MAHARASHTRA NATURAL GAS LIMITED (MNGL) (A JOINT VENTURE OF GAIL (India) Limited & BPCL)

Transcription

1 (MNGL) (A JOINT VENTURE OF GAIL (India) Limited & BPCL) CNG & CITY GAS DISTRIBUTION FOR PUNE BID DOCUMENT FOR RATE CONTRACT FOR THE PERIOD OF 4 YEARS FOR LEASING OF LNG STORAGE, REGASIFICATION, PNG SUPPLY ON 100% LEASE MODEL BASIS INCLUDING LNG TRANSPORTATION UNDER LIMITED INTERNATIONAL COMPETITIVE BIDDING Bid Document No.: MNGL/C&P/ /129 VOLUME I of II

2 INDEX SECTION Section-I Section-II Section-III Section-IV Section-V Section-VI ANNEXURE A ANNEXURE B ANNEXURE C ANNEXURE D ANNEXURE E ANNEXURE F ANNEXURE G ANNEXURE H DESCRIPTION Invitation for Bid Annexure I to IFB : Bidders Eligibility Criteria Instruction to Bidders General Conditions of Contract Special Condition of Contract Scope of Work Schedule of Rates 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 Commitments of the Bidder. Page 2 of 132

3 SECTION - I INVITATION FOR BIDS (IFB) BID DOCUMENT NO.: MNGL/C&P/ /129 Date: To, Dear Sir, M/s Maharashtra Natural Gas Ltd., Pune invites sealed bids UNDER TWO BID SYSTEM for the item(s) in complete accordance with the Bid Documents/ Attachments. The salient terms and conditions of the bid are stated below: I. PROJECT : CNG & City Gas Distribution Project for Nashik II. TYPE OF BID : Limited International Competitive Bidding III. ITEM(S) : Rate Contract for the period of 4 years for Leasing of LNG storage, Regasification, PNG supply on 100% lease model basis including LNG transportation for Nashik GA IV. TIME SCHEDULE : As per Scope of Work V-A. EARNEST MONEY/ : For Indian Bidder : Rs.2,00,000/- BIDSECURITY For Foreign Bidder : USD 2,860/- in the form of Demand Draft/BG to be in favour of Maharashtra Natural Gas Ltd. payable at Pune. V-B. BID SECURITY VALIDITY : 6(SIX) months from bid due date VI. DATE & PLACE OF PRE-BID : at hrs. CONFERENCE Venue as mentioned in Sl. No. XIII VII. DUE DATE OF SUBMISSION : upto 15:00 hrs. OF BID VIII. BID VALIDITY : 4(four) months from the bid due date IX. TECHNO-COMMERCIAL BID : at 16:00 Hrs. OPENING DUE DATE & TIME Page 3 of 132

4 X. VENUE : Address & Contact Nos. given at Sl. No. XIII. XI. TENDER FEE : Not applicable (Non-refundable) XII. BID EVALUATION : As per Annexure I to IFB CRITERIA XIII. ADDRESS FOR : Ganesh Said, Sr. Manager (C&P) CORRESPONDENCE & Maharashtra Natural Gas Ltd. SUBMISSION Plot No. 27, 1 st Floor, OF BID DOCUMENT Narveer Tanajiwadi PMPML Bus Depot Commercial Building, Shivajinagar, Pune Ph. No Fax No XIV. BIDDER ELIGIBILITY : Annexure I to IFB CRITERIA XV. OTHERS: The bidder can download the Bidding Document from MNGL web-site and the downloaded bid document is to be submitted along with an undertaking that the contents of the Bidding Document have not been altered or modified. However bidder may collect the tender document from the address given at Sl. no. XIII. In case you download the tender document and interested to quote, please intimate to us showing your interest immediately along with complete contact address, phone no., fax no., e- mail etc. for correspondence. Owner will inform about Addendum, if any to those who have furnished above information. However, information about Addendum shall also be available on MNGL s website ( ) as an when these are issued. The complete Bidding Document is also available on the web site of MNGL ( Bid Document is non-transferable. 2.0 Bids complete in all respects should reach on or before the BID DUE DATE AND TIME. Bids through Fax/ shall not be considered. Bidder may depute their representative with proper authorization letter to attend of techno-commercial opening of bids. 3.0 The Bid Document calls for offers on single point "Sole Bidder" responsibility basis. Order will be placed on the "Sole Bidder" alone (in whose name the bid document has been issued) who will be responsible for all contractual purposes. Further the bidders are advised to ensure that their offer is on single bidder responsibility basis and in total compliance of scope of supply as specified in Bid Document. Page 4 of 132

5 4.0 The bid should be prepared by the "Sole Bidder" and should be sent to MNGL directly. MNGL reserve the right to reject offers made by intermediaries representatives. 5.0 Bidder shall ensure that Bid Security having a validity of 6(SIX) months from the bid due date, must accompany the offer in the format made available in the Bid Document. 6.0 This Invitation for Bids (IFB) is an integral and inseparable part of the enclosed Bid Document. 7.0 MNGL reserves the right to accept or reject any or all offers without assigning any reason, whatsoever. 8.0 ZERO DEVIATION TENDER Bidder shall note that if any deviations are taken to the under mentioned provisions of Bid Documents by the Bidder the bid is liable to be rejected: - i) Do not meet BEC Criteria ii) Bid Security iii) Performance Security (Contract Performance Bank Guarantee), 10% of Annualized Order value iv) Delivery Period v) Terms of Payment vi) Force Majeure vii) Resolution of Dispute/Arbitration viii) Termination of Contract, ix) Warranty and Guarantee x) Offer not submitted for complete scope of work xi) Firm prices xii) Prices not quoted as per Schedule of Rates formats. xiii) Bidder have been banned by Government of India or any its Agency/ Undertaking/ Department of Government of India. xiv) Bidder is under liquidation. xv) Bidder is under litigation which owner s considers a disqualification. xvi) Bids not conforming to technical specification/requirements. xvii) Any other such provisions if specifically stipulated elsewhere in the Bid Document. xviii) Price Reduction Schedule. However, MNGL reserve the right to request the bidder to withdraw the deviations against above-mentioned provisions of Bid Documents. 9.0 SEALING & MARKING OF BIDS Bids should be submitted in complete accordance with the bid documents / attachments separately in three parts in sealed envelopes super-scribed with the Bid Document Number, due date, item and nature of bid (un-priced, priced), as follows: Part- I : Part- II : Part-III : UNPRICED BID PRICE BID Bid Security & Tender Fees (if applicable) Page 5 of 132

6 The three envelopes, containing Part-I, Part-II & Part-III of offer, shall be duly sealed and respective cutout slip enclosed with this letter as Appendix-A shall be pasted on each envelop. Name & address of the bidder shall be mentioned on each cut-out slip. These three sealed envelopes shall be further kept in a larger envelope & which shall also be duly sealed. Cut-out slip meant for complete offer shall be pasted on it with name and complete address & contact number of the bidder. THIS IS NOT AN ORDER Yours faithfully, for Maharashtra Natural Gas Limited, Pune (Ganesh Said) Sr. Manager (C&P) Encl. 1. Appendix A - 4(four) nos. of Cut-Out slips to be pasted on different sealed envelops of the offer. Note: 2. Vol.-I of II & Vol.-II of II of the Bid Document. Please confirm your intention to quote or not within 7(seven) days. In case not intending to quote then please give your feedback to us. Page 6 of 132

7 BIDDER S ELIGIBILITY CRITERIA ANNEXURE-I to IFB 1.0 BRIEF PROJECT DETAILS MNGL is a joint venture company of M/s GAIL (India) Limited & M/s BPCL. MNGL received authorization from PNGRB to set up city gas distribution network in Nashik-Dhule Geographical area from PNGRB from October MNGL will start lying network of steel and MDPE pipeline to supply PNG to domestic household commercial establishment and industrial customers as well as distribute CNG to Vehicles including setting up of CNG filling stations with its infrastructure in the Nashik & Dhule District. 2.0 SCOPE OF WORK LNG loading & Transportation of LNG from Petronet LNG Dahej Terminal to Nashik by semi-trailers of requisite capacity. Unloading of LNG from semitrailer to stationery storage tank. Providing LNG storage Tanks and Regasification services of requisite capacity at Nashik GA on the piece of land provided by MNGL. Erection and commissioning of LNG Storage Tanks, Regasification units and other related equipment s like LNG pump etc. required for distribution of PNG. Supervision and technical assistance for civil work to be done as per the PESO requirement by MNGL. Detailed engineering and civil drawing, layouts to be provided by the agency to MNGL for carrying out the construction as per the requirement. Agency will have full responsibility of the supervision and project management for civil work. Operation and maintenance of all equipment s for the agreed contract period. Obtaining PESO approval for the site and equipment. Providing PNG supply at bar pressure at the downstream of vaporization unit connected to MNGL Pipeline network. Supply of PNG as per the requirement of MNGL on daily basis (24 hours operation & maintenance). 3.0 BIDDERS ELIGIBILITY CRITERIA 3.1 Technical 1. LNG Transportation: - The bidder should have transported cryogenic liquid gas such as LNG/Ethylene/Liquid hydrogen/liquid nitrogen/liquid Oxygen or any other cryogenic liquid (liquefied at or below -150 deg C) gas through semi-trailer / tanker in last 7 years reckoned from bid due date in domestic/international market. Page 7 of 132

8 In absence of the same bidder can also submit undertaking to appoint a contractor having transported cryogenic liquid through semi-trailer/tanker in last 7 years in domestic/international market. Documentary proof of experience to be submitted along with undertaking and MOU. Bidder can form JV / consortium with company meeting the stated technical criteria including experience of their parent company. 2. LNG Storage and Regasification: - The bidder should have completed / executed at least one single work order / contract for supply, Installation, commissioning, operation and maintenance of at least 1 LNG Storage station in India or Abroad under wet lease having storage capacity of at least minimum 20KL and above for 01-year period. In the absence of the same, bidder can also submit an undertaking by the bidder to appoint a contractor/supplier having completed at least 1 LNG storage station in India or abroad having storage capacity of at least minimum 20 KL and above for 01-year period. Documentary proof of experience to be submitted along with undertaking and MOU. Bidder can form JV / consortium with company meeting the stated technical criteria including experience of their parent company. Documents / Documentary E v i d e n c e required to be provided by participating bidder along with the un-priced bid to qualify / meet the requirements of BEC: BEC Clause no. Description Documents required for qualification 3 Documents Required-Technical Criteria 3.1 Experience a) Detailed work order along with Schedule of Rates. b) Completion certificate issued by end user / Owner (or their consultant wh o has been duly authorized by owner to issue such certificate) OR Execution certificate (issued by the end user / owner / authorized consultant) in place of completion certificate for meeting the stipulated experience criteria. c) In case appointing contractor/ supplier, submit documentary proof of experience along with undertaking and MOU. Page 8 of 132

9 3.2 Financial Turnover The minimum annual turnover achieved by the bidder as per their audited financial results in any one of the last three preceding financial years i.e / 2016, / 2017 and / 2018 shall be as under: Net worth Sl. Group Minimum annual turnover requirement No. For Indian Bidder (in INR) For Foreign Bidder (in US$) 1. Total package basis 3.60 Crores US$ 4,80,000/- Net Worth of the bidder should be positive as per the audited financial statement for the year / Working Capital The minimum working capital of the bidder as per the audited financial statement for year / 2018 shall be as under: Sl. Group Minimum annual Working Capital requirement No. For Indian Bidder (in INR) For Foreign Bidder (in US$) 1. Total package basis 0.72 Crores US$ 96,000/ If the bidder's working capital is inadequate, the bidder should supplement this with a letter from the bidder's Bank, having net worth not less than Rs. 100 Crores / US $ million, confirming the availability of line of credit to cover the inadequacy of working capital required as above. Bidders must submit documentary evidence such as balance sheet & Profit & Loss A/c Statement for last three audited financial years i.e / 2016, / 2017 & / 2018 in support of the above. If the audited financial results of the immediate preceding financial year i.e / 2018 is not available, then the audited financial results of the year immediately prior to / 2018 i.e / 2017 shall be considered for calculation of Annual Turnover, Net Worth and Working Capital as specified at clause 3.2 of financial criteria. Bidders can form JV / Consortium with company meeting the stated financial criteria including experience and support from their parent company. Page 9 of 132

10 In absence of requisite documents, MNGL reserve the right to reject the bid without making any reference to the bidder. 4.0 Evaluation and award of contract: Evaluation shall be done for each options separately at least cost to the Purchaser. Option I: Transportation cost of LNG from LNG terminal at Dahej or any other existing and future terminal in India to Nashik Option II: Leasing of equipment including Comprehensive Operation & Maintenance & regasification of LNG Options III: Transportation cost of LNG from LNG terminal at Dahej or any other existing and future LNG truck loading terminal to Nashik + Leasing of equipment including Comprehensive Operation & Maintenance & regasification of LNG. Option IV: Procurement of LNG Molecules with Transportation cost of LNG from LNG terminal at Dahej or any other existing and future terminal in India to Nashik + Leasing of equipment including Comprehensive Operation & Maintenance & regasification of LNG. Option V: Transportation cost of LNG from LNG terminal at Dahej or any other existing and future LNG truck loading terminal in India to Nashik + Leasing of equipment including Comprehensive Operation & Maintenance & regasification of LNG (Option I + Option II) + Providing land for the LNG storage and regasification unit with all statutory approval & compliance. Optional Offer : Bidder can quote separately for supply of LNG molecules as an optional item in addition to above options. This is not compulsory or mandatory requirement. MNGL reserves the right to award the contract for any of the above options. Page 10 of 132

11 Annexure- I to IFB FORMAT-A ANNUAL TURNOVER Applicant s Legal Name : Date: Tender No.: Each bidder must fill in this form (Single Entity) Annual Turnover data for the last 3 audited financial years. Page of.. Year Currency Amount Exchange Rate (*) Year 1: Amount (INR) (*) Year 2: Year 3: 1. The information supplied should be the Annual Turnover of the applicant. 2. A brief note should be appended describing details as per audited results. 3. Indicate Financial year if it is different from April to March. (*) To filled by Owner Signature of Bidder Page 11 of 132

12 FINANCIAL SITUATION Annexure- I to IFB FORMAT-B Applicant s Legal Name : Date: Tender No.: Each bidder must fill in this form FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR Page of.. Sl. No. Description 1. Current Assets Amount Year Exchange Rate (*) Amount (INR) (*) 2. Current Liabilities 3. Working Capital (1-2) 4. Net Worth Owners funds (Paid up share capital and Free Reserves & Surplus) 5. Profits before taxes 6. Return on Equity (5/4) x 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 period shall be requested or accepted). (*) Applicable for foreign bidders to be filled by Owner. Signature of Bidder Page 12 of 132

13 APPENDIX A CUT-OUT SLIPS (4 NOS.) Page 13 of 132

14 CUT-OUT SLIP 1 DO NOT OPEN-THIS IS A QUOTATION (OUTER ENVELOPE) CLIENT PROJECT : Maharashtra Natural Gas Limited : CNG & City Gas Distribution Project for Pune BID DOCUMENT NO : MNGL/C&P/ /129 ITEM : RATE CONTRACT FOR THE PERIOD OF 4 YEARS FOR LEASING OF LNG STORAGE, REGASIFICATION, PNG SUPPLY ON 100% LEASE MODEL BASIS INCLUDING LNG TRANSPORTATION DUE DATE OF : upto 15:00 Hrs. SUBMISSION & TIME TO, Sr. Manager (C&P) Maharashtra Natural Gas Ltd. Plot No. 27, 1 st Floor, Narveer Tanajiwadi PMPML Bus Depot Commercial Building, Shivajinagar, Pune Ph. No Fax No FROM NAME: ADDRESS PHONE NO. FAX NO. (To be pasted on the outer envelope containing Priced, Unpriced bids along with Bid security/ EMD) Page 14 of 132

15 CUT-OUT SLIP 2 DO NOT OPEN-THIS IS A QUOTATION PART I (UNPRICED BID) CLIENT PROJECT : Maharashtra Natural Gas Limited : CNG & City Gas Distribution Project for Pune BID DOCUMENT NO : MNGL/C&P/ /129 ITEM : RATE CONTRACT FOR THE PERIOD OF 4 YEARS FOR LEASING OF LNG STORAGE, REGASIFICATION, PNG SUPPLY ON 100% LEASE MODEL BASIS INCLUDING LNG TRANSPORTATION DUE DATE OF : upto 15:00 Hrs. SUBMISSION & TIME TO, Sr. Manager (C&P) Maharashtra Natural Gas Ltd. Plot No. 27, 1 st Floor, Narveer Tanajiwadi PMPML Bus Depot Commercial Building, Shivajinagar, Pune Ph. No Fax No FROM NAME: ADDRESS PHONE NO. FAX NO. (To be pasted on the envelope containing Unpriced bid) Page 15 of 132

16 CUT-OUT SLIP 3 DO NOT OPEN-THIS IS A QUOTATION PART II (PRICED BID) CLIENT PROJECT : Maharashtra Natural Gas Limited : CNG & City Gas Distribution Project for Pune BID DOCUMENT NO : MNGL/C&P/ /129 ITEM : RATE CONTRACT FOR THE PERIOD OF 4 YEARS FOR LEASING OF LNG STORAGE, REGASIFICATION, PNG SUPPLY ON 100% LEASE MODEL BASIS INCLUDING LNG TRANSPORTATION DUE DATE OF : upto 15:00 Hrs. SUBMISSION & TIME TO, Sr. Manager (C&P) Maharashtra Natural Gas Ltd. Plot No. 27, 1 st Floor, Narveer Tanajiwadi PMPML Bus Depot Commercial Building, Shivajinagar, Pune Ph. No Fax No FROM NAME: ADDRESS PHONE NO. FAX NO. (To be pasted on the envelope containing Priced bid) Page 16 of 132

17 CUT-OUT SLIP 4 DO NOT OPEN-THIS IS A QUOTATION PART III (BID SECURITY) CLIENT PROJECT : Maharashtra Natural Gas Limited : CNG & City Gas Distribution Project for Pune BID DOCUMENT NO : MNGL/C&P/ /129 ITEM : RATE CONTRACT FOR THE PERIOD OF 4 YEARS FOR LEASING OF LNG STORAGE, REGASIFICATION, PNG SUPPLY ON 100% LEASE MODEL BASIS INCLUDING LNG TRANSPORTATION DUE DATE OF : upto 15:00 Hrs. SUBMISSION & TIME TO, Sr. Manager (C&P) Maharashtra Natural Gas Ltd. Plot No. 27, 1 st Floor, Narveer Tanajiwadi PMPML Bus Depot Commercial Building, Shivajinagar, Pune Ph. No Fax No FROM NAME: ADDRESS PHONE NO. FAX NO. (To be pasted on the envelope containing Bid Security ) Page 17 of 132

18 SECTION II INSTRUCTIONS TO BIDDERS ARTICLE 1: COST OF BIDDING The bidder shall bear all costs associated with the preparation and submission of the bid, and OWNER (MNGL) 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 MNGL in writing or by fax/post at mailing address indicated in the IFB. MNGL 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 MNGL 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 MNGL 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, MNGL 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. Page 18 of 132

19 4.3 In order to afford prospective bidders, reasonable time in which to take the amendment into account in preparing their bids, MNGL 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 MNGL 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 Goods & 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 Goods & service tax shall be indicated in Price Page 19 of 132

20 Schedule, which shall be payable extra against submission of CENVATABLE invoice. 8.3 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 MNGL and will not in any way limit MNGL right to contract on any of the price basis/terms offered basis. 8.4 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 non-responsive. 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 (TECHNO-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. Page 20 of 132

21 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. MNGL 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 : Sr. Manager(C&P) Maharashtra Natural Gas Ltd. 1 st Floor, Plot No. 27, Narveer Tanajiwadi PMPML Bus Depot Commercial Bldg, Shivajinagar, Pune 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. MNGL 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 MNGL 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 MNGL 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. ARTICLE -14 : MODIFICATION AND WITHDRAWAL OF BIDS Page 21 of 132

22 The bidder may modify or withdraw his bid after the bid submission, provided that the modification/withdrawal notice is received by the MNGL prior to the bid due date & time. The bidder s modification or withdrawal notice shall be prepared, sealed, marked and dispatched 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 MNGL 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 MNGL, 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 MNGL, 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 MNGL 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 Page 22 of 132

23 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 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, MNGL 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, MNGL 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. MNGL 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 MNGL and may not subsequently be allowed by the MNGL 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 Page 23 of 132

24 not be sought, offered or permitted during such written clarification of the bid. 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. including Goods & Service tax as applicable under this contract. d) Comparison of Bids will be done as per Cl. No. 4.0 (Evaluation & Award of Contract) of Annexure I to IFB. 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 nonresponsive, 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 Page 24 of 132

25 VI VII VIII IX X XI XII XIII XIV XV Delivery / Completion Schedule Period of validity of bid. 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 annualized order value within 15 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) MNGL reserves the right to accept any bid and to reject any or all bids without assigning any reason. c) MNGL shall not be responsible for any delay, loss or non-receipt of bid. Telex/Fax/Telegraphic offers shall not be accepted. ARTICLE 23 : TAXES & DUTIES: The Quoted rates should be inclusive of all taxes & duties applicable during the contract period except Goods & Service Tax. Goods & Service Tax shall be paid Page 25 of 132

26 extra as applicable from time to time, on submission of documentary evidence/invoice(s) i.e. CENVAT Invoice for availing benefit. The bidder shall indicate in its bid the Goods & Service Tax registration no. and in case the Goods & 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 Goods & Service Tax for the work / services rendered to MNGL, shall specifically mention the Goods & Service Tax registration No. in their Invoice(s). Further, the amount and rate of Goods & Service Tax shall be separately and distinctly specified in the Invoice(s). For payment of Goods & 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 goods & 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 MNGL, Pune. 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 MNGL exclusively through the issue of an Addendum/Corrigendum 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 MNGL Page 26 of 132

27 Subject to Article 16.2, 16.3 & 16.4 no Bidder shall contact MNGL 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 MNGL 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 MNGL 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: MNGL RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS 27.1 MNGL 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 MNGL action In awarding the CONTRACT for the SERVICES, MNGL 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 MNGL 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 Service Order (SO) Completion Period shall be counted from the date of Service Order. 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, MNGL will send to such bidder a Service Order (SO) incorporating the terms and conditions agreed between the parties MNGL will send the SO to the successful bidder, who, within 7 days of receipt of the same, shall sign and return it to MNGL, in token of acceptance of the contract. Page 27 of 132

28 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 MNGL, that MNGL, 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 is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that MNGL 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 MNGL 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., MNGL, Pune. The invoices must be addressed to: Director (Commercial) MNGL, Pune POST ORDER CORRESPONDENCE: All post order correspondence should be addressed to:- Director (Commercial) MNGL, Pune Page 28 of 132

29 SECTION-III GENERAL CONDITIONS OF CONTRACT (GCC-WORKS) Page 29 of 132

30 TABLE OF CONTENTS Sl.No. (i) (ii) Description TABLE OF CONTENTS SUBMISSION OF TENDER GENERAL CONDITIONS OF CONTRACT SECTION-I (DEFINITIONS) 1.0 Definition of Terms SECTION-II (GENERAL INFORMATIONS) 2.0 General Information 2.1 (a) Location of Site (b) Access by Road 2.2 Scope of Work 2.3 Water Supply 2.4 Power Supply 2.5 Land for Contractor's field office, Godown and Workshop 2.6 Land for Residential Accommodation SECTION-III (GENERAL INSTRUCTIONS TO TENDERERS) 3.0 Submission of Tender 4.0 Documents 4.1 General 4.2 All pages to be initialed 4.3 Rates to be in figures and words 4.4 Corrections and Erasures 4.5 Signature of Tenderer 4.6 Witness 4.7 Details of Experience 4.8 Liability of Government of India 5.0 Transfer of Tender Documents 6.0 Earnest Money 7.0 Validity 8.0 Addenda/Corrigenda 9.0 Right of Employer to Accept or Reject Tender 10.0 Time Schedule 11.0 Tenderer's Responsibility 12.0 Retired Government or Company Officers 13.0 Signing of the Contract 14.0 Field Management & Controlling/Coordinating Authority 15.0 Note to Schedule of Rates Policy for Tenders under consideration 16.2 Zero Deviation 17.0 Award of Contract 18.0 Clarification of Tender Document 19.0 Local Conditions 20.0 Abnormal Rates Page 30 of 132

31 SECTION-IV (GENERAL OBLIGATIONS) 21.1 Priority of Contract Documents 21.2 Headings & Marginal Notes 21.3 Singular and Plural 21.4 Interpretation 22.0 Special Conditions of Contract 23.0 Contractor to obtain his own information 24.0 Contract Performance Security 25.0 Time of Performance 25.1 Time for Mobilization 25.2 Time Schedule of Construction 26.0 Force Majeure 26.1 Conditions for Force Majeure 26.2 Outbreak of War 27.0 Price Reduction Schedule 28.0 Rights of Employer to forfeit Contract Performance Security 29.0 Failure by the Contractor to comply with the provisions of the contract 30.0 Contractor remains liable to pay compensation if action not taken under Clause Change in Constitution A Termination of Contract for Death 32.0-B 32.0-C Termination of Contract for Liquidation, Bankruptcy etc. Termination of Contract for Non-Performance and subsequently putting the Contractor on Holiday 33.0 Members of the Employer not individually liable 34.0 Employer not bound by personal representations 35.0 Contractor's office at site 36.0 Contractor's subordinate staff and their conduct 37.0 Sub letting of Works i) Sub contracts for Temporary works etc. ii) List of sub-contractors to be supplied iii) Contractor's liability not limited by Sub-Contractors iv) Employer may terminate sub contracts v) No remedy for action taken under this clause 38.0 Power of Entry 39.0 Contractor's responsibility with Mechanical, Electrical, Intercommunication System, Air Conditioning Contractors and other agencies 40.0 Other Agencies at site 41.0 Notices 41.1 To the Contractor 41.2 To the Employer 42.0 Rights of various Interests 43.0 Patents and Royalties 44.0 Liens 45.0 Delays by Employer or his authorized agents 46.0 Payments if Contract is terminated 47.0 No waiver of Rights 48.0 Certificate not to affect Right of Employer and Liability of Contractor 49.0 Languages & Measures Page 31 of 132

32 50.0 Transfer of Title 51.0 Release of Information 52.0 Brand Names 53.0 Completion of Contract 54.0 Spares SECTION-V (PERFORMANCE OF WORK) 55.0 Execution of Work 56.0 Co-ordination and Inspection of work 57.0 Work in Monsoon & Dewatering 58.0 Work on Sundays & Holidays 59.0 General Conditions for construction & Erection Work 60.0 Alterations in specification, Design & Extra Work 61.0 Drawings to be supplied by the Employer 62.0 Drawings to be supplied by the Contractor 63.0 Setting out works 64.0 Responsibility for Levels and Alignment 65.0 Materials to be supplied by contractor 66.0 Stores supplied by Employer 67.0 Conditions for issue of material 68.0 Materials Procured with assistance of Employer/Return of surplus 69.0 Materials obtained from dismantling 70.0 Articles of Value found 71.0 Discrepancies between instructions 72.0 Action where no specification is issued 73.0 Inspection of Works 74.0 Tests for Quality of Works 75.0 Samples for approval 76.0 Action and Compensation in case of bad work 77.0 Suspension of Work 78.0 Employer may do part of work 79.0 Possession prior to completion 80.0 Twelve months period of liability from the date of issue of completion certificate 80.3 Limitation of Liability 81.0 Care of Works 81.1 Defects prior to taking over 81.2 Defects after taking over 82.0 Guarantee/Transfer of Guarantee 83.0 Training of Employer's personnel 84.0 Replacement of Defective parts & materials 85.0 Indemnity 86.0 Construction Aids, Equipments, Tools & Tackles SECTION-VI (CERTIFICATES AND PAYMENTS) 87.0 Schedule of Rates and Payments i) Contractor's Remuneration ii) Schedule of Rates to be inclusive iii) Schedule of Rates to cover construction equipment, materials, labour etc. iv) Schedule of Rates to cover Royalties, Rents and claims. Page 32 of 132

33 v) Schedule of Rates to cover taxes & duties vi) Schedule of Rates to cover risks of delay vii) Schedule of Rates cannot be altered 88.0 Procedure for Measurement and billing of works in progress 88.1 Billing Procedure 88.2 Secured Advance on materials 88.3 Dispute in mode of measurement 88.4 Rounding of Amounts 89.0 Lump sum in Tender 90.0 Running Account Payments to be regarded as advances 91.0 Notices of Claims for Additional Payments 92.0 Payment of Contractor's bills 93.0 Receipt for Payment 94.0 Completion Certificate 94.1 Application for Completion Certificate 94.2 Completion Certificate 94.3 Completion Certificate Documents 95.0 Final Decision & Final Certificate 96.0 Certificate and Payments No evidence of completion 97.0 Deduction from Contract Price SECTION-VII (TAXES AND INSURANCE) 98.0 Taxes, Duties, Octroi etc Sales Tax/Turnover Tax Statutory Variations Insurance General i) Employees State Insurance Act ii) Workmen Compensation and Employee's Liability Insurance iii) Accident or injury to workmen iv) Transit Insurance v) Automobile vi) General Liability vii) Any other Insurance required under law or regulations by Employer Damage to Property or to any Person or any Third Party SECTION-VIII (LABOUR LAWS) Labour laws Implementation of Apprentices Act Contractor to indemnify the Employer Health and Sanitary Arrangement for worker SECTION-IX (APPLICABLE LAWS AND SETTLEMENT OF DISPUTES) Arbitration Jurisdiction SECTION-X (SAFETY CODES) General Safety Regulations First Aid and Industrial Injuries Page 33 of 132

34 112.0 General Rules Contractor's barricades Scaffolding Excavation and Trenching Demolition/General Safety Care in Handling Inflammable Gas Temporary Combustible Structures Precautions against Fire Explosives Mines Act Preservation of Places Outbreak of Infectious diseases Use of intoxicants Page 34 of 132

35 General Conditions of Contract 1. Definition of Terms: Section- I. Definitions 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 PURCHASER/OWNER/EMPLOYER/COMPANY/MNGL means MAHARASHTRA, incorporated under the Company s act 1956 and having its Registered office at Pune 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 MNGL 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 such other documents constituting the tender and acceptance thereof 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 Page 35 of 132