Domestic Competitive Bidding

xsy ¼bafM;k½ fyfeVsM ¼Hkkjr ljdkj dk miØe& ,d egkjRu dEiuh½

GAIL (India) Limited (A Government of India Undertaking- A Maharatna Company)

DOMESTIC COMPETITIVE BIDDING (E-TENDER) BID DOCUMENT FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA BID DOCUMENT NO: GAIL/PA15/56038/8000007986/SS (E-Tender Bid Invitation Ref. No. 8000007986)

PRE-BID MEETING : 12.05.2015 At 11:00 HRS (IST)

DUE DATE & TIME FOR ONLINE

BID SUBMISSION (ONLY THROUGH E-TENDERING MODE): 27.05.2015 At 15:00 HRS (IST)

DUE DATE & TIME FOR BID OPENING: 27.05.2015 At 16:30 HRS (IST)

Phone: +91 5683 282356, 282049, 283403-05, Extn – 30611 E-mail- [email protected]/ [email protected] Fax: +91 5683 282446, +91 11 26185941 15223#, Website: www.gailonline.com

Invitation for Bid (IFB)

Ref.: GAIL/PA15/56038/8000007986/SS 05.05.2015

To,

The Bidder,

SUBJECT: AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA. Dear Sir,

GAIL (India) Limited (A Govt. of India Undertaking – A Maharatna Company) invites e-Bid on Domestic Competitive Bidding basis from eligible bidders who meet Bid Evaluation Criteria as mentioned here-under against subject tender for its Petrochemical Plant, Pata UNDER SINGLE STAGE TWO BID SYSTEM through "e-Tendering" portal https://etender.gail.co.in, as per Special Conditions of Contract, Scope of Work and other terms and conditions as mentioned/enclosed in/with this document.

1.0 Salient Features of Tender Document:

(A) SCOPE OF WORK AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA

(B) TENDER NO. GAIL/PA15/56038/8000007986/SS [E-Tender No.: 8000007986] MODE OF TENDERING Domestic Competitive Bidding through E- Tendering portal

(Bids must be submitted only through e- Tendering mode using GAIL’s Portal (C) https://etender.gail.co.in, For necessary/security setting in your PC and detailed instruction regarding e-tendering process, please read ‘Ready Reckoner’, FAQs and “Help Document” available on above mentioned website).

(D) TENDER FEE NOT APPLICABLE

BID SECURITY / EARNEST MONEY ` 2,90,000/- (Rupees Two Lakh Ninty (E) DEPOSIT (EMD) Thousand Only) CONTRACT PERIOD Please see Special Conditions of Contract (F) (SCC) 05.05.2015 to 27.05.2015 (15:00 Hrs. IST) (G) BID DOWNLOAD PERIOD [from GAIL’s website https://etender.gail.co.in (under guest login) or http://gailtenders.in] (H) DATE OF PRE-BID MEETING 12.05.2015 (11:00 HRS) at GAIL, Pata (UP) VENUE FOR PRE-BID MEETING & GAIL (India) Limited, (I) OPENING OF UN-PRICED BIDS Polymer Bhawan,

Pata -206241, Auraiya Dist Uttar Pradesh

27.05.2015 (15:00 Hrs IST) LAST DATE & TIME OF BID (J) (Tender must be submitted within above SUBMISSION (UPLOADING) stipulated date and time through e-tendering mode only)

27.05.2015 (16:30 Hrs IST) DATE & TIME OF UN-PRICED BID (K) (If the particular day is happened to be a OPENING declared holiday in GAIL, the next working day shall be considered)

(L) BID EVALUATION CRITERIA (BEC) Please see Appendix-I to IFB

Please see ITB (Bid with any (M) REJECTION CRITERIA deviation/modification /stipulation to rejection criteria, shall be rejected) Mr. Rakesh Kumar, Ch. Manager (C&P) (N) ALTERNATE CONTACT PERSON(S) email: [email protected]; Ph +91 5683 230384

2.0 Complete Tender Document and Schedule of Rates (in MS Excel Form) are available on GAIL’s/Govt. website and same can be downloaded from GAIL’s website https://etender.gail.co.in/irj/portal (as a guest user) or http://gailtenders.in OR http://tenders.gov.in or CPP Portal (http://eprocure.gov.in). Bidder is requested to down load the same and quote their prices strictly as per the format without altering the content of it.

Corrigendum(s)/Amendment(s) and Record Notes of pre-bid discussions, if any, shall also be available on the referred web sites, and its bidder(s) responsibility to check website regularly.

3.0 Bid Document is non-transferable.

4.0 Bids complete in all respect should be uploaded on the GAIL’s portal online on or before the bid due date and time.

5.0 PRE-BID MEETING (PBM)

a) The Bidder(s) or his official representative, are invited to attend a pre-bid meeting on date, time and venue specified above. The person should carry authorization letter and valid Photo ID proof.

b) The bidder is requested to submit clarifications/questions in the format (Format F3 refers) provided herewith by e-mail/courier / fax so as to reach GAIL at least one (03) day before the pre-bid meeting. These questions shall be replied during the pre-bid meeting.

c) Corrigendum(s) and Record Notes of pre-bid discussions, if any, shall also be available on the referred web sites and its bidder(s) responsibility to check website regularly for such updates.

d) This being an e-Tender process, a Session will also be arranged for bidders to demonstrate the e- Tendering system to facilitate bidders to submit the Bid Online.

e) Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder.

7.0 SUBMISSION OF BIDS:

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA Any bidder who meets BEC, Techno-commercial requirement of tender document and wishes to quote against this Tender may download the complete Tender Documents & its Corrigendum/Addenda (if any) from GAIL's website http://gailtenders.in; or "e-Tendering" portal at https://etender.gail.co.in/irj/portal (log in as guest user) & CPP Portal (http://eprocure.gov.in).

Bids are to be uploaded / submitted online in GAIL’s e-tendering System (https://etender.gail.co.in) only. Bidder shall submit the Prices as well as the Un-Priced Documents as mentioned hereunder through our e-tendering portal only.

Bids submitted in any other form, such as courier (containing documents in physical form) / post / in- person / fax / e-mail/telegram / telex/CD/DVD/documents in pen drive etc. shall not be accepted against this Tender. The "Un-Priced Bid" and "Price Bid" shall contain the documents in the manner specified below:

 PART-I: UN-PRICED/TECHNO-COMMERCIAL BID

[Refer clause no. 12 of General ITB of Tender Document]

To be submitted on Collaboration Folders of E-tendering system complete with all technical details along with all other required documents as specified in bid document including Price Schedule WITH PRICE BLANKED OUT.

No Hard copy of Bid document to be submitted.

The "Un-Priced Bid" must contain all technical and commercial details as mentioned in tender document in relevant folder(s), other than the rate with the following:

 PART-II: PRICE BID /PRICE SCHEDULE

[Refer clause no. 12 of General ITB of Tender Document]

It should contain only the “Price Schedule” in exact format of tender document completely filled with rates & all other required information, without any other terms and conditions or document whatsoever. The "Price Bid" containing any new / fresh condition [not mentioned in the "Un-Priced Bid"] shall be categorically ignored.

 PART-III: EARNEST MONEY DEPOSIT/BID SECURITY

[Refer clause no. 12 of ITB of Tender Document]

The “copy of EMD/BG” and no terms and conditions and document(s), shall be uploaded in folder name EMD. Original of Earnest Money Deposit (EMD), POA (Power of Attorney), IP (Integrity Pact) etc. as per clause no. 11 of IFB must reach us on or before cut-off date & time.

7.1.1 [BID EVALUATION CRITERIA(BEC)]

TECHNICAL BEC

A) The bidder must be having valid electrical license for working voltage of 6.6 KV or above.

Bidder is required to submit documentary evidence in support of the same along with technical bid.

B) The bidder should have executed at least one single order /contract valuing not less than Rs. 36.40 Lakh in a Petrochemical Plant/ Fertilizer Plant / Petroleum Refinery/Chemical Plant /Gas Based Power Plant/Gas Processing Complex / LPG Plant/ Offshore Platform in the preceding 07 years as on final due date of bid submission for any one or a combination of the following jobs:

i) “Electrical Operation or Maintenance” OR ii) “Electrical Construction Work” OR iii) “Electrical Work during Erection / Commissioning / Pre-commissioning” OR iv) “Electrical Maintenance Shutdown Job”

Bidder shall submit copy of complete work order consisting scope of works/ services, SOR etc. along with execution certificate/ proof of execution showing reference of work order number & date, executed value & actual date of completion of work, execution proof etc. in support of meeting the above experience

In case the bidder is executing a rate/ maintenance contract which is still running and the contract value/ quantity executed till one day prior to the due date of submission is equal to or more than the minimum prescribed value/ quantity as mentioned in the BEC, such experience will also be taken into consideration provided that the bidder has submitted satisfactory work, supply execution certificate to this effect issued by the end user/owner.

A Job executed by a bidder for its own plant/projects cannot be considered as experience 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.

FINANCIAL BEC

(A) The Annual Turnover of the bidder should be at least Rs. 36.40 lacs or more in any one of the immediate preceding three financial years.

(B) The bidder must have POSITIVE Net Worth as per the audited financial result for the immediate preceding financial year.

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA (C) The bidder should have Working Capital of at least Rs. 7.27 lakh or more as per the audited financial result for the immediate preceding financial year. Bidder has to submit copies of audited balance sheet and profit & loss a/c statement of immediate financial year. If the working capital of the bidder is less than Rs. 7.27 lakh, then the bidder should supplement this with letter from bank, having net worth not less than Rs.100 crores, confirming the availability of line of credit for at least Rs. 7.27 lakh. 7.2 DOCUMENTS REQUIRED:

7.2.1 For authentication of document(s) submitted in support of Technical Criteria of Bid Evaluation Criteria (BEC):

All document(s) in support of Technical Criteria of Bid Evaluation Criteria (BEC) to be furnished by the Bidder, shall necessarily be certified / attested by Chartered Engineers and notary public in Legible Stamp.

7.2.2 For authentication of document(s) submitted in support of Financial Criteria of Bid Evaluation Criteria (BEC):

The bidder shall submit “Details of Financial Capability of Bidder” in prescribed format as enclosed duly signed and stamped by Chartered accountant.

Further, copy of audited annual financial statements submitted in bid shall be duly certified /attested by notary public with legible stamp.

Note: In case the tenders having the bid closing date up to 30th September of the relevant financial year, and audited financial results of immediate preceding financial year is not available for turnover criteria specified at clause 7.1.2.1 the bidder has an option to submit the audited financial results of the three years immediately prior to that year. Wherever, the bid closing date is after 30th September of the relevant financial year, bidder has to compulsory submit the audited financial results for the immediate three preceding financial years.

In case the tenders having the bid closing date up to 30th September of relevant financial year, and audited financial results of immediate preceding financial year is not available, in such case the audited financial results of the year immediately prior to that year will be considered as last financial year for “Net Worth” and “Working Capital” calculations as specified at clause 7.1.2.2 & 7.1.2.3. Wherever, the bid closing date is after 30th September of the relevant financial year, bidder has to compulsory submit the audited financial results for the immediate preceding financial year.

8.0 EARNEST MONEY DEPOSIT (EMD)/BID SECURITY: The Earnest Money Deposit (EMD) for the amount as mentioned above shall be submitted in the form of crossed Bank Demand Draft/Banker’s Cheque drawn on any Nationalized/Scheduled bank in favour of GAIL (India) Limited, payable at State Bank of India, Pata (Branch Code 1937), Auraiya (U.P.) or through letter of credit. Alternatively, Earnest Money deposit may also be submitted through Bank Guarantee from any Indian Scheduled Bank or a branch of an International Bank situated in India and registered with Reserve Bank of India as scheduled foreign bank in the proforma attached with the Tender Document. However, other than the Nationalized Indian Banks, the banks whose BGs are furnished must be commercial banks having net worth in excess of Rs. 100 crores and a declaration to this effect should be made by such commercial bank either in the bank guarantee itself or separately on a letter head.

Validity of EMD/BG shall be minimum 2 months beyond the validity of the offer. In event of non- availability of copy of EMD in bid (Bid => Technical Document => EMD Folder), such bids may not be considered/opened.

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA For the information of the bidders the list of Local Banks presently operating in Dibiyapur, Pin Code – 206241 (near to GAIL, Petrochemical Complex at Pata) is given below:

1. STATE BANK OF INDIA

2. ICICI BANK

3. HDFC BANK

4. CENTRAL BANK OF INDIA

5. PUNJAB NATIONAL BANK

6. BANK OF BARODA

7. BANK OF INDIA

8. ALLAHABAD BANK

9. SYNDICATE BANK

9.0 GAIL (India) Limited assumes no responsibility for inability of a bidder to submit bids through GAIL's "e- Tendering" system on account of delay in submission at bidder's end. Bidder shall ensure that they submit the bid well before the "Due Date & Time of Bid-Submission". GAIL shall not be responsible if bidder is not able to submit the bid on account of failure in network / internet connection at bidder's end. Bidder shall obtain a "Digital Certificate [Class-3B]" on their own and GAIL (India) Limited will be not at all responsible for a bidder not having acquired the valid "Class-3 / 3B Digital Certificate". For necessary security setting in PC and detailed instruction regarding e-tendering process, please refer to “Annexure- IInstructions to Bidders (ITB) for participation in E-Procurement" of this tender document and “Ready Reckoner and FAQs” (available on GAIL’s e-portal) for further details.

Exemptions:

(i) Firm registered with NSIC are exempted from furnishing Bid Security, provided the firms are registered for the items, they intend to quote and subject to their enclosing with their bid a copy of latest and current registration certificate. Further, Public Sector Undertakings are also exempted from furnishing Bid Security.

(ii) In case, bidder is a Micro or Small Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006, is also exempted from submission of EMD/Bid Security provided the firms are registered for the items, they intend to quote and subject to their enclosing with their bid & they have to submit the sufficient documentary evidence as per clause no. 30 of ITB.

10.0 Clause deleted. 11.0 SUBMISSION OF ORIGINAL CERTIFICATES/ DOCUMENTS: 11.1 Tender Fee:

Not applicable

11.2 Other Documents:

The following original document(s) (along with any other document(s) which are asked in tender document for submission in original) must reach us on due date and time of bid submission (or within 7 days from the “due date for bid submission” in exceptional cases) as under, failing which bid may not be considered for further evaluation:

(i) EMD in form of DD/BG (ii) Original Power of Attorney (Refer Article 12 of ITB Annexure-I and 2.1 of Annexure-II of Section-II) (iii) Integrity Pact duly signed by Competent Person and witness,

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA The above document(s) must be sent in a sealed envelope super scribing as “Original EMD & Documents against Tender Reference No. “GAIL/PA15/56038/8000007986/SS [E-Tender Bid Invitation No.- 8000007986] ” so as to reach at following address:

Central Receipt Section (Not for Tender Box) Attn. Mr. Sanjay Singh Security Main Gate Building, Dy. Manager (C&P) Pata Complex, GAIL (India) Limited P.O. – Pata (Nearby Dibiyapur) District - Auraiya (U.P.), Pin – 206 241 Phone : +91 5683 30384

Bidder must ensure that these documents must reach GAIL on or before 7th day from the final due date & time of bid opening (Part-I), failing which the bid will not be evaluated further irrespective of their status/ranking in tender and notwithstanding the fact that a copy of EMD was earlier uploaded by the bidder

Above Document(s)/Bid(s) received after stipulated last date and time, due to any reasons what-so- ever, including postal delays will not be considered.

GAIL Petrochemical Plant, Pata is situated near Dibiyapur, Distt. 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:

A) FIRST FLIGHT COURIER:

(i) DIBIYAPUR BRANCH

Near Sahara India Ltd, Auraiya Road, Dibiyapur, Contact Person: Mr. A. K. Tiwari Contact Details: Mobile – 9918486882 / 9548988908 E-mail: [email protected]

(ii) AURAIYA BRANCH

Jap Bhavan Market, Infront of HDFC Bank Ltd., Kanpur Road, Auraiya Contact Person: Mr. Ajay Singh Contact Details: Mobile – 9336587325 E-mail: [email protected]

B) TRACKON COURIER:

Opposite GAIL GAON Gate, Adjoining ICICI BANK LTD., Contact Person: Mr. Rahul Pal Contact Details: Mobile – 9457946823 E-mail id : [email protected]

C) DTDC COURIER AND CARGO LTD.

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.

12.0 SCOPE OF SUPPLY & WORK The bidder shall undertake full responsibility on overall basis for providing desired Works/Job as described in the tender document & its corrigendum (if any).

For complete details refer attached document(s) of bid document.

13.0 ZERO DEVIATION:

Please note that this is a zero deviation tender. Bidders are advised to strictly confirm compliance to tender conditions and not to stipulate any deviation / conditions in their offer. Subsequent to bid submission, GAIL may not seek confirmations / clarifications from the bidders. Bidders are also requested to submit the documents / confirmations strictly as per requirement of tender document and its amendment(s), if any.

In addition to above, bid with any deviation/modification to critical clauses & Rejection Criteria of bidding document shall be categorically rejected, without any clarification.

14.0 GAIL reserves the right to carry out capability assessment of the bidder including referral to in-house information.

15.0 GAIL will not be responsible or liable for cost incurred in preparation & delivery of bids, regardless of the conduct or outcome of the bidding process.

16.0 Bidder should not be under liquidation, court receivership or similar proceedings.

Further, Bidder should not be black listed with any PSU and should not be on holiday list of GAIL and its PMC (i.e. EIL, MECON, Suez Tractebel, J P Kenny etc.).

17.0 Corrigendum/Addendum, if any, shall also be available on the referred Websites. Further, bidder shall give an undertaking in Agreed Terms & conditions that the content of the bidding document have not been altered or modified.

18.0 No extension in the bid due date/time shall be considered on account of delay in receipt of any document.

19.0 GAIL will follow purchase preference policy as per prevailing guidelines of Government of India.

All the bidders including those who are not willing to submit their bid against in this tender, are required to submit format F-1 “Acknowledgement Cum Consent Letter” attached in the tender along with reason(s) for non-participation (if applicable) within 7 days from receipt of tender information.

GAIL reserves the right to accept or reject any or all offers without assigning any reason, whatsoever or to place order for part quantity at the sole discretion of GAIL.

Thanking You,

Yours faithfully, 9

(Sanjay Singh) Dy. Manager (C&P) email: [email protected] Ph : +91 5683 230248/+91 9720006517

Contents

SECTION. NO. DESCRIPTIONS PAGE NOS.

1. Invitation for Bid (IFB) 2-7

2. Instructions to Bidders 9-38

Annexure-I (ITB for E-Procurement)

Annexure-II (General ITB)

3. Forms & Formats 39-57

4. Special Conditions of Contract 58-74

5. General Conditions of Contract-Works (Attached Separately)

6. Price Schedule (Attached Separately)

* **

SECTION -II

INSTRUCTIONS TO BIDDERS

Annexure-I Instructions to Bidders (ITB) for participation in E-Procurement

Annexure-II General Instructions to Bidders (ITB)

SECTION – II

INSTRUCTIONS TO BIDDERS (ITB)

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 Windows7 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

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

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA 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 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.

(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.

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 16

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.

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.

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA 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.

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 PAGE NOS. DOCUMENTS C-FOLDER (FOR REF.) 1. INDEX Index 1 to a 2. TENDER DOC Tender Document, Corrigendum etc. a+1 to b BEC documents (including order, 3. B.E.C completion/ execution certificate, b+1 to c 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 Formats of tender duly filed-in, signed 6. FORMATS e+1 to f and stamped and other 7. I.P. Integrity Pact (I.P.) f+1 to f 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

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 18

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA 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.

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA ANNEXURE-II GENERAL INSTRUCTIONS TO BIDDERS (GITB) TABLE OF CONTENTS A. General 1. Scope of Bid 2. Eligible Bidders 3. Bid Evaluation Criteria 4. Bids from Consortium / Joint Venture 5. One Bid per Bidder 6. Cost of Bidding 7. Site Visit B. Bidding Documents 8. Content of Bidding Documents 9. Clarification of Bidding Documents 10. Amendment of Bidding Documents C. Preparation of Bids 11. Language of Bid 12. Documents Comprising the Bid 13. Bid Prices 14. Bid Currencies 15. Bid Validity 16. Bid Security 17. Pre-Bid Meeting 18. Format and Signing of Bid 19. Zero Deviation 20. E-Payment D. Submission of Bids 21. Marking of Bids 22. Deadline for Submission of Bids 23. Late Bids 24. Modification and Withdrawal of Bids E. Bid Opening and Evaluation 25. Bid Opening 26. Process to be Confidential 27. Contacting the Employer 28. Examination of bids and Determination of Responsiveness 29. Correction of Errors 30. Evaluation and Comparison of Bids F. Award of Contract 31. Award 32. Employer’s Right to Accept any bid and to Reject any or all Bids 33. Notification of Award 34. Signing of Agreement 35. Contract Performance Security 36. Corrupt or Fraudulent Practices 37. Waiver of the transfer of the agreement 38. Integrity Pact 39. AHR Items 40. Road Permit 41. Performance Rating and Evaluation 42. Public Procurement Policy for Micro and Small Enterprises 43. Settlement of Commercial Disputes Between Public Sector Enterprise(s) Inter-Se and Public Sector Enterprise(s) And Government Department(s) Through Permanent Machinery of Arbitration (PMA) In The Department of Public Enterprises

A. General

1. Scope of Bid 1.1 The Employer/GAIL/Purchaser/Owner, as defined in the General Conditions of Contract, hereinafter “the Employer”, wishes to receive bids for the Works/Services as described in Section VI, Special Conditions of Contract, hereinafter referred to as “the Works/services.”

1.2 The successful bidder will be required to provide the services /complete the work within the period mentioned in SCC Section VI of bidding document.

1.3 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives (“bidder/ tenderer”, “bid/ tendered”, “bidding/ tendering”, etc.) are synonymous, and day means calendar day. Singular also means plural. 2.1 Bidders shall, as part of their bid, submit a written power of 2. Eligible Bidders attorney authorizing the signatory (for manual signature as well as digital signature, refer enclosed Format) of the bid to bind the bidder.

2.2 This invitation for bid is open to any bidder who meets Bid Evaluation Criteria (BEC) and other requirement of tender document.

2.3 A bidder shall not be affiliated with a firm or entity (i) that has provided consulting services related to the Works to the Employer during the preparatory stages of the Works or of the Project of which the Works form a part, or (ii) That has been hired (or is proposed to be hired) by the Employer as Engineer/ Consultant for the contract.

2.4 The bidder shall not be under a declaration of ineligibility by Employer for corrupt or fraudulent practices as defined in ITB.

2.5 The bidder is not put on holiday by GAIL or GAIL’s PMCs like EIL, MECON, Suez Tractebel, J P Kenny etc. OR BANNED by any Government Department / Public Sector. 3. Bid Evaluation Please refer clause no. 7.1.1 of IFB & clause no. 4 of ITB. Criteria 4. Bids from Joint Venture / 4.1 Bids from Joint venture / Consortium/Sub-Contractor are not Consortium acceptable.

5. One Bid per 5.1 A bidder who submits more than one bid will cause all the bid(s) Bidder which the bidder has submitted; to be disqualified. 6. Cost of Bidding 6.1 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. 7. Site Visit 7.1 The bidder is advised to visit and examine the Site and its surroundings and obtain for itself on its own responsibility all 21

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA information that may be necessary for preparing the bid and entering into a contract. The costs of visiting the Site shall be at the bidder’s own expense. 7.2 The bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection. 7.3 The Employer may conduct a Site visit concurrently with the pre-bid meeting.

B. Bidding Documents

8. Content of 8.1 The Bidding Documents/Tender Documents are those stated Bidding below and should be read in conjunction with any addenda issued Document in accordance with ITB Clause 9 & 10.

Section I Invitation for Bids (IFB) Section II Instructions to Bidders (ITB) Section III Forms and Formats Section IV Special Conditions of Contract (SCC) & Scope of Work (SOW) Section V Performance Evaluation Section VI General Conditions of Contract (GCC) Section VII Price Schedule / Schedule of Rates to be uploaded in Note and Attachment Tab of e- tender portal

8.2 The bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. 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. 9. Clarification of 9.1 A prospective bidder requiring any clarification of the Bidding Bidding Documents may notify GAIL in writing or by fax or e-mail at Documents 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 03 days prior to the date of scheduled Pre-Bid Meeting. Written copies of GAIL’s response (including an explanation of the query but without identifying the source of the query) will be uploaded on e-tendering website. Any Clarification or information required by the bidder should reach Employer within 07 days prior to the bid due date, thereafter no cognizance shall be given to such queries. 10. Amendment of 10.1 At any time prior to the bid due date, GAIL may, for any 22

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA Bidding reason, whether at its own initiative or in response to a Documents clarification requested by a prospective bidder, modify the bidding documents.

10.2 Any addendum thus issued shall be part of the Bidding Documents. The addendum will be hosted on the GAIL websites http://www.gailtenders.in and https://etender.gail.co.in/irj/portal and CPP Portal (http://eprocure.gov.in). All the prospective bidders who have attended the pre-bid meeting or who have raised queries (in writing) against bidding document shall be informed by e- mail/Fax about the addendum for their reference. Bidders have to take into consideration of all the addendum(s) / corrigendum (s) / clarifications issued/ web hosted, before submitting the bid. 10.3 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.

C. Preparation of Bids

11. Language of Bid 11.1 The bid prepared by the bidder and all correspondence and documents relating to the bid exchanged by bidder and GAIL shall be written in English language. 12. Documents 12.1 Bid must be submitted online thru' GAIL's "e-Tendering" Comprising the system at https://etender.gail.co.in/irj/portal Bidder shall Bid submit both "Un-Priced Bid" and "Price Bid" through GAIL's "e-Tendering" portal only. Please read “Rejection criteria” and all other document/corrigendum of tender before submitting bid.

Detailed step-by-step instructions to upload bid is explained in the “Ready Reckoner” which can be downloaded from GAIL’s e-portal. Also, bidder can refer FAQs available on this portal.

12.2 The "Un-Priced Bid" and "Price Bid" shall contain the documents in the manner specified below:

12.3 PART-I: UN-PRICED (TECHNO-COMMERCIAL BID): (The following documents along-with any other document(s) /confirmation(s) as required based on terms and conditions of tender document must be uploaded under link “TECHNICAL DOCUMENT” and not at “Step 3/ Notes and Attachment/Price Bid Section”) The "Un-Priced Bid" must be complete with the following:

(i) 'Covering Letter' on Bidder's 'Letter head' (ii) Copy of Original EMD / Bid Security (iii) Documents against BEC (Refer clause no. 7.1 to IFB) (iv) Format from CA for financial capability (Format F-2A) (v) Copy of Power of attorney (as per clause no.- 2.1, Annexure-II, GITB)

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA (vi) Format of AGREED TERMS & CONDITIONS & CHECKLIST duly filled-in (Form F-10 & F-10A) (vii) Copy of Integrity Pact F-11 duly signed by competent person on plain paper. (viii) All other applicable Forms/formats duly filled-up in all respects (viz. F-2, F-2 (A), F-3 (A), F-4, F-5 (A&B), F-6, F-10 & F-10 (A) of Section - III of Tender Document) (ix) Copy of Price Schedule format without the prices/rates but mentioned QUOTED/NOT QUOTED in all relevant boxes towards proof of submission of prices strictly as per price schedule in “Price Bid (Part-II)” of Bid. (x) All technical and commercial details other than the rate/price. (xi) Any other information/details required as per bidding document including addendum /corrigendum to this bidding document, if issued.

12.4 For easy download and access of document(s) submitted in the bid, bidder are advised to upload document(s) in relevant Folders namely Index, Tender Documents, BEC, Unpriced - Commercial, EMD, POA, Formats, Other etc. only.

All the documents should be 'digitally signed' through a valid "Class-3 / 3b Digital Certificate" (Please refer clause no. 3.6 of ITB, Annexure – I, Section – II).

12.5 PART-II: PRICE BID [SCHEDULE OF RATE]

(Only Priced Bid in form of PDF/MS Excel duly filled rates exactly in Format Provided in this tender must be uploaded under link “Step 3 : Notes and Attachment” and not at link “TECHNICAL DOCUMENT”)

12.6 Priced Bid shall contain only rates/prices filled-in strictly in the “Price Schedule/Schedule of Rates” format of the tender document (MS Excel OR PDF) and shall be uploaded as an SRM attachment.

12.7 No stipulation, deviation, terms & conditions, presumption, basis or any documents etc. shall be stipulated / submitted in Priced bid. GAIL shall not take cognizance of any such statement / document(s) /information and may at their discretion reject such price bids.

12.8 Bidders are advised NOT to mention Rebate/Discount separately, either in the Price Schedule format or anywhere else in the offer. In case bidder(s) intend to offer any Rebate /Discount, they should include the same in the item rate(s) itself under the “Price Schedule” and indicate the discounted unit rate(s) only.

If any bidder offers suo-moto discount after opening of un-

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA priced bids but before opening of price bids, such reduction / discounts shall not be considered for evaluation. However, if the bidder happens to be the lowest evaluated bidder without considering such discount then the benefit of discount will be availed at the time of award of work. In the event as a result of techno-commercial discussions or pursuant to seeking clarifications / confirmations from bidders, while evaluating the un-priced part of the bid, any of the bidders submits a sealed envelope stating that it contains revised prices; such bidder(s) will be requested to withdraw the revised prices failing which the bid will not be considered for further evaluation. 13. Bid Prices 13.1 The Contract shall be for complete scope of services as described in Bidding Document, based on the unit rates and prices submitted by the Bidder and accepted by the EMPLOYER.

13.2 Prices must be filled in format for ‘Schedule of Rates’ available as attachment in Note and Attachment TAB of e-tender portal. If quoted in separate typed sheets and any variation in item description, unit or quantity is noticed; the bid is liable to be rejected.

13.3 Bidder shall quote rates only in Schedule of Rates after careful analysis of cost involved for the performance of the completed item considering all parts of the Bidding Document. In case any activity though specifically not covered in description of item under ‘Schedule of Rates’ but is required to complete the works as per Scope of Work, Scope of supply, Specifications, Standards, Drawings, General Conditions of Contract, Special Condition of Contract or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity. Items against which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the SOR.

13.4 All duties and taxes including Excise duty, Sales tax, VAT, Entry tax, Custom duty, CVD, additional CVD, Work Contract tax, Turnover Tax and other levies or any other statutory payments payable under the Contract or for any other cause by the Contractor except Service Tax and Cess shall be included in the rates / in total bid price submitted by the bidder. Domestic bidders are required to mention Service Tax extra in SOR.

13.5 Prices quoted by the bidder, shall remain firm and fixed and valid until completion of the Contract and will not be subject to variation on any account except statutory variations in Service Tax as mentioned below

13.6 Statutory variations in Service tax during the contract period including it’s extension (if any), shall be to the Employer’s 25

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA account for which the Contractor will furnish documentary evidence(s) in support of their claims to GAIL. However, any increase in the rate of these taxes and duties beyond the contractual completion period shall be to Contractor's account and any decrease shall be passed on to GAIL.

13.7 Further, any new taxes & duties, if imposed by Govt. of India after due date of bid submission but before the completion period/contract completion period, shall be reimbursed to the Contractor on submission of documentary evidence towards proof of payment to Govt. authorities and after ascertaining it’s applicability w.r.t. this contract.

13.8 Owner/GAIL will reimburse the service tax to the Contractor at actuals against submission of CENVATABLE invoices issued in accordance with service tax Rules to enable Owner/GAIL to claim CENVAT credit of service tax paid. In case of any variation in the executed quantities, the amount on which the Service Tax is applicable shall be modified in same proportion.

Service Tax:

13.9 The bid rates should be inclusive of all taxes & duties applicable during the contract period except Service Tax and Education Cess thereon. Service Tax and Education Cess thereon to be quoted separately in percentage as well as its total amount in SOR and same shall be reimbursed wherever service provider is liable to pay service tax on submission of documentary evidence/invoice(s) as per Rule 4A of Service Tax Rule, 1994.

13.10 The tender is for hiring of services for “AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA” and value of Service portion is determinable, therefore, applicable rate of Service Tax is 12.36% which has been indicated in Schedule of Rates (SOR). However, the bidder is free to quote any other rate of service Tax provided the same must be in line with the provisions of Service Tax Law in India. However, the bidder is requested to ensure applicability of quoted Service Tax as per nature of job before submitting their offer. Any difference payable on account of wrong Service tax rate shall be on the scope of the bidder.

13.11 If bidder wants to quote rate of Service other than 12.36%, then below mentioned provision will be applicable and the same has to be confirmed by the bidder in Agreed Terms and Conditions.

(a) In case a bidder does not indicate the rate & amount of service tax in the SOR or makes any other statement

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA (e.g. “NIL”, “Inclusive”, “Kept as Blank” etc.), their quoted price shall be considered inclusive of service tax at the rate applicable at the time of bid opening (i e presently @ 12.36%) and the job shall be awarded accordingly to the L-1 bidder after reduction of the applicable service tax amount ascertained in this regard.

(b) In case a bidder indicate the rate & amount of service tax in the SOR as “Extra at Actuals” their quoted price shall be evaluated after loading of service tax at the rate applicable at the time of bid opening without any abatement (i. e. presently @ 12.36%), which will be completely sole discretion of GAIL.

(c) In case the bidder quotes any other rate which is less than prevailing rate as per service tax rules by virtue of any abatement/ exemption then the bidder shall make note of such abatement/ exemption in SOR, else their quoted price shall be evaluated after loading of service tax at the rate applicable without any abatement (i. e. presently @ 12.36%), at the time of bid opening instead of lower rate of service tax as quoted by the bidder, which will be completely sole discretion of GAIL. However reimbursement of service tax will be restricted to the rates as quoted by bidder in percentage as well as its total amount in SOR, and contractor shall be liable to pay differential service tax at its own to government department. During the execution of the contract, GAIL may ask for copy of challan to ensure the payment by contractor of such differential service tax. (d) In case, rate of service tax quoted by bidder is higher than maximum applicable rate as per prevailing service tax rules, it shall be restricted to the prevailing maximum rate (i. e. presently @ 12.36%), for reimbursement purpose, and in the same line for evaluation purpose also the prevailing maximum rate ( i. e. presently @ 12.36%) shall only be considered. The Higher rate of service tax quoted by bidder as stated above in percentage as well as its total amount in SOR shall be termed as void, and not be considered in any case, which will be completely sole discretion of GAIL.

13.12 NOTE: “In case Service Tax department brings to the notice of GAIL that a Contractor has not paid to the credit of the Government the Service Tax collected from GAIL, then suitable penal action against the Contractor will be initiated which will include putting the contractor on holiday list”.

13.13 The bidder who is exempted to pay Service Tax and Education Cess thereon due to annual turnover at the time of bid submission and later on if it becomes applicable, evaluation shall

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA be made based on information available in their bid. Further, after placement of order/contract, if Service Tax and Education Cess thereon due to increase in annual turnover become leviable, GAIL shall not reimburse Service Tax & Education Cess thereon and contractor shall be liable to pay Service Tax & Education Cess thereon to Government department during the execution of the contract.

13.14 The bidder shall indicate in its bid the Service Tax Registration no. and in case the Service Tax registration no. is not available, the bidder will give confirmation for obtaining registration with a copy of application for registration.

13.15 The Service Provider shall specifically mention the Service Tax Registration No. in their Invoice(s). Further, the amount and rate of Service Tax shall be separately and distinctly specified in the Invoice(s). In addition to above invoice / bill shall be serially numbered and should also specify following:

(i) The name, address and registration number of the service provider (ii) The name and address of the recipient of the taxable service (iii) Description, classification and value of taxable service provided and (iv) The service tax payable on such services

13.16 The above details are required to enable GAIL to avail CENVAT credit for the service tax payments. 13.17 CENVAT CREDIT (i) Bidders shall provide required documents for availing CENVAT Credit applicable on Service Tax as per prevailing rules.

(ii) If bidder is not a manufacturer, then if awarded, the bidder shall arrange documents so that CENVAT benefit towards supply of material is availed by GAIL. In such cases, material (as defined in SCC, if any) shall be consigned directly to GAIL.

13.18 Income Tax & other taxes :

(I) Income tax deduction shall be made from all payments of the contractor as per rules and regulation in force in accordance with the income tax act prevailing from time to time. Further, WCT if applicable shall be deducted.

(ii) The bidder has to bear the withholding tax as applicable in India in accordance with Income Tax Act on every payments and withholding tax certificate would be issued accordingly.

14. Bid Currencies Bidders shall submit bid in Indian Rupees only.

15. Bid Validity 15.1 Bids shall be kept valid for three (03) months from the final bid due date. A bid valid for a shorter period may be rejected by GAIL as non-responsive.

15.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request that the bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by fax / e-mail. A bidder may refuse the request without forfeiture of his bid security. A bidder agreeing to the request will not be permitted to modify his bid, but will be required to extend the validity of its bid security for the period of the extension and in accordance with Clause 16 in all respects. 16. Bid Security 16.1 The bidder shall furnish, as part of his bid, bid security in the amount specified in the Invitation for Bids (IFB).

16.2 The bid security is required to protect GAIL against the risk of bidder’s conduct which would warrant the security’s forfeiture, pursuant to Clause-16.7 16.3 The bid security shall be in the form of a Bank Draft/ Banker’s Cheque/ Bank Guarantee. GAIL shall not be liable to pay any bank charges, commission or interest on the amount of Bid Security. In case Bid Security is in the form of a Bank Guarantee, the same shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank. However, in case of Bank Guarantee from banks other than the Nationalised Indian banks, the bank must be commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. Bid Security shall be valid for 2 months beyond the validity of the Bid.

16.4 Any bid not secured in accordance with Clause-16.1 and 16.3 may be rejected by GAIL as non-responsive.

16.5 Unsuccessful bidder’s bid security will be discharged/returned as promptly as possible, but not later than 30 days after the expiration of the period of bid validity prescribed by GAIL, pursuant to ITB Clause-15.

16.6 The successful bidder’s bid security will be discharged upon the bidder’s accepting the award & signing the Agreement, pursuant and furnishing the Contract Performance Security pursuant.

16.7 The bid security may be forfeited:

a) If a bidder withdraws his bid during the period of bid

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA validity. b) in the case of a successful bidder, if the bidder: i) fails to accept the Notification of Award/Fax of Acceptance (FOA) or ii) fails to furnish Contract Performance Security in accordance with Clause-35. iii) Fails to accept arithmetical corrections. iv) Provides false information and/or forged document(s) in their bid.

16.8 The Bid security shall be submitted in the form of crossed Bank Demand Draft drawn on any Nationalized/Scheduled bank in favour of GAIL (India) Limited, payable at State Bank of India, Pata (Branch Code 1937), Auraiya (U.P.). In case Bid Security is in the form of Bank Guarantee, the same must indicate the Tender Document reference no. and the name of work/job for which the bidder is quoting. This is essential to have proper co-relation at a later date. The Bid Security shall be in the form provided at F-4 (Bank Guarantee).

16.9 Exemptions:

17.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

17.3 Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be transmitted without delay (without identifying the sources of the question) to all purchasers of the bidding documents. Any modification of the bidding documents listed in ITB Sub- Clause 8.1 that may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to Clause 10 and not through the minutes of the pre-bid meeting. 30

17.4 Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder. 18. Format and 18.1 The bid document should be neatly filled and digitally-signed Signing of Bid by the person holding the power of attorney to sign the bid on behalf of the bidder. The name and post held by the person digitally-signing the bid must be typed or printed below the signature

18.2 The bid shall contain no alterations, omissions, or additions, unless such corrections are initialed by the person signing the bid. 19. Zero Deviation 19.1 Bidders to note that this is a zero deviation tender. GAIL will appreciate submission of offer based on the terms and conditions in the enclosed General Conditions of Contract (GCC), Special Conditions of Contract (SCC), Instructions to Bidders (ITB), Scope of Work, technical specifications etc. to avoid wastage of time and money in seeking clarifications on technical/ commercial aspects of the offer. Bidder may note that no technical and commercial clarifications will be sought for after the receipt of the bids. Bids with any deviation to the bid conditions shall be liable for rejection.

19.2 Notwithstanding to the above, bid with deviation(s) / modifications(s) to the following bid conditions shall be summarily rejected without any post bid reference to the bidders:

(i) Not meeting BEC of Tender. (ii) Non-submission of EMD. (iii) Bids not submitted thru’ e-tendering portal. (iv) Period of Validity of bid. (v) Firm & Fixed Price. (vi) Payment Terms. (vii) Schedule of Rates/Price Bid. (viii) Contract Period / Completion Schedule. (ix) Price Reduction Schedule/Penalty for non-performance. (x) Contract Performance Bank Guarantee. (xi) DLP clause. (xii) Arbitration. (xiii) Force Majeure. (xiv) Applicable Laws. (xv) Special Conditions of Contract & Scope of Work. (xvi) Integrity Pact. (xvii) Any other condition specifically mentioned in the tender document elsewhere that non-compliance of the clause lead to rejection of the bid.

19.3 In case Bidder stipulate deviations, Owner have the right to reject such bid at its absolute discretion without giving any opportunity for such Bidders to make good such deficiency. 20. E-Payment 20.1 GAIL (India) Limited has initiated payments to suppliers and contractors electronically and to facilitate the payments 31

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA electronically through RTGS & NEFT, the bidder should have an account with any Bank so that the payment through e- banking be made to the bidder, in case work is awarded to him. Further, the bidder should give the details of his bank account in any bank to facilitate payment through e-banking in case of award of work.

D. Submission of Bids 21. Marking of Bids Please refer IFB. 22. Deadline for 22.1 The Bid complete in all respect must be submitted on GAIL e- Submission of portal within due date and time, as after the cut-off time system Bids will not allow to submit the bid.

22.2 GAIL may, in exceptional circumstances and at its discretion, on giving reasonable notice by fax or any written communication to all prospective bidders who have been informed through e-mail for participation, extend the deadline for submission of bids, in which case all rights and obligations of GAIL and the bidders, previously subject to the original deadline will thereafter be subject to the deadline as extended. Further, intimation for extension of bid due date shall be hosted on e-tender site. 23. Late Bids 23.1 System does not allow for submission / receipt of bids beyond the deadline for bid submission. 24. Modification and 24.1 The bidder may modify his bid after the bid submission but Withdrawal of before the deadline for bid submission. Bids 24.2 After error-free successful submission of bid, system will generate/pop a message of status of successful submission of bid. If bidder is changing/editing his bid and not able to re- submit the same, previous version of saved bid will be treated as final. No bid shall be modified after the deadline for submission of bids. 24.3 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. Withdrawal of a bid during this interval shall result in the bidder’s forfeiture of his bid security pursuant to Sub- Clause 16.7.

24.4 DEBARRING AN “ERRANT” BIDDER(S) FROM TENDERING PROCESS:

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

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.

E. Bid Opening and Evaluation

25. Bid Opening 25.1 Un-priced Techno-Commercial Bid Opening :

25.1.1 GAIL will open un-priced part of bids including withdrawals and modifications made pursuant to Clause 24 of ITB in the presence of bidder’s designated representatives, at date and time as stipulated in IFB at venue specified. The bidder’s representatives who are present shall sign bid-opening statement evidencing their attendance.

25.2 Priced Bid Opening:

25.2.1 GAIL will open the price bids of those bidders who meet the qualification requirement and whose bid is determined to be technically and commercially responsive. Bidders selected for opening of their price bids shall be informed about the date of price bid opening. Bidders may depute their authorized representative to attend the opening. The bidders’ representatives, who are present, shall sign a register evidencing their attendance.

Representative of bidder shall require to make Visitor Pass before entering to GAIL’s premise, for which valid Photo ID is essentially required. 26. Process to be 26.1 Information relating to the examination, clarification, Confidential evaluation, and comparison of bids, and recommendations for the award of a contract, shall not be disclosed to bidders or any other persons officially not concerned with such process. Any effort by a bidder to influence the Employer’s processing of bids or award decisions may result in the rejection of the bidder’s bid and GAIL may initiate action against such bidders as deemed fit including putting them on “Holiday List”. 27. Contacting the 27.1 From the time of bid opening to the time of Contract award, if Employer any bidder wishes to contact the Employer on any matter related to the bid, it should do so in writing. 27.2 Any effort by the bidder to influence the Employer in the Employer’s bid evaluation, bid comparison, or Contract award decisions may result in the rejection of the bidder’s bid. 28. Examination of 28.1 Prior to the detailed evaluation of bids, the Employer will bids and determine whether each bid

Determination of a. meets the Bid Evaluation Criteria; Responsiveness b. has been properly signed; c. is accompanied by the required securities; d. is substantially responsive to the requirements of the bidding documents; and e. provides any clarification and/or substantiation that the 33

28.2 A substantially responsive bid is one which conforms to all the terms, conditions and specifications of the bidding documents without material deviations or reservations. A material deviation or reservation is one

(a) that affects in any substantial way the scope, quality, or performance of the service;

(b) that limits in any substantial way, inconsistent with the bidding documents, the Employer’s rights or the bidder’s obligations under the contract; or

(c) Whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids.

28.3 If a bid is not substantially responsive, it will be rejected by the Employer and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

28.4 Bidders, if so desire(s), may seek in writing the reasons for rejection of their bid, to which GAIL shall respond quickly. 29. Correction of 29.1 Bids determined to be substantially responsive will be checked Errors by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows :

(a) Where there is a discrepancy between the unit rate and the total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern.

29.2 In case it is observed that any bidder has not quoted for any item in the Schedule of Rates (such unquoted item not being in large numbers), the quoted price for the purpose of evaluation shall be considered as the maximum rate quoted by the remaining bidders for such items. If after evaluation, such bidder is found to be the lowest evaluated bidder, the rates for the missing item shall be considered as included in quoted bid price. If the estimated price impact of the unquoted items is more that 10% of the bidder’s quoted price, the above provision shall not be applicable and such bid shall be rejected.

29.3 The amount stated in the bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the bidder, shall be considered as binding upon the bidder. If the bidder does not accept the corrected amount of bid, its bid will be rejected, and the bid security shall be forfeited. 30. Evaluation and Comparison of 30.1 The evaluation and comparison of bids will be done on Overall Bids L-1 Basis including service tax after deducting the CENVAT benefit to be passed by the bidder i.e. on NETT of CENVAT 34

30.2 In case of tie of overall L-1 price between more than one bidders, the bidder having highest turnover in financial year 2013-14 shall be awarded the job.

30.3 Bidders are required to quote for complete scope of works/services. If any bidder quotes for part scope/quantity, their bid shall be considered incomplete and shall not be evaluated.

30.4 PURCHASE PREFERENCE TO MSEs:

Following provision has been incorporated in tender for MSEs, 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 Micro and Small Enterprises (MSEs) provided the firms are registered for the items, they intend to quote and subject to their enclosing with their bid. 30.4.1 Issue of Tender Documents (in case of Open Tenders) to MSEs free of cost.

30.4.2 Exemption to MSEs from payment of EMD/Bid Security. 30.4.3 As tendered item is non-splitable or non-dividable, MSE quoting price within price band L1 (other than MSE) + 15%, may be awarded for full/complete value of supplies/contract subject to matching of L1 price.

30.5 Clause Deleted

30.6 The MSE’s owned by SC/ST entrepreneurs shall mean:

(i) In case of Proprietary MSE, Proprietor(s) shall be SC/ST. (ii) In case of Partnership MSE, the SC/ST partners shall be holding at least 51% share in the unit. (iii) 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.

30.7 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:

(i) Documentary evidence that the bidder is a Micro or Small Enterprises 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.

(ii) If the MSE is owned by SC/ST Entrepreneurs, the bidder

The above documents submitted by the bidder shall be duly certified by the Statutory Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) where audited accounts are not mandatory as per law.

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.

30.8 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 of the purchasing authority/Engineer-in-charge, 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.

F. Award of Contract

31. Award 31.1 Subject to Clause 28, GAIL will award the contract to the successful bidder whose bid has been determined to be substantially responsive and has been determined as the lowest as per evaluation methodology described at clause 30, is determined to be qualified to satisfactorily perform the contract. 32. Employer’s Right to 32.1 GAIL reserves the right to accept or reject any bid, Accept Any Bid and to and to annul the bidding process and reject all bids, Reject Any or 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 GAIL’S ACTION. 33. Notification of Award 33.1 Prior to the expiration of period of bid validity GAIL will notify the successful bidder in writing by fax, cable or telex to be confirmed in writing, that his bid has been accepted. The notification of award / Fax of Acceptance will constitute the formation of the Contract.

33.2 The notification of award will constitute the 36

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA formation of a Contract, until the Contract has been affected pursuant to signing of Contract as per Clause 34 of ITB.

Upon the successful bidder’s furnishing of contract performance security, pursuant to Clause 35 of ITB, GAIL will promptly notify each unsuccessful bidder and will discharge his bid security, pursuant to Clause 16 of ITB. 34. Signing of Agreement 34.1 GAIL will award the Contract to the successful bidder, who, within 15 days of receipt of the same, shall sign and return the acceptance copy to GAIL.

34.2 The successful bidder shall be required to execute an AGREEMENT in the Performa given in of this standard bidding document on non-judicial paper of appropriate value (the cost of stamp paper shall be borne by the Contractor), within 15 days of the receipt by him of the Notification of Acceptance of Tender. In the event of failure on the part of the successful bidder to sign the AGREEMENT within the above stipulated period, the Bid Security shall be forfeited and the acceptance of the tender shall be considered as cancelled. In such case, Employer may carry-out this job on risk & cost of Contractor, as per provisions of GCC. 35. Contract Performance 35.1 The CONTRACTOR shall furnish to the Security EMPLOYER, within 30 (thirty) days from the date of notification of award, a security in the sum of 7.50% of the Annualized contract / order value (exclusive of Service Tax) of the tender or the actual value of work to be done whichever is applicable due to any additional work or any other reasons, in the form of a Bank draft/Banker’s Cheque or Bank Guarantee or irrevocable Letter of credit (as per proforma enclosed) as Contract Performance Security with the EMPLOYER which will be refunded after the expiry of DEFECTS LIABILITY PERIOD. The SD will be valid for the period of contract + 90 days beyond the contract period/duration and applicable Warranty/Guarantee/Defect Liability Period (if any).

35.2 The contract performance security shall be for above mentioned amount excluding taxes and duties towards faithful performance of the contractual obligations and performance of equipment. This Bank Guarantee/DD shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign 37

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA bank. However, in case of bank guarantees from banks other than the Nationalized Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. This bank guarantee shall be valid for a period as stated in Article-24 of General Conditions of The Contract.

35.3 Failure of the successful bidder to comply with the requirements of this article shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security. 36. Corrupt or A Definitions: Fraudulent Practices 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

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA 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/ iesand 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.

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

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA 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 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.

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

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA 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

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 The suspension order shall also be hosted on GAIL’s intranet and a copy will be forwarded to all OICs/ HODs by Corporate C&P Department. 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

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.2.6 The process for putting the agency on suspension list shall be completed within 7 days from the date of receipt of such intimation from Corporate Vigilance Department for cases mentioned at sl. no. (i) and (ii) of clause no. D.1 and within 30 days from the date of recommendation by site committee for cases mentioned at sl. no. (iii) of clause no. D.1.

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.

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/

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA 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. 37. Waiver or transfer of The successful bidder shall not waive the Agreement or the Agreement transfer it to third parties, whether in part or in whole, nor waive any interest that is included in the Agreement without the prior written permission of the Owner. 38 Integrity Pact 38.1 The successful bidder shall be required to sign the integrity pact (as per the draft enclosed in the tender document) failing which their bid shall be liable for rejection. The “Principal” means “GAIL (INDIA) LIMITED” and “Counterparty” means “Vendor / Supplier / Contractor”. 38.2 COMMITMENTS AND OBLIGATIONS OF THE “COUNTERPARTY” 44

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA a) The Counterparty, directly or indirectly (through agent, consultant, advisor, etc.), shall not pay any bribe / influence or give undue / unlawful benefit to anyone to gain undue advantage in dealing with GAIL. b) The Counterparty will not engage in collusion of any kind including price fixation etc. with other Counterparts. c) The Counterparty will not pass GAIL’s confidential information to any third party unless specifically authorized by GAIL in writing. d) The Counterparties shall promote and observe best ethical practices within their respective organizations. e) The Counterparty shall inform the Independent External Monitor. i) If it received any demand, directly or indirectly, for a bribe / favor or any illegal gratification / payment / benefit; ii) If it comes to know of any unethical or illegal payment / benefit; iii) If it makes any payment to any GAIL associate. IV) The Counterparty shall not make any false or misleading allegations against GAIL or its associates. 38.3 VIOLATIONS & CONSEQUENCES: i) If a Counterparty commits a violation of its Commitments and Obligations under the Integrity Pact programmed ring bidding process, their entire Earnest Money Deposit / Bid Security, would be forfeited and in addition, they may be blacklisted form the GAIL business in future. ii) In case of violation of the Integrity pact by Counterparty after award of the Contract, GAIL shall be entitled to terminate the Contract. GAIL would forfeit the security deposits, encash the bank guarantee(s) and other payments payable to Counterparty in such cases. iii) Subject to satisfaction of the Independent External Monitor, GAIL may ban / blacklist / put on holiday and exclude the Counterparty from future dealings until GAIL is satisfied that the Counterparty shall not commit any such violation in future. iv) In addition, of above, GAIL reserves its right to initiate criminal proceedings against the violating Counterparty, if the allegations by Counterparty are found frivolous, untrue and misleading and may impose exemplary cost for the same. v) The Counterparty will be entitled to claim as

38.4 INDEPENDENT EXTERNAL MONITORS (IEMS) The following Independent External Monitor(s) (IEM) have been appointed by GAIL, in terms of Integrity Pact (IP) which form part of GAIL Tenders / Contracts:

i) Shri V. K. Gupta (email id: [email protected] ) ii) Shri Naresh Narad (email id: [email protected] ) iii) Shri Anil Kumar (email id: [email protected])

This panel is authorized to examine / consider all references made to it under this tender. The bidder(s), in case of any dispute(s) / complaint(s) pertaining to this tender may raise the issue either with the designated Tender Issuing Officer in GAIL or directly with the IEMs on the panel c/o Chief Vigilance Officer, GAIL (India) Limited, GAIL Bhawan, 16, Bhikaji Cama Place, R.K. Puram, New Delhi – 110 066. 39 AHR items : In items rate contract where the quoted rates for the items exceed 50% of the estimated rates, such items will be considered as Abnormally High Rated Items (AHR) and payment of AHR items beyond the SOR stipulated quantities shall be made at the least of the following rates:

(I) Rates as per SOR, quoted by the contractor. (II) Rate of the item, which shall be derived as follows:

a) Based on rates of machine and labor as available from the contract (which includes contractor's supervision, profit, overheads and other expenses).

b) In case rates are not available in the contract, rates will be calculated based on prevailing market rates of machine, material and labor plus 15 % to cover contractor's supervision profit, overhead & other expenses. 40 : ROAD PERMIT: Road permit is required for transportation of machinery / tools & tackles required (if any) for execution of the work at GAIL, Pata. Since, such material(s) are required to returned back after execution of service, under such circumstance, Road Permit will not be provided by

GAIL shall not provide the Road Permit for material supplied during the execution of Contract.

There is a provision to get the Form 39 under rule 57(1) of UP Vat rules 2008 for which Contractor may approach to Sale tax Auraiya/ Commercial tax office Auraiya along with necessary document(s) as per prevailing rule. In case of successful bidder, performance of PERFORMANCE Contractor/Supplier shall be evaluated with respect to 41 RATING & reliability on performance (viz., acceptance of Work EVALUATION: Order, timely submission of PBG & Agreement, test certificate & other documents required during billing, attending complaints/ after sales/ services/ response to purchaser’s correspondence etc.) within specified time limit, delivery/completion performance and quality performance (viz., rejection/defects/quantity failed/ deviation to specifications/scope of supply/work etc.).

Based on evaluated index of Contractor/ Supplier, GAIL may decide whether the Contractor/ Supplier is to be considered for future tendering /blacklisting/holiday etc.

Detailed guidelines in this matter are available with purchase officer. If required, bidder(s) may obtain the same against written request. If, against an order placed by GAIL, successful bidder(s) 42 PUBLIC (other than Micro/Small Enterprise) is procuring material PROCUREMENT /services from their sub-vendor who is a Micro or Small POLICY FOR Enterprise registered with District Industries Centre or MICRO & Khadi and Village Industries Commission or Khadi and SMALL Village Industries Board or Coir Board or National Small ENTERPRISES Scale 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 of the purchasing authority /Engineer-in-charge, the details like Name, Registration No, Address and 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. 43 SETTLEMENT OF In the event of any dispute or difference relating to the COMMERCIAL interpretation and application of the provisions of the DISPUTES contracts, such dispute or difference shall be referred by BETWEEN PUBLIC either party for Arbitration to the sole Arbitrator in the SECTOR Department of Public Enterprises to be nominated by the ENTERPRISE(S) Secretary to the Government of India in-charge of the INTER-SE AND Department of Public Enterprises. The Arbitration and PUBLIC SECTOR Conciliation Act, 1996 shall not be applicable to ENTERPRISE(S) arbitrator under this clause. The award of the Arbitrator 47

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA AND GOVERNMENT shall be binding upon the parties to the dispute, provided, DEPARTMENT(S) however, any party aggrieved by such award may make a THROUGH further reference for setting aside or revision of the award PERMANENT to the Law Secretary, Department of Legal Affairs, MACHINERY OF Ministry of Law & Justice, Government of India. Upon ARBITRATION such reference the dispute shall be decided by the Law (PMA) IN THE Secretary or the Special Secretary / Additional Secretary, DEPARTMENT OF when so authorized by the Law Secretary, whose PUBLIC decision shall bind the Parties finally and conclusively. ENTERPRISES The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

SECTION – IV

SPECIAL CONDITIONS OF CONTRACT &

SCOPE OF WORK

The Special Condition of Contract shall be read in conjunction with the General Conditions of Contract, Schedule of rates, Details, and any other documents forming part of contract, wherever the context so requires.

1. INTRODUCTION

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 10.0 Kilometers from Phaphund Railway Station. GAIL, Pata Unit is engaged in the production of LLDPE / HDPE / LPG from natural gas which is being transported through the underground pipeline network of GAIL from Mumbai Highway. GAIL is one of the prestigious Maharatana Enterprises and ranks among top ten companies in India. GAIL, Pata Unit has captive generation of power through Steam Turbine Generators of 25.5 and 15.6 MW Units. It has approximately 1800 Nos. of motors of wide range sizes and types, small and big including HT and LT motors. Highest rating of motor installed in this plant is 3.2 MW Extruder Motor. Since this plant handles and processes highly inflammable and sensitive organic chemicals, the nature of equipment’s varies from simple to highly complex. Total plant is divided into four major Units i.e., Upstream (Gas Processing Unit and Gas Cracker Unit), Downstream (Linearly Low Density Poly- Ethylene Unit & High Density Poly-Ethylene Unit), Integrated Off-site Plants and LPG Recovery Unit.

2. SITE LOCATION

 Nearest Airport and Distance : Lucknow / 220 Km.  Railway station and Distance : Phaphund/10 Km.  Highway and Distance : NH-2/23 Km.  Important Town and Distance : Auraiya/ 23 Km.

3. PERIOD OF CONTRACT:

Period of contract shall be 24 (twenty four) months reckoned from the date Fax of Acceptance (FOA)/Letter of Award (LOA) or the date 12.08.2015 whichever is later . The Contract may further be extended for a period of maximum six months or part thereof on same rates, terms and conditions at the sole discretion of GAIL. 4. MOBILIZATION PERIOD

Mobilization period of 15 days shall be permissible for the start and execution of the contract with effect from the Fax of Acceptance (FOA)/Letter of Award (LOA) or 12.08.2015, whichever is later, and the following documents have to be submitted before starting the contract- (i) The contract agreement along with Insurance policy of deputed contract employees. (ii) The essential Qualification and experience certificate of deputed contract employees, (iii) All required documents have to be submitted for Gate Pass. (iv) The contractor shall mobilize his crew, tools & tacks, materials, equipment, etc. which have been mentioned below for undertaking the contractual obligation at the commencement of the contract within 15 days from the date of Fax of Acceptance (FOA)/Letter of Award (LOA) or 12.08.2015, whichever is later. (v) The services can be requisitioned any time round the clock as and when desired by the Site-In- charge. Any delay in mobilization shall attract penalty as per Tender conditions.

5.1 Substation # 11, Gas Cracker Unit, Gas Processing Unit, MCS unit etc. 5.2 Substation # 8, LPG unit area, LPG loading area, LPG storage area, LPG cooling tower area, etc. 5.3 SB#2, SB#4, GCU/GPU control room, LPG Control room, Loading C/R, Marketing Building, LPG Gate, associated field offices and bunk houses etc. 5.4 In addition to above areas, if required and instructed by EIC, contractor has to work in other areas of GAIL Pata plant also.

6. SCOPE OF WORK- Scope of work shall consist of following:

The scope of work includes but not limited to the maintenance of plant’s electrical equipment & light system installed in different areas of Upstream plants like GCU,MCS, GPU, LPG, Loading area etc. & all service buildings related to Upstream plant as per the details given in below mentioned Annexure–A1, A2, A3 & A4

6.1 SCOPE OF WORK FOR LIGHTING MAINTENANCE (SOR NO-A1): a) Replacement of incandescent lamps /HPMV lamps/HPSV lamps/Fluorescent tubes, of various ratings or any of its part / accessories of complete fitting of industrial, increased safety, FLP or decorative type lighting fixtures up to all the heights available in the plant. This includes removing, re-fixing, disconnection and connection of complete fitting or part thereof for its repair/maintenance and fault finding etc. b) Cleaning of all types of lighting fixtures including reflectors / diffusers /lamps protective glass covers / wire guards etc., repair of switch, socket, MCBs, all type of junction boxes, fuse boxes, replacement of fuse / fuse base /fuse carrier etc. c) Fault finding and repair of lighting / power circuits including repair/ replacement of sockets, MCBs, all types of junction boxes, fuse boxes, replacement of fuse/fuse base /fuse carriers of various types of ratings. d) Fault finding and repair of PVC wiring of size 1.5 to 10 sq mm in concealed or surface conduit including earthing if required, termination, connection in the light fitting, LDBs etc. e) Maintenance of the lighting panels / power panels having TPN isolator as incomer and MCBs of 10/16/32 amp for outgoing feeders, MDBs, LDBs of various ratings, Flameproof/ increased safety junction boxes. f) Replacing / removing burnt wires / cables, cable lugs overheated terminations, burnt terminal blocks, of all sizes reglanding of existing cable wherever required after cutting and removing the burnt out connections etc. this is applicable to all lighting and power circuits or its part coming under the scope of the contractor. g) Rectification of faults in LDBs (SPN/TPN) of all ratings including tightening of all connections, including cleaning etc. as per the direction of EIC. h) Rectification of faults in light point, fixture including replacement of holder, bracket, shade, switch and their rectification etc. wherever required.

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA i) Rectification of fault in feeder pillars for service lines including connections of all incoming and outgoing cables / replacement of damaged burnt kit kat or neutral link, complete rectification as required. j) Cleaning/repairing or replacement of exhaust /ceiling/wall mounting fans up to 56” sweep and its switches, regulators in the process and non-process buildings, plant area, office buildings etc. this includes its general cleaning, greasing, removal, fixing connection and disconnection for the repair work. k) Providing temporary 1phase/3 phase connections to portable electrical equipment’s in the plant. This includes FLP and non FLP type equipment’s / extension boards. l) Rectification of faults in fan point wiring including tightening of connection, replacement of switch, regulator and selector for speed variation etc. m) Any other left out jobs required to be carried out during day to day lighting maintenance as per the directions of EIC.

6.2 SCOPE OF WORK FOR ELECTRICAL REPAIR AND MAINTENANCE OF HT/LT SWITCHGEARS (SOR NO-A2):

Following jobs shall be executed as per the direction of EIC in the above scope of work: a) Taking out and putting in HT/LT Breakers and switch fuse units for maintenance. b) Preventive & Breakdown maintenance of all types of HT/LT switchgears such as HT board, PCC panel, MCC panels, ASB panels, PDB, LDB, VSD panels etc. c) Preventive & Breakdown maintenance of all types of HT/LT motors, HT/LT transformers, capacitor banks, Battery chargers, Batteries, VSDs, MOVs, controllers, heat tracing system etc & all other related electrical system not mentioned above. d) Connection and disconnection of power and control cables including glanding & deglanding. e) Lugging of power & control cables and its terminations if required. f) Arresting of oil leakage in the transformers, cleaning and attending breakdowns in the transformers & capacitor banks. g) Any other left out jobs required to be carried out during day to day electrical maintenance as per the directions of EIC.

6.3 SCOPE OF WORK FOR BATTERY MAINTENANCE (SOR NO-A3):

Following jobs are to be attended by the contractor for Battery maintenance: a) Measurement and recording of specific gravity, voltage per cell, electrolyte level etc. b) Maintenance of cells including battery stand: General cleaning, repair of battery stand as per the direction of EIC, topping up of cells electrolyte, tightening of cell terminals, cleaning of caps and level indicators.

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA c) Discharging / Boost charging of cells including hourly recording of specific gravity and voltage per cell during the process as per the direction of EIC. d) Replacement of cell container /electrolyte including dismantling and reinstallation: discharging of cell, draining and refilling of electrolyte, charging and recording of all parameters at an hourly interval. e) Commissioning of new cell including dismantling of old cell and installation of new cell: Providing commissioning charge, capacity test, recharging and recording of all the parameters at an hourly interval. f) Any other left out jobs required to be carried out during day to day battery maintenance as per the directions of EIC.

6.4 SCOPE OF WORK FOR HIGHLY SKILLED JOBs/ SUPERVISOR (SOR NO-A4):

Highly skilled jobs are to be attended by the High skilled Technician/ Supervisor for maintenance & health monitoring of UPS, Charger, D.G., MOV, EOT cranes, Critical Equipment’s, etc. of electrical system. Contractor shall have to carry out above jobs at different locations of UP STREAM plants like GCU, MCS, GPU, LPG, LOADING AREA, etc. In addition to above jobs, Supervisor has to perform jobs as per the responsibility defined on Section 10 of SCC

6.5 SCOPE OF WORK FOR PROVIDING ROUND THE CLOCK ASSISATANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEMS AT UPSTREAM (GPU, GCU AND LPG), AT GAIL PATA (SOR NO-A5 & A6). Providing assistance in operation & health monitoring of electrical system & providing of first aid assistance for breakdown and emergency maintenance jobs on electrical equipment’s as mentioned in schedule of rates of the contract, the assistance is to be provided by experienced and qualified contractor’s representatives having at least ITI qualification in electrical. However if the EIC finds any of the contractor’s representative not performing up to the mark or does not have the aptitude and attitude of working in a hazardous plant like Petrochemical Plant, they have to be suitably replaced. The assistance is required by way of performing maintenance on electrical equiptments in case of breakdown or emergency to keep plant running. Assistance is also required to keep or bring any electrical equipment in running condition as required by EIC, to avoid any safety, environmental & health hazard to plants & personnel working in and around the plant. Jobs to be done as per manufacturer relevant standard, OISD code or good engineering practice. The assistance may also be required for lifting & Shifting of the material / equipment from units to workshop and vice versa. Assistance may further be required to monitor various parameters of equipment to facilitate predictive maintenance activities. The contractor has to depute number of personnel mentioned in the schedule of rates round the clock in three shifts. The detail scope of works as follow but not limited to- a) Providing immediate assistance in attending breakdown job as and when required throughout the year. This job shall include taking out and putting in of HT & LT circuit breaker & switch fuse units, breakdown maintenance on all types of HT & LT panels, connection, disconnection including glanding & de-glanding & lugging of power & control cables, Motor terminal box opening & checking by Megger, multimeter etc. b) To attend breakdown maintenance of UPS, battery charger, batteries including replacement of battery links, connection disconnection of cells & cables etc. as and when required. c) To attend breakdown jobs on heat tracing system as and when required.

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA d) Providing of temporary floodlights, hand lamps, connections to welding machine, grinder or any electrical equipment. e) Monitoring of various parameters as and when required such as current, voltage, KW/KWH, power factor etc. at all the substation (i.e. GPU, GCU AT SS#11 AND LPG AT SS#08) f) Checking of all electrical equipment’s on periodical basis to maintain utmost safe & healthy condition of equipment and environment in the plant. Any abnormality observed must be attended immediately. g) Contractor has to carry out breakdown maintenance at any location within the petrochemical Plant as per instruction of EIC. However ‘Generally’ the team for providing assistance for S/S # 11, GPC/GCU AND SS#08 LPG the team will be based at S/S # 11 and will receive instructions from S/S # 11 Engineer in-charge. h) List of equipment’s, on which breakdown maintenance & monitoring is required to be done, is mentioned below. i) Based on job requirement contractor has to quote separately for all the items as mentioned in SOR. j) Scope of work can be reduced at any time by off-loading or removing one or more groups from the SOR as per site requirement with notice period of 7days. k) As per SOR Item no. A5 &A6 the contractor has to provide man days for 365 days @ 12 man days per day (1 Man day = one person for 8 hours in a shift). In addition to above, contractor has also to provide extra man hours as per SOR item No A7 & A8 to meet emergent situations. 6.6 SCOPE OF WORK FOR SUPPLY OF SKILLED AND SEMI SKILLED MANPOWER (SOR NO- A7&A8): Supply of skilled/ semiskilled manpower to meet emergent situation & for carrying out any unforeseen/ contingent nature job / shutdown not covered under above items. This will be purely on call basis and as when required basis. 7.6 SCOPE OF WORK FOR SUPPLY OF GENERAL PURPOSE TOOLS & TACLES FOR AMC : The contractor has to supply of below mentioned General purpose tools & tacles for carrying out the jobs within 30 days from date of FOA/LOA or 15.08.2015 whichever is later . In case contractor fails to provide of these General purpose tools & tacles. GAIL will purchase the same at contractors risk & cost. In addition to actual procurement cost, overhead surcharge as applicable for GAIL shall be charges to contractor. The total amount of procurement cost shall be deducted from the RA Bill of contractor 1st and 2nd.The responsibility of safe handling / storage of General purpose tools & tacles lies with contractor. In case of any deviation in the below mentioned makes / model, approval of EIC is required.

Sr. No. DESCRIPTION Unit Supply Qty. 1 Insulated Combination Pliers, Make-Taparia / EA Jhalani/Everest 23 2 Insulated Nose Pliers, Make-Taparia/ Jhalani/Everest EA 23 3 Insulated screw driver set 4” TO 12” Make-Taparia/ SET Jhalani/Everest 23 4 Insulation Cutter Pliers, Make-Taparia/Jhalani/Everest EA 23 5 Line Tester, 500 Volt, Make-Taparia/ Jhalani/Everest EA 23 7 Crimping Tools 2.5 Sq. mm. to 16 Sq.mm Make EA Jainson 23

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA 8 ALLEN KEY SETS, 1mm to 18 mm, Make-Taparia/….. EA 23 9 OPEN OR D-SPANNER SET, 6” TO 32” Make- SET Taparia/ Jhalani/Everest 23 10 RING SPANNER SET, 6” TO 32” Make-Taparia/ SET Jhalani/Everest 23 12 PIPE WRENCH 12” Make-Taparia/ EA Jhalani/Everest 23 13 Center, Punch Make Taparia/ Jhalani/Everest EA 23 14 Knife, Make-Taparia/ Jhalani/Everest EA 23 15 Mini Hexa, Make Taparia/ Jhalani/Everest EA 23 16 Monkey Plier, Make-Taparia/ Jhalani/Everest EA 23 17 Adjustable Spanner -12” Make-Taparia/ Jhalani/Everest EA 23 18 Heavy duty tool bag for carry the tools EA 23 19 Heavy duty tool box with lock EA 23

*Remarks- Suitable Lockers is to be provided by contractor to each of his employees for storage of above tools & tackles.

7.7 DETAILS OF LIGHTING FIXTURES, BATTERY BANKS & ELECTRICAL EQUIPMENTS INSTALLED IN UPSTREAM AREA BUT NOT LIMITED TO:- ANNEXURE-A1 LIGHTING FIXTURE DETAIL IN NON PLANT AREA OF U/S PLANT (APPROX.)

MISCELLENEOUS BUILDINGS / S.N FITTING TYPE SERVICE BUILDINGS

1 9W,230V 5 2 11W, 230V 15 3 23W, 230 V 15 4 36W 10 5 18/14W,230V 10 6 2X40/28W TUBE LIGHT 400 7 1X40/28W TUBE LIGHT 60 Total 315

ANNEXURE-A2 LIGHTING FIXTURE DETAILS IN U/S PLANT AT GAIL, PATA (APPROX.)

LPG PLANT & S.N FITTING TYPE GPU/GCU LOADING AREA

1 200W GLS, 230V 100 30

3 80 W, HPMV,230V 1800 350

4 125W, HPMV, 230V 590 100

5 250W, HPMV, 230V 60 30

6 400W, HPMV, 230V 40 10

7 2X40/28W TUBELIGHT, 230V 750 150

TOTAL 3375 685

ANNEXURE A3

DETAILS OF BATTERY BANKS IN U/S PLANT AT GAIL PATA

No. of Capacity No. of Cells / S.N LOCATION MAKE Battery TOTAL (AH) Battery Bank Bank SS#11 1 AMCOSAFT 170 281 1 281 UPS-710 SS#11 2 AMCOSHAFT 315 292 1 292 UPS-708 SS#11 3 Exide 400 180 1 180 UPS-709 SS#11 Station 4 HBL 650 105 1 105 Battery 5 SS#11 GT-1 Kirloskar 400 63 1 63 6 SS#11 GT-2 Kirloskar 400 63 1 63 SS#11 DG 7 HBL 60 55 1 55 control charger SS#11 DG 8 Exide 450 12 2 24 cranking 9 SS#8- UPS Exide 250 192 1 108 SS#8 – Station 10 Exide 250 108 1 108 battery SS#8 11 HBL 120 179 1 179 Automation 12 SS#8 DG AMCO 120 19 1 19

ANNEXURE–A4

DETAILS OF ELECTRICAL EQUIPMENT INSTALLED IN U/S PLANT (APPROX) AT GAIL, PATA-

S. N. EQUIPMENT QTY. 1 TRANSFORMERS 1.1 6.6 KV/ 0.415 KV 1.1.1 RANGING FROM 1000KVA TO 2000KVA 6 Nos. 1.2 LIGHTING TRANSFORMER 415/415V 5 Nos. 2 CAPACITOR BANK 2 Nos. HT SWITCHBOARD CONSISTING OF INCOMING AND OUTGOING 3 HT SWITCH GEAR 3.1 6.6 KV 2 Nos. LT SWITCHBOARD CONSISTING OF INCOMING 3.2 20 Nos. AND OUTGOING LT BREAKERS AND SFUS ETC. 4 VSD PANELS 1 No. 5 BATTERY CHARGER 7 Nos. 6 D G SET 6.1 1000 KVA 1 No. 6.2 250 KVA 2 No. 7 BATTERY BANK 12 Nos. 8 MOV 120 Nos. 9 EOT 4 10 HT / LT Motors 450

8. APPLICABLE CODES AND SPECIFICATIONS: a. The job shall conform to the Indian Electricity Rules 1956, India Electricity (supply act, Calculations for electrical buildings 1959 of Insurance Association of Indian electricity act, Relevant Indian standard specifications code of practice as modified upto date and CPWD specifications as applicable. b. Any other standard not mentioned above but otherwise considered necessary for the satisfactory performance of the job shall also be applicable. c. For smooth execution of the services contracted out herein it is expected that the contractor will deploy qualified and experienced personnel who also meets the statutory requirements. d. The contractor will also be required to take repair work according to the priorities fixed by EIC from time to time.

9.0 UTILITY SUPPLY BY GAIL (POWER, WATER, AIR ETC.) GAIL will provide free water, steam, air and electricity at suitable points, if required, for undertaking the job.

The contractor firm shall deploy a supervisor with full authority by vendor who shall supervise and coordinate the jobs envisaged here, receive instructions, corresponding letters, etc. from Engineer- In-Charge and ensure satisfactory performance of services. The major responsibilities of supervisor shall be as follows:- a. Reporting to EIC in General shift at 09:15 Hrs on all working days. b. Supervision of all maintenance jobs carried out by contract workers. c. Marking attendance of all workers on daily basis and submission of attendance report to EIC on daily basis. d. Allocation of manpower for the jobs identified on daily basis. e. Follow up job for issuance of work permit. f. Arrangement of gate passes in time for all contract workers. g. Arrangement of resources and follow up for issuance of material from C&P store. h. Submission of computerized annual wage sheet chart, attendance chart etc or any other such report as desired by EIC from time to time. i. Arrangement of manpower during emergencies or for extra jobs. j. Any other duty for smooth operation of contract as per instruction of EIC.

11. SAFETY OF CONTRACTUAL DEPUTED MANPOWER: Contractor shall provide safety gears such as Helmet, Safety shoes, Cotton Uniform (Dangri) etc. Contractor shall provide two sets of Cotton Uniform, Two pair cotton socks and one pair Safety shoes per person every year to all his employees at his own cost during the contract. No technician, helper will be allowed on duty without wearing the uniform and necessary safety wears. If contractor fails to provide safety gears, then GAIL shall provide all these items and shall deduct cost of such items from running bills of contractor. However, special safety gears will be provided by GAIL. Contractor will be responsible for accounting of the same. The specification of PPEs is mentioned below for maintaining the quality. Minimum 10Nos of safety belts are to be maintained as per specification mentioned below by the contractor at site.

Sr. No. SPECIFICATION OF SAFETY HELMET

1 Industrial safety helmet manufactured from high quality, high impact, heat & chemical resistant HDPE material designed to take on clip on accessories like face shields, ear defenders and welding visors without the need for drilling on the helmet. This helmet shall be made with or without fluorescent radium pigment so that the helmet glows in the dark. 2 The helmet should be provided with sweat band and synthetic adjustable and removable chin strap. 3 Vendor shall submit the approval certificate of BIS, DGMS & CE along with offer. 4 Manufactures name year of manufacture and BIS, IS, DGMS, mark shall be embossed on the head band on the shell. 5 Marking: The helmet shall be having IS: 2925-1984 mark on the shell and head band and DGMS &CE approval mark on shell.

Sr. No. Specification of Industrial Safety Shoes

1 Light weight high quality industrial safety shoes made from black colour 57

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA mammal leather with grain finish and shall be necessarily either IS marked or ENS approved and confirming to following specifications. 2 TYPE: Safety shoe having four eyelets suitable for use in industries, should be safe, elegant and comfortable in wearing in different sizes. 3 COLLAR: foam padding shall be provided around the collar with high quality filament mat (fiber reinforced thermoplastic resin) for greater comport.

4 STEEL TOE CAP: ISI marked bearing no. IS 5859 or EN 345 mark with finish as per the size of shoe. Certificate shall be sent along with offer.

5 SOLE: Made of black coloured dual density PU (polyurethane) chemical to make shoes, durable, flexible and light in weight. Sole shall be Nonskid antistatic having acid & alkali resistant, shock absorbent, heat resistant, water and oil resistance as per IS / International standard. Certificate must be enclosed in this regard along with offer for technical scrutiny. 6 SOLE FIXING: Direct Injection molding process. 7 MAKE: BATA, Action, Shree Leather and Liberty.

Sr. No. SPECIFICATION OF SAFETY BELT

1 Safety belt Full body harness shall be with double polyamide rope lanyards. 2 Safety full body harness shall be of Polyamide webbing in two colors made of adjustable 45mm + 2mm polyamide shoulder, thigh seat, and chest and waist straps. 3 The safety harness shall be provided with adjustable buckles in high strength zinc plated steel, 2 chest attachment D-Ring and a dorsal attachment D-Rings with ID plates. 4 Minimum 04 nos of safety harness belts to be provided by the contractor within 30 days of the start of the contract. However actual number of harness belts to be provided by the contractor as per site requirement.

Sr. No. SPECIFICATION OF COTTON UNIFORM

1 The cotton uniform and cotton Shocks shall be 100 % pure cotton.

12. PAYMENT OF WAGES TO DEPUTED CONTRACT EMPLOYEES Contractor has to disburse the wages to their employees including supervisor through e- Banking / account payee Cheque within the stipulated time period i.e. latest by 7th of subsequent month, at the rates as per the Minimum Wages Act and as notified by the Regional/ Assistant labour Commissioner (central), Kanpur from time to time and the contractual firm has to be provided lump sum amount Rs 325/- per month for Boarding, lodging and transportation facilities to deputed all contract employees. No extra payment shall be made on this account as the quoted rates deemed to include the same.Contractor shall ensure that all their employees have account in Bank. Contractor has to submit a proof of payment to all his employees along with the RA bill of next month. In case of failure to do so, an amount of Rs. 5,000.00 per month for that particular month shall be deducted from the same RA bills.

13. PAYMENT OF BONUS TO WORKERS : Bonus is to be paid to all contract employees including supervisor every year. A minimum bonus shall be 8.33 percent of the salary or wage earned by the employee during the accounting year or 100/- hundred rupees, whichever is higher, whether or not the employer has any allocable surplus in the accounting year. Applicable bonus is to be disbursement in the month of October every year and final bonus at the end of contract.

14. PAYMENT OF PROVIDEDNT FUND & EMPLOYEE DEPOSIT LINKED INSURANCE (EDLI) TO WORKERS:

The contractor is required to deposit PF contribution @25.61% (12% towards employee’s a/c and 13.61% towards employers account, i.e 12% towards employer contribution and 1.61% as administrative/EDLI contribution) of wages paid to manpower every month to the PF authority. A copy of challan towards PF deposited by the contractor for the previous month shall be submitted in the next month by the contractor. The retained amount shall be released in the subsequent month on receipt of challan towards proof of having deposited the amount to the PF authority.

The successful bidder (contractor) shall ensure payment of at least minimum wages to manpower deployed by them including supervisor during the entire contract period. The quoted rates shall 59

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA include minimum wages payable to manpower including supervisor with provision for escalation ( if any) towards minimum wages, PF Contribution, Supervision, Overheads & profits, provision of safety gears to contract employees, compliance to statutory obligations, bonus etc.

15. INSURANCE COVERAGE OF WORKERS The Contractor/contracting firm shall obtain comprehensive insurance policy under Employees Compensation Act,1923 up to Rs.10.86 lacs per contract worker covering all risks such as accidents, injuries and death likely to be caused to his workers or -to a third person including loss to the properties of Owner /GAIL or to some other agency. The premium amount should be deposited with the insurance agency by the contractor regularly and without any delay, failing which no RA Bill shall be forwarded by EIC for the payment. In case of any accident resulting in injury or death in respect of the personnel deployed by the contractor during the execution of the work, the contractor shall be solely responsible for payment of adequate compensation, insurance amount, etc. to the person injured/next kith and kin of the deceased. Contractor accepting this clause and signing the tender implies that they have indemnified GAIL from such liabilities.

16. DEATH GRATUITY TO THE WORKERS: The Contractor/contracting firm shall keep the provision of Death Gratuity under Gratuity Act,1972. The gratuity amount shall be payable to the contract workers only in case of death or permanent disablement during the currency of the contract as per provisions of payment of gratuity Act,1972 and will be reimbursed to the contractor on submission of copy of proof of disbursement of gratuity to the family members of the deceased contract employee. Nomination form as prescribed under payment of wages Act must be kept on record and should be considered for extending benefit. 17. INDENTITY CARD/ GATE PASS FOR WORKMEN’S Contractor shall arrange to provide identity card /Gate Pass to all deployed personnel by him for entry into the plant premises for safety and identification purpose only. During the police verification of contractual employees all expenses have to be provided by contractor. No extra payment shall be made on this account as the quoted rates deemed to include the same.

18. THE CONTRACTUAL FIRM HAS TO BE MAINTAINED FOLLOWING RESISTERS DURING COTRACT PERIOD:-

(1) FORM VI-A [See rule 25(2) (viii)] Notice of Commencement/Completion of Clerical Work (2) FORM XIII [See rule 75] Register of workmen employed by contractor (3) FORM XIV (See rule 76) Employment Card (4) [FORM XIX [See rule 78 (1)(b)] Wage Slip (5) FORM XVI 1[See rule 78(1) (a) (i)] Muster Roll (6) FORM XVII [See rule 78(1) (a) (i)] Register of Wages (7) FORM XVIII (Contract Labour (Regulation & Abolition) Central Rules [See Rule 78(1) (a) (i)] Form of Register of Wages-cum-Muster Roll (8) FORM XX [See rule 78(1)(a)(i)] Register of Deductions for Damage or Loss (9) [FORM XXI [See rule 78 (1)(a)(ii)] Register of fines

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA (1O) FORM XXII 1[See rule 78 (1) (a)(ii)] Register of Advances (11) FORM XXIII 1[See rule 78 (1)(a)(iii)] Register of overtime (12) FORM XXIV [See Rule (1)] Return to be sent the Contractor to the Licensing Officer

19. MEASUREMENT AND BILLING:

All measurement shall be in metric system (if applicable) Contractor shall submit Running account bill on monthly basis in triplicate as per the schedule of rates and actual measurement in prescribed format with the full details of work for the period of billing.

20. TERMS OF PAYMENT:

Contractor shall submit monthly RA bills in triplicate to the Engineer-in-charge for certification along with relevant documents such as measurement sheets; proof for payment of wages through Banking, wage slip, PF related documents in original, etc. in support of the claims. Payment shall be made by Finance Department, GAIL Pata within 30 days of receipt of bills.

21. PENALTY:

Contractor shall execute the work as per the site requirement and as advised by Engineer-In- Charge. Apart from the Price reduction schedule for the reason mentioned in relevant clause of GCC of the tender document, following penalty shall be imposed on contactor & will be directly deducted from RA bill limited to maximum of 10% (ten percent) of monthly bill.

a. PENALTY FOR NOT PROVIDING MANPOWER/SUPERVISOR ASSISTANCE In case, the required quantity of manpower as per SOR or supervisor is not available on any day, amount equal to 125% of minimum wage per man day, applicable for the particular category of manpower which is absent, shall be deducted from the RA bill.

b. PENALTY FOR NON-PAYMENT OF MINIMUM WAGES.

Penalty of Rs.5000 /day shall be imposed on monthly running bill in any of the following cases: (i) Delay in payment of wages by the stipulated time period i.e. latest by 7th of subsequent month. (ii) Nonpayment of minimum wages to each and every contractor worker within the stipulated time period i.e. latest by 7th of subsequent month at the rates as per the Minimum Wages Act and as notified by the Regional/ Assistant labour Commissioner (central), Kanpur from time to time.

c. PENALTY FOR NOT SUBMITTING FORM 23

Penalty of Rs 10,000.00 per month shall be imposed on monthly running bill if the contractor fails to provide Form 23 latest by July of every year for the previous financial year. However, the contractor has to provide Form 23 immediately after the end of financial year.

d. PENALTY FOR NOT PROVIDING UNIFORM OR SAFETY GEARS. Penalty of Rs 500.00 per day shall be imposed on monthly running bill in each case if the contractor fails to provide either uniform or safety gears to the persons employed by him for this contract.

e. PENALTY FOR NOT PROVIDING GENERAL TOOLS: General tools have to provide each and every skilled and highly skilled technician as per tender. If contractor fails to provide the same within 30 days from the Date of LOA/PO, Penalty of Rs 10000/= per month shall be applicable. 61

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA The period of penalty shall be counted after 30 days from date of LOI / PO till the tools are made available at site.

f. PENALTY FOR DELAY IN MOBILIZATION : In case contractor fails to mobilize the contract within the time period mentioned in contract or intimation of EIC, penalty of ½% of the total Contract Price per complete week of delay or part thereof subject to a maximum of 5 % of the Total Contract Price.

22. SUPPLY OF EXTRA ITEMS GAIL shall provide all necessary spares and consumables for maintenance and operation job..

23. DEFECT LIABILITY PERIOD :

Defect liability period for the contract shall be 6 months, which shall be reckoned from the date of completion of the work. However in case the actual guarantee/warranty of the item /equipment provided by manufacturer exceeds beyond defect liability period, the same shall be pass on to GAIL. During defect liability period contractor stands responsible for rectifying all defects that may appear in the work executed by the contractor in pursuance of the contract and includes warranties against Manufacturing/fabrication defects covering all materials supplied by the contractor, works executed against the defects in the workmanship.

24. OTHER CONDITIONS OF CONTRACT:

(i) No bidder will claim his ignorance regarding terms and conditions. (ii) The bidder should visit the site and get himself acquainted with the operating system and quote accordingly. (iii) The contractor should deploy adequate number of qualified and experienced personnel to discharge the contractual obligations effectively. (iv) GAIL reserves the right to replace any person due to misbehavior or lack of knowledge. Replacement should be done by the contractor within 72 hours of intimation by GAIL. (v) The contractor shall provide safety gears such as Helmets, safety shoes, safety gloves, safety belts, ear plug etc to all his personnel deployed at his own cost. Contractor shall also provide two sets of cotton dangri / uniform to each personnel deployed for the contract at his own cost every year as mentioned in Annexure -5. No personnel will be allowed on duty without wearing all safety gears. However special safety equipment’s shall be supplied by GAIL and Contractor shall be responsible for accounting the same. (vi) Contractor shall be responsible for any loss occurred to GAIL while carrying out the job due to negligence/lack of knowledge etc. Damages if any, to the structures / equipment’s during execution of work will be made good by the contractor without any claim and therefore should take utmost care while working.

(vii) The entire Job shall be carried out in safe manner. Workers engaged in unsafe work shall be removed immediately. Contractor shall comply with all applicable safety laws and he should be conversant with all statutory labour laws and regulations prevailing during the contract and ensure to comply with the same and shall keep the GAIL harmless and indemnified against any action brought against it for any violation and noncompliance of any act etc. Contractor should be registered with labour commissioner and such details to be submitted to GAIL at contractor’s own cost. Failure to comply with statutory regulations would result in quantifiable deduction from running bill and / or cancellation of contract. (viii) Contractor shall be responsible for all acts of their personnel and loss and damage caused to GAIL’s property or to third party in any form due to any act or negligence of his personnel

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA shall be chargeable to their account. If any liability is thrust upon GAIL which is attributable to contractor staff, It will be charged to contractor’s account or recovered from contractor’s bill. (ix) The contractor shall make his own arrangement for removal of old as well as unused material from the work site to the place indicated by EIC, after completion of work. (x) Boarding, lodging and transportation facilities for contractor’s personnel for carrying out the work at site are to be made and born by contractor at his own cost. (xi) The value of work under this contract shall be as per attached Schedule of Quantities. Actual work may vary to any extent plus or minus to the attached Schedule of rate. Minimum value of work is not guaranteed. (xii) Contractor shall solely responsible for payment of minimum wages, workmen insurance, provident fund for the personnel deployed by him for the contract. The contractor shall deploy competent and suitable personnel for carrying out jobs as required under the contract. Contractor shall provide their staff with the appropriate tools / tackles and other resources required for proper execution of the job. (xiii) The terms and conditions mutually agreed upon with respect of this agreement shall be subject to force majure. Neither the contractor nor the company shall be considered in the performance of its obligations hereunder if such performance is prevented or delayed because of epidemic, accidents, fire, wind, flood or because of any law & order proclamation, regulation of ordinance of government or act of god. Should one or both parties be prevented from fulfilling their contractual obligations by state of force majure lasting continuously for a period of one week, the two parties should consult each other regarding future implication of contract.

25. LEGAL AND ADMINISTRATION: (i) The Contractor/contracting firm shall obtain comprehensive insurance policy covering all risks such as accidents, injuries and death likely to be caused to his workers or -to a third person including loss to the properties of Owner /GAIL or to some other agency. The premium amount should be deposited with the insurance agency by the contractor regularly and without any delay. (ii) In case of any accident resulting in injury or death in respect of the personnel deployed by the contractor during the execution of the work, the contractor shall be solely responsible for payment of adequate compensation, insurance amount, etc. to the person injured/next kith and kin of the deceased. Contractor accepting this clause and signing the tender implies that they have indemnified GAIL from such liabilities. (iii) The contractor/contracting firm shall not employ any person suffering from any contagious, loathsome or infectious disease. The contractor/contracting firm shall get examined his employees / workers through a Government Doctor before deployment. (iv) No worker of contractor/contracting firm and contractor himself shall be allowed to consume alcoholic drinks or any narcotics within the plant premises. If found under the influence of above, the contractor/contracting firm shall have to change/replace him, failing which, GAIL may terminate the contract. (v) The contractor/contracting firm shall indemnify GAIL against all claims, demands, actions, cost and charges etc. brought by any Court, Competent Authority / Statutory Authorities against any act or acts of the contractor/contracting firm or his workers. (vi) The contractor/contracting firm shall deploy the workers after verification of their character and antecedents. In case any worker is found having criminal record, he shall have to be immediately replaced without any delay. (vii) The persons to be deployed should be on rolls of the contractor/contracting firm. (viii) The contractor/contracting firm shall issue proper identity cards to all the workers who are to be engaged for the job. The identity cards shall be signed by the contractor or his authorized

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA representative. The contractor/contracting firm shall also be responsible for obtaining the gate passes from CISF in respect of all their personnel. (ix) The supervision of the personnel shall be done by the contractor/contracting firm through their authorized representative and the name of the supervisor shall be invariably intimated to the Engineer-In-Charge at the commencement of contract. (x) The contractor shall be solely responsible for disciplining the personnel deployed by him. Further, he shall ensure that none of his workers create any nuisance or indulge in anti-social and criminal activities during the entire period of contract. In case, anybody is found indulging in such activities, then he will have to be immediately removed without any prejudice to further necessary action as deemed fit. (xi) Subletting of work without prior written permission of GAIL: No contractor/contracting firm shall sublet or assign any work in part or whole to any individual, proprietorship firm, partnership firm, private ltd. company, etc. without prior written permission of GAIL. In case the contractor/contracting firm sublets or assigns the contract in part or whole without the prior written permission of GAIL and any claim preferred by any firm /individual to GAIL stating that the main contractor/contracting firm has not paid his or their dues /payments, then in those circumstances, GAIL shall without assigning any reasons, withhold the payments of contractor/contracting firm the amount equivalent to the claim amount of sub-contractor/contracting firm/individual/ vendor (s) etc. The same shall be released to the contractor/contracting firm after the contractor/contracting firm and labour/supplier/sub-contractor/contracting firm jointly submit a joint written settlement to GAIL. (xii) The contractor/contracting firm shall be required to obtain labour license from Assistant Labour Commissioner (Central), Kanpur if he engages 20 or more workmen/labours. (xiii) The contractor/contracting firm shall pay the wages to the workers latest by 7th of the subsequent month at the rates as per the Minimum Wages Act and as notified by the Regional/Assistant Labour Commissioner (Central), Kanpur from time to time in the presence of authorized representative of the principal employer i.e. Engineer incharge.The Engineer In charge shall ensure that the contractor/contracting firm is making payment of wages to its labours not less than the wages notified by the appropriate authority from time to time. (xiv) The contractor/contracting firm shall have a separate Provident Fund Code allotted in his name by the Regional Provident Fund Commissioner and submit the copy of monthly challan for the amount deposited towards Provident Fund along with a list of his labours/workers to the Engineer Incharge.The contractor/contracting farm shall be liable to pay bonus to his workman wherever applicable. (xv) The contractor/contracting firm shall be required to deposit contribution towards Provident Fund, Pension, ESI, if applicable, or any other statutory payments to be made in respect of his workers well in time and submit a copy of challan to owner/Engineer In-charge in monthly/quarterly basis failing which GAIL will deduct from his bills the amount equivalent to such deductions along-with penalty as per the provisions of the applicable Act. (xvi) The contractor/contracting firm shall obtain registration under Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 if he deploys and engages labours from states other than U.P./Uttranchal. (xvii) The contractor/contracting firm shall strictly comply with the various provisions of Payment of Wages Act, 1936, Workmen’s Compensation Act, 1923, Minimum Wages Act, 1948, Contract Labour (Regulation & Abolition) Act,1970, Employees’ Provident Fund and Miscellaneous Provisions Act. 1952, etc. and other labour legislations as in existence (at present in India) and as amended from time to time. (xviii) The contractor shall be required to furnish proof/copies of forms/returns as per the checklist attached hereto every month along with the monthly bills to the Engineer –In- Charge. The

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA checklist- is indicative for monthly bills only and other forms/returns as required under various acts shall be required to be filed / maintained by the contractor himself regularly. (xix) No accommodation will be provided to the contractor/contracting firm as per guidelines of GAIL Corporate Office, New Delhi.

The following documents shall be attached with monthly RA bills

Sl No. Document Periodicity A Copy of labour license (applicable, if contractor is engaging more than 20 With first bill workers) B Copy of comprehensive insurance cover (CAR policy/Workmen's With first bill Compensation Policy, whichever is applicable)

C Copy of Contract Agreement With first bill D Gate Pass Details Every month E Copies of Forms under Contract Labour (R&A) Act, 1970

E.1 Register of persons in Form XIII Every month E.2 Muster Roll in Form XVI Every month E.3 Register of Wages in Form XVII Every month F Copies of Forms under Factories Act, 1948

F.1 Form 11 Every month F.2 Form 12 Every month F.3 Form 13 Every month F.4 Form 14 Every month F.5 Form 15 Every month F.6 Form 16 Every month G Copies of Forms under Employees' Provident Fund & Miscellaneous Provisions Act, 1952

G.1 PF Challan Every month G.2 Form 12A Every month G.3 Form 2 (for new joinees) Every month G.4 Form 11(Revised) - for new joinees Every month G.5 Form 3A Every month G.6 Form 5 Every month G.7 Form 10 Every month G.8 Form 5A With first bill G.9 Form 9 With first bill G.10 Form 6A At the end of financial year

The followings document shall be attached with Final RA Bills-

Sr. Document Periodicity No. a NOC from Labour Department b FORM -23 PF c Copy of Work Order d Copy of Work Completion Certificate e Gate Pass Details Every month 66

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA Copies of Forms under Contract Labour (R&A) Act, 1970 a Register of persons in Form XIII Every month b Muster Roll in Form XVI Every month c Register of Wages in Form XVII Every month Copies of Forms under Factories Act, 1948 a Form 11 Every month b Form 12 Every month c Form 13 Every month d Form 14 Every month e Form 15 Every month f Form 16 Every month Copies of Forms under Employees' Provident Fund & Miscellaneous Provisions Act, 1952 a PF Challan Every month b Form 12A Every month c Form 2 (for new joinees) Every month d Form 11(revised) - for new joinees Every month e Form 3A Every month f Form 5 Every month g Form 10 Every month h Form 6A At the end of financial year

SECTION – III

FORMS & FORMATS

SR. FORM DESCRIPTION NO. NO. 1. F-1 ACKNOWLEDGEMENT CUM CONSENT LETTER 2. F-2 BIDDER’S GENERAL INFORMATION 3. F-2 (A) DETAILS OF FINANCIAL CAPABILITY OF THE BIDDER 4. F-3 BIDDER'S QUERIES FOR PRE BID MEETING DETAILS OF SIMILAR WORK/JOB/SERVICE DONE DURING PAST 5. F-3 (A) SEVEN YEARS 6. F-4 BID FORM 7. F-5 (A) LETTER OF AUTHORITY 8. F-5 (B) POWER OF ATTORNEY 9. F-6 NO DEVIATION CONFIRMATION PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY 10. F-7 DEPOSIT[EMD]/ BID SECURITY INSTRUCTIONS FOR FURNISHING BID- GUARANTEE BANK 11. GUARANTEE 12. F-8 PROFORMA OF CONTRACT PERFORMANCE GUARANTEE INSTRUCTIONS FOR FURNISHING CONTRACT PERFORMANCE 13. GUARANTEE 14. F-9 DELETED 15. F-10 AGREED TERMS AND CONDITIONS 16. F-10 (A) CHECKLIST 17. F- 11 INTEGRITY PACT

NOTE: ABOVE FORMATS/FORMS DULY FILLED-IN ALONG WITH ITS ENCLOSURES MUST BE ESSENTIALLY FURNISHED BY BIDDERS BEFORE/ALONG WITH BID FOR EVALUATION, FAILING WHICH SUCH BID(S) MAY NOT BE CONSIDERED FOR FURTHER EVALUATION.

ACKNOWLEDGEMENT CUM CONSENT LETTER F-1

(Within 7 days of receipt of bidding document, Bidder shall acknowledge the receipt and confirm their intention to Bid against this tender through e- mail to [email protected]/ [email protected] or FAX with duly filled-up this Format. In case of no reply or No Offer, It will consider that bidder is not interested and No Further Tender will be issued in future).

To, Dy. Manager (C&P) GAIL (India) Ltd. Pata (India) Attn: Mr. Sanjay Singh FAX: +91 5683 282446

Dear Sir,

We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/work.

We undertake that the contents of the above bidding document shall be kept confidential and further that the drawings, specifications and documents shall not be transferred and that the said documents are to be used only for the purpose for which they are intended.

A) We intend to bid as requested for the subject item/work and furnish following details with respect to our quoting office: (i) Postal Address : ………………. ………………. (ii) Telephone Number : ……………… (iii) Fax Number : …………….. (iv) Contact Person : …………….. (v) E-mail Address : …………….. (vi) Website : ……………..

B) Details of Contact person: (i) Postal Address : ………………. ………………. (ii) Telephone Number : ……………… (iii) Fax Number : …………….. (iv) Contact Person : …………….. (v) E-mail Address : …………….. (vi) Mobile No.- : ……………..

C) We are unable to bid for the reasons given below and we are returning back the entire set of bidding documents. o The item/service does not fall in our product/servicing range o We do not meet BEC (Bid Evaluation Criteria) as specified in tender o We cannot meet the technical specifications as specified in tender o There is an order overbooking o We need some more time for submission of offer and hence request for extension of bid Submission date o Any other reason (please specify)

Agency’s Name : …………………….. Signature : …………………….. Date : …………………….. Name : …………………….. Seal/Stamp : …………………….. Designation :…….………………..

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA BIDDER’S GENERAL INFORMATION F-2 To, Dy. Manager (C&P) GAIL (India) Ltd. Pata (India) Attn: Mr. Sanjay Singh FAX: +91 5683 282446

1 Bidder Name (WO/Order will be issued in this name): ______2 Number of Years in Operation: ______3 Status of Company at the time of incorporation (Prop/Partenership/Pvt Ltd/Ltd etc.) ______4 Registered Address: ______City______District ______State ______PIN/ZIP______Phone No. ______FAX ______Mobile No./Direct No. ______e-mail ______website ______

5 Operation Address (if different from above): ______City______District ______State ______PIN/ZIP______Phone No. ______FAX ______Mobile No./Direct No. ______

6 In case of successful bidder, Order will be issued to address mentioned at Sl No. 4 [ ]/ 5 [ ] above (please tick park in appropriate box).

7 Present Status of Firm/Bidder : Sl No. Type of Firm Yes/ No Name of Owner/ Partners /Director(s) (i) Proprietorship (ii) Partnership

(iii) LLP

(iv) Private Limited

(v) Public Limited

(v) PSU/Govt Dept. Not Required (vi) Any other

8 Bidder must submit relevant document in support of above viz. Copies of partnership deeds (in case of partnership /LLP firm), Affidavit or self-declaration on letter head (in case of Proprietorship firm), Memorandum and Articles of Association & certificate of Incorporation (in case of Private /Public Limited company) and certification from competent person on their letter head (in case of PSU/Govt. Dept.) etc. 71

Submitted Following document(s): (i) ______(ii) ______(iii) ______

9 ISO Certification, if any (If yes, please furnish details along-with documentary evidence):

10 Details of Executed Order(s) for GAIL ______(PO/Order Reference)

11 Whether registered with MSME (SSI) …Micro/Small/Medium (if Yes, please furnish documentary evidence as per Clause No. 16.9 of ITB)

12 Whether NSIC registered (if Yes, please furnish documentary evidence as per Clause No. 16.9 of ITB)

13 Bank Name and A/c Details ______

14 Excise Registration number : ______

15 Excise Range : ______

16 Excise Division : ______

17 Excise Collectorate : ______

18 Service Tax Registration No. : ______

19 CST/Local ST/VAT No. : ______

20 PF Registration No. : ______

District & State of PF Registration: ______

21 PAN No. : ______

We have verified the Annual Accounts and other relevant records of M/s……………………………… (Name of the bidder) and certify the following.

A. ANNUAL TURNOVER OF LAST 03 YEARS:

Year Amount (Currency) Year 1: Year 2: Year 3:

B. FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR:

Description Year ______Amount (Currency) 1. Current Assets 2. Current Liabilities 3. Working Capital (Current Assets-Current liabilities) 4. Net Worth (Paid up share capital and Free Reserves & Surplus)

Name of Audit Firm: [Signature of Authorized Signatory] Chartered Accountant Name: Date: Designation: Seal: Membership no.

Instructions:

1. The financial year would be the same as one normally followed by the bidder for its Annual Report. 2. The bidder shall provide the audited annual financial statements as required for this Tender document. Failure to do so would result in the Proposal being considered as non-responsive. 3. For the purpose of this Tender document, (i) Annual Turnover shall be “Sale value/ Operating Income” (ii) Working Capital shall be “Current Assets less Current liabilities” and (iii) Net Worth shall be “Paid up share capital and Free Reserves & Surplus”.

BIDDER'S QUERIES FOR PRE BID BIDDER'S QUERIES FOR PRE BID MEETING F-3

To, 73

SL. REFERENCE OF BIDDING DOCUMENT BIDDER'S GAIL'S REPLY

NO. Subject QUERY SEC. NO. Page Clause No. No.

NOTE: THE PRE-BID QUERIES MAY BE SENT BY FAX TO FAX NUMBERS 91-11-26185941 EXT. 4903# OR +91 5683 282446 AND ALSO BY E-MAIL TO [email protected]/ [email protected] OR BEFORE DUE DATE FOR RECEIPT OF BIDDER'S QUERIES.

SIGNATURE OF BIDDER: ______

NAME OF BIDDER : ______

DETAILS OF SIMILAR WORK/JOB/SERVICE DONE DURING PAST SEVEN YEARS F-3 (A)

To, Dy. Manager (C&P) GAIL (India) Ltd. Pata (India) Attn: Mr. Sanjay Singh FAX: +91 5683 282446

SUBJECT: AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA (TENDER NO. GAIL/PA15/56038/8000007986/SS) [E-Tender Bid Invitation No.- 8000007986]. Sl. Descrip LOA/ Full Postal Address & phone Value of Date of Scheduled Date of Actual Reasons for delay in No tion of PO/W nos. of Client. Contract/ Commence- Completio Completion execution, if any the O No. Name, designation and address Order ment of n Time Services and of Engineer/ Officer-in-Charge (Specify works/job/se date (for cases other than purchase) Currency rvices Amount) (1) (2) (3) (5) (6) (7) (8) (9) (10)

SIGNATURE OF BIDDER: ______

NAME OF BIDDER : ______Important note: Bidders are advised to strictly confirm compliance to tender conditions and not to stipulate any deviation / conditions in their offer. Subsequent to bid submission, GAIL may not seek confirmations / clarifications from the bidders and conclude the tender based on documents submitted/ uploaded in e- tender portal. However, clarification if required may be sought only on documents submitted in support of Bid Evaluation Criteria (BEC) or executed orders mentioned in Format- F-3 (A). Bidders are requested to fill in information regarding job executed by them in Format- F-3 (A) of tender document 75

Dear Sir,

After examining/reviewing the Bidding Documents for ------including technical specifications, drawings, General and Special Purchase Conditions, Special Conditions of Contract & Scope of Work and schedule of rates etc. the receipt of which is hereby duly acknowledged, we, the undersigned, pleased to offer to execute the whole of the Job of …………… , the said Bid Documents, including Addenda Nos. ______.

We confirm that this bid is valid for a period of Three (03) months from the date of opening of Techno- Commercial Bid, and it shall remain binding upon us and may be accepted by any time before the expiration of that period.

If our bid is accepted, we will provide the performance guarantee as per provision of bid document for the due performance with in thirty days of such award, as per requirement of tender document.

Until a final Purchase Order/Agreement is prepared, the bid together with your written acceptance thereof in your notification of award shall constitute a binding Agreement between us.

We understand that Bid Document is not exhaustive and any action and activity not mentioned in Bid Documents but may be inferred to be included to meet the intend of the Bid Documents shall be deemed to be mentioned in Bid Documents unless otherwise specifically excluded and we confirm to perform for fulfillment of Agreement and completeness of the Work in all respects within the time frame and agreed price.

We understand that you are not bound to accept the lowest priced or any bid that you may receive.

SEAL AND SIGNATURE

DATE:

LETTER OF AUTHORITY F-5 [A]

PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING BID OPENING AND SUBSEQUENT NEGOTIATIONS/CONFERENCES Bidder Ref: Date: To, GAIL (India) Limited, POLYMER BHAWAN PATA, DISTT- AURAIYA (UP) INDIA - 206241

I/We, ______hereby authorize the following representative(s) for attending any 'Negotiations' / 'Meetings [Pre-Bid Meeting]', 'Un-priced Bid Opening', 'Price Bid Opening' and for any subsequent correspondence / communication against the above Bidding Documents: [1] Name & Designation : ______Signature : ______Phone/Cell : ______Fax : ______E-mail : ……………………….. @ ……………………………. [2] Name & Designation : ______Signature : ______Phone/Cell : ______Fax : ______E-mail : ……………………….. @ …………………………….

We confirm that we shall be bound by all commitments made by aforementioned authorised representative(s). Yours faithfully, Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal: Note: This "Letter of Authority" should be on the "letterhead" of the Firm / Bidder and should be signed by a person competent and having the 'Power of Attorney' to bind the Bidder. Not more than 'two [02] persons per Bidder' are permitted to attend "Techno-commercial / Un-priced" & "Price Bid" Openings.

(TO BE SUBMITTED ON THE LETTER-HEAD OF COMPANY) To, Dy. Manager (C&P) GAIL (India) Ltd. Pata (India) Attn: Mr. Sanjay Singh FAX: +91 5683 282446

“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: …………………………

Bidder Ref: Date:

Tender For:

To, GAIL (India) Limited, POLYMER BHAWAN PATA, DISTT- AURAIYA (UP) INDIA - 206241

Dear Sir, We understand that any deviation/exception in any form may result in rejection of bid. We, therefore, certify that we have not taken any exceptions/deviations anywhere in the bid against subject tender and we agree that if any deviation/exception is mentioned or noticed, our bid may be rejected.

(SEAL AND SIGNATURE OF BIDDER)

(To be stamped in accordance with the Stamp Act)

Ref...... Bank Guarantee No...... Date...... To

GAIL ( India )Ltd.,

Dear Sir(s),

In accordance with Letter Inviting Tender under your reference No______M/s.______having their Registered / Head Office at ______(hereinafter called the Tenderer) wish to participate in the said tender for ______As an irrevocable Bank Guarantee against Earnest Money for the amount of ______is required to be submitted by the Tenderer as a condition precedent for participation in the said tender which amount is liable to be forfeited on the happening of any contingencies mentioned in the Tender Document.

We, the ______Bank at______having our Head Office ______(Local Address) guarantee and undertake to pay immediately on demand without any recourse to the tenderers by GAIL (India) Ltd., the amount______without any reservation, protest, demur and recourse. Any such demand made by GAIL, shall be conclusive and binding on us irrespective of any dispute or difference raised by the Tenderer.

This guarantee shall be irrevocable and shall remain valid upto ______[this date should be 2 months beyond validity of bid]. If any further extension of this guarantee is required, the same shall be extended to such required period on receiving instructions from M/s.______whose behalf this guarantee is issued.

In witness whereof the Bank, through its authorised officer, has set its hand and stamp on this ______day of ______20 __at______.

WITNESS:

(SIGNATURE) (SIGNATURE) (NAME) (NAME) Designation with Bank Stamp

(OFFICIAL ADDRESS) Attorney as per Power of Attorney No.______Date:______

INSTRUCTIONS FOR FURNISHING BID-GUARANTEE BANK GUARANTEE

1. The Bank Guarantee by bidders will be given on non-judicial stamp paper as per stamp duty applicable. The non-judicial stamp paper should be in the name of the issuing bank. In case of foreign bank, the said banks guarantee to be issued by its correspondent bank in India on requisite non-judicial stamp paper.

2. The expiry date as mentioned in bid document should be arrived at by adding 2 months to the date of expiry of the bid validity unless otherwise specified in the Bid Documents.

3. The bank guarantee by bidders will be given from bank as specified in ITB

4. A letter from the issuing bank of the requisite Bank Guarantee confirming that said bank guarantee /all future communication relating to the Bank Guarantee shall be forwarded to the Employer at its address as mentioned at ITB.

5. Bidders must indicate the full postal address of the bank along with the bank’s E-mail/ Fax/. From where the earnest money bond has been issued.

6. If a bank guarantee is issued by a commercial bank, then a letter to Employer confirming its net worth is more than Rs. 1,000,000,000/- (Rupees one hundred crore) or equivalent in foreign currency along with a documentary evidence.

(PERFORMANCE SECURITY) – UNCONDITIONAL

(ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE) Bank Guarantee No.: Date:

To GAIL (INDIA) LIMITED P.O.:PATA, DISTT. AURAIYA (U.P.) 206 041 INDIA

M/s ______have been awarded the work of ______for GAIL ( INDIA) LTD. , PATA, INDIA.

The Contracts conditions provide that the SELLER shall pay a sum of Rs.______(Rupees as full Performance Guarantee in the form therein mentioned. The form of payment of Performance Guarantee includes guarantee executed by Nationalised Bank, undertaking full responsibility to indemnify GAIL ( INDIA) LTD. , in case of default.

The said______has approached us and at their request and in consideration of the premises we having our office at ______have agreed to give such guarantee as hereinafter mentioned.

1. We ______hereby undertake and agree with you that if default shall be made by M/s______in performing any of the terms and conditions of the tender or in payment of any money payable to GAIL ( INDIA) LTD. we shall on demand pay without any recourse to the contractor to you in such manner as you may direct the said amount of Rupees ______only or such portion thereof not exceeding the said sum as you may from time to time require.

2. You will have the full liberty without reference to us and without affecting this guarantee, postpone for any time or from time to time the exercise of any of the powers and rights conferred on you under the contract with the said ______and to enforce or to forbear from endorsing any powers or rights or by reason of time being given to the said ______which under law relating to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of Rs.______(Rupees______) from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s.______and/or that any dispute or disputes are pending before any officer, tribunal or court.

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up dissolution or changes of constitution or insolvency of the said but shall in all respects and for all purposes be binding and operative until payment of all money due to you in respect of such liabilities is paid.

5. This guarantee shall be irrevocable and shall remain valid upto______If any further extension of this guarantee is required, the same shall be extended to such required period on receiving instruction from M/s.______on whose behalf this guarantee is issued.

6. The Bank Guarantee’s payment of an amount is payable on demand and in any case within 48 hours of the presentation of the letter of invocation of Bank Guarantee. Should the banker fail to release payment

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA on demand, a penal interest of 18% per annum shall become payable immediately and any dispute arsing out of or in relation to the said Bank Guarantee shall be subject to the jurisdiction of Delhi Courts.

7. We have power to issue this guarantee in your favour under Memorandum and Articles of Association and the undersigned has full power to do under the Power of Attorney dated ______granted to him by the Bank.

Yours faithfully, ______Bank By its Constituted Attorney

(Signature of a person duly authorised to sign on behalf of the Bank.)

INSTRUCTIONS FOR FURNISHING PERFORMANCE GUARANTEE

1. The Bank Guarantee by successful bidder(s) will be given on non-judicial stamp paper as per stamp duty applicable. The non-judicial stamp paper should be in name of the issuing bank. In case of foreign bank, the said bank guarantee to be issued by its correspondent bank in India on requisite non- judicial stamp paper and place of bid to be considered as Delhi.

2. The bank guarantee by bidders will be given from bank as specified in ITB.

3. A letter from the issuing bank of the requisite Bank Guarantee confirming that said bank guarantee and all future communication relating to the Bank Guarantee shall be forwarded to Employer.

4. If a bank guarantee is issued by a commercial bank, then a letter to Purchaser and copy to Consultant confirming its net worth is more than Rs. 1,000,000,000/- (Rupees one hundred crore). or its equivalent in foreign currency along with a documentary evidence.

DELETED

AGREED TERMS AND CONDITIONS F-10

BIDDER'S CONFIRMATION / Sl. DESCRIPTION ACCEPTANCE 1 SOR PART(S) QUOTED FOR: Confirm that you have uploaded / submitted “Price Schedule” format with rates blanked-out (i.e. price schedule format without 2 the prices/rates but mentioned Quoted / Not Quoted in all Yes [ ] / No [ ] relevant boxes / fields) for the entire scope of work as specified in the tender document & its amendment / corrigendum (if any). As per tender & nature of services applicable rate of Service Tax 3 Yes [ ] / No [ ] including Cess thereon is 12.36% for this tender. In case the rate of service tax quoted is different from rate indicated at (2) above, then kindly mention quoted rate of Service 4 Tax as per clause no. 13 of ITB, Annexure – II, Section – II of tender). Confirm passing of CENVAT benefit to GAIL equal to the quoted 5 Yes [ ] / No [ ] Service Tax at clause no. 2 above. PF REGISTRATION NO.: We confirm that the indicated PF account is under operation and ______6 shall be used for all PF related activities for the labour engaged by us for the work / service (awarded to us). DISTRICT & STATE ______If presently not covered, then confirm that PF details (including 7 supporting certificate / documents) will be provided before start of Yes [ ] / No [ ] work. Confirm that quoted prices include Works Contract Tax (If applicable). WCT (if applicable) at source will be deducted as 8 Yes [ ] / No [ ] per statutory provisions and TDS certificate will be issued for the same by Owner. Confirm acceptance. Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order. In case of 9 contradiction between the confirmations given above and terms Yes [ ] / No [ ] & conditions mentioned elsewhere in the offer, the confirmation given/confirmed herein above shall prevail. Confirm acceptance to the Terms & Conditions of tender 10 Yes [ ] / No [ ] document and its Corrigendum/Amendment in totality. Confirm that the contents of the Tender Document have not been modified or altered by Bidder. In case, it is found that the tender 11 Yes [ ] / No [ ] document has been modified / altered by the bidder, the bid submitted shall be liable for rejection at any stage. Confirm that all Documents submitted in the bid, confirmations and information provided in the bid by bidder are true and genuine. In case, it is found that the document are forged, not genuine and any information as provided in bid is incorrect, the 12 Yes [ ] / No [ ] bid submitted shall be liable for rejection at any stage. Apart from that GAIL may put name of such bidder on holiday/blacklist as per its prevailing policy.

BIDDER'S CONFIRMATION / Sl. DESCRIPTION ACCEPTANCE In case of award, the following certificate shall be automatically enforceable, please confirm: “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 and agreed that the Government of India is not a party to the Agreement and has no liabilities, obligations or rights there under. It is expressly understood and agreed that the Employer is authorised to enter into Agreement, solely on its own behalf under the applicable laws of India. We expressly 13 agree, acknowledge and understand that the Employer is not Yes [ ] / No [ ] 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.” Confirm that none of Bidder’s Directors is a relative of any 14 Director of Owner or the bidder is a firm in which none of Yes [ ] / No [ ] Director of Owner or his relative is a partner. Confirm that you have not been banned or de-listed or Blacklisted or put on Holiday list by any Government or Quasi- 15 Government agencies or Public Sector Undertakings/PMCs of Yes [ ] / No [ ] GAIL. If you have been banned or de-listed by any of above, please mention details of the same. Confirm that bidder is not under any 'liquidation', any 'court receivership' or similar proceedings and 'bankruptcy'. If same is 16 Yes [ ] / No [ ] noticed/ found in future, the Bid submitted may be rejected / terminated at any stage. DISCLAIMER: Before submission of bid, 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 Purchase Officer immediately.

In the event such written notice is not received at the aforementioned office within seven (7) days from the date of 17 issue of the bidding document to the bidder, the bidding Yes [ ] / No [ ] documents received/downloaded 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.

BIDDER'S CONFIRMATION / Sl. DESCRIPTION ACCEPTANCE Confirm that “In case Service Tax department brings to the notice of GAIL that a Contractor has not paid to the credit of 19 the Government the Service Tax collected from GAIL, then Yes [ ] / No [ ] suitable penal action against the Contractor will be initiated which will include putting the contractor on holiday list”. Confirm compliance of MSE clause(s) as per clause no. 30.3 of 20 Yes [ ] / No [ ] ITB, Annexure – II, Section - II). If bidder is a MSE bidder than confirm that bidder has furnished 21 documentary evidence inline with clause no. 30 of ITB of Yes [ ] / No [ ] tender. Mentioned name of Person authorized for digital signature (it 22 should commensurate with information provided in Power of Attorney). Confirm that No Deviation has been taken to the Clauses 23 mentioned under Rejection Criteria (refer Clause No. 19.2 of Yes [ ] / No [ ] ITB). Confirm acceptance to part order quantity (i.e. GAIL can place order for lower quantity vis-à-vis tendered quantity). Any 24 Yes [ ] / No [ ] charges quoted extra as lumpsum shall be applicable prorata on value basis in the event of part order.

E-Mail ID of contact person &

Contact information: 25 Mobile Number:

Landline Number:

BIDDER'S CONFIRMATION/ Sl. DESCRIPTION ACCEPTANCE A EMD/Bid Security Details 1 EMD Amount 2 B.G./D.D. No. & Date

3 Bank’s Name & Branch Address

5 Validity of B.G./D.D. Date on which Original EMD submitted to GAIL (if sent by Courier 6 / Speed Post, Please mentioned POD with Courier Company Name & Tracking No.) B BID EVALUATION CRITERIA (BEC) [Refer Appendix I to ITB] 1 List of Documents submitted against Technical Criteria Confirm that you have submitted documents (viz. single work order of value as mentioned in Technical BEC along with its execution / completion certificate duly mentioning details like 1.1 Yes [ ] / No [ ] reference no. of the work order, actual date of completion of job and executed value etc. and details of vehicles owned by you as per requirement of BEC). Confirm documents submitted towards Technical BEC at above 1.2 are certified / attested by Chartered Engineer and notary public Yes [ ] / No [ ] with Legible Stamp. C List of Documents submitted against Financial Criteria Confirm you have submitted copy of audited annual financial statements (i.e. Balance Sheets Profit & Loss Account) for last 1.1 Yes [ ] / No [ ] three preceding financial years are duly certified / attested by notary public with legible stamp. Confirm that you have submitted format 2–A (i.e. “Details 1.2 Financial Capability of Bidder”) is duly signed / certified an Yes [ ] / No [ ] stamped by Chartered Accountant. SUBMISSION OF FOLLOWING ESSENTIAL ORIGINAL DOCUMENTS, REFER CL NO. 12 OF IFB D [WITHIN 7 DAYS FROM TENDER OPENING] 1 Copy of Tender Fee Yes [ ] / No [ ] 2 Original EMD/Bid Security Yes [ ] / No [ ] 3 Original Power of Attorney (in format F 5B) Yes [ ] / No [ ] 4 Original Integrity Pact (on plain paper, Format- F11) Yes [ ] / No [ ] If sent by Courier, please mention Courier Co Name, Tracking No 5 etc., E SUBMISSION OF FOLLOWING ESSENTIAL DOCUMENTS IN “PART-I : UN-PRICED BID”: 1 Bid Covering letter Yes [ ] / No [ ] 2 Uploaded form F6 duly filled Yes [ ] / No [ ] 3 Uploaded form F11 duly filled (Integrity Pact) Yes [ ] / No [ ]

INTEGRITY PACT

INTRODUCTION:

GAIL as one of its endeavour to maintain and foster most ethical and corruption free business environment, have decided to adopt the Integrity Pact, a tool developed by the Transparency International, to ensure that all activities and transactions between the Company (GAIL) and its Counterparties (Bidders, Contractors, Vendors, Suppliers, Service Providers/Consultants etc.) are handled in a fair and transparent manner, completely free of corruption. Accordingly, an MOU on Integrity Pact has been signed on 23.07.2007 by GAIL with Transparency International India.

Considering the above, the details mentioned at attached Annexure-1 are applicable as stated in Instruction to Bidders of Bid Document in addition to the existing stipulation regarding Corrupt and Fraudulent Practices.

The attached copy of the Integrity Pact at Annexure- 2 shall be included in the Bid submitted by the bidder (to be executed by the bidder for all tenders of value Rs. 1 (One) crore and above). In case a bidder does not sign the Integrity Pact, his bid shall be liable for rejection.

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA ANNEXURE-1 Bidder is required to sign the Integrity Pact with GAIL as per format & terms and conditions enclosed with tender. In case a bidder does not sign the Integrity Pact, his bid shall be liable for rejection.

I COMMITMENTS AND OBLIGATIONS OF THE “COUNTERPARTY”

a) The Counterparty, directly or indirectly (through agent, consultant, advisor, etc.), shall not pay any bribe/ influence or give undue/ unlawful benefit to anyone to gain undue advantage in dealing with GAIL. b) The Counterparty will not engage in collusion of any kind including price fixation etc. with other Counterparts. c) The counterparty will not pass GAIL’s confidential information to any third party unless specifically authorized by GAIL in writing. d) The Counterparties shall promote and observe best ethical practices within their respective organizations. e) The Counterparty shall inform the Independent External Monitor. i) If it received any demand, directly or indirectly, for a bribe/ favour or any illegal gratification/ payment / benefit; ii) If it comes to know of any unethical or illegal payment / benefit; iii) If it makes any payment to any GAIL associate. f) The Counterparty shall not make any false or misleading allegations against GAIL or its associates.

II VIOLATIONS & CONSEQUENCES:

a) If a Counterparty commits a violation of its Commitments and Obligations under the Integrity Pact Programme during bidding process, their entire Earnest Money Deposit/ Bid Security, would be forfeited and in addition, they may be blacklisted from the GAIL business in future. b) In case of violation of the Integrity pact by Counterparty after award of the Contract, GAIL shall be entitled to terminate the Contract. GAIL would forfeit the security deposits, encash the bank guarantee (s) and other payments payable to Counterparty in such cases, c) Subject to satisfaction of the Independent External Monitor, GAIL may ban/ blacklist/ put on holiday and exclude the Counterparty from future dealings until GAIL is satisfied that the Counterparty shall not commit any such violation in future. d) In addition to above, GAIL reserves its right to initiate criminal proceedings against the violating Counterparty, if the allegations by Counterparty are found frivolous, untrue and misleading and may also impose exemplary cost for the same. e) The Counterparty will be entitled to claim as determined by the Independent External Monitor, if the above (d) is found incorrect. INDEPENDENT EXTRNAL MONITORS (IEMS) The following Independent External Monitors (IEMs) have been appointed by GAIL, in terms of Integrity Pact (IP) which forms part of GAIL Tenders / Contracts. i) Shri V.K.Gupta (email id: [email protected] ) ii) Shri Naresh Narad (email id: [email protected] ) iii) Shri Anil Kumar (email id: [email protected])

This panel is authorised to examine / consider all references made to it under this tender. The bidder(s) , in case of any dispute(s) / complaint(s) pertaining to this tender may raise the issue either with the designated tender issuing officer in GAIL or directly with the IEMs on the panel c/o Chief Vigilance Officer, GAIL ( India) Limited, GAIL Bhawan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi – 110066.

ANNEXURE-2

INTEGRITY PACT

(To be executed on plain paper)

Between GAIL (India) Limited, a Government of India Public Sector, (here-in-after referred to as “Principal ”). AND

______(here-in-after referred to as “The Bidder/ Contractor”).

(Principal and the Bidder / Contractor are here-in-after are referred to individually as “Party” or collectively as “Parties”).

PREAMBLE

The Principal intends to award under laid down organizational procedures, contract/s for______

The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s and Contractor/s.

In order to achieve these goals, the Principal co-operates with the renowned International Non-Governmental Organisation ‘Transparency International’ (TI). Following TI’s national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process, the execution of the contract etc. for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

1. The Principal commits itself to take all measures necessary to prevent corruption and to observe the following Principles in this regard:-

i) No employee of the Principal, either in person or through family members, including relatives, will in connection with the tender for or the execution of a contract, demand or accept a promise for or accept for him/herself or for a third person, any material or immaterial benefit to which he/she is not legally entitled.

ii) The Principal shall, during the tender process treat all Bidders with equity. The Principal undertakes and ensures that before and during the tender process shall provide and share the same information to all Bidders and will not provide to any Bidder confidential / additional information through which one particular Bidder could take an advantage in relation to the tender process or the contract execution.

iii) The Principal will exclude from the process all known prejudiced persons.

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA 2. If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 – Commitments and Undertakings by the Bidder/Contractor

1. The Bidder / Contractor commits and undertakes to take all measures necessary to prevent malpractices & corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution:

i) The Bidder / Contractor undertakes not to, directly or through any other person or firm offer, promise or give or influence to any employee of the Principal associated with the tender process or the execution of the contract or to any other person on their behalf any material or immaterial benefit to which he / she is not legally entitled in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

ii) The Bidder / Contractor undertakes not to enter into any undisclosed agreement or understanding, whether formal or informal with other Bidders. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other action to restrict competitiveness or to introduce cartelization in the bidding process.

iii) The Bidder / Contractor undertakes not to commit any offence under the relevant Anti-corruption Laws of India. Further, the Bidder / Contractor will not use improperly any information or document provided by the Principal as part of the business relationship regarding plans, technical proposals and business details, including information contained or transmitted electronically for the purposes of competition or personal gain and will not pass the information so acquired on to others.

iv) The Bidder / Contractor will, when presenting his bid undertakes to disclose any and all payments made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

2. The Bidder / Contractor will not instigate and allure third persons / parties to commit offences outlined above or be an accessory to such offences. Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder, before the award of contract, has committed a transgression through a violation of any provisions of Section 2 or in any other form so as to put his reliability or credibility as Bidder into question, the Principal shall be entitled to disqualify, put on holiday or blacklist the Bidder including from the future tender process or to terminate the contract, if already signed, on that ground.

1. If the Bidder / Contractor has committed a transgression through a violation of any provisions of Section 2 so as to put his reliability or credibility into question, the Principal shall be entitled to exclude including blacklist and put on holiday the Bidder / Contractor from entering into any GAIL future contract tender processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the Principal taking into consideration the full facts and circumstances of each case particularly taking into account the number of transgressions, the position of

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion may be imposed for a minimum period of 6 months and maximum of three years.

2. A transgression is considered to have occurred if the Principal after due consideration of the available evidence, concludes that no reasonable doubt is possible.

3. The Bidder with its free consent and without any influence agrees and undertakes to respect and uphold the Principal’s absolute rights to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

4. Subject to the full satisfaction of the Principal, the exclusion of the Bidder / Contractor could be revoked by Principal prematurely if the bidder / contractor can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system in his organization.

Section 4 – Forfeiture of EMD / Security Deposits

1. If the Principal has disqualified the Bidder from the tender process prior to the award in terms of Section 3, and during the execution of the contract, the Principal shall forfeit earnest money deposit / bid security money, encash the bank guarantee including due payments in addition to blacklisting or putting on holiday the bidder and terminating the contract.

2. If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to Earnest Money Deposit / Security Deposit / Performance Bank Guarantee.

3. The bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 – Previous transgression

1. The Bidder swears on oath that no previous transgression has occurred during the last three years with any other Company in any country conforming to the TI approach or including with any other Public Sector Enterprise / Undertaking in India that could justify his exclusion from the tender process.

2. If the Bidder makes incorrect statement on this subject, he shall be disqualified from the tender process or the contract, if already awarded, could be liable to be terminated on this ground.

Section 6 – Equal treatment to all Bidders / Contractors / Subcontractors

1. The Bidder / Contractor undertakes to demand from all its sub-contractors, if any, an undertaking and commitment in conformity with this Integrity Pact, and to submit it to the Principal before signing of the contract.

2. The Principal will enter into agreements with similar conditions, as stipulated herein, with all Bidders, Contractors and Subcontractors.

3. The Principal shall disqualify from the tender process all Bidders who do not sign this Pact or violate any of its provisions.

Section 7 – Criminal charges against violating Bidders / Contractors / Sub-contractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office / Department for initiating appropriate action for above.

Section 8 –Independent External Monitor / Monitors

1. The Principal appoints competent and credible external independent Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

2. The Monitor is not subject to any instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

3. The Contractor accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub-contractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder / Contractor / Sub-contractor with confidentiality.

4. The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA 5. As soon as the Monitor notices, or believes to notice, a violation of this agreement he will so inform the Management of the Principal and request the Management to discontinue or heal the violation or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the bidder / contractor to present its case before making its recommendations to the Principal.

6. The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and should the occasion arise, submit proposals for taking corrective measures.

7. Monitor shall be entitled to compensation by the Principal.

8. If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

9. The word ‘Monitor’ would include both singular and plural.

10. Independent External Monitor shall be required to maintain confidentiality of the information acquired and gathered during their tenure / role as Independent Monitor. Any breach in this regard would be subject to the legal judicial system of India.

11. The Independent External Monitors shall be responsible to oversee the implementation of Integrity Pact Program to prevent corruption, bribes or any other unethical practices in the GAIL. However, Monitor(s) shall be personally and severally be liable for any action or suit brought by Bidder / Contractor / against the Monitor, in case the findings of Independent Monitor is / are found incorrect or biased or prejudiced.

12. Independent External Monitor(s) shall be required to furnish an Undertaking and shall disclose before taking any assignment that he / she has no interest in the matter or connected with the party (bidder / contractor) in any manner.

Section 9 – Pact Duration

The provisions of this Pact shall come into effect from the date of signing of this Pact by the both parties. It expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.

If any claim is made / lodged by either party during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/determined by the Chairperson of the Principal.

Section 10 – Miscelleneous provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. New Delhi. The Arbitration clause provided in main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.

TENDER NO. GAIL/PA15/56038/8000007986/SS FOR AMC ELECTRICAL EQUIPTMENT AND PROVIDING ROUND THE CLOCK ASSISTANCE IN OPERATION AND HEALTH MONITORING OF ELECTRICAL SYSTEM FOR UPSTREAM AREA OF PC-1 OF GAIL, PATA 2. Changes and supplements as well as termination notices, if any, need to be made in writing. Side agreements have not been made.

3. If the Contractor / Bidder is a partnership concern or a consortium, this agreement must be signed by all partners or consortium members.

4. In case any or several of the provisions of this agreement turn out to be void, the remainder of this pact shall remain valid. The parties to this pact however, shall strive to come to an agreement to their original intentions in such a case.

------(Name & Designation) (Name & Designation) For the Principal For the Bidder/Contractor

Place ------Witness 1: ------

Date ------Witness 2: ------

SECTION – V

PERFORMANCE EVALUATION

1.1 GAIL follows a system of Performance Evaluation of vendors and contractors to monitor and ensure the timely and smooth completion of supplies, execution of contracts, and maintenance of quality standards. The basic objective is to recognize and develop reliable vendors and contractors who consistently meet or exceed expectations and requirements of GAIL with respect to timely receipt of supplies, completion of work and services and the quality specifications, standards. Vendors and contractors whose performance is not found satisfactory will be debarred from future business with GAIL.

1.2 All the suppliers and contractors working with GAIL will be evaluated based on the parameters defined in the performance Rating Data Sheet as per enclosed Annexure –I of attachment - I.

1.3 The evaluated rating may be falling in any of the following category depending upon the scoring of points in various parameters.

Very good Good Fair Poor

1.4 In case, a vendor/contractor is not able to achieve a minimum scoring of 60% points in the given parameters individually and collectively for all parameters i.e. with poor rating shall be put on “HOLIDAY” for a period of 1 to 3 years depending upon the nature of failure on their part in performance and such venders and contractors will not be allowed to participate in business with GAIL for the Holiday period.

1.5 The vendors and contractors will be blacklisted for submitting forged documents in respect of experience, turnover and any other requirements forming the basis for pre-qualifying / eligibility criteria irrespective of their rating in the past. Such vendors & Contractors will be debarred from having business with GAIL in future.

GAIL (India) Limited Annexure - 1 PERFORMANCE RATING DATA SHEET

: (i) Location (ii) Order/Contract No. & Date : Brief description of Items : (iii) Works/Assignment

Order/Contract value (Rs.) : (iv)

Name of Vendor / Contractor / : (v) Consultant

Contracted delivery / : (vi) Completion Schedule

Actual delivery/ Completion : (vii) date

DELIVERY / PERFORMANCE QUALITY RELIABILITY COMPLETION TOTAL PARAMETER PERFORMANCE PERFORMANCE PERFORMANCE Maximum Marks 40 40 20 100 Marks Allocated (*)

Remarks (if any)

PERFORMANCE RATING (**):

Note: (*) Allocation of marks would be as per enclosed instructions (**) performance rating shall be classified as under:

SL. RANGE (MARKS) RATING NO. 1. 60 & below POOR 2. 61-75 FAIR 3. 76-90 GOOD 4. MORE THAN 90 VERY GOOD

SIGNATURE OF AUTHORISED SIGNATORY WITH NAME & DESIGNATION

100

INSTRUCTIONS FOR ALLOCATION OF MARKS

Marks are to be allocated as under:

1.1 DELIVERY/COMPLETION PERFORMANCE : 40 MARKS

DELIVERY PERIOD / COMPLETION DELAY IN WEEKS MARKS SCHEDULE a) Up to 3 months Before CDD 40 Delay upto 4 weeks 35 Delay upto 8 weeks 30 Delay upto 10 weeks 25 Delay upto 12 weeks 20 Delay upto 16 weeks 15 More than 16 weeks 0 b) Above 3 months Before CDD 40 Delay upto 4 weeks 35 Delay upto 8 weeks 30 Delay upto 10 weeks 25 Delay upto 16 weeks 20 Delay upto 20 weeks 15 Delay upto 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 pro- 10 Marks rata basis for acceptable quantity as compared to total quantity for normal cases ii) When quality failure endangers the Failure of severe nature 0 marks system integration and safety of the - Moderate nature 5 marks system. - low severe nature 10-25 marks iii) Number of deviations 1. No. deviation 5 Marks 2 marks 2. No. of deviations <=2 0 marks

3. No. of deviations >2

101

1.3 RELIABILITY PERFORMANCE : 20 MARKS

A. FOR WORKS / CONTRACTS

i) Submission of order acceptance, agreement, PBG, 4 marks Drawings and other documents within time ii) Mobilization of resources as per Contact and in time 4 marks 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 documents for 4 marks Extra, Substituted & AHR items

B. FOR SUPPLIES i) Submission of order acceptance, PBG , Drawing and other 5 marks 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 conformance to 5 marks standards like ISO iv) Submission of all required documents including Test 5 marks Certificates at the time of supply

102

SECTION – VI

GENERAL CONDITIONS OF CONTRACT

(GCC – WORKS)

[Note: GCC-Works is uploaded in appropriate section under link/path “Public => GCC/GPC”. The same being essential part of tender document, bidder must download and read the same before submission of their bid with it’s total compliance.]

103

SECTION – VII

PRICE SCHEDULE

[Note: Price schedule in MS Excel to be downloaded from e-tender portal under “Step 3: See Notes and Attachments  Attachments/SOR”] Section V

104