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L e t t e r I n v i t i n g T e n d e r

Ref. No.: GAIL/LAK/C&P/52067/3300057121 /ELECT/2014

Dated.30.10.2014

To,
GAIL WEBSITE VENDOR, INDIA
Vendor Code 101019938
SUBJECT:

AMC FOR SACRIFICIAL CATHODIC PROTECTION SYSTEM OF 5.6 KM AT


GAIL, LAKWA PIPELINE

TENDER NO: GAIL/LAK/52067/3300057121/C&P/ELE/2014

Dated. 30.10.2014

Dear Sir,
GAIL (India) Limited (GAIL) here-in-after called OWNER/COMPANY invites you to submit
your bids UNDER TWO BID SYSTEM for the subject work as detailed given below in complete
accordance with tender documents enclosed:
MODE OF TENDERING

Limited

EARNEST MONEY DEPOSIT (EMD)

Rs.25,270.00 (Rupees Twenty five


thousand Two hundred Seventy only)

LAST DATE AND TIME FOR


RECEIPT OF TENDER

02.12.2014 at 14:00 Hrs(IST)

DATE AND TIME FOR OPENING


OF UNPRICED BID

02.12.2014 at 15:00 Hrs(IST)

VALIDITY OF OFFER UPTO

Three (03) months from the date of final


bid due date of bid Opening.

Instruction to Bidders:
1.
2.
3.
4.
5.
6.
7.
8.
9.

Schedule of Rate enclosed.


Bid Evaluation Criteria (BEC) Annexure-I enclosed.
Instructions to Bidders as per Annexure-II enclosed.
Frequently Asked Questions (FAQ) as per Annexure-IIA.
Special Conditions of Contract (Part-A) as per Annexure-III.
Special Conditions of Contract (Part-B) and scope of work as per Annexure-IV
Forms & Formats: Annexure-V
Letter for Public Procurement policy on procurement of goods & services from micro
and small enterprises
General Conditions of Contract (GCC) works enclosed (Separate) also containing
Performance BG and Contract Agreement Formats.

This tender is also hosted in GAIL (INDIA) LIMITED web site (www.gailtenders.in). Any bidder
wishing to quote may download the tender document and submit their offer directly along with
requisite EMD and fulfilling the BEC criteria and tender conditions.

Bids complete in all respects should reach office of In-charge (C&P), GAIL (India) Limited, LPG
Recovery Plant, Lakwa at the above address on or before 14:00 Hrs of the scheduled date. Bids
received after the due date and time are liable to be rejected.

GAIL reserves the right to accept or reject any or all tenders received at its absolute discretion
without assigning any reason whatsoever.
Thanking You,
For GAIL (India) Limited
(Dhananjoy Pramanik)
Sr. Officer (C&P)
E-mail: dpramanik@gail.co.in

ANNEXURE I

SUBJECT:

BID EVALUATION CRITERIA (BEC)


AMC FOR SACRIFICIAL CATHODIC PROTECTION SYSTEM OF 5.6 KM AT
GAIL, LAKWA PIPELINE

TENDER NO: GAIL/LAK/52067/3300057121/C&P/ELE/2014

Dated. 30.10.2014

BID EVAULATION CRITERIA (BEC):


A

(i) The bidder must have completed/executed at least one single work order against
INSTALLATION OF TCP BY PUTTING SACRIFICIAL ANODES for Gas/Oil Pipeline protection
out of which bidder should have successfully executed job of putting SACRIFICIAL ANODES,
executed work order value shall not less than Rs.2,81,137.00 (Rupees Two lacs Eighty one
thousand One hundred thirty seven only, excluding service tax) in any Public Sector/Govt.
Department/Govt. Organization/reputed Private Organization in preceding 07 years
(reckoned from the Bid Due date).As a documentary evidence, bidder must submit
attested/notarized copy of work order/agreement and Work Completion/Execution
Certificate showing the quantity & value of Work Completion/Executed & Ref No. of Work
Order/Agreement in the Completion/Execution Certificate issued by end user in support of
their experience along with technical bid (un-priced bid).
Bidder must submit a copy of the above documents duly attested/notarized along with unpriced bid.

B (i)A job executed by a bidder for its own plant/projects cannot be considered as experience
for the purpose of meeting requirement of BEC of the tender. However, jobs executed for
Subsidiary/Fellow subsidiary/ Holding company will be considered as experience for the
purpose of meeting BEC subject to submission of tax paid invoice(s) duly certified by
Statutory Auditor of the bidder towards payments of statutory tax in support of the job
executed for Subsidiary /Fellow subsidiary/ Holding company . Such bidders to submit these
documents in addition to the documents specified in the bidding documents to meet BEC.
(ii) In case, the bidder is executing a rate / maintenance contract which is still running and
the contract value executed till one day prior to the due date of submission is equal to or
more than the minimum prescribed value as mentioned in the BEC, such experience will also
be taken into consideration. In such case, the bidder shall submit satisfactory work execution
certificate to this effect, issued by the end user/owner.
All documents should be attested or
notarized/attested by Notary public/Gazetted
Officer/Officer of PSU. Documents mentioned above shall be submitted by bidder along with
technical bid
(iii)Any bidder who meets in the Bid Evaluation Criteria (BEC) as mentioned above and
wishes to quote against this tender may down load the bidding documents from GAIL
Website(http://www.gailtenders.in) and submit the bid complete in all respect as per terms
& conditions of the bidding document on or before the due date along with an under taking
that the contents of the bidding documents have not been altered or modified.
C.
NOTE TO BID EVALUATION CRITERIA (BEC): (For strict compliance)
i.
Bidders must furnish all relevant certificates / documents / information in support of their
credentials to the above "evaluation criteria" along with the techno- commercial bid,
failing which their bid shall be rejected.
ii.
Bidders not meeting any of the above-mentioned criteria shall be rejected without
assigning any reason.
SIGNATURE OF BIDDER
NAME OF BIDDER
COMPANY SEAL

: ______________________________
: _____________________________
: _____________________________

EXHIBIT -A
CONFIRMATION BY BIDDER FOR MEETING CRITERIA OF LIT
SUBJECT:

AMC FOR SACRIFICIAL CATHODIC PROTECTION SYSTEM OF 5.6 KM AT


GAIL, LAKWA PIPELINE

TENDER NO: GAIL/LAK/52067/3300057121/C&P/ELE/2014

Dated. 30.10.2014

Sl
GAILs QUERY
.
A) (i) The bidder must have completed/executed at least one single work
order against INSTALLATION OF TCP BY PUTTING SACRIFICIAL
ANODES for Gas/Oil Pipeline protection out of which bidder should
have successfully executed job of putting SACRIFICIAL ANODES,
executed work order value shall not less than Rs.2,81,137.00 (Rupees
Two lacs Eighty one thousand One hundred thirty seven only, excluding
service tax) in any Public Sector/Govt. Department/Govt.
Organization/reputed Private Organization in preceding 07 years
(reckoned from the Bid Due date).As a documentary evidence, bidder
must submit attested/notarized copy of work order/agreement and
Work Completion/Execution Certificate showing the quantity & value of
Work Completion/Executed & Ref No. of Work Order/Agreement in the
Completion/Execution Certificate issued by end user in support of their
experience along with technical bid (un-priced bid).
Bidder must submit a copy of the above documents duly
attested/notarized along with un-priced bid.
B)

(i) A job executed by a bidder for its own plant/projects cannot be


considered as experience for the purpose of meeting requirement of
BEC of the tender. However, jobs executed for Subsidiary/Fellow
subsidiary/ Holding company will be considered as experience for the
purpose of meeting BEC subject to submission of tax paid invoice(s)
duly certified by Statutory Auditor of the bidder towards payments
of statutory tax in support of the job executed for Subsidiary /Fellow
subsidiary/ Holding company . Such bidders to submit these
documents in addition to the documents specified in the bidding
documents to meet BEC.
(ii) In case, the bidder is executing a rate / maintenance contract
which is still running and the contract value executed till one day
prior to the due date of submission is equal to or more than the
minimum prescribed value as mentioned in the BEC, such
experience will also be taken into consideration. In such case, the
bidder shall submit satisfactory work execution certificate to this
effect, issued by the end user/owner.
All documents should be attested or notarized/attested by Notary
public/Gazetted Officer/Officer of PSU. Documents mentioned above
shall be submitted by bidder along with technical bid .
(iii)Any bidder who meets in the Bid Evaluation Criteria (BEC) as
mentioned above and wishes to quote against this tender may down
load
the
bidding
documents
from
GAIL
Website(http://www.gailtenders.in) and submit the bid complete in
all respect as per terms & conditions of the bidding document on or
before the due date along with an under taking that the contents of
the bidding documents have not been altered or modified.

BIDDERs REPLY
Reply :
Reference
documents
furnished:
1.

of

2.

Reply :
Reference
documents
furnished:
1.

2.

of

Note:Please note that the documents listed by you above only shall be considered for evaluation of
your claim of meeting Bidder Evaluation Criteria. Any other documents, not included above shall
not be considered. Further please note that all the documents submitted should be
Notarized/Attested by Notary Public/ Gazetted Officer/ Officer of PSU.
SIGNATURE OF BIDDER

: _____________________________

NAME OF BIDDER

: _____________________________

COMPANY SEAL

: _____________________________

ANNEXURE-II
INSTRUCTIONS TO BIDDERS (ITB)
1.0

BIDDING DOCUMENT, CLARIFICATION AND ADDENDUM:

1.1

BIDDING DOCUMENT:

1.1.1 One set of Bidding document (Tender Document) is issued. Bidder shall submit the
Tender Document duly signed and stamped on each page of tender in token of his
acceptance along with his bid.
1.1.2 Transfer of Bidding document issued to one intending bidder to another is not
permissible.
1.1.3 Bid shall remain valid for 3 months from the final due date of opening of bids.
1.1.4 Any bidder put on Holiday/Banned by GAIL or Blacklisted/Banned by only Government
Deptt./Public Sector Enterprise shall not be considered.
1.1.5 Bids from Joint Venture/Consortium will not be acceptable.
One bidder shall submit one bid only. Alternate bids are not acceptable. Any deviation to
above will lead to rejection of all bids of a bidder.
1.2 CONTENTS OF BIDDING DOCUMENTS
1.2.1 The Bidding Documents / Tender Documents are those stated below, and should be read
in conjunction with any 'Addendum / Corrigendum' issued:

Bid Evaluation Criteria [BEC]

Instructions to Bidders [ITB]

General Conditions of Contract [GCC] Works

Special Conditions of Contract [SCC]: Part-A & Part-B. In case of contradiction
between Part-A and Part-B, Part-B shall prevail to the extent applicable.

Forms and Formats
1.3
The Bidder is expected to examine all instructions, forms, terms & conditions in the
Bidding Documents. The "Request for Quotation [RFQ]" together with all its attachments
thereto, shall be considered to be read, understood and accepted by the Bidders. Failure
to furnish all information required by the Bidding Documents or submission of a Bid not
substantially responsive to the Bidding Documents in every respect will be at Bidder's risk
and may result in the rejection of his Bid
1.4 COST OF BIDDING:
The Bidder shall bear all costs associated with the preparation and submission of the Bid,
and GAIL will in no case, be responsible or liable for these costs, regardless of the
conduct or outcome of the bidding process.
1.5 CLARIFICATION REQUESTS BY BIDDER:
1.5.1 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 Bidders responsibility to ensure that the information
provided is adequate and clearly understood.
1.5.2 Bidder shall examine the bidding documents thoroughly in all respect.
1.5.3 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.
1.5.4 A prospective bidder requiring any clarification of the Bidding Documents may notify GAIL
in writing or by fax or e-mail at GAILs mailing address indicated in the Invitation for Bids.
GAIL will respond in writing to any request for clarification of the Bidding documents
which it receives not later than 10 days prior to the deadline for the submission of bids
prescribed by GAIL. Written copies of GAILs response (including an explanation of the
query but without identifying the source of the query) will be uploaded on GAIL website.

Any Clarification or information required by the bidder but same not received by the
Purchaser, ten days prior to the bid due date, the same is liable to be considered as no
clarification/information required.
1.5.5 Only bids submitted directly by the bidder meeting BEC shall be considered.
1.6 AMENDMENT OF BIDDING DOCUMENT:
1.6.1 GAIL may, for any reason whether at his own initiative or in response to the clarification
requested by the prospective Bidder, issue amendment in the form of addendum during
the Bidding period and subsequent to receiving the bids. Any addendum thus issued shall
become part of Bidding document and Bidder shall submit original addendum duly
signed and stamped in token of his acceptance. Amendment will be available on GAIL
Website.
1.6.2 For addendum issued during the Bidding period, Bidder shall consider the impact in his
Bid. For addendum issued subsequent to receiving the Bids, Bidder shall follow the
instructions issued along with addendum with regard to submission of impact on quoted
price / revised price, if any.
1.7
LANGUAGE OF BID: ENGLISH
1.8 CONFIDENTIALITY OF DOCUMENT:
1.8.1 Bidder shall treat the Bidding document and contents thereof as confidential.
1.9 ACKNOWLEDGEMENT & CONFIRMATION OF BID:
1.9.1 Within 3 days of receipt of Bidding document, Bidder shall acknowledge the receipt and
confirm his intention to Bid for the Bidding work.
2.0 EARNEST MONEY DEPOSIT (EMD):
2.1.1 The bid must be accompanied with Earnest Money (interest free) for the amount
indicated in Letter Inviting Tender in the form of a Demand Draft drawn on any
Nationalized/ Scheduled Bank in favour of GAIL (India) Limited, payable at
Sivasagar, Assam or in the form of Bank Guarantee issued by Nationalized Bank for an
equal amount valid for five (05) months from the due date of submission of bid as per
the format enclosed in bidding document. Bid not accompanied by Earnest Money will not
be considered unless the same is exempted as per Letter Inviting Tender. Bank
Guarantee shall be revalidated for extended period as required by GAIL in writing.
2.1.2 Bidders are required to submit EMD in original in a sealed envelope super scribing the
envelope with Tender Reference No., Name of Work, Bid Due Date & Time of Opening
and Name & Address of the Bidder along with Un-Price Bid( Techno-Commercial Bid).
2.1.3 If the bidder, after submission, revokes his bid or modifies the terms and conditions
thereof during the validity of his bid except where GAIL has given opportunity to do so,
the earnest money submitted by Bidder will, in such case will be forfeited.
2.1.4 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.
2.1.5 The successful Bidder shall be required to submit Contract cum Performance Bank
Guarantee within 15 days of LOI/FOA, at the applicable rate as mentioned in the tender
documents, in the manner indicated in Special Conditions of Contract (SCC): Part-A. If
the successful Bidder fail or refuse to sign the agreement or furnish the CPBG within the
period fixed by the GAIL as indicated above, the earnest money shall be forfeited without
prejudice to his being liable to any further loss or damage incurred in consequence by the
GAIL.
2.1.6 Earnest money shall be returned to the successful Bidder after submission of Contract
cum Performance Bank Guarantee/Contract Performance Security.

2.1.7 GAIL will refund the Earnest Money of the unsuccessful bidders directly to the bidders
within a reasonable period of time. Correspondence in this regard may be addressed to
GAIL directly by the bidders.
2.1.8 Subject to exemptions permissible, offers without earnest money/ bid bond will not be
considered and will be summarily rejected.
2.1.9 Small scale industries units registered with the NSIC, under its single point registration
scheme, shall be exempted from submission of EMD.
2.1.10 No earnest money/ bid bond will be necessary for works and service from Central Public
Sector Undertakings. In line with the Government orders the firms registered with NSIC
will be exempted from payment of earnest money/ Bid bond provided they are registered
for the items they intend to quote against the GAIL Tender.
2.1.11 The 'Bid Security' is required to protect GAIL against the risk of Bidder's conduct, which
would warrant the 'Bid Security's' forfeiture.
2.1.12 GAIL shall not be liable to pay any Bank charges, commission or interest on the amount
of 'Bid Security'. In case 'Bid Security' is in the form of a 'Bank Guarantee', the same shall
be from any Indian scheduled Bank or a branch of an International Bank situated in India
and registered with 'Reserve Bank of India' as Scheduled Foreign Bank. However, in case
of 'Bank Guarantee' from Banks other than the Nationalized Indian Banks, the Bank must
be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred
Crores] and a declaration to this effect should be made by such commercial Bank either
in the 'Bank Guarantee' itself or separately on its letterhead. 'Earnest Money / Bid
Security' shall be valid for 'two [02] months' beyond the 'Bid Validity Period'
2.1.13 The 'Bid Security' may be forfeited:
(a)
If a Bidder withdraws his Bid during the 'Period of Bid Validity'
(b)
In the case of a successful Bidder, if the Bidder fails:
(i)
(ii)
(iii)

3.0
3.1
3.2

3.3

3.4

3.5
3.6
3.7

To accept the "Notification of Award" / "Letter of Intent [LOI]", or


To furnish "Contract Performance Security / Security Deposit".
To accept 'arithmetical corrections'

(c)
In case a bidder submits False/Forged Document.
(d)
Any other condition forfeiting bid security mentioned in the bidding document.
SCHEDULE OF RATES:
The schedule of Rates enclosed with the tender document shall be read in conjunction
with all other sections of bidding document.
The rates quoted by the bidder shall be firm and fixed for the completion period of the
tendered works, unless stated otherwise. The rates quoted by the Bidder shall include all
taxes, duties & levies except Service Tax and any cess thereon. Service Tax and cess
thereon shall be paid by GAIL, extra at actual against Cenvat invoice to be submitted by
the bidder.
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 or
quantity 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.
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.
The rates shall include all expenditure incurred towards mobilization and demobilization.
Rates quoted shall be in Indian Rupees Only.
Bidder shall quote rates both in figures as well as in words.

4.0
4.1
4.2

4.3

4.4

DOCUMENTS COMPRISING THE BID:


Bidder is advised that GAIL intend to fully evaluate the technical and un-priced
commercial submissions.
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.
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 incomplete / incorrect the same may be considered adequate ground for rejection
of the bid.
The bidders are required to submit the copies of all certificates/documentary evidences
duly attested by Gazetted Officer/Officer of Public Sector Enterprises/Notary public and
shall arrange his bid in the following order:
i) PART-I : TECHNICAL AND UN-PRICED COMMERCIAL PART (TECHNOCOMMERCIAL BID)
Technical and un-priced commercial part shall comprise the attachments, specifying
attachment number arranged in the order as follows:
a) Original Earnest Money Deposit (EMD shall also be enclosed in this part);
b) Bid letter along with all technical and commercial details of the Bidder;
c) One set of Tender Documents issued to Bidder, duly signed and stamped on each
pages;
d) No Deviation Confirmation as per Annexure-C of Annexure-V;
e) Blank Schedule of Rates without any prices with seal & signed by the Bidder;
f)

Documents as per Exhibit-A as documentary evidences toward Bid Evaluation


Criteria (BEC);

g) Power of Attorney in favour of authorized signatory of the Bidding Documents;


h) Organization details : In case of a proprietorship firm, the name and address of proprietor, and
certified copy of Certificate of Registration of Firm;
 In case Bidder is a partnership firm, certified copy of the Partnership Deed;
 In case of company (whether private or public), certified copy of the
Company Registration Certificate along with Certified Memorandum /
Articles of Association;
i)

An undertaking on Letter Head Pad of the Bidder stating that (For the case,
tender document downloaded from Website)
The contents of the Tender Document have not been modified or altered by M/s
(Name of the bidder with complete address). In case, it is found that the
tender document has been modified / altered by the bidder, the bid submitted by
the M/s (Name of the bidder) shall be liable for rejection;

j)

Service Tax Registration Certificate issued by Service Tax Authority;

k) P.F. Registration Certificate issued by PF Authority;


l)

Original copy of Notarized Affidavit towards proof of submitting true & genuine all
the documents in Bid submitted by the Bidder including documents pertaining to
Bid Evaluation Criteria.

m) Technical offer, Engineering details and any other relevant document, if any,
required as per Bidding document /Bidder desires to submit.
ii) PART-II: PRICE BID (Schedule of Rates):
a) It shall contain only the Schedule of Rates duly filled in two copies, i.e. one
ORIGINAL copy and one DUPLICATE copy;
b) No stipulation, deviation, terms & conditions, presumption, basis or any documents
etc. shall be stipulated / submitted in Price Bid. GAIL shall not take cognizance of
any such statement and may at their discretion reject such Price Bids;
c) Bidder is 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
head Schedule of Rates (SOR) and indicate the discounted unit rate(s) only;
d) In case, it is observed that any of the bidder(s) has/ have mentioned conditional
Discount/ Rebate separately, the same shall not be considered for evaluation.
However, in the event of the bidder emerging as the lowest bidder, the
Discount/Rebate offered by the bidder shall be considered for Award of Work and
the same will be conclusive and binding on the Bidder.
5.0
5.1

SUBMISSION OF BID:
SUBMISSION OF BID IN TWO SEPARATE ENVELOPES:

5.1.1 Bidder shall submit the bid by courier/ by post/ in person, separately in two parts in
sealed envelopes, super-scribed with the above tender reference no., name of work, bid
due date and time of opening and name and address of the bidder (Priced or Un- Priced).
The Un-Priced Bid and Price Bid shall contain the documents as specified below:
PART- I: UN- PRICED BID (TECHNO-COMMERCIAL BID):
This part shall contain Technical and Commercial (Un-Priced) Bid. The Un-Priced Bid must
be complete with the following and the information listed for submission in Part I under
Para 4.4.(i) above:
a) All technical and commercial details other than the rate (i.e. identical to Part II with
rate blanked out);
b) Original Earnest Money Deposit (EMD) shall also be enclosed in this part;
c) Documentary evidences toward Bid Evaluation Criteria (BEC) and other documents
sought under this tender document;
d) One set of Tender Document shall also be Signed & Stamped on all the pages and
submitted along with Un- Priced Bid.
e) Techno-Commercial Bid disclosing prices shall be summarily rejected.
f)

The envelope shall have following information clearly written on the outside of the
envelope, failing which GAIL will assume no responsibility for the misplacement or
premature opening of the bid.
Part-I: Technical and Un-priced Commercial Part
Tender Reference No.

_________________________________
Name of Work

_________________________________
Bid Due Date & Time of Opening: ________________________________

From: [Name & Address of Bidder]:

_____________________________

PART-II: PRICED BID (SCHEDULE OF RATES):


a) This part of the bid shall contain the Schedule of Rates, duly filled in all respects and
other information specifically requested for submission in price part.
b) This part of Bid will be submitted in original plus one copy;
c) Priced bid containing any new/fresh conditions (not mentioned in the Un-Priced Bid)
shall be liable for rejection;
d) The envelope shall have the following information clearly written on outside of the
envelope, failing which GAIL will assume no responsibility for the misplacement or
premature opening of the bid.
Part-II: Price Part
Tender Reference No. _________________________________
Name of Work:

______________________________________

From: [Name & Address of Bidder]: _______________________


5.1.2 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., e-mail etc.
5.1.3 The two envelopes containing Part-I & Part-II of the bids separately should be enclosed in
a larger envelope duly sealed and super-scribed with tender reference no., name of work,
due date and time of opening along with address of this office and senders name and
address prominently.
5.1.4 Bid must be submitted within the stipulated date and time as indicated in the tender. The
bid must be valid for 3 months from the final due date of bid opening.
5.1.5 Bid through Fax/e-Mail will not be acceptable.
5.1.6 GAIL assumes no responsibility for delay, loss or non-receipt of bid sent by post.
5.1.7 GAIL reserves the right to accept or reject any or all bids received, at its absolute
discretion, without assigning any reason whatsoever. Bidders if so desires, may seek in
writing the reasons for rejection of their bid, to which GAIL shall respond quickly.
5.1.8 Non-submission of the attested copies of the requisite certificates/documents shall render
the bid non-responsive and shall be liable for rejection.
5.1.9 Bidders are requested to furnish detailed address including E-mail, Fax No.,
Phone No. and Mobile No. etc. The same is required for quick reference to
bidder in exceptional case when despite our instruction, the bidder has taken
deviation in bid and/or some documents are missing. GAIL will not be
responsible by bidder to GAIL, if target date for any GAILs query is not met by
bidder due to non-opening/wrong e-mail/fax furnished by bidder.
5.2 DATE, TIME & PLACE OF SUBMISSION:
5.2.1 Bids complete in all respect must reach this office not later than 1400 hrs on the notified
date of closing of the tender mentioned in the Letter Inviting Tender or any extension
thereof as duly notified in writing by GAIL at the following address:
Address to which bids are to be sent (by Speed Post/Courier(Preferably
Overnite Courier)/Regd. Post/etc.)
Chief Manager/Senior Officer (C&P)
GAIL (India) Limited
LPG Recovery Plant
P.O. - Lakwa, District - Sivasagar (Assam),

Pin 785688
5.2.2 Bids sent by hand delivery should be put in the tender box (which is placed in the office
of Chief Manager (C&P), GAIL (India) Ltd., LPG Recovery Plant, P.O:-Lakwa,
District- Sivasagar, (Assam) Pin 785 688, not later than 1400 hrs on the specified
date. The bids which are bulky and cannot be dropped in the tender box are to be
delivered in C&P Deptt. (1st Floor, ADM Building). In case of any problem in delivering/
dropping the tenders, either the concerned purchase executive who has issued the tender
or the following employees of C&P deptt. may be contacted well before the due date &
time of submission of bids :
a. Sh. Dhananjoy Pramanik, Sr. Officer (C&P)
5.2.3 Bid received after the time and date fixed for receipt of bid is liable for rejection.
5.2.4 Any excuse regarding late delivery of bid due to any reason (e.g. late delivery due to
delay by courier/post) whatsoever will not be entertained.
5.2.5 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 shall be reached this office well
before the closing date and time of the tender as the bids received after the closing date
and time of the tender will not be considered.
5.3 CHECK LIST FOR SUBMISSION OF BID:
5.3.1 To assist Bidder in ensuring the completeness of bid, a checklist as Annexure-B of
Annexure-V for submission of various documents / details in Technical & Un-Priced
Commercial Part of Bid has been enclosed in the Tender Documents. Bidder shall fill the
checklist and submit along with his bid for ready reference.
5.3.2 In case of incomplete submission of bids, 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

UN-PRICED BID OPENING AND EVALUATION:

6.1

OPENING OF TECHNO-COMMERCIAL PART OF BID:

6.1.1 Part-I i.e. Technical and Un-Priced Commercial Part will be opened in the office of GAIL,
Lakwa as per the date and time mentioned in Letter Inviting Tender.
6.1.2 If GAIL Lakwa office is closed/non-functional on date of un price and/or priced bid
opening date due to any reason, then the above opening shall be carried out on next
working day on same appointed time.
6.1.3 Bidders may depute their authorized representative to attend the bid opening.
6.1.4 Owner reserves the right to grant purchase preference to Public Sector Enterprises in
terms of the latest applicable guidelines of the Government of India.
6.2

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:


6.3.1 Bid of the bidder who submits the required EMD shall be taken up for detailed evaluation.
6.3.2 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:

6.4.1 Bid is the responsibility of bidder and no relief or consideration can be given for errors
and omissions made by the bidder inadvertently or advertently. Bid with incomplete
information is liable for rejection.
6.4.2 The Techno-Commercial Part of bid shall be evaluated based on Bid Evaluation Criteria
and other tender conditions as indicated in the bidding document. However, price bid
shall be evaluated as per ITB of this tender.
6.4.3 Non-submission of details / documents as required may lead to rejection of bid.
6.5

DEVIATIONS TO CRITICAL STIPULATIONS:


Deviations to critical stipulations of bidding document as mentioned below are not
acceptable. Bidder taking deviations to the following bid stipulations may not be
considered for price bid opening.
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
m)
n)
o)
p)

Firm Price
Non-meeting of BEC Criteria
EMD/bid Bond
Scope of work/Specification
Contract cum Performance Bank Guarantee
Schedule of Rates
Contract Period
Payment Terms
Period of validity of bid
Guarantee
Arbitration / Resolution of Disputes
Force Majeure
Applicable Laws
Clause No. 6.4.2,8.2 & 8.3 of Instructions to Bidders
Requirement of P. F. Code No. with RPFC under EPF & M Provisions Act 1952
PRS clause / Compensation for delay

6.6
DETERMINATION OF RESPONSIVENESS:
6.6.1 Prior to the financial evaluation of bids, the GAIL will determine whether each bid is
substantially responsive to the requirements of the Bidding document.
6.6.2 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, inconsistent with the bidding document, the employers rights of
contractors obligation would affect unfairly the competitive position of bidders presenting
substantially responsive bids.
6.6.3 If a bid is not substantially responsive to the requirements of the Bidding documents, it
may be rejected by GAIL.
6.7
Bidders must submit the bid in line with bid stipulations without taking any deviation.
However, in case it becomes unavoidable and the Bidder seeks some clarifications /
queries with respect to technical / commercial part, the bidder may stipulate the same
strictly as per the technical and commercial part.
7.0
7.1

7.2

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
for 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 has been provided in the bidding

document to ensure that any required details are not missed by the bidders while
submitting their offer.
7.3
Proposed deployment of resources like manpower, equipment, tools and tackles shall be
looked into to ensure performance of work within stipulated time period
7.4
The concurrent commitments of Bidder on various jobs under execution by the bidder will
be taken into account to assess the spare capacity available with the Bidder.
7.5
Performance of bidder on work executed / under execution shall be taken into
consideration before selecting the bidder for opening of his price bid.
8.0 OPENING OF PRICE PART OF BID & EVALUATION:
8.1 OPENING OF PRICE BID:
8.1.1 Priced commercial part of only those bidders, whose bids are considered technocommercial acceptable, shall be opened.
8.1.2 Bidders selected for opening of their priced bid shall be informed about the date and time
of price bid opening.
8.2 EVALUATION OF PRICE PART :
8.2.1 The Schedule of Rates quoted by the bidder shall be taken up for evaluation on overall
basis and the contract shall be awarded to the successful bidder on overall L1 basis. Price
bids containing additional information shall be summarily rejected. Also technical bid,
disclosing the price quoted shall be summarily rejected. Evaluation of Price bid shall be
done on overall basis and the work/service contract shall be awarded to the overall lowest
bidder.
8.2.2 In case there is tie for L1 price among two or more bidders, then the bidder whose
executed value as per the work order & work completion certificate submitted along with
technical bid is more, shall be considered as actual L1 bidder.
8.2.3 Service Tax shall be added for evaluation.
8.3 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.
8.4 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 GAIL in
processing of bid or award of 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.
8.5 OWNERS RIGHT TO ACCEPT OR REJECT A BID:
GAIL reserves the right to accept a bid other than the lowest and to accept or reject any
bid in whole or part, or to reject all bids with or without notice or reasons. Such decisions
by GAIL shall bear no liability whatsoever consequent upon such decisions.
8.6
CORRECTION OF ERRORS:
8.6.1 Arithmetic Corrections: The bids will be checked for any arithmetical errors as
follows:
8.6.2 Rates should be quoted only in Figures. In case of any error in total indicated by the
Bidder, the unit price alone shall be considered valid and binding on the Bidder.
If the bidder does not accept the correction of errors, its bid will be rejected and the bid
security will be forfeited.
9.0

AWARD OF WORK AND CONTRACT DOCUMENT:

9.1 AWARD OF WORK:


9.1.1 The bidder whose bid is accepted by GAIL shall be issued Letter of Intent / Fax of
Acceptance (LOI/FOA) prior to expiry of bid validity. Bidder shall confirm acceptance by
returning a signed copy of the LOI / FOA.

9.1.2 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.
9.2 CONTRACT DOCUMENT:
9.2.1 The successful bidder shall be required to execute a formal agreement in accordance with
the Proforma for Contract Agreement within 15 days of receipt of LOI/FOA/Detailed
Letter of Award specified period.
9.2.2 Contract Documents to be signed between GAIL & selected bidder shall consist of the
following:
i)

Agreement on stamp paper of appropriate value.

ii) Letter of Intent / Fax of Acceptance


ii) Detailed letter of award / acceptance along with agreed variation and other
enclosures.
iii) Original bidding document along with set of drawings.
iv) Addendum/Corrigendum issued to bidder, if any.
9.2.3 Stamp paper of appropriate value shall be provided by the successful bidder after
ascertaining its value.
9.2.4 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 (LOA).
9.3 Clause no.27.3 of our GCC i.e. Bonus for Entry Completion is not applicable in this
contract.
9.4 SIGNING OF AGREEMENT:
9.4.1 GAIL will award the Contract to the successful Bidder, who, within 'fifteen [15] days' of
receipt of the same, shall sign and return the acceptance copy to GAIL.
9.4.2 The successful Bidder/Contractor shall be required to execute an 'Agreement' in the
proforma given in this Tender Document on a 'non-judicial stamp paper' of appropriate
value [cost of the 'stamp-paper' shall be borne by the successful Bidder/Contractor] and
of ASSAM State' only, within 'fifteen [15] days' of receipt of the "Letter of Acceptance
[LOA]" of the Tender by the successful Bidder/Contractor. In the event of failure on the
part of the successful Bidder/Contractor to sign the 'Agreement' within the above
stipulated period, the 'Earnest Money / Bid Security' shall be forfeited and the acceptance
of the Tender may be considered as cancelled.
9.5
BID CURRENCIES: The bid should be submitted in INDIAN RUPEES[INR] only.
9.6
BID VALIDITY:
9.6.1 Bids shall be kept valid for three [03] months from the final Bid Due date. A Bid valid for
a shorter period may be rejected by GAIL as non-responsive.
9.6.2 In exceptional circumstances, prior to expiry of the original 'Bid Validity Period', the
Employer may request that the Bidders extend the 'Period of Bid Validity' for a specified
additional period. The request and the responses thereto shall be made in writing or by
fax/email. A Bidder may refuse the request without forfeiture of his 'Bid Security'. A
Bidder agreeing to the request will not be required or permitted to modify his Bid, but will
be required to extend the validity of its 'Bid Security' for the period of the extension and
in accordance with "ITB in all respects.
10.0

Other conditions applicable to Enquiry.

10.1 LATE BID:


i) All tenders received after the notified time and date of closing of tenders will be treated
as late tenders.
ii) Unsolicited alternations or modifications of tenders received after the notified time and
date of closing of the tenders shall not be entertained.

iii) Late tenders shall be returned to the bidder within 10 days in unopened condition. The
bid bond of such bidders shall be returned along with the unopened bid. In case of etendering where bid bond is received but bid is not submitted by the bidder, such bid
bond shall be returned immediately.
iv) Unsolicited bids or bids being submitted to addresses other than the one specifically
stipulated in the tender documents will not be considered for evaluation if not received
to the specified destination within stipulated date and time./
10.2 A Job executed by a bidder for its own plant/projects cannot be considered as
experience for the purpose of meeting requirement of BEC of the tender. However, jobs
executed for Subsidiary/Fellow Subsidiary/ Holding company will be considered as
experience for the purpose of meeting BEC subject to submission of tax paid invoice(s)
duly certified by Statutory Auditor of the bidder towards payments of statutory tax in
support of the job executed for subsidiary/ Fellow subsidiary/ Holding company. Such
bidders to submit these documents in addition to the documents specified in the bidding
documents to meet BEC.
10.3 A new clause no. 36.5 in the General Conditions of Contract (GCC) for Works has been
appended as under :
(i) The contractor shall obtain necessary certificate with regard to verification of
character and antecedents in respect of personnel deployed/ proposed to be
deployed to carry out the contractual obligations and provide the copy of the said
certificate for facilitating Photo Pass to enter into GAILs premises.
10.4

10.5
(i)

(ii)

(iii)

AHR ITEMS (Abnormally High Rates):


In items rate contract where the quoted rates for the items exceed 50% of the estimate
rates, such items will be considered as Abnormally High Rates (AHR) items and payment
of AHR items beyond the SOR stipulated quantities shall be made at the lowest amongst
the following rates :
i) Rates as per SOR, quoted by the Contractor.
ii) Rate of the item , which shall be derived as follows :
a) Based on rates of Machine and labour as available from the contract (which
includes contractors 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 labour plus 15% to cover
contractors supervision profit, overhead & other expenses.
DISPUTE RESOLUTION: Please read this clause in conjunction with GCC clause no.
107.
GAIL (India) Limited has framed the Conciliation Rules 2010 in conformity with
supplementary to Part-III of the Indian Arbitration and Conciliation Act 1996 for speedier,
cost effective and amicable settlement of dispute through conciliation. A copy of the said
rules made available on GAILs web site www.gailonline.com for reference. Unless
otherwise specified, the matter where decision of the Engineer-in-Charge is deemed to be
final and binding as provided in the Agreement and the issues/disputes which cannot be
mutually resolved within a reasonable time, all disputes shall be settled in accordance
with the Conciliation Rules 2010.
Any dispute(s)/difference(s)/issue(s) of any kind whatsoever between/ amongst the
Parties arising under/out of/in connection with this contract shall be settled in accordance
with the afore said rules.
In case of any dispute(s)/difference(s)/issue(s), a Party shall notify the other Party (ies)
in writing about such a dispute(s)/ difference(s)/ issue(s) between/ amongst the Parties
and that such a Party wishes to refer the dispute(s)/ difference(s)/issue(s) to Conciliation.
Such invitation for Conciliation shall contain sufficient information as to the
dispute(s)/difference(s)/issue(s) to enable the other Party(ies) to be fully informed as to

the nature of the dispute(s)/difference(s)/issue(s), the amount of monetary claim, if any,


and apparent cause(s) of action.
Conciliation proceedings commence when the other party(ies) accept(s) the invitation to
conciliate and confirmed in writing. If the other party(ies) reject(s) the invitation, there
will be no conciliation proceedings.

(iv)

(v)

If the party initiating conciliation does not receive a reply within thirty days from the date
on which he/she sends the invitation, or within such other period of time as specified in
the invitation, he/she may elect to treat this as a rejection of the invitation to conciliate.
If he/she so elects, he/she shall inform the other Party (ies) accordingly.

(vi)

Where invitation for Conciliation has been furnished, the Parties shall attempt to settle
such dispute(s) amicably under Part-III of the Indian Arbitration and Conciliation Act,
1996 and GAIL(India) Limited Conciliation Rules, 2010. It would be only after exhausting
the option of Conciliation as an Alternate Dispute Resolution Mechanism that the Parties
hereto shall go for Arbitration. For the purpose of this clause, the option of Conciliation
shall be deemed to have been exhausted, even in case of rejection of Conciliation by
any of the Parties.

(vii)

The cost of Conciliation proceedings including but not limited to fees for conciliator(s), Air
fare, Local Transport, Accommodation, cost towards conference facility etc. shall be
borne by the Parties equally.
The Parties shall be freeze claim(s) of interest, if any, and shall not claim the same during
the pendency of Conciliation proceedings. The Settlement Agreement, as and when
reached/agreed upon, shall be signed between the parties and Conciliation proceedings
shall stand terminated on the date of the Settlement Agreement.
In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job
for any mistake committed by him in bidding or withdrawal of bid or varying any term in
regard thereof leading to re-tendering, GAIL shall forfeit Earnest Money paid by the
bidder and such bidders shall be debarred from participation in re-tendering of the same
job(s)/item(s).

(viii)

10.6

10.7

Following provisions are applicable for MSE (Micro and Small Enterprises):

i) Issue of Tender Documents to MSEs free of cost


ii) Exemption to MSEs from payment of EMD/Bid Security.
iii) In Tender, participating Micro and Small Enterprises quoting price within price band of
L1+15% shall also be allowed to supply a portion of requirement by bringing down their
prices to L1 price in a situation where L1 price is from someone other than a micro and
small enterprises and such micro and small enterprises shall allowed to supply up to 20%
of the total tendered value. In case of more than one such Micro and Small Enterprises,
the supply shall be shared proportionately (to tendered quantity). Further, out of above
20%, 4% (20% of 20%) shall be from MSEs owned by SC/ST entrepreneurs. This quota
is to be transferred to other MSEs in case of non-availability of MSEs owned by SC/ST
enterprises.

iv) The quoted prices against various items shall remain valid in case of splitting of quantities
of the items as above.
v) In case bidder is a Micro or Small Enterprise under the Micro, Small and Medium
Enterprises Development Act 2006, the bidder shall submit the following:
a) Documentary evidence that the bidder is a Micro or Small Enterprises registered with
District Industries Centers or Khadi and Village Industries Commission or Khadi and
Village Industries Board or Coir Board or National Small Industries Corporation or
Directorate of Handicrafts and Handloom or any other body specified by Ministry of
Micro, Small and Medium Enterprises.
b) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate
documentary evidence in this regard.
The above documents submitted by the bidder shall be duly certified by the Statutory
Auditor of the bidder or a practicing Chartered Accountant (not being an employee or a
Director or not having any interest in the bidders company/firm) where audited
accountants are mandatory as per law.
If the bidder does not provide the above confirmation or appropriate document or any
evidence, then it will be presumed that they do not qualify for any preference admissible
in the Public Procurement Policy (PPP), 2012.
vi) If against an order placed by GAIL, successful bidder(S)( other than Micro/Small
Enterprise) is procuring material/services from their sub-vendor who is a Micro or Small
Enterprise registered with District Industries Centers or Khadi and Village Industries
Commission or Khadi and Village Industries Board or Coir Board or National Small
Industries Corporation or Directorate of Handicraft and Handloom or any other body
specified by Ministry of Micro, small and Medium Enterprises with prior consent in writing
of the purchasing authority/Engineer-in-charge, the details like name, Registration No.,
Address, Contact No. details of material & value of procurement made, etc. of such
Enterprises shall be furnished by the successful bidder at the time of submission of
invoice/Bill.
Note:1. Please confirm that you have received the tender document and will be quoting for the
tender items/jobs. In case, you are not quoting for the same, please send the reasons
failing which GAIL may not send tender document to such bidder(s) in future.
1 Please note that this is a zero deviation tender. Bidder is advised to strictly confirm
compliance to tender conditions and not to stipulate any deviation / conditions in their
offer. Subsequent to bid submission, GAIL will not seek confirmations / clarifications and
any bid(s) not in line with tender conditions shall be liable for rejection.
2 Bidder is also requested to submit the documents / confirmations strictly as per the check
list Annexure-B enclosed in the tender document.

SIGNATURE OF BIDDER
NAME OF BIDDER
COMPANY SEAL

: _____________________________
: _____________________________
: _____________________________

ANNEXURE-III
SPECIAL CONDITIONS OF THE CONTRACT (SCC):PART-A
SUBJECT:

AMC FOR SACRIFICIAL CATHODIC PROTECTION SYSTEM OF 5.6 KM AT


GAIL, LAKWA PIPELINE

TENDER NO: GAIL/LAK/52067/3300057121/C&P/ELE/2014

Dated. 30.10.2014

1.0

GENERAL:

1.1

The Special Condition of Contract shall be read in conjunction with the General Conditions
of Contract, Schedule of Rates, Specifications, Drawings and any other documents
forming part of contract, wherever the context so requires. Notwithstanding the subdivision of the documents into these separate sections and volumes, every part of each
shall be deemed to be supplementary to and complementary of every other part and shall
be read with and into the CONTRACT so far as it may be practicable to do so.

1.2

Where any portion of the General Condition of Contract is repugnant to or at variance


with any provisions of the Special Conditions of Contract, unless a different intention
appears, the provisions of the Special Conditions of Contract shall be deemed to over-ride
the provisions of the General Conditions of Contract and shall to the extent of such
repugnancy, or variations, prevail.

1.3

Wherever it is mentioned in the specifications that the CONTRACTOR shall perform


certain WORK or provide certain facilities, it is understood that the CONTRACTOR shall do
so at his cost and the VALUE OF CONTRACT shall be deemed to have included cost of
such performance and provisions, so mentioned.

1.4

The materials, design, and workmanship shall satisfy the relevant INDIAN STANDARDS,
the JOB SPECIFICATIONS contained herein and CODES referred to. Where the job
specification stipulate requirements in addition to those contained in the standard codes
and specifications, these additional requirements shall also be satisfied.

1.5

The intending bidder shall be deemed to have visited the site. Non-familiarity with site
condition and unawareness of General Condition of contract will not be considered a
reason either for extra claim or for not carrying out work in strict conformity with
drawings and specifications.

2.0

LOCATION:
The Location of the work shall be as per Special Conditions of Contract Part-B.

3.0

SCOPE OF WORK:
The Scope of work shall be as per Special Conditions of Contract Part-B.

4.0

TIME OF COMPLETION/PERIOD OF CONTRACT:


The Time of Completion/Period of Contract shall be as per Special Conditions of
Contract Part-B of tender. The work shall be executed strictly as per time Schedule
given in Tender Document. The period of completion given includes the time required for
mobilization as well as completion in all respects to the entire satisfaction of the
Engineer-in-Charge.

5.0

MODE OF PAYMENT:
Payment shall be released through electronic mode (e-banking) only to your bank
account. You are requested to furnish attached Annexure-D after duly filled and signed
and stamped from your authorized signatory and countersigned by your banker.

The bidders who have already furnished their bankers detail in the specified format
(whichever is applicable) to GAIL, Lakwa, further declaration of bankers detail is not
required.
6.0

PAYMENT TERMS:
The payment will be made after completion of the work as certified by EIC and on
submission of bills as per Special Conditions of Contract Part-B of tender. For
enabling e-banking transfer, the party is required to submit the account number in a
bank having e-banking facility. Payment shall be made after due deductions of applicable
taxes and any other statutory deductions as applicable.

7.0

PRICE REDUCTION SCHEDULE:

7.1

Time is the essence of the contract. In case the contractor fails to complete the work
within the stipulated period, then, unless such failure is due to owners defaults, the
contractor shall pay to the owner, by way of compensation for delay and not as penalty,
a sum @ 1/2% (Half percent) of the value of contract for delay per week or part thereof
subject to a maximum of 5% (Five percent) of the value of work executed.

7.2

The decision of the Engineer-In-Charge in regard to applicability of compensation for


delay shall be final and binding on the contractor.

7.3

Please read this clause in conjunction with Clause No. 27 of General Conditions of
Contracts and Clause No. 13 of SCC (Special Conditions of Contracts) Part-B.

8.0

INCOME TAX/ SALES TAX/WORKS CONTRACT TAX:

8.1

Income Tax deduction shall be made from all payments to the contractors as per rules
and regulation in force in accordance with the Income Tax Act prevailing from time to
time. Sales Tax, Works Contract Tax and other duties/ levies, as applicable shall be borne
by the contractor.

8.2

GAIL will issue the necessary certificate for income tax deduction at source, however, the
contractor has to submit detail of their Permanent Account No. (PAN) before issue of
such certificate. However, if the contractor has not been allotted PAN and has applied for
the same to Income Tax department / the authorized agency nominated by Income Tax
department, contractor shall submit the copy of application filed for allotment of PAN No.
In absence of any of these documents, no TDS certificate shall be issued by GAIL.

8.3

Similarly, in case of Works Contract (involving both supply of material and services) Tax
will be deducted at source by GAIL towards W.C.Tax at the rate applicable from time to
and issue necessary certificate to this effect.

9.0

SERVICE TAX:

9.1

The Quoted rates should be inclusive of all taxes & duties applicable during the contract
period except Service Tax and Education Cess thereon. Service Tax and Cess thereon
shall be paid extra if applicable on submission of documentary evidence/invoice(s).

9.2

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.

9.3

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).

9.4

For payment of service tax, serially numbered invoice / bill shall be issued by the service
provider and should also specify following:
(i)

The name, address and registration number of the service provider

(ii)

The name and address of the recipient of the taxable service

(iii)

Description, classification and value of taxable service provided and

(iv)

The service tax payable on such services

The above details are required to enable GAIL to avail Cenvat credit for the service tax
payments.
9.5

Penal Action will be taken against the successful bidder, if it is brought to the notice of
GAIL that the vendor have not deposited service tax collected from GAIL to the
Government exchequer.

10.0 SECURITY
DEPOSIT/CONTRACT
PERFORMANCE BANK GURANTEE:

PERFORMANCE

SECURITY/CONTRACT

10.1 Successful bidder has to deposit contract performance security @ 7.5% of total contract
value or the actual value of work to be done whichever is applicable due to any additional
work or any other reasons in the following manner:
a) Initial Security Deposit @ 2.5% within 15 days from the date of award.
b) Remaining 5% shall be recovered from their RA Bills. .
Note: Contract value as mentioned above shall be excluding taxes & duties/service tax.
10.2 Security Deposit/Contract performance Guarantee can be submitted at the bidders
option, in the form of bank Guarantee, Demand Draft (DD), bankers Cheque, a letter of
credit to be denominated in the currency of contract for the amount as applicable.
10.3 GAIL shall pay no interest on the Earnest Money deposit or Security Deposit or
performance bank guarantee furnished by the contractor and the Security deposit will be
refunded after the expiry of Defects Liability Period.
10.4 The Security deposit / bank guarantee shall liable to be forfeited / invoked in case of
termination of the contract by GAIL under SCC Part-A of the tender.
10.5

GAIL shall have right to recover from the security deposit / bank guarantee the balance
amount, if any, which could not be recovered from the payments to the contractor under
any of the clauses of this contract.

10.6

The contractor shall be liable to pay further balance of recovery / claim if any, which
could not be recovered from the payments to the contractor and / or from the security
deposit / bank guarantee.

10.6.1 Security deposit / Contract Performance Bank Guarantee is towards performance


guarantee for satisfactory performance of the contract. Therefore, the Bank Guarantee
should be valid up to expiry of defect liability period/120 days after completion of the
contract period. In the absence of such validity, payments of all dues to the contractor
will be withheld. On production of performance guarantee, Earnest Money Deposit will be
released.
10.7

The Security Deposit / Bank guarantee, subject to recoveries, if any, shall be refunded to
the contractor after the successful completion of the contract and after expiry of the
defect liability period.

10.8

In case the contractor fails to carry out the job, as per the terms and conditions of the
contract, the security deposit / bank guarantee is liable to be forfeited / invoked, without
prejudice to any other right, which GAIL may have under this contract or otherwise.

10.9

The Bank Guarantee has to be given as per Performa enclosed with the tender.

10.11 The security Deposit /Contract Performance Guarantee will invariable be obtained even
from the Public sector Undertaking (which is otherwise exempted from (EMD).

10.12 Bank Guarantee towards Contract Performance Security may be accepted from any
Indian schedule bank or a branch of an International bank situated in India and
registered with Reserve Bank of India as scheduled foreign bank in case of Indian bidder
as well as foreign bidder. 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 made by such commercial bank
either in the Bank Guarantee itself or separately on a letter head.
10.13 The Contractors/suppliers (successful bidders) should ensure that BGs to be submitted by
them should be sent to GAIL (India) Ltd., Lakwa directly by issuing bank under
Registered Post (AD).
10.14 In exceptional cases, where the BG are received through the contractors, suppliers etc.,
the issuing branch should be requested to immediately send by Registered Post (AD) an
unstamped duplicate copy of the Guarantee directly to GAIL (India) Limited, Lakwa with
a covering letter to compare with original BGs and confirm that it is in order.
11.0 TERMINATION:
11.1 GAIL may without prejudice to its rights against the contractor in respect of any delay or
otherwise or any claims for damage, in respect of any breach of the terms of the contract
and without prejudice to any rights or remedies under any of the provisions of this
contract or otherwise, by notice in writing absolutely terminate the contract with
immediate effect in any of the following cases:
a) In the event of the contractor going into liquidation or winding up his business or
making arrangement with his creditors, GAIL shall have the right to terminate the
contract without prejudice to any other rights / remedies.
b) In the event, if it is found that contract has been procured by submitting incorrect or
incomplete statements by the contractor or by marking any misrepresentation.
c) If in the opinion of GAIL, the contractor has delayed or suspended the execution of
work, the facilities and Vehicle etc., offered by the contractor to be inadequate for
effective completion of the job.
d) In the event of any breach of the terms and conditions of the contract by the
contractor or if the contractor is found to be indulging in activity subversive to GAILs
interest or activity prejudicial to the interests of GAIL and for any other good or
sufficient reasons.
e) Up to such termination of the contract the security Deposit / Bank Guarantee are
liable to be forfeited / invoked to satisfy the outstanding claims of GAIL.
11.2 Notwithstanding anything contained above, GAIL may as its sole discretion, terminate this
contract by giving the contractor 30 days written notice to the effect., without
assigning any reasons whatsoever.
11.3 The contract shall be deemed to have expired on expiry of the original period of two
years unless extended or handing over of Lakwa Plant to BCPL whichever is earlier.
12.0 FALSE/FORGED DOCUMENTS:
12.1 Bidder is 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.
12.2.1 Incase, the information/document furnished by the vendor/contractor forming basis of
evaluation of his bid is found to be false/forged after the award of the contract. GAIL
shall have full right to terminated the contract and get the remaining job executed at the

risk & cost of such vendor/contractor without any prejudice to other right available to
GAIL under the contract such as forfeiture of CPBG/Security Deposit, withholding of
payment etc.
12.2.2 Incase, this issue of submission of false document comes to the notice after execution of
work, GAIL shall have full right to forfeit any amount due to the vendor/contractor along
with forfeiture of CPBG/Security Deposit furnished by the vendor/contractor.
12.2.3 Further, such bidder/vendor/contractor shall be put on Blacklist/Holiday List of GAIL
debarring them from future business with GAIL.
13.0 TECHNICAL SPECIFICATION:
As enumerated in Special Conditions of Contract Part-B/Scope of Work.
14.0 TESTS AND INSPECTION:
14.1

The Contractor shall carry out the various tests as enumerated in the technical
specifications of this tender document and the technical documents that will be furnished
to him during the performance of the work and no separate payment shall be made
unless otherwise specified in schedule of rates.

14.2 All the tests either on the field or at outside laboratories concerning the execution of the
work and supply of materials by the Contractor shall be carried out by Contractor at his
own cost.
14.3 The Contractor shall provide for purposes of inspection, Access ladders, lighting and
necessary instruments at his own cost.
14.4 Any work not conforming to execution drawings, specifications or codes shall be rejected
forthwith and the Contractor shall carryout the necessary rectification at his own cost.
14.5 All results of inspection and tests will be recorded in the inspection reports, Proforma of
which will be approved by the Engineer-in-Charge. These reports shall form part of the
completion documents.
14.6 For materials supplied by Owner, Contractor shall carryout the tests, if required by the
Engineer-in-Charge, and the cost of such tests shall be reimbursed by the owner at actual
to the Contractor on production of documentary evidence. Contractor shall inspect
carefully all equipment before receiving them from Owner for installation purposes. Any
damage or defect noticed shall be brought to the notice of Engineer-in-Charge.
14.7 Inspection and acceptance of work shall not relieve the Contractor from any of his
responsibilities under this Contract.
15.0 MEASUREMENT OF WORK:
Measurement of works shall be made in the units mentioned in the Schedule of Rates.
16.0 DEFECT LIABILITY PERIOD:
As per SCC Part-B (If Applicable)
17.0 CONSTRUCTION EQUIPMENT AND SITE ORGANIZATION: - Not Applicable
17.1 The Contractor shall without prejudice to his overall responsibility to execute and
complete the work as per specifications and time schedule, progressively deploy
adequate equipment and tools and tackles and augment the same as decided by the
Engineer-in-Charge depending on the exigencies of the work so as to suit the
work/construction schedule without any additional cost to owner. The bidder shall submit
a list of construction equipment he proposes to deploy for the subject work along with
deployment schedule. No Construction Equipment shall be supplied by the Owner.
17.2 Subject to the provisions in the tender document and without prejudice to Contractor's
liabilities and responsibilities to provide adequate qualified and skilled personnel on the
work, contractor shall deploy site organization and augment the same as decided by the

Engineer-in-Charge depending on the exigencies of work, without any additional cost to


owner. The bidder shall submit the details of minimum site organization proposed by him.
18.0 MOBILIZATION ADVANCE (M.A.):
No mobilization advance is payable for this work.
19.0 COMPENSATION FOR EXTENDED STAY:
No compensation for extended stay is payable to contractor.
20.0 ABNORMAL RATES:
The bidder is expected to quote rate for each item after careful analysis of cost involved
for the performance of the completed item considering all specifications and conditions of
contract. This will avoid loss of profit or gain in case of curtailment or change of
specification for any item. In case it is noticed that the rates quoted by the bidder for any
item are unusually high or unusually low, it will be sufficient causes for the rejection of
the tender unless the EMPLOYER is convinced about the reasonableness after scrutiny of
the analysis for such rate(s) to be furnished by the Bidder (on demand).
21.0 MISCELLANEOUS:
All obligations arising of labor deployment labor laws to meet the necessary statutory
requirement would solely lie on the contractor. Contractor would be solely responsible for
safety and security of manpower and materials.
22.0 SUBMISSION OF TENDER DOCUMENTS:
Over-writing should be avoided. Any overwriting or cutting should be signed by the
bidder. All copies of tender documents along with drawings should be signed and
submitted by the bidder.
23.0 SCHEDULE OF RATES:
23.1 The quantities indicated in Schedule of Rates are tentative. The rates quoted by the
bidder shall remain firm for any variation and will be assumed to be inclusive of all taxes
& duties excluding Service Tax & Cess thereon.
23.2 No escalation of whatsoever nature shall be paid to the contractor for the entire Contract
Period.
23.3 In case of any variation in rates quoted for similar items in different sub heads of work
for the same package/work, the lowest of the rates quoted shall be payable irrespective
of the sub heads.
24.0 CONTRACT AGREEMENT:
The successful contractor shall enter into an agreement with GAIL in the prescribed
Proforma within 15th days of the issue of LOA/LOI whichever is earlier. The agreement
shall be executed on non-judicial stamp paper of Assam for Rs.100/- .The cost of stamp
paper shall be borne by the contractor. The format of agreement is available with tender
document.
25.0 SUPERVISION OF WORK:
As per Special Conditions of Contract Part-B.
26.0 CLEARANCE OF SITE:
26.1 As a part of the contract the contractor shall completely remove all temporary/disposable
materials, while execution of work at his own cost and initiative and dispose off the same
as directed by Engineer-in-charge.
26.2 The works will not be considered as complete and taken over by the owner, until all the
temporary works, labor and staff colonies etc. constructed are removed and the work site

cleared to the satisfaction of the Engineer-in-charge, surplus materials and rubbish is


cleared off the site completely and the work shall have been measured by the Engineerin-charge whose measurement shall be binding and conclusive.
26.3 If the contractor fails to comply with the requirements of this clause on or before the
date fixed for the completion of the work, the Engineer-in-charge may at the expense of
the contractor remove such surplus materials and rubbish and dispose off the same as
he thinks fit and clean off such dirt as aforesaid, and the contractor shall forthwith pay
the amount of all expenses as incurred and shall have no claim in respect of any such
surplus materials as aforesaid except for any sum actually realized by the sale thereof.
27.0 ADHERENCE TO SAFETY REGULATIONS:
Contractor shall ensure that all safety precautions required are observed at all times
during the execution of the job.
28.0 NUISANCE:
The contractor or his representative shall not at any time cause any nuisance on the site
or do anything which shall cause unnecessary disturbance to the owners or tenants or
occupants or their properties near the site and to the public generally.
29.0 OWNER NOT BOUND BY PERSONAL REPRESENTATION:
The contractor shall not be entitled to any increases on the schedule of rates or any other
right or claim whatsoever by reason of any representation, explanation statement or
alleged representation explanation statement or alleged representation, promise or
guarantees given or called to have been given to him by any person.
30.0 CARE OF WORKS:
From the commencement to completion of the work, the contractor shall take full
responsibility for the care for all works including all temporary works any in case any
damages, loss or injury shall happen to the work or to a part thereof or to any temporary
works from any reason.
31.0 DEFENCE OF SUITS:
If any action in court is brought against the owner or an officer or agent of the owner, for
the failure, omission or neglect on the part of the contractor to perform any acts,
matters, convenient or things under the contract or damage or injury caused by the
alleged omission or negligence on the part of the contractor, his agents, representative or
his subcontractors or in connection with any claim based on lawful demand of subcontractor, shall in such cases indemnify and keep the owner and/or their representatives
harmless from all lesson, damages, expenses or decrease arising out of such action.
32.0 COMPLIANCE WITH LABOUR/INDUSTRIAL LAWS:
The contractor shall ensure adherence to various legislations while and after award of the
contract:
32.1

The Contractor/contracting firm shall obtain comprehensive insurance policy covering all
risks such as accidents, injuries and death likely to be caused to his workers or -to a third
person including loss to the properties of Owner /GAIL or to some other agency. The
premium amount should be deposited with the insurance agency by the contractor
regularly and without any delay.

32.2

In case of any accident resulting in injury or death in respect of the personnel deployed
by the contractor during the execution of the work, the contractor shall be solely
responsible for payment of adequate compensation, insurance amount, etc. to the person
injured/next kith and kin of the deceased. Contractor shall indemnify GAIL from such
liabilities.

32.3

The contractor/contracting firm shall not employ any person suffering from any
contagious, loathsome or infectious disease. The contractor/contracting firm shall get

examined his employees / workers through a Government Doctor before deployment and
their Annual Health Check Up report in the standard format is enclosed with the tender
document should be submitted to EIC from time to time
32.4

No worker of contractor/contracting firm and contractor himself shall be allowed to


consume alcoholic drinks or any narcotics within the plant premises. If found under the
influence of above, the contractor/contracting firm shall have to change/replace him,
failing which, GAIL may terminate the contract.

32.5

The contractor/contracting firm shall indemnify GAIL against all claims, demands, actions,
cost and charges etc. brought by any Court, Competent Authority / Statutory Authorities
against any act or acts of the contractor/contracting firm or his workers.

32.6

The contractor/contracting firm shall deploy the workers after verification of their
character and antecedents. In case any worker is found having criminal record, he shall
have to be immediately replaced without any delay.

32.7

The persons to be deployed should be on rolls of the contractor/contracting firm.

32.8

The contractor/contracting firm shall issue proper identity cards to all the workers who
are to be engaged for the job. The identity cards shall be signed by the contractor or his
authorized representative. The contractor/contracting firm shall also be responsible for
obtaining the gate passes from CISF in respect of all their personnel.

32.9

The supervision of the personnel shall be done by the contractor/contracting firm through
their authorized representative.

32.10 The contractor shall be solely responsible for disciplining the personnel deployed by him.
Further, he shall ensure that none of his workers create any nuisance or indulge in antisocial and criminal activities during the entire period of contract. In case, anybody is
found indulging in such activities, then he will have to be immediately removed without
any prejudice to further necessary action as deemed fit.
32.11 Sub letting of work without prior written permission of GAIL: No contractor/contracting
firm shall sub let or assign any work in part or whole to any individual, proprietorship
firm, partnership firm, Private Ltd. Company, etc. without prior written permission of
GAIL.
32.12 The contractor/contracting firm shall be required to obtain Labour License from Assistant
Labour Commissioner (Central), Sivasagar if he engages 20 or more workmen/labours.
32.13 The contractor/contracting firm shall pay the wages to the workers latest by 7th of the
subsequent month at the rates as per the Minimum Wages Act and as notified by the
Assistant Labour Commissioner (Central), Dibrugarh from time to time. The Engineer In
charge shall ensure that the contractor/contracting firm is making payment of wages to
its labours not less than the wages notified by the appropriate authority from time to
time.
32.14 The contractor/contracting firm shall have a separate Provident Fund Code allotted in his
name by the Regional Provident Fund Commissioner and submit the copy of monthly
challan for the amount deposited towards Provident Fund along with a list of his
labours/workers to the Engineer In charge.
32.15 The contractor/contracting firm shall be required to deposit contribution towards
Provident Fund, Pension, ESI, if applicable, or any other statutory payments to be made
in respect of his workers well in time and submit a copy of challan to owner/Engineer Incharge in monthly basis failing which GAIL will deduct from his bills the amount
equivalent to such deductions along-with penalty as per the provisions of the applicable
Act.

32.16 The contractor/contracting firm shall obtain registration under Inter State Migrant
Workmen (Regulation of Employment and Conditions of Service) Act, 1979 if he deploys
and engages labours from states other than Assam.
32.17 The contractor/contracting firm shall strictly comply with the various provisions of
Payment of Wages Act, 1936, Workmens Compensation Act, 1923, Minimum Wages Act,
1948, Contract Labour (Regulation & Abolition) Act,1970, Employees Provident Fund and
Miscellaneous Provisions Act. 1952, etc. and other labour legislations as in existence (at
present in India) and as amended from time to time.
32.18 No accommodation will be provided to the contractor/contracting firm as per guidelines
of GAIL Corporate Office, New Delhi.
32.19 The deployed labour by the contractor shall be directly controlled / supervised / directed
by the contractor himself or his representatives.
33.0

PHOTOGRAPHS/ LABOUR PERMISSION/VEHICLE PERMISSION:


The contractor shall arrange to make photo gate passes/ labor permissions/ vehicle
passes etc. for his persons/ labors/ vehicles for working in site plant premises at his own
cost as per rules GAIL.

34.0

ARBITRATION CLAUSE:

34.1

All disputes or differences, whatsoever, arising between the parties hereto pertaining to
any part of the contract including its execution or concerning the WORKS or maintenance
thereof this CONTRACT or to the rights or to liabilities of the parties or arising out or in
relation thereto whether during or after completion of the CONTRACT or whether before
or after determination, foreclosure or breach of the CONTRACT (other than those in
respect of which the decision of any person is by the CONTRACT expressed to be final
and binding) shall after written notice by either party to the CONTRACT be referred for
adjudication to a sole arbitrator to be appointed by GAIL as hereinafter provided.

34.2

For the purpose of appointing the Sole Arbitrator referred to above, the Appointing
Authority will send within thirty days of receipt of the notice, to the CONTRACTOR a
panel of three names which are not connected with the work in question.

34.3

The CONTRACTOR shall on receipt of the names as aforesaid, select any one of the
persons named to be appointed as a sole Arbitrator and communicate his names to the
Appointing Authority within thirty days of receipt of names. The Appointing Authority
shall thereupon without any delay appoint the said person as the sole arbitrator. If the
CONTRACTOR fails to communicate his choice for appointment of Arbitrator, the
Appointing Authority shall do it on expiry of 30 days.

34.4

If the Arbitrator so appointed is unable to or unwilling to act or resigns or vacates his


office due to any reason whatsoever, another sole Arbitrator shall be appointed as
aforesaid.

34.5

The WORK under the CONTRACT shall however, continue during the Arbitration
proceedings and no payment due or payable to the CONTRACTOR shall be withheld on
account of such proceedings.

34.6

The award of the Arbitrator shall be final and binding on both the parties.

34.7

Subject to aforesaid the provisions of the Indian Arbitration and Conciliation Act, 1996 or
any statutory modification or re-enactment thereof and the rules made there under, and
for the time being in force, shall apply to the arbitration proceeding under this clause.

35.0

JURISDICTION:
The venue for arbitration shall be New Delhi. The arbitrator may with the consent of the
parties enlarge the from time to time to make and publish his award. The arbitrator will
decide by whom and what proportion the arbitrators fees at cost incurred in arbitration
shall be borne.

36.0

INDEMNIFY:
The Contractor shall indemnify and save GAIL, its agents, servants, representatives
harmless from and against all actions, suits proceedings, losses, cost, damages, charges,
claims and demands of every nature and description brought or recoveries made against
the GAIL by reasons of any act or omission of the contractor, his agents, representatives
or employees in the execution of the contract.

37.0

PRICE PREFERENCE:
Price Preference to Central/State Government/Public Sector, Enterprises (PSEs), Public
Sector Construction and Services Enterprises or joint ventures with PSEs shall be
applicable as per directives of Government of India.

38.0

PENALTY AGAINST VIOLATION OF SAFETY, HEALTH AND ENVIRONMENT


RELATED NORMS:

39.0

Against Violation of applicable Safety, Health and Environment related norms, a penalty
of Rs. 5,000.00 per occasion.

40.0

Violation as above resulting in:


i) Any physical injury, a penalty of 0.5% of the contract value (maximum of
Rs.2,00,000.00) per injury in addition to Rs.5,000.00 as in item no. 40.1.
ii) Fatal accident, a penalty of 1% of the contract value (maximum of Rs.10,00,000.00)
per fatality is addition to Rs.5,000.00 as in item no. 40.1.
SIGNATURE OF BIDDER
NAME OF BIDDER
COMPANY SEAL

: _____________________________
: _____________________________
: _____________________________

ANNEXURE-IV
SPECIAL CONDITIONS OF THE CONTRACT (SCC) :PART-B & SCOPE OF WORK
SUBJECT:

AMC FOR SACRIFICIAL CATHODIC PROTECTION SYSTEM OF 5.6 KM AT


GAIL, LAKWA PIPELINE

TENDER NO: GAIL/LAK/52067/3300057121/C&P/ELE/2014

Dated. 30.10.2014

Special conditions of contract shall be read in conjunction with the General Conditions of
Contract, Specifications of work, drawing and any other document forming part of this contract,
wherever the context so requires.
Notwithstanding the sub divisions of this document into separate sections and volumes, every
part of each shall be deemed to be supplementary to and complementary of every other part
and shall be read with and into the contract so far as it may be practicable to do so.
Where any portion of the Special Conditions of Contract is repugnant to or at variance with any
provisions of the General Conditions of Contract, the provision of the Special Conditions of
Contract shall be deemed to over-ride the provisions of the General Conditions of Contract.
Wherever, it is mentioned in the specifications that the Contractor shall perform certain work or
provide certain facilities, it is understood that the Contractor shall do so at his own cost and the
contract price shall be deemed to have included the cost of such performances and provisions
mentioned.
The work shall be strictly carried out as per the detailed work order along with statement of
agreed variations and its enclosures, schedule of rates, special conditions of contract, technical
specifications/specific requirements, General Conditions of Contract.
1.0 SITE INFORMATION: The AMC is to be carried out for the below mentioned site of
GAIL(INDIA) Limited
LPG Recovery Plant
Gail (India) Limited
P O: Lakwa (Assam)
Sivasagar Dist.
Assam 785688
The plant is situated at distance of approximately 40km from Sivasagar town.
GAIL (India) Limited at Lakwa has 24 dia, 2.00 Km pipe line from GGS-1 to LPG plant Lakwa, 24
dia, 2.30 Km pipe line from GDT to LPG plant Lakwa, 16 dia, 0.30 Km from GGS-1 to GDT bye pass
line and 12 dia 1.00 Km pipe line from GDT to ASEB, Maibella. In total 5.6 Km different size of pipe
lines.
The normal working hours in LPG Recovery Plant, Lakwa is 08:00hrs to 16:30hrs with lunch break
for half an hour which shall be counted as one man-day. The service personnel have to report at
site at 08:00hrs the day work starts with prior information to & consent of EIC
It is understood that before quoting the rates, the bidder has visited the worksite at his own cost
and has acquainted himself fully with the nature and quantum of job to be carried out by him in
case of Award. Ignorance of this will not be considered after the award of Contract. The contractor
will be responsible to complete the entire job in all respects, including any other work necessary to
complete the job satisfactorily, though specifically not covered in the Scope of Work.

2.0 WORK TENDERED:


AMC for sacrificial cathodic protection system of 5.6km GAIL Lakwa pipe line.
3.0 CONTRACT PERIOD
The contract shall be valid for a period of 2 years from the date of issue of LOA (Including
mobilization period) OR till the handing over of GAIL LPG Recovery Plant at Lakwa to M/s
Brahmaputra Cracker and Polymer Limited whichever is earlier.
4.0 ADHERENCE TO TECHNICAL SPECIFICATIONS
a) The work shall be carried out as per standard specifications and as directed by Engineer in
Charge.
b) It will be assumed that specifications / nomenclature of item have been fully read and
understood by the contractor irrespective of the fact whether they have so or not and no claim
on this shall be entertained at a later date.
5.0 CARE OF WORK
From the commencement to completion of the work, the contractor shall take full responsibility
for the care for all works including all temporary works and in case of damages, loss or injury,
the total responsibility will lie upon the contractor.

6.0 DEFECT LIABILITY PERIOD (DLP)


The Defect Liability Period (DLP) for the work under the Contract shall be 12 (twelve) months from th
date of completion of work. Any defect or damage discovered / observed in the work done / mater
supplied by the contractor within this period due to poor workmanship or poor quality material shall b
rectified / replaced by the contractor free of cost. In case of default, GAIL will get the same rectified
replaced by other agency and the expenses so incurred shall be deducted from the contractors Bills
Security Deposit for which the decision of EIC shall be final.

7.0 CONTRACTORS SCOPE OF SUPPLY


Contractor shall provide to their staff appropriate tools and measuring instruments for proper executio
of the job, as required for the job detailed in annexure A. It shall be the contractors responsibility
provide and maintain all the tools & tackles in good working condition.
Supply of all required materials, manpower, equipments and consumable shall be in the scope
of contractor and the quoted rates shall be inclusive of all necessary input to complete the job.
The contractor shall also remain in touch with the EIC for knowing the requirement of jobs, and w
accordingly arrange for deployment of material & manpower as per the requirement. Contractor shou
follow all security rules and regulations of GAIL.
Contractor shall provide all safety gears for safe working to his personnel such as safety shoes, helmet
gloves etc. at his own cost.
Transportation, lodging & boarding charges are in the scope of contractor. Transportation from GA
office to site is under the scope of contractor.
All electrical works shall be carried out by wiremen and supervisors having valid
wiremen/supervisory license issued by the Electrical licensing board, Assam and in accordance
with the latest Indian Electricity Rules.
The work shall be carried out as per relevant code of practices and in accordance with
international standards and specifications. Where the specifications stipulate requirements in
addition to those contained in the standard codes and specifications, these additional
requirements shall also be satisfied.

8.0 MOBILISATION ADVANCE:


No mobilization advance is payable to contractor for the said work.
9.0 VALIDITY OF QUOTED RATES:
The rates quoted / accepted shall remain valid for the entire duration of the Contract and no
escalation whatsoever shall be permissible after award of the Contract.
10.0 QUANTITIES:
During execution of item/work, vendor shall be bound to execute them at the rates quoted by
him. GAIL also reserves the right to split the item / work in full or in part during its execution
(depending upon exigencies of work) without assigning any reason thereof. The decision of
Engineer-in-charge shall be final and binding on the contractor in this regard. GAIL reserves the
right to revise/amend/add any conditions clause and other terms for speedy and timely
execution of job by issuing the orders.
11.0 TERMINATION OF CONTRACT:
If at any moment GAIL feels that the services provided is not satisfactory, GAIL reserves the
right to terminate the services immediately and in that case the Contractor will not be paid any
Compensation and his Security Deposit will be forfeited.
12.0 PERMISSIONS
While doing the work, it will be the responsibility of the contractor to take the necessary
permits/permissions prior to start of work.
13.0 Final Payment
For enabling payment by e-banking, the party is required to submit the account number in a
bank having e- banking facility. Payment shall be made after due deductions of applicable taxes
and any other statutory deductions as applicable.
100% payment against supply of materials shall be made within 15 days on receipt of bills in
duplicate after delivery of materials at site and submission of reports duly certified by Engineerin-charge.
100% payment against installation, testing and commissioning shall be made within 15 days on
receipt of bills in duplicate and submissions of reports duly certified by Engineer-in-charge.
14.0 Price Reduction Schedule Clause:
Time is the essence of the CONTRACT. In case VENDOR fails to complete the repairing job of CP
system within the stipulated period of one month from the date of intimation by GAIL , then ,
unless such failure is due to Force Majeure or due to EMPLOYERs defaults, the value of order
towards AMC shall be reduced by 0.5% of the value of order towards AMC per complete week of
delay or part thereof subject to a maximum of 5% of value of order towards AMC, by way of
reduction in price for delay and not as penalty. The said amount will be recovered from amount
due to the VENDOR.
2.0 Scope of work:
At present GAILs major part of pipeline is protected by Cathodic protection using
sacrificial anode system. In TOTAL 25 Nos. of Test Lead posts (TLPs) exists.
The Bidder prior to bidding should thoroughly see and understand the job, assess all the foreign
pipe line crossing GAIL pipe line, HT line crossings, site knowledge etc. As it will be the sole
responsibility of vendor to complete the job in all respect and to the satisfaction of GAIL.

Scope of work consists of :


1) Based upon the health of the CP system, GAIL will intimate the vendor for corrective
action once in a quarter. However, depending upon the condition of the CP system,
vendor may have to visit the site more than once in a quarter .
2) Vendor to ensure the completion of the work upto the satisfaction of EIC within one
month from the date of intimation by GAIL.
3) Vendor to submit the RA bill on quarterly basis.
4) Specification of anode and the backfill material shall be as mentioned in the SOR (
annexure A) .
5) Supply and installation of test stations for bonding and potential measurement. 25 sq.
mm cable are to be used for bonding and 4 sq. mm cable are to be used for PSP
measurement. Both of these cables should be PVC insulated and PVC sheathed
armoured cable.
6) Supply and installation of grounding cell, polarization cell and surge divertor.
7) Polarization cell should have good ventilation to atmosphere and shall be protected
against direct sunlight and rain\water.
8) Zinc grounding cell shall be mounted vertically such that the top of the cell is
approximately at the same elevation as the pipe centre line
9) Chemical composition of zinc anode(%weight) for grounding cell should be as below
AluminiumCadiumCopperIronLeadZinc-

0.005% max
0.003% max
0.002% max
0.0014% max
0.003% max
remainder

10)Testing, commissioning, connection of cable to test station, excavation and backfilling


work.
11)Characteristic of Magnesium anode should be as given below
Element
Manganese
Copper
Silicon
Zinc
Iron
Aluminium
Magnesium

Weight
0.5 - 1.3%
0.02%(max)
0.05% (max)
0.05%(max)
0.03%(max)
0.01%(max)
Balance

Capacity : 1100 to 1200 Amp. Hour per Kg


Anode efficiency: 50-55%
Consumption rate: 8Kg per Amp. Year
Open circuit voltage: (-) 1.5 to (-) 1.7V for CU/CUSO4 ref. electrode

Annexure-V

FORMS & FORMATS

ANNEXURE-A
ACKNOWLEDGEMENT CUM CONSENT LETTER
(Within 7 days of receipt of Bidding document, Bidder shall acknowledge the receipt
and confirm his intention to Bid against the enquiry/ tender through e-mail to
rmjain@gail.co.in or dpramanik@gail.co.in or through return FAX by filling up the
this Format.)
To,
Chief Manager (C&P)
GAIL (India) Ltd.,LPG Recovery Plant
Lakwa 785 688,Phone: 03772-257774
FAX: 011-26185941
SUBJECT:

AMC FOR SACRIFICIAL CATHODIC PROTECTION SYSTEM OF 5.6 KM AT


GAIL, LAKWA PIPELINE

TENDER NO: GAIL/LAK/52067/3300057121/C&P/ELE/2014

Dated. 30.10.2014

Dear Sir,
We hereby acknowledge receipt of a complete set of bidding document along with enclosures
for subject item/work.
We undertake that the contents of the above bidding document shall be kept confidential and
further that the drawings, specifications and documents shall not be transferred and that the
said documents are to be used only for the purpose for which they are intended.
A)

(ii)
(iii)
(iv)
(v)

We intend to bid as requested for the subject item/work and furnish following details
with respect to our quoting office:
Postal Address
:
.
.
Telephone Number :
.
Fax Number
:
.
Contact Person
:

E-mail Address
:

B)
(i)
(ii)
(iii)
(v)

Details of Contact person:


Postal Address
:
...
Telephone Number :
...
Fax Number
:
...
E-mail Address
:

C)

We are unable to bid for the reasons given below and we are returning back the entire set of
bidding documents.

(i)

Reasons for non-submission of bid:-----------------------------------------------------------------.


Agencys Name
: ..
Signature
: ..
Name
: ..
Designation :
Seal/Stamp
: ..
Date
:

ANNEXURE -B
CHECK LIST FOR SUBMISSION OF BID
SUBJECT:

AMC FOR SACRIFICIAL CATHODIC PROTECTION SYSTEM OF 5.6 KM AT


GAIL, LAKWA PIPELINE

TENDER NO: GAIL/LAK/52067/3300057121/C&P/ELE/2014

Dated. 30.10.2014

Bidder is to be submitted the bid through courier/post/in person separately in two parts in
sealed envelope super-scribed with the above bid document no., name of work, bid due date
& time of opening and name & address of the Bidder(Priced or Un- priced). The Un-priced Bid
and Price Bid shall contain the documents as specified below:
Part-I:
Bidder is requested to fill this check list and ensure that Technical and Un-Priced Commercial
Part (Part-I) shall comprise the attachments, specifying attachment number arranged in the
order as follows with duly filled in, signed & stamped. Bidder is required to submit the copies of
all certificates/documentary evidences duly attested by Statutory Auditor of the bidder or
a Chartered Accountant only and shall arrange his bid in the following order:
Sl.
No.
a)

Particulars required to submit in Un-price Bid


Earnest Money Deposit (EMD):- (enclose in separate envelop)
Value : Rs._____________
i. BG No._________ Dated ________ Valid upto _______________
ii. DD No. ________ Dated ________ Drawn on _____________

b)

Bid Letter along with all technical and commercial details of the
bidder

c)

One set of tender documents duly Signed & Stamped on all the
pages

d)

No Deviation Confirmation as per Annexure-C

e)

Blank Schedule of Rate duly Signed & Stamped on all the pages

f)

Copies of documents as per Exhibit-A for evidences toward Bidders


Eligibility Criteria (BEC)
Power of Attorney in favour of authorized signatory of the Bidding
documents
Organization details as per Clause no. 4.4.i.(h) of Instruction To
Bidder (ITB)
An undertaking on Letter Head Pad of the Bidder as per Clause no.
4.4.i.(i) of Instruction To Bidder

g)
h)
i)
j)

Service Tax Registration Certificate issued by Service Tax Authority

k)

P.F. Registration Certificate issued by PF Authority

l)

Notarized Affidavit towards proof of submitting true & genuine


documents

m)

Technical offer, Engineering details and any other relevant


document, if any, required as per Bidding document /Bidder desires
to submit

Status
(Yes/No )

Note: 1.All pages / documents are stamped and signed by the authorized signatory of the
bidder.
2.In case of Bank Guarantee submitted by the bidder towards EMD is issued by other
than nationalized Bank then a declaration from bidders bank confirming the bank is a
commercial bank having networth in excess of 100crores.
Part-II:
Bidder is requested to fill this check list and ensure that Priced Bid (Part-II) shall comprise the
follows with duly filled in, signed & stamped.
Sl.
No.
a)

Particulars required to submit in Un-price Bid

Status
(Yes/No )

Schedule of Rates duly filled in Two copies, Stamped and


Signedi.e. one ORIGINAL copy and one DUPLICATE copy.

b)

No stipulation, deviation, terms & conditions, presumption, basis or


any documents etc. shall be stipulated / submitted in Price bid.

c)

Priced bid containing any new/fresh conditions (not mentioned in


the un-priced bid) shall be liable for rejection.

d)

No mention of 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 head
Schedule of Rates (SOR) and indicate the discounted unit rate(s)
only.

SIGNATURE OF BIDDER

: _____________________________

NAME OF BIDDER

: _____________________________

COMPANY SEAL

: _____________________________

ANNEXURE -C
NO DEVIATION CONFIRMATION
To,
M/s GAIL (India) Limited,
LPG Recovery Plant, Lakwa
Dist: Sivasagar (Assam)
Pin: 785688
SUBJECT:

AMC FOR SACRIFICIAL CATHODIC PROTECTION SYSTEM OF 5.6 KM AT


GAIL, LAKWA PIPELINE

TENDER NO: GAIL/LAK/52067/3300057121/C&P/ELE/2014

Dated. 30.10.2014

Dear Sir,
We understand that any deviation/ exception in any form may result in rejection in bid. We,
therefore, certify that we have not taken any exception/ deviation to tender conditions
anywhere in the bid and we agree that if any deviation/ exception is mentioned or noticed, our
bid may be rejected.

SIGNATURE OF BIDDER

: _____________________________

NAME OF BIDDER

: _____________________________

COMPANY SEAL

: _____________________________

ANNEXURE -D
FORMAT APPLICABLE FOR
PARTIES WILLING TO RECEIVE E-PAYMENTS
Letter Head of vendor
Dated:
To,
M/s GAIL ( India ) Limited
LPG Recovery Plant
Lakwa (Assam)
Dist: Sivasagar, Pin: 785688
Kind Attention:
Dear Sir,
With reference to your advice, we hereby agree to accept the payment of our bill through
RTGS/NEFT/Electronic Mode

1
2
3
4
5
6
7
8
9
10

Vendor Code allotted by GAIL in SAP


Name of Beneficiary (i.e GAIL Vendor)
Name of the Beneficiarys Bank
Address of the Beneficiarys Bank Branch
Contact details of Branch with STD Code
Beneficiarys Bank Account No.(as per
cheque copy)
Beneficiarys Account Type (SB/CC/CA)
Current Account/Savings
Beneficiarys Bank IFSC Code (11 Digit)
Mobile ID of Beneficiary (One Number 9
only )
E-Mail ID of Beneficiary (One Mail ID
only)

hereby declare that the particulars given above are correct and complete. I agree to receive
transactional SMS /E-Mail Alerts from GAIL with regard to my bill payments.
Authorised Signatory
We hereby confirm that the above bank account details of beneficiary are correct in all respect
and the account of Beneficiary is maintained at our Bank branch.

(Name of Bank & Branch)


Authorized Signatory

PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT


(To be stamped in accordance with the Stamp Act)
Ref----------------

Bank Guarantee No. --------------------Date---------------------------------------

To
GAIL (India) Limited,
LPG RECOVERY PROJECT, LAKWA
DIST.: SIBSAGAR, ASSAM-785 688
Dear Sir (s),
In accordance with Letter inviting Tender under your reference No.--------------------------M/s--------------------------------------------------------------------------------------having
their
Registered/ Head Office at--------------------------------------------------------(hereinafter called the
Bidder) wish to participate in the said tender for--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------As an irrevocable Bank Guarantee against Earnest Money Deposit for an amount of ---------is
required to be submitted by the Bidder as a condition precedent for participation in the said
Tender which amount in liable to be for forfeited on the happening of any contingencies
mentioned in the Tender Document.
We, the ----------------------------------Bank at---------------------------------------------having our Head Office -----------------------------------------------------------------------------(Local Address) guarantee and undertake to pay immediately on demand by GAIL (India)
Limited, the amount -------------------------------------------without any reservation, protest, demur
and recourse. Any such demand made by GAIL, shall be conclusive and binding on us
irrespective of any dispute or difference raised by the Bidder.
This guarantee shall be irrevocable and shall remain, valid upto------------------------------- (This
date should be 180 days (One hundred & eighty days) after the date finally set out foe closing
of tender). If any further extension of this guarantee is required the same shall be extended to
such required period on receiving instructions from M/s------------------------------------------------------------------------------ on whose behalf this guarantee is issued.
In Witness whereof the Bank, through its authorized officer, has set its hand and stamp on this ---------------------------------day of -------------------------200 -------------------------- at --------------WITNESS :

(SIGNATURE)
(NAME)
(OFFICIAL ADDRESS)

(SIGNATURE)
(NAME)
Designation with Bank Stamp
Attorney as per ________________________
Power of Attorney No.
Date :__________________________________

PROFORMA FOR CONTRACT AGREEMENT


LOA/WO No:

Dated -

at GAIL (INDIA) Ltd. made on


Contract Agreement for the work of
between
hereinafter called the CONTRACTOR (which term shall unless
excluded by or repugnant to the subject or context include its successors and permitted
assignees) of the one part and GAIL (INDIA) LIMITED hereinafter called the EMPLOYER (which
term shall, unless excluded by or repugnant to the subject or context include its successors and
assignees) of the other part.
WHEREAS
A. The EMPLOYER being desirous of having provided and executed certain work mentioned,
enumerated or referred to in the Tender Documents including Letter Inviting Tender, General
Tender Notice, General Conditions of Contract, Special Conditions of Contract, Specifications,
Drawings, Plans, Time Schedule of completion of jobs, Schedule of Rates, Agreed Variations,
other documents has called for Tender.
B. The CONTRACTOR has inspected the SITE and surroundings of WORK specified in the Tender
Documents and has satisfied himself by careful examination before submitting his tender as to the
nature of the surface, strata, soil, sub-soil and ground, the form and nature of site and local
conditions, the quantities, nature and magnitude of the work, the availability of labour and
materials necessary for the execution of work, the means of access to SITE, the supply of power
and water thereto and the accommodation he may require and has made local and independent
enquiries and obtained complete information as to the matters and thing referred to, or implied in
the tender documents or having any connection therewith and has considered the nature and
extent of all probable and possible situations, delays, hindrances or interferences to or with the
execution and completion of the work to be carried out under the CONTRACT, and has examined
and considered all other matters, conditions and things and probable and possible contingencies,
and generally all matters incidental thereto and ancillary thereof affecting the execution and
completion of the WORK and which might have influenced him in making his tender.
C. The Tender Documents including the Notice Letter Inviting Tender, General Conditions of
Contract, Special Conditions of Contract, Schedule of Rates, General Obligations,
SPECIFICATIONS, DRAWINGS, PLANS, Time Schedule for completion of Jobs, Letter of
Acceptance of Tender and any statement of agreed variations with its enclosures copies of which
are hereto annexed form part of this CONTRACT though separately set out herein and are
included in the expression CONTRACT wherever herein used.
AND WHEREAS
The EMPLOYER accepted the Tender of the CONTRACTOR for the provision and the execution of
the said WORK at the rates stated in the schedule of quantities of the work and finally approved
by EMPLOYER (hereinafter called the "Schedule of Rates") upon the terms and subject to the
conditions of CONTRACT.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS
FOLLOWS:-

1. In consideration of the payment to be made to the CONTRACTOR for the WORK to be executed
by him, the CONTRACTOR hereby covenants with EMPLOYER that the CONTRACTOR shall and will
duly provide, execute and complete the said work and shall do and perform all other acts and
things in the CONTRACT mentioned or described or which are to be implied there from or may be
reasonably necessary for the completion of the said WORK and at the said times and in the
manner and subject to the terms and conditions or stipulations mentioned in the contract.
2. In consideration of the due provision execution and completion of the said WORK, EMPLOYER
does hereby agree with the CONTRACTOR that the EMPLOYER will pay to the CONTRACTOR the
respective amounts for the WORK actually done by him and approved by the EMPLOYER at the
Schedule of Rates and such other sum payable to the CONTRACTOR under provision of
CONTRACT, such payment to be made at such time in such manner as provided for in the
CONTRACT.
AND
3. In consideration of the due provision, execution and completion of the said WORK the
CONTRACTOR does hereby agree to pay such sums as may be due to the EMPLOYER for the
services rendered by the EMPLOYER to the CONTRACTOR, such as power supply, water supply
and others as set for in the said CONTRACT and such other sums as may become payable to the
EMPLOYER towards the controlled items of consumable materials or towards loss, damage to the
EMPLOYER'S equipment, materials construction plant and machinery, such payments to be made
at such time and in such manner as is provided in the CONTRACT.
It is specifically and distinctly understood and agreed between the EMPLOYER and the
CONTRACTOR that the CONTRACTOR shall have no right, title or interest in the SITE made
available by the EMPLOYER for execution of the works or in the building, structures or work
executed on the said SITE by the CONTRACTOR or in the goods, articles, materials etc., brought
on the said SITE (unless the same specifically belongs to the CONTRACTOR) and the
CONTRACTOR shall not have or deemed to have any lien whatsoever charge for unpaid bills will
not be entitled to assume or retain possession or control of the SITE or structures and the
EMPLOYER shall have an absolute and unfettered right to take full possession of SITE and to
remove the CONTRACTOR, their servants, agents and materials belonging to the CONTRACTOR
and lying on the SITE.
The CONTRACTOR shall be allowed to enter upon the SITE for execution of the WORK only as a
licensee simpliciter and shall not have any claim, right, title or interest in the SITE or the
structures erected thereon and the EMPLOYER shall be entitled to terminate such license at any
time without assigning any reason.
The materials including sand, gravel, stone, loose, earth, rock etc., dug up or excavated from the
said SITE shall, unless otherwise expressly agreed under this CONTRACT, exclusively belong to
the EMPLOYER and the CONTRACTOR shall have no right to claim over the same and such
excavation and materials should be disposed off on account of the EMPLOYER according to the
instruction in writing issued from time to time by the ENGINEER-IN-CHARGE.

In Witness whereof the parties have executed these presents in the day and the year first above
written.

Signed and Delivered for and on


on behalf of EMPLOYER

Signed and Delivered for and


on behalf of the CONTRACTORs

GAIL (INDIA) LIMITED.


______________________
______________________

(NAME OF THE CONTRACTOR)


_______________________
_______________________

Date :___________
Place:___________

Date :____________
Place:____________

IN PRESENCE OF TWO WITNESSES


1._____________________
______________________
______________________
2._____________________
______________________
______________________

1. ______________________
_______________________
_______________________
2. ______________________
_______________________
_______________________

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