REPLY TO BIDDER'S PRE-BID QUERIES APPOINTMENT OF THIRD PARTY INSPECTION AGENCY FOR QUALITY SURVEILLANCE OF MDPE/GI & STEEL PIPELINE NETWORK

Transcription

1 Refer clause no. 7.1 at page no. 46 of 77 : The amount of Contract Performance Bank Guarantee shall be 10% of the total order value. Contract We understand that the CONTRACT PERFORMANCE BANK GUARANTEE (CPBG) shall be 10% of annual contract 1 CONTRACT PERFORMANCE BANK GUARANTEE (CPBG) Performance Bank Guarantee shall be submitted within twenty one (21) days from date of issue of Fax of Intent /Contract value exlcuding taxes. Please confirm Refer clause no at page no. 49 of 77 : REASONABILITY OF RATES Refer clause no at page no. 49 of 77 : REASONABILITY OF RATES Refer Clause no. 4.0 at page no. 53 of 77 : General Refer Clause no. 4.0 at page no. 54 of 77 : General Refer clause o. 6.0 at page no. 55 of 77 : NUMBER OF RESOURCES REQUIRED 7 General 8 9 Refer clause no. 6.1 at Page no. 46 of 77 : PRICE REDUCTION SCHEDULE ( PRS ) Refer clause no. 4.0 of SOW at Page no. 54 of 77 REPLY TO BIDDER'S PRE-BID QUERIES Bidder to quote monthly rates considering manpower wages and price of other items as per scope which are workable and sustainable for the entire duration of contract. Bidder will ensure compliance to all statutory provision with respect to hiring of manpower including compliance to minimum wages. The agency shall be assigned monthly targets (connections/ laying of PE & Steel pipeline) for their respective sites on monthly basis, the plan versus progress shall be reviewed by EIC All TPIs are required to undergo STC Training before being deployed in IGL (even in case of intermediate vacancies or replacements) STC card is mandatory and carry STC card at site It is envisaged that minimum 200 number of qualified inspectors shall be deployed at site which may vary according to workload. In case contractor fails to complete the work/ services within stipulated period as defined in allotment letters then unless such failure is due to force majeure as defined in Bid document, there will be reduction in contract 1/2% for per week of delay or part thereof subject to maximum of 5% of contract price. 01. The selection of Third Party Inspectors for quality surveillance of MDPE/Steel Pipeline jobs shall be done on the basis of written test & Interview conducted by IGL In- Charge. 02. The agency shall depute inspectors at site within 15 days of notification by IGL. We understand that this is highly specialized services and all the manpower can not be governed by Minimum wages. Please confirm Please confirm the rates of minimum wages (Central/State) needs to be followed by bidder. As this is a Quality Surveillance/Project expediting and monitoring of all the activities carried out by the contractor, we understand that the targets are for Laying agency and not for TPI. Please confirm Please provide list of centres where STC trainings are provided. As the contract shall be divided aong 3 bidders in the ratio 50:30:20, please confirm the minimum manpower site wise which need to be deployed at site We understand that Labour cess shall not be applicable for this job. Please confirm. In this type of contract, this clause shall not be applicable. Since the job is not guaranteed, PRS shall be applicable to particular SOR price not on contract price. Please confirm. 01. Please confirm the time required by IGL for finalization of candidates after submission of Bio-data to IGL. 02. We request to IGL that the mobilizatio period should be increased to 30days from notification of IGL. Bidder shall ensure the compliance of prevailing statutory provisions during the contract duration as per tender terms and conditions STC training shall be carried out by IGL authorised agency with a relaxation of one month from the date of deployment after payment of actual cost which is approx. Rs. 66,000/- incl. taxes for a batch size of 25. Sitewise manpower requirement may vary as per work requirement Your query is not clear. Refer Corrigendum # 1 (The mobilization period shall remain 15 days and IGL shall expedite the process of selection) Page 1 of 11

2 Dr.Amin controller Pvt.Ltd Currently working with IGL whether Bidder producing IGL work order's for BEC may submit copy of 10 IFB article No-9.1 (Page9 of 77) we can submit copy of P.O. and invoice copy in place of work PO and invoices. completion certificate? Please clarify 11 ITB Article 34.2 (Page 25 of 77) 12 SOW (Article1, 4 and 7.6)( Page52, 54 and 56 of77)/scc article number 9.4 (Page 48 of 77) 13 SOW ( Article-4) 14 GCC article Number SOW Article 8 16 SOW Article 5 17 Refer Scope of Work Clause No.8.0 Extra working beyond 8 working hours (excluding lunch hours) in a day shall be paid on pro- rata for the actual number of hours logged which is subject to a maximum of 260hrs/month. Any additional certification beyond 260 hours in a month due to extra work shall require approval from Regional In-Charge Is there any estimated value fixed by IGL for evaluation of bid? In previous tender No.IGL/ND/C&P/13675 (Article 28.1) it was clearly stated that rates will be compared with igl estimate and bid shall be disqualified in case the quoted rates of bidder is less than 20 % of IGL estimates. Please clarify Article number 1 is contradictory with article 4 and 7.6 of SOW even it is also contradictory with SCC article number 9.4,In article 1 we have to ensure quality compliance of contract specifications &PNGRB Guidelines at the same time in article 4 client shall assign monthly targets for their respective sites on monthly basis in article 7.6 performance of TPIA shall be measured with respect to safety followed at site. Neither material is purchased by TPIA nor working teams (Plumber,helper) are hired by TPIA.Please clarify If STC training card is mandatory,whether we can provide it to inspector after successful completion of 1 month period on site.because an inspector may or may not continue further. Please clarify Whether labour licence is mandatory for TPIA agency? Please clarify Whether IGL will follow minimum wages rules of Over time or not? Please clarify Whether IGL pay for Project coordinator or not? Please clarify Scope of tender is very clear and bidders are expected to go through the tender and quote accordingly. Service provider shall ensure the availability of STC card within 30 days of deployment. Will IGL pay Extra Working beyond 8 working Hours at double the Hourly rate as per labour law or not. If not then, how the IGL Refer Corrigendum#1 is ensuring that all the agency are paying OT at double the rate and ensuring enforcement of labour law. Any requirement beyond normal working hrs. is envisaged in exceptional cases only and shall require prior approval from Regional In-Charge. Payment for Project Coordinator shall be in the scope of bidder. Page 2 of 11

3 Bidder should have experience of deployment of inspectors for supervision / inspection / quality 18 Refer Invitation of Bid (IFB) Clause No. 9.1 surveillance of work for hydrocarbon underground pipeline It is suggested that IGL should invite bids only from PNGRB / above ground hydrocarbon plant piping / city gas accredited or NABCB certified agency under scope sector pipeline execution for City Gas Distribution Projects in 26 for gas supply as per norms of quality council of India which India or abroad and should have successfully executed at are being practiced by Gail India and other agencies to insure least one similar job of worth Rs. 4,66,00,000/- / USD better quality of inspection in CGD projects.. 7,28,000 / EURO 6,15,000 during the last five years. The bidder must submit the PO along with work completion certificate for the same. 19 Refer Instructions to bidders (ITB) A.Introduction 20 Special conditions of contract (SCC) 21 Refer Clause No. 9.1, Pg 7 of Refer Clause No. 4, Pg 54 of 77 The agreed rates shall remain firm & fixed till the expiry of contract and the contractor shall not be entitled to any inflation, escalation or revision (except statutory variation in the rate of GST) or any right to claim Bidder will ensure compliance to all statutory provision with respect to hiring of manpower including compliance to minimum wages. Bidder shall be required to submit an Affidavit that compliances will be done for the entire duration of the contract and he will provide supporting documents at any point of time, if required by IGL. Technical BEC: Bidder should have experience of deployment of inspectors for supervision / inspection / quality surveillance of work for hydrocarbon underground pipeline / above ground hydrocarbon plant piping / city gas pipeline execution for City Gas Distribution Projects in India or abroad and should have successfully executed at least one similar job of worth Rs. 4,66,00,000/- / USD 7,28,000 / EURO 6,15,000 during the last five years. The bidder must submit the PO along with work completion certificate for the same. The agency needs to conduct safety training program for all the inspectors (Old & new joining) on monthly basis for all zones, keep, update and forward records on monthly basis. Moody International Propose 10% escalation in rates for second year, Request to consider the same.it is also suggested that on revision of minimum wages by Gov; the unit rate should also be revised by IGL proportionally effective from the date of revision of minimum wages. Request to enlist the supporting documents required to establish that agency has paid minimum wages and compliance of labour law. Also clarify that labour licence is mandatory for the bidder to execute the assignment. Refer Corrigendum # 1 (Bidder has to quote for first and second year seprately). Please confirm that the work done for any Pipeline project globally for providing QC Surveillance covering the scope of work like Coordination at Project office and site, QA/QC during From your query the relevant scope is 'QA/QC during construction of pipeline, fabrication and welding inspections, construction of pipeline.' witness NDT and material verification & Inspection etc in USD or EURO will also be acceptable. As the agency needs to conduct safety training program for all the inspectors (Old & new joining) on monthly basis for all zones, keep, update and forward records on monthly basis. It is recommended to add 1 Safety Officer in each zone along with Bidder shall take all mesaures to ensure safety at site. the other Field Inspectors. This will help in reducing the accident at site. As for Monthly STC training for each inspectors work progress will be effected. Page 3 of 11

4 23 Refer Clause No. 4, Pg 54 of 77 KNOWLEDGE OF PNGRB & T4S audit to Field Inspectors It is recommended that all the TPI should have attended a 1 day training course by a renowned Trainer on the Overview of PNGRB & T4S Audit activity. Certificate issue by a trainer should be submitted with the TPI Inspector approval. Bidder shall ensure that PNGRB & T4S audit shall be a part of STC training 24 Refer Clause No. 5.0(a), Pg 55 of 77 BE (Mech.) in first class with two years experience in CGD project/ cross country. Looking into the vision of IGL toward quality and Safety, It is recommeded that Degree with Minimum 3 years or Diploma with more than 5 Experience only to be considered. 25 Refer Clause No. 5.0(C), Pg 55 of 77 For Project Coordinator 26 Refer Clause No. 5.0(C), Pg 55 of Refer Clause No. 4, Pg 53 of Refer Clause No.8, Pg 57 of IFB article No-9.1 (Page9 of 77) 30 Mediclaim 31 Existing contractors Bid Security,Page 9 of 77 Minimum qualification of BE/B/Tech (Mech.) with min. 7 yrs experience in City Gas Distribution Project/ Cross country hydrocarbon pipeline. The agency shall be assigned monthly targets (connections/ laying of PE & Steel pipeline) for their respective sites on monthly basis. Extra working beyond 8 working hours (excluding lunch hours) in a day shall be paid on pro- rata for the actual number of hours logged which is subject to a maximum of 260hrs/month. Any additional certification beyond 260 hours in a month due to extra work shall require approval from Regional In-Charge In the SOR there is no separate rate for the Zonal co ordinator required by IGL. As per the requirement Coordinatore is highly qualified as compaired to Field Inspectors. Separate rate may Refer Reply to point no. 16 please be asked. Also please confirm that Coordinator time sheel will also be signed. Looking into the vision of IGL toward quality and Safety, It is recommeded that Project Coordinatro should have Minimum BE 8 years or Diploma with more than 15 Experience Experience in similar field. TPI roll is only quality and Safety. Progess of work is the responsibility of Projects and Contractor. In case TPI is given a target to meet the progess than Quality control may not be possible. TPI will only do the inspection and clear the work done rightly. Clause Is not clear. Please elaborate the maximum monthly Hrs calculation. Also confirm the procedure of Overtime. We are currently working with IGL as a TPIA whether we can submit copy of P.O. and invoice copy in place of work completion certificate? Whether mediclaim policy will be required if we are taking WCP? Is there any criteria that if some contractor is already supplying manpower in IGL that company cannot participate in this tender? The EMD amount has asked for INR 20,00, as a bid security, Requesting IGL to provide us the criteria on which EMD amount has been decided. Refer Reply to point no. 4 Refer Corrigendum # 1 (Any requirement beyond normal working hrs. is envisaged in exceptional cases only and shall require prior approval from Regional In-Charge). Bidder producing IGL work order's for BEC may submit copy of PO and invoices. Refer Corrigendum # 1 The EMD has been calculated based on IGL procedures. Page 4 of 11

5 What is the meaning of verification, As per our understanding, to 33 SCOPE OF WORK, Page 53 of 77 cross check against the scope of work completed, There shall be no involvement of design evaluation, design calculations and design approval 34 As the work has to be allotted to 50:30:20, how the work shall be EVALUATION AND COMPARISON OF allocated to the L1, L2, L3,... bidders in line with the schedule It shall be intended to divide the work volume. PRICES, Page 44 of 67 of rates 35 Tender Document 36 Tender Document EMPLOYMENT LIABILITY OF CONTRACTOR Page 39 of 77 Said contract is for 2 years, if there shall be any requirement of TPI work beyond 2 years, Bidder shall be ready to work with the IGL as an extended arm, Requesting IGL to give us the yearly escalation of 7 %. Kindly Confirm. IGL reserves the right to extend the contract. Since the said tender is for the third-party inspection Agency, requesting IGL to share the list of the deliverables to be issued Being covered in the scope of work. against the daily inspection activities Bidder shall depute all the personnel s / engineers having an adequate Experiences and knowledge, Bidder shall be in a position depute the personnel s on contract basis and make sure that, the personnel shall be on the contract till the tenure of the project. Kindly confirm Please confirm that the experience documents of Parent Company will also be accepted when submitted by the bidder who is 100% Subsidiary of Parent Company. I.e. RINA India Pvt Ltd being the 100% subsidiary of RINA Services SpA from Italy and under the RINA Services and their Internationals offices many similar projects have been executed. In this regard we shall be submitting the Experience of our Parent Company with the Parent / Sister company support guarantee for executing the project. Please confirm the Bid submitted by 100% Subsidiary company using their Parent company Experience will also be acceptable SPECIAL CONDITIONS OF CONTRACT (SCC) 9.0 penalties 32.0 EMPLOYMENT LIABILITY OF CONTRACTOR The proposed inspectors / surveyors doesn t t fall under the provision of the ESIC, all the inspectors are covered under the personnel accidental Insurance. Hence the ESIC requirements is not applicable. Kindly Confirm Bidder shall be able to depute all the inspectors those are on company contracts however, bidder shall make sure that the personnel shall be on the contract till the total tenure of the project. Kindly confirm Page 5 of 11

6 41 Tender Documents QUALIFICATION OF THE PERSONNEL 43 GCC : ARTICLE 3.0 CONFIDENTIALITY : SUB- ARTICLE 3.3 ADD a new bullet point: "Such documents were required to be disclosed by any competent court, governmental agency, or other relevant public authority in accordance with applicable law, court order or other public regulation." All the proposed inspectors falls under the adequate technical domain knowledge and bidder does not depute any labour category personnel hence kindly confirm the requirements of labour certificate and wage registers to be submitted As per the IGL requirements, the project coordinator mandays shall be charged / claimed under the SOR provided to IGL or else please provide us the separate line item for the Project coordinator mandays to be charged extra. Kindly provide The bidder requires the right to disclose such information in the event such information is requested by any competent court, governmental agency or under law. Refer reply to point no. 16 Ref Clause 3.1 of GCC The bidder s computer systems may automatically back-up "Any document, other than the Agreement itself, confidential information disclosed under this agreement. To the GCC : ARTICLE 3.0 CONFIDENTIALITY : SUB- enumerated in GCC Clause 1.1 a) shall remain the property 44 extent such computer back-up procedures create copies of the ARTICLE 3.5 of the Purchaser. Regardless of anything to the contrary in confidential information, the bidder may retain such copies for this Agreement, Contractor shall be entitled to keep one the period they normally archive backed-up computer records. copy of those documents for archive purposes." ADD the following as a new SUB-ARTICLE 3.6: 45 GCC : ARTICLE 3.0 CONFIDENTIALITY "All confidentiality obligations from or in connection with this Agreement will cease to exist after a period of three (3) years from the commencement date of this Agreement." The bidder requires a confidentiality term to be included within the agreement to ensure there is no ambiguity over how long the confidentiality requirements are to remain in force. 46 "All statutory variations, change in law or imposition of It is not reasonable to hold the Contractor liable for increased any new taxes/ duties/ levies by any Central Government/ GCC : ARTICLE 7.0 STATUTORY VARIATION costs arising from such changes which were not foreseeable at State Government/ Civil Agencies shall be to Contractor s : SUB-ARTICLE 7.1 the time the contract was entered into. We require account. However, any such impact on the Contractors reimbursement for any such increase. costs shall be reimbursed by Purchaser against documentary evidence submitted by the Contractor." 47 GCC : ARTICLE 9.0 SUB-CONTRACTING "Contractor shall be able to assign its rights under this The bidder may utilise its other legal entities and freelance contract to any of its affiliates. For the avoidance of doubt, inspectors to perform the scope relating to this contract. the use of freelance personnel is permitted under this Agreement." Page 6 of 11

7 48 GCC : ARTICLE 10.0 DELAYS IN THE CONTRACTOR S PERFORMANCE : SUB- ARTICLE 10.2 REPLACE "or fails to perform any of his obligation under the CONTRACT or in any manner commits a breach of any of the provisions of the CONTRACT" with "or fails to perform any material obligation under the CONTRACT or in any manner commits a material breach of any of the provisions of the CONTRACT" It is unreasonable that the purchaser has the right to terminate the contract if there is a minor breach of contract or minor failure, such as an administrative error. 49 GCC : ARTICLE 10.0 DELAYS IN THE CONTRACTOR S PERFORMANCE : SUB- ARTICLE DELETE "at the risk and cost of the CONTRACTOR, and any of his sureties if any, shall be liable to the PURCHASER for any excess cost occasioned by such work having to be so taken over and completed by the PURCHASER over and above the cost at the rates specified in the schedule of quantities and rate/prices" It is not acceptable for the bidder to assume the risk for a third party s rectification work as the bidder does not have control over the rectification work being performed GCC : ARTICLE 10.0 DELAYS IN THE CONTRACTOR S PERFORMANCE : SUB- ARTICLE GCC : ARTICLE 10.0 DELAYS IN THE CONTRACTOR S PERFORMANCE : SUB- ARTICLE 10.4 GCC : ARTICLE 12.0 TERMINATION FOR DEFAULT : SUB-ARTICLE 12.1 GCC : ARTICLE 13.0 TERMINATION FOR OWNER S CONVENIENCE : SUB-ARTICLE 13.2 & 13.3 (first line) GCC : ARTICLE 14.0 CHANGES IN CONSTITUTION DELETE "at the risk and cost of the CONTRACTOR. The CONTRACTOR and any of his sureties are liable to the PURCHASER for any excess cost over and above the cost at the rates specified in the Schedule of Quantities/ rates, occasioned by such works having been taken over and completed by the PURCHASER" REPLACE "may " with "shall" DELETE "the Contractor s expense, risk and peril" REPLACE "Goods" with "Goods and Services" DELETE ARTICLE 14.0 It is not acceptable for the bidder to assume the risk for a third party s rectification work as the bidder does not have control over the rectification work being performed. The bidder requires the right to rectify its default if it can be corrected. It is not acceptable for the bidder to assume the risk for a third party s rectification work as the bidder does not have control over the rectification work being performed. This agreement is to provide services and therefore this clause should apply also for the provision of services. The bidder is a global service provider operating in over 100 countries. On this basis, we cannot agree to such a provision where we have to obtain IGL's consent before making any change to our constitution. REPLACE with the following: The bidder requires a fully mutual hold harmless indemnity provision to be incorporated into the agreement. "16.0 MUTUAL HOLD HARMLESS INDEMNITY The mutual hold harmless indemnity principle represents industry standard. Page 7 of 11

8 Each party shall indemnify and hold harmless (as the indemnifying party) the other party and the other party s affiliates and subcontractors, and its and their employees and other representatives (as the indemnified party), from and against all claims, damages, losses and expenses in 55 respect of: (i) bodily injury, sickness, disease, or death of GCC : ARTICLE 16.0 CONTRACTOR TO any of the indemnifying party s or its affiliates or Each party is more familiar with and in a better position to INDEMNIFY THE PURCHASER / OWNER subcontractors employees or other representatives; and control, insure and protect its own employees, equipment and (ii) loss of or damage to the indemnifying party s or its property. Each party knows the employees' qualifications and affiliates or subcontractors property or equipment; and the equipment/property parameters better than any other party, (iii) any claim of whatsoever nature arising from pollution so it is more practical for each company to bear responsibility for occurring on the premises of the indemnifying party or their own employees, equipment and property originating from the property and equipment of the indemnifying party; and (iv) any loss or damage suffered by a third party caused by the indemnifying party. The indemnities and limitations set out above shall apply notwithstanding anything to the contrary and howsoever any relevant claims, damages, losses or expenses may 56 GCC : 18.0 OTHER AGENCIES AT SITE ADD the following: "except when the CONTRACTOR is prevented from performing its own WORK due to an act or non-act of another agency." The bidder requires the right to claim for additional costs in the event it is prevented from performing due to an act of another party. This type of risk in not quantifiable. It is not standard practise for dispute resolution mechanisms to contain only a panel of two. There may be instances when the panel of two disagree resulting in a deadlock situation. Page 8 of 11

9 57 58 GCC : 22.0 SETTLEMENT OF DISPUTES : SUB-ARTICLE 22.4 a. GCC : ARTICLE 23.0 LIMITATION OF "In case of dispute or difference arising between the Owner and Contractor relating to any matter arising out of or connected with this agreement, such dispute or difference shall be referred to a panel of three arbitrators. Each party shall nominate one arbitrator for appointment by the Arbitration Committee of the Indian Council of Arbitration or International Center for Alternative Disputes Resolution (ICADR). Where the Respondent fails to nominate an arbitrator within any specified time limit the ICADR may proceed and appoint a party-nominated arbitrator in accordance with the ICADR Rules. The two party-nominated arbitrators shall agree upon the third arbitrator who shall act as Chairman, subject to confirmation and appointment by the ICADR. Should the party-nominated arbitrators fail to agree upon a third arbitrator within 30 days of appointment of the last arbitrator, the Centre shall appoint a third arbitrator to act as Chairman. The award of the arbitrators shall be final and binding on the Parties. appoint a party-nominated arbitrator in accordance with the ICADR Rules. The two party-nominated arbitrators shall agree upon the third arbitrator who shall act as Chairman, subject to confirmation and appointment by the ICADR. Should the party-nominated arbitrators fail to agree upon a third arbitrator within 30 days of appointment of the last arbitrator, the Centre shall appoint a third arbitrator to act as Chairman. The award of the arbitrators shall be final and binding on the Parties. "Except in cases of wilful negligence or wilful misconduct, the Contractor shall not be liable to the Purchaser, whether in contract, tort, negligence, strict liability or otherwise, for any indirect or consequential loss or damage, loss of use, loss of production, or loss of profits or revenue. In the event the Contractor does not agree to select an Arbitrator from the nominated panel of three, we request that such a selection is made by the ICADR The bidder requires that the consequential loss exclusion and the limitation of liability provision is separated for the purposes of clarity. Also, given the potential value of the Agreement we require a numerical value to be incorporated into the limitation of liability. In this instance, we propose an amount of USD 2,000,000 Page 9 of 11

10 Sr. No. Reference GCC : ARTICLE 23.0 LIMITATION OF Description Query Reply to query 58 LIABILITY The aggregate liability of the Contractor howsoever arising under this Agreement, whether under the Contract, in tort or due to negligence or otherwise, shall not exceed an amount equal to 50% of the Contract Price but up to a maximum amount equal to $2,000,000 (Two Million United States Dollars), provided that this limitation shall not apply to the cost of repairing or replacing the Contractor's own defective equipment." 59 GCC : ARTICLE 27.0 INSURANCE iv) REPLACE "policy" with "certificate" GCC : ARTICLE 28.0 DAMAGE TO PROPERTY OR TO ANY PERSON OR ANY THIRD PARTY GCC : ARTICLE 29.0 DATE OF COMING INTO EFFECT GCC : ARTICLE 30.0 RIGHT TO GET SERVICES CARRIED OUT THROUGH OTHER AGENCIES GCC : ARTICLE 32.0 EMPLOYMENT LIABILITY OF CONTRACTOR : SUB-ARTICLE 32.3 GCC : ARTICLE 37.0 CONTRACTOR S SUB- ORDINATE STAFF AND THEIR CONDUCT : SUB-ARTICLE 37.4 DELETE ARTICLE 28.0 REPLACE "of Notification of Award unless otherwise specified in SCC" with "the Agreement is finally signed by both parties" DELETE "and at the risk and cost of the contractor, if the contractor fails to provide the said services any time not up to the satisfaction of Engineer-in-Charge." DELETE SUB-ARTICLE 32.3 DELETE SUB-ARTICLE 37.4 Copies of our insurance policies cannot be issued as we are required by our insurers to keep confidential the terms of their engagement. We will provide copies of actual insurance certificates to show the required insurance coverage is in full force and effect. The indemnity provision for property is covered under the new Article 16 - MUTUAL HOLD HARMLESS INDEMNITY A contract cannot become effective through a notification of award. This is not enforceable under law. It is not acceptable for the bidder to assume the risk for a third party s rectification work as the bidder does not have control over the rectification work being performed. The indemnity provision is covered under the new Article 16 - MUTUAL HOLD HARMLESS INDEMNITY The indemnity provision is covered under the new Article 16 - MUTUAL HOLD HARMLESS INDEMNITY 65 "In case contractor fails to complete the work/ services SCC : ARTICLE 6.0 PRICE REDUCTION LD's should only be applied in the event the delay is actually within stipulated period as defined in allotment letters for SCHEDULE ( PRS ) : SUB-ARTICLE 6.1 caused by the contractor. reasons solely attributed to the contractor then unless such failure is due to force majeure as defined in " 66 SCC : ARTICLE 9.0 PENALTIES DELETE ARTICLE 9.0 PENALTIES The bidder has already agreed to accept liquidated damages in the event the work is delayed. The provision of such a penalty clause is a double penalty provision which is neither acceptable or reasonable. Page 10 of 11

11 67 REPLY TO BIDDER'S PRE-BID QUERIES As discussed in the Pre-Bid meeting on regarding participation of vendors for the tender it was observed that there may be a conflict of interest if vendors working with IGL for other services are appointed as TPIA's as well, in the past similarly the Refer corrigendum # 1 existing vendors for TPI services were restrained to bid for Supervision & PMC services, will similar conditions be applied to this tender Page 11 of 11