GAIL Gas Limited (A wholly owned subsidiary of GAIL (India) Ltd)

Transcription

1 GAIL Gas Limited (A wholly owned subsidiary of GAIL (India) Ltd) Tender for Appointment of Internal Auditor for GAIL GAS. Under Limited Domestic Bidding through E-Tendering E-Tender No: BIDDING DOCUMENT NO: GAIL GAS/NOIDA/C&P/IA/PR-2111/ /80 Office: B-35 & 36, Jubilee Towers, 14 th Floor, Sector-1 Noida (U.P).

2 INVITATION FOR BIDS (IFB) Ref.: GAIL GAS/NOIDA/O&M/IA/PR-2111/ /80 Date: 4 th January 2016 To Sub.: Tender for Appointment of Internal Auditor for GAIL GAS. Dear Sir (s), GAIL Gas Limited, Noida here-in-after called OWNER/COMPANY/GAIL GAS invites you to submit your bids UNDER SINGLE STAGE TWO BID SYSTEM for the subject work as detailed below in complete accordance with tender documents enclosed: 1. MODE OF TENDERING: : Limited Domestic Bidding e-tendering through Our Portal 2. EARNEST MONEY DEPOSIT : Rs.120,000.00/-(In the form of DD/BG Payable At Noida (UP) as specified in bid document. 3. PRE BID MEETING : ; Hrs. 4. VENUE FOR PBC : B-35 & 36,Jubilee Towers, 14 th Floor Sector-1, Noida 5. LAST DATE AND TIME FOR UPLOADING OF BID/TENDER ON E-TENDER : ; Hrs. 6. DATE AND TIME FOR OPENING OF TECHNO-COMMERCIAL BID : ; Hrs. 7. TENDER FEE : Not Applicable 8. VALIDITY OF OFFER UPTO : Four (04) months from the date of final bid due date of Opening including extension of bid due date if any. 1. Earnest Money Deposit (EMD) EMD for the amount as mentioned above shall be submitted in the form of crossed Bank Demand Draft drawn on any Nationalized/Scheduled bank in favour of GAIL Gas Limited, payable at State Bank of India, Noida. Alternatively, Earnest Money deposit may also be submitted through Bank Guarantee from any Indian Scheduled Bank or a branch of an International Bank situated in India and registered with Reserve Bank of India as scheduled foreign bank in the proforma attached with the Tender Document. However, other than the Nationalized Indian Banks, the banks whose BGs are furnished must be commercial banks having net worth in excess of Rs. 100 crores and a declaration to this effect should be made by such commercial bank either in the bank guarantee itself or separately on a letter head. Bidder shall attach a scanned copy of EMD in the Technical Part of Tender Documents under the folder EMD. However, bidder must send the original EMD of requisite value as indicated for respective cities/cumulative to GAIL Gas Limited, B-35 & 36, Jubilee Tower, Sector-1, Noida (UP) payable at Noida in a sealed envelope super scribing the Tender Reference number.

3 2.0 CONTRACT PERIOD: The contract period shall be 02 (Two) year to be reckoned from the FOA/Work Order whichever is earlier. 3.0 SUBMISSION OF BIDS: Bids are to be submitted online in our e-tendering System ( Bidder shall submit the Prices (Schedule of rates) as well as the Un-Priced Documents through our e-tendering portal only. Bids submitted by courier/post/in person shall not be accepted in this tender. The Un-Priced Bid and Price Bid shall contain the documents as specified below: 4.0 BID EVALUATION CRITERIA Technical Criteria: 4.01 Experience criteria: a. Bidder should have experienced for conducting internal audit in India during the last 5 years involving financial / technical / system / process i.e. on the functions and activities of a company of Oil & Gas sector/petrochemical sector/fertilizer sector/cgd sector/refinery sector having minimum turnover of Rs.650 crore. b. Bidder should have executed a single order value of minimum Rs.7.50 lacs having experienced as internal auditor as stated above. c. Experience acquired by a bidder as a sub-contractor shall not be considered. d. Bids of Joint Venture/Consortium will not be acceptable. e. 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. f. The bidder shall submit a copy of Work Order and Completion Certificate in support of above qualification criteria from the Owner duly notarized by Notary Public and Chartered Engineer. The completion certificate must indicate work order number, date, scope of work, contract value, contract period and executed value. Financial Criteria: Annual turnover of the bidder should be minimum Rs.15.0 lacs in any of the 3 preceding financial years i.e , , The bidder shall submit Audited Financial statements including Balance sheet and Profit & Loss Account for 3 preceding financial years i.e , , duly certified / attested by notary public with legible stamp. Further, certificate from Chartered Accountant for details of financial capability as per attached format in the tender shall be furnished along with un-priced bid.

4 4.2 EVALUATION OF THE CONSULTANTS: 1. GAIL Gas Ltd. shall evaluate each technical proposal taking into account several criteria like consultant s relevant experience for the assignment, qualifications of the key staff etc. 2. A minimum qualifying marks on technical points to be scored 75% for opening of price bid. 3. The evaluation shall be done on Least Cost Selection (LCS) basis. 4. The technical evaluation of the proposal shall be done on the basis of its responsiveness to the Evaluation of Quality and the average score shall be considered for evaluation. Those securing less than the minimum qualifying marks are rejected, and the proposals of the rest are opened. Format showing details of criteria for competency mapping under technical evaluation of bidders are as follows: Sl. Parameters No. 1 Consultant s specific experience Points on scale of 100 1(a) Specific experience of at least one Internal Audit of the functions and 40 activities of a company/organization with an executed single order value of minimum Rs lacs in a company/organization with more than or equal to Rs.650 crore turnover of any Oil & Gas sector/petrochemical sector/fertilizer sector/cgd sector/refinery sector in India during any of the last 5 years. 1(b) Deviation in Consultant s specific experience as stated above at Sl. No. 1(a) Rejection 2 Financial Strength (Minimum Turnover of Consultancy Firm) 2(a) Above Rs.30 lacs in any of 3 preceding financial years i.e , , (b) Between Rs.15 lacs to 30 lacs in any of 3 preceding financial years i.e , , Below Rs. 15 lacs during 3 preceding financial years i.e , , Rejection Key Personnel 3(a)(i) Deployment of more than one Senior Chartered Accountant with minimum 10 of 10 years post qualification experience for at least 3 working days per quarter. 3(a)(ii) Deployment of one Senior Chartered Accountant with minimum of 10 years 5 post qualification experience for at least 3 working days per quarter. 3(a)(iii) Deviation in 3(a)(ii) Rejection 3(b)(i) Deployment of more than one qualified Chartered Accountant with minimum 10 2 years post qualification experience for at least 10 working days per quarter. 3(b)(ii) Deployment of one qualified Chartered Accountant with minimum 2 years 5 post qualification experience for at least 10 working days per quarter. 3(b)(iii) Deviation in 3(b)(ii) Rejection 3 (i) Deployment of more than one qualified Technical Graduate preferably in 10 Chemical / Petroleum / Mechanical / Electrical / Civil with minimum 2 years post qualification experience for at least 10 working days per quarter. 3 (ii) Deployment of one qualified Technical Graduate preferably in Chemical / 5 Petroleum / Mechanical / Electrical / Civil with minimum 2 years post qualification experience for at least 10 working days per quarter. 3 (iii) Deviation in 3(b)(ii) Rejection 3(d)(i) Deployment of more than two other audit personnel having qualification of Engineering Degree preferably in chemical/petroleum/mechanical/electrical / CA / CMA / CS / MBA in Finance with minimum 1 year experience for at least 10 working days per quarter. 10

5 3(d)(ii) Deployment of two other audit personnel having qualification of Engineering 5 Degree preferably in chemical/petroleum/mechanical/electrical / CA / CMA / CS / MBA in Finance with minimum 1 year experience for at least 10 working days per quarter. 3(d)(iii) Deviation in 3(b)(ii) Rejection 4 Approach and Methodology Approach and Methodology proposed for execution of work 10 Documents required for meeting the above Evaluation of Quality: 1. Consultants Specific experience Marks Required documents for this point has already been covered under BEC. Bidder to submit relevant Work Order Copy/ Letter of Award along with completion certificate as mentioned in the BEC. 2. Financial Strength (Minimum Turnover of Consultancy Firm) marks - Required documents for this point has already been covered under BEC. Bidder to submit Audited Financial statements including Balance sheet and Profit & Loss Account for 3 preceding financial years i.e , , Key Personnel mark Bidder must furnish the following documents:- a) Resume of key personnel by clearly mentioning his / her total experience upto bid due date b) Copies of educational qualification certificates of key personnel c) Proof that the concerned key personnel is a regular employee of the bidder on their payroll or full time employee. All documents pertaining to point nos. 1 & 3 of technical evaluation of bidders should be duly certified / attested by Chartered Engineer and also notarized by notary public with legible stamp. For point no.2 of technical evaluation of bidders, all documents should be duly certified / attested by notary public with legible stamp. Further, certificate from Chartered Accountant for details of financial capability as per attached format in the tender. 5. Documentary proofs for the above points should be submitted along with the UNPRICED BID failing which the offer shall not be considered for further evaluation. 6. SUBMISSION OF BID PART-I UN-PRICED BID (TECHNO-COMMERCIAL BID): The un-priced bid must be complete with the following: All technical and commercial details other than the rate (i.e. identical to Part II with rate blanked out) EMD/Bid bond Bidder shall attach a scanned copy of EMD in the Technical Part of Tender Documents under the folder EMD. However, bidder must send the original EMD of requisite value as indicated for respective cities/cumulative to GAIL Gas Limited, B-35 & 36, Jubilee Tower, Sector-1, Noida (UP) payable at Noida in a sealed envelope super scribing the Tender Reference number. Documentary evidences towards Bidders Eligibility Criteria (BEC) and other documents sought under this tender document.

6 Tender documents should be digitally signed through a valid Class 3 Digital certificate. PART-II PRICED BID (Schedule of Rates): Bidders shall submit the Price Bids strictly as per the format attached with this tender. Bidders shall download the Schedule of rate (SOR) attachment from the e- tender portal and shall use the same format for attaching/ uploading the SOR/Price Bid in our E-tender Portal. It should contain only the schedule of rates complete with rates duly filled in and no terms & conditions should be put in priced bid. Priced bid containing any new/fresh conditions (not mentioned in the un-priced bid) shall be liable for rejection. 7. Bid must be submitted within the stipulated date and time as indicated in the tender. The bid must be valid for 120 days from the final date of Tender closing. 8. Bid submitted manually through post/courier/telex/fax/telegram will not be acceptable. 9. GAIL Gas assumes no responsibility for non-submission of bids by the bidder through our e- Tendering system on account of delay in the submission at the bidders end. Bidders shall ensure that they submit the bid well before the due date and time of bid submission. GAIL Gas shall not be responsible if bidder is not able to submit the bid on account of failure in network/ internet connection at bidders end. Bidder shall obtain the digital certificate (class 3) on their own and GAIL Gas is not at all responsible for bidder not having acquired the Valid Digital Certificate. The Bidders may refer to our addendum to ITB for getting the valid digital certificate. 10. Any bidder who wishes to quote against this tender may download the bidding document from GAIL Gas website ( and submit the Bid complete in all respect online on this website i.e. as per terms & conditions of this tender on or before the due date and time along with an undertaking that the contents of the Bidding Document have not been altered or modified. 11. SUBMISSION OF SCANNED COPIES OF CERTIFICATES/ DOCUMENTARY EVIDENCES: The bidders are required to submit scanned copies of all certificates/documentary evidences towards the proof of meeting the stated Bidder s Eligibility criteria along with the other requisite documents through e-tender system: Scanned copies of all the relevant documents viz. Work order, execution certificate and all the documents as mentioned in the Tender. Scanned copy(ies) of partnership deed (in case of partnership firm) and Articles of association in case of limited company and power of attorney. i) Copy of balance sheet and P & L statement duly signed and stamped by auditors ii) Scanned copy of an undertaking (by the bidders who quotes by down loading the tender from web site) on non - judicial stamp paper of appropriate value duly notarized stating that The contents of the Tender Document have not been modified or altered by M/s (Name of the bidder with complete address). In case, it is found that the tender document has been modified / altered by the bidder, the bid submitted by the M/s (Name of the bidder) shall be liable for rejection. Non-submission of the Scanned copies of the requisite certificates/documents shall render the bid non-responsive and shall be liable for rejection. 12. Please note that this is a zero deviation tender. Bidders are advised to strictly confirm compliance to tender conditions and not to stipulate any deviation / conditions in their offer. Subsequent to bid submission, GAIL Gas will not seek confirmations / clarifications and any

7 bid(s) not in line with tender conditions shall be liable for rejection. Bidders are also requested to submit the documents / confirmations strictly as per the check list enclosed in the tender document. 13. Bidders may depute their authorized representative to attend the bid opening. Bidders selected for opening of their priced bid shall be informed about the date and time of price bid opening. 14. Any change in bid after due date of submission of tender is not allowed. 15. Bidders are advised in their own interest to ensure that their bids are submitted well before the closing date and time of the tender as the e-tendering system will not allow submission of the bid once the closing date and time of the tender has reached. 16. The Bidder is required to submit the bid along with their covering letter under letter head disclosing the name and designation of authorized person signing the bid, complete postal address of firm / company, telephone no., fax no., etc. 17. GAIL Gas reserves the right to accept or reject any or all bids received, at its absolute discretion, without assigning any reason whatsoever. THIS IS NOT AN ORDER. FOR & ON BEHALF OF GAIL Gas Limited, A.I.Borah Sr.Manager (C&P) AB02920@gail.co.in Ph no. : Extn NOTE: 1. Bidders are requested to fill all the Annexures as enclosed in the tender documents. Bidders must digitally sign all the attachment of tender document. 2. Bidders are requested to go through the document named: addendum to ITB which has been made available in our tender. This document shall over-ride & supersede any of the clause(s) found contradictory/conflicting elsewhere in the tender documents. This documents aims at providing guidelines / Instruction to bidders for submitting their bids through e-tendering System.

8 To In-charge (C&P) GAIL Gas Ltd B-35 & 36, 14 TH Floor,Jubilee Tower, Sector-1. Noida. Ph no. : Extn CONSENT LETTER Sub: Bid Document No. GAIL GAS/NOIDA/O&M/IA/PR-2111/ /80. E-tender no Dear Sir, We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/job and/or the information regarding the subject tender. o o 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 No. :. Fax No. : 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:

9 Section-1 Cut out slip

10 Tender Fee/ EMD & Power of Attorney (Each in separate envelope) Bid Document No. : Bid Document No. GAIL GAS/NOIDA/O&M/IA/PR-2111/ /80. E-tender no Item : Tender for Appointment of Internal Auditor for GAIL GAS. Due date & time : ; Hrs From: To: In-Charge (C&P) GAIL Gas Limited, B-35 & 36,Jubilee Tower,14 th Floor, Sector-1 Noida (To be pasted on the outer envelope containing Tender Fee/ EMD & Power of Attorney)

11 Section 2 INSTRUCTIONS TO BIDDERS & ADDENDUM TO INSTRUCTION TO BIDDERS FOR e-tendering

12 Instruction of bidders A. General 1. Scope of Bid The Employer, as defined in the General Conditions of Contract, hereinafter the Employer, wishes to receive bids for the Work as described in Section 5 i.e. Scope of work hereinafter referred to as the Works. The successful bidder will be expected to complete the Works within the period stated in Special Conditions of Contract. 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. The bidder should submit all the relevant documents duly notarized by Notary Public along with the UN-PRICED BID for meeting BEC, failing which their bid shall not be considered for further evaluation and shall be rejected and on demand by GAIL Gas, Bidder should produce the originals to GAIL Gas for verification 2. Eligible Bidders Bidders shall, as part of their bid, submit duly executed power of attorney authorizing the signatory of the bid to bind the bidder. This invitation for bid is open to any bidder and to pre-qualified bidders. A bidder shall not be affiliated with a firm or entity (i) (ii) That has provided consulting services related to the Works to the Employer during the preparatory stages of the Works or of the Project of which the works form a part, or That has been hired (or is proposed to be hired) by the Employer as Engineer/ Consultant for the contract. The bidder shall not be under a declaration of ineligibility by Employer for corrupt or fraudulent practices. The bidder or any member of the Consortium is not put on holiday by GAIL Gas or black listed by any Government Department / Public Sector. Bidders shall submit proposals of work methods and schedule in sufficient detail to demonstrate the adequacy of the bidders proposals to meet the technical specifications and the completion time referred to in Clause 1 above. 3. One Bid per Bidder A firm shall submit only one bid in the same bidding process. No firm can be a subcontractor while submitting a bid individually in the same bidding process. 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. 4. Cost of Bidding

13 The bidder shall bear all costs associated with the preparation and submission of the bid, and GAIL Gas will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 5. Site Visit 5.1 The bidder is advised to visit and examine the Site of Works 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 construction of the Works. The costs of visiting the Site shall be at the bidder s own expense. The bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection. The Employer may conduct a Site visit concurrently with the pre-bid meeting 6. Content of Bidding Document B. Bidding Documents 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 1 Cut-out slips Section 2 Instructions to Bidders Section 3 General Conditions of Contract Section 4 Scope of Work Section 5 Bid form & Schedule of Rates Section 6 Format I, II, IV V, VIII, IX and X Section 7 Disclaimer The bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. The Request for Quotation (RFQ) 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. 7. Clarification of Bidding Documents 7.1 A prospective bidder requiring any clarification (s) of the bidding Documents may notify M/s GAIL Gas Limited in writing or by fax at mailing address indicated in the Request for quotation not later than 08 days prior to the deadline. GAIL Gas may, if deem appropriate, respond in writing to the request for clarification. Written copies of GAIL Gas response (including an explanation of the query but without identifying the source of the query) will be sent to all prospective bidders who have received the bidding documents. Any Clarification or information required by the bidder but same not received by the Employer, fifteen days prior to the bid due date, the same is liable to be considered as no clarification / information required. 7.2 Pre-bid meeting: (If mention in IFB/RFQ). The bidders or their designated representatives are invited to attend the pre bid meeting at the date and place. The bidder is requested, as far as possible, to submit any query by courier or fax/ to reach GAIL Gas not later than one week before the meeting. It may not be

14 practicable at the meeting to answer queries received late but queries and responses/ clarifications will be transmitted in accordance with the following sub- clause. The text of queries raised and responses prepared after pre bid meeting will be transmitted to all the purchasers of the bidding documents and will also be hosted at GAIL Gas website prior to the bid due date. Any modifications of the bidding documents listed in clause 6 of ITB that may become necessary as a result of the pre bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to clause no 8 of ITB and not through the minutes of Pre bid meeting. 8. Amendment of Bidding Documents At any time prior to the bid due date, GAIL Gas 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 notified in writing or by fax or to all prospective bidders, at the address, fax numbers, id provided by the bidder, who have received the Bidding Documents and will be binding on them. In order to afford prospective bidders, reasonable time in which to take the amendment into account in preparing their bids, GAIL Gas may, at its discretion, extend the bid due date. 9. Language of Bid C. Preparation of Bids 9.1 The bid prepared by the bidder and all correspondence/drawings and documents relating to the bid exchanged by bidder and GAIL Gas shall be written in English language. Any printed literature furnished by the bidder may be written in another language so long as accompanied by an ENGLISH translation duly authenticated by the chamber of commerce of Bidders country, in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern. Metric measurement system shall be applied. 10. Documents Comprising the Bid (Changed to the extent of e-tendering- please refer Addendum to ITB) The bid prepared by the bidder shall comprise the following components: Envelope -1: Super scribing Techno-Commercial Un priced Bids (PART-I) (to be submitted in e-tender mode at Collaboration folder) and shall contain the following: Covering Letter mentioning details of submission of tender along with enclosed documents:- Bidder s general details/information as per format F-I. Power of Attorney in favour of person(s) signing the bid that such person (s) is/are authorized to sign the bid on behalf of the bidder and any consequence resulting due to such signing shall be binding on the bidder. Copies of annual Turnover as required in format F-II.

15 Copies of documents as required in F-III A confirmation that prices in requisite formats, strictly complying with the requirement, are in envelope number II Price Bid. Documents establishing the eligibility and conformity to the Bid Documents of all Goods and services, which the bidder proposes to supply under the award. Such document may be, literature, drawing or data and shall also include (a) the detailed description of the Good s essential technical and performance characteristics; (b) a clause by clause commentary on Employer s technical specification and demonstrating supplies substantial responsiveness to the specifications. Bid security for amount specified in IFB and in accordance with Clause 14 of ITB to be furnished either in the form of Cashier s / Banker s cheque / Bank Draft payable to GAIL Gas Ltd. at NOIDA (UP) / Bank guarantee as per format F-IV Certificate as per format F-V Current commitments strictly as per form F-VI. Checklist for bidder as per format F-VII Information duly filled in Format F-VIII Confirmation of no deviation as per Format F-IX. Letter of authority in favour of any one or two of bidder s executives having authority to attend the un-priced and price bid opening on specified dates and venue as per Format F-X. Agreed Terms & Conditions duly filled-in Format F-XI. Bidders are also required to submit copies of latest valid Employees Provident Fund registration certificate, ESIC and service tax registration. Bidder s declaration that they are not under liquidation, court receivership or similar proceedings. Any other information/details required as per bid document. Note: All uploaded documents are required to be digitally signed by authorized person of the bidder. Envelope II: Super scribing Price Bid- Not to Open with Techno- Commercial Un priced Bid PART-II Part-II price Bid: (to be submitted in e-tender mode at SRM): (i) Part-II shall contain Schedule of Rates in prescribed format duly filled in and duly signed and no conditions what so ever. Envelope III: Super scribing Bid Security - PART-III (to be submitted physically) Part-III shall contain original Bid security, (if not submitted on or before the time of pre-bid meeting) and Power of Attorney (in favour of the person who have signed the bid document digitally) in sealed envelope pasted with corresponding Cut - Out Slip. 11. Bid Prices (Changed to the extent of e-tendering- please refer Addendum to ITB

16 11.1 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. Bidder shall quote all inclusive prices for entire scope of work as specified in bid document with single point responsibility basis 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. Bidder shall quote for all the items of Schedule of Rates after careful analysis of cost involved for the performance of the completed item considering all parts of the Bidding Document. In case any activity though specifically not covered in description of item under Schedule of Rates but is required to complete the works as per Scope of Work, Scope of supply, Specifications, Standards, Drawings, General Conditions of Contract, Special Condition of Contract or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity. Items against which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the SOR All duties and taxes including, Works Contract 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. Service tax is to be quoted separately 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 as provided for elsewhere in this tender document 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 Alternative bids shall not be considered Discount/rebate if any, must be included in the quoted price and only discounted price is to be quoted in SOR. In case any bidder offer discount/rebate separately, the same will not be considered for comparative evaluation of their bid vis-à-vis other bid but such discount/rebate will be considered at the time of ordering, if such a bidder still get the order based on the price quoted without discount. 12. Bid Currencies Bidders may submit bid in Indian Rupees only. 13. Bid Validity 13.1 Bids shall be kept valid for 120 days from the final bid due date. A bid valid for a shorter period may be rejected by GAIL Gas as non-responsive 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 tender in all respects. 14. Bid Security (Changed to the extent of e-tendering- please refer Addendum to ITB)

17 14.1 Pursuant to Clause-10, the bidder shall furnish, as part of his bid, bid security in the amount specified in the Request for Quotation (RFQ)/IFB The bid security is required to protect GAIL Gas against the risk of bidder s conduct which would warrant the security s forfeiture, pursuant to Clause-14.6 GAIL Gas shall not be liable to pay any bank charges, commission or interest on the amount of Bid Security. In case Bid Security is in the form of a Bank Guarantee or irrevocable Letter of Credit, the same shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank in case of Indian bidder and from any reputed International bank or Indian scheduled bank in case of foreign bidder. However, in case of Bank Guarantee from banks other than the Nationalized Indian banks, the bank must be commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. Bid Security shall be valid for 2 months beyond the validity of the Bid Any bid not secured in accordance with Clause-14.1 and 14.2 may be rejected by GAIL Gas 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 the period of bid validity prescribed by GAIL Gas, pursuant to ITB Clause The successful bidder s bid security will be discharged upon the bidder s accepting the award & signing the Agreement, pursuant to Clause-34 and furnishing the Contract Performance Security pursuant to Clause The bid security may be forfeited: i) If a bidder withdraws his bid during the period of bid validity. ii) in the case of a successful bidder, if the bidder fails: iii) to accept the Notification of Award/Fax of Intent (FOI) or iv) to furnish Contract Performance Security in accordance with Clause-35. v) to accept arithmetical corrections Bid Security should be in favour of GAIL Gas Limited and addressed to GAIL Gas. In case Bid Security is in the form of Bank Guarantee or Letter of Credit, the same must indicate the Bid Document and the work for which the bidder is quoting. This is essential to have proper co-relation at a later date. The Bid Security shall be in the form provided at F-4 (Bank Guarantee) For Indian Bidders : Central Public Sector Undertakings and firms registered with NSIC are exempted from furnishing bid security provided they are registered for the quoted items up to the monetary limit they intend to quote and subject to their enclosing with their bid a copy of the latest and current Registration Certificate. 15. Format and Signing of Bid(changed to the extent of e-tendering please refer addendum to Instruction to Bidders) 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 shall be signed by a person or persons duly authorized to sign on behalf of the bidder. The name and position 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 initialed 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. 16. Zero Deviation

18 Bidders to note that this is a ZERO DEVIATION TENDER. GAIL Gas will appreciate submission of offer based on the terms and conditions in the enclosed General Conditions of Contract (GCC), Special Conditions of Contract (SCC), Instructions to Bidders (ITB), Scope of Work, technical specifications etc. to avoid wastage of time and money in seeking clarifications on technical/commercial aspects of the offer. Bidder may note that no technical and commercial clarifications will be sought for after the receipt of the bids. Bids with any deviation to the bid conditions shall be liable for rejection. Following is the BID REJECTION CRITERIA: Any deviation to the following clauses will lead to rejection of bid as the bid will be considered as Non-responsive. No technical and commercial clarifications will be sought for such bids. 1. Firm Price 2. EMD/Bid Bond 3. Scope of Work 4. Specification 5. Price Schedule 6. Delivery/ Completion Schedule 7. Period of Validity of bid 8. Arbitration / Resolution of Disputes. 9. Force Majeure 10. Applicable Laws 11. Payment terms 12. Submission of prices in unpriced/technical bid. 13. Any other condition specifically mentioned in the tender documents elsewhere that noncompliance of the clause leads to rejection of bid. 17. E-Payment The invoices must be addressed to: Engineer-In-charge (Noida) B-35 & 36, Jubilee Towers, 13 th Floor Noida (U.P) Bidders have to furnish details of their bank account in the following format: a. Account no. b. Account Type c. Bank Name d. Branch Name and Address e. Branch Code f. MICR Code g. PAN GAIL Gas Limited has initiated payments to suppliers and contractors electronically and to facilitate the payments electronically,. D. Submission of Bids 18. Sealing and Marking of Bids (Changed to the extent of e-tendering- please refer Addendum to ITB) 18.1 a) Bid shall be submitted in the following manner in separately sealed envelopes duly super scribed as below as headings of envelope: Part I - Techno-commercial/ unpriced Bid

19 Part II - Priced Bid Part III Original Bid Security b) Bid must bear the Bid Document No., and the words DO NOT OPEN BEFORE 1500 HRS. ON. In addition to the information required in sub-clause (a) and (b) above, the inner envelopes shall also indicate the name and address of the Contractor Part 'I' shall contain original and one copies of UNPRICED BID complete with all technical and commercial details other than price (with prices blanked out and copies of bid security). All the unpriced bids shall be completely identical in all respects including enclosures and shall be enclosed in separately sealed envelopes duly pasted with the corresponding cut-out slip enclosed. In the event of any discrepancy between them, the original shall govern. The envelope shall also indicate the name of the bidder Part 'II' PRICED BID shall be submitted in one original and one copies with duly filled in Price schedule sealed in a separate envelope duly pasted with the corresponding cut-out slip enclosed. All the priced bids shall be completely identical in all respects. In the event of any discrepancy between them, the original shall govern. Part III BID SECURITY in original shall be submitted sealed in a separate envelope duly pasted with the corresponding cut-out slip enclosed The three envelopes containing PART 'I', PART II and PART `III' should be enclosed in a larger envelope duly sealed and marked pasted with corresponding CUT OUT SLIP enclosed and also bear the name and address of the Bidder. If the outer envelope is not sealed and pasted with the corresponding cut-out slip, GAIL Gas will assume no responsibility for the Bid's misplacement or premature opening Each bidder shall submit only one bid. A bidder who submits more than one bid will be rejected. 19. Deadline for Submission of Bids (Changed to the extent of e-tendering- please refer Addendum to ITB) 19.1 Bids must be received by GAIL Gas at the address specified in the Request for Quotation (RFQ) not later than the date and time stipulated in the RFQ GAIL Gas 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 Gas and the bidders, previously subject to the original deadline will thereafter be subject to the deadline as extended. 20. Late Bids Any bid received by GAIL Gas after the deadline for submission of bids prescribed on main body of RFQ will be rejected and returned unopened to the bidder. 21. Modification and Withdrawal of Bids 21.1 The bidder may modify or withdraw his bid after the bid submission but before the due date for submission, provided that written notice of the modification/withdrawal is received by GAIL Gas prior to the deadline for submission of bids The modification shall also be prepared, sealed, marked and dispatched in accordance with the provisions of Clause 18, with the outer and inner envelopes additionally marked modification or withdrawal, as appropriate. A withdrawal notice may also be sent by telex or cable, but followed by a signed confirmation copy post marked not later than the deadline for submission of bids.

20 21.3 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 E. Bid Opening and Evaluation 22. Bid Opening (Changed to the extent of e-tendering- please refer Addendum to ITB) 22.1 Unpriced Bid Opening: GAIL Gas will open bids, including withdrawals and modifications made pursuant to Clause 21, in the presence of bidders designated representatives who choose to attend, at date, time and location stipulated in the RFQ. The bidders representatives, who are present shall sign a bid opening register evidencing their attendance Priced Bid Opening: GAIL Gas will open the price bids of those bidders who meet the qualification requirement and whose bids are 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 The price bids of those bidders who were not found to be techno-commercially responsive shall be returned unopened after opening of the price bids of techno-commercially responsive bidders. 23. Process to be Confidential 23.1 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. 24. Contacting the Employer 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. 25. Examination of bids and Determination of Responsiveness Prior to the detailed evaluation of bids, the Employer will determine i) whether each bid has been properly signed; ii) is accompanied by the required securities iii) is substantially responsive to the requirements of the bidding documents; iv) and 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

21 (a) (b) (c) That affects in any substantial way the scope, quality, or performance of the Works; 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. 26. Correction of Errors 26.1 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. 27. Evaluation and comparison of prices of previously determined substantially responsive bids shall take into account stipulations given in Article Evaluation and Comparison of Bids 28.1 The evaluation and comparison of bids will be done as per the provisions of the bid evaluation criteria as stated in the RFQ/IFB Bids shall be evaluated on the basis of overall amount quoted to complete the job in all respect. RATES WILL BE INCLUSIVE OF ALL TAXES & DUTIES EXCEPT SERVICE TAX. Applicable Rate of Service Tax shall be mentioned separately in SOR The award of work shall be based on City wise evaluated cost including Service Tax quoted by the bidder. F. Award of Contract 29. Award Subject to Clause 25, GAIL Gas 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. 30 Employer s Right to Accept Any Bid and to reject any or All Bids GAIL Gas 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 GAS ACTION. 31. Notification of Award

22 Prior to the expiration of period of bid validity GAIL Gas 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 Intent will constitute the formation of the Contract. Delivery shall be counted from the date of notification of award / Fax of Intent. The notification of award will constitute the formation of a Contract, until the Contract has been affected pursuant to signing of Contract as per Clause 35 of ITB. Upon the successful bidder s furnishing of contract performance security, pursuant to Clause 36 of ITB, GAIL Gas will promptly notify each unsuccessful bidder and will discharge his bid security, pursuant to Clause 14 of ITB. 32. Signing of Agreement GAIL Gas 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 Gas. The successful bidder shall be required to execute an AGREEMENT in the proforma 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. 33. Contract Performance Security:- Not Applicable 34. Corrupt or Fraudulent Practices 34.1 GAIL Gas 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: 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 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) Bidders are required to furnish the complete and correct information/documents required for evaluation of their bids. If the information/documents forming basis of evaluation is found to be false /forged, the same shall be considered adequate ground for rejection of 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 Gas 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 Gas under the contract such as forfeiture of CPBG/Security Deposit,