tender for cathodic protection_20141103_110356.pdf

8/10/2019 tender for cathodic protection_20141103_110356.pdf

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L e t t e r I n v i t i n g T e n d e r

Ref. No.: GAIL/LAK/C&P/52067/3300057121 /ELECT/2014 Dated.30.10.2014

To,

GAIL WEBSITE VENDOR, INDIAVendor Code 101019938

SUBJECT: AMC FOR SACRIFICIAL CATHODIC PROTECTION SYSTEM OF 5.6 KM ATGAIL, LAKWA PIPELINE

TENDER NO: GAIL/LAK/52067/3300057121/C&P/ELE/2014 Dated. 30.10.2014

Dear Sir,

GAIL (India) Limited (GAIL) here-in-after called OWNER/COMPANY invites you to submityour bids UNDER TWO BID SYSTEM for the subject work as detailed given below in completeaccordance with tender documents enclosed:

MODE OF TENDERING : Limited

EARNEST MONEY DEPOSIT (EMD) : Rs.25,270.00 (Rupees Twenty fivethousand Two hundred Seventy only)

LAST DATE AND TIME FOR : 02.12.2014 at14:00 Hrs(IST)RECEIPT OF TENDER

DATE AND TIME FOR OPENING : 02.12.2014at15:00 Hrs(IST)OF UNPRICED BID

VALIDITY OF OFFER UPTO : Three (03) months from the date of finalbid due date of bid Opening.

Instruction to Bidders:

1. Schedule of Rate enclosed.2. Bid Evaluation Criteria (BEC) Annexure-I enclosed.3. Instructions to Bidders as per Annexure-II enclosed.4. Frequently Asked Questions (FAQ) as per Annexure-IIA.5. Special Conditions of Contract (Part-A) as per Annexure-III.6. Special Conditions of Contract (Part-B) and scope of work as per Annexure-IV7. Forms & Formats: Annexure-V

8. Letter for Public Procurement policy on procurement of goods & services from microand small enterprises

9. General Conditions of Contract (GCC) works enclosed (Separate) also containingPerformance BG and Contract Agreement Formats.

This tender is also hosted in GAIL (INDIA) LIMITED web site (www.gailtenders.in). Any bidderwishing to quote may download the tender document and submit their offer directly along withrequisite EMD and fulfilling the BEC criteria and tender conditions.

Bids complete in all respects should reach office of In-charge (C&P), GAIL (India) Limited, LPGRecovery Plant, Lakwa at the above address on or before 14:00 Hrs of the scheduled date. Bidsreceived after the due date and time are liable to be rejected.


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GAIL reserves the right to accept or reject any or all tenders received at its absolute discretionwithout assigning any reason whatsoever.

Thanking You,For GAIL (India) Limited

(Dhananjoy Pramanik)

Sr. Officer (C&P)E-mail: [email protected]


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ANNEXURE I

BID EVALUATION CRITERIA (BEC)



BID EVAULATION CRITERIA (BEC):

A (i) The bidder must have completed/executed at least one single work order againstINSTALLATION OF TCP BY PUTTING SACRIFICIAL ANODES for Gas/Oil Pipeline protectionout of which bidder should have successfully executed job of putting SACRIFICIAL ANODES,executed work order value shall not less than Rs.2,81,137.00 (Rupees Two lacs Eighty onethousand One hundred thirty seven only, excluding service tax) in any Public Sector/Govt.Department/Govt. Organization/reputed Private Organization in preceding 07 years(reckoned from the Bid Due date).As a documentary evidence, bidder must submitattested/notarized copy of work order/agreement and Work Completion/ExecutionCertificate showing the quantity & value of Work Completion/Executed & Ref No. of WorkOrder/Agreement in the Completion/Execution Certificate issued by end user in support oftheir experience along with technical bid (un-priced bid).

Bidder must submit a copy of the above documents duly attested/notarized along with un-priced bid.

B (i)A job executed by a bidder for its own plant/projects cannot be considered as experiencefor the purpose of meeting requirement of BEC of the tender. However, jobs executed forSubsidiary/Fellow subsidiary/ Holding company will be considered as experience for thepurpose 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 jobexecuted for Subsidiary /Fellow subsidiary/ Holding company . Such bidders to submit thesedocuments in addition to the documents specified in the bidding documents to meet BEC.(ii)In case, the bidder is executing a rate / maintenance contract which is still running andthe contract value executed till one day prior to the due date of submission is equal to ormore than the minimum prescribed value as mentioned in the BEC, such experience will alsobe taken into consideration. In such case, the bidder shall submit satisfactory work executioncertificate to this effect, issued by the end user/owner.

All documents should be attested or notarized/attested by Notary public/GazettedOfficer/Officer of PSU. Documents mentioned above shall be submitted by bidder along with

technical bid(iii)Any bidder who meets in the Bid Evaluation Criteria (BEC) as mentioned above andwishes to quote against this tender may down load the bidding documents from GAILWebsite(http://www.gailtenders.in)and submit the bid complete in all respect as per terms& conditions of the bidding document on or before the due date along with an under takingthat the contents of the bidding documents have not been altered or modified.

C. NOTE TO BID EVALUATION CRITERIA (BEC): (For strict compliance)i. Bidders must furnish all relevant certificates / documents / information in support of their

credentials to the above "evaluation criteria" along with the techno- commercial bid,failing which their bid shall be rejected.

ii. Bidders not meeting any of the above-mentioned criteria shall be rejected withoutassigning any reason.

SIGNATURE OF BIDDER : ______________________________NAME OF BIDDER : _____________________________COMPANY SEAL : _____________________________


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EXHIBIT -ACONFIRMATION BY BIDDER FOR MEETING CRITERIA OF LIT

SUBJECT: AMC FOR SACRIFICIAL CATHODIC PROTECTION SYSTEM OF 5.6 KM AT

GAIL, LAKWA PIPELINE


Sl.

GAILs QUERY BIDDERs REPLY

A) (i) The bidder must have completed/executed at least one single workorder against INSTALLATION OF TCP BY PUTTING SACRIFICIALANODES for Gas/Oil Pipeline protection out of which bidder shouldhave successfully executed job of putting SACRIFICIAL ANODES,executed work order value shall not less than Rs.2,81,137.00 (RupeesTwo lacs Eighty one thousand One hundred thirty seven only, excludingservice tax) in any Public Sector/Govt. Department/Govt.Organization/reputed Private Organization in preceding 07 years(reckoned from the Bid Due date).As a documentary evidence, bidder

must submit attested/notarized copy of work order/agreement andWork Completion/Execution Certificate showing the quantity & value ofWork Completion/Executed & Ref No. of Work Order/Agreement in theCompletion/Execution Certificate issued by end user in support of theirexperience along with technical bid (un-priced bid).

Bidder must submit a copy of the above documents duly

attested/notarized along with un-priced bid.

Reply :

Reference ofdocumentsfurnished:1.

2.

B) (i) A job executed by a bidder for its own plant/projects cannot beconsidered as experience for the purpose of meeting requirement ofBEC of the tender. However, jobs executed for Subsidiary/Fellow

subsidiary/ Holding company will be considered as experience for thepurpose of meeting BEC subject to submission of tax paid invoice(s)duly certified by Statutory Auditor of the bidder towards paymentsof statutory tax in support of the job executed for Subsidiary /Fellowsubsidiary/ Holding company . Such bidders to submit thesedocuments in addition to the documents specified in the biddingdocuments to meet BEC.

(ii) In case, the bidder is executing a rate / maintenance contractwhich is still running and the contract value executed till one dayprior to the due date of submission is equal to or more than the

minimum prescribed value as mentioned in the BEC, suchexperience will also be taken into consideration. In such case, thebidder shall submit satisfactory work execution certificate to thiseffect, issued by the end user/owner.

All documents should be attested or notarized/attested by Notarypublic/Gazetted Officer/Officer of PSU. Documents mentioned aboveshall be submitted by bidder along with technical bid .

(iii)Any bidder who meets in the Bid Evaluation Criteria (BEC) asmentioned above and wishes to quote against this tender may download the bidding documents from GAIL

Website(http://www.gailtenders.in)and submit the bid complete inall respect as per terms & conditions of the bidding document on orbefore the due date along with an under taking that the contents ofthe bidding documents have not been altered or modified.

Reply :

Reference ofdocumentsfurnished:1.

2.


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Note:-

Please note that the documents listed by you above only shall be considered for evaluation ofyour claim of meeting Bidder Evaluation Criteria. Any other documents, not included above shallnot be considered. Further please note that all the documents submitted should beNotarized/Attested by Notary Public/ Gazetted Officer/ Officer of PSU.

SIGNATURE OF BIDDER : _____________________________

NAME OF BIDDER : _____________________________

COMPANY SEAL : _____________________________


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ANNEXURE-II

INSTRUCTIONS TO BIDDERS (ITB)

1.0 BIDDING DOCUMENT, CLARIFICATION AND ADDENDUM:

1.1 BIDDING DOCUMENT:

1.1.1 One set of Bidding document (Tender Document) is issued. Bidder shall submit the

Tender Document duly signed and stamped on each page of tender in token of hisacceptance along with his bid.

1.1.2 Transfer of Bidding document issued to one intending bidder to another is notpermissible.

1.1.3 Bid shall remain valid for 3 months from the final due date of opening of bids.1.1.4 Any bidder put on Holiday/Banned by GAIL or Blacklisted/Banned by only Government

Deptt./Public Sector Enterprise shall not be considered.1.1.5 Bids from Joint Venture/Consortium will not be acceptable.

One bidder shall submit one bid only. Alternate bids are not acceptable. Any deviation toabove will lead to rejection of all bids of a bidder.

1.2 CONTENTS OF BIDDING DOCUMENTS

1.2.1 The Bidding Documents / Tender Documents are those stated below, and should be read

in conjunction with any 'Addendum / Corrigendum' issued:

Bid Evaluation Criteria [BEC] Instructions to Bidders [ITB] General Conditions of Contract [GCC] Works Special Conditions of Contract [SCC]: Part-A & Part-B. In case of contradiction

between Part-A and Part-B, Part-B shall prevail to the extent applicable. Forms and Formats

1.3 The Bidder is expected to examine all instructions, forms, terms & conditions in theBidding Documents. The "Request for Quotation [RFQ]" together with all its attachmentsthereto, shall be considered to be read, understood and accepted by the Bidders. Failureto furnish all information required by the Bidding Documents or submission of a Bid notsubstantially responsive to the Bidding Documents in every respect will be at Bidder's riskand may result in the rejection of his Bid

1.4 COST OF BIDDING:The Bidder shall bear all costs associated with the preparation and submission of the Bid,and GAIL will in no case, be responsible or liable for these costs, regardless of theconduct or outcome of the bidding process.

1.5 CLARIFICATION REQUESTS BY BIDDER:1.5.1 Although the details presented in this Bidding document consisting of conditions of

contract, scope of work, technical specifications and drawings have been compiled withall reasonable care, it is the Bidders responsibility to ensure that the informationprovided is adequate and clearly understood.

1.5.2 Bidder shall examine the bidding documents thoroughly in all respect.1.5.3 Any failure by Bidder to comply with the aforesaid requirement shall not excuse the

Bidder, after subsequent award of contract, from performing the work in accordance withthe agreement.

1.5.4 A prospective bidder requiring any clarification of the Bidding Documents may notify GAIL

in writing or by fax or e-mail at GAILs mailing address indicated in the Invitation for Bids.GAIL will respond in writing to any request for clarification of the Bidding documentswhich it receives not later than 10 days prior to the deadline for the submission of bidsprescribed by GAIL. Written copies of GAILs response (including an explanation of thequery but without identifying the source of the query) will be uploaded on GAIL website.


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Any Clarification or information required by the bidder but same not received by thePurchaser, ten days prior to the bid due date, the same is liable to be considered as noclarification/information required.

1.5.5 Only bids submitted directly by the bidder meeting BEC shall be considered.

1.6 AMENDMENT OF BIDDING DOCUMENT:1.6.1 GAIL may, for any reason whether at his own initiative or in response to the clarification

requested by the prospective Bidder, issue amendment in the form of addendum duringthe Bidding period and subsequent to receiving the bids. Any addendum thus issued shallbecome part of Bidding document and Bidder shall submit original addendum dulysigned and stamped in token of his acceptance. Amendment will be available on GAILWebsite.

1.6.2 For addendum issued during the Bidding period, Bidder shall consider the impact in hisBid. For addendum issued subsequent to receiving the Bids, Bidder shall follow theinstructions issued along with addendum with regard to submission of impact on quotedprice / revised price, if any.

1.7 LANGUAGE OF BID: ENGLISH

1.8 CONFIDENTIALITY OF DOCUMENT:1.8.1 Bidder shall treat the Bidding document and contents thereof as confidential.

1.9 ACKNOWLEDGEMENT & CONFIRMATION OF BID:1.9.1 Within 3 days of receipt of Bidding document, Bidder shall acknowledge the receipt and

confirm his intention to Bid for the Bidding work.

2.0 EARNEST MONEY DEPOSIT (EMD):2.1.1 The bid must be accompanied with Earnest Money (interest free) for the amount

indicated in Letter Inviting Tender in the form of a Demand Draft drawn on anyNationalized/ Scheduled Bank in favour of GAIL (India) Limited, payable atSivasagar, Assamor in the form of Bank Guarantee issued by Nationalized Bank for an

equal amount valid for five (05) months from the due date of submission of bid as perthe format enclosed in bidding document. Bid not accompanied by Earnest Money will notbe considered unless the same is exempted as per Letter Inviting Tender. BankGuarantee shall be revalidated for extended period as required by GAIL in writing.

2.1.2 Bidders are required to submit EMD in original in a sealed envelope super scribing theenvelope with Tender Reference No., Name of Work, Bid Due Date & Time of Openingand Name & Address of the Bidder along with Un-Price Bid( Techno-Commercial Bid).

2.1.3 If the bidder, after submission, revokes his bid or modifies the terms and conditionsthereof during the validity of his bid except where GAIL has given opportunity to do so,

the earnest money submitted by Bidder will, in such case will be forfeited.2.1.4 GAIL may at any time cancel or withdraw the invitation to bid without assigning any

reason and the earnest money submitted by Bidder will in such case be refunded to him.

2.1.5 The successful Bidder shall be required to submit Contract cum Performance BankGuarantee within 15 days of LOI/FOA, at the applicable rate as mentioned in the tenderdocuments, in the manner indicated in Special Conditions of Contract (SCC): Part-A. Ifthe successful Bidder fail or refuse to sign the agreement or furnish the CPBG within theperiod fixed by the GAIL as indicated above, the earnest money shall be forfeited withoutprejudice to his being liable to any further loss or damage incurred in consequence by theGAIL.

2.1.6 Earnest money shall be returned to the successful Bidder after submission of Contractcum Performance Bank Guarantee/Contract Performance Security.


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2.1.7 GAIL will refund the Earnest Money of the unsuccessful bidders directly to the bidderswithin a reasonable period of time. Correspondence in this regard may be addressed toGAIL directly by the bidders.

2.1.8 Subject to exemptions permissible, offers without earnest money/ bid bond will not beconsidered and will be summarily rejected.

2.1.9 Small scale industries units registered with the NSIC, under its single point registration

scheme, shall be exempted from submission of EMD.2.1.10No earnest money/ bid bond will be necessary for works and service from Central Public

Sector Undertakings. In line with the Government orders the firms registered with NSICwill be exempted from payment of earnest money/ Bid bond provided they are registeredfor the items they intend to quote against the GAIL Tender.

2.1.11The 'Bid Security' is required to protect GAIL against the risk of Bidder's conduct, whichwould warrant the 'Bid Security's' forfeiture.

2.1.12GAIL shall not be liable to pay any Bank charges, commission or interest on the amountof 'Bid Security'. In case 'Bid Security' is in the form of a 'Bank Guarantee', the same shallbe 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 caseof 'Bank Guarantee' from Banks other than the Nationalized Indian Banks, the Bank mustbe commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One HundredCrores] and a declaration to this effect should be made by such commercial Bank eitherin the 'Bank Guarantee' itself or separately on its letterhead. 'Earnest Money / BidSecurity' shall be valid for 'two [02] months' beyond the 'Bid Validity Period'

2.1.13The 'Bid Security' may be forfeited:

(a) If a Bidder withdraws his Bid during the 'Period of Bid Validity'(b) In the case of a successful Bidder, if the Bidder fails:

(i) To accept the "Notification of Award" / "Letter of Intent [LOI]", or

(ii) To furnish "Contract Performance Security / Security Deposit".(iii) To accept 'arithmetical corrections'

(c) In case a bidder submits False/Forged Document.(d) Any other condition forfeiting bid security mentioned in the bidding document.

3.0 SCHEDULE OF RATES:3.1 The schedule of Rates enclosed with the tender document shall be read in conjunction

with all other sections of bidding document.3.2 The rates quoted by the bidder shall be firm and fixed for the completion period of the

tendered works, unless stated otherwise. The rates quoted by the Bidder shall include alltaxes, duties & levies except Service Tax and any cess thereon. Service Tax and cess

thereon shall be paid by GAIL, extra at actual against Cenvat invoice to be submitted bythe bidder.

3.3 Rates must be filled in format for schedule of rates enclosed as part of biddingdocument. If quoted in separate typed sheets and any variation in description, unit orquantity is noticed, the bid is liable to be rejected. In any case bidder shall be presumedto have quoted against the description of work and the same shall be binding on thebidder.

3.4 In case any activity though specifically not covered in description of Schedule of Ratesbut is required to complete the work as per Scope of Work, Scope of Supply,Specifications , Standards, Drawings, General Conditions of Contract, Special Condition of

Contract or any other part of bidding document, the quoted rates will deemed to beinclusive of cost incurred for such activity.

3.5 The rates shall include all expenditure incurred towards mobilization and demobilization.3.6 Rates quoted shall be in Indian Rupees Only.3.7 Bidder shall quote rates both in figures as well as in words.


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4.0 DOCUMENTS COMPRISING THE BID:4.1 Bidder is advised that GAIL intend to fully evaluate the technical and un-priced

commercial submissions.4.2 It is important that Bidder clearly demonstrates his experience and capability, giving to

GAIL a high level of confidence that if awarded, the Bidder will be able to perform theworks within the stipulated Time Schedule and quoted price and meeting all otherrequirements listed in the Bidding document.

4.3 Bidder is requested to furnish the complete and correct information required forevaluation of his Bid. If the information with regard to resources and concurrentcommitments or any other information / documentation forming basis of evaluation isfound incomplete / incorrect the same may be considered adequate ground for rejectionof the bid.

4.4 The bidders are required to submit the copies of all certificates/documentary evidencesduly attested by Gazetted Officer/Officer of Public Sector Enterprises/Notary public andshall arrange his bid in the following order:i) PART-I : TECHNICAL AND UN-PRICED COMMERCIAL PART (TECHNO-

COMMERCIAL BID)Technical and un-priced commercial part shall comprise the attachments, specifying

attachment number arranged in the order as follows:

a) Original Earnest Money Deposit (EMD shall also be enclosed in this part);

b) Bid letter along with all technical and commercial details of the Bidder;

c) One set of Tender Documents issued to Bidder, duly signed and stamped on eachpages;

d) No Deviation Confirmation as per Annexure-C of Annexure-V;

e) Blank Schedule of Rates without any prices with seal & signed by the Bidder;

f) Documents as per Exhibit-A as documentary evidences toward Bid EvaluationCriteria (BEC);

g) Power of Attorney in favour of authorized signatory of the Bidding Documents;

h) Organization details :-

In case of a proprietorship firm, the name and address of proprietor, andcertified copy of Certificate of Registration of Firm;

In case Bidder is a partnership firm, certified copy of the Partnership Deed;

In case of company (whether private or public), certified copy of the

Company Registration Certificate along with Certified Memorandum /Articles of Association;

i) An undertaking on Letter Head Pad of the Bidder stating that (For the case,tender document downloaded from Website)

The contents of the Tender Document have not been modified or altered by M/s

(Name of the bidder with complete address). In case, it is found that the

tender document has been modified / altered by the bidder, the bid submitted by

the M/s (Name of the bidder) shall be liable for rejection;

j) Service Tax Registration Certificate issued by Service Tax Authority;

k) P.F. Registration Certificate issued by PF Authority;

l) Original copy of Notarized Affidavit towards proof of submitting true & genuine allthe documents in Bid submitted by the Bidder including documents pertaining toBid Evaluation Criteria.


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m) Technical offer, Engineering details and any other relevant document, if any,required as per Bidding document /Bidder desires to submit.

ii) PART-II: PRICE BID (Schedule of Rates):a) It shall contain only the Schedule of Rates duly filled in two copies, i.e. one

ORIGINAL copy and one DUPLICATE copy;b) No stipulation, deviation, terms & conditions, presumption, basis or any documents

etc. shall be stipulated / submitted in Price Bid. GAIL shall not take cognizance of

any such statement and may at their discretion reject such Price Bids;

c) Bidder is advised NOT to mention Rebate/Discount separately, either in the SORformat or anywhere else in the offer. In case bidder(s) intend to offer anyRebate/Discount, they should include the same in the item rate(s) itself under thehead Schedule of Rates (SOR) and indicate the discounted unit rate(s) only;

d) In case, it is observed that any of the bidder(s) has/ have mentioned conditionalDiscount/ Rebate separately, the same shall not be considered for evaluation.However, in the event of the bidder emerging as the lowest bidder, theDiscount/Rebate offered by the bidder shall be considered for Award of Work and

the same will be conclusive and binding on the Bidder.5.0 SUBMISSION OF BID:5.1 SUBMISSION OF BID IN TWO SEPARATE ENVELOPES:

5.1.1 Bidder shall submit the bid by courier/ by post/ in person, separately in two parts insealed envelopes, super-scribed with the above tender reference no., name of work, biddue date and time of opening and name and address of the bidder (Priced or Un- Priced).The Un-Priced Bid and Price Bid shall contain the documents as specified below:

PART- I: UN- PRICED BID (TECHNO-COMMERCIAL BID):This part shall contain Technical and Commercial (Un-Priced) Bid. The Un-Priced Bid must

be complete with the following and the information listed for submission in Part I underPara 4.4.(i) above:

a) All technical and commercial details other than the rate (i.e. identical to Part II withrate blanked out);

b) Original Earnest Money Deposit (EMD) shall also be enclosed in this part;

c) Documentary evidences toward Bid Evaluation Criteria (BEC) and other documentssought under this tender document;

d) One set of Tender Document shall also be Signed & Stamped on all the pages and

submitted along with Un- Priced Bid.e) Techno-Commercial Bid disclosing prices shall be summarily rejected.

f) The envelope shall have following information clearly written on the outside of theenvelope, failing which GAIL will assume no responsibility for the misplacement orpremature opening of the bid.

Part-I: Technical and Un-priced Commercial Part

Tender Reference No. :

_________________________________

Name of Work : -

_________________________________

Bid Due Date & Time of Opening: ________________________________


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From: [Name & Address of Bidder]: _____________________________

PART-II: PRICED BID (SCHEDULE OF RATES):

a) This part of the bid shall contain the Schedule of Rates, duly filled in all respects andother information specifically requested for submission in price part.

b) This part of Bid will be submitted in original plus one copy;

c) Priced bid containing any new/fresh conditions (not mentioned in the Un-Priced Bid)shall be liable for rejection;

d) The envelope shall have the following information clearly written on outside of theenvelope, failing which GAIL will assume no responsibility for the misplacement orpremature opening of the bid.

Part-II: Price Part

Tender Reference No. _________________________________

Name of Work: ______________________________________

From: [Name & Address of Bidder]: _______________________

5.1.2 The Bidder is required to submit the bid along with their covering letter under letter headdisclosing the name and designation of authorized person signing the bid, complete postaladdress of firm / company, telephone no., fax no., e-mail etc.

5.1.3 The two envelopes containing Part-I & Part-II of the bids separately should be enclosed ina larger envelope duly sealed and super-scribed with tender reference no., name of work,due date and time of opening along with address of this office and senders name andaddress prominently.

5.1.4 Bid must be submitted within the stipulated date and time as indicated in the tender. The

bid must be valid for 3 months from the final due date of bid opening.5.1.5 Bid through Fax/e-Mail will not be acceptable.5.1.6 GAIL assumes no responsibility for delay, loss or non-receipt of bid sent by post.5.1.7 GAIL reserves the right to accept or reject any or all bids received, at its absolute

discretion, without assigning any reason whatsoever. Bidders if so desires, may seek inwriting the reasons for rejection of their bid, to which GAIL shall respond quickly.

5.1.8 Non-submission of the attested copies of the requisite certificates/documents shall renderthe bid non-responsive and shall be liable for rejection.

5.1.9 Bidders are requested to furnish detailed address including E-mail, Fax No.,

Phone No. and Mobile No. etc. The same is required for quick reference to

bidder in exceptional case when despite our instruction, the bidder has takendeviation in bid and/or some documents are missing. GAIL will not be

responsible by bidder to GAIL, if target date for any GAILs query is not met by

bidder due to non-opening/wrong e-mail/fax furnished by bidder.

5.2 DATE, TIME & PLACE OF SUBMISSION:

5.2.1 Bids complete in all respect must reach this office not later than 1400 hrs on the notifieddate of closing of the tender mentioned in the Letter Inviting Tender or any extensionthereof as duly notified in writing by GAIL at the following address:

Address to which bids are to be sent (by Speed Post/Courier(Preferably

Overnite Courier)/Regd. Post/etc.)Chief Manager/Senior Officer (C&P)GAIL (India) LimitedLPG Recovery PlantP.O. - Lakwa, District - Sivasagar (Assam),


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Pin 785688

5.2.2 Bids sent by hand delivery should be put in the tender box (which is placed in the officeof Chief Manager (C&P), GAIL (India) Ltd., LPG Recovery Plant, P.O:-Lakwa,District- Sivasagar, (Assam) Pin 785 688, not later than 1400 hrs on the specifieddate. The bids which are bulky and cannot be dropped in the tender box are to bedelivered in C&P Deptt. (1stFloor, ADM Building). In case of any problem in delivering/dropping the tenders, either the concerned purchase executive who has issued the tender

or the following employees of C&P deptt. may be contacted well before the due date &time of submission of bids :

a. Sh. Dhananjoy Pramanik, Sr. Officer (C&P)5.2.3 Bid received after the time and date fixed for receipt of bid is liable for rejection.

5.2.4 Any excuse regarding late delivery of bid due to any reason (e.g. late delivery due todelay by courier/post) whatsoever will not be entertained.

5.2.5 Any change in bid after due date of submission of tender will not be considered. Biddersare advised in their own interest to ensure that their bids shall be reached this office wellbefore the closing date and time of the tender as the bids received after the closing date

and time of the tender will not be considered.5.3 CHECK LIST FOR SUBMISSION OF BID:5.3.1 To assist Bidder in ensuring the completeness of bid, a checklist as Annexure-B of

Annexure-V for submission of various documents / details in Technical & Un-PricedCommercial Part of Bid has been enclosed in the Tender Documents. Bidder shall fill thechecklist and submit along with his bid for ready reference.

5.3.2 In case of incomplete submission of bids, GAIL will not be under any obligation to givethe bidder an opportunity to make good such deficiencies and GAIL may at its discretiontreat such bids as incomplete and not consider for further evaluation.

6.0 UN-PRICED BID OPENING AND EVALUATION:

6.1 OPENING OF TECHNO-COMMERCIAL PART OF BID:

6.1.1 Part-I i.e. Technical and Un-Priced Commercial Part will be opened in the office of GAIL,Lakwa as per the date and time mentioned in Letter Inviting Tender.

6.1.2 If GAIL Lakwa office is closed/non-functional on date of un price and/or priced bidopening date due to any reason, then the above opening shall be carried out on nextworking day on same appointed time.

6.1.3 Bidders may depute their authorized representative to attend the bid opening.6.1.4 Owner reserves the right to grant purchase preference to Public Sector Enterprises in

terms of the latest applicable guidelines of the Government of India.

6.2 CLARIFICATION & ADDITIONAL INFORMATION:During evaluation, GAIL may request Bidder for any clarification on the bid, additional oroutstanding documents. Bidder shall submit all additional documents in one original andone copy. However, seeking clarification shall be on sole discretion of GAIL.

6.3 TECHNO-COMMERCIAL DISCUSSIONS:6.3.1 Bid of the bidder who submits the required EMD shall be taken up for detailed evaluation.6.3.2 Techno-commercial discussions with bidder shall be arranged, if needed. Bidder shall

depute his authorized representative(s) for attending the discussion. Therepresentative(s) attending the discussions shall produce authorization from hisorganization to attend the discussions and sign the minutes of meeting on behalf of hisorganization. The authorized representatives must be competent and empowered tosettle all technical and commercial issues.

6.4 BID EVALUATION CRITERIA:


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6.4.1 Bid is the responsibility of bidder and no relief or consideration can be given for errorsand omissions made by the bidder inadvertently or advertently. Bid with incompleteinformation is liable for rejection.

6.4.2 The Techno-Commercial Part of bid shall be evaluated based on Bid Evaluation Criteriaand other tender conditions as indicated in the bidding document. However, price bidshall be evaluated as per ITB of this tender.

6.4.3 Non-submission of details / documents as required may lead to rejection of bid.

6.5 DEVIATIONS TO CRITICAL STIPULATIONS:Deviations to critical stipulations of bidding document as mentioned below are notacceptable. Bidder taking deviations to the following bid stipulations may not beconsidered for price bid opening.

a) Firm Priceb) Non-meeting of BEC Criteriac) EMD/bid Bondd) Scope of work/Specificatione) Contract cum Performance Bank Guaranteef) Schedule of Rates

g) Contract Periodh) Payment Termsi) Period of validity of bid

j) Guaranteek) Arbitration / Resolution of Disputesl) Force Majeurem)Applicable Lawsn) Clause No. 6.4.2,8.2 & 8.3 of Instructions to Bidderso) Requirement of P. F. Code No. with RPFC under EPF & M Provisions Act 1952p) PRS clause / Compensation for delay

6.6 DETERMINATION OF RESPONSIVENESS:6.6.1 Prior to the financial evaluation of bids, the GAIL will determine whether each bid is

substantially responsive to the requirements of the Bidding document.6.6.2 For the purpose of this clause, a substantially responsive bid is one, which conforms to all

the terms and conditions and specifications of the bidding document without materialdeviation or reservation. A material deviation or reservation is one which affects in anysubstantial way the scope, quality, or performance of the works or which limits in anysubstantial way, inconsistent with the bidding document, the employers rights ofcontractors obligation would affect unfairly the competitive position of bidders presentingsubstantially responsive bids.

6.6.3 If a bid is not substantially responsive to the requirements of the Bidding documents, itmay be rejected by GAIL.

6.7 Bidders must submit the bid in line with bid stipulations without taking any deviation.However, in case it becomes unavoidable and the Bidder seeks some clarifications /queries with respect to technical / commercial part, the bidder may stipulate the samestrictly as per the technical and commercial part.

7.0 UNSOLICITED POST BIDDING MODIFICATIONS:

7.1 Bidders are advised to quote strictly as per terms and conditions of the bidding documentand not to stipulate any deviations / exceptions. Once quoted, the bidder shall not makeany subsequent changes, whether resulting or arising out of any technical / commercialclarifications sought on any deviations or exceptions mentioned in the bid. Any proposalfor price change is likely to render the bid liable for rejection.

7.2 Bidders must ensure that complete bid along with all details as sought are submitted asper provisions of the bidding document. The checklist has been provided in the bidding


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document to ensure that any required details are not missed by the bidders whilesubmitting their offer.

7.3 Proposed deployment of resources like manpower, equipment, tools and tackles shall belooked into to ensure performance of work within stipulated time period

7.4 The concurrent commitments of Bidder on various jobs under execution by the bidder willbe taken into account to assess the spare capacity available with the Bidder.

7.5 Performance of bidder on work executed / under execution shall be taken into

consideration before selecting the bidder for opening of his price bid.8.0 OPENING OF PRICE PART OF BID & EVALUATION:8.1 OPENING OF PRICE BID:8.1.1 Priced commercial part of only those bidders, whose bids are considered techno-

commercial acceptable, shall be opened.8.1.2 Bidders selected for opening of their priced bid shall be informed about the date and time

of price bid opening.

8.2 EVALUATION OF PRICE PART:8.2.1 The Schedule of Rates quoted by the bidder shall be taken up for evaluation on overall

basis and the contract shall be awarded to the successful bidder on overall L1 basis. Price

bids containing additional information shall be summarily rejected. Also technical bid,disclosing the price quoted shall be summarily rejected. Evaluation of Price bid shall bedone on overall basis and the work/service contract shall be awarded to the overall lowestbidder.

8.2.2 In case there is tie for L1 price among two or more bidders, then the bidder whoseexecuted value as per the work order & work completion certificate submitted along withtechnical bid is more, shall be considered as actual L1 bidder.

8.2.3 Service Tax shall be added for evaluation.

8.3 PURCHASE PREFERENCE TO PUBLIC SECTOR ENTERPRISE:Owner reserves the right to grant purchase preference to Public Sector Enterprises in

terms of the latest applicable guidelines of the Government of India.8.4 PROCESS TO BE CONFIDENTIAL:

Information related to the examination, clarification, evaluation and comparison of bids,recommendations for award of contract shall not be disclosed to bidder or other personnot officially concerned with such process. Any effort by bidder to influence GAIL inprocessing of bid or award of decisions may result in rejection of such Bids and theowner may initiate action against such bidders, as deemed fit, including putting them on

HOLIDAY LIST.

8.5 OWNERS RIGHT TO ACCEPT OR REJECT A BID:GAIL reserves the right to accept a bid other than the lowest and to accept or reject any

bid in whole or part, or to reject all bids with or without notice or reasons. Such decisionsby GAIL shall bear no liability whatsoever consequent upon such decisions.

8.6 CORRECTION OF ERRORS:8.6.1 Arithmetic Corrections: The bids will be checked for any arithmetical errors as

follows:

8.6.2 Rates should be quoted only in Figures. In case of any error in total indicated by theBidder, the unit price alone shall be considered valid and binding on the Bidder.

If the bidder does not accept the correction of errors, its bid will be rejected and the bidsecurity will be forfeited.

9.0 AWARD OF WORK AND CONTRACT DOCUMENT:9.1 AWARD OF WORK:9.1.1 The bidder whose bid is accepted by GAIL shall be issued Letter of Intent / Fax of

Acceptance (LOI/FOA) prior to expiry of bid validity. Bidder shall confirm acceptance byreturning a signed copy of the LOI / FOA.


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9.1.2 GAIL shall not be obliged to furnish any information / clarification / explanation to theunsuccessful bidders as regards non acceptance of their bids. Except for refund of EMDto unsuccessful bidder, GAIL shall correspond only with the successful bidders.

9.2 CONTRACT DOCUMENT:9.2.1 The successful bidder shall be required to execute a formal agreement in accordance with

the Proforma for Contract Agreement within 15 days of receipt of LOI/FOA/DetailedLetter of Award specified period.

9.2.2 Contract Documents to be signed between GAIL & selected bidder shall consist of thefollowing:

i) Agreement on stamp paper of appropriate value.

ii) Letter of Intent / Fax of Acceptance

ii) Detailed letter of award / acceptance along with agreed variation and otherenclosures.

iii) Original bidding document along with set of drawings.

iv)Addendum/Corrigendum issued to bidder, if any.

9.2.3 Stamp paper of appropriate value shall be provided by the successful bidder afterascertaining its value.

9.2.4 The statement of Agreed variation prepared based on the deviation if any, finally retainedby the bidder and accepted by GAIL, shall form part of detailed Letter of Award (LOA).

9.3 Clause no.27.3 of our GCC i.e. Bonus for Entry Completion is not applicable in thiscontract.

9.4 SIGNING OF AGREEMENT:9.4.1 GAIL will award the Contract to the successful Bidder, who, within 'fifteen [15] days' of

receipt of the same, shall sign and return the acceptance copy to GAIL.

9.4.2 The successful Bidder/Contractor shall be required to execute an 'Agreement' in the

proforma given in this Tender Document on a 'non-judicial stamp paper' of appropriatevalue [cost of the 'stamp-paper' shall be borne by the successful Bidder/Contractor] andof ASSAM State' only, within 'fifteen [15] days' of receipt of the "Letter of Acceptance[LOA]" of the Tender by the successful Bidder/Contractor. In the event of failure on thepart of the successful Bidder/Contractor to sign the 'Agreement' within the abovestipulated period, the 'Earnest Money / Bid Security' shall be forfeited and the acceptanceof the Tender may be considered as cancelled.

9.5 BID CURRENCIES: The bid should be submitted in INDIAN RUPEES[INR] only.

9.6 BID VALIDITY:9.6.1 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.9.6.2 In exceptional circumstances, prior to expiry of the original 'Bid Validity Period', the

Employer may request that the Bidders extend the 'Period of Bid Validity' for a specifiedadditional period. The request and the responses thereto shall be made in writing or byfax/email. A Bidder may refuse the request without forfeiture of his 'Bid Security'. ABidder agreeing to the request will not be required or permitted to modify his Bid, but willbe required to extend the validity of its 'Bid Security' for the period of the extension andin accordance with "ITB in all respects.

10.0 Other conditions applicable to Enquiry.

10.1 LATE BID:i) All tenders received after the notified time and date of closing of tenders will be treated

as late tenders.ii) Unsolicited alternations or modifications of tenders received after the notified time and

date of closing of the tenders shall not be entertained.


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iii) Late tenders shall be returned to the bidder within 10 days in unopened condition. Thebid bond of such bidders shall be returned along with the unopened bid. In case of e-tendering where bid bond is received but bid is not submitted by the bidder, such bidbond shall be returned immediately.

iv) Unsolicited bids or bids being submitted to addresses other than the one specificallystipulated in the tender documents will not be considered for evaluation if not receivedto the specified destination within stipulated date and time./

10.2 A Job executed by a bidder for its own plant/projects cannot be considered asexperience for the purpose of meeting requirement of BEC of the tender. However, jobsexecuted for Subsidiary/Fellow Subsidiary/ Holding company will be considered asexperience 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 insupport of the job executed for subsidiary/ Fellow subsidiary/ Holding company. Suchbidders to submit these documents in addition to the documents specified in the biddingdocuments to meet BEC.

10.3 A new clause no. 36.5 in the General Conditions of Contract (GCC) for Works has beenappended as under :

(i) The contractor shall obtain necessary certificate with regard to verification ofcharacter and antecedents in respect of personnel deployed/ proposed to bedeployed to carry out the contractual obligations and provide the copy of the saidcertificate for facilitating Photo Pass to enter into GAILs premises.

10.4 AHR ITEMS (Abnormally High Rates):In items rate contract where the quoted rates for the items exceed 50% of the estimaterates, such items will be considered as Abnormally High Rates (AHR) items and paymentof AHR items beyond the SOR stipulated quantities shall be made at the lowest amongstthe following rates :

i) Rates as per SOR, quoted by the Contractor.ii)Rate of the item , which shall be derived as follows :

a) Based on rates of Machine and labour as available from the contract (whichincludes contractors supervision, profit, overheads and other expenses).

b) In case rates are not available in the contract, rates will be calculated based onprevailing market rates of machine, material and labour plus 15% to covercontractors supervision profit, overhead & other expenses.

10.5 DISPUTE RESOLUTION: Please read this clause in conjunction with GCC clause no.107.

(i) GAIL (India) Limited has framed the Conciliation Rules 2010 in conformity withsupplementary to Part-III of the Indian Arbitration and Conciliation Act 1996 for speedier,cost effective and amicable settlement of dispute through conciliation. A copy of the saidrules made available on GAILs web site www.gailonline.com for reference. Unlessotherwise specified, the matter where decision of the Engineer-in-Charge is deemed to befinal and binding as provided in the Agreement and the issues/disputes which cannot bemutually resolved within a reasonable time, all disputes shall be settled in accordancewith the Conciliation Rules 2010.

(ii) Any dispute(s)/difference(s)/issue(s) of any kind whatsoever between/ amongst theParties arising under/out of/in connection with this contract shall be settled in accordancewith the afore said rules.

(iii) In case of any dispute(s)/difference(s)/issue(s), a Party shall notify the other Party (ies)in writing about such a dispute(s)/ difference(s)/ issue(s) between/ amongst the Partiesand that such a Party wishes to refer the dispute(s)/ difference(s)/issue(s) to Conciliation.Such invitation for Conciliation shall contain sufficient information as to thedispute(s)/difference(s)/issue(s) to enable the other Party(ies) to be fully informed as to


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the nature of the dispute(s)/difference(s)/issue(s), the amount of monetary claim, if any,and apparent cause(s) of action.

(iv) Conciliation proceedings commence when the other party(ies) accept(s) the invitation toconciliate and confirmed in writing. If the other party(ies) reject(s) the invitation, therewill be no conciliation proceedings.

(v) If the party initiating conciliation does not receive a reply within thirty days from the dateon which he/she sends the invitation, or within such other period of time as specified in

the invitation, he/she may elect to treat this as a rejection of the invitation to conciliate.If he/she so elects, he/she shall inform the other Party (ies) accordingly.

(vi) Where invitation for Conciliation has been furnished, the Parties shall attempt to settlesuch dispute(s) amicably under Part-III of the Indian Arbitration and Conciliation Act,1996 and GAIL(India) Limited Conciliation Rules, 2010. It would be only after exhaustingthe option of Conciliation as an Alternate Dispute Resolution Mechanism that the Partieshereto shall go for Arbitration. For the purpose of this clause, the option of Conciliationshall be deemed to have been exhausted, even in case of rejection of Conciliation byany of the Parties.

(vii) The cost of Conciliation proceedings including but not limited to fees for conciliator(s), Airfare, Local Transport, Accommodation, cost towards conference facility etc. shall beborne by the Parties equally.

(viii) The Parties shall be freeze claim(s) of interest, if any, and shall not claim the same duringthe pendency of Conciliation proceedings. The Settlement Agreement, as and whenreached/agreed upon, shall be signed between the parties and Conciliation proceedingsshall stand terminated on the date of the Settlement Agreement.

10.6 In case after price bid opening the lowest evaluated bidder (L1) is not awarded the jobfor any mistake committed by him in bidding or withdrawal of bid or varying any term inregard thereof leading to re-tendering, GAIL shall forfeit Earnest Money paid by the

bidder and such bidders shall be debarred from participation in re-tendering of the samejob(s)/item(s).

10.7 Following provisions are applicable for MSE (Micro and Small Enterprises):

i) Issue of Tender Documents 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 price band ofL1+15% shall also be allowed to supply a portion of requirement by bringing down theirprices to L1 price in a situation where L1 price is from someone other than a micro andsmall enterprises and such micro and small enterprises shall allowed to supply up to 20%

of the total tendered value. In case of more than one such Micro and Small Enterprises,the supply shall be shared proportionately (to tendered quantity). Further, out of above20%, 4% (20% of 20%) shall be from MSEs owned by SC/ST entrepreneurs. This quotais to be transferred to other MSEs in case of non-availability of MSEs owned by SC/STenterprises.


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iv)The quoted prices against various items shall remain valid in case of splitting of quantitiesof the items as above.

v) In case bidder is a Micro or Small Enterprise under the Micro, Small and MediumEnterprises Development Act 2006, the bidder shall submit the following:

a) Documentary evidence that the bidder is a Micro or Small Enterprises registered withDistrict Industries Centers or Khadi and Village Industries Commission or Khadi and

Village Industries Board or Coir Board or National Small Industries Corporation orDirectorate of Handicrafts and Handloom or any other body specified by Ministry ofMicro, Small and Medium Enterprises.

b) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriatedocumentary evidence in this regard.

The above documents submitted by the bidder shall be duly certified by the StatutoryAuditor of the bidder or a practicing Chartered Accountant (not being an employee or aDirector or not having any interest in the bidders company/firm) where auditedaccountants are mandatory as per law.

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

vi) If against an order placed by GAIL, successful bidder(S)( other than Micro/SmallEnterprise) is procuring material/services from their sub-vendor who is a Micro or SmallEnterprise registered with District Industries Centers or Khadi and Village IndustriesCommission or Khadi and Village Industries Board or Coir Board or National SmallIndustries Corporation or Directorate of Handicraft and Handloom or any other bodyspecified by Ministry of Micro, small and Medium Enterprises with prior consent in writingof the purchasing authority/Engineer-in-charge, the details like name, Registration No.,

Address, Contact No. details of material & value of procurement made, etc. of suchEnterprises shall be furnished by the successful bidder at the time of submission ofinvoice/Bill.

Note:-1. Please confirm that you have received the tender document and will be quoting for the

tender items/jobs. In case, you are not quoting for the same, please send the reasonsfailing which GAIL may not send tender document to such bidder(s) in future.

1 Please note that this is a zero deviation tender. Bidder is advised to strictly confirmcompliance to tender conditions and not to stipulate any deviation / conditions in theiroffer. Subsequent to bid submission, GAIL will not seek confirmations / clarifications and

any bid(s) not in line with tender conditions shall be liable for rejection.2Bidder is also requested to submit the documents / confirmations strictly as per the checklist Annexure-Benclosed in the tender document.

SIGNATURE OF BIDDER : _____________________________NAME OF BIDDER : _____________________________COMPANY SEAL : _____________________________


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ANNEXURE-III

SPECIAL CONDITIONS OF THE CONTRACT (SCC):PART-A



1.0 GENERAL:

1.1 The Special Condition of Contract shall be read in conjunction with the General Conditionsof Contract, Schedule of Rates, Specifications, Drawings and any other documentsforming part of contract, wherever the context so requires. Notwithstanding the sub-division of the documents into these separate sections and volumes, every part of eachshall be deemed to be supplementary to and complementary of every other part and shallbe read with and into the CONTRACT so far as it may be practicable to do so.

1.2 Where any portion of the General Condition of Contract is repugnant to or at variance

with any provisions of the Special Conditions of Contract, unless a different intentionappears, the provisions of the Special Conditions of Contract shall be deemed to over-ridethe provisions of the General Conditions of Contract and shall to the extent of suchrepugnancy, or variations, prevail.

1.3 Wherever it is mentioned in the specifications that the CONTRACTOR shall performcertain WORK or provide certain facilities, it is understood that the CONTRACTOR shall doso at his cost and the VALUE OF CONTRACT shall be deemed to have included cost ofsuch performance and provisions, so mentioned.

1.4 The materials, design, and workmanship shall satisfy the relevant INDIAN STANDARDS,the JOB SPECIFICATIONS contained herein and CODES referred to. Where the job

specification stipulate requirements in addition to those contained in the standard codesand specifications, these additional requirements shall also be satisfied.

1.5 The intending bidder shall be deemed to have visited the site. Non-familiarity with sitecondition and unawareness of General Condition of contract will not be considered areason either for extra claim or for not carrying out work in strict conformity withdrawings and specifications.

2.0 LOCATION:

The Location of the work shall be as per Special Conditions of Contract Part-B.

3.0 SCOPE OF WORK:The Scope of work shall be as perSpecial Conditions of Contract Part-B.

4.0 TIME OF COMPLETION/PERIOD OF CONTRACT:

The Time of Completion/Period of Contract shall be as per Special Conditions ofContract Part-B of tender. The work shall be executed strictly as per time Schedulegiven in Tender Document. The period of completion given includes the time required formobilization as well as completion in all respects to the entire satisfaction of theEngineer-in-Charge.

5.0 MODE OF PAYMENT:

Payment shall be released through electronic mode (e-banking) only to your bankaccount. You are requested to furnish attachedAnnexure-Dafter duly filled and signedand stamped from your authorized signatory and countersigned by your banker.


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The bidders who have already furnished their bankers detail in the specified format(whichever is applicable) to GAIL, Lakwa, further declaration of bankers detail is notrequired.

6.0 PAYMENT TERMS:The payment will be made after completion of the work as certified by EIC and onsubmission of bills as per Special Conditions of Contract Part-B of tender. Forenabling e-banking transfer, the party is required to submit the account number in a

bank having e-banking facility. Payment shall be made after due deductions of applicabletaxes and any other statutory deductions as applicable.

7.0 PRICE REDUCTION SCHEDULE:

7.1 Time is the essence of the contract. In case the contractor fails to complete the workwithin the stipulated period, then, unless such failure is due to owners defaults, thecontractor shall pay to the owner, by way of compensation for delay and not as penalty,a sum @ 1/2% (Half percent) of the value of contract for delay per week or part thereofsubject to a maximum of 5% (Five percent) of the value of work executed.

7.2 The decision of the Engineer-In-Charge in regard to applicability of compensation for

delay shall be final and binding on the contractor.

7.3 Please read this clause in conjunction with Clause No. 27 of General Conditions ofContracts and Clause No. 13 of SCC (Special Conditions of Contracts) Part-B.

8.0 INCOME TAX/ SALES TAX/WORKS CONTRACT TAX:

8.1 Income Tax deduction shall be made from all payments to the contractors as per rulesand regulation in force in accordance with the Income Tax Act prevailing from time totime. Sales Tax, Works Contract Tax and other duties/ levies, as applicable shall be borneby the contractor.

8.2 GAIL will issue the necessary certificate for income tax deduction at source, however, thecontractor has to submit detail of their Permanent Account No. (PAN) before issue ofsuch certificate. However, if the contractor has not been allotted PAN and has applied forthe same to Income Tax department / the authorized agency nominated by Income Taxdepartment, contractor shall submit the copy of application filed for allotment of PAN No.In absence of any of these documents, no TDS certificate shall be issued by GAIL.

8.3 Similarly, in case of Works Contract (involving both supply of material and services) Taxwill be deducted at source by GAIL towards W.C.Tax at the rate applicable from time toand issue necessary certificate to this effect.

9.0 SERVICE TAX:

9.1 The Quoted rates should be inclusive of all taxes & duties applicable during the contractperiod except Service Tax and Education Cess thereon. Service Tax and Cess thereonshall be paid extra if applicable on submission of documentary evidence/invoice(s).

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

9.3 The Contractors liable to pay Service Tax for the work / services rendered to GAIL, shallspecifically mention the Service Tax registration No. in their Invoice(s). Further, theamount and rate of Service Tax shall be separately and distinctly specified in the

Invoice(s).

9.4 For payment of service tax, serially numbered invoice / bill shall be issued by the serviceprovider and should also specify following:

(i) The name, address and registration number of the service provider


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(ii) The name and address of the recipient of the taxable service

(iii) Description, classification and value of taxable service provided and

(iv) The service tax payable on such services

The above details are required to enable GAIL to avail Cenvat credit for the service taxpayments.

9.5 Penal Action will be taken against the successful bidder, if it is brought to the notice ofGAIL that the vendor have not deposited service tax collected from GAIL to theGovernment exchequer.

10.0 SECURITY DEPOSIT/CONTRACT PERFORMANCE SECURITY/CONTRACTPERFORMANCE BANK GURANTEE:

10.1 Successful bidder has to deposit contract performance security @ 7.5% of total contractvalue or the actual value of work to be done whichever is applicable due to any additionalwork or any other reasons in the following manner:

a) Initial Security Deposit @ 2.5% within 15 days from the date of award.

b) Remaining 5% shall be recovered from their RA Bills. .Note: Contract value as mentioned above shall be excluding taxes & duties/service tax.

10.2 Security Deposit/Contract performance Guarantee can be submitted at the biddersoption, in the form of bank Guarantee, Demand Draft (DD), bankers Cheque, a letter ofcredit to be denominated in the currency of contract for the amount as applicable.

10.3 GAIL shall pay no interest on the Earnest Money deposit or Security Deposit orperformance bank guarantee furnished by the contractor and the Security deposit will berefunded after the expiry of Defects Liability Period.

10.4 The Security deposit / bank guarantee shall liable to be forfeited / invoked in case oftermination of the contract by GAIL under SCC Part-A of the tender.

10.5 GAIL shall have right to recover from the security deposit / bank guarantee the balanceamount, if any, which could not be recovered from the payments to the contractor underany of the clauses of this contract.

10.6 The contractor shall be liable to pay further balance of recovery / claim if any, whichcould not be recovered from the payments to the contractor and / or from the securitydeposit / bank guarantee.

10.6.1Security deposit / Contract Performance Bank Guarantee is towards performance

guarantee for satisfactory performance of the contract. Therefore, the Bank Guaranteeshould be valid up to expiry of defect liability period/120 days after completion of thecontract period. In the absence of such validity, payments of all dues to the contractorwill be withheld. On production of performance guarantee, Earnest Money Deposit will bereleased.

10.7 The Security Deposit / Bank guarantee, subject to recoveries, if any, shall be refunded tothe contractor after the successful completion of the contract and after expiry of thedefect liability period.

10.8 In case the contractor fails to carry out the job, as per the terms and conditions of thecontract, the security deposit / bank guarantee is liable to be forfeited / invoked, without

prejudice to any other right, which GAIL may have under this contract or otherwise.

10.9 The Bank Guarantee has to be given as per Performa enclosed with the tender.

10.11The security Deposit /Contract Performance Guarantee will invariable be obtained evenfrom the Public sector Undertaking (which is otherwise exempted from (EMD).


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10.12Bank Guarantee towards Contract Performance Security may be accepted from anyIndian schedule bank or a branch of an International bank situated in India andregistered with Reserve Bank of India as scheduled foreign bank in case of Indian bidderas well as foreign bidder. However, other than the Nationalized Indian Banks, the bankswhose BGs are furnished, must be commercial banks having net worth in excess ofRs.100 crores and a declaration to this effect should made by such commercial bankeither in the Bank Guarantee itself or separately on a letter head.

10.13The Contractors/suppliers (successful bidders) should ensure that BGs to be submitted bythem should be sent to GAIL (India) Ltd., Lakwa directly by issuing bank underRegistered Post (AD).

10.14In exceptional cases, where the BG are received through the contractors, suppliers etc.,the issuing branch should be requested to immediately send by Registered Post (AD) anunstamped duplicate copy of the Guarantee directly to GAIL (India) Limited, Lakwa witha covering letter to compare with original BGs and confirm that it is in order.

11.0 TERMINATION:

11.1 GAIL may without prejudice to its rights against the contractor in respect of any delay orotherwise or any claims for damage, in respect of any breach of the terms of the contractand without prejudice to any rights or remedies under any of the provisions of thiscontract or otherwise, by notice in writing absolutely terminate the contract withimmediate effect in any of the following cases:

a) In the event of the contractor going into liquidation or winding up his business ormaking arrangement with his creditors, GAIL shall have the right to terminate thecontract without prejudice to any other rights / remedies.

b) In the event, if it is found that contract has been procured by submitting incorrect orincomplete statements by the contractor or by marking any misrepresentation.

c) If in the opinion of GAIL, the contractor has delayed or suspended the execution ofwork, the facilities and Vehicle etc., offered by the contractor to be inadequate foreffective completion of the job.

d) In the event of any breach of the terms and conditions of the contract by thecontractor or if the contractor is found to be indulging in activity subversive to GAILsinterest or activity prejudicial to the interests of GAIL and for any other good orsufficient reasons.

e) Up to such termination of the contract the security Deposit / Bank Guarantee areliable to be forfeited / invoked to satisfy the outstanding claims of GAIL.

11.2 Notwithstanding anything contained above, GAIL may as its sole discretion, terminate thiscontract by giving the contractor 30 days written notice to the effect., withoutassigning any reasons whatsoever.

11.3 The contract shall be deemed to have expired on expiry of the original period of twoyears unless extended or handing over of Lakwa Plant to BCPL whichever is earlier.

12.0 FALSE/FORGED DOCUMENTS:

12.1 Bidder is required to furnish the complete and correct information/documents requiredfor evaluation of their bids. If the information/documents forming basis of evaluation isfound to be false/forged, the same shall be considered adequate ground for rejection ofthe Bids and forfeiture of Earnest Money Deposit.

12.2.1Incase, the information/document furnished by the vendor/contractor forming basis ofevaluation of his bid is found to be false/forged after the award of the contract. GAILshall have full right to terminated the contract and get the remaining job executed at the


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risk & cost of such vendor/contractor without any prejudice to other right available toGAIL under the contract such as forfeiture of CPBG/Security Deposit, withholding ofpayment etc.

12.2.2Incase, this issue of submission of false document comes to the notice after execution ofwork, 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.

12.2.3Further, such bidder/vendor/contractor shall be put on Blacklist/Holiday List of GAILdebarring them from future business with GAIL.

13.0 TECHNICAL SPECIFICATION:

As enumerated in Special Conditions of Contract Part-B/Scope of Work.

14.0 TESTS AND INSPECTION:

14.1 The Contractor shall carry out the various tests as enumerated in the technicalspecifications of this tender document and the technical documents that will be furnishedto him during the performance of the work and no separate payment shall be madeunless otherwise specified in schedule of rates.

14.2 All the tests either on the field or at outside laboratories concerning the execution of thework and supply of materials by the Contractor shall be carried out by Contractor at hisown cost.

14.3 The Contractor shall provide for purposes of inspection, Access ladders, lighting andnecessary instruments at his own cost.

14.4 Any work not conforming to execution drawings, specifications or codes shall be rejectedforthwith and the Contractor shall carryout the necessary rectification at his own cost.

14.5 All results of inspection and tests will be recorded in the inspection reports, Proforma ofwhich will be approved by the Engineer-in-Charge. These reports shall form part of the

completion documents.

14.6 For materials supplied by Owner, Contractor shall carryout the tests, if required by theEngineer-in-Charge, and the cost of such tests shall be reimbursed by the owner at actualto the Contractor on production of documentary evidence. Contractor shall inspectcarefully all equipment before receiving them from Owner for installation purposes. Anydamage or defect noticed shall be brought to the notice of Engineer-in-Charge.

14.7 Inspection and acceptance of work shall not relieve the Contractor from any of hisresponsibilities under this Contract.

15.0 MEASUREMENT OF WORK:

Measurement of works shall be made in the units mentioned in the Schedule of Rates.

16.0 DEFECT LIABILITY PERIOD:As per SCC Part-B (If Applicable)

17.0 CONSTRUCTION EQUIPMENT AND SITE ORGANIZATION: - Not Applicable

17.1 The Contractor shall without prejudice to his overall responsibility to execute andcomplete the work as per specifications and time schedule, progressively deployadequate equipment and tools and tackles and augment the same as decided by theEngineer-in-Charge depending on the exigencies of the work so as to suit thework/construction schedule without any additional cost to owner. The bidder shall submit

a list of construction equipment he proposes to deploy for the subject work along withdeployment schedule. No Construction Equipment shall be supplied by the Owner.

17.2 Subject to the provisions in the tender document and without prejudice to Contractor'sliabilities and responsibilities to provide adequate qualified and skilled personnel on thework, contractor shall deploy site organization and augment the same as decided by the


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Engineer-in-Charge depending on the exigencies of work, without any additional cost toowner. The bidder shall submit the details of minimum site organization proposed by him.

18.0 MOBILIZATION ADVANCE (M.A.):

No mobilization advance is payable for this work.

19.0 COMPENSATION FOR EXTENDED STAY:

No compensation for extended stay is payable to contractor.

20.0 ABNORMAL RATES:

The bidder is expected to quote rate for each item after careful analysis of cost involvedfor the performance of the completed item considering all specifications and conditions ofcontract. This will avoid loss of profit or gain in case of curtailment or change ofspecification for any item. In case it is noticed that the rates quoted by the bidder for anyitem are unusually high or unusually low, it will be sufficient causes for the rejection ofthe tender unless the EMPLOYER is convinced about the reasonableness after scrutiny ofthe analysis for such rate(s) to be furnished by the Bidder (on demand).

21.0 MISCELLANEOUS:All obligations arising of labor deployment labor laws to meet the necessary statutoryrequirement would solely lie on the contractor. Contractor would be solely responsible forsafety and security of manpower and materials.

22.0 SUBMISSION OF TENDER DOCUMENTS:Over-writing should be avoided. Any overwriting or cutting should be signed by thebidder. All copies of tender documents along with drawings should be signed andsubmitted by the bidder.

23.0 SCHEDULE OF RATES:

23.1 The quantities indicated in Schedule of Rates are tentative. The rates quoted by thebidder shall remain firm for any variation and will be assumed to be inclusive of all taxes& duties excluding Service Tax & Cess thereon.

23.2 No escalation of whatsoever nature shall be paid to the contractor for the entire ContractPeriod.

23.3 In case of any variation in rates quoted for similar items in different sub heads of workfor the same package/work, the lowest of the rates quoted shall be payable irrespectiveof the sub heads.

24.0 CONTRACT AGREEMENT:

The successful contractor shall enter into an agreement with GAIL in the prescribedProforma within 15th days of the issue of LOA/LOI whichever is earlier. The agreementshall be executed on non-judicial stamp paper of Assam for Rs.100/- .The cost of stamppaper shall be borne by the contractor. The format of agreement is available with tenderdocument.

25.0 SUPERVISION OF WORK:As per Special Conditions of Contract Part-B.

26.0 CLEARANCE OF SITE:

26.1 As a part of the contract the contractor shall completely remove all temporary/disposablematerials, while execution of work at his own cost and initiative and dispose off the sameas directed by Engineer-in-charge.

26.2 The works will not be considered as complete and taken over by the owner, until all thetemporary works, labor and staff colonies etc. constructed are removed and the work site


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cleared to the satisfaction of the Engineer-in-charge, surplus materials and rubbish iscleared off the site completely and the work shall have been measured by the Engineer-in-charge whose measurement shall be binding and conclusive.

26.3 If the contractor fails to comply with the requirements of this clause on or before thedate fixed for the completion of the work, the Engineer-in-charge may at the expense ofthe contractor remove such surplus materials and rubbish and dispose off the same ashe thinks fit and clean off such dirt as aforesaid, and the contractor shall forthwith pay

the amount of all expenses as incurred and shall have no claim in respect of any suchsurplus materials as aforesaid except for any sum actually realized by the sale thereof.

27.0 ADHERENCE TO SAFETY REGULATIONS:Contractor shall ensure that all safety precautions required are observed at all timesduring the execution of the job.

28.0 NUISANCE:The contractor or his representative shall not at any time cause any nuisance on the siteor do anything which shall cause unnecessary disturbance to the owners or tenants oroccupants or their properties near the site and to the public generally.

29.0 OWNER NOT BOUND BY PERSONAL REPRESENTATION:The contractor shall not be entitled to any increases on the schedule of rates or any otherright or claim whatsoever by reason of any representation, explanation statement oralleged representation explanation statement or alleged representation, promise orguarantees given or called to have been given to him by any person.

30.0 CARE OF WORKS:From the commencement to completion of the work, the contractor shall take fullresponsibility for the care for all works including all temporary works any in case anydamages, loss or injury shall happen to the work or to a part thereof or to any temporaryworks from any reason.

31.0 DEFENCE OF SUITS:If any action in court is brought against the owner or an officer or agent of the owner, forthe failure, omission or neglect on the part of the contractor to perform any acts,matters, convenient or things under the contract or damage or injury caused by thealleged omission or negligence on the part of the contractor, his agents, representative orhis subcontractors or in connection with any claim based on lawful demand of sub-contractor, shall in such cases indemnify and keep the owner and/or their representativesharmless from all lesson, damages, expenses or decrease arising out of such action.

32.0 COMPLIANCE WITH LABOUR/INDUSTRIAL LAWS:

The contractor shall ensure adherence to various legislations while and after award of thecontract:

32.1 The Contractor/contracting firm shall obtain comprehensive insurance policy covering allrisks such as accidents, injuries and death likely to be caused to his workers or -to a thirdperson including loss to the properties of Owner /GAIL or to some other agency. Thepremium amount should be deposited with the insurance agency by the contractorregularly and without any delay.

32.2 In case of any accident resulting in injury or death in respect of the personnel deployedby the contractor during the execution of the work, the contractor shall be solely

responsible for payment of adequate compensation, insurance amount, etc. to the personinjured/next kith and kin of the deceased. Contractor shall indemnify GAIL from suchliabilities.

32.3 The contractor/contracting firm shall not employ any person suffering from anycontagious, loathsome or infectious disease. The contractor/contracting firm shall get


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examined his employees / workers through a Government Doctor before deployment andtheir Annual Health Check Up report in the standard format is enclosed with the tenderdocument should be submitted to EIC from time to time

32.4 No worker of contractor/contracting firm and contractor himself shall be allowed toconsume alcoholic drinks or any narcotics within the plant premises. If found under theinfluence of above, the contractor/contracting firm shall have to change/replace him,failing which, GAIL may terminate the contract.

32.5 The contractor/contracting firm shall indemnify GAIL against all claims, demands, actions,cost and charges etc. brought by any Court, Competent Authority / Statutory Authoritiesagainst any act or acts of the contractor/contracting firm or his workers.

32.6 The contractor/contracting firm shall deploy the workers after verification of theircharacter and antecedents. In case any worker is found having criminal record, he shallhave to be immediately replaced without any delay.

32.7 The persons to be deployed should be on rolls of the contractor/contracting firm.

32.8 The contractor/contracting firm shall issue proper identity cards to all the workers who

are to be engaged for the job. The identity cards shall be signed by the contractor or hisauthorized representative. The contractor/contracting firm shall also be responsible forobtaining the gate passes from CISF in respect of all their personnel.

32.9 The supervision of the personnel shall be done by the contractor/contracting firm throughtheir authorized representative.

32.10 The contractor shall be solely responsible for disciplining the personnel deployed by him.Further, he shall ensure that none of his workers create any nuisance or indulge in anti-social and criminal activities during the entire period of contract. In case, anybody isfound indulging in such activities, then he will have to be immediately removed withoutany prejudice to further necessary action as deemed fit.

32.11 Sub letting of work without prior written permission of GAIL: No contractor/contractingfirm shall sub let or assign any work in part or whole to any individual, proprietorshipfirm, partnership firm, Private Ltd. Company, etc. without prior written permission ofGAIL.

32.12 The contractor/contracting firm shall be required to obtain Labour License from AssistantLabour Commissioner (Central), Sivasagar if he engages 20 or more workmen/labours.

32.13 The contractor/contracting firm shall pay the wages to the workers latest by 7thof thesubsequent month at the rates as per the Minimum Wages Act and as notified by the

Assistant Labour Commissioner (Central), Dibrugarh from time to time. The Engineer Incharge shall ensure that the contractor/contracting firm is making payment of wages toits labours not less than the wages notified by the appropriate authority from time totime.

32.14 The contractor/contracting firm shall have a separate Provident Fund Code allotted in hisname by the Regional Provident Fund Commissioner and submit the copy of monthlychallan for the amount deposited towards Provident Fund along with a list of hislabours/workers to the Engineer In charge.

32.15 The contractor/contracting firm shall be required to deposit contribution towardsProvident Fund, Pension, ESI, if applicable, or any other statutory payments to be made

in respect of his workers well in time and submit a copy of challan to owner/Engineer In-charge in monthly basis failing which GAIL will deduct from his bills the amountequivalent to such deductions along-with penalty as per the provisions of the applicable

Act.


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32.16 The contractor/contracting firm shall obtain registration under Inter State MigrantWorkmen (Regulation of Employment and Conditions of Service) Act, 1979 if he deploysand engages labours from states other than Assam.

32.17 The contractor/contracting firm shall strictly comply with the various provisions ofPayment of Wages Act, 1936, Workmens Compensation Act, 1923, Minimum Wages Act,1948, Contract Labour (Regulation & Abolition) Act,1970, Employees Provident Fund andMiscellaneous Provisions Act. 1952, etc. and other labour legislations as in existence (at

present in India) and as amended from time to time.

32.18 No accommodation will be provided to the contractor/contracting firm as per guidelinesof GAIL Corporate Office, New Delhi.

32.19 The deployed labour by the contractor shall be directly controlled / supervised / directedby the contractor himself or his representatives.

33.0 PHOTOGRAPHS/ LABOUR PERMISSION/VEHICLE PERMISSION:

The contractor shall arrange to make photo gate passes/ labor permissions/ vehiclepasses etc. for his persons/ labors/ vehicles for working in site plant premises at his owncost as per rules GAIL.

34.0 ARBITRATION CLAUSE:

34.1 All disputes or differences, whatsoever, arising between the parties hereto pertaining toany part of the contract including its execution or concerning the WORKS or maintenancethereof this CONTRACT or to the rights or to liabilities of the parties or arising out or inrelation thereto whether during or after completion of the CONTRACT or whether beforeor after determination, foreclosure or breach of the CONTRACT (other than those inrespect of which the decision of any person is by the CONTRACT expressed to be finaland binding) shall after written notice by either party to the CONTRACT be referred foradjudication to a sole arbitrator to be appointed by GAIL as hereinafter provided.

34.2 For the purpose of appointing the Sole Arbitrator referred to above, the AppointingAuthority will send within thirty days of receipt of the notice, to the CONTRACTOR apanel of three names which are not connected with the work in question.

34.3 The CONTRACTOR shall on receipt of the names as aforesaid, select any one of thepersons named to be appointed as a sole Arbitrator and communicate his names to the

Appointing Authority within thirty days of receipt of names. The Appointing Authorityshall thereupon without any delay appoint the said person as the sole arbitrator. If theCONTRACTOR fails to communicate his choice for appointment of Arbitrator, the

Appointing Authority shall do it on expiry of 30 days.

34.4 If the Arbitrator so appointed is unable to or unwilling to act or resigns or vacates hisoffice due to any reason whatsoever, another sole Arbitrator shall be appointed asaforesaid.

34.5 The WORK under the CONTRACT shall however, continue during the Arbitrationproceedings and no payment due or payable to the CONTRACTOR shall be withheld onaccount of such proceedings.

34.6 The award of the Arbitrator shall be final and binding on both the parties.

34.7 Subject to aforesaid the provisions of the Indian Arbitration and Conciliation Act, 1996 orany statutory modification or re-enactment thereof and the rules made there under, and

for the time being in force, shall apply to the arbitration proceeding under this clause.


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35.0 JURISDICTION:The venue for arbitration shall be New Delhi. The arbitrator may with the consent of theparties enlarge the from time to time to make and publish his award. The arbitrator willdecide by whom and what proportion the arbitrators fees at cost incurred in arbitrationshall be borne.

36.0 INDEMNIFY:The Contractor shall indemnify and save GAIL, its agents, servants, representatives

harmless from and against all actions, suits proceedings, losses, cost, damages, charges,claims and demands of every nature and description brought or recoveries made againstthe GAIL by reasons of any act or omission of the contractor, his agents, representativesor employees in the execution of the contract.

37.0 PRICE PREFERENCE:Price Preference to Central/State Government/Public Sector, Enterprises (PSEs), PublicSector Construction and Services Enterprises or joint ventures with PSEs shall beapplicable as per directives of Government of India.

38.0 PENALTY AGAINST VIOLATION OF SAFETY, HEALTH AND ENVIRONMENT

RELATED NORMS:39.0 Against Violation of applicable Safety, Health and Environment related norms, a penalty

of Rs. 5,000.00 per occasion.

40.0 Violation as above resulting in:i) Any physical injury, a penalty of 0.5% of the contract value (maximum of

Rs.2,00,000.00) per injury in addition to Rs.5,000.00 as in item no. 40.1.ii) Fatal accident, a penalty of 1% of the contract value (maximum of Rs.10,00,000.00)

per fatality is addition to Rs.5,000.00 as in item no. 40.1.

SIGNATURE OF BIDDER : _____________________________NAME OF BIDDER : _____________________________COMPANY SEAL : _____________________________


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ANNEXURE-IV

SPECIAL CONDITIONS OF THE CONTRACT (SCC) :PART-B & SCOPE OF WORK



Special conditions of contract shall be read in conjunction with the General Conditions ofContract, Specifications of work, drawing and any other document forming part of this contract,wherever the context so requires.

Notwithstanding the sub divisions of this document into separate sections and volumes, everypart of each shall be deemed to be supplementary to and complementary of every other partand shall be read with and into the contract so far as it may be practicable to do so.

Where any portion of the Special Conditions of Contract is repugnant to or at variance with any

provisions of the General Conditions of Contract, the provision of the Special Conditions ofContract shall be deemed to over-ride the provisions of the General Conditions of Contract.

Wherever, it is mentioned in the specifications that the Contractor shall perform certain work orprovide certain facilities, it is understood that the Contractor shall do so at his own cost and thecontract price shall be deemed to have included the cost of such performances and provisionsmentioned.

The work shall be strictly carried out as per the detailed work order along with statement ofagreed variations and its enclosures, schedule of rates, special conditions of contract, technical

specifications/specific requirements, General Conditions of Contract.

1.0 SITE INFORMATION: The AMC is to be carried out for the below mentioned site of

GAI

tender for cathodic protection_20141103_110356.pdf

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