GAIL (India) Limited

Transcription

1 GAIL (India) Limited (A GOVT. OF INDIA UNDERTAKING- A NAVRATNA COMPANY) PO- Pata, Distt. - Auraiya (UP) , Phone: (05683) , , , Fax: (05683) , TENDER DOCUMENTS FOR EPOXY FLOORING IN CENTRAL WORKSHOP & PHW-I BAGGING AND ACID PROOF LINING IN DRAINS /TRENCHES IN DM PLANT & GCU PLANT AT GAIL, PATA (E-DOMESTIC BIDDING) TENDER NO: GAIL/PA11/35358/ /SKG (E-Bid no ) Contact Details: Shri S. K. Gupta, Chief Manager (C&P), GAIL Pata, M/s. GAIL (India) Limited Po- Pata, Distt. Auraiya Phone: /282356, Fax: , sk.gupta@gail.co.in PAGE NO. 1 OF 51

2 L e t t e r I n v i t i n g T e n d e r xsy ¼bafM;k½ fyfevsm ¼Hkkjr ljdkj dk miøe&,d uojru deiuh½ GAIL (India) Limited (A GOVERNMENT OF INDIA UNDERTAKING- A NAVRATNA COMPANY) Ref No.:GAIL/PA11/35358/ /SKG Date: 09/11/2011 To, GAIL WEBSITE VENDOR INDIA. Vendor Code SUBJECT: EPOXY FLOORING IN CENTRAL WORKSHOP & PHW-I BAGGING AND ACID PROOF LINING IN DRAINS /TRENCHES IN DM PLANT TENDER NO: GAIL/PA11/35358/ /SKG (E-Bid No ) Dear Sir (s), GAIL (India) Limited here-in-after called OWNER/COMPANY/GAIL invites you to submit your bids UNDER TWO BID SYSTEM for the subject work as detailed below in complete accordance with tender documents enclosed: MODE OF TENDERING : e-tendering through our portal: ( EARNEST MONEY DEPOSIT : Rs.2,05,000/- (Rupees two lacs five thousand only) DATE, TIME AND VENUE FOR LAST DATE AND TIME FOR RECEIPT OF TENDER : 29/11/2011, 14:30 HRS. DATE AND TIME FOR OPENING OF TECHNO-COMMERCIAL BID : 29/11/2011, 16:00 HRS. Address to which EMD and Tender fee is to be sent (by Speed Post/Courier/Regd. Post/etc.) Central Receipt Section Security Main Gate Building, Pata Complex, GAIL (India) Limited P.O. - Pata, District - Auraiya (U.P.), Pin SUBMISSION OF BIDS: Bids are to be submitted online in our e-tendering System ( Bidder shall submit the Prices (Schedule of rates) as well as the Un-Priced Documents through our e-tendering portal only. Bids submitted by courier/post/in person shall not be accepted in this tender. GAIL assumes no responsibility for non-submission of bids by the bidder through our e-tendering system on account of delay in the submission at the bidders end. Bidders shall ensure that they submit the bid well before the due date and time of bid submission. GAIL shall not be responsible if bidder is not able to submit the bid on account of failure in network/ internet connection at bidders end. Bidder shall obtain the digital certificate (class 3) on their own and GAIL is not at all responsible for bidder not having acquired the Valid Digital Certificate. The Bidders may refer to our addendum to ITB for getting the valid digital certificate. Any bidder who wishes to quote against this tender may down load the bidding document from GAIL s e- Portal website ( and submit the bid complete in all respect online on this website i.e. as per terms and conditions of this tender on or before the due date and time along with confirmation that contents of the bidding document have not been altered or modified. Please note that this is a zero deviation tender. Bidders are advised to strictly confirm compliance to tender conditions and not to stipulate any deviation / conditions in their offer. Subsequent to bid PAGE NO. 2 OF 51

3 submission, GAIL may not seek confirmations / clarifications from the bidders. Bidders are also requested to submit the documents / confirmations strictly as per the check list enclosed in the tender document. Bidders may depute their authorized representative with a authority letter 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 are submitted through e-tendering portal well before the closing date and time of the tender as the e-tendering system will not be allow submission of the bid once the closing date and time of the tender has reached. In case you are not quoting for the same, please send regret letter along with Exhibit B duly filled in with the reasons. 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 reserves the right to accept or reject any or all bids received, at its absolute discretion, without assigning any reason whatsoever. Thanking You, For GAIL (India) Limited (S K GUPTA) Chief Manager (C&P) Enclosed: One set of tender document. NOTE: 1. Bidders are requested to fill all the Annexures as enclosed in the tender documents. Bidders must digitally sign all the attachment of tender document. 2. Bidders are requested to go through the document named: addendum to ITB which has been made available in our tender. This document shall over-ride & supersede any of the clause(s) found contradictory/conflicting elsewhere in the tender documents. This documents aims at providing guidelines / Instruction to bidders for submitting their bids through e-tendering System. PAGE NO. 3 OF 51

4 MASTER INDEX TENDER NO.: GAIL/PA11/35358/ /SKG (E-Bid No ) S. N. DESCRIPTIONS PAGE NOS. 1. Letter Inviting Tender Exhibit A (BEC criteria ) 5 3. Annual Turn over Form Financial Situation Form-II 7 5. Exhibit B (Acknowledgement cum consent letter) 8 6. Instructions to Bidders Addendum to ITB No Deviation Confirmation(Annexure-A) Format of working capital inadequate(annexure-b) Confirmation by bidder towards acceptance of Terms and conditions of tender (annexure C) Certificate Experience details (Annexure- D) Form-42 (Annexure-E) Special Conditions of Contract & Scope of Work Integrity Pact Schedule of Rates (SOR) (Separate Excel file) General Conditions of Contract (Separate file) 1-45 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE NO. 4 OF 51

5 BID EVALUATION CRITERIA (BEC) Exhibit A TENDER NO.: GAIL/PA11/35358/ /SKG (E-Bid No ). JOB: EPOXY FLOORING IN CENTRAL WORKSHOP & PHW-I BAGGING AND ACID PROOF LINING IN DRAINS /TRENCHES IN DM PLANT Technical Criteria: (A) The bidder must have completed at least one single work order of value not less than Rs lacs for Epoxy (Resin) based flooring in Industrial / Public Buildings during preceding 7 years from scheduled bid closing date. Along with the techno-commercial bid, the bidder must submit the proof of experience by providing the copies of Work Order and its Completion Certificate issued by end user duly notarized / attested by Gazetted officer/ officer of Public Sector Enterprises. The Completion Certificate must contain the reference of work order no., and completed value and actual date of completion of work. A Job executed by a bidder for its own plant/projects cannot be considered as experience for the purpose of meeting BEC of the tender. However, jobs executed for Subsidiary/Fellow subsidiary / Holding company will be considered as experience for the purpose of meeting BEC subject to submission of tax paid invoice (s) duly certified by Statutory Auditor of the bidder towards payments of statutory tax in support of the job executed for Subsidiary/Fellow subsidiary/ Holding company. Such bidders to submit these documents in addition to the documents specified to meet BEC. (B) The experience criteria of those bidders (who have worked as sub-contractors) may be considered as meeting the above BEC subject to their submitting the Copy of work order along with SOR issued by main contractor and Copies of completion certificates from the end user / owner and also from the main contractor duly notarized / attested by Gazetted officer/ officer of Public Sector Enterprises. The completion certificate shall have details like work order no. / date, brief scope of work, ordered and executed value of the job, completion date etc. Financial Criteria: (C) The Annual Turnover of the bidder should be at least Rs lacs or more in any one of the preceding three financial years (FY) ending as on (i.e , , ). Bidder must submit attested copies of audited balance sheet and profit & loss a/c for the financial year , , (D) The bidder must have POSITIVE Net Worth as per the audited financial result for the financial year Bidder must submit attested copy of audited balance sheet and profit & loss a/c for the financial year (E) The bidder should have Working Capital of at least Rs lacs or more as per the audited financial result for the financial year If the working capital of the bidder is less than Rs lacs, then the bidder should supplement this with letter from bank, having net worth not less than Rs.100 crores, confirming the availability of line of credit for at least Rs lacs. All the documents submitted in support of above Bid Evaluation Criteria must be submitted along with the technical part of the bid and must be duly notarized / attested by Gazetted officer/ officer of Public Sector Enterprises. The bidder should meet the above BEC as on the bid due date of submission. Non compliance of BEC will be considered as rejection criteria. PAGE NO. 5 OF 51

6 FORM I ANNUAL TURNOVER Bidder s Name: Annual Turnover data for the last 3 audited financial years: Financial Year Amount (Rs.) FY FY FY 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: Seal & signature of bidder: Name: Designation: PAGE NO. 6 OF 51

7 FORM II FINANCIAL SITUATION Bidder must fill this form Bidder s Name: FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR 1. Current assets 2. Current Liabilities Description FY Working Capital (Current Assets less current liabilities) 4. Net Worth Owners funds (Paid up share capital and Free Reserves & Surplus) (NW) 5. Profits before taxes (PBT) Amount 1. Attached copies of the audited balance sheets, including all related notes and income statement for the 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: Seal & signature of bidder: Name: Designation: PAGE NO. 7 OF 51

8 ACKNOWLEDGEMENT CUM CONSENT LETTER EXHIBIT-B (Within 7 days of receipt of from GAIL for participation, Bidder shall acknowledge the receipt and confirm his intention to Bid against the enquiry/tender through to sk.gupta@gail.co.in per return FAX by filling up the this Format.) To, S. K. GUPTA CM (C&P) GAIL (India) Ltd. Pata Phone: EXT30382/ FAX: SUBJECT: TENDER FOR EPOXY FLOORING IN CENTRAL WORKSHOP & PHW-I BAGGING AND ACID PROOF LINING IN DRAINS /TRENCHES IN DM PLANT REF: TENDER NO.: GAIL/PA11/34412/ /SKG (E-Bid No ) Dear Sir, We hereby confirm that we will upload our bid in your e-portal. 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 :... (iv) Contact Person :... (v) Address :... Agency s Name :.. Signature :.. Name :.. Designation :.. Date :.. Seal/Stamp : PAGE NO. 8 OF 51

9 INSTRUCTIONS TO BIDDERS 1.0 BIDDING DOCUMENT, CLARIFICATION AND ADDENDUM 1.1 BIDDING DOCUMENT Tender document is to be downloaded and Bid shall be submitted through e-tendering system. Bidder shall submit the Tender Document digitally signed Transfer of bidding document issued to one intending bidder to another is not permissible Bid shall remain valid for 3 (Three) months from the final due date of opening of bids. A bid valid for a shorter period may be rejected by GAIL as non-responsive A firm shall submit only one bid in the same bidding process. A bidder who submits or participates in more than one bid will cause all the proposals in which the bidder has participated to be disqualified The bidder shall bear all costs associated with the preparation and submission of the bid, including costs and expenses related to visits to the site and GAIL will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process The bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. The Invitation for Bids (IFB) together with all its attachments thereto, shall be considered to be read, understood and accepted by the bidders. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at bidder s risk and may result in the rejection of his bid In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request that the bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by fax / . A bidder may refuse the request without forfeiture of his bid security. A bidder agreeing to the request will not be permitted to modify his bid, but will be required to extend the validity of its bid security for the period of the extension. 1.2 CLARIFICATION REQUESTS BY BIDDER Although the details presented in this Bidding document consisting of conditions of contract, scope of work, technical specifications and drawings have been compiled with all reasonable care, it is the Bidder s responsibility to ensure that the information provided is adequate and clearly understood Bidder shall examine the bidding documents thoroughly in all respect Any failure by Bidder to comply with the aforesaid requirement shall not excuse the Bidder, after subsequent award of contract, from performing the work in accordance with the agreement A prospective bidder requiring any clarification(s) of the Bidding Documents may notify GAIL in writing or by fax or at GAIL s mailing address indicated in the Invitation for Bids not later than 15 days prior to the deadline. GAIL may respond in writing, if deem appropriate to the request for clarification. GAIL s response (including an explanation of the query but without identifying the source of the query) will be uploaded in e-portal. Any Clarification or information required by the bidder but same not received by the Employer, fifteen days prior to the bid due date, the same is liable to be considered as no clarification/information required. [In case there is provision of pre-bid conference, all questions/queries should be referred to GAIL on or before scheduled date of pre-bid conference. The questions/queries received by GAIL prior to pre-bid conference will be addressed in the pre-bid conference & no separate communication will be sent to bidders.] 1.3 AMENDMENT OF BIDDING DOCUMENT At any time prior to the bid due date, GAIL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the bidding documents The amendment will be notified in writing or by fax or to all prospective bidders, at the address, fax numbers, id provided by the bidder. Simultaneously the same will be hosted in e-tender portal. PAGE NO. 9 OF 51

10 1.3.3 In order to afford prospective bidders, reasonable time in which to take the amendment into account in preparing their bids, GAIL may, at its discretion, extend the bid due date. 1.4 CONFIDENTIALITY OF DOCUMENT Bidder shall treat the Bidding document and contents thereof as confidential. 1.5 ACKNOWLEDGEMENT & CONFIRMATION OF BID Within 7 days of receipt of from GAIL requesting participation by the bidder in tender, Bidder shall acknowledge the receipt and shall confirm his intention to Bid for the Bidding work through to sk.gupta@gail.co.in return mail/fax. 2.0 EARNEST MONEY DEPOSIT 2.1 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 (India) Limited, payable at State Bank of India, Pata (Branch Code 1937), Auraiya (U.P.). 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. Public Sector Undertakings and firms registered with NSIC are exempted from furnishing bid security provided they are registered for the quoted items they intend to quote. Small Scale Industries units registered with the NSIC, under its Single Point Registration scheme, shall be exempted from submission of EMD/Bid bond. Bank guarantee towards EMD shall be valid for 03 (Three) months beyond the validity of bid. Bank guarantee shall be revalidated for extended period as required by GAIL in writing. 2.2 If the bidder, after submission, revokes his bid or modifies the terms and conditions thereof during the validity of his bid except where the GAIL has given opportunity to do so, the earnest money submitted by Bidder will, in such case, not be refunded to him. 2.3 GAIL may at any time cancel or withdraw the invitation to bid without assigning any reason and the earnest money submitted by Bidder will in such case be refunded to him. 2.4 Earnest money shall be returned to the successful Bidder after the security deposit has been furnished by him to GAIL. 2.5 EMD shall be sent to GAIL (India) Limited, PO- Pata, Dist- Auraiya, U. P in a sealed envelope super scribing the envelope with EMD, Tender Reference, due date & time of opening of bid etc. The Original Copy of EMD shall reach GAIL on or before the due date and time of bid submission but not later than one week from bid opening date failing which GAIL may reject the bid. 3.0 SCHEDULE OF RATES 3.1 The schedule of Rates shall be read in conjunction with all other sections of bidding document. 3.2 The basic unit rates quoted by the bidder shall be firm and fixed for the completion period of the tendered works, unless stated otherwise. The unit rates quoted by the Bidder shall include all taxes, duties & levies except service tax and cess thereon. 3.3 Rates must be filled in format for schedule of rates enclosed as part of bidding document. If quoted in separate typed sheets and any variation in description, unit is noticed, the bid is liable to be rejected. In any case bidder shall be presumed to have quoted against the description of work and the same shall be binding on the bidder. 3.4 In case any activity though specifically not covered in description of Schedule of Rates but is required to complete the work as per Scope of Work, Scope of Supply, Specifications, Standards, Drawings, General Conditions of Contract, Special condition of contract or any other part of bidding document, the quoted rates will deemed to be inclusive of cost incurred for such activity. PAGE NO. 10 OF 51

11 3.5 The rates shall include all expenditure incurred towards mobilization and demobilization. 3.6 Rates quoted shall be in Indian Rupees. 4.0 DOCUMENTS COMPRISING THE BID 4.1 The bid prepared by the bidder and all correspondence/drawings and documents relating to the bid exchanged by bidder and GAIL shall be written in English language. Bidder is advised that GAIL intend to fully evaluate the technical and un-priced commercial submissions. 4.2 It is important that Bidder clearly demonstrates his experience and capability, giving to GAIL a high level of confidence that if awarded, the Bidder will be able to perform the works within the stipulated Time Schedule and quoted price and meeting all other requirements listed in the Bidding document. 4.3 Bidder is requested to furnish the complete and correct information required for evaluation of his Bid. If the information with regard to resources and concurrent commitments or any other information / documentation forming basis of evaluation is found in complete / incorrect the same may be considered adequate ground for rejection of the bid. 4.4 Bidder shall submit his bid on line in our e-tendering system ( in the following manner: i) PART-I TECHNICAL AND UN-PRICED COMMERCIAL PART (TECHNO-COMMERCIAL BID) Technical and un-priced commercial part shall comprise the attachments, specifying attachment number arranged in the order as follows: a) Submission of bid letter along with Bidding document (Tender document), Earnest Money Deposit and its details. b) Attested copies of documents as mentioned in Request for Quotation c) Copy of tender document duly digitally signed through a valid class-3 digital certificate in accordance with clause 6 & 12 of Addendum to ITB and uploaded in GAIL e-tender portal towards acceptance to terms and conditions of the tender. d) Power of Attorney in favour of authorized signatory of the Bidding document and w.r.t addendum to ITB clause no. 6 & 12. e) Copy of Schedule of Rates without any prices (which will be left bank) duly digitally signed. f) Technical offer if any required as per bidding document. g) Confirmation towards acceptance of terms and conditions of tender (Annexure-C) h) Documents towards meeting BEC (bid evaluation criteria) i) Duly signed and stamped copy of NO DEVIATION CONFIRMATION as per Annexure-A j) Integrity Pact duly signed and witness signature which is to be uploaded in e- portal as well as sent original by post k) Documents towards proprietorship/partnership/company etc. (Self declaration towards Proprietorship / partnership deed towards partnership firm / certificate of incorporation towards company. l) Any other relevant document, Bidder desires to submit. ii) PART-II PRICED COMMERCIAL PART (PRICE BID) a) Priced commercial Part shall contain only Schedule of Rates duly filled in. b) No stipulation, deviation, terms & conditions, presumption, basis or any documents etc. shall be stipulated / submitted in Price part of bid. GAIL shall not take cognizance of any such statement and may at their discretion reject such price bids. c) Bidder shall quote for all the items of Schedule of Rates after careful analysis of cost involved for the performance of the completed item PAGE NO. 11 OF 51

12 5.0 SUBMISSION OF BID: considering all parts of the Bidding Document. In case any activity though specifically not covered in description of item under Schedule of Rates but is required to complete the works as per Scope of Work, Scope of supply, Specifications, Standards, Drawings, General Conditions of Contract, Special Condition of Contract or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity. Items against which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the SOR. d) Bidders are advised NOT to mention Rebate/Discount separately, either in the SOR format or anywhere else in the offer. In case bidder(s) intend to offer any Rebate/Discount, they should include the same in the item rate(s) itself under the Schedule of Rates (SOR) and indicate the discounted unit rate(s) only. If any unconditional rebate has been offered in the quoted rates, same shall be considered in arriving at the net tendered amount. No cognizance shall be taken for any conditional discount for the purpose of evaluation of the bids. If any bidder offers suo-motto discount after opening of price bids, such reduction/discount shall not be considered for evaluation. However, if the bidder happens to be the lowest evaluated bidder without considering such discount then the benefit of discount will be availed at the time of award of work. In the event as a result of techno-commercial discussions or pursuant to seeking clarifications/confirmations from bidders, while evaluating the unpriced part of the bid, any of the bidders submits a sealed envelope stating that it contains revised prices, such bidder(s) will be requested to withdraw the revised prices failing which the bid will not be considered for further evaluation. 5.1 Un-priced and priced part must be submitted on line in our e-tendering system ( as mentioned in clause 4.4 above. EMD shall be sent to GAIL (India) Limited, PO- Pata, Dist- Auraiya, U. P in a sealed envelope super scribing the envelope with EMD, Tender Reference, due date & time of opening of bid etc. The Original Copy of EMD shall reach GAIL on or before the due date and time of bid submission but not later than one week from bid opening date failing which GAIL may reject the bid. 5.2 AGREED TERMS & CONDITIONS: To assist bidder in ensuring the completeness of bid, a agreed terms & conditions for submission of various documents / details in technical & un-priced commercial part of bid has been mentioned in Annexure-C to INSTRUCTIONS TO BIDDERS. Bidder, in his own interest, is requested to fill the agreed terms & conditions and submit along with his bid for ready reference In case of incomplete submissions, GAIL will not be under any obligation to give the bidder an opportunity to make good such deficiencies and GAIL may at its discretion treat such bids as incomplete and not consider for further evaluation. 6.0 BID OPENING AND EVALUATION: 6.1 OPENING OF TECHNO-COMMERCIAL PART OF BID On the date and time mentioned in Letter Inviting Tender (if specified), Part-I i.e. Technical and un-priced commercial Part will be opened in the office of GAIL, Pata In the event, the specified date of bid opening is declared a holiday for GAIL, the bid shall be opened on the next working day at the specified time and location. PAGE NO. 12 OF 51

13 6.2 CLARIFICATION & ADDITIONAL INFORMATION During evaluation, GAIL may request Bidder for any clarification on the bid, additional or outstanding documents. Bidder shall submit all additional documents in one original and one copy. However, seeking clarification shall be on sole discretion of GAIL. 6.3 TECHNO-COMMERCIAL DISCUSSIONS Bid of the bidder who submits the required EMD shall only be taken up for detailed evaluation Techno-commercial discussions with bidder shall be arranged, if needed. Bidder shall depute his authorized representative(s) for attending the discussion. The representative(s) attending the discussions shall produce authorization from his organization to attend the discussions and sign the minutes of meeting on behalf of his organization. The authorized representatives must be competent and empowered to settle all technical and commercial issues. 6.4 BID EVALUATION CRITERIA: Bid is the responsibility of bidder and no relief or consideration can be given for errors and omissions made by the bidder inadvertently or adherently. Bid with incomplete information is liable for rejection The techno-commercial part of bid shall be evaluated as per bid evaluation criteria, wherever indicated in the bidding document Non-submission of details / documents as per Para (4.4.) above may lead to rejection of bid REJECTION CRITERIA: I) Bidders to note that this is a zero deviation tender. GAIL will appreciate submission of offer based on the terms and conditions in the enclosed General Conditions of Contract (GCC), Special Conditions of Contract (SCC), Instructions to Bidders (ITB), Scope of Work, technical specifications etc. to avoid wastage of time and money in seeking clarifications on technical/ commercial aspects of the offer. Bidder may note that no technical and commercial clarifications will be sought for after the receipt of the bids. Bids with any deviation to the bid conditions shall be liable for rejection. In any case, no exception or deviation shall be accepted to the following stipulations/conditions of Bidding document, failing which the bid shall be considered non-responsive and shall be liable for rejection: i) Firm Price ii) iii) iv) EMD/Bid Bond/Bid Security Scope of Supply/work Specifications v) Price Schedule vi) vii) viii) ix) Delivery/Completion Schedule Period of Validity of Bid Price Reduction Schedule/Compensation for delay Performance Bank Guarantee/Security Deposit x) Guarantee xi) xii) xiii) xiv) xv) Arbitration/Resolution of dispute Force Majure Applicable Laws Integrity Pact Any other condition specifically mentioned in the tender document elsewhere that non-compliance of the clause lead to rejection of bid. PAGE NO. 13 OF 51

14 6.4.6 DETERMINATION OF RESPONSIVENESS: i) Prior to the financial evaluation of bids, the GAIL will determine whether each bid is substantially responsive to the requirements of the Bidding document. ii) For the purpose of this clause, a substantially responsive bid is one, which conforms to all the terms and conditions and specifications of the bidding document without material deviation or reservation. A material deviation or reservation is one which affects in any substantial way the scope, quality, or performance of the works or which limits in any substantial way, in consistent with the bidding document, the employer s rights of contractor s obligation would affect unfairly the competitive position of bidders presenting substantially responsive bids. iii) If a bid is not substantially responsive to the requirements of the Bidding documents, it may be rejected by the GAIL Bidders must submit the bid in line with bid stipulations without taking any deviation. For the same, bidder must submit No-Deviation certificate as enclosed as Annexure-A UNSOLICITED POST BIDDING MODIFICATIONS: Bidders are advised to quote strictly as per terms and conditions of the bidding document and not to stipulate any deviations / exceptions. Once quoted, the bidder shall not make any subsequent changes, whether resulting or arising out of any technical / commercial clarifications sought on any deviations or exceptions mentioned in the bid. Any proposal price change is likely to render the bid liable for rejection Bidders must ensure that complete bid along with all details as sought are submitted as per provisions of the bidding document. The checklist mentioned in clause no. 4.4 has been provided in the bidding document to ensure that any required details are not missed by the bidders while submitting their offer Guidelines for Scrutiny / Comparison of Bids: The discrepancies in rate filled for various items shall be resolved in the following manner:- (i) (ii) (iii) (iv) When there is a difference between the rates in figures and words, the rate which corresponds to the amount worked out by the contractor (by multiplying the quantity and rate) shall be taken as correct. When the rate quoted by the contractor in figures and words tallies but the amount is incorrect, the rate quoted by the contractor shall be taken as correct and not the amount and the amount corrected. When it is not possible to ascertain the correct rate, in the manner prescribed above, the rate as quoted in words shall be adopted and the amount worked out, for comparison purposes. In case it is observed that any bidder has not quoted for any item in the Schedule of Rates (such unquoted item not being in large numbers), the quoted price for the purpose of evaluation shall be considered as the maximum rate quoted by the remaining bidder for such items. If after evaluation, such bidder is found to be the lowest evaluated bidder, the rates for the missing item shall be considered as included in quoted bid price. If the estimated price impact of the unquoted items is more that 10% of the bidder s quoted price, the above provision shall not be applicable and such bid shall be rejected. 6.5 OPENING OF PRICE PART OF BID GAIL will open the price bids of those bidders who meet the qualification requirement and whose bids is determined to be technically and commercially responsive. Bidders selected for opening of their price bids shall be informed about the date of price bid opening. Bidders may depute their authorized representative to attend the opening. The bidders representatives, who are present shall sign a register evidencing their attendance EVALUATION OF PRICE PART The Schedule of Rates quoted by the bidder shall be taken up for evaluation on overall basis including service tax and education cess thereon. Price bids containing additional PAGE NO. 14 OF 51

15 qualifications not mentioned in Techno-Commercial part of the bid shall be summarily rejected. Also refer clause no. 4.0 of SCC. 6.7 PURCHASE PREFERENCE TO PUBLIC SECTOR ENTERPRISE Owner reserves the right to grant purchase preference to Public Sector Enterprises in terms of the latest applicable guidelines of the Government of India. 6.8 PROCESS TO BE CONFIDENTIAL Information related to the examination, clarification, evaluation and comparison of bids recommendations for award of contract shall not be disclosed to bidder or other person not officially concerned with such process. Any effort by bidder to influence the GAIL processing of bid or award decisions may result in rejection of such Bids and the owner may initiate action against such bidders, as deemed fit, including putting them on HOLIDAY LIST. 6.9 OWNER S RIGHT TO ACCEPT OR REJECT A BID GAIL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or any obligations to inform the affected bidder or bidders of the ground for GAIL S ACTION. 7.0 AWARD OF WORK AND CONTRACT DOCUMENT 7.1 AWARD OF WORK The GAIL will award the contract to the successful bidder whose bid has been determined to be substantially responsive and has been determined as the lowest as per evaluation methodology defined in the tender to satisfactorily perform the contract Prior to the expiration of period of bid validity GAIL will notify the successful bidder in Writing by fax, cable or telex to be confirmed in writing, that his bid has been Accepted. The notification of award / Fax of Intent will constitute the formation of the Contract GAIL shall not be obliged to furnish any information / clarification / explanation to the unsuccessful bidders as regards non acceptance of their bids. Except for refund of EMD to unsuccessful bidder, GAIL shall correspond only with the successful bidders. 7.2 CONTRACT DOCUMENT The successful bidder shall be required to execute a formal agreement in accordance with the Form of Contract (Annexed to General Condition of Contract (GCC)), within 10 days of receipt of LOI/FOI/Detailed Letter of Award Contract Documents to be signed between GAIL & selected bidder shall consist of the following: i) Agreement on non judicial stamp paper of Uttar Pradesh for Rs.100/- (to be borne by the contractor) ii) Letter of Intent / Fax of Intent iii) Detailed letter of award / acceptance along with agreed variation (if any) and other enclosures. iv) Original bidding document along with set of drawings v) Addendum/Corrigendum issued to bidder, if any Stamp paper of Rs.100/- shall be provided by the successful bidder The statement of Agreed variation prepared based on the deviation if any, finally retained by the bidder and accepted by GAIL, shall form part of detailed letter of award. 8.0 Integrity Pact : 8.1 Bidders are required to sign the integrity pact with GAIL (as per the format and terms & conditions enclosed in tender) failing which their bid shall be liable for rejection. The Principal means GAIL (INDIA) LIMITED and Counterparty means Vendor / Supplier / Contractor. PAGE NO. 15 OF 51

16 8.2 The following two independent external monitors (IEMs) have been appointed by GAIL, in terms of Integrity Pack (IP) which forms part of GAIL tenders / contracts. 1. Dr. A. K. Kundra, kundraak@gmail.com 2. Shri S. C. Tripathi, sctripathi@yahoo.com 8.3 This panel is authorized to examine / consider all references made to it under this tender. The bidder (s), in case of any dispute (s) / complaint (s) pertaining to this tender may raise the issue either with the designated Tender Issuing Officer in GAIL or directly with the panel C/O Chief Vigilance Officer, GAIL (India) Limited, GAIL Bhavan, 16-Bhikaji Cama Place, R. K. Puram, New Delhi Commitments and obligations of the counterparty : I. The Counterparty, directly or indirectly (through agent, consultant, advisor etc), shall not pay any bribe / influence or give undue / unlawful benefit to anyone to gain undue advantage in dealing with GAIL. II. The Counterparty will not engage in collusion of any kind including price fixation etc. with other Counterparts. III. The Counterparty will not pass GAIL;s confidential information to any third party unless specifically authorized by GAIL in writing. IV. The Counterparties shall promote and observe best ethical practices within their respective organizations. V. The Counterparty shall inform the Independent External Monitor. a) If it received any demand, directly or indirectly, for a bribe / favor or any illegal gratification / payment / benefit; b) If it comes to know of any unethical or illegal payment / benefit; c) If it makes any payment to any GAIL associate; VI. The Counterparty shall not make any false or misleading allegations against GAIL or its associates. 8.5 VIOLATIONS AND CONSEQUENCES: a) If a Counterparty commits a violation of its Commitments and Obligations under the Integrity Pact Program during bidding process, their entire Earnest Money Deposit / Bid Security, would be forfeited and in addition, they may be blacklisted from the GAIL business in future. b) In case of violation of the Integrity Pact by Counterparty after award of the Contract GAIL shall be entitled to terminate the contract. GAIL would forfeit the Security Deposits, encash the Bank Guarantee (s) and other payments to Counterparty in such cases. c) Subject to satisfaction of the Independent External Monitor, GAIL may ban / blacklist / put on holiday and exclude the Counterparty from future dealings until GAIL is satisfied that Counterparty shall not commit any such violation in future. d) In addition to above, GAIL reserves its right to initiate to criminal proceedings against the violating Counterparty, it the allegations by Counterparty are found frivolous, untrue and misleading and may also impose exemplary cost for the same. e) The Counterparty will be entitled to claim as determined by the Independent External Monitor, if the above (d) is found incorrect. 9.0 SERVICE TAX: The bid 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 to be quoted separately in percentage as well as its total amount in SOR and same shall be reimbursed on submission of documentary evidence/invoice(s) as per rule 4A of Service Tax Rule. In case a bidder does not indicate the rate & amount of service tax in the SOR or makes any other statement(e.g. NIL, Inclusive, Extra at Actual etc.), their quoted price shall be considered inclusive of service tax at the rate applicable at the time of submission of bids which will be completely sole discretion of GAIL and the job shall be awarded accordingly to PAGE NO. 16 OF 51

17 the L-1 bidder after reduction of the applicable service tax amount ascertained in this regard and same shall be payable by the service provider and GAIL will reimburse the same against submission of Cenvatable invoice. The bidder who is exempted to pay service tax and cess thereon due to annual turnover at the time of bid submission and later on if it becomes applicable, evaluation shall be made based on information available in their bid. Further, after placement of order/contract, if service tax and education cess thereon due to increase in annual turnover becomes leviable, GAIL shall not reimburse service tax & education cess thereon and contractor shall be liable to pay service tax and education cess thereon to Government deptt during the execution of the contract. 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) (ii) (iii) (iv) The name, address and registration number of the service provider The name and address of the recipient of the taxable service Description, classification and value of taxable service provided and The service tax payable on such services The above details are required to enable GAIL to avail Cenvat credit for the service tax payments Modification And Withdrawal of Bids 10.1 The bidder may modify or withdraw his bid after the bid submission, but before the due date of submission 10.2 No bid shall be modified after the deadline for submission of bids No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the bidder on the Bid Form. Withdrawal of a bid during this interval shall result in the bidder s forfeiture of his bid security TERMS OF PAYMENT: Payment will normally be made within 15 days of submission of bills to Engineer-in-charge after applicable deduction of Income Tax and any other taxes and duties as defined in SCC Para No.17. All Payment (Including refund of EMD/Security Deposit) shall be released through electronic mode (e banking) only to your bank account with SBI/ HDFC/ ICICI having e banking facility. Other terms and conditions related to Payment terms are specified in SCC FORM 38 (ROAD PERMIT) Road permit required for transportation of machinery / tools & tackles required (if any) for execution of the work and after execution, the same will be returned back, will not be provided by GAIL as per UP Vat Rules There is a provision to get the Form 39 under rule 57(1) of UP Vat rules 2008 for which you have to approach to Sale tax Auraiya along with following documents: 1. An application form (Form No. 42 ) duly signed by the consignee.- Annexure-D 2. A Photostat copy of the work order issued by GAIL to you. 3. A Photostat copy of the registration certificate of the state commercial tax deptt where you are registered. 4. A Photocopy of PAN Card 5. A Challan copy of the machinery consists of details of material to be transported. PAGE NO. 17 OF 51

18 After submitting the above papers, Commercial tax office Auraiya will issue Form 39 for personal use on payment of requisite fee ABNORMALLY HIGH RATED ITEMS (AHR ITEMS): In items rate contract where the quoted rates for the items exceed 50% of the owners/estimated rates, such items will be considered as Abnormally High Rates Items (AHR) and payment of AHR items beyond the SOR stipulated quantities shall be made at the least of the following rates: (I) (II) Rates as per SOR, quoted by the contractor. Rate of the item, which shall be derived as follows: a) Based on rates of machine and labor as available from the contract (which includes contractor's supervision, profit, overheads and other expenses). b) In case rates are not available in the contract, rates will be calculated based on prevailing market rates of machine, material and labor plus 10% to cover contractor's supervision profit, overhead & other expenses CORRUPT OR FRAUDULENT PRACTICES GAIL requires that bidders/contractors observe the highest standard of ethics during the execution of contracts. In pursuance of this policy, the Employer: a) Defines, for the purposes of this provision, the terms set forth below as follows: i) Corrupt practice means the offering, giving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution; and ii) fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Employer, and includes collusive practice among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition; b) will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; c) will declare a firm ineligible and put on holiday, either indefinitely or a for a stated period of time if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing a contract. 1.0 SUMMARY TERMINATION OF CONTRACT DUE TO SUBMISSION OF FALSE DOCUMENT: 15.1 Bidders are required to furnish the complete and correct information/documents required for evaluation of their bids. If the information/documents forming basis of evaluation is found to be false/forged, the same shall be considered adequate ground for rejection of the Bids and forfeiture of Earnest Money Deposit In case, the information/document furnished by the contractor forming basis of evaluation of his bid is found to be false/forged after the award of the contract, GAIL shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such contractor without any prejudice to other rights available to GAIL under the contract such as forfeiture of Security Deposit, withholding of payments etc In case the issue of submission of false document comes to the notice after execution of the work, GAIL shall have full right to forfeit any amount due to the contractor along with forfeiture of Security Deposit furnished by the contractor Further, such contractor/bidder shall be put on holiday / blacklisted for future business with GAIL as per company policy MISCELLANEOUS I SITE VISIT: The bidder is advised to visit and examine the Site of Works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the bid PAGE NO. 18 OF 51

19 and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the bidder s own expense. Claims and objections due to ignorance of existing conditions will not be considered after submission of the bid and during implementation. II PRE-BID MEETING: The bidder(s) or his designated representative are invited to attend a pre-bid meeting which will take place at GAIL (India) Limited, Adm. Building, C&P Deptt., Polymer Bhawan, PO- Pata, Dist- Auraiya The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be transmitted without delay (without identifying the sources of the question) to all purchasers of the bidding documents. Any modification of the bidding documents may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum and not through the minutes of the pre-bid meeting. Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder. 17 Bidder has to submit CPBG/Security of the contract value valid up to 90 days beyond defect liability period. PAGE NO. 19 OF 51

20 ADDENDUM TO INSTRUCTION TO BIDDERS Instructions to Bidders for participation in E-Procurement GAIL (India) Ltd., has developed a secured and user friendly system which will enable Vendors/Bidders to Search, View, Download tenders directly from GAIL (India) Ltd. secured website and also enables them to participate and submit Online Bids/Offers in the E- Procurement site directly from the website in secured and transparent manner maintaining confidentiality and security throughout the tender evaluation process and award. Bidders are requested to read following conditions in conjunction with various conditions, wherever applicable appearing with this bid invitation for e-procurement. The conditions mentioned here in under shall supersede and shall prevail over the conditions enumerated elsewhere in the Bid Document. 1) How to submit On-line Bids/Offers electronically against E-Procurement tenders? Vendor/Bidder who wish to participate for E-tenders which are uploaded on GAIL (India) Ltd. Website should follow the following steps which shall permit them to Search, Display/View, Download and Submit their electronic Bids/Offers online in a secured manner ensuring confidentiality. Vendors/Bidders are advised to read the following instructions for participating in the electronic tenders directly through Internet: i) No Late and delayed Bids/Offers after due date/time shall be permitted in e-tendering system. Time being displayed on our e-tendering System shall be final binding on bidder and bids have to be submitted by bidder(s) considering this time only and not the time as per their location / country. No bid can be submitted after the last date and time of submission has reached, however if bidder intends to change the bid already entered may change/revise the same on or before the last date and time of submission deadline.the system time (IST) that will be displayed on e-procurement webpage shall be the time and no other time shall be taken into cognizance. ii) Bidders are advised in their own interest to ensure that bids are uploaded in e-procurement system well before the closing date and time of bid. iii) No bid can be modified after the dead line for submission of bids. iv) No Manual Bids/Offers shall be permitted. The offers submitted through e-tendering system shall only be considered for evaluation. 2) HOW TO SEARCH, VIEW AND DOWNLOAD E-TENDER? Vendors/Bidders must go to e-tender website and logon using their user-id and password. In the case of vendors not possessing the User Id and Password, they can access through Guest Login as guest. This facilitates viewing of tenders in display mode in Collaboration folder (C Folder). If the vendor desires to download the NIT and attached e-tender at this stage, he may download the same for viewing free of cost. Note: All e-tender notices and Bid Documents are available only in soft copies such as Microsoft Word, Excel, PDF files. For downloading / viewing PDF files use Adobe 6 Software utility which can be installed free of cost from Vendors home page link by any vendor onto his own computer. 3) PARTICIPATION IN BID, REQUEST FOR USER ID and PASSWORD: To participate in Bid submission, it is Mandatory on the part of Vendor(s) to have User ID and Password. To obtain User ID and Password Vendor/Bidder must open site and perform the following steps: PAGE NO. 20 OF 51