GAIL GAS LIMITED (A WHOLLY OWNED SUBSIDIARY OF GAIL (INDIA) LTD.) TENDER FOR WET LEASE OF CNG EQUIPMENTS FOR GAIL GAS CNG STATION

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1 GAIL GAS LIMITED (A WHOLLY OWNED SUBSIDIARY OF GAIL (INDIA) LTD.) TENDER FOR WET LEASE OF CNG EQUIPMENTS FOR GAIL GAS CNG STATION TENDER NO.GAILGAS/NOIDA/CNG/WL-01/09/22 GAIL GAS LIMITED (A Wholly owned subsidiary of GAIL (India) Limited) 2 nd Floor, HHECIL Bldg, A-2, Sector 2, Noida Tel:

2 INDEX SECTION Section-I Section-II Section-III Section-IV Section-V Section VI Section-VII DESCRIPTION Request for Quotation. Instruction to Bidders General Conditions of Contract Special Condition of Contract Scope of Work Technical Specification Schedule of Rates ANNEXURE A ANNEXURE B ANNEXURE C ANNEXURE D ANNEXURE E ANNEXURE F ANNEXURE G ANNEXURE H Agreed Terms and Conditions No Deviation form Contract-Cum- Performance Bank Guarantee Contract Agreement Bid Bond Format Bidder s General Information Details of Similar work done during past five years. Present Comments of the Bidder. 2

3 R e q u e s t f o r Q u o t a t i o n Ref No.: GAIL GAS /NOIDA/CNG/WL-01/09/22 Date: To SUBJECT: Wet Leasing of CNG Equipments for GAIL GAS CNG Stations at Panvel (NH-4)/ Merrut (NH-58) & Vijayawada- Rajamundry Corridor near Kovvur/ Sonipat (NH-1)/ Dewas (NH- 3)/ Kota (NH-12) TENDER NO: GAILGAS/NOIDA/CNG/WL-01/09/22 dtd Dear Sir (s), GAIL GAS LIMITED, A Wholly owned subsidiary of GAIL (India) Limited here-in-after called OWNER/COMPANY/GAIL GAS invites REPUTED Contractor/ Manufacturer / Agency, to submit their bids UNDER TWO BID SYSTEM for the subject work as detailed below in complete accordance with tender documents enclosed: EARNEST MONEY DEPOSIT : Rs. 4,95, (Rupees Four Lac Ninety Five Thousand only) LAST DATE AND TIME FOR RECEIPT OF TENDER : , 14:00 HRS. DATE AND TIME FOR OPENING OF TECHNO-COMMERCIAL BID : , 15:00 HRS. DATE AND TIME FOR PRE BID CONFERENCE : , 11:00 HRS. PLACE OF PRE BID CONFERENCE & RECEIPT : GAIL GAS LIMITED, OF TENDER. 2 nd Floor, HHECIL Bldg, A-2,Sector 2, NOIDA(U. P.)

4 The Earnest Money Deposit (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 New Delhi. 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. BID EVALUATION CRITERIA GAIL GAS expects Bidder to accept all terms and conditions stipulated in this document in its entirety.the Bidder is advised to give the quotation strictly as per the terms and conditions of the bid document. GAIL GAS reserves the right to evaluate and load for the deviation taken as detailed in the bid document. The decision of GAIL GAS regarding the extent of loading shall be final and no request from Bidder in this regard shall be entertained. It may be noted that the price bids of only techno-commercially acceptable Bidders shall be opened. Work Description: The scope of work outlines the minimum requirement for wet leasing of CNG equipment and associated accessories for setting up of a CNG Compressor station and CNG Dispensing station. The Bidder shall; a) Supply, Install, Commission, Operate and Maintain the compressor; b) Supply, Install, Commission and Maintain the dispenser; and c) Supply, Install, Commission, Operate and Maintain all accessories materials such as electrical cable, steel pipes / SS tubes as per the approved layout drawings by statutory authorities, round the clock during the wet lease period. (i.e. Operation of Dispenser is excluded from the scope of bidder). 4

5 Bidders Evaluation criteria for this tender will be as under: 1. Technical Bidders must have executed the job of supply, installation, commissioning, operation & maintenance of atleast one compressor on outright sale / lease basis, having order value of Lakhs in any of last three preceding years. A copy of Work order along with its completion certificate or performance certificate from the Client must be submitted along with technical bid. 2 Financial A. The minimum annual turnover of the bidder as per their audited financial results for any one of the last three financial years i.e , and should be at least Rs Lakhs. Bidder must submit the details in prescribed format provided in the tender document and along with copy of audited Balance Sheet and Profit & Loss account statement for the relevant period along with the technical bid. B. Net worth and Return on equity of the bidder should be positive as per the last audited financial statement i.e Bidder must submit the details in prescribed format provided for in the tender document along with copy of audited Balance Sheet and Profit & Loss account statement for the financial year along with technical bid. C. The Bidder should have minimum working capital of Rs lakhs as per the last audited financial year i.e If the bidder s working capital is inadequate, the bidder should supplement this with a letter from the vendor s bank, having net worth not less than Rs. 100 crores/ US$ 22 million, confirming the availability of line of credit for at least Rs lacs. 3. Bidders must have permanent EPF account & ESIC in its name. All necessary documentary proof in this regards may be furnished along with the offer. 5

6 EVALUATION OF OFFERS The evaluation of all the responsive TECHNO-COMMECRIALLY acceptable offers shall be done on lowest evaluated basis considering all taxes,duties, levies,etc except Service tax,as per the SOR. OTHER CONDITIONS RELATED TO BID EVALUATION (i) (ii) (iii) (iv) (v) (vi) Canvassing in any form will make the bid liable for rejection. Unsolicited clarifications to the offer and/ or change in prices during its validity period would render the bid liable for outright rejection. Bidders are advised to ensure that their bids are complete in all respects and conform to our terms, conditions and Bid Evaluation criteria of Tender. Bids not complying with GAIL GAS requirement may be rejected without seeking any clarifications. Bidders will not be allowed to revise their price/ bid for any subsequent clarification, compliance to tender conditions after submission of bid. Bid should be complete covering the total scope of work indicated in the Bid documents. The incomplete bid will be rejected outright. Work executed by bidder for its own concern shall not be considered for the purpose of meeting qualification criteria in GAIL s standard. The bidders are required to submit the copies of all certificate/documentary evidence duly attested by Gazetted Officer/Officer of Public Sector Enterprises towards the proof of meeting the stated Bidders Evaluation Criteria. Any bidder who meets the Bid Evaluation Criteria (BEC) as mentioned above and wishes to quote against this tender may down load the bidding documents from GAIL S Website ( and submit the bid complete in all respect as per terms & conditions of the contract on or before the due date along with an under taking that the contents of the bidding documents have not been altered or modified. Bidders are advised to strictly confirm compliance to tender conditions and not to stipulate any deviation / conditions in their offer. 6

7 Subsequent to bid submission, GAIL GAS may /may not seek confirmations / clarifications and any 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. Bids complete in all respect must reach this office not later than 1400 hrs on the notified date of closing of the tender. Any excuse regarding late delivery of bid due to any reason whatsoever will not be entertained. 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. Any change in bid after due date of submission of tender will not be considered. Bidders are advised in their own interest to ensure that their bids reach this office well before the closing date and time of the tender as the bids received after the closing date and time of the tender will not be considered. Please confirm that you have received the tender document and will be quoting for the tender items/jobs. In case you are not quoting for the same, please return complete set of tender documents. 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. GAIL GAS reserves the right to accept or reject any or all bids received, at its absolute discretion, without assigning any reason whatsoever. Thanking You, for & on behalf of GAIL GAS LIMITED Dy Gen. Manager(C&P) Enclosed: One set of tender document. 7

8 References: Exhibit A 8 Annual Turn over Form-1 9 Financial Situation Form-II 10 Exhibit B 11 8

9 CONFIRMATION FOR MEETING BIDDERS EVALUATION CRITERIA. Exhibit A TENDER NO.: DESCRIPTION: Wet Leasing of CNG Equipments for GAIL GAS CNG Stations Panvel (NH-4)/ Merrut (NH-58)& Vijayawada- Rajamundry Corridor near Kovvur/ Sonipat (NH-1)/ Dewas (NH- 3)/ Kota (NH-12). SL# GAIL s QUERY BIDDER s REPLY 1. Bidders must have executed the job of supply, installation, commissioning, operation & maintenance of one compressor on outright sale / lease basis, having order value of Lakhs in any of last three preceding years. A copy of Work order along with its completion certificate or performance certificate from the Client must be submitted along with technical bid. 2. The minimum annual turnover of the bidder as per their audited financial results for any one of the last three financial years i.e , and should be at least Rs Lakhs. Bidder must submit the details in prescribed format provided in the tender document and along with copy of audited Balance Sheet and Profit & Loss account statement for the relevant period along with the technical bid. 3. Net worth and Return on equity of the bidder should be positive as per the last audited financial statement i.e Bidder must submit the details in prescribed format provided for in the tender document along with copy of audited Balance Sheet and Profit & Loss account statement for the financial year along with technical bid. 4. The Bidder should have minimum working capital of Rs lakhs as per the last audited financial year i.e If the bidder s working capital is inadequate, the bidder should supplement this with a letter from the vendor s bank, having net worth not less than Rs. 100 crores/ US$ 22 million, confirming the availability of line of credit for at least Rs lakhs. Reply : Reference of documents furnished: Reply : Reference of documents furnished: Reply : Reference of documents furnished: 1. Reply : Reference of documents furnished: Bidders must have permanent EPF account & ESIC in its name. Please note that the documents listed by you above only shall be considered for evaluation of your claim of meeting Bidder Evaluation Criteria. Date: Bidder s signature 9

10 FORM - 1 ANNUAL TURNOVER Annual Turnover data for the last 3 years: Year Year I: Year 2: Year 3: Amount (in Rs.) 1. The information supplied should be the Annual Turnover of the bidder 2. A brief note should be appended describing thereby details of turnover as per audited results. Date : Place: SIGNATURE OF THE BIDDER: NAME: DESIGNATION: SEAL: 10

11 FORM I I FINANCIAL SITUATION Bidder must fill this form Description FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR Current assets 2. Current Liabilities 3. Working Capital (Current Assets current liabilities) (i.e. 1-2) 4. Net Worth Owners funds (Paid up share capital and Free Reserves & Surplus) (NW) 5. Profits before taxes (PBT) 6. Return. on Equity [(PBT/ NW) x 100] i.e.(5/4)x100 Amount (in Rs.) 1. Attached are copies of the audited balance sheets, including all related notes and income statement for the last Audited Financial year, as indicated above, complying with the following conditions. All such documents reflect the financial situation of the bidder Historic financial statements must be audited by a certified accountant. Historic financial statements must be complete, including all notes to the financial statements. Historic financial statements must correspond to accounting periods already completed and audited (no statement for partial periods shall be requested or accepted) Date : Place: SIGNATURE OF THE BIDDER: NAME: DESIGNATION: SEAL: 11

12 ACKNOWLEDGEMENT CUM CONSENT LETTER EXHIBIT-B (Within 7 days of receipt of Bidding document, Bidder shall acknowledge the receipt and confirm his intention to Bid against the enquiry/tender through to txalxo@gail.co.in or per return FAX by filling up the this Format.) To, Sr Manager (C&P) GAIL GAS LIMITED. NOIDA FAX: 011 SUBJECT: Wet Leasing of CNG Equipments for GAIL GAS CNG Stations at Panvel (NH-4)/ Merrut (NH-58) & Vijayawada- Rajamundry Corridor near Kovvur/ Sonipat (NH-1)/ Dewas (NH- 3)/ Kota (NH-12) REF: TENDER NO: Dear Sir, We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/work. We undertake that the contents of the above bidding document shall be kept confidential and further that the drawings, specifications and documents shall not be transferred and that the said documents are to be used only for the purpose for which they are intended. A) We intend to bid as requested for the subject item/work and furnish following details with respect to our quoting office: (i) Postal Address :.. (ii) Telephone Number : (iii) Telefax Number :.. (iv) Contact Person :.. (v) Address :.. B) Details of Contact person: (i) Postal Address :.. (ii) Telephone Number : (iii) Fax Number :.. 12

13 (iv) Contact Person :.. (v) Address :.. C) We are unable to bid for the reasons given below and we are returning back the entire set of bidding documents. Reasons for non-submission of bid: Agency s Name :.. Signature :.. Name :.. Designation :.. Date :.. Seal/Stamp : 13

14 Section - II INSTRUCTIONS TO BIDDERS 14

15 INSTRUCTON TO BIDDER ARTICLE 1: COST OF BIDDING The bidder shall bear all costs associated with the preparation and submission of the bid, and OWNER (GAIL GAS) will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. ARTICLE 2: DOCUMENTS COMPRISING THE BIDS The bid should be prepared by the bidder in English language only and shall comprise the following: a) Unpriced Bid (Part 1) containing all technical details and commercial terms & conditions. b) Priced Bid (Part II) containing the prices offered for the entire scope of work. ARTICLE-3 : CLARIFICATION OF BID DOCUMENT 3.1 A prospective bidder requiring any information or clarification of the Bidding Documents may notify GAIL GAS in writing or by fax/post at mailing address indicated in the RFQ. GAIL GAS will respond in writing to any request for clarification of the Bidding documents which it receives not later than 03 working days prior to the scheduled date of pre-bid meeting. 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 and it will also be hosted on GAIL website. Any clarification or information required by the bidder but same not received by the Owner, at least three working days before the schedule date of Pre-Bid meeting, the same is liable to be considered as no clarification /information required. Bidders desirous to submit its bid on downloaded document have to take into consideration of all the addendum(s) /corrigendum(s) /clarification(s) issued /web hosted, before submitting the bid. ARTICLE-4 : AMENDMENT OF BID DOCUMENT 4.1 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. 4.2 The amendment will be notified in writing or by fax to all prospective bidders who have received the bidding documents and will be binding on them. 15

16 4.3 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. ARTICLE-5 : LANGAUGE OF BID 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, provided that any printed literature furnished by the bidder may be written in another language so long as accompanied by an ENGLISH translation, in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern. Metric measurement system shall be applied. ARTICLE- 6: DOCUMENTS COMPRISING THE BIDS 6.1 The un-priced part of the bid prepared by the bidder shall comprise the following components: a) Details of the experience & Financial criteria as per Bidder Evaluation Criteria along with copy of Work orders & Financial statements. b) Technical details & Commercial details as per bid document. c) Latest valid Employees Provident Fund (EPF) registration certificate. (Applicable for Domestic bidders) d) Power of Attorney in favour of the signatory to the bid. e) Price schedule with price blanked out duly signed. f) Tender document and its amendment (if any) duly signed & stamped on each pages, 6.2 The Priced bid shall contain only the Priced bid for the scope defined in the bid document. ARTICLE - 7: BID FORM The bidders shall complete the Bid Form and the appropriate Price Schedule furnished in the Bid Document, indicating the scope of work, a brief description of the services and prices. ARTICLE - 8: BID PRICE 8.1 The bidder shall quote the prices in the price schedule attached to this Bid document. 8.2 Prices quoted should be inclusive of charges towards complete scope of work, all taxes (except service tax), duties, levies, license fees, wct etc and any other charges to carry out the work as per the scope of work.. Applicable rate of service tax shall be indicated 16

17 in Price Schedule, which shall be payable extra against submission of CENVATABLE invoice. 8.4 Conditional discount, if offered, shall not be considered for evaluation. Bidders separation of the price components as aforesaid will be solely for the purpose of facilitating the comparison of bids by GAIL GAS and will not in any way limit GAIL GAS right to contract on any of the price basis/terms offered basis. 8.5 The cost of any other item / services, which are considered necessary for completion of the job, is deemed to have been included in the prices. ARTICLE 9: PERIOD OF VALIDITY OF BIDS a) 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 the OWNER as nonresponsive. b) In exceptional circumstances, the OWNER may solicit the bidder s consent for an extension of the period of validity. The request and the responses thereto shall be made in writing or by cable or Telex/Fax. A bidder granting the request will not be required, nor permitted to modify substance of his bid or change the price. ARTICLE 10: SEALING AND MARKING OF BIDS Bids are to be submitted separately in two parts in sealed envelope super scribed with the above tender No., due date and nature of bids (Priced or Un priced) as follows: PART-I :UNPRICED BID (COMMERCIAL BID) The un priced bid must be complete with all technical and commercial details other than the rate (i.e. identical to Part II with rate blanked out) but along with EMD/Bid bond and documentary evidences sought under this tender document. One set of tender documents shall also be Signed & Stamped on all the pages and submitted along with un priced bid. PART-II : PRICED BID It should contain only the schedule of rates complete with rates duly filled in and no terms & conditions should be put in priced bid. 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. 17

18 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. Bid through Telex/Fax/Telegram will not be acceptable. GAIL assumes no responsibility for delay, loss or non-receipt of bid sent by post. The envelopes shall be:- a) Addressed to the OWNER at the following address : Dy Gen Manager(C&P) GAIL GAS LIMITED. 2 nd Floor, HHECIL Bldg A-2, Sector 2, NOIDA b) Bearing the Tender No. and the words QUOTATION, DO NOT OPEN. ARTICLE 11: PROFORMA OF AGREED TERMS & CONDITIONS TO BE FILLED DULY SIGNED AND SUBMITTED ALONGWITH THE UNPRICED PART OF THE BID. Enclosed as Annexure-A. ARTICLE - 12: BID DUE DATE Bids must be received at the address specified in the Invitation for Bids (IFB) not later than the date and time specified in the Bid Document. GAIL GAS may, at its discretion, on giving reasonable notice by fax, telex or cable or any written communication to all prospective bidders who have been issued the bid documents, extend the bid due date, in which case all rights and obligations of GAIL GAS and the bidders, previously subject to the bid due date, shall thereafter be subject to the new bid due date as extended. ARTICLE - 13 : LATE BIDS Any bid received by GAIL GAS after the bid due date and time prescribed in Invitation For Bids shall be rejected. Telegraphic/Fax/ offers whether sent directly or submitted by local agent in India will not be considered and shall be rejected. 18

19 ARTICLE -14 : MODIFICATION AND WITHDRAWAL OF BIDS The bidder may modify or withdraw his bid after the bid submission, provided that the modification/withdrawal notice is received by the GAIL GAS prior to the bid due date & time. The bidder s modification or withdrawal notice shall be prepared, sealed, marked and despatched in accordance with the provisions of Article 10. A withdrawal notice may also be sent by or Telefax but must be followed by a signed confirmation copy dated not later than the deadline for submission of Bids. Subject to Article-12, no bid shall be modified subsequent to 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. ARTICLE - 15 : OPENING OF BIDS 15.1 The bids will be opened by the GAIL GAS at their office in the presence of bidder s representatives (duly authorised by a competent person and having the Letter of Authority as per Proforma), who choose to attend, on date, time and venue as mentioned in the Invitation For Bids (IFB). The bidders representatives, who are present, shall sign a register evidencing their attendance The bidder(s) names, modifications, bid withdrawals and such other details as GAIL GAS, at its discretion, may consider appropriate will be announced at the opening & recorded at the time of opening of un-priced bid The Bidder s names, prices of Bids, all discounts offered, modifications and Bid withdrawals and such other details as GAIL GAS, at its discretion, may consider appropriate, will be read out at the time of opening of priced bids of technically and commercially acceptable bidders. ARTICLE - 16 : EVALUATION OF BIDS 16.1 GAIL GAS will examine the bids to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly signed and whether the bids are generally in order Once quoted, bidder shall not make any subsequent price changes, whether resulting or arising out of any technical/commercial clarifications sought regarding the bid within the scope of work, even if any deviation or exclusion may be specifically stated in the bid. Such price change shall 19

20 render the bid liable for rejection. All responses to request for clarifications shall be in writing Unsolicited clarification to the Bid and/or change in price during its validity period would render the Bid liable for outright rejection TECHNO-COMMERCIAL EVALUATION OF BIDS Bids will be evaluated in accordance with the Bid Evaluation Criteria, if given along with the tender. The price bid of only those bidders, who meet the Evaluation criteria and their bids, are found responsive, shall be opened Bids will be evaluated as received and no query will be asked from the bidders. To assist in the examination, evaluation and comparison of bids if it becomes absolutely necessary, GAIL GAS may, at its discretion, ask the bidder for a clarification of its bid. The request for such clarification and the response shall be in writing and no change in the price or substance of bids shall be sought, offered or permitted Prior to the evaluation and comparison of bids pursuant to Article- 19, GAIL GAS will determine the substantial responsiveness of each bid to the bidding documents. For purpose of this Article a substantially responsive bid is one which conforms to all the terms and conditions of the bidding document without material deviations or reservations and including the BEC criteria. GAIL GAS determination of a bid s responsiveness is to be based on the contents of the bid itself without recourse to the extrinsic evidence A bid determined as substantially non-responsive will be rejected by GAIL GAS and may not subsequently be allowed by the GAIL GAS to be made responsive by the bidder by correction of the non-conformity. ARTICLE 17: PRELIMINARY EXAMINATION OF BIDS a) Technical bids, including commercial conditions and variations thereof, if any, shall be scrutinized by OWNER. b) Clarification of bids: After opening of the bids, to assist in the examination, evaluation and comparison of bids, the OWNER may, at its discretion, ask the bidder for a clarification of its bid. The request for such clarification and the response shall be in writing. Change in price or substance of bids shall not be sought, offered or permitted during such written clarification of the bid. 20

21 ARTICLE 18: OPENING OF PRICE BIDS The price bids of the substantially responsive bidders will be opened in presence of bidder / their authorized representative. The price bids of those bidders determined to be not substantially responsive will be rejected. ARTICLE 19: EVALUATION AND COMPARISON OF BIDS a) The OWNER will evaluate and compare the bids previously determined to be substantially responsive. b) Arithmetical errors will be rectified on the following basis :- If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity the unit price shall prevail and the total price will be corrected. If there is a discrepancy between the total amount and the sum of total prices, the sum of the total prices shall prevail and the total bid amount will be corrected. c) Evaluated price of all the bidders, at above, shall be compared together to arrive at the lowest bid. The evaluated price of the bidders shall include total price inclusive of all taxes, duties, levies,etc except Service tax as applicable under this contract. d) Comparison of Bids will be done on basis of summation of percentage weight age of prices worked out for items from sl no. 1 to 6 of SOR. SOR A & SOR-B shall be separately evaluated. Out of the above comparison the lowest bidder shall be considered for award ARTICLE 20: REJECTION CRITERIA Owner requests Bidders to accept all terms & conditions stipulated in this document without taking any deviation for speedy decision. Bidders are requested to note that taking deviation or suggesting modifications to the terms & conditions contained in the bid document may result in bids be considered non-responsive, and the bid is liable for rejections. Deviation in the following clauses shall be rejection criteria :- I Firm Price II EMD III Scope of Work IV Specification V Price Schedule VI Delivery / Completion Schedule VII Period of validity of bid. 21

22 VIII IX X XI XII XIII XIV XV Price reduction schedule Performance Bank Guarantee / Security deposit. Guarantee. Arbitration / Resolution of Dispute Force Majure Applicable laws. EPF registration Any other condition specially mentioned in the tender documents elsewhere that non-compliance of the clause lead to rejection of the bid. Offers with deviation as stipulated below shall be rejected : 1. Validity of offers for less than the period stipulated in the tender document shall be REJECTED. 2. Non-acceptance of ARBITRATION, Firm Prices, Force Majeure, Warranty/ Guarantee, Jurisdiction clauses. 3. Offers with completion schedule longer than the time stipulated as per bid document. 4. Price not quoted as required in the Schedule of Rates. 5. Payment Terms ARTICLE 21: CONTRACT CUM EQUIPMENT PERFORMANCE GUARANTEE The successful bidder shall furnish the contract performance Bank guarantee equivalent to 10% of the order value within 10 days of the receipt of the notification of award from the OWNER the successful bidder shall furnish the contract performance guarantee (CPBG), in accordance with general conditions of the contract in the form provided in the bidding documents at Annexure-II. The bank guarantee towards contract performance shall remain valid as defined in the tender document. ARTICLE 22 : OTHER DETAILS a) Bid documents are non-transferable b) GAIL reserves the right to accept any bid and to reject any or all bids without assigning any reason. c) GAIL GAS shall not be responsible for any delay, loss or non-receipt of bid. Telex/Fax/Telegraphic offers shall not be accepted. d) The payment shall be released electronically. Accordingly you should have Bank account in HDFC, ICICI or SBI bank. Please furnish your A/c details like Account no, Branch name, location etc. address of the Bank. 22

23 ARTICLE 23 : TAXES & DUTIES: The Quoted rates should be inclusive of all taxes & duties applicable during the contract period except Service Tax and Education Cess thereon. Service Tax and Cess thereon shall be paid extra as applicable from time to time, on submission of documentary evidence/invoice(s) ie CENVAT Invoice for availing benefit. The bidder shall indicate in its bid the Service Tax registration no. and in case the Service Tax registration no. is not available, the bidder will give confirmation for obtaining registration with a copy of application for registration. The Contractors liable to pay Service Tax for the work / services rendered to GAIL, shall specifically mention the Service Tax registration No. in their Invoice(s). Further, the amount and rate of Service Tax shall be separately and distinctly specified in the Invoice(s). For payment of service tax, serially numbered invoice / bill shall be issued by the service provider and should also specify following: (i) The name, address and registration number of the service provider (ii) The name and address of the recipient of the taxable service (iii) Description, classification and value of taxable service provided and (iv) The service tax payable on such services ARTICLE 24 : PRE BID MEETING The bidder(s) or his designated representative, who have been issued bid document or who have downloaded bid document from website, are invited to attend a pre-bid meeting which will take place at GAIL Gas Ltd,Noida. Bidder shall carry authority letter while attending above meeting. a. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. Bidders are requested to send their query in advance so that they can be answered in Pre Bid Meeting. b. 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 bidders to whom bid document has been issued. Any modification of the bidding documents that may become necessary as a result of the pre-bid meeting shall be made by the exclusively through the issue of an Addendum/Corrigendum 23

24 and not through the minutes of the pre-bid meeting. c. Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder. ARTICLE - 25: CONTACTING GAIL GAS Subject to Article 16.2, 16.3 & 16.4 no Bidder shall contact GAIL GAS on any matter relating to its Bid, from the time of Bid opening to the time the CONTRACT is awarded. Any efforts by a bidder to influence GAIL GAS in it s bid evaluation, bid comparison or contract award decisions may result in the rejection of the bidder s bid. ARTICLE - 26: AWARD CRITERIA GAIL GAS will award the contract to the successful Bidder whose Bid has been determined to be the lowest evaluated, responsive Bid, provided further that the Bidder is determined to be qualified to satisfactorily perform the Contract. ARTICLE - 27:GAIL GAS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS 27.1 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 the GAIL GAS action In awarding the CONTRACT for the SERVICES, GAIL GAS reserves the right to make the award based on evaluation criteria to one or more Bidders. ARTICLE - 28: NOTIFICATION OF AWARD 28.1 Prior to the expiration of period of bid validity GAIL GAS will notify the successful bidder in writing or by fax, or telex to be confirmed in writing, that his bid has been accepted. The Notification of Award will constitute the formation of the Contract with the issuance of Fax of Intent (FOI) Completion Period shall be counted from the date of Fax of Intent. The notification of award will constitute the formation of a Contract, until the Contract has been affected pursuant to Article ARTICLE - 29: ACCEPTANCE OF ORDER 29.1 After the successful Bidder has been notified that his Bid has been accepted, GAIL GAS will send to such bidder a Letter of Acceptance 24

25 (LOA) incorporating the terms and conditions agreed between the parties GAIL will send the LOA to the successful bidder, who, within 7 days of receipt of the same, shall sign and return it to GAIL, in token of acceptance of the contract. ARTICLE-30: INCOME TAX LIABILITY The bidder will have to bear all income tax liability, both Corporate as well as for their personnel, pursuant to award of contract against this tender. ARTICLE-31: AGREEMENT TO BE FILLED, DULY SIGNED AND SUBMITTED ALONGWITH THE UN-PRICED PART OF THE BID It is expressly understood and agreed by and between...(the Company) and GAIL GAS LIMITED, (A wholly owned subsidiary of GAIL (India) Limited) that GAIL GAS LIMITED, is entering into this 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 and/or GAIL (India) Limited is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that GAIL GAS LIMITED is an independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable Laws of India and general principles of Contract Law. The... (Company) expressly agrees, acknowledges and understands that GAIL GAS LIMITED 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 contract. Accordingly... (Company) hereby expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to sue to Government of India as to any manner, claim, cause of action or thing whatsoever arising of or under this agreement. ARTICLE-32: INVOICE AND PAYMENT All payments against the contract shall be released by Finance & Accounts Dept, GAIL GAS LIMITED, Noida. The invoices must be addressed to: POST ORDER CORRESPONDENCE: Incharge -Finance GAIL GAS LIMITED All post order correspondence should be addressed to:- Chief Operating Officer GAIL GAS LIMITED 25

26 2 nd Floor, HHECIL Bldg A- 2, Sector -2, Noida (UP) ARTICLE-33: GAIL GAS BANKERS AIl s Bankers is/are: State Bank of India Bhikaiji Cama Place Branch New Delhi ARTICLE-34: INTEGRITY PACT Bidder(s) are required to sign the Integrity Pact with GAIL GAS as per format & terms condition enclosed in Annexure-I and to be submitted along with their offer. In case a bidder does not submit duly executed Integrity Pact as per the enclosed format, his bid shall be liable for rejection. 26

27 Section III General Conditions of Contract 27

28 General Conditions of Contract Section- I. Definitions 1. Definition of Terms: 1.1 In this CONTRACT (as here-in-after defined) the following words and expressions shall have the meanings hereby assigned to them except where the context otherwise required The EMPLOYER/COMPANY/GAIL means GAIL (INDIA) LTD., a public limited company, incorporated under the Company s act 1956 and having its Registered office at 16, Bhikaji Cama Place, New Delhi and includes its successors and assigns The "CONTRACTOR" means the person or the persons, firm or Company or corporation whose tender has been accepted by the EMPLOYER and includes the CONTRACTOR's legal Representatives his successors and permitted assigns The ENGINEER/ENGINEER-IN-CHARGE" shall mean the person designated from time to time by the GAIL and shall include those who are expressly authorized by him to act for and on his behalf for operation of this CONTRACT The "WORK" shall mean and include all items and things to be supplied/ done and services and activities to be performed by the CONTRACTOR in pursuant to and in accordance with CONTRACT or part thereof as the case may be and shall include all extra, additional, altered or substituted works as required for purpose of the CONTRACT The "PERMANENT WORK" means and includes works which will be incorporated in and form a part of the work to be handed over to the EMPLOYER by the CONTRACTOR on completion of the CONTRACT "CONSTRUCTION EQUIPMENT" means all appliances/equipment and things whatsoever nature for the use in or for the execution, completion, operation, or maintenance of the work or temporary works (as hereinafter defined) but does not include materials or other things intended to form or to be incorporated into the WORK, or camping facilities "CONTRACT DOCUMENTS" means collectively the Tender Documents, Designs, Drawings, Specification, Schedule of Quantities and Rates, Letter of Acceptance and agreed variations if any, and 28

29 such other documents constituting the tender and acceptance thereof CONSULTANT: means Tractebel Engineers, Brussels who are the consulting engineer to the Employer for this project and having registered office at Avenue Ariane 7, B-1200 Brussels Belgium The "SUB-CONTRACTOR" means any person or firm or Company (other than the CONTRACTOR) to whom any part of the work has been entrusted by the CONTRACTOR, with the written consent of the ENGINEER-IN-CHARGE, and the legal representatives, successors and permitted assigns of such person, firm or company The "CONTRACT shall mean the Agreement between the EMPLOYER and the CONTRACTOR for the execution of the works including therein all contract documents The "SPECIFICATION" shall mean all directions the various technical specifications, provisions attached and referred to the Tender Documents which pertain to the method and manner of performing the work or works to the quantities and qualities of the work or works and the materials to be furnished under the CONTRACT for the work or works, as may be amplified or modified by the GAIL or ENGINEER-IN-CHARGE during the performance of CONTRACT in order to provide the unforseen conditions or in the best interests of the work or works. It shall also include the latest edition of relevant Standard Specifications including all addenda/corrigenda published before entering into CONTRACT The "DRAWINGS" shall include maps, plans and tracings or prints or sketches thereof with any modifications approved in writing by the ENGINEER- IN-CHARGE and such other drawing as may, from time to time, be furnished or approved in writing by the ENGINEER-IN-CHARGE The "TENDER" means the proposal along with supporting documents submitted by the CONTRACTOR for consideration by the EMPLOYER The "CHANGE ORDER" means an order given in writing by the ENGINEER-IN-CHARGE to effect additions to or deletion from and alteration in the works The "COMPLETION CERTIFICATE" shall mean the certificate to be issued by the ENGINEER-IN-CHARGE when the works have been completed entirely in accordance with CONTRACT DOCUMENT to his satisfaction The "FINAL CERTIFICATE" in relation to a work means the certificate regarding the satisfactory compliance of various provision of the CONTRACT by the CONTRACTOR issued by the ENGINEER-IN- CHARGE/EMPLOYER after the period of liability is over DEFECT LIABILITY PERIOD in relation to a work means the specified period from the date of COMPLETION CERTIFICATE upto the date of issue of FINAL CERTIFICATE during which the CONTRACTOR stands responsible for rectifying all defects that may appear in the works executed by the CONTRACTOR in pursuance of 29

30 the CONTRACT and includes warranties against Manufacturing/Fabrication/ Erection/Construction defects covering all materials plants, equipment, components, and the like supplied by the CONTRACTOR, works executed against workmanship defects The "APPOINTING AUTHORITY" for the purpose of arbitration shall be the CHAIRMAN and MANAGING DIRECTOR or any other person so designated by the EMPLOYER "TEMPORARY WORKS" shall mean all temporary works of every kind required in or about the execution, completion or maintenance of works "PLANS" shall mean all maps, sketches and layouts as are incorporated in the CONTRACT in order to define broadly the scope and specifications of the work or works, and all reproductions thereof "SITE" shall mean the lands and other places on, under, in or through which the permanent works are to be carried out and any other lands or places provided by the EMPLOYER for the purpose of the CONTRACT "NOTICE IN WRITING OR WRITTEN NOTICE" shall mean a notice in written, typed or printed characters sent (unless delivered personally or otherwise proved to have been received by the addressee) by registered post to the latest known private or business address or registered office of the addressee and shall be deemed to have been received in the ordinary course of post it would have been delivered "APPROVED" shall mean approved in writing including subsequent written confirmation of previous verbal approval and "APPROVAL" means approval in writing including as aforesaid "LETTER OF INTENT/FAX OF INTENT shall mean an intimation by a Fax/Letter/ to Tenderer(s) that the tender has been accepted in accordance with the provisions contained in the letter "DAY" means a day of 24 hours from midnight to midnight irrespective of the number of hours worked in that day "WORKING DAY" means any day which is not declared to be holiday or rest day by the EMPLOYER "WEEK" means a period of any consecutive seven days "METRIC SYSTEM" - All technical documents regarding the construction of works are given in the metric system and all work in the project should be carried out according to the metric system. All documents concerning the work shall also be maintained in the metric system "VALUE OF CONTRACT or TOTAL CONTRACT PRICE shall mean the sum accepted or the sum calculated in accordance with the prices accepted in tender and/or the CONTRACT rates as payable to the CONTRACTOR for the entire execution and full completion of the work, including change order. 30

31 "LANGUAGE FOR DRAWINGS AND INSTRUCTION" All the drawings, titles, notes, instruction, dimensions, etc. shall be in English Language "MOBILIZATION" shall mean establishment of sufficiently adequate infrastructure by the CONTRACTOR at "SITE" comprising of construction equipments, aids, tools tackles including setting of site offices with facilities such as power, water, communication etc. establishing manpower organisation comprising of Resident Engineers, Supervising personnel and an adequate strength of skilled, semi-skilled and un-skilled workers, who with the so established infrastructure shall be in a position to commence execution of work at site(s), in accordance with the agreed Time Schedule of Completion of Work. "MOBILISATION" shall be considered to have been achieved, if the CONTRACTOR is able to establish infrastructure as per Time Schedule, where so warranted in accordance with agreed schedule of work implementation to the satisfaction of ENGINEER-IN-CHARGE/ EMPLOYER "COMMISSIONING" shall mean pressing into service of the system including the plant(s), equipment(s), vessel(s), pipeline, machinery(ies), or any other section or sub-section of installation(s) pertaining to the work of the CONTRACTOR after successful testing and trial runs of the same. "COMMISSIONING" can be either for a completed system or a part of system of a combination of systems or sub-systems and can be performed in any sequence as desired by EMPLOYER and in a manner established to be made suited according to availability of pre-requisites. Any such readjustments made by EMPLOYER in performance of "COMMISSIONING" activity will not be construed to be violating CONTRACT provisions and CONTRACTOR shall be deemed to have provided for the same. Section-II General Informations 2. General Information 2.1 a) Location of Site: The proposed location of Project site is defined in the Special Conditions of Contract. b) Access by Road: CONTRACTOR, if necessary, shall build other temporary access roads to the actual site of construction for his own work at his own cost. The CONTRACTOR shall be required to permit the use of the roads so constructed by him for vehicles of any other parties who may be engaged on the project site. The CONTRACTOR shall also facilitate the construction of the permanent roads should the construction there of start while he is engaged on this work. He shall make allowance in his tender for any inconvenience he anticipates on such account. Non-availability of access roads, railway siding and railway wagons for 31

32 the use of the CONTRACTOR shall in no case condone any delay in the execution of WORK nor be the cause for any claim for compensation against the EMPLOYER. 2.2 Scope of Work: The scope of WORK is defined in the Technical Part of the tender document. The CONTRACTOR shall provide all necessary materials, equipment, labour etc. for the execution and maintenance of the WORK till completion unless otherwise mentioned in the Tender Document. 2.3 Water Supply: Contractor will have to make his own arrangements for supply of water to his labour camps and for works. All pumping installations, pipe net work and distribution system will have to be carried out by the Contractor at his own cost. Alternatively the Employer at his discretion may endeavour to provide water to the Contractor at the Employer's source of supply provided the Contractor makes his own arrangement for the water meter which shall be in custody of the Employer and other pipe net works from source of supply and such distribution pipe network shall have prior approval of the Engineer-in-Charge so as not to interfere with the layout and progress of the other construction works. In such case, the rate for water shall be deducted from the running account bills. However, the Employer does not guarantee the supply of water and this does not relieve the Contractor of his responsibility in making his own arrangement and for the timely completion of the various works as stipulated. 2.4 Power Supply: Subject to availability, EMPLOYER will supply power at 400/440 V at only one point at the nearest sub-station, from where the CONTRACTOR will make his own arrangement for temporary distribution. The point of supply will not be more than 500 m away from the CONTRACTOR'S premises. All the works will be done as per the applicable regulations and passed by the ENGINEER-IN-CHARGE. The temporary line will be removed forthwith after the completion of work or if there is any hindrance caused to the other works due to the alignment of these lines, the CONTRACTOR will re-route or remove the temporary lines at his own cost. The CONTRACTOR at his cost will also provide suitable electric meters, fuses, switches, etc. for purposes of payment to the EMPLOYER which should be in the custody and control of the EMPLOYER. The cost of power supply shall be payable to the EMPLOYER every month for Construction Works power which would be deducted from the running account bills. The EMPLOYER shall not, however, guarantee the supply of electricity and no compensation for any failure or short supply of electricity will be entertained It shall be the responsibility of the CONTRACTOR to provide and maintain the complete installation on the load side of the supply with due regard to safety requirement at site. All cabling, equipment, installations etc. shall comply in all respects with the latest statutory requirements and safety provisions i.e., as per the Central/State Electricity Acts and Rules etc. The CONTRACTOR will ensure that his equipment and Electrical Wiring etc., are installed, modified, 32