Scope of Work
Scope of Work
Scope of Work
Bidder are requested to use the following checklist for submission of documents. Failure to submit
the same may lead to direct rejection of bid
Please make sure physical copy of EMD reaches GAIL Pata within 1 week of
Technical Bid Opening to the following address
Approval from Competent Authority (in case bidder is from such a Country)
Bidder to note that nonconformance of any point in Section V may lead to direct
rejection of bid. Bidder to necessarily confirm acceptance to all points.
Additional
PS: The above checklist is a Summary of all the requisite documents as required in the tender and is
for guidance purpose only. GAIL reserves its right to seek the documents as contained in the tender
document.
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SECTION-I
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SECTION-I
"INVITATION FOR BID (IFB)”
To,
PROSPECTIVE BIDDERS
Dear Sir/Madam,
1.0 GAIL (India) Limited, Pata [having registered office at 16, Bhikaji Cama Plance, New
Delhi 110066 CIN No. L40200DL1984GOI018976], the largest state-owned natural gas
processing and distribution company and the Maharatna, invites bids from bidders for the
subject job/works on Government e-Marketplace (GeM) portal, in complete accordance with
the GeM bid, following details and enclosed Tender Documents.
APPLICABLE ✓
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From: To:
=======================================
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SECTION-II
BID EVALUATION
CRITERIA & EVALUATION
METHODOLOGY
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SECTION-II
A. Technical Criteria
1. Bidder must have executed at least a single work order of value not less than Rs 24.66
lakhs/- (including GST) for Inspection of Tanks / Spheres / Mounded Bullets / Bullets
(including or excluding Mechanical Assistance works) in Petrochemical / Refinery /
Fertilizer / Chemical / Hydrocarbon Process Industry in the preceding 07 years till one
day prior to due date of bid submission.
i) Bidder shall submit the following documents in support of meeting above criteria
1. Copy of work order (along with Scope of Work/Services, SOR etc) issued by the
end user/Owner.
and
2. Completion/Execution Certificate issued by the end user/Owner having the
reference number of work order, date of completion, executed/completion value
etc
Note:
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B. Financial Criteria : Not applicable
C. Exchange rate for Conversion of Currency for evaluation of documents submitted by bidders
for BEC which are in other currency than specified in BEC shall be as follows:
(a) BEC (Technical Criteria): Bill Selling (foreign exchange) Rate of State Bank of India
as prevailing on the date of award of contract submitted by bidder.
(c) In case, the SBI Selling rate is not available as on the date of conversion as specified
above for respective cases, the exchange rate for conversion of currency shall be taken
from the internet, such as:
https://www.xe.com/currencyconverter
https://economictimes.indiatimes.com/markets/forex/currency-converter
https://www.oanda.com/currency/converter
D. Only documents (Work Order, Completion certificate, Execution Certificate etc.) which
have been referred/ specified in the bid shall be considered in reply to queries during
evaluation of Bids. Any new document submitted against representation option provided
on GeM portal shall also be not considered for re-valuation of bid.
Prior turnover and prior experience as mentioned above in financial and technical criteria of
BEC shall not be required for all Startups [whether Micro & Small Enterprises (MSEs) or
otherwise] subject to their meeting the quality and technical specifications specified in tender
document.
For availing the relaxation, bidder is required to submit requisite certificate towards Startup
enterprise registration issued by Department for Promotion of Industry and Internal Trade
(DPIIT), Ministry of Commerce & Industry and relaxation is to be given to the specific goods
/ jobs domain wherein they are registered for.
Wherever the “Certificate of Recognition” is stipulating the domain of startup, the domain of
startup is be considered based “Certificate of Recognition” issued by Department of Promotion
of Industry and Internal Trade (DPIIT). Startups having the “Certificate of Recognition” which
do not mention Domain, in such case startups are also required to submit the documents for the
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same including the application submitted to DPIIT.
The above documents should be certified by the Chartered Accountant (not being an employee
or a Director or not having any interest in the bidder’s company/firm) and notary public with
legible stamp.
Offers of those bidders (not under consortium arrangement) who themselves do not meet the
technical experience criteria as stipulated in the BEC and are quoting based on the experience
of Foreign based another company (Supporting Company) can also be considered. In such
case the supporting company should hold more than fifty percent of the paid up share capital
of the bidding company or vice versa.
However, the supporting company should on its own meet the technical experience as
stipulated in the BEC and should not rely on any other company or through any other
arrangement like Technical collaboration agreement.
In that case as the bidding company is dependent upon the technical experience of another
company with a view to ensure commitment and involvement of the companies involved for
successful execution of the contract, the participating bidder should enclose the following
Agreements/ Guarantees/ Undertakings along with the techno-commercial bid:
(i) An Agreement (as per format enclosed at Appendix- A1 to Section II) between the
bidder and the supporting company.
(ii) Guarantee (as per format enclosed at Appendix- A2 to Section II) by the supporting
company to GAIL for fulfilling the obligation under the Agreement along with
certificate issued by Company Secretary as per Appendix- A2A to Section II.
In cases where foreign based supporting company does not have Permanent
Establishment in India as per Indian Income Tax Act, the bidding company can furnish
Performance Bank Guarantee for an amount which is sum of PBG amount to be
submitted by the bidder and additional PBG amount required to be submitted by the
supporting company subject to the condition that supporting company have 100% paid
up equity share capital of the bidder either directly or through intermediate subsidiaries
or vice versa.
In such case bidding company shall furnish an undertaking that their foreign based
supporting company is not having any Permanent Establishment in India in terms of
Income Tax Act of India.
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(iv) Undertaking from the supporting company to the effect that in addition to invoking the
PBG submitted by the bidding company, the PBG provided by supporting company
shall be invoked by GAIL due to non-performance of the bidding company.
Note:
1.0 In case Supporting Company fails to submit Bank Guarantee as per (iii) above,
EMD/SD submitted by the bidder shall be forfeited.
2.0 The Financial BEC of tender is to be met by bidder on their own.
3.0 The Supporting Company shall meet conditions of ‘Eligible Bidder’, as per clause
no. 2 of Section-III (ITB).
4.0 The clause J as below shall be applicable to above supporting company also.
H. Apart from above, Bidder must submit all other relevant documents/ information as
specified in the Scope of Work/SCC for Technical Evaluation of bid or specified
elsewhere in the Tender Document, towards proof of its responsiveness.
1. Order (Public Procurement No. 1) dated 23.07.2020, Order (Public Procurement No.
2) dated 23.07.2020 and Order (Public Procurement No. 3) dated 24.07.2020,
Department of Expenditure, Ministry of Finance, Govt. of India refers. The same are
available at website https://doe.gov.in/procurement-policy-divisions.
2. Any bidder from a country which shares a land border with India will be eligible to bid
in this tender only if the bidder is registered with the Competent Authority. For details
of competent authority refer to Annexure I of Order (Public Procurement No. 1) dated
23.07.2020.
Further the above will not apply to bidders from those countries (even if sharing a land
border with India) to which the Government of India has extended lines of credit or in
which the Government of India is engaged in development projects. Updated lists of
countries to which lines of credit have been extended or in which development projects
are undertaken are given in the website of the Ministry of External Affairs, Govt. of
India
3. "Bidder" (including the term 'tenderer', 'consultant' 'vendor' or 'service provider' in
certain contexts) for purpose of this provision means any person or firm or company,
including any member of a consortium or joint venture (that is an association of several
persons, or firms or companies), every artificial juridical person not falling in any of
the descriptions of bidders stated hereinbefore, including any agency, branch or office
controlled by such person, participating in a procurement process.
4. "Bidder from a country which shares a land border with India" for the purpose of
this:
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a
country; or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint
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venture falls under any of the above
5. "Beneficial owner" for the purpose of above (4) will be as under:
i. In case of a company or Limited Liability Partnership, the beneficial owner is
the natural person(s), who, whether acting alone or together, or through one or
more juridical person(s), has a controlling ownership interest or who exercises
control through other means.
Explanation—
a) "Controlling ownership interest" means ownership of, or entitlement to,
more than twenty-five per cent of shares or capital or profits of the
company;
b) "Control" shall include the right to appoint the majority of the directors
or to control the management or policy decisions, including by virtue of
their shareholding or management rights or shareholders agreements or
voting agreements;
ii) In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;
iii) In case of an unincorporated association or body of individuals, the beneficial
owner is the natural person(s), who, whether acting alone or together, or through
one or more juridical person, has ownership of or entitlement to more than
fifteen percent of the property or capital or profits of such association or body
of individuals;
iv) Where no natural person is identified under (i) or (ii) or (iii) above, the
beneficial owner is the relevant natural person who holds the position of senior
managing official;
v) In case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.
6. "Agent" for the purpose of this Order is a person employed to do any act for another,
or to represent another in dealings with third persons
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J. EVALUATION METHODOLOGY:
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Form-I to Section II
UNDERTAKING ON LETTERHEAD
To,
M/s GAIL (INDIA) LIMITED
___________________
Dear Sir
We have read the clause regarding Provisions for Procurement from a Bidder which shares a
land border with India, we certify that, bidder M/s____________ (Name of Bidder) is :
We hereby certify that bidder M/s____________ (Name of Bidder) fulfills all requirements in
this regard and is eligible to be considered against the tender.
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Annexure-I to Section-II
Ref.: Date :
To,
Dear Sir,
The tender conditions stipulates that the BIDDER shall submit Documents pertaining to Technical
Bid Evaluation Criteria (BEC) duly verified and certified by designated independent Third Party
Inspection Agency.
In this regard, this is to certify that copies of documents pertaining to Technical Bid Evaluation
Criteria (BEC) submitted to us by the bidder have been verified and certified by us with the
originals and found to be genuine. We have signed and stamped on the copies of all the verified
and certified documents.
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Appendix-A1 to Section II
This agreement made this ___ day of ____ month ____ year by and between M/s.
____________________ (Fill in Bidder’s full name, constitution and registered office address)
___________ hereinafter referred to as bidder on the first part and M/s. ___________ (Fill in full
name, constitution and registered office address company which hold more than fifty percent of the
paid up share capital of the bidding company or vice versa) hereinafter referred to as “Supporting
Company” of the second part.
Whereas
M/s. GAIL (India) Limited (hereinafter referred to as GAIL) has invited offers vide their tender No.
_____________ for _______________and M/s. __________________ (Bidder) intends to bid against
the said tender and desires to have technical support of M/s. ________________ [Supporting
Company]
And whereas Supporting Company represents that they have gone through and understood the
requirements of the subject tender and are capable and committed to provide the services as required
by the bidder for successful execution of the contract, if awarded to the bidder.
a) M/s.____________ (Bidder) will submit an offer to GAIL for the full scope of work as
envisaged in the tender document as a main bidder and liaise GAIL directly for any
clarifications etc. in this context.
c) The Bidder/ Supporting Company holds more than 50% paid up equity capital of the
Supporting Company/ Bidder.
d) This agreement will remain valid till validity of bidder's offer to GAIL including
extension if any and till satisfactory performance of the contract, the same is awarded by GAIL
to the bidder.
e) Supporting Company undertakes that this agreement shall remain enforceable even if
their stake in Bidder is diminished during the execution of works under the contract between
the Bidder and GAIL.
f) The bidder shall have the overall responsibility of satisfactory execution of the contract
awarded by GAIL, however without prejudice to any rights that GAIL might have against the
Supporting Company
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and severely responsible to GAIL for the performance of works during contract period and for
the satisfactory execution of the contract, and for all the consequences for non-performance
thereof.
In witness whereof the parties hereto have executed this agreement on the date mentioned above.
Witness: Witness:
1) 1)
2) 2)
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Appendix-A2 to Section II
THIS DEED OF GUARANTEE executed at ……….. this …….. day of ……… by M/s
………………………… (mention complete name) a company duly established and existing under the
laws of …………………. (insert country), having its Registered Office at
……………………………………… hereinafter called “the Guarantor and/ or the Supporting
Company” which expression shall, unless excluded by or repugnant to the subject or context thereof,
be deemed to include its successors and permitted assignees.
FOR
M/s ………………………… (bidder) a company duly established and existing under the laws of
…………………. (insert country), having its Registered Office at
……………………………………… hereinafter called the “Bidder” which expression shall, unless
excluded by or repugnant to the subject or context thereof, be deemed to include its successors and
permitted assignees.
TOWARDS
M/s GAIL(India) Limited, a company duly registered under the law of India having its Registered
Office at 16, Bhikaiji Cama Place, R. K. Puram, New Delhi-110066, India, and having Purchase center
at …………… hereinafter called “GAIL” which expression shall unless excluded by or repugnant to
the context thereof, be deemed to include its successor and assignees
WHEREAS GAIL has invited tender number ………………… for …….. on ………….., and the
bidder has submitted it bid number…………… in response to the above mentioned tender invited by
GAIL.
AND WHEREAS the bidder/ Guarantor Company holds more than 50% paid up equity capital of the
Supporting Company/ Bidder .
AND WHEREAS one of the condition for acceptance of Bidder’s bid against said tender is that in
case the bidder is seeking to qualify upon the technical credentials of its Guarantor Company, then the
bidder shall arrange a guarantee from its Guarantor Company guaranteeing due and satisfactory
performance of the work covered under the said tender including any change therein as may be
deemed appropriate by the GAIL at any stage.
The Guarantor represents that they have gone through and understood the requirement of the above
said tender and are capable of and committed to provide technical and such other supports as may be
required by the Bidder for successful execution of the same.
The Bidder and the Guarantor have entered into an agreement dated ……… as per which the Guarantor
shall be providing technical, financial and such other supports as may be necessary for performance
of the work under the tender, if the contract is awarded to the Bidder.
Accordingly, at the request of the Bidder and in consideration of and as a requirement for the GAIL
to enter into agreement(s) with the Bidder, the Guarantor hereby guarantees and undertakes that upon
award of Contract to Bidder against bid number ……………, made by the Bidder under tender
number………………:
1. The Guarantor unconditionally agrees that in case of non-performance by the Bidder
of any of its obligations in any respect, the Guarantor shall, immediately on receipt of
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notice of demand by the GAIL , take up the job without any demur or objection, in
continuation and without loss of time and without any cost to the GAIL and duly
perform the obligations of the Bidder to the satisfaction of the GAIL.
2. The Guarantor agrees that the Guarantee contained herein shall remain valid till the
satisfactory execution and completion of the work (including discharge of the warranty
obligations) awarded to the Bidder.
3. The Guarantor shall be jointly and severally responsible to GAIL for satisfactory
performance of works during contract period and for the satisfactory execution of the
contract, and for all consequences for non-performance thereof.
4. The liability of the Guarantor, under the Guarantee, is limited of the Bidder for
non- performance under the contract entered between GAIL and the Bidder. This will,
however, be in addition to the forfeiture of the Performance and Advance Guarantees
furnished by the Bidder.
5. The Guarantor agrees to execute a Corporate Guarantee in favour of GAIL,
guaranteeing the performance of obligations by the Bidder, in case the Contract is
awarded to the Bidder by GAIL.
6. The Guarantor represents that this Guarantee has been issued after due observance of
the appropriate laws in force in India. The Guarantor hereby undertakes that the
Guarantor shall obtain and maintain in full force and effect all the governmental and
other approvals and consents that are necessary and do all other acts and things
necessary or desirable in connection therewith or for the due performance of the
Guarantor’s obligations towards GAIL.
7. Any dispute arising out of or in connection with this contract, including any question
regarding its existence, validity or termination, shall be referred to and finally resolved
by arbitration. It is further agreed that Claims by and against the Guarantor, the Bidder
and GAIL under the different contract to be entered pursuant to their relationship can
be brought under a single reference and there shall be no bar on the consolidation of
such proceedings before the same arbitral tribunal. The governing law shall be the laws
of India and seat of arbitration shall be New Delhi, India. The language of arbitration
shall be English.
8. The Guarantor hereby declares and represents that this Guarantee has been given
without any undue influence or coercion, and that the Guarantor has fully understood
the implications of the same.
9. In case of award of contract to the bidder, the Guarantor shall provide Performance
Bank Security to GAIL, equivalent to 50% of the value of Performance Bank Security
to be submitted by the bidding company, in the prescribed format within 15 days from
the date of Fax of Acceptance, as guarantee for performance by the bidder/Supplier.
The Guarantor hereby expressly agrees that if in the opinion of GAIL, the Bidder /
Supplier has failed to perform its obligations under the contract in any manner, GAIL
shall have unfettered right to invoke the said Bank guarantee. The guarantor hereby
agrees that decision of GAIL about performance of the bidder / Supplier shall be final
and shall not be questioned by the Guarantor. Guarantor shall have no objection to
invocation of the Performance Bank Guarantee submitted by the Guarantor
OR
(applicable, subject to meeting the conditions stipulated in BEC in respect of additional
Performance Bank Security)
In case of award of contract to the bidder, the bidder on behalf of the Guarantor shall
provide additional Performance Bank Security to GAIL, equivalent to 50% of the value
of Performance bank Security to be submitted by the bidding company, in the
prescribed format within 15 days from the date of Fax of Acceptance, as guarantee for
performance by the bidder/Supplier. The Guarantor hereby expressly agrees that if in
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the opinion of GAIL, the Bidder / Supplier has failed to perform its obligations under
the contract in any manner, GAIL shall have unfettered right to invoke the said Bank
guarantee. The Guarantor hereby agrees that decision of GAIL about performance of
the bidder / Supplier shall be final and shall not be questioned by the Guarantor.
Guarantor shall have no objection to invocation of the Performance Bank Security
submitted by the Bidder on behalf The Guarantor represents and confirms that the
Guarantor has the legal capacity, power and authority to issue this Guarantee and that
giving of this Guarantee and the performance and observations of the obligations
hereunder do not contravene any existing laws.
(Strike through the clause whichever is not applicable)
10. The Guarantor represents and confirms that the Guarantor has the legal capacity, power
and authority to issue this Guarantee and that giving of this Guarantee and the
performance and observations of the obligations hereunder do not contravene any
existing laws.
For & on behalf of (Supporting Company)
M/s __________________________
Signature__________________
Name_____________________
Designation ________________
official seal_________________
Witness:
1.Signature________________
Full Name _________________
Address___________________
2.Signature________________
Full Name _________________
Address___________________
1. The official(s) executing the guarantee should affix full signature(s) on each page.
2. Resolution passed by Board of Directors of the guarantor company authorizing the
signatory(ies) to execute the guarantee, duly certified by Company Secretary should be
furnished along with Guarantee.
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Appendix-A2A to Section II
“Obligations contained in deed of guarantee No. ______ furnished against tender No. ______
are enforceable against the Guarantor Company and the same do not, in any way, contravene
any law of the country of which the Guarantor Company is the subject.”
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Appendix-A3 to Section II
Dear Sir(s),
M/s. __________________________________________________________________ having
registered office at _______________________ (herein after called the “SUPPLIER” which expression
shall wherever the context so require include its successors and assignees) have been placed/ awarded the
job/work of _______________________________________________ vide PO/LOA /FOA No.
_______________________________dated______ (herein after called CONTRACT) for GAIL (India)
Limited having registered office at 16, Bhikaiji Cama Place, R.K. Puram, New Delhi (herein after called
the “GAIL” which expression shall wherever the context so require include its successors and assignees).
Further, M/s _____________ (Name of the Supporting company) having its registered/head office at
______________________ based on whose experience/technical strength, the SUPPLIER has qualified
for award of contract (hereinafter referred to as the 'SUPPORTING COMPANY') which expression shall,
unless repugnant to the context or meaning thereof include all its successors, administrators, executors
and assignees) has agreed to provide complete technical and other support to the SUPPLIER for
successful completion of the contract as mentioned above, entered between GAIL and the SUPPLIER
and GAIL having agreed that the 'SUPPORTING COMPANY' shall furnish to GAIL a
performance guarantee for Indian Rupees/US$ .............. towards providing complete
financial and other support to the SUPPLIER for successful completion of the contract as mentioned
above,
a) The Bank’s liability under this Guarantee shall not exceed (currency in figures) . . . . . . . . . . .
. . . . . (currency in words only ) . . . . .
b) This Guarantee shall remain in force upto ___________ (this date should be expiry date of
13.
defect liability period of the Contract) and any extension(s) thereof; and
c) The Bank shall be released and discharged from all liability under this Guarantee unless a
written claim or demand is issued to the Bank on or before the midnight of
………………….(indicate date of expiry of claim period which includes minimum three months
from the expiry of this Bank Guarantee) and if extended, the date of expiry of the last extension
of this Guarantee. If a claim has been received by us within the said date, all the rights of GAIL
under this Guarantee shall be valid and shall not cease until we have satisfied that claim.
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Yours faithfully,
_______________
Bank by its Constituted Attorney
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SECTION-III
INSTRUCTION TO BIDDERS
(TO BE READ IN CONJUNCTION WITH
BIDDING DATA SHEET (BDS)
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SECTION-III
INSTRUCTION TO BIDDERS
INDEX
[A] GENERAL:
1. SCOPE OF BID
2. ELIGIBLE BIDDERS
3. BIDS FROM CONSORTIUM
4. ONE BID PER BIDDER
5. COST OF BIDDING
6. SITE-VISIT
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39. PROCEDURE FOR ACTION IN CASE
CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES
40. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL
ENTERPRISE
41. AHR ITEMS
42. VENDOR EVALUATION PROCEDURE
43. INCOME TAX & CORPORATE TAX
44. DISPUTE RESOLUTION MECHANISM
45. DISPUTES BETWEEN CPSE’S/GOVERNMENT DEPARTMENT’S/
ORGANIZATIONS
46. INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS
PROVIDERS)
47. PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS
48. CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING TO
SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY
49. PROVISION FOR STARTUPS
50. PROVISION REGARDING INVOICE FOR REDUCED VALUE OR CREDIT
NOTE TOWARDS PRS
51. UNIQUE DOCUMENT IDENTIFICATION NUMBER BY PRACTICING
CHARTERED ACCOUNTANTS
52. ANJANI PORTAL
[G] ANNEXURES:
1. ANNEXURE-I : DELETED
2. ANNEXURE-II: BIDDING DATA SHEET (BDS)
3. ANNEXURE-III: POLICY FOR PURCHASE PREFERENCE LINKED WITH
LOCAL CONTENT (PP-LC)
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INSTRUCTIONS TO BIDDERS [ITB]
(TO BE READ IN CONJUNCTION WITH BIDDING DATA SHEET (BDS)
[A] – GENERAL
1 SCOPE OF BID
1.1 The Employer as defined in the "General Conditions of Contract [GCC]", wishes to receive
Bids as described in Invitation For Bid (the “Tender Document /Bid Document”) issued by
Employer. Employer/Owner/GAIL occurring herein under shall be considered synonymous.
1.2 SCOPE OF BID: The scope of work/ Services shall be as defined in the Tender documents.
1.3 The successful bidder will be expected to complete the scope of Bid within the period stated
in Special Conditions of Contract.
1.4 Throughout the Tender Documents, the terms 'Bid', 'Tender', ‘Offer’ & ‘Proposal’ and their
derivatives [Bidder/Tenderer, Bid/Tender/Offer etc.] are synonymous. Further, 'Day' means
'Calendar Day' and 'Singular' also means 'Plural'.
2 ELIGIBLE BIDDERS
2.1 The Bidder shall not be under a declaration of ineligibility by Employer for Corrupt/
Fraudulent/ Collusive/ Coercive practices, as defined in "Instructions to Bidders [ITB], Clause
No. 39” (Action in case Corrupt/ Fraudulent/ Collusive/ Coercive Practices).
2.2 The Bidder is not put on ‘Holiday’ by GAIL or Public Sector Project Management Consultant
(like EIL, Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or
banned/blacklisted by Government department/ Public Sector on due date of submission of
bid. Further, neither bidder nor their allied agency/(ies) (as defined in the Procedure for Action
in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on banning list of GAIL or
the Ministry of Petroleum and Natural Gas.
If the bidding documents were issued inadvertently/ downloaded from website, offers
submitted by such bidders shall not be considered for opening/ evaluation/Award and will be
returned immediately to such bidders.
In case there is any change in status of the declaration prior to award of contract, the same has
to be promptly informed to GAIL by the bidder.
It shall be the sole responsibility of the bidder to inform about their status regarding para 1 of
clause 2.2 herein above on due date of submission of bid and during the course of finalization
of the tender. Concealment of the facts shall tantamount to misrepresentation of facts and shall
lead to action against such Bidders as per clause 39 of ITB.
2.3 The Bidder should not be under any liquidation court receivership or similar proceedings on
due date of submission of bid. In case there is any change in status of the declaration prior to
award of contract, the same has to be promptly informed to GAIL by the bidder.
It shall be the sole responsibility of the bidder to inform GAIL there status on above on due
date of submission of bid and during the course of finalization of the tender. Concealment of
the facts shall tantamount to misrepresentation of facts and shall lead to action against such
Bidders as per clause no.39 of ITB.
2.4 Bidder shall not be affiliated with a firm or entity:
(i) that has provided consulting services related to the work to the Employer during the
preparatory stages of the work or of the project of which the works/services forms a
part of or
(ii) that has been hired (proposed to be hired) by the Employer as an Engineer/ Consultant
for the contract.
2.5 Neither the firm/entity appointed as the Project Management Consultant (PMC) for a contract
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nor its affiliates/ JV’S/ Subsidiaries shall be allowed to participate in the tendering process
unless it is the sole Licensor/Licensor nominated agent/ vendor.
2.6 Pursuant to qualification criteria set forth in the bidding document, the Bidder shall furnish all
necessary supporting documentary evidence to establish Bidder’s claim of meeting
qualification criteria.
2.7 Power of Attorney:
Power of Attorney (POA) to be issued by the bidder in favour of the authorised employee(s),
in respect of the particular tender, for purpose of signing the documents including bid, all
subsequent communications, agreements, documents etc. pertaining to the tender and act and
take any and all decision on behalf of the bidder (including Consortium). Any consequence
resulting due to such signing shall be binding on the Bidder (including Consortium).
The Power of Attorney shall be issued as per the constitution of the bidder as below:
a) In case of Proprietorship: by Proprietor
b) In case of Partnership: by all Partners or Managing Partner
c) In case of Limited Liability Partnership: by any bidder’s employee authorized in
terms of Deed of LLP
d) In case of Public / Limited Company: PoA in favourof authorized employee(s) by
Board of Directors through Board Resolution or by the designated officer authorized
by Board to do so. Such Board Resolution should be duly countersigned by Company
Secretary / MD / CMD / CEO.
The Power of Attorney should be valid till award of contract / order to successful bidder.
2.8 In case of change of constitution of bidder after submission of bid, the same shall be informed
by the bidder to GAIL promptly. Failure to same shall be considered as misrepresentation by
the bidder.
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6 SITE VISIT
6.1 The Bidder is advised to visit and examine the site of works and its surroundings and obtain
for itself on its own responsibility all information that may be necessary for preparing the Bid
and entering into a Contract for the required job. The costs of visiting the site shall be borne
by the Bidder.
6.2 The Bidder or any of its personnel or agents shall be granted permission by the Employer to
enter upon its premises and land for the purpose of such visits, but only upon the express
conditions that the Bidder, its personnel and agents will release and indemnify the Employer
and its personnel, agents from and against all liabilities in respect thereof, and will be
responsible for death or injury, loss or damage to property, and any other loss, damage, costs,
and expenses incurred as a result of inspection.
6.3 The Bidder shall not be entitled to hold any claim against GAIL for non-compliance due to
lack of any kind of pre-requisite information as it is the sole responsibility of the Bidder to
obtain all the necessary information with regard to site, surrounding, working conditions,
weather etc. on its own before submission of the bid.
GeM bid document generated or available on GeM portal shall also be part of Bidding Document
/ Tender Document.
*Request for Quotation’, wherever applicable, shall also form part of the Bidding Document.
** The subject tender is based on standard formats and applicability of some specific clauses may
be seen in Annexure-II to Section-III i.e. BDS (Bidding Data Sheet).
7.2 The Bidder is expected to examine all instructions, forms, terms & conditions in the Bidding
Documents. The "Request for Quotation [RFQ] & Invitation for Bid (IFB)" together with all
its attachments thereto, shall be considered to be read, understood and accepted by the Bidders.
Failure to furnish all information required by the Bidding Documents or submission of a Bid
not substantially responsive to the Bidding Documents in every respect will be at Bidder's risk
and may result in the rejection of his Bid.
8 CLARIFICATION OF TENDER DOCUMENT
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8.1 A prospective Bidder requiring any clarification(s) of the Bidding Documents may notify
GAIL in writing or email at GAIL's mailing address indicated in the BDS or on GeM portal
no later than 02 (two) days prior to pre-bid meeting (in cases where pre-bid meeting is
scheduled) or 05 (five) days prior to the due date of submission of bid in cases where pre-bid
meeting is not scheduled. GAIL reserves the right to ignore the bidders request for clarification
if received after the aforesaid period. GAIL may respond in writing to the request for
clarification. GAIL's response including an explanation of the query, but without identifying
the source of the query will be uploaded on GeM portal / communicated to prospective bidders
by e-mail.
8.2 Any clarification or information required by the Bidder but same not received by the Employer
at clause 8.1 (refer BDS for address) above is liable to be considered as "no clarification /
information required".
9.1 At any time prior to the 'Bid Due Date', Employer may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective Bidder, modify the
Bidding Documents by corrigendum.
9.2 Any corrigendum thus issued shall be integral part of the Tender Document and shall be hosted
on the GeM portal website. Bidders have to take into account all such corrigendum before
submitting their Bid.
9.3 The Employer, if consider necessary, may extend the Bid Due Date in order to allow the
Bidders a reasonable time to furnish their most competitive bid taking into account the
addenda/ corrigendum issued thereof.
[C] – PREPARATION OF BIDS
10 LANGUAGE OF BID:
The bid prepared by the Bidder and all correspondence, drawing(s), document(s), certificate(s)
etc. relating to the Bid exchanged by Bidder and GAIL shall be written in English language
only. In case a document, certificate, printed literature etc. furnished by the Bidder in a
language other than English, the same should be accompanied by an English translation duly
authenticated by the Indian Chamber of Commerce, in which case, for the purpose of
interpretation of the Bid, the English translation shall govern.
Note: All the pages of the Bid must be signed by the "Authorized Signatory" of the Bidder
holding POA.
Further, Bidders must submit the original " EMD, Integrity Pact (wherever applicable) and
any other documents specified in the Tender Document to the address mentioned in IFB, in a
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sealed envelope, superscribing the details of Tender Document (i.e. tender number & tender
for) within 7 days from the date of un-priced bid opening.
Bidders are required to submit the EMD in original by Due Date and Time of Bid Submission
or upload a scanned copy of the same in the Part-I of the Bid. If the Bidder is unable to submit
EMD in original by Due Date and Time of Bid Submission, the Bidder is required to upload a
scanned copy of the EMD in Part-I of Bid, provided the original EMD, copy of which has been
uploaded, is received within 7 days from the Due Date of Bid Opening, failing which the Bid
will be rejected irrespective of their status/ranking in tendering process and notwithstanding
the fact that a copy of EMD was earlier uploaded by the Bidder.
12 BID PRICES
12.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole job
/works as described in Bidding Documents, based on the rates and prices submitted by the
Bidder and accepted by the Employer. The prices quoted by the Bidders will be inclusive of
all taxes & duties including GST (CGST & SGST/UTGST or IGST).
Successful bidder is required to provide break-up of various components such as GST (CGST
& SGST/UTGST or IGST) included in the quoted prices for placing SAP order by GAIL.
12.2 Bidder shall quote for all the items of Price bid/SOR after careful analysis of cost involved for
the performance of the completed item considering all parts of the Bidding Document. In case
any activity though specifically not covered in description of item under SOR but is required
to complete the works as per Specifications, Scope of Work / Service, Standards, General
Conditions of Contract (“GCC"), Special Conditions of Contract ("SCC") or any other part of
Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such
activity.
12.4 All duties, taxes and other levies [if any] payable by the Service Provider under the Contract,
or for any other cause including final GST (CGST & SGST/ UTGST or IGST) shall be
included in the rates / prices and the total bid-price submitted by the Bidder.
12.5 Prices quoted by the Bidder, shall remain firm and fixed and valid till completion of the
Contract and will not be subject to variation on any account, unless any price
escalation/variation is allowed elsewhere in the Tender Document.
13.1 Bidders are required to mention the GST Registration No. in bids wherever GST (CGST &
SGST/UTGST or IGST) is applicable.
13.2 Quoted prices should be inclusive of all taxes and duties, including GST (CGST & SGST or
IGST or UTGST). Please note that the responsibility of payment of GST (CGST & SGST
or IGST or UTGST) lies with the Service Provider only. Service Provider providing taxable
service shall issue an e-Invoice/Invoice/ Bill, as the case may be as per rules/ regulation of
GST. Further, returns and details required to be filled under GST laws & rules should be
timely filed by Service Provider with requisite details.
Payments to Service Provider for claiming GST (CGST & SGST/UTGST or IGST) amount
will be made provided the above formalities are fulfilled. Further, GAIL may seek copies of
challan and certificate from Chartered Accountant for deposit of GST (CGST &
SGST/UTGST or IGST) collected from Owner.
13.3 In case CBIC (Central Board of Indirect Taxes and Customs)/ any tax authority / any
equivalent government agency brings to the notice of GAIL that the Service Provider has not
remitted the amount towards GST (CGST & SGST/UTGST or IGST) collected from GAIL to
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the government exchequer, then, that Contactor shall be put under Holiday list of GAIL for
period of six months after following the due procedure. This action will be in addition to the
right of recovery of financial implication arising on GAIL.
13.4 In case of statutory variation in GST (CGST & SGST/UTGST or IGST), other than due to
change in turnover, payable on the contract value during contract period, the Service Provider
shall submit a copy of the 'Government Notification' to evidence the rate as applicable on the
Bid due date and on the date of revision.
Beyond the contract period, in case GAIL is not entitled for input tax credit of GST (CGST
& SGST/UTGST or IGST), then any increase in the rate of GST (CGST & SGST/UTGST
or IGST) beyond the contractual delivery period shall be to Service Provider ’s account
whereas any decrease in the rate GST (CGST & SGST/UTGST or IGST) shall be passed on
to the Owner.
Beyond the contract period, in case GAIL is entitled for input tax credit of GST (CGST &
SGST/UTGST or IGST), then statutory variation in quoted GST (CGST & SGST/UTGST
or IGST) on supply and on incidental services, shall be to GAIL’s account.
Claim for payment of GST (CGST & SGST/UTGST or IGST)/ Statutory variation, should
be raised within two [02] months from the date of issue of 'Government Notification' for
payment of differential (in %) GST (CGST & SGST/UTGST or IGST), otherwise claim in
respect of above shall not be entertained for payment of arrears.
The base date for the purpose of applying statutory variation shall be the Bid Due Date.
13.5 Where GAIL is entitled to avail the input tax credit of GST (CGST & SGST/UTGST or
IGST):-
Owner/GAIL will reimburse the GST (CGST & SGST/UTGST or IGST) to the Service
Provider at actuals against submission of E-Invoices/Invoices as per format specified in rules/
regulation of GST to enable Owner/GAIL to claim input tax credit of GST (CGST &
SGST/UTGST or IGST) paid. In case of any variation in the executed quantities, the amount
on which the GST (CGST & SGST/UTGST or IGST) is applicable shall be modified in
same proportion. Returns and details required to be filled under GST laws & rules should be
timely filed by supplier with requisite details.
13.6 Where GAIL is not entitled to avail/take the full input tax credit of GST (CGST &
SGST/UTGST or IGST):-
Owner/GAIL will reimburse GST (CGST & SGST/UTGST or IGST) to the Service
Provider at actuals against submission of E-Invoices/Invoices as per format specified in rules/
regulation of GST subject to the ceiling amount of GST (CGST & SGST/UTGST or IGST)
as quoted by the bidder, subject to any statutory variations, except variations arising due to
change in turnover. In case of any variation in the executed quantities (If directed and/or
certified by the Engineer-In-Charge) the ceiling amount on which GST (CGST &
SGST/UTGST or IGST) is applicable will be modified on pro-rata basis.
13.7 GAIL will prefer to deal with registered supplier of goods/ services under GST. Therefore,
bidders are requested to get themselves registered under GST, it not registered yet.
However, in case any unregistered bidder is submitting their bid, they should include the GST
(CGST & SGST/UTGST or IGST) in their prices while quoting. However, the GST shall be
paid by GAIL under reverse charge mechanism. Further, an unregistered bidder is required to
mention its Income Tax PAN in bid document. Further, an unregistered bidder is required to
mention its Income Tax PAN in bid document.
13.8 In case GAIL is required to pay entire/certain portion of applicable GST (CGST &
SGST/UTGST or IGST) and remaining portion, if any, is to be deposited by Bidder directly
as per GST (CGST & SGST/UTGST or IGST) laws, entire applicable rate/amount of GST
(CGST & SGST/UTGST or IGST) to be considered by bidder in the Price bid/SOR.
Where GAIL has the obligation to discharge GST (CGST & SGST/UTGST or IGST)
liability under reverse charge mechanism and GAIL has paid or is /liable to pay GST (CGST
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& SGST/UTGST or IGST) to the Government on which interest or penalties becomes
payable as per GST laws for any reason which is not attributable to GAIL or ITC with respect
to such payments is not available to GAIL for any reason which is not attributable to GAIL,
then GAIL shall be entitled to deduct/ setoff / recover such amounts against any amounts
paid or payable by GAIL to Service Provider / Supplier.
13.9 Service Provider shall ensure timely submission of correct invoice(s)/e-invoice(s), as per GST
rules/ regulation, with all required supporting document(s) within a period specified in
Contract to enable GAIL to avail input credit of GST (CGST & SGST/UTGST or IGST).
Further, returns and details required to be filled under GST laws & rules should be timely filed
by Service Provider with requisite details.
If input tax credit is not available to GAIL for any reason not attributable to GAIL, then GAIL
shall not be obligated or liable to pay or reimburse GST (CGST & SGST/UTGST or IGST)
claimed in the invoice(s) and shall be entitled to deduct / setoff / recover such GST amount
(CGST & SGST/UTGST or IGST) or Input Tax Credit amount together with penalties and
interest, if any, against any amounts paid or becomes payable by GAIL in future to the Service
Provider under this contract or under any other contract.
13.10 Anti-profiteering clause
As per Clause 171 of GST Act it is mandatory to pass on the benefit due to reduction in rate
of tax or from input tax credit to the consumer by way of commensurate reduction in prices.
The Service Provider / supplier may note the above and quote their prices accordingly.
13.11 In case the GST rating of Service Provider on the GST portal / Govt. official website is negative
/ black listed, then the bids may be rejected by GAIL. Further, in case rating of bidder is
negative / black listed after award of work, then GAIL shall not be obligated or liable to pay
or reimburse GST to such Service Provider and shall also be entitled to deduct / recover such
GST along with all penalties / interest, if any, incurred by GAIL.
13.12 GST, as included by the bidder in Price bid / SOR, shall be deemed as final and binding for
the purpose of bid evaluation
In case a bidder includes “zero” GST or an erroneous GST, the bid evaluation for finalizing
the L1 bidder will be done considering the “Zero” or quoted GST rate, as the case may be. No
request for change in GST will be entertained after submission of bids.
In cases where the successful bidder quotes a wrong GST rate, for releasing the order, the
following methodology will be followed:
In case the actual GST rate applicable is lower than the quoted GST rate, the actual
GST rate will be added to the quoted basic prices. The final cash outflow will be based
on actual GST rate.
In case the actual GST rate applicable is more than the quoted GST rate, the basic prices
quoted will be reduced proportionately, keeping the final cash outflow the same as the
overall quoted amount.
Based on the Total Cash Outflow calculated as above, GAIL shall place orders.
13.13 Wherever TDS under GST Laws has been deducted from the invoices raised / payments made
to the Service Provider, as per the provisions of the GST law / Rules, Service Provider should
accept the corresponding GST-TDS amount populated in the relevant screen on GST common
portal (www.gst.gov.in). Further, Service Provider should also download the GST TDS
certificate from GST common portal (reference path: Services > User Services >
View/Download Certificates option).
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processed for payment by GAIL as no ITC is allowed on such invoices.
Therefore, all the payments to such supplier who is liable to comply with e-invoice as per GST
Laws shall be made against the proper e-invoice(s) only. Further, returns and details required
to be filled under GST laws & rules against such e-invoices should be timely filed by Supplier
of Goods with requisite details.
If input tax credit is not available to GAIL for any reason attributable to supplier (both for E-
invoicing cases and non-E-invoicing cases), then GAIL shall not be obligated or liable to pay
or reimburse GST (CGST & SGST/UTGST or IGST) claimed in the invoice(s) and shall be
entitled to deduct / setoff / recover such GST amount (CGST & SGST/UTGST or IGST) or
Input Tax Credit amount together with penalties and interest, if any, by adjusting against any
amounts paid or becomes payable in future to the supplier under this contract or under any
other contract.
13.15 New Taxes & duties: Any new taxes & duties, if imposed by the State/ Central Govt. of India
after the due date of bid submission but before the Contractual Completion Date, shall be
reimbursed to the Service Provider on submission of copy of notification(s) issued from State/
Central Govt. Authorities along with documentary evidence for proof of payment of such taxes
& duties, but only after ascertaining it’s applicability with respect to the Contract.
14 BID CURRENCIES:
15 BID VALIDITY
15.1 Bids shall be kept valid for period specified in GeM bid from the final Due date of submission
of bid'. A Bid valid for a shorter period may be rejected by GAIL as 'non-responsive'.
15.2 In exceptional circumstances, prior to expiry of the original 'Bid Validity Period', the Employer
may request the Bidders to extend the 'Period of Bid Validity' for a specified additional period
on GeM portal. The request and the responses thereto shall also be made in writing or by email
(outside GeM, if required). After opening of price bids in GeM, the extension (outside GeM,
if any) will be regularized through GeM with L-1 bidder. Bidder may refuse the request
without forfeiture of his EMD/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 EMD for the period of the extension and in accordance
with "ITB: Clause-16" in all respects.
16.1 Bid must be accompanied with earnest money deposit (i.e Earnest Money Deposit (EMD)
also known as Bid Security) in the form of ‘Demand Draft’ / ‘Banker’s Cheque’ [in favour
of GAIL (India) Limited payable at place mentioned in BDS] or ‘Bank Guarantee’ as per
the format given in form F-2 of the Tender Document (preferably) or format available in
GeM portal. Bidder shall ensure that EMD submitted in the form of ‘Bank Guarantee’
should have a validity of at least ‘two [02] months’ beyond the validity of the Bid. EMD
submitted in the form of ‘Demand Draft’ or ‘Banker’s Cheque’ should be valid for three
months.
Bid not accompanied with EMD, or EMD not in requisite format shall be liable for rejection.
The EMD shall be submitted in Indian Rupees only.
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16.2 GAIL shall not be liable to pay any documentation charges, Bank charges, commission,
interest etc. on the amount of EMD. In case EMD 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.
16.3 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.2” may be rejected
by GAIL as non-responsive.
16.4 Unsuccessful Bidder’s EMD will be discharged/ returned as promptly as possible, but not later
than ‘thirty [30] days’ after finalization of tendering process.
16.5 The successful Bidder’s EMD will be discharged upon the Bidder’s acknowledging the
‘Award’ and signing the ‘Agreement’ and furnishing the ‘Contract Performance Security
(CPS)/ Security Deposit’ pursuant to clause no. 38 of ITB.
16.6 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the
following cases:
(a) If a Bidder withdraws his Bid during the ‘Bid Validity Period’
(b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice
(c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time
for Bid Submission).
(d) Violates any other condition, mentioned elsewhere in the Tender Document, which
may lead to forfeiture of EMD.
(e) In the case of a successful Bidder, if the Bidder fails to:
(i) acknowledge receipt of the “Notification of Award” / Fax of
Acceptance[FOA]”,
(ii) furnish “Contract Performance Security / Security Deposit”, in accordance with
“ITB: Clause-38”
(iii) accept ‘arithmetical corrections’ as per provision of the clause 30 of ITB.
16.7 In case EMD is in the form of ‘Bank Guarantee’, the same must indicate the Tender Document
No. and the name of Tender Document for which the Bidder is quoting. This is essential to
have proper correlation at a later date.
16.8 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with
the provisions of PPP-2012 and Clause 40 of ITB. However, Traders/Dealers/ Distributors
/Stockiest /Wholesaler are not entitled for exemption of EMD. The Government
Departments/PSUs are also exempted from the payment of EMD. Further, Startups are also
exempted from the payment of EMD. Also, refer General terms and conditions on GeM for
list of other exempted categories.
16.9 In addition to existing specified form (i.e. Demand Draft (DD)/ Banker’s Cheque/ Bank
Guarantee) mentioned in tender documents for submission of EMD/Bid Bond, the bidder can
also submit the EMD through online banking transaction i.e. IMPS/NEFT/RTGS etc. While
remitting, the bidder must indicate EMD and tender/E-tender no. under remarks. Bidders shall
be required to submit/ upload the successful transaction details along-with their bid/e-bid in
addition to forwarding the details to dealing officer through email/letter with tender reference
number immediately after remittance of EMD.
In absence of submitting/ uploading the remittance details, the bids are likely to be considered
as bid not accompanied with EMD. Further, in case of the above online transaction, submission
of EMD in original is not applicable.
16.10 In case of forfeiture of EMD/ Bid Security, the forfeited amount will be considered inclusive
of tax and tax invoice will be issued by GAIL. The forfeiture amount will be subject to final
decision of GAIL based on other terms and conditions of order/ contract.
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16.11 EMD/Bid Bond will not be accepted in case the same has reference of ‘remitter’/’financer’
other than bidder on the aforementioned financial instrument of EMD/ Bid Bond submitted by
the bidder and bid of such bidder will be summarily rejected.
17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which
will be held at address specified in IFB. It is expected that a bidder shall not depute more than
02 representatives for the meeting.
17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that
may be raised at that stage.
17.3 Text of the questions raised and the responses given, together with any responses prepared
after the meeting, will be uploaded on GeM portal website against the GeM bid as specified
in "ITB: Clause-8. Any modification of the Contents of Bidding Documents listed in "ITB:
Clause-7.1", that may become necessary as a result of the Pre-Bid Meeting shall be made by
the Employer exclusively through the issue of an Corrigendum pursuant to "ITB: Clause-9",
and not through the minutes of the Pre-Bid Meeting.
17.4 Non-attendance of the Pre-Bid Meeting will not be a cause for disqualification of Bidder.
18.1 The Bid shall be typed or written in indelible ink [in the case of copies, photocopies are also
acceptable] and shall be signed by a person or persons duly authorized to sign on behalf of the
Bidder (as per POA). The name and position held by each person signing, must be typed or
printed below the signature. All pages of the Bid except for unamendable printed literature
where entry(s) or amendment(s) have been made shall be initialed by the person or persons
signing the Bid.
18.2 The Bid shall contain no alterations, omissions, or additions, unless such corrections are
initialed by the person or persons signing the Bid.
19.1 ZERO DEVIATION: Deviation to terms and conditions of "Bidding Documents" may lead to
rejection of bid. GAIL will accept bids based on terms & conditions of "Bidding Documents"
only. Bidder may note GAIL will determine the substantial responsiveness of each bid to the
Bidding Documents pursuant to provision contained in clause 29 of ITB. For purpose of this,
a substantially responsive bid is one which conforms to all terms and conditions of the Bidding
Documents without deviations or reservations. GAIL's determination of a bid's responsiveness
is based on the content of the bid itself without recourse to extrinsic evidence. GAIL reserves
the right to raise technical and/or commercial query(s), if required, may be raised on the
bidder(s). The response(s) to the same shall be in writing, and no change in the price(s) or
substance of the bids shall be sought, offered or permitted. The substance of the bid includes
but not limited to prices, completion, scope, technical specifications, etc. Bidders are requested
to not to take any deviation/exception to the terms and conditions laid down in this "Tender
Documents", and submit all requisite documents as mentioned in this "Tender Documents",
failing which their offer will be liable for rejection. If a bidder does not reply to the queries in
the permitted time frame then its bid shall be evaluated based on the documents available in
the bid.
19.2 REJECTION CRITERIA: Notwithstanding the above, deviation to the following clauses of
Tender document shall lead to summarily rejection of Bid:
(a) Firm Price
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(b) Earnest Money Deposit / Bid Security
(c) Specifications & Scope of Work
(d) Schedule of Rates / Price Schedule / Price Basis
(e) Duration / Period of Contract/ Completion schedule
(f) Period of Validity of Bid
(g) Price Reduction Schedule
(h) Contract Performance Security
(i) Guarantee / Defect Liability Period
(j) Arbitration / Resolution of Dispute/Jurisdiction of Court
(k) Force Majeure & Applicable Laws
(l) Integrity Pact, if Applicable
(m) Any other condition specifically mentioned in the tender document elsewhere that non-
compliance of the clause lead to rejection of bid
Note: Further, it is once again reminded not to mention any condition in the Bid which is
contradictory to the terms and conditions of Tender document.
20 E-PAYMENT
GAIL (India) Limited has initiated payments to Service Providers electronically, and to
facilitate the payments electronically through 'e-banking'.
21.1 Bids shall be submitted on GeM portal. No Manual/ Hard Copy (Original) / E-mail offer shall
be acceptable. Physical documents shall be addressed to the owner at address specified in
IFB.
21.2 Bids submitted under the name of AGENT/ REPRESENTATIVE /RETAINER/
ASSOCIATE etc. on behalf of a bidder/affiliate shall not be accepted.
22.1 The bids must be submitted in GeM portal not later than the date and time specified in the
tender documents.
22.2 GAIL may, in exceptional circumstances and at its discretion, extend the deadline for
submission of Bids (8.0 and/or 9 of ITB refers). In that case all rights and obligations of GAIL
and the Bidders, previously subject to the original deadline will thereafter be subject to the
deadline as extended. Notice for extension of due date of submission of bid will be uploaded
on GeM portal / communicated to the bidders.
23 LATE BIDS
23.1 GeM portal shall close immediately after the due date for submission of bid and no bids can
be submitted thereafter.
Where the EMD/physical documents has been received but the bid is not submitted by the
bidder in the GeM portal, such EMD/ physical documents shall be returned immediately.
23.3 EMD /physical documents received to address other than one specifically stipulated in the
Tender Document will not be considered for evaluation/opening/award if not received to the
specified destination within stipulated date & time.
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24 MODIFICATION AND WITHDRAWAL OF BIDS
24.1 Modification and withdrawal of bids shall be as follows:-
The bidder may withdraw or modify its bid after bid submission but before the due date and
time for submission as per tender document.
24.2 No bid shall be modified/ withdrawn after the Due Date & Time for Bid submission.
24.3 Any withdrawal/ modification/substitution of Bid in the interval between the Due Date & Time
for Bid submission and the expiration of the period of bid validity specified by the Bidder in
their Bid shall result in the Bidder’s forfeiture of EMD pursuant to clause 16 of ITB /
invocation of action as per Bid Security declaration and rejection of Bid.
24.4 The latest Bid submitted by the Bidder before Bid Due Date & Time shall be considered for
evaluation and all other Bid(s) shall be considered to be unconditionally withdrawn.
25 EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
GAIL reserves the right to accept or reject any Bid, and to annul the Bidding process and reject
all Bids, at any time prior to award of Contract, without thereby incurring any liability to the
affected Bidder or Bidders or any obligations to inform the affected Bidder or Bidders of the
ground for GAIL's action. However, Bidder if so desire may seek the reason (in writing) for
rejection of their Bid to which GAIL shall respond quickly.
26 BID OPENING
27 CONFIDENTIALITY
Information relating to the examination, clarification, evaluation and comparison of Bids, and
recommendations for the award of a Contract, shall not be disclosed to Bidder(s) or any other
persons not officially concerned with such process.
28.1 From the time of Bid opening to the time of award of Contract, if any Bidder wishes to contact
the Employer on any matter related to the Bid, it should do so in writing.
28.2 Any effort by the Bidder to influence the Employer in the Employer's 'Bid Evaluation', 'Bid
Comparison', or 'Contract Award' decisions may result in the rejection of the Bidder's Bid and
action shall be initiated as per procedure for action in case Corrupt / Fraudulent / Collusive /
Coercive practices in this regard apart from forfeiture of EMD/ Bid Security, if any.
29.1 The Employer’s determination of a bid’s responsiveness is based on the content of the bid
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only. Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid:-
(a) Meets the "Bid Evaluation Criteria" of the Bidding Documents;
(b) Has been properly signed;
(c) Is accompanied by the required 'Earnest Money / Bid Security / Bid Security
Declaration
(d) Is substantially responsive to the requirements of the Bidding Documents; and
(e) Provides any clarification and/or substantiation that the Employer may require to
determine responsiveness pursuant to "ITB: Clause-29.2"
29.2 A substantially responsive Bid is one which conforms to all the terms, conditions and
specifications of the Bidding Documents without material deviations or reservations or
omissions for this purpose employer defines the foregoing terms below:-
a) “Deviation” is departure from the requirement specified in the tender documents.
b) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirement in the tender documents.
c) “Omission” is the failure to submit part or all of the information or documentation
required in the tender document for evaluation of bid.
29.3 A material deviation, reservation or omission is one that,
a) If accepted would,
i) Affect in any substantial way the scope, quality, or performance of the job as
specified in tender documents.
ii) Limit, in any substantial way, inconsistent with the Tender Document, the
Employer’s rights or the tenderer’s obligations under the proposed Contract.
b) If rectified, would unfairly affect the competitive position of other bidders presenting
substantially responsive bids.
29.4 The employer shall examine all aspects of the bid to confirm that all requirements have been
met without any material deviation, reservation or omission.
29.5 If a Bid is not substantially responsive, it may be rejected by the Employer and may not
subsequently be made responsive by correction or withdrawal of the of material deviation,
reservation or omission.
30 CORRECTION OF ERRORS
Not Applicable
Not Applicable. All bids submitted must be in the currency specified at clause 14 of ITB.
Bid shall be evaluated as per evaluation criteria mentioned in Section-II of bidding documents
on lowest bid.
34 PURCHASE PREFERENCE
Purchase Preference to Micro and Small Enterprises (MSEs) or Purchase Preference to Local
Content (PP-LC) bidders / Domestically Manufactured Telecom Products (DMTP) shall be
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allowed as per Government instructions in vogue, as applicable from time to time.
The policy for providing Purchase Preference (linked with Local content) is enclosed as
Annexure III to ITB herewith.
Bidders are advised to update their status on GeM portal to avoid any complications
during evaluation.
Subject to "ITB: Clause-29", GAIL will award the Contract to the successful Bidder whose
Bid has been determined to be substantially responsive and has been determined as the lowest
provided that bidder, is determined to be qualified to satisfactorily perform the Contract.
“GAIL intent to place the contract directly on the address from where Services are to be
rendered. In case, bidder wants contract at some other address or Services are to be rendered
from multiple locations, bidder is required to provide in their bid, the address on which
contract is to be placed”.
GAIL will place the Contract directly on the successful bidder from whom the bid has been
received & evaluated and will not place order on other entities such as subsidiary, business
associate or partner, dealer/distributor etc. of the Bidder.
36.1 Prior to the expiry of ‘Period of Bid Validity’, Notification of Award for acceptance of the Bid
will be intimated to the successful Bidder by GAIL either by E - mail /Letter or like means
defined as the “Fax of Acceptance (FOA)”. The Contract shall enter into force on the date of
FOA and the same shall be binding on GAIL and successful Bidder (i.e. Service Provider).
The Notification of Award/FOA will constitute the formation of a Contract. The detailed GeM
Contract / Letter of Acceptance shall be issued thereafter incorporating terms & conditions of
Tender Document, Corrigendum, Clarification(s), Bid and agreed variation(s)/acceptable
deviation(s), if any. GAIL may choose to issue Notification of Award in form of detailed GeM
Contract / Letter of Acceptance without issuing FOA and in such case the Contract shall enter
into force on the date of detailed GeM Contract / Letter of Acceptance only.
36.2 Contract period shall commence from the date of "Notification of Award" or as mentioned in
the Notification of Award. The "Notification of Award" will constitute the formation of a
Contract, until the Contract has been effected pursuant to signing of Contract Agreement as
per "ITB: Clause-37".
36.3 Upon the successful Bidder's / Contractor's furnishing of 'Contract Performance Security /
Security Deposit', pursuant to "ITB: Clause-38", GAIL will promptly discharge his 'Earnest
Money Deposit / Bid Security', pursuant to "ITB: Clause-16".
36.4 The Order/ contract value mentioned above is subject to Price Reduction Schedule clause.
36.5 GAIL will award the Contract to the successful Bidder, who, within 'fifteen [15] days' shall
acknowledge.
37 SIGNING OF AGREEMENT
37.1 The successful Bidder/Service Provider shall be required to execute an 'Agreement' in the
proforma given in this Bidding Document on a 'non-judicial stamp paper' of appropriate value
[cost of the 'stamp-paper' shall be borne by the successful Bidder/Service Provider] and of '
State of India' specified in Bidding Data Sheet (BDS) only, within 'fifteen [15] days' of receipt
of the "Fax of Acceptance [FOA]" of the Tender by the successful Bidder/Service Provider
failure on the part of the successful Bidder/Contractor to sign the 'Agreement' within the above
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stipulated period, shall constitute sufficient grounds for forfeiture of EMD//Action as per Bid
Security declaration
37.2 Bidders can request Bilingual (Hindi & English) Contract Agreement. The format for signing
Contract Agreement in English is attached withthis Bidding Document.
38.1 Within 30 days of the receipt of the notification of award/ Fax of Acceptance from GAIL, the
successful bidder shall furnish the Contract Performance Security (CPS) in accordance with
of General Conditions of the Contract. The CPS shall be in the form of either Banker’s Cheque
or Demand Draft or Bank Guarantee or Letter of Credit and shall be in the currency of the
Contract. However, there shall be no Contract Performance security / PBG requirement for
contracts:
a) Placed under Direct Purchase / L-1 Purchase Option under Para (i) and (ii) of GFR rule 149;
b) Placed through Bids / RA with estimated bid value up to Rs 5 Lakh (in case of Goods
contracts); and
c) Placed through Bids / RA with estimated bid value up to Rs 5 Lakh (in case of Services
contracts)
38.2 The contract performance security shall be for an amount equal to specified in Bidding Data
Sheet (BDS) towards faithful performance of the contractual obligations and performance of
equipment. For the purpose of CPS, Contract/order value shall be exclusive of GST (CGST
& SGST/UTGST or IGST).
Bank Guarantee towards CPS 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 guarantees from banks other than the Nationalized
Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores
and a declaration to this effect should be made by such commercial bank either in the Bank
Guarantee itself or separately on its letterhead.
38.3 The Service Provider shall submit CPS as per Form F-4 of Tender Document only but not as
per format of GeM. Further, they also submit covering letter along with CPS as per format at
F-4
38.4 Failure of the successful bidder to comply with the requirements of this article shall constitute
sufficient grounds for consideration of the annulment of the award and forfeiture of the EMD
/ action as per declaration for Bid Security
38.5 The CPS has to cover the entire contract value including extra works/services also. As long as
the CPS submitted at the time of award take cares the extra works/ services executed and total
executed value are within the awarded contract price, there is no need for additional CPS. As
soon as the total executed value is likely to burst the ceiling of awarded contract price, the
Service Provider should furnish additional CPS.
38.6 Further, Ministry of Finance (MOF) Department of financial service has issued direction for
submission of Bank Guarantee through online vide letter ref number F.No.7/112/2011-BOA
dated 17th July 2012. The successful bidder can submit CPS online through issuing bank to
GAIL directly as per the above direction including its revisions, if any. In such cases
confirmation will not be sought from issuing banker by GAIL.
38.7 In addition to existing specified form (i.e. Demand Draft (DD)/ Banker’s Cheque/ Bank
Guarantee/Letter of Credit) mentioned in tender documents for submission of Security
Deposit/ Contract Performance Security, the successful bidder can also submit the Security
Deposit/ Contract Performance Security through online banking transaction i.e.
IMPS/NEFT/RTGS/SWIFT etc. For this purpose, the details of GAIL’s Bank Account is
mentioned in BDS. Further, in case a successful Bidder is willing to furnish CPS through
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SWIFT, the details may be obtained from Purchase Officer immediately after receipt of FOA.
While remitting such online transaction, the bidder must indicate “Security Deposit/ Contract
Performance Guarantee against FOA/DLOA no. _______ (service provider to specify the
FOA/DLOA No.)” under remarks column of such transaction of respective bank portal. The
contractor/vendor shall be required to submit the successful transaction details to the dealing
officer immediately through email/letter and necessarily within 30 days from the date of Fax
of Acceptance.”
38.8 In case of forfeiture of Contract Performance Security/ Security Deposit in terms of GCC, the
forfeited amount will be considered inclusive of tax and tax invoice will be issued by GAIL.
The forfeiture amount will be subject to final decision of GAIL based on other terms and
conditions of order/ contract.
38.9 CPBG/Security Deposit will not be accepted in case the same has reference of
‘remitter’/’financer’ other than bidder on the aforementioned financial instrument of CPBG/
Security Deposit submitted by the Service Provider.
After conclusion of process and issuance of Speaking order for putting party on banning
list, the order (s)/ contract (s) where it is concluded that such irregularities have been
committed shall be terminated and Contract cum Performance Bank Guarantee (CPBG)
submitted by agency against such order (s)/ contract (s) shall also be forfeited. Further
such order/ contract will be closed following the due procedure in this regard.
The amount that may have become due to the contractor on account of work already
executed by him shall be payable to the contractor and this amount shall be subject to
adjustment against any amounts due from the contractor under the terms of the contract.
No risk and cost provision will be enforced in such cases.
Further, only in the following situations, the concerned order (s)/ contract(s) (where
Corrupt/Fraudulent/ Collusive/ Coercive Practices are observed) and payment shall be
suspended after issuance of Suspension cum Show Cause Notice:
Suspension cum Show Cause Notice being issued in above cases after approval of the
‐ 44 ‐
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
competent authority (as per provisions mentioned under Clause no. D) shall also include
the provision for suspension of Order (s)/ Contract (s) and payment. Accordingly, after
issuance of Suspension cum Show Cause Notice, the formal communication for
suspension of Order (s)/ Contract (s) and payment with immediate effect will be issued
by the concerned person of GAIL.
During suspension, Contractor/ Service Providers will be allowed to visit the plant/ site
for upkeep of their items/ equipment, GAIL’s issued materials (in case custody of same
is not taken over), demobilizing the site on confirmation of EIC, etc.
S. Description
No.
1
Misrepresentation/False information other than pertaining to
BEC of tender but having impact on the selection process.
For example, if an agency confirms not being in holiday in
GAIL/PSU’s PMC or banned by PSUs/ Govt. Dept.,
liquidation, bankruptcy & etc. and subsequently it is found
otherwise, such acts shall be considered in this category.
2 Corrupt/Fraudulent (except mentioned sl. no. 1 above)
/Collusive/Coercive Practices
39.2 The Fraud Prevention Policy document is available on GAIL’s website (www.gailonline.com)
39.3 Name and contact details of nodal officer are mentioned in BDS.
39.4 NON-APPLICABILITY OF ARBITRATION CLAUSE IN CASE OF BANNING OF
VENDORS/ SUPPLIERS / CONTRACTORS/BIDDERS/ CONSULTANTS
INDULGED IN FRAUDULENT/ COERCIVE PRACTICES
Notwithstanding anything contained contrary in GCC and other "CONTRACT
DOCUMENTS", in case it is found that the Service Provider/Bidders indulged in fraudulent/
coercive practices at the time of bidding, during execution of the contract etc., and/or on other
grounds as mentioned in GAIL’s “Procedure for action in case
Corrupt/Fraudulent/Collusive/Coercive Practices”, the service provider/bidder shall be banned
(in terms of aforesaid procedure) from the date of issuance of such order by GAIL (India) Ltd.,
to such Service Providers/Bidders.
The Service Provider/ Bidder understands and agrees that in such cases where Service
Provider/ Bidder has been banned (in terms of aforesaid procedure) from the date of issuance
of such order by GAIL (India) Limited, such decision of GAIL (India) Limited shall be final
and binding on such Service Provider/ Bidder and the ‘Arbitration clause’ in the GCC and
other "CONTRACT DOCUMENTS" shall not be applicable for any consequential issue
/dispute arising in the matter.
40.1 Following provision has been incorporated in tender for MSEs, in line with notification of
Government of India, vide Gazette of India No. 503 dated 26.03.2012 proclaiming the Public
Procurement Policy on procurement of goods and services from Micro and Small Enterprises
(MSEs)
i) Issue of tender document to MSEs free of cost.
‐ 45 ‐
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
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 be allowed to supply
upto 25% 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 25%, 4% shall be reserved for MSEs owned by SC/ST entrepreneurs.
Further, 3% shall be reserved for MSEs owned by women within above 25%
reservation. The respective quota(s) shall be transferred to other MSEs in case of non-
availability of MSEs owned by SC/ST entrepreneurs / MSEs owned by Women.
The quoted prices against various items shall remain valid in case of splitting of
quantities of the items above.
In case tendered item is non-splitable or non- dividable (specified in Bid Data Sheet),
MSE quoting price within price band L1 (other than MSE) + 15% , may be awarded
for full/ complete supply of total tendered value subject to matching of L1 price.
40.3 In case bidder is a Micro or Small Enterprise, the bidder shall submit the following :
41 AHR ITEMS
In item 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 Service Provider/Bidder.
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 service provider’s supervision, profit, overheads and other expenses).
b. In case rates are not available in the contract, rates will be calculated based on
prevailing market rates of machine, material and labour plus 15% to cover
Service Provider’s supervision profit, overhead & other expenses.
‐ 47 ‐
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‐ 48 ‐
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2. Poor Performance on account of other than Quality (if marks obtained
against Quality parameter is more than 20):
ERRANT BIDDER
‐ 49 ‐
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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 modification of
bid or varying any term in regard thereof leading to re-tendering, GAIL shall forfeit
EMD if paid by the bidder and such bidders shall be debarred from participation in
retendering of the same job(s)/item(s).
Further, such bidder will be put on Watch List (Yellow Card) for a period of three years
after following the due procedure. However, during the period in watch list such vendor
will be allowed to participate in all other tenders and to execute other ongoing order/
contract (s) or new contract/ order (s).
In case of subsequent instances of default in other tender(s) during aforesaid watch list
period, the action shall be initiated as per provision of sl. no. 2 of para A of Clause no.
5.1 (v) and 5.3 (v).
The Yellow card will be automatically revoked after specified period unless the same
is converted into Red Card
The above provisions shall be in addition to penalty imposed by GeM for such irregularities.
43.3 TDS
(i) TDS, wherever applicable, shall be deducted as per applicable act/law/rule.
(ii) Higher rate of TDS for non-filers of ITR
As per Section 206AB of Income Tax Act, 1961, in case of any vendor/customer who
does not filed their Income Tax Return for both of the two previous years preceding to
current year and aggregate amount of TDS is more than or equal to 50,000/- in each of
those previous two years (or limit defined by Govt. from time to time), then TDS will
be deducted at the higher of following rates:
(I) Twice the rate mentioned in relevant TDS section.
(II) Twice the rate or rates in force
(III) 5%
‐ 50 ‐
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During execution of orders, various issues may arise. In order to timely detect and to address
the contractual issue(s) during the execution of contracts, GAIL has introduced a mechanism
of Quarterly Closure of the contract, under which all the related issues /disputes will be
monitored and addressed on quarterly basis for resolution. Vendor (hereinafter referred
‘Vendor’) should first refer any issues/disputes to Engineer-in-Charge (EIC) for
LOA/contracts/ Dealing C&P Executive for Purchase Orders and co-operate them for smooth
execution of the contract and to timely address the issues, if any. For applicability of ‘Quarterly
Closure’, please refer BDS.
In case issue is not resolved by above, Supplier may submit their issue(s) to Vendor Grievance
Portal “Samadhan”, which will be addressed by GAIL within 15 days. The Samadhan Portal
is available at https://gailebank.gail.co.in/grievance/welcome.aspx .
Accordingly, the methodology for resolution of issue(s)/ grievance (s) of Vendor/Supplier shall
be as under:
(i) Any issue should be first referred to EIC for LOA/contracts/ Dealing C&P Executive for
Purchase Orders.
(ii) In case issue is not resolved, Vendor may submit their issue/ grievance through online
Vendor Grievance Portal-“Samadhan”.
(iii) In case, Vendor is not satisfied, there is a provision of escalation of issue to higher
authority in GAIL. This option is available two times to vendor.
(iv) Further, issue(s) can only be submitted upto 1 month after closure of respective Contract.
(v) Vendor should refer their issue/ grievance through above mode only. Issue/ grievance
received through any other mode shall not be entertained.
1.0 CONCILIATION
GAIL (India) Limited has framed the Conciliation Rules 2010 in conformity with Part – III
of the Arbitration and Conciliation Act 1996 as amended from time to time for speedier, cost
effective and amicable settlement of disputes through conciliation. All issue(s)/dispute(s)
arising under the Contract, which cannot be mutually resolved within a reasonable time as per
clause no. 44.1, may be referred for conciliation in accordance with GAIL Conciliation Rules
2010 as amended from time to time A copy of the said rules have been made available on
GAIL’s web site i.e www.gailonline.com.
Where invitation for Conciliation has been accepted by the other party, the Parties shall
attempt to settle such dispute(s) amicably under Part-III of the 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 invoke Arbitration Clause. 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.
2.0 ARBITRATION
All issue(s)/dispute(s) excluding the matters that have been specified as excepted matters and
listed at clause no. 2.6 and which cannot be resolved through Conciliation, such
issue(s)/dispute(s) shall be referred to arbitration for adjudication by Sole Arbitrator.
The party invoking the Arbitration shall have the option to either opt for Ad-hoc Arbitration
as provided at Clause 2.1 below or Institutionalized Arbitration as provided at Clause 2.2
‐ 51 ‐
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below, the remaining clauses from 2.3 to 2.7 shall apply to both Ad-hoc and Institutional
Arbitration:-
2.1 On invocation of the Arbitration clause by either party, GAIL shall suggest a panel of
three independent and distinguished persons (Retd Supreme Court & High Court
Judges only) to the other party from the Panel of Arbitrators maintained by ‘Delhi
International Arbitration Centre (DIAC) to select any one among them to act as the
Sole Arbitrator. In the event of failure of the other party to select the Sole Arbitrator
within 30 days from the receipt of the communication from GAIL suggesting the panel
of arbitrators, the right of selection of the sole arbitrator by the other party shall stand
forfeited and GAIL shall appoint the Sole Arbitrator from the suggested panel of three
Arbitrators for adjudication of dispute(s). The decision of GAIL on the appointment of
the sole arbitrator shall be final and binding on the other party. The fees payable to Sole
Arbitrator shall be governed by the fee Schedule of ‘‘Delhi International Arbitration
Centre’.
OR
2.2 If a dispute arises out of or in connection with this contract, the party invoking the
Arbitration shall submit that dispute to any one of the Arbitral Institutions i.e
ICADR/ICA/DIAC/SFCA and that dispute shall be adjudicated in accordance with
their respective Arbitration Rules. The matter shall be adjudicated by a Sole Arbitrator
who shall necessarily be a Retd Supreme Court/High Court Judge to be
appointed/nominated by the respective institution. The cost/expenses pertaining to the
said Arbitration shall also be governed in accordance with the Rules of the respective
Arbitral Institution. The decision of the party invoking the Arbitration for reference of
dispute to a specific Arbitral institution for adjudication of that dispute shall be final
and binding on both the parties and shall not be subject to any change thereafter. The
institution once selected at the time of invocation of dispute shall remain unchanged.
2.3 The cost of arbitration proceedings shall be shared equally by the parties.
2.4 The Arbitration proceedings shall be in English language and the seat, venue and place
of Arbitration shall be New Delhi, India only.
2.5 Subject to the above, the provisions of Arbitration & Conciliation Act 1996 and any
amendment thereof shall be applicable. All matter relating to this Contract and arising
out of invocation of Arbitration clause are subject to the exclusive jurisdiction of the
Court(s) situated at New Delhi.
2.6 List of Excepted matters:
a) Dispute(s)/issue(s) involving claims below Rs 25 lakhs and above Rs 25 crores.
b) Dispute(s)/issue(s) relating to indulgence of Contractor/Vendor/Bidder in
corrupt/fraudulent/collusive/coercive practices and/or the same is under
investigation by CBI or Vigilance or any other investigating agency or
Government.
c) Dispute(s)/issue(s) wherein the decision of Engineer-In-Charge/owner/GAIL
has been made final and binding in terms of the Contract.
2.7. Disputes involving claims below Rs 25 Lakhs and above Rs. 25 crores:- Parties
mutually agree that dispute(s)/issue(s) involving claims below Rs 25 Lakhs and above
Rs 25 crores shall not be subject matter of Arbitration and are subject to the exclusive
jurisdiction of the Court(s) situated at New Delhi.
3. GOVERNING LAW AND JURISDICTION:
The Contract shall be governed by and construed in accordance with the laws in force
in India. The Parties hereby submit to the exclusive jurisdiction of the Courts situated
‐ 52 ‐
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at New Delhi for adjudication of disputes, injunctive reliefs, actions and proceedings,
if any, arising out of this Contract.
Any party aggrieved with the decision of the Committee at the First level (tier) may prefer an
appeal before the Cabinet Secretary at the Second level (tier) within 15 days from the date of
receipt of decision of the Committee at First level, through it's administrative
Ministry/Department, whose decision will be final and binding on all concerned.
The above provisions mentioned at clause no.44 & 45 shall supersede provisions relating to
Conciliation, Arbitration, Governing Law & Jurisdiction and Disputes between CPSE’s/
Government Department’s/ Organizations mentioned in General Conditions of Contract
(GCC) and elsewhere in tender document.
Not Applicable
While engaging the contractual manpower, Contractors are required to make efforts to provide
opportunity of employment to the people belonging to Scheduled Castes and weaker sections
of the society also in order to have a fair representation of these sections.
As mentioned in Section-II, Prior turnover and prior experience shall not be required for all
Startups [whether Micro & Small Enterprises (MSEs) or otherwise] subject to their meeting
the quality and technical specifications specified in tender document and submission of
document specified in Section -II. Further, the Startups are also exempted from submission of
EMDs (if applicable).
If a Startup emerge lowest bidder, the LoA on such Startup shall be placed for entire tendered
‐ 53 ‐
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
quantity/group/item/part (as the case may be). However, during the Kick of Meeting monthly
milestones/ check points would be drawn. Further, the performance of such contractor/ service
provider will be reviewed more carefully and action to be taken as per provision of contract
in case of failure/ poor performance.
GAIL has implemented “Anjani" e-Measurement Book & e-Billing Portal for ease in
submission of measurement book/bill and reduction in paper transaction.
Accordingly, GAIL will process the Bill with Measurement Book through "Anjani" e-
Measurement Book & e-Billing Portal (link:
https://gailebank.gail.co.in/MBAutomation/frmlogin.aspx). Accordingly, Contractor/ Service
Provider/ Consultant is requested to forward the RA Bill on "Anjani" e-Measurement Book &
e-Billing Portal through concerned EIC/CIC/SIC, whichever is applicable.
Further, User Manual is also available on aforesaid portal.
‐ 54 ‐
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
Annexure-I to Section-III
Not Applicable
ANNEXURE-II to Section-III
2.1 The name of the Services to be performed is: INSPECTION, TESTING &
MECHANICAL ASSISTANCE OF STORAGE TANKS AT GAIL PATA
B. BIDDING DOCUMENT
ITB clause Description
8.1 For clarification purposes only, the communication address is:
12 & 13 Whether GAIL will be able to avail input tax credit in the instant tender
YES ✓
NO
‐ 55 ‐
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Details of Buyer:
In case of submission through online banking transaction i.e. IMPS / NEFT / RTGS
/ SWIFT, etc, the details of GAIL’s Bank account are as under:
Account Holder’s Name: GAIL INDIA LIMITED
Account Number: 00000032808651040
IFSC Code: SBIN0001937
Bank Name: State Bank of India
Branch address: Distt. Auraiya, U P- 206241
Kshitij Sendre
Senior Officer
GAIL (India) Limited
Pata Petrochemical Complex
District Auraiya, UP - 206241
E. EVALUATION, AND COMPARISON OF BIDS
F. AWARD OF CONTRACT
ITB clause Description
37 State of India which stamp paper is required for Contract Agreement:
Uttar Pradesh
38 Contract Performance Security/ Security Deposit
‐ 56 ‐
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
APPLICABLE ✓
NOT APPLICABLE
CPS/SD @ 3% of Total Order / Contract value excluding GST in case contract period
is less than one year or 3% of Annualized Order / Contract value excluding GST in
case contract period is more than one year.
39.3 Name and contact details of nodal officer are as under:
Shri Ashish Dadel
NO
NOT APPLICABLE ✓
NOT APPLICABLE ✓
NOT APPLICABLE ✓
‐ 57 ‐
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‐ 58 ‐
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
LIST OF FORMS & FORMAT
‐ 59 ‐
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F-1
To,
M/s GAIL (INDIA) LIMITED
1 Bidder Name
If Others Specify:_________________
‐ 61 ‐
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FORMAT F-2
Dear Sir(s),
In accordance with Letter Inviting Tender under your reference No __________________ M/s. ________________
having their Registered / Head Office at _____________ (hereinafter called the Tenderer), wish to participate in the
said tender for
______________________________________________________________________________
As an irrevocable Bank Guarantee against Earnest Money for the amount of ______________ is required to be
submitted by the Tenderer as a condition precedent for participation in the said tender which amount is liable to be
forfeited on the happening of any contingencies mentioned in the Tender Document.
This guarantee shall be irrevocable and shall remain valid up to ____________ [this date should be two (02) months
beyond the validity of the bid].If any further extension of this guarantee is required, the same shall be extended to
such required period on receiving instructions from M/s. _____________________________________________
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
____________ 20__ at ____________.
a) The Bank’s liability under this Guarantee shall not exceed (currency in figures) . . . . . . . . . . . . . . . . (currency
in words only ) . . . . .
b) This Guarantee shall remain in force upto ___________ (this expiry date of BG should be two months beyond
the validity of bid) and any extension(s) thereof; and
c) The Bank shall be released and discharged from all liability under this Guarantee unless a written claim or
demand is issued to the Bank on or before the midnight of ………………….(indicate date of expiry of claim
period which includes minimum three months from the expiry of this Bank Guarantee) and if extended, the date
of expiry of the last extension of this Guarantee. If a claim has been received by us within the said date, all the
rights of GAIL under this Guarantee shall be valid and shall not cease until we have satisfied that claim.
WITNESS:
(SIGNATURE) (SIGNATURE)
‐ 62 ‐
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(NAME) (NAME)
Designation with Bank Stamp
--------------------------------------------------------------------------------------------------------
1. The Bank Guarantee by Bidders will be given on non-judicial stamp paper as per "Stamp Duty"
applicable. The non-judicial stamp paper should be in the name of the issuing Bank.
2. The expiry date should be arrived at in accordance with "ITB: Clause-16.1".
3. The Bank Guarantee by bidders will be given from Bank as specified in "ITB : Clause -16.2".
4. A letter from the issuing Bank of the requisite Bank Guarantee confirming that said Bank
Guarantee / all future communication relating to the Bank Guarantee shall be forwarded to the
Employer at its address as mentioned at "ITB".
5. Bidders must indicate the full postal address of the Bank along with the Bank's E-mail / Phone
from where the Earnest Money Deposit has been issued as per proforma provided below..
6. If a Bank Guarantee is issued by a commercial Bank, then a letter to Employer confirming its
net worth is more than Rs. 1,000,000,000.00 [Rupees One Hundred Crores] or equivalent along
with documentary evidence in the Bank Guarantee itself.
‐ 63 ‐
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F-4
PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE SECURITY
/ SECURITY DEPOSIT"
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
a) The Bank’s liability under this Guarantee shall not exceed (currency in figures) . . . . . . . . . . .
. . . . . (currency in words only ) . . . . .
b) This Guarantee shall remain in force upto ___________ (this date should be expiry date of
defect liability period of the Contract) and any extension(s) thereof; and
12.
c) The Bank shall be released and discharged from all liability under this Guarantee unless a
written claim or demand is issued to the Bank on or before the midnight of
………………….(indicate date of expiry of claim period which includes minimum three months
from the expiry of this Bank Guarantee) and if extended, the date of expiry of the last extension
of this Guarantee. If a claim has been received by us within the said date, all the rights of GAIL
under this Guarantee shall be valid and shall not cease until we have satisfied that claim.
Yours faithfully,
______________
Bank by its Constituted Attorney
Signature of a person duly
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Authorized to sign on behalf of the Bank
1. The Bank Guarantee by successful Bidder(s) will be given on non-judicial stamp paper as per
'stamp duty' applicable. The non-judicial stamp paper should be in name of the issuing bank.
2. The Bank Guarantee by Bidders will be given from bank as specified in cl.no. 38.3 of ITB
[Section-III] of Tender Document.
3. A letter from the issuing bank of the requisite Bank Guarantee confirming that said Bank
Guarantee and all future communication relating to the Bank Guarantee shall be forwarded to
Employer.
4. If a Bank Guarantee is issued by a commercial bank, then a letter to Employer and copy to
Consultant (if applicable) confirming its net worth is more than Rs. 100,00,00,000.00 [Rupees
One Hundred Crores] or its equivalent in foreign currency alongwith documentary evidence
OR in the Bank Guarantee itself.
5. Service Provider shall submit attached cover letter (Annexure) while submitting Contract
Performance Security
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F-5
AGREED TERMS & CONDITIONS
To,
‐ 67 ‐
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Sl. DESCRIPTION BIDDER'S
CONFIRMATION
delay in completion schedule specified in Bid document.
‐ 68 ‐
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Sl. DESCRIPTION BIDDER'S
CONFIRMATION
applicable laws of India. We expressly agree, acknowledge
and understand that the Purchaser is not an agent,
representative or delegate of the Government of India. It is
further understood and agreed that the Government of India is
not and shall not be liable for any acts, omissions,
commissions, breaches or other wrongs arising out of the
Agreement. Accordingly, we hereby expressly waive, release
and forego any and all actions or claims, including cross
claims, VIP claims or counter claims against the Government
of India arising out of the Agreement and covenants not to sue
to Government of India as to any manner, claim, cause of
action or things whatsoever arising of or under the
Agreement."
19. Bidder to ensure all documents as per tender including clause CONFIRMED
11 of Section III and all Formats are included in their bid
20. Bidder understands that Tender Document is not exhaustive. CONFIRMED
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, Conditions of Contract, or
any other part of Bidding document, the quoted rates will
deemed to be inclusive of cost incurred for such activities
unless otherwise specifically excluded. Bidder confirms to
perform for fulfilment of the contract and completeness of the
supplies in all respect within the scheduled time frame and
quoted price.
21. Bidder hereby confirms that they are not on ‘Holiday’ by GAIL CONFIRMED
or Public Sector Project Management Consultant (like EIL,
Mecon only due to “poor performance” or “corrupt and
fraudulent practices”) or banned by Government department/
Public Sector on due date of submission of bid.
Further, Bidder confirms that neither they nor their allied
agency/(ies) (as defined in the Procedure for Action in case of
Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on
banning list of GAIL or the Ministry of Petroleum and Natural
Gas.
Bidder also confirms that they are not under any liquidation,
court receivership or similar proceedings or 'bankruptcy'.
In case it comes to the notice of GAIL that the bidder has
given wrong declaration in this regard, the same shall be dealt
as ‘fraudulent practices’ and action shall be initiated as per the
Procedure for action in case of
Corrupt/Fraudulent/Collusive/Coercive Practices.
Further, Bidder also confirms that in case there is any change
in status of the declaration prior to award of contract, the same
will be promptly informed to GAIL by them.
22. Bidder confirms that they have read and understood the CONFIRMED
General Conditions of Contract - Services available on
GAIL’s Tender website
(http://gailtenders.in/Gailtenders/gccs.asp) & no 'exception /
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Sl. DESCRIPTION BIDDER'S
CONFIRMATION
deviation' anywhere has been taken in the same and that they
shall abide by provisions of relevant GCC.
23. Bidder certifies that they would adhere to the Fraud CONFIRMED
Prevention Policy of GAIL [available on GAIL’s website
(www.gailonline.com)] and shall not indulge themselves or
allow others (working in GAIL) to indulge in fraudulent
activities and that they would immediately apprise GAIL of
the fraud/suspected fraud as soon as it comes to their notice.
Concealment of facts regarding their involvement in
fraudulent activities in connection with the business
transaction(s) of GAIL is liable to be treated as crime and dealt
with by the procedures of GAIL as applicable from time to
time.
24. Bidder confirms that (i) any variation in GST at the time of CONFIRMED
supplies for any reasons, other than statutory, including
variations due to turnover, shall be borne by them and (ii) any
error of interpretation of applicability of rate of GST (CGST
& SGST/ UTGST or IGST) on components of an item and/or
various items of tender by them shall be to bidder’s account.
25. Bidders confirm to submit signed copy of Integrity Pact CONFIRMED
(wherever included in tender).
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F-6
(On receipt of tender document/information regarding the tender, Bidder shall acknowledge the
receipt and confirm his intention to bid or reason for non-participation against the enquiry
/tender through e-mail to concerned executive in GAIL issued the tender, by filling up the
Format)
To,
Dear Sir,
We hereby acknowledge receipt of a complete set of bidding document along with enclosures for
subject item/job and/or the information regarding the subject tender.
We intend to bid as requested for the subject item/job and furnish following details with respect
to our quoting office:
‐ 71 ‐
F-7
BIDDER’S EXPERIENCE
To,
Sl. Descript LOA Full Postal Value of Date of Scheduled Date of Reasons
No ion /WO Address & Contract Commenc Completio Actual for delay
of the No. and phone nos. of /Order ement of n Comple in
Services date Client. Name, (Specify Services Time (Mo tion executio
designation Currency nths) n, if any
and address of Amount)
Engineer/
Officer-in-
Charge (for
cases other
than purchase)
(1) (2) (3) (5) (6) (7) (8) (9) (10)
Note: As per cl.no.D of Section-II, only documents (Work Order, Completion certificate,
Execution Certificate etc.) which have been referred/ specified in the bid shall be considered in
reply to queries during evaluation of Bids.
‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐
F-8 (A)
CHECK LIST
Bidders are requested to duly fill in the checklist. This checklist gives only certain important items to
facilitate the bidder to make sure that the necessary data/information as called for in the bid document
has been submitted by them along with their offer. This, however, does not relieve the bidder of his
responsibilities to make sure that his offer is otherwise complete in all respects.
Please ensure compliance and tick (√) against following points:
S. No. DESCRIPTION CHECK REFERENCE PAGE
BOX NO. OF THE BID
SUBMITTED
1.0 Signing and Stamping on each sheet of offer, original bidding
document including SCC, ITB, GCC, SOR drawings,
corrigendum (if any)
2.0 Confirm that the following details have been submitted in the
Un-priced part of the bid
i Covering Letter, Letter of Submission
ii EMD/Bid Security / Declaration for Bid Security as per
provisions of Tender
iii signed & stamped tender document along with drawings and
addendum (if any)
iv Power of Attorney in the name of person signing the bid.
v Confirm submission of document alongwith unpriced bid as per
bid requirement (including cl.no.11.1.1 of Section-III).
3.0 Confirm that all format duly filled in are enclosed with the bid
duly Signed and Stamped by authorised person(s)
4.0 Confirm that the price part is uploaded in GeM portal.
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8.0 Confirm submission of Checklist against Bid Evaluation
Criteria as per format F-8(B)
74
F-11
BIDDER'S QUERIES FOR PRE BID MEETING
To,
Sub :
Tender No :
NOTE: The Pre-Bid Queries may be sent by e-mail before due date for receipt of Bidder's queries.
F-12
E-Banking Mandate Form
(To be issued on vendors letter head)
1. Vendor/customer Name :
2. Vendor/customer Code:
I/We hereby authorize GAIL(India) Limited to release any amount due to me/us in the bank account
as mentioned above. I/We hereby declare that the particulars given above are correct and complete.
If the transaction is delayed or lost because of incomplete or incorrect information, we would not
hold the GAIL (India) Limited responsible.
(Signature of vendor/customer)
BANK CERTIFICATE
77
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F-14
2.0 Should the Bid Evaluation Criteria Yes. Please refer Section II of Tender
documents be attested? document
3.0 Is attending Pre Bid Meeting mandatory. No. Refer Clause No. 17 of Instruction to
Bidders of Tender Document. However
attending Pre Bid Meeting is recommended to
sort out any issue before submission of bid by
a Bidder.
4.0 Can a vendor submit more than 1 offer? No. Please refer Clause No. 4 of Instruction
to Bidders of Tender Document.
5.0 Is there any Help document available for Refer training module presentations and
GeM portal. FAQs as available on GeM portal.
6.0 Are there are any MSE (Micro & Small Yes. Refer Clause No. 40 of Instructions to
Enterprises) benefits available? Bidders of Tender Document.
7.0 Are there are any benefits available to Refer Clause No. 49 of Instructions to
Startups? Bidders of Tender Document.
78
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F-15
To,
M/s GAIL (INDIA) LIMITED
PATA
Dear Sir,
(i) Applicable to us [ ]
In case, same is applicable to us, we confirm that we will submit E-Invoice after complying with all
the requirements of GST Laws. If the invoice issued without following this process, such invoice
can-not be processed for payment by GAIL as no ITC is allowed on such invoices. We also confirm
that If input tax credit is not available to GAIL for any reason attributable to Supplier (both for E-
invoicing cases and non-E-invoicing cases), then GAIL shall not be obligated or liable to pay or
reimburse GST (CGST & SGST/UTGST or IGST) claimed in the invoice(s) and shall be entitled to
deduct / setoff / recover such GST amount (CGST & SGST/UTGST or IGST) or Input Tax Credit
amount together with penalties and interest, if any, by adjusting against any amounts paid or becomes
payable in future to the Supplier under this contract or under any other contract.
79
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SCOPE OF WORK FOR INSPECTION, TESTING & MECHANICAL ASSISTANCE
OF STORAGE TANKS AT GAIL PATA.
SECTION‐1
A. SCOPE FOR INSPECTION & TESTING ACTIVITIES OF STORAGE TANKS AT GAIL PATA.
1.0 GENERAL:
Inspection, Hydrostatic Testing, Settlement Check & Re‐certification of Storage Tanks installed at
GAIL PATA shall aim in determining health assessment based on findings during Visual Inspection,
Non‐destructive test, Settlement check and hydrostatic test of tanks as per requirement of OISD‐
129, API 650 & API 653.
Note: The contractor shall be responsible to complete the entire work as per scope of work (SOW)
& Schedules of rates (SOR) in all respect and not limited to this:
The entire Inspection study shall be carried out on the following basic steps:
1. The study, collection of process data and assessment of current conditions.
2. Finalization of action plan for carrying out detailed NDTs & tests.
3. Non‐destructive testing as per agreed plan and schedules with qualifying basic requirement
of relevant codes & standards.
4. Compilation of test results.
5. Analysis of test results and assessment for refurbishment/replacement.
6. Preparation of Final report along with recommendations, if any.
Note: Inspection of Storage tanks shall be carried out in multiple mobilizations. One or more than
one tank may be released in one mobilization. Job may be carried out simultaneously for more than
one tank. Job will be carried out as per attached tank inspection schedule (Please refer last page
of this Scope of Work). But there will be some variations in handing over the tank depending
upon process constraint of the Plant. Please also note that the attached tank list is tentative and
it may be amended based upon plant requirement. Contractor shall consider the aforesaid
constraint while quoting rates for contract.
The scope of work includes but not limited to the following:
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Carrying out NDT Inspection (Please refer detailed scope in Clause 3.0 Sl. No. I to VIII given
below), inspection report submission to GAIL and recommendation for any
refurbishment/replacement.
Storage Tanks shall be handed over to the Contractor after liquid freeing by emptying and
purging. Work permit shall be issued by GAIL before entering the vessel. Contractor shall not
start the work unless safe entry / work permit is obtained by him.
2.0 CONTRACTOR’S SCOPE OF WORK:
i. The scope of contractor’s work covers all the testing as stipulated in this scope of work
mentioned in subsequent pages.
ii. The contractor shall submit inspection procedures of respective NDT techniques to be carried
out, hydro test and settlement test before start of work for approval from GAIL.
iii. For the purpose of Inspection and Non Destructive Testing, the contractor must engage only
certified ASNT/ISNT LEVEL‐II inspectors in respective NDT (UT, MPT, LPT, VT etc.) with minimum
03 years’ experience in NDT preferably in Storage Tank Inspection.
iv. The inspection reports shall be reviewed by a Level‐III NDT person.
v. The contractor shall agree to keep all the information and documents provided by GAIL in
connection with this work, strictly confidential. These shall be used only for the purpose as
detailed in the work order. No information shall be passed on to any third party without prior
approval of GAIL.
vi. The contractor shall augment requisite manpower to complete the on‐site inspection and field
job within stipulated time.
vii. The contractor must deploy one dedicated Site supervisor at site to co‐ordinate the jobs with
EIC. Site supervisor has to take care of jobs so that it shall be started only after taking proper
WORK‐PERMIT from our Central Control Room (Ops.) as the work shall be carried out in
hazardous and restricted area. Minimum two NDT technicians shall be deployed at site during
job execution, however in case of work exigency additional technicians may be mobilized as per
instructions of EIC
viii. The contractor shall arrange all required tools, tackles including facility for carrying out all the
inspection such as WFMPI, DP Test, UT Test, Hardness Measurement, Total station & other
materials as may be considered necessary by the EIC for timely and efficient performance of
the jobs as spelt out in the scope of work.
ix. The contractor shall be sole custodian of their equipment. GAIL shall not be responsible for loss
or damage of equipment. Upon written request GAIL may provide a place for keeping the
equipment in the Pata Petrochemical premises without any obligation to GAIL for any loss or
damage.
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x. The contractor shall equip their personnel with all the personal protective equipments (PPEs).
Personnel deployed shall strictly adhere to GAIL’s safety rules and regulations.
xi. All safety appliances like helmets, industrial safety shoes, safety belts, goggles, cotton gloves,
ear plugs etc. required for safe working of personnel are to be arranged by contractor.
xii. All special consumables required to carry out the inspection jobs are to be supplied by
contractor.
xiii. The hydrocarbon tanks on which job are to be done is located in hydrocarbon area; hence, all
the testing equipment, which are to be used by the contractor, shall be of industrial use.
3.0 TESTS TO BE CONDUCTED DURING INSPECTION OF STORGAE TANKS:
I. Visual Examination
II. Ultrasonic thickness gauging & Dimensional measurements
III. Liquid Penetrant testing
IV. Magnetic Particle Testing
V. Ultrasonic testing (for flaw detection)
VI. In‐situ hardness testing
VII. Settlement check
VIII. Witness of Hydro test / Water Fill Test
I. VISUAL EXAMINATION:
Contractor has to carry out visual examination as per API 653 in order to assess the condition of
critical areas. VISUAL INSPECTION shall meet the requirement of standard recommended practice
for VT – ASME – V. Visual examinations shall be utilized:‐
a) For findings out areas which were affected by:
Erosion, corrosion, bulging and deformation.
Misalignment, sagging of pressure parts.
b) Also to check tank internals for:
General soundness of all attachment.
Corrosion damage or any other abnormality.
c) To assess the condition of piping supports, valves, ROVs’, Ladder/Staircase, Gratings, nozzles
etc.
II. ULTRASONIC THICKNESS GAUGING AND DIMENSIONAL MEASUREMENTS:
1) Ultrasonic Thickness Measurement of all tank plates, nozzles, Manways, manway pad,
connecting pipes and headers etc. to be taken by using ultrasonic wall thickness gauging
equipment of reputed make like GE/ Olympus/ Silverwing/ Krautkramer/ Panametrics/Cygnus
or as approved by EIC to get a profile of wall thickness.
82
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2) Thickness reading should cover minimum 15 readings per plate each in shell, top roof / tank
bottom to get a total corrosion profile & laminations in plate, if any. Also thickness on nozzles
in the four directions should be taken. Each location of thickness shall be scanned thoroughly
and minimum thickness shall be marked & reported. Depending on the inspection results more
thickness readings may have to be taken. EIC decision will be final in this regard.
3) OD of the internal pipes, Header, etc. has to be measured using standard engineering practice.
4) Sketches of jobs are to be made on paper indicating thickness & OD measurement location.
5) The Contractor shall arrange all Ultrasonic wall thickness gauging equipment, D‐Meter, probes,
calibration blocks, outside calipers, Vernier calipers, measuring tape, consumables (oil, grease
etc.) and associated accessories as required for the satisfactory completion of Ultrasonic
Thickness Measurement and OD Measurement at his own cost.
6) Contractor shall submit valid calibration certificates issued from reputed lab for all the
measuring equipments prior to start of work.
III. LIQUID PENETRANT TESTING:
1) The contractor has to submit a written procedure for DPT testing to EIC for reviewing to meet
partly requirement of ASTM E165.
2) Contractor shall arrange for all testing kits, accessories, lint‐free cloth, SS wire brush and DPT
consumables (cleaner, penetrant, developer of reputed make only) required for the satisfactory
completion of DPT at his own cost.
3) The contractor has to provide sufficient technician and skilled labours for the job. The
technician should possess valid ISNT/ASNT level II certificate in DPT/LPT and should have a valid
certificate during the period of job execution. A copy of the certificate to be submitted to EIC
before starting the job.
4) All accessible welds of nozzles, man‐way, reinforcement pad and bottom plate lap joints etc.
shall be inspected from inside of tank.
5) All inaccessible areas which cannot be covered by WFMPI shall be checked by DPT.
IV. MAGNETIC PARTICLE EXAMINATION:
WFMPI method used should meet the requirement of standard recommended practice for MPI
ASTM‐E‐709/ASTM‐E‐1444/ ASME Section V Article 7, including selection of equipment and
magnetic power calibration/testing of equipment and examination technique. Reliable equipment
of Magnaflux or equivalent makes to be used for the job. The contractor shall arrange all testing
equipment / instrument, accessories at his own cost.
1) The contractor has to submit a written procedure for MPI testing to EIC for reviewing and same
shall be carried out as per above standards requirement.
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2) Contractor has to arrange Battery operated articulated AC/DC Magnetic yoke, Dry Iron Powder
both visible (wherever applicable) & fluorescent type, ASTM test block for MPI, Pie gauge, gauss
meter, QQI, Yoke & Battery operated UV black/blue lamp with sufficient power cable etc. for
carrying out MPI.
3) Electromagnetic type yoke shall be used and must be capable for producing magnetic field
which must have sufficient strength to produce satisfactory indications. Field Strength shall be
of 30 to 60 gauss. In order to ensure sufficient field strength Gauss meter/ Telsa meter, Pie
gauge for dry powder application & Quantitative Quality indicator (QQI) shim for wet powder
shall be used.
4) 100% butt weld joints including circumferential and longitudinal seams of shell, roof & bottom
portion shall be inspected. Bottom plate lap / fillet weld joints are to be checked by WFMPI
wherever required.
5) 1 inch of parent metal on either side of the welds is to be covered in WFMPI of welds.
6) In case of any abnormal indication of defect observed from inside during WFMPI, it has to be
checked and confirmed by UFT and UFT printout of indication and graph plotting to be attached
with the preliminary report.
7) In case any weld joint is inspected externally, it shall be inspected by Dry powder magnetic
particles using white contrast paint.
8) Depending on the inspection finding, more areas in the parent metal may have to be inspected.
9) Contractor shall submit valid calibration certificates issued from reputed lab for all the
measuring equipments time‐to‐time prior to start of work.
10) The contactor has to provide sufficient technician and skilled labours for the job. The technician
should possess valid ISNT/ASNT level II certificate in MPI during the period of job execution. A
copy of the certificate is to be submitted to EIC before starting the job.
V. ULTRASONIC FLAW TESTING (UT) :
Ultrasonic flaw testing by A–Scan, pulse echo technique and contact method is applied to detect
internal flaw or discontinuities of components and welds.
1) The contractor has to submit a written procedure for UT testing to EIC for reviewing.
2) Contractor has to perform Ultrasonic testing by A‐scan, pulse echo technique.
3) Contractor has to arrange a UT machine which must have digital display with at least A scan and
capable to record A scan pattern in the memory of the equipment. The equipments shall
consists of sufficient number of angle probes (450, 600, 700 etc.) with probe cable, battery,
reference blocks (V1 & V2).
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4) 100% “T" joints of circumferential with longitudinal welding covering a straight length of 150‐
200 mm on either side of the weld joints by angle probe scanning.
5) The Contractor has to arrange calibration block of same material as of job piece, all
consumables including couplant, markin/lint free cloths etc.
6) The contractor has to provide sufficient technician and skilled labours for carrying out the said
job. The technician should possess valid ISNT/ASNT level II certificate in UT during the period of
job execution, a copy of the certificate shall be submitted to EIC before starting the job.
7) Contractor shall submit valid calibration certificates issued from reputed lab, time to time for
the equipments before starting the job.
8) Side Drill Hole reference blocks same of tank materials & thickness as per code, to draw DAC
Curves (Reference curves) for Ultrasonic Flaw testing of welds joints as per ASTM Sec V clause
T 434.3.
9) The recommended UFD equipment for testing purpose shall preferably be selected from the
following manufacturer:‐
GE
Olympus
Sonatest
EECI
Modsonic
VI. IN‐SITU HARDNESS MEASUREMENT:
Hardness is to be measured in the weld joints, HAZ and parent metal at random.
1) Arrangement of Sophisticated electronic portable rebound type hardness tester of reputed
make, approved by EIC, along with calibration block is in the scope of contractor.
2) One spot of hardness measurement includes three readings at weld, HAZ & parent metal.
Points will be decided at site. Minimum 50 points measurement is to be taken per tank.
Provision must be kept for additional readings as decided by the Engineer‐in‐charge of GAIL.
3) Hardness tester shall be based on Ultrasonic Contact Impedance (UCI) method / Leeb
rebound method.
4) Contractor has to provide sufficient skilled technician for carrying out the said job.
5) Contractor shall submit calibration certificates issued from reputed lab for the equipment’s
time to time before starting the job.
6) Hardness test shall be carried out in accordance with ASTM A1038 (UCI) / ASTM A956 (Leeb
rebound method).
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7) The hardness tester shall have provision of measuring material hardness in Brinell hardness
number (HB) directly.
VII. SETTLEMENT CHECKING OF STORAGE TANKS:
Contractor shall check Settlement of tanks by using Total Station equipment for vertical plain shift
of tank bottom. Tank Plumbness of shell shall also be checked, if required/instructed by EIC. Person
performing the job must be well experienced in operating the said system.
Measure the settlement reading of tanks at 0%, 25%, 50%, 75% & 100% during water filling
condition by taking accurate reading of vertical position of tank. Also rebound settlement readings
shall be taken after tank empty condition at zero level to ascertain the net settlement of tank taken
place.
There may be waiting time in taking measurement of settlement as water filling & draining may
require at least 36‐48 hours.
VIII. WITNESS OF HYDRO TEST / WATER FILL TEST OF STORAGE TANKS:
Contractor’s authorized person shall witness Hydro‐test / water fill test of storage tank as
per design data/guidelines.
4.0 REPORTING:
i. Daily Progress Report (DPR) shall contain complete details of the examination carried out and
recorded defects including the type, size, location, shape, identity, criticality etc. Daily / interim
reports shall cover all aspects / details regarding immediate repairs / actions required.
ii. Any observation of concern during the process of the inspection shall be brought to the notice
of EIC/GAIL site‐engineer outright.
iii. Contractor shall submit preliminary site report of tank inspection with necessary sketch before
leaving site. Final inspection report shall be submitted in 01 no. hard copy in proper binding and
in soft form in CD ROM/ USB / Email within 15 days of any individual tank site job.
iv. After satisfactory completion of all the tests, inspection agency shall issue a certificate in proper
format along with detailed reports and checklists.
v. The final (detailed) report containing NDT data must have all indications and readings on
development sketch & tabular form with design value and accepted value. Each NDT report
shall indicate acceptance standard, observation & test result.
vi. The medium of reporting of final Report shall be in English of highest standard. Report shall be
legible, elaborate and exhaustive.
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B. MECHANICAL ASSISTANCE ACTIVITIES DURING INSPECTION, TESTING OF STORAGE
TANKS AT GAIL PATA
The job of Mechanical assistance shall complement Non Destructive Testing (NDT) job required for
Inspection, testing of storage tanks.
For timely compliance of Inspection schedules based on various standards /Codes /guidelines
adopted by GAIL, Mechanical assistance shall be provided by contractor which includes following
but not limited to that,
a) Following activities are to be carried out:
i. Blinding & De‐blinding of pipe nozzles at nearest flange joints to tank (wherever possible) in
order to make positive isolation of tanks.
ii. Erection of scaffolding inside of storage Tanks for approach to cover all weld joints and removal
of scaffolding after complete testing & inspection is over as per the detailed specifications. All
equipments & scaffolding materials required for the job shall be arranged by the contractor at
his own cost & risk.
iii. Providing assistance for connection of hoses (air, nitrogen etc.) for purging of tanks.
iv. Opening & box‐up of Manholes, vent nozzles, drains etc. for vessel entry.
v. Dropping & box‐up of isolation valves, spool pieces and arrangement of all the accessories for
performing the said job successfully.
vi. General cleaning and normal surface preparation by buffing of butt and fillet weld joints of
tanks.
vii. All mechanical assistance required for NDT Inspection shall be arranged by the contractor.
viii. Contractor shall maintain sufficient teams of skilled Riggers, Grinders and helpers for doing
various mechanical jobs i.e. scaffolding erection & removal, surface preparation by buffing of
painted/bare surfaces, removal of insulation etc. during various NDT jobs.
ix. Contractor has to depute at least 01 no. Site‐in‐charge for co‐ordination of various activities.
The site‐in‐charge must be well qualified & experienced having knowledge for implementation
of various safety requirement during work. Minimum six manpower shall be deployed at site
during job execution, however in case of work exigency additional resources may be mobilized
as per instructions of EIC.
x. Mechanical assistance for water fill / Hydro‐test and settlement of storage Tanks.
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b) MATERIALS IN CONTRACTOR’S SCOPE:
i. All tools & tackles i.e. open ended & ring spanners of required sizes (both normal & non‐
sparking tools), Heavy duty sledge spanner (Ring & D type), Brass hammers, pipe wrench etc.
ii. Adequate numbers of Slings, D‐shackle, Manila ropes, fall arrestor, safety nets, Chain Pulley
blocks, wire brush etc.
iii. Pneumatic Grinder /Buffing machines with air hose of adequate length etc.
iv. All safety PPEs e.g. Safety suit/cotton dungaree, helmets, safety belts, safety shoes, safety
goggles, dust masks, ear plugs, ear muffs etc. shall be arranged by the contractor.
v. Grease, paint & rust remover, cotton waste & other consumables shall be arranged by the
contractor.
c) GUIDELINES FOR CONTRACT EXECUTION:
1.0 GENERAL:
1.1 These technical specifications shall be applicable for the work covered by this contract, over
and above and without prejudice to the various codes of practice, standard specifications etc.,
it is being specifically understood that contractor shall carry out the work in all respects with
the best quality of materials and workmanship and in accordance with the best engineering
practice and instructions of Engineer‐in‐Charge.
1.2 Wherever it is stated in the specification that a specific Material is to be supplied or a specific
work is to be done, it shall be deemed that the same shall be supplied or carried out by the
contractor at his own cost.
2.0 PROCEDURE FOR ERECTION OF SCAFFOLDING:
2.1 Inside Scaffolding (wherever required for NDT job):
i. SCAFFOLDING is to be made out of tubular structures (Standards scaffolding pipes of 40 mm
diameter in order to make entire inner surface of Tank safely accessible for visual inspection
and nondestructive testing (NDT) work, all the scaffolding material including necessary fittings,
clamps, platforms has to be arranged by the contractor at his own cost. The engineer‐in‐charge
may accept better scaffolding material/technique than that given here in case if the contractor
prefer to provide.
ii. Height between two horizontal members (Pipes) of tubular structures should be 500 mm to 800
mm (Maximum) to have ease and safety of climbing up or down by the working and inspecting
personnel. In special cases the height may have to be reduced if felt necessary by the engineer‐
in‐charge of GAIL. Provision must be kept for the same.
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iii. Working platform or stages are to be made by steel/aluminum perforated sheets or similar
material and secured firmly. These platforms are to be provided at a vertical distances of about
1200 mm below each circumferential seams and stiffening ring fillet (at equator level) weld
joint to enable visual inspection and NDT work in these welds and shell plate surfaces
conveniently while inspecting personnel are standing on the platform/stages. Similar stages are
to be made inside storage tanks for the inspection and NDT of all the longitudinal seams.
Platforms are also required to be built for inspection of all nozzles including manhole‐nozzle
welds, temporary attachment weld points above circumferential and both sides of longitudinal
welds.
iv. A clear Gap of 50 ‐ 70 mm should be maintained between the edge of scaffolding pipes and
sidewall of shell. In no case the pipe edges should touch the shell surface. Scaffolding pipes
should be supported on flat plates of proper size (Flat pieces of plates to be positioned at the
end of the vertical scaffolding pipes) to avoid any damage to tank bottom plates.
v. Wooden planks, Bamboo, coir ropes, nylon ropes, cotton or any combustible material should
not be used for making scaffolding.
vi. Suitable rigid ladder should be provided for landing into the platforms/stage under manhole.
2.2 Removal:
Scaffolding is to be removed after completion of all inspection/NDT work and repairs.
3.0 SURFACE PREPARATION FOR NDT
All appropriate tools tackles and consumables required for the internal surface cleaning as
enumerated in the following paragraphs shall be arranged by contractor.
Loose scale, oil, dirt, paint etc. shall be removed from internal tank surface of storage Tanks by
using buffing machine and wire brush. Surface cleaning may be required for some spots of external
tank surface as per instruction of GAIL/EIC.
Following areas shall be thoroughly cleaned and prepared by contractor for further inspection and
testing purpose:
a. All internal weld joints e.g. circumferential and longitudinal seams, fillet welds of stiffening ring
and nozzle welds.
b. Weld joints of all the nozzles including manholes.
c. Reinforcement pads of all support to shell.
d. 25 mm of parent metal on either side of all weld joints. 150 mm of parent metal on sides of “T”
weld joints.
e. Area/points inside the storage Tanks where temporary attachments such as cleats, brackets are
welded on both sides of circumferential and longitudinal seams.
f. A few selected areas (300 x 300 mm) on parent metal on the inner surface as decided by
Engineer‐in‐charge.
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g. Thickness and hardness spots (2”x2” or 2” diameter area) as per requirement of NDT inspection
team.
Shining metal is required to be exposed after cleaning by any of the cleaning methods and should
meet requirements of NDT inspection.
LIST OF MAJOR TOOLS AND TACKLES TO BE ARRANGED BY CONTRACTOR:
Sl. Description Tentative qty. Bidder
No. required for Confirmation
performing job,
However based on
quantum of job,
can be varied
1 Sling/D‐Shackles with valid load test Certificate 01 set
2 Chain block (2 to 3 Ton) with valid load test Certificate 01 no.
3 Manila/ Synthetic ropes (Approx. 25 Mtr. length) 03 nos.
4 Aluminium Ladders 05 nos.
5 Pneumatic Grinding/ Buffing machine with guard along 03 Set
with buffing wheels
6 Air hoses with approx. 25 mtr length min required for 02 nos.
pneumatic grinder, having connector for connecting two
hose
7 Brass Hammers up to 5LBS 02 nos.
8 Pulleys, Rope ladder 02 each
9 Tool box having open ended & ring spanners of required 01 set
sizes (both normal & non‐sparking tools), pipe wrench etc.
10 All PPEs required as per nature of job as well as basic safety For all employees
appliances like safety shoe, helmet, hand gloves, goggles,
dust mask, face shield, ear plug/muff, boiler suit, safety belt
(with valid test certificate) etc.
11 Scaffolding materials pipes 250 nos.
12 Grating /Jaali 80 nos.
SECTION‐2
SCOPE OF WORK FOR API 653 CERTIFIED INSPECTOR REQUIREMENT AT GAIL PATA SITE
a) Contractor shall arrange API 653 certified inspector at GAIL Pata site as per instruction of
Engineer‐in‐charge (EIC) for following activities:
1. Visual inspection of critical storage tanks and review of NDT Inspection reports at site.
2. Defect identification and decision for acceptance/non‐acceptance of the defected segment.
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3. Repair suggestions for defected segments of storage tanks as per API 653 with hand
sketch/drawing & procedure for further repairing job by another agency.
4. Future serviceability suggestion for critical storage tanks.
5. Finalization of internal inspection frequency for repaired/defected storage tanks.
b) One Man‐Day (MAD) of SOR shall be considered equivalent of one API 653 inspector working
for 8 hours duration during a day. Generally, job shall be carried out from 9:15 am to 5:45 pm
on normal working days. However due to exigency, job may be carried out beyond 05:45 PM,
for this no extra charges will be paid. Payment shall be made for actual nos. of SOR quantity
as certified by GAIL/EIC; idle time such as mobilization, demobilization, holiday, gate pass
preparation, training, medical etc. shall not be included. Generally work shall be carried out
on working days but based on plant requirement, it may have to be performed on
Sundays/holidays and same shall be payable on the SOR rates.
General Conditions for both Section‐1 and Section‐2
ACCOMMODATION, LOCAL CONVEYANCE AND GATE PASSES:
No accommodation will be provided to the contractor/contracting firm by GAIL. However for
site in charge, accommodation will be provided during shutdown period only, subject to
availability and approval by competent authority on chargeable basis.
The contractor shall arrange accommodation, transportation and food for the deputed
personnel at his own cost. Also conveyances inside and outside the plant shall be in the scope
of the contractor.
The contractor shall submit photographs and other required documents at his own cost during
gate pass preparation.
GAIL’S SCOPE:
Provide safety briefing to familiarize with GAIL safety practices to all the personnel deployed.
Free utility connections up to the extent possible viz. Plant Air, Service water, Fire water at test
site.
Free electric power supply for testing equipment, hand lamps for lights source with power
cable.
Hydra & Cranes on free of cost basis as & when required at critical locations as per discretion
of GAIL/EIC.
Storage Tanks list for Internal Inspection Schedule
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Nominal
Sl. Capacity Inspection
Unit Name Tank Tag No. Tank Name MOC
No. (Cubic Due Date
Meter)
1 GCU‐I 10‐TT‐302 CAUSTIC DAY TANK 124 SA516 GR.60 21‐03‐2024
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SPECIAL CONDITIONS OF CONTRACT (SCC)
JOB: SERVICE CONTRACT FOR INSPECTION, TESTING & MECHANICAL ASSISTANCE OF STORAGE
TANKS AT GAIL PATA
1. INTRODUCTION:
The Special Conditions of Contract shall be read in conjunction with the Scope of Work,
Schedule of rates and any other documents forming part of the contract, wherever the
context so requires.
1.1. Contractor has to carry out INSPECTION, TESTING & MECHANICAL ASSISTANCE OF
STORAGE TANKS AT GAIL PATA.
1.2. Contractor has to carry out Mechanical Assistance required during inspection, testing of
storage tanks at GAIL PATA. The contractor shall mobilize adequate nos. of skilled
manpower with all the materials for Mechanical assistance job.
1.3. Contractor shall mobilize a team of experts for inspection of tanks at GAIL PATA site. This
inspection team shall consist of ASNT/ ISNT level‐II qualified inspectors for relevant NDT
field LPT, MPI, UT, VT etc.
1.4. Contractor has to depute a site‐in‐charge for co‐ordination of various activities. The site in
charge must be well qualified & experienced having knowledge for implementation of
various safety requirement during work.
1.5. The contractor shall submit valid calibration certificate of NDT equipments & qualification
certificate like ASNT/ ISNT level‐II in relevant field. Contractor shall submit valid API‐653
certificate for API‐653 certified inspector deployed at GAIL Pata site.
1.6. Contractor shall strictly adhere to the target/program of each tank by deploying adequate
skilled manpower, qualified personnel, inspection equipment, mechanical tools etc.
required for satisfactory timely completion of job.
1.7. The contractor has to make his own arrangements for his workmen for food, transportation
and accommodation during the period of the contract.
2. SCOPE OF WORK:
The Scope of Work of this contract is described separately in the bidding document as
‘Scope of work for inspection, testing & mechanical assistance of storage tanks at GAIL
PATA‘. It is however, explicitly understood that the scope as described is not limiting, in so
far as the responsibilities of the contractor are concerned and shall include, inter alia,
carrying out any and all works and providing any and all facilities as are required to complete
the works in all respect.
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3. CONTRACT PERIOD:
3.1. The duration of contract will be 24 months. Based upon the performance of the contractor
and requirement of plant the same contract may be extended for another 06 months or
part thereof on same rate, terms and conditions which shall be binding on the contractor.
3.2. The work shall be executed strictly as per Time Schedule as decided by engineer‐in‐charge.
3.3. The time limit for completion of total job at site including job period of inspection &
mechanical assistance, for each storage tank shall be 30 working days from date of handing
over of the tank. The period of 30 working days includes positive isolation of tank, erection
of scaffolding, manhole opening, inspection activities, hydro testing, scaffolding removal
and complete tank box‐up etc. This period does not include de‐commissioning,
commissioning and any tank repairing activities, which shall be carried out by GAIL itself.
GAIL Operation will arrange transfer & vaporization of hydrocarbon liquid, dew‐point
achievement etc.
3.4. In case of exigency the job shall be completed before the stipulated time i.e. 30 working
days as decided by GAIL by deploying additional manpower.
3.5. Tanks need to be taken for internal Inspection & hydro testing one after another, while
GAIL will attempt to isolate and hand‐over tanks in close succession, some delay cannot be
ruled out.
3.6. After completion of Inspection of first tank, the next one may be handed over after a time
gap as decided by GAIL. Contractor will be informed 10 days in advance for starting work
on next equipment.
4. MOBILIZATION PERIOD
Contractor shall mobilize skilled manpower along with all materials as per detail scope of
work for site job within 10 days of intimation by GAIL. No mobilization/de‐mobilization
charges shall be paid to the contractor.
Multiple mobilization and de‐mobilization may be required for the execution of this job
contract. No additional payment will be made for the multiple mobilizations.
5. PRS /LD CLAUSE
Time is the essence of the CONTRACT. In case the CONTRACTOR fails to mobilize within
stipulated period as defined in clause 4.0 of SCC, then, unless such failure is due to Force
Majeure as defined in Clause 26 of GCC or due to EMPLOYER's defaults, the Total Contract
price shall be reduced by ½ % of the total Contract Price per complete week of delay or part
thereof subject to a maximum of 5 % of the Total Contract Price. The said amount will be
recovered from amount due to the Contractor/ Contractor’s Contract Performance Security
payable on demand.
The decision of the ENGINEER‐IN‐CHARGE in regard to applicability of Price Reduction
Schedule /LD clause shall be final and binding on the CONTRACTOR.
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6. TERMS OF PAYMENT:
6.1 Contractor shall submit bill after completion of each survey along with Electronic Challan
cum Return (ECR) / Electronic Challan along with On Line Uploaded list of contract workers
/ members & copy of valid comprehensive Insurance.
6.2 The contractor shall submit a certificate along with bill that the contractor has obtained the
EPF code no. (Code number to be indicated) and EPF contribution in respect of contractual
labor up to the previous bill has already been deposited with the PF commissioner.
6.3 GAIL shall release all payments within 30 days for the bills raised by contractor through e‐
banking after statutory deduction. Invoices will be address to GAIL’s Engineer’s‐in‐charge.
6.4 GAIL shall be entitles to deduct income tax at source from the payment to be made to the
contractor against his bills (submitted in triplicate) in accordance with the Indian Income
Tax. It shall be the liability of the contractor to bear and pay at his expenses, all taxes (except
service tax) license fees, excise duties or any other dues of central, state or any other local
authorities.
6.5 Final bill along with No claim certificate & No dues Certificate shall be submitted within 30
days of completion of contract period.
6.6 There shall not be any additional payment for idle time on account of any reason viz.,
insufficient front, and delay in issue of safety work permit etc.
7. DEFECT LIABILITY PERIOD
NIL
8. PENALTY CLAUSE FOR NON PERFORMANCE, IF ANY (IF DIFFERENT FROM LD CLAUSE)
Upon failure of the contractor to comply with any instruction, within notice period, given in
accordance with provision of the contract to the entire satisfaction of EIC, the contractor shall
be liable to pay compensation/penalty at a rate ½ % (half percent) of the contract value for
every week limited to a maximum 5% (five percent) of the value of work order.
9. TAXES, DUTIES: GST (CGST & SGST/ UTGST or IGST)
9.1. Bidders are required to submit copy of the GST Registration Certificate while submitting
the bids wherever GST (CGST & SGST/UTGST or IGST) is applicable.
9.2. Quoted prices should be inclusive of all taxes and duties, except GST (CGST & SGST or IGST
or UTGST). Please note that the responsibility of payment of GST (CGST & SGST or IGST or
UTGST) lies with the Supplier of Goods / Services only. Supplier of Goods / Services (Service
Provider) providing taxable service shall issue an Invoice/ Bill, as the case may be as per
rules/ regulation of GST. Further, returns and details required to be filled under GST laws
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& rules should be timely filed by Supplier of Goods / Services (Service Provider) with
requisite details.
Payments to Service Provider for claiming GST (CGST & SGST/UTGST or IGST) amount will
be made provided the above formalities are fulfilled. Further,
GAIL may seek copies of challan and certificate from Chartered Accountant for deposit of
GST (CGST & SGST/UTGST or IGST) collected from Owner.
9.3. In case CBEC (Central Board of Excise and Customs)/ any equivalent Central agency/ State
Government agency brings to the notice of GAIL that the Supplier of Goods / Services
(Service Provider) has not remitted the amount towards GST (CGST & SGST/UTGST or IGST)
collected from GAIL to the government exchequer, then, that Supplier of Goods / Services
(Service Provider) shall be put under Holiday list of GAIL for period of six months as
mentioned in Procedure for Evaluation of Performance of Vendors/ Suppliers/Contractors/
Consultants.
9.4. In case of statutory variation in GST (CGST & SGST/UTGST or IGST), other than due to
change in turnover, payable on the contract value during contract period, the Supplier of
Goods / Services (Service Provider) shall submit a copy of the 'Government Notification' to
evidence the rate as applicable on the Bid due date and on the date of revision. Beyond
the contract period, in case GAIL is not entitled for input tax credit of GST (CGST &
SGST/UTGST or IGST), then any increase in the rate of GST (CGST & SGST/UTGST or IGST)
beyond the contractual delivery period shall be to Service Provider‘s account whereas any
decrease in the rate GST (CGST & SGST/UTGST or IGST) shall be passed on to the Owner.
Beyond the contract period, in case GAIL is entitled for input tax credit of GST (CGST &
SGST/UTGST or IGST), then statutory variation in applicable GST (CGST & SGST/UTGST or
IGST) on supply and on incidental services, shall be to GAIL‘s account. Claim for payment of
GST (CGST & SGST/UTGST or IGST)/ Statutory variation, should be raised within two [02]
months from the date of issue of 'Government Notification' for payment of differential (in
%) GST (CGST & SGST/UTGST or IGST), otherwise claim in respect of above shall not be
entertained for payment of arrears.
The base date for the purpose of applying statutory variation shall be the Bid Due Date.
9.5. Where the GAIL is entitled to avail the input tax credit of GST (CGST & SGST/UTGST or
IGST):‐
9.5.1. Owner/GAIL will reimburse the GST (CGST & SGST/UTGST or IGST) to the Supplier of
Goods / Services (Service Provider) at actuals against submission of Invoices as per
format specified in rules/ regulation of GST to enable Owner/GAIL to claim input tax
credit of GST (CGST & SGST/UTGST or IGST) paid. In case of any variation in the
executed quantities, the amount on which the GST (CGST & SGST/UTGST or IGST) is
applicable shall be modified in same proportion. Returns and details required to be
filled under GST laws & rules should be timely filed by supplier with requisite details.
9.5.2. The input tax credit of GST (CGST & SGST/UTGST or IGST) quoted shall be considered
for evaluation of bids, as per evaluation criteria of tender document.
9.6. Where the GAIL is not entitled to avail/take the full input tax credit of GST (CGST &
SGST/UTGST or IGST):‐
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9.6.1. Owner/GAIL will reimburse GST (CGST & SGST/UTGST or IGST) to the Supplier of
Goods / Services (Service Provider) at actuals against submission of Invoices as per
format specified in rules/ regulation of GST subject to the ceiling amount of GST (CGST
& SGST/UTGST or IGST) as quoted by the bidder, subject to any statutory variations,
except variations arising due to change in turnover. In case of any variation in the
executed quantities (If directed and/or certified by the Engineer‐In‐Charge) the ceiling
amount on which GST (CGST & SGST/UTGST or IGST) is applicable will be modified on
pro‐rata basis.
9.6.2. The bids will be evaluated based on total price including applicable GST (CGST &
SGST/UTGST or IGST).
9.7. GAIL will prefer to deal with registered supplier of goods/ services under GST. Therefore,
bidders are requested to get themselves registered under GST, it not registered yet.
However, in case any unregistered bidder is submitting their bid, their prices will be loaded
with applicable GST (CGST & SGST/UTGST or IGST) while evaluation of bid. Where GAIL is
entitled for input credit of GST (CGST & SGST/UTGST or IGST), the same will be considered
for evaluation of bid as per evaluation methodology of tender document.
9.8. In case GAIL is required to pay entire/certain portion of applicable GST (CGST &
SGST/UTGST or IGST) and remaining portion, if any, is to be deposited by Bidder directly as
per GST (CGST & SGST/UTGST or IGST) laws, entire applicable rate/amount of GST (CGST &
SGST/UTGST or IGST) to be indicated by bidder in the SOR.
Where GAIL has the obligation to discharge GST (CGST & SGST/UTGST or IGST) liability under
reverse charge mechanism and GAIL has paid or is /liable to pay GST (CGST & SGST/UTGST
or IGST) to the Government on which interest or penalties becomes payable as per GST laws
for any reason which is not attributable to GAIL or ITC with respect to such payments is not
available to GAIL for any reason which is not attributable to GAIL, then GAIL shall be entitled
to deduct/ setoff / recover such amounts against any amounts paid or payable by GAIL to
Contractor / Supplier.
9.9. Contractor shall ensure timely submission of invoice(s) as per rules/ regulations of GST with
all required supporting document(s) within a period specified in Contracts/ LOA to enable
GAIL to avail input tax credit. Further, returns and details required to be filled under GST
laws & rules should be timely filed by supplier with requisite details.
If input tax credit with respect to GST (CGST & SGST/UTGST or IGST) is not available to GAIL
for any reason which is not attributable to GAIL, then GAIL shall not be obligated or liable to
pay or reimburse GST (CGST & SGST/UTGST or IGST) charged in the invoice(s) and shall be
entitled to /deduct/ setoff /recover the such GST (CGST & SGST/UTGST or IGST UTGST)
thereupon together with all penalties and interest if any, against any amounts paid or
payable by GAIL to Supplier of Goods / Services.
9.10. Anti‐profiteering clause As per Clause 171 of GST Act it is mandatory to pass on the
benefit due to reduction in rate of tax or from input tax credit to the consumer by way of
commensurate reduction in prices. The Supplier of Goods / Services may note the above
and quote their prices accordingly.
9.11. In case the GST rating of vendor on the GST portal / Govt. official website is negative
/ black listed, then the bids may be rejected by GAIL. Further, in case rating of bidder is
negative / black listed after award award of work for supply of goods / services, then GAIL
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shall not be obligated or liable to pay or reimburse GST to such vendor and shall also be
entitled to deduct / recover such GST along with all penalties / interest, if any, incurred by
GAIL.
9.0 SCHEDULE OF RATES & QUANTUM OF JOBS:
9.1 The quantities shown in schedule of rates are tentative in nature and applicable for the total
contract validity period.
9.2 Payment shall be made only for the actual jobs carried out, duly certified by the EIC. GAIL
does not give any guarantee regarding quantum of jobs. The decision of “EIC” regarding
operating the schedule of quantities shall be final and binding to the contractor.
9.3 The rates quoted by the contractor shall remain firm throughout the period of the contract.
Schedule of rates shall be deemed to include and cover all costs, expenses and liabilities of
every description and all risks of every kind required to execute the work.
9.4 Contractor shall submit GSTIN (GST Registration Number) invoice with GAIL’s name and
GSTIN (GAIL GST Registration Number‐ 09AAACG1209J3ZS) mentioned on invoice , in
triplicate ,after completion of each site job along with Electronic Challan Cum Return (ECR)
/ Electronic Challan along with On Line Uploaded list of contract workers / members & copy
of valid comprehensive Insurance.
9.5 The owner reserves the right to interpolate or extrapolate the rates for any new items of
work not covered in schedule of rates, from the similar items already available in schedule
of rates. All the works, item wise, shall be measured upon completion and paid for, at the
rates quoted and accepted in the SOR. For any activity, which is not specifically covered in
the SOR description, but is covered under Special condition of contact /Scope of work
/Specification / Drawing etc., no extra claim shall be entertained, since SOR is to be read in
conjunction with other documents forming part of the tender.
9.6 All temporary and ancillary works including enabling works connected with the works shall
be the responsibility of the contractor and the price quoted in the SOR by them shall be
deemed to have included the cost of such works.
9.7 All payments shall be made through e‐banking‐ RTGS/NEFT.
10.0 JOINT MEASUREMENT OF WORK EXECUTED BILLING, INVOICE & PAYMENTS:
10.1 Site‐in‐charge/Site Engineer will check 100% measurement of executed work.
10.2 EIC will further check measurements at least 15% of executed value. In case Site‐
In‐charge/Site Engineer is not available; EIC will check 100% measurement of executed
work.
10.3 An officer one level above EIC but not below level of HOD will check measurement of 5%
bill value. In case HOD is EIC, then he will check measurements of 20% of bill value.
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11.0 SPECIFIC INSTRUCTIONS TO CARRY OUT THE JOB :
11.1 All jobs are to be carried out under “Permit system” on receipt of the intimation
from Site‐In‐Charge or Site Engineer. The contractor has to cross check for ensuring
availability of “Safety work permit” duly signed by Process/Safety Personnel with
mechanical Site‐In‐Charge or Site Engineer before starting the jobs. The contractor has to
comply with all safety requirements for the execution of the job, as per instructions of Plant
Safety Officer / "ENGINEER‐IN‐CHARGE". Contractor shall intimate the concerned S/I or site
engineer after completion of job. Further, any guidelines/ regulation/ penalty etc. with
regards to this clause notified by HR/ F&S/ Central agency of GAIL from time to time during
execution of contract shall be binding on the contractor.
11.2 The "Safety work permit” has to be returned back to the "EIC" or his representatives
after completion of the jobs.
11.3 The Contractor shall have to take adequate security measure for security of their
office, equipment, machinery, tool & tackles and material. In the case of theft or loss GAIL
will not be held responsible.
11.4 The technical details of the work shall be treated as of confidential nature and the
contractor should not pass them to any other organization/company/firm. Also contractor
shall not publish the technical details in any periodicals/books/seminars/conferences.
11.5 The contractor shall employ such workers who are above 18 years of age. All
personnel employed by the contractor shall have sound health, good character and
conduct. They shall be medically fit and fully competent to perform the work.
11.6 The contractor shall ensure that the employees/ workmen employed by him, shall,
at all times, be neatly and properly dressed in appropriate cotton uniforms embroidered
with company’s/agency’s name and shall be polite decent and courteous to all officers /
employees / workmen of GAIL and shall maintain high standard of discipline, decency and
decorum.
11.7 Contractor shall maintain first aid facility for his employees.
11.8 The personnel deployed for carrying out the jobs shall be technically sound in the
field as required by this contract. In case, the deployed personnel are technical unfit, violate
safety requirements, misconduct etc., contractor shall immediately replace the personnel
and deploy suitable personnel at site without any delay.
11.9 All tools and materials shall be brought by the contractor to the work site through
covering note to be submitted in three copies. One copy of the covering note shall be
delivered to the security staff one copy to the EIC and the third copy shall be retained by
the contractor after Verification by the security staff at the factory gate.
11.10 Normally the work shall be carried out on working days. But due to the exigencies,
it may so happen that work may be required to be taken up Sunday, holiday or Second
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Saturday, in night, which will be treated at par with normal working days. No emergency
charges/overtime shall be paid for providing services on above occasions.
11.11 Contractor has to provide cotton cloth uniform with specific colour to his workmen
along with safety shoes and helmet. The use of uniform protective clothing is a must for
each workman and supervisor working on the roll of the contractor.
11.12 The workforce deployed by the contractor must have required experience and
certification etc. All personnel, deployed at site by the contractor, shall be familiar with the
working culture and standards, safety norms prevailing in petrochemical / chemical
processing plants.
11.13 Safety compliance: Before starting the job contractor must submit the total
employees list and availability of PPEs at the site to F&S department. The personnel to be
deputed by the contractor shall observe all security fire and safety rules of GAIL. While at
the site his work will be monitored by GAIL engineers and contractors has to strictly adhere
to their instructions. The contractor personnel should not be in possession of any
inflammable materials like Match Box. Lighters etc. which is hazardous to plant operation.
11.14 Entry Passes :
A. The Contractor has to apply for photo entry passes for his workers & staff in a prescribed
Performa available with GAIL. The photo entry passes shall be issued by the GAIL for a
maximum period of 3 months and if extension is required by the Contractor, he has to
apply separately for extension. As a special case temporary passes for a maximum period
of 15 days may be issued.
B. Unutilized/Expired entry passes shall have to be returned immediately to GAIL.
C. In case of loss of any entry pass, the Contractor has to lodge FIR with local police station
and inform the Engineer‐in‐Charge and shall have to pay prescribed fee against each
entry pass. The Contractor is required to keep track of all entry passes issued and
returned.
D. Identity card issued by the Security Section should always be carried/ displayed by the
Contractor’s employee or person while working inside the Plant.
11.15 Gate Passes
To bring materials/equipments/ tools etc. inside the plant for site work, the Contractor
has to produce challan/proper documents to the GAIL/CISF Security personnel at gate.
The materials shall be checked thoroughly by the GAIL/CISF Security personnel at Gate
and recorded in their register before allowing any material to bring inside the plant by
Contractor. It is Contractor’s responsibility to see that the recorded entry No., date,
signature of owner’s authorized representative with stamp challans/supporting
documents signed by company’s personnel at gate during entry.
12.0 CLEARANCE OF SITE:
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12.1 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.
12.2 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 expenses of the
contractor remove such, surplus materials and rubbish and disposal 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.
13.0 CARE OF WORKERS:
From the commencement to completion of the work, the contractor shall take full
responsibility for the care for all workers including all temporary workers .In case any
damages, loss or injury shall happen to the workers same will be bear by the contractor.
14.0 STANDARD CONDITIONS RELATED TO LABOUR/ INDUSTRIAL LAWS
Annexure‐II
STANDARD CONDITIONS OF SCC: PART II
The Contractor has to fully comply with all applicable Labour Laws and Regulations passed,
modified and notified from time to time by the Central, State and Local Government
agencies/authorities. Specific attention of the Contractor is drawn to the following obligations
amongst others:
1. The Minimum Wages Act, 1948, Payment of Wages Act, 1936 and Payment of Bonus Act
1965 or The Code on Wages, 2019 (after it comes into force)
a. During the tenure of the contract, the Contractor must ensure the payment of minimum wages,
as notified by the Central Government or State Government whichever is higher, as per the
provisions of the Minimum Wages Act, 1948 / Code on Wages, 2019 (after it comes into force).
b. Wage period and monthly wages: Wage period shall be monthly and wages for a month shall
be calculated by multiplying daily rate of Minimum Wages by 26. The monthly wages include
the wages of the weekly days of rest as applicable to the office/establishment of GAIL.
Deduction in case of any days of absence other than weekly days of rest shall be calculated
using the following formula:
However, in case the resource has worked for less than 7 working days in a particular month,
the payment of wages is to be made as per the actual number of days worked based on
notified wage rate per day.
The Contractor shall disburse monthly wages through e-banking / digital mode through
cashless transaction only, and avoid illegitimate deductions and maintain records /returns as
prescribed. The Contractor shall be solely responsible for the payment of wages and other dues
to the resources, if any, deployed by him latest by 7th day of the subsequent month as per the
provisions of the Payment of Wages Act, 1936 / as applicable under Code on Wages, 2019
(after it comes into force) in the presence of Engineer In-charge (EIC) or authorized
representative of GAIL. After disbursement of wages, the representative of the Contractor and
EIC/ authorised representative of GAIL have to certify the payment of wages to the resources
and sign the Wage Register - Form B (under The Ease of Compliance to Maintain Registers
under various Labour Laws Rules, 2017) / FORM-I of Code on Wages, 2019 (after it comes
into force) with specific seal detailing name/designation/Company.
Contractor shall ensure payment of bonus as per the provisions of the Payment of Bonus Act,
1965 / Code on Wages, 2019 (after it comes into force). Present minimum rate of payment of
Bonus as per the Payment of Bonus Act, 1965 is 8.33% of minimum wages per month or
8.33% of Rs.7,000/- per month whichever is higher. The rate shall be subject to amendments
made from time to time to the legislation.
Payment of Bonus / ex-gratia (if Bonus is not applicable) shall be made preferably before
Deepawali festival falling after the end of relevant financial year(s) and the balance payment at
the time of closure of contract.
The Contractor shall comply with all the applicable leave Rules including leave with wages in
terms of applicable labour legislations i.e. Factories Act, 1948 / Shops & Establishment Act/
Industrial Establishment (national & festival holidays, casual & sick leave) Act, 1965.
The Contractor shall extend the leave with wages and maintain the Register of Leave pertaining
to the resource deployed. The payment towards un-availed leave, as per the Factories Act, 1948
/ Shops & Establishment Act, shall be settled with the resource at the time of closure of the
contract or separation of resource from the contract by the contractor.
i. As per the Factories Act, 1948 (if applicable):-Annual Leave with Wages @ 01 day for every
20 days of work performed by him in the previous calendar year becomes due.
ii. As per the Shops & Establishment Act (if applicable) : Privilege Leave not less than 15 days
and Sickness/Casual Leave not less than 12 days ( this provision may vary from state to state).
iii. As per the Uttar Pradesh Industrial Establishment (national holidays) Act, 1961: Three
national holidays of one whole day each on the 26th January, 15th August and 2nd October.
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a) The Contractor shall have independent PF code no. with the RPFC as required under the
Employees’ PF & Misc. Provisions Act, 1952.
b) The Contractor has to ensure compliance (as per prevailing rates) and extend benefits under the
Employees’ Provident Fund Scheme 1952, the Employees’ Pension Scheme 1995 & the
Employees’ Deposit Linked Insurance Scheme, 1976 to the resources deployed by him.
c) The Contractor is required to submit copies of separate e-Challans / ECR alongwith proof of
payment/receipt in respect of resources engaged through this contract only, on monthly basis.
Common challans would not be acceptable in GAIL. The Contractor should submit copies of
previous months EPF e-Challans / ECR alongwith current month’s bill. The TRRN. No. of the
ECR would be verified online from EPFO portal by the Engineer-in-charge to confirm the status
of payment and names of the resources deployed.
e) In case, the Contractor deploys any “International Worker”, the Contractor should also make
compliance under para 83 of EPF Scheme, 1952 i.r.o the “International Workers” and must
register on the International Worker Portal of EPFO.
4. The Employees’ State Insurance Act, 1948 (If applicable and as per prevailing rates)
a) The Contractor shall have his own ESI code No. allotted by Employees’ State Insurance
Corporation (ESIC) as required under the Employees’ State Insurance Act, 1948.
b) The Contractor has to arrange Smart Cards (i.e. ESI Identity Card) /e-Pehchan Card for
the resource(s) engaged by him from the Corporation.
In case, the work place is out of the notified coverage area under ESIC i.e. ESIC is not
implemented in the area or in case of excluded employees under ESIC, the Contractor is
required to take Employee Compensation / Workmen Compensation Policy from IRDAI
approved Insurance Company taking into consideration the maximum compensation liability
as per provisions of Employees’ Compensation Act, 1923. It must be ensured that the
contractor/contracting firm should extend coverage to the contract workers through Employee
Compensation Policy, to meet the Compensation Liability under Employee’s Compensation
Act, 1923 along with Medi-claim Floater Policy with a coverage of Rs. 3 lakhs per resource
covering his/her spouse and two children.
The Contractor is required to take a Group Personal Accident Insurance Policy with coverage
of Rs. 5 Lakhs (covering death, permanent disability + partial disability) per resource for
the entire period of contract covering all resources deployed under the contract.
In case of Death or permanent disablement of a resource during execution of work under the
contract, the Contractor has to pay the Gratuity as per the provision under the Payment of
Gratuity Act, 1972 to the nominee(s) of the resource as per the details maintained in the duly
signed Nomination Form maintained by the Contractor. The proof of disbursement may be
submitted to the EIC for claiming reimbursement of amount paid towards death Gratuity from
GAIL.
a) The Contractor is required to obtain Labour license under the provisions of the Contract Labour
(R&A) Act, 1970 from the office of Licensing Officer, Central Labour Authority, Ministry of
Labour and Employment, Govt. of India having jurisdiction of the Region.
b) The Contractor shall discharge obligations as provided under the Contract Labour (R&A) Act,
1970 rules and regulations framed under the same and enforced from time to time.
c) The Contractor shall ensure regular and effective supervision and control over the resources
deployed for which a supervisor / representative of the Contractor should be available at all the
times for giving suitable direction for undertaking the Contractual Obligations.
d) The Contractor is solely responsible for payment of wages to each resource deployed by him and
such wages shall be paid before the expiry of such period as may be prescribed.
e) It shall be the duty of the Contractor to ensure the disbursement of wages to resource(s) through
e-banking/digital mode. In case the resource does not have a bank account, the disbursement of
wages may be made in cash in the presence of the Engineer-in-charge / authorized representative
of GAIL initially and Contractor shall simultaneously arrange for opening the bank account of
each contract labour deployed by him.
f) In case, the Contractor fails to make payment of wages and deposit of PF contribution within the
prescribed period or makes short payment of wages / short deposit of PF contribution, it shall be
treated as FAILURE and action as per the provision of General Condition of Contract shall be
taken. Further GAIL, as Principal Employer, will make payment of wages in full or the unpaid
balance due, as the case may be, to the resource(s) deployed by the Contractor and deposit the
PF contribution with PF authorities. Such amounts will be recovered from the Contractor either
by deduction from any amount payable to the Contractor under any contract or as a debt payable
by the Contractor.
9. The contractor is required to comply with all applicable labour laws and regulations including,
but not limited to the following:
a) The Factories Act, 1948 / The Shops & Establishment Act, 1948 (which ever applicable)
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2. The Contractor shall indemnify GAIL against all losses or damages, if any, caused to it on
account of acts of the resource(s) deployed by him.
3. The Contractor shall indemnify GAIL from all claims, demands, actions, cost and charges etc.
brought by any court, competent authority / statutory authorities against GAIL.
4. The Contractor shall also indemnify GAIL for any action brought against him for violation, non-
compliance of any act, rules & regulation of center / state / local statutory authorities.
5. All resources deployed by the Contractor are deemed to be on the rolls of the Contractor.
6. Age: No resource below the age of 18 years shall be deployed by the contractor for execution of
the contract. Maximum age of contract workers deployed under the contract(s) would be 60
years. (In case of Security and Fire & Safety Services, no resource below the age of 18 years
shall be deployed by the contractor for the execution of the contract. However, in view of nature
of business operation and nature of duty, for efficacy and efficiency purpose, resources will be
deployed up to the age of 58 years. However, the age limit can be relaxed for a further period of
(02) years up to the age of 60 years if the contract worker is competent, efficient and medically
fit i.e. physically fit with good health, good eye sight without any disease. The contractor has to
produce medical Fitness Certificate, to this effect, against such contract workers if deployed
beyond 58 years.)
7. Appointment/Nomination of supervisor:
As a part of the contract, the Contractor is required to appoint/nominate a supervisor (s) who
will supervise, control and give directions to the resource(s) for discharging the contractual
obligations. Accordingly, the Contractor has to give in writing the name and contact details of
the supervisor (s) to the EIC. A copy of the same is also to be sent to HR In-charge and
Security In-charge for records.
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8. A copy of the Letter of Acceptance (LOA) should be submitted to the Security Department by
the Contractor / his representative or supervisor for facilitating the movement of resource(s)
including machine & materials involved in the contract.
9. The resources to be deputed/ deployed by the Contractor shall observe all security, fire and safety
rules of GAIL while at the site/work. All existing and amended safety / fire rules of GAIL are to
be followed at the work site by the Contractor and his deployed resource(s).
10. Personal Protective Equipment / Safety Kit and Liveries: Contractor shall ensure adequate
supply of personal protective equipment / Safety Kit and Liveries as mentioned in the Scope of
Work to all such resources deployed.
11. In case of accident, injury or death caused to the resource(s) while executing the Work under the
contract, the Contractor shall be solely responsible for payment of adequate compensation,
insurance money etc. to the next kith & kin of injured / diseased. Contractor shall indemnify
GAIL from such liabilities.
12. The Contractor shall not deploy any resource suffering from any contagious or infectious disease.
The Contractor shall get the deployed resource(s) examined from a civil Govt. Doctor / GAIL’s
Doctor.
14. While engaging / deploying the resources, the Contractor is required to make efforts to provide
opportunity of employment to resources belonging to Schedule Caste, Schedule Tribe and
Other Backward Class in order to have a fair representation of these sections of the society.
15. While engaging the resources, the Contractor is required to make efforts to provide an
opportunity to candidates with experience of apprentice training in GAIL under the
provisions of the Apprentices Act, 1961.
16. The Contractor is required to maintain all Registers and other records in an office within the
premises of GAIL or at a place within a radius of three kilometers.
17. Contractor shall provide proper Employment cards (FORM XII) for the resource to be
deployed by him, duly signed by the Contractor or authorized person on behalf of Contractor.
19. The Contractor shall issue Identity cards in his firm’s name to the resource deployed.
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20. Discipline of the resource(s) during discharge of duties must be regulated by the Contractor
himself or by his representative.
22. While confirming to any of these conditions, the Contractor must ensure that all applicable
Laws of State regarding labour, their welfare, conduct etc. are complied.
23. The contractor shall ensure the KYC of contract workers in EPFO portal at all time during the
period of contract and submit of proof of the same to the Engineer-In-Charge periodically.
24. The contractor shall ensure that the nomination of contract workers deployed by him under the
said contract is duly updated in EPFO Portal periodically.
Annexure‐ IV
STANDARD CONDITIONS OF SCC: PART IV
1. Pradhan Mantri Suraksha Bima Yojna (PMSBY) and Pradhan Mantri Jeevan Jyoti Bima
Yojna (PMJJBY)
Contractor shall, ensure that all its resources deployed under thr contract have obtained
additional insurance coverage under the Pradhan Mantri Suraksha Bima Yojana (PMSBY) and
Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) through the participating banks and
submit the proof of such insurance coverage to the satisfaction of GAIL. The Contractor shall
submit evidence / proof to GAIL in this respect. Both the schemes are to be regulated
continuously on yearly basis and the same should be renewed on each successive relevant date
in subsequent years during the period of the contract.
The Unified Shram Suvidha Protal, developed by Government of India, facilitates reporting of
Inspections & submission of Returns and has also been envisaged as a single point of contact
between employer, resources and enforcement agencies bringing in transparency in their day-
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to-day interactions. For integration of data among various enforcement Agencies, the
Contractor, as an inspectable unit, is required to register and obtain Labour Identification
Number (i.e. LIN) from Shram Suvidha Portal and submit the same in GAIL.
3. Pradhan Mantri Rojgar Protsahan Yojna (PMRPY)/ Aatmanirbhar Bharat Rojgar Yojna
(ABRY)/ Pradhan Mantri Garib Kalyan Yojna – if applicable
In order to support the Govt. of India’s Initiative on Employment Generation, the Contractor
must register for Pradhan Mantri Rojgar Protsahan Yojna (PMRPY) Scheme / Aatmanirbhar
Bharat Rojgar Yojna(ABRY) / Pradhan Mantri Garib Kalyan Yojna (as applicable).
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Annexure‐V
STANDARD CONDITIONS OF SCC: PART V
Records and Registers
The Contractor is required to maintain statutory records and registers for applicable labour
laws as prescribed under the following rules:
a) Ease of Compliance to Maintain Registers under the various Labour Laws, 2017
b) Rationalization of Forms and Reports under Certain Labour Laws Rules, 2017
c) Labour Codes (after they are made effective by Government of India)
2. The Contractor has to maintain the following (but not limited to) Registers/ Forms/ Reports /
Returns at all times:
a) Employee Register in FORM A ( to be replaced by FORM – IV of Code on Wages-2019
after it comes into force)
b) Wage Register in FORM B ( to be replaced by Register of Wages, Overtime, Fine,
Deduction for damage and Loss in FORM – I of Code on Wages-2019 after it comes into
force)
c) Register of Loan / Recoveries in FORM C
d) Attendance Register in FORM D
e) Register of rest/leave/leave wages in FORM E
f) Copies of Wage Slips in FORM XIX ( to be replaced by FORM – V of Code on Wages-
2019, after it comes into force)
g) Copies of Employment Card in FORM XII
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b) At the time of submission of monthly bills
i. Indemnity Bond of Rs. 100/- duly notarized from Notary indemnifying GAIL from all
liabilities w.r.t. the resource engaged by the Contractor regarding payment of wages,
Provident Fund/ESI contributions, Insurance and other statutory payments. Format for
Indemnity Bond is enclosed at Annexure- ii.
ii. Copy of the Wage Register in FORM – B ( to be replaced by FORM-I of Code on
Wages-2019 after it comes into force) for the last month.
iii. Copies of Service Certificates issue to resource in FORM VIII
iv. Copy of the ECR related to EPF and ESIC Compliance in respect of Resource.
v. Details as required for issuance of FORM - VII (Notice of Completion of Work)
vi. Copies of FORM-C & FORM –D under the Payment of Bonus Act 1965 as proof of
payment towards Bonus.
vii. Copy of proof towards release of Leave Encashment
viii. Copies of No Dues Certificate from contract workers stating they have received all
statutory payments and social benefits.
ix. Proof towards PF KYC compliance of contract workers.
x. Proof of deposit of total Cess under The Building and other Construction Workers’
Welfare Cess Act, 1996 (if applicable) with final assessment from respective Cess
Collector (s).
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4. Verifications of bills and documents submitted by the Contractor
Before certifying/verifying the running/ final bill/invoice of the Contractor, the designated
EIC of the respective contract of GAIL, shall verify from the ECRs of PF/ESI, through
respective web portals, the detail/status of the payment made by the Contractor. In case the
information furnished by the Contractor is found to be incorrect, GAIL shall take appropriate
action against the Contractor under relevant conditions as available in the tender document.
Annexure-i
Details in support of RA Bill for the Month of _____, 20__
(14) Copy of Wage Register in FORM – B ( to be replaced by FORM-I as per Code on Wages-
2019, after it comes into force)
(15) Details of deposit of contribution towards EPF:
a) EPF Challan No. _______________Amount ________________ Date____________
(16) Details of Deposition of contribution towards ESI
a) ESI Challan No. ____________Amount _____________ Date ______________
(17) Whether any arrangement / agreement has been entered with any resource for extending
benefits under Inter-state Migrant Workmen (RE&CS) Act, 1979: ____ (Yes / No)
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If Yes, No. of such Inter-state Migrant Workers: ______________
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Annexure-ii
INDEMNITY BOND
The undersigned has full power to execute this Indemnity Bond on behalf of the
CONTRACTOR and the same stands valid.
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Annexure- iii
UNDERTAKING
(To be submitted along with un-priced bid)
I/We hereby undertake that I/We have completely understood the terms & conditions of the
Tender including minimum resources required to be deployed and the cost involved thereof in
deployment of resources.
I/We further undertake to ensure all compliances of the tender conditions. Any non-compliance
may be construed as deficiency in the performance of the contract. If such non-compliance is
noticed GAIL/owner is at liberty to take action in line with the tender conditions including
termination of the contract.
Signature of Bidder…………………….
Name of Bidder……………………
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Annexure - iv
Summary of Insurance Policies
Contractor is required to cover all resources deployed by him with the following insurances /
schemes:
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Sl. SCHEME APPLICABILITY PREMIUM/ SUM REMARKS
No. CONTRIBUTION ASSURED/
BENEFITS
1 The Applicable to all 3.25% of wages by Benefits under
Employees’ resources of the employer the Employees’
State Insurance Contractor (within 0.75% of wages by State Insurance
Act, 1948 ESI wage limit) employees Act, 1948.
working in notified
area.
2 The Applicable to Premium to be Maximum Provides
Employees’ excluded employees calculated Compensation compensation
Compensation under ESI and those considering wage Liability under and medical
Act, 1923 (in who are working in limit under EC Act, Employee’s facility to
lieu of ESI – non-notified area to 1923 (i.e. Rs. Compensation resources.
mentioned at Sl. extend similar 15,000/- p.m Act, 1923 along
1) benefits as available currently) with a
under ESI Act, Mediclaim
1948 Floater Policy
with a
coverage of Rs.
3 lakhs per
resource
covering
his/her spouse
and two
children
3 Group personal Applicable to all Based on the Insured value: Death,
Accident resources of the coverage Rs. 5 Lakh to permanent
Insurance Contractor cover expenses disablement,
associated with temporary
any accident. total
disability or
any other
medical
expenses
related to
accident.
4 Pradhan Matri Eligibility – age Rs. 12/- per annum Accidental death and permanent
Suraksha Bima group 18 to 70 disability:
Yojana years (i) Permanent total disability –
(PMSBY) Rs. 2 lakhs.
(ii) Permanent partial disability
– Rs. 1 Lakh.
5 Pradhan Mantri Eligibility – age Rs. 330/- per Risk coverage – Rs. 2 Lakhs- in
Jeevan Jyoti group 18 to 50 annum. case of death due to any reason
Bima years. (can continue
Yojana(PMJJB) upto 55 years)
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15.0 THE SUCCESSFUL BIDDER SHALL SUBMIT “OCCUPATIONAL HEALTH CHECKUP (OHC)
CERTIFICATE” OF LABOURS AT THE TIME OF DEPLOYMENT.
16.0 SAFETY, SECURITY RELATED CLAUSES:
16.1 Contractor shall provide safety gears such as Helmet, Safety shoes, Cotton Uniform
(Dungaree), cotton gloves etc. Contractor shall provide two sets of Cotton Uniform, Two
pair cotton socks and one pair Safety shoes per person every year to all his employees at
his own cost during the contract. No technician, helper will be allowed on duty without
wearing the uniform and necessary safety wears. If contractor fails to provide safety gears,
then GAIL shall provide all these items and shall deduct cost of such items from running
bills of contractor. However, special safety gears will be provided by GAIL. Contractor will
be responsible for accounting of the same. The specification of PPEs is mentioned below
for maintaining the quality. Minimum 10Nos. of safety belts are to be maintained as per
specification mentioned below by the contractor at site, to all the personnel deployed for
the job execution. Further, any guidelines/ regulation/ penalty etc. with regards to this
clause notified by HR/ F&S/ Central agency of GAIL from time to time during execution of
contract shall be binding on the contractor.
Sl. No. SPECIFICATION OF SAFETY HELMET
1 Industrial safety helmet manufactured from high quality, high impact, heat &
chemical resistant HDPE material designed to take on clip on accessories like face
shields, ear defenders and welding visors without the need for drilling on the
helmet. This helmet shall be made with or without fluorescent radium pigment so
that the helmet glows in the dark.
2 Marking: The helmet shall be having IS: 2925‐1984 mark on the shell and head
band and DGMS &CE approval mark on shell.
Sl. No. Specification of Industrial Safety Shoes
1 Light weight high quality industrial safety shoes made from black colour mammal
leather with grain finish and shall be necessarily either IS marked or ENS approved
and confirming to following specifications.
2 TYPE: Safety shoe having four eyelets suitable for use in industries, should be safe,
elegant and comfortable in wearing in different sizes.
3 COLLAR: foam padding shall be provided around the collar with high quality
filament mat (fiber reinforced thermoplastic resin) for greater comport.
4 STEEL TOE CAP: ISI marked bearing no. IS 5859 or EN 345 mark with finish as per
the size of shoe. Certificate shall be sent along with offer.
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5 SOLE: Made of black colored dual density PU (polyurethane) chemical to make
shoes, durable, flexible and light in weight. Sole shall be Nonskid antistatic having
acid & alkali resistant, shock absorbent, heat resistant, water and oil resistance as
per IS / International standard. Certificate must be enclosed in this regard along
with offer for technical scrutiny.
Sl. No. SPECIFICATION OF SAFETY BELT
1 Safety belt Full body harness shall be with double polyamide rope lanyards.
2 Safety full body harness shall be of Polyamide webbing in two colors made of
adjustable 45mm + 2mm polyamide shoulder, thigh seat, and chest and waist straps.
3 The safety harness shall be provided with adjustable buckles in high strength zinc
plated steel, 2 chest attachment D‐Ring and a dorsal attachment D‐Rings with ID
plates.
Sl. SPECIFICATION OF COTTON UNIFORM
No.
1 The cotton uniform and cotton Shocks shall be 100 % pure cotton.
16.2 Special safety equipment like breathing apparatus, gas masks etc. shall be provided by
GAIL. Eyes’ protection kits will also be provided by GAIL, whenever required. Contractor
will be responsible for accounting of the same.
16.3 Contractor shall maintain first aid facility for his employees, however first aid
available with GAIL will be provided by GAIL if available. Remaining expenditure towards
treatment of contractor’s employee will be borne by contractor.
16.4 All the employee of contractor should observe the security and safety related rules and
regulations introduced from time to time by GAIL, Pata management.
17.0 PENALTY CLAUSE FOR SAFETY VIOLATION:
All the employees of contractor shall follow the safety rules and regulations introduced
from time to time by GAIL, Pata management. Repeated violation of safety rules &
regulation by the contractor shall attract penalty as per details below:‐
17.1 For first time violation of safety rules & regulation by contractor, Engineer‐In‐Charge (EIC)
will issue a warning letter to contractor.
17.2 In case of second time violation of safety rules & regulations by the contractor, punitive fine
will be imposed on contractor as below:
(i) Rs. 1000/‐ penalty per incidence per person for PPE related violation.
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(ii) Rs. 5000/‐ penalty per incidence for violation of safety work permit system.
The decision of the EIC in regard to applicability of Penalty for Safety violation shall be final
and binding on the Contractor.
18.0 TERMINATION:
20.1 Termination of contract or part of it shall be dealt as per clause 29.0 & 32 of GCC.
20.2 Termination of contract for Non‐compliance of statutory requirements shall also be dealt as
per clause 29.0 of GCC.
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SECTION VII
SCHEDULE OF RATES
(SOR)
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SL. NO. DESCRIPTION UNIT QTY TOTAL AMOUNT (Rs.)
Lumpsum charges for Inspection, BIDDER TO NOTE THAT FOR ALL LINE ITEMS,
testing and Mechanical assistance BIDDER SHOULD QUOTE ONLY LUMPSUM VALUE ON
1 of Storage Tanks GEM (AND NOT UNIT VALUE)
Lumpsum charges for Inspection, Example : If bidder wants to quote unit rate including GST for
testing and Mechanical assistance Inspection, testing and Mechanical assistance of Storage Tanks
of Storage Tanks for Nominal for Nominal Capacity - Up to 150 m3 is Rs 100, BIDDER
1.1 LS 9
Capacity - Up to 150 m3 SHOULD ENTER RS 900 ON GEM PORTAL
(For more details please refer
Section-1 of Scope of work)
Lumpsum charges for Inspection, Example : If bidder wants to quote unit rate including GST for
testing and Mechanical assistance Inspection, testing and Mechanical assistance of Storage Tanks
of Storage Tanks for Nominal for Nominal Capacity - 151 m3 to 300 m3 is Rs 100, BIDDER
1.2 LS 3
Capacity - 151 m3 to 300 m3 SHOULD ENTER RS 300 ON GEM PORTAL
(For more details please refer
Section-1 of Scope of work)
Lumpsum charges for Inspection, Example : If bidder wants to quote unit rate including GST for
testing and Mechanical assistance Inspection, testing and Mechanical assistance of Storage Tanks
of Storage Tanks for Nominal for Nominal Capacity - 301 m3 to 700 m3 is Rs 100, BIDDER
1.3 LS 3
Capacity - 301 m3 to 700 m3 SHOULD ENTER RS 300 ON GEM PORTAL
(For more details please refer
Section-1 of Scope of work)
Lumpsum charges for Inspection, Example : If bidder wants to quote unit rate including GST for
testing and Mechanical assistance Inspection, testing and Mechanical assistance of Storage Tanks
of Storage Tanks for Nominal for Nominal Capacity - 701 m3 to 900 m3 is Rs 100, BIDDER
1.4 LS 7
Capacity - 701 m3 to 900 m3 SHOULD ENTER RS 700 ON GEM PORTAL
(For more details please refer
Section-1 of Scope of work)
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API 653 certified inspector Example : If bidder wants to quote unit rate including GST for
services at GAIL Pata site as per API 653 certified inspector services is Rs 100, BIDDER
2 instruction of Engineer-in-charge MAD 20 SHOULD ENTER RS 2000 ON GEM PORTAL
(For more details please refer
Section-2 of Scope of work)
Note :-
1. The total quoted amount by bidder shall be divided with total quantity against each SOR line item, in order to derive the
quoted unit rate as per Scope of Work mentioned in tender.
2. The unit rate thus derived shall be used for payment purpose on execution basis.
3. The Bidder undertakes that they have completely understood both financial and non-financial implications towards the
statutory and non-statutory components involved in deployment of resources as per the tender document including Scope of
work and Special Conditions of Contract (SCC) and including following:
4. The Bidder's quoted amount obtained shall be for complete Scope of Work and other terms and conditions mentioned in the
tender document and its amendment (if any)
5. BIDDER CONFIRMS THAT IF BIDDER FAILS TO FILL SOR CORRECTLY, NECESSARY ACTION MAY BE
TAKEN AS PER GEM PROCEDURE
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