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KAII-ARAS COMPRESSOR STATION tm (EiRffi)frrm* VILL.: RITHON|A, TEHSIL: KAILARAS DIST. : MOBENA -47 6224 lM.P.l (lTrrd s{6rt EFt strr-q - q-errm Eiqfr) dH/PHONE: GAIL (lnAia) Limited @gail.co.in (A Government of lndia Undertaking- A Maharatna corp.nyhEeUEST FOR eUOTATION

To, GAIL WEBSITE VENDOR. RFQ No. : GAIL/KLR/I5/533/34000049261PL1C&P India Date:20.01.2016 MobiLe: RFQ Due on : 10.02.2016 at 14:00 Hrs tST Vendor Code : 101019938 Tender Opening Date : 10.02.2A16 at 15.00 Hrs IST

Sub: SUPPLY, INSTALLATTON & COMMISS]ONTNG OF SOLAR POWIR SYSTEM rOR LIGHTING & UTILITIES AT PIPEL]NE INSTALLATIONS UNDER GAIL, MALANPUR Kind Attn : Mr/i\ls Dear Sir(s)iMadam.

GAIL (lndia) Ltd. invltes -vou to submit -vour o{'fer in sealed envelope, superscribing RFQ No. & Due date for the

Bid Due Date & Time : 10.02.2016 at 1,1:00 Hrs ISI' Opening of Bids on :10.42.2A16 at i5.00 Hrs lS'I{ln case of Two Bid system

tender,unpriced bids shall be opened.)

Validity of Offer Upto : 09.05.20 I 6

Pre Bid Conference Date &Time :25.01.2016

EIIID Details: RS.39,800/- lN FORM OF D.D. PAYABALE AT AGRA OR IN FORM OF BANK CUARANTEE AS PER FORtulAT (F-4) PROVTDED lN TENDER DOCUMENT ALONGWTTH THrS RrQ rN FAVOTJR TO M/S GAlL (INDIA) LIMiTED, K,\ILAR,\S. EMD MUST tsE SUBMITTED BY BIDDER AI,ONCWITH OFI.ER,/BID. WITHOTJT I]MD OFFER SIIALL BE SIJMMARII-Y REJECTED

PLEASE QUOI'E YOUR RATE WITI"IOLIT CONSIDERING ANY CONCESSIONAL FORM C & D. GAIL WILL NO'T ISSTJE ANY I'ORM C OR D-

Instruction to Bidders : AS PER TE}{DER DOCUMENT

Price Basis : FOT, KAILARAS.

Delivery/Completion Schetlule: WITHIN 2 MONTHS FROM THE DATE OF P0.

qurqfl arqrefbims of deliyery : l-OT SITE DESTINATION, KAII.ARAS rra raq. 16 fiErcfr o.m ds' -a-{ ftd-roo66,EfrqI ,Sor$\'qlctl.l REGD.OFF|CEConsignee Address : DY.MAN.AGER (C&P) L4o2ooDLl 984G0 lol 8976 GAI L B HAWANgfiB EJ ffii'l GI+4AIPFffi F NEW DELHI 110066, INDIA wwwgailonline.com ?

REQUEST FOR QUOTATION (cont.) RFQ No.: GAIL/KLR/15/533/34000 04926tPLlC&P Date:20.01.2016

VILL.: RITHONIA, TEHSIL-KAILARAS DISTT: MORENA-47 6 224 (M.P .) PHONE: 08225000262 I 08989781946 E-MAIL: [email protected]

Terms of payment : AS PER TENDER DOCUMENT

Warranties : AS PER TENDER DOCUMENT

Price Reduction Schedule : AS PER TENDER DOCUMENT

Performance Bank Guarantee : AS PER TENDER DOCUMENT

Detailed Desc./Drg./Sample etc : TENDER DOCUMENT

General Conditions of Contract : AS PER TENDER DOCUMENT

Special Conditions of Contract : AS PER REQUEST FOR QUOTATION.

Enclosures : TENDER DOCUMENT

Bid Evaluation Criteria : AS PER TENDER DOCUMENT

Techno-Comm Bid Evaluation : PRICES SHALL BE COMPARED ON ITEMWISE BASIS.

Page- 2 of 6 REQUEST FOR QUOTATION (cont.) RFQ No.: GAIL/KLR/15/533/3400004926PL1C&P Date:20.01.2016

Bids complete in all respects should reach office of lncharge (C&P), GAIL (India) Ltd., at the above address on or before the scheduled date and time. Bids reeived after the due date and time are liable to be rejected.

GAIL reserves the right to accept or reject any or all tenders received at its absolute discretion without assigning any reason whatsoever.

Important: l. Percentage of Taxes, Duties, P&F, Freight charges etc. of quoted basic price should be clearly mentioned in the quotation. 2. Please go through the attached General Purchase Conditions (GPC). Deviations to GPC shall liable for rejection of your offer. 3. Please submit Catalogue/Specification Details, Test Certificates/Traceability Certificate for accuracy along with your quotation.

Thanking you..

For and on behalf of

(Authorized signatory) i,i. i"i. I irlrl- Name: orruERtcaP) r.r_.',.t L (lndla) Limltcd r ,, ,:.orlmrdir* ol lnd-tr Undrri*lng) Designation: (ailarac Compressor Station K;:ii;ias 91s11.' tr&iena (t'4 P )'4782:{ Contact No:

Page 3 of 5- REQUEST FOR QUOTATION (cont.)

RFQ No. : GAIL/KLR/I 5i533/34000 0 4926 nLl C &P Date:20.01.2016

MATERIALS

S. No MatCode & UOM QTY Unit Rate Amount Description (In Fig & Words)

7810812123 EACH 7.000 SOLAR POWER SYSTEM,WITH ACCESSORIES SOLARPOWER SYSTEM # WITH ACCESSORIES# Supply of 24 Y , I .5KWp solar module based power system along with solar inverter of rating 2000VA. The system is to be designed for rooftop/ground depending on the site conditions with weather proof field enclosure for batteries and electrical system preferably with overhead canopy for extra protection. 02 NOS OF LED LIGHTS OF 50 W AND 02 NOS OF LED LIGHT OF 15 W EACH ALONG WITH DISTRIBUTION BOARD AND CONTROLLING SWITCH BOARD FOR POWER DISTRIBUTION AT SITE

7105951383 EACH 28.000

BATTERY,LEAD ACID, 1 2V, 1 5OAH,SMF BATTERY,LEAD ACID VOLTAGE: l2V DISCHARGE CAPACITY: l5OAH SEALED MAINTENANCE FREE BATTERY Supply of 24Y,300 AH Lead Acid batteries sealed maintenance free type suitable for solar application to be installed in weather proof enclosure as per SCC/SOW. The details are mentioned in SCC/SOW. totat Quotation Value for Material supply: (In Elgures) : (In Words) :

SERVICES

SCHEDULE OF RATES (SOR)

ltem No. Service Description Qty. UOM Rate Amount (In Fig & Words)

ITEM 00003 Installation and commissioning charges Plant : 3025,NG Transmission - Kailaras 10 Installation and commissioning 7.000 EA charges This will include installation and bommissioning of complete system along with associated accessories as mentioned in SOR/SCC/SOW for completion of the job

Quotation Item 00003 Value (In Figures): (ln Words):

Page 4 of 6 REQUEST FOR QUOTATION (cont.) RFQ No. : GAIL/KLR/15/533/3400004926|PL1C&P Date:20.01.2016

Total Quotation Value including Material and Services fln Figures): (In.Words):

Page 5 of 6 गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

GAIL (India) Limited (A Government of India Undertaking) (A Maharatna Company) KAILARAS COMPRESSOR STATION VILL.: RITHONIA, TEH.: KAILARAS DIST.: MORENA-476224 PHONE: +91 8225000262

TENDER NO.: GAIL/KLR/C&P/15/M533/PL

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FOR

SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 1 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

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TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 2 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

IMPORTANT INSTRUCTIONS

PLEASE NOTE THAT THIIS "REQUEST FOR QUOTATIION [[RFQ]]" IIS ON "ZERO-DEVIIATIION" BASIIS.. GAIIL WIILL ACCEPT OFFERS BASED ON TERMS AND CONDIITIIONS OF THIIS "REQUEST FOR QUOTATIION [[RFQ]] & TENDER DOCUMENT" ONLY.. DEVIIATIION TO TERMS AND CONDIITIIONS OF "REQUEST FOR QUOTATIION [[RFQ]] & TENDER DOCUMENT" MAY LEAD TO REJECTIION OF OFFER..

"IINCOMPLETE BIIDS SHALL NOT BE CONSIIDERED"

PRIIOR TO DETAIILED EVALUATIION,, PURSUANT TO "BIIDDER''S ELIIGIIBIILIITY AND REJECTIION CRIITERIIA",, GAIIL WIILL DETERMIINE THE SUBSTANTIIAL RESPONSIIVENESS OF EACH BIID TO THE "RFQ & TENDER DOCUMENT".. FOR THE PURPOSE OF THIIS,, A SUBSTANTIIALLY RESPONSIIVE BIID IIS ONE WHIICH CONFORMS TO ALL THE TERMS AND CONDIITIIONS OF THE BIIDDIING DOCUMENTS WIITHOUT DEVIIATIIONS OR RESERVATIIONS//EXCEPTIIONS.. GAIIL''S DETERMIINATIION OF A BIID''S RESPONSIIVENESS IIS BASED ON THE CONTENT OF THE BIID IITSELF,, WIITHOUT RECOURSE TO EXTRIINSIIC EVIIDENCE..

''TECHNIICAL'' AND//OR ''COMMERCIIAL'' QUERY(S),, (TQ//CQ) IIF REQUIIRED,, MAY BE RAIISED ON THE BIIDDER(S) – THE DECIISIION FOR WHIICH WIILL BE SOLELY BASED ON CIIRCUMSPECTIION BY ''GAIIL (IINDIIA) LIIMIITED''.. THE ''RESPONSE(S)'' TO THE SAME SHALL BE IIN WRIITIING,, AND NO CHANGE IIN THE ''PRIICE'' OR ''SUBSTANCE'' OF THE BIIDS SHALL BE SOUGHT,, OFFERED OR PERMIITTED.. FURTHER,, ANY NEW SUBMIISSIION (OF DOCUMENTS) AGAIINST SUCH TQ//CQ IIS NOT ALLOWED,, AND IIN THE EVENT OF SUCH SUBMIISSIION,, THE SAME SHALL NOT BE CONSIIDERED DURIING EVALUATIION.. THE SUBSTANCE OF THE BIID IINCLUDES BUT NOT LIIMIITED TO PRIICES,, COMPLETIION,, SCOPE,, TECHNIICAL SPECIIFIICATIIONS,, ETC..

BIIDDERS ARE REQUESTED TO NOT TO TAKE ANY DEVIIATIION//EXCEPTIION TO THE TERMS AND CONDIITIIONS LAIID DOWN IIN THIIS "RFQ & TENDER DOCUMENT",, AND SUBMIIT ALL REQUIISIITE DOCUMENTS AS MENTIIONED IIN THIIS "RFQ & TENDER DOCUMENT",, FAIILIING WHIICH YOUR OFFER WIILL BE LIIABLE FOR REJECTIION..

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 3 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

BIDDER''S ELIGIBILITY CRITERIA [BEC] Technical Criteria:

1. The bidder must have successfully executed/ completed at least one single order/job/work of supply of “Solar Power System” of value not less than Rs. 9,92,900.00 (INR Nine Lac Ninety Two Thousand Nine Hundred Only) in any Govt. department /Public sector/ Public limited company/ Private limited company in preceding 7 years ending with bid due date of RFQ. Duly Notarized copy of such PO/WO & proof of execution (Invoice copy/ successful order completion certificate etc.) of the same must be submitted along with the bid.

2. The bidder shall either be a manufacturer of the offered item or an authorized dealer/distributor/ Business partner of the offered item. In case of authorized dealer/distributor/ Business partner, the dealership/distributorship/ Business partnership certificate shall be submitted along with the offer. For the manufacturer, NSIC registration certificate /Excise Registration certificate/SSI certificate or any other document having clearly mentioned that the bidder is the manufacturer of the offered item shall be submitted along with the offer.

Bidder shall submit all the above documents duly Notarized by Notary public along with PART-I OF BID/OFFER for meeting BEC conditions failing which their bid shall be rejected.

Note to "BEC" [For Strict Compliance]: [1] Bidder must furnish all relevant certificates / documents / information in support of their credentials to the above "evaluation criteria" along with the Offer. [2] Bidder not meeting any of the above-mentioned criteria shall be rejected without assigning any reason.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 4 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

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TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 5 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

INSTRUCTION TO BIDDERS INDEX [A] GENERAL: 1. SCOPE OF BID 2. ELIGIBLE BIDDERS 3. BIDS FROM CONSORTIUM / JOINT VENTURE 4. ONE BID PER BIDDER 5. COST OF BIDDING & TENDER FEE 6. SITE-VISIT [B] BIDDING DOCUMENTS: 7. CONTENTS OF BIDDING DOCUMENTS 8. CLARIFICATION OF BIDDING DOCUMENTS 9. AMENDMENT OF BIDDING DOCUMENTS [C] PREPARATION OF BIDS: 10. LANGUAGE OF BID 11. DOCUMENTS COMPRISING THE BID 12. SCHEDULE OF RATES / BID PRICES 13 SERVICE TAX 14. BID CURRENCIES 15. BID VALIDITY 16. EARNEST MONEY / BID SECURITY 17. PRE-BID MEETING 18. FORMAT AND SIGNING OF BID 19. ZERO DEVIATION & REJECTION CRITERIA 20. E-PAYMENT [D] SUBMISSION OF BIDS: 21. SUBMISSION, SEALING AND MARKING OF BIDS 22. DEADLINE FOR SUBMISSION OF BIDS 23. LATE BIDS 24. MODIFICATION AND WITHDRAWAL OF BIDS [E] BID OPENING AND EVALUATION: 25. EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS 26. BID OPENING 27. CONFIDENTIALITY 28. CONTACTING THE EMPLOYER 29. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS 30. CORRECTION OF ERRORS 31. CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS 32. EVALUATION AND COMPARISON OF BIDS 33. COMPENSATION FOR EXTENDED STAY 34. PURCHASE PREFERENCE [F] AWARD OF CONTRACT: 35. AWARD 36. NOTIFICATION OF AWARD / FAX OF ACCEPTANCE [FOA] 37. SIGNING OF AGREEMENT 38. CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT 39. CORRUPT OR FRAUDULENT PRACTICES 40. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISE 41. INTEGRITY PACT 42. AHR ITEMS 43. VENDOR EVALUATION PROCEDURE 44. INCOME TAX & CORPORATE TAX

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 6 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

INSTRUCTIONS TO BIDDERS [ITB] [A] – GENERAL 1 SCOPE OF BID 1.1 The Employer/ Owner/ GAIL as defined in the "General Conditions of Contract [GCC]", wishes to receive Bids as described in the Bidding Document. 1.2 SCOPE OF BID: The scope of work/ Services shall be as defined in the Bidding documents. 1.3 The successful bidder will be expected to complete the scope of Bid within the period stated in Special Conditions of Contract. 1.4 Throughout the Bidding Documents, the terms 'Bid' and 'Tender' and their derivatives [Bidder/Tenderer, Bid/Tender, Bidding/Tendering, etc.] are synonymous and 'Day' means 'Calendar Day'. 'Singular' also means 'Plural'. 2 ELIGIBLE BIDDERS 2.1 The Bidder shall not be under a declaration of ineligibility by Employer for corrupt or fraudulent practices, as defined in "Instructions to Bidders [ITB], Clause No. 39” (Action in case of Corrupt and Fraudulent practices) 2.2 The Bidder is not put on 'Holiday' or 'Blacklisted' or ‘banned’ or ‘negative list’ etc. by any Government Department / Public Sector Enterprise as on the due date of submission of bid. If the bidding documents were issued inadvertently/ downloaded from website, offers submitted by bidders put on 'Holiday' or 'Blacklisted' or ‘banned’ or ‘negative list’ etc. by any Government Department / Public Sector Enterprise shall not be considered for opening/ evaluation/Award. 2.3 A Bidder shall not be affiliated with a firm or entity: (i) That has provided consulting services related to the work to the Employer during the preparatory stages of the work or of the project of which the works forms a part of or (ii) That has been hired (proposed to be hired) by the Employer as an Engineer/ Consultant for the contract. 2.4 Neither the firm/entity appointed as the Project Management Consultant (PMC) for a contract nor its affiliates/ JV’S/ Subsidiaries shall be allowed to participate in the tendering process unless it is the sole Licensor/Licensor nominated agent/ vendor. 2.5 Pursuant to qualification criteria set forth in the bidding document, the Bidder shall furnish all necessary supporting documentary evidence to establish Bidder’s claim of meeting qualification criteria. 2.6 A Job executed by a Bidder for its own plant/ project 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. 2.7 In case a prequalification process has been conducted prior to the bidding process, the bidding shall be open only for the prequalified bidders.

3 BIDS FROM "JOINT VENTURE"/"CONSORTIUM " – (IF APPLICABLE AS PER RFQ/IFB/BEC) 3.1 Bids from consortium/ JV of two or more members are acceptable provided that they fulfill the qualification criteria and requirements stated in the bidding documents. Consortium/JV Agreements shall be submitted along with the bid. Participating Consortium/ JV shall submit the agreement as per the format of the Consortium Agreement attached in the bidding documents clearly defining the scope and responsibility of

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 7 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) each member. Members of consortium/ JV shall assume responsibility jointly & severally. The total members of JV/consortium shall be limited to 03 (three) (one leader and two members). The bid security shall be submitted by the Bidder (Consortium/ JV). 3.2 The Consortium/ JV Agreement must clearly define the leader/ lead partner, who shall be responsible for timely completion of work/ services and shall receive/ send instructions for and on behalf of the consortium during the period the bid is under evaluation as well as during the execution of works/services. 3.3 All the members shall authorize the representative from the lead partner by submitting a Power of attorney (on a non judicial stamp paper of appropriate value) signed by legally authorized signatories of all the member(s). Such authorization must be accompanied with the bid. The authorized signatory shall sign all the documents relating to the tender/ contract. However, in case of award, payment shall be made to the consortium only. 3.4 A consortium/ JV once established at the time of submitting the Bid shall not be allowed to be altered with respect to constituting members of the JV/ Consortium or their respective roles/ scope of work, except if and when required in writing by owner. If during the evaluation of bids, a consortium/JV proposes any alteration/ changes in the orientation of consortium/JV or replacements or inclusions or exclusions of any partner(s)/ member(s) which had originally submitted the bid, bid from such a consortium/JV shall be liable for rejection. 3.5 Any member of the consortium/ JV shall not be eligible either in an individual capacity or be a part of any other consortium/JV to participate in this tender. Further, no member of the consortium/ JV shall be put on holiday or blacklisting or negative list etc. by any Govt. Department/PSE as a on the due date of submission of bid. Bids from such a consortium shall be tantamount to ‘Fraudulent Practices’ and shall be dealt as per the provisions of “Clause No. 39 of ITB” (Action in case of Corrupt and Fraudulent practices).

4 ONE BID PER BIDDER 4.1 A Firm/Bidder shall submit only 'one [01] Bid' in the same Bidding Process. A Bidder who submits or participates in more than 'one [01] Bid' will cause all the proposals in which the Bidder has participated to be disqualified. 4.2 Alternative Bids shall not be considered.

5 COST OF BIDDING & TENDER FEE 5.1 COST OF BIDDING The Bidder shall bear all costs associated with the preparation and submission of the Bid including but not limited to Bank charges all courier charges including taxes & duties etc. incurred thereof. Further, GAIL will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 5.2 TENDER FEE 5.2.1 Tender Fee, if applicable, will be acceptable in the form of ‘crossed payee accounts only’ Bank Drafts/Banker’s Cheque payable to GAIL. The Tender Fee is to be submitted along with the bid. Offers sent without payment of requisite Tender Fee will be ignored straightaway. 5.3 SMEs (Small & Micro Enterprises) are exempted from submission of Tender Fee in accordance with the provisions of PPP-2012 (Clause 40 of ITB refers). The Government Departments/PSUs will also be exempted from the payment of tender fee. 5.4 In the event of a particular tender being cancelled, the tender fee will be refunded to the concerned bidders.

6 SITE VISIT 6.1 The Bidder is advised to visit and examine the site of works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the Bid and entering into a Contract for the required job. The costs of visiting the site shall be borne by the Bidder.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 8 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 6.2 The Bidder or any of its personnel or agents shall be granted permission by the Employer to enter upon its premises and land for the purpose of such visits, but only upon the express conditions that the Bidder, its personnel and agents will release and indemnify the Employer and its personnel, agents from and against all liabilities in respect therof, and will be responsible for death or injury, loss or damage to property, and any other loss, damage, costs, and expenses incurred as a result of inspection. 6.3 The Bidder shall not be entitled to hold any claim against GAIL for non-compliance due to lack of any kind of pre-requisite information as it is the sole responsibility of the Bidder to obtain all the necessary information with regard to site, surrounding, working conditions, weather etc. on its own before submission of the bid.

[B] – BIDDING DOCUMENTS

7 CONTENTS OF BIDDING DOCUMENTS 7.1 The contents of Bidding Documents / Tender Documents are those stated below, and should be read in conjunction with any 'Addendum / Corrigendum' issued in accordance with "ITB: Clause-9": ‹ Section-I : BID EVALUATION CRITERIA [BEC] & Evaluation methodology ‹ Section-II : Instructions to Bidders [ITB] ‹ Section-III : Forms and Formats ‹ Section-IV : Special Conditions of Contract [SCC], Specifications, Scope of Work ‹ Section-V : General Conditions of Contract [GCC] ‹ Section-VI : HEALTH, SAFETY ENVIRONMENT [HSE] SPECIFICATIONS ‹ Section-VII : Drawings *Request for Quotation’, wherever applicable, shall also form part of the Bidding Document. To aid the bidding process Bid Data Sheet ( BDS) is enclosed at Annexure-II. 7.2 The Bidder is expected to examine all instructions, forms, terms & conditions in the Bidding Documents. The "Request for Quotation [RFQ] & Information for bidders (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.

8 CLARIFICATION OF BIDDING DOCUMENTS 8.1 A prospective Bidder requiring any clarification(s) of the Bidding Documents may notify GAIL in writing or by fax or email at GAIL's mailing address indicated in the BDS no later than 02 (two) days prior to pre-bid meeting (in cases where pre-bid meeting is scheduled) or 05 (five) days prior to the bid closing date in cases where pre-bid meeting is not held. GAIL reserves the right to ignore the bidders request for clarification if received after the aforesaid period. If deemed appropriate, GAIL shall respond in writing to the request for clarification. GAIL's response including an explanation of the query, but without identifying the source of the query will be uploaded on GAIL’s tendering web site [ https://etender.gail.co.in/ http://gailtenders.in and Government Website ] / communicated to prospective bidders by e-mail/ fax and no separate communication will be sent to Bidders. 8.2 Any clarification or information required by the Bidder but same not received by the Employer at clause 8.1 above is liable to be considered as "no clarification / information required".

9 AMENDMENT OF BIDDING DOCUMENTS 9.1 At any time prior to the 'Bid Due Date', Owner may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding Documents by addenda/ corrigendum.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 9 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 9.2 Any addendum/ corrigendum thus issued shall be part of the Bidding Documents and may be hosted on GAIL’s tendering website [ https://etender.gail.co.in/ http://gailtenders.in and Government Website ] /communicated to prospective bidders by e-mail/ fax. Bidders have to take into account all such addendum/ corrigendum before submitting their bid. 9.3 The Employer, at its discretion may extend the date of submissions of Bid in order to allow the Bidders a reasonable time to furnish their most competitive bid taking into account the amendment issued thereof. 9.4 “Any revision, clarification, addendum, corrigendum, time extension, etc. to the above tender will be hosted on the website http://www.gailtenders.in and https://etender.gail.co.in only and no separate notification shall be issued in the press. Bidders are requested to visit the website regularly to keep themselves updated”. [C] – PREPARATION OF BIDS

10 LANGUAGE OF BID: The bid prepared by the bidder and all correspondence/drawings and documents relating to the bid exchanged by bidder and GAIL shall be written in English language alone. Any printed literature furnished by the bidder may be written in another language as long as accompanied by an ENGLISH translation duly authenticated by the chamber of commerce of bidders country , in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern. In the event of submission of any document/certificate by the Bidder in a language other than English, the English translation of the same duly authenticated by Chamber of Commerce of Bidder’s country shall be submitted by the Bidder.

11. DOCUMENTS COMPRISING THE BID 11.1 In case the Bids are invited under the Manual Single Bid system. The Bid prepared by the Bidder shall comprise the following components sealed in a single envelope: 11.1.1 ENVELOPE-I: "TECHNO-COMMERCIAL / UN-PRICED BID" shall contain the following: (a) 'Covering Letter' on Bidder's 'Letterhead' clearly specifying the enclosed contents. (b) 'Bidder's General Information', as per 'Form F-1'. (c) 'Bid Form', as per 'Form F-2' (d) Copies of documents, as required in 'Form F-3' (e) As a confirmation that the prices are quoted in requisite format complying with the requirements copy of Schedule of Rate (SOR) with prices blanked out mentioning quoted / not quoted (as applicable) written against each item. (f) 'Letter of Authority’ on the Letter Head, as per 'Form F-5' (g) 'No Deviation Confirmation', as per 'Form F-6' (h) 'Bidder's Declaration', in 'Format F-6A' (h) (m) 'Certificate' from Bidder, as per 'Format F-7' (i) Format for Bank Guarantee for contract performance security / security deposit as per 'Format F-8' (j) 'Agreed Terms and Conditions', as per 'Form F-9' (k) 'Regret Letter' [if applicable], as per 'Format F-10' (l) ‘Proforma’ for confirmation on applicability of “Micro, Small and Medium Enterprises Development Act, 2006 [MSMED Act 2006)”- ‘Format F-11’ (m) Confirmation on applicability of “Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act 2006) – ‘Format - 11 (A)’ (n) Format for e-banking –Format-F-12, Format-1 of F-12 & Format-2 of F-12 (o) 'ACKNOWLEDGEMENT CUM CONSENT LETTER', as per 'Form F-13' (p) Duly attested documents in accordance with the "BID EVALUATION CRITERIA [BEC]" establishing the qualification.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 10 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) (n) Power of Attorney for authorized signatory in non-judicial stamp paper/copy of Board Resolution, the authorized signatory shall be signing the bid and any consequence resulting due to such signing shall be binding on the bidder.(if applicable) (o) Any other information/details required as per Bidding Document (p) EMD/Bid Security in original as per Clause 16 of ITB (q) All forms and Formats including Annexures. (r) Original Tender Fee (if applicable) (s) List of consortium/ JV member (s), if any, and Consortium Agreement (as per format appearing in Section VIII) clearly defining their involvement & responsibility in this work, wherever applicable as specified elsewhere in the IFB/RFQ/BEC. (t) Tender Document duly signed by the Authorized Signatory. Note: All the pages of the Bid must be signed by the "Authorized Signatory" of the Bidder. 11.1.2 ENVELOPE-II: Price Bid i) The Prices are to be submitted strictly as per the Schedule of Rate of the bidding documents. GAIL shall not be responsible for any failure on the part of the bidder to follow the instructions. ii) Bidders are advised NOT to mention Rebate/Discount separately, either in the SOR 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 “Schedule of Rates (SOR)” and indicate the discounted unit rate(s) only. iii) If any unconditional rebate has been offered in the quoted rate the same shall be considered in arriving at the net tender amount no cognizance shall be taken for any conditional discount for the purpose of evaluation of the bids. iv) In case, it is observed that any of the bidder(s) has/have offered suo-moto Discount/Rebate after opening of unpriced bid but before opening of price bids such discount /rebate(s) shall not be considered for evaluation. However, in the event of the bidder emerging as the lowest evaluated bidder without considering the discount/rebate(s), then such discount/rebate(s) offered by the bidder shall be considered for Award of Work and the same will be conclusive and binding on the bidder. v) In case any bidder does not quote for any item(s) of “Schedule of Rates” and the estimated price impact is more than 10% of the quoted price, then the bid will be rejected. If such price impact of unquoted items is 10% or less of his quoted price, then the unquoted item(s) shall be loaded by the price impact calculated on the basis of highest of the price quoted by the other bidders . If such bidder happens to be lowest evaluated bidder, price of unquoted items shall be considered as included in the quoted bid price. 11.2 In case the bids are invited under e-tendering system, bidders are requested to refer instructions for participating in E-Tendering enclosed herewith as Annexure-I and the ready reckoner for bidders available in https://etender.gail.co.in . Bids submitted manually shall be rejected, the bids must be submitted on GAIL’s E-tendering website as follows :- 11.2.1 PART-I: “TECHNO-COMMERCIAL/UN-PRICED BID” comprising all the above documents mentioned at 11.1.1 along with copy of EMD/Bid Bond should be uploaded in the private area earmarked (Tender Document) in the C-folder of GAIL’s e-tendering portal. However, bidders must send the original "Bid Security / EMD & tender fee (if applicable), Power of Attorney and any other documents specified in the bidding documents to Dy. Manager (C&P), GAIL (India) Limited, Plot no. 25, Industrial Area, Malanpur, Dist.: Bhind-477 117 [M.P.] Ph.: 8989781946 , in a sealed envelope, superscribing the Tender details & number. The Original Bid Security/ EMD, copy of which has been uploaded, must be received within 7 days from the date of un-priced bid opening, failing which the bid will be rejected not

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 11 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) withstanding the fact that a copy of EMD/ Bid Security was earlier uploaded by the bidder. In the event bidder fails to upload a copy of the same EMD/ Bid Security in his e-bid and hard copy of same has also not been received as on the date & time of bid submission, the bid shall be summarily rejected. All pages of the Bid must be digitally signed by the "authorized signatory" of the Bidder. Refer Appendix-I for E-tendering. In e-tenders, bids need to be digitally signed by the person holding power of attorney . 11.2.2 PART-II: PRICE BID i) The Prices are to be submitted strictly as per the Schedule of Rate of the bidding documents. GAIL shall not be responsible for any failure on the part of the bidder to follow the instructions. ii) Bidders are advised NOT to mention Rebate/Discount separately, either in the SOR 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 “Schedule of Rates (SOR)” and indicate the discounted unit rate(s) only. iii) If any unconditional rebate has been offered in the quoted rate the same shall be considered in arriving at the net tender amount no cognizance shall be taken for any conditional discount for the purpose of evaluation of the bids. iv) In case, it is observed that any of the bidder(s) has/have offered suo-moto Discount/Rebate after opening of unpriced bid but before opening of price bids such discount /rebate(s) shall not be considered for evaluation. However, in the event of the bidder emerging as the lowest evaluated bidder without considering the discount/rebate(s), then such discount/rebate(s) offered by the bidder shall be considered for Award of Work and the same will be conclusive and binding on the bidder. v) In case any bidder does not quote for any item(s) of “Schedule of Rates” and the estimated price impact is more than 10% of the quoted price, then the bid will be rejected. If such price impact of unquoted items is 10% or less of his quoted price, then the unquoted item(s) shall be loaded by the price impact calculated on the basis of highest of the price quoted by the other bidders . If such bidder happens to be lowest evaluated bidder, price of unquoted items shall be considered as included in the quoted bid price. 11.3 In case of bids invited under single bid system , a single envelope containing all documents specified at 11.1.1 & 11.1.2 form the BID. All corresponding conditions specified at 11.1 & 11.2 shall be applicable in such a case.

12 SCHEDULE OF RATES / BID PRICES 12.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole works as described in Bidding Documents, based on the rates and prices submitted by the Bidder and accepted by the Employer. The prices quoted by the Bidders will be inclusive of all taxes except service tax. 12.2 Prices must be filled in format for "Schedule of Rates [SOR]" enclosed as part of Tender document. If quoted in separate typed sheets and any variation in item description, unit or quantity is noticed; the Bid is liable to be rejected. 12.3 Bidder shall quote for all the items of "SOR" 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 "SOR" but is required to complete the works as per Specifications, Scope of Work / Service, Standards, "GCC", "SCC" or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity. 12.4 All duties, taxes [except Service Tax and Cess thereon] and other levies [if any] payable by the Contractor under the Contract, or for any other cause, shall be included in the rates / prices and the total bid-price submitted by the Bidder. Applicable rate of service tax shall be indicated in Agreed Terms & Conditions (Format-F10). 12.5 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. Any new taxes & Duties, if imposed by the State/ Govt. of India after the last date of bid submission but before the Contractual Delivery Date, shall be reimbursed to the

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 12 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) contractor on submission of documentary evidence for proof of payment to State/ Govt. Authorities and after ascertaining it’s applicability with respect to the contract. 12.6 The Bidder shall quote the prices in 'figures' & words. There should not be any discrepancy between the prices indicated in figures and the price indicated in words. Further, any benefit availed by the bidder as per the extant guidelines of Government of India (GOI) in the subject work shall be passed on to the employer in the bid without altering the contents, formats etc therein.

13 SERVICE TAX 13.1 Bidders are required to submit a notarized copy of the Service Tax Registration Certificate while submitting the bids wherever service tax is applicable. 13.2 Quoted prices should be inclusive of all taxes and duties, except Service Tax. Please note that the responsibility of payment of Service Tax lies with the Service Provider only. Contractor providing taxable service shall issue an Invoice, a Bill or as the case may be, a Challan which is signed, serially numbered and in accordance with rule 4A of service tax rules,1994. The invoice shall also contain the following: (a) Name, Address & Registration No. of such Person/Contractor (b) Name & Address of the Person/Contractor receiving Taxable Service (c) Description, Classification & Value of Taxable Service provided (d) Service Tax Amount, if any. Payments to Service Provider for claiming Service Tax amount will be made provided the above formalities are fulfilled. Further, GAIL may seek copies of challan and certificate from Chartered Accountant for deposit of Service Tax collected from Owner. 13.3 In case CBEC (Central Board of Excise and Customs) brings to the notice of GAIL that the contractor has not remitted the amount towards service tax collected from GAIL to the government exchequer, then, that contractor shall be put under Holiday list of GAIL (i.e. neither any enquiry will be issued to the party by GAIL (India) Ltd. against any type of tender nor their offer will be considered/ processed further by GAIL against any ongoing tender (s) where contract between GAIL and that particular Contractor (as a bidder) has not been finalized). 13.4 In case of statutory variation in Service Tax during currency of the Contract, the Contractor shall submit a copy of the 'Government Notification' to evidence the rate as applicable on the date of submission of Bid and on the date of revision. Claim for payment of Service Tax / Statutory variation in Service Tax, should be raised within two [02] months from the date of issue of 'Government Notification' for payment of differential (in %) Service Tax, otherwise claim in respect of above shall not be entertained for payment of arrears. The Bidder shall submit Service Tax Registration Certificate alongwith their Bid. The following may also be noted:- a) Any increase in the rate of non-cenvatable service tax beyond the contractual completion period shall be to contractor’s account whereas any decrease in the rate of service tax shall be passed on to the Employer. b) The base date for the purpose of applying statutory variation shall be the bid closing date. 13.5 “Bidders are advised to ensure timely submission of correct invoice (s) with all required supporting documents (s) within a period specified in Contract/LOA to enable GAIL to avail CENVAT credit. 13.6 If CENVAT credit with respect to excise duty or service tax is not available to GAIL for any reason which is not attributable to GAIL, then GAIL shall not be obligated or liable to pay or reimburse excise duty or service tax charged in the invoice(s) and shall be entitled to/deduct/setoff/recover the such service tax or excise duty together with all penalties and interest if any, against any amounts paid or payable by GAIL to bidder.”

13.7 In case of reverse charges under service tax rules, where GAIL has the obligation to discharge service tax liability under reverse charge mechanism and GAIL has paid or is /liable to pay service tax to the Government on which interest or penalties becomes payable as per Point of Taxation Rules, 2011 for any reason which is not attributable to GAIL or CENVAT credit with respect to such payments is not available to

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 13 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) GAIL for any reason which is not attributable to GAIL, then GAIL shall be entitled to deduct/ setoff / recover such amounts against any amounts paid or payable by GAIL to bidder.

13.8 The invoice / Challan / Bill should contain the following:

(i) The name, address and service tax registration no. of service provided (vendor).

(ii) The name and address of service receiver (GAIL).

(iii) Service tax code, Category/ description and value of taxable services.

(iv) PAN no. and TIN no. (of concerned state) service provided.

(v) TIN no. should be in active mode at the time of submission of bill.

13.9 Cenvat Invoice shall be raised at the following address:

Place of service rendered Bill to be raised at (address) Kailaras region (IF APPLICABL E) Engineer -In -Charge GAIL (India) Limited Kailaras Compressor Station Vill.: Rithonia, Teh.: Kailaras Dist.: Morena-476 224 Agra region (IF APPLICABLE) Engineer -In -Charge GAIL (India) Limited Hathras Road, Tedi Bagiya Agra-282007 [U.P.] Malanpur (IF APP LICABLE) Engineer -In -Charge GAIL (INDIA) LTD. Plot No.P-25, Industrial Area, Malanpur, Dist. Bhind-477117 M.P. 13.10 Bill to be sent in Finance alongwith copy of Central Dak dispatch receipt, abstract of cost, measurement sheet, Memorandum of payment, copy of wages payment sheet as per wages act, 1936 and minimum wages Act, 1924, copy of ECR as proof of deposition of PF contribution, copy of ESIC along with ESIC card no and details of workers or WC policy where ESIC is not applicably.

13.11 Service tax challan as proof of deposition of service tax reimbursed / to be reimbursed by GAIL against the invoice / challan should also be attached alongwith bill forwarded to Finance for payment. At the time of submission of Final Bill, vendor has to submit a certificate issued by Chartered Accountant in this regards

13.12 SERVICE TAX IN CASE OF WORKS CONTRACT 13.12.1 While quoting against the tender, bidder shall have the option to decide on the method of valuation prescribed under the service tax rules, i.e. either on actual service portion or deemed service portion. 13.12.2 Wherever Service Tax is to be paid on actual service portion, the bidder(s) shall indicate the value for service portion on which the Service Tax is applicable. Wherever Service Tax is to be paid on deemed service portion as per percentage prescribed, the bidder(s) shall indicate the percentage (presently 40%, 60% or 70%) of the gross works contract value on which Service Tax is applicable. 13.12.3 Wherever the bidder opts for paying Service Tax on deemed service portion, the gross works contract value for the purpose of payment of service tax shall mean the sum total of the gross amount charged for the works contract and the fair market value of all goods and services supplied in or in relation to the execution of the works contract, whether or not supplied under the same contract or any other contract. The fair

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 14 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) market value of Free Issue Material (FIM) and services, wherever applicable, shall be indicated upfront in the Bidding Documents 13.12.4 Bidders shall quote prices inclusive of all taxes and duties excluding service tax. In other words, the amount of service tax shall not be included by the bidders in their quoted price. However, bidders will indicate the details of applicable service tax as mentioned above along with the break-up of the service tax payable by him and service tax payable by Owner/GAIL as service recipient, if applicable, as per the reverse charge rule of service tax in Form F-9 ‘Agreed terms & conditions’. 13.12.5 This is clearly stipulated that in case a bidder does not provide any of the above requisite information, his bid will be evaluated with highest applicable rate of service tax (Presently 14%) on total value of works contract. 13.13 Where the Work Centre/Project is entitled to avail the cenvat credit of service tax:- 13.13.1 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. 13.13.2 The benefit of Cenvat credit of service tax quoted shall be considered for evaluation of bids. 13.14 Where the Work Center/Project cannot avail/take the cenvat credit of service tax: 13.14.1 Owner/GAIL will reimburse the service tax to the Contractor at actuals against documentary evidence subject to the ceiling amount of Service Tax as quoted by the bidder. In case of any variation in the executed quantities (If directed and/or certified by the Engineer-In-Charge) the ceiling amount on which service tax is applicable will be modified on pro-rata basis. 13.14.2 The bids will be evaluated based on total price including applicable service tax. 13.8 In case of non- corporate entities, bidder is required to pay certain portion of applicable service tax and remaining portion shall be deposited by GAIL directly as per service tax act. However in SOR, entire applicable rate/amount of service tax to be indicated by bidder. 14 BID CURRENCIES : Bidders must 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 the Bidders to extend the 'Period of Bid Validity' for a specified additional period. The request and the responses thereto shall be made in writing or by fax/email. A Bidder may refuse the request without forfeiture of his 'Bid Security'. A Bidder agreeing to the request will not be required or 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 "ITB: Clause-16" in all respects.

16 EARNEST MONEY/BID SECURITY 16.1 Bids must be accompanied with 'Earnest Money / Bid Security' in the form of 'Demand Draft' [in favor of GAIL (India) Limited , payable at Agra] or 'Banker's Cheque' or 'Bank Guarantee' or 'Letter of Credit' as per the format given in Form -4/4A of the bidding documents . Bidders shall ensure that 'Bid Security', having a validity of at least ' two [02] months' beyond the validity of the bid, must accompany the Bid in the format(s) made available in the Bidding Document. Bid not accompanied with 'Bid Security', or 'Bid Security' not in requisite form shall be liable for rejection. The Bid Security shall be submitted in Indian Rupees only. 16.2 The 'Bid Security' is required to protect GAIL against the risk of Bidder's conduct, which would warrant the 'Bid Security's' forfeiture, pursuant to "ITB: Clause-16.7".

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 15 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 16.3 GAIL shall not be liable to pay any Bank charges, commission or interest etc. 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 Nationalized Indian Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred 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. 'Earnest Money / Bid Security' shall be valid for 'two [02] months' beyond the 'Bid Validity Period' 16.4 Any Bid not secured in accordance with "ITB: Clause-16.1 & Clause-16.3" may be rejected by GAIL as non- responsive. 16.5 Unsuccessful Bidder's 'Earnest Money / Bid Security' will be discharged/ returned as promptly as possible, but not later than 'thirty [30] days' after finalization of tender . 16.6 The successful Bidder's 'Bid Security' will be discharged upon the Bidder's acknowledging the 'Award' and signing the 'Agreement' and furnishing the 'Contract Performance Security / Security Deposit' pursuant to clause 37 & 38 of ITB. 16.7 Notwithstanding anything contained herein, the 'Bid Security' may also be forfeited in any of the following cases: (a) If a Bidder withdraws his Bid during the 'Period of Bid Validity' (b) The information/documents forming basis of evaluation submitted by the bidder in his bid is found to be false/ forged, the same shall be considered adequate ground for rejection of bid and forfeiture of EMD/ Bid Security. (c) If the Bidder modifies bids during the period of bid validity (after submission date). (d) Violates any other condition, mentioned elsewhere in the tender document, which may lead to forfeiture of EMD. (e) In the case of a successful Bidder, if the Bidder fails: (i) to acknowledge receipt the "Notification of Award" / "Fax of Intent [FOI]/ Fax of Acceptance[FOA]", (ii) to furnish "Contract Performance Security / Security Deposit", in accordance with "ITB: Clause-39" (iii) to accept 'arithmetical corrections' as per provision of the clause 30 of ITB.

16.8 Bid Security should be in favor of GAIL (India) Limited and addressed to GAIL. In case Bid Security is in the form of 'Bank Guarantee' or ‘Letter of Credit’, the same must indicate the Bid Document No. and the Work for which the Bidder is quoting. This is essential to have proper correlation at a later date. The 'Bid Security' should be in the form provided at 'Form F-4’/’Form F-4A'. 16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD/Bid Security in accordance with the provisions of PPP-2012 (Clause 40 of ITB refers). The Government Departments/PSUs will also be exempted from the payment of Bid Security.

17 PRE-BID MEETING (IF APPLICABLE) 17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which will be held at GAIL (India) Limited Dy. Manager (C&P) GAIL (India) Limited Plot no. 25, Industrial Area Malanpur, Dist.: Bhind-477 117 [M.P.] PH.08225000262/08989781946 E-mail: [email protected]

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 16 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) It is expected that a bidder shall not depute more than 02 representatives for the meeting. 17.2 Purpose of the meeting will be to clarify issues & to answer questions on any matter that may be raised at that stage and give hands-on e-tendering. 17.3 Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be uploaded on GAIL e-tendering website against the Tender. Any modification of the Contents of Bidding Documents listed in "ITB: Clause-7.1", 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 / Corrigendum pursuant to "ITB: Clause-9", and not through the minutes of the Pre-Bid Meeting. 17.4 Non-attendance of the Pre-Bid Meeting will not be a cause for disqualification of a Bidder.

18 FORMAT AND SIGNING OF BID 18.1 The original and all copies of the Bid shall be typed or written in indelible ink [in the case of copies, photocopies are also acceptable] and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder (as per POA). The name and position held by each person signing, must be typed or printed below the signature. All pages of the Bid except for unamended printed literature where entry(s) or amendment(s) have been made shall be initialed by the person or persons signing the Bid. 18.2 The Bid shall contain no alterations, omissions, or additions, unless such corrections are initialed by the person or persons signing the Bid.

19 ZERO DEVIATION AND REJECTION CRITERIA 19.1 ZERO DEVIATION: Deviation to terms and conditions of "Bidding Documents" may lead to rejection of bid. GAIL will accept bids based on terms & conditions of "Bidding Documents" only. Bidder may note GAIL will determine the substantial responsiveness of each bid to the Bidding Documents pursuant to provision contained in clause 29 of ITB. For purpose of this, a substantially responsive bid is one which conforms to all terms and conditions of the Bidding Documents without deviations or reservations. GAIL's determination of a bid's responsiveness is based on the content of the bid itself without recourse to extrinsic evidence. GAIL reserves the right to raise technical and/or commercial query(s), if required, may be raised on the bidder(s). The response(s) to the same shall be in writing, and no change in the price(s) or substance of the bids shall be sought, offered or permitted. The substance of the bid includes but not limited to prices, completion, scope, technical specifications, etc. Bidders are requested to not to take any deviation/exception to the terms and conditions laid down in this "Tender Documents", and submit all requisite documents as mentioned in this "Tender Documents", failing which their offer will be liable for rejection. If a bidder does not reply to the queries in the permitted time frame then its bid shall be evaluated based on the documents available in the bid. 19.2 REJECTION CRITERIA: Notwithstanding the above, deviation to the following clauses of Tender document shall lead to summarily rejection of Bid: (a) Firm Price (b) Earnest Money Deposit / Bid Security (c) Specifications & Scope of Work (d) Special Conditions of Contract [SCC] (e) General Conditions of Contract [GCC] (f) Schedule of Rates / Price Schedule / Price Basis (g) Duration / Period of Contract/ Completion schedule (h) Period of Validity of Bid (i) Price Reduction Schedule (j) Contract Performance Security / Security Deposit (k) Guarantee / Defect Liability Period (l) Arbitration / Jurisdiction of Court

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 17 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) (m) Force Majeures (n) Integrity Pact (o) Any other condition specifically mentioned in the tender document elsewhere that non-compliance of the clause lead to rejection of bid Note: Further, it is once again reminded not to mention any condition in the Bid which is contradictory to the terms and conditions of Tender document & also, to quote your rates in GAIL’s SOR only else your bid shall be rejected.

20 E-PAYMENT GAIL (India) Limited has initiated payments to Suppliers and Contractors electronically, and to facilitate the payments electronically through 'e-banking' . The successful bidder should give the details of his bank account as per the bank mandate form.

[D] – SUBMISSION OF BIDS

21 SUBMISSION, SEALING AND MARKING OF BIDS 21.1 In case of e-tendering, bids shall be submitted through e-tender mode in the manner specified elsewhere in tender document. No Manual/ Hard Copy (Original) offer shall be acceptable. 21.2 In case of manual tendering bid must be submitted in sealed envelope. If the envelope is not sealed & marked as per Clause No. 11 of ITB, the employer will assume no responsibility for misplacement or pre- mature opening of the bid. 21.3 Bids submitted under the name of AGENT/CONSULTANT/REPRESENTATIVE/RETAINER/ASSOCIATE etc. on behalf of a bidder/affiliate shall not be accepted.

22 DEADLINE FOR SUBMISSION OF BIDS 22.1 In case of e-bidding, the bids must be received through e-tender mode not later than the date and time specified in the tender documents/BDS. 22.2 In case of manual tendering EMD along with bid must be submitted within the due date & time. 22.3 GAIL may, in exceptional circumstances and at its discretion, extend the deadline for submission of Bids (clause 9 of ITB refers). 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. Notice for extension of bid submission date will be uploaded on GAIL’s website/ communicate to the bidders.

23 LATE BIDS 23.1 Any bids received after the notified date and time of closing of tenders will be treated as late bids.

23.2 In case of e-tendering, e-tendering system of GAIL shall close immediately after the deadline for submission of bid and no bids can be submitted thereafter. In case of manual tendering, bids received by GAIL after the deadline for submission of bids shall not be considered. Such late bids shall be returned to the bidder within “10 days” in ‘unopened conditions’. The bid bond of such bidders shall be returned along with the un-opened bid. In case of e-tendering, where the bid bond has been received but the bid is not submitted by the bidder, such bid bond shall be returned immediately. 23.3 Unsolicited Bids or Bids received to address other than one specifically stipulated in the tender document/ Bids will not be considered for evaluation/opening/award if not received to the specified destination within stipulated date & time.

24 MODIFICATION AND WITHDRAWAL OF BIDS 24.1 Modification and withdrawal of bids shall be as follows:- 24.1.1 IN CASE OF E- TENDERING

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 18 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) The bidder may withdraw or modify its bid after bid submission but before the due date for submission as per BDS. 24.1.2 IN CASE OF MANUAL BIDDING The bidder may withdraw or modify its bid after bid submission but before the due date for submission as per BDS provided that the written notice of the modification/ Substitution/ Withdrawal in received by GAIL prior to the deadline for submission of bid. 24.2 The modification shall also the prepared, sealed, marked and dispatch in accordance with the provision of the clause 22 of ITB, with the after and inner envelopes additionally marked modification or withdrawal as appropriate. A withdrawal notice may also be sent by e-mail or fax but followed by a signed confirmation copy post not later than the deadline for submission of bids. No bid shall be modified/ withdrawn after the deadline for submission of bids. 24.3 No bid shall be allowed to be withdrawn/ modified 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/Modification of a bid during this interval shall result in the bidder’s forfeiture of his bid security pursuant to clause 16. 24.4 The latest bid hence submitted shall be considered for evaluation and all other bids shall be considered to be unconditionally withdrawn. 24.5 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).

25 EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS GAIL reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids, at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligations to inform the affected Bidder or Bidders of the ground for GAIL's action. However, Bidder if so desire may please in writing the reason for rejection of their Bid to which GAIL shall respond quickly.

[E] – BID OPENING AND EVALUATION 26 BID OPENING 26.1 Unpriced Bid Opening : GAIL will open bids, in the presence of bidders’ designated representatives who choose to attend, at date, time and location stipulated in the BDS. The bidders’ representatives, who are present shall sign a bid opening register evidencing their attendance. 26.2 Priced Bid Opening : 26.2.1 GAIL will open the price bids of those bidders who meet the qualification requirement and whose bids 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 bid opening. The bidders’ representatives, who are present shall sign a register evidencing their attendance and may be required to be present on a short notice. 26.2.2 The price bids of those bidders who were not found to be techno-commercially responsive shall be unopened and returned unopened after opening of the price bids of techno-commercially responsive bidders. 26.3 In case of bids invited under the single bid system, bid shall be opened on the specified due date & time.

27 CONFIDENTIALITY Information relating to the examination, clarification, evaluation, and comparison of Bids, and recommendations for the award of a Contract, shall not be disclosed to Bidders or any other persons not

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 19 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) officially 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.

28 CONTACTING THE EMPLOYER 28.1 From the time of Bid opening to the time of award of Contract, if any Bidder wishes to contact the Employer on any matter related to the Bid, it should do so in writing. Information relating to the examination, clarification, evaluation & recommendation for award shall not be disclosed. 28.2 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.

29 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS 29.1 The owner’s determination of a bid’s responsiveness is based on the content of the bid only. Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid:- (a) Meets the "Bid Evaluation Criteria" of the Bidding Documents; (b) Has been properly signed; (c) Is accompanied by the required 'Earnest Money / Bid Security'; (d) Is substantially responsive to the requirements of the Bidding Documents; and (e) Provides any clarification and/or substantiation that the Employer may require to determine responsiveness pursuant to "ITB: Clause-29.2" 29.2 A substantially responsive Bid is one which conforms to all the terms, conditions and specifications of the Bidding Documents without material deviations or reservations or omissions for this purpose employer defines the foregoing terms below:- a) “Deviation” is departure from the requirement specified in the tender documents. b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirement in the tender documents. c) “Omission” is the failure to submit part or all of the information or documentation required in the tender document. 29.3 A material deviation, reservation or omission is one that, a) If accepted would, i) Affect in any substantial way the scope, quality, or performance of the job as specified in tender documents. ii) Limit, in any substantial way, inconsistent with the Tender Document, the Employer’s rights or the tenderer’s obligations under the proposed Contract. b) If rectified, would unfairly affect the competitive position of other bidders presenting substantially responsive bids. 29.4 The employer shall examine all aspects of the bid to confirm that all requirements have been met without any material deviation reservation or omission.

29.5 If a Bid is not substantially responsive, it may be rejected by the Employer and may not subsequently be made responsive by correction or withdrawal of the of material deviation, reservation or omission.

30 CORRECTION OF ERRORS 30.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows: (a) Where there is a discrepancy between the rates in figures and words, the rate which corresponds to the amount worked out by the contractor(by multiplying the quantity and rate) shall be taken as correct. (b) When the rate quoted by the contractor in figures and words tallies but the amount is incorrect, the rate quoted by the contractor shall be taken as correct and not the amount and the amount corrected.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 20 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) (c) When it is not possible to ascertain the correct rate, in the manner prescribed above, the rate as quoted in words shall be adopted and the amount worked out, for comparison purposes. (d) 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 bidder for such items. 30.2 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. 30.3 If the estimated price impact of the unquoted items is more than 10% of the bidders quoted price, the above provision shall not be applicable and such bid shall be rejected. 30.4 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. 31 CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS Not Applicable. All bids submitted must be in the currency specified at clause 14 of ITB.

32 EVALUATION AND COMPARISON OF BIDS Shall be as specified in Section-II of bidding documents (refer clause 7.0 of ITB) after considering the effect of cenvatable service tax wherever the work Centre is entitled to avail CENVAT credit. The employer shall only use the criteria and methodology indicated in Section-II of bidding documents. No other criteria/ methodology shall be permitted.

33 COMPENSATION FOR EXTENDED STAY (IF APPLICABLE AS PER SCC):- 33.1 In the event of the time of completions of work getting delayed beyond the time schedule indicated in the bidding document plus a grace period equivalent to 1/5 th of the time schedule or 2 months whichever is more, due to reasons solely attributable to Employer, the Contractor shall be paid compensation for extended stay (ESC) to maintain necessary organizational set up and construction tools, tackles, equipment etc. at site of work.. 33.2 The bidder is required to specify the rate for ESC on per month basis in the “PRICE PART” of his bid, which shall be considered for loading on total quoted price during price bid evaluation. The loading shall be done of a period of 1/5 th of the time schedule or 1 month whichever is less. In case bidder does not indicate the rate for ESC in price part of his bid, it will be presumed that no ESC is required by the bidder and evaluation shall be carried out accordingly.

34 PURCHASE PREFERENCE Purchase preference to Central government public sector Undertaking shall be allowed as per Government instructions in vogue.

[F] – AWARD OF CONTRACT

35 AWARD Subject to "ITB: Clause-29", 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 provided that bidder, is determined to be qualified to satisfactorily perform the Contract.

36 NOTIFICATION OF AWARD / FAX OF ACCEPTANCE 36.1 Prior to the expiry of 'Period of Bid Validity', GAIL will notify the successful Bidder in writing, in the form of "Notification of Award" / "Fax of Intent [FOI]”/”Fax of Acceptance [FOA]", through fax/e-mail, that his Bid has been accepted. The notification of award / Fax of Intent will constitute the formation of the Contract.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 21 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 36.2 Contract period shall commence from the date of "Notification of Award" or as mentioned in the Notification of Award. The "Notification of Award" will constitute the formation of a Contract, until the Contract has been effected pursuant to signing of Contract as per "ITB: Clause-37". Upon the successful Bidder's / Contractor's furnishing of 'Contract Performance Security / Security Deposit', pursuant to "ITB: Clause-38", GAIL will promptly discharge his 'Earnest Money / Bid Security', pursuant to "ITB: Clause-16"

37 SIGNING OF AGREEMENT 37.1 GAIL will award the Contract to the successful Bidder, who, within 'fifteen [15] days' of receipt of the same, shall sign and return the acknowledged copy to GAIL. 37.2 The successful Bidder/Contractor shall be required to execute an 'Agreement' in the proforma given in this Bidding Document on a 'non-judicial stamp paper' of appropriate value [cost of the 'stamp-paper' shall be borne by the successful Bidder/Contractor] and of 'MP state' only, within 'fifteen [15] days' of receipt of the "Letter of Acceptance [LOA]" of the Tender by the successful Bidder/Contractor failure on the part of the successful Bidder/Contractor to sign the 'Agreement' within the above stipulated period, shall constitute sufficient grounds for forfeiture of EMD/Security Deposit.

38 CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT 38.1 Within 30 days of the receipt of the notification of award from GAIL, the successful bidder shall furnish the contract performance security/Guarantee in accordance with article -24of General Conditions of the Contract. The Contract Performance Security/Guarantee shall be in the form of either Banker’s Cheque or Demand Draft or Bank Guarantee or Letter of Credit and shall be in the currency of the Contract. 38.2 The contract performance security shall be for an amount equal to 10% of contract value towards faithful performance of the contractual obligations and performance of equipment exclusive of taxes. For the purpose of Contract Performance Security, Contract/order value shall be exclusive of taxes and duties. Bank Guarantee towards performance security/ security deposit 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 in case of Indian bidder as well as foreign bidder. 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 until 'three [03] months' beyond the specified "Contractual Period + Defect Liability Period"..

38.3 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.

39 ACTION IN CASE OF CORRUPT AND FRAUDULENT PRACTICES 39.1 GAIL requires that bidders/contractors observe the highest standard of ethics during the execution of contracts. In pursuance of this policy, the Employer defines, for the purposes of this provision, the terms set forth below :- i) “corrupt practice” means the offering, giving, receiving or soliciting of anything of value to influence improperly the actions of another party in the procurement process or in contract execution; ii) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer. iii) “collusive practice” means an arrangement among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition; iv) “coercive practice” means impairing or harming, or threatening to impair of harm, directly or indirectly, any party or the property of the party in influence improperly the actions of another party; b) will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; c) The employer will declare a firm ineligible pursuant to provision of Tender.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 22 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) d) The bidder(s) are required to execute the Integrity Pact attached in the bid document. In case a bidder does not sign the Integrity Pact, his bid shall be liable for rejection. 39.2 Bidder is required to furnish the complete and correct information / documents required for evaluation of their bids. If the information / documents forming basis of evaluation is found to be false / forged, the same shall be considered adequate ground for rejection of the Bids and forfeiture of EMD/Bid Security. 39.3 Incase, the information / document furnished by the vendor/contractor forming basis of evaluation of his bid is found to be false /forged after the award of the contract, GAIL shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such vendor/contractor without any prejudice to other rights available to GAIL under the contract such as forfeiture of CPBG/ Security Deposit, withholding of payment etc. 39.4 Incase this issue of submission of false document comes to the notice after execution of work, GAIL shall have full right to forfeit any amount due to the vendor/contractor alongwith forfeiture of CPBG/ Security Deposit furnished by the vendor/Contractor . 39.5 Further, such bidder/vendor/contractor shall be put on Blacklist/Holiday List of GAIL debarring them from future business with GAIL.

40 Public Procurement policy for Micro and Small Enterprises 40.1 The following provisions for Micro and Small Enterprises are set forth:

i) Issue of tender document to MSEs free of cost. ii) Exemption to MSEs from payment of EMD/Bid Security. iii) In Tender, participating Micro and Small Enterprises quoting price within the price band of L1 + 15% shall also be allowed to supply a portion of requirement by bringing down their prices to L1 price in a situation where L1 price is from someone other than a micro and small enterprise and such micro and small enterprises shall be allowed to supply upto 20% of the tendered value. In case of more than one such Micro and Small Enterprises, the supply shall be shared proportionately (to tendered quantity). Further, out of above 20%, 4% shall be from MSEs owned by SC/ST entrepreneurs. This quota is to be transferred to other MSEs in case of non-availability of MSEs owned by SC/ST entrepreneurs. iv) The quoted prices against various items shall remain valid in case of splitting of quantities of the items above. v) In case 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 supply of total tendered value subject to matching of L1 price.

vi) The MSEs owned by SC/ST entrepreneurs shall mean:- a) In case of proprietary MSE, Proprietor(s) shall be SC/ST. b) In case of partnership MSE, the SC/ST partners shall be holding atleast 51% share in the unit c) In case of private Limited Companies, at least 51%share is held by SC/ST. If the MSE is owned by SC/ST entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard. vii) The Public Procurement Policy for MSEs is meant for procurement of only goods produced & Services rendered by MSEs and hence shall not be applicable for works contracts viii) 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 :

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 23 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) a) Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises. b) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard. The above documents submitted by the bidder shall be duly certified by the Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) and notary public with legible stamp.

If the bidder does not provide the above confirmation or appropriate document or any evidence, then it will be presumed that they do not qualify for any preference admissible in the Public Procurement Policy (PPP) 2012. 40.2 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.

41 INTEGRITY PACT (Not applicable) The INTEGRITY PACT available in the tender document is an integral part of this tender document and all bidders have to execute the same on a plain paper. In case a bidder does not execute the Integrity Pact, his bid shall be liable for rejection.

42 AHR ITEMS In items rate contract where the quoted rates for the items exceed 50% of the estimate rates, such items will be considered as Abnormally High Rates (AHR) Items and payment of AHR items beyond the SOR stipulated quantities shall be made at the lowest amongst the following rates: I) Rates as per SOR, quoted by the Contractor/Bidder. II) Rate of the item, which shall be derived as follows: a. Based on rates of Machine and labour 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 prervailing market rates of machine, material and labour plus 15% to cover contractor’s supervision profit, overhead & other expenses.

43 VENDOR PERFORMANCE EVALUATION 43.1 Shall be as stipulated Annexure III to ITB herewith.

44 INCOME TAX & CORPORATE TAX 44.1 Income tax deduction shall be made from all payments made to the contractor as per the rules and regulations in force and in accordance with the Income Tax Act prevailing from time to time. 44.2 Corporate Tax liability, if any, shall be to the contractor’s account. 44.3 Work Contract tax/VAT as may be applicable shall be deducted as per trade tax. 45 “Bidders are advised to ensure timely submission of correct invoice (s) with all required supporting documents (s) within a period specified in Contract/LOA to enable GAIL to avail CENVAT credit.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 24 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) If CENVAT credit with respect to excise duty or service tax is not available to GAIL for any reason which is not attributable to GAIL, then GAIL shall not be obligated or liable to pay or reimburse excise duty or service tax charged in the invoice(s) and shall be entitled to/deduct/setoff/recover the such service tax or excise duty together with all penalties and interest if any, against any amounts paid or payable by GAIL to bidder.” 46 “Where GAIL has the obligation to discharge service tax liability under reverse charge mechanism and GAIL has paid or is / liable to pay service tax to the Government on which interest or penalties becomes payable as per Point of Taxation Rules, 2011 for any reason which is not attributable to GAIL or CENVAT credit with respect to such payments is not available to GAIL for any reason which is not attributable to GAIL, then GAIL shall be entitled to deduct / setoff/ recover such amounts against any amounts paid or payable by GAIL to bidder.

======X ======

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 25 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

SSEECCTTIIOONN -- IIIIII

FFOORRMMSS AANNDD FFOORRMMAATTSS

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 26 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-1 BIDDER'S GENERAL INFORMATION

To GAIL (INDIA) LIMITED Kailaras SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

1. Name of Bidder / Firm ______

2. Status of Firm Proprietorship Firm / Partnership Firm [Mark √]

3. Number of Years in Operation ______

4. Registered Address ______

______

______

5. Operational Address [if different from above] ______

______

______

6. Telephone Number ______[Area Code] [Number]

7. E-mail ID & Website ______

8. Tele-fax Number ______[Area Code] [Number]

9. ISO Certification [If Any] [If 'Yes', Please Furnish Details]:

10. PERMANENT ACCOUNT NUMBER [PAN] ______[Enclose Copy of 'PAN']

11. TIN / CST / VAT ______[Enclose Copy of ‘Registration’ for TIN / CST / VAT]

12. SERVICE TAX NUMBER ______[Enclose Copy of 'Service Tax Registration Certificate']

13. RATE OF ‘SERVICE TAX’ APPLICABLE [%] ______ON QUOTED VALUE FOR ABOVE TENDER

Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 27 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-2 BID FORM

To GAIL (INDIA) LIMITED Kailaras

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

Dear Sir,

After examining / reviewing the Bidding Documents for contract FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR including "Specifications & Scope of Work", "General Conditions of Contract [GCC]", "Special Conditions of Contract [SCC]" and "Schedule of Rates [SOR]", etc. the receipt of which is hereby duly acknowledged, we, the undersigned, pleased to offer to execute the whole part of the work and in conformity with the said Bid Documents, including Addenda / Corrigenda Nos. ______.

We confirm that this Bid is valid for a period of "four [04] months" from the date of opening of "Techno-Commercial / Un-priced Bid", and it shall remain binding upon us and may be accepted by any time before the expiry of that period.

If our Bid is accepted, we will provide the "Contract Performance Security / Security Deposit" equal to "10% [ten per cent] of the Contract Price" or as mentioned in Tender Document for the due performance within "fifteen [15] days" of such Award.

Until a final Agreement is prepared and executed, 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.

Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:

Duly authorized to sign Bid for and on behalf of ______

[Signature of Witness] Name of Witness: i) Address:

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 28 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-3 LIST OF ENCLOSURES

To, GAIL (INDIA) LIMITED Kailaras

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

Dear Sir,

We are enclosing the following documents as part of the Bid:

1. Proof of documents to substantiate "Bid Evaluation Criteria [BEC]"

2. Copy of Bidding Documents alongwith "Addenda / Corrigenda" Nos. …………………., duly signed and stamped on each page, in token of confirmation that Bid Documents are considered in full while preparing the Bid and in case of Award, Work will be executed in accordance with the provisions detailed in Bid Documents.

Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 29 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-4 PROFORMA OF "BANK GUARANTEE" FOR "EARNEST MONEY / BID SECURITY" (To be stamped in accordance with the Stamp Act)

Ref...... Bank Guarantee No...... Date...... To: M/s GAIL (INDIA) LIMITED KAILARAS

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 up to ______[this date should be six (06) months after the date finally set out for closing of tender]. 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 authorized officer, has set its hand and stamp on this ______day of ______200 __ at ______.

WITNESS:

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

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

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 30 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-5 LETTER OF AUTHORITY

[Pro forma for Letter of Authority for Attending Subsequent 'Negotiations' / 'Pre-tendering Conferences' /'Un-priced Bid Opening' / 'Price Bid Opening']

Ref: Date:

To GAIL (INDIA) LIMITED Kailaras

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

Dear Sir,

I/We, ______hereby authorize the following representative(s) for attending any 'Negotiations' / 'Conferences [Pre-tendering Conference]', '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.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 31 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-6 "NO DEVIATION" CONFIRMATION

To GAIL (INDIA) LIMITED Kailaras

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

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 'exception / deviation' anywhere in the Bid and we agree that if any 'deviation / exception' is mentioned or noticed, our Bid may be rejected.

Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 32 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-6A DECLARATION

To GAIL (INDIA) LIMITED Kailaras

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

Dear Sir,

We hereby confirm that we are not under any 'liquidation', any 'court receivership' or similar proceedings and 'bankruptcy'.

We further confirm that, we have not been blacklisted or kept under holiday by any Public Sector Undertaking / Government Organization / GAIL (India) Limited.

We agree that if any noticed in future, our Bid may be rejected / terminated.

Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 33 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-7 CERTIFICATE

To GAIL (INDIA) LIMITED Kailaras

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

Dear Sir,

If we become a successful Bidder and pursuant to the provisions of the Bidding Documents, award is given to us FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR the following Certificate shall be automatically enforceable:

"We agree and acknowledge that the Employer is entering into the Agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood & agreed that the Government of India is not a party to the Agreement and has no liabilities, obligations or rights there under. It is expressly understood and agreed that the Employer is authorized to enter into Agreement, solely on its own behalf under the applicable laws of India. We expressly agree, acknowledge and understand that the Employer is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Agreement. Accordingly, we hereby expressly waive, release and forego any and all actions or claims, including cross claims, VIP claims or counter claims against the Government of India arising out of the Agreement and covenants not to sue to Government of India as to any manner, claim, cause of action or things whatsoever arising of or under the Agreement."

Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 34 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-8 PROFORMA OF "BANK GUARANTEES" FOR "CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT" (ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE) To, M/s GAIL (INDIA) LIMITED KAILARAS

Dear Sir(s), M/s.______have been awarded the work of______vide LOA No. ______or GAIL (India) Limited, 16, BhikaijiCama Place, R.K. Puram, New Delhi.

The Contracts conditions provide that the CONTRACTOR shall pay a sum of Rs.______(Rupees ______) as full Contract Performance Guarantee in the form therein mentioned. The form of payment of Contract Performance Guarantee includes guarantee executed by Nationalized Bank, undertaking full responsibility to indemnify GAIL (INDIA) LIMITED, 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) LIMITED 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 on demand, a penal interest of 18% per annum shall become payable immediately and any dispute arising 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 favor 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 Authorized to sign on behalf of the Bank INSTRUCTIONS FOR FURNISHING "CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT" BY "BANK 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. The same should be kept valid in accordance with "ITB: Clause-39". 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 Employer and copy to Consultant confirming its net worth is more than Rs. 100,00,00,000.00 [Rupees One Hundred Crores] or its equivalent in foreign currency alongwith documentary evidence.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 35 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) F-9 FORM FOR "TERMS & CONDITIONS" [PLEASE SUBMIT THIS FORMAT ALONGWITH THE OFFER/BID FOR ITS DETAILED EVALUATION]

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

S/N DESCRIPTION DETAILS/CONFIRMATIONS 1 FOLLOWING DOCUMENTS ARE SUBMITTED TO SUBSTANTIATE "BEC": BEC -A

TO BEC -E 2 "CONFIRMATION" TO TERMS & CONDITIONS: 1 FIRM PRICE 2 EARNEST MONEY / BID SECURITY 3 SCOPE OF WORK 4 SPECIAL CONDITIONS OF CONTRACT 5 GENERAL CONDITIONS OF CONTRACT 6 SCHEDULE OF RATES/PRICE SCHEDULE / PRICE BASIS [CONFIRMED ALL TERMS & CONDITIONS AS PER 7 DURATION / PERIOD OF CONTRACT RFQ & TENDER DOCUMENT] 8 PERIOD OF VALIDITY OF BID

9 PRICE REDUCTION SCHEDULE [PRS] [TO BE CONFIRMED BY THE BIDDER] 10 CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT 11 GUARANTEE / DEFECT LIABILITY PERIOD 12 ARBITRATION / JURISDICTION OF COURT 13 FORCE MAJEURES 14 DOCUMENTARY EVIDENCE TO SUBSTANTIAT E “BID EVALUATION CRITERIA [BEC]’ 15 INTEGRITY PACT

NOTE: UFURTHER, IT IS ONCE AGAIN REMINDED NOT TO MENTION ANY CONDITION IN THE BID WHICH IS CONTRADICTORY TO THE TERMS AND CONDITIONS OF “RFQ & TENDER DOCUMENT” 3 CONTACT DETAILS OF BIDDER: DETA ILED POSTAL ADDRESS CONTACT PERSON PHONE NO. FAX NO. E-MAIL MOBILE / CELL NO. 4 E-BANKING ACCOUNT DETAILS: Name of Bank: Account No: Branch Code: OR [IN EITHER, "STATE BANK OF INDIA" / "HDFC BANK" / "ICICI BANK" (ONLY), HAVING "E-BANKING" FACILITY] WE CONFIRM THAT PAYMENTS SHALL BE RECEIVED BY "E-BANKING" MODE, ONLY THROUGH "STATE BANK OF INDIA" / "HDFC BANK" / "ICICI BANK" IN CASE OF RECEIPT OF ORDER FROM GAIL. 5 DETAILS OF "EMD/BID SECURITY" SUBMITTED NOTE: PLEASE SUBMIT THIS "FORM" DULY FILLED ALONGWITH THE OFFER/BID Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 36 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-10 FORMAT FOR "REGRET LETTER"

[TO BE SUBMITTED ON THE LETTERHEAD OF THE FIRM / BIDDER, IN CASE OF NON-SUBMISSION OF OFFER / BID]

Ref : Dated :

To GAIL (INDIA) LIMITED Vill.:Rithonia, Teh.: Kailaras Dist.: Morena-476 224 Ph.: + 91 8225000262

SUB: REGRET LETTER

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

Dear Sir,

With reference to subject Tender, we are unable to quote due to the reason mentioned below:

1) The 'Service' does not fall in our 'Servicing' range

2) We do not meet "Bid Evaluation Criteria [BEC]" as specified in Tender

3) We cannot meet the 'scope of work' as specified in Tender

4) Capacity Constraint

5) Any other reason [please specify]

Yours faithfully,

Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 37 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

Format F-11 ‘PROFORMA’ FOR CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 [MSMED ACT 2006)”

REF: GAIL/KLR/SME /TENDER NO. GAIL/KLR/C&P/15/M533/PL

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

You may aware that “Micro, Small and Medium Enterprises Development Act 2006” (‘MSMED’) has been come into force w.e.f. 2nd October 2006, which has repealed the provisions of the old Act regarding Small Scale Industrial undertakings.

2. As per the MSMED Act, Enterprises engaged in the manufacture / production of goods or rendering / providing of services are to be classified into Micro, Small and Medium enterprises based on the investment in plant and machinery/equipment.

3. Such Enterprises are required to file a memorandum in the prescribed form to the appropriate authority as mentioned in the MSMED Act.

4. The term Enterprises stated in the above paragraph includes Proprietorship, Hindu undivided family, Association of persons, Cooperative Society, Partnership firms, undertaking or any other legal entity.

5. For your ready reference, the definitions of Micro, Small and Medium enterprises are given below: Classification of enterprises engaged in: (a) Manufacture or production of goods pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act 1951 as: Nature of Enterprise Investment in Plant & Machinery (#) Micro Does not exceed Rs. 25 Lacs Small More than Rs. 25 Lacs but does not exceed Rs. 5 Crores Medium More than Rs. 5 Crores but does not exceed Rs. 10 Crores

(b) Providing or rendering services: Nature of Enterprise Investment in Equipment Micro Does not exceed Rs. 10 Lacs Small More than Rs. 10 Lacs but does not exceed Rs. 2 Crores Medium More than Rs. 2 Crores but does not exceed Rs. 5 Crores

(#) In calculating the investment in plant & machinery, the cost of pollution control, research and development, industrial safety devices and such other items as may be specified will be excluded

6. You are therefore requested to fill the “Format” [proforma attached] and submit the same along with proof of valid document/ certificate [indicating registration no.] in your offer. In case same is not submitted along with your offer, it will be presumed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act 2006.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 38 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

Format - 11 (A)

CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 (MSMED ACT 2006)

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

1. We confirm that provisions of “Micro, Small and Medium Enterprises Development Act 2006” (‘MSMED’) are applicable to us and our organization falls under the definition of:

a. Micro Enterprise - [ ]

b. Small Enterprise - [ ]

c. Medium Enterprise - [ ] (Please put a tick in the appropriate box)

2. Copy of proof of valid document/ certificate [indicating registration no.] of being a Micro/ Small/ Medium Enterprises is enclosed.

Place: Signature of Authorised Signatory Date: Name: Designation: Seal:

Note: In case above Format along with proof of valid document/ certificate [indicating registration no.] is not submitted in offer, it will be presumed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act 2006.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 39 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-12 FORMAT FOR "e-BANKING"

REF: GAIL/KLR/E-BANKING/TENDER NO. GAIL/KLR/C&P/15/M533/PL

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

Sub: E-payment to ‘Vendors/Contractors/Customers’

We are pleased to inform you that GAIL has adopted e-payment system for all ‘Vendors/Contractors/Customers’ through e- banking to avoid delay in payment, loss of instrument like DD/Cheque in transit, etc and ensure faster payment.

In view of above, you being a valuable ‘Customer/Contractor/Vendor’ to GAIL are requested to open your account in any of the designated bank as given below for making payment to you through e-banking:

1. State Bank of India 2. HDFC Bank

To facilitate this transaction, you are requested to forward us the following two documents (format enclosed) duly filled in, stamped and signed by authorized signatory at the earliest.

1. Format -1: This format is to be filled by the Vendor/Customer/Contractor on their letter head

2. Format -2: This format is to be filled by the Banker (of Vendor/Customer/Contractor) on their letter head

On receipt of above mentioned documents, your bank account details will be ‘created/added’ in our e-banking system. Payment against ‘existing/future’ contracts/orders (if any) shall be directly made to your account with intimation to you.

Please arrange to forward your authorization in above prescribed formats (attached)

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 40 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

Format-1 of F-12 (CREATION/ADDITION)

[FORMAT APPLICABLE FOR ‘VENDORS/CUSTOMERS/CONTRACTORS’ DESIROUS OF RECEIVING PAYMENT THROUGH E-BANKING IN THEIR BANK ACCOUNT DIRECTLY]

THIS FORMAT IS TO BE FILLED BY THE ‘VENDOR/CUSTOMER/CONTRACTOR’ ON THEIR LETTER HEAD

REF: GAIL/KLR/E-BANKING/TENDER NO. GAIL/KLR/C&P/15/M533/PL Dated :

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

To, M/s GAIL (India) Ltd, Vill.:Rithonia, Teh.: Kailaras Dist.: Morena-476 224 Ph.: + 91 8225000262

Sub: Consent for receiving payment through e-banking directly in our account maintained in ‘SBI/HDFC/ICICI’ Bank.

Dear Sir/Madam,

We are pleased to forward our consent to receive payment directly to our ‘bank account’ through e-banking. Required details are given below:

1. Vendor/Customer’s name with detail address: ______Tel. no ______Fax No.______Email ID: ______2. Vendor Code: ______(As mentioned in ‘address block’ of RFQ issued by GAIL)

3. Name of bank with detail address: ______Tel. no ______Fax No.______Email ID: ______

4. Branch code : ______

5. Bank account no.: ______

6. Account type (Current/Saving): ______

7. MICR code: ______

8. IFSC Code: ______

Further to above, please find herewith our bank details ‘duly verified’/furnished by our banker for creation/addition in your e- banking system and releasing payment directly to our bank account accordingly.

Thanking you,

(Authorized Signatory with name and seal)

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 41 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

Format-2 of F-12 (CREATION/ADDITION)

[FORMAT APPLICABLE FOR ‘VENDORS/CONTRACTORS/CUSTOMERS’ DESIROUS OF RECEIVING PAYMENT THROUGH E-BANKING IN THEIR BANK ACCOUNT DIRECTLY]

THIS FORMAT IS TO BE FILLED BY THE BANKER (OF VENDOR/CUSTOMER/CONTRACTOR) ON THEIR LETTER HEAD

REF: GAIL/KLR/E-BANKING/TENDER NO. GAIL/KLR/C&P/15/M533/PL Dated :

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

To, M/s ______

Dear Sir/Madam,

Sub: ‘Verification/Furnishing’ of Particulars of ‘Account Holder’

This has reference to your request for the following ‘Particulars’ to be furnished/verified from this bank, wherein you have account and the same is in vogue.

1. Name of bank with detail address: ______Tel. no______Fax No.______Email ID: ______

2. Branch code : ______

3. Account type(Current/Saving): ______

4. Bank account no.: ______

5. MICR code: ______6. IFSC Code: ______

(Authorized Signatory with name and seal)

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 42 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

F-13

SUB: TENDER NO. GAIL/KLR/C&P/15/M533/PL FOR SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

ACKNOWLEDGEMENT CUM COSENT LETTER

(On receipt of tender document/information regarding the tender, Bidder shall acknowledge the receipt and confirm his intention to bid or reason for non-participation against the enquiry /tender through e-mail/fax to concerned executive in GAIL issued the tender, by filling up the Format)

To, ………………………(C&P) GAIL (India) Ltd. …………

E-mail : ……………………@gail.co.in Fax : ……………………………………..

Sub. TENDER NO. ……………………………….. DATED………………. FOR…………………………. (NAME OF ITEMS/JOB)

Dear Sir, We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/job and/or the information regarding the subject tender.

We intend to bid as requested for the subject item/job and furnish following details with respect to our quoting office:

Postal Address with Pin Code : ...... Telephone Number : ...... Fax Number : ...... Contact Person : ...... E-mail Address : ...... Mobile No. : ...... Date : ...... Seal/Stamp : ......

We are unable to bid for the reason given below: Reasons for non-submission of bid:

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

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 43 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

Format- 14

S.N Commercial Terms Bidder's Confirmation 1 Offered Discount 2 Price Basis(F.O.R / Ex-Works/FOT Site) 3 Fright(per unit / Value) 4 P&F(per unit/ % Value) 5 ED (% or Value) 6 CST /VAT with Form 'C' CSY/VAT % Without Form 'C' 7 Transit Insurance (If Applicable) 8 Service Tax Considering abetment(if applicable) 9 Any other Charges 10 Payment Terms 11 Delivery Schedule 12 Bid Validity:90/120 Days 13 Warranty Terms

FORMAT FOR DETAILED COMMERCIAL TERMS & CONDITIONS ( To be filled and submitted with Un-priced Bid i.e Part A)

Your Quation No & Date : Name of Contact Person : Phone / Mobile No : E- mail ID :

(Signature with Seal of the Vendor)

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 44 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

SSEECCTTIIOONN –– IIVV

SSPPEECCIIAALL CCOONNDDIITTIIOONNSS OOFF CCOONNTTRRAACCTT // SSCCOOPPEE OOFF WWOORRKK// SSPPEECCIIFFIICCAATTIIOONNSS

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 45 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) SPECIAL CONDITIONS OF CONTRACT

1.0 GENERAL INFORMATION 1.1 The "Special Conditions of Contract [SCC]" shall be read in conjunction with the "General Conditions of Contract [GCC]", "Schedule of Rates [SOR]", "Scope of Work" and any other document forming part of the Contract, wherever the context so requires. 1.2 Notwithstanding, the sub-divisions of the documents into separate sections, each part shall be deemed to be supplementary of every other part and shall be read with and into the Contract so far as it may be practicable to do so. 1.3 Where any portion of the "GCC" is repugnant to or at variance with any provisions of the "SCC", unless a different intention appears the provisions of the "SCC" shall be deemed to override the provisions of "GCC", and shall to the extent of such repugnancy or variations, prevail. In case of any contradiction, the decision of the "Engineer-in-Charge [EIC]" will be final and binding on the Seller. 1.4 The Seller shall deploy diligent, experience, smart, intelligent and hard-working persons in the skilled, semi-skilled categories as required. 2.0 SITE INFORMATION It is understood that before quoting the rates, the Bidder has visited the work-site and has acquainted himself fully with the nature and quantum of job to be carried out by him in case of award of contract. Ignorance of this will not be considered after the award of Contract. The Seller will be responsible to complete the entire job in all respects, including any other work necessary to complete the job satisfactorily, though specifically not covered in the "Scope of Work 3.0 WATER, POWER AND OTHER UTILITIES 3.1 No water and power shall be provided by the OWNER. It shall be the responsibility of the SELLER to arrange water and power at his own cost for execution of work. However at places where Grid power is available, then GAIL will provide the same subject to availability at site. 3.2 In case of water logging in the excavated portion, the SELLER has to arrange de-watering pump and generator. 4.0 TIME PERIOD & O RDER OF WORKS 4.1 The time period for the execution of the job contract will be 2 Months apart from the mobilization time of 10 days to be reckoned from the date of placement of order. 4.2 The order in which the work shall be carried out subject to the approval of the Engineer-In-Charge and shall be so as to suit the detailed methodology adopted by the SELLER, as well as the agreed joint programme. The work shall be carried out in a manner so as to enable the other SELLER, if any, to work concurrently. 4.3 OWNER reserves the right to fix up priorities which will be conveyed by Engineer-In-Charge and the SELLER shall plan and execute work accordingly. 5.0 SCOPE OF WORK : Design, supply, installation, testing & commissioning of 1.5KWp rating solar power systems complete in all respects along with SPV panels, Charge controller, electronics etc., SPV panel structures, cables, Batteries, LED Lights, power distribution board, enclosures and other associated accessories, operation & maintenance manual and demonstration of performance at site to meet Technical & general specifications as mentioned in SOR/SCC. 6.0 SELLER’S SCOPE OF SUPPLY & OBLIGATION: Apart from OWNER’s obligation mentioned in the clause no. 5 of SCC, all other obligations/responsibilities are with the SELLER to complete the entire job to the satisfaction of the OWNER . 7.0 MOBILISATION ADVANCE No mobilization advance will be given.

8.0 INSPECTION / CONSTRUCTION AIDS, EQUIPMENT, TOOLS AND TACKLES The clause no: 86.1 of GCC stand modified to the following extent only: 8.1 SELLER shall be solely responsible for making available for executing the work, all requisite Equipment, Special Aids, Tools, Tackles and Testing equipment and appliances suitable for this type of work. Such equipment shall be subject to examination and approval by OWNER for the same being in first class operating condition. Any discrepancies pointed out by OWNER shall be immediately got rectified, repaired or the equipment replaced altogether, by SELLER within a reasonable time frame. OWNER shall not in any way be responsible for providing any such equipment, tools and tackles etc. other than what is mentioned under OWNER’S OBLIGATION. 8.2 Contracted rates shall be deemed to be inclusive of custom duties, if any, applicable on the equipment & machinery imported from abroad and set up in India for the execution of this contract. No adjustment in contracted rates shall be permissible for any change in duty as specified above. 8.3 DEMURRAGE, WHARFAGE ETC. 8.3.1 All demurrage, wharfage and other expenses incurred due to delayed clearance of the equipments as above or any other reason shall be to the account of the SELLER. 9.0 PRICE ESCALATION

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 46 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 9.1 The contract price shall be deemed to be firm and valid for the entire duration of the contract till the completion of work, and shall not be subject to any adjustment due to increase in prices of materials, utilities, or any other input for performance of work under the contract. 10.0 COMPLIANCE WITH LAWS 10.1 The SELLER shall abide by all applicable rules, regulations, statutes, laws governing the performance of works in India, including but not limited to the following: i) Contract Labour (Regulation & Abolition) Act. ii) Payment of Wages Act. iii) Minimum Wages Act. iv) Employer's Liability Act. v) Factory Act vi) Apprentices Act vii) Workman's Compensation Act viii) Industrial Dispute Act. ix) Environment Protection Act. x) Any other Statute, Act, Law as may be applicable for establishing, maintaining, running of coating plant. 10.2 Similarly the SELLER shall abide by all the applicable rules, regulations, statutes, laws governing the performance of works outside India, if applicable. 10.3 OWNER shall not be responsible for any default by SELLER due to lack of information on the part of the SELLER. 11.0 SCHEDULE OF RATES The Schedule of Rates (SOR) shall be read in conjunction with Special Conditions of Contract, General Conditions of Contract, Technical Specifications, Drawings and any other document forming part of the contract. The quantities shown against the various items are only approximate and subject to variations as per the stipulation made in General Conditions of Contract. The contracted rates shall include any variations in the quantities of work. All the works, item wise, shall be measured upon completion and paid for at the contracted rates. In case any activity though specifically not covered in Schedule of Rates description but the same is covered under Scope of work/ specification/Drawings etc., no extra claim on this account shall be entertained, since SOR is to be read in conjunction with SCC, GCC, Technical specifications, drawings & any other documents forming part of the contract. All items of work in the Schedule of Rates shall be carried out as per the specifications, drawings and instructions of the Engineer-In-Charge and the Rate so quoted in Schedule of Rates shall be inclusive of all materials, consumables, labour, supervision, tools and tackles, as well as preparatory, incidental, intermediate/auxiliary/ancillary or enabling works etc.

12.0 ENTRY PASSES, GATE PASSES, WORK PERMITS & SAFETY REGULATIONS 12.1 ENTRY PASSES 12.1.1 The SELLER has to apply for photo entry passes for his workers & staff in a prescribed Performa available with OWNER. The photo entry passes shall be issued by OWNER for a maximum period of three months and if extension is required by the SELLER, he has to apply separately for extension. As a special case temporary entry passes for a maximum period of seven days may be issued. 12.1.2 Non-utilized/Expired entry passes shall have to be submitted immediately to OWNER. 12.1.3 In case of loss of any entry pass, the SELLER has to lodge FIR with local Police Station and inform the Engineer- In-Charge and will have to pay Rs.l50.00 against each computerized entry pass and Rs.50.00 for ordinary photo pass. 12.1.4 Identity card issued by the security section should always be carried /displayed by SELLER’s employee on person while working inside the plant/platform/RR. 12.2 GATE PASSES To bring materials/equipments/tools/ tackles etc. inside the plant for Construction Work, the SELLER has to produce challans/proper documents to the OWNER’s personnel at gate. The materials shall be checked thoroughly by the OWNER’s personnel at gate and recorded in their register before allowing any materials to bring inside the Plant/platform by SELLER/his representative. It is SELLER’s responsibility to see that the Recorded Entry No., Date, Signature of OWNER’s authorized representative personnel with stamp are there on the challan/supporting documents before taking any materials inside the plant. In addition to above, entry of the material will be permitted only during the stipulated working hour, and more so, if consignee is available to receive the said material. To take SELLER’s materials out of the plant, the SELLER has to apply with specific purpose/reasons to the Engineer-In- Charge, attaching challans/ supporting documents signed by OWNER’s personnel at gate during entry. Moreover, a certificate from the Management certifying that the nomenclature and specification shown in the challan confirms to the original one as correct, will be issued. The SELLER shall abide by security regulations as enforced by OWNER from time to time. 12.3 WORK PERMIT COLD WORK permits are to be obtained for the jobs which are not coming under the category of HOT WORK and where there is not risk of fire like: (i) Transportation/backfilling of ordinary soil in manual process. (ii) Arrangement for making Welding/Hot WORK both, setup for temporary power/water connection, shed for protecting M/cs from rain etc.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 47 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) (iii) Cold application of hot & cold insulating materials on pipes & equipments. (iv) Hydro testing. (v) Shuttering, fixing of reinforcement, hand mix concreting, plastering, brickwork, etc. According to the nature of WORK and use of various types of equipments & tools the SELLER has to apply for Cold/Hot permits in a prescribed format at least three days before the WORK is planned to start. No WORK permit shall be issued by the competent authority unless proper arrangement is made by the SELLER at site to ensure safe performance of WORK inside the plant/platform. Job wise and area wise permit shall be issued to the SELLER and against each permit at least one construction supervisor and one safety supervisor of required level shall always be made available at site by the SELLER. The supervisor shall have sufficient experience in relevant field. 12.4 VEHICLE PERMIT Permits are to be obtained separately for Entry/use of vehicles/Trailers etc. inside the plant. The following requirements are to be met to obtain vehicle permit: (l) Vehicle/Equipment etc. should be brought to site in good condition. (2) Muffler/Spark arrestor of approved quality is to be provided at exhaust pipe end and fuel tank should be locked. (3) Cover should be provided on battery. (4) Valid road tax certificate, fitness certificate and insurance policy from competent authority. (5) Valid operating/driving license of driver/operator. (6) Valid load test certificate from competent authority. 12.5 VALIDITY OF THE PERMIT (l) Permit is valid between 9.30 hrs and l7.30 hrs. (2) No permit is valid if it is not renewed by the Shift-In-Charge/his representative in shifts (morning & evening). (3) The permit shall be issued for a maximum period of one month and if extension is required, the SELLER has to apply for fresh permit. (4) As a special case working hours beyond l7.30 hrs may be extended up to l9:00 hrs after taking approval of Engineer-In- Charge, if the SELLER applied for extended hours in well advance with valid reasons. (5) No permit is valid on holidays unless special permission is obtained from the competent authority. 12.6 SAFETY REGULATIONS 12.6.1 REGARDING WORK PERMIT The WORK shall be carried out inside the plant/platform as per safety practices enforced by OWNER safety section and instruction of EIC issued from time to time. Many times it may happen that the working hours shall be drastically reduced or increased to meet certain safety requirements and the SELLER shall meet these requirements without any argument for time and financial implementation. To obtain WORK permit and to satisfy all conditions laid down therein, shall be the responsibility of the SELLER. No claim for idling of machinery, plant, manpower etc. for safety reasons or non-issuance of WORK permit by EIC, Safety Section shall be considered. The SELLER shall abide by all safety regulations of the plant and ensure that safety equipment for specific job kit as stipulated in the factory act/safety handbook is issued to the employee during the execution of WORK, failing which all the WORKS at site will be suspended. 12.6.2 REGARDING USE OF VEHICLE (l) Vehicle must not play on any road within the plant at a speed exceeding permitted speed for particular plant. (2) Mobile crane/loaded trucks/trailers must not exceed speed limit of l0 km/hr. inside the plants. (3) No crane is allowed to move inside the plant with load. (4) No vehicle is allowed to park inside the plant. 13.0 TERMS OF PAYMENT 13.1 FOR SUPPLY: GAIL shall release 80% payment within 15 days after receipt and acceptance of items at site through e-banking. CPBG for 10% of order value to be submitted within 15 days from the purchase order. Balance 20% of the material value after successful Installation , Testing & Commissioning of Solar Power system duly certified by Engineer-In-Charge through e- banking. Sellers are therefore, requested to advise account no. in any SBI/HDFC/ICICI branch which having e-banking in their bid. 13.2 FOR SERVICES: 100% payments towards services shall be made after successful Installation, Testing & Commissioning of Solar Power system duly certified by Engineer-In-Charge through e-banking. Testing period shall be 3 months after installation & commissioning. 13.3 PAYING AUTHORITY: HOD (F&A) GAIL (INDIA) LIMITED, KAILARAS COMPRESSOR STATION. Distt: Moraina, MP

13.4 CONSIGNEE

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 48 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) DELIVERY SCHEDULE: AS DEFINED IN IFB

14.0 ORGANISATION FOR THIS WORK Subject to the provisions in the contract document and without prejudice to SELLER’s liabilities and responsibilities to provide adequate qualified skilled, semi-skilled and unskilled personnel on the work, SELLER shall deploy site organization and augment the same as decided by the Engineer-in-Charge depending upon the job requirement & the exigencies of work so as to complete all works within the contracted time schedule and without any additional cost to OWNER. 15.0 EQUIPMENTS, TOOLS & TACKLES The SELLER shall without prejudice to his overall responsibility to execute and complete the work as per specifications and time schedule, progressively deploy adequate equipments, tools & tackles and augment the same as decided by the Engineer-in-Charge depending on the exigencies of the work so as to complete all works within the contracted time schedule and without any additional cost to OWNER. 16.0 TESTS AND INSPECTION 16.1 The SELLER shall carry out the various tests as per the technical documents that will be furnished to him during the performance of the work and no separate payment shall be made unless otherwise specified in schedule of rates. 16.2 All the tests either on the field or at outside laboratories concerning the execution of the work shall be carried out by the SELLER at their own cost. 16.3 The SELLER shall provide for purposes of inspection, vehicle access ladders, lighting and necessary instruments at his own cost for inspection work. 16.4 Any work not conforming to execution drawings, specifications or codes shall be rejected forthwith and the SELLER shall carry out the rectifications at his own cost. 16.5 Inspection and acceptance of work shall not relieve the SELLER from any of his responsibilities under this contract. 16.6 Statutory fees paid to statutory authorities for repeat tests and inspection due to failures, repairs etc. reasons attributable to the SELLER shall be borne by the SELLER. 16.7 The SELLER shall submit the schedules well in advance to the EICs of GAIL work centres for deputing site engineers for inspection/witnessing the survey work in their respective regions. 17.0 DRAWINGS The drawings accompanying the tender document are indicative & issued for tendering purpose only. These drawings indicate the general scheme as well as the layout to enable the SELLER to make an offer in line with the requirements of the OWNER. Detailed construction drawings on the basis of which actual execution of work is to proceed will be furnished to the SELLER progressively based on the detailed construction evolved after the award of work and also based on construction progress achieved. However, no extra claim whatsoever shall be entertained for any variation in the “Approved/issued for construction” and “Tender drawings” regarding any changes/units. 18.0 MAKE OF MATERIALS 18.1 All equipment and materials to be used under this contract shall be from MNRE approved vendors for solar system and associated items. For batteries only the reputed make like Exide/Luminoous/Amaron etc shall be used in the job. For LED lights and power equipments ISI grade reputed make like Philips/Anchor/Syska/Crompton greaves will be used. 18.2 Wherever any make item is specified by a brand name, manufacturer or vendor, the make mentioned shall be for establishing type, function and quality desired. Other makes will be considered, provided sufficient information is furnished to the OWNER to assess the makes proposed by the SELLER as equivalent and acceptable. 18.3 Where the makes of materials are not indicated in the tender document, SELLER shall furnish details of proposed makes and use the same after written approval of EIC. 19.0 CLEARANCE OF SITE/QUALITY OF WORK SELLER or his authorized representative shall be available at site at all times, during the progress of the work. 20.0 ADHERENCE TO SPECIFICATION The work shall be carried out as per IS/NACE/BS/ANSI standard for the entire survey work. Wherever these codes are silent, the same shall be governed by sound engineering practice. And the decision of EIC in matter of interpretation shall be final and binding on the SELLER. 21.0 CHANGES IN QUANTITIES OF ITEMS DURING EXECUTION The quantities indicated in the Scheduled of Rates are based on the information available as at present and may vary during execution depending upon site conditions. If the quantities of any item(s) change to any extent due to any reason whatsoever, the SELLER shall be bound to execute them at the rates quoted by him. The payment shall accordingly make based on the actual quantity executed. 22.0 DEFECT LIABILITY / WARRANTY PERIOD & SECURITY DEPOSIT: 22.1 Defects liability period shall be 12 months from the date of completion of entire works. The Contract Performance Security / Security Deposits shall be 10% of the total estimated Contract value is to be remitted by the Successful Bidder / Seller within 15 days of issue of the “Letter of Acceptance (LOA)”. However, the Earnest Money Deposit (EMD) remitted by the Successful Bidder / Seller can be converted / adjusted towards Contract Performance Security / Security Deposit, only if submitted in the form of Demand Draft / Banker’s Cheque.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 49 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 22.2 No interest shall be payable by the Owner / GAIL to the Seller for the amount of Contract Performance Security / Security Deposit remitted by him for fulfilment of the terms & condition of the Contract. 22.3 The Seller can furnish the Contract Performance Security / Security Deposit amount through Demand Draft / Banker’s Cheque / Bank guarantee as per Clause of “Instruction To Bidders (ITB)” in the prescribed performa. The same shall be valid throughout the entire period of the Contract and until the expiry of the ‘Defect Liability / Warranty Period’ as a security for the satisfactory execution & completion of works in accordance with the Scope of Work, Terms & Condition of the Contract. 22.4 The Contract Performance Security / Security Deposit of the Seller shall be forfeited, if any statement / documents furnished by the Successful Bidder / Seller is found false and/or fabricated. 22.5 The Contract Performance Security / Security Deposit as above, after adjustment of any dues to Owner / GAIL, which may arise during the execution of the Contract, shall be refunded after expiry of the ‘Defect Liability / Warranty Period.’ 23.0 DOCUMENTATIONS / REPORTS The Seller will maintain all records and relevant documents as required. The Seller will submit the day-to-day work progress and inspection reports to respective "SIC/EIC". The materials, design and workmanship shall satisfy the applicable relevant Indian Standards, the job specifications contained herein and codes referred to. Where the job specifications stipulate requirements in addition to those contained in the standard codes and specifications, these additional requirements shall also be satisfied. 24.0 TERMINATION OF CONTRACT 24.1 In case, the Seller's performance is not found satisfactory as per the opinion of "EIC" at any point of time during the Contract, the Contract may be terminated by giving a fifteen [15] days' notice. Any loss incurred by the Owner / GAIL on this account shall be recovered from the Seller. GAIL may engage another agency to complete pending jobs under this Contract at the risk and cost of the Seller. If it is observed that work cannot be completed within the stipulated time, GAIL may get the work done through other agency(s) at the risk and cost of the Seller . 24.2 Without prejudice to any rights under this Contract, if the Seller dies, the "EIC" on behalf of the GAIL shall have the option of terminating the Contract without compensation to the Seller .. 25.0

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 50 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

26..0 ALL OTHER TERMS & CONDITIONS OF THE CONTRACT SHALL BE AS PER "GENERAL CONDITIONS OF CONTRACT [GCC]" OF THIS TENDER DOCUMENT.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 51 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

DETAILED SCOPE OF WORK & TECHNICAL SPECIFICATIONS

DETAIL SCOPE OF WORK & SPECIFICATIONS 1.0 INTRODUCTION :: 1.1 GAIL (India) Limited operating Approx. 11000 Km cross country network of gas pipeline. HVJ gas pipeline and its branch pipelines of various diameters ranging from 48" to 4" have been laid underground to supply natural gas to various customers such as Power Plants, Fertiliser Plants, Chemical Plants, etc. in the States of Gujarat, Madhya Pradesh, Rajasthan, Uttar Pradesh, Haryana and Delhi through a network of pipelines. 1.2 GAIL is having SV (Sectionalising valves) stations along pipelines for safety purpose. At most of these stations, street pole based solar lights are installed. However GAIL intends to use centralized small capacity 1.5 KWp rating solar based solar system with batteries, LED lights and various other accessories as defined in SOR and SCC with power distribution circuit. 1.3 Solar energy is the most readily available source of energy. It does not belong to anybody and is, therefore, free. It is also the most important of the non-conventional sources of energy because it is non-polluting and, therefore, helps in lessening the greenhouse effect. 2..0 BREIF SCOPE OF WORK: Design, supply, installation, testing & commissioning of Solar Power System of 1.5 KWp, 24 VDC rating complete in all respects along with SPV panels, Solar Invertors, 300AH Battery bank lead acid maintenance free for solar application cs etc., SPV panel structures, cables, LED Lights, Enclosures, distribution box and other associated accessories, operation instruction manual, maintenance manual and demonstration of performance at site to meet Technical & general specifications as mentioned in tender. 2.1 The scope of work includes but not limited to the following.

Design, supply, installation, testing & commissioning of Solar PV Power System not less than 1.5 KWp, 24V rating, at:-

[i] GAIL IP-2 (GREP P/L), BURDHA, DISTRICT: SHIVPURI,MP. [ii] RR 5 (GREP P/L), MARA, DISTRICT-MORENA,MP. [iii] IP station Rithoniya, Tehsil-Kailaras, Dist-Morena, MP. [iv] SV-1, KMPL, Village-Thara, Tehsil-Jora, Dist-Morena, MP [v] SV-2,KMPL, Village-Rameshwaram ka Pura, Tehsil-Banmore, Morena, MP. [vi] Banmore DT station, Tehsil-Banmore, Dist-Morena, MP. [vii] SV-1, Rairu, Tehsil & Dist-Gwalior,MP

TOTAL SYSTEMS TO BE INSTALLED- 7 NOS b) Detailed planning of smooth execution of the project considering our requirement specified in SOR/SCC. c) System installation, testing and commissioning at the sites. d) Performance testing of the complete system & warranty of the system for 02 year faultless operation after commissioning. e) Vendor shall provide after sales service directly or through local contractual arrangement. f) Risk liability of all personnel associated with the implementation realization of the project g) Installation and commissioning of power system complete in all respect shall be in the scope of the bidder. h) The bidder is responsible for arranging all the accessories and measuring instruments, tools & tackles required to smoothly commission the solar power system. i) The work shall be carried out under the direction and supervision of the Engineer -in-charge /their representative at site. On acceptance of the tender, the contactor shall intimate the name of his accredited representative who would be supervising the construction and would be responsible for taking instruction for carrying out work. j) If the need arises during commissioning, the bidder must keep one engineer on site of installation for the period of 7 days, or the period mutually decided with GAIL, for system integration. k) GAIL’s decision with the regard to the quality of the material and workmanship will be final. Any material rejected by the Engineer -in-charge shall be immediately removed from the site of work by the contractor at his own cost and risk without any compensation . l) Any job not mentioned in tender but required for successful installation & commissioning of system in totality shall be in the scope of bidder/ vender. k) An acceptance report after commissioning shall be prepared and signed by Vendor & GAIL jointly.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 52 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) l) The scope of work also includes civil work of below mentioned systems and associated accessories in accordance with the technical specification and satisfactory operation under prevalent operating and climatic conditions of site unless otherwise specified. m) The bidder can visit the site before quoting for the entire work. The bidder shall quote after taking in to consideration all aspects of the site. Quoted rates shall be inclusive of installation, commissioning & testing charges. No extra claim shall be entertained at post project stage.

3..0 DESIGN CRITERIA FOR SOLAR PV POWER SYSTEM: The bidder should be able to design, supply, install commission and integrate the solar power system of rating not less than 1.5 KWp, 24V, for mainly the lighting and electrical utilities at site. Bidder should ensure the following while designing the solar system- [A] It should be capable to cater the system load i.e. minimum 150W, 24V DC round the clock without any interruption, considering 02 (Two) days autonomy (continuous 02 non sunny days) [B] Average Sun shine/ day: 5 Peak hours [C] The system should provide charging to exiting battery banks/loads on solar power and grid both (230 V AC). Solar inverter to be used for the purpose.

4.0. TECHNICAL SPECIFICATIONS OF MAJOR COMPONENTS OF HYBRID Type 1.5 KWp, 24V SOLAR PV POWER SYSTEM: (ANY OTHER COMPONENT REQUIRED FOR SATISFACTORY INSTALLATION & PERFORMANCE WILL BE IN THE SCOPE OF VENDER) LIST OF MAJOR COMPONENTS TO BE SUPPLIED AND INSTALLAED i) Solar PV modules and array, rating: 1.5 KWp, 24 V ii) Module mounting structures for Solar PV Modules iii) Solar Inverter type charge controller, Rating: 1.5 KW for solar with Grid charging facility (1 PHASE 230 V AC, 50 HZ) Input and Output both. iv) 24 V,300 AH Lead Acid maintenance type battery bank for solar application. v) Field enclosures for battery bank and electronics as per site conditions. vi) LED lights 50 W with fitting and fixtures for outdoor purpose on building roof- 02 Nos. vii) LED lights 15 W with fitting and fixtures for Indoor purpose-02 Nos viii) Junction Boxes and AC power distribution board v) DC Distribution Board vi) Cables and accessories (Suitable size & length to be considered depending upon site location) vii) Earthing and lightning protection as per prevailing standard. Existing earth pits may be used if found to be sufficient.

4.1 SOLAR PV MODULE & ARRAY High power and high efficiency crystalline cells shall be used in the Solar Photovoltaic module . To connect the solar module interconnection cable shall be provided . Photo / electrical conversion efficiency of SPV module shall be greater than 12%. Module shall be made of high transmissivity glass front surface giving high encapsulation gain and hot butyl rubber edge sealant for module protection and mechanical support. All materials used shall have a proven history of reliable and stable operation in external applications. It shall perform satisfactorily in relative humidity up to 100% with temperatures between -10 Deg C and +85 Deg C and with stand gust up to 150 km/h from back side of the panel. Solar module shall be crystalline type, employing lamination technology using established polymer (EVA) and Tedlar or Polyester laminate or any other advance technology. Offered modules must be IEC 61215 certified and IEC 61730 certified. These must be UL listed. The bidder shall submit appropriate certificates. Other general requirements of PV module:- • The rated output power of any supplied module shall not vary more than 3-5% from the average power rating of all modules. • The module frame is made of corrosion resistant materials, which is electrolytically compatible with the structural material used for mounting the module. • Protective devices against surges at the PV module shall be provided, if required. Low voltage drop bypass and / or blocking diode(s) may also be provided, if required. • Module Junction box (weather resistant) shall be designed for long life out door operation in harsh environment. Solar Power Systems for GAIL • A minimum warranty of 25 years shall be given with degradation of power generated not exceeding 10% over the entire 25 year period. • The solar modules shall have suitable encapsulation and sealing arrangements to protect the silicon cells from the environment. The arrangement and the material of encapsulation shall be compatible with the thermal expansion properties of the Silicon cells and the module framing arrangement/material. The encapsulation arrangement shall ensure complete moisture proofing for the entire life of the solar modules. • Each module shall have low iron tempered glass front for strength and superior light transmission. It shall also have tough multi layered polymer back sheet for environment protection against moisture and provide high voltage electrical insulation.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 53 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) • The fill factor of modules shall not be less than 0.70 (typical) • Array capacity shall be suitable to the requirement and calculations should be provided by the bidder. Depending on size of the power plant, number of modules required shall be worked out accordingly. • Data sheet of the offered module shall be submitted along with the offer giving details of peak power, peak current, short circuit current, fill factor, open circuit voltage, peak power voltage etc. Orientation and Tilt of PV Module Modules alignment and tilt angle shall be calculated to provide the maximum annual energy output. This shall be decided based on the location of array installation. Further the PV modules should be from MNRE approved vendor.

4.2 MODULE MOUNTING STRUCTURE • The array structure shall be made of hot dip galvanized MS angles of size not less than 50 mm x 50 mm x 6 mm size. The minimum thickness of galvanization shall be at least 100 microns. All nuts & bolts shall be made of very good quality stainless steel. The minimum clearance of the lowest part of the module structure and the developed ground level shall not be less than 500 mm. The structure shall have tilt span of 0 to 60 deg in steps of 5 deg. • Leg assembly of module mounting structure made of different diameter galvanized tubes may be accepted. The work should be completed with supply, fitting fixing of clamps, saddles, nut & bolts etc. While quoting the rate, the bidder may mention the design & type of structure offered. All nuts & bolts shall be made of very good quality stainless steel. • The structure shall be designed to allow easy replacement of any module and shall be in line with site requirements. • The structure shall be designed for simple mechanical and electrical installation. It shall support SPV modules at a given orientation, absorb and transfer the mechanical loads to the ground properly. There shall be no requirement of welding or complex machinery at site. • The array structure shall be so designed that it will occupy minimum space without sacrificing the output from SPV panels at the same time it will withstand wind speed up to maximum 200 km/h. • The supplier/manufacturer shall specify installation details of the PV modules and the support structures with appropriate diagrams and drawings. • The drawings along with detailed design shall be submitted to GAIL for approval before starting the execution work. The work will be carried out as per designs approved by GAIL. PCC ARRAY FOUNDATION BASE: The legs of the structures made with GI angles will be fixed and grouted in the PCC foundation columns made with 1:1.5:3 cement concrete. The minimum clearance of the lowest part of any module structure shall not be less 500 mm from ground level. While making foundation design, due consideration shall be given to weight of module assembly, maximum wind speed of 150 km/hr and seismic factors for the site. The foundation design of module mounting structure shall be submitted to GAIL for approval. The work will be carried out as per designs approved by GAIL.

4.3 SOLAR INVERTER/PCU) TECHNICAL SPECIFICATIONS

Type MPPT BASED SOALR POWER CONDITIONING UNIT

Technology DSP Based MPPT Technology

Solar PCU Rating 2000 VA

PV Charge Controller Rating 1500Wp

Input Parameters

Nominal I/P DC Voltage 24V

Input DC Voltage Range 22.0-28.8V ± 0.4 V

Low Battery cut off 22.0V±0.4

High Battery shutdown 31V±2V

No load Power Consumption with No Less than 10W load shutdown enable

Output Parameters

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 54 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) Waveform & Regulation Pure Sine Wave 220V±2%

Efficiency (typical)at linear load ≥88%

Total Load 1KW@UPF

Transfer Time inverter to mains & Typical>20msec vice-versa

GRID CHARGER

Grid I/P Voltage Range 150 VAC to 275 VAC ±10V

Charging Current 15Amp + 1Amp

SOLAR CHARGE CONTROLLER

Type MPPT

Charging Current Imax. Peak 1kWp PV Module 30A input current, Vmp approx. 34V in ideal Test Conditions

Bulk Voltage 28.8+ Temperature Compensation

Adjustable Bulk Voltage (Adjustable 27.6V-28.8V) factory setting 28.8V

Float Voltage 27.4V+Temp. Compensation

Solar Inverter shall have the following indications:- 1. Array ON 2.GRID ON 2. Charger ON 3. Charger FAIL 4. Fault 5. Array reverse polarity 6. Battery reverse polarity • MCBs shall be provided for Array and load. •Built-in cable drop and temperature compensation. •Robust Enclosure.

4.4 JUNCTION BOXES The junction boxes shall be dust, vermin and waterproof and made of FRP. The terminals shall be connected to copper bus bar arrangement of proper sizes. The junction boxes shall have suitable cable entry points fitted with cable glands of appropriate sizes for both incoming and outgoing cables. Suitable markings shall be provided on the bus bar for easy identification and cable ferrules shall be fitted at the cable termination points for identification. The junction boxes shall have suitable arrangement for the following: • Combine groups of modules into independent charging sub-arrays that shall be wired to the Solar Charge Controller. • Provide a test point for each sub-group for quick fault location. • To provide group array isolation. • The rating of the JB’s shall be suitable with adequate safety factor to inter connect the Solar PV array. 4.5 BATTERY BANKS The old existing battery bank (as mentioned above) installed at the RR stations will be used in this system. The bidder should study the existing battery bank at the site, before quoting the rates. The boost charging report of the battery bank if required by the bidder will be made available after placement the order. Supply of battery bank is not in the scope of the bidder; however the system integration will be in the bidder’s scope. 4.6 DC DISTRIBUTION BOARD It shall have MCCB/MCB of suitable rating for connection and disconnection of array output . 4.7 CABLE AND ACCESSORIES

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 55 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) All the cables shall be supplied conforming to IS 1554 / 694 Part 1 of 1988 & shall be of 650 V/ 1.1 KV grade as per requirement. Only cross polyethylene copper cables shall be used. The size of the cables between array interconnections, array to junction boxes, junction boxes to SCR etc shall be so selected to keep the voltage drop and losses to the minimum. The bidder shall supply installation accessories, which are required to install and successfully commission the solar power system. 4.8 EARTHING AND LIGHTNING PROTECTION Earthing : The array structure of the PV yard shall be grounded properly using adequate number of earthing pits. All metal casing / shielding of the plant shall be thoroughly grounded to ensure safety of the power plant. Lightning: The SPV Power Plant shall be provided with lightning & over voltage protection. The main aim in this protection shall be to reduce the over voltage to a tolerable value before it reaches the PV or other sub system components. The source of over voltage can be lightning, atmosphere disturbances etc. Metal oxide variastors shall be provided inside the Array Junction Boxes/Charge controllers (Solar Inverter). 4.9 FIELD ENCLOSURES: Weather proof field enclosures will be provided for the batteries and electronics provided for the system. However, if possible Indoor arrangement may be used, but in case there is no such option, then properly designed enclosures must be designed for the system. 4.10 LED LIGHTS: 02 nos of LED lights of rating 230 V AC, 50 W for outdoor lighting along with fittings and fixtures and 02 Nos of LED lights of rating 230 V AC, 15 W along with fitting and fixtures for indoor use must be supplied, installed and tested at site. The mounting arrangement on existing structures will be made so that these lights can be assessed for easy maintenance. The distribution box, switch board, wiring etc shall be in the scope of the vendor 5.0 BILL OF MATERIALS A complete Bill of Materials inclusive of Solar PV Modules, solar inverters, batteries, array Junction box, main junction box, cables, Array mounting structures, LED lights, electrical distribution boxes etc. shall be provided along with the offer. The numbers of each component proposed for supply shall be clearly specified. The items not listed in BOM but required for successful installation/commissioning of power system shall also be added, as required. The offer will be on lumsum basis as per SOR for successful completion of job at each site. Any item not covered in SOR/SCC/SOW but required for the completion of the job will be arranged by the vendor for the successful completion of the job. 6.0 SPARE PARTS Bidder shall keep stock of essential spares at their nearest service center and/or for 1 year of warranty. However bidder shall list out spare parts required for power system. The same list along with price shall be submitted to GAIL. GAIL will buy essential spares as per the requirement after the warranty period. 7.0 AFTER SALES SERVICES The bidder shall give the details of their service center in the state of Madhya Pradesh and ensure that essential men and materials are placed to ensure quick and efficient after sales service. 8.0 DOCUMENTATION Two sets of installation manual / user manual in the form of hardcopy and softcopy in pen drive/CD shall be supplied along with the each power plant. The manual shall include complete system details such as array lay out, schematic of the system, working principle etc. Step by step maintenance, frequency of maintenance and troubleshooting procedures shall be clearly mentioned in the manuals.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 56 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

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TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 57 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

General Conditions of Contract-GOODS

INDEX

1. Definitions

2. Seller to inform

3 Application

4. Country of origin

5. Scope of Contract

6. Standards

7. Instructions, direction & correspondence

8. Contract Obligations

9. Modification in Contract

10. Use of Contract Documents & Information

11. Patent Rights, Liability & Compliance of Regulations

12. Performance Guarantee

13. Inspection, Testing & Expediting

14. Time Schedule & Progress Reporting

15. Delivery & Documents

16. Transit Risk Insurance

17. Transportation

18. Incidental Services

19. Spare Parts, Maintenance Tools, Lubricants

20. Guarantee

21. Terms of Payment

22. Prices

23. Subletting & assignment

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 58 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 24. Time as Essence of Contract

25. Delays in the Seller’s Performance

26. Price Reduction Schedule for Delayed delivery

27. Rejections, Removal of rejected equipment & replacement

28. Termination of Contract

29. Force Majeure

30. Resolution of disputes/arbitration

31. Governing Language

32. Notices

33. Taxes & Duties

34. Books & Records

35. Permits & Certificates

36. General

37. Import Licence

38. Fall clause

39. Publicity & Advertising

40 Repeat Order

41 Limitation of Liability

1. Definitions In this document, General Conditions of Contract (GCC-Goods), the following terms shall have the following respective meanings:

1.0 BIDDER : Designates the individual or legal entity which has made a proposal, a tender or a bid with the aim of concluding a Contract with the PURCHASER.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 59 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 1.1 CONSULTANT [if engaged] shall mean M/s. ……………having its registered office at……………. The term consultant includes successors, assigns of M/s. ……….

1.2 CONTRACT shall mean Purchase Order/Contract and all attached exhibits and documents referred to therein and all terms and conditions thereof together with any subsequent modifications thereto.

1.3 CONTRACT PRICE shall mean the price payable to the Seller under the Contract for the full and proper performance of his contractual obligations.

1.4 COMPLETION DATE shall mean the date on which the goods are successfully commissioned by the Seller and handed over to the PURCHASER.

1.5 COMMERCIAL OPERATION shall mean the condition of the operation in which the complete equipment covered under the Contract is officially declared by the PURCHASER to be available for continuous operation at different loads up to and including rated capacity.

1.6 DELIVERY terms shall be interpreted as per INCO TERMS 2000 in case of Contract with a foreign Bidder and as the date of LR/GR in the case of a contract with an Indian Bidder.

1.7 DRAWINGS shall mean and include Engineering drawings, sketches showing plans, sections and elevations in relation to the Contract together with modifications and/or revisions thereto.

1.8 ENGINEER or Engineer-in-Charge of the Project SITE shall mean the person designated from time to time by PURCHASER/CONSULTANT at SITE and shall include those who are expressly authorized by him to act for and on his behalf for operation of this CONTRACT.

1.9 FINAL ACCEPTANCE shall mean the PURCHASER’s written acceptance of the Works performed under the Contract after successful completion of performance and guarantee test.

1.10 GOODS shall mean articles, materials, equipment, design and drawings, data and other property to be supplied by Seller to complete the contract.

1.11 INSPECTOR shall mean any person or outside Agency nominated by PURCHASER/CONSULTANT through CONSULTANT to inspect equipment, stagewise as well as final, before dispatch, at SELLER’s works and on receipt at SITE as per terms of the CONTRACT.

1.12 INITIAL OPERATION shall mean the first integral operation of the complete equipment covered under the Contract with sub-systems and supporting equipment in service or available for service.

1.13 PURCHASER shall mean GAIL (INDIA) LIMITED (GAIL) having its registered office at 16, BHIKAIJI CAMA PLACE, R.K.PURAM, NEW DELHI-110066 (INDIA). The term PURCHASER includes successors, assigns of GAIL.

1.14 PERFORMANCE AND GUARANTEE TESTS shall mean all operational checks and tests required to determine and demonstrate capacity, efficiency and operating characteristics as specified in the Contract documents.

PROJECT designates the aggregate of the Goods and/or Services to be provided by one or more Contractors.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 60 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) Quantities – Bills of quantities

Bills of quantities

Designate the quantity calculations to be taken into account when these calculations are made from detailed or construction drawings, or from work actually performed, and presented according to a jointly agreed breakdown of the Goods and/or Services.

1.15 SELLER shall mean the person, firm or company with whom PURCHASE ORDER/CONTRACT is placed/ entered into by PURCHASER for supply of equipment, materials and services. The term Seller includes its successors and assigns.

1.16 SERVICE shall mean erection, installation, testing, commissioning, provision of technical assistance, training and other such obligations of the Seller covered under the Contract.

1.17 SITE designates the land and/or any other premises on, under, in or across which the Goods and/or Services have to be supplied, erected, assembled, adjusted, arranged and/or commissioned.

1.18 SPECIFICATIONS shall mean and include schedules, details, description, statement of technical data, performance characteristics, standards (Indian as well as International) as applicable and specified in the Contract.

1.19 SUB-CONTRACT shall mean order placed by the Seller, for any portion of the contracted work, after necessary consent and approval of PURCHASER.

1.20 SUB-CONTRACTOR shall mean the person named in the CONTRACT for any part of the work or any person to whom any part of the CONTRACT has been sub-let by the SELLER with the consent in writing of the CONSULTANT/PURCHASER and will include the legal representatives, successors, and permitted assigns of such person.

1.21 START-UP shall mean the time period required to bring the equipments covered under the Contract from an inactive condition, when construction is essentially complete to the state of readiness for trial operation. The start-up period shall include preliminary inspection and check out of equipment and supporting subsystems, initial operation of the complete equipments covered under the Contract to obtain necessary pre-trial operation data, perform calibration and corrective action, shutdown inspection and adjustment prior to the trial operation period.

1.22 TESTS shall mean such process or processes to be carried out by the Seller as are prescribed in the Contract or considered necessary by PURCHASER or his representative in order to ascertain quality, workmanship, performance and efficiency of equipment or part thereof.

1.23 TESTS ON COMPLETION shall mean such tests as prescribed in the Contract to be performed by the Seller before the Works are taken over by the PURCHASER.

2. Seller To Inform

2.1 The Seller shall be deemed to have carefully examined all contract documents to his entire satisfaction. Any lack of information shall not in any way relieve the Seller of his responsibility to fulfill his obligation under the Contract.

3. Application

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 61 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 3.1 These General Conditions of Contract (GCC-Goods) shall apply to the extent that they are not superseded by provisions of other parts of the Contract.

4. Country of Origin

4.1 For purposes of this Clause “origin” means the place where the Goods were mined, grown or produced, or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembling of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components.

5. Scope of Contract

5.1 Scope of the CONTRACT shall be as defined in the PURCHASE ORDER/CONTRACT specifications, drawings and Annexure thereto.

5.2 Completeness of the EQUIPMENT shall be the responsibility of the SELLER. Any equipment, fittings and accessories which may not be specifically mentioned in the specifications or drawings, but which are usual or necessary for the satisfactory functioning of the equipment (successful operation and functioning of the EQUIPMENT being SELLER’s responsibility) shall be provided by SELLER without any extra cost.

5.3 The SELLER shall follow the best modern practices in the manufacture of high grade EQUIPMENT notwithstanding any omission in the specifications. The true intent and meaning of these documents is that SELLER shall in all respects, design, engineer, manufacture and supply the equipment in a thorough workmanlike manner and supply the same in prescribed time to the entire satisfaction of PURCHASER.

5.4 The SELLER shall furnish twelve (12) copies in English language of Technical documents, final drawings, preservation instructions, operation and maintenance manuals, test certificates, spare parts catalogues for all equipments to the PURCHASER.

5.5 The documents once submitted by the SELLER shall be firm and final and not subject to subsequent changes. The SELLER shall be responsible for any loss to the PURCHASER/CONSULTANT consequent to furnishing of incorrect data/drawings.

5.6 All dimensions and weight should be in metric system.

5.7 All equipment to be supplied and work to be carried out under the CONTRACT shall conform to and comply with the provisions of relevant regulations/Acts(State Government or Central Government) as may be applicable to the type of equipment/work carried out and necessary certificates shall be furnished.

5.8 The Seller shall provide cross sectional drawings, wherever applicable, to identify the spare part numbers and their location. The size of bearings, their make and number shall be furnished.

5.9 Specifications, design and drawings issued to the SELLER alongwith RFQ and CONTRACT are not sold or given but loaned. These remain property of PURCHASER/CONSULTANT or its assigns and are subject to recall by PURCHASER/CONSULTANT. The SELLER and his employees shall not make use of the drawings, specifications and technical information for any purpose at any time

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 62 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) except for manufacture against the CONTRACT and shall not disclose the same to any person, firm or corporate body, without written permission of PURCHASER/CONSULTANT. All such details shall be kept confidential.

5.10 SELLER shall pack, protect, mark and arrange for despatch of EQUIPMENT as per instructions given in the CONTRACT.

6. Standards

6.1 The GOODS supplied under the CONTRACT shall conform to the standards mentioned in the Technical Specifications, or such other standards which ensure equal or higher quality, and when no applicable standard is mentioned, to the authoritative standard appropriate to the GOODS’ country of origin and such standards shall be the latest issued by the concerned institution.

7. Instructions, Direction & Correspondence

7.1 The materials described in the CONTRACT are to be supplied according to the standards, data sheets, tables, specifications and drawings attached thereto and/or enclosed with the CONTRACT, itself and according to all conditions, both general and specific enclosed with the contract, unless any or all of them have been modified or cancelled in writing as a whole or in part.

a. All instructions and orders to SELLER shall, excepting what is herein provided, be given by PURCHASER/CONSULTANT.

b. All the work shall be carried out under the direction of and to the satisfaction of PURCHASER/CONSULTANT.

c. All communications including technical/commercial clarifications and/or comments shall be addressed to CONSULTANT in quintuplicate with a copy to PURCHASER and shall always bear reference to the CONTRACT.

d. Invoices for payment against CONTRACT shall be addressed to PURCHASER.

e. The CONTRACT number shall be shown on all invoices, communications, packing lists, containers and bills of lading, etc.

8. Contract Obligations

8.1 If after award of the contract, the Seller does not acknowledge the receipt of award or fails to furnish the performance guarantee within the prescribed time limit, the PURCHASER reserves the right to cancel the contract and apply all remedies available to him under the terms and conditions of this contract.

8.2 Once a contract is confirmed and signed, the terms and conditions contained therein shall take precedence over the Seller’s bid and all previous correspondence.

9. Modification In Contract

9.1 All modifications leading to changes in the CONTRACT with respect to technical and/or commercial aspects including terms of delivery, shall be considered valid only when accepted in writing by PURCHASER/CONSULTANT by issuing amendment to the CONTRACT. Issuance of

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9.2 PURCHASER/CONSULTANT shall not be bound by any printed conditions or provisions in the SELLER’s Bid Forms or acknowledgment of CONTRACT, invoices, packing list and other documents which purport to impose any conditions at variance with or supplemental to CONTRACT.

10. Use of Contract Documents & Information

10.1 The Seller shall not, without the PURCHASER’s/ CONSULTANT’s prior written consent, disclose the CONTRACT or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the PURCHASER in connection therewith, to any person other than a person employed by the SELLER in the performance of the CONTRACT. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purpose of such performance.

10.1 The SELLER shall not, without the PURCHASER’s prior written consent, make use of any document or information enumerated in Article 10.1. except for purpose of performing the CONTRACT.

11. Patent Rights, Liability & Compliance of Regulations

11.1 SELLER hereby warrants that the use or sale of the materials delivered hereunder will not infringe claims of any patent covering such material and SELLER agrees to be responsible for and to defend at his sole expense all suits and proceedings against PURCHASER based on any such alleged patent infringement and to pay all costs, expenses and damages which PURCHASER and/or CONSULTANT may have to pay or incur by reason of any such suit or proceedings.

11.2 The SELLER shall indemnify the PURCHASER against all third party claims of infringement of patent, trade mark or industrial design rights arising from use of the GOODS or any part thereof in the PURCHASER’s country.

11.3 SELLER shall also protect and fully indemnify the PURCHASER from any claims from SELLER’S workmen/employees or their heirs, dependants, representatives, etc. or from any other person/persons or bodies/companies etc. for any acts of commissions or omission while executing the CONTRACT.

11.4 SELLER shall be responsible for compliance with all requirements under the laws and shall protect and indemnify completely the PURCHASER from any claims/penalties arising out of any infringements.

12. Performance Guarantee

12.1 Within 15 days after the SELLER’s receipt of notification of award of the CONTRACT, the SELLER shall furnish Performance Guarantee in the form of Bank Guarantee/irrevocable Letter of Credit to the PURCHASER, in the form provided in the Bidding Documents, for an amount equivalent to 10% of the total value of the CONTRACT.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 64 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 12.2 The proceeds of Performance Guarantee shall be appropriated by the PURCHASER as compensation for any loss resulting from the SELLER’s failure to complete his obligations under the CONTRACT without prejudice to any of the rights or remedies the PURCHASER may be entitled to as per terms and conditions of CONTRACT. The proceeds of this Performance Guarantee shall also govern the successful performance of Goods and Services during the entire period of Contractual Warrantee/Guarantee.

12.3 The performance guarantee shall be denominated in the currency of the CONTRACT.

12.4 The Performance Guarantee shall be valid for the duration of 90 days beyond the expiry of Warrantee/Guarantee period. The Bank Guarantee will be discharged by PURCHASER not later than 6 months from the date of expiration of the Seller’s entire obligations, including any warrantee obligations, under the CONTRACT.

13. Inspection, Testing & Expediting

13.1 The PURCHASER or its representative shall have the right to inspect and/or to test the GOODS to confirm their conformity to the CONTRACT specifications. The special conditions of CONTRACT and/or the Technical Specifications shall specify what inspections and tests the PURCHASER requires and where they are to be conducted. The PURCHASER shall notify the SELLER in writing the identity of any representative(s) retained for these purposes.

13.2 The inspections and tests may be conducted on the premises of the SELLER or his sub- contractor(s), at point of DELIVERY and/or at the GOODS’ final destination, When conducted on the premises of the SELLER or his sub-contractor (s), all reasonable facilities and assistance including access to the drawings and production data shall be furnished to the inspectors at no charge to the PURCHASER.

13.3 Should any inspected or tested GOODS fail to conform to the specifications, the PURCHASER may reject them and the SELLER shall either replace the rejected GOODS or make all alterations necessary to meet Specifications’ requirements, free of cost to the PURCHASER.

13.4 The PURCHASER’s right to inspect, test and where necessary reject the GOODS after the GOODS’ arrival in the PURCHASER’s country shall in no way be limited or waived by reason of the GOODS having previously been inspected, tested and passed by the PURCHASER, or their representative prior to the GOODS shipment from the country of origin.

13.5 The INSPECTOR shall follow the progress of the manufacture of the GOODS under the CONTRACT to ensure that the requirements outlined in the CONTRACT are not being deviated with respect to schedule and quality.

13.6 SELLER shall allow the INSPECTOR to visit, during working hours, the workshops relevant for execution of the CONTRACT during the entire period of CONTRACT validity.

13.7 In order to enable PURCHASER’s representatives to obtain entry visas in time, SELLER shall notify PURCHASER two months before assembly, testing and packing of main EQUIPMENT. If requested, SELLER shall assist PURCHASER’s representatives in getting visas in the shortest possible time (applicable only in case of foreign order).

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13.9 SELLER shall advise in writing of any delay in the inspection program at the earliest, describing in detail the reasons for delay and the proposed corrective action.

13.10 ALL TESTS and trials in general, including those to be carried out for materials not manufactured by SELLER shall be witnessed by the INSPECTOR. Therefore, SELLER shall confirm to PURCHASER by fax or e-mail about the exact date of inspection with at least 30 days notice. SELLER shall specify the GOODS and quantities ready for testing and indicate whether a preliminary or final test is to be carried out.

13.11 If on receipt of this notice, PURCHASER should waive the right to witness the test, timely information will be given accordingly.

13.12 Any and all expenses incurred in connection with tests, preparation of reports and analysis made by qualified laboratories, necessary technical documents, testing documents and drawings shall be at SELLER’s cost. The technical documents shall include the reference and numbers of the standards used in the construction and, wherever deemed practical by the INSPECTOR, copy of such standards.

13.13 Nothing in Article-13 shall in any way release the SELLER from any warrantee or other obligations under this CONTRACT.

13.14 Arrangements for all inspections required by Indian Statutory Authorities and as specified in technical specifications shall be made by SELLER.

13.15 Inspection & Rejection of Materials by consignees

When materials are rejected by the consignee, the supplier shall be intimated with the details of such rejected materials, as well as the reasons for their rejection, also giving location where such materials are lying at the risk and cost of the contractor/supplier. The supplier will be called upon either to remove the materials or to give instructions as to their disposal within 14 days and in the case of dangerous, infected and perishable materials within 48 hours, failing which the consignee will either return the materials to the contractor freight to pay or otherwise dispose them off at the contractor’s risk and cost. The PURCHASER shall also be entitled to recover handling and storage charges for the period, during which the rejected materials are not removed @ 5% of the value of materials for each month or part of a month till the rejected materials are finally disposed off.

14. Time Schedule & Progress Reporting

14.1 Time Schedule Network/Bar Chart

14.1.1 Together with the Contract confirmation, SELLER shall submit to PURCHASER, his time schedule regarding the documentation, manufacture, testing, supply, erection and commissioning of the GOODS.

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14.1.3 The original issue and subsequent revisions of SELLER’s time schedule shall be sent to PURCHASER.

14.1.4 The time schedule network/bar chart shall be updated at least every second month.

14.2 Progress Trend Chart/Monthly Report

14.2.1 SELLER shall report monthly to PURCHASER, on the progress of the execution of CONTRACT and achievement of targets set out in time bar chart.

14.2.2 The progress will be expressed in percentages as shown in the progress trend chart attached to the Time Schedule specification.

14.2.3 The first issue of the Progress Trend Chart will be forwarded together with the time bar chart alongwith CONTRACT confirmation.

14.3.1 PURCHASER’s/CONSULTANT’s representatives shall have the right to inspect SELLER’s premises with a view to evaluating the actual progress of work on the basis of SELLER’s time schedule documentation.

14.3.2 Irrespective of such inspection, SELLER shall advise CONSULTANT, with copy to PURCHASER, at the earliest possible date of any anticipated delay in the progress.

14.4 Notwithstanding the above, in case progress on the execution of contract at various stages is not as per phased time schedule and is not satisfactory in the opinion of the PURCHASER/CONSULTANT which shall be conclusive or SELLER shall neglect to execute the CONTRACT with due diligence and expedition or shall contravene the provisions of the CONTRACT, PURCHASER/CONSULTANT may give notice of the same in writing to the SELLER calling upon him to make good the failure, neglect or contravention complained of. Should SELLER fail to comply with such notice within the period considered reasonable by PURCHASER/CONSULTANT, the PURCHASER/ CONSULTANT shall have the option and be at liberty to take the CONTRACT wholly or in part out of the SELLER’s hand and make alternative arrangements to obtain the requirements and completion of CONTRACT at the SELLER’s risk and cost and recover from the SELLER, all extra cost incurred by the PURCHASER on this account. In such event PURCHASER/ CONSULTANT shall not be responsible for any loss that the SELLER may incur and SELLER shall not be entitled to any gain. PURCHASER/CONSULTANT shall, in addition, have the right to encash Performance Guarantee in full or part.

15. Delivery & Documents

15.1 Delivery of the GOODS shall be made by the SELLER in accordance with terms specified in the CONTRACT, and the goods shall remain at the risk of the SELLER until delivery has been completed.

15.2 Delivery shall be deemed to have been made :

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b) In case of FOT despatch point contract (For Indian bidder), on evidence that the goods have been loaded on the carrier and a negotiable copy of the GOODS receipt obtained. The date of LR/GR shall be considered as the date of delivery.

c) In case of FOT site (for Indian bidders) on receipt of goods by PURCHASER/Consultant at the designated site(s).

15.3 The delivery terms are binding and essential and consequently, no delay is allowed without the written approval of PURCHASER/CONSULTANT. Any request concerning delay will be void unless accepted by PURCHASER/CONSULTANT through a modification to the CONTRACT.

15.4 Delivery time shall include time for submission of drawings for approval, incorporation of comments, if any, and final approval of drawings by PURCHASER/

CONSULTANT.

15.5 In the event of delay in delivery, Price Reduction Schedule as stipulated in Article – 26 shall apply.

15.6 The documentation, in English Language, shall be delivered in due time, in proper form and in the required number of copies as specified in the contract.

15.7 The additional copies of final drawings and instructions will be included in the package of goods, properly enveloped and protected.

15.8 The SELLER should comply with the Packing, Marking and Shipping Documentation Specifications enclosed.

16. Transit Risk Insurance

16.1 All goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery.

16.2 Where delivery is on FOB or CFR basis, marine insurance shall be the responsibility of the Purchaser.

Insurance Requirements :

Indigenous Bidders : Transit risk insurance from F.O.T. despatch point onwards shall be arranged and borne by GAIL.

Foreign Bidders : Marine insurance as well as transit insurance in Purchaser’s country shall be arranged and borne by GAIL.

The SELLER shall ensure that in effecting despatch of materials, the primary responsibility of the carriers for safe movement is always retained so that the PURCHASER’s interests are fully safeguarded and are in no way jeopardised. The Seller shall furnish the cost of materials against each equipment.

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[The name and address-as mentioned under SCC]

17. Transportation

17.1 Where the SELLER is required under the CONTRACT to deliver the GOODS FOB, transport of the GOODS until delivery, that is, upto and including the point of putting the GOODS on board the export conveyance at the specified port of loading, shall be arranged and paid for by the SELLER and the cost thereof shall be included in the Contract price.

17.2 Where the SELLER is required under the CONTRACT to deliver the GOODS CFR or CIF, transport of the Goods to the port of discharge or such other point in the country of destination as shall be specified in the CONTRACT shall be arranged and paid for by the SELLER and the cost thereof shall be included in the Contract price.

18. Incidental Services

18.1 The Seller may be required to provide any or all of the following services:

18.1.1 Performance or supervision of onsite assembly and/or start-up of the supplied Goods:

18.1.2 Furnishing tools required for assembly and/or maintenance of the supplied Goods:

18.1.3 Performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Seller of any warrantee/guarantee obligations under the Contract.

18.1.4 Training of the Purchaser’s personnel at the Seller’s plant and/or at Site, in assembly, start-up operation, maintenance and/or repair of the supplied Goods at no extra cost. However, Purchaser will bear boarding, lodging & personal expenses of Trainees.

18.2 Prices charged by the Seller for the preceding incidental services, shall not exceed the prevailing rates charged to other parties by the Seller for similar services.

18.3 When required, Seller shall depute necessary personnel for supervision and/or erection of the Equipment at site for duration to be specified by Purchaser on mutually agreed terms. Seller’s personnel shall be available at Site within seven days for emergency action and twenty-one days for medium and long-term assistance, from the date of notice given by Purchaser.

18.4 The cost of incidental services shall not be included in the quoted prices. The cost of applicable incidental services should be shown separately in the price schedules.

19. Spare Parts, Maintenance Tools, Lubricants

19.1 Seller may be required to provide any or all of the following materials and notification pertaining to spare parts manufactured or distributed by the Seller.

19.1.1 Such spare parts as the Purchaser may opt to purchase from the Seller, provided that his option shall not relieve the Seller of any warrantee obligations under the Contract, and

19.1.2 In the event of termination of production of the spare parts:

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ii) Following such termination, furnishing at no cost to the Purchaser, the blue prints, drawings and specifications of the spare parts, if any when requested.

19.2 Seller shall supply item wise list with value of each item of spare parts and maintenance tools requirements, along with full details of manufacturers/vendors for such spares/maintenance tools for :

19.2.1 The construction, execution and commissioning.

19.2.2 Two years operation and maintenance.

19.3 Spare parts shall be new and of first class quality as per engineering standards/ codes, free of any defects (even concealed), deficiency in design, materials and workmanship and also shall be completely interchangeable with the corresponding parts.

19.4 Type and sizes of bearings shall be clearly indicated.

19.5 Spare parts shall be packed for long storage under tropical climatic conditions in suitable cases, clearly marked as to intended purpose.

19.6 A list of special tools and gauges required for normal maintenance and special handling and lifting appliances, if any, for the Goods shall be submitted to Purchaser.

19.7 Bidders should note that if they do not comply with Clause 19.2 above, their quotation may be rejected.

19.8 Lubricants

19.8.1 Whenever lubricants are required, Seller shall indicate the quantity of lubricants required for the first filling, the frequency of changing, the quantity of lubricants required for the one year’s continuous operation and the types of recommended lubricants indicating the commercial name (trade-mark), quality and grade.

19.8.2 If Seller is unable to recommend specific oil, basic recommended characteristics of the lubricants shall be given.

19.8.3 Seller shall indicate various equivalent lubricants available in India.

20. Guarantee

20.1 All Goods or Materials shall be supplied strictly in accordance with the specifications, drawings, data sheets, other attachments and conditions stated in the Contract.

No deviation from such specifications or alterations or of these conditions shall be made without PURCHASER’S /CONSULTANT’S agreement in writing which must be obtained before any work against the order is commenced. All materials supplied by the SELLER pursuant to the Contract (irrespective of whether engineering, design data or other information has been furnished, reviewed or approved by PURCHASER/CONSULTANT) are guaranteed to be of the best quality of their respective kinds (unless otherwise specifically authorised in writing by PURCHASER/CONSULTANT) and shall be free from faulty design, workmanship and materials,

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If any trouble or defect, originating with the design, material, workmanship or operating characteristics of any materials, arises at any time prior to twelve(12) months from the date of the first commercial operation of the Plant for which the materials supplied under the Contract form a part thereof, or twenty four (24) months from the date of last shipment whichever period shall first expire, and the SELLER is notified thereof, SELLER shall, at his own expense and as promptly as possible, make such alterations, repairs and replacements as may necessary to permit the materials to function in accordance with the specifications and to fulfil the foregoing guarantees.

PURCHASER/CONSULTANT may, at his option, remove such defective materials, at SELLER’S expense in which event SELLER shall, without cost to PURCHASER/CONSULTANT and as promptly as possible, furnish and install proper materials. Repaired or replaced materials shall be similarly guaranteed by the SELLER for a period of no less than twelve (12) months from the date of replacement/repair.

In the event that the materials supplied do not meet the specifications and/or not in accordance with the drawings data sheets or the terms of the Contract and rectification is required at site, PURCHASER/ CONSULTANT shall notify the SELLER giving full details of differences. The SELLER shall attend the site within seven (7) days of receipt of such notice to meet and agree with representatives of PURCHASER/ CONSULTANT, the action required to correct the deficiency. Should the SELLER fail to attend meeting at Site within the time specified above, PURCHASER/ CONSULTANT shall immediately rectify the work/ materials and SELLER shall reimburse PURCHASER all costs and expenses incurred in connection with such trouble or defect.

20.2 PERFORMANCE GUARANTEE OF EQUIPMENT

20.2.1 SELLER shall guarantee that the performance of the EQUIPMENT supplied under the CONTRACT shall be strictly in conformity with the specifications and shall perform the duties specified under the CONTRACT.

20.2.2 If the SELLER fails to prove the guaranteed performance of the EQUIPMENT set forth in the specification, the SELLER shall investigate the causes and carry out necessary rectifications/modifications to achieve the guaranteed performance. In case the SELLER fails to do so within a reasonable period, the SELLER shall replace the EQUIPMENT and prove guaranteed performance of the new equipment without any extra cost to PURCHASER.

20.2.3 If the SELLER fails to prove the guarantee within a reasonable period, PURCHASER/CONSULTANT shall have the option to take over the EQUIPMENT and rectify, if possible, the EQUIPMENT to fulfil the guarantees and/or to make necessary additions to make up the deficiency at Seller’s risk and cost. All expenditure incurred by the PURCHASER/ CONSULTANT in this regard shall be to SELLER’s account.

21. Terms of Payment

21.1 The method of payment to be made to the SELLER under this CONTRACT shall be specified in the Special Conditions of Contract.

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21.3 The SELLER’s request(s) for payment shall be made to the PURCHASER in writing accompanied by an invoice describing, as appropriate, the Goods delivered and services performed, and by shipping documents submitted, and upon fulfillment of other obligations stipulated in the Contract.

21.5 Payment will be made in the currency or currencies in which the Contract Price has been stated in the SELLER’s bid, as well as in other currencies in which the SELLER had indicated in his bid that he intends to incur expenditure in the performance of the Contract and wishes to be paid. If the requirements are stated as a percentage of the bid price along with exchange rates used in such calculations these exchange rates shall be maintained.

General Notes:

i) All foreign currency payments to foreign bidder shall be released through an irrevocable Letter of Credit, which shall be opened through Government of India Nationalised Bank and hence shall not be confirmed. In case any bidder insists on confirmation, charges towards confirmation shall be borne by him. L/C shall be established within 30 days after receipt of unconditional acceptance of Letter/Fax of Intent together with Performance Guarantee for 10% of total order/Contract value.

ii) For dispatches on FOT dispatch point (in India) basis, the payment shall be through PURCHASER’s bank. Payment through Bank, wherever applicable, shall be released as per normal banking procedures.

iii) Payment shall be released within 30 days after receipt of relevant documents complete in all respects.

iv) All bank charges incurred in connection with payments shall be to Seller’s account in case of Indian bidders and to respective accounts in case of Foreign bidder.

v) Unless otherwise specifically stated in bid document, all payments shall be made in the currency quoted.

vi) No interest charges for delay in payments, if any, shall be payable by PURCHASER.

vii) In case of Indian bidder, variation, if any, on account of customs duty on their built-in- import content, as per terms of bid document, shall be claimed separately by bidder after receipt of goods at site (s). However, any price benefits to the PURCHASER, on account of such variation as per terms specified in the bid document, shall be passed on to the PURCHASER along with invoicing itself.

viii) Agency commission, if any, to Indian agent for Foreign bidders, indicated in prices, shall be paid to the agent in equivalent Indian Rupees on receipt and acceptance of material at site.

22. Prices

22.1 Prices charged by the SELLER for Goods delivered and services performed under the CONTRACT shall not, with the exception of any price adjustments authorized by the Contract vary from the prices quoted by the SELLER in his bid.

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23.1 The contractor shall not without previous consent in writing of the PURCHASER authority, sublet, transfer or assign the contract or any part thereof or interest therein or benefit or advantage thereof in any manner whatsoever. Provided, nevertheless, that any such consent shall not relieve the contractor from any obligation, duty or responsibility under the contract.

24. Time As Essence of Contract

24.1 The time and date of delivery/completion of the GOODS/SERVICES as stipulated in the Contract shall be deemed to be the essence of the Contract.

25. Delays In The Seller’s Performance

25.1 If the specified delivery schedule is not adhered to or the progress of manufacture or supply of the items is not satisfactory or is not in accordance with the progress schedule the PURCHASER has the right to:

i) hire for period of delay from elsewhere goods which in PURCHASER’s opinion will meet the same purpose as the goods which are delayed and SELLER shall be liable without limitation for the hire charges; or

ii) cancel the CONTRACT in whole or in part without liability for cancellation charges. In that event, PURCHASER may procure from elsewhere goods which PURCHASER’s opinion would meet the same purpose as the goods for which CONTRACT is cancelled and SELLER shall be liable without limitations for the difference between the cost of such substitution and the price set forth in the CONTRACT for the goods involved; or

iii) hire the substitute goods vide (I) above and if the ordered goods continue to remain undelivered thereafter, cancel the order in part or in full vide (ii) above.

25.1 Any unexcusable delay by the SELLER or his sub-contractor shall render the SELLER liable, without prejudice to any other terms of the Contract, to any or all of the following sanctions: forfeiture of Contract performance guarantee, imposition of price reduction for delay in delivery and termination of the contract for default.

26. Price Reduction Schedule For Delayed Delivery

26.1 Subject to Article -29, if the SELLER fails to deliver any or all of the GOODS or performance the services within the time period (s) specified in the CONTRACT, the PURCHASER shall, without prejudice to his other remedies under the CONTRACT, deduct from the CONTRACT PRICE, a sum calculated on the basis of the CONTRACT PRICE, including subsequent modifications.

26.1.1 Deductions shall apply as per following formula:

In case of delay in delivery of equipment/materials or delay in completion, total contract price shall be reduced by ½ % (half percent) of the total contract price per complete week of delay or part thereof subject to a maximum of 5% (five percent) of the total contract price.

26.2 In case of delay in delivery on the part of Seller, the invoice/document value shall be reduced proportionately for the delay and payment shall be released accordingly.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 73 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 26.3 In the event the invoice value is not reduced proportionately for the delay, the PURCHASER may deduct the amount so payable by SELLER, from any amount falling due to the SELLER or by recovery against the Performance Guarantee.

Both seller and PURCHASER agree that the above percentages of price reduction are genuine pre estimates of the loss/damage which the PURCHASER would have suffered on account of delay/breach on the part of the SELLER and the said amount will be payable on demand without there being any proof of the actual loss/or damage caused by such breach/delay. A decision of the PURCHASER in the matter of applicability of price reduction shall be final and binding.

27. Rejections, Removal of Rejected Equipment & Replacement

27.1 Preliminary inspection at SELLER’s works by INSPECTOR shall not prejudice PURCHASER’s/ CONSULTANT’s claim for rejection of the EQUIPMENT on final inspection at SITE or claims under warranty provisions.

27.2 If the EQUIPMENTS are not of specification or fail to perform specified duties or are otherwise not satisfactory the PURCHASER/CONSULTANT shall be entitled to reject the EQUIPMENT/MATERIAL or part thereof and ask free replacement within reasonable time failing which obtain his requirements from elsewhere at SELLER’s cost and risk.

27.3 Nothing in this clause shall be deemed to deprive the PURCHASER AND/OR AFFECT ANY rights under the Contract which it may otherwise have in respect of such defects or deficiencies or in any way relieve the SELLER of his obligations under the Contract.

27.4 EQUIPMENT rejected by the PURCHASER/ CONSULTANT shall be removed by the Seller at his cost within 14 days of notice after repaying the amounts received against the SUPPLY. The PURCHASER shall in no way be responsible for any deterioration or damage to the EQUIPMENT under any circumstances whatsoever.

27.5 In case of rejection of EQUIPMENT, PURCHASER shall have the right to recover the amounts, if any, from any of CONTRACTOR’S invoices pending with PURCHASER or by alternative method(s).

28. Termination of Contract

28.1 Termination for Default

28.1.1 The PURCHASER may, without prejudice to any other remedy for breach of CONTRACT, by written notice of default sent to the SELLER, terminate the CONTRACT in whole or in part:

A) If the SELLER fails to deliver any or all of the GOODS within the time period(s) specified in the CONTRACT; or

B) If the SELLER fails to perform any other obligation(s) under the CONTRACT, and

C) If the SELLER, in either of the above circumstances, does not cure his failure within a period of 30 days (or such longer period as the PURCHASER may authorize in writing) after receipt of the default notice from the PURCHASER.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 74 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 28.1.2 In the event the PURCHASER terminates the CONTRACT in whole or in part, pursuant to Article 28.1.1, the PURCHASER may procure, upon such terms and in such manner as it deems appropriate, goods similar to those undelivered and the SELLER shall be liable to the PURCHASER for any excess costs for such similar GOODS. However, the SELLER shall continue performance of the CONTRACT to the extent not terminated.

28.1.3 In case of termination of CONTRACT herein set forth (under clause 28) except under conditions of Force Majeure and termination after expiry of contract, the VENDOR shall be put under holiday [i.e. neither any enquiry will be issued to the party by GAIL (India) Ltd. Against any type of tender nor their offer will be considered by GAIL against any ongoing tender (s) where contract between GAIL and that particular VENDOR (as a bidder) has not been finalized] for three years from the date of termination by GAIL (India) Ltd. to such VENDOR.

28.2 Termination for Insolvency

28.2.1 The PURCHASER, may at any time, terminate the CONTRACT by giving written notice to the SELLER, without compensation to the SELLER, if the SELLER becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the PURCHASER.

28.3 Termination for Convenience

28.3.1 The PURCHASER may, by written notice sent to the SELLER, terminate the CONTRACT, in whole or part, at any time for his convenience. The notice of termination shall specify that termination is for the PURCHASER’s convenience, the extent to which performance of work under the CONTRACT is terminated and the date upon which such termination becomes effective.

28.3.2 The GOODS that are complete and ready for shipment within 30 days after the SELLER’s receipt of notice of termination shall be purchased by the PURCHASER at the CONTRACT terms and prices. For the remaining GOODS, the PURCHASER may opt:

a) to have any portion completed and delivered at the CONTRACT terms and prices, and /or

b) to cancel the remainder and pay to the SELLER an agreed amount for partially completed GOODS and for materials and parts previously procured by the SELLER.

29. Force Majeure

29.1 Shall mean and be limited to the following:

a) War/hostilities

b) Riot or Civil commotion

c) Earthquake, flood, tempest, lightening or other natural physical disaster.

d) Restrictions imposed by the Government or other Statutory bodies which prevents or delays the execution of the Contract by the SELLER.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 75 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) The SELLER shall advise PURCHASER/ CONSULTANT by a registered letter duly certified by the local Chamber of Commerce or statutory authorities, the beginning and end of the above causes of delay

within seven (7) days of the occurrence and cessation of such Force Majeure Conditions. In the event of delay lasting over one month, if arising out of causes of Force Majeure, PURCHASER/CONSULTANT reserves the right to cancel the Contract and the provisions governing termination stated under Article 28.0 shall apply.

For delays arising out of Force Majeure, the SELLER shall not claim extension in completion date for a period exceeding the period of delay attributable to the causes of Force Majeure and neither PURCHASER/CONSULTANT nor SELLER shall be liable to pay extra costs provided it is mutually established that Force Majeure Conditions did actually exist.

SELLER shall categorically specify the extent of Force Majeure Conditions prevalent in their works at the time of submitting their bid and whether the same have been taken into consideration or not in their quotations. In the event of any force majeure cause, the SELLER or the PURCHASER shall not be liable for delays in performing their obligations under this order and the delivery dates will be extended to the SELLER without being subject to price reduction for delayed deliveries, as stated elsewhere.

30. Resolution of Disputes/ Arbitration

30.1 The PURCHASER and the SELLER shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract.

30.2 If, after thirty days from the commencement of such informal negotiations, the PURCHASER and the SELLER have been unable to resolve amicably a Contract dispute, either party may require that the dispute be referred for resolution to the formal mechanism as specified hereunder.

30.3 Legal Construction

The Contract shall be, in all respects be construed and operated as an Indian Contract and in accordance with Indian Laws as in force for the time being and is subject to and referred to the Court of Law situated within Union Territory of New Delhi.

30.4 Arbitration

All disputes, controversies, or claims between the parties (except in matters where the decision of the Engineer-in-Charge is deemed to be final and binding) which cannot be mutually resolved within a reasonable time shall be referred to Arbitration by a sole arbitrator.

The PURCHASER (GAIL (India) Limited) shall suggest a panel of three independent and distinguished persons to the Seller to select any one among them to act as the sole Arbitrator.

In the event of failure of the Seller to select the Sole Arbitrator within 30 days from the receipt of the communication suggesting the panel of arbitrators, the right of selection of Sole Arbitrator by the other party shall stand forfeited and the PURCHASER shall have discretion to proceed with the

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 76 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) appointment of the Sole Arbitrator. The decision of the PURCHASER on the appointment of Sole Arbitrator shall be final and binding on the parties.

The award of the Sole Arbitrator shall be final and binding on the parties and unless directed/awarded otherwise by the Sole Arbitrator, the cost of arbitration proceedings shall be shared equally by the parties. The arbitration proceeding shall be in English language and the venue shall be at New Delhi, India.

Subject to the above, the provisions of (Indian) Arbitration & Conciliation Act, 1996 and the rules framed thereunder shall be applicable. All matters relating to this contract are subject to the exclusive jurisdiction of the Courts situated in the State of Delhi (India).

Seller may please note that the Arbitration & Conciliation Act 1996 was enacted by the Indian Parliament and is based on United nations Commission on International Trade Law (UNCITRAL model law), which were prepared after extensive consultation with Arbitral Institutions and centers of International Commercial Arbitration. The United Nations General Assembly vide resolution 31/98 adopted the UNCITRAL Arbitration rules on 15 December 1996.

The WORK under the CONTRACT shall, however, continue during the Arbitration proceedings and no payment due or payable to the Seller shall be withheld on account of such proceedings.

31. Governing Language

31.1 The Contract shall be written in English language as specified by the PURCHASER/CONSULTANT in the Instruction to Bidders. All literature, correspondence and other documents pertaining to the Contract which are exchanged by the parties shall be written in English language. Printed literature in other language shall only be considered, if it is accompanied by an English translation. For the purposes of interpretation, English translation shall govern and be binding on all parties.

32. Notices

32.1 Any notice given by one party to the other pursuant to the Contract shall be sent in writing or by telegram or fax, telex/cable confirmed in writing.

32.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

33. Taxes& Duties

33.1 A foreign Seller shall be entirely responsible for all taxes, stamp duties, licence fees, and other such levies imposed outside the PURCHASER’s country.

33.2 A domestic Seller shall be entirely responsible for all taxes, duties, licence fees etc. incurred until the delivery of the contracted goods to the PURCHASER. However, Sales Tax and Excise duty on finished products shall be reimbursed by PURCHASER.

33.3 Customs duty payable in India for imported goods ordered by PURCHASER on foreign Seller shall be borne and paid by PURCHASER.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 77 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 33.4 Any income tax payable in respect of supervisory services rendered by foreign Seller under the Contract shall be as per the Indian Income Tax Act and shall be borne by SELLER. It is upto the bidder/seller to ascertain the amount of these taxes and to include them in his bid price.

34. Books & Records

34.1 SELLER shall maintain adequate books and records in connection with Contract and shall make them available for inspection and audit by PURCHASER/ CONSULTANT or their authorized agents or representatives during the terms of Contract until expiry of the performance guarantee. Fixed price (lumpsum or unit price) Contract will not be subject to audit as to cost except for cost reimbursable items, such as escalation and termination claims, transportation and comparable requirements.

35. Permits & Certificates

35.1 SELLER shall procure, at his expense, all necessary permits, certificates and licences required by virtue of all applicable laws, regulations, ordinances and other rules in effect at the place where any of the work is to be performed, and SELLER further agrees to hold PURCHASER and/or CONSULTANT harmless from liability or penalty which might be imposed by reason of any asserted or established violation of such laws, regulations, ordinances or other rules. PURCHASER will provide necessary permits for SELLER’s personnel to undertake any work in India in connection with Contract.

36. General

36.1 In the event that terms and conditions stipulated in the General Conditions of Contract should deviate from terms and conditions stipulated in the Contract, the latter shall prevail.

36.2 Losses due to non-compliance of Instructions

Losses or damages occurring to the PURCHASER owing to the SELLER’s failure to adhere to any of the instructions given by the PURCHASER/CONSULTANT in connection with the contract execution shall be recoverable from the SELLER.

36.3 Recovery of sums due

All costs, damages or expenses which the PURCHASER/CONSULTANT may have paid, for which under the CONTRACT SELLER is liable, may be recovered by the PURCHASER(he is hereby irrevocably authorized to do so) from any money due to or becoming due to the SELLER under this Contract or other Contracts and/or may be recovered by action at law or otherwise. If the same due to the SELLER be not sufficient to recover the recoverable amount, the SELLER shall pay to the PURCHASER, on demand, the balance amount.

36.4 Payments, etc. not to affect rights of the PURCHASER

No sum paid on account by the PURCHASER nor any extension of the date for completion granted by the PURCHASER/CONSULTANT shall affect or prejudice the rights of the PURCHASER against the SELLER or relieve the SELLER of his obligation for the due fulfillment of the CONTRACT.

36.4 Cut-off Dates

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 78 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) No claims or correspondence on this Contract shall be entertained by the PURCHASER/Consultant after 90 days after expiry of the performance guarantee (from the date of final extension, if any).

36.6 Paragraph heading

The paragraph heading in these conditions shall not affect the construction thereof.

37. Import License

37.1 No import license is required for the imports covered under this document.

38. Fall Clause

38.1 The price charged forthe materials supplied under the order by the supplier shall in no event exceed the lowest price at which the supplier or his agent/principal/dealer, as the case may be, sells the materials of identical description to any Persons/Organizations including the Purchaser or any Department of the Central Govt. or any Department of a State Govt. or any Statutory Undertaking of the Central or State Govt. as the case may be, during the currency of the order.

38.2 If at any time during the said period, the supplier or his agent/principal/dealer, as the case may be, reduces the sale price, sells or offers to sell such materials to any persons/organizations including the Purchaser or any Deptt. Of Central Govt. or State Govt. as the case may be, at a price lower than the price chargeable under the order, he shall forthwith notify such reduction or sale or offer of sale to the Purchase Authority who has issued this order and the price payable under the order for the materials supplied after the date of coming into force of such reduction or sale or offer of sale shall stand correspondingly reduced.

The above stipulation will, however, not apply to:

a) Exports by the Contractor/Supplier or

b) Sale of goods as original equipment at prices lower than the prices charged for normal replacement

c) Sale of goods such as drugs which have expiry dates.

38.3 The supplier shall furnish the following certificate to the concerned Paying Authority along with each bill for payment for supplies made against this order:-

“I/We certify that there has been no reduction in sale price of the items/goods/materials of description identical to those supplied to the GAIL under the order herein and such items/goods/materials have not been offered/sold by me/us to any person/organizations including the Purchaser or any Deptt. of Central Govt. or any Deptt. of State Govt. or any Statutory Undertaking of the Central or State Govt. as the case may be upto the date of bill/during the currency of the order whichever is later, at a price lower than the price charged to the GAIL under the order”.

Such a certificate shall be obtained, except for quantity of items/goods/materials categories under sub- clause (a), (b) & (c) of sub-para 38.2 above, of which details shall be furnished by the supplier.

39. Publicity & Advertising

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 79 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) 39.1 Seller shall not without the written permission of PURCHASER/CONSULTANT make a reference to PURCHASER/CONSULTANT or any Company affiliated with PURCHASER/CONSULTANT or to the destination or the description of goods or services supplied under the contract in any publication, publicity or advertising media.

40. Repeat Order

40.1 PURCHASER reserves the right, within 6 months of order to place repeat order upto 50% of the total order value without any change in unit price or other terms and conditions.

41. Limitation of Liability

41.1 Notwithstanding anything contrary contained herein, the aggregate total liability of Seller under the Agreement or otherwise shall be limited to 100% of Agreement / Order price. However, neither party shall be liable to the other party for any indirect and consequential damages, loss of profits or loss of production.

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 80 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) PROFORMA OF INDEMNITY BOND FOR SUPPLY OF MATERIALS BY EMPLOYER [To be executed on non-judicial stamped paper of appropriate value]

WHEREAS GAIL (INDIA) LIMITED (hereinafter referred to as GAIL) which expression shall unless repugnant to the context includes their legal representatives, successors and assigns having their registered office at 16, BhikaijiCama Place, R.K. Puram, New Delhi has entered into a CONTRACT with ______(hereinafter referred to as the CONTRACTOR which expression shall unless repugnant to the context include their legal representatives, successors and assigns) for ______on the terms and conditions as set out, inter-alia, in the CONTRACT No ...... Dated ...... and various documents forming part thereof hereinafter collectively referred to as the "CONTRACT" which expression shall include all amendments, modifications and/or variations thereto.

AND WHEREAS i) GAIL has agreed to supply to the CONTRACTOR, equipment, plants and materials (finished, semi-finished and raw)for the purpose of EXECUTION of the said CONTRACT by the CONTRACTOR (the equipment, plants and materials to be supplied by GAIL to the CONTRACTOR, hereinafter for the sake of brevity referred to as the "said materials") and pending execution by the CONTRACTOR of the CONTRACT incorporating the said materials, the said materials shall be under the custody and charge of the CONTRACTOR and shall be kept, stored, altered, worked upon and/or fabricated at the sole risk and expense of the CONTRACTOR.

ii) As a pre-condition to the supply of the said materials by GAIL to the CONTRACTOR, GAIL has required the CONTRACTOR to furnish to GAIL an Indemnity Bond in the manner and upon terms and conditions hereinafter indicated.

NOW, THEREFORE, in consideration of the premises aforesaid the CONTRACTOR hereby irrevocably and unconditionally undertakes to indemnify and keep indemnified GAIL from and against all loss, damage and destruction (inclusive but not limited to any or all loss or damage or destruction to or of the said materials or any item or part thereof by theft, pilferage, fire, flood, storm, tempest, lightning, explosion, storage, chemical or physical action or reaction, binding, warping, exposure, rusting, faulty workmanship, faulty fabrication, or faulty method or technique of fabrication, strike, riot, civil commotion, or other act or omission or commission whatsoever within or beyond the control of the CONTRACTOR, misuse and misappropriation (inclusive but not limited to the misuse or misappropriation by the CONTRACTOR and the Contractor's servants and/or agents) whatsoever to, or of in the said materials or any part of them thereof from the date that the same or relative part of item thereof was supplied to the CONTRACTOR upto and until the date of return to GAIL of the said materials or relative part of item thereof or completed fabricated works(s) incorporating the said material and undertake to pay to GAIL forthwith on demand in writing without protest or demur the value as specified by GAIL of the said material or item or part thereof, lost, damaged, destroyed, misused and/or misappropriated, as the case may be or, together with GAIL'S costs and expenses (inclusive of but not limited to handling, transportation, cartage, insurance, freight, packing and inspection costs/or expenses upto) and aggregate limit of Rs. ______(Rupees ______Only).

AND THE CONTRACTOR hereby agrees with GAIL that: i) This Indemnity / Undertaking shall be a continuing Indemnity / Undertaking and shall remain valid and irrevocable for all claims of GAIL arising hereunder upto and until the midnight of ______. However, if the CONTRACT for which this Indemnity / Undertaking is given is not completed by this date, the CONTRACTOR hereby agrees to extend the Indemnity / Undertaking till such time as is required to fulfill the CONTRACT. ii) This Indemnity/Undertaking shall not be determined by any change in constitution or upon insolvency of the CONTRACTOR but shall be in all respects and for all purposes be binding & operative until payment of all moneys payable to GAIL in terms of hereof. iii) The mere statement of allegation made by or on behalf of GAIL in any notice or demand or other writing addressed to the CONTRACTOR as to any of the said material or item or part thereof having been lost, damaged, destroyed, misused or misappropriated while in the custody of the CONTRACTOR and/or prior to completion of the completed fabricated work(s) and delivery to job site thereof incorporating the said materials shall be conclusive of the factum of the said material or item or part thereof having been supplied to the CONTRACTOR and/or the loss, damage, destruction, misuse or misappropriation thereof, as the case may be, while in the custody of the CONTRACTOR and/or prior to the completion of the completed fabricated work(s) and delivery to job site thereof incorporating the said materials without necessity on the part of GAIL to produce any documentary proof or other evidence whatsoever in support of this. iv) The amount stated in any notice of demand addressed by GAIL to the CONTRACTOR as to the value of such said materials lost, damaged, destroyed, misused or misappropriated, inclusive relative to the costs and expenses incurred by GAIL in connection therewith shall be conclusive of the value of such said materials and the said cost and expenses as also of the amount liable to be paid to GAIL to produce any voucher, bill or other documentation or evidence whatsoever in support thereof and such amount shall be paid without any demur and on demand and no dispute shall be raised concerning the same.

The undersigned has full power to execute this Indemnity Bond on behalf of the CONTRACTOR under the Power of Attorney dated ______.

(SIGNED BY COMPETENT AUTHORITY) Place: Dated:

4. Official Seal of the CONTRACTOR

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 81 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

PROFORMA FOR CONTRACT AGREEMENT

LOA No. GAIL / Dated ______

Contract Agreement for the work of ______of GAIL (INDIA) LIMITED made on ______between (Name and Address) ______, hereinafter called the “CONTRACTOR” (which term shall unless excluded by or repugnant to the subject or context include its successors and permitted assignees) of the one part and GAIL (INDIA) LIMITED hereinafter called the “EMPLOYER” (which term shall, unless excluded by or repugnant to the subject or context include its successors and assignees) of the other part.

WHEREAS

A. The EMPLOYER being desirous of having provided and executed certain work mentioned, enumerated or referred to in the Tender Documents including Letter Inviting Tender, General Tender Notice, General Conditions of Contract, Special Conditions of Contract, Specifications, Drawings, Plans, Time Schedule of completion of jobs, Schedule of Rates, Agreed Variations, other documents has called for Tender.

B. The CONTRACTOR has inspected the SITE and surroundings of WORK specified in the Tender Documents and has satisfied himself by careful examination before submitting his tender as to the nature of the surface, strata, soil, sub-soil and ground, the form and nature of site and local conditions, the quantities, nature and magnitude of the work, the availability of labour and materials necessary for the execution of work, the means of access to SITE, the supply of power and water thereto and the accommodation he may require and has made local and independent enquiries and obtained complete information as to the matters and thing referred to, or implied in the tender documents or having any connection therewith and has considered the nature and extent of all probable and possible situations, delays, hindrances or interferences to or with the execution and completion of the work to be carried out under the CONTRACT, and has examined and considered all other matters, conditions and things and probable and possible contingencies, and generally all matters incidental thereto and ancillary thereof affecting the execution and completion of the WORK and which might have influenced him in making his tender.

C. The Tender Documents including the Notice Letter Inviting Tender, General Conditions of Contract, Special Conditions of Contract, Schedule of Rates, General Obligations, SPECIFICATIONS, DRAWINGS, PLANS, Time Schedule for completion of Jobs, Letter of Acceptance of Tender and any statement of agreed variations with its enclosures copies of which are hereto annexed form part of this CONTRACT though separately set out herein and are included in the expression “CONTRACT” wherever herein used. AND WHEREAS The EMPLOYER accepted the Tender of the CONTRACTOR for the provision and the execution of the said WORK at the rates stated in the schedule of quantities of the work and finally approved by EMPLOYER (hereinafter called the "Schedule of Rates") upon the terms and subject to the conditions of CONTRACT.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS FOLLOWS:

1. In consideration of the payment to be made to the CONTRACTOR for the WORK to be executed by him, the CONTRACTOR hereby covenants with EMPLOYER that the CONTRACTOR shall and will duly

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 82 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) provide, execute and complete the said work and shall do and perform all other acts and things in the CONTRACT mentioned or described or which are to be implied there from or may be reasonably necessary for the completion of the said WORK and at the said times and in the manner and subject to the terms and conditions or stipulations mentioned in the contract.

2. In consideration of the due provision execution and completion of the said WORK, EMPLOYER does hereby agree with the CONTRACTOR that the EMPLOYER will pay to the CONTRACTOR the respective amounts for the WORK actually done by him and approved by the EMPLOYER at the Schedule of Rates and such other sum payable to the CONTRACTOR under provision of CONTRACT, such payment to be made at such time in such manner as provided for in the CONTRACT. AND 3. In consideration of the due provision, execution and completion of the said WORK the CONTRACTOR does hereby agree to pay such sums as may be due to the EMPLOYER for the services rendered by the EMPLOYER to the CONTRACTOR, such as power supply, water supply and others as set for in the said CONTRACT and such other sums as may become payable to the EMPLOYER towards the controlled items of consumable materials or towards loss, damage to the EMPLOYER'S equipment, materials construction plant and machinery, such payments to be made at such time and in such manner as is provided in the CONTRACT.

It is specifically and distinctly understood and agreed between the EMPLOYER and the CONTRACTOR that the CONTRACTOR shall have no right, title or interest in the SITE made available by the EMPLOYER for execution of the works or in the building, structures or work executed on the said SITE by the CONTRACTOR or in the goods, articles, materials, etc., brought on the said SITE (unless the same specifically belongs to the CONTRACTOR) and the CONTRACTOR shall not have or deemed to have any lien whatsoever charge for unpaid bills will not be entitled to assume or retain possession or control of the SITE or structures and the EMPLOYER shall have an absolute and unfettered right to take full possession of SITE and to remove the CONTRACTOR, their servants, agents and materials belonging to the CONTRACTOR and lying on the SITE.

The CONTRACTOR shall be allowed to enter upon the SITE for execution of the WORK only as a licensee simpliciter and shall not have any claim, right, title or interest in the SITE or the structures erected thereon and the EMPLOYER shall be entitled to terminate such license at any time without assigning any reason.

The materials including sand, gravel, stone, loose, earth, rock, etc., dug up or excavated from the said SITE shall, unless otherwise expressly agreed under this CONTRACT, exclusively belong to the EMPLOYER and the CONTRACTOR shall have no right to claim over the same and such excavation and materials should be disposed off on account of the EMPLOYER according to the instruction in writing issued from time to time by the ENGINEER-IN-CHARGE.

In Witness whereof the parties have executed these presents in the day and the year first above written.

Signed and delivered for and on behalf of EMPLOYER Signed and Delivered for and on behalf of the CONTRACTORS .

GAIL (INDIA) LIMITED (NAME OF THE CONTRACTOR) Date: ______Date: ______Place: ______Place: ______

IN PRESENCE OF TWO WITNESSES

1. ______1. ______2. ______2. ______

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 83 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking)

SSEECCTTIIOONN –– IIVV

SSOORR ((SScchheedduullee OOff RRaatteess))

[[AAss ppeerr aattttaacchheedd RRFFQQ]]

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 84 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR गेल (इंडया) लमटेड (भारत सरकार का उपम) GAIL (India) Ltd. (A Government of India Undertaking) CCUUTT--OOUUTT SSLLIIPPSS

PART - III: "EMD/BID SECURITY" OF TENDER

DO NOT OPEN – THIS IS A QUOTATION

TENDER NO. : GAIL/KLR/C&P/15/M533/PL SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR.

BID SUBMISSION DUE DATE & TIME : 10.02.2016 14:00 Hrs

TO

DY. MANAGER [C & P] GAIL (INDIA) LTD. Plot No.P-25, Industrial Area, Malanpur, Dist. Bhind- 477117 M.P. Ph.: 8989781946

TO BE PASTED ON THE OUTER ENVELOPE CONTAINING "EMD / BID SECURITY"

TENDER NO: GAIL/KLR/C&P/15/M533/PL Page 85 of 85 REF: SUPPLY, INSTALLATION & COMMISSIONING OF SOLAR POWER SYSTEM FOR LIGHTING & UTILITIES AT PIPELINE INSTALLATIONS UNDER GAIL, MALANPUR