LIMITED DOMESTIC COMPETITIVE BIDDING BID DOCUMENT FOR. Hiring of Pest, Rodent, Reptile Control Services for Pipeline Installations of DBPL

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1 GAIL (India) Limited (A Government of India Undertaking) A Maharatna Company Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar, Bangalore BID DOCUMENT FOR Hiring of Pest, Rodent, Reptile Control Services for Pipeline Installations of DBPL LIMITED DOMESTIC COMPETITIVE BIDDING Date and Time of Pre-Bid Meeting Venue Last date and time for submission of bid Date and time of opening of Un-priced Bids at GAIL s Bangalore office : AT 1500 HRS (IST) GAIL (India) Ltd, Corporate Miller, 2 nd Floor, Thimmaiah Road, Vasanthnagar, Bangalore Epbax: sk08536@gail.co.in Ph: (If the particular day happens to be a declared holiday in GAIL, the next working day shall be considered) : Upto , 1500 hrs. (IST) : At 1600 hrs. (IST) on (If the particular day happens to be a declared holiday in GAIL, the next working day shall be considered) Page 1 of 118

2 TABLE OF CONTENTS Introduction SL. NO. SECTION DESCRIPTION 1 SECTION - I INVITATION FOR BIDS 2 SECTION II INSTRUCTION TO BIDDERS 3 SECTION III FORMS & FORMATS 4 SECTION - IV GENERAL CONDITIONS OF CONTRACT 5 SECTION V SCOPE OF WORK 6 SECTION VI SPECIAL CONDITIONS OF CONTRACT ATTACHMENTS : 7 SECTION VII ATTACHMENT I : CONTRACT AGREEMENT FORM ATTACHMENT-II : PERFORMANCE EVALUATION ATTACHMENT-III : INTEGRITY PACT ATTACHMENT-IV : MSMED ACT 8 SECTION VIII PRICE SCHEDULE / SCHEDULE OF RATES Page 2 of 118

3 GAIL (India) Limited (A Government of India Undertaking) A Maharatna Company Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar, Bangalore BID DOCUMENT FOR Hiring of Pest, Rodent, Reptile Control Services for Pipeline Installations of DBPL SECTION I INVITATION FOR BIDS (IFB) Page 3 of 118

4 GAIL (India) Limited (A Government of India Undertaking) Ref.: GAIL/BLORE/C&P/O&M/C Dated: SUBJECT: Dear Sir, Hiring of Pest, Rodent & Reptile Control Services for Pipeline Installations of DBPL GAIL (India) Limited invites you to submit Sealed bids on Limited Domestic Tender basis 1.0 SALIENT FEATURES OF BID DOCUMENT: (i) TYPE OF ENQUIRY Limited Domestic Tendering (ii) BIDDING DOCUMENT NO. GAIL/BLORE/C&P/O&M/C (To be referred in all future correspondence) (iii) TENDER FEE / NA BIDDING DOCUMENT FEE (Non-refundable) (iv) BID SECURITY / NA EARNEST MONEY DEPOSIT (EMD) (v) PERIOD OF CONTRACT 24 months from the date of FOA/PO as defined in Scope of Work / SCC (vi) DATE AND TIME OF PRE-BID MEETING VENUE AT 1500 HRS (IST) GAIL (India) Ltd, Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar, Bangalore , Ph: (vii) (viii) (ix) LAST DATE AND TIME FOR SUBMISSION OF BID DATE AND TIME OF OPENING OF UN- PRICED BIDS VENUE FOR OPENING OF UN- PRICED BIDS (If the particular day happens to be a declared holiday in GAIL, the next working day shall be considered) Upto , 1500 hrs. (IST) At 1600 hrs. (IST) on (If the particular day happens to be a declared holiday in GAIL, the next working day shall be considered) GAIL (India) Limited, Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar Bangalore Bidders are requested to attend the Pre-bid Meeting so that their queries, if any, related to the Bid Document and Scope of Work can be addressed during meeting. If any of the days specified above happens to be a holiday in GAIL, the next working day shall be implied. Page 4 of 118

5 The bid will be submitted in two parts as follows: 1.2 PART - I (UN-PRICED BID) The un-priced bid must be complete with all technical and commercial details other than the rate (blank Schedule of Rates to be submitted along with Un-Priced Bid) but along with documentary evidences sought under this tender document. One complete set of tender/enquiry document shall be Signed & Stamped on all the pages and submitted along with un-priced bid. 1.3 PART- II (PRICED BID) Price bid should contain only the prices as per the Schedule of Rates format, without any condition whatsoever. The two envelopes containing Part-I & Part-II of the bid separately should be enclosed in a larger envelope duly sealed and super-scribed with tender no., due date and item prominently along with address of this office and sender s name and address. 2.0 BID EVALUATION CRITERIA 2.1 Technical Bidders must have experience in providing Pest Control service jobs having successfully completed at least one work of Pest Control Services with a minimum single work order value of Rs Lakh or above from Central/State Government Department/Public sector Undertaking or any Private company or any 5 Star Hotel during the preceding 7 years period reckoned from the bid due date. The bidder should submit copies of work order along with completion certificate duly attested by Gazetted Officer / Notary Public. The completion certificate must clearly indicate the relevant work order reference, actual value of work executed and actual date of completion Bidder must have a valid license from the concerned Statutory Authority for storing and using the pesticides and other chemicals for commercial pest control operations under Insecticides act 1968 and rules framed there under continuously for preceding five years. The license must be issued in FORM-VI-C for storing and using pesticides and other chemicals for commercial pest control operations, as per rule 10(3-A) of Insecticides Act 1968 and Insecticide Rule 1971 by competent statutory authority. The Bidder must submit copies of Licenses for all the preceding 5 years period duly attested by Gazetted Officer / Notary Public The License should be in the name of the bidder. The qualified person specified in the License must be Proprietor/Partner or Director/Management staff of the bidding organization. The bidder must submit copies of documentary evidence duly attested by Gazetted Officer / Notary Public towards proof of: a) Proprietor/Partner or Director/ Management Staff of the bidding organization. b) Copy of mark sheet of Graduation in Agriculture or in Science with Chemistry as a subject in the name of qualified person specified in license. Page 5 of 118

6 2.1.4 The bidder must be a valid member of Indian Pest Control Association (IPCA). Copy of membership certificate duly attested by Gazetted Officer / Notary Public must be provided. Bids submitted by Government organizations including PSU s of Central & State Governments and Statutory bodies are exempted from IPCA membership requirement. Note: In case the bidder acquired the above experience as a sub-contractor, along with the above mentioned documents, the bidder shall furnish the following documents duly attested by Gazetted Officer/ Notary Public along with bid for qualification: 1) Copy of work order along with SOR issued by main contractor. 2) Copies of Completion Certificates from the end user/ owner and also from the main contractor indicating the relevant work order reference, actual value of work executed and actual date of completion. 3.0 ZERO DEVIATION Bidder is advised to quote strictly as per terms and conditions of tender document and not to stipulate any deviation/exceptions. This is a zero deviation tender. Bidder to note that taking deviation to following clauses of tender document lead to rejection of their bids: a) Firm Price b) Scope of Work c) Specifications d) Price Schedule e) Delivery/Completion Schedule f) Performance Bank Guarantee/Security Deposit g) Arbitration/Resolution of Dispute h) Force Majeure i) Applicable Law j) Any other condition specifically mentioned in the tender documents elsewhere that non-compliance of the clause lead to rejection. 4.0 GENERAL 4.1 Corrigendum/Addendum, if any, shall also be available on the referred Websites. Further, bidder shall give an undertaking on their letter head that the content of the bidding document have not been altered or modified. 4.2 No extension in the bid due date/time shall be considered on account of delay in receipt of any document. 4.3 GAIL will follow purchase preference policy as per prevailing guidelines of Government of India. 4.4 GAIL reserves the right to reject any or all the bids received at its discretion without assigning any reason whatsoever. This Invitation for Bids (IFB) is an integral and inseparable part of the Bid Document. For and on behalf of GAIL (India) Limited (A.Agustine Vinish) Sr. Officer (C&P) Page 6 of 118

7 GAIL (India) Limited (A Government of India Undertaking) A Maharatna Company Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar, Bangalore BID DOCUMENT FOR Hiring of Pest, Rodent, Reptile Control Services for Pipeline Installations of DBPL SECTION II INSTRUCTIONS TO BIDDERS Page 7 of 118

8 SECTION II INSTRUCTIONS TO BIDDERS Table of Contents A. 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 B. Bidding Documents 8. Content of Bidding Documents 9. Clarification of Bidding Documents 10. Amendment of Bidding Documents C. 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 21. Agent/Consultant/Representative/Retainer/Associate D. Submission of Bids 22. Sealing and Marking of Bids 23. Deadline for Submission of Bids 24. Late Bids 25. Modification and Withdrawal of Bids E. Bid Opening and Evaluation 26. Bid Opening 27. Process to be Confidential 28. Contacting the Employer 29. Examination of bids and Determination of Responsiveness 30. Correction of Errors 31. Conversion to Single Currency for Comparison of Bids 32. Evaluation and Comparison of Bids 33. Preference for Domestic bidders 34. Purchase Preference 35. Compensation for Extended Stay F. Award of Contract 36. Award 37. Employer s Right to Accept any bid and to Reject any or all Bids 38. Notification of Award 39. Signing of Agreement 40. Contract Performance Security 41. Corrupt or Fraudulent Practices Page 8 of 118

9 Section-II Instructions to Bidders A. General 1. Scope of Bid 1.1 The Employer, 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 expected to complete the Works within the period stated in Scope of Work in Section V of bidding document. 1.3 Throughout these bidding documents, the terms bid and tender and their derivatives ( bidder/ tenderer, bid/ tendered, bidding/ tendering, etc.) are synonymous, and day means calendar day. Singular also means plural. 2. Eligible Bidders 2.1 Bidders shall, as part of their bid, submit duly executed power of attorney authorizing the signatory of the bid to bind the bidder. 2.2 This invitation for bid is open to any bidder. 2.3 A bidder shall not be affiliated with a firm or entity (i) 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 (ii) that has been hired (or is proposed to be hired) by the Employer as Engineer/ Consultant for the contract. 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 black listed by any Government Department / Public Sector. 3. Bid Evaluation Criteria 4. Bids from Joint Venture / Consortium 3.1 Bidder, who meets the criteria of BEC shall be the successful bidder for the instant contract. 3.2 The work shall be awarded to the successful bidder on L1 basis. 4.1 NOT ACCEPTABLE Page 9 of 118

10 5. One Bid per Bidder 6. Cost of Bidding 5.1 A firm shall submit only one bid in the same bidding process, individually as a bidder. No firm can be a subcontractor while submitting a bid. A firm, if acting in the capacity of subcontractor in any bid, may participate in more than one bid, but only in that capacity. A bidder who submits or participates in more than one bid will cause all the proposals in which the bidder has participated to be disqualified. 6.1 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. 7. Site Visit 7.1 The bidder is advised to visit and examine the Site of deployment and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for deployment of vehicle. The costs of visiting the Site shall be at the bidder s own expense. B. Bidding Documents 8. Content of Bidding Document 8.1 The Bidding Documents/Tender Documents are those stated below and should be read in conjunction with any addenda issued in accordance with ITB Clause 10. Section I Section II Section III Section IV Section V Section VI Section VII Section VIII Invitation for Bids (IFB) Instructions to Bidders (ITB) Forms and Formats General Conditions of Contract Scope of Work Special Conditions of Contract Attachments Price Schedule / Schedule of Rates/Bill of Quantities / S.O.R. 8.2 The bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. The Invitation for Bids (IFB) together with all its attachments thereto, shall be considered to be read, understood and accepted by the bidders. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at bidder s risk and may result in the rejection of his bid. 9. Clarification of Bidding Documents 9.1 A prospective bidder requiring any clarification of the Bidding Documents may notify GAIL in writing or by fax or at GAIL s mailing address indicated in the Invitation for Bids. GAIL will respond in writing to any request for clarification of Page 10 of 118

11 the Bidding documents which it receives not later than 10 days prior to the deadline for the submission of bids prescribed by GAIL. Written copies of GAIL s response (including an explanation of the query but without identifying the source of the query) will be uploaded on GAIL tenders website and will also be intimated to prospective bidders to whom the tender documents were posted. Any Clarification or information required by the bidder but same not received by the Purchaser, ten days prior to the bid due date, the same is liable to be considered as no clarification/information required. [In case there is provision of pre-bid conference, all questions/queries should be referred to GAIL on or before scheduled date of pre-bid conference. The questions/queries received by GAIL prior to pre-bid conference will be addressed in the pre-bid conference & no separate communication will be sent to bidders.] 10. Amendment of Bidding Documents 10.1 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 The amendment will be uploaded on GAIL tenders portal and will also be intimated to prospective bidders to whom the tender documents were posted 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. C. Preparation of Bids 11. Language of Bid 12. Documents Comprising the Bid 11.1 The bid prepared by the bidder and all correspondence and documents relating to the bid exchanged by bidder and GAIL shall be written in English language The bid will be submitted in two parts as follows : 12.2 (PART-I) Part-I: Techno-commercial /Un-priced Bid shall contain the following: (a) (b) (c) (d) (e) 'Covering Letter' on Bidder's 'Letterhead' 'Bidder's General Information', as per 'Format F-1' 'Bid Form', as per 'Format F-2' Copies of documents, as required in 'Form F-3' A confirmation that prices in requisite formats, strictly complying with the requirement, with prices Page 11 of 118

12 (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) blanked out. 'Documents' establishing the eligibility/evaluation and conformity to the Bid Documents of all services, which the Bidder proposes to supply under the Award is to be submitted. 'Letter of Authority', as per 'Format F-5' 'No Deviation Confirmation', as per 'Format F-6' 'Bidder's Declaration', in 'Format F-6A' 'Certificate' from Bidder, as per 'Format F-7' Format for Bank Guarantee for contract performance security / security deposit as per 'Format F-8' 'Terms and Conditions', as per 'Format F-9' Confirmation on applicability of Micro, Small and Medium Enterprises Development Act, 2006 [MSMED Act 2006) - Attachment-IV Documents substantiating "Bid Evaluation Criteria [BEC]" Any other information/details required as per Bid Document Note: All pages of the Bid must be signed and stamped by the authorized signatory" of the Bidder 12.3 PART-II Part-II: Priced Bid Price bid should contain only the prices, without any condition, whatsoever. 13. Bid Prices 13.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole works as described in Bidding Document, based on the unit rates and prices submitted by the Bidder and accepted by the EMPLOYER Prices must be filled in format for Schedule of Rates. If quoted in separate typed sheets and any variation in item description, unit or quantity is noticed; the bid is liable to be rejected Bidder shall quote for all the items of Schedule of Rates after careful analysis of cost involved for the performance of the completed item considering all parts of the Bidding Document. In case any activity though specifically not covered in description of item under Schedule of Rates but is required to complete the works as per Scope of Work, Scope of supply, Specifications, Standards, Drawings, General Conditions of Contract, Special Condition of Contract or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such Page 12 of 118

13 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 All duties and taxes including applicable Custom duty, Works Contract tax, Service tax and other levies payable by the Contractor under the Contract, or for any other cause, shall be included in the rates and prices and the total bid price submitted by the bidder 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 as mentioned below. Statutory variations in Service tax during the contractual completion period, 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 The Bidder shall quote the prices on the appropriate format of Price Schedule enclosed as part of bid document 13.7 Alternative bids shall not be considered. 14. Bid Currencies Bidders shall submit bid in Indian Rupees only. 15. Bid Validity 15.1 Bids shall be kept valid for 3 months from the final bid due date. A bid valid for a shorter period may be rejected by GAIL as non-responsive. 16. Bid Security NA 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 / . A bidder may refuse the request without forfeiture of his bid security. A bidder agreeing to the request will not be required or permitted to modify his bid, but will be required to extend the validity of its bid security for the period of the extension and in accordance with Clause 16 in all respects. Page 13 of 118

14 17. Pre-Bid Meeting 17.1 The bidder(s) or his designated representative, who have purchased bid document, are invited to attend a pre-bid meeting which will take place at the venue mentioned in the IFB The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be transmitted without delay (without identifying the sources of the question) to all purchasers of the bidding documents. Any modification of the bidding documents listed in ITB Sub- Clause 8.1 that may become necessary as a result of the prebid 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 Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder. 18. Format and Signing of Bid 18.1 The original and all copies of the bid shall be typed or written in indelible ink (in the case of copies, photocopies are also acceptable) and signed by a person or persons duly authorized to sign on behalf of the bidder. The name and person held by each person signing, must be typed or printed below the signature. All pages of the bid except for unamended printed literature where entries or amendments have been made shall be initiated by the person or persons signing the bid The bid shall contain no alterations, omissions, or additions, unless such corrections are initialed by the person or persons signing the bid. 19. Zero Deviation 19.1 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. 20. E-Payment 20.1 GAIL (India) Limited has initiated payments to suppliers electronically and to facilitate the payments electronically, the Bidder should provide details of the bank account to which the payment is to be made in their company letter head and a crossed or cancelled cheque leaf, in case of placement of order on him. Page 14 of 118

15 D. Submission of Bids 21. Marking of Bids 21.1 Bid shall be submitted in the following manner : (i) Part I - Techno-commercial/un-priced Bid (ii) Part II - Schedule of Rates a) Part-I to be submitted with all technical and commercial details other than price (with prices blanked out). b) Part II Priced bid should contain prices, without any condition, whatsoever. 22. Deadline for Submission of Bids 22.1 Bids must be submitted not later than the date and time stipulated in the IFB GAIL may, in exceptional circumstances and at its discretion, on giving reasonable notice by fax or any written communication to all prospective bidders who have been issued the bid documents, 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. 23. Late Bids 23.1 System does not allow for submission / receipt of bids beyond the deadline for bid submission. 24. Modification and Withdrawal of Bids 24.1 The bidder may modify his bid after the bid submission but before the deadline for bid submission 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 Sub-Clause 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 varying any term in regard thereof leading to re-tendering, GAIL shall forfeit Earnest Money paid by the bidder and such bidders shall be debarred from participation in re-tendering of the same job(s)/item(s). Page 15 of 118

16 E. Bid Opening and Evaluation 25. Bid Opening 25.1 Un-priced Techno-Commercial Bid Opening : GAIL will open bids in the presence of bidder s designated representatives, the un-priced part at date and time as stipulated in IFB at GAIL s address. The bidder s representatives who are present shall sign bid-opening statement evidencing their attendance Priced Bid Opening: GAIL will open the price bids of those bidders who meet the qualification requirement and whose bid is determined to be technically and commercially responsive. Bidders selected for opening of their price bids shall be informed about the date of price bid opening. Bidders may depute their authorized representative to attend the opening. The bidders representatives, who are present, shall sign a register evidencing their attendance. 26. Process to be Confidential 27. Contacting the Employer 28. Examination of bids and Determination of Responsiveness 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 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 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 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 Prior to the detailed evaluation of bids, the Employer will determine whether each bid a. meets the Bid Evaluation Criteria; b. has been properly signed; c. is accompanied by the required securities; d. is substantially responsive to the requirements of the bidding documents; and e. provides any clarification and/or substantiation that the Employer may require to determine responsiveness pursuant to Sub-Clause A substantially responsive bid is one which conforms to all the terms, conditions and specifications of the bidding documents without material deviations or reservations. A material deviation or reservation is one Page 16 of 118

17 (a) (b) (c) that affects in any substantial way the scope, quality, or performance of the service; that limits in any substantial way, inconsistent with the bidding documents, the Employer s rights or the bidder s obligations under the contract; or whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids 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 Bidders if so desires, may seek in writing the reasons for rejection of their bid, to which GAIL shall respond quickly. 29. Correction of Errors 29.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows : (a) (b) where there is a discrepancy between the amounts in words and in figures, the amount in words will govern; and 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 The amount stated in the bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the bidder, shall be considered as binding upon the bidder. If the bidder does not accept the corrected amount of bid, its bid will be rejected, and the bid security shall be forfeited. 30. Evaluation and Comparison of Bids 30.1 The evaluation and comparison of bids will be done as per the provisions mentioned in the tender document. F. Award of Contract 31. Award 31.1 Subject to Clause 28, GAIL will award the contract to the successful bidder whose bid has been determined to be substantially responsive and has been determined as the lowest, is determined to be qualified to satisfactorily perform the contract. 32. Employer s Right to Accept Any Bid and to Reject Any or 32.1 GAIL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract, without thereby 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 Page 17 of 118

18 All Bids 33. Notification of Award 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 Deployment shall be counted from the date of notification of award/fax of Acceptance. The notification of award will constitute the formation of a Contract, until the Contract has been effected pursuant to signing of Contract as per Clause 34 of ITB. Upon the successful bidder s furnishing of contract performance security, pursuant to Clause 35 of ITB, GAIL will promptly notify each unsuccessful bidder and will discharge his bid security, pursuant to Clause 16 of ITB. 34. Signing of Agreement 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 The successful bidder shall be required to execute an AGREEMENT in the Performa given in of this standard bidding document on non-judicial paper of appropriate value (the cost of stamp paper shall be borne by the Contractor), within 15 days of the receipt by him of the Notification of Acceptance of Tender. In the event of failure on the part of the successful bidder to sign the AGREEMENT within the above stipulated period, the Bid Security shall be forfeited and the acceptance of the tender shall be considered as cancelled. 35. Contract Performance Security 35.1 Within 15 days of the receipt of the notification of award / Fax of Acceptance from GAIL, the successful bidder shall furnish the contract performance security in accordance with Article 24 of General Conditions of The Contract in the form provided in the bidding documents. The Contract Performance Security shall be in the form of either Banker s Cheque or Demand Draft or Bank Guarantee and shall be in Indian currency only The contract performance security shall be for an amount equal to 7.5% of the value of the contract towards faithful performance of the contractual obligations and performance of equipment. The successful bidder shall submit 2.5% of the contract value initially within 15 days of award of contract. The remaining 5% of the security deposit shall be recovered from monthly bills.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 Page 18 of 118

19 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 Failure of the successful bidder to comply with the requirements of this article shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event GAIL may award the order to the next lowest evaluated bidder or call for new bids. 36. Corrupt or Fraudulent Practices 36.1 GAIL requires that bidders/contractors observe the highest standard of ethics during the execution of contracts. In pursuance of this policy, the Employer : a) defines, for the purposes of this provision, the terms set forth below as follows : i) corrupt practice means the offering, giving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution; and ii) fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition; b) will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; c) will declare a firm ineligible and put on holiday, either indefinitely or a for a stated period of time if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing a contract a) Bidder is required to furnish the complete and correct Page 19 of 118

20 information/documents required for evaluation of their bids. If the information/documents forming basis of evaluation is found to be false/forged, the same shall be considered adequate ground for rejection of the bids and forfeiture of Earnest Money Deposit. b) In case, the information/document furnished by the Vendor/Contractor forming basis of evaluation of his bid is found to be false/forged after the award of the contract, GAIL shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such vendor/contractor without any prejudice to other rights available to GAIL under the contract such as forfeiture of CPBG/Security Deposit, withholding of payment etc. c) In case this issue of submission of false document comes to the notice after execution of work, GAIL shall have full right to forfeit any amount due to the vendor/contractor along with forfeiture of CPBG/Security Deposit furnished by vendor/contractor. d) Further, such bidder/vendor/contractor shall be put on Blacklist/Holiday List of GAIL debarring them from future business with GAIL. Page 20 of 118

21 GAIL (India) Limited (A Government of India Undertaking) A Maharatna Company Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar, Bangalore BID DOCUMENT FOR Hiring of Pest, Rodent, Reptile Control Services for Pipeline Installations of DBPL SECTION III FORMS AND FORMATS Page 21 of 118

22 To, GAIL (India) Limited, Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar Bangalore (India) F-1 BIDDER S GENERAL INFORMATION 1. Name of Bidder / Firm 2. Status of Firm Proprietorship Firm / Partnership Firm [Mark ] 3. Number of Years in Operation 4. Registered Address 5. Operational Address [if different from above] 6. Telephone Number [Area Code] [Number] 7. ID & Website 8. Tele-fax Number [Area Code] [Number] 9. ISO Certification [If Any] [If 'Yes', Please Furnish Details]: 10. PERMANENT ACCOUNT NUMBER [PAN] [Enclose Copy of 'PAN'] 11. TIN / CST / VAT [Enclose Copy of Registration for TIN / CST / VAT] 12. SERVICE TAX NUMBER [Enclose Copy of 'Service Tax Registration Certificate'] Place: Date: [Signature of Authorized Signatory of Bidder] Name: Designation: Seal: Page 22 of 118

23 To, GAIL (India) Limited, Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar Bangalore (India) F-2 BID FORM Dear Sir, After examining/reviewing the Bidding Documents for including technical specifications, drawings, General and Special Purchase Conditions and schedule of rates etc. the receipt of which is hereby duly acknowledged, we, the undersigned, pleased to offer to execute the whole of the Job of and in conformity with, the said Bid Documents, including Addenda Nos.. We confirm that this bid is valid for a period of three (3) months from the date of opening of Techno-Commercial Bid, and it shall remain binding upon us and may be accepted by any time before the expiration of that period. If our bid is accepted, we will provide the performance security equal to 10% (ten per cent) of the Contract Price, for the due performance with in fifteen days of such award. Until a final Agreement is prepared and executed, the bid together with your written acceptance thereof in your notification of award shall constitute a binding Agreement between us. We understand that Bid Document is not exhaustive and any action and activity not mentioned in Bid Documents but may be inferred to be included to meet the intend of the Bid Documents shall be deemed to be mentioned in Bid Documents unless otherwise specifically excluded and we confirm to perform for fulfillment of Agreement and completeness of the Work in all respects within the time frame and agreed price. We understand that you are not bound to accept the lowest priced or any bid that you may receive. Place: Date: [Signature of Authorized Signatory of Bidder] Name: Designation: Seal: Duly authorized to sign Bid for and on behalf of [Signature of Witness] Name of Witness: Address: Page 23 of 118

24 To, GAIL (India) Limited, Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar Bangalore (India) Dear Sir, F-3 LIST OF ENCLOSURES We are enclosing the following documents as part of the bid: 1. Power of Attorney of the signatory to the Bidding Document. 2. Copy of Bidding Documents along with addendum/corrigendum no (if any) duly signed and sealed on each page, in token of confirmation that Bid Documents are considered in full while preparing the bid and in case of award, work will be executed in accordance with the provisions detailed in Bid Documents. 3. Notarized/attested copies of Documentary proof towards the Technical Bid Evaluation Criteria specified in the bidding document. NOTE: - All the documents submitted towards the Technical Bid Evaluation Criteria shall be signed/sealed by the authorized signatory. - The forms/formats in which details are required to be filled-up shall be signed/sealed by the authorized signatory. - The tender document set along with addendum/corrigendum (if any) shall be signed/sealed by the authorized signatory. Place: Date: [Signature of Authorized Signatory of Bidder] Name: Designation: Seal: Page 24 of 118

25 F-5 LETTER OF AUTHORITY PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING AND SUBSEQUENT NEGOTIATIONS/CONFERENCES Ref: No. Date: To, GAIL (India) Limited Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar Bangalore (India) Dear Sir, We hereby authorize following representative(s) to attend un-priced bid opening and price bid opening and for any other correspondence and communication against above Bidding Document: 1) Name & Designation Signature 2) Name & Designation Signature We confirm that we shall be bound by all commitments made by aforementioned authorised representatives. Yours faithfully, Place: Date: [Signature of Authorized Signatory of Bidder] Name: Designation: Seal: Note: This letter of authority should be on the letterhead of the bidder and should be signed by a person competent and having the power of attorney to bind the bidder. Not more than two persons are permitted to attend techno commercial un-priced and price bid opening. Page 25 of 118

26 To, GAIL (India) Limited, Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar Bangalore (India) Dear Sir, F-6 NO DEVIATION CONFIRMATION We understand that any deviation/exception in any form may result in rejection of bid. We, therefore, certify that we have not taken any exceptions/deviations anywhere in the bid and we agree that if any deviation/exception is mentioned or noticed, our bid may be rejected. Place: Date: [Signature of Authorized Signatory of Bidder] Name: Designation: Seal: Page 26 of 118

27 F-6A DECLARATION To GAIL (India) Limited, Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar Bangalore (India) Dear Sir, We hereby confirm that we are not under any 'liquidation', any 'court receivership' or similar proceedings and 'bankruptcy'. We further confirm that, we have not been blacklisted or kept under holiday by any Public Sector Undertaking / Government Organization / GAIL (India) Limited. We agree that if any noticed in future, our Bid may be rejected / terminated. Place: Date: [Signature of Authorized Signatory of Bidder] Name: Designation: Seal: Page 27 of 118

28 To, GAIL (India) Limited, Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar Bangalore (India) Dear Sir, F-7 CERTIFICATE If we become a successful bidder and pursuant to the provisions of the Bidding Documents award is given to us for for one or more Warehouses the following certificate shall be automatically enforceable: We agree and acknowledge that the Employer is entering into the Agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Government of India is not a party to the Agreement and has no liabilities, obligations or rights there under. It is expressly understood and agreed that the Employer is authorised to enter into Agreement, solely on its own behalf under the applicable laws of India. We expressly agree, acknowledge and understand that the Employer is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Agreement. Accordingly, we hereby expressly waive, release and forego any and all actions or claims, including cross claims, VIP claims or counter claims against the Government of India arising out of the Agreement and covenants not to sue to Government of India as to any manner, claim, cause of action or things whatsoever arising of or under the Agreement. Place: Date: [Signature of Authorized Signatory of Bidder] Name: Designation: Seal: Page 28 of 118

29 F-8 DETAILS OF SIMILAR WORK DONE DURING PAST FIVE YEARS Description of the work Location of the work Full Postal Address and phone nos. of Client & Name of Officer-in-Charge Value of Contract Date of Commencement of Work Scheduled Completion Time (Months) Date of Actual Comple tion Reasons for delay in project completion, if any Note: Copies of Letter of awards and completion certificate for the above works to be enclosed. The Work completed earlier than five years need not be indicated here The list of work, not of similar nature need not be indicated here Failing to comply aforementioned instructions may lead to rejection of bid. Place: Date: [Signature of Authorized Signatory of Bidder] Name: Designation: Seal: Page 29 of 118

30 F-9 PRESENT COMMITMENTS OF THE BIDDER Full Postal Address and phone nos. of Client & Name of Officer-in-Charge Description of the Work Date of Commencem ent of Work Scheduled Comp. Period %Age Comp. as on Date Expected Date of Completion Remarks NOT APPLICABLE Note: This list must be a full list of all type of works in hand. Place: Date: [Signature of Authorized Signatory of Bidder] Name: Designation: Seal: Page 30 of 118

31 F-10 PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE SECURITY (ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE) TO: GAIL (India) Limited, Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar Bangalore (India) Dear Sirs, M/s have been awarded the work of for GAIL (India) Ltd., Corporate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar, Bangalore The Contracts conditions provide that the CONTRACTOR shall pay a sum of Rs. (Rupees as full Contract Performance Guarantee in the form therein mentioned. The form of payment of Contract Performance Guarantee includes guarantee executed by Nationalized Bank, undertaking full responsibility to indemnify GAIL ( India) Ltd., in case of default. The said has approached us and at their request and in consideration of the premises we having our office at have agreed to give such guarantee as hereinafter mentioned. 1. We hereby undertake and agree with you that if default shall be made by M/s in performing any of the terms and conditions of the tender or in payment of any money payable to GAIL ( India) Ltd.. We shall on demand pay without any recourse to the contractor to you in such manner as you may direct the said amount of Rupees only or such portion thereof not exceeding the said sum as you may from time to time require. 2. You will have the full liberty without reference to us and without affecting this guarantee, postpone for any time or from time to time the exercise of any of the powers and rights conferred on you under the contract with the said and to enforce or to forbear from endorsing any powers or rights or by reason of time being given to the said which under law relating to the sureties would but for provision have the effect of releasing us. 3. Your right to recover the said sum of Rs. (Rupees ) from us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s. and/or that any dispute or disputes are pending before any officer, tribunal or court. 4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up dissolution or changes of constitution or insolvency of the said but shall in all respects and for all purposes be binding and operative until payment of all money due to you in respect of such liabilities is paid. 5. This guarantee shall be irrevocable and shall remain valid up to if any further extension of this guarantee is required, the same shall be extended to such required period on receiving instruction from M/s. on whose behalf this guarantee is issued. 6. The Bank Guarantee s payment of an amount is payable on demand and in any case within 48 hours of the presentation of the letter of invocation of Bank Guarantee. Should the banker fail to release payment on demand, a penal interest of 18% per annum shall become payable immediately and any dispute arising out of or in relation to the said Bank Guarantee shall be subject to the jurisdiction of Delhi Courts. 7. We have power to issue this guarantee in your favor under Memorandum and Articles of Association and the undersigned has full power to do under the Power of Attorney dated granted to him by the Bank. Yours faithfully, Bank By its Constituted Attorney Signature of a person duly authorized to sign on behalf of the Bank. Page 31 of 118

32 INSTRUCTIONS FOR FURNISHING CONTRACT PERFORMANCE SECURITY 1. The Bank Guarantee by successful bidder(s) will be given on non-judicial stamp paper as per stamp duty applicable. The non-judicial stamp paper should be in name of the issuing bank. In case of foreign bank, the said bank guarantee to be issued by its correspondent bank in India on requisite non-judicial stamp paper and place of bid to be considered as Delhi. 2. The bank guarantee by bidders will be given from bank as specified in ITB. 3. A letter from the issuing bank of the requisite Bank Guarantee confirming that said bank guarantee and all future communication relating to the Bank Guarantee shall be forwarded to Employer 4. If a bank guarantee is issued by a commercial bank, then a letter to Employer and copy to Consultant confirming its net worth is more than Rs. 1,000,000,000/- (Rupees one hundred crore) or its equivalent in foreign currency along with a documentary evidence. Page 32 of 118

33 F-11 (CHECK LIST) Bidders are requested to duly fill in the checklist. This checklist gives only certain important items to facilitate the bidder to make sure that the necessary data/information as called for in the bid document has been submitted by them along with their offer. This, however, does not relieve the bidder of his responsibilities to make sure that his offer is otherwise complete in all respects. Please ensure compliance and tick ( ) against following points: S. NO. DESCRIPTION STATUS 1.0 Bid signed and stamped submitted 2.0 Confirm that the following details have been submitted in the Un-priced part: a) Covering Letter, Letter of Submission b) Signed copy of bid document and addendum (if any) c) Power of Attorney in the name of person signing the bid d) Bidder s declaration that they are not under any liquidation, court receivership or similar proceedings. e) Confirmation from the Bidder that the bidder and/or its subcontractor have not been put on Holiday by GAIL or black listed by any government department/ public sector. f) Undertaking as per Invitation For Bid stating that the contents of Bid Document have not been altered or modified, for only those Bidders who have downloaded the Bid Documents from GAIL website. g) Bid Security as per Bid document is submitted h) Format F-12 : Agreed Terms & Conditions duly filled in is submitted 3.0 Confirm that all forms enclosed with the bid are duly signed by authorised person(s) 4.0 Confirm that the price bid has been duly filled, signed and stamped. Page 33 of 118

34 S. NO. DESCRIPTION STATUS 5.0 Confirm that proper page nos. have been given in sequential way in all the documents submitted along with your bid with Index. 6.0 Confirm that any correction in the Un-priced part has been initialled and stamped by the authorized person Confirm that any correction in the Price Part part has been signed in full and stamped by the authorized person. Confirm that prices in requisite formats strictly complying with the requirements have been submitted in priced bid. Confirmation that no deviations are taken against commercial and technical specifications of the bid document. Confirm that copies of documents establishing the bidder s eligibility are enclosed Other requirements as per Bid Document Place: Date: [Signature of Authorized Signatory of Bidder] Name, Designation & Seal Page 34 of 118

35 F-12 BRIEF SUMMARY OF AGREED TERMS & CONDITIONS Bidder M/s... Offer Ref... This Questionnaire duly filled in should be returned along with Un-priced Bid. Clauses confirmed hereunder should not be repeated in the Bid. Sl. Description No. 1. It is noted that deviations to Terms & Conditions shall lead to rejection of offer, as specified in the Bid Document. 1.1 Confirm Bid has been submitted as per Instructions to Bidders in website of Purchaser. 2. Confirm the prices are inclusive of all taxes and duties, including service tax and rate of service tax to be furnished separately. 3. Confirm that the offer shall remain valid for acceptance up to 3 months from Final Bid Due Date/Date of Opening of Bids. 4. Bidder s name and address Bidder's Confirmation 5. Confirm acceptance of contract / contract period as per requirement Specified in Bid Document. 6. Confirm acceptance of Price Reduction Schedule (PRS) for delay in completion as specified in the Bid Document. 7. Confirm that in case of delay in deployment beyond Contractual Date, the invoice shall be submitted for the amount duly reduced to the extent of PRS/LD. 8. Confirm acceptance of Terms of Payment as specified in the Bid Document. 9. Confirm quoted prices will remain firm and fixed till complete execution of the order. Fax of Intent shall be placed within offer validity as Notification of Award of Contract. 10. Confirm acceptance in toto of the Terms & Conditions contained in: i) Instructions to Bidders ii) General Conditions of Contract (GCC) iii) Special Conditions of Contract (SCC) iv) Scope of Work v) All other commercial documents/attachments of Page 35 of 118

36 Bid Document. 11. Please furnish Bid Security details a) EMD/Bid Security No. & Date b) Value & validity c) Name & address of Bank issuing Bid Security 12. Indicate Name & Contact E- Mail/Telephone/Mobile/Fax No. of person(s) to whom queries, if any, are to be addressed against your bid. 13. Owner reserves the right to make any change in the terms & conditions of the Bid Document and to reject any or all bids including those received late or incomplete. BIDDER CONFIRMS THAT IN CASE OF CONFLICTING VERSION OF VARIOUS TERMS & CONDITIONS AT DIFFERENT PLACES, THE CONFIRMATION FURNISHED AS ABOVE SHALL BE CONSIDERED OVER-RIDING AND FINAL AND ANY OTHER DEVIATION INDICATED ELSEWHERE SHALL BE TREATED AS REDUNDANT. Signature Name Designation Tel No. Fax No. Office Stamp Page 36 of 118

37 GAIL (India) Limited (A Government of India Undertaking) A Maharatna Company Coprorate Miller, 2 nd Floor, 332/1, Thimmaiah Road, Vasanthnagar, Bangalore BID DOCUMENT FOR Hiring of Pest, Rodent, Reptile Control Services for Pipeline Installations of DBPL SECTION IV GENERAL CONDITIONS OF CONTRACT Page 37 of 118