Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for: TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS GAIL (India) Limited (A Government of India Undertaking) A Maharatna Company th 7 Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, Sion (E), Mumbai-400 022. BID DOCUMENT NO. GAIL/MU/C&P/O&M/14/C065 E-Tender no. 8000007811 BID DOCUMENT FOR TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 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-384/380 Contact Person: DM (C&P)/CM (C&P) E-mail [email protected]; [email protected]; Signature of Bidder: 1 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 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/C065 (Etender No. 8000007811) TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS Last date & time for receipt of bids 01.05.2015 up to 14:00 Hrs.(IST) For complete details of tender documents and other details, the bidders are requested to visit GAIL e-tender portal https://etender.gail.co.in/irj/portal and tender website http://www.gailtenders.in/home.asp For any queries, please contact Dy. Manager (C&P) / Chief Manager (C&P), GAIL, Mumbai Phone: 022-24045453/56, Ext: 384/380 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. Signature of Bidder: 2 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS CONTENTS SECTION. NO. DESCRIPTIONS I. INVITATION FOR BID (IFB) II. INSTRUCTIONS TO BIDDERS (ITB) ANNEXURE-I (ITB FOR E-PROCUREMENT) ANNEXURE-II (GENERAL ITB) III. FORMS & FORMATS IV. PERFORMANCE EVALUATION V. SPECIAL CONDITIONS OF CONTRACT & SCOPE OF WORK VI. GENERAL CONDITIONS OF CONTRACT – WORKS (ATTACHED SEPARATELY AS PDF) VII. SCHEDULE OF RATES (ATTACHED SEPARATELY AS MS EXCEL) **** Signature of Bidder: 3 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS SECTION – I INVITATION FOR BID (IFB) Signature of Bidder: 4 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS INVITATION FOR BID (IFB) Ref.: GAIL/MU/C&P/O&M/14/C065 Date: 08.04.2015 To, The Bidder, SUBJECT: TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS Dear Sir, GAIL (India) Limited (A Govt. of India Undertaking – A Maharatna Company) invites e-Bid on Open Domestic Competitive Bidding basis from eligible bidders who meet Bid Evaluation Criteria as mentioned here-under for subject job under SINGLE STAGE TWO BID SYSTEM, as per technical specification, scope of supply and other terms and conditions as enclosed with this document and on following salient terms and conditions: 1.0 Salient Features of Tender Document: Open Domestic Competitive Bidding TYPE OF ENQUIRY BIDDING DOCUMENT NO. GAIL/MU/C&P/O&M/14/C065 (E-Tender No. 8000007811) (To be referred in all future correspondence) TENDER FEE (Non Refundable) Not applicable BID SECURITY (EMD) Rs. 58,600.00 As defined in SCC PERIOD OF CONTRACT At 11:00 hrs (IST) on 21.04.2015 PRE BID MEETING 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 2.0 Up to 14:00 hrs. (IST) on 01.05.2015 At 15:00 hrs. (IST) on 01.05.2015 GAIL (India) Limited, 7 Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, Sion ( E), Mumbai– 400 022. th Complete Tender Document and Schedule of Rates (in MS Excel Form) are available on GAIL’s/Govt. website and same can be downloaded from GAIL’s website https://etender.gail.co.in/irj/portal (as a guest user) or http://gailtenders.in. Bidder is requested to down load the same and quote their prices strictly as per the format without altering the content of it. Corrigendum(s)/Amendment(s) and Record Notes of pre-bid discussions, if any, shall also be available on the referred web sites, and its bidder(s) responsibility to check website regularly. 3.0 Tender fee not applicable for this tender. Signature of Bidder: 5 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 4.0 Bid Document is non-transferable. 5.0 Bids complete in all respect should be uploaded on the GAIL’s portal online on or before the bid due date and time. 6.0 PRE-BID MEETING (PBM) a) The Bidder(s) or his official representative, are invited to attend a pre-bid meeting on date, time and venue specified above. The person should carry authorization letter and valid Photo ID proof. b) The bidder is requested to submit clarifications/questions in the format (Format F3 refers) provided herewith by e-mail/courier / fax so as to reach GAIL at least three (03) day before the pre-bid meeting. These questions shall be replied during the pre-bid meeting. c) Corrigendum(s) and Record Notes of pre-bid discussions, if any, shall also be available on the referred web sites and its bidder(s) responsibility to check website regularly for such updates. d) This being an e-Tender process, a Session will also be arranged for bidders to demonstrate the e-Tendering system to facilitate bidders to submit the Bid Online. e) Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder. 7.0 SUBMISSION OF BIDS: Any bidder who meets BEC, Techno-commercial requirement of tender document and wishes to quote against this Tender may download the complete Tender Documents & its Corrigendum/Addenda (if any) from GAIL's website http://gailtenders.in; or "e-Tendering" portal at https://etender.gail.co.in/irj/portal (log in as guest user). Bids are to be uploaded / submitted online in GAIL’s e-tendering System (https://etender.gail.co.in) only. Bidder shall submit the Prices as well as the Un-Priced Documents as mentioned hereunder through our e-tendering portal only. Bids submitted in any other form, such as courier (containing documents in physical form) / post / in-person / fax / e-mail/telegram / telex/CD/DVD/documents in pen drive etc. shall not be accepted against this Tender. The "Un-Priced Bid" and "Price Bid" shall contain the documents in the manner specified below: PART-I: UN-PRICED/TECHNO-COMMERCIAL BID [Refer clause no. 12 of General ITB of Tender Document] To be submitted on Collaboration Folders of E-tendering system complete with all technical details along with all other required documents as specified in bid document including Schedule of Rates WITH PRICE BLANKED OUT. No Hard copy of Bid document to be submitted. The "Un-Priced Bid" must contain all technical and commercial details as mentioned in tender document in relevant folder(s), other than the rate with the following: PART-II: PRICE BID /PRICE SCHEDULE Signature of Bidder: 6 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS [Refer clause no. 12 of General ITB of Tender Document] It should contain only the “Price Schedule” in exact format of tender document completely filled with rates & all other required information, without any other terms and conditions or document whatsoever. The "Price Bid" containing any new / fresh condition [not mentioned in the "Un-Priced Bid"] shall be categorically ignored. PART-III: EARNEST MONEY DEPOSIT/BID SECURITY [Refer clause no. 16 of General ITB of Tender Document] The “copy of EMD/BG” and no terms and conditions and document(s), shall be uploaded in folder name EMD. Original of Earnest Money Deposit (EMD), POA (Power of Attorney), IP (Integrity Pact) etc. as per clause no. 11 of IFB must reach us on or before cut-off date & time. 7.1.1 [BID EVALUATION CRITERIA(BEC)] A) The bidders who intend to participate shall meet the minimum requirement as per the following bid evaluation criteria: The bidder must have successfully executed at least one single work for calibration of turbine flow meters with value not less than Rs. 7.31 lakhs in the preceding 07 years period. For substantiating above criteria, bidder has to submit copy of work order establishing the experience & copy of work execution / completion certificate establishing the value of the work executed at actual against the work order along with date of completion. The completion certificate must be issued by end user / owner (or their consultant who has been duly authorized by them to issue such certificate) only after completion of work / supply in all aspect. However, where the bidder is executing a rate / maintenance contract where the bidder is still running and the contract value executed till one day prior to due date of bid submission is equal to or more than the minimum prescribed value / quantity mentioned in the BEC, such experience will also be taken into consideration provided that the bidder has submitted satisfactory work / supply execution certificate issued by the end user / owner / authorized consultant. The work order & its completion certificate must be duly certified / attested by Notary Public with legible stamp. Bidder must have accreditation with National Accreditation Board for Testing & Calibration Laboratories (NABL) in the field of calibration of gas flow meters which must be valid at the time of bidding. Copy of NABL accreditation certificate showing validity and scope of accreditation must be duly certified / attested by Notary Public with legible stamp. 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 considered as experience for the purpose of meeting BEC subject to submission of tax paid invoice(s) Signature of Bidder: 7 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 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. B. 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. C. 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. 8.0 EARNEST MONEY DEPOSIT (EMD)/BID SECURITY: The Earnest Money Deposit (EMD) for the amount as mentioned above shall be submitted in the form of crossed Bank Demand Draft/Banker’s Cheque drawn on any Nationalized/Scheduled bank in favour of GAIL (India) Limited, payable at Mumbai. Alternatively, Earnest Money deposit may also be submitted through Bank Guarantee from any Indian Scheduled Bank or a branch of an International Bank situated in India and registered with Reserve Bank of India as scheduled foreign bank in the proforma attached with the Tender Document. However, other than the Nationalized Indian Banks, the banks whose BGs are furnished must be commercial banks having net worth in excess of Rs. 100 crores and a declaration to this effect should be made by such commercial bank either in the bank guarantee itself or separately on a letter head. Validity of EMD/BG shall be minimum 3 months beyond the validity of the offer. In event of non-availability of copy of EMD in bid (Bid => Technical Document => EMD Folder), such bids may not be considered/opened. 9.0 GAIL (India) Limited assumes no responsibility for inability of a bidder to submit bids through GAIL's "e-Tendering" system on account of delay in submission at bidder's end. Bidder shall ensure that they submit the bid well before the "Due Date & Time of Bid-Submission". GAIL shall not be responsible if bidder is not able to submit the bid on account of failure in network / internet connection at bidder's end. Bidder shall obtain a "Digital Certificate [Class-3B]" on their own and GAIL (India) Limited will be not at all responsible for a bidder not having acquired the valid "Class-3 / 3B Digital Certificate". For necessary security setting in PC and detailed instruction regarding e-tendering process, please refer to “Annexure-I Instructions to Bidders (ITB) for participation in E-Procurement" of this tender document and “Ready Reckoner and FAQs” (available on GAIL’s e-portal) for further details. 10.0 Clause deleted. 11.0 SUBMISSION OF TENDER FEE AND ORIGINAL CERTIFICATES/ DOCUMENTS: 11.1 Tender Fee: Not applicable. 11.2 Other Documents: The following original document(s) (along with any other document(s) which are asked in tender document for submission in original) must reach us on due date and time of bid Signature of Bidder: 8 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS submission (or within 7 days from the “due date for bid submission” in exceptional cases) as under, failing which bid may not be considered for further evaluation: (i) (ii) (iii) (iv) Copy of Tender Fee – not applicable EMD in form of DD/BG Original Power of Attorney (Refer Article 3.6 of ITB Annexure-I and 2.1 of Annexure-II of Section-II), as per Format - 5 [B]. Integrity Pact duly signed by Competent Person and witness – not applicable The above document(s) must be sent in a sealed envelope super scribing as “Original EMD & Documents against Tender Reference No. “GAIL/MU/C&P/O&M/14/C065 [ETender Bid Invitation No.- 8000007811]” so as to reach at following address: Attn – Sh. K. Balakrishnan, DM (C&P)/ Sh. U V Jadhav, CM (C&P) GAIL (India) Limited 7th Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, Sion (E), Mumbai- 400 022. Bidder must ensure that these documents must reach GAIL on or before 7th day from the final due date & time of bid opening (Part-I), failing which the bid will not be evaluated further irrespective of their status/ranking in tender and notwithstanding the fact that a copy of EMD was earlier uploaded by the bidder Above Document(s)/Bid(s) received after stipulated last date and time, due to any reasons what-so-ever, including postal delays will not be considered. 12.0 SCOPE OF SUPPLY & WORK The bidder shall undertake full responsibility on overall basis for providing desired Works/Job as described in the tender document & its corrigendum (if any). For complete details refer attached document(s) of bid document. 13.0 ZERO DEVIATION: Please note that this is a zero deviation tender. Bidders are advised to strictly confirm compliance to tender conditions and not to stipulate any deviation / conditions in their offer. Subsequent to bid submission, GAIL may not seek confirmations / clarifications from the bidders. Bidders are also requested to submit the documents / confirmations strictly as per requirement of tender document and its amendment(s), if any. In addition to above, bid with any deviation/modification to critical clauses & Rejection Criteria of bidding document shall be categorically rejected, without any clarification. 14.0 GAIL reserves the right to carry out capability assessment of the bidder including referral to in-house information. 15.0 GAIL will not be responsible or liable for cost incurred in preparation & delivery of bids, regardless of the conduct or outcome of the bidding process. 16.0 Bidder should not be under liquidation, court receivership or similar proceedings. Further, Bidder should not be black listed with any PSU and should not be on holiday list of GAIL and its PMC (i.e. EIL, MECON, Suez Tractebel, J P Kenny etc.). Signature of Bidder: 9 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 17.0 Corrigendum/Addendum, if any, shall also be available on the referred Websites. Further, bidder shall give an undertaking in Agreed Terms & conditions that the content of the bidding document have not been altered or modified. 18.0 No extension in the bid due date/time shall be considered on account of delay in receipt of any document. 19.0 GAIL will follow purchase preference policy as per prevailing guidelines of Government of India. All the bidders including those who are not willing to submit their bid against in this tender, are required to submit format F-1 “Acknowledgement Cum Consent Letter” attached in the tender along with reason(s) for non-participation (if applicable) within 7 days from receipt of tender information. GAIL reserves the right to accept or reject any or all offers without assigning any reason, whatsoever or to place order for part quantity at the sole discretion of GAIL. Thanking You, Yours faithfully, For GAIL (India) Limited (K. BALAKRISHNAN) Dy. Manager (C&P) E-mail: [email protected]; Signature of Bidder: 10 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS SECTION – II INSTRUCTIONS TO BIDDERS (ITB) Signature of Bidder: 11 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS ANNEXURE-I INSTRUCTIONS TO BIDDERS (INSTRUCTIONS FOR PARTICIPATION IN E-TENDER) 1. GENERAL This section contains detailed instructions regarding bid submission procedure under GAIL’s e-tendering system (e-tender portal). Bidders are required to read the following instructions in addition to various instructions mentioned elsewhere in the bid document for e-tendering, Ready Reckoner and FAQs etc. The instructions mentioned herein related to bid submission procedure shall supersede and shall prevail over the conditions enumerated elsewhere in the bid/tender document. Bidders who wish to participate in e-tenders must download ‘Ready Reckoner for bidders’ which contains instructions in respect of e-Tendering essentially covering security settings required for bidder’s PC / Laptop, uploading and checking the status of digital signature in the bidder’s PC / Laptop, obtaining unique login ID and password, resetting the password, downloading of Tender document and uploading of Offer/Bid etc. Further, the troubleshooting issues are also available in the form of FAQs which can be downloaded from E-Tender Portal. 2. ABOUT E-TENDER PORTAL (WEB) GAIL (India) Ltd. has developed a secured and user friendly e-tender system enabling bidders to Search, View, Download tender document(s) directly from the portal https://etender.gail.co.in (referred hereunder as “E-Tender Portal”) and also enables the bidders to participate and submit online prices directly in the e-tender portal or uploading of SOR/Price Schedule (Price Bid) in note and attachment folder, as applicable, and technical bids in secured and transparent manner maintaining absolute confidentiality and security throughout the tender evaluation process and award. 3. PRE-REQUISITE FOR PARTICIPATION IN BIDDING PROCESS The following are the pre-requisite for participation in e-Tendering Process: 3.1 PC/LAPTOP WITH WINDOWS OS, INTERNET EXPLORER Bidder must possess a PC / Laptop with Windows7 professional operating system and Internet Explorer 8 or 9 for hassle free bidding. Bidder is essentially required to effect the security settings as defined in step-by-steps with screen shots in the document named “Ready Reckoner for Bidders” for e-tendering available on GAIL’s e-Tender Portal and can be downloaded without logging in. 3.2 INTERNET BROADBAND CONNECTIVITY The Bidder must have a high speed internet connectivity (preferably Broadband) to access GAIL’s e-Tender Portal for downloading the Tender document and uploading/submitting the Bids. 3.3 A VALID E-MAIL ID OF THE ORGANIZATION/FIRM Signature of Bidder: 12 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS Bidder must possess an e-mail Id, preferably of the Organisation (in case of a company)/Individual (in case of proprietorship concern)/Partner having Power of Attorney (in case of a partnership firm) to create login Id. The e-mail Id should not be changed frequently. All communication related to e-tendering including system generated mails shall be sent on this e-mail Id only. The communication to bidder is fully automated through the system and hence email-id of bidder is very important for online communication with bidder during various stages of tendering process and should be preferably common e-mail Id of the Organisation. 3.4 USER ID AND PASSWORD FOR NEW BIDDER(S) To participate in the bidding process, it is mandatory on the part of bidder(s) to have user Id and password. Without user Id (Login Id), bidders cannot participate in e-tender. There will be single login Id for a bidder/vendor code. A bidder having offices/establishments at different address at same city or at different cities shall have different vendor codes and accordingly, different user Ids as a particular user Id is linked to a particular vendor code. To obtain User Id and Password Vendor/Bidder must visit https://etender.gail.co.in site and perform the following steps: i) Click on button Request User Id (For new Bidders) ii) Fill the on line self-registration form and submit. Ensure that the e-mail address given in the form is valid and active. If you have already been provided with the Vendor code of GAIL, please mention the 10 digit Vendor code in the specified field, otherwise leave blank. iii) Ensure that all the mandatory fields (identified with a * mark) are filled in the 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. 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 34 working days provided complete information has been furnished by the bidder in selfregistration 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. Signature of Bidder: 13 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS In case bidder desires for change in the registered e-mail id in GAIL’s system, the under mentioned steps may be followed:Note the name, designation, e-mail id etc of the dealing officer from the tender document or from the “Contact Us” link available on the logon page of GAIL’s e tender portal. Request for change in the registered e-mail id may be sent to the dealing officer on the company’s letter head through post/ courier/e-mail. Bidder is also requested to mention his vendor code / user Id in the letter. 3.6 ABOUT DIGITAL SIGNATURE (I) What is a Digital Signature? This is a unique digital code which can be transmitted electronically and primarily identifies a unique sender. The objective of digital signature is to guarantee that the individual sending the message is who he or she really claims to be just like the written signature. The Controller of Certifying Authorities of India (CCA) has authorized certain Certifying Authorities (CA) to issue Digital Certificates. Digitally signed documents are legally valid as per the Indian IT Act 2000. One Digital Certificate is valid for a specified period and can be used for digitally signing any number of documents. (a) In case of Proprietorship/Partnership Both i.e. (i) Class 3 Digital Signatures issued to authorized individuals on their KYC basis and (ii) Class 3b Digital Signatures issued to authorized individuals with their organization KYC basis are acceptable. (b) In case of Firm/ Company Only Class 3b Digital Signature is acceptable where individuals are using their digital signatures on behalf of the Organization and digital Signature should be in the name of authorized signatory who has signed the bid on behalf of bidder. 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: Signature of Bidder: 14 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS a) Visit the site of the licensed CA* using internet browser. b) Apply for a class 3b or class 3(as applicable) Digital Certificate with encryption/decryption facility. c) Follow the instructions on the CA’s website for submission of requisite documents for issue of the Digital Certificate and making payment. *Links to some of the licensed CA's are provided below 1. http://www.ncodesolutions.com 2. http://www.sifycorp.com 3. http://www.tcs-ca.tcs.co.in 4. http://www.e-mudhra.com 5. http://www.nicca.nic.in 6. www.idrbtca.org.in Note: The Digital signatures should be obtained directly from certifying authority (CA). Digital signature taken from Sub CA will not be acceptable in the e-tendering system. GAIL/Owner reserves the right to verify the Authenticity of above digital signatures after bid opening and in case the digital signature is not authorized / valid, the bid will be rejected. Bidder shall be responsible for ensuring the validity of digital signatures and proper usage of the same. 4. HOW TO SUBMIT TENDERS? ON-LINE BIDS/OFFERS ELECTRONICALLY AGAINST E- 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 Signature of Bidder: 15 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS submission. 7. Further, bidders are advised to carry out a practice session on the demo version of tendering as explained in Ready Reckoner to get well acquainted with the system before actual submission of bid. 8.0 CONTENT OF BID 8.1 UN-PRICED BID The Un-priced Bid (i.e. Part I – Technical Bid, refer ITB of tender for details) to be uploaded using Link “TECHNICAL DOCUMENT”. Bidders are advised to not upload duly filled Schedule of Rates/Price Schedule (Price Bid) at this link. For detailed instructions, Ready Reckoner for bidders may be referred. Before the bid is uploaded, the bid comprising of all relevant documents mentioned in the tender document should be digitally signed in accordance with the Indian IT Act 2000. If any modifications are required to be made to a document thereafter the modified documents shall be again digitally signed before uploading. Bidders are required to upload all Tender forms and supporting documents which form part of the bid/tender in the Collaboration Folder (C-Folder) under tender document of etender 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: Signature of Bidder: 16 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 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: Bidder may save/store the bid documents in the PC/Laptop before submitting the bid into in e-tender portal. ii) Bidder is required to fill up the price(s)/rate(s) strictly in the Schedule of Rate (SOR)/Price Schedule attached with the tender. i) 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 etender 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. Signature of Bidder: 17 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 10. SUBMISSION OF DOCUMENTS Bidders are requested to upload small sized documents preferably (upto 20 MB) at a time to facilitate easy uploading into e-tender portal. GAIL shall not be responsible in case of failure of the bidder to upload documents/bids within specified time of tender submission. 11. LAST DATE FOR SUBMISSION OF BIDS System does not allow for submission or modification of bids beyond the deadline for bid submission. However, if the bidder for some reason intends to change the bid already entered, he may change/revise the same on or before the last date and time of submission. The system time displayed on GAIL’s e-tender webpage shall be final and binding on the bidders for all purposes pertaining to various events of the subject tender and no other time shall be taken into cognizance. Bidders are advised in their own interest to ensure that bids are uploaded in e-tender system well before the closing date and time of bid. 12. INTERNET CONNECTIVITY If bidders are unable to access GAIL’s e-tender portal or Bid Documents, the bidders may please check whether they are using proxy to connect to internet or their PC is behind any firewall and may contact their system administrator to enable connectivity. Please note that Port SSL/443 should be enabled on proxy/firewall for HTTPS connectivity. Dialup/Broad band internet connectivity without Proxy settings is another option. Signature of Bidder: 18 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS ANNEXURE-II GENERAL INSTRUCTIONS TO BIDDERS (GITB) TABLE OF CONTENTS A. B. C. D. E. F. General 1. Scope of Bid 2. Eligible Bidders 3. Bid Evaluation Criteria 4. Bids from Consortium / Joint Venture 5. One Bid per Bidder 6. Cost of Bidding 7. Site Visit Bidding Documents 8. Content of Bidding Documents 9. Clarification of Bidding Documents 10. Amendment of Bidding Documents Preparation of Bids 11. Language of Bid 12. Documents Comprising the Bid 13. Bid Prices 14. Bid Currencies 15. Bid Validity 16. Bid Security 17. Pre-Bid Meeting 18. Format and Signing of Bid 19. Zero Deviation 20. E-Payment Submission of Bids 21. Marking of Bids 22. Deadline for Submission of Bids 23. Late Bids 24. Modification and Withdrawal of Bids Bid Opening and Evaluation 25. Bid Opening 26. Process to be Confidential 27. Contacting the Employer 28. Examination of bids and Determination of Responsiveness 29. Correction of Errors 30. Evaluation and Comparison of Bids Award of Contract 31. Award 32. Employer’s Right to Accept any bid and to Reject any or all Bids 33. Notification of Award 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. Signing of Agreement Contract Performance Security Corrupt or Fraudulent Practices Waiver of the transfer of the agreement Integrity Pact AHR Items Road Permit Performance Rating and Evaluation Public Procurement Policy for Micro and Small Enterprises Settlement of Commercial Disputes Between Public Sector Enterprise(s) Inter-Se and Public Sector Enterprise(s) And Government Department(s) Through Permanent Machinery of Arbitration (PMA) In The Department of Public Enterprises 44. Compliance with labour industrial law Signature of Bidder: 19 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS GENERAL INSTRUCTIONS TO BIDDERS (GITB) A. General 1. Scope of Bid 1.1 The Employer/GAIL/Purchaser/Owner, as defined in the General Conditions of Contract, hereinafter “the Employer”, wishes to receive bids for the Works/Services as described in Section VI, Special Conditions of Contract, hereinafter referred to as “the Works/services.” 1.2 The successful bidder will be required to provide the services /complete the work within the period mentioned in SCC Section VI of bidding document. 1.3 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives (“bidder/ tenderer”, “bid/ tendered”, “bidding/ tendering”, etc.) are synonymous, and day means calendar day. Singular also means plural. Bidders shall, as part of their bid, submit a written power of attorney authorizing the signatory (for manual signature as well as digital signature, refer enclosed Format) of the bid to bind the bidder. 2.1 2. Eligible Bidders 2.2 This invitation for bid is open to any bidder who meets Bid Evaluation Criteria (BEC) and other requirement of tender document. 2.3 (i) A bidder shall not be affiliated with a firm or entity that has provided consulting services related to the Works to the Employer during the preparatory stages of the Works or of the Project of which the Works form a part, or That has been hired (or is proposed to be hired) by the Employer as Engineer/ Consultant for the contract. (ii) 3. 4. 5. 6. Bid Evaluation Criteria Bids from Joint Venture / Consortium One Bid per Bidder Cost of Bidding 7. Site Visit Signature of Bidder: 2.4 The bidder shall not be under a declaration of ineligibility by Employer for corrupt or fraudulent practices as defined in ITB. 2.5 The bidder is not put on holiday by GAIL or GAIL’s PMCs like EIL, MECON, Suez Tractebel, J P Kenny etc. OR BANNED by any Government Department / Public Sector. Please refer clause no. 7.1.1 of IFB & clause no. 4 of ITB. 4.1 Not applicable 5.1 A bidder who submits more than one bid will cause all the bid(s) which the bidder has submitted; to be disqualified. The bidder shall bear all costs associated with the preparation and submission of the bid, and GAIL will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. The bidder is advised to visit and examine the Site and its 20 6.1 7.1 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 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. 7.2 7.3 The bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection. The Employer may conduct a Site visit concurrently with the pre-bid meeting. 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 9 & 10. Section I Section II Section III Section IV Section V Section VI Section VII 8.2 9. Clarification of Bidding Documents Signature of Bidder: 9.1 Invitation for Bids (IFB) Instructions to Bidders (ITB) Forms and Formats Special Conditions of Contract (SCC) & Scope of Work (SOW) Performance Evaluation General Conditions of Contract (GCC) Price Schedule / Schedule of Rates to be uploaded in Note and Attachment Tab of etender portal 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. 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 03 days prior to the date of scheduled Pre-Bid Meeting. Written copies of GAIL’s response (including an explanation of the query but without identifying the source of the query) will be uploaded on e-tendering website. Any Clarification or information required by the bidder should 21 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 10. Amendment of Bidding Documents 10.1 reach Employer within 07 days prior to the bid due date, thereafter no cognizance shall be given to such queries. At any time prior to the bid due date, GAIL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the bidding documents. 10.2 Any addendum thus issued shall be part of the Bidding Documents. The addendum will be hosted on the GAIL websites http://www.gailtenders.in and https://etender.gail.co.in/irj/portal. All the prospective bidders who have attended the pre-bid meeting or who have raised queries (in writing) against bidding document shall be informed by e-mail/Fax about the addendum for their reference. Bidders have to take into consideration of all the addendum(s) / corrigendum (s) / clarifications issued/ web hosted, before submitting the bid. 10.3 In order to afford prospective bidders, reasonable time in which to take the amendment into account in preparing their bids, GAIL may, at its discretion, extend the bid due date. 11. Language of Bid 11.1 12. Documents Comprising the Bid 12.1 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. Bid must be submitted online thru' GAIL's "e-Tendering" system at https://etender.gail.co.in/irj/portal Bidder shall submit both "Un-Priced Bid" and "Price Bid" through GAIL's "e-Tendering" portal only. Please read “Rejection criteria” and all other document/corrigendum of tender before submitting bid. C. Preparation of Bids Detailed step-by-step instructions to upload bid is explained in the “Ready Reckoner” which can be downloaded from GAIL’s e-portal. Also, bidder can refer FAQs available on this portal. 12.2 The "Un-Priced Bid" and "Price Bid" shall contain the documents in the manner specified below: 12.3 PART-I: UN-PRICED (TECHNO-COMMERCIAL BID): (The following documents along-with any other document(s) /confirmation(s) as required based on terms and conditions of tender document must be uploaded under link “TECHNICAL DOCUMENT” and not at “Step 3/ Notes and Attachment/Price Bid Section”) The "Un-Priced Bid" must be complete with the following: (i) 'Covering Letter' on Bidder's 'Letter head' Signature of Bidder: 22 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS (ii) Copy of Tender Fee (iii) Copy of Original EMD / Bid Security (iv) Documents against BEC (Refer clause no. 7.1 to IFB) (v) Format from CA for financial capability (Format F-2A) (vi) Copy of Power of attorney (as per clause no.- 2.1, Annexure-II, GITB) (vii) Format of AGREED TERMS & CONDITIONS & CHECKLIST duly filled-in (Form F-10 & F-10A) (viii) Copy of Integrity Pact F-11 duly signed by competent person on plain paper. (ix) All other applicable Forms/formats duly filled-up in all respects (viz. F-2, F-2 (A), F-3 (A), F-4, F-5 (A&B), F-6, F-10 & F-10 (A) of Section - III of Tender Document) (x) Copy of Price Schedule format without the prices/rates but mentioned QUOTED/NOT QUOTED in all relevant boxes towards proof of submission of prices strictly as per price schedule in “Price Bid (Part-II)” of Bid. (xi) All technical and commercial details other than the rate/price. (xii) Any other information/details required as per bidding document including addendum /corrigendum to this bidding document, if issued. 12.4 For easy download and access of document(s) submitted in the bid, bidder are advised to upload document(s) in relevant Folders namely Index, Tender Documents, BEC, Unpriced Commercial, EMD, POA, Formats, Tender Fee, Other etc. only. All the documents should be 'digitally signed' through a valid "Class-3 / 3b Digital Certificate" (Please refer clause no. 3.6 of ITB, Annexure – I, Section – II). 12.5 PART-II: PRICE BID [SCHEDULE OF RATE] (Only Priced Bid in form of PDF/MS Excel duly filled rates exactly in Format Provided in this tender must be uploaded under link “Step 3 : Notes and Attachment” and not at link “TECHNICAL DOCUMENT”) Signature of Bidder: 12.6 Priced Bid shall contain only rates/prices filled-in strictly in the “Price Schedule/Schedule of Rates” format of the tender document (MS Excel OR PDF) and shall be uploaded as an SRM attachment. 12.7 No stipulation, deviation, terms & conditions, presumption, basis or any documents etc. shall be stipulated / submitted in Priced bid. GAIL shall not take cognizance of any such statement / document(s) /information and may at their discretion reject such price bids. 23 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 12.8 Bidders are advised NOT to mention Rebate/Discount separately, either in the Price Schedule format or anywhere else in the offer. In case bidder(s) intend to offer any Rebate /Discount, they should include the same in the item rate(s) itself under the “Schedule of Rates” and indicate the discounted unit rate(s) only. If any bidder offers suo-moto discount after opening of unpriced bids but before opening of price bids, such reduction / discounts shall not be considered for evaluation. However, if the bidder happens to be the lowest evaluated bidder without considering such discount then the benefit of discount will be availed at the time of award of work. In the event as a result of techno-commercial discussions or pursuant to seeking clarifications / confirmations from bidders, while evaluating the un-priced part of the bid, any of the bidders submits a sealed envelope stating that it contains revised prices; such bidder(s) will be requested to withdraw the revised prices failing which the bid will not be considered for further evaluation. 13. Bid Prices 13.1 The Contract shall be for complete scope of services as described in Bidding Document, based on the unit rates and prices submitted by the Bidder and accepted by the EMPLOYER. 13.2 Prices must be filled in format for ‘Schedule of Rates’ available as attachment in Note and Attachment TAB of e-tender portal. If quoted in separate typed sheets and any variation in item description, unit or quantity is noticed; the bid is liable to be rejected. 13.3 Bidder shall quote rates only in Schedule of Rates after careful analysis of cost involved for the performance of the completed item considering all parts of the Bidding Document. In case any activity though specifically not covered in description of item under ‘Schedule of Rates’ but is required to complete the works as per Scope of Work, Scope of supply, Specifications, Standards, Drawings, General Conditions of Contract, Special Condition of Contract or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity. Items against which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the SOR. 13.4 All duties and taxes including Excise duty, Sales tax, VAT, Entry tax, Custom duty, CVD, additional CVD, Work Contract tax, Turnover Tax and other levies or any other statutory Signature of Bidder: 24 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS payments payable under the Contract or for any other cause by the Contractor except Service Tax and Cess shall be included in the rates / in total bid price submitted by the bidder. Domestic bidders are required to mention Service Tax extra in SOR. 13.5 Prices quoted by the bidder, shall remain firm and fixed and valid until completion of the Contract and will not be subject to variation on any account except statutory variations in Service Tax as mentioned below 13.6 Statutory variations in Service tax during the contract period including it’s extension (if any), shall be to the Employer’s account for which the Contractor will furnish documentary evidence(s) in support of their claims to GAIL. However, any increase in the rate of these taxes and duties beyond the contractual completion period shall be to Contractor's account and any decrease shall be passed on to GAIL. 13.7 Further, any new taxes & duties, if imposed by Govt. of India after due date of bid submission but before the completion period/contract completion period, shall be reimbursed to the Contractor on submission of documentary evidence towards proof of payment to Govt. authorities and after ascertaining it’s applicability w.r.t. this contract. 13.8 Owner/GAIL will reimburse the service tax to the Contractor at actuals against submission of CENVATABLE invoices issued in accordance with service tax Rules to enable Owner/GAIL to claim CENVAT credit of service tax paid. In case of any variation in the executed quantities, the amount on which the Service Tax is applicable shall be modified in same proportion. Service Tax: 13.9 The bid rates should be inclusive of all taxes & duties applicable during the contract period except Service Tax and Education Cess thereon. Service Tax and Education Cess thereon to be quoted separately in percentage as well as its total amount in SOR and same shall be reimbursed wherever service provider is liable to pay service tax on submission of documentary evidence/invoice(s) as per Rule 4A of Service Tax Rule, 1994. 13.10 The applicable rate of Service Tax against the tender is 12.36% which has been indicated in Schedule of Rates (SOR). However, the bidder is free to quote any other rate of service Tax provided the same must be in line with the provisions of Service Tax Law in India. However, the bidder is requested to ensure applicability of quoted Service Tax as per nature of job before submitting their offer. Any difference payable on account of wrong Service Signature of Bidder: 25 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS tax rate shall be on the scope of the bidder. 13.11 If bidder wants to quote rate of Service other than 12.36%, then below mentioned provision will be applicable and the same has to be confirmed by the bidder in Agreed Terms and Conditions. (a) (b) In case a bidder indicate the rate & amount of service tax in the SOR as “Extra at Actuals” their quoted price shall be evaluated after loading of service tax at the rate applicable at the time of bid opening without any abatement (i. e. presently @ 12.36%), which will be completely sole discretion of GAIL. (c) In case the bidder quotes any other rate which is less than prevailing rate as per service tax rules by virtue of any abatement/ exemption then the bidder shall make note of such abatement/ exemption in SOR, else their quoted price shall be evaluated after loading of service tax at the rate applicable without any abatement (i. e. presently @ 12.36%), at the time of bid opening instead of lower rate of service tax as quoted by the bidder, which will be completely sole discretion of GAIL. However reimbursement of service tax will be restricted to the rates as quoted by bidder in percentage as well as its total amount in SOR, and contractor shall be liable to pay differential service tax at its own to government department. During the execution of the contract, GAIL may ask for copy of challan to ensure the payment by contractor of such differential service tax. In case, rate of service tax quoted by bidder is higher than maximum applicable rate as per prevailing service tax rules, it shall be restricted to the prevailing maximum rate (i. e. presently @ 12.36%), for reimbursement purpose, and in the same line for evaluation purpose also the prevailing maximum rate ( i. e. presently @ 12.36%) shall only be considered. The Higher rate of service tax quoted by bidder as stated above in percentage as well as its total amount in SOR shall be termed as void, and not be considered in any case, which will be completely sole discretion of GAIL. (d) Signature of Bidder: 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 (i e presently @ 12.36%) and the job shall be awarded accordingly to the L-1 bidder after reduction of the applicable service tax amount ascertained in this regard. 26 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 13.12 NOTE: “In case Service Tax department brings to the notice of GAIL that a Contractor has not paid to the credit of the Government the Service Tax collected from GAIL, then suitable penal action against the Contractor will be initiated which will include putting the contractor on holiday list”. 13.13 The bidder who is exempted to pay Service Tax and Education Cess thereon due to annual turnover at the time of bid submission and later on if it becomes applicable, evaluation shall be made based on information available in their bid. Further, after placement of order/contract, if Service Tax and Education Cess thereon due to increase in annual turnover become leviable, GAIL shall not reimburse Service Tax & Education Cess thereon and contractor shall be liable to pay Service Tax & Education Cess thereon to Government department during the execution of the contract. 13.14 The bidder shall indicate in its bid the Service Tax Registration no. and in case the Service Tax registration no. is not available, the bidder will give confirmation for obtaining registration with a copy of application for registration. 13.15 The Service Provider shall specifically mention the Service Tax Registration No. in their Invoice(s). Further, the amount and rate of Service Tax shall be separately and distinctly specified in the Invoice(s). In addition to above invoice / bill shall be serially numbered and should also specify following: (i) The name, address and registration number of the service provider (ii) The name and address of the recipient of the taxable service (iii) Description, classification and value of taxable service provided and (iv) The service tax payable on such services 13.16 The above details are required to enable GAIL to avail CENVAT credit for the service tax payments. 13.17 CENVAT CREDIT (i) Bidders shall provide required documents for availing CENVAT Credit applicable on Service Tax as per prevailing rules. (ii) “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. Signature of Bidder: 27 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS (iii) 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.” 13.18 Income Tax & other taxes : (I) Income tax deduction shall be made from all payments of the contractor as per rules and regulation in force in accordance with the income tax act prevailing from time to time. Further, WCT if applicable shall be deducted. (ii) The bidder has to bear the withholding tax as applicable in India in accordance with Income Tax Act on every payments and withholding tax certificate would be issued accordingly. Bidders shall submit bid in Indian Rupees only. 14. Bid Currencies 15. Bid Validity 16. Bid Security 15.1 Bids shall be kept valid for three (03) months from the final bid due date. A bid valid for a shorter period may be rejected by GAIL as non-responsive. 15.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request that the bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by fax / e-mail. A bidder may refuse the request without forfeiture of his bid security. A bidder agreeing to the request will not be permitted to modify his bid, but will be required to extend the validity of its bid security for the period of the extension and in accordance with Clause 16 in all respects. The bidder shall furnish, as part of his bid, bid security in the amount specified in the Invitation for Bids (IFB). The bid security is required to protect GAIL against the risk of bidder’s conduct which would warrant the security’s forfeiture, 16.1 16.2 Signature of Bidder: 28 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 16.3 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. In case Bid Security is in the form of a Bank Guarantee, the same shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank. However, in case of Bank Guarantee from banks other than the Nationalised Indian banks, the bank must be commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. Bid Security shall be valid for 2 months beyond the validity of the Bid. 16.4 Any bid not secured in accordance with Clause-16.1 and 16.3 may be rejected by GAIL as non-responsive. 16.5 Unsuccessful bidder’s bid security will be discharged/returned as promptly as possible, but not later than 30 days after the expiration of the period of bid validity prescribed by GAIL, pursuant to ITB Clause-15. 16.6 The successful bidder’s bid security will be discharged upon the bidder’s accepting the award & signing the Agreement, pursuant and furnishing the Contract Performance Security pursuant. 16.7 The bid security may be forfeited: a) b) If a bidder withdraws his bid during the period of bid validity. in the case of a successful bidder, if the bidder: i) ii) iii) iv) 16.8 Signature of Bidder: fails to accept the Notification of Award/Fax of Acceptance (FOA) or fails to furnish Contract Performance Security in accordance with Clause-35. Fails to accept arithmetical corrections. Provides false information and/or forged document(s) in their bid. The Bid security shall be submitted in the form of crossed Bank Demand Draft drawn on any Nationalized/Scheduled bank in favour of GAIL (India) Limited, payable at Mumbai. In case Bid Security is in the form of Bank Guarantee, the same must indicate the Tender Document reference no. and the name of work/job for which the bidder is quoting. This is essential to 29 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS have proper co-relation at a later date. The Bid Security shall be in the form provided at F-4 (Bank Guarantee). 16.9 Exemptions: (i) Firm registered with NSIC are exempted from furnishing Bid Security, provided the firms are registered for the items, they intend to quote and subject to their enclosing with their bid a copy of latest and current registration certificate. Further, Public Sector Undertakings are also exempted from furnishing Bid Security. 17. Pre-Bid Meeting 18. Format and Signing of Bid 17.1 17.2 The bidder attending pre-bid meeting/conference should carry authorization letter and valid Photo ID proof. 17.3 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. 17.4 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 SubClause 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. 17.5 Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder. 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. The name and post held by the person digitally-signing the bid must be typed or printed below the signature 18.1 18.2 Signature of Bidder: (ii) In case, bidder is a Micro or Small Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006, is also exempted from submission of EMD/Bid Security provided the firms are registered for the items, they intend to quote and subject to their enclosing with their bid & they have to submit the sufficient documentary evidence as per clause no. 30 of ITB. The bidder(s) or his designated representatives are invited to attend a pre-bid meeting at time & venue mentioned in IFB. The bid shall contain no alterations, omissions, or additions, unless such corrections are initialed by the person signing the 30 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 19. Zero Deviation 19.1 19.2 bid. Bidders to note that this is a zero deviation tender. GAIL will appreciate submission of offer based on the terms and conditions in the enclosed General Conditions of Contract (GCC), Special Conditions of Contract (SCC), Instructions to Bidders (ITB), Scope of Work, technical specifications etc. to avoid wastage of time and money in seeking clarifications on technical/ commercial aspects of the offer. Bidder may note that no technical and commercial clarifications will be sought for after the receipt of the bids. Bids with any deviation to the bid conditions shall be liable for rejection. Notwithstanding to the above, bid with deviation(s) / modifications(s) to the following bid conditions shall be summarily rejected without any post bid reference to the bidders: (i) Not meeting BEC of Tender. (ii) Non-submission of Tender fee & EMD. (iii) Bids not submitted thru’ e-tendering portal. (iv) Period of Validity of bid. (v) Firm & Fixed Price. (vi) Payment Terms. (vii) Schedule of Rates/Price Bid. (viii) Contract Period / Completion Schedule. (ix) Price Reduction Schedule/Penalty for non-performance. (x) Contract Performance Bank Guarantee. (xi) DLP clause. (xii) Arbitration. (xiii) Force Majeure. (xiv) Applicable Laws. (xv) Special Conditions of Contract & Scope of Work. (xvi) Integrity Pact. (xvii) Any other condition specifically mentioned in the tender document elsewhere that non-compliance of the clause lead to rejection of the bid. 19.3 20. E-Payment D. Submission of Bids Signature of Bidder: 20.1 In case Bidder stipulate deviations, Owner have the right to reject such bid at its absolute discretion without giving any opportunity for such Bidders to make good such deficiency. 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 ebanking be made to the bidder, in case work is awarded to him. Further, the bidder should give the details of his bank account in any bank to facilitate payment through e-banking in case of award of work. 31 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 21. Marking of Bids 22. Deadline for Submission of Bids Please refer IFB. 22.1 The Bid complete in all respect must be submitted on GAIL eportal within due date and time, as after the cut-off time system will not allow to submit the bid. 22.2 GAIL may, in exceptional circumstances and at its discretion, on giving reasonable notice by fax or any written communication to all prospective bidders who have been informed through e-mail for participation, extend the deadline for submission of bids, in which case all rights and obligations of GAIL and the bidders, previously subject to the original deadline will thereafter be subject to the deadline as extended. Further, intimation for extension of bid due date shall be hosted on e-tender site. System does not allow for submission / receipt of bids beyond the deadline for bid submission. The bidder may modify his bid after the bid submission but before the deadline for bid submission. 23. Late Bids 23.1 24. Modification and Withdrawal of Bids 24.1 24.2 24.3 24.4 After error-free successful submission of bid, system will generate/pop a message of status of successful submission of bid. If bidder is changing/editing his bid and not able to resubmit the same, previous version of saved bid will be treated as final. No bid shall be modified after the deadline for submission of bids. 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 SubClause 16.7. DEBARRING AN “ERRANT” BIDDER(S) FROM TENDERING PROCESS: In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any mistake committed by him in bidding or withdrawal of bid or modification of bid or varying any term in regard thereof leading to re-tendering, GAIL shall forfeit EMD paid by the bidder and such bidders shall be debarred from participation in re-tendering of the same job(s)/item(s). Further, such bidder will be put on holiday for a period of six months after following the due procedure. In case Service Tax department brings to the notice of GAIL that a Party has not paid to the credit of the Government the Service Tax collected from GAIL, then party will be put on holiday for a Signature of Bidder: 32 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS period of six months after following the due procedure. E. Bid Opening and Evaluation 25. Bid Opening 25.1 Un-priced Techno-Commercial Bid Opening : 25.1.1 GAIL will open un-priced part of bids including withdrawals and modifications made pursuant to Clause 24 of ITB in the presence of bidder’s designated representatives, at date and time as stipulated in IFB at venue specified. The bidder’s representatives who are present shall sign bid-opening statement evidencing their attendance. 25.2 26. Process to be Confidential 27. Contacting the Employer 28. Examination of bids and Determination of Responsiveness 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. 26.1 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 any other persons officially not concerned with such process. Any effort by a bidder to influence the Employer’s processing of bids or award decisions may result in the rejection of the bidder’s bid and GAIL may initiate action against such bidders as deemed fit including putting them on “Holiday List”. 27.1 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 do so in writing. 27.2 Any effort by the bidder to influence the Employer in the Employer’s bid evaluation, bid comparison, or Contract award decisions may result in the rejection of the bidder’s bid. 28.1 Prior to the detailed evaluation of bids, the Employer will determine whether each bid a. b. c. d. e. 28.2 Signature of Bidder: 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. A substantially responsive bid is one which conforms to all the 33 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS terms, conditions and specifications of the bidding documents without material deviations or reservations. A material deviation or reservation is one 29. Correction of Errors 30. Evaluation and Comparison of Bids Signature of Bidder: (a) that affects in any substantial way the scope, quality, or performance of the service; (b) that limits in any substantial way, inconsistent with the bidding documents, the Employer’s rights or the bidder’s obligations under the contract; or (c) Whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids. 28.3 If a bid is not substantially responsive, it will be rejected by the Employer and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation. 28.4 Bidders, if so desire(s), may seek in writing the reasons for rejection of their bid, to which GAIL shall respond quickly. Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows : 29.1 (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. The evaluation and comparison of bids will be done as per the provisions mentioned below: 30.1 34 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 30.1.1 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. 30.2 PURCHASE PREFERENCE TO MSEs: Following provision has been incorporated in tender for MSEs, in line with notification of Government of India, vide Gazette of India No. 503 dated 26.03.2012 proclaiming the Public Procurement Policy on procurement of goods and services from Micro and Small Enterprises (MSEs) provided the firms are registered for the items, they intend to quote and subject to their enclosing with their bid. 30.2.1 Issue of Tender Documents (in case of Open Tenders) to MSEs free of cost. 30.2.2 Exemption to MSEs from payment of EMD/Bid Security. 30.2.3 As tendered item is non-splitable or non-dividable, MSE quoting price within price band L1 (other than MSE) + 15%, may be awarded for full/complete value of supplies/contract subject to matching of L1 price. 30.3 Clause Deleted 30.4 The MSE’s owned by SC/ST entrepreneurs shall mean: (i) (ii) (iii) In case of Proprietary MSE, Proprietor(s) shall be SC/ST. In case of Partnership MSE, the SC/ST partners shall be holding at least 51% share in the unit. In case of Private Limited Companies, at least 51% share is held by SC/ST. If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard. 30.5 In case bidder is a Micro or Small Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006, the bidder shall submit the following: (i) Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises. (ii) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this Signature of Bidder: 35 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS regard. The above documents submitted by the bidder shall be duly certified by the Statutory Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) where audited accounts are not mandatory as per law. If the bidder does not provide the above confirmation or appropriate document or any evidence, then it will be presumed that they do not qualify for any preference admissible in the Public Procurement Policy (PPP), 2012. 30.6 If against an order placed by GAIL, successful bidder(s) (other than Micro/Small Enterprise) is procuring material/services from their sub-vendor who is a Micro or Small Enterprise registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises with prior consent in writing of the purchasing authority/Engineer-in-charge, the details like Name, Registration No., Address, Contact No. details of material & value of procurement made, etc. of such Enterprises shall be furnished by the successful bidder at the time of submission of invoice/Bill. F. Award of Contract 31. Award 31.1 32. Employer’s Right to Accept Any Bid and to Reject Any or All Bids 32.1 33. Notification of Award 33.1 Signature of Bidder: 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. GAIL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or any obligations to inform the affected bidder or bidders of the ground for GAIL’S ACTION. 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. 36 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 33.2 The notification of award will constitute the formation of a Contract, until the Contract has been affected pursuant to signing of Contract as per Clause 34 of ITB. Upon the successful bidder’s furnishing of contract performance security, pursuant to Clause 35 of ITB, GAIL will promptly notify each unsuccessful bidder and will discharge his bid security, pursuant to Clause 16 of ITB. 34. 35. Signing of Agreement Contract Performance Security Signature of Bidder: 34.1 GAIL will award the Contract to the successful bidder, who, within 15 days of receipt of the same, shall sign and return the acceptance copy to GAIL. 34.2 The successful bidder shall be required to execute an AGREEMENT in the Performa given in of this standard bidding document on non-judicial paper of appropriate value (the cost of stamp paper shall be borne by the Contractor), within 15 days of the receipt by him of the Notification of Acceptance of Tender. In the event of failure on the part of the successful bidder to sign the AGREEMENT within the above stipulated period, the Bid Security shall be forfeited and the acceptance of the tender shall be considered as cancelled. In such case, Employer may carry-out this job on risk & cost of Contractor, as per provisions of GCC. The CONTRACTOR shall furnish to the EMPLOYER, within 30 (thirty) days from the date of notification of award, a security in the sum of 7.5% of the Annualized contract / order value (exclusive of Service Tax) of the tender or the actual value of work to be done whichever is applicable due to any additional work or any other reasons, in the form of a Bank draft/Banker’s Cheque or Bank Guarantee or irrevocable Letter of credit (as per proforma enclosed) as Contract Performance Security with the EMPLOYER which will be refunded after the expiry of DEFECTS LIABILITY PERIOD. The SD will be valid for the period of contract + 90 days beyond the contract period/duration and applicable Warranty/Guarantee/Defect Liability Period (if any). 35.1 37 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 36. Corrupt or Fraudulent Practices 35.2 The contract performance security shall be for above mentioned amount excluding taxes and duties towards faithful performance of the contractual obligations and performance of equipment. This Bank Guarantee/DD shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank. However, in case of bank guarantees from banks other than the Nationalized Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. This bank guarantee shall be valid for a period as stated in Article-24 of General Conditions of The Contract. 35.3 Failure of the successful bidder to comply with the requirements of this article shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security. Definitions: A A.1 “Corrupt Practice” means the offering, giving, receiving or soliciting, directly or indirectly, anything of value to improperly influence the actions in selection process or in contract execution. “Corrupt Practice” also includes any omission for misrepresentation that may mislead or attempt to mislead so that financial or other benefit may be obtained or an obligation avoided. Signature of Bidder: A2 “Fraudulent Practice” means and include any act or omission committed by a agency or with his connivance or by his agent by misrepresenting/ submitting false documents and/ or false information or concealment of facts or to deceive in order to influence a selection process or during execution of contract/ order. A3 “Collusive Practice amongst bidders (prior to or after bid submission)” means a scheme or arrangement designed to establish bid prices at artificial non-competitive levels and to deprive the 38 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS Employer of the benefits of free and open competition. A.4 “Coercive practice” means impairing or harming or threatening to impair or harm directly or indirectly, any agency or its property to influence the improperly actions of an agency, obstruction of any investigation or auditing of a procurement process. A.5 “Vendor/Supplier/Contractor/Consultant/Bidder” is herein after referred as “Agency” A.6 ”Appellate Authority” shall mean Committee of Directors consisting of Director (Finance) and Director (BD) for works centers under Director (Projects). For all other cases committee of Directors shall consist of Director (Finance) & Director (Projects). A.7 “Competent Authority” shall mean the authority, who is competent to take final decision for Suspension of business dealing with an Agency/ ies and Banning of business dealings with Agency/ iesand shall be the “Director” concerned. A.8 “Allied Agency” shall mean all the concerns within the sphere of effective influence of banned/ suspended agencies. In determining this, the following factors may be taken into consideration: (a) (b) (c ) A.9 Signature of Bidder: Whether the management is common; Majority interest in the management is held by the partners or directors of banned/ suspended firm. substantial or majority shares are owned by banned/ suspended agency and by virtue of this it has a controlling voice. “Investigating Agency” shall mean any department or unit of GAIL investigating into the conduct of Agency/ party and shall include the Vigilance Department of the GAIL, Central Bureau of Investigation, State Police or any other agency set up by the Central or state government having power to investigate. 39 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS B Actions against bidder(s) indulging in corrupt /fraudulent/ collusive/ coercive practice B.1 Irregularities noticed during the evaluation of the bids : If it is observed during bidding process/ bids evaluation stage that a bidder has indulged in corrupt/fraudulent /collusive/coercive practice, the bid of such Bidder (s) shall be rejected and its Earnest Money Deposit (EMD) shall be forfeited. Further, such agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order. B.2 Irregularities noticed after award of contract (i) During execution of contract: If an agency, is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, during execution of contract, the agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order. The concerned order (s)/ contract(s) where corrupt/fraudulent/collusive practices is observed, shall be suspended with immediate effect by Engineer-inCharge (EIC)/ Employer whereby the supply/ work/ service and payment etc. will be suspended. The action shall be initiated for putting the agency on banning. After conclusion of process, the order (s)/ contract (s) where it is concluded that such irregularities have been committed shall be terminated and Contract cum Performance Bank Guarantee (CPBG) submitted by agency against such order (s)/ contract (s) shall also be forfeited. The amount that may have become due to the contractor on account of work already Signature of Bidder: 40 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS executed by him shall be payable to the contractor and this amount shall be subject to adjustment against any amounts due from the contractor under the terms of the contract. No risk and cost provision will be enforced in such cases. (ii) After execution of contract and during Defect liability period (DLP)/ Warranty/Guarantee Period: If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after execution of contract and during DLP/ Warranty/Guarantee Period, the agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order. Further, the Contract cum Performance Bank Guarantee (CPBG) submitted by agency against such order (s)/ contract (s) shall be forfeited. (iii) After expiry of Defect liability period (DLP)/ Warranty/Guarantee Period If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after expiry of Defect liability period (DLP)/ Warranty/Guarantee Period, the agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order. B.2.2 Period of Banning Banning period shall be reckoned from the date of banning order and shall be 3 years. In exceptional cases where the act of vendor/ contractor is a threat to the National Security, the banning shall be for indefinite period. C Signature of Bidder: Effect of banning on other ongoing contracts/ 41 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS tenders C.1 If an agency is put on Banning, such agency should not be considered in ongoing tenders/future tenders. C.2 However, if such an agency is already executing other order (s)/ contract (s) where no corrupt/fraudulent/ collusive/coercive practice is found, the agency should be allowed to continue till its completion without any further increase in scope except those incidental to original scope mentioned in the contract. C.3 If an agency is put on the Banning List during tendering and no irregularity is found in the case under process: C.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the agency shall be ignored. C.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency shall not be opened and BG/EMD submitted by the agency shall be returned to the agency. C.3.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the agency shall be ignored & will not be further evaluated. If the agency is put on banning list for fraud/ misappropriation of facts committed in the same tender/other tender where errant agency emerges as the lowest (L1), then such tender shall also be cancelled and re-invited. D. Procedure for Suspension of Bidder D.1 Initiation of Suspension Action for suspension business dealing with any agency/(ies) shall be initiated by Corporate C&P Department when (i) Signature of Bidder: Corporate Vigilance Department based on the fact of the case gathered during investigation by them recommend for specific immediate action against the agency. 42 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS D.2 (ii) Corporate Vigilance Department based on the input from Investigating agency, forward for specific immediate action against the agency. (iii) Non performance of Vendor/Supplier/Contractor/Consultant leading to termination of Contract/ Order. Suspension Procedure: D.2.1 The order of suspension would operate initially for a period not more than six months and is to be communicated to the agency and also to Corporate Vigilance Department. Period of suspension can be extended with the approval of the Competent Authority by one month at a time with a ceiling of six months pending a conclusive decision to put the agency on banning list. D.2.2 The suspension order shall also be hosted on GAIL’s intranet and a copy will be forwarded to all OICs/ HODs by Corporate C&P Department. During the period of suspension, no new business dealing may be held with the agency. D.2.3 Period of suspension shall be accounted for in the final order passed for banning of business with the agency. D.2.4 The decision regarding suspension business dealings should also communicated to the agency. D.2.5 If a prima-facie, case is made out that the agency is guilty on the grounds which can result in banning of business dealings, proposal for issuance of suspension order and show cause notice shall be put up to the Competent Authority. The suspension order and show cause notice must include that (i) the agency is put on suspension list and (ii) why action should not be taken for banning the agency for future business from GAIL. of be The competent authority to approve the Signature of Bidder: 43 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS suspension will be same as that for according approval for banning. D.2.6 The process for putting the agency on suspension list shall be completed within 7 days from the date of receipt of such intimation from Corporate Vigilance Department for cases mentioned at sl. no. (i) and (ii) of clause no. D.1 and within 30 days from the date of recommendation by site committee for cases mentioned at sl. no. (iii) of clause no. D.1. D3 Effect of Suspension of business: Effect of suspension on other on-going/future tenders will be as under: D.3.1 No enquiry/bid/tender shall be entertained from an agency as long as the name of agency appears in the Suspension List. D.3.2 If an agency is put on the Suspension List during tendering: D.3.2.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the agency shall be ignored. D.3.2.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency shall not be opened and BG/EMD submitted by the agency shall be returned to the agency. D.3.2.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the agency shall be ignored & will not be further evaluated. If the agency is put on Suspension list for fraud/ mis-appropriation of facts conducted in the same tender/other tender where errant agency emerges as the lowest (L1), then such tender shall also be cancelled and re-invited. Signature of Bidder: D.3.3 The existing contract (s)/ order (s) under execution shall continue. D.3.4 Tenders invited for procurement of goods, 44 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS works and services shall have provision that the bidder shall submit a undertaking to the effect that (i) neither the bidder themselves nor their allied agency/(ies) are on banning list of GAIL or the Ministry of Petroleum and Natural Gas and (ii) bidder is not banned by any Government department/ Public Sector. F. Appeal against the Decision of the Competent Authority: F.1 The agency may file an appeal against the order of the Competent Authority for putting the agency on banning list. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month from the of receipt of banning order. F.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the party as well as the Competent Authority. F.3 Appeal process may be completed within 45 days of filing of appeal with the Appellate Authority. G. 37. Waiver or transfer of the Agreement 38 39 Integrity Pact AHR items : Wherever there is contradiction with respect to terms of ‘Integrity pact’ , GCC and ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’, the provisions of ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’ shall prevail. 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. NOT APPLICABLE In items rate contract where the quoted rates for the items exceed 50% of the estimated rates, such items will be considered as Abnormally High Rated Items (AHR) and payment of AHR items beyond the SOR stipulated quantities shall be made at the least of the following rates: (I) (II) Signature of Bidder: Rates as per SOR, quoted by the contractor. Rate of the item, which shall be derived as 45 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS follows: 40 41 ROAD PERMIT: PERFORMANCE RATING & EVALUATION: : a) Based on rates of machine and labor as available from the contract (which includes contractor's supervision, profit, overheads and other expenses). b) In case rates are not available in the contract, rates will be calculated based on prevailing market rates of machine, material and labor plus 15 % to cover contractor's supervision profit, overhead & other expenses. Not applicable In case of successful bidder, performance of Contractor/Supplier shall be evaluated with respect to reliability on performance (viz., acceptance of Work Order, timely submission of PBG & Agreement, test certificate & other documents required during billing, attending complaints/ after sales/ services/ response to purchaser’s correspondence etc.) within specified time limit, delivery/completion performance and quality performance (viz., rejection/defects/quantity failed/ deviation to specifications/scope of supply/work etc.). Based on evaluated index of Contractor/ Supplier, GAIL may decide whether the Contractor/ Supplier is to be considered for future tendering /blacklisting/holiday etc. 42 PUBLIC PROCUREMENT POLICY FOR MICRO & SMALL ENTERPRISES Signature of Bidder: Detailed guidelines in this matter are available with purchase officer. If required, bidder(s) may obtain the same against written request. Evaluation of offers of MSME bidders will be done as per clause no. 30.2 of GITB. If, against an order placed by GAIL, successful bidder(s) (other than Micro/Small Enterprise) is procuring material /services from their sub-vendor who is a Micro or Small Enterprise registered with District Industries Centre or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Scale Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises with prior consent in writing of the purchasing authority /Engineer-in-charge, the details like Name, Registration No, Address and 46 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 43 44 SETTLEMENT OF COMMERCIAL DISPUTES BETWEEN PUBLIC SECTOR ENTERPRISE(S) INTER-SE AND PUBLIC SECTOR ENTERPRISE(S) AND GOVERNMENT DEPARTMENT(S) THROUGH PERMANENT MACHINERY OF ARBITRATION (PMA) IN THE DEPARTMENT OF PUBLIC ENTERPRISES COMPLIANCE WITH LABOUR/INDUSTRIAL LAWS: Signature of Bidder: Contact No., details of material & value of procurement made etc. of such Enterprises shall be furnished by the successful bidder at the time of submission of Invoice/Bill. In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitrator under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator. 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 47 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 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, Signature of Bidder: 48 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 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. a)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. b)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. c)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. d)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. e)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. f)The contractor shall indemnify the Company against all losses or damages, if any, caused to it on account Signature of Bidder: 49 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS of acts of the personnel deployed by him. g)The Contractor shall ensure regular and effective supervision and control of the work and give suitable direction for undertaking the contractual obligations. h)The persons so deployed should be on the rolls of the contractor. i)The contractor should have workers compensation’s Policy for the persons so deployed to carry out the job. Signature of Bidder: 50 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS SECTION – III FORMS & FORMATS Signature of Bidder: 51 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS FORMS & FORMATS SR. NO. FORM NO. DESCRIPTION 1. F-1 ACKNOWLEDGEMENT CUM CONSENT LETTER 2. F-2 BIDDER’S GENERAL INFORMATION 3. F-2 (A) 4. F-3 5. F-3 (A) 6. F-4 7. F-5 (A) LETTER OF AUTHORITY 8. F-5 (B) POWER OF ATTORNEY 9. F-6 NO DEVIATION CONFIRMATION 10. F-7 PROFORMA OF BANK GUARANTEE FOR EARNEST MONEY DEPOSIT[EMD]/ BID SECURITY DETAILS OF FINANCIAL CAPABILITY OF THE BIDDER BIDDER'S QUERIES FOR PRE BID MEETING DETAILS OF SIMILAR WORK/JOB/SERVICE DONE DURING PAST SEVEN YEARS BID FORM INSTRUCTIONS FOR FURNISHING BID- GUARANTEE BANK GUARANTEE 11. 12. F-8 PROFORMA OF CONTRACT PERFORMANCE GUARANTEE INSTRUCTIONS FOR FURNISHING CONTRACT PERFORMANCE GUARANTEE 13. 14. F-9 DELETED 15. F-10 AGREED TERMS AND CONDITIONS 16. F-10 (A) 17. F- 11 CHECKLIST INTEGRITY PACT – NOT APPLICABLE NOTE: ABOVE FORMATS/FORMS DULY FILLED-IN ALONG WITH ITS ENCLOSURES MUST BE ESSENTIALLY FURNISHED BY BIDDERS BEFORE/ALONG WITH BID FOR EVALUATION, FAILING WHICH SUCH BID(S) MAY NOT BE CONSIDERED FOR FURTHER EVALUATION. Signature of Bidder: 52 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS ACKNOWLEDGEMENT CUM CONSENT LETTER F-1 (Within 7 days of receipt of bidding document, Bidder shall acknowledge the receipt and confirm their intention to Bid against this tender through e-mail to [email protected] / [email protected] or FAX with duly filled-up this Format. In case of no reply or No Offer, It will consider that bidder is not interested and No Further Tender will be issued in future). Dy. Manager (C&P) / Chief Manager (C&P) GAIL (India) Ltd, 7th Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, Sion (E), Mumbai – 400 022 SUBJECT: TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No. - 8000007811] Dear Sir, We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/work. We undertake that the contents of the above bidding document shall be kept confidential and further that the drawings, specifications and documents shall not be transferred and that the said documents are to be used only for the purpose for which they are intended. A) We intend to bid as requested for the subject item/work and furnish following details with respect to our quoting office: (i) Postal Address : ………………. ………………. (ii) Telephone Number : ……………… (iii) Fax Number : …………….. (iv) Contact Person : …………….. (v) E-mail Address : …………….. (vi) Website : …………….. B) Details of Contact person: (i) Postal Address (ii) Telephone Number (iii) Fax Number (iv) Contact Person (v) E-mail Address (vi) Mobile No.- : : : : : : ………………. ……………… …………….. …………….. …………….. …………….. C) We are unable to bid for the reasons given below and we are returning back the entire set of bidding documents. o o o o o The item/service does not fall in our product/servicing range o Any other reason (please specify) We do not meet BEC (Bid Evaluation Criteria) as specified in tender We cannot meet the technical specifications as specified in tender There is an order overbooking We need some more time for submission of offer and hence request for extension of bid Submission date Agency’s Name Date Seal/Stamp Signature of Bidder: : …………………….. : …………………….. : …………………….. Signature Name Designation : …………………….. : …………………….. :…….……………….. 53 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS BIDDER’S GENERAL INFORMATION F-2 To, Dy. Manager (C&P) / Chief Manager (C&P) GAIL (India) Ltd, 7th Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, Sion (E), Mumbai – 400 022 SUBJECT: TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No. - 8000007811] 1 2 3 4 Bidder Name (WO/Order will be issued in this name): __________________________ Number of Years in Operation: ___________________________________________ Status of Company at the time of incorporation (Prop/Partnership/Pvt Ltd/Ltd etc.) __________________________ Registered Address: ___________________________________________ ___________________________________________ City________________ District ___________ State _______________ PIN/ZIP__________ Phone No. _______________ FAX ____________ Mobile No./Direct No. _____________________ e-mail _____________________ website _____________________ 5 Operation Address (if different from above): ___________________________________________ ___________________________________________ City________________ District ___________ State _______________ PIN/ZIP__________ Phone No. _______________ FAX ____________ Mobile No./Direct No. _____________________ 6 In case of successful bidder, Order will be issued to address mentioned at Sl No. 4 [ 5[ ] above (please tick park in appropriate box). 7 Present Status of Firm/Bidder : Sl No. Type of Firm Yes/ No Name of Owner/ Partners /Director(s) (i) Proprietorship (ii) Partnership (iii) LLP (iv) Private Limited (v) Public Limited (v) (vi) PSU/Govt Dept. Any other Signature of Bidder: ]/ Not Required 54 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 8 Bidder must submit relevant document in support of above viz. Copies of partnership deeds (in case of partnership /LLP firm), Affidavit or self-declaration on letter head (in case of Proprietorship firm), Memorandum and Articles of Association & certificate of Incorporation (in case of Private /Public Limited company) and certification from competent person on their letter head (in case of PSU/Govt. Dept.) etc. Submitted Following document(s): (i) _________________ (ii) _________________ (iii) _________________ 9 ISO Certification, if any (If yes, please furnish details along-with documentary evidence): 10 Details of Executed Order(s) for GAIL 11 Whether registered with MSME (SSI) …Micro/Small/Medium (if Yes, please furnish documentary evidence as per Clause No. 16.9 of ITB) 12 Whether NSIC registered (if Yes, please furnish documentary evidence as per Clause No. 16.9 of ITB) 13 Bank Name and A/c Details _____________________________________ 14 Excise Registration number : _____________________________________ 15 Excise Range : _____________________________________ 16 Excise Division : _____________________________________ 17 Excise Collectorate : _____________________________________ 18 Service Tax Registration No. : _____________________________________ 19 CST/Local ST/VAT No. : _____________________________________ 20 PF Registration No. : _____________________________________ District & State of PF Registration: _____________________________________ PAN No. : _____________________________________ 21 Signature of Bidder: _________________ (PO/Order Reference) 55 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE FOR “DETAILS OF FINANCIAL CAPABILITY OF THE BIDDER” F-2 (A) We have verified the Annual Accounts and other relevant records M/s……………………………… (Name of the bidder) and certify the following. A. of ANNUAL TURNOVER OF LAST 03 FINANCIAL YEARS: Year Amount (Currency) Year 1: Year 2: Year 3: B. FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR: Description Year _____________ Amount (Currency) 1. Current Assets 2. Current Liabilities 3. Working Capital (Current Assets-Current liabilities) 4. Net Worth (Paid up share capital and Free Reserves & Surplus) Name of Audit Firm: Chartered Accountant Date: Seal: [Signature of Authorized Signatory] Name: Designation: 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 3. For the purpose of this Tender document, (i) Annual Turnover shall be “Sale value/ Operating Income” (ii) to do so would result in the Proposal being considered as non-responsive. Working Capital shall be “Current Assets less Current liabilities” and (iii) Net Worth shall be “Paid up share capital and Free Reserves & Surplus”. Signature of Bidder: 56 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS BIDDER'S QUERIES FOR PRE BID BIDDER'S QUERIES FOR PRE BID MEETING F-3 To, Dy. Manager (C&P) / Chief Manager (C&P) GAIL (India) Ltd, 7th Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, Sion (E), Mumbai – 400 022 SUBJECT: TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No. - 8000007811] SL. NO. REFERENCE OF BIDDING DOCUMENT Subject Page Clause SEC. NO. No. No. BIDDER'S QUERY GAIL'S REPLY NOTE: THE PRE-BID QUERIES MAY BE SENT BY FAX TO FAX NUMBERS 91-11-26185941 EXT. 2434# OR BY E-MAIL TO [email protected] OR [email protected] OR [email protected] BEFORE DUE DATE FOR RECEIPT OF BIDDER'S QUERIES. SIGNATURE OF BIDDER: ___________________________ NAME OF BIDDER ___________________________ Signature of Bidder: : 57 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS DETAILS OF SIMILAR WORK/JOB/SERVICE DONE DURING PAST SEVEN YEARS F-3 (A) To, Dy. Manager (C&P) / Chief Manager (C&P) GAIL (India) Ltd, 7th Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, Sion (E), Mumbai – 400 022 SUBJECT: TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No. - 8000007811] Sl. No Descrip tion of the Services LOA/ PO/W O No. and date (1) (2) (3) Full Postal Address of Client. Name, designation and address of Engineer/ Officer-inCharge (5) Value of Date of Contract/ Commenc Order e-ment of (Specify works/job/ Currency services Amount) (6) (7) SIGNATURE OF BIDDER: ___________________________ NAME OF BIDDER ___________________________ Signature of Bidder: : Scheduled Date of Reasons Completio Actual for n Time Completio delay in n executio n, if any (8) (9) (10) 58 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS BID FORM To, Dy. Manager (C&P) / Chief Manager (C&P) GAIL (India) Ltd, 7th Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, Sion (E), Mumbai – 400 022 SUBJECT: F-4 TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No. - 8000007811] Dear Sir, After examining/reviewing the Bidding Documents for --------------------including technical specifications, drawings, General and Special Purchase Conditions, Special Conditions of Contract & Scope of Work and schedule of rates etc. the receipt of which is hereby duly acknowledged, we, the undersigned, pleased to offer to execute the whole of the Job of …………… , the said Bid Documents, including Addenda Nos. ____________. We confirm that this bid is valid for a period of Three (03) months from the date of opening of Techno-Commercial Bid, and it shall remain binding upon us and may be accepted by any time before the expiration of that period. If our bid is accepted, we will provide the performance guarantee as per provision of bid document for the due performance with in thirty days of such award, as per requirement of tender document. Until a final Purchase Order/Agreement is prepared, the bid together with your written acceptance thereof in your notification of award shall constitute a binding Agreement between us. We understand that Bid Document is not exhaustive and any action and activity not mentioned in Bid Documents but may be inferred to be included to meet the intend of the Bid Documents shall be deemed to be mentioned in Bid Documents unless otherwise specifically excluded and we confirm to perform for fulfillment of Agreement and completeness of the Work in all respects within the time frame and agreed price. We understand that you are not bound to accept the lowest priced or any bid that you may receive. SEAL AND SIGNATURE DATE: Signature of Bidder: 59 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS LETTER OF AUTHORITY F-5 [A] PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING BID OPENING AND SUBSEQUENT NEGOTIATIONS/CONFERENCES Bidder Ref: Date: To, Dy. Manager (C&P) / Chief Manager (C&P) GAIL (India) Ltd, 7th Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, Sion (E), Mumbai – 400 022 SUBJECT: TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No. - 8000007811] Dear Sir, I/We, _____________________________________ hereby authorize the following representative(s) for attending any 'Negotiations' / 'Meetings [Pre-Bid Meeting]', 'Un-priced Bid Opening', 'Price Bid Opening' and for any subsequent correspondence / communication against the above Bidding Documents: [1] [2] Name & Designation : ________________________________________ Signature : ________________________________________ Phone/Cell : ________________________________________ Fax : ________________________________________ E-mail : ……………………….. @ ……………………………. Name & Designation : ________________________________________ Signature : ________________________________________ Phone/Cell : ________________________________________ Fax : ________________________________________ E-mail : ……………………….. @ ……………………………. We confirm that we shall be bound by all commitments made by aforementioned authorised representative(s). Yours faithfully, Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal: Note: This "Letter of Authority" should be on the "letterhead" of the Firm / Bidder and should be signed by a person competent and having the 'Power of Attorney' to bind the Bidder. Not more than 'two [02] persons per Bidder' are permitted to attend "Techno-commercial / Un-priced" & "Price Bid" Openings. Signature of Bidder: 60 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS POWER OF ATTORNEY F-5 [B] (TO BE SUBMITTED ON THE LETTER-HEAD OF COMPANY) To, Dy. Manager (C&P) / Chief Manager (C&P) GAIL (India) Ltd, 7th Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, Sion (E), Mumbai – 400 022 SUBJECT: TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No. - 8000007811] “The undersigned ____________________(Name of LEGAL PERSON with designation i.e. CEO/C&MD/Director/Company Secretary/any other authorized person) is lawfully authorized to represent and act on behalf of the company M/s _______________________ (Name of bidder) whose registered address is _____________________ and does hereby appoint Mr./Ms __________________ (name of authorized person signing the bid document) _______________________ (Designation) of M/s _______________________________ (Name of bidder) whose signature appears below to be the true and lawful attorney/(s) and authorize him/her to sign the bid (both digitally and manually), conduct negotiation, sign contracts and execute all the necessary matter related thereto, in the name and on behalf of the company in connection with the tender no. __________________________________ for supply of _______________________________. The signature of the authorized person/(s) herein constitutes unconditional obligations of M/s _______________________ (Name of bidder). This Power of Attorney shall remain valid and in full force and effect before we withdrawal it in writing (by fax, or mail or post). All the documents signed (within the period of validity of the Power of Attorney) by the authorized person herein shall not be invalid because of such withdrawal. SIGNATURE OF THE LEGAL PERSON _____________________________ (Name of person with Company seal) SIGNATURE OF THE AUTHORIZED PERSON/(S) WHO WILL SIGN BID _____________________________ (Name of person) E-mail id: ………………………… Signature of Bidder: 61 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS NO DEVIATION CONFIRMATION Bidder Ref: F-6 Date: Dy. Manager (C&P) / Chief Manager (C&P) GAIL (India) Ltd, 7th Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, Sion (E), Mumbai – 400 022 SUBJECT: TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No. - 8000007811] Dear Sir, We understand that any deviation/exception in any form may result in rejection of bid. We, therefore, certify that we have not taken any exceptions/deviations anywhere in the bid against subject tender and we agree that if any deviation/exception is mentioned or noticed, our bid may be rejected. (SEAL AND SIGNATURE OF BIDDER) Signature of Bidder: 62 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT/ BID SECURITY F-7 (To be stamped in accordance with the Stamp Act) Ref............... Bank Guarantee No......... Date...................... To GAIL (INDIA) LIMITED 7th Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, SION (E) Mumbai – 400 022 Dear Sir(s), In accordance with Letter Inviting Tender under your reference No___________ M/s.______________________________ having their Registered / Head Office at _________________________(hereinafter called the Tenderer) wish to participate in the said tender for _________________________________________________________________ As an irrevocable Bank Guarantee against Earnest Money for the amount of ______________ is required to be submitted by the Tenderer as a condition precedent for participation in the said tender which amount is liable to be forfeited on the happening of any contingencies mentioned in the Tender Document. We, the ____________________________________ Bank at_____________________________ having our Head Office ________________________________________________________ (Local Address) guarantee and undertake to pay immediately on demand without any recourse to the tenderers by GAIL (India) Ltd., the amount________________ ____________________ without any reservation, protest, demur and recourse. Any such demand made by GAIL, shall be conclusive and binding on us irrespective of any dispute or difference raised by the Tenderer. This guarantee shall be irrevocable and shall remain valid upto ____________ [this date should be 2 months beyond validity of bid]. If any further extension of this guarantee is required, the same shall be extended to such required period on receiving instructions from M/s.__________________________________________________________________________ whose behalf this guarantee is issued. In witness whereof the Bank, through its authorised officer, has set its hand and stamp on this ___________day of ____________20 __at____________. WITNESS: (SIGNATURE) (NAME) (SIGNATURE) (NAME) Designation with Bank Stamp (OFFICIAL ADDRESS) Attorney as per Power of Attorney No.________ Date:________________________ Signature of Bidder: 63 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS INSTRUCTIONS FOR FURNISHING BID-GUARANTEE BANK GUARANTEE 1. The Bank Guarantee by bidders will be given on non-judicial stamp paper as per stamp duty applicable. The non-judicial stamp paper should be in the name of the issuing bank. In case of foreign bank, the said banks guarantee to be issued by its correspondent bank in India on requisite non-judicial stamp paper. 2. The expiry date as mentioned in bid document should be arrived at by adding 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, then a letter to Employer confirming its net worth is more than Rs. 1,000,000,000/- (Rupees one hundred crore) or equivalent in foreign currency along with a documentary evidence. Signature of Bidder: 64 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS CONTRACT-CUM-EQUIPMENT PERFORMANCE BANK GUARANTEE F-8 (PERFORMANCE SECURITY) – UNCONDITIONAL (ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE) Bank Guarantee No.: Date: To GAIL (INDIA) LIMITED 7th Floor, ‘B’ Wing, Priyadarshini Building, Eastern Express Highway, SION (E) Mumbai – 400 022 M/s ____________________________________________________________ have been awarded the work of ________________________________________________________ for GAIL ( INDIA) LTD. , MUMBAI, INDIA. The Contracts conditions provide that the SELLER shall pay a sum of Rs._____________ (Rupees as full Performance Guarantee in the form therein mentioned. The form of payment of Performance Guarantee includes guarantee executed by Nationalised Bank, undertaking full responsibility to indemnify GAIL (INDIA) LTD. , in case of default. The said_______________________________________________ has approached us and at their request and in consideration of the premises we having our office at ______________________________ have agreed to give such guarantee as hereinafter mentioned. 1. We ______________________________________________________________ hereby undertake and agree with you that if default shall be made by M/s__________________________________ in performing any of the terms and conditions of the tender or in payment of any money payable to GAIL ( INDIA) LTD. we shall on demand pay without any recourse to the contractor to you in such manner as you may direct the said amount of Rupees _____________________________ only or such portion thereof not exceeding the said sum as you may from time to time require. 2. You will have the full liberty without reference to us and without affecting this guarantee, postpone for any time or from time to time the exercise of any of the powers and rights conferred on you under the contract with the said _____________________________________ and to enforce or to forbear from endorsing any powers or rights or by reason of time being given to the said __________________________ which under law relating to the sureties would but for provision have the effect of releasing us. 3. Your right to recover the said sum of Rs.____________________________________ (Rupees_______________________________________) from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s.___________________________ and/or that any dispute or disputes are pending before any officer, tribunal or court. 4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up dissolution or changes of constitution or insolvency of the said but shall in all respects and for all purposes be binding and operative until payment of all money due to you in respect of such liabilities is paid. Signature of Bidder: 65 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 5. This guarantee shall be irrevocable and shall remain valid upto______________ If any further extension of this guarantee is required, the same shall be extended to such required period on receiving instruction from M/s.___________________________________________________ on whose behalf this guarantee is issued. 6. The Bank Guarantee’s payment of an amount is payable on demand and in any case within 48 hours of the presentation of the letter of invocation of Bank Guarantee. Should the banker fail to release payment on demand, a penal interest of 18% per annum shall become payable immediately and any dispute arsing out of or in relation to the said Bank Guarantee shall be subject to the jurisdiction of Delhi Courts. 7. We have power to issue this guarantee in your favour under Memorandum and Articles of Association and the undersigned has full power to do under the Power of Attorney dated ___________ granted to him by the Bank. Yours faithfully, ___________________________Bank By its Constituted Attorney (Signature of a person duly authorised to sign on behalf of the Bank.) INSTRUCTIONS FOR FURNISHING PERFORMANCE GUARANTEE 1. The Bank Guarantee by successful bidder(s) will be given on non-judicial stamp paper as per stamp duty applicable. The non-judicial stamp paper should be in name of the issuing bank. In case of foreign bank, the said bank guarantee to be issued by its correspondent bank in India on requisite non-judicial stamp paper and place of bid to be considered as Delhi. 2. The bank guarantee by bidders will be given from bank as specified in ITB. 3. A letter from the issuing bank of the requisite Bank Guarantee confirming that said bank guarantee and all future communication relating to the Bank Guarantee shall be forwarded to Employer. 4. If a bank guarantee is issued by a commercial bank, then a letter to Purchaser and copy to Consultant confirming its net worth is more than Rs. 1,000,000,000/- (Rupees one hundred crore). or its equivalent in foreign currency along with a documentary evidence. Signature of Bidder: 66 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS F-9 DELETED Signature of Bidder: 67 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS AGREED TERMS AND CONDITIONS Sl. 1 2 3 4 5 6 7 8 9 10 11 12 DESCRIPTION F-10 BIDDER'S CONFIRMATION / ACCEPTANCE Confirm that you have uploaded / submitted “Price Schedule” format with rates blanked-out (i.e. price schedule format without the prices/rates but mentioned Quoted / Not Quoted in all Yes [ relevant boxes / fields) for the entire scope of work as specified in the tender document & its amendment / corrigendum (if any). As per tender & nature of services applicable rate of Service Tax Yes [ including Cess thereon is 12.36% for this tender. In case the rate of service tax quoted is different from rate indicated at (2) above, then kindly mention quoted rate of Service Tax as per clause no. 13 of ITB, Annexure – II, Section – II of tender). Confirm passing of CENVAT benefit to GAIL equal to the quoted Yes [ Service Tax at clause no. 2 above. ] / No [ ] ] / No [ ] ] / No [ ] PF REGISTRATION NO.: We confirm that the indicated PF account is under operation and _________________________ shall be used for all PF related activities for the labour engaged by us for the work / service (awarded to us). DISTRICT & STATE _________________________ If presently not covered, then confirm that PF details (including supporting certificate / documents) will be provided before start of work. Confirm that quoted prices include Works Contract Tax (If applicable). WCT (if applicable) at source will be deducted as per statutory provisions and TDS certificate will be issued for the same by Owner. Confirm acceptance. Printed terms and conditions, if any, appearing in quotation, shall not be applicable in the event of order. In case of contradiction between the confirmations given above and terms & conditions mentioned elsewhere in the offer, the confirmation given/confirmed herein above shall prevail. Confirm acceptance to the Terms & Conditions of tender document and its Corrigendum/Amendment in totality. Confirm that the contents of the Tender Document have not been modified or altered by Bidder. In case, it is found that the tender document has been modified / altered by the bidder, the bid submitted shall be liable for rejection at any stage. Confirm that all Documents submitted in the bid, confirmations and information provided in the bid by bidder are true and genuine. In case, it is found that the document are forged, not genuine and any information as provided in bid is incorrect, the bid submitted shall be liable for rejection at any stage. Apart from that GAIL may put name of such bidder on holiday/blacklist as per its prevailing policy. Yes [ ] / No [ ] Yes [ ] / No [ ] Yes [ ] / No [ ] Yes [ ] / No [ ] Yes [ ] / No [ ] Yes [ ] / No [ ] Confirm that none of Bidder’s Directors is a relative of any Director of Owner or the bidder is a firm in which none of Director Yes [ of Owner or his relative is a partner. ] / No [ ] Signature of Bidder: 68 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS Sl. 13 14 DESCRIPTION BIDDER'S CONFIRMATION / ACCEPTANCE Confirm that you have not been banned or de-listed or Blacklisted or put on Holiday list by any Government or Quasi-Government agencies or Public Sector Undertakings/PMCs of GAIL. If you Yes [ have been banned or de-listed by any of above, please mention details of the same. Confirm that bidder is not under any 'liquidation', any 'court receivership' or similar proceedings and 'bankruptcy'. If same is Yes [ noticed/ found in future, the Bid submitted may be rejected / terminated at any stage. DISCLAIMER: ] / No [ ] ] / No [ ] Yes [ ] / No [ ] Yes [ ] / No [ ] Yes [ ] / No [ ] Yes [ ] / No [ ] Yes [ ] / No [ ] Before submission of bid, bidders should ensure that bidding document is complete in all respects. In the event that the bidding document or any part thereof is mutilated or missing, the bidder shall notify Purchase Officer immediately. 15 16 17 18 19 20 In the event such written notice is not received at the aforementioned office within seven (7) days from the date of issue of the bidding document to the bidder, the bidding documents received/downloaded by the bidder shall be deemed to be complete in all respects. No extension of time shall be granted under any circumstances to any bidder for submission of its bid on the grounds that the bidder did not obtain a complete set of the bidding document. GAIL makes no representation or warranty, express or implied, as to the accuracy, correctness and completeness of the information contained in the bidding documents. Confirm that “In case Service Tax department brings to the notice of GAIL that a Contractor has not paid to the credit of the Government the Service Tax collected from GAIL, then suitable penal action against the Contractor will be initiated which will include putting the contractor on holiday list”. Confirm compliance of MSE clause(s) as per clause no. 30.3 of ITB, Annexure – II, Section - II). If bidder is a MSE bidder than confirm that bidder has furnished documentary evidence inline with clause no. 30 of ITB of tender. Mentioned name of Person authorized for digital signature (it should commensurate with information provided in Power of Attorney). Confirm that No Deviation has been taken to the Clauses mentioned under Rejection Criteria (refer Clause No. 19.2 of ITB). E-Mail ID of contact person & 25 Contact information: Mobile Number: Landline Number: Signature of Bidder: 69 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS CHECKLIST Sl. DESCRIPTION F-10 [A] BIDDER'S CONFIRMATION/ ACCEPTANCE A B 1 2 Tender Fee Details – not applicable EMD/Bid Security Details EMD Amount B.G./D.D. No. & Date 3 Bank’s Name & Branch Address 5 Validity of B.G./D.D. Date on which Original EMD submitted to GAIL (if sent by Courier / Speed Post, Please mentioned POD with Courier Company Name & Tracking No.) BID EVALUATION CRITERIA (BEC) List of Documents submitted against Technical Criteria Confirm that you have submitted documents (viz. single work order of value as mentioned in Technical BEC along with its execution / completion certificate duly mentioning details like Yes [ ] / No [ ] reference no. of the work order, actual date of completion of job and executed value etc. as per requirement of BEC). Confirm documents submitted towards Technical BEC at above are certified / attested by Chartered Engineer and notary public Yes [ ] / No [ ] with Legible Stamp. List of Documents submitted against Financial Criteria Confirm you have submitted copy of audited annual financial statements (i.e. Balance Sheets Profit & Loss Account) for last Yes [ ] / No [ ] three preceding financial years are duly certified / attested by notary public with legible stamp. Confirm that you have submitted format 2–A (i.e. “Details Financial Capability of Bidder”) is duly signed / certified an Yes [ ] / No [ ] stamped by Chartered Accountant. SUBMISSION OF FOLLOWING ESSENTIAL ORIGINAL DOCUMENTS, REFER CL NO. 12 OF IFB [WITHIN 7 DAYS FROM TENDER OPENING] Copy of Tender Fee – not applicable Yes [ ] / No [ ] Original EMD/Bid Security Yes [ ] / No [ ] Original Power of Attorney (in format F 5B) Yes [ ] / No [ ] Original Integrity Pact (on plain paper, Format- F11) – not Yes [ ] / No [ ] applicable SUBMISSION OF FOLLOWING ESSENTIAL DOCUMENTS IN “PART-I : UN-PRICED BID”: Bid Covering letter Yes [ ] / No [ ] Uploaded form F6 duly filled Yes [ ] / No [ ] Uploaded form F11 duly filled (Integrity Pact) – not applicable Yes [ ] / No [ ] 6 C 1 1.1 1.2 2 2.1 2.2 D 1 2 3 4 E 1 2 3 Signature of Bidder: 70 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS INTEGRITY PACT Signature of Bidder: 71 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS F-11 INTEGRITY PACT NOT APPLICABLE Signature of Bidder: 72 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS SECTION – IV PERFORMANCE EVALUATION Signature of Bidder: 73 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 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. Signature of Bidder: 74 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS GAIL (India) Limited Annexure - 1 PERFORMANCE RATING DATA SHEET : (i) Location (ii) Order/Contract No. & Date Brief description of Items Works/Assignment : : Order/Contract value (Rs.) : : (v) Name of Vendor / Contractor / Consultant Contracted delivery / Completion Schedule : (vi) Actual delivery/ Completion date : (vii) (iii) (iv) PERFORMANCE PARAMETER Maximum Marks Marks Allocated (*) DELIVERY / QUALITY RELIABILITY COMPLETION TOTAL PERFORMANCE PERFORMANCE PERFORMANCE 40 40 20 100 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) 60 & below 61-75 76-90 MORE THAN 90 RATING POOR FAIR GOOD VERY GOOD SIGNATURE OF AUTHORISED SIGNATORY WITH NAME & DESIGNATION Signature of Bidder: 75 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS INSTRUCTIONS FOR ALLOCATION OF MARKS Marks are to be allocated as under: 1.1 DELIVERY/COMPLETION PERFORMANCE : 40 MARKS DELIVERY PERIOD / COMPLETION SCHEDULE a) Up to 3 months b) Above 3 months DELAY IN WEEKS MARKS 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 40 35 30 25 20 15 0 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 40 35 30 25 20 15 10 0 1.2 QUALITY PERFORMANCE : 40 MARKS For Normal Cases: No Defects/No Deviation/No failure: 40 marks i) Rejection/Defects Marks to be allocated on prorata basis for acceptable quantity as compared to total quantity for normal cases ii) When quality failure endangers the Failure of severe nature system integration and safety of the - Moderate nature system. - low severe nature iii) Number of deviations 1. No. deviation 2. No. of deviations <=2 10 Marks 0 marks 5 marks 10-25 marks 5 Marks 2 marks 0 marks 3. No. of deviations >2 1.3 RELIABILITY PERFORMANCE : 20 MARKS A. FOR WORKS / CONTRACTS i) Submission of order acceptance, agreement, PBG, Drawings and other documents within time Signature of Bidder: 4 marks 76 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 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 4 marks 4 marks 4 marks 4 marks B. 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 Signature of Bidder: 5 marks 5 marks 5 marks 5 marks 77 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS SECTION – V SPECIAL CONDITIONS OF CONTRACT & SCOPE OF WORK TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS Signature of Bidder: 78 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 1. SCOPE OF WORK NAME OF WORK: CALIBRATION OF TURBINE FLOW METERS GAIL (India) Limited, Maharashtra is supplying natural gas to medium/ large scale industries in the state of Maharashtra through pressure reduction and metering skids / stations installed in the premises of individual consumers. Turbine flow meters of different sizes and types are being used for custody transfer metering purpose in these pressure reducing and metering stations. Meters are of make Instromet, RMG, Actaris, i-Meter & Rocwkin etc. Accuracy of the meters is (+/-) 0.5% from 0.2 Qmax to Qmax. Meters have LF, HF-2 and/or HF-3 pulse sensors, output of which are transmitted to Flow computers for calculation of gas flow rate. For meters which are having both HF2 and HF3 pulse sensors, calibration of both is required. For meters which are having HF2/HR3 and LF sensors, only the HF2/HF3 pulse need to be calibrated. For meters which do not have HF2/HF3 pusles, LF sensor needs to be calibrated. Approximate number of meters that need calibration is indicated in SoR. However this quantity is indicative only and an increase/ decrease of the quantity may be expected during the execution of the contract. The scope of work includes the following: 1. To calibrate the meter in the specified range of each meter as per the technical recommendations given in the forthcoming sheets. 2. To provide calibration certificate for each meter. The minimum data to be included in the calibration certificate is given in the technical recommendations. 3. Copy of the Traceability certificate of the master meter and/or prover system used for calibration of a specific meter should be submitted to GAIL along with its calibration certificate. Detailed scope of work covering the calibration requirements, preliminary checks required, recommended prover systems and special conditions of contract is given below: Signature of Bidder: 79 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 2. TECHNICAL RECOMMENDATIONS 1. CALIBRATION: 1. Since the meters under calibration are used for measuring natural gas flow hence it is preferable that the meters to be calibrated with natural gas with relative density with respect to air as 0.66 at operating pressure (which shall be specified by GAIL). 2. If calibration with natural gas at operating pressure is not possible then the meters can also be calibrated with air. However the correction for variation in density is to be incorporated in the calibration data. 3. For each & every meter under calibration, calibration factor “K” (pulse per SCM) is to be defined. 4. Also for each meters, calibration curves as a function of the actual line flow for the media of calibration is to be supplied. 2. CHECKS BEFORE CALIBRATION: Following checks are to be conducted before calibrating each meter: (A) VISUAL INSPECTION: The rotor should be inspected for missing blades, accumulation of solids, erosion, or other damages that would affect the rotor balance and the blade configuration. Meter internals should also be checked to insure there is no accumulation of debris, particularly in flow passage ways, drains breather holes and lubrication system. (B) SPIN TIME TEST: The spin time tests for each meter under calibration are to be conducted as per the procedure laid in section 9 of AGA Report No. 7. THE BIDDER MAY USE ANY ONE OF THE FOLLOWING METHODS FOR CALIBRATING THE METERS WHICH ARE SUGGESTED BY AMERICAN GAS ASSOCIATION (AGA) IN ITS REPORT NO. 7 1. 2. 3. 4. 5. BELL PROVER WEIGH TANK PROVER TRANSFER PROVER (MASTER METER PROVER) CRITICAL – FLOW – ORIFICE PROVER AND SONIC-NOZZLE PROVER IN-LINE ORIFICE METERS Irrespective of the calibration method that shall be used by bidder, their calibration reference should have best measurement capability of at least +/- 0.25%. Vendor to submit NABL accreditation scope of the facility in proof of this. Signature of Bidder: 80 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS 3. SPECIAL CONDITIONS OF CONTRACT 3.1 Intimation for requirement of calibration will be given to the contractor by GAIL in advance. Simultaneously GAIL will arrange to bring the flow meters to the calibration facility of the vendor at its own cost. As the date of calibration of each meter comes in different months of the year, meters will be brought separately as and when they fall due for calibration. 3.2 The contractor has to confirm the availability of possible dates on which the calibration can be carried out. The possible dates should not in any case exceed 30 days from the date of intimation for requirement of calibration by GAIL. 3.3 All preliminary inspection as per technical recommendations given in scope of work is to be carried out by the agency. In case if the meter fails in spin test or any other abnormalities are found during preliminary inspection the same is to be recorded and intimated to GAIL by the agency and further testing must be conducted only on instruction by GAIL. The spin time of each meter brought for calibration must be recorded and submitted to GAIL. 3.4 For meters that passes the spin test and other preliminary checks, calibration must be performed using any of the methods as per the technical recommendations given in Scope of Work. 3.5 In normal case, GAIL’s authorized representative will witness the calibration for each meter. In case GAIL representative is unable to witness the calibration on stipulated date due to some inconveniences and the calibration can be performed as per schedule in his absence, the same will be intimated to the contractor in advance. 3.6 In exceptional cases, GAIL’s consumer’s representative may also witness the calibration. This shall be with prior intimation to the calibration laboratory. 3.7 Once the calibration is completed, the meters/ pulse sensors are to be sealed properly using lab’s logo and sticker/ stamp to be put in the meter body indicating the date of calibration etc. 3.8 After completion of work, the contractor must keep the meter packed and ready for dispatch. The calibrated meters will either be carried back by GAIL in person or the vendor can send back to GAIL by courier on “TO PAY” basis. 3.9 Calibration report with the following information to be submitted by vendor for each meter. - The error at Qv min. and at the following flow ranges 10%, 25%, and at Qv max 50%, 75%,of Qv Max - The name and location of the calibration faculty. Signature of Bidder: 81 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS - The estimated uncertainty of the method. - The nature and condition (Pressure and Temperature) of the test gas. - Serial Number and brief specifications of Meter Under Test - Serial Number of the Master meter/ Prover used. - K factor of the Meter Under Test 3.10 Payment shall be made to the contractor after the completion of calibration through F&A Dept., GAIL Mumbai within 15 days of receipt of invoice and calibration report ONLY through e-payment. 3.11 The NABL accreditation of laboratory must be valid throughout the period of contract. In case if NABL does not renew the accreditation given to laboratory after its present validity or terminates the accreditation in between the validity at any moment of time during the tenure of the contract, GAIL shall have all rights to terminate the contract. 4. CONTRACT PERIOD: The contract shall be valid for an initial period of 02 years from the date of issue of the work order. 5. TIME SCHEDULE: Calibration of meters that pass preliminary inspection and spin test should be done within 15 days of receipt of meter at vendor’s works. For delay in calibration from this schedule, Rs. 500.00 per day shall be deducted from the calibration charges. This shall not apply to meter that fail preliminary inspection and spin test. ***** Signature of Bidder: 82 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS SECTION – VI GENERAL CONDITIONS OF CONTRACT (GCC – WORKS) [Note: GCC-Works is uploaded in appropriate section under link/path “Public => GCC/GPC”. The same being essential part of tender document, bidder must download and read the same before submission of their bid with it’s total compliance.] Signature of Bidder: 83 Tender Document No : GAIL/MU/C&P/O&M/14/C065 [E-Tender Bid Invitation No.- 8000007811] Tender for : TWO YEAR RATE CONTRACT FOR CALIBRATION OF TURBINE FLOW METERS SECTION – VII SCHEDULE OF RATES [Note: Schedule of Rates in MS Excel to be downloaded from e-tender portal under “Step 3: See Notes and Attachments Attachments/SOR”]. **** Signature of Bidder: 84
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