GAIL (India) Limited (A Govt. of India Undertaking) A Maharatana Company NOIDA, INDIA

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1 GAIL (India) Limited (A Govt. of India Undertaking) A Maharatana Company NOIDA, INDIA SPURLINES OF JAGDISHPUR-PHULPUR-HALDIA PIPELINE PROJECT (PHASE-IA) BID DOCUMENT FOR TOPOGRAPHIC, GEO TECHNICAL SURVEY AND HYDROLOGICAL SURVEY OF PLOTS AND WATER BODIES DOMESTIC COMPETITIVE BIDDING Bid Document No.: 05/51/23QY/GAIL/001A-i) E-Tender no VOLUME I OF I PREPARED AND ISSUED BY MECON LIMITED (A Govt. of India Undertaking) Delhi, India 1 of 234

2 Bid Document No. 05/51/23QY/GAIL/001A-i) SL. NO. PART A 1. INVITATION FOR BID (IFB) MASTER INDEX VOLUME I DESCRIPTION 2. ACKNOWLEDGEMENT CUM CONSENT LETTER PART B 2.1 INSTRUCTION TO BIDDERS (ITB) 2.2 ADDENDUM TO ITB FOR E-PROCUREMENT 2.3 READY RECKONER FOR E-PROCUREMENT INSTRUCTIONS TO BIDDER (ITB) 2.4 FORMS & FORMAT PART C 3. GENERAL CONDITIONS OF CONTRACT (GCC) 3.1 CONTRACT AGREEMENT PART D 4. SPECIAL CONDITIONS OF CONTRACT (SCC) 4.1 ANNEXURE TO- SCC PART E 5. TECHNICAL SPECIFICATION & SCOPE OF WORK PART F 6. SCHEDULE OF RATES 2 of 234

3 INVITATION FOR BID ( IFB)- LIMITED DOMESCTIC COMPETITIVE BIDDING BASIS FOR TOPOGRAPHIC, GEO TECHNICAL SURVEY AND HYDROLOGICAL SURVEY OF PLOTS AND WATER BODIES FOR SPURLINES OF JAGDISHPUR-PHULPUR-HALDIA PIPELINE PROJECT (PHASE-IA) Bid Document No. 05/51/23QY/GAIL/001A-i) Date : INTRODUCTION: 1.1 M/s GAIL (India) Limited, a public sector under Petroleum ministry, is spearheading the move to a new era of clean fuel industrialization, creating a quadrilateral of green energy corridors that connect major consumption centre in India with major Gas Field, LNG terminals and other cross border gas sourcing points.. In view of this, M/s GAIL is planning to lay a pipeline for transportation of natural gas from Haldia to Jagdishpur along with various spur pipelines, Spurlines envisaged in this tender are: a.) Dobhi to Patna TOP--- (24 NB x Kms) b.) Patna TOP to HFC Barauni (24 NB x Kms) & HFC Barauni to PP Barauni ( 12 NB x 8 Kms) c.) Patna TOP to Patna CGS ( 12 NB x Kms) M/s MECON Ltd has been engaged by M/s GAIL(India) Limited to carry out Design, Engineering, procurement, inspection & Project Management Consultancy Services required for laying of above mentioned Spur Pipelines along with associated facilities. 2.0 SCOPE OF WORK : The complete work has been divided into three Spreads and the salient features of various Spreads of the pipeline are as under: S.No. SCOPE Diameter/ Km LOCATION 1 PART-A 2 PART-B 3 PART-C Spread-A (24 x Kms) Spread-B (24 x Kms) Spread-C (12 x Kms) Pipeline from dispatch terminal at Dobhi, SV-1, SV-2 & SV-3 to Receiving terminal at Patna TOP. Pipeline from Patna TOP, SV-1, SV-2, SV-3 & SV-4 to Receiving terminal at HFC Barauni. Pipeline from Patna TOP, SV-1, SV-2 & SV-3 to Receiving terminal at Patna CGS 3.0 SALIENT FEATURES OF BIDDING DOCUMENT 3.1 Type of Enquiry 3.2 Bid Document No E-tendering on Domestic Competitive Bidding basis.( E-Tender no ) 05/51/23QY/GAIL/001A-i) (E-Tender No ) (To be referred in all future correspondence) 3.3 Bid Document Fees (Non Refundable) Not Applicable 3 of 234

4 3.4 Bid Document on Website From Site Visit Not Applicable 3.6 Date and Time of Pre-Bid Meeting Venue At 1130 hrs.(ist) on DGM I/c (Contracts, Mktg & MAS &E) MECON Limited, Delhi India Date and time for submission of bid Date and time of opening of Un-priced Bids at MECON, Delhi Office. Upto 1400 hrs. (IST) on At 1500 hrs. (IST) on Note : If the particular day is happened to be a declared holiday in MECON/GAIL, Delhi, the next working day shall be considered. The qualification criteria alongwith information has been web hosted. The entire tender document has been web hosted at ; ; and websites for the view / participation of the eligible bidders. Bidders meeting the bid evaluation criteria and intend to submit their bid may download the tender for submission by the bid due date and time. Bidders shall give an undertaking on his letter head that the content of the bidding document have not been altered or modified. Bidders desirous to submit their bid have to submit Bids on GAIL s E-Tendering website ( Bidders shall submit UN-PRICED Bid in Collaboration Folders of e-tendering system and Price Bid in SRM as attachment. We have enclosed Schedule of Rates Formats as an excel attachment in Bid Document. Bidders are requested to download the same and quote their prices strictly as per the format without altering the content of it. The bid will be submitted in two parts as follows: PART-I (UN-PRICED Bid) To be submitted on Collaboration Folders of e-tendering system. Unpriced bid must be complete with all technical details along with all other required documents including price schedule WITH PRICE BLANKED OUT,., duly filled in and signed with seal. Documents as mentioned under Clause 13.3 below shall also be submitted in physical form. The documents to be submitted in respective sub-folders available in e-tendering portal. PART-II (PRICED Bid) To be submitted as an SRM attachment. Price bid should contain only the prices, without any condition whatsoever. Bids complete in all respects should be submitted on or before last date and time of Bid submission. The Bids submitted on line in GAIL s E-tendering system will only be considered for evaluation. Physical Bids sent through Fax/ /Courier/Post will not be accepted. 4.0 BID EVALUATION CRITERIA: 4.1 Technical 4 of 234

5 2.1.1 The Bidder should have Completed Topographic Survey work for a minimum area of One hectares for setting up a terminal, station or an industrial unit in last seven years reckoned from bid due date Undertaken soil investigation by drilling of 10 m deep exploratory bore holes, and Conducting field and Laboratory tests in last seven years reckoned from bid due date Completed Hydro-graphical and Hydrological survey of rivers / water bodies and Collected Historical data for Rivers / water bodies from Statutory authorities along with conducting Geotechnical Investigation inside the River bed by drilling up to 20 m deep Boreholes inside the river and prepared reports as specified in the tender. 4.2 FINANCIAL CRITERIA Annual turnover Net Worth The minimum Annual Turnover of the Bidder as per their audited financial results in any one of the three preceding financial years shall be Rs lakhs Net worth of the Bidder shall be positive as per the last audited financial year Working Capital The minimum working capital of the Bidder as per the last audited financial year shall be Rs lakhs. Note: i) If the bidder s working capital is inadequate, the bidder should supplement this with a letter from the Bidder s bank (as per Format F-3B) having net worth not less than Rs 100Crore, confirming the availability of the line of credit for at least for the working capital requirement as stated above For the bidders whose financial year is calendar year, for such bidders the audited financial results for year 2011, 2012 and 2013 shall be applicable in lieu of , and DOCUMENTS REQUIRED Sr. No. Criteria 4.1 Documents Required-Technical Criteria Required Documents 1 Documents in support of clause Documents Required-Financial Criteria a. Copy of Purchase order/work Order along with the Bill of Quantity. b. Inspection release note/completion certificate/ commissioning report linked with PO No. c. In case of variance in name or address of the bidder as compared to PO, substantive documentary evidence Annual Turn-over Bidder(s) shall submit (upload in e-tender portal of GAIL) copy of Audited Annual Financial Statement [Balance Sheet and Profit & Loss Account Statement] of any of the three (3) preceding Financial Year(s), along with un-price bid. 5 of 234

6 4.2.2 Net Worth Bidder(s) shall submit (upload in e-tender portal of GAIL) copy of Audited Annual Financial Statement [Balance Sheet and Profit & Loss Account Statement] of last Financial Year, along with un-price bid Working Capital Bidder(s) shall submit (upload in e-tender portal of GAIL) copy of Audited Annual Financial Statement [Balance Sheet and Profit & Loss Account Statement] for the last audited Financial Year, along with un-price bid. If the bidder s working capital is inadequate, the bidder should supplement this with a letter from the Bidder s bank (as per Format F-3B) having net worth not less than Rs 100Crore, confirming the availability of the line of credit for at least for the working capital requirement as stated above. 5.1 All documents in support of Technical criteria of bid evaluation criteria (BEC-Technical,3.1) to be furnished by the bidders shall be necessarily be: (a) Indian Bidder Duly certified / attested by Chartered Engineer and notary public with legible stamp 5.2 In support of Financial criteria of Bid Evaluation criteria (BEC-Financial, 3.2) bidder is required to submit following: (a) Indian Bidder Shall submit Details of Financial capability of bidder in prescribed format [Format - 3A] duly signed & stamped by a chartered accountant. Further, a copy of Audited Annual Financial Statements submitted in bid shall be duly certified / attested by notary public with legible stamp. In absence of requisite documents, GAIL reserves the right to reject the bid without making any reference to the bidder. 6.0 Bid Security Description Complete Scope of Work Bid Security Requirement ( in Rupees) 2.40 lakhs 7.0 PRE-BID MEETING 7.1 The bidders or their authorized representatives are requested to attend the Pre-Bid Meeting so that their queries, if any related to the Bid Document and Scope of Work can be addressed during the meeting. Pre-bid Meeting shall be held at place and time as mentioned above at 3.6. A session may also be arranged for bidders to demonstrate the e-tendering system to facilitate bidders to submit the Bid Online. 7.2 The bidders are requested to send clarifications, if any, by courier or by fax or by to reach MECON at least two days before the pre-bid meeting. The clarifications shall be provided during the pre-bid meeting. 7.3 Non attendance of the pre-bid meeting shall not be a cause of disqualification of the bidder. 8.0 ZERO DEVIATION 6 of 234

7 This is a ZERO Deviation Bidding Process. Bidder is to ensure compliance of all provisions of the Bidding Document and submit their bid accordingly. Bids with any deviation to the bid conditions shall be liable for rejection. 9.0 GENERAL 9.1 Bidder can download the Bid Document from MECON s website ; GAIL s website and GAIL s e-tendering website ( and Govt. website However, bidders have to submit their bids only through e-tendering website of GAIL i.e. Only salient details of the bid document shall be on GAIL s website as the same is information only. For detailed bid document bidder shall refer GAIL s e-tender website. Corrigenda/Addenda, if any, shall also be available on the referred web sites. Further, bidder shall give an undertaking on their letter head that the contents of the bidding document have not been altered or modified. 9.2 No extension in the bid due date/time shall be considered on account of delay in receipt of any document by mail. 9.3 The following documents in addition to up-loading the bid on GAIL s e-tender portal shall also submitted in Original (in physical) form: i) EMD/ Bid Bond ii) Power of Attorney iii) Integrity Pact duly filled in Bidder s name, name of item and signed by per person holding Power of Attorney and also signed by both the witness. However, bidder must upload the scanned copy of all the above documents mentioned in sl no (i) to (iii) along with their original bid. The bidder has an option to submit the Demand Draft towards tender fee(if applicable), Bid Security, Power of Attorney & Integrity Pact in physical form within 7 (seven) days reckoned from bid due date provided scanned copies of the above documents have been submitted as per e-bid on or before the bid due date and time. Tender Fee(if applicable) & EMD not received in physical form within 7 days from the date of un-priced bid opening, the bid will be rejected notwithstanding the fact that a copy of Tender Fee(if applicable) & EMD was earlier uploaded in the e-tender portal by bidder. 9.4 NSIC/PSU/MSME a) The firms registered with NSIC (under its single point registration scheme) will be exempted from the bid document fee. The Government Department / PSUs will also be exempted from the payment of bid document fee. However, Industries registered with NSIC shall provide necessary documentary evidence, whereas PSUs shall submit declaration to this effect that they are PSU and are eligible for getting bid documents free of cost. b) Firm registered with NSIC are exempted from furnishing Bid Security subject to their enclosing with their bid a copy of latest and current registration certificate. Further PSU are also exempted from furnishing Bid Security. c) Small Scale Industries registered with the NSIC under its single point registration scheme, shall be exempted from submission of bid security subject to their enclosing with their bid a copy of latest and current registration certificate. d) The bidders are required to confirm whether the enterprise is a Micro/ Small/ Medium enterprises along with documents from the appropriate authority. Accordingly bidder to furnish the confirmation as per format attached along with documents from appropriate authority. 7 of 234

8 9.5 GAIL/MECON will not be responsible or liable for cost incurred in preparation & delivery of bids, regardless of the conduct or outcome of the bidding process 9.6 Bid document is non-transferable. 9.7 Bids received after stipulated last date and time, due to any reasons what-so-ever, including postal delays, will not be considered. 9.8 GAIL/MECON will follow purchase preference policies as per prevailing guidelines of Government of India. 9.9 Bidder should not be under liquidation, court receivership or similar proceedings Bids sent through Fax / / Computer floppy shall not be accepted GAIL/MECON reserves the right to reject any or all the bids received at its discretion without assigning any reason whatsoever Bidder shall send duly filled in Acknowledgement Cum Consent letter through return fax or latest by within 7 days of date of issue to contact person as mentioned at sl. No beloe Bidder shall send duly filled in Acknowledgement Cum Consent letter through return fax or latest by within 7 days of date of issue to contact person as mentioned below. This Invitation of Bids (IFB) is an integral and inseparable part of the Bid Document. Yours faithfully For & on behalf of GAIL (India) Limited (Dr. P K Sharma) DGM (Contracts) MECON Limited 15 th Floor, SCOPE Minar, North Tower Laxmi Nagar, Distrcit Center, Delhi Telephone: / Fax: / cont-delhi@meconlimited.co.in 8 of 234

9 ACKNOWLEDGEMENT CUM CONSENT LETTER (On receipt of tender document/ information regarding the tender, bidder shall acknowledge the receipt and confirm his intention to bid or reasons for non-participation against the enquiry/ tender through e- mail/ fax to concerned executive in MECON issued the tender, by filling up the format) To, DGM (Contracts) MECON Limited Fax.: Sub.: Tender No... dated for ( Name of Item/ Job) Dear Sir, We hereby acknowledge receipt of a complete set of bidding document alongwith enclosures for subject item/ job and / or the information regarding the subject tender. - We intend to bid as requested for the subject item/ job and furnish following details with respect to our quoting office:- Postal Address with Pin Code :.. Telephone Number :. Fax Number :. Contact Person :. Address :. Mobile No. :. Date :. Seal / Stamp :. - We are unable to bid for the reasons given below:- Reasons for non submission of bid Agency Name :. Signature :. Name :. Designation :. Date :. Seal / Stamp :. Note : Bidder shall send duly filled in Acknowledgement Cum Consent letter through return fax or latest by within 7 days of date of issue to DGM ( Contracts), MECON, Delhi. 9 of 234

10 CUT OUT SLIP DO NOT OPEN - THIS IS A QUOTATION (Original Bid Security, Tender fee(if applicable), Power of Attorney & Integrity Pact) Owner : GAIL (INDIA) LIMITED Project : SPURLINES OF JAGDISHPUR-PHULPUR-HALDIA PIPELINE PROJECT (PHASE-IA) Bid Document No. : 05/51/23QY/GAIL/001A(i) (E-Tender No ) Item : TOPOGRAPHIC, GEO TECHNICAL SURVEY AND HYDROLOGICAL SURVEY OF PLOTS AND WATER BODIES Due Date& Time : Upto 1400 Hrs. (IST) on From : To : The Deputy General Manager (Contracts) MECON LIMITED 15TH FLOOR, NORTH TOWER, SCOPE MINAR, LAXMI NAGAR DISTRICT CENTRE DELHI Ph No.: / Fax No.: / cont-delhi@meconlimited.co.in (To be pasted on the physical envelope containing Original Bid Security, Tender fee(if applicable), Power of Attorney & Integrity Pact) (Part III) 10 of 234

11 PART - B 2.1. INSTRUCTION TO BIDDERS (ITB) 2.2. ADDENDUM TO INSTRUCTIONS TO BIDDERS 2.3. READY RECKONER FOR E-TENDERING 11 of 234

12 SECTION II 1.0 INSTRUCTIONS TO BIDDERS (ITB) 12 of 234

13 SECTION II INDEX 1. SCOPE OF BID: 2. ELIGIBLE BIDDERS: 3. ONE BID PER BIDDER 4. COST OF BIDDING 5. SITE VISIT 6. CONTENT OF BIDDING DOCUMENT 7. CLARIFICATION ON BID DOCUMENTS 8. AMENDMENT OF BID DOCUMENTS 9. LANGUAGE OF BID 10. BIDS FROM CONSORTIUM 11. DOCUMENTS COMPRISING THE BID 12. BID PRICES 13. BID CURRENCY: 14. PERIOD OF VALIDITY OF BIDS 15. BID SECURITY 16. PRE-BID MEETING 17. FORMAT AND SIGNING OF BID 18. ZERO DEVIATION: 19. E-PAYMENTS 20. AGENTS/CONSULTANTS/REPRESENTATIVES/RETAINERS/ASSOCIATES 21. SEALING AND MARKING OF BIDS 22. DEADLINE FOR SUBMISSION OF BID 23. LATE BIDS / UNSOLICITED BIDS / BID SUBMISSION AT OTHER PLACE 24. MODIFICATION AND WITHDRAWAL OF BIDS 25. BID OPENING 26. PROCESS TO BE CONFIDENTIAL 27. CONTACTING THE OWNER/CONSULTANT 28. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS 29. PRICE BID OPENING 30. ARITHMETIC CORRECTIONS 31. CONVERSION TO SINGLE CURRENCY 32. EVALUATION AND COMPARISON OF BIDS 33. AWARD OF WORK. 34. OWNER/CONSULTANT S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY BID 35. NOTIFICATION OF AWARD 36. CONTRACT AGREEMENT 37. PERFORMANCE GUARANTEE 38. PROCEDURE FOR ACTION IN CASE OF CORRUPT / FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES 39. WAIVER OR TRANSFER OF THE AGREEMENT 40. ORDER OF PRESIDENCE 41. UNSOLICITED POST TENDER MODIFICATIONS 42. CENVAT CREDIT 43. EXPORT CREDIT AGEMCY FINANCING 44. INTEGRITY PACT 45 PRICE REDUCTION SCHEDULE 46 READY RECKONERS FOR E-TENDERING 47. SUBMISSION OF FALSE / FORGED DOCUMENTS 48. EMPLOYMENT VISA FOR FOREIGN NATIONALS 49 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES 50. DEFAULT IN PAYMENT OF SERVICE TAX BY CONTRACTOR 51. REASON FOR REJECTIONS OF BIDS 52. CORPORATE / NON- CORPORATE ENTITY 13 of 234

14 INSTRUCTIONS TO BIDDERS (ITB) A. GENERAL 1.0 SCOPE OF BID: 1.1. The Purchaser/Owner/GAIL/ Owner s representative as defined in the General Conditions of Contract-Works, hereinafter the Owner wishes to receive bids as described in the Bidding Documents SCOPE OF WORK: The scope of work shall be as defined in the bidding document The successful bidder will be expected to complete the Scope of Bid within the period stated in Special Conditions of Contract Throughout this bidding documents, the term bid and tender and their derivatives ( bidder/tenderer, Bid/tendered/tender, bidding/tendering, etc.) are synonymous, and day means calendar day. Singular also means plural. 2. ELIGIBLE BIDDERS: 2.1 Bidder shall, as part of their bid, submit a written Power of Attorney authorizing the signatory of the Bid to commit the bidder. Digital signature (i) (ii) In case of Proprietorship/Partnership- Both Class III Digital Signatures issued to authorized individuals on their KYC basis and Class IIIB Digital Signatures issued to authorized individuals with their organization KYC basis are acceptable. In case of Firm/ Company- Only Class IIIB 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. 2.2 Pursuant to qualification criteria specified in Invitation for Bids (IFB) the bidder shall furnish all necessary supporting documentary evidence to establish the bidder s claim of meeting qualification criteria. 2.3 The bidder shall furnish, as part of his bid, documents establishing the bidder s eligibility to bid and his qualifications to perform the Contract if his bid is accepted. 2.4 The invitation of bid is open to any bidder. 2.5 A bidder shall not be affiliated with a firm or entity (i) (ii) that has provided consulting services related-to the Works to the Owner 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 Owner as Engineer/ Consultant for the contract. 2.6 The bidder shall not be under a declaration of ineligibility by Owner/Consultant for corrupt or fraudulent practices as defined in ITB clause no of 234

15 2.7 The bidder is not put on holiday/ banned by GAIL or Project Management Consultant (PMC) of GAIL or banned by any Government Department/ Public Sector on due date of submission of bid. If the documents were issued inadvertently / downloaded from website, offers submitted by such bidders shall not be considered for opening / evaluation / award. 2.8 While evaluating the bids, pursuant to Bid Evaluation Criteria (BEC) as specified in the Notice of Invitation for Bids (IFB), bidder s past performance shall also be assessed for ascertaining the responsiveness of the bid. In such a case, the decision of the Owner / Consultant shall be final and binding on the bidder. 2.9 A job executed by a bidder for its own plant/ projects cannot be considered as experience for the purpose of meeting requirement 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) duly certified by statutory auditor of the bidder towards payments of statutory tax in support of the job executed for Subsidiary / Fellow subsidiary /Holding company. Such bidders to submit these documents in addition to the documents specified in the bidding documents to meet BEC Consortium bids are not acceptable Experience acquired by a bidder as a Sub-contractor shall not be considered for qualification of Bidder Eligibility Criteria (BEC). 3. ONE BID PER BIDDER 3.1. A bidder shall submit only one bid in the same bidding process. A Bidder who submits or participates in more than one bid will cause all the proposals in which the bidder has participated to be disqualified. 3.2 Alternative bids are not acceptable. 4. COST OF BIDDING 4.1. The bidder shall bear all costs associated with the preparation and submission of the bid, and Owner/Consultant, will in no case be responsible or liable for this cost, regardless of the conduct or outcome of the bidding process. 4A Tender document will be sold on receipt of application along with requisite tender fee. No tender document will, however, be sold/issued to the bidder who are on Holiday by GAIL or Public sector Project management Consultant (like EIL, MECON etc. only due to poor performance or corrupt and fraudulent practices ) or banned by Government department/public sector on due date of submission of bid. If the document were issued inadvertently/downloaded from website, offers submitted by such bidder shall not be considered for opening/evaluation/award and will be returned immediately to such bidder. The above is without prejudice to the other rights of GAIL. 5. SITE VISIT 5.1. The bidder is advised to visit and examine the site of works/ Pipeline route and its surroundings and obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the Contract. The cost of visiting the site shall be at Bidder's own expenses. Claims and objections due to ignorance of existing 15 of 234

16 conditions will not be considered after submission of the bid and during implementation The bidder and any of his personnel or agents will be granted permission by the Owner/Consultant to enter upon his premises and lands for the purpose of such inspection, but only upon the explicit condition that the Bidder, his personnel or agents will release and indemnify the Owner/Consultant and his personnel and agents from and against all liability in respect thereof and will be responsible for personnel injury (whether fatal or otherwise), loss of or damage to property and any other loss, damage, cost and expenses incurred as a result hereof. Owner/Consultant shall provide necessary assistance, if required, to the bidder(s) for the purpose of site visit. B. BIDDING DOCUMENTS 6. CONTENT OF BIDDING DOCUMENT 6.1 The bid documents hosted on GAIL and MECON Websites are as stated below and should be read in conjunction with any addenda issued/hosted in accordance with clause 8 of ITB: Volume I of I: Technical & Commercial 6.2. The bidder is expected to examine IFB, e-bidding guidelines on GAIL website, all instructions, form/formats, terms, specifications and drawings etc., enclosed in the bid documents. The invitation for bid (IFB) together with all its attachment thereto, shall be considered to be read, understood and accepted by the bidder. Failure to furnish all information required by the Bid 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 the Bid. 7. CLARIFICATION ON BID DOCUMENTS 7.1. A prospective bidder requiring any information or clarification of the Bidding Documents, may notify the Employer/Consultant in writing by /fax at Consultant s mailing address indicated in the Bid Document. MECON will respond in writing to any request for clarification of the bidding documents, which it receives at least 03 (three) days before scheduled date of pre-bid meeting. Written copies of GAIL/MECON response (including an explanation of the query but without identifying the source of the query) will be hosted on the GAIL websites website and Govt. website before bid due date. 8. AMENDMENT OF BID DOCUMENTS 8.1. At any time prior to the deadline for submission of bids, the Owner/Consultant may, for any reason, whether on its own requirement or in response to a clarification requested by prospective bidders, modify the bidding documents by issuing addenda Any addendum/corrigendum/clarifications thus issued shall be part of the Bidding Documents pursuant to ITB clause 6.1 and shall be hosted on the websites as mentioned in clause 7.1 above before the bid due date. All the prospective bidders who have attended the pre bid meeting/submitted Bid document fee till date shall be informed by /fax about the addendum/corrigendum/clarifications to bidder s query for their reference. Bidders desirous to submit its bid have to take into consideration of all the addendum(s) / corrigendum (s) / clarifications issued/ web hosted, before submitting the bid.. 16 of 234

17 8.3. The Owner/Consultant may, at its discretion, extend the date of submission of bids in order to allow the bidders a reasonable time to furnish their most competitive bid taking into account the amendments issued. 9. LANGUAGE OF BID C. PREPARATION OF BIDS 9.1. The bid prepared by the bidder, all correspondence/drawings and documents relating to the bid exchanged by the bidder with the Owner/Consultant shall be in English Language alone provided that any printed literature furnished by the bidder may be written in another language so long as accompanied by an English translation, in which case, for the purpose of interpretation of the bid, the English translation shall govern In the event of submission of any document/ certificate by the Bidder in a language other than English, the English translation of the same duly authenticated by Chamber of Commerce of bidder s country shall be submitted by the bidder along with the bid. 10. VOID 11. DOCUMENTS COMPRISING THE BID The e-bid prepared by the bidder shall comprise the following: Part I : E-Envelope- Techno-Commercial Un-Price Bid (PART-I) Techno-commercial/Un-priced bid and shall contain the following:- i. Covering letter. ii. Bidder s General Details/information as per Format F-1 along with Annexure-I to F-1 iii. iv. Power of Attorney in favour of person (s) signing the bid that such person (s) is/are authorised to sign the bid on behalf of the bidder and any consequence resulting due to such signing shall be binding on the bidder. Bid Form as per Format F-2. v. Documents as required in F-3, Certificate from Chartered Accountant for Financial Capability of Bidder (F-3A) and Letter from Bank for Working Capital (F-3B). vi. vii. viii. Copy of SOR (Schedule of Rates) with prices blanked out mentioning Quoted / Not Quoted against each item. Bid security/emd in accordance with Clause 15 of ITB as per Format F-4. Letter of authority in favour of any one or two of Bidder s executives having authority to attend the un-priced and priced bid opening as per Format F-5 ix. Confirmation of no deviation as per Format F-6 x. Certificate as per Format F-7 for confirming the Government of India is not part of Agreement. 17 of 234

18 xi. Details of similar work done during past seven years as per Format F-8 xii. Duly signed and stamped Format F-9A & Format F-9B pertaining to Performa for bank Guarantee for Contract Performance Guarantee & mobilization Advance. xiii.. PF registration Details as per Format F-10 xiv. Checklist as per Format F-11 xv. Integrity Pact as per Format F-12 xvi. xvii. Details of Construction Equipment required. (List provided in Annexure of SCC) as per Format F-13 Details of proposed organization along with CVs of key personnel for home and site offices as per Format F-14 ( in line with manpower listed in Annexure of SCC) xviii. Detailed execution philosophy of work as per Format F-15 xix. Declaration as per Format F-16 xx. Undertaking as per Format F-17 xxi. Undertaking for Corporate / Non-Corporate Entity as per format F-18 xxii. Format for Completion Certificate F-19 -duly signed & stamped as a token of acceptance of format xxiii. Details MSMED as per format F-20 xxiv. Format for No Claim Certificate as per format F-21 xxv. PF, Service Tax & ESI Registration certificate. xxvi. Scanned copy of the Demand Draft / Bankers cheque as an evidence for cost of bidding document(if applicable) xxvii. Documents establishing the Qualification pursuant to clause of IFB. xxviii. Any other information / details required as per Bidding Document. xxix. QA / QC Manuals xxx. Health Safety and Environment (HSE) Policy & manuals. xxxi. List of Consultants / sub contractors, is any, and Memorandum of Understanding ( MOU) defining their involvement and responsibility in this work. xxxii. Copies of documents defining constitution or legal status, place of registration and principal place of business of the company. Note : All pages of the bid to be e-signed by authorized person of the Bidder E-Envelope Part II: Price Bid Bidder shall download the Schedule of Rates which is uploaded on website as an excel attachment. Bidder shall submit Schedule of Rates duly filled in and e-signed strictly as per format without altering the content of it. The duly filled Schedule of Rates shall be uploaded by bidder on web site as per e-tendering procedure Envelope Part III: Documents to be submitted in originals Part-III shall contain original Bid Security / EMD, Tender Fees(if applicable), Power of Attorney & Integrity pact in sealed envelopes and shall be submitted to DGM (Contracts), MECON Limited, 15 th Floor, Scope Minar, District centre, Laxmi Nagar, Delhi in physical form by bid due date & time as defined in bid document The bidder has an option to submit all above document in physical form within 7 (seven) days reckoned from the bid due date provided scanned copies of the above documents 18 of 234

19 12. BID PRICES have been submitted as part of e-bid on or bid due date and time. In case, EMD/Bid security & tender fee ( if applicable) are not received in physical form within 7 days from the date of unpriced bid opening, the bid will be rejected irrespective of their status/ranking in tender and not withstanding the fact that a copy of EMD & tender fee (if applicable) were earlier uploaded by the bidder The bidder shall e-quote bid prices on the appropriate format for Schedule of Rates enclosed as part of bidding document The bidder shall e-quote the prices for items in the Schedule of Rates after careful analysis of cost involved for the performance of complete work considering all parts of the bidding documents. In case, any activity though specifically not covered but is required to complete the work as per scope of work, scope of supply, specifications, standards, drawings, GCC, SCC or any other part of bidding document, the prices quoted shall deemed to be inclusive of cost incurred for such activity Unless stated otherwise in the bidding documents, the Contract shall be for the total works as described in Bidding Document for the specified Sections (as specified in the IFB) for which bidder intends to quote based on the prices in Schedule of Rates submitted by the bidder and accepted by the Owner/Consultant. Bid for part scope of work of quoted sections shall be rejected Prices must be filled in format for `Schedule of Rates' enclosed as part of bidding document. If quoted in separate typed sheets and any variation in item description, unit or quantity is noticed, the bid is liable to be rejected All duties and taxes including Excise duty, Sales Tax, VAT, Entry tax, Custom duty, CVD, additional CVD, Works Contract tax, Turnover Tax and other levies or any other statutory payment payable by the Contractor under the Contract, or for any other cause, shall be included in the Schedule of Rates SERVICE TAX The bidder shall indicate the amount of Service 14% on Net Total amount in Price Schedule and shall be reimbursed based on submission of documentary evidence. Bidder shall deposit service tax to the authorities & shall raise Cenvatable bills so that GAIL can claim the Cenvat benefit as per rule Service Tax shall be reimbursed to Contractor at actual against submission of cenvatable invoice issued in accordance with service tax rule along with the copy of service tax deposit challan to enable Owner to claim cenvat credit of service tax paid. In case of any variation in the executed quantities, the amount on which service tax is applicable shall be modified in same proportion Prices quoted by the bidder, shall remain firm and fixed and valid until completion of the Contract. The quoted price is inclusive of all taxes, duties, levies etc except service tax. The statutory variation only in service tax shall be as per clause no of SCC Bidder may note that Owner/Consultant will not issue any concessional form for Central Sales Tax (CST) / Local Sales Tax (LST) The Bidder shall quote the prices both in figures as well as in words. There should not be any discrepancies between the price indicated in figures and the price indicated in words. 19 of 234

20 Alternative bids shall not be considered Discount, if any, must indicate in the column provided in Schedule of Rates only. Conditional discount, if offered, shall not be considered for evaluation If any new taxes and/ or duties come into force from Central/State Government Authority after bid due date and extension, thereof but within contractual completion period, the same will be reimbursed to bidder against documentary evidence, after ascertaining its applicability. However, in case of delay in completion, if any, new taxes and/ or duties come into force from Central/State Government Authority after contractual completion period; the same shall be to seller s account Bidders are advised to ensure timely submission of correct invoice(s) with all required supporting document(s) within a period specified in Contract / LOA to enable GAIL to avail CENVAT Credit. If CENVAT credit with respect to excise duty or service tax is not available to GAIL for any reasons which is not attributable to GAIL, then GAIL shall not be obligated or liable to pay or reimburse excise duty or service tax charges in the invoice(s) and shall be entitled to / deduct /setoff/recover the such service tax or excise duty (if applicable) together with all penalties and interest if any, against any amounts paid or payable by GAIL to bidder. In case of supplied / input materials the excise invoice shall be in the name of GAIL (India) Ltd., and shall also bear GAIL s CST no. enabling GAIL to avail cenvat credit against Excise Duty. Where GAIL has the obligation to discharge service tax liability under reverse charge mechanism and GAIL has paid or is/liable to pay service tax to the Government on which interest or penalties becomes payable as per Point of Taxation Rules, 2011 for any reasons which is not attributable to GAIL or CENVAT credit with respect to such payments is not available to GAIL for any reasons which is not attributable to GAIL, then GAIL shall be entitled to deduct/setoff/recover such amounts against any amount paid or payable by GAIL to bidder The quoted rates shall be inclusive of all taxes and duties applicable during the contract period except for Service Tax & Cess thereon and contractor shall not be eligible for any compensation on this account till the completion of the contract. Service tax & Cess thereon shall be paid extra as applicable as per amended provisions of Service Tax Act and Rules w.e.f. 01st July, The rate of Service Tax for this contract shall be the rate prevailing at the time of bidding as on bid due date. If the Bidder is falling under the exempted category, the bidder is requested to confirm the same by way of letter duly signed and notarized as per Format BID CURRENCY: Bidders shall submit bid in Indian Rupees and receive payment in Indian Rupees Void Void Currency once quoted will not be allowed to be changed. Employer shall not be compensating for any exchange rate fluctuation. 20 of 234

21 14. PERIOD OF VALIDITY OF BIDS The bid shall remain valid for acceptance for three (3) months from the bid due date. A bid valid for a shorter period shall be rejected being non-responsive In exceptional circumstances, prior to expiry of the original bid validity period, the Owner/ Consultant may request that the bidder extend the period of validity for a specified additional period. The requests and the responses thereto shall be made in writing (by e- mail/fax/post). A bidder may refuse the request without forfeiture of its bid security. A bidder agreeing to the request will not be required or permitted to modify his bid, but will be required to extend the validity of its bid security for the period of the extension and in accordance with ITB clause 15 in all respects. 15. BID SECURITY The bidder shall furnish, as part of its Bid, a Bid Security in the amount specified in the IFB The bid security is required to protect the Owner against the risk of bidder s conduct which would warrant the bid security s forfeiture, pursuant to ITB clause Deleted 15.4 The bid security in Indian Rupees shall be in the form of Demand Draft/ Banker s Cheque in favour of GAIL (India) Ltd., payable at Noida or in the form of an irrevocable Bank Guarantee in favour of GAIL (India) Ltd. as per format enclosed at F-4 (issued by Indian Nationalised /Scheduled bank or a branch of an International Bank situated in India and registered with Reserve Bank of India as Schedule Foreign Bank. GAIL shall not be liable to pay any bank charges, commission or interest on the amount of bid security. However, in case of Bank Guarantee from banks other than the Nationalized Indian bank, 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 letter head The bid security shall be valid for two (02) months beyond the validity of the bid as specified in Clause 14 of ITB i.e. 5 (five) months beyond deadline for bid submission Any bid not secured in accordance with ITB clause 15.1 and 15.4 shall be rejected by GAIL as non-responsive Unsuccessful bidder s bid security will be discharged / returned, as promptly as possible but not later than 30 days after the expiration of period of bid validity prescribed by OWNER pursuant to ITB clause The successful bidder s bid security will be discharged upon the bidder s accepting the order, pursuant to ITB clause 35 and furnishing the Contract Performance Guarantee pursuant to ITB clause The bid security may be forfeited: a) If a bidder withdraws its bid during the period of Bid validity. 21 of 234

22 b) In case of a successful bidder, if the bidder fails: i) to accept the award in accordance with clause 35 of ITB or ii) to accept the arithmetic corrections pursuant to clause 30 of ITB and/or iii) in case of a successful Bidder, if the Bidder fails, within the specified period a) to sign the Contract and b) to furnish the performance guarantee in accordance with Clause 37 of ITB. iv) and any other provision specially mentioned in tender Bid security should be in favour of GAIL (India) Limited, Noida. Bid security must indicate the bid document and the work for which the bidder is quoting. This is essential to have proper co-relation at a later date. The bid security shall be in the form of irrevocable Bank guarantee shall be in the Format F-4, provided in the bidding document a) Firms registered with NSIC are exempted from furnishing Bid Security, subject to their enclosing with their bid a copy of latest and current registration certificate. Further PSU are also exempted from submitting bid security. b) Small Scale Industries registered with NSIC under its Single Point Registration Scheme, shall be exempted from submission of bid security subject to their enclosing with their bid a copy of latest and current registration certificate Micro & Small Enterprises (MSEs) are exempted from submission of Bid Security as per provisions of PUBLIC PROCUREMENT POLICY for MSEs 16. PRE-BID MEETING The bidder (s) or his designated representative, who have downloaded the bid document and have confirmed their intention to bid are invited to attend a pre-bid meeting which will take place as per venue given in IFB The purpose of meeting will be to clarify issues related to tender on any matter that may be raised at that stage. Session will also be arranged for bidders to demonstrate the e- Tendering system to facilitate bidders to submit the Bid Online The bidder is requested, requiring any clarification of the Bidding Document may notify GAIL / MECON in writing or by fax / / post at MECON mailing address indicated in the Invitation for Bids. It may not be practicable at the meeting to answer queries received late, but queries and responses/clarifications will be transmitted in accordance with the following sub-clause MECON will respond in writing to any request for clarification of the Bidding Document, which it receives at least 03 (three) working days before the Pre-Bid Meeting date. Written copies of GAIL/MECON response ( including an explanation of the query but without identifying the source of the query) will be hosted on the websites as mentioned in clause 7.1 above before the bid due date Any addendum/corrigendum/ clarification to the bidders query thus issued shall be part of the bidding documents pursuant to ITB clause 6.1 and shall also be hosted on the website as defined in clause no. 7.1, above and will be informed to bidders as per clause 8.2 above. 22 of 234

23 16.4 Non-attendance of the pre-bid meeting will not be a cause for disqualification of the bidder. 17. FORMAT AND SIGNING OF BID The bidder shall submit e-bid as per Addendum I to ITB on GAIL s e-tender website: ( as per guidelines given therein The e-bid shall be signed by the person or persons duly authorised to sign on behalf of the bidder. The name and position held by each person signing must be stated below the signature. All pages of the bid except any catalogues / literatures shall be signed and sealed by the person or persons signing the bid The bid shall contain no alterations, omissions or additions, unless such corrections are initialled by the person or persons signing the bid. 18. ZERO DEVIATION: 18.1 Bidder to note that this is a Zero deviation bidding document. Owner/Consultant will appreciate submission of offer based on the terms and conditions in the enclosed General Condition of Contract (GCC-Works), Special Condition of Contract (SCC), Instruction to Bidders (ITB), Scope of Work, and Technical Specification etc. to avoid wastage of time and money in seeking clarifications on technical/ commercial aspect of the offer. Bids with any deviation to the bid conditions shall be liable for rejection Not withstanding to the above, bids with the following deviation(s) to the bid conditions shall be summarily rejected without any post bid reference to the bidder: Firm prices Earnest money deposit (EMD) / Bid bond Scope of supply/ work Specifications Price schedule Delivery / Completion Schedule Period of validity of bid Price Reduction Schedule (PRS) Performance Bank Guarantee (PBG) / Security Deposit Guarantee of Material / Works Arbitration / Resolution of dispute Force Majeure Applicable laws EPF registration in case of Domestic Bidder Integrity Pact Any other condition specifically mentioned in the tender documents elsewhere that noncompliance of the clause lead to rejection of the bid. 19. E-PAYMENTS GAIL (India) Limited has initiated payments to suppliers and Contractors electronically and to facilitate the payments electronically, the bidder should submit his account details in enclosed format to facilitate payments through e-banking / RTGS / NEFT mode. 20. AGENTS/CONSULTANTS/REPRESENTATIVES/RETAI NERS/ASSOCIATES 20.1 Not applicable 23 of 234

24 SUBMISSION OF BIDS 21. SEALING AND MARKING OF BIDS 21.1 E-Bid shall be submitted in the following manner in separate e-envelopes duly super scribed as below: Part-I Techno-commercial / un-priced bid Part-II -Priced Bid Part-III Documents to be submitted in originals E-bids for Part I and part II must be received online by GAIL through their e-tendering website by due date Part III, Envelopes containing the original documents required to be submitted by the bidder in hard must be received by MECON Ltd., as per due date and time specified in bid document Envelopes containing original / physical form of bid ( Part III) shall have bid document number and shall be addressed to : DGM ( Contracts ) MECON Limited 15 th Floor, Scope Minor, District Centre, Laxmi nagar Delhi Attn.: Dr. P K Sharma Each envelope shall indicate name and address of the bidder to enable the bid to be returned unopened, if required. The bidder has an option to submit hard copies of documents as per clause no above. Tender Fee (if applicable) & EMD not received in physical form within 7 days from the date of unpriced bid opening, the bid will be rejected notwithstanding the fact that a copy of Tender Fee(if applicable) & EMD was earlier uploaded in the e-tender portal by bidder If the envelope is not sealed and marked as above, the Owner / Consultant will assume no responsibility for the misplacement or premature opening of the bid. 22. DEADLINE FOR SUBMISSION OF BID The Bid must be submitted online by the bidder in GAIL s e-tender portal no later than the time and date as specified in IFB. The Physical documents as specified against. S. No.13.3 of IFB and S. No of ITB must be received by the MECON at the address as specified in clause 21.4, not later than the time and period as given in clause of 9.7 of IFB The Owner/Consultant may, in exceptional circumstances and at its discretion, on giving 24 of 234

25 reasonable notice by /fax or any written communication to all prospective bidders who have downloaded the bid document extend the deadline for the submission of bids in which case all rights and obligations of the Owner/Consultant and bidders, previously subject to the original deadline will thereafter be subject to deadline as extended. 23. LATE BIDS / UNSOLICITED BIDS / BID SUBMISSION AT OTHER PLACE E-system of GAIL shall close immediately after the deadline for submission of bid prescribed by the Consultant pursuant to clause 22 of ITB Unsolicited bids or bids being submitted in physical form/to address other than one specifically stipulated in the bid document will not be considered for opening / evaluation / award and will be returned to such bidders. 24. MODIFICATION AND WITHDRAWAL OF BIDS The bidder may modify, re-submit or withdraw its e-bid after the bid submission, but, before the due date of submission as per provision of e-tendering system of GAIL No bid shall be modified by the bidder, on his own, after the deadline for submission of bid. Modification of a bid in such a manner shall result in the forfeiture of bidder s bid security, pursuant to clause 15.9 of ITB 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 its bid security, pursuant to clause 15.9 of ITB. 25. BID OPENING BID OPENING AND EVALUATION Un-Priced Techno Commercial bid opening: The Owner/Consultant will open the un-priced techno commercial bids in the presence of bidders designated representatives at date & time as stipulated in IFB. The bidder s representatives who are present shall sign bid-opening statement evidencing their attendance Bidder s names, the presence (or absence) and amount of bid security, and any other such details as the consultant may consider appropriate will be announced by the Consultant. 26. PROCESS TO BE CONFIDENTIAL Information relating to the examination, clarifications, evaluation and comparison of bids, and recommendations for the award of a Contract shall not be disclosed to bidders or any other person officially concerned with such process. Any effort by a bidder to influence the Owner/Consultant in any manner in respect of bid evaluation or award will result in the rejection of that bid. 27. CONTACTING THE OWNER/CONSULTANT From the time of the bid opening to the time of the Contract award, if any bidder wishes to contact the Owner for any matter relating to the bid it should do so in writing. 25 of 234