Documente Academic
Documente Profesional
Documente Cultură
-206241 (..)
PATA - PETROCHEMICALS
PO-PATA, DIST.- AURAIYA
PIN-206241 (U.P.)
()
( )
/FAX: +91-5683-282446
:
, 16
-110066,
REGD. OFFICE:
GAIL BHAWAN, 16, BHIKAIJI CAMA PLACE
NEW DELHI-110 066, INDIA
/CIN
L40200DL1984GOI018976
www.gailonline.com
CONTENTS
SECTION NO.
I.
II.
III.
DESCRIPTIONS
INVITATION FOR BID (IFB)
BID EVALUATION CRITERIA (BEC)
INSTRUCTIONS TO BIDDERS (ITB)
ANNEXURE-I (ITB FOR PARTICIPATION IN ETENDER)
ANNEXURE-II (GENERAL ITB)
ANNEXURE-III (PROCEDURE FOR EVALUATION
OF PERFORMANCE OF VENDORS/ SUPPLIERS/
CONTRACTORS/ CONSULTANTS)
IV.
V.
VII.
Page 2 of 94
SECTION I
INVITATION FOR BID (IFB)
Page 3 of 94
03.12.2015
To,
(A)
ITEM/SCOPE OF SUPPLY:
(B)
TENDER NO.:
(C)
MODE OF TENDERING:
(D)
(E)
DELIVERY SCHEDULE:
Page 4 of 94
(F)
PAYMENT TERMS:
(G)
GUARANTEE/WARRANTY:
(H)
PRICE REDUCTION
SCHEDULE(PRS):
(I)
(J)
(K)
(L)
(M)
(N)
BID EVALUATION
CRITERIA (BEC)
(O)
REJECTION CRITERIA
(P)
ALTERNATE CONTACT
PERSON(S)
2.
Complete Tender Document and Schedule of Rates are available on GAILs/Govt. website
and same can be downloaded from GAILs website https://etender.gail.co.in (as a guest
user) or http://gailtenders.in OR http://tenders.gov.in or CPP Portal
(http://eprocure.gov.in). Bidder is requested to down load the same and quote their prices
strictly as per the format without altering the content of it.
Corrigendum(s)/Amendment(s) and Record Notes of pre-bid discussions, if any, shall
also be available on the referred web sites, and its bidder(s) responsibility to check
website regularly.
Page 5 of 94
3.
4.
Bids complete in all respect should be uploaded on the GAILs portal online on or before
the bid due date and time.
5.
a)
The Bidder(s) or his official representative, are invited to attend a pre-bid meeting on date,
time and venue specified above. The person should carry authorization letter and valid
Photo ID proof.
b)
c)
Corrigendum(s) and Record Notes of pre-bid discussions, if any, shall also be available on
the referred web sites and its bidder(s) responsibility to check website regularly for such
updates.
d)
This being an e-Tender process, a Session will also be arranged for bidders to demonstrate
the e-Tendering system to facilitate bidders to submit the Bid Online.
e)
Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder.
6.
SUBMISSION OF BIDS:
Any bidder who meets BEC, Techno-commercial requirement of tender document
and wishes to quote against this Tender may download the complete Tender
Documents & its Corrigendum/Addenda (if any) from GAIL's website
http://gailtenders.in; or "e-Tendering" portal at https://etender.gail.co.in (log in as
guest user) & CPP Portal (http://eprocure.gov.in).
Bids are to be uploaded / submitted online in GAILs e-tendering System
(https://etender.gail.co.in) only. Bidder shall submit the Prices as well as the Un-Priced
Documents as mentioned hereunder through our e-tendering portal only.
Bids submitted in any other form, such as courier (containing documents in physical form)
/ post / in-person / fax / e-mail/telegram / telex/CD/DVD/documents in pen drive etc. shall
not be accepted against this Tender. The "Un-Priced Bid" and "Price Bid" shall contain the
documents in the manner specified below:
PART-I: UN-PRICED/TECHNO-COMMERCIAL BID
Page 6 of 94
7.
EARNEST MONEY DEPOSIT (EMD)/BID SECURITY: (refer clause no. 16.0 of ITB)
The Earnest Money Deposit (EMD) for the amount as mentioned above shall be submitted in
the form of crossed Bank Demand Draft/Bankers Cheque drawn on any
Nationalized/Scheduled bank in favour of GAIL (India) Limited, payable at State Bank of
India, Pata (Branch Code 1937), Auraiya (U.P.) or through letter of credit. Alternatively,
Earnest Money deposit may also be submitted through Bank Guarantee from any Indian
Scheduled Bank or a branch of an International Bank situated in India and registered with
Reserve Bank of India as scheduled foreign bank in the proforma attached with the Tender
Document. However, other than the Nationalized Indian Banks, the banks whose BGs are
furnished must be commercial banks having net worth in excess of Rs. 100 crores and a
declaration to this effect should be made by such commercial bank either in the bank
guarantee itself or separately on a letter head.
Validity of EMD/BG shall be minimum 2 months beyond the validity of the offer. In event
of non-availability of copy of EMD in bid (Bid => Technical Document => EMD Folder),
such bids may not be considered/opened.
For the information of the bidders the list of Local Banks presently operating in
Dibiyapur, Pin Code - 206241 (near to GAIL, Petrochemical Complex at Pata) is
given below:
Page 7 of 94
1.
2.
3.
4.
5.
6.
7.
8.
9.
8.
GAIL (India) Limited assumes no responsibility for inability of a bidder to submit bids
through GAIL's "e-Tendering" system on account of delay in submission at bidder's end.
Bidder shall ensure that they submit the bid well before the "Due Date & Time of BidSubmission". GAIL shall not be responsible if bidder is not able to submit the bid on account
of failure in network / internet connection at bidder's end. Bidder shall obtain a "Digital
Certificate [Class-3B]" on their own and GAIL (India) Limited will be not at all responsible
for a bidder not having acquired the valid "Class-3 / 3B Digital Certificate". For necessary
security setting in PC and detailed instruction regarding e-tendering process, please refer to
Annexure-I Instructions to Bidders (ITB) for participation in E-Procurement" of this
tender document and Ready Reckoner and FAQs (available on GAILs e-portal) for
further details.
9.
Bidders are also required to upload the above documents while submitting the bid
electronically. The above document(s) must be sent in a sealed envelope super scribing as
Original
EMD
&
Documents
against
Tender
Reference
No.
GAIL/PA15/58974/8000008813/TB [E-Tender Bid Invitation No.:- 8000008813]
so as to reach at following address:
Central Receipt Section (Not for Tender Box)
Security Main Gate Building,
Pata Complex,
GAIL (India) Limited
P.O. Pata (Nearby Dibiyapur)
District - Auraiya (U.P.), Pin 206 241
Phone : +91-5683-30388
Bidder must ensure that these documents must reach GAIL on or before 7th day from the
final due date & time of bid opening (Part-I), failing which the bid will not be evaluated
further irrespective of their status/ranking in tender and notwithstanding the fact that a copy
of EMD was earlier uploaded by the bidder
Page 8 of 94
Above Document(s)/Bid(s) received after stipulated last date and time, due to any reasons
what-so-ever, including postal delays will not be considered.
AURAIYA BRANCH
Jap Bhavan Market, Infront of HDFC Bank
Ltd.
Kanpur Road, Auraiya
Contact Person: Mr. Ajay Singh
Contact details: 9336587325
E-mail: auraiya@firstflight.net
11.
12.
GAIL reserves the right to carry out capability assessment of the bidder including referral
to in-house information.
13.
GAIL will not be responsible or liable for cost incurred in preparation & delivery of bids,
regardless of the conduct or outcome of the bidding process.
14.
15.
No extension in the bid due date/time shall be considered on account of delay in receipt of
any document.
Page 9 of 94
16.
GAIL will follow purchase preference policy as per prevailing guidelines of Government
of India.
All the bidders including those who are not willing to submit their bid
against in this tender, are required to submit format F-1
Acknowledgement Cum Consent Letter attached in the tender along
with reason(s) for non-participation (if applicable) within 7 days from
receipt of tender information.
Bidder if so desires may seek in writing the reasons for rejection of their bid, to
which GAIL shall respond quickly.
Thanking You,
Yours faithfully,
For GAIL (India) Limited,
Page 10 of 94
SECTION II
BID EVALUATION CRITERIA (BEC)
Page 11 of 94
SECTION III
INSTRUCTIONS TO BIDDERS (ITB)
Page 13 of 94
ANNEXURE-I
INSTRUCTIONS TO BIDDERS
(INSTRUCTIONS FOR PARTICIPATION IN E-TENDER)
1.0
GENERAL
This section contains detailed instructions regarding bid submission procedure under
GAILs e-tendering system (e-tender portal). Bidders are required to read the following
instructions in addition to various instructions mentioned elsewhere in the bid document
for e-tendering, Ready Reckoner and FAQs etc. The instructions mentioned herein related
to bid submission procedure shall supersede and shall prevail over the conditions
enumerated elsewhere in the bid/tender document.
Bidders who wish to participate in e-tenders must download Ready Reckoner for bidders
which contains instructions in respect of e-Tendering essentially covering security settings
required for bidders PC / Laptop, uploading and checking the status of digital signature in
the bidders PC / Laptop, obtaining unique login ID and password, re-setting the
password, downloading of Tender document and uploading of Offer/Bid etc.
Further, the troubleshooting issues are also available in the form of FAQs which can be
downloaded from E-Tender Portal.
2.0
3.0
3.1
3.2
Page 14 of 94
3.3
3.4
3.5
In case bidder desires for change in the registered e-mail id in GAILs system, the under
mentioned steps may be followed:-
3.6
Note the name, designation, e-mail id etc. of the dealing officer from the tender
document or from the Contact Us link available on the logon page of GAILs e tender portal.
Request for change in the registered e-mail id may be sent to the dealing officer on
the companys letter head through post/ courier/e-mail. Bidder is also requested to
mention his vendor code / user Id in the letter.
This is a unique digital code which can be transmitted electronically and primarily
identifies a unique sender. The objective of digital signature is to guarantee that the
individual sending the message is who he or she really claims to be just like the written
signature. The Controller of Certifying Authorities of India (CCA) has authorized certain
Certifying Authorities (CA) to issue Digital Certificates. Digitally signed documents are
legally valid as per the Indian IT Act 2000.
One Digital Certificate is valid for a specified period and can be used for digitally signing
any number of documents.
(a)
In case of Proprietorship/Partnership
Both i.e. (i) Class 3 Digital Signatures issued to authorized individuals on their
KYC basis and (ii) Class 3b Digital Signatures issued to authorized individuals with
their organization KYC basis are acceptable.
(b)
Bidder can submit only digitally signed documents/bids/offers, in GAILs e-tender portal.
(II)
In order to bid for GAIL e-tenders bidders are required to obtain a legally valid Digital
Certificate as per Indian IT Act 2000 from the licensed Certifying Authorities (CA)
operating under the Root Certifying Authority of India (RCAI), Controller of Certifying
Authorities (CCA) of India.
(III)
Valid Digital Certificate can be obtained from Certifying Agency (C.A). Information about
CAs can be obtained through CCA India website (http://www.cca.gov.in).
Page 16 of 94
5.
6.
Bidders are advised to ensure that their bids are uploaded in e-Tender system well before
the closing date and time of bid submission by pressing Submit button. It has been seen
that bidder who try to upload his bid at the last moment often failed because of last minute
unforeseen reasons. Therefore, bidders are requested to upload & submit all documents
(Technical/Un-Priced Bid and Priced Bid) well in advance and refrain from submitting
their bid at the last moment. Once bid is submitted successfully, bidders shall receive a
Page 17 of 94
Further, bidders are advised to carry out a practice session on the demo version of
tendering as explained in Ready Reckoner to get well acquainted with the system before
actual submission of bid.
8.0
CONTENT OF BID
8.1
UN-PRICED BID
The Un-priced Bid (i.e. Part I Technical Bid, refer ITB of tender for details) to be
uploaded using Link TECHNICAL DOCUMENT. Bidders are advised to not upload
duly filled Schedule of Rates/Price Schedule (Price Bid) at this link. For detailed
instructions, Ready Reckoner for bidders may be referred.
Before the bid is uploaded, the bid comprising of all relevant documents mentioned in the
tender document should be digitally signed in accordance with the Indian IT Act 2000. If
any modifications are required to be made to a document thereafter the modified
documents shall be again digitally signed before uploading.
Bidders are required to upload all Tender forms and supporting documents which form
part of the bid/tender in the Collaboration Folder (C-Folder) under tender document of etender portal.
Uploading the documents relevant to bid before the bid submission date and time is the
sole responsibility of the bidder. No Manual/Hard copy of bid is acceptable. Bids
submitted manually shall be rejected.
Bidders are required to submit the Earnest Money Deposit (EMD)/Bid Bond in original in
the prescribed formats and in the manner prescribed in the tender at the time of bid
submission in sealed envelope.
However, if the bidder is unable to submit EMD/Bid Bond in original on the due date, he
may upload scanned copy of the EMD/Bid Bond while submitting the bid electronically,
provided the original EMD/Bid Bond, copy of which has been uploaded, is received
within 7 (seven) days from the date of un-priced bid opening, failing which the bid will be
rejected irrespective of their status / ranking in tender and notwithstanding the fact that a
copy of the Earnest Money Deposit/Bid Bond was earlier uploaded by the bidder.
The complete bid (each page) shall be continuously numbered in sequence, from start till
end i.e. 1, 2, 3 n. The bid shall be uploaded along with proper index and indicating page
numbers against each category of documents. A sample is suggested as under:
Page 18 of 94
SUB-FOLDER IN
C-FOLDER
1. INDEX
2. TENDER DOC
3. B.E.C
4. UN-PRICED
COMMERCIAL
5. EMD / POA
6. FORMATS
7. I.P.
8. OTHERS
DOCUMENTS
Index
Tender Document, Corrigendum etc.
BEC documents (including order,
completion/
execution
certificate,
balance sheet, etc.)
Un-priced Commercial offer/bid
Scanned copy of EMD/POA
Formats of tender duly filed-in, signed
and stamped and other
Integrity Pact (I.P.)
Any other document
PAGE NOS.
(FOR REF.)
1 to a
a+1 to b
b+1 to c
c+1 to d
d+1 to e
e+1 to f
f+1 to f
g+1 to n
The above shall ensure that there are no missing documents and traceability of relevant
section is ensured.
Note:
i) Bidder may save/store the bid documents in the PC/Laptop before submitting the
bid into in e-tender portal.
ii) Bidder is required to fill up the price(s)/rate(s) strictly in the Schedule of Rate
(SOR)/Price Schedule attached with the tender.
Inadvertently, if a document is uploaded in Collaboration Folder (C Folder) by the bidders,
such document can be deleted by the bidder and can be replaced by a digitally signed
new/modified document prior to due date& time.
Un-priced techno-commercial bid document should be placed in the private area earmarked
in the C-folder of Tender Document in e-tender portal.
8.2
PRICED BID
The Priced Bid (i.e. Part II Price Bid, refer ITB for details) to be uploaded using Link
Step-3: SOR Attachments and NOT using link TECHNICAL DOCUMENT. Bidders
are advised not to upload any other documents and same shall be ignored. For detailed
instructions, refer tender document and Ready Reckoner.
GAIL shall not be responsible for any failure on the part of the bidder in submission of
Priced Bid.
Instructions mentioned under PRICE BID [Online] in Ready Reckoner shall be
applicable in case Bidders have been asked to quote their prices on-line directly in the
GAILs e-tender portal in addition to uploading of scanned copy of SOR or only the on-line
price submission in the portal, as the case may be.
Page 19 of 94
9.
10.
SUBMISSION OF DOCUMENTS
Bidders are requested to upload small sized documents preferably (upto 20 MB) at a time
to facilitate easy uploading into e-tender portal. GAIL shall not be responsible in case of
failure of the bidder to upload documents/bids within specified time of tender submission.
11.
12.
INTERNET CONNECTIVITY
If bidders are unable to access GAILs e-tender portal or Bid Documents, the bidders may
please check whether they are using proxy to connect to internet or their PC is behind any
firewall and may contact their system administrator to enable connectivity. Please note that
Port SSL/443 should be enabled on proxy/firewall for HTTPS connectivity. Dial-up/Broad
band internet connectivity without Proxy settings is another option.
*****
Page 20 of 94
ANNEXURE-II
GENERAL INSTRUCTIONS TO BIDDERS (GITB)
TABLE OF CONTENTS
A.
B.
C.
D.
E.
F.
General
1. Scope of Bid
2. Eligible Bidders
3. Bid Evaluation Criteria
4. Bids from Consortium / Joint Venture
5. One Bid per Bidder
6. Cost of Bidding
7. Site Visit
Bidding Documents
8. Content of Bidding Documents
9. Clarification of Bidding Documents
10. Amendment of Bidding Documents
Preparation of Bids
11. Language of Bid
12. Documents Comprising the Bid
13. Bid Prices
14. Bid Currencies
15. Bid Validity
16. Bid Security
17. Pre-Bid Meeting
18. Format and Signing of Bid
19. Zero Deviation
20. E-Payment
Submission of Bids
21. Marking of Bids
22. Deadline for Submission of Bids
23. Late Bids
24. Modification and Withdrawal of Bids
Bid Opening and Evaluation
25. Bid Opening
26. Process to be Confidential
27. Contacting the Employer
28. Examination of bids and Determination of Responsiveness
29. Correction of Errors
30. Evaluation and Comparison of Bids
Award of Contract
31. Award
32. Employers Right to Accept any bid and to Reject any or all Bids
33. Notification of Award
34. Road Permit
35. Contract Performance Security
36. Corrupt/Fraudulent/Collusive/Coercive Practices
37. Integrity Pact
38. Procedure for Evaluation of Performance of Vendors/ Suppliers/ Contractors/ Consultants
39. Public Procurement Policy for Micro and Small Enterprises
40. Settlement of Commercial Disputes Between Public Sector Enterprise(s) Inter-Se and Public Sector
Enterprise(s) And Government Department(s) Through Permanent Machinery of Arbitration (PMA) In
The Department of Public Enterprises
41. Queries Regarding Technical Experience Criteria
42. Fraud Prevention Policy
43. Declaration regarding bankruptcy, liquidation and court receivership
Page 21 of 94
SCOPE OF BID:
1.1
The Employer/GAIL/Purchaser/Owner, as defined in the General Conditions of ContractGoods, hereinafter the Purchaser, wishes to receive bids for the supply of goods as
described in Section V, Special Conditions of Contract (SCC) & Scope of Supply (SOS).
1.2
The successful bidder will be required to complete the supply of goods within the
delivery period mentioned in SCC & SOS (Section V) of bidding document.
1.3
2.
Throughout these bidding documents, the terms bid and tender and their derivatives
(bidder/ tenderer, bid/ tendered, bidding/ tendering, etc.) are synonymous, and day
means calendar day. Singular also means plural.
ELIGIBLE BIDDERS:
2.1
Bidders shall, as part of their bid, submit a written Power Of Attorney authorizing the
signatory (for manual signature as well as digital signature, refer enclosed Format) of the
bid to bind the bidder.
2.2
This invitation for bid is open to any bidder who meets Bid Evaluation Criteria (BEC) and
other requirement of tender document.
2.3
Bidder should not be associated or have been associated in the past, directly or indirectly,
with a firm or any of its affiliates which have been engaged by the Purchaser to provide
consulting services for the preparation of the design, specifications and other documents to
be used for the procurement of the goods to be purchased under this Invitation for Bids.
2.4
The bidder shall not be under a declaration of ineligibility by Employer for corrupt or
fraudulent practices as defined in ITB.
2.5
3.
4.
The bidder is not put on holiday by GAIL or its PMC (i.e. EIL, Mecon, Tractebel, JP
Kenny, etc.) or black listed by any Government Department/ Public Sector on due date of
submission of bid. If the documents were issued inadvertently / downloaded from website,
offers submitted by such bidders shall not be considered for opening / evaluation / award.
BID EVALUATION CRITERIA: Please refer clause no. 1 of section II of tender.
BIDS FROM JOINT VENTURE / CONSORTIUM:
5.
4.1
Bids from Joint venture / Consortium/Sub-Contractor are not acceptable.
ONE BID PER BIDDER:
5.1
6.
A bidder who submits more than one bid will cause all the bid(s) which the bidder has
submitted; to be disqualified.
COST OF BIDDING:
6.1
The bidder shall bear all costs associated with the preparation and submission of the bid,
and GAIL will in no case, be responsible or liable for these costs, regardless of the
conduct or outcome of the bidding process.
Page 22 of 94
7.
SITE VISIT:
7.1
7.2
7.3
The bidder is advised to visit and examine the Site 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. The costs of visiting the Site shall be at the bidders own
expense.
The bidder and any of its personnel or agents will be granted permission by the Employer
to enter upon its premises and lands for the purpose of such visit, but only upon the
express condition that the bidder, its personnel, and agents will release and indemnify the
Employer and its personnel and agents from and against all liability in respect thereof,
and will be responsible for death or personal injury, loss of or damage to property, and
any other loss, damage, costs, and expenses incurred as a result of the inspection.
The Employer may conduct a Site visit concurrently with the pre-bid meeting.
B. BIDDING DOCUMENTS:
8.
The Bidding Documents/Tender Documents are those stated below and should be read in
conjunction with any addenda issued in accordance with ITB Clause 9 & 10.
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
:
:
:
:
:
SECTION VI :
SECTION VII :
8.2
9.
The bidder is expected to examine all instructions, forms, terms and specifications in the
bidding documents. The Invitation for Bids (IFB) together with all its attachments
thereto, shall be considered to be read, understood and accepted by the bidders. Failure
to furnish all information required by the bidding documents or submission of a bid not
substantially responsive to the bidding documents in every respect will be at bidders
risk and may result in the rejection of his bid.
CLARIFICATION OF BIDDING DOCUMENTS:
9.1
A prospective bidder requiring any clarification of the Bidding Documents may notify
GAIL in writing or by fax or e-mail at GAILs mailing address indicated in the
Invitation for Bids. GAIL will respond in writing to any request for clarification of the
Bidding documents which it receives not later than 03 days prior to the date of
scheduled Pre-Bid Meeting. Written copies of GAILs response (including an
explanation of the query but without identifying the source of the query) will be
uploaded on e-tendering website.
Any Clarification or information required by the bidder should reach Employer within
07 days prior to the bid due date, thereafter no cognizance shall be given to such queries.
Page 23 of 94
At any time prior to the bid due date, GAIL may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective bidder, modify the
bidding documents.
10.2
Any addendum thus issued shall be part of the Bidding Documents. The addendum will
and
be
hosted
on
the
GAIL
websites
http://www.gailtenders.in
https://etender.gail.co.in and CPP Portal (http://eprocure.gov.in). All the prospective
bidders who have attended the pre-bid meeting or who have raised queries (in writing)
against bidding document shall be informed by e-mail/Fax about the addendum for their
reference. Bidders have to take into consideration of all the addendum(s) / corrigendum
(s) / clarifications issued/ web hosted, before submitting the bid.
10.3
In order to afford prospective bidders, reasonable time in which to take the amendment
into account in preparing their bids, GAIL may, at its discretion, extend the bid due date.
C. PREPARATION OF BIDS:
11. LANGUAGE OF BID:
11.1
The bid prepared by the bidder and all correspondence and documents relating to the bid
exchanged by bidder and GAIL shall be written in English language.
12.2
The "Un-Priced Bid" and "Price Bid" shall contain the documents in the manner
specified below:
12.3
For easy download and access of document(s) submitted in the bid, bidder are advised to
upload document(s) in relevant Folders namely Index, Tender Documents, BEC,
Unpriced -Commercial, EMD, POA, Formats, Other etc. only.
All the documents should be 'digitally signed' through a valid "Class-3 / 3b Digital
Certificate" (Please refer clause no. 3.6 of ITB, Annexure I, Section II).
12.5
12.6
Priced Bid shall contain only rates/prices filled-in strictly in the Price
Schedule/Schedule of Rates format of the tender document (MS Excel OR PDF) and
shall be uploaded as an SRM attachment.
12.7
No stipulation, deviation, terms & conditions, presumption, basis or any documents etc.
shall be stipulated / submitted in Priced bid. GAIL shall not take cognizance of any such
statement / document(s) /information and may at their discretion reject such price bids.
12.8
Bidders are advised NOT to mention Rebate/Discount separately, either in the Price
Schedule format or anywhere else in the offer. In case bidder(s) intend to offer any
Rebate /Discount, they should include the same in the item rate(s) itself under the Price
Schedule and indicate the discounted unit rate(s) only.
If any bidder offers suo-moto discount after opening of un-priced bids but before
opening of price bids, such reduction / discounts shall not be considered for evaluation.
However, if the bidder happens to be the lowest evaluated bidder without considering
such discount then the benefit of discount will be availed at the time of award of work.
In the event as a result of techno-commercial discussions or pursuant to seeking
clarifications / confirmations from bidders, while evaluating the un-priced part of the
bid, any of the bidders submits a sealed envelope stating that it contains revised prices;
such bidder(s) will be requested to withdraw the revised prices failing which the bid will
not be considered for further evaluation.
variation in item description, unit or quantity is noticed; the bid is liable to be rejected.
13.2 Once quoted, the bidder shall not make any subsequent price changes, whether resulting
or arising out of any technical/commercial clarifications sought regarding the bid, even if
any deviation or exclusion may be specifically stated in the bid. Such price changes shall
render the bid liable for rejection.
14. BID CURRENCIES: Bidders shall submit bid in Indian Rupees only.
15. BID VALIDITY:
15.1
Bids shall be kept valid for three (03) months from the final bid due date. A bid valid
for a shorter period may be rejected by GAIL as non-responsive.
15.2
In exceptional circumstances, prior to expiry of the original bid validity period, the
Employer may request that the bidders extend the period of validity for a specified
additional period. The request and the responses thereto shall be made in writing or by
fax / e-mail. A bidder may refuse the request without forfeiture of his bid security. A
bidder agreeing to the request will not be permitted to modify his bid, but will be
required to extend the validity of its bid security for the period of the extension and in
accordance with Clause 16 in all respects.
16. BID SECURITY:
16.1
The bidder shall furnish, as part of his bid, bid security in the amount specified in the
Invitation for Bids (IFB).
16.2
The bid security is required to protect GAIL against the risk of bidders conduct which
would warrant the securitys forfeiture, pursuant to Clause-16.7
16.3
The bid security shall be in the form of a Bank Draft/ Bankers Cheque/ Bank
Guarantee. GAIL shall not be liable to pay any bank charges, commission or interest on
the amount of Bid Security.
In case Bid Security is in the form of a Bank Guarantee, the same shall be from any
Indian scheduled bank or a branch of an International bank situated in India and
registered with Reserve bank of India as scheduled foreign bank. However, in case of
Bank Guarantee from banks other than the Nationalised Indian banks, the bank must be
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. Bid Security shall be valid for 2 months beyond the validity
of the Bid.
16.4
Any bid not secured in accordance with Clause-16.1 and 16.3 may be rejected by GAIL
as non-responsive.
16.5
16.6
The successful bidders bid security will be discharged upon the bidders accepting the
Page 26 of 94
award & signing the Agreement, pursuant and furnishing the Contract Performance
Security pursuant.
16.7
16.8
16.9
The Bid security shall be submitted in the form of crossed Bank Demand Draft drawn on
any Nationalized/Scheduled bank in favour of GAIL (India) Limited, payable at State
Bank of India, Pata (Branch Code 1937), Auraiya (U.P.). In case Bid Security is in the
form of Bank Guarantee, the same must indicate the Tender Document reference no. and
the name of work/job for which the bidder is quoting. This is essential to have proper
co-relation at a later date. The Bid Security shall be in the form provided at F-4 (Bank
Guarantee).
EXEMPTIONS:
(i) Firm registered with NSIC are exempted from furnishing Bid Security, provided
the firms are registered for the items, they intend to quote and subject to their
enclosing with their bid a copy of latest and current registration certificate. Further,
Public Sector Undertakings are also exempted from furnishing Bid Security.
(ii) In case, bidder is a Micro or Small Enterprise under the Micro, Small and
Medium Enterprises Development Act, 2006, is also exempted from
submission of EMD/Bid Security provided the firms are registered for the
items, they intend to quote and subject to their enclosing with their bid & they
have to submit the sufficient documentary evidence as per clause no. 30 of
ITB.
17. PRE-BID MEETING:
17.1
The bidder(s) or his designated representatives are invited to attend a pre-bid meeting at
time & venue mentioned in IFB.
17.2
The 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 transmitted without delay (without identifying the
sources of the question) to all purchasers of the bidding documents. Any modification of
the bidding documents listed in ITB Sub-Clause 8.1 that may become necessary as a
result of the pre-bid meeting shall be made by the Employer exclusively through the
issue of an Addendum pursuant to Clause 10 and not through the minutes of the pre-bid
meeting.
17.4
bidder.
18. FORMAT AND SIGNING OF BID:
18.1
The bid document should be neatly filled and digitally-signed by the person holding the
power of attorney to sign the bid on behalf of the bidder. The name and post held by the
person digitally-signing the bid must be typed or printed below the signature
18.2
The bid shall contain no alterations, omissions, or additions, unless such corrections are
initialed by the person signing the bid.
Bidders to note that this is a zero deviation tender. GAIL will appreciate submission of
offer based on the terms and conditions in the enclosed General Conditions of Contract
(GCC), Special Conditions of Contract (SCC), Instructions to Bidders (ITB), Scope of
Supply, technical specifications etc. to avoid wastage of time and money in seeking
clarifications on technical/ commercial aspects of the offer. Bidder may note that no
technical and commercial clarifications will be sought for after the receipt of the bids. Bids
with any deviation to the bid conditions shall be liable for rejection.
19.2
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
19.3 In case Bidder stipulate deviations, Purchaser has the right to reject such bid at its
absolute discretion without giving any opportunity for such Bidders to make good such
deficiency.
19.4
PURCHASER reserves the right within 6 months of order to place repeat order Upto
50% of the total quantity of GOODS specified in the SOR, without any change in unit price
or other terms and conditions. Variation beyond this limit will be subject to mutual
agreement between the PURCHASER and the Seller.
Page 28 of 94
20. E-PAYMENT:
20.1
GAIL (India) Limited has initiated payments to suppliers and contractors electronically
and to facilitate the payments electronically through RTGS & NEFT, the bidder should
have an account with any Bank so that the payment through e-banking be made to the
bidder, in case work is awarded to him. Further, the bidder should give the details of his
bank account in any bank to facilitate payment through e-banking in case of award of
work.
D. SUBMISSION OF BIDS:
21. MARKING OF BIDS: Please refer IFB.
22. DEADLINE FOR SUBMISSION OF BIDS:
22.1
The Bid complete in all respect must be submitted on GAIL e-portal within due date and
time, as after the cut-off time system will not allow to submit the bid.
22.2
System does not allow for submission / receipt of bids beyond the deadline for bid
submission.
24. MODIFICATION AND WITHDRAWAL OF BIDS:
24.1
The bidder may modify his bid after the bid submission but before the deadline for bid
submission.
24.2
24.3
No bid shall be allowed to be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity specified by the
bidder on the Bid Form. Withdrawal of a bid during this interval shall result in the
bidders forfeiture of his bid security pursuant to Sub-Clause 16.7.
24.4
25.1.1 GAIL will open un-priced part of bids including withdrawals and modifications made
pursuant to Clause 24 of ITB in the presence of bidders designated representatives, at
date and time as stipulated in IFB at venue specified. The bidders representatives who
are present shall sign bid-opening statement evidencing their attendance.
25.2
25.2.1 GAIL will open the price bids of those bidders who meet the qualification requirement
and whose bid is determined to be technically and commercially responsive. Bidders
selected for opening of their price bids shall be informed about the date of price bid
opening. Bidders may depute their authorized representative to attend the opening. The
bidders representatives, who are present, shall sign a register evidencing their
attendance.
Representative of bidder shall be required to make Visitor Pass before entering to
GAILs premise, for which valid Photo ID is essentially required.
26. PROCESS TO BE CONFIDENTIAL:
26.1
From the time of bid opening to the time of Contract award, if any bidder wishes to
contact the Employer on any matter related to the bid, it should do so in writing.
27.2
Any effort by the bidder to influence the Employer in the Employers bid evaluation,
bid comparison, or Contract award decisions may result in the rejection of the bidders
bid.
28. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS:
28.1
Prior to the detailed evaluation of bids, the Employer will determine whether each bid
a.
b.
c.
d.
e.
Page 30 of 94
28.2
A substantially responsive bid is one which conforms to all the terms, conditions and
specifications of the bidding documents without material deviations or reservations. A
material deviation or reservation is one
(a)
that affects in any substantial way the scope, quality, or performance of the
service;
(b)
that limits in any substantial way, inconsistent with the bidding documents, the
Employers rights or the bidders obligations under the contract; or
(c)
28.3
If a bid is not substantially responsive, it will be rejected by the Employer and may not
subsequently be made responsive by correction or withdrawal of the nonconforming
deviation or reservation.
28.4
Bidders, if so desire(s), may seek in writing the reasons for rejection of their bid, to
which GAIL shall respond quickly.
(a)
In case of discrepancy between unit price and the total price, the unit price shall
prevail.
(b)
In case it is observed that any bidder has not quoted for any item in the Schedule of
Rates (such unquoted item not being in large numbers and does not fall under
REJECTION CRITERIA of tender), the quoted price for the purpose of evaluation
shall be considered as the maximum rate quoted by the remaining bidder for such
items. If after evaluation, such bidder is found to be the lowest evaluated bidder, the
rates for the missing item shall be considered as included in quoted bid price. If the
estimated price impact of the unquoted items is more than 10% of the bidders quoted
price, the above provision shall not be applicable and such bid shall be rejected.
(c)
The amount stated in the bid will be adjusted by the Employer in accordance with the
above procedure for the correction of errors and, with the concurrence of the bidder,
shall be considered as binding upon the bidder. If the bidder does not accept the
corrected amount of bid, its bid will be rejected, and the bid security shall be
forfeited.
29.2
Bidders are advised to submit the prices in the price bid only. The prices submitted in
the priced bid shall only be considered for evaluation.
In case of any difference in the prices submitted in the un priced bid and the price bid, the
prices submitted in the price bid shall be considered for evaluation and deciding inter-seranking of the bidders.
Page 31 of 94
29.3
However, if the bidder happens to be L1 bidder as per the above evaluation and their
prices submitted in the unpriced bid are found to be lower than that of priced bid, the lower
prices shall be considered for award. The same shall be final and binding on the bidder
30.1.2 The rate of ED & Cess, CST/VAT considered for evaluation shall be prevailing rate as
on final date of Unpriced Bid opening. Bidders are required to provide CENVAT
invoice to enable GAIL to avail CENVAT benefit failing which the amount will be
deducted from the basic rate of invoice.
30.1.3 Bidder to provide proper TAX INVOICE as per UP TAX ACT to enable GAIL to avail
ITC benefit.
30.1.4 The evaluated price of all the bidders as above shall be compared together to arrive at
the lowest offer as per F.O.T. site basis inclusive of all duties and taxes and freight up to
Pata site + Commercial/Technical loading, (if any).
30.1.5 Bidder must furnish all break-up of quoted rates in price schedule format, if any
data/detail is left blank, the same shall be considered included in the quoted price. If
charges for Freight is mentioned by Indian Bidder as extra at actual/To pay basis
etc., such bids shall not be considered for further evaluation, as price comparison of
such bid is not possible.
30.1.6 Transit Insurance shall be in GAILs Scope.
30.1.7 Bidder is to note that the rate of ED indicated in the SOR will be considered for
evaluation and if upon such loading the bidder is L-1, bidder will be bound to execute
the order with the above rate of ED. Any increase is ED due to increase in turnover will
not be admissible. However, statutory changes in Excise Duty rates & Sales Tax on the
finished goods by the Government of India (within the scheduled delivery period) will
be paid as applicable at the time of dispatch.
30.1.8 Seller will be required to pass CENVAT and ITC benefit to GAIL equivalent to the
Page 32 of 94
minimum amount/rate as mentioned by them in the priced bid (except when there is any
statutory reduction in rate of taxes and duties during the contractual delivery period),
failing which GAIL shall deduct the difference (i.e. Minimum amount/rate mentioned in
price bid Actual amount/rate passed on to GAIL) from the suppliers invoice.
30.1.9 Only statutory variations, if any, in the present rate of ED & CST/VAT, up to
contractual delivery period (except due to increase in turnover) shall be to Owner's
account subject to documentary evidence to be furnished by the vendor. However, any
increase in the rate of these taxes and duties beyond the contractual completion period
shall be to bidder's account and any decrease shall be passed on to GAIL.
30.1.10
Arithmetic Corrections:
For domestic bidders: When the actual net sum of the individual unit rates i.e. Ex-works
rate + P&F + Excise duty + CST/VAT + Inland freight rate Minimum amount of
CENVAT credit ( in lieu of ED)- Minimum amount of ITC credit (in lieu of VAT) do
not match with the corresponding total unit rate (Column 12 of Price Schedule, Section
VII of tender), then the bid shall be evaluated based on the actual net sum of unit rates
[i.e. column nos. (5+6+7+8+9) Column nos.(10+11)]
If the bidder does not accept the correction of errors, its bid will be rejected and the bid
security will be forfeited.
If any unconditional rebate has been offered in the quoted rates, the same shall be
considered in arriving at the net tendered amount. No cognizance shall be taken for any
conditional discount for the purpose of evaluation of the bids.
After the total quoted amount for each tender has been worked out, the financial
implications in respect of the retained technical and commercial deviation will be added
for evaluation purpose as per terms and conditions declared upfront in the tender
documents.
If any bidder offers suo-moto discount after opening of un-priced bids but before opening
of price bids, such reduction / discounts shall not be considered for evaluation. However,
if the bidder happens to be the lowest evaluated bidder without considering such discount
then the benefit of discount will be availed at the time of award of work. In the event as a
result of techno-commercial discussions or pursuant to seeking clarifications /
confirmations from bidders, while evaluating the un-priced part of the bid, any of the
bidders submits a sealed envelope stating that it contains revised prices; such
bidder(s) will be requested to withdraw the revised prices failing which the bid will not
be considered for further evaluation.
Bidders are advised to ensure timely submission of correct invoice(s) with all required
supporting Document (s) within a period specified in Contracts/ LOA to enable GAIL to
avail CENVAT credit. If CENVAT credit with respect to excise duty or service tax 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 excise duty or service tax charged in the
invoice(s) and shall be entitled to deduct/setoff /recover such service tax or excise duty
Page 33 of 94
together with all penalties and interest if any, against any amounts paid or payable by
GAIL to bidder.
30.2
30.2.1 Issue of Tender Documents (in case of Open Tenders) to MSEs free of cost.
30.2.2 Exemption to MSEs from payment of EMD/Bid Security.
30.2.3 As tendered item is non-splitable or non-dividable, MSE quoting price within price
band L1 (other than MSE) + 15%, may be awarded for full/complete value of
supplies/contract subject to matching of L1 price.
30.2.4 Clause Deleted
30.2.5 The MSEs owned by SC/ST entrepreneurs shall mean:
In case of Partnership MSE, the SC/ST partners shall be holding at least 51% share
in the unit.
In case of Private Limited Companies, at least 51% share is held by SC/ST. If the
MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate
documentary evidence in this regard.
In case bidder is a Micro or Small Enterprise under the Micro, Small and Medium
Enterprises Development Act, 2006, the bidder shall submit the following:
30.2.6 Documentary evidence that the bidder is a Micro or Small Enterprises registered with
District Industries Centers or Khadi and Village Industries Commission or Khadi and
Village Industries Board or Coir Board or National Small Industries Corporation or
Directorate of Handicrafts and Handloom or any other body specified by Ministry of
Micro, Small and Medium Enterprises.
(ii) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate
documentary evidence in this regard.
THE ABOVE DOCUMENTS SUBMITTED BY THE BIDDER SHALL BE DULY
CERTIFIED BY THE CHARTERED ACCOUNTANT (NOT BEING AN
EMPLOYEE OR A DIRECTOR OR NOT HAVING ANY INTEREST IN THE
BIDDERS COMPANY/FIRM) AND NOTARY PUBLIC WITH LEGIBLE STAMP.
Page 34 of 94
If the bidder does not provide the above confirmation or appropriate document or any
evidence, then it will be presumed that they do not qualify for any preference
admissible in the Public Procurement Policy (PPP), 2012.
30.2.7 If against an order placed by GAIL, successful bidder(s) (other than Micro/Small
Enterprise) is procuring material/services from their sub-vendor who is a Micro or
Small Enterprise registered with District Industries Centers or Khadi and Village
Industries Commission or Khadi and Village Industries Board or Coir
Board
or
National Small Industries Corporation or Directorate of Handicrafts and Handloom or
any other body specified by Ministry of Micro, Small and Medium Enterprises with
prior consent in writing
of the purchasing authority/Engineer-in-charge, the details
like Name, Registration No., Address, Contact No. details of material & value of
procurement made, etc. of such Enterprises shall be furnished by the successful bidder
at the time of submission of invoice/Bill.
F. AWARD OF CONTRACT:
31.
AWARD:
31.1
32.
Subject to Clause 28, GAIL will award the contract to the successful bidder whose
bid has been determined to be substantially responsive and has been determined as
the lowest as per evaluation methodology described at clause 30, is determined to be
qualified to satisfactorily perform the contract.
EMPLOYERS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL
BIDS:
32.1
33.
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 GAILS ACTION.
NOTIFICATION OF AWARD:
33.1
Prior to the expiration of period of bid validity GAIL will notify the successful
bidder in writing by fax, cable or telex to be confirmed in writing, that his bid has
been accepted. The notification of award / Fax of Acceptance will constitute the
formation of the Contract.
33.2
34.
GAIL, Pata will issue E-waybill (Form-38) under UP VAT Rules 2008 for transportation of
ordered goods to Pata from outside UP on Suppliers request. This E-waybill shall be issued
to the following suppliers:
i) Supplier is outside UP
ii) Supplier is within UP but quoted the rate on E- 1sale.
iii) Supplier is within UP but their factory is outside UP.
As E-waybill is valid is for One month from the date of issuance hence supplier should send
the request for requirement of E-waybill once ordered material is ready to dispatch (After
Page 35 of 94
Invoicing and booking of consignment along-with complete sets of required documents as per
PO Terms and conditions).
To Generate e-waybill, Kindly provide details in below format :
PO No. : ____________________________________________________________
1
Name of Commodity
10
11
12
13
Unit of Measurement
Value of Consignment Rs. ____(in
Figures)
Value of Consignment Rs. ____(in
words)
Bill No./Cash Memo
No./Invoice No./Challan no./
Bill Of Entry No.
Bill Date/Cash Memo Date/Invoice
date/Challan Date/Bill of Entry Date
Seller's Name
Seller's Address
Seller's Permanent Mob. No. (Only)
Vehicle No.
14
15
16
17
Carrier Name
6
7
8
9
Supplier should ensure the following before despatching the ordered material at GAIL, Pata
To ensure that E-Waybill shall be valid till delivering of material at GAIL, Pata. IN ANY
CASE, NEW E-WAYBILL SHALL NOT BE ISUUED.
To ensure that all the relevant data in E-waybill (Form 38) is filled up completely.
Sale Tax authority in UP may seize the goods against non-compliance of above information
and they will impose the heavy penalty based on goods value for which GAIL, Pata shall not
be responsible and you will have to clear the goods directly from Sale Tax Authority after
completing all formalities as per Sale Tax Rules. Moreover, material under seizure with Sale
Tax Authority shall be at Sellers risk and cost.
35.
The SELLER shall furnish to the PURCHASER, within 30 (thirty) days from the
date of notification of award, a security in the sum of 10% of the order value
(exclusive of all taxes and duties and freight but including P& F charges) of the
Page 36 of 94
The contract performance security shall be for above mentioned amount excluding
taxes and duties towards faithful performance of the contractual obligations and
performance of equipment. This Bank Guarantee/DD 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. This bank guarantee shall be valid for a period
as stated in Article-12 of General Conditions of Contract.
35.3
36.
Failure of the successful bidder to comply with the requirements of this article shall
constitute sufficient grounds for the annulment of the award and forfeiture of the bid
security.
CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES:
A
DEFINITIONS:
A.1
A2
Fraudulent Practice means and include any act or omission committed by a agency
or with his connivance or by his agent by misrepresenting/ submitting false documents
and/ or false information or concealment of facts or to deceive in order to influence a
selection process or during execution of contract/ order.
A3
A.4
A.5
Page 37 of 94
A.6
A.7 Competent Authority shall mean the authority, who is competent to take final decision
for Suspension of business dealing with an Agency/ ies and Banning of business
dealings with Agency/ ies and shall be the Director concerned.
A.8
Allied Agency shall mean all the concerns within the sphere of effective influence
of banned/ suspended agencies. In determining this, the following factors may be
taken into consideration:
(a)
(b)
(c )
A.9
Investigating Agency shall mean any department or unit of GAIL investigating into
the conduct of Agency/ party and shall include the Vigilance Department of the GAIL,
Central Bureau of Investigation, State Police or any other agency set up by the Central
or state government having power to investigate.
ACTIONS
AGAINST
BIDDER(S)
INDULGING
/FRAUDULENT/ COLLUSIVE/ COERCIVE PRACTICE
B.1
IN
CORRUPT
If it is observed during bidding process/ bids evaluation stage that a bidder has
indulged in corrupt/fraudulent /collusive/coercive practice, the bid of such Bidder (s)
shall be rejected and its Earnest Money Deposit (EMD) shall be forfeited.
Further, such agency shall be banned for future business with GAIL for a period
specified in para B 2.2 below from the date of issue of banning order.
B.2
Page 38 of 94
After conclusion of process, 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. 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.
(ii)
(iii)
AFTER EXPIRY OF
DEFECT LIABILITY PERIOD (DLP)/
WARRANTY/GUARANTEE PERIOD
If an agency is found to have indulged in corrupt/fraudulent/
collusive/coercive practices, after expiry of Defect liability period (DLP)/
Warranty/Guarantee Period, the agency shall be banned for future business
with GAIL for a period specified in para B 2.2 below from the date of issue of
banning order.
C.1
C.2
However, if such an agency is already executing other order (s)/ contract (s) where no
corrupt/fraudulent/ collusive/coercive practice is found, the agency should be allowed
to continue till its completion without any further increase in scope except those
incidental to original scope mentioned in the contract.
C.3
If an agency is put on the Banning List during tendering and no irregularity is found in
the case under process:
Page 39 of 94
C.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid
submitted by the agency shall be ignored.
C.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the
agency shall not be opened and BG/EMD submitted by the agency shall be returned to
the agency.
C.3.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the
agency shall be ignored & will not be further evaluated. If the agency is put on
banning list for fraud/ mis-appropriation of facts committed in the same tender/other
tender where errant agency emerges as the lowest (L1), then such tender shall also be
cancelled and re-invited.
D.
D.1
INITIATION OF SUSPENSION
Action for suspension business dealing with any agency/(ies) shall be initiated by
Corporate C&P Department when
D.2
(i)
Corporate Vigilance Department based on the fact of the case gathered during
investigation by them recommend for specific immediate action against the
agency.
(ii)
(iii)
Non-performance of Vendor/Supplier/Contractor/Consultant
termination of Contract/ Order.
leading
to
SUSPENSION PROCEDURE:
D.2.1
The order of suspension would operate initially for a period not more than six
months and is to be communicated to the agency and also to Corporate Vigilance
Department. Period of suspension can be extended with the approval of the
Competent Authority by one month at a time with a ceiling of six months pending
a conclusive decision to put the agency on banning list.
D.2.2
The suspension order shall also be hosted on GAILs intranet and a copy will be
forwarded to all OICs/ HODs by Corporate C&P Department. During the period
of suspension, no new business dealing may be held with the agency.
D.2.3
Period of suspension shall be accounted for in the final order passed for banning
of business with the agency.
D.2.4
D.2.5
If a prima-facie, case is made out that the agency is guilty on the grounds which
can result in banning of business dealings, proposal for issuance of suspension
Page 40 of 94
order and show cause notice shall be put up to the Competent Authority. The
suspension order and show cause notice must include that (i) the agency is put on
suspension list and (ii) why action should not be taken for banning the agency for
future business from GAIL.
The competent authority to approve the suspension will be same as that for
according approval for banning.
D.2.6
The process for putting the agency on suspension list shall be completed within 7
days from the date of receipt of such intimation from Corporate Vigilance
Department for cases mentioned at sl. no. (i) and (ii) of clause no. D.1 and within
30 days from the date of recommendation by site committee for cases mentioned
at sl. no. (iii) of clause no. D.1.
D3
D.3.1
D.3.2
D.3.2.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid
submitted by the agency shall be ignored.
D.3.2.2 after opening Technical bid but before opening the Price bid, the Price bid of the
agency shall not be opened and BG/EMD submitted by the agency shall be
returned to the agency.
D.3.2.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of
the agency shall be ignored & will not be further evaluated. If the agency is put on
Suspension list for fraud/ mis-appropriation of facts conducted in the same
tender/other tender where errant agency emerges as the lowest (L1), then such
tender shall also be cancelled and re-invited.
D.3.3
The existing contract (s)/ order (s) under execution shall continue.
D.3.4
Tenders invited for procurement of goods, works and services shall have provision
that the bidder shall submit a undertaking to the effect that (i) neither the bidder
themselves nor their allied agency/(ies) are on banning list of GAIL or the
Ministry of Petroleum and Natural Gas and (ii) bidder is not banned by any
Government department/ Public Sector.
F.
F.1
The agency may file an appeal against the order of the Competent Authority for
putting the agency on banning list. The appeal shall be filed to Appellate Authority.
Such an appeal shall be preferred within one month from the of receipt of banning
order.
Page 41 of 94
F.2
Appellate Authority would consider the appeal and pass appropriate order which shall
be communicated to the party as well as the Competent Authority.
F.3
Appeal process may be completed within 45 days of filing of appeal with the
Appellate Authority.
G.
37
Wherever there is contradiction with respect to terms of Integrity pact , GCC and
Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice, the
provisions of Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive
Practice shall prevail.
INTEGRITY PACT: NOT APPLICABLE
38
39
40
41
43
Page 43 of 94
ANNEXURE-III
PROCEDURE FOR EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/
CONTRACTORS/ CONSULTANTS
1.0
GENERAL
A system for evaluation of Vendors/ Suppliers/Contractors/ Consultants and their
performance is a key process and important to support an effective purchasing &
contracting function of an organization.
Performance of all participating Vendors/ Suppliers/Contractors/ Consultants need to be
closely monitored to ensure timely receipt of supplies from a Vendor, completion of an
assignment by a Consultant or complete execution of order by a contractor within
scheduled completion period. For timely execution of projects and meeting the operation
& maintenance requirement of operating plants, it is necessary to monitor the execution of
order or contracts right from the award stage to completion stage and take corrective
measures in time.
2.0
OBJECTIVE
The objective of Evaluation of Performance aims to recognize, and develop reliable
Vendors/ Suppliers/Contractors/ Consultants so that they consistently meet or exceed
expectations and requirements.
The purpose of this procedure is to put in place a system to monitor performance of
Vendors/ Suppliers/Contractors/ Consultants associated with GAIL so as to ensure timely
completion of various projects, timely receipt of supplies including completion of works &
services for operation and maintenance of operating plants and quality standards in all
respects.
3.0
METHODOLOGY
i)
ii)
Measurement of Performance
Based on the parameters defined in Data Sheet, Performance of concerned Vendor/
Supplier/Contractor/ Consultant would be computed and graded accordingly. The
measurement of the performance of the Party would be its ability to achieve the
minimum scoring of 60% points in the given parameters.
Page 44 of 94
iii)
Initiation of Measures:
Depending upon the Grading of Performance, corrective measures would be
initiated by taking up the matter with concerned Vendor/ Supplier/Contractor/
Consultant. Response of Vendor/ Supplier/Contractor/ Consultant would be
considered before deciding further course of action.
iv)
v)
4.0
EXCLUSIONS:
The following would be excluded from the scope of evaluation of performance of Vendors/
Suppliers/Contractors/ Consultants:
i)
ii)
iii)
5.1
FOR PROJECTS
i)
Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case
of PROJECTS shall be done immediately with commissioning of any Project.
ii)
iii)
VERY GOOD
Action
Seek explanation for Poor performance
Seek explanation for Fair performance
Letter to the concerned for improving
performance in future
No further action
Page 45 of 94
iv)
v)
5.2
5.3
ii)
iii)
1
2.
3
POOR
FAIR
GOOD
VERY GOOD
Page 46 of 94
iv)
v)
6.0
6.1
An order for Holiday passed for a certain specified period shall deemed to have been
automatically revoked on the expiry of that specified period and it will not be necessary to
issue a specific formal order of revocation.
Further, in case Vendor/ Supplier/Contractor/ Consultant is put on holiday due to quality,
and new order is placed on bidder after restoration of Vendor/ Supplier/Contractor/
Consultant, such order will be properly monitored during execution stage by the concerned
site.
7.0
EFFECT OF HOLIDAY
7.1
7.2
Page 47 of 94
will not be forfeited and payment will be made as per provisions of concerned contract.
However, this would be without prejudice to other terms and conditions of the contract.
7.3.
7.3.1
After issue of the enquiry /bid/tender but before opening of Technical bid, the bid
submitted by the party shall be ignored.
7.3.2
After opening Technical bid but before opening the Price bid, the Price bid of the party
shall not be opened and BG/EMD submitted by the party shall be returned to the party.
7.3.3
After opening of price, BG/EMD made by the party shall be returned; the offer of the party
shall be ignored & will not be further evaluated. If errant party emerges as the lowest (L1),
then such tender shall also be cancelled and re-invited.
8.0
While putting the Vendor/ Supplier/Contractor/ Consultant on holiday as per the procedure,
the holding company, subsidiary, joint venture, sister concerns, group division of the errant
Vendor/ Supplier/Contractor/ Consultant shall not be considered for putting on holiday list.
Any bidder, put on holiday, will not be allowed to bid through consortium route also in
new tender during the period of holiday.
9.0
If an unsuccessful bidder makes any vexatious, frivolous or malicious complaint against the
tender process with the intention of delaying or defeating any procurement or causing loss
to GAIL or any other bidder, such bidder will be put on holiday for a period of six months,
if such complaint is proved to be vexatious, frivolous or malicious, after following the due
procedure.
10.
The party may file an appeal against the order of the Competent Authority for
putting the party on Holiday list. The appeal shall be filed to Appellate Authority.
Such an appeal shall be preferred within one month from the of receipt of Holiday
order.
(b)
Appellate Authority would consider the appeal and pass appropriate order which
shall be communicated to the party as well as the Competent Authority.
(c)
Appeal process may be completed within 45 days of filing of appeal with the
Appellate Authority.
(d)
the bidder and such bidders shall be debarred from participation in re-tendering of the same
job(s)/item(s).
Further, such bidder will be put on holiday for a period of six months after following the
due procedure.
12.
In case Service Tax department brings to the notice of GAIL that a Party has not paid to the
credit of the Government the Service Tax collected from GAIL, then party will be put on
holiday for a period of six months after following the due procedure.
Page 49 of 94
Annexure-1
GAIL (India) Limited
PERFORMANCE RATING DATA SHEET
(FOR PROJECTS/ CONSULTANCY JOBS)
i)
Project/Work Centre
ii)
iii)
iv)
v)
Name of Vendor/Supplier/
Contractor/ Consultant
vi)
Contracted delivery/
Completion Schedule
vii)
Actual delivery/
Completion date
Performance
Parameter
Maximum Marks
Marks Allocated
Delivery/ Completion
Performance
40
Quality
Performance
40
Reliability
Performance#
20
Total
100
Note:
Remarks (if any)
PERFORMANCE RATING (**)
Note :
(#)
Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation beyond
contract payment term or seeking direct payment to the sub-vendor/sub-contractor due to financial
constraints, then 0 marks should be allotted against Reliability Performance.
(*)
Allocation of marks should be as per enclosed instructions
(**)
Performance rating shall be classified as under :
Sl.
No.
1
2
3
4
Range (Marks)
Rating
60 & below
61-75
76-90
More than 90
POOR
FAIR
GOOD
VERY
GOOD
Signature of
Authorised Signatory:
Name:
Designation:
Page 50 of 94
1.2
40 Marks
Delivery Period/
Completion Schedule
Delay in Weeks
Marks
a) Upto 3 months
Before CDD
Delay upto 4 weeks
8 weeks
10 weeks
12 weeks
16 weeks
More than 16 weeks
40
35
30
25
20
15
0
b) Above 3 months
Before CDD
Delay upto 4 weeks
8 weeks
10 weeks
16 weeks
20 weeks
24 weeks
More than 24 weeks
40
35
30
25
20
15
10
0
QUALITY PERFORMANCE
40 Marks
Marks to be allocated on
10 marks
prorata basis for acceptable
quantity as compared to total
quantity for normal cases
Failure of severe nature
0 marks
- Moderate nature
5 marks
- low severe nature
10-25 marks
1. No deviation
2. No. of deviations < 2
3. No. of deviations > 2
Page 51 of 94
5 marks
2 marks
0 marks
1.3
RELIABILITY PERFORMANCE
A.
20 Marks
FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement,
PBG, Drawings and other documents within time
4 marks
4 marks
4 marks
4 marks
or
Reliability of Estimates/Design/Drawing etc. in
case of Consultancy jobs
v) Timely submission of estimates and other
documents for Extra, Substituted & AHR items
B.
4 marks
FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings
and other documents within time
5 marks
5 marks
5 marks
Page 52 of 94
5 marks
Annexure-2
GAIL (India) Limited
PERFORMANCE RATING DATA SHEET
(FOR O&M)
i)
Location
ii)
iii)
iv)
v)
Name of Vendor/Supplier/
Contractor/ Consultant
vi)
Contracted delivery/
Completion Schedule
vii)
Actual delivery/
Completion date
Range (Marks)
Rating
60 & below
61-75
76-90
More than 90
POOR
FAIR
GOOD
VERY
GOOD
Signature of
Authorised Signatory:
Name:
Designation:
Page 53 of 94
1.2
40 Marks
Delivery Period/
Completion Schedule
Delay in Weeks
Marks
a) Upto 3 months
Before CDD
Delay upto 4 weeks
8 weeks
10 weeks
12 weeks
16 weeks
More than 16 weeks
40
35
30
25
20
15
0
b) Above 3 months
Before CDD
Delay upto 4 weeks
8 weeks
10 weeks
16 weeks
20 weeks
24 weeks
More than 24 weeks
40
35
30
25
20
15
10
0
QUALITY PERFORMANCE
For Normal Cases :
i) Rejection/Defects
No Defects/ No Deviation
/ No failure:
Marks to be allocated on
prorata basis for acceptable
quantity as compared to total
quantity for normal cases
Failure of severe nature
- Moderate nature
- low severe nature
1. No deviation
2. No. of deviations < 2
3. No. of deviations > 2
Page 54 of 94
40 Marks
40 marks
10 marks
0 marks
5 marks
10-25 marks
5 marks
2 marks
0 marks
1.3
RELIABILITY PERFORMANCE
A.
20 Marks
FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement,
PBG, Drawings and other documents within time
4 marks
4 marks
4 marks
4 marks
or
Reliability of Estimates/Design/Drawing etc. in
case of Consultancy jobs
v) Timely submission of estimates and other
documents for Extra, Substituted & AHR items
B.
4 marks
FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings
and other documents within time
5 marks
5 marks
5 marks
Page 55 of 94
5 marks
SECTION IV
FORMS & FORMATS
Page 56 of 94
FORM
NO.
DESCRIPTION
1.
F-1
2.
F-2
3.
F-3
4.
F-3 (A)
5.
F-4
6.
F-5 (A)
LETTER OF AUTHORITY
7.
F-5 (B)
POWER OF ATTORNEY
8.
F-6
NO DEVIATION CONFIRMATION
9.
F-7
BID FORM
10.
11.
F-8
12.
13.
F-9
14.
F-10
15.
F-10 (A)
16.
F- 11
INTEGRITY PACT
17.
F-12
DECLARATION
F-13
18.
CHECKLIST
Page 57 of 94
F-1
(Within 7 days of receipt of bidding document, Bidder shall acknowledge the receipt and confirm their intention to Bid
against this tender through e-mail to vsrinivasulu@gail.co.in / twinkle.bala@gail.co.in or FAX with duly filled-up this
Format. In case of no reply or No Offer, It will consider that bidder is not interested and No Further Tender will be
issued in future).
To,
Sr. Officer(C&P)
GAIL (India) Ltd. Pata (India)
FAX: +91 5683 282446
SUBJECT: PROCUREMENT OF ULTRASONIC FLOW METERS FOR GAIL INDIA LTD., PATA [TENDER
NO.: GAIL/PA15/58974/8000008813/TB (E-TENDER BID INVITATION NO.: - 8000008813)].
Dear Sir/Madam,
We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/work.
We undertake that the contents of the above bidding document shall be kept confidential and further that the drawings,
specifications and documents shall not be transferred and that the said documents are to be used only for the purpose
for which they are intended.
A)
We intend to bid as requested for the subject item/work and furnish following details with respect to our
quoting office:
(i) Postal Address
:
..
(ii) Telephone Number
:
B)
..
..
..
..
..
C)
We are unable to bid for the reasons given below and we are returning back the entire set of bidding
documents.
o
o
o
o
o
Agencys Name : ..
Date
: ..
Seal/Stamp
: ..
Signature
Name
Designation
Page 58 of 94
: ..
: ..
:...
F-2
In case of successful bidder, Order will be issued to address mentioned at Sl. No. 4 [
5[
] above (please tick park in appropriate box).
LLP
(iv)
Private Limited
(v)
Public Limited
(v)
PSU/Govt Dept.
Not Required
Page 59 of 94
]/
(vi)
Any other
Bidder must submit relevant document in support of above viz. Copies of partnership
deeds (in case of partnership /LLP firm), Affidavit or self-declaration on letter head (in
case of Proprietorship firm), Memorandum and Articles of Association & certificate of
Incorporation (in case of Private /Public Limited company) and certification from
competent person on their letter head (in case of PSU/Govt. Dept.) etc.
Submitted Following document(s):
(i)
_________________
(ii)
_________________
(iii) _________________
ISO Certification, if any (If yes, please furnish details along-with documentary evidence):
10
11
12
13
_____________________________________
14
_____________________________________
15
Excise Range :
_____________________________________
16
Excise Division :
17
Excise Collectorate :
18
19
PAN No. :
_____________________________________
_____________________________________
_____________________________________
_____________________________________
Page 60 of 94
F-3
BIDDER'S QUERIES FOR PRE BID BIDDER'S QUERIES FOR PRE BID MEETING
To,
Sr. Officer (C&P)
GAIL (India) Ltd. Pata (India)
FAX: +91 5683 282446
Page No.
Clause No.
Subject
BIDDER'S
QUERY
GAIL'S REPLY
NOTE: THE PRE-BID QUERIES MAY BE SENT BY FAX TO FAX NUMBERS 91-11-26185941 EXT. 16329#
OR +91 5683 282446 AND ALSO BY E-MAIL TO vsrinivasulu@gail.co.in OR twinkle.bala@gail.co.in
BEFORE DUE DATE FOR RECEIPT OF BIDDER'S QUERIES.
SIGNATURE OF BIDDER:
NAME OF BIDDER
___________________________
___________________________
Page 61 of 94
F-3 (A)
SUBJECT: PROCUREMENT OF ULTRASONIC FLOW METERS FOR GAIL INDIA LTD., PATA [TENDER
NO.: GAIL/PA15/58974/8000008813/TB (E-TENDER BID INVITATION NO.:- 8000008813)].
Sl.
No
Descripti
-on of
the
Services/
Job
LOA/
PO/
WO No.
and
date
(1)
(2)
(3)
SIGNATURE OF BIDDER:
NAME OF BIDDER
Value of
Contract/
Order
(Specify
Currency
Amount)
Date of
Commencement of
works/job/se
rvices
(6)
(7)
Scheduled
Completion
Time
(8)
Date of
Actual
Completion
Reasons
for delay
in
execution,
if any
(9)
(10)
___________________________
___________________________
NOTE:
(A) COPIES OF LETTER OF AWARDS AND PROOF OF EXECUTION FOR THE ABOVE
WORKS TO BE ENCLOSED.
(B) THE WORK COMPLETED EARLIER THAN SEVEN YEARS AND JOBS, NOT OF SIMILAR
NATURE NEED NOT BE INDICATED HERE.
(C) DETAILS OF WORK COMPLETED EARLIER PROVIDED HERE SHALL ONLY BE CONSIDERED
FOR EVALUATION AND POST TENDER CLARIFICATIONS (IF ANY).
Page 62 of 94
BID FORM
To,
Sr. Officer(C&P)
GAIL (India) Ltd. Pata (India)
FAX: +91 5683 282446
F-4
Page 63 of 94
LETTER OF AUTHORITY
F-5 [A]
Date:
To,
Sr. Officer(C&P)
GAIL (India) Ltd. Pata (India)
FAX: +91 5683 282446
[2]
________________________________________
Signature
________________________________________
Phone/Cell
________________________________________
Fax
________________________________________
.. @ .
________________________________________
Signature
________________________________________
Phone/Cell
________________________________________
Fax
________________________________________
.. @ .
Date:
Name:
Designation:
Seal:
Note: This "Letter of Authority" should be on the "letterhead" of the Firm / Bidder and should be signed by
a person competent and having the 'Power of Attorney' to bind the Bidder. Not more than 'two [02] persons
per Bidder' are permitted to attend "Techno-commercial / Un-priced" & "Price Bid" Openings.
Page 64 of 94
POWER OF ATTORNEY
F-5 [B]
NO DEVIATION CONFIRMATION
Bidder Ref:
To,
Sr. Officer(C&P)
GAIL (India) Ltd. Pata (India)
FAX: +91 5683 282446
F-6
Date:
Page 66 of 94
PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT/ BID SECURITY
F-7
To
GAIL ( India )Ltd.,
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.
We, the ____________________________________ Bank at_____________________________
having our Head Office ________________________________________________________
(Local Address) guarantee and undertake to pay immediately on demand without any recourse to the tenderers by
GAIL (India) Ltd., the amount________________ ____________________ without any reservation, protest,
demur and recourse. Any such demand made by GAIL, shall be conclusive and binding on us irrespective of any
dispute or difference raised by the Tenderer.
This guarantee shall be irrevocable and shall remain valid upto ____________ [this date should be 2 months
beyond validity of 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 authorised officer, has set its hand and stamp on this ___________day
of ____________20 __at____________.
WITNESS:
(SIGNATURE)
(NAME)
(SIGNATURE)
(NAME)
Designation with Bank Stamp
(OFFICIAL ADDRESS)
Attorney as per
Power of Attorney No.________
Date:________________________
Page 67 of 94
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.
In case of foreign bank, the said banks guarantee to be issued by its correspondent bank in
India on requisite non-judicial stamp paper.
2.
The expiry date as mentioned in bid document should be arrived at by adding 2 months to
the date of expiry of the bid validity unless otherwise specified in the Bid Documents.
3.
The bank guarantee by bidders will be given from bank as specified in ITB
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 banks E-mail/
Fax/. From where the earnest money bond has been issued.
6.
Page 68 of 94
F-8
To
GAIL (INDIA) LIMITED
P.O.:PATA, DISTT. AURAIYA
(U.P.) 206 041
INDIA
M/s ____________________________________________________________ have been
awarded the work of ________________________________________________________
for GAIL ( INDIA) LTD. , PATA, INDIA.
The Contracts conditions provide that the SELLER shall pay a sum of Rs._____________ (Rupees as full
Performance Guarantee in the form therein mentioned. The form of payment of Performance Guarantee includes
guarantee executed by Nationalised Bank, undertaking full responsibility to indemnify GAIL (INDIA) LTD., in
case of default.
The said_______________________________________________ has approached us and at
their request and in consideration of the premises we having our office at ______________________________
have agreed to give such guarantee as hereinafter mentioned.
1.
We ______________________________________________________________ hereby undertake and
agree with you that if default shall be made by M/s__________________________________ in performing any
of the terms and conditions of the tender or in payment of any money payable to GAIL ( INDIA) LTD. we shall
on demand pay without any recourse to the contractor to you in such manner as you may direct the said amount
of Rupees _____________________________ only or such portion thereof not exceeding the said sum as you
may from time to time require.
2.
You will have the full liberty without reference to us and without affecting this guarantee, postpone for
any time or from time to time the exercise of any of the powers and rights conferred on you under the contract
with the said _____________________________________ and to enforce or to forbear from endorsing any
powers or rights or by reason of time being given to the said __________________________ which under law
relating to the sureties would but for provision have the effect of releasing us.
3.
Your right to recover the said sum of Rs.____________________________________
(Rupees_______________________________________) from us in manner aforesaid will not be affected or
suspended by reason of the fact that any dispute or disputes have been raised by the said
M/s.___________________________ and/or that any dispute or disputes are pending before any officer, tribunal
or court.
4.
The guarantee herein contained shall not be determined or affected by the liquidation or winding up
dissolution or changes of constitution or insolvency of the said but shall in all respects and for all purposes be
binding and operative until payment of all money due to you in respect of such liabilities is paid.
5.
This guarantee shall be irrevocable and shall remain valid upto______________ If any further extension
of this guarantee is required, the same shall be extended to such required period on receiving instruction from
M/s.___________________________________________________ on whose behalf this guarantee is issued.
Page 69 of 94
6.
The Bank Guarantees payment of an amount is payable on demand and in any case within 48 hours
of the presentation of the letter of invocation of Bank Guarantee. Should the banker fail to release payment on
demand, a penal interest of 18% per annum shall become payable immediately and any dispute arsing out of
or in relation to the said Bank Guarantee shall be subject to the jurisdiction of Delhi Courts.
7.
We have power to issue this guarantee in your favour under Memorandum and Articles of Association
and the undersigned has full power to do under the Power of Attorney dated ___________ granted to him by the
Bank.
Yours faithfully,
___________________________Bank
By its Constituted Attorney
Page 70 of 94
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. In case of foreign bank, the said bank guarantee to be issued by its
correspondent bank in India on requisite non-judicial stamp paper and place of bid to be
considered as Delhi.
2.
The bank guarantee by bidders will be given from bank as specified in ITB.
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 Purchaser and copy
to Consultant confirming its net worth is more than Rs. 1,000,000,000/- (Rupees one
hundred crore) or its equivalent in foreign currency along with a documentary evidence.
Page 71 of 94
F-9
BANK REGISTRATION FORMAT
NOTE: (1) THIS FORMAT IS TO BE ISSUED ON VENDORS LETTER HEAD
(2) PLEASE ALSO ENCLOSE A CANCELLED CHEQUE.
1. VENDORS NAME
2. VENDOR CODE
3. VENDORS ADDRESS
4. VENDORS E-MAIL ID
A) NAME OF BANK
B) NAME OF BRANCH
C) BRANCH CODE
D) ADDRESS OF BANK
E) TELEPHONE NUMBER
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
We certify that M/s ... has an Account no. .
with us and we confirm that the details given above are correct as per our records.
[Please note that the bank should endorse all the above details and not just put a stamp endorsing
verification of signature]
Page 72 of 94
F-10
AGREED TERMS AND CONDITIONS
Sl.No.
DESCRIPTION
Confirm that you have uploaded / submitted Price Schedule
format with rates blanked-out (i.e. price schedule format without
the prices/rates but mentioned Quoted / Not Quoted in all
relevant boxes / fields) as specified in the tender document & its
amendment / corrigendum (if any).
Confirm quoted prices are based on FOT Pata Site basis
including all charges except transit insurance.
Indicate dispatch point (Place from which material will be
dispatched)
EXCISE DUTY:
(a)
Indicate item wise present rate of excise duty applicable
extra on finished products and confirm the same is excluded
from quoted basic price and mentioned separately.
(b)
If Excise Duty is presently not applicable, confirm the
same will be borne by you in case it becomes leviable later.
(c)
In case above (a) & (b) is not acceptable, confirm
maximum rate of Excise Duty chargeable.
(d) In case of bidder is not a manufacturer, confirm whether the
transaction is on E-1 sales for passing CENVAT benefit to
GAIL
(e) If the ED is applicable (included/excluded)/ E-1 transaction
,confirm submission of CENVAT invoice for applicable ED
to enable GAIL to avail maximum CENVAT benefit and the
CENVAT amount is clearly indicated in the price schedule
for evaluation of bid on net of CENVAT basis
2
3
4
BIDDER'S CONFIRMATION
ACCEPTANCE
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
SALES TAX
CST
VAT
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
Sl.No.
DESCRIPTION
(a)
(b)
BIDDER'S CONFIRMATION
ACCEPTANCE
Yes [
Yes [
] / No [
] / No [
]
]
] / No [
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
10
11
12
13
14
15
Sl.No.
16
DESCRIPTION
BIDDER'S CONFIRMATION
ACCEPTANCE
] / No [
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
Yes [
] / No [
23
] / No [
24
] / No [
17
18
19
20
21
22
Page 75 of 94
Sl.No.
DESCRIPTION
BIDDER'S CONFIRMATION
ACCEPTANCE
Mobile Number:
Landline Number:
Confirm that you are using digital signatures for digital signing
& uploading of documents in GAIL e-tender portal as per below
mentioned class.
(a) In Case of Proprietorship / Partnership:
26
] / No [
Page 76 of 94
F-10 [A]
CHECK LIST
Sl.
A
1
2
3
4
DESCRIPTION
B
1
2
Validity of B.G./D.D.
Date on which Original EMD submitted to GAIL (if sent by Courier / Speed Post,
Please mentioned POD with Courier Company Name & Tracking No.)
BID EVALUATION CRITERIA (BEC) [Refer Appendix I to ITB]
List of Documents submitted against Technical Criteria
6
C
1
1.1
D
1
2
3
4
5
E
1
2
3
BIDDER'S
CONFIRMATION/
ACCEPTANCE
NOT APPLICABLE
Confirm that you have submitted documents (viz. single work order/purchase
order/annual rate contracts of quantity as mentioned in Technical BEC along with
its execution / completion certificate/proof of payment/inspection certificate duly Yes [
] / No [
]
mentioning details like reference no. of the work order, actual date of completion
of job and executed value etc. as per requirement of BEC).
SUBMISSION OF FOLLOWING ESSENTIAL ORIGINAL DOCUMENTS, REFER CL NO. 12 OF IFB
[WITHIN 7 DAYS FROM TENDER OPENING]
Copy of Tender Fee
Yes [
] / No [
Original EMD/Bid Security
Yes [
] / No [
]
Original Power of Attorney (in format F 5B)
Yes [
] / No [
]
Original Integrity Pact (on plain paper, Format- F11)
Yes [
] / No [
]
If sent by Courier, please mention Courier Co Name, Tracking No etc.,
SUBMISSION OF FOLLOWING ESSENTIAL DOCUMENTS IN PART-I : UN-PRICED BID:
Bid Covering letter
Yes [
] / No [
Uploaded form F6 duly filled
Yes [
] / No [
Uploaded form F11 duly filled (Integrity Pact)
Yes [
] / No [
Page 77 of 94
]
]
]
F-11
DELETED
Page 78 of 94
F-12
DECLARATION
(This certificate should be issued on the Letter Head of the Bidder)
WE CONFIIM THAT NEITHER WE, NOR OUR ALLIED AGENCY/(IES) ARE ON
BANNING LIST OF GAIL OR THE MINISTRY OF PETROLEUM AND NATURAL
GAS AND WE ARE NOT BANNED BY ANY GOVERNMENT DEPARTMENT/
PUBLIC SECTOR.
Place:
Date:
Page 79 of 94
F-13
DECLARATION REGARDING 'LIQUIDATION', ANY 'COURT RECEIVERSHIP OR
SIMILAR PROCEEDINGS OR 'BANKRUPTCY'
(This certificate should be issued on the Letter Head of the Bidder)
We confirm that we are not under 'liquidation', any 'court receivership or similar proceedings
or 'bankruptcy'.
Place:
Date:
Page 80 of 94
SECTION V
SPECIAL CONDITIONS OF CONTRACT
(SCC) & SCOPE OF SUPPLY(SOS)
Page 81 of 94
ANNEXURE IV
JOB STANDARD SPECIFICATION FOR ULTRASONIC FLOW METER
Instruction to Bidder:
1. VENDOR MUST STATE POINTWISE WHETHER THE REQUIREMENT IS ACCEPTABLE OR
NOT ACCEPTABLE TO HIM/HER IN THE VENDOR'S ACCEPTANCE COLUMN PROVIDED IN
FOLLOWING SPECIFICATION SHEET.
2. ALL THE SPECIFICATIONS/POINTS MUST BE NECESSARILY FILLED IN.ANY POINT LEFT
OUT IS DEEMED AS NOT ACCEPTED WITHOUT ANY REASON THEREOF.
SL.NO
GAIL's Requirement
Transducer shall be inserted through a nozzle and flanged fullbore ball valve assembly (with online insert retract mechanism
for probe )to be supplied by vendor. Ball Valve body material
shall be ASTM A216 WCC and trim material shall be SS316
with rating as per the line class specified in the datasheet.
Nozzle pipe/flange rating shall be as per the line class specified
in the datasheet
Type of transducer shall be acoustically impedance matched,
high Curie point, piezoelectric element.
Vendor shall provide pressure and temperature compensation
in measured flow. Pressure & Temperature compensation shall
be provided in the Ultrasonic transmitter which shall accept
external pressure and temperature signals. Vendor shall
provide pressure transmitters (of reputed make Accuracy <=
0.075%) , temperature transmitters, temperature element,
thermowell, interconnection cable etc. Pressure and
temperature transmitters shall be powered from Vendor's Flow
transmitter.
Flow Transmitter shall provide 4-20 mA HART output for
Mass flow rate (kg/hr), Volumetric flow (Nm3/hr for
gas/vapor), Pressure (kg/cm2G), Temperature (deg C)
,molecular weight, sound speed (m/s) and one spare output
along with fault and flow alarms
Vendor has to ensure that ultrasonic flow meters supplied shall
be able to communicate to universal hand held
configurator(configurator not in Vendor 's scope).
Transmitter shall be microprocessor based and shall be capable
of being configured locally using keypad or remotely using
communicator.
Page 82 of 94
VENDOR'S
ACCEPTANCE/DEVIATIONS
IF ANY
10
11
12
13
14
15
Vendor shall furnish soft copies of all the as-built drawings and
data sheets in AutoCAD/ MS Excel formats for loading in
Owner's Documentation node.
16
Page 83 of 94
17
18
****
Page 84 of 94
ANNEXURE - V
TECHNICAL SPECIFICATION FOR ULTRASONIC FLOW METER-ITEM NO.1
Instruction to Bidder:
1. VENDOR MUST STATE POINTWISE WHETHER THE SPECIFICATION IS ACCEPTABLE
OR NOT ACCEPTABLE TO HIM/HER IN THE VENDOR'S ACCEPTANCE COLUMN
PROVIDED IN TECHNICAL SPECIFICATION "ANNEXURE - V".
2. ALL THE SPECIFICATIONS/POINTS MUST BE NECESSARILY FILLED IN.ANY POINT
LEFT OUT IS DEEMED AS NOT ACCEPTED WITHOUT ANY REASON THEREOF.
3. RELEVANT COMPLETE TECHNICAL LITERATURE HAS TO BE ENCLOSED FOR
EVERY OFFERED MODEL OTHERWISE BID WILL BE SUMMARILY REJECTED.
SL.
NO.
SPECIFICATION
Purpose
Tag Number
Line No./
Equipment No.
Service
Line Size &
Sch./Thk.
Type of
Instrument
General
4
5
6
Electrical Area
Classification
7
8
9
10
11
12
13
14
Meter /
Transducer
Type of Probe |
No. of Probes
End Conn. Size :
Size & Rating
Facing & Finish
Flow Constant
(Pulses / m3)
Flow Range
(kg/h(nor))
Cable Entry
Material - Body |
End Connection
REQUIREMENT
Flare Gas
Ultrasonic Mass
Flow; Capable to
measure Measures
velocity, volumetric
and Mass flow
1FT-7501
48"FLW 97506
A1A
HC - FLARE
48" A1A
Transit time
ultrasonic
IEC Zone 2 Gr.
IIA/IIB/IIC, Temp.
Class T3
Retractable, (Note1)
3'',150#,(Note-2)
RF,125AARH
Vendor To specify
0 - 470748 Kg/Hr(
NOTE 3)
Vendor To specify
The probe /
transducer material
shall be Titanium or
Page 85 of 94
VENDOR'S
ACCEPTANCE/DEVIATIONS,IF
ANY
Better
Length of
Element /
Transducer
Bi-Directional
Flow
measurement
15
16
17
Accuracy
Linearity |
Repeatability
PREAMPLIFIER :
18
19
20
Type
Mounting /
Location
Enclosure
Intrinsically safe
| Ex-Proof
Dist. between
Meter&Remote
Loc.
21
22
23
24
25
27
28
29
30
Not Required
better than 5.0%
of Reading
better than 1%
Required, (Note-4)
Built in with
transmitter
Field
Note-5
EX-proof Ex(d)
Note-6
TRANSMITTER :
Preamplifier &
Transmitter
26
Vendor To specify
Output
Two 4 to 20 mA
outputs & One
frequency outputs,
which can be
configured for Mass
Flow, Volumetric
Flow and Molecular
Weights. HART
shall be available to
carry Mass Flow
Rate (kg/hr),
Volumetric Flow
(Nm3/hr), Pressure
(kg/cm2G),
Temperature (deg
C), Molecular
Weight & Sound
Speed
Note-7
110 VAC UPS
Note-5
EX-proof Ex(d)
Page 86 of 94
| Ex-Proof
31
Mounting
32
Turndown Ratio
| Output Update
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
Service
Conditions
Tapping
Field Remote
mounted
Atleast 3000 to 1
turndown; The
Output update shall
be better than once
in 5 sec.
GAS/VAPOUR
50 - 470748 Kg/Hr
Amb. \ 150
0.6 TO 0.99 \ 16
TO 22.2
0.98 TO 0.99
0.01 TO 0.015
NEGLIGIBLE
(note-8)
H2S AND
MOISTURE
Hot Tapping by
Gail / Vendor to
provide Isometric
and other relevant
data
OPTIONS :
i) Retractable
probes
Certification ii) Meter Runs
iii) Pressure Tap
on Meter body
Statutory
Acceptance to
Annexure B2
Others
Manufacturer
Required
Not Required
Required
PESO/CCOE
Standard Spec for
UFM
Vendor To specify
Page 87 of 94
50
51
Model No.
Supervision to
Installation and
commissioning
Vendor To specify
Vendor scope
NOTES:
1
2
Vendor shall provide Single path as a minimum, in case more number of paths are required to
meet the accuracy the same shall be provided by vendor. The same shall be indicated along
with offer. Probe shall be inline and insertion type.
Bidder shall provide mounting details with the offer including orientation of probes &
connections
Vendor shall confirm and select the flowmeter range to cover the minimum, normal and
maximum flow. The required accuracy must be valid in range 250-470000 kg/hr
Weather proof to IP-65 as per IEC-60529/IS-13947 and certified to flame proof Ex(d) to area
classification IEC Zone 1Gr. IIA/IIB/IIC
Cable entry size 1.5" NPTF for output signals (1 for Flow signal & 1 for alarm) and 3/4"
NPTF connection for power supply shall be considered.
Vendor to indicate maximum pressure drop caused by flowmeter installation in the pipe.
******
Page 88 of 94
ANNEXURE-VI
TECHNICAL SPECIFICATION FOR ULTRASONIC FLOW METER-ITEM NO.2
Instruction to Bidder:
1. VENDOR MUST STATE POINTWISE WHETHER THE SPECIFICATION IS
ACCEPTABLE OR NOT ACCEPTABLE TO HIM/HER IN THE VENDOR'S
ACCEPTANCE COLUMN PROVIDED IN FOLLOWING SPECIFICATION SHEET.
2. ALL THE SPECIFICATIONS/POINTS MUST BE NECESSARILY FILLED IN.ANY POINT
LEFT OUT IS DEEMED AS NOT ACCEPTED WITHOUT ANY REASON THEREOF.
3. RELEVANT COMPLETE TECHNICAL LITERATURE HAS TO BE ENCLOSED FOR
EVERY OFFERED MODEL OTHERWISE BID WILL BE SUMMARILY REJECTED.
SL.
No.
SPECIFICATION
Purpose
Tag Number
Line No./
Equipment No.
3
4
General
Service
Type of
Instrument
Electrical Area
Classification
8
9
10
11
12
13
14
Meter /
Transducer
Type of Probe |
No. of Probes
End Conn. Size :
Size & Rating
Facing & Finish
Flow Constant
(Pulses / m3)
Flow Range
(kg/hr)
Cable Entry
Material - Body |
End Connection
REQUIREMENT
Flare Gas
Ultrasonic Mass
Flow; Capable to
measure Measures
velocity, volumetric
and mass flow
08-FI-5004
40"-FL-08-5001A4A
NATURAL GAS (
RICH/ LEAN)
40" / STD.
SCHEDULE ( 9.53
MM THICKNESS)
Transit time
ultrasonic
IEC Zone 2
Gr.IIA/IIB/IIC,
Temp. Class T3
Retractable, (Note1)
3'',150#,(Note-2)
RF,125AARH
Vendor To specify
NOTE 3
Vendor To specify
The probe /
transducer material
Page 89 of 94
VENDOR'S
ACCEPTANCE/DEVIATIONS,IF
ANY
shall be Titanium or
Better
Length of
Element /
Transducer
Bi-Directional
Flow
measurement
15
16
17
Accuracy
Linearity |
Repeatability
PREAMPLIFIER :
18
19
20
Type
Mounting /
Location
Enclosure
Intrinsically safe |
Ex-Proof
Dist. between
Meter & Remote
Loc.
TRANSMITTER :
21
22
23
24
25
Preamplifier &
Transmitter
26
27
28
29
30
Output
Vendor To specify
Not Required
better than 5.0%
of Reading
better than 1%
Required, (Note-4)
Built in with
transmitter
Field
Note-5
EX-proof Ex(d)
Note-6
Two 4 to 20 mA
outputs & one
frequency outputs,
which can be
configured for Mass
Flow, Volumetric
Flow and Molecular
Weights. HART
shall be available to
carry Mass Flow
Rate (kg/hr),
Volumetric Flow
(Nm3/hr), Pressure
(kg/cm2G),
Temperature (deg
C), Molecular
Weight & Sound
Speed
Note-7
110 VAC UPS
Note-5
EX-proof Ex(d)
Page 90 of 94
Ex-Proof
31
Mounting
32
Turndown Ratio |
Output Update
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Field Remote
mounted
Atleast 3000 to 1
turndown; The
Output update shall
be better than once
in 5 sec.
GAS/VAPOUR
48
49
50
51
1
2
Others
Acceptance to
Annexure B2
Manufacturer
Model No.
Supervision to
Installation and
commissioning
NOTES:
Vendor shall provide Single path as a minimum, in case more number of paths are required to
meet the accuracy the same shall be provided by vendor. The same shall be indicated along
with offer. Probe shall be inline and insertion type.
Bidder shall provide mounting details with the offer including orientation of probes &
connections
Vendor shall confirm and select the flowmeter range to cover the minimum, normal and
maximum flow. The required accuracy shall be valid from 136 to 400000 kg/hr
Weather proof to IP-65 as per IEC-60529/IS-13947 and certified to flame proof Ex(d) to area
classification IEC Zone 1Gr. IIA/IIB/IIC
Cable entry size 1.5" NPTF for output signals (1 for signal & 1 for alarm) and 3/4" NPTF
connection for power supply shall be considered.
Vendor to indicate maximum pressure drop caused by flowmeter installation in the pipe.
******
Page 92 of 94
To,
____________________________________________________________
Sub.: ULTRASONIC FLOW METERS
Dear Sir(s)/Madam,
GAIL(India) Ltd. invites you to submit your offer in sealed envelope, superscribing RFQ No. &
Due date for the following item(s) in complete accordance with enquiry documents/attachments:
-----------------------------------------------------------S. No
QTY
Unit Price
(in figures & words)
Amount
-----------------------------------------------------------Group : 1
FLOW METER
TYPE: ULTRASONIC
SUPPLEMENTARY REQUIREMENTS:
ADDITIONAL REQUIREMENTS:
1
8116100401
<SET>
1
________
________
FLOW METER,FLARE GAS,ULTRASONIC,INSERT;
FLOW METER,TYPE: ULTRASONIC INSERTION ,
SERVICE: FLARE GAS,ACCURCY 2 % ,FLOW
METER,TYPE: ULTRASONIC,CONNECTION TYPE:
SINGLE PROBE INSERTION TYPE, END
CONNECTION 3 INCH CLASS 150
THE ABOVE ITEM DESCRIPTION TO BE READ IN CONJUNCTION WITH THE
ADDITIONAL DETAILS AS GIVEN BELOW :
"DETAILED TECHNICAL SPECIFICATIONS AS PER ANNEXURE V &
STANDARD SPECIFICATION AS PER ANNEXURE IV
8116100411
<SET>
________
________
____________________________________________________________
FLOW METER, NATURAL GAS, ULTRASONIC
ULTRASONIC MASS FLOW METER, SERVICE:
NATURAL GAS, TYPE: BUILT IN WITH
TRANSMITTER, FIELD MOUNTED REMOTE LCD
DISPLAY UNIT, 4 TO 20 mA HART OUTPUT;
PROBE TYPE: RETRACTABLE, END
CONNECTION: 3 INCH 150#; EACH SET
CONSISTS OF PAIR OF TRANSDUCERS,
INSERTION MECHANISM FOR EACH CHANNEL
WITH SPECIAL CABLES, AND DIGITAL FLOW
TRANSMITTER
DETAILED TECHNICAL SPECIFICATIONS AS PER ANNEXURE-VI ,STANDARD
SPECIFICATION AS PER ANNEXURE-IV
-----------------------------------------------------------------------------------------------------------------------
Date :03.12.2015
GAIL/PA15/58974/TB
:
:
:
:
Commercial Terms
Offered Discount
ED
Bidder's Confirmation
( % or Value )
With Form 'C'
CST/VAT
Transit Insurance
(If Applicable)
10
Payment Terms
11
Delivery Schedule
12
13
Warranty Terms
SECTION VI
GENERAL CONDITIONS OF CONTRACT
(GCC GOODS)
(Attached Separately as PDF)
Page 93 of 94
SECTION VII
PRICE SCHEDULE
[Note: Price schedule in MS Excel to be
downloaded from e-tender portal under
Step 3: See Notes and Attachments
Attachments/SOR]
Page 94 of 94