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GAIL (India) Limited
(A Government of India Undertaking)
A Maharatna Company
7th Floor, ‘B’ Wing, Priyadarshini Building,
Eastern Express Highway, Sion (E), Mumbai-400 022.
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
E-Tender no. 8000007766
BID DOCUMENT FOR
DIGGING AND GAS PIPELINE INSPECTION (BELL
HOLE TEST) OF MAHARASTRA REGION PIPELINE
OPEN DOMESTIC COMPETITIVE BIDDING
Contact Details:
GAIL (India) Limited
7th Floor, ‘B’ Wing,
Priyadarshini Building,
Eastern Express Highway,
Sion (E), Mumbai- 400 022.
Phone No. 022-2404 5453/56 Ext-382/384
Contact Person:
CM (C&P) / DM (C&P)
E-mail [email protected] ; [email protected];
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GAIL (India) Limited
(A Govt. of India Undertaking)
NOTICE INVITING TENDER (NIT) ON OPEN DOMESTIC COMPETITIVE BIDDING
BASIS
Bids under e-tender two bid system are invited from eligible bidders as per following details:
Tender No.
Item Description
GAIL/MU/C&P/O&M/14/C064 (Etender No. 8000007766)
DIGGING AND GAS PIPELINE
INSPECTION (BELL HOLE TEST)
OF MAHARASTRA REGION
PIPELINE
Last date & time for
receipt of bids
04.04.2015
upto 14:00 Hrs.(IST)
For complete details of tender documents and other details, the bidders are requested to visit GAIL etender portal https://etender.gail.co.in/irj/portal and tender website http://www.gailtenders.in/home.asp
For any queries, please contact Chief Manager (C&P) / Dy. Manager (C&P), GAIL, Mumbai Phone:
022-24045453/56, Ext: 380/384 E-mail: [email protected] ; [email protected];
GAIL reserves the right to reject any or all the Bids received at its discretion without assigning any
reason whatsoever.
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TABLE OF CONTENTS
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
(E-TENDER DOCUMENT NO. 8000007766)
Introduction
SL.
NO.
SECTION
DESCRIPTION
1
SECTION - I
INVITATION FOR BIDS
2
SECTION - II
INSTRUCTION TO BIDDERS
3
SECTION - III
FORMS & FORMATS
4
SECTION - IV
GENERAL CONDITIONS OF CONTRACT
5
SECTION - V
SPECIAL CONDITIONS OF CONTRACT &
SCOPE OF WORK
6
SECTION - VI
PRICE SCHEDULE / SCHEDULE OF RATES TO
BE SUBMITTED IN SRM FOLDER OF ETENDER
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GAIL (India) Limited
(A Government of India Undertaking)
A Maharatna Company
th
7 Floor, ‘B’ Wing, Priyadarshini Building,
Eastern Express Highway, Sion (E), Mumbai-400022.
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
E-Tender no. 8000007766
BID DOCUMENT FOR
DIGGING AND GAS PIPELINE INSPECTION (BELL
HOLE TEST) OF MAHARASTRA REGION PIPELINE
SECTION I
INVITATION FOR BIDS (IFB)
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GAIL (India) Limited
(A Govt. of India Undertaking)
A Maharatna Company
7th Floor, ‘B’ Wing, Priyadarshini Building,
Eastern Express Highway, Sion (E), Mumbai-400 022.
Date: 18.03.2015
Ref.: GAIL/MU/C&P/O&M/14/C064
SUB: DIGGING AND GAS PIPELINE INSPECTION (BELL HOLE TEST) OF
MAHARASTRA REGION
Dear Sir,
GAIL (India) Limited invites all eligible bidders to submit E-bids on ‘Open Domestic Tender’
basis at GAIL e-tender portal.
1.0
SALIENT FEATURES OF BID DOCUMENT:
TYPE OF ENQUIRY
BIDDING DOCUMENT NO.
Open Domestic Competitive Bidding
GAIL/MU/C&P/O&M/14/C064
(E-Tender No. 8000007766)
(To be referred in all future correspondence)
TENDER FEE
(Non Refundable)
NOT APPLICABLE
BID SECURITY (EMD)
Rs. 1,72,000.00
PERIOD OF CONTRACT
As defined in SCC
PRE BID MEETING
At 11:00 hrs (IST) on 25.03.2015
LAST DATE AND TIME FOR
SUBMISSION OF BID
DATE AND TIME OF OPENING
OF UN-PRICED BIDS
VENUE FOR PRE BID AND
OPENING OF UN-PRICED BIDS
Upto 14:00 hrs. (IST) on 04.04.2015
At 15:00 hrs. (IST) on 04.04.2015
GAIL (India) Limited,
7 Floor, ‘B’ Wing, Priyadarshini Building,
Eastern Express Highway, Sion ( E),
Mumbai– 400 022.
th
(If the particular day happens to be a holiday in GAIL, then activity mentioned at (vi) & (viii)
shall be carried out on the next working day)
1.1
Bidders are requested to attend the Pre-bid Meeting so that their queries, if any, related to the
Bid Document and Scope of Work can be addressed during meeting.
1.2
Bidder can download the Bid Document from GAIL’s Website http://www.gailtenders.co.in or
GAIL’s E-tendering Website https://etender.gail.co.in/irj/portal. However, bidders have to
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submit their bids only through E-tending Website of GAIL. Bid is to be submitted on GAIL’s
E-tendering portal https://etender.gail.co.in/irj/portal.
The bid will be submitted in two parts as follows:
1.3
PART - I (UN-PRICED BID)
To be submitted on Collaboration Folders of E-tendering system complete with all technical
details along with all other required documents as specified in bid document including Price
Schedule WITH PRICE BLANKED OUT.
No Hard copy of Bid document to be submitted.
1.4
PART- II (PRICED BID)
To be submitted as an SRM attachment. Priced bid should contain only the prices, without any
condition, whatsoever.
Bids complete in all respects should be submitted on or before due date and time of Last date
of Bid submission. The bids submitted on line in GAIL’s E-tendering system will only be
considered for evaluation. Bids sent through Fax/E-mail/Courier/Post will not be accepted.
1.5
PART-III (HARD COPY)
i)
ii)
iii)
iv)
The following documents in addition to & after uploading the bid on the GAIL’s e-Tendering
website shall be submitted in Original in physical form and should reach us latest by within
seven days of bid due date:
Tender fee: Not Applicable in this case
EMD/Bid Security/MSME / NSIC certificate (as per clause no. 47)
Power of Attorney
Integrity pact
2.0
BID EVALUATION CRITERIA
2.1 Technical Criteria:
The bidder must have successfully executed at least one single order for similar nature
of job in any of the preceding 07 years for a minimum value of Rs. 42.94 lakhs
(reckoned from bid due date).
For substantiating above criteria, bidder has to submit copy of work order establishing
the experience & copy of completion certificate mentioning the executed value against
the work order.
The work order & its completion certificate must be duly certified / attested by
Chartered Engineer & Notary Public with legible stamp.
The completion certificate must be issued by end user / owner (or their consultant who
has been duly authorised by them to issue such certificate) only after completion of
work / supply in all aspect.
Jobs executed by subsidiary/fellow subsidiary/Holding company:
A job executed by a bidder for its own plant/projects cannot be considered as
experience for the purpose of meeting the requirements of BEC of the tender.
However, jobs executed for subsidiary/fellow subsidiary/Holding company will be
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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 payment of
statutory tax in support of the job executed for subsidiary/fellow subsidiary/Holding
company. Such bidders are required to submit these documents in addition to the
documents specified in the bidding documents to meet BEC of the tender.
2.2 Financial Criteria:
(i) ANNUAL TURNOVER: Bidder must have achieved minimum annual turnover of
Rs.21.47 lakhs during in any one of the last three financial years i.e. 2011-2012, 20122013 & 2013-14. Bidder must submit “Details of financial capability of bidder” in
prescribed format provided in the tender document duly signed and stamped by
Chartered Accountant and copy of AUDITED Balance sheet & Profit and loss account
statement for the relevant FY(s) 2011-12, 2012-13 & 2013-14 duly certified / attested
by notary public with legible stamp along with the technical bid.
(ii) NET WORTH: Net worth of the bidder must be positive as per the last audited
financial statement i.e FY 2013-14. Bidder must submit “Details of financial capability
of bidder” in prescribed format provided in the tender document duly signed and
stamped by Chartered Accountant and copy of AUDITED Balance sheet & Profit and
loss account statement for the relevant FY(s) 2011-12, 2012-13 & 2013-14 duly
certified / attested by notary public with legible stamp along with the technical bid.
(iii) WORKING CAPITAL: The working capital of the bidder shall not be less than
Rs.4.29 lakhs as per the audited financial results for financial year 2013-14. Bidder
must submit “Details of financial capability of bidder” in prescribed format provided
in the tender document duly signed and stamped by Chartered Accountant and copy of
AUDITED Balance sheet & Profit and loss account statement for the relevant FY(s)
2011-12, 2012-13 & 2013-14 duly certified / attested by notary public with legible
stamp along with the technical bid.
If the bidder’s working capital is inadequate, then the bidder should supplement this
with a letter from the bidder’s bank, having net worth not less than Rs.100 Crores,
confirming the availability of line of credit to meet the current working capital
requirement.
2.3
BID EVALUATION METHODOLOGY:
Techno-Commercially Qualified bids will be compared based on the total evaluated
price as quoted by the bidder for all the services in the Schedule of Rates inclusive all
charges, taxes & duties. The contract will be awarded to the overall lowest bidder.
DOCUMENTATION:
Bidder shall meet the Evaluation (BEC) criteria as stated above. Bidders shall furnish all the
necessary documentary evidence along with the bid to establish the Evaluation (BEC) criteria
including the technical and financial criteria as stated above.
In absence of requisite documents GAIL reserves the right to reject the Bid without making
any reference to bidders.
3.0
ZERO DEVIATION
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Bidder is advised to quote strictly as per terms and conditions of tender document and not to
stipulate any deviation/exceptions. This is a zero deviation tender.
4.0 GENERAL
4.1
Payment of EMD shall be submitted in the form of Bank Guarantee, Demand Draft (DD),
Banker’s Cheque, Letter of Credit Issued by Nationalized/Scheduled Bank in favour of GAIL
(India) Limited, payable at Mumbai, India.
EMD can be submitted in form of BG as specified in tender document. The bid of any bidder
shall be considered only if the bid is accompanied by the requisite EMD. However, if the
bidder is unable to submit EMD in original on the due date, he may upload scanned copy of
the EMD while submitting the bid electronically, provided the original EMD, copy of which
has been uploaded, are received within 7 days from the date of un-priced bid opening, failing
which the bid will be rejected irrespective of their status in tender and notwithstanding the fact
that copy of EMD was earlier uploaded by the bidder.
4.2
The firms registered with NSIC (under its Single Point Registration Scheme) will be exempted
from the payment of EMD/ Bid security provided they are registered for the items they intent
to quote. The PSU’s and MSE’s will also be exempted from the payment of EMD/ Bid
security.
Central Public Sector Undertakings and firms registered with NSIC under single point
registration scheme are exempted from furnishing bid security subject to their enclosing with
their bid a copy of the latest and current Registration Certificate.
In case bidder is a Micro or Small Enterprises under the Micro, Small and Medium Enterprises
Development Act, 2006 are exempted form submission of EMD/Bid Security however, they
have to submit the following:
Documentary evidence that the bidder is a Micro or Small Enterprises registered with District
Industries Centers or Khadi and Village Industries Commission of 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.
The above documents submitted by the bidder shall be duly certified by the Statutory Auditor
of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not
having any interest in the bidder’s company/firm) where audited accounts are not mandatory
as per law.
If the bidder does not provide the above confirmation or appropriate document or any
evidence, then it will be presumed that they do not qualify for the above.
4.3
Corrigendum/Addendum, if any, shall also be available on the referred Websites. Further,
bidder shall give an undertaking in Agreed Terms & conditions that the content of the bidding
document have not been altered or modified.
4.4
No extension in the bid due date/time shall be considered on account of delay in receipt of any
document.
4.5
GAIL will follow purchase preference policy as per prevailing guidelines of Government of
India.
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4.6
GAIL reserves the right to reject any or all the bids received at its discretion without assigning
any reason whatsoever.
This Invitation for Bids (IFB) is an integral and inseparable part of the Bid Document.
This is not an order.
Yours faithfully,
For and on behalf of GAIL (India) Limited
(K. Balakrishnan)
Dy. Manager (C&P)
Email: [email protected] or [email protected]
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CUT OUT SLIP
DO NOT OPEN - THIS IS A QUOTATION
Bid Document No.
: GAIL/MU/C&P/O&M/14/C064
(E-tender no. 8000007766)
Due Date & Time
: Upto 14:00 Hrs. (IST) on 04.04.2015
From:
To:
Dy. Manager (C&P)
GAIL (India) Limited,
7th Floor, ‘B’ Wing,
Priyadarshini Building,
Eastern Express Highway,
Sion (E), Mumbai-400022.
Ph. 022-2404 5453/56
(To be pasted on the envelope containing physical document i.e. Original EMD/BID SECURITY/ MSME /
NSIC certificate (as per clause 47), Power of Attorney etc.)
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=======================================
READY RECKONER FOR VENDORS
Ready Reckoner for e-tendering is
(https://etender.gail.co.in) as shown below.”
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available
on
e-tendering
portal
Page 11 of 83
GAIL (India) Limited
(A Government of India Undertaking)
A Maharatna Company
th
7 Floor, ‘B’ Wing, Priyadarshini Building,
Eastern Express Highway, Sion (E), Mumbai-400022.
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
E-Tender No. 8000007766
BID DOCUMENT FOR
DIGGING AND GAS PIPELINE INSPECTION (BELL
HOLE TEST) OF MAHARASTRA REGION PIPELINE
SECTION II
INSTRUCTIONS TO BIDDERS
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SECTION II
INSTRUCTIONS TO BIDDERS
Table of Contents
A.
1.
2.
3.
4.
5.
6.
7.
B.
8.
9.
10.
C.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
D.
21.
22.
23.
24.
E.
25.
26.
27.
28.
29.
30.
F.
31.
General
Scope of Bid
Eligible Bidders
Bid Evaluation Criteria
Bids from Consortium / Joint Venture
One Bid per Bidder
Cost of Bidding
Site Visit
Bidding Documents
Content of Bidding Documents
Clarification of Bidding Documents
Amendment of Bidding Documents
Preparation of Bids
Language of Bid
Documents Comprising the Bid
Bid Prices
Bid Currencies
Bid Validity
Bid Security
Pre-Bid Meeting
Format and Signing of Bid
Zero Deviation
E-Payment
Submission of Bids
Sealing and Marking of Bids
Deadline for Submission of Bids
Late Bids
Modification and Withdrawal of Bids
Bid Opening and Evaluation
Bid Opening
Process to be Confidential
Contacting the Employer
Examination of bids and Determination of Responsiveness
Correction of Errors
Evaluation and Comparison of Bids
Award of Contract
Award
32.
33.
Employer’s Right to Accept any bid and to Reject any or all Bids
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
Notification of Award
Signing of Agreement
Contract Performance Security
Corrupt or Fraudulent Practices
Waiver of the transfer of the agreement
Integrity Pact
New Clause of GCC
Cenvat/VAT credit
Service Tax
AHR Items
Income Tax
Road Permit
Compliance with labour industrial law
Dispute Resolution
Evaluation in respect of MSE
Debarring an errant bidder
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Section-II
Instructions to Bidders (ITB)
A. General
1.
2.
Scope
Bid
of
Eligible
Bidders
1.1
The Employer, as defined in the General Conditions of
Contract, hereinafter “the Employer”, wishes to receive
bids for the Services as described in Section V, Special
Conditions of Contract, hereinafter referred to as “the
services.”
1.2
The successful bidder will be required to provide the
services within the period mentioned in SCC Section V of
bidding document.
1.3
Throughout these bidding documents, the terms “bid” and
“tender” and their derivatives (“bidder/ tenderer”, “bid/
tendered”, “bidding/ tendering”, etc.) are synonymous, and
day means calendar day. Singular also means plural.
2.1
Bidders shall, as part of their bid, submit duly executed
power of attorney in line with clause no 6 &11 of
Addendum to ITB authorizing the signatory (whose name
appears in digital signature) of the bid to bind the bidder.
2.2
This invitation for bid is open to any bidder.
2.3
The bidder shall not be under a declaration of ineligibility
by Employer for corrupt or fraudulent practices as defined
in ITB.
2.4
The bidder is not put on holiday by GAIL or black listed
by any Government Department / Public Sector/any PMC
of GAIL like EIL,MECON, Tractebel Engineering, J P
Kenny etc.
Bid
Evaluation
Criteria
Bids from
Joint
Venture /
Consortium
4.1
NOT ACCEPTABLE
5.
One
Bid
per Bidder
5.1
A firm shall submit only one bid in the same bidding
process, individually as a bidder. A bidder who submits or
participates in more than one bid will cause all the
proposals in which the bidder has participated to be
disqualified.
6.
Cost
of
Bidding
6.1
The bidder shall bear all costs associated with the
preparation and submission of the bid, and GAIL will in no
3.
4.
Please refer clause 2.0 of IFB.
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case, be responsible or liable for these costs, regardless of
the conduct or outcome of the bidding process.
7.
Site Visit
7.1
The bidder is advised to visit and examine the Site and its
surroundings and obtain for itself on its own responsibility
all information that may be necessary for preparing the bid
and entering into a contract. The costs of visiting the Site
shall be at the bidder’s own expense.
B. Bidding Documents
8.
Content of
Bidding
Document
8.1
The Bidding Documents/Tender Documents are those
stated below and should be read in conjunction with any
addenda issued in accordance with ITB Clause 10.
Section I
Section II
Section III
Section IV
Section V
Section VI
Invitation for Bids (IFB)
Instructions to Bidders (ITB)
Forms and Formats
General Conditions of Contract
SCC & SOW
Price Schedule / Schedule of Rates
to be submitted in SRM folder
8.2
The bidder is expected to examine all instructions,
forms, terms and specifications in the bidding
documents. The Invitation for Bids (IFB) together with
all its attachments thereto, shall be considered to be
read, understood and accepted by the bidders. Failure
to furnish all information required by the bidding
documents or submission of a bid not substantially
responsive to the bidding documents in every respect
will be at bidder’s risk and may result in the rejection
of his bid.
9.
Clarification
of Bidding
Documents
9.1
A prospective bidder requiring any clarification of the
Bidding Documents may notify GAIL in writing or by
fax or e-mail at GAIL’s mailing address indicated in
the Invitation for Bids. GAIL will respond in writing
to any request for clarification of the Bidding
documents which it receives not later than 10 days
prior to the deadline for the submission of bids
prescribed by GAIL. Written copies of GAIL’s
response (including an explanation of the query but
without identifying the source of the query) will be
uploaded on e-tendering website. Any Clarification or
information required by the bidder but same not
received by the Employer , ten days prior to the bid
due date, the same is liable to be considered as no
clarification/information required.
10.
Amendment
10.1
At any time prior to the bid due date, GAIL may, for
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of Bidding
Documents
any reason, whether at its own initiative or in response
to a clarification requested by a prospective bidder,
modify the bidding documents.
10.2
10.3
The amendment will be uploaded on e-tendering
portal.
In order to afford prospective bidders, reasonable time
in which to take the amendment into account in
preparing their bids, GAIL may, at its discretion,
extend the bid due date.
C. Preparation of Bids
11.
Language of
Bid
12.
Documents
Comprising
the Bid
11.1
The bid prepared by the bidder and all
correspondence and documents relating to the bid
exchanged by bidder and GAIL shall be written
in English language.
(B)
The bid will be submitted in three parts as
follows :
(C)
(PART-I) (To be submitted in Technical
Documents tab of e-tender portal)
Part-I: Techno-commercial /Un-priced Bid shall
contain the following:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
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Bidder's General Information', as per
'Format F-1'
'Bid Form', as per 'Format F-2'
Proforma for Bank Guarantee for Earnest
Money Deposit (EMD) Format F3
A confirmation that prices in requisite
formats, strictly complying with the requirement,
i.e. copy of Schedule of Rates with prices blanked
out.
'Documents'
establishing
the
eligibility/evaluation and conformity to the BEC
& Bid Documents of all services, which the
Bidder proposes to supply under the Award is to
be submitted. Formats to be submitted duly filled
and certified as per clause no 2.0 of IFB.
'Letter of Authority', as per 'Format F-4'
'No Deviation Confirmation', as per 'Format
F-5'
Certificate from Bidder, as per 'Format F-6'
Proforma of Bank Guarantee for Contract
Performance Security in ‘Format F-7’
Checklist in ‘Format F-8’
************************************
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(k)
(l)
'Bidder's Declaration', in 'Format F-9'
Acknowledgement cum consent letter as per
‘Format F-10’
(m)
'Agreed Terms and Conditions', as per
'Format F-11'
(n)
Proforma for Real Time Gross Settlement
(RTGS)/National Electronic Funds Transfer
(NEFT) Mandate Form (To be issued on vendor’s
letterhead), in Format-F12
(o)
Format F 13 – Financial capabilities of
bidders
(p)
Any other information/details required as
per Bid Document
(q)
Power of Attorney as per bid document
(r)
Documents
towards
Proprietorship/Partnership &Company (Self
declaration towards Proprietorship/partnership
deed towards partnership firm/certificate of
incorporation towards company).
(s)
Copy of tender document duly digitally
signed.
Note: All pages of the Bid must be e-signed by the
authorized signatory" of the Bidder
(D)
PART-II (To be submitted in Notes &
Attachments tab of e-tender portal)
Part-II: Priced Bid
To be submitted as per attachment. Price bid
should contain only the prices, without any
condition, whatsoever.
(E)
PART-III (Hard Copies of required
documents such as original EMD, Power of
Attorney, Integrity Pact)
Bidders are required to submit the above
documents in original in the prescribed formats
and in the manner prescribed in the tender at the
time of bid submission in sealed envelope, in
addition to uploading the copy of the e-tendering
portal as detailed in clause no 4.1 & 1.5 of IFB.
13.
Bid Prices
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13.1
The Contract shall be for the whole services as
described in Bidding Document, based on the unit
rates and prices submitted by the Bidder and
accepted by the EMPLOYER.
13.2
Prices must be filled in format for ‘Schedule of
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Rates’ available as SRM attachment as part of
Bidding 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.
13.3
Bidder shall quote for all the items of Schedule of
Rates after careful analysis of cost involved for
the performance of the completed item
considering all parts of the Bidding Document. In
case any activity though specifically not covered
in description of item under ‘Schedule of Rates’
but is required to complete the works as per
Scope of Work, Scope of supply, Specifications,
Standards, Drawings, General Conditions of
Contract, Special Condition of Contract or any
other part of Bidding Document, the prices
quoted shall deemed to be inclusive of cost
incurred for such activity. Items against which no
rate or price is entered by the bidder will not be
paid for by the Employer when executed and
shall be deemed covered by the rates for other
items and prices in the SOR.
13.4
Prices quoted by the bidder, shall remain firm and
fixed and valid until completion of the Contract
and will not be subject to variation on any
account except statutory variations in Service Tax
as mentioned below.
Statutory variations in Service tax during the
contract period including extended, shall be to the
Employer’s account for which the Contractor will
furnish documentary evidence(s) in support of
their claims to GAIL. However, any increase in
the rate of these taxes and duties beyond the
contractual completion period shall be to
Contractor's account and any decrease shall be
passed on to GAIL.
14.
Bid
Currencies
15.
Bid Validity
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13.5
The Bidder shall quote the prices on the
appropriate format of Price Schedule enclosed as
part of bid document as SRM format in GAIL’s
E- tender site.
13.6
Alternative bids shall not be considered.
Bidders shall submit bid in Indian Rupees only.
15.1
Bids shall be kept valid for 3 months from the
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final bid due date. A bid valid for a shorter
period may be rejected by GAIL as nonresponsive.
16.
Bid Security
15.2
In exceptional circumstances, prior to expiry of
the original bid validity period, the Employer
may request that the bidders extend the period of
validity for a specified additional period. The
request and the responses thereto shall be made in
writing or by fax / e-mail. A bidder may refuse
the request without forfeiture of his bid security.
A bidder agreeing to the request will not be
permitted to modify his bid, but will be required
to extend the validity of its bid security for the
period of the extension and in accordance with
Clause 16 in all respects.
16.1
The bidder shall furnish, as part of his bid, bid
security in the amount specified in the Invitation
for Bids (IFB).
16.2
The bid security is required to protect GAIL
against the risk of bidder’s conduct which would
warrant the security’s forfeiture, pursuant to
Clause-16.7
The bid security shall be in the form of a Bank
Draft/ Banker’s Cheque/ Bank Guarantee. GAIL
shall not be liable to pay any bank charges,
commission or interest on the amount of Bid
Security.
16.3
16.4
16.5
E - BID DOCUMENT NO. 8000007766
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 and a declaration to
this effect should be made by such commercial
bank either in the Bank Guarantee itself or
separately on its letterhead. Bid Security shall be
valid for 3 months beyond the validity of the Bid.
Any bid not secured in accordance with Clause16.1 and 16.3 may be rejected by GAIL as nonresponsive.
Unsuccessful bidder’s bid security will be
discharged/returned as promptly as possible, but
not later than 30 days after the expiration of the
Page 19 of 83
16.6
16.7
The bid security may be forfeited:
a)
If a bidder withdraws his bid during the
period of bid validity.
In the case of a successful bidder, if the
bidder fails:
to accept the Notification of
Award/Fax of Acceptance (FOA) or
to furnish Contract Performance
Security in accordance with Clause-35.
to accept arithmetical corrections.
b)
i)
ii)
iii)
17.
Pre-Bid
Meeting
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, the
same must indicate the Bid Document and the
work for which the bidder is quoting. This is
essential to have proper co-relation at a later date.
The Bid Security shall be in the form provided at
F-4 (Bank Guarantee).
17.1
The bidder(s) or his designated representative are
invited to attend a pre-bid meeting which will
take place at place (s) mentioned in IFB.
17.2
The purpose of the meeting will be to clarify
issues and to answer questions on any matter that
may be raised at that stage.
Text of the questions raised and the responses
given, together with any responses prepared after
the meeting, will be transmitted without delay
(without identifying the sources of the question)
to all purchasers of the bidding documents. Any
modification of the bidding documents listed in
ITB Sub-Clause 8.1 that may become necessary
as a result of the pre-bid meeting shall be made
by the Employer exclusively through the issue of
an Addendum pursuant to Clause 10 and not
through the minutes of the pre-bid meeting.
17.3
17.4
E - BID DOCUMENT NO. 8000007766
period of bid validity prescribed by GAIL,
pursuant to ITB Clause-15.
The successful bidder’s bid security will be
discharged upon the bidder’s accepting the award
& signing the Agreement, pursuant to Clause-34
and furnishing the Contract Performance Security
pursuant to Clause-35.
Non-attendance of the pre-bid meeting will not be
a cause for disqualification of a bidder.
Page 20 of 83
18.
19.
Format and
Signing of
Bid
Zero
Deviation
18.1
The bid document should be neatly filled and
digitally-signed by the person holding the power
of attorney to sign the bid on behalf of the bidder.
All pages of the bid shall be initiated by this
authorized person. The name and post held by the
person digitally-signing the bid must be typed or
printed below the signature
18.2
The bid shall contain no alterations, omissions, or
additions, unless such corrections are initialed by
the person digitally-signing the bid.
19.1
Bidders to note that this is a zero deviation
tender. GAIL will appreciate submission of offer
based on the terms and conditions in the enclosed
General Conditions of Contract (GCC), Special
Conditions of Contract (SCC), Instructions to
Bidders (ITB), Scope of Work, technical
specifications etc. to avoid wastage of time and
money in seeking clarifications on technical/
commercial aspects of the offer. Bidder may note
that no technical and commercial clarifications
will be sought for after the receipt of the bids.
Not withstanding to the above, bids will
following deviation(s) to the bid conditions shall
be summarily rejected without any post bid
reference to the bidders :
Firm Price
Bid Price as per clause-13 of ITB.
Compliance of Bid evaluation criteria (clause
no.2 of Invitation for bid)
Bid Security/ EMD
Scope of Work
Schedule of Rates.
Contract Period / Completion Schedule.
Period of Validity of bid.
Submission of bid in mode other than e-tender
system
Price Reduction Schedule/Penalty for nonperformance.
Contract Performance bank Guarantee
Arbitration
Force Majeure
Applicable Laws
Any other condition specifically mentioned in the
tender document elsewhere that non-compliance
of the clause lead to rejection of the bid.
19.2
19.2.1
19.2.2
19.2.3
19.2.4
19.2.5
19.2.6
19.2.7
19.2.8
19.2.9
19.2.10
19.2.11
19.2.12
19.2.13
19.2.14
19.2.15
19.3
E - BID DOCUMENT NO. 8000007766
In case Bidder stipulate deviations, Owner have
the right to reject such bid at its absolute
discretion without giving any opportunity for
Page 21 of 83
such Bidders to make good such deficiency.
20.
E-Payment
20.1
GAIL (India) Limited has initiated payments to
suppliers and contractors electronically and to
facilitate the payments electronically through
RTGS & NEFT, the bidder should have an
account with any Bank so that the payment
through e-banking be made to the bidder, in case
work is awarded to him. Further, the bidder
should give the details of his bank account in any
one of the above banks to facilitate payment
through e-banking in case of award of work on
him.
21.1
(i)
Bid shall be submitted in the following manner :
Part I (c-Folder) - Techno-commercial/un-priced
Bid
Part II (SRM Format) - Schedule of Rates
Part III (Original)– Original Bid Security, &
Power of Attorney
D. Submission of Bids
21.
Marking of
Bids
(ii)
(iii)
a)
Part-I to be submitted in Collaboration Folders
of E-tendering and shall contain UNPRICED BID
complete with all technical and commercial
details other than price (with prices blanked out).
b)
Part –II shall be submitted in an SRM
attachment. Priced bid should contain prices,
without any condition, whatsoever.
c)
Part - III shall be submitted in Original in
physical form to GAIL as detailed in clause no
4.1 & 1.5 of IFB, the documents shall also be
uploaded on the GAIL’s E-tendering Website.
The bid along with all the copies of documents
should be submitted in GAIL’s e-portal
https://etender.gail.co.in/irj/portal.
22.
Deadline for
Submission
of Bids
22.1
22.2
E - BID DOCUMENT NO. 8000007766
Bids must be submitted in GAIL’s E-tendering
Website https://etender.gail.co.in/irj/portal not
later than the date and time stipulated in the IFB.
GAIL may, in exceptional circumstances and at
its discretion, on giving reasonable notice by fax
or any written communication to all prospective
bidders who have been informed through e-mail
for participation, extend the deadline for
submission of bids, in which case all rights and
obligations of GAIL and the bidders, previously
Page 22 of 83
subject to the original deadline will thereafter be
subject to the deadline as extended. Further,
intimation for extension if bid due date shall be
hosted on e-tender site.
23.
Late Bids
23.1
System does not allow for submission / receipt of
bids beyond the deadline for bid submission.
24.
Modification
and
Withdrawal
of Bids
24.1
The bidder may modify his bid after the bid
submission but before the deadline for bid
submission.
24.2
No bid shall be modified after the deadline for
submission of bids.
24.3
No bid shall be allowed to be withdrawn in the
interval between the deadline for submission of
bids and the expiration of the period of bid
validity specified by the bidder on the Bid Form.
Withdrawal of a bid during this interval shall
result in the bidder’s forfeiture of his bid security
pursuant to Sub-Clause 16.7.
E. Bid Opening and Evaluation
25. Bid Opening
25.1
Un-priced Techno-Commercial Bid Opening :
25.1.1 GAIL will open bids in the presence of
bidder’s designated representatives, the unpriced part at date and time as stipulated in IFB
at
GAIL’s
address.
The
bidder’s
representatives who are present shall sign bidopening statement evidencing their attendance.
25.2
Priced Bid Opening:
25.2.1 GAIL will open the price bids of those bidders
who meet the qualification requirement and
whose bid is determined to be technically and
commercially responsive. Bidders selected for
opening of their price bids shall be informed
about the date of price bid opening. Bidders
may depute their authorized representative to
attend
the
opening.
The
bidders’
representatives, who are present, shall sign a
register evidencing their attendance.
26. Process to be Confidential
E - BID DOCUMENT NO. 8000007766
26.1
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
Page 23 of 83
any other persons 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.
27. Contacting the Employer
28. Examination of bids and
Determination of Responsiveness
27.1
From the time of bid opening to the time of
Contract award, if any
bidder wishes to
contact the Employer on any matter related to
the bid, it should be done so in writing.
27.2
Any effort by the bidder to influence the
Employer in the Employer’s bid evaluation,
bid comparison, or Contract award decisions
may result in the rejection of the bidder’s bid.
28.1
Prior to the detailed evaluation of bids, the
Employer will determine whether each bid
a.
b.
c.
d.
meets the Bid Evaluation Criteria;
has been properly signed;
is accompanied by the required securities;
is substantially responsive to the requirements
of the bidding documents; and
Provides any clarification and/or substantiation
that the Employer may require to determine
responsiveness pursuant to Sub-Clause 28.2.
e.
28.2
A substantially responsive bid is one which
conforms to all the terms, conditions and
specifications of the bidding documents
without material deviations or reservations. A
material deviation or reservation is one
(a)
that affects in any substantial way the scope,
quality, or performance of the service;
that limits in any substantial way, inconsistent
with the bidding documents, the Employer’s
rights or the bidder’s obligations under the
contract; or
Whose rectification would affect unfairly the
competitive position of other bidders
presenting substantially responsive bids.
(b)
(c)
29. Correction of Errors
E - BID DOCUMENT NO. 8000007766
28.3
If a bid is not substantially responsive, it will
be rejected by the Employer and may not
subsequently be made responsive by correction
or withdrawal of the nonconforming deviation
or reservation.
29.1
Bids determined to be substantially responsive
Page 24 of 83
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 unit
rate and the total resulting from multiplying
the unit rate by the quantity, the unit rate as
quoted will govern.
29.2
In case it is observed that any bidder has not
quoted for any item in the Schedule of Rates
(such unquoted item not being in large
numbers), the quoted price for the purpose of
evaluation shall be considered as the maximum
rate quoted by the remaining bidders for such
items. If after evaluation, such bidder is found
to be the lowest evaluated bidder, the rates for
the missing item shall be considered as
included in quoted bid price. If the estimated
price impact of the unquoted items is more that
10% of the bidder’s quoted price, the above
provision shall not be applicable and such bid
shall be rejected.
29.3
The amount stated in the bid will be adjusted
by the Employer in accordance with the above
procedure for the correction of errors and, with
the concurrence of the bidder, shall be
considered as binding upon the bidder. If the
bidder does not accept the corrected amount of
bid, its bid will be rejected, and the bid
security shall be forfeited.
30. Evaluation and Comparison of 30.1 The evaluation and comparison of bid will be
done as under:
Bids
30.1.1 The total prices for complete scope of services
in SOR on overall basis inclusive of Service
tax shall be taken into consideration.
F. Award of Contract
31.
Award
31.1
Subject to Clause 28, GAIL will award the contract to
the successful bidder whose bid has been determined to
be substantially responsive and has been determined as
the lowest as per evaluation methodology described at
clause 30, is determined to be qualified to satisfactorily
perform the contract.
32.
Employer’s
Right
to
Accept Any
32.1
GAIL reserves the right to accept or reject any bid, and
to annul the bidding process and reject all bids, at any
time prior to award of contract, without thereby
E - BID DOCUMENT NO. 8000007766
Page 25 of 83
Bid and to
Reject Any
or All Bids
33.
Notification
of Award
incurring any liability to the affected bidder or bidders or
any obligations to inform the affected bidder or bidders
of the ground for GAIL’S ACTION.
33.1
Prior to the expiration of period of bid validity GAIL
will notify the successful bidder in writing by fax, cable
or telex to be confirmed in writing, that his bid has been
accepted. The notification of award / Fax of Acceptance
will constitute the formation of the Contract.
33.2
Deployment shall be counted from the date of
notification of award/Fax of Acceptance. The
notification of award will constitute the formation of a
Contract, until the Contract has been effected pursuant to
signing of Contract as per Clause 34 of ITB.
Upon the successful bidder’s furnishing of contract
performance security, pursuant to Clause 35 of ITB,
GAIL will promptly notify each unsuccessful bidder and
will discharge his bid security, pursuant to Clause 16 of
ITB.
34.
35.
Signing of
Agreement
Contract
Performance
Security
34.1
GAIL will award the Contract to the successful bidder,
who, within 15 days of receipt of the same, shall sign
and return the acceptance copy to GAIL.
34.2
The successful bidder shall be required to execute an
AGREEMENT in the Performa given in of this standard
bidding document on non-judicial paper of appropriate
value (the cost of stamp paper shall be borne by the
Contractor), within 15 days of the receipt by him of the
Notification of Acceptance of Tender. In the event of
failure on the part of the successful bidder to sign the
AGREEMENT within the above stipulated period, the
Bid Security shall be forfeited and the acceptance of the
tender shall be considered as cancelled.
35.1
Within 30 days of the receipt of the notification of award
/ Fax of Acceptance from GAIL, the successful bidder
shall furnish the contract performance security in
accordance with Article 24 of General Conditions of The
Contract in the form provided in the bidding documents.
The Contract Performance Security shall be in the form
of either Banker’s Cheque or Demand Draft or Bank
Guarantee and shall be in Indian currency only.
35.2
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. This Bank Guarantee/DD
shall be from any Indian scheduled bank or a branch of
E - BID DOCUMENT NO. 8000007766
Page 26 of 83
an International bank situated in India and registered
with Reserve bank of India as scheduled foreign bank.
However, in case of bank guarantees from banks other
than the Nationalized Indian banks, the bank must be a
commercial bank having net worth in excess of Rs 100
crores and a declaration to this effect should be made by
such commercial bank either in the Bank Guarantee
itself or separately on its letterhead. This bank guarantee
shall be valid for a period as stated in Article-24 of
General Conditions of The Contract.
36.
Corrupt or
Fraudulent
Practices
35.3
Failure of the successful bidder to comply with the
requirements of this article shall constitute sufficient
grounds for the annulment of the award and forfeiture of
the bid security, in which event GAIL may award the
order to the next lowest evaluated bidder or call for new
bids.
35.4
Note: There is no exemption for MSE’s including SSI
units from the submission of Security deposits/Contract
Performance Bank Guarantee. (CPBG)
36.1
GAIL requires that bidders/contractors observe the
highest standard of ethics during the execution of
contracts. In pursuance of this policy, the Employer :
a)
defines, for the purposes of this provision, the terms set
forth below as follows :
i)
“corrupt practice” means the offering, giving or
soliciting of anything of value to influence the action of
a public official in the procurement process or in
contract execution; and
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,
and includes collusive practice 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;
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;
will declare a firm ineligible and put on holiday, either
indefinitely or a for a stated period of time if it at any
time determines that the firm has engaged in corrupt or
fraudulent practices in competing for, or in executing a
contract.
c)
E - BID DOCUMENT NO. 8000007766
Page 27 of 83
a)
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 Bids and
forfeiture of Earnest Money Deposit (Bid Security).
b)
In case, 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.
c)
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
along with forfeiture of CPBG/Security Deposit
furnished by the vendor/contractor.
d)
Further, such bidder/vendor/contractor shall be put on
Blacklist/Holiday List of GAIL debarring them from
future business with GAIL.
37.
37.1
WAIVER
AGREEMENT
OR
TRANSFER
OF
THE
The successful bidder shall not waive the Agreement or
transfer it to third parties, whether in part or in whole,
nor waive any interest that is included in the Agreement
without the prior written permission of the Owner.
38
39.
Integrity
Pact
New clause
in General
Conditions
NOT APPLICABLE
A new clause in General Conditions of Contract has
been appended as under:
The contractor shall obtain necessary certificate with
regard to verification of character and antecedents in
respect of personnel deployed or proposed to be
deployed to carry out the contractual obligations and
provide the copy of the said certificate for facilitating
Photo Pass to enter into GAIL’s premises
40
CENVAT CREDIT
Bidders shall provide required documents for availing Cenvat Credit applicable on Service
Tax as per prevailing rules.
E - BID DOCUMENT NO. 8000007766
Page 28 of 83
“Bidders are advised to ensure timely submission of correct invoice (s) with all required
supporting document (s) within a period specified in Contracts / LOA to enable GAIL to avail
CENVAT credit.
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
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.”
“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 Rule, 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.”
41
SERVICE TAX: The bid rates should be inclusive of all taxes & duties applicable
during the contract period except Service Tax and Education Cess thereon. Service Tax and
Education Cess thereon to be quoted separately in percentage as well as its total amount in
SOR and same shall be reimbursed wherever service provider is liable to pay service tax on
submission of documentary evidence/invoice(s) as per Rule 4A of Service Tax Rule, 1994.
However, where GAIL as a service receiver is liable to pay service tax, in such case also
bidder shall quote applicable Service Tax and Education Cess thereon both in percentage as
well as its total amount in SOR and shall also submit proper invoice as per Rule 4A of Service
Tax Rules, 1994 in order to ascertain the amount of service tax payable by GAIL.
A. In case a bidder does not indicate the rate & amount of service tax in the SOR or makes any
other statement (e.g. “NIL”, “Inclusive”, “Kept as Blank” etc.), their quoted price shall be
considered inclusive of service tax at the rate applicable at the time of bid opening (presently
8.652% i.e. 70% of maximum service tax 12.36%) and the job shall be awarded accordingly to
the L-1 bidder after reduction of the applicable service tax amount ascertained in this regard.
B. In case a bidder indicate the rate & amount of service tax in the SOR as “Extra at Actuals”
their quoted price shall be evaluated after loading of service tax at the rate applicable at the
time of bid opening without any abatement (presently 8.652% i.e. 70% of maximum service
tax 12.36%), which will be completely sole discretion of GAIL.
C. In case the bidder quotes any other rate which is less than prevailing rate as per service tax
rules by virtue of any abatement/ exemption then the bidder shall make note of such
abatement/ exemption in SOR, else their quoted price shall be evaluated after loading of
service tax at the rate applicable without any abatement (presently 8.652% i.e. 70% of
maximum service tax 12.36%), at the time of bid opening instead of lower rate of service tax
as quoted by the bidder, which will be completely sole discretion of GAIL. However
reimbursement of service tax will be restricted to the rates as quoted by bidder in percentage
as well as its total amount in SOR, and contractor shall be liable to pay differential service tax
at its own to government department. During the execution of the contract, (GAIL may ask for
copy of challan to ensure the payment by contractor of such differential service tax )
E - BID DOCUMENT NO. 8000007766
Page 29 of 83
D. In case, rate of service tax quoted by bidder is higher than maximum applicable rate as per
prevailing service tax rules, it shall be restricted to the prevailing maximum rate (presently
8.652% i.e. 70% of maximum service tax 12.36%), for reimbursement purpose, and in the
same line, for evaluation purpose also the prevailing maximum rate (presently 8.652% i.e.
70% of maximum service tax 12.36%) shall only be considered. The Higher rate of service tax
quoted by bidder as stated above in percentage as well as its total amount in SOR shall be
termed as void, and not be considered in any case, which will be completely sole discretion of
GAIL.
The bidder who is exempted to pay Service Tax and Education Cess thereon due to annual
turnover at the time of bid submission and later on if it becomes applicable, evaluation shall be
made based on information available in their bid. Further, after placement of order/contract, if
Service Tax and Education Cess thereon due to increase in annual turnover become leviable,
GAIL shall not reimburse Service Tax & Education Cess thereon and contractor shall be liable
to pay Service Tax & Education Cess thereon to Government department during the execution
of the contract.
The bidder shall indicate in its bid the Service Tax Registration no. and in case the Service
Tax registration no. is not available, the bidder will give confirmation for obtaining
registration with a copy of application for registration.
The Service Provider shall specifically mention the Service Tax Registration No. in their
Invoice(s). Further, the amount and rate of Service Tax shall be separately and distinctly
specified in the Invoice(s). In addition to above invoice / bill shall be serially numbered and
should also specify following:
(i) The name, address and registration number of the service provider
(ii) The name and address of the recipient of the taxable service
(iii) Description, classification and value of taxable service provided and
(iv) The service tax payable on such services
THE ABOVE DETAILS ARE REQUIRED TO ENABLE GAIL TO AVAIL CENVAT
CREDIT FOR THE SERVICE TAX PAYMENTS.
42
AHR ITEMS :
In items rate contract where the quoted rates for the items exceed 50% of the owners/estimated
rates, such items will be considered as Abnormally High Rates Items (AHR) and payment of
AHR items beyond the SOR stipulated quantities shall be made at the least of the following
rates:
(I)
(II)
Rates as per SOR, quoted by the contractor.
Rate of the item, which shall be derived as follows:
Based on rates of machine and labor as available from the contract (which includes
contractor's supervision, profit, overheads and other expenses).
In case rates are not available in the contract, rates will be calculated based on
prevailing market rates of machine, material and labor plus 10 % to cover contractor's
supervision profit, overhead & other expenses.
a)
b)
43
INCOME TAX:
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Page 30 of 83
TDS deduction shall be made from all payments of the contractor as per rules and regulation
in force in accordance with the Income Tax Act prevailing from time to time.
44
ROAD PERMIT: DELETED
45
COMPLIANCE WITH LABOUR/INDUSTRIAL LAWS:
i)
The Contractor shall obtain all necessary insurance policies covering all risks such as
accidents, injuries, death caused to his employees or labourers or to third person including loss
to the properties of owner/GAIL or to some other agency. The contractor shall submit the
proof that he has purchased an insurance policy as mentioned above.
ii)
The contractor has to ensure that persons engaged for these services should have completed
minimum 18 yrs of age.
iii)
The contractor shall not employ or permit to be employed any person suffering from any
contagious, loathsome or infectious disease. The contractor shall get examined his
employees/workers through a Govt. doctor/ Registered Practitioner and produce the fitness
certificate before deployment.
iv)
No employee or person of contractor (including contractor) be allowed to consumer alcoholic
drinks or any narcotics within the plant premises. If found under the influence of above, the
contractor shall have to change/replace him failing which GAIL may terminate the contract.
v)
The contractor hereby agrees to indemnify owner/GAIL and harmless from all claims,
demands, actions, cost and charges etc., brought by any court, competent authority/statutory
authorities against any act or acts of the contractor or his workers.
vi) The contractor should produce the police verification of the character and antecedents of workers
to be deployed by him from the place of present residence/ domicile and submit the same
certificate within 3 months of the award of contract. In case any worker is found having
criminal record, he shall have to be immediately replaced immediately without any reasons.
vii)
No contractor shall sub let or assigns any work in part or whole to any firm, individual,
partnership firm, pvt ltd. company, Proprietorship firm etc., without the prior written
permission of GAIL. In case the contractor sub lets or assigns the contract in part or whole
without the prior written permission of GAIL and any claim preferred by any firm/individual
to GAIL that the main contractor has not paid his or their dues / payments, in that
circumstances. GAIL shall without assigning any reasons, withhold from the payments of
contractor, the amount equivalent to the claim amount of sub contractor/individual/vendor(s)
etc. The same shall be released to the contractor after contractor and labour / supplier / sub
contractor jointly submits a joint written settlement to GAIL.
viii) The contractor shall require to obtain labour license if applicable from Assistant Labour
Commissioner (Central) Mumbai to start with the work.
ix)
The contractor shall pay the wages as per the Minimum Wages Act as notified by the Regional
Labour Commissioner (Central), Mumbai from time to time.
x)
The contractor shall have a Provident Fund code allotted to him by the Regional Provident
Fund Commissioner and has to submit a monthly challan copy of PF deposit amount along
with the list of workers.
xi)
The contractor shall require to deposit with PF authorities the PF deductions of its labours well
in time and submit a copy of challan to owner / Engineer In charge on monthly basis failing
which owner will deduct from his bills the amount equivalent to PF deductions with penalty
under the Act.
xii)
The contractor shall strictly comply with the various provisions of payment of Wages Act,
Workman Compensation Act, Minimum Wages Act; Contract Labour (Regulation &
Abolition) Act, 1970 etc., and various other labour legislations as in existence at present in
India and as amended from time to time.
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a)
b)
c)
d)
e)
f)
g)
h)
i)
It shall be the sole liability of the contractor (including the Contracting firm/company) to
obtain and to abide by all necessary licenses/permissions from the concerned authorities as
provided under the various labour legislations including the labour license obtained as per the
provisions of the Contract Labour (Regulation & Abolition) Act, 1970.
The contractor shall discharge obligations as provided under various applicable statutory
enactments including Employees Provident Fund and Miscellaneous Provisions Act, 1952, the
employees State Insurance Act 1948, the Contract Labour (Regulation & Abolition) Act,
1970, the Inter state Migrant Workmen (Regulation of employment & conditions of service)
Act, 1979 , the Minimum Wages Act, 1948, the Payment of Wages Act, 1936, the Workmen’s
Compensation Act, 1923, and other relevant Act rules and Regulations enforced from time to
time.
The contractor shall be responsible for required contribution towards PF, pension ESI or any
other statutory payments to be made in respect of the contract and the personnel employed for
rendering service to GAIL and shall deposit these amounts on or before the prescribed dates.
Every contractor shall submit the proof of depositing the employees’ and employer’s
contributions. The contractor shall also be responsible to pay any administrative / inspection
charges thereof, wherever applicable, in respect of the personnel employed by him for the
work of GAIL.
The contractor shall regularly submit all relevant records/documents to GAIL representative
(Engineer In charge) for verification and upon such satisfaction only; GAIL will allow
reimbursement of the amounts paid.
The contractor shall be solely responsible for the payment of wages and other dues to the
personnel deployed by him latest by 7th of the subsequent month. The contractor shall be
directly responsible and indemnify the Company against all charges, dues, claims etc., arising
out of the disputes relating to the dues and employment of personnel deployed by him.
The contractor shall indemnify the Company against all losses or damages, if any, caused to it
on account of acts of the personnel deployed by him.
The Contractor shall ensure regular and effective supervision and control of the work and give
suitable direction for undertaking the contractual obligations.
The persons so deployed should be on the rolls of the contractor.
The contractor should have workers compensation’s Policy for the persons so deployed to
carry out the job.
46.
DISPUTE RESOLUTION
1.1
GENERAL
Any dispute(s)/difference(s)/issue(s) of any kind whatsoever between/amongst the Parties
arising under/out of/in connection with this Agreement shall be settled in accordance with the
provisions of this Article.
1.2
1.2.1
INVITATION FOR CONCILIATION
In case of any dispute(s)/difference(s)/issue(s), as mentioned above, a Party shall notify the
other Party (ies) in writing about such a dispute(s)/difference(s)/issue(s) between/amongst the
Parties and that such a Party wishes to refer the dispute(s)/difference(s)/issue(s) to
Conciliation. Such Invitation for Conciliation shall contain sufficient information as to the
dispute(s)/difference(s)/issue(s) to enable the other Party(ies) to be fully informed as to the
nature of the dispute(s)/difference(s)/issue(s), the amount of monetary claim, if any, and
apparent cause(s) of action.
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1.2.2
Conciliation proceedings commence when the other Party(ies) accept(s) the invitation to
conciliate. If the acceptance is made orally, it is advisable that it be confirmed in writing. If
the other Party(ies) reject(s) the invitation, there will be no conciliation proceedings.
1.2.3
If the Party initiating conciliation does not receive a reply within thirty days from the date on
which he/she sends the invitation, or within such other period of time as specified in the
invitation, he/she may elect to treat this as a rejection of the invitation to conciliate. If he/she
so elects, he/she shall inform the other Party(ies) accordingly.
1.3
CONCILIATION
1.3.1
Where Invitation for Conciliation has been furnished under Article 1.2, the Parties shall
attempt to settle such dispute(s) amicably under Part-III of the Indian Arbitration and
Conciliation Act, 1996 and GAIL (India) Limited Conciliation Rules, 2010. It would be only
after exhausting the option of Conciliation as an Alternate Dispute Resolution Mechanism that
the Parties hereto shall go for Arbitration as per the provisions of Article 1.4 below. For the
purpose of this Article, the option of ‘Conciliation’ shall be deemed to have been exhausted,
even in case of rejection of ‘Conciliation’ by any of the Parties.
1.3.2
For dispute(s)/difference(s)/issue(s) pending before Arbitral or Judicial proceedings,
pendency of such proceedings shall not constitute any bar on commencement of Conciliation
proceedings and Invitation for Conciliation under Article 1.2, even if the Conciliation
proceedings under this Article are on the same subject matter(s)/issue(s) as the Arbitral or
Judicial proceedings.
1.3.3
The cost of Conciliation proceedings including but not limited to fees for Conciliator(s),
Airfare, Local Transport, Accommodation, cost towards conference facility etc. shall be borne
by the Parties equally.
1.3.4
The Parties shall freeze claim(s) of interest, if any, and shall not claim the same during the
pendency of Conciliation proceedings.
1.3.5
The Settlement Agreement, as and when reached/agreed upon, shall be signed between the
Parties and Conciliation proceedings shall stand terminated on the date of the Settlement
Agreement.
i)
47. Evaluation in respect to Micro and Small Enterprises (MSE) shall be carried out as
follow:Micro and Small Enterprises (MSE) quoting price within price band L 1 (other than MSE) +
15%, may be awarded for full/complete value of supplies/contract subject to matching of L 1
price.
ii)
The MSE owned by SC/ST entrepreneur shall mean:
a) In case of Proprietary MSE, Proprietary(s) shall be SC/ST.
b) In case of partnership MSE, the SC/ST partners shall be holding at least 51% share in the
unit.
c) In case of private Limited Companies, at least 51% shares held by SC/ST. If the MSE is
owned by SC/ST Entrepreneurs, the bidder shall be furnish appropriate documentary evidence
in this regards.
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iii) In case bidder is a Micro or Small Enterprise under the Micro, Small and Medium Enterprises
Development Act, 2006, the bidder shall submit the following:
a)
Documentary evidence that the bidder is a Micro or Small Enterprises registered with District
Industries Centers or Khadi and Village Industries 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.
b)
The above documents submitted by the bidder shall be duly certified by the Statutory Auditor
of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not
having any interest in the bidder’s company/firm) where audited accounts are not mandatory
as per law.
c)
If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate
documentary evidence in this regard.
48.
Debarring an errant bidder:
In case after price bid opening the lowest evaluated bidder is not awarded the job for any
mistake committed by him in bidding or withdrawal of bid or varying any term in regard
thereof leading to re-tendering, GAIL shall forfeit EMD paid by the bidder and such bidders
shall be debarred from participation in re-tendering of the same job(s)/items(s).
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Addendum to Instruction to Bidders
Instructions to Bidders for participation in E-Procurement
1.
General
This section contains detailed instructions regarding bid submission procedure under
GAIL’s e-tendering system (e-tender portal). Bidders are required to read the
following instructions in addition to various instructions mentioned elsewhere in the
bid document for e-tendering, Ready Reckoner and FAQs etc. The instructions
mentioned herein related to bid submission procedure shall supersede and shall
prevail over the conditions enumerated elsewhere in the bid/tender document.
Bidders who wish to participate in e-tenders must download ‘Ready Reckoner for
bidders’ which contains instructions in respect of e-Tendering essentially covering
security settings required for bidder’s PC / Laptop, uploading and checking the status
of digital signature in the bidder’s PC / Laptop, obtaining unique login ID and
password, re-setting the password, downloading of Tender document and uploading
of Offer/Bid etc.
Further, the troubleshooting issues are also available in the form of FAQs which can
be downloaded from E-Tender Portal.
2.
About E-Tender Portal (Web)
GAIL (India) Ltd. has developed a secured and user friendly e-tender system enabling
bidders to Search, View, Download tender document(s) directly from the portal
https://etender.gail.co.in (referred hereunder as “E-Tender Portal”) and also enables
the bidders to participate and submit online prices directly in the e-tender portal or
uploading of SOR/Price Schedule (Price Bid) in note and attachment folder, as
applicable, and technical bids in secured and transparent manner maintaining absolute
confidentiality and security throughout the tender evaluation process and award.
3.
Pre-requisite for participation in bidding process
The following are the pre-requisite for participation in e-Tendering Process:
3.1
PC/Laptop with Windows OS, Internet Explorer
Bidder must possess a PC / Laptop with Windows7 professional operating system
and Internet Explorer 8 or 9 for hassle free bidding. Bidder is essentially required to
effect the security settings as defined in step-by-steps with screen shots in the
document named “Ready Reckoner for Bidders” for e-tendering available on GAIL’s
e-Tender Portal and can be downloaded without logging in.
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3.2
Internet Broadband Connectivity
The Bidder must have a high speed internet connectivity (preferably Broadband) to
access GAIL’s e-Tender Portal for downloading the Tender document and
uploading/submitting the Bids.
3.3
A valid e-mail Id of the Organization/Firm
Bidder must possess an e-mail Id, preferably of the Organisation (in case of a
company)/Individual (in case of proprietorship concern)/Partner having Power of
Attorney (in case of a partnership firm) to create login Id. The e-mail Id should not
be changed frequently. All communication related to e-tendering including system
generated mails shall be sent on this e-mail Id only. The communication to bidder
is fully automated through the system and hence email-id of bidder is very
important for online communication with bidder during various stages of
tendering process and should be preferably common e-mail Id of the
Organisation.
3.4
User ID and Password for new Bidder(s)
To participate in the bidding process, it is mandatory on the part of bidder(s) to have
user Id and password. Without user Id (Login Id), bidders cannot participate in etender. There will be single login Id for a bidder/vendor code. A bidder having
offices/establishments at different address at same city or at different cities shall have
different vendor codes and accordingly, different user Ids as a particular user Id is
linked to a particular vendor code.
To obtain User Id and Password Vendor/Bidder must visit https://etender.gail.co.in
site and perform the following steps:
i) Click on button Request User Id (For new Bidders)
ii) Fill the on line self-registration form and submit. Ensure that the e-mail address
given in the form is valid and active. If you have already been provided with the
Vendor code of GAIL, please mention the 10 digit Vendor code in the specified
field, otherwise leave blank.
iii) Ensure that all the mandatory fields (identified with a * mark) are filled in the selfregistration form for User Id creation.
GAIL’s system administrator would take possible care to allot User Id and password
within 3-4 working days. User Id and password will be communicated through
system auto-generated e-mail as mentioned in the self-registration form. On receipt of
User Id and password, please reset the password immediately by logging into GAIL’s
E-tendering site.
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User Id and password is unique for each vendor and the vendor can use the same to
view/download/participate in all e-tenders of GAIL.
In their own interest, Bidder(s) are advised to apply for User Id immediately on
publishing of tender or well in advance of the bid due date. User Id shall normally be
issued within 3-4 working days provided complete information has been furnished by
the bidder in self-registration form. GAIL shall not be responsible for any delays in
allocation of User Id/password and the ensuing consequences including but not
limited to timely submission of bids.
3.5
Procedure for change of E-mail Id of the Bidder
The e-mail-id of the bidder/Vendor Code is captured and registered in GAIL’s
system when a bidder submits his request for user-id / password.
In case bidder desires for change in the registered e-mail id in GAIL’s system,
the under mentioned steps may be followed:Note the name, designation, e-mail id etc of the dealing officer from the
tender document or from the “Contact Us” link available on the logon page
of GAIL’s e - tender portal.
Request for change in the registered e-mail id may be sent to the dealing
officer on the company’s letter head through post/ courier/e-mail. Bidder is
also requested to mention his vendor code / user Id in the letter.
3.6 About Digital Signature
(I)
What is a Digital Signature?
This is a unique digital code which can be transmitted electronically and primarily
identifies a unique sender. The objective of digital signature is to guarantee that the
individual sending the message is who he or she really claims to be just like the written
signature. The Controller of Certifying Authorities of India (CCA) has authorized
certain Certifying Authorities (CA) to issue Digital Certificates. Digitally signed
documents are legally valid as per the Indian IT Act 2000.
One Digital Certificate is valid for a specified period and can be used for digitally
signing any number of documents.
(a)
In case of Proprietorship/Partnership
Both i.e. (i) Class 3 Digital Signatures issued to authorized individuals on their
KYC basis and (ii) Class 3b Digital Signatures issued to authorized individuals
with their organization KYC basis are acceptable.
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(b)
In case of Firm/ Company
Only Class 3b Digital Signature is acceptable where individuals are using their
digital signatures on behalf of the Organization and digital Signature should be
in the name of authorized signatory who has signed the bid on behalf of bidder.
Bidder can submit only digitally signed documents/bids/offers, in GAIL’s e-tender
portal.
(II)
Why Digital Signature is required?
In order to bid for GAIL e-tenders bidders are required to obtain a legally valid Digital
Certificate as per Indian IT Act 2000 from the licensed Certifying Authorities (CA)
operating under the Root Certifying Authority of India (RCAI), Controller of
Certifying Authorities (CCA) of India.
(III) How to obtain Digital Signatures from Certifying Authority (CA)?
Valid Digital Certificate can be obtained from Certifying Agency (C.A). Information
about CA’s can be obtained through CCA India website (http://www.cca.gov.in).
Digital Signatures can be obtained using following steps:
a) Visit the site of the licensed CA* using internet browser.
b) Apply for a class 3b or class 3(as applicable) Digital Certificate with
encryption/decryption facility.
c) Follow the instructions on the CA’s website for submission of requisite
documents for issue of the Digital Certificate and making payment.
*Links to some of the licensed CA's are provided below
1.
2.
3.
4.
5.
6.
http://www.ncodesolutions.com
http://www.sifycorp.com
http://www.tcs-ca.tcs.co.in
http://www.e-mudhra.com
http://www.nicca.nic.in
www.idrbtca.org.in
Note: The Digital signatures should be obtained directly from certifying authority
(CA). Digital signature taken from Sub CA will not be acceptable in the e-tendering
system.
GAIL/Owner reserves the right to verify the Authenticity of above digital signatures
after bid opening and in case the digital signature is not authorized / valid, the bid will
be rejected. Bidder shall be responsible for ensuring the validity of digital signatures
and proper usage of the same.
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4.
How to submit On-line Bids/Offers electronically against E-tenders?
Bidders who wish to participate against e-tenders uploaded on GAIL’s e-tender
website (https://etender.gail.co.in) (e-tender portal) should follow the steps mentioned
in the “Ready Reckoner for Bidders for e-tendering” available on GAIL’s e-tender
portal which shall guide them to Search, Display/View, Download and Submit
electronic Bids/Offers online in a secured manner ensuring confidentiality.
5.
How to search, view and download e-tender?
Bidders must go to e-tender website https://etender.gail.co.in and logon using their
user-Id and password. In case bidders do not have the User Id and Password, they can
access the e-tender as guest which does not require any user Id & Password. This
facilitates viewing of tenders in display mode in Collaboration folder (C Folder). The
bidder can also download the tender.
6.
Bidders are advised to ensure that their bids are uploaded in e-Tender system well
before the closing date and time of bid submission by pressing “Submit” button. It has
been seen that bidder who try to upload his bid at the last moment often failed because
of last minute unforeseen reasons. Therefore, bidders are requested to upload & submit
all documents (Technical/Un-Priced Bid and Priced Bid) well in advance and refrain
from submitting their bid at the last moment. Once bid is submitted successfully,
bidders shall receive a system generated response on their registered E-mail Id
confirming successful submission of bid indicating ten digit response number starting
from 9000…. (E-bid number).
Bidder can modify the bid already submitted prior to the due date and time of Bid
submission.
7.
Further, bidders are advised to carry out a practice session on the demo version of
tendering as explained in Ready Reckoner to get well acquainted with the system
before actual submission of bid.
8.0
Content of Bid
8.1
Un-Priced Bid
The Un-priced Bid (i.e. Part I – Technical Bid, refer ITB of tender for details) to be
uploaded using Link “TECHNICAL DOCUMENT”. Bidders are advised to not
upload duly filled Schedule of Rates/Price Schedule (Price Bid) at this link. For
detailed instructions, Ready Reckoner for bidders may be referred.
Before the bid is uploaded, the bid comprising of all relevant documents mentioned in
the tender document should be digitally signed in accordance with the Indian IT Act
2000. If any modifications are required to be made to a document thereafter the
modified documents shall be again digitally signed before uploading.
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Bidders are required to upload all Tender forms and supporting documents which
form part of the bid/tender in the Collaboration Folder (C-Folder) under tender
document of e-tender portal.
Uploading the documents relevant to bid before the bid submission date and time is
the sole responsibility of the bidder. No Manual/Hard copy of bid is acceptable. Bids
submitted manually shall be rejected.
Bidders are required to submit the Earnest Money Deposit (EMD)/Bid Bond in
original in the prescribed formats and in the manner prescribed in the tender at the
time of bid submission in sealed envelope.
However, if the bidder is unable to submit EMD/Bid Bond in original on the due date,
he may upload scanned copy of the EMD/Bid Bond while submitting the bid
electronically, provided the original EMD/Bid Bond, copy of which has been
uploaded, is received within 7 (seven) days from the date of un-priced bid opening,
failing which the bid will be rejected irrespective of their status / ranking in tender
and notwithstanding the fact that a copy of the Earnest Money Deposit/Bid Bond was
earlier uploaded by the bidder.
The complete bid (each page) shall be continuously numbered in sequence, from start
till end i.e. 1, 2, 3… n. The bid shall be uploaded along with proper index and
indicating page numbers against each category of documents. A sample is suggested as
under:
Sub-folder in
C-Folder
1. INDEX
2. TENDER DOC
3. B.E.C
4. UN-PRICED
COMMERCIAL
5. EMD/POA
6. FORMATS
7. TENDER FEE
/ I.P.
8. OTHERS
Documents
Index
Tender Document, Corrigendum etc.
BEC documents (including order,
completion/ execution certificate,
balance sheet, etc.)
Un-priced Commercial offer/bid
Scanned copy of EMD/POA
Formats of tender duly filed-in, signed
and stamped and other
Scanned copy of Tender fee/ Integrity
Pact (I.P.)
Any other document
Page nos.
(for ref.)
1 to a
a+1 to b
b+1 to c
c+1 to d
d+1 to e
e+1 to f
f+1 to f
g+1 to n
The above shall ensure that there are no missing documents and traceability of relevant
section is ensured.
Note:
i) Bidder may save/store the bid documents in the PC/Laptop before submitting
the bid into in e-tender portal.
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ii) Bidder is required to fill up the price(s)/rate(s) strictly in the Schedule of Rate
(SOR)/Price Schedule attached with the tender.
Inadvertently, if a document is uploaded in Collaboration Folder (C Folder) by the
bidders, such document can be deleted by the bidder and can be replaced by a digitally
signed new/modified document prior to due date& time.
Un-priced techno-commercial bid document should be placed in the private area
earmarked in the C-folder of Tender Document in e-tender portal.
8.2
Priced Bid
The Priced Bid (i.e. Part II – Price Bid, refer ITB for details) to be uploaded using Link
“Step-3: SOR Attachments” and NOT using link “TECHNICAL DOCUMENT”.
Bidders are advised not to upload any other documents and same shall be ignored. For
detailed instructions, refer tender document and Ready Reckoner.
GAIL shall not be responsible for any failure on the part of the bidder in submission of
Priced Bid.
Instructions mentioned under “PRICE BID [Online]” in Ready Reckoner shall be
applicable in case Bidders have been asked to quote their prices on-line directly in the
GAIL’s e-tender portal in addition to uploading of scanned copy of SOR or only the
on-line price submission in the portal, as the case may be.
9.
E-Tender demo during pre-bid conference
During the pre-bid conference, GAIL shall also arrange demonstration for submission
of bids in e-tender portal for interested bidders.
10.
Submission of documents
Bidders are requested to upload small sized documents preferably (upto 20 MB) at a
time to facilitate easy uploading into e-tender portal. GAIL shall not be responsible in
case of failure of the bidder to upload documents/bids within specified time of tender
submission.
11.
Last date for submission of bids
System does not allow for submission or modification of bids beyond the deadline for
bid submission. However, if the bidder for some reason intends to change the bid
already entered, he may change/revise the same on or before the last date and time of
submission. The system time displayed on GAIL’s e-tender webpage shall be final and
binding on the bidders for all purposes pertaining to various events of the subject
tender and no other time shall be taken into cognizance.
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Bidders are advised in their own interest to ensure that bids are uploaded in e-tender
system well before the closing date and time of bid.
12.
Internet connectivity
If bidders are unable to access GAIL’s e-tender portal or Bid Documents, the bidders
may please check whether they are using proxy to connect to internet or their PC is
behind any firewall and may contact their system administrator to enable connectivity.
Please note that Port SSL/443 should be enabled on proxy/firewall for HTTPS
connectivity. Dial-up/Broad band internet connectivity without Proxy settings is
another option.
.................................................................................................................................
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GAIL (India) Limited
(A Government of India Undertaking)
A Maharatna Company
7th Floor, ‘B’ Wing, Priyadarshini Building,
Eastern Express Highway, Sion (E), Mumbai-400022.
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
E-Tender no. 8000007766
BID DOCUMENT FOR
DIGGING AND GAS PIPELINE INSPECTION (BELL
HOLE TEST) OF MAHARASTRA REGION PIPELINE
SECTION III
FORMS AND FORMATS
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F-1
BIDDER’S GENERAL INFORMATION
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
To,
GAIL (India) Limited,
7th Floor, ‘B’ Wing,
Priyadarshini Building,
Eastern Express Highway,
Sion (E), Mumbai-400022.
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. PAN NO
______________________________________
11.
TIN NO
________________________________________
12.
Service Tax Reg. NO
__________________________________________
Place:
Date:
Designation:
Seal:
E - BID DOCUMENT NO. 8000007766
[Signature of Authorized Signatory of Bidder]
Name:
Page 44 of 83
F-2
BID FORM
To,
GAIL (India) Limited,
7th Floor, ‘B’ Wing,
Priyadarshini Building,
Eastern Express Highway,
Sion (E), Mumbai-400022.
Dear Sir,
After examining/reviewing the Bidding Documents for__________________ including
technical specifications, drawings, General and Special Purchase Conditions and schedule of
rates etc. the receipt of which is hereby duly acknowledged, we, the undersigned, pleased to
offer to execute the whole of the Job of ______________ and in conformity with, the said Bid
Documents, including Addenda Nos. ____________.
We confirm that this bid is valid for a period of three (3) months from the date of opening of
Techno-Commercial Bid, and it shall remain binding upon us and may be accepted by any
time before the expiration of that period.
If our bid is accepted, we will provide the performance security equal to 7.5% (Seven and half
cent) of the Annualized contract value, for the due performance with in fifteen 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:
Date:
Designation:
Seal:
[Signature of Authorized Signatory of Bidder]
Name:
Duly authorized to sign Bid for and on behalf of ____________________________________
[Signature of Witness]
Name of Witness:
Address:
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F-3
PROFORMA FOR BANK GUARANTEE
FOR EARNEST MONEY DEPOSIT/ BID SECURITY
(To be stamped in accordance with the Stamp Act)
Bank Guarantee No.........
To
GAIL (India) Limited,
7th Floor, ‘B’ Wing,
Priyadarshini Building,
Eastern Express Highway,
Sion (E), Mumbai-400022.
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 5
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)
(NAME)
Designation with Bank Stamp
(SIGNATURE)
(NAME)
(OFFICIAL ADDRESS)
Power of Attorney No.________
Date: ________________________
Attorney as per
E - BID DOCUMENT NO. 8000007766
Page 46 of 83
INSTRUCTIONS FOR FURNISHING BID SECURITY BANK GUARANTEE
1.
The Bank Guarantee by bidders will be given on non-judicial stamp paper as per stamp duty
applicable. The non-judicial stamp paper should be in the name of the issuing bank. In case of
foreign bank, the said banks guarantee to be issued by its correspondent bank in India on
requisite non-judicial stamp paper.
2.
The expiry date as mentioned in bid document should be arrived at by adding 3 months to the
date of expiry of the bid validity unless otherwise specified in the Bid Documents.
3.
The bank guarantee by bidders will be given from bank as specified in ITB
4.
A letter from the issuing bank of the requisite Bank Guarantee confirming that said bank
guarantee /all future communication relating to the Bank Guarantee shall be forwarded to the
Employer at its address as mentioned at ITB.
5.
Bidders must indicate the full postal address of the bank along with the bank’s E-mail/ Fax/.
From where the earnest money bond has been issued.
6.
If a bank guarantee is issued by a commercial bank other than a nationalized Bank , then a
letter to Employer confirming its net worth is more than Rs. 1,000,000,000/- (Rupees one
hundred crore) or equivalent.
E - BID DOCUMENT NO. 8000007766
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F-4
LETTER OF AUTHORITY
PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING
SUBSEQUENT NEGOTIATIONS/CONFERENCES
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
To,
GAIL (India) Limited,
7th Floor, ‘B’ Wing,
Priyadarshini Building,
Eastern Express Highway,
Sion (E), Mumbai-400022.
Dear Sir,
We
_____________________________________
hereby
authorize
following
representative(s) to attend un-priced bid opening and price bid opening and for any other
correspondence and communication against above Bidding Document:
1)
Name & Designation _______________________ Signature _________________
2)
Name & Designation _______________________ Signature _________________
We confirm that we shall be bound by all commitments made by aforementioned authorised
representatives.
Yours faithfully,
Place:
Date:
Designation:
Seal:
Note:
[Signature of Authorized Signatory of Bidder]
Name:
This letter of authority should be on the letterhead of the bidder and should be signed by a
person competent and having the power of attorney to bind the bidder.
Not more than two persons are permitted to attend techno –commercial un-priced and price
bid opening.
E - BID DOCUMENT NO. 8000007766
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F-5
NO DEVIATION CONFIRMATION
To,
GAIL (India) Limited,
7th Floor, ‘B’ Wing,
Priyadarshini Building,
Eastern Express Highway,
Sion (E), Mumbai-400022.
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
SUBJECT: DIGGING AND GAS PIPELINE INSPECTION (BELL HOLE TEST) OF
MAHARASTRA REGION
Dear Sir,
We understand that any deviation/exception in any form may result in rejection of bid. We,
therefore, certify that we have not taken any exceptions/deviations anywhere in the bid and we
agree that if any deviation/exception is mentioned or noticed, our bid may be rejected.
Place:
Date:
Designation:
Seal:
E - BID DOCUMENT NO. 8000007766
[Signature of Authorized Signatory of Bidder]
Name:
Page 49 of 83
F-6
CERTIFICATE
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
To,
GAIL (India) Limited,
7th Floor, ‘B’ Wing,
Priyadarshini Building,
Eastern Express Highway,
Sion (E), Mumbai-400022.
Dear Sir,
If we become a successful bidder and pursuant to the provisions of the Bidding Documents
award is given to us for _______________, the following certificate shall be automatically
enforceable:
“We agree and acknowledge that the Employer is entering into the Agreement solely on its
own behalf and not on behalf of any other person or entity. In particular, it is expressly
understood and agreed that the Government of India is not a party to the Agreement and has
no liabilities, obligations or rights there under. It is expressly understood and agreed that the
Employer is authorised to enter into Agreement, solely on its own behalf under the applicable
laws of India. We expressly 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:
Date:
Designation:
Seal:
E - BID DOCUMENT NO. 8000007766
[Signature of Authorized Signatory of Bidder]
Name:
Page 50 of 83
F-7
PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE SECURITY
(ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE)
TO:
GAIL (India) Limited,
7th Floor, ‘B’ Wing,
Priyadarshini Building,
Eastern Express Highway,
Sion (E), Mumbai-400022.
Dear Sirs,
M/s__________________________________________
have
been
awarded
____________________________________________for GAIL (India) Ltd., Mumbai.
the
work
of
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) Ltd. , in case of default.
The said_______________________________________________ has approached us and at their request and in consideration
of the premises we having our office at ______________________________ have agreed to give such guarantee as hereinafter
mentioned.
1.
We _____________________________________________________________ hereby undertake and agree with you that if
default shall be made by M/s__________________________________ in performing any of the terms and conditions of the
tender or in payment of any money payable to GAIL ( India) Ltd.. We shall on demand pay without any recourse to the
contractor to you in such manner as you may direct the said amount of Rupees _____________________________ only or
such portion thereof not exceeding the said sum as you may from time to time require.
2.
You will have the full liberty without reference to us and without affecting this guarantee, postpone for any time or from time to
time the exercise of any of the powers and rights conferred on you under the contract with the said
_____________________________________ and to enforce or to forbear from endorsing any powers or rights or by reason of
time being given to the said __________________________ which under law relating to the sureties would but for provision
have the effect of releasing us.
3.
Your
right
to
recover
the
said
sum
of
Rs.____________________________________
(Rupees_______________________________________) from us in manner aforesaid will not be affected or suspended by
reason of the fact that any dispute or disputes have been raised by the said M/s.___________________________ and/or that any
dispute or disputes are pending before any officer, tribunal or court.
4.
The guarantee herein contained shall not be determined or affected by the liquidation or winding up dissolution or changes of
constitution or insolvency of the said but shall in all respects and for all purposes be binding and operative until payment of all
money due to you in respect of such liabilities is paid.
5.
This guarantee shall be irrevocable and shall remain valid up to______________ 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.
E - BID DOCUMENT NO. 8000007766
Page 51 of 83
INSTRUCTIONS FOR FURNISHING CONTRACT PERFORMANCE SECURITY
1.
The Bank Guarantee by successful bidder(s) will be given on non-judicial stamp paper as
per stamp duty applicable. The non-judicial stamp paper should be in name of the issuing
bank. In case of foreign bank, the said bank guarantee to be issued by its correspondent bank
in India on requisite non-judicial stamp paper and place of bid to be considered as Delhi.
2.
The bank guarantee by bidders will be given from bank as specified in ITB.
3.
A letter from the issuing bank of the requisite Bank Guarantee confirming that said bank
guarantee and all future communication relating to the Bank Guarantee shall be forwarded
to Employer
4.
If a bank guarantee is issued by a commercial bank other than a nationalized Bank , then a
letter to Employer and copy to Consultant confirming its net worth is more than Rs.
1,000,000,000/- (Rupees one hundred crore) or its equivalent in foreign currency along with
a documentary evidence.
5.
The Bank Guarantee shall be valid upto three months beyond the contract period.
E - BID DOCUMENT NO. 8000007766
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F-8
(CHECK LIST)
Bidders are requested to duly fill in the checklist. This checklist gives only certain important
items to facilitate the bidder to make sure that the necessary data/information as called for in
the bid document has been submitted by them along with their offer. This, however, does
not relieve the bidder of his responsibilities to make sure that his offer is otherwise complete
in all respects.
Please ensure compliance and tick () against following points:
S.
NO.
1.0
2.0
DESCRIPTION
STATUS
Bid Digital signed submitted
Confirm that the following details have been submitted in
the Un-priced part:
a)
Covering Letter, Letter of Submission
b)
Digital signed copy of bid document and
addendum (if any)
c)
Power of Attorney in the name of person
digitally signing the bid
d)
Bidder’s declaration that they are not under
any liquidation, court receivership or similar
proceedings.
e)
Confirmation from the Bidder that the bidder
has not been put on Holiday by GAIL or black
listed by any government department/ public
sector,/GAIL PMCs like EIL,MECON,
Tractebel Engineering, J P Kenny etc.
g)
Bid Security as per Bid document is submitted
h)
Format F-11 : Agreed Terms & Conditions
duly filled in is submitted
3.0
4.0
5.0
E - BID DOCUMENT NO. 8000007766
Confirm that all forms enclosed with the bid
are duly signed / Digital signed by authorised
person(s)
Confirm that the price bid has been duly filled
in for each item, signed / Digital signed on
each page separately
Confirm that proper page nos. have been given
in sequential way in all the documents
submitted along with your bid with Index.
Page 53 of 83
S.
NO.
6.0
DESCRIPTION
7.0
8.0
9.0
10.0
STATUS
Confirm that any correction in the Un-priced
part has been initialled and stamped by the
authorized person.
Confirm that any correction in the “Price Part”
part has been signed in full and stamped by the
authorized person.
Confirm that prices in requisite formats strictly
complying with the requirements have been
submitted in priced bid.
Confirmation that no deviations Form F-5
submitted.
Confirm that annual reports for last three
financial years & duly filled in Form 13
enclosed in the offer for financial assessment.
11.0
Confirm that copies of documents establishing
the bidder’s eligibility are enclosed.
12.0
Other requirements as per Bid Document
Place:
Date:
Designation:
Seal:
E - BID DOCUMENT NO. 8000007766
[Signature of Authorized Signatory of Bidder]
Name:
Page 54 of 83
F-9
DECLARATION
To
GAIL (India) Limited,
7th Floor, ‘B’ Wing,
Priyadarshini Building,
Eastern Express Highway,
Sion (E), Mumbai-400022.
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/ any PMCs of GAIL
(India) Ltd. like EIL, MECON, Tractebel, JPKenny etc .
We agree that if any noticed in future, our Bid may be rejected / terminated.
Place:
Date:
Designation:
Seal:
E - BID DOCUMENT NO. 8000007766
[Signature of Authorized Signatory of Bidder]
Name:
Page 55 of 83
F-10
ACKNOWLEDGEMENT CUM CONSENT LETTER
(Within 07 days of receipt of e-mail from GAIL for participation in the tender, Bidder
shall acknowledge the receipt and confirm his intention to bid or reasons for nonparticipation against the enquiry/ tender through e- mail/fax to concerned executive
who issued the tender, by filling up the Format)
To,
………….. (C&P)
………………….
E-mail:………………
Fax
: …………………………..
SUB. BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
DIGGING AND GAS PIPELINE INSPECTION (BELL HOLE TEST) OF
MAHARASTRA REGION
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 reasons given below:
Reasons for non- submission of bid:
Agency’s Name
Signature
Name
Designation
Date
Seal/Stamp
E - BID DOCUMENT NO. 8000007766
: …………………….
: ……………………
: ……………………
: ……………………
: ……………………
: ……………………
Page 56 of 83
F-11
BRIEF SUMMARY OF AGREED TERMS & CONDITIONS
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
Bidder M/s.............................
Offer
Ref................................
This Questionnaire duly filled in should be returned along with Un-priced Bid. Clauses
confirmed hereunder should not be repeated in the Bid.
Sl.
Description
Bidder's
No.
Confirmation in
(YES/NO) or details
as applicable
1.
Confirm Bid has been submitted as per
Instructions to Bidders in bid document.
2.
Offer Number & Date
3.
Confirm that the offer shall remain valid for
acceptance up to 3 months from Final Bid
Due Date/Date of Opening of Bids.
Confirmation towards submission of EMD/Bid
4.
Bond of requisite value & its details.
Bid Security No. & Date
Value & validity
Name & address of Bank issuing Bid
Security
5.
6.
7.
8.
Confirmed that MSE certificate duly
certified by statutory auditor as per clause
no. 47 is submitted along with bid document
(applicable only for MSE bidders)
Confirmation towards submission of duly
filled and digitally signed copy of complete
tender documents (ITB, SCC, SCOPE OF
WORK, TECHNICAL SPECIFICATION,
GCC and all Annexures).
Confirmation towards submission of duly
signed/digitally signed & copy of blank
SOR (Schedule of Rates) showing that rate
is quoted in same format.
Confirmed that the document submitted are
true and genuine and in case of any
discrepancy noticed or observed at any
stage, bidder shall be personally responsible
not only for the damages or loss to GAIL,
but also for criminal proceedings under the
relevant laws.
Confirmed that the contents of the Tender
Document have not been modified or
altered. In case, it is found that the tender
E - BID DOCUMENT NO. 8000007766
Page 57 of 83
9.
10.
11.
12.
document has been modified / altered by the
bidder, the bid submitted by us shall be
liable for rejection.
Attested copies of partnership deeds (in case
of partnership firm) / Memorandum and
Articles of Association/certificate of
Incorporation in case of limited company/
Certificate or affidavit towards
proprietorship Firm.
Confirmed that Power of Attorney is as per
bid document.
Provide PAN number.
(i) Provide Service Tax Registration
Number.
(ii) Indicate applicable rate of Service Tax
including Cess thereon. (Both in words &
figure)
(iii) In case the rate provided at (ii) above is
lower than prevailing maximum rate
(presently 8.652% i.e. 70% of maximum
12.36%) due to abatement/ exemption/
valuation then indicate the relevant
notification/ clause of Service Tax Act/
Rules for such abatement/ exemption/
valuation. (Please refer Clause 41 of ITB)
(iv) Confirmation toward compliance of
conditions toward such abatement/
exemption/ valuation. [YES/NO]
(v) Whether liable to pay service tax as
service provider. [YES/NO]
13.
14.
(vi) Whether liable to pay part of service tax
as service provider. If, yes, then specify
percentage.
It is noted that deviations to Terms &
Conditions shall lead to rejection of offer, as
specified in the Bid Document.
Confirmation towards submission of duly
signed/digitally signed copy of No
Deviation Confirmation as per F-5.
Confirmation of compliance to tender terms
& condition specifically clause 19 of ITB
without any deviation such as Scope of
work PRS, Specification, Payment Terms,
contract period, PBG/ security deposit,
Arbitration, Force Majeure, applicable laws,
E - BID DOCUMENT NO. 8000007766
Page 58 of 83
15.
16.
17.
18.
Integrity Pact, Guarantee/ Defect Liability
period etc.
Confirm the prices have been quoted in
accordance to clause 13 of ITB and confirm
quoted prices will remain firm and fixed till
complete execution of the contract.
Confirm acceptance to of the Terms &
Conditions contained in:
Instructions to Bidders
General Conditions of Contract (GCC)
Special Conditions of Contract (SCC)
Scope of Work (SOW)
All other commercial
documents/attachments of Bid Document.
Indicate Name & Contact E-Mail
/Telephone /Mobile /Fax No. of person(s) to
whom queries, if any, are to be addressed
against your bid.
Confirmed that Integrity Pact duly signed
and witnessed uploaded.
BIDDER CONFIRMS THAT IN CASE OF CONFLICTING VERSION OF VARIOUS TERMS & CONDITIONS AT
DIFFERENT PLACES, THE CONFIRMATION FURNISHED AS ABOVE SHALL BE CONSIDERED OVER-RIDING
AND FINAL AND ANY OTHER DEVIATION INDICATED ELSEWHERE SHALL BE TREATED AS REDUNDANT.
Signature ________________________
Name____________________________
Designation_______________________
Tel No. __________________________
E-mail___________________________
Fax No. _________________________
Office Stamp_____________________
E - BID DOCUMENT NO. 8000007766
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F-12
Real Time Gross Settlement (RTGS)/National Electronic Funds Transfer (NEFT) Mandate
Form (To be issued on vendor’s letterhead)
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
1.
Vendor/customer Name :
2.
Vendor/customer Code:
3.
Vendor /Customer Address:
4.
5.
Vendor/customer e-mail id:
Particulars of bank account
Name of Bank
Name of branch
Branch code:
Address:
Telephone number:
Type of account (current/saving etc.)
Account Number:
RTGS IFSC code of the bank branch
NEFT IFSC code of the bank branch
9 digit MICR code
I/We hereby authorize GAIL(India) Limited to release any amount due to me/us in the bank account
as mentioned above. I/We hereby declare that the particulars given above are correct and complete.
If the transaction is delayed or lost because of incomplete or incorrect information, we would not
hold the GAIL (India) Limited responsible.
-----------(Signature of vendor/customer)
BANK CERTIFICATE
We certify that -------------- ---------has an Account no. ----- -- --- -------------------------with
us and we confirm that the details given above are correct as per our records.
Bank stamp
Date
bank)
E - BID DOCUMENT NO. 8000007766
(Signature of authorized officer of
Page 60 of 83
F-13
FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE FOR FINANCIAL
CAPABILITY OF THE BIDDER
We have verified the Annual Accounts and other relevant records
M/s…………………………… (Name of the bidder) and certify the following
of
A. ANNUAL TURNOVER OF LAST 3 YEARS:
Year
Amount (Currency)
Year 1:
Year 2:
Year 3:
B. FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR:
Description
1.
2.
3.
Year________
Amount (Currency)
Current Assets
Current Liabilities
Working Capital (Current AssetsCurrent liabilities)
4. Net Worth (Paid up share capital
and Free Reserves & Surplus)
Name of audit Firm/:
Chartered Accountant
Date:
[Signature of Authorized Signatory]
Name:
Designation:
Seal:
Membership No.
Instructions:
1. The financial year would be the same as one normally followed by the bidder for its Annual
Report.
2. The bidder shall provide the audited annual financial statements as required for this Tender
document. Failure to do so would result in the Proposal being considered as responsive.
3. For the purpose of this Tender document. (i) Annual Turnover shall be “Sale
value/Operating Income’’ (ii) Working Capital shall be “Current Assets less Current
liabilities’’ and (iii) Net Worth shall be “Paid up share capital and Free Reserves &
Surplus.’’
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F-14
PROFORMA FOR CONTRACT AGREEMENT
LOA No. GAIL/
Dated ___________
Contract Agreement for the work of ----------------- of GAIL (India) Ltd. 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.
A.
WHEREAS
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.
2.
3.
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 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.
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
In consideration of the due provision, execution and completion of the said WORK the CONTRACTOR
E - BID DOCUMENT NO. 8000007766
Page 62 of 83
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 where of the parties have executed these presents in the day and the year first above
written.
Signed and Delivered for and on
on behalf of EMPLOYER.
CONTRACTOR.
GAIL (INDIA) LIMITED
_______________________________
_______________________________
Date: ___________
Place: ___________
Signed and Delivered for and
on behalf of
(NAME OF CONTRACTOR)
____________________________
____________________________
Date: ____________
Place: ____________
INPRESENCEOFTWOWITNESSES
1.___________________________
___________________________
1.________________________
________________________
2. ___________________________
___________________________
2. ________________________
________________________
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PERFORMANCE EVALUATION
1.1
GAIL follows a system of Performance Evaluation of vendors and contractors to monitor
and ensure the timely and smooth completion of supplies, execution of contracts, and
maintenance of quality standards. The basic objective is to recognize and develop reliable
vendors and contractors who consistently meet or exceed expectations and requirements of
GAIL with respect to timely receipt of supplies, completion of work and services and the
quality specifications, standards. Vendors and contractors whose performance is not found
satisfactory will be debarred from future business with GAIL.
1.2
All the suppliers and contractors working with GAIL will be evaluated based on the
parameters defined in the performance Rating Data Sheet as per enclosed Annexure –I of
attachment - I.
1.3
The evaluated rating may be falling in any of the following category depending upon the
scoring of points in various parameters.
Very good
Good
Fair
Poor
1.4
In case, a vendor/contractor is not able to achieve a minimum scoring of 60% points in the
given parameters individually and collectively for all parameters i.e. with poor rating shall
be put on “HOLIDAY” for a period of 1 to 3 years depending upon the nature of failure on
their part in performance and such venders and contractors will not be allowed to participate
in business with GAIL for the Holiday period.
1.5
The vendors and contractors will be blacklisted for submitting forged documents in respect
of experience, turnover and any other requirements forming the basis for pre qualifying /
eligibility criteria irrespective of their rating in the past. Such vendors & Contractors will be
debarred from having business with GAIL in future.
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GAIL (India) Limited
Annexure - 1
PERFORMANCE RATING DATA SHEET
(i)
Location
:
(ii)
Order/Contract No. &
Date
Brief description of Items
Works/Assignment
:
(iv)
Order/Contract value (Rs.)
:
(v)
Name of Vendor /
Contractor / Consultant
:
(vi)
Contracted delivery /
Completion Schedule
:
(vii)
Actual delivery/
Completion date
:
(iii)
Performance
Parameter
Maximum Marks
Marks Allocated
(*)
Delivery / Completion
Performance
40
:
Quality
Performance
40
Reliability
Performance
20
Total
100
Remarks (if any)
PERFORMANCE RATING (**):
Note:
(*) Allocation of marks would be as per enclosed instructions
(**) performance rating shall be classified as under:
Sl.
No.
1.
2.
3.
4.
Range (Marks)
Rating
60 & below
61-75
76-90
MORE THAN 90
POOR
FAIR
GOOD
VERY GOOD
Signature of Authorised signatory with name & designation
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INSTRUCTIONS FOR ALLOCATION OF MARKS
Marks are to be allocated as under:
1.1
1.2
DELIVERY/COMPLETION PERFORMANCE : 40 MARKS
Delivery Period / completion Schedule Delay in weeks
a)
Up to 3 months
Before CDD
Delay upto 4 weeks
Delay upto 8 weeks
Delay upto 10 weeks
Delay upto 12 weeks
Delay upto 16 weeks
More than 16 weeks
Marks
40
35
30
25
20
15
0
b)
40
35
30
25
20
15
10
0
Above 3 months
Before CDD
Delay upto 4 weeks
Delay upto 8 weeks
Delay upto 10 weeks
Delay upto 16 weeks
Delay upto 20 weeks
Delay upto 24 weeks
More than 24 weeks
QUALITY PERFORMANCE : 40 MARKS
For Normal Cases: No Defects/No Deviation/No failure: 40 marks
i)
ii)
iii)
Rejection/Defects
Marks to be allocated on prorata basis for acceptable
quantity as compared to total
quantity for normal cases
When quality failure Failure of severe nature
endangers the system
- Moderate nature
integration and
- low severe nature
safety of the system.
Number of
deviations
1. No. deviation
2. No. of deviations <=2
3. No. of deviations >2
1.3
RELIABILITY PERFORMANCE : 20 MARKS
A.
FOR WORKS / CONTRACTS
i)
Submission of order acceptance, agreement, PBG, Drawings and
E - BID DOCUMENT NO. 8000007766
10
Marks
0
marks
5
marks
10-25
marks
5
Marks
2
marks
0
marks
4 marks
Page 66 of 83
other documents within time
ii) Mobilization of resources as per Contact and in time
iii) Liquidation of Check-list points
iv) Compliance to statutory and HS & E requirements
Or
Reliability of Estimates/Design/Drawing etc. in case of
Consultancy jobs
v)
Timely submission of estimates and other documents for
Extra, Substituted & AHR items
B.
4 marks
4 marks
4 marks
4 marks
FOR SUPPLIES
i)
Submission of order acceptance, PBG , Drawing and other
documents within time
ii) Attending complaints and requests for after Sales service/warranty
repairs and/or query/advice (upto the evaluation period)
iii) Response to various correspondence and conformance to
standards like ISO
iv) Submission of all required documents including Test Certificates
at the time of supply
E - BID DOCUMENT NO. 8000007766
5
marks
5
marks
5
marks
5
marks
Page 67 of 83
GAIL (India) Limited
(A Government of India Undertaking)
A Maharatna Company
7th Floor, ‘B’ Wing, Priyadarshini Building,
Eastern Express Highway, Sion (E), Mumbai-400 022.
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
E-Tender no. 8000007766
DIGGING AND GAS PIPELINE INSPECTION (BELL
HOLE TEST) OF MAHARASTRA REGION PIPELINE
SECTION IV
GENERAL CONDITIONS OF
CONTRACT
PLEASE REFER DOCUMENT NAMED
“GCC-WORKS”
ATTACHED SEPARATELY IN COLLABORATION FOLDER
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GAIL (India) Limited
(A Government of India Undertaking)
A Maharatna Company
7th Floor, ‘B’ Wing, Priyadarshini Building,
Eastern Express Highway, Sion (E), Mumbai-400022.
BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C064
E-Tender no. 8000007766
BID DOCUMENT FOR
DIGGING AND GAS PIPELINE INSPECTION (BELL
HOLE TEST) OF MAHARASTRA REGION PIPELINE
SECTION V
SPECIAL CONDITIONS OF
CONTRACT & SCOPE OF WORK
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SPECIAL CONDITION OF CONTRACT(SECTION-I)
1.0
1.1
.
1.2
GENERAL
The SPECIAL CONDITIONS OF CONTRACT shall be read in conjunction with the
GENERAL CONDITIONS OF CONTRACT. The SPECIAL CONDITIONS OF CONTRACT
shall supersede the provisions of GENERAL CONDITIONS OF CONTRACT in case of
any ambiguity.
The intending bidders shall be deemed to have visited the site and familiarized
themselves thoroughly with the site conditions before submitting their bid. Nonfamiliarity with the site conditions shall not be considered a reason either for extra
claims or for not carrying out in strict conformity with specifications, drawings and
bill of quantities. In case of any doubt or dispute as to the interpretation of any
clause contained herein, the decision of Engineer-In-Charge shall be final and
binding on the CONTRACTOR.
In case of an irreconcilable conflict between Indian and other applicable standards,
General Conditions of Contract, Special Conditions of Contract, Specifications,
Drawings or Schedule of Rates, the following shall prevail to the extent of such
irreconcilable conflict in order of precedence:
i)
ii)
iii)
iv)
v)
vii)
viii)
ix)
x)
Letter of Acceptance along with Statement of Agreed Variations.
Fax / Letter of Intent / Fax of Acceptance.
Schedule of Rates as enclosures to Letter of Acceptance.
Job / Particular Specifications.
Technical / Material Specifications.
Special Conditions of Contract.
General Conditions of Contract.
Indian Standards
Other applicable Standards
1.6
It will be the Contractor's responsibility to bring to the notice of Engineer-in-Charge
any irreconcilable conflict in the contract documents before starting the work (s) or
making the supply with reference which the conflict exists.
1.7
In the absence of any Specifications covering any material, design of work (s) the
same shall be performed / supplies / executed in accordance with Standard
Engineering Practice as per the instructions / directions of the Engineer-in-Charge,
which will be binding on the Contractor.
2.0
LOCATION OF WORK
Location of work shall be total GAIL’s pipe line ROU within juriidiction of GAILMaharashtra i.e. Silvassa to Aptibudruk area, Aptibudruk to Borle (Panvel) area,
Panvel to Uran area, Khopoli Area, Taloja area, Trombay area, Mahape area,
Patalganga area, Kargaon & Usargarh area. The contractor shall be deemed to
know about the sites and thoroughly acquainted himself/herself with the site
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locations and conditions, work areas available, etc., The schematic drawing of
Maharashtra Region pipeline system of GAIL (India) Limited is attached as
Annexure I. Along with the same, a detail RoU of pipeline network is attached in
Annexure-II.
3.0
PERIOD OF CONTRACT:
The period for of this contract for “DIGGING AND GAS PIPELINE INSPECTION (BELL
HOLE TEST) OF MAHARASHTRA REGION PIPELINE ” of M/s GAIL (India) Ltd is two (
2 ) years from the date of commencement of the contract (issue of FOI/LOI).
The period of contract may be extended for another period of 6 months on the same
terms and conditions if desired by GAIL on mutual consent. However contractor shall
not have any claim for revision of quoted rates in this regard for extended period of
contract.
4.0
SUPPLY OF WATER, POWER & OTHER UTILITIES
The Contractor shall be responsible at his own cost for arranging and providing all
the required Water, Power, land required for temporary site office and other
utilities, in the quantities and at the times required for performance of work under
the contract. The contract price shall be deemed to include all costs towards the
same. GAIL shall not supply water, power and other utilities.
5.0.
MOBILIZATION PERIOD & MOBILIZATION ADVANCE
Contractor has to mobilize and submit details of his resources including man power
within 15 days from the date of issuance of LOI / FOI whichever is earlier. No
Mobilization advance shall be paid to the contractor
6.0
7.0
SPECIFICATIONS:
Unless specified herein and contained in the contract, the latest specifications of
applicable National & International standards i.e. API, ASME, LICENSOR
DOCUMENTATION (viz EIL etc), IS etc shall be referred for the different jobs. All
the works have to be undertaken as per standard specifications, drawings and
instructions & directions of Engineer-In-Charge.
COMPLIANCE WITH LAWS
The Contractor 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 1970 & the centre rules, 1971
framed there under.
ii)
Payment of Wages Act.
iii)
Minimum Wages Act.
iv)
Employer’s Liability Act.
vii)
Workman’s Compensation Act.
viii) Industrial Dispute Act.
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ix)
x)
Environment Protection Act.
Any other Statute, Act, Law as may be applicable.
8.0
CONTRACT PERFORMANCE BANK GUARANTEE (PBG)
As per GCC
9.0
WORKS CONTRACT
The work covered under this contract shall be treated as "Works Contract".
10.0 PROVIDENT FUND & ESIC ACT
10.1
Bidder must have "Permanent EPF Account" & "Employees' State Insurance
Corporation [ESIC] Certificate" in its name. Wherever "ESIC" is not available, an
undertaking to be furnished by bidder with technical bid that the same shall be
governed by "Workmen's Compensation Act, 1923" and bidder shall furnish WC
Policy (specific to this job with required manpower) prior to commencement of
work in case of award. Bidder must submit duly stamped & self-attested
documentary proofs of having "Permanent EPF Account" and "ESIC Certificate"
along with the bid.
10.2
Contractor shall submit necessary EPF code before commencement of work,
Contractor shall submit necessary ESIC code before commencement of work,
workmen who are not covered under ESI Act, the contractor should take
appropriate workmen compensation insurance policy & submit a copy of the same
to GAIL(India) Ltd.
10.3 Basic unit rates mentioned in LOA for all of the SOR items will remain firm and
fixed over the entire duration of contract period and will not be considered for any
sort of revision under any circumstances.
10.4 Contractor shall have to make payment to its workmen with strict compliance to
Minimum Wage Circular issued by Government authorities from time to time.
The Contractor shall strictly comply with the provisions of Employees Provident
Fund Act and register them with RPFC before commencing work. The Contractor
shall deposit Employees and Employers contributions to the RPFC every month. The
Contractor shall furnish along with each running bill, the Challan / receipt for the
payment made to the RPFC for the preceding months.
11.0 MEASUREMENT OF WORKS AND PAYMENT TERMS
11.1 In addition to the provisions of relevant clause of GCC and associated provisions
thereof.
11.2 Measurement of works will be based on the work executed at actual and as per
SOR. Joint Measurement will be made in the units mentioned in schedule of rates.
Jobs performed against any SOR item will be deemed for completion only upon
completing the job in all aspects in totality and to the satisfaction of GAIL.
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11.3 Contractor shall submit bills in the form of CENVAT Invoice with complete details of
PAN no., TIN no., Service Tax No. etc. duly certified by designated officers of M/s
GAIL in respect of the service rendered by him in duplicate in the prescribed
performa.
11.4 Contractor is supposed to submit through Running Account Bill (R.A. Bill) on the
basis of actual work done. The duration between two R.A. bills shall not be less
than one month. The measurement of work with EIC or his designated
representative shall be sole responsibility of contractor.
11.5
Contractor is required to submit the details of their bank a/c no. within seven
working days from the date of award of work order. All payments shall be made
thru’ e-banking / RTGS. The details of bank a/c shall be submitted in the prescribed
format.
11.6 Payment shall be released for the correctly made bill normally within the 15 working
days from the date of submission of bill duly certified by EIC. The Company shall
not pay any interest for any delayed processing of the bills.
11.7 No interest shall be paid on withheld amounts.
11.8 Recovery of income tax applicable as per Income Tax Act from the bills shall be
done.
11.9 The service tax and recovery works contract tax as per state VAT (as applicable)
should be indicated separately.
12.0 QUANTITY VARIATION:
The quantity given in the Schedule of Rates is approximate and indicative only &
may vary as per job requirement. However even in case of any such variation in the
quantity being executed in line with job requirement, Contractor will have to render
the services without any alteration in the rate quoted against SOR item/s.
Rates quoted will remain firm & fixed through-out the entire contract period. No
escalation shall be permitted under any circumstances.
13.0 TRANSPORTATION/CONVEYANCE:
The contractor shall make his own arrangement for the transportation of his service
providers, Tools, Machineries, consumables etc. to the Site at anywhere within
jurisdiction of GAIL- Maharashtra. Unless otherwise specified, GAIL shall neither
make any additional payment nor provide assistance of any kind to the contractor
in this regard.
14.0 BOARDING & LODGING:
Boarding and lodging shall be arranged by the contractor to his service
providers/supervisors etc on his own cost. No payment shall be made by GAIL in
this regard.
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15.0 SUPERVISION OF WORK:
The contractor shall deploy qualified person/s for effective supervision in line with
job requirement and timing.
16.0 SITE CLEANING
The Contractor shall clean and keep clean the work site from time to time to the
satisfaction of the Engineer-in-Charge for easy access to work site and to ensure
safe passage, movement and working.
The contractor shall dispose off the unserviceable materials, debris etc. to any area
as decided by the Engineer-in-Charge.
No extra payment shall be paid on this account.
17.0 RESPONSIBILITY OF CONTRACTOR
17.1 All the specifications of the works shall be as per SOR, scope of works and brief
description of works which are self explanatory but not exhaustive or limited.
Wherever these codes are silent the same shall be governed by sound Engineering
practice. The decision of EIC in matters of interpretation shall be final &
binding to the contractor.
17.2
For executing items, Contractor has to provide 1 no of Supervisor without any
additional cost to GAIL. The minimum qualification of Supervisor shall be
Diploma/ITI in Civil Engineering.
17.3
Specification / approved make of all material and finishes approves are as per
relevant IS code, CPWD specifications and final approval of EIC. It shall be the
responsibility of the contractor to get the material approved by EIC prior to its
usages.
17.4
Specifications / brands name of materials and finishes where ever not mentioned
shall be approved by EIC. However approved equivalent material and finishes of
any other specialized firms may be used, in case it is established that the brand
approved are not available in the market and subject to the approval of the
alternate brand by EIC (cost difference if cost of such approved equivalent material
and finishes is less than the materials / finishes listed below, shall be recovered
from the contractor’s bill).
17.5 The contractor has to inform the EIC or his representative well in advance regarding
purchase & supply of the material before the same is delivered at site for use.
17.6
The contractor is to provide all laborers and experienced personnel, tools and
tackles, test equipment and instruments, consumables required to finish the job in
all aspects. In order to have proper assessment of the work, the contractor is
advised to see the quantity and nature of work by visiting site.
17.7 The contractor is supposed to have taken gathered correct understanding about the
job and quantum.
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17.8
In view of the pipeline working on high pressure natural gas, the necessary safety
and safety awareness to its workers shall be desired at top most priority. In order
to maintain highest level of safe working environment for any expert support on
account of safety, contractor may seek assistance from M/s GAIL’s F&S Department
through EIC.
17.9 In view of the safety measures contractor shall deploy requisite fire extinguisher of
certain quantity in working condition at the site of digging.
17.10 In order to achieve better work output and for better working output and smooth
operation, the contractor is supposed to be in close contact with EIC or his
representative from time to time to get the job inspected / witnessed.
18.0
RESPONSIBILITY OF GAIL
18.01
Identification and location of bell-hole location is under GAIL’s scope. GAIL will
locate and mark the sites for bell-hole test as per Integrity assessment of Non –
piggable pipeline SOP. The same will be located with the help of pipeline locator
supplied by GAIL only.
18.02
GAIL shall facilitate for the permission for the digging and excavation in the
designated area for the bell-hole inspection. However Contractor shall liaison with
the authorities for the permission for early response.
19.0 ABNORMALLY HIGH RATED ITEM (AHR item)
For all item whose rates as quoted by the bidder exceed owner’s estimates by 50%
shall be treated as AHR items. The items which are being considered by the owner
as AHR item shall be notified to the contractor at the time of issue of LOI/W.O. The
AHR items shall be operated strictly up-to quantity given in BOQ. In case the
completion of works requires operating these items beyond BOQ quantity, the same
shall be done by the contractor under written instruction from EIC. The rate
payable for AHR item shall be given here as under.
A) Rate as quoted by the contractor up-to BOQ
B) For quantities executed in excess of BOQ, the minimum of the following rates
shall be considered.
(i) Contractor’s quoted rates
(ii) Market rates of the item as ascertained from at least 3 valid quotations, duly
approved by EIC, plus 15% for contractor, s profit & overheads
20.0 DEFECT LIABILITY PERIODS (DLP):
DLP shall be as per General Conditions of Contract clause no. 80.0 i.e. 1 year from
the date of completion.
21.0 COMPENSATION TO FARMERS/LAND OWNERS
The contractor shall have to liaison with local villagers and make approach to reach
to pipeline site with his own initiative for which no separate payment for liasioning /
making approach / jungle clearance etc. shall be made by contractor.
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However compensation, if any, payable to land owner/s shall be paid by the
contractor and obtain a certificate from land owner/s that he/they got due
consideration and no further claims lies against M/s GAIL (I) Ltd. with regard to job
carried out by the contractor in his/their land like excavation activities etc. However
for any significant damages to crops or trees etc. arises owing to the said job on
pipeline etc. then compensation amount may be paid by GAIL in its discretion.
22.0 PLANNING OF JOB:
The contractor shall submit a plan for the execution of the various components of
work for all the pipelines, under the contract. The contractor has to mobilize at
least three or more number of work teams, if required for the completion of the
work within the contract period and no extra claim shall be entertained in this
regard. The list of each team member shall be submitted to EIC before starting the
work
23.0 RECOVERY AGAINST PROPERTY DAMAGE/ POOR WORKMANSHIP: Recovery shall be made from the contractor bill if found any damage due to the
poor workmanship to the GAIL’s property at rate of actual market cost of the item
plus 15% of the cost of item as admin charges. This is clearly instructed to
contactor to deploy the experienced highly skilled person in the job to avoid any
kind of damage to equipment/property to GAIL during the work.
24.0 PUNITIVE FINES: Punitive fines on contractors are imposed for repetitive violation of safety rules &
regulations during execution of jobs. Objective of punitive fines is to work as
deterrent for contractors in violation of safety rules & regulation and to improve
safety atmosphere in general at all site.
1) For first time violation of safety rules & regulation by any contractor, HOD (F&S)
will issue a warning letter to contractor with intimation to OIC of work center
and EIC.
2) In case of second time violation of safety rules & regulations by same
contractor, OIC will call contractor in person and will have a meeting to discuss
reason for repetitive violation along with EIC and HOD (F&S). A warning letter
will also be issued by EIC to contractor.
In case of further violation, punitive fines will be imposed on contractor. Amount of
fine will be decided as per severity of violation of safety. However, minimum fine
would be Rs. 10,000/- and in multiple of Rs.10, 000/-, thereafter. This will be
limited to 5% of contract value, as maximum cumulative penalty.
25.0 PENALTY FOR NON PERFORMANCE:
Penalty shall also be applicable @ Rs. 10000/- per day, in the event any job is not
executed due to non-availability of contractor person(s) / NDT equipment at site for
more than 24 hours without prior written approval of EIC.
26.0 TERMINATION OF THE CONTRACT:
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GAIL reserves its right to terminate / short close the contract, without prejudice to
any other remedy for breach of CONTRACT, by giving one month notice if
Contractor fails to perform any obligation(s) under the CONTRACT and if
Contractor, does not cure his failure within a period of 30 days (or such longer
period as GAIL may authorise in writing) after receipt of the default notice from
GAIL. GAIL may at any time terminate the CONTRACT by giving written notice
without compensation to Contractor if Contractor 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 GAIL. GAIL may by
written notice sent to Contractor, terminate the contract, in whole or part, at any
time for its convenience. However, the payment shall be released to the extent to
which performance of work executed as determined by GAIL till the date upon
which such termination becomes effective.
*****************
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SCOPE OF WORK(SECTION-II)
1.
TECHNICAL NATURE OF WORK:
The nature / technical scope of work would be in general. The Contractor will have to
execute the work as per instruction of Engineer-in-Charge given to the contractor’s
supervisor from time to time during maintenance activities in line with job requirement.
Most of the jobs has been mentioned in detail in SOR and are of self-explanatory type.
However, for a better understanding, some of the specific jobs and a broad
overview/guideline as mentioned below in this Section are narrated in detail for thorough
understanding.
Unless otherwise specified against the SOR item, mobilization & demobilization of service
crew, tools, consumables, machineries etc whatsoever are required for the completion of
the job at any location within jurisdiction of GAIL –Maharashtra Region during execution
of any SOR item, are to be done without any extra cost implication besides applicable rate
of the corresponding SOR item/s. While quoting rate against individual SOR item, Bidder
must take into consideration all of such allied activities.
2.
SCOPE OF WORK
SOR-1A to 2G
A.
SITE GRADING:
Vendor has to grade, level the surface of the site as per requirement. Surface
dressing like cleaning, leveling, stripping etc. of the ground whatsoever to make
approachable access for movement of machineries at intended site. This including
removing vegetation and leveling in- equalities not exceeding 15 cm deep and
disposal of rubbish as per job requirement & directions of Engineer-in-charge.
B.
EARTH EXACAVTION:
Vendor has to excavate all types of soil over areas (up to 4 meter in depth. ,
exceeding 1.5 m in width and as well as 10 sqm on plan) by mechanical means i.e.
hydraulic excavator and manual means including dressing of sides with required
slope as per standard practice. Disposal and storing of surplus excavated soil lead
up to 50m and Lift up to 4 m, disposed earth to be leveled and neatly dressed as
per site requirement.
This job shall also include manual dressing of soil beneath the pipe, manual digging
for safe execution of the excavation work for protection of Gas Pipeline & OFC cable
in the trench. Resource requirement: 1) JCB-Model-3DX-1 no with experienced
operator, 2) Required Civil Labor for manual excavation after certain depth, 3) Site
Supervisor-1 No.
In certain sites it may be required to dig the earth beyond 4 meter depth by all
means like mechanical as well as manual as per standard practice.
In certain areas the ground profile may contain hard rock. Excavation Work in Rock
(all types: Hard/Ordinary) by mechanical means (Hydraulic/ Pneumatic Excavator &
Hand Operated ) and Manual means for all types of Rock ( Hard/Ordinary )
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including disposal of excavated Rock as per instruction of EIC and neaty dressed for all type of Rock ( Blasting Prohibited). This job shall also may include of depth
1 meter beneath bottom surface of the pipe. Bidder must prepare with all means of
mechanical or manual for this type of earth excavation. Site supervision & resource
to be deployed as per direction of EIC.
Backfilling of the excavated pit/trench by Hydraulic means (JCB)/Manual Means,
with soil (excluding rock) removed during excavation of trench (stored within 50 m
radius of the excavated trench). Backfilling must be done with soft soil as per EIC’s
approval.
Contractor has to transport the excavated earth, debris etc. up to 1Km, lead from
the area of excavated trench , all complete including loading, unloading and
leveling as per instruction of EIC if the site does not allow for stacking of debris
nearby the pit. This shall also include, all loading, unloading & transportation
machineries, manpower, tools whatsoever required for the job.
Contractor is required to supply, stacking, laying & spreading of soft soil, morrum at
site of any excavated trench ( not from anywhere within 50 m radius of excavated
trench) for either back filling, road diversion or approach road for site as per site
requirement and on EIC’s approval by deploying all sort of lifting/ unloading
machineries, transportation means , manpower whatsoever required.
Contractor need to supply and lay HDPE vcement bags filled with Stone aggregate
of single size (06mm nominal size) where ever it is required at GAIL’s site as per
EIC’s recommendation.
SOR-3A to 3D
Contractor shall provide shuttering plates as per EIC’s approval and
recommendations for the excavated pit where the side soil collapse. Supplying and
fixing Centering and shuttering including strutting, propping etc. and removal of
form, with double scaffolding system (cup lock type) and MS centering plates (with
bolting arrangement), all-around inner side of excavated pit to retain the earth and
prevent collapsing of trench. Cup Lock made with 40mm dia M.S. tube, placed 1.5
meter center to center, horizontal & vertical tubes joint with cup & lock system with
M.S. Tubes, M.S. tube challis, M.S. clamps. MS Shuttering Plates should be
connected with nut bolt system to each other and these are tied (with the outer
face of the erected scaffold structure) cup lock scaffolding by MS binding wire. The
scaffolding system shall be stiffened with bracings, runners at required locations
with essential safety features for the workmen etc., complete as per directions and
approval of Engineer-in-charge. Same items are to be removed, after completion of
the requirement at the site. This shall also include transportation, material handling
equipment, manpower, tools whatsoever required for the job and duration of
installed structure in the trench shall be as long as required for safe completion of
the job as per GAIL's discretion. The elevation area of the scaffolding shall be
measured for payment purpose.
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Contractor shall provide & install shed by Tarpaulin & Bamboo structure at site for
protection from Sun & Rain water and removal of the same, as per job requirement
and as per GAIL discretion. This Shed is to be erected for preventing entrance of
Rain Water from sky into the trench. Measurement of this SOR shall be as per
surface Ground area covered at actual by erected shed.
Contractor shall provide PCC Slab of required thickness for pipeline/road protection
at site wherever required. PCC 1:2:4 (1 Cement: 2 coarse sand: 4 stone aggregate
20mm nominal size). Rate shall include cost of all labor, tools, tackles, equipment,
hire charges, supply of all materials, shuttering etc. as per requirement.
Contractor shall provide and lay rubble soling of 230 mm thick with morrum
spreading and proper compaction at site as per EIC’s discretion.
SOR-4A
Contractor shall perform bell-hole test as per OISD-233 and as per GAIL’s SOP for
the same but not limited to the following before coating removal.
1. Cleaning of the excavated pipe surface.
2. Mesuring the pipeline surface temperature by infrared thermometer before
coating peel off test for record.
3. Coating Peel-Off test with Adhesion tester/digital spring balance as per NACE,
ASTM standard.
4. Coating peel off test can be carried out by peeling 2X2 sq inch size of coating
from the pipeline surface with the spring balance/ digital spring balance up to the
coating disbonded from the pipe surface.
5. The exact reading at which force the coating is peeled or disbonded from pipe
surface to be recorded. The peel off test shall be performed at four locations i.e. 3,
6, 9 & 12’o clock positions over the pipeline.
6. This peel off test shall be carried out at each pipeline exposure location as per
EIC’s Instruction and in GAIL’s representative’s presence.
7. After performing peel off test 2 meter continuous section of pipeline coating(3
layer Polyethylene-3LPE) to be removed manually with mechanical means i.e. by
chisel and proper non-sparking tools.
8. The pipeline size (Diameter) under this job varies from 30” to 4” dia.
8. Onward contractor shall do the surface preparation by Grinder for cleaning the
coating bond material with portable power grinder driven emery paper (duly
approved by GAIL) for continuous UT thickness measurement (continuous 1X1 inch2
grid of entire 2mt surface) of the exposed section. UT thickness will be in scope of
GAIL.
9. Contractor must make the digging site clear from water during period of the UT
measurement of the pipeline length.
This shall be inclusive of qualified personnel to carry out the peel off test as per
standard, pipe fitter, Grinder, helper, labors required for cleaning of the pipe
surface, supplying calibrated tools like spring balance/digital spring balance,
infrared thermometer to carry out the test, submitting the reports as per GAIL’s
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instruction. Contractor must produce the valid calibration certificate for the tools
being used for the peel off test.
SOR-4B
After the UT thickness measurement done by GAIL, contractor shall recoat the
pipeline by applying cold wrap to the exposed pipeline section as per GAIL’s
standard for the same but not limited to the following.
1. Contractor shall supply Cold Tape along with primer.
2. The coating material should be of make DENSO / RAYCHEM equivalent make of
Desired Length for wrapping of pipeline dia with 67% overlapping.
3. The pipeline under this job varies from 30” to 4” in diameter.
4. Before applying the cold tape prior application of primer on pipe surface shall be
done as per manufacturer specification.
5. Cold tape must be applied/wrapped with 67% overlapping without any air
pockets trapped in between.
6. The Cold tape must be applied with experienced applicator.
7. Holiday test of the recoated surface must be carried out after the recoating job
done.
8. Recoating or coating application shall be acceptable only after acceptance in
holiday test. Contractor shall do the patch work/Match stick wherever is required
for minor defects.
This shall be inclusive of expert applicator along with all requisite tools, with 67 %
overlapping of cold tape of reputed make as approved by GAIL. The coating
applicator must be certified by Denso/Raychem. Contractor shall produce the
certificate to EIC before starting of Job.
SOR-5A-5F
Contractor shall supply of additional services, if required to be deployed for
attending the job at site, as per Job requirement & at GAIL's discretion. The
following services contractor shall provide at site as and when the job requirement
arises.
1. Tractor:
Tractor with Fuel, operator for Transportation of material to site.
2. Dewatering Pump:
Providing diesel engine driven (of capacity not less than 2.5 HP) water pump set
including mobilization and demobilization charges, Operator, fuel , hose length of
suction /discharge side of at least 15 meter for continuous functioning of the
same at site.
3. Portable DG set:
Providing Portable DG set (5 KVA) for 230 volt power supply for lighting /buffing
/grinding/ UT / X-ray etc. including mobilization and demobilization charges,
Operator, fuel etc. for continuous functioning of the same at site
5. Halogen/focus light set (1000Watt) with sufficient extension cable and spare
lamps.
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6. Service crew for Mechanical jobs at site comprising of 1 line fitter, 2 riggers,
with tool box for size up to 30mm.
The above services must be quoted per day basis. One day shall be of 8 hours
duration of uninterrupted availability for continuous usage of the deployed service,
i.e. for the first Eight hours or part thereof from the time of deployment contractor shall be paid amount equal to one day. (i.e. 1 equipment day = 8 hrs. of
deployment and availability for continuous usage). The working hours shall start
from the time of deployment of the pumping set at site. This will be inclusive of
Mobilization & Demobilization Charges, Operational Charges (Fuel, Consumables,
Operator etc. whatsoever is required for intended operation at site); Job is to be
carried out as per Tender Document and as per Instruction of EIC. Any additional
deployment beyond Eight (8) hours, shall be paid extra as additional proportionate
Day, and shall not be liable for any short of overtime / payment in any form. (eg
For deployment of any sort of following services for a period of 10 hours in a day ,
same shall be paid as 1.25 Days)
**************
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GAIL (India) Limited
(A Government of India Undertaking)
A Maharatna Company
th
7 Floor, ‘B’ Wing, Priyadarshini Building,
Eastern Express Highway, Sion (E), Mumbai-400022.
TENDER NO.: GAIL/MU/C&P/O&M/14/C064
E-Tender no. 8000007766
BID DOCUMENT FOR
DIGGING AND GAS PIPELINE INSPECTION (BELL
HOLE TEST) OF MAHARASTRA REGION PIPELINE
SECTION VI
PRICE SCHEDULE/
SCHEDULE OF RATES
ATTACHED SEPARATELY
To be submitted in prescribed format in the attachment
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