GAIL Gas Limited

(A wholly owned subsidiary of GAIL (India) Ltd)

Engineering and Project Management

Consultancy Services for CGD Project at
Dewas, Kota, Sonipat & Meerut.

Under Open Domestic Bidding through E-Tendering

e-Tender No: 6000000156

BIDDING DOCUMENT NO:

GAIL GAS/NOIDA/CGD/EPMC/12/ 6000000156/
2012-13

Office: A-1 , Sector-2, Noida-201301(UP)

1
 TABLE OF CONTENTS

SL. NO. DESCRIPTION

SECTION – 1 NOTICE INVITING TENDER, CUT-OUT SLIP & IFB

SECTION - 2 INSTRUCTIONS TO BIDDER

SECTION - 3 GENERAL CONDITIONS OF CONTRACT

SECTION - 4 SCOPE OF WORK, DELIVERABLES & SPECIAL CONDITIONS

OF CONTRACT

SECTION - 5 SCHEDULE OF RATES

SECTION - 6 ANNEXURES

A- BID FORM

B- CONTRACT AGREEMENT FORM

C– PROFORMA OF PERFORMANCE SECURITY

(CONTRACT PERFORMANCE BANK GUARANTEE)

D– AGREED TERMS AND CONDITIONS

E- PROFORMA OF LETTER OF AUTHORITY FOR

ATTENDING THE BID OPENING AND SIGNING THE
AGREEMENT

F- DETAILS OF THE EXPERIENCE

G- ANNUAL TURNOVER

H. DISCLAIMER

I- CHECKLIST FOR SUBMISSIONS/COMPLIANCE OF

ITB, GCC AND SCOPE OF WORK

J- PERFORMANCE EVALUATION

K- CERTIFICATE OF AUTHENTICITY BY STATUTORY

AUDITOR/CHARTERED ACCOUNTANT

2
SECTION 1

3
 GAIL Gas Limited
REQUEST FOR QUOTATION

No.GAIL GAS/NOIDA/CGD/EPMC/12/6000000156/2012-13 Dated: 08/08/2012

To,
_____________________
_____________________
_____________________

Dear Sirs,

SUB: ENGINEERING PROJECT MANAGEMENT CONSULTANCY (PMC)

&
SERVICES FOR CITY GAS DISTRIBUTION PROJECT AT KOTA , SONIPAT
,DEWAS & MEERUT.

EBID DOCUMENT NO. : 6000000156

1.0 GAIL Gas Limited, invites sealed bids for ENGINEERING & PROJECT
MANAGEMENT CONSULTANCY (PMC) SERVICES FOR CITY GAS
DISTRIBUTION PROJECT AT DEWAS ,KOTA , SONIPAT & MEERUT, under
single stage two bid system through e-tendering from competent agencies meeting the
Bidder’s Eligibility Criteria.

2.0 The brief scope of work is as under:

The Scope of work is as defined in Section -4, Part -1 of the bid document.

EPMC is expected to maintain continuity for both procurement and works packages
from the ongoing CGD works in the four cities by the existing consultant. EPMC is
required to put Manpower and resources accordingly to complete the present scope as
well as the ongoing activities under various existing contracts. EPMC is required to
work simultaneously in various procurement / works packages and make strong
efforts to execute the project on & before the target date of commissioning.

The date of handing over of closure report of all the order(s) placed by Project
Management Consultancy against subject order shall be the date of completion of
subject order.

2.1 Bid Evaluation Criteria

2.1.1 Technical Criteria:

2.1.1.1 Bidder should have executed at least one job of Engineering and Project
Management Consultancy services for implementation of City Gas Distribution
Project to supply PNG (Piped Natural Gas) to domestic, commercial & industrial
sectors and CNG (Compressed Natural Gas) to automobiles consumers having steel
pipe network of minimum 20 kms , in any of the preceding 5 years.
OR
2.1.1.2 Bidder should have executed at least one job of Engineering and Project
Management Consultancy services for cross country pipeline of pipe size not less

4
 than 8 Inch diameter and minimum length 50 Kms in hydrocarbon sector, in any of
the preceding 5 years.

2.1.2 Financial Criteria:

2.1.2.1 The Annual Turnover of the Bidder should be at least Rs. 118.70 Lakhs (Rupees
One Hundred Eighteen Lakhs ,Seventy Thousand only), as per their audited
Financial statements, in any of the 3 preceding financial years (i.e. 2008-09/ 2009-
10/ 2010-11 ).
Bidder should furnish documentary evidence (copies of, Work
Orders/P.O/Agreements etc along with its Completion/Execution Certificates for
the relevant order having cross reference of the Order (s) , Audited Balance Sheet,
etc.) to substantiate their eligibility against the above technical as well as financial
evaluation criteria along with the bid. The above documents should be submitted
duly notarized. In addition , the above for the purpose of authentication all the
documents shall necessarily be certified by Statutory auditors of the bidder or
Chartered Accountant where audit of accounts is not mandatory as per law, as per
the formats enclosed at Annexure-K (Section-6).

3 The bidder who has been put on holiday/black listed by GAIL /GAIL Gas or any
Government Department/Public Sector shall not be eligible for bidding. Bidders are
required to submit a declaration that they have not been put on holiday/black listed by
GAIL GAS or any Government Department/Public Sector.

4 BRIEF DETAILS OF BID DOCUMENT

i) Bid Document No. : 6000000156

ii) Mode of tendering : Open Domestic Bidding through e-Tendering

(Physical Bids will not be accepted)

iii) Bid Security/Earnest : Not Applicable

Money Deposit (EMD)

iv) Date of Pre-Bid : 22.08.2012 at 1100 hrs. (IST)

Conference

v) Due date and time for : 19.09.2012, 1400 hrs. (IST)

submission of bids

vi) Date and time for : 19.09.2012, 1500 hrs. (IST)

opening of un-priced bids

vii) Contract Period : The contract shall be valid for 2 year from the date of
issue of FOI.

viii) Venue of Pre-Bid : GAIL Gas Limited,

Conference & A1, Sector – 2 ,
Bid submission Noida -201 301,UP

ix) Contact Persons : Mr. J S Puri, Gen. Manager (C&P)

E-mail: jspuri@gail.co.in

5
 x) Alternate Contact Persons : Mr. T K Xalxo, Ch. Manager (C&P)
E-mail: txalxo@gail.co.in

xi) Tender Fees : Rs1,500.00 in the form of Demand Draft in Favor of

GAIL Gas Ltd payable at Noida

If any of the days specified above happens to be a holiday in GAIL GAS, the next
working day shall be implied.

5 Bidders are requsted to attend the Pre-Bid conference so that their queries ,if any,
related to the tender Document and Scope of work can be addressed during the
meeting.

6 Bid document fee (in physical form) may be submitted on or before bid submission date
& time in the shape of crossed Demand Draft having a validity of six months duly
issued by a first class international bank or an Indian nationalized/scheduled bank in
favour of ‘GAIL Gas Limited’ payable at ‘Noida’ either in person or through
post/courier.

7 Bidders are required to submit the bid document/tender fee in original in the prescribed
formats and in the manner prescribed above at the time of bid submission in sealed
envelope. However, if the bidder is unable to submit tender fee in original on the due
date, they may upload a scanned copy of the tender fee while submitting the bid
electronically, provided the original tender fee, copy of which has been uploaded, is
received by GAIL Gas within 7 days from the date of unpriced bid opening, failing
which the bid will be rejected irrespective of their status/ranking in tender and
notwithstanding the fact that a copy of tender fee was earlier uploaded by bidder.

8 Only Tender Fee and Power of Attorney shall be submitted in original in physical form
on or before bid due date.

9 The Government Departments / Central Public Sector Undertakings are exempted from
payment of Bid Document fee. Firms registered with NSIC will be exempted from the
payment of Bid Document fee provided they are registered upto the required monetary
limit and / or the items they intend to quote. In the event the tender is cancelled, the bid
document fee will be refunded to the concerned Bidder.

10 Purchase preference to Central Public Sector Undertakings as admissible under the

prevailing Government of India policy shall be applicable.

11 This is a ZERO Deviation Bidding Document. Bidder is to ensure compliance of all

provisions of the Bidding Document and submit their bid accordingly. Bid with any
deviation to the bid conditions shall be liable for rejection.

12 Bid is to be submitted on our E-Tendering website ( https://etendergailgas.gail.co.in) .

Bidders shall submit their bids i.e. UN- PRICED Bid in Technical Document folder of
e- tendering system and Price Bid in SRM as attachment. We have enclosed format for
Schedule of Rates as an MS Excel attachment. Bidders are requested to down load
the same and quote their prices strictly as per the format without altering its
contents.

GAIL Gas will appreciate submission of offer based on the terms and conditions in the
enclosed Conditions of the Contract to avoid wastage of time and money in seeking
clarifications on commercial aspects of the offer.

6
13 The bid will be submitted in two parts as follows:

PART- I (PART – A-UN-PRICED BID (to be submitted on Technical Document

Folders of e-tendering system) Complete with all technical details other than price
along with TENDER duly signed with seal.

PART-II (PART B - PRICED BID to be submitted as an SRM attachment )

Price bid should contain only the prices, without any condition whatsoever.

It should contain only the schedule of rates complete with rates duly filled in and no
terms & conditions should be put in priced bid. Priced bid containing any new/fresh
conditions (not mentioned in the un-priced bid) shall be liable for rejection.

14 Bids complete in all respects should submitted on or before due date and time of Last
date of Bid submission. Bids can not be submitted after the due date and time.

15 Bids should be valid for 4 months from the bid due date.
16 Only the Bids submitted on our E-tendering system will be considered for evaluation.
17 Physical Bids sent through Fax/E-mail/Courier /Post will not be acceptable.
Bidder(s) are advised to quote strictly as per terms and conditions of the tender
documents and not to stipulate any deviations/exceptions.

18 GAIL Gas reserves the right to accept or reject any or all tenders received at its absolute
discretion without assigning any reason whatsoever.
THIS IS NOT AN ORDER.
Yours faithfully,
FOR GAIL GAS LTD.

GM (C&P)
E-mail : jspuri@gail.co.in

7
CUT- OUT SLIPS

8
 FOR DEPOSITING TENDER FEE & POWER OF ATTORNEY

DO NOT OPEN – THIS IS PART OF QUOTATION

ITEM : ENGINEERING & PROJECT MANAGEMENT CONSULTANCY SERVICES FOR

CGD PROJECT AT DEWAS,KOTA,SONIPAT & MEERUT

BID DOCUMENT NO.: 6000000156

DUE DATE : Within 1400 Hours ( IST ) on 19.08.2012

FROM: TO:
M/s. GENERAL MANAGER (C&P)
GAIL GAS LIMITED
A1,SECTOR-2,
NOIDA-201 301

(TO BE PASTED ON THE ENVELOPE CONTAINING TENDER FEE & POWER OF

ATTORNEY)

9
 Addendum to ITB
Addendum to Instruction To Bidders

Instructions to Bidders for participation in e-Procurement

GAIL Gas Ltd., has developed a secured and user friendly system which will enable
Vendors/Bidders to Search, View, Download tenders directly from GAIL Gas Ltd. secured website
and also enables them to participate and submit Online Bids/Offers in the E-Procurement site directly
from the website in secured and transparent manner maintaining confidentiality and security
throughout the tender evaluation process and award.

Bidders are requested to read following conditions in conjunction with various conditions, wherever
applicable appearing with this bid invitation for e-Procurement. The conditions mentioned here in
under shall supersede and shall prevail over the conditions enumerated elsewhere in the Bid
Document.

1) HOW TO SUBMIT ON-LINE BIDS/OFFERS ELECTRONICALLY AGAINST E-

PROCUREMENT TENDERS?

Vendor/Bidder who wish to participate for E-tenders which are uploaded on GAIL Gas Ltd.
Website https://etendergailgas.gail.co.in should follow the following steps which shall
permit them to Search, Display/View, Download and Submit their electronic Bids/Offers
online in a secured manner ensuring confidentiality.

Vendors/Bidders are advised to read the following instructions for participating in the
electronic tenders directly through Internet:

i) No Late and delayed Bids/Offers after due date/time shall be permitted in e-

Tendering system. Time being displayed on our e-Tendering System shall be final
binding on bidder and bids have to be submitted by bidder(s) considering this time
only and not the time as per their location / country. No bid can be submitted after the
last date and time of submission has reached, however if bidder intends to change the bid
already entered may change/revise the same on or before the last date and time of
submission deadline .The system time (IST) that will be displayed on e-Procurement
webpage shall be the time and no other time shall be taken into cognizance.

ii) Bidders are advised in their own interest to ensure that bids are uploaded in e-
Procurement system well before the closing date and time of bid.

iii) No bid can be modified after the dead line for submission of bids.

iv) No Manual Bids/Offers shall be permitted. The offers submitted through e-

tendering system shall only be considered for evaluation.

2) HOW TO SEARCH, VIEW AND DOWNLOAD E-TENDER?

Vendors/Bidders must go to e-tender website https://etendergailgas.gail.co.in and logon

using their user-id and password. In the case of vendors not possessing the User Id and
Password , they can access through Guest Login as guest. This facilitates viewing of tenders
in display mode in Collaboration folder (C Folder). If the vendor desires to download the NIT
and attached e-tender at this stage, he may download the same for viewing free of cost.

Note: All e-tender notices and Bid Documents are available only in soft copies such as
Microsoft Word, Excel ,PDF files. For downloading / viewing PDF files use Adobe 6

10
 Software utility which can be installed free of cost from Vendors home page link by any
vendor onto his own computer.

3) PARTICIPATION IN BID, REQUEST FOR USER ID and PASSWORD:

To participate in Bid submission, it is Mandatory on the part of Vendor(s) to have User ID

and Password. To obtain User ID and Password Vendor/Bidder must open
https://etendergailgas.gail.co.in site and perform the following steps:

i) Click on button Request User ID (For new Bidders)

ii) Fill the on line form and submit. Ensure that the email address given in the form is valid
and active. If you have already been provided with the Vendor Code of GAIL Gas, please
mention the 10 digit Vendor code in specified field , Otherwise leave blank.
iii) Ensure that all the mandatory fields( identified with a star mark) are filled in application
form for User ID creation.

e-Procurement administrator would take possible care to allot an User id and Password
within 4 working days .An Email ( system generated) shall be sent to your email – Id (
mentioned by you in the Registration form) giving details of your User- ID and password. On
Receipt of User Id, Please reset the password immediately by logging to our E-tendering site.

User Id and passwords are unique to each vendor and the vendor can use the same to
view/download/participate in all e-tenders of GAIL Gas.

Note: Without login registration I.D vendor cannot participate in e-tender. There will be
single login I.D permission for one single vendor. There can be more than one I.D for the
same vendor at different location address.

Obtaining User Id is an on-going process and is not linked to any particular Bid Invitation
(tender). Any vendor willing to participate in GAIL Gas tenders can obtain User Id as
described above. Each vendor will get one user id. Vendors are requested to designate one
officer from their organization who will submit bids on line.

Vendors are advised to apply for user id at least 7 days prior to the last date of bid submission
in their own interests. User ids shall be given within 4 days subject to condition that
information furnished by the bidder is complete in all respect. GAIL Gas shall not be
responsible for any delays in allocation of user id/password and the ensuing consequences
including but not limited to timely submission of bids.

4) WHAT IS A DIGITAL SIGNATURE?

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 trusted Certifying
Authorities(CA) who in turn allot on a regular basis Digital Certificates. Documents which
are signed digitally are legally valid documents as per the Indian I T Act (2000).

5) WHY IS A DIGITAL SIGNATURE REQUIRED?

In order to bid for GAIL GAS Gas e-tenders all the vendors are required to obtain a legally
valid Digital Certificate as per Indian IT Act from the licensed Certifying Authorities (CA)
operating under the Root Certifying Authority of India (RCAI), Controller of Certifying
Authorities (CCA) of India.

6) HOW TO OBTAIN DIGITAL CERTIFICATE FROM CERTIFYING AUTHORITY

(CA)?

11
 Vendors/Bidders cannot submit online Bids/Offers under e-tenders without obtaining valid
Digital Certificate from Certifying Agency(C.A). A hyperlink on Vendor/Bidder home page
gives link to Controller of Certifying Agency’s (C.C.A.) website from there the bidder can
access web sites of various CA sites, using the links provided. One Digital Certificate is valid
for specified period and can be used for signing any number of quotations against enquiries
issued by GAIL Gas during such validity period.

Note: In terms of I.T Act 2000, only a digitally signed document will be considered as valid
signed document.

The Digital Certificate is issued by C. A. in the name of a person authorized for filing
Bids/Offers on behalf of his Company. The certificate is installed / stored in his computer or
preferably received by him (his authorized person) in form as USB token. a Vendor/Bidder
can submit their Bids/Offers On-line only after digitally signing the bid/documents with the
above allotted Digital Signatures.

7) STEPS FOR OBTAINING DIGITAL CERTIFICATE :

Digital Certificate can be obtained by the following steps:

i) Visit the site of the licensed CA* using internet browser.

ii) Apply for a class 3 Digital Certificate for the designated individual with the name of
Organization. Ensure the Digital Certificate is legally valid in India.
iii) For making payment and submission of documents required for issue of the Digital
Certificate , follow the instructions on the CA's website.
iv) Use the class 3 Digital Certificate thus obtained for online bidding on GAIL Gas e-
Procurement site.
*Links to some licensed CA's are provided below
1. http://www.ncodesolutions.com
2. http://www.safescrypt.com/
3. http://www.tcs-ca.tcs.co.in/
4. http://www.mtnltrustline.com/

8) PRE-BID MEETING:

During the pre-bid meeting, GAIL Gas may also arrange demonstration of the e-Procurement
portal to the interested vendors.

9) BID SECURITY:

Bidders are required to submit the Bid Security amount in original as per clause 16 of
Instruction to Bidders either in person or through courier in Sealed Envelope super scribing
the description of Bid Document , Bid Document No. etc. as per clause 11 below.

10) BID DOCUMENT FEE: Bid document fee in the shape of Demand Draft or Banker’s
Cheque in favour of GAIL Gas Ltd and payable at Noida should be submitted either in person
or through courier in Sealed Envelope super scribing the description of Bid Document , Bid
Document No. etc. as per clause 11 below.

11) SUBMISSION OF DOCUMENTS:

Bidders are required to upload all Tender forms and supporting documents which form part
of the bid/tender in the e-Procurement (Technical Document,C-Folders) site only. However,
documents specified to be submitted physically viz: Bid Security, Power of Attorney from
competent official in favour of person(s) signing the bid need to be submitted in a sealed
envelope in accordance with the method described in RFQ. The same should reach GAIL
Gas Limited, In-Charge (C&P), A1,Sector-2, Noida-201301, India (cut -out slip placed

12
 below) on or before the Bid due date & time fixed for receipt of bids. Bidder shall ensure
that all the documents relevant to bid are uploaded in time and failure to upload the same
before bid submission date is the sole responsibility of bidder. Under no circumstances, GAIL
Gas shall entertain any request for acceptance of bid documents in physical form, which were
required to be uploaded in e-form. Bidders are required to submit the Bid Security in original
in the prescribed formats and in the manner prescribed in the bid document in sealed
envelope on or before the time of bid submission. However, if the bidder is unable to submit
Bid Security and Tender Fee (if not submitted on or before pre-bid meeting) in original on the
due date, he should upload a scanned copy of the Bid Security and Tender fee while
submitting the bid electronically, provided the original Bid Security, copy of which has
been uploaded, is received within 7 days from the date of unpriced bid opening, failing which
the bid will be rejected irrespective of their status/ranking in tender and notwithstanding the
fact that a copy of Bid Security was earlier uploaded by the bidder.

Note:
i) Bidder is required to save/store their bid documents for each item into their computers
before submitting their bid into e-tendering system by pressing the Hold Button.

ii) Bidder is required to fill up the price/rate strictly in the Schedule of Rate(SOR) attached
with the tender.

Inadvertently, if a document is uploaded in Technical document Folder (C Folder) by the

bidders, such document can be deleted by the Bidder and in it’s place a new/modified
document can be uploaded. The new/modified document will be required to be signed
digitally. Where two similar documents are existing in the folder, the latest version of the
document shall only be taken into cognizance for evaluation and earlier versions shall be
ignored. Bidders are requested to upload small sized documents preferably ( upto 2 MB) at a
time to facilitate easy uploading into e-Procurement site. GAIL Gas does not take any
responsibility in case of failure of the bidder to upload the documents within specified time of
tender submission.

12) PRICES, OTHER DOCUMENTS AND DIGITAL SIGNATURE:

The Prices are to be submitted online strictly as per the Schedule of Rates(SOR). GAIL Gas
shall not be responsible for any failure on the part of the bidder to follow the instructions.

Un-priced techno-commercial bid document should be placed in the private area earmarked
in the C-folder.

Before the bid is uploaded, the bid comprising of all attached documents should be digitally
signed using digital signatures issued by an acceptable Certifying Authority (CA) in
accordance with the Indian IT Act 2000. If any modifications are required to be made to a
document after attaching digital signatures, the digital signature shall again be attached to the
modified documents before uploading the same.

The Authenticity of above digital signatures shall be verified through authorized CA after bid
opening and in case the digital signature is not authorized/valid, the bid will be rejected.
Bidder shall be responsible for ensuring the validity of digital signatures and proper usage of
the same by responsible persons who can bind the bidder. Scanned copy of Power of
Attorney of the signatory issued by the bidding company should be submitted on line along
with other documents as per tender conditions.

BIDDERS SHALL OBTAIN THE DIGITAL CERTIFICATE DIRECTLY FROM

CERTIFYING AUTHOIRITY ( CA) ONLY AND DIGITAL CERTIFICATE ISSUED BY
SUB CA / AGENT WILL NOT BE COMPATATIBLE WITH OUR e-TENDERING
SYSTEM.

13
 *Links to some licensed CA's IN India are provided below. Forein Bidders may obtain
the Digital certificate from these CAs.
1 http://www.ncodesolutions.com
2 http://www.safescrypt.com/
3 http://www.tcs-ca.tcs.co.in/
4 http://www.mtnltrustline.com/

13) PRICES:

The bidder needs to enter the prices on line strictly as per the SOR format provided in our E-
Tender. No new conditions shall be added by the bidder.

14) SUBMISSION AND OPENING OF BIDS:

The bid along with all the copies of documents should be submitted in e-form only through
GAIL Gas e-Procurement portal.

15) LAST DATE FOR SUBMISSION / RECEIPT OF BIDS:

System does not allow for submission / receipt of bids beyond the deadline for bid
submission. However, if the bidder for some reason intends to change the bid already entered,
he may change/revise the same on or before the last date and time of submission. The system
time displayed on GAIL Gas e-Procurement webpage shall be final and binding on the
bidders for all purposes pertaining to various events of the subject tender and no other time
shall be taken into cognizance.

Bidders are advised in their own interest to ensure that bids are uploaded in e-Procurement
system well before the closing date and time of bid.

Bidders must use any computer having Windows 2000 or Windows XP versions or higher
of Window operating system and an internet Web Browser version Internet explorer V6.0 or
higher recommended.

16) PROXY:
If any bidder is unable to access GAIL Gas e-Procurement site or Bid Documents, the bidder
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 443 and Port 8443 should be enabled on proxy/firewall for HTTPS connectivity.
Dial-up internet connectivity without Proxy settings is another option.

17) CONTACT PERSON:

Sh. T K Xalxo, Ch. Manager(C&P), email: txalxo@gail.co.in

18) READY RECKONER FOR E-TENDERING:

A ready reckoner for Vendors/E-bidders is available on the website for reference/guidance.

14
 SECTION - 2

Instructions to Bidders (ITB)

15
 Index

Article Title
i) General
1. Cost of Bidding
2. Bid Document
3. Clarification of tenders
4. Amendment of tenders
5. Language of Bid
6. Documents Comprising the Bids
7. Bid Form
8. Bid Price
9. Bid Currencies
10. Period of Validity of Bids
11. Format and Signing of Bid
12. Preparation and Submission of bids
13. Bid Due Date
14. Late Bids
15. Modification and Withdrawal of Bids
16. Opening of Bids by GAIL GAS
17. Evaluation of bids
18. Opening of Price Bid
19. Comparison of Bids
20. Contacting GAIL GAS
21. Award Criteria
22. GAIL GAS’s Right to accept any Bid and to reject any or all Bids
23. Notification of Award
24. Acceptance of Order
25. Income Tax Liability
26. Agreement
27. Invoice & payment
28. GAIL GAS’s Bankers
29. Integrity Pact
30. Pre-bid Meeting
31. Corrupt or Fraudulent Practices

16
1.0 ARTICLE (i): GENERAL:

1.1 Scope of Bid

1.1.1 The Employer, as defined in the General Conditions of Contract, hereinafter “the
Employer”, wishes to receive bids for the Work as described in Section IV, hereinafter referred to as
“the Works.”

1.1.2. Scope of work: The scope of work shall be as defined in the bidding document.

1.1.3 The successful bidder will be expected to complete the Works within the period stated in
Special Conditions of Contract.

1.1.4 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.

1.2 Eligible Bidders

2.1 Bidders shall, as part of their bid, submit duly executed power of attorney authorizing the
signatory of the bid to bind the bidder.

2.2 This invitation for bid is open to any bidder.

2.3 A bidder shall not be affiliated with a firm or entity

(i) that has provided consulting services related to the Works to the Employer during the
preparatory stages of the Works or of the Project of which the Works form a part, or
(ii) that has been hired (or is proposed to be hired) by the Employer as Engineer/
Consultant for the contract.

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 The bidder is not put on holiday by GAIL/GAIL GAS or black listed by any Government
Department / Public Sector.

2.6 Job executed by a bidder for its own concern can not be considered as experience for Bid
Evaluation Criteria.

1.3 A bidder shall submit only one bid in the same bidding process. Alternate bids are not
acceptable.

2.0 INSTRUCTIONS TO BIDDERS

2.1.0 ARTICLE - 1: COST OF BIDDING

2.1.1 The bidder shall bear all costs associated with the preparation and submission of the bid, and
GAIL GAS , will in no case, be responsible or liable for these costs, regardless of the conduct
or outcome of the bidding process.

2.2.0 ARTICLE - 2: BID DOCUMENT

2.2.1 The bidder is expected to examine all instructions, forms, terms and specifications in the bid
document. 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

17
 responsive to the bidding documents in every respect will be at bidder’s risk and may result in
the rejection of his bid. Bidder must post the Agreed Terms and Conditions (as per Annexure
- D), duly filled in, along with original TENDER issued by GAIL GAS.

The services required, bidding procedure and Contract Terms are prescribed in the TENDER.

2.3.0 ARTICLE - 3: CLARIFICATION OF TENDER

2.3.1 A prospective bidder requiring any clarification of the Bidding Documents may notify GAIL
GAS in writing or by fax or cable at GAIL GAS’s mailing address indicated in the Invitation
for Bids. GAIL GAS will respond in writing to any request for clarification of the Bidding
documents which it receives not later than 10 days prior to the deadline for the submission of
bids prescribed by GAIL GAS. Written copies of GAIL GAS’s response (including an
explanation of the query but without identifying the source of the query) will be sent to all
prospective bidders who have received the bidding documents.
2.4.0 ARTICLE - 4: AMENDMENT OF TENDER
2.4.1 At any time prior to the bid due date, GAIL GAS may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective bidder, modify the bidding
documents.
2.4.2 The amendment will be notified in writing or by fax or cable to all prospective bidders who
have received the bidding documents and will be binding on them.
2.4.3 In order to afford prospective bidders, reasonable time in which to take the amendment into
account in preparing their bids, GAIL GAS may, at its discretion, extend the bid due date.
2.5.0 ARTICLE - 5: LANGAUGE OF BID

2.5.1 The bid prepared by the bidder and all correspondence/drawings and documents relating to the
bid exchanged by bidder and GAIL GAS shall be written in English language, provided that
any printed literature furnished by the bidder may be written in another language so long as
accompanied by an ENGLISH translation, in which case, for the purpose of interpretation of
the bid, the ENGLISH translation shall govern. Metric measurement system shall be applied.
2.6.0 ARTICLE - 6: DOCUMENTS COMPRISING THE BIDS
2.6.1 The un-priced part of the bid prepared by the bidder shall comprise the following
components:

a) A Bid Form and a Price Schedule (prices blanked out) completed in accordance with
Articles 7, 8 & 9.
b) Agreement, to be submitted along with un-priced part of the bid, in accordance
with Article 26.
c) Agreed Terms & Conditions duly filled-in.
d) Details of the experience on works in line with Bidders eligibility criteria as per
Annexure-F.
e) Any other information/details required as per TENDER
f) Power of Attorney in favour of the signatory to the bid.
g) Integrity pact duly signed as per format enclosed Annexure-I to ITB.

2.7.0 ARTICLE - 7: BID FORM

2.7.1 The bidders shall complete the Bid Form and the appropriate Price Schedule furnished in the
TENDER, indicating the scope of work, a brief description of the services and prices.

2.8.0 ARTICLE - 8: BID PRICE

2.8.1 The bidder shall quote the prices in the price schedule attached to this TENDER.

18
2.8.2 Prices shall be quoted, in the prescribed Price Schedule by the bidder separately for each item
of scope and in strict compliance to the format of the Price Schedule.

2.8.3 Prices quoted should be inclusive of fees towards complete scope of work, all taxes, duties,
levies, license fees but exclusive of service tax and also payment towards third party charges
towards inspection etc. However, applicable rate of statuary taxes & duties must be indicated
separately.
2.8.4 Inspection/Certification of all work/services at all stages shall be done by GAIL GAS
wherever GAIL GAS so desires or by any third agency for which no extra charges shall be
payable to the Bidder since all personal and incidental expenses of GAIL GAS’s Inspectors
shall be borne by GAIL GAS .

2.8.5 Conditional discount, if offered, shall not be considered for evaluation. Bidders
separation of the price components as aforesaid will be solely for the purpose of
facilitating the comparison of bids by GAIL GAS and will not in any way limit GAIL GAS’s
right to contract on any of the price basis/terms offered basis.
2.8.6 The cost of any other item / services, which are considered necessary for completion of the job,
is deemed to have been included in the lump-sum prices. GAIL GAS shall deduct Indian
income tax ( withholding tax for foreign bidder) applicable from the payment due to the bidder
under the contract and TDS certificate will be issued by the purchase. The bidder will have to
bear all income tax liability, both Corporate as well as for their personnel, pursuant to award of
contract against this tender.

2.8.7.0 Fixed Price

2.8.7.1 Prices quoted by the bidder shall be firm and fixed during the bidder’s performance of the
contract. A bid submitted with an adjustable price quotation will be treated as non- responsive
and rejected.

2.8.7.2 Statutory variation in taxes (CST, LST, WCT, withholding tax, service tax etc.) and duties, if
any, within the contractual completion period shall be borne by GAIL GAS. No variation in
taxes duties or levies other than statutory taxes & duties shall be payable.

2.8.7.3 Prices shall be written both in words and figures. In the event of difference, the price in words
shall be valid and binding.

2.8.7.4 Bidder shall be solely responsible for ascertaining all types of taxes and duties applicable for
providing the services as mentioned in the scope of work. GAIL GAS shall deduct Indian
income tax applicable from the payments due to the bidder under the contract

2.8.7.5 Quoted prices shall also be inclusive of all costs towards carrying out any surveys, travel to
India, site visits by its personnel, stay in India, boarding, lodging, incidental expenses etc.
required for Scope of Work.

2.9.0 ARTICLE- 9: BID CURRENCIES

2.9.1 All prices shall be quoted in Indian currency ie INR

2.10.0 ARTICLE - 10: PERIOD OF VALIDITY OF BIDS

2.10.1 Bids shall be kept valid for 4 months from the final bid due date. A bid valid for a shorter
period shall be rejected by GAIL GAS as non-responsive.

The bidder shall not be entitled during the said period of 4 months, to revoke or cancel its Bid
or to vary the Bid given or any term thereof.

2.10.2 Notwithstanding Clause 10.1 above, GAIL GAS may solicit the bidders’ consent to an
extension of the period of bid validity. The request and the responses thereto shall be made in
writing by fax or e-mail.

19
2.11.0 ARTICLE - 11: FORMAT AND SIGNING OF BID

2.11.1 The bidder shall prepare required number of copies of the bid, clearly marking each “Original
Bid” and “Copy of Bid” as appropriate. In the event of any discrepancy between them, the
original shall govern. (Changed to the extent of e-tendering- please refer Addendum to ITB)

2.11.2 The original and all copies of the bid shall be typed or written in indelible ink and shall be
signed by the bidder or a person duly authorized to bind the bidder to the Contract. The name
and position held by each person signing, must be typed or printed below the signature. All
pages of the bid, except for un-amended printed literature, shall be initialed by the person or
persons signing the bid. (Changed to the extent of e-tendering- please refer Addendum to ITB)

2.11.3 The complete bid shall be without alterations, interlineations or erasures, except necessary to
correct errors made by the bidder, in which case such corrections shall be initialed by the
person or persons signing the bid.

2.12.0 ARTICLE - 12: PREPARATION & SUBMISSION OF BIDS (changed to the extent of e-
tendering- please refer Addendum to ITB)
2.12.1 A set of TENDER DOCUMENT including Bid form shall be issued to the Bidders. Bidder can
also download the Tender Document from GAIL GAS website. One set of TENDER, shall be
submitted duly signed and stamped along with the bid. Documents mentioned in the TENDER
shall be submitted along with the bid by the Bidders.

2.12.2 Addenda/Corrigenda to this TENDER, if issued, must be signed and submitted along with the
TENDER.
2.12.3 Bidders are advised to submit quotations based strictly on the terms & conditions and
specifications contained in the TENDER and not to stipulate any deviations.

2.12.4 Each bidder shall submit only one bid. A bidder who submits more than one bid will be
rejected. Alternative bids will not be accepted.

2.12.5 Bid shall be submitted in the following manner separately sealed in envelope(s) duly
superscribed as below :
(changed to the extent of e-tendering- please refer Addendum to ITB)

2.12.5.1 PART-A:

2.12.5.1.1 Part-A : Un-priced Bid shall contain original and one copy of UN-PRICED BID complete
with all technical and commercial details with Bid Form & Price Schedule identical to Part-
B with Prices blanked out. The original and copy of un-priced bid shall be completely
identical in all respects including enclosures and shall be enclosed in separately sealed
envelope duly superscribed with TENDER No., Item Details, Bid due date & time etc. and
“UN-PRICED BID - DO NOT OPEN”. The envelope shall also indicate the name and
address of the bidder.

This is the “Techno-Commercial Bid”. All the technical details of the project shall be given in
this part of the offer.

The details submitted, shall include but not be limited to the following:

1. Bidder’s Profile
2. Power of Attorney for the authorized signatories
3. Work Scheduling and Staffing with Phasing of Activities, Timelines and Milestones
with detailed bar charts including details of measurable milestones
4. Commercial Terms and Conditions
5. Details of Bidders’ infrastructure in India as well as internationally.
6. Details of local support office in India, if any.
7. Summary of Experience as per format in Annexure F.

20
 8. Profile of consulting resources, whom CONSULTANT plans to associate with GAIL GAS’s
project, shall be made available to GAIL GAS .
9. Stamped and signed copy of GAIL GAS TENDER.
10. Declaration that Bidder has not been banned/ de-listed.
11. Bidder’s testimonials.
12. Information/Documents/Certificates related to Bid Evaluation Criteria.
13. Any other document as may be required to substantiate the suitability of Bidder /
CONSULTANT for GAIL GAS .
14. Acceptance of Integrity Pact

2.12.5.2 PART-B:

2.12.5.2.1 Part-B : Priced Bid shall be submitted in duplicate with FULL PRICE DETAILS duly
sealed in a separate envelope duly superscribed with TENDER No., Item Detail, Bid Due
Date & Time etc. and “PRICED BID - DO NOT OPEN.”

Priced Bid shall contain only the prices duly filled in as per the format given in Schedule
of Rates given in the TENDER. Price bid should not have any Commercial and/or
Technical stipulation in addition to, what is already given in Part A – Un-priced bid.

2.12.6 SEALING & MARKING OF BIDS (changed to the extent of e-tendering- please refer
Addendum to ITB)

2.12.6.1 a) The inner and outer envelopes shall be addressed to GAIL GAS at the following
address:

GM (C&P)
GAIL Gas Limited
A1, SECTOR – 2,
NOIDA – 201 301

b) Bear the words “Invitation Of Bids for “TENDER FOR ……(Mention Name of the
Work/Job)”, the TENDER No., and the words ‘DO NOT OPEN BEFORE 14.00 HRS. ON
(BID DUE DATE).

c) In addition to the information required in sub-clause (a) and (b) above, the inner
envelopes shall also indicate the name and address of the Bidder.

2.12.7 If the outer envelope is not sealed and not marked as required by para 12.6, the GAIL GAS
GAS will assume no responsibility for the Bid's misplacement or premature opening.

2.13.0 ARTICLE - 13: BID DUE DATE ((changed to the extent of e-tendering- please refer
Addendum to ITB)

2.13.1 Bids must be received at the address specified in the Invitation for Bids (IFB) not later than the
date and time specified in the TENDER.

2.13.2 GAIL GAS may, at its discretion, on giving reasonable notice by fax, telex or cable or any
written communication to all prospective bidders who have been issued the TENDERs, extend
the bid
due date, in which case all rights and obligations of GAIL GAS and the bidders, previously
subject to the bid due date, shall thereafter be subject to the new bid due date as extended.

2.14.0 ARTICLE - 14: LATE BIDS

2.14.1 Any bid received by GAIL GAS after the bid due date and time prescribed in Invitation For
Bids shall be rejected.

21
2.14.2 Telegraphic/Fax/E-mail offers whether sent directly or submitted by local agent in India will
not be considered and shall be rejected.

2.15.0 ARTICLE - 15: MODIFICATION AND WITHDRAWAL OF BIDS(changed to the

extent of e-tendering- please refer Addendum to ITB)

2.15.1 The bidder may modify or withdraw his bid after the bid submission, provided that the
modification/withdrawal notice is received by the GAIL GAS prior to the bid due date & time.
The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched
in accordance with the provisions of Article 12.6. A withdrawal notice may also be sent by e-
mail or Fax but must be followed by a signed confirmation copy dated not later than the
deadline for submission of Bids.
2.15.2 Subject to Article-17.4, no bid shall be modified subsequent to the deadline for submission of
bids.
2.15.3 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.

2.16.0 ARTICLE - 16: OPENING OF BIDS BY GAIL GAS (changed to the extent of e-tendering-
please refer Addendum to ITB)

2.16.1 The bids will be opened by the GAIL GAS at their office at A1 SECTOR-2,NOIDA – 201 301
in the presence of bidders’ representatives (duly authorized by a competent person and having
the Letter of Authority as per Performa at Annexure E), who choose to attend, on date, time and
venue as mentioned in the Invitation For Bids (IFB). The bidders’ representatives, who are
present, shall sign a register evidencing their attendance.
2.16.2 The bidder(s) names, modifications, bid withdrawals and such other details as GAIL GAS, at
its discretion, may consider appropriate will be announced at the opening & recorded at the
time of opening of un-priced bid.
2.16.3 The Bidder’s names, prices of Bids, all discounts offered, modifications and Bid withdrawals
and such other details as GAIL GAS , at its discretion, may consider appropriate, will be read
out at the time of opening of priced bids of technically and commercially acceptable bidders.

2.17.0 ARTICLE - 17: EVALUATION OF BIDS

2.17.1 GAIL GAS will examine the bids to determine whether they are complete, whether any
computational errors have been made, whether the documents have been properly signed and
whether the bids are generally in order.

2.17.2 Once quoted, bidder shall not make any subsequent price changes, whether resulting or arising
out of any technical/commercial clarifications sought regarding the bid within the scope of
work, even if any deviation or exclusion may be specifically stated in the bid. Such price
change shall render the bid liable for rejection. All responses to request for clarifications shall
be in writing.

2.17.3 Unsolicited clarification to the Bid and/or change in price during its validity period would
render the Bid liable for outright rejection.

2.17.4 TECHNO-COMMERCIAL EVALUATION OF BIDS

Bids will be evaluated in accordance with the Bidder’s Eligibility Criteria given in IFB

2.17.4.1 to 3 Deleted

2.17.4.4 Prior to the evaluation and comparison of bids pursuant to Article-19, GAIL GAS will
determine the substantial responsiveness of each bid to the bidding documents. For purpose
of this Article a substantially responsive bid is one which conforms to all the terms and

22
 conditions of the bidding document without material deviations or reservations. GAIL
GAS’s determination of a bid’s responsiveness is to be based on the contents of the bid itself
without recourse to the extrinsic evidence.
2.17.4.5 A bid determined as substantially non-responsive will be rejected by GAIL GAS and may not
subsequently be allowed by the GAIL GAS to be made responsive by the bidder by
correction of the non-conformity.
2.17.4.6 Bidder’s Bid shall be considered non-responsive and rejected, if deviations are taken to the
under mentioned provisions of TENDERs by the Bidder:-

i) Performance Security (Contract Performance Bank Guarantee)

ii) Period of validity of bids as per Article - 10 of Instructions to Bidders

(ITB).

iii) Force Majeure as per Article 19.0 of General Conditions of Contract

(GCC)

iv) Resolution of Dispute/Arbitration as per Article 9.0 of GCC

v) Firm Price.

vi) Completion Period of total scope of work

vii) Termination of Contract as per Article-16.0 of GCC

viii) Price Reduction Schedule as per Article 12.0 of GCC

ix) Payment Terms as specified in the TENDER.

x) Any advance sought by the bidder.

xi) Non acceptance of Integrity Pact

2.17.4.7 Bids not confirming to technical specification/requirements (Scope of work) as

mentioned in TENDER will be rejected.

2.17.4.8 Conditional Bids will be liable for rejection.

2.18.0 ARTICLE - 18: OPENING OF PRICE BIDS

The price bids of the substantially responsive bidders will be opened in public. The price bids
of those bidders determined to be not substantially responsive will be rejected.

2.19.0 ARTICLE - 19: COMPARISON OF BIDS (changed to the extent of e-tendering- please
refer Addendum to ITB)

2.19.1 The GAIL GAS will evaluate and compare bids previously determined to be substantially
responsive pursuant to Article-17.

2.19.2 Arithmetical errors will be rectified on the following basis: -

If there is a discrepancy between the unit price and the total price that is obtained by
multiplying the unit price and quantity the unit price shall prevail and the total price will be
corrected. If there is a discrepancy between the total amount and the sum of total prices, the
sum of the total prices shall prevail and the total bid amount will be corrected.

2.19.3 Deleted.

2.19.4 The evaluated price of the bidders shall include total price inclusive of all taxes, duties, levies
etc. as applicable under this contract for complete scope of work.

2.19.5 Purchase preference to Central Government Public Sector Undertakings shall be allowed as per
Government instructions in vogue.

23
2.19.6 Methodology for evaluation & selection of consultant:

The total price (inclusive of all taxes & duties) quoted as per SOR shall be considered
for evaluation to arrive at lowest evaluated bid considering Service tax at full rate
without CENVAT benefit.

2.20.0 ARTICLE - 20: CONTACTING GAIL GAS

2.20.1 Subject to Article 17.2, 17.3 & 17.4.2 no Bidder shall contact GAIL GAS on any matter
relating to its Bid, from the time of Bid opening to the time the CONTRACT is awarded.

2.20.2 Any efforts by a bidder to influence GAIL GAS in GAIL GAS’s bid evaluation, bid
comparison or contract award decisions may result in the rejection of the bidder’s bid.

2.21.0 ARTICLE - 21: AWARD CRITERIA

GAIL GAS will award the contract to the successful Bidder whose Bid has been determined to
be the lowest evaluated, responsive Bid, provided further that the Bidder is determined to be
qualified to satisfactorily perform the contract.

2.22.0 ARTICLE – 22: GAIL GAS’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY
OR ALL BIDS

2.22.1 GAIL GAS reserves the right to accept or reject any bid, and to annul the bidding process and
reject all bids, at any time prior to award of contract, without thereby incurring any liability to
the affected bidder or bidders or; any obligations to inform the affected bidder or bidders of the
ground for the GAIL GAS’S action.

2.22.2 In awarding the CONTRACT for the SERVICES, GAIL GAS reserves the right to make the
award based on evaluation criteria to one or more Bidders.

2.23.0 ARTICLE - 23: NOTIFICATION OF AWARD

2.23.1 Prior to the expiration of period of bid validity GAIL GAS will notify the successful bidder in
writing or by fax, e-mail or telex to be confirmed in writing, that his bid has been accepted.
The Notification of Award will constitute the formation of the Contract with the issuance of
Fax of Intent (FOI).

2.23.2 Completion Period shall be counted from the date of Fax of Intent. The notification of award
will constitute the formation of a Contract, until the Contract has been affected pursuant to
Article - 24.

2.24.0 ARTICLE - 24: ACCEPTANCE OF ORDER

2.24.1 After the successful Bidder has been notified that his Bid has been accepted, GAIL GAS will
send to such bidder a Letter of Acceptance (LOA) incorporating the terms and conditions
agreed between the parties.

2.24.2 GAIL GAS will send the LOA to the successful bidder, who, within 7 days of receipt of the
same, shall sign and return it to GAIL GAS, in token of acceptance of the contract.

2.25.0 ARTICLE-25: INCOME TAX LIABILITY

The bidder will have to bear all income tax liability, both Corporate as well as for their
personnel, pursuant to award of contract against this tender.

2.26.0 ARTICLE-26: AGREEMENT TO BE FILLED, DULY SIGNED AND

SUBMITTED ALONGWITH THE UN-PRICED PART OF THE BID

24
 It is expressly understood and agreed by and between ....................(the Company) and GAIL
Gas Limited, is entering into this agreement solely on its own behalf and not on behalf of any
other person or entity. In particular, it is expressly understood and agreed that the Government
of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It
is expressly understood and agreed that GAIL GAS Limited is an independent legal entity with
power and authority to enter into contracts solely on its own behalf under the applicable Laws of
India and general principles of Contract Law. The …................. (Company) expressly agrees,
acknowledges and understands that GAIL GAS Ltd. is not an agent, representative or delegate
of the Government of India. It is further understood and agreed that the Government of India is
not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs
arising out of the contract. Accordingly................... (Company) hereby expressly waives,
releases and foregoes any and all actions or claims, including cross claims, impleader claims or
counter claims against the Government of India arising out of this contract and covenants not to
sue to Government of India as to any manner, claim, and cause of action or thing whatsoever
arising of or under this agreement.

2.27.0 ARTICLE-27: INVOICE AND PAYMENT

The cenvatable invoices shall be raised in the name of concerned Officer – in -Charge, of
GAIL GAS Limited,

All payments against the contract shall be released by GAIL GAS, NOIDA. The address of
Paying authority is as under.

CHIEF FINANCE OFFICER

GAIL GAS LTD.
A-1 ,SECTOR-2,
NOIDA – 201 301

The PMC shall send two copies of invoices with necessary document in advance to Paying
authority & one copy to EIC.

POST ORDER CORRESPONDENCE:

All post order correspondence should be addressed to:-

DGM (Projects)
GAIL GAS LTD.
A-1 ,SECTOR-2,
NOIDA – 201 301
)

2.28.0 ARTICLE-28: GAIL GAS’S BANKERS

GAIL GAS’s Bankers are: HDFC BANK,

2.29 ARTICLE 29 : INTEGRITY PACT

Bidder(s) are required to sign the Integrity Pact with GAIL GAS as per format & terms
condition enclosed in Annexure – I to ITB and to be submitted along with their offer. In case
a bidder does not submit duly executed Integrity Pact as per the enclosed format, his bid shall
be liable for rejection.

2.30 ARTICLE 30: PRE-BID MEETING (changed to the extent of e-tendering- please refer
Addendum to ITB)

2.30.1 The bidder(s) or his designated representative, who have purchased bid document, are invited
to attend a pre-bid meeting which will take place at GAIL GAS Limited, A-1,Sector-2,Noida-
201 301.

2.30.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter
that may be raised at that stage.

25
2.30.3 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.

Non-attendance of the pre-bid meeting will not be a cause for disqualification of a bidder.

2.31 ARTICLE 31 : CORRUPT OR FRAUDULENT PRACTICES

GAIL GAS requires that bidders/contractors observe the highest standard of ethics during the
execution of contracts. In pursuance of this policy, the Employer :

a) defines, for the purposes of this provision, the terms set forth below as follows :

i) “corrupt practice” means the offering, giving or soliciting of anything of value to

influence the action of a public official in the procurement process or in contract
execution; and
ii) “fraudulent practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Employer,
and includes collusive practice among bidders (prior to or after bid submission)
designed to establish bid prices at artificial non-competitive levels and to deprive the
Employer of the benefits of free and open competition;

b) will reject a proposal for award if it determines that the bidder recommended for award
has engaged in corrupt or fraudulent practices in competing for the contract in question;

c) will declare a firm ineligible and put on holiday, either indefinitely or a for a stated
period of time if it at any time determines that the firm has engaged in corrupt or
fraudulent practices in competing for, or in executing a contract.

2.32 ARTICLE 32 : ARBITRATION

Please refer the Arbitration clause No. 3.9 of GCC.

2.33 ARTICLE 33 : DISPUTE RESOLUTION

2.33.1 General

Any dispute(s)/difference(s)/issue(s) of any kind whatsoever between/amongst the Parties

arising under/out of/in connection with this Agreement shall be settled in accordance with the
provisions of this Article.

2.33.2 Invitation for Conciliation

2.33.2.1 In case of any dispute(s)/difference(s)/issue(s), as mentioned above, a Party shall

notify then other Party (ies) in writing about such disput(s)/difference(s)/issue(s)
between/amongst the Parties and that such a Party wishes to refer the dispute(s)/
difference(s)/issue(s) to Conciliation. Such Invitation for Conciliation shall contain
sufficient information as to the dispute(s)/ difference(s)/issue(s) to enable the other
Party(ies) to be fully informed as to the nature of the dispute(s)/
difference(s)/issue(s), the amount of monetary claim, if any, and apparent cause(s)
of action.

Conciliation proceedings commence when the other Party(ies) accept(s) the

invitation to conc1liate. If the acceptance is made orally, it is advisable that it be

26
 confirmed in writing. If the other Party(ies) reject(s) the invitation, there will be no
conciliation proceedings.

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

2.33.3 Conciliation

2.33.3.1Where invitation for Conciliation has been furnished under Article 17.2, the Parties
shall attempt to settle such dispute(s) amicably under Part-III of the Indian
Arbitration and Conciliation Act, 1996 and GAIL Gas Limited Conciliation Rules,
2010. It would be only after exhausting the' option of Conciliation as an Alternate
Dispute Resolution Mechanism that the Parties hereto shall go for Arbitration as
per the provisions of Article 107 of GCC. For the purpose of this Article, the option
of 'Conciliation' shall be deemed to have been exhausted, even in case of rejection
of 'Conciliation' by any of the Parties.

2.33.3.2For dispute(s)/difference(s)/issue(s) pending before Arbitral or Judicial

proceedings, pendency of such proceedings shall not constitute any bar on
commencement of Conciliation proceedings under this Article are on the same
matter(s)/issue(s) as the Arbitral or Judicial proceedings.

2.33.3.3 The cost of Conciliation proceedings including but not limited fees for
Conciliator(s), Airfare, Local Transport, Accommodation, cost towards conference
facility etc. shall be borne by the parties equally.

2.33.3.4 The Parties shall freeze claim(s) of interest, if any, and shall not claim the same
during the- pendency of Conciliation proceedings.

2.33.3.5 The Settlement Agreement, as and when reached/agreed upon, shall be sighed
between the Parties and Conciliation proceedings shall stand terminated on the date
of the Settlement Agreement.

2.34 ARTICLE 34 : DEBARRING OF ERRANT BIDDERS

In case after Priced bid opening the lowest evaluated bidder (L1) is not awarded the job for
any mistake committed by him in bidding or withdrawal of bid or varying any term in regard
thereof leading to retendering,GAIL Gas shall forfeit Earnest Money paid by the bidder and
such bidder shall be debarred from participation on re-tendering of the same job(s)/item(s).

27
 ANNEXURE – I TO ITB:

INTEGRITY PACT
Bidder is required to sign the Integrity Pact with GAIL GAS as per format & terms
conditions enclosed with tender. In case a bidder does not sign the integrity Pact, his bid
shall be liable for rejection.

COMMITMENTS AND OBLIGATIONS OF THE “COUNTERPARTY”

a) The Counterparty, directly or indirectly (through agent, consultant, advisor,

etc.), shall not pay any bribe / influence or give undue / unlawful benefit to
anyone to gain undue advantage in dealing with GAIL GAS .
b) The Counterparty will not engage in collusion of any kind including price
fixation etc. with other Counterparts.
c) The counterparty will not pass GAIL GAS’s confidential information to any
third party unless specifically authorized by GAIL GAS in writing.
d) The Counterparties shall promote and observe best ethical practices within
their respective organizations.
e) The Counterparty shall inform the Independent External Monitor.
f) If it received any demand, directly or indirectly, for a bribe/ favour or any
illegal gratification / payment / benefit;
g) If it comes to know of any unethical or illegal payment/benefit;
h) If it makes any payment to any GAIL GAS associate.
i) The Counterparty shall not make any false or misleading allegations against
GAIL GAS or its associates.

VIOLATIONS & CONSEQUENCES:

a) If a Counterparty commits a violation of its Commitments and Obligations

under the Integrity Pact Programme during bidding process, their entire
Earnest Money Deposit / Bid Security, would be forfeited and in addition, they
may be blacklisted from the GAIL GAS business in future.
b) In case of violation of the Integrity pact by Counterparty after award of the
Contract, GAIL GAS shall be entitled to terminate the Contract. GAIL GAS
would forfeit the security deposits, encash the bank guarantee(s) and other
payments payable to Counterparty in such cases.
c) Subject to satisfaction of the Independent External Monitor, GAIL GAS may
ban / blacklist / put on holiday and exclude the Counterparty from future
dealings until GAIL GAS is satisfied that the Counterparty shall not commit
any such violation in future.
d) In addition to above, GAIL GAS reserves its right to initiate criminal
proceedings against the violating Counterparty, if the allegations by
Counterparty are found frivolous, untrue and misleading and may also impose
exemplary cost for the same.
e) The Counterparty will be entitled to claim as determined by the Independent
External Monitor, if the above (d) is found incorrect.

28
INDEPENDENT EXTERNAL MONITORS (IEMS)

The following three Independent External Monitors (IEMs) have been appointed by
GAIL GAS, in terms of Integrity Pact (IP) which forms part of GAIL GAS Tenders/
Contract.

i) Dr. A.K. Kundra,

ii) Shri S.C. Tripathi
iii) Shri V K Gupta

SL No Name E-mail
1 Dr A K Kundra kundraak@gmail.com
2 Shri S C Tripathi sctripathi@yahoo.com
3 Shri V K Gupta vinod102000@yahoo.co.in

This panel is authorized to examine / consider all references made to it under this
tender. The bidder (s), in case of any dispute (s) / complaint (s) pertaining to this
tender may raise the issue either with designated Tender Issuing Officer in GAIL
GAS or directly, with the IEMs on the panel c/o Chief Vigilance Officer, GAIL
(India) Limited, GAIL Bhawan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi –
110066.

29
 INTEGRITY PACT
(To be executed on plain paper and applicable to all tenders of the value of Rs. one crore and above)

Between GAIL Gas Limited, a 100% subsidiary of GAIL (India) Limited ,Government of India Public
Sector, (here-in-after referred to as "Principal ").
AND
………………………..................... ………… (here-in-after referred to as "The Bidder/Contractor").

(Principal and the Bidder/Contractor are here-in-after are referred to individually as "Party" or
collectively as "Parties").
PREAMBLE
The Principal intends to award under laid down organizational procedures, contract/s for
………………………………………………….. The Principal values full compliance with all relevant
laws and regulations, and the principles of economic use of resources, and of fairness and
transparency in its relations with its Bidder/s and Contractor/s.

In order to achieve these goals, the Principal co-operates with the renowned International Non-
Governmental Organization 'Transparency International' (TI). Following TI's national and international
experience, the Principal will appoint an Independent External Monitor who will monitor the tender
process, the execution of the contract etc. for compliance with the principles mentioned above.

Section 1 - Commitments of the Principal

1. The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following Principles in this regard:-

i) No employee of the Principal, either in person or through family members, including relatives,
will in connection with the tender for or the execution of a contract, demand or accept a
promise for or accept for him/herself or for a third person, any material or immaterial benefit to
which he/she is not legally entitled.

ii) The Principal shall, during the tender process treat all Bidders with equity. The Principal
undertakes and ensures that before and during the tender process shall provide and share
'the same information to all Bidders and will not provide to any Bidder confidential/additional
information through which one particular Bidder could take an advantage in relation to the
tender process or the contract execution.

iii) The Principal will exclude from the process all known prejudiced persons.

2. If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the Anti-Corruption Laws of India, or if there be a substantive suspicion in this
regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary
actions.
3.
Section 2 - Commitments and Undertakings by the Bidder/Contractor

1. The Bidder / Contractor commit and undertakes to take all measures necessary to prevent
malpractices & corruption. He commits himself to observe the following principles during his
participation in the tender process and during the contract execution:

i) The Bidder / Contractor undertakes not to, directly or through any other person or firm offer,
promise or give or influence to any employee of the Principal associated with the tender
process or the execution of the contract or to any other person on their behalf any material or
immaterial benefit to which he / she is not legally entitled in order to obtain in exchange any
advantage of any kind whatsoever during the tender process or during the execution of the
contract.

ii) The Bidder / Contractor undertakes not to enter into any undisclosed agreement or
understanding, whether formal or informal with other Bidders. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-submission of
bids or any other action to restrict competitiveness or to introduce cartelisation in the bidding
process.

30
iii) The Bidder / Contractor undertakes not to commit any offence under the relevant Anti-
corruption Laws of India. Further, the Bidder / Contractor will not use improperly any
information or document provided by the Principal as part of the business relationship
regarding plans, technical proposals and business details, including information contained or
transmitted electronically for the purposes of competition or personal gain and will not pass
the information so acquired on to others.

iv) The Bidder / Contractor will, when presenting his bid undertakes to disclose any and all
payments made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the contract.

2. The Bidder / Contractor will not instigate and allure third persons / parties to commit offences
outlined above or be an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from future contracts

If the Bidder, before the award of contract, has committed a transgression through a violation
of any provisions of Section 2 or in any other form so as to put his reliability or credibility as
Bidder into question, the Principal shall be entitled to disqualify, put on holiday or blacklist the
Bidder including from the future tender process or to terminate the contract, if already signed,
on that ground.

1. If the Bidder / Contractor has committed a transgression through a violation of any provisions
of Section 2 so as to put his reliability or credibility into question, the Principal shall be entitled
to exclude including blacklist and put on holiday the Bidder / Contractor from entering into any
GAIL Gas future contract tender processes. The imposition and duration of the exclusion will
be determined by the severity of the transgression. The severity will be determined by the
Principal taking into consideration the full facts and circumstances of each case particularly
taking into account the number of transgressions, the position of the transgressors within the
company hierarchy of the Bidder and the amount of the damage. The exclusion may be
imposed for a minimum period of 6 months and maximum of three years.

2. A transgression is considered to have occurred if the Principal after due consideration of the
available evidence, concludes that no reasonable doubt is possible.

3. The Bidder with its free consent and without any influence agrees and undertakes to respect
and uphold the Principal's absolute rights to resort to and impose such exclusion and further
accepts and undertakes not to challenge or question such exclusion on any ground, including
the lack of any hearing before the decision to resort to such exclusion is taken. This
undertaking is given freely and after obtaining independent legal advice.

4. Subject to the full satisfaction of the Principal, the exclusion of the Bidder / Contractor could
be revoked - by Principal prematurely if the bidder / contractor can prove that he has restored
/ recouped the damage caused by him and has installed a suitable corruption prevention
system in his organization.

Section 4 - Forfeiture of EMD / Security Deposits

1. If the Principal has disqualified the Bidder from the tender process prior to the award in terms
of Section 3, and during the execution of the contract, the Principal shall forfeit earnest money
deposit / bid security money, encash the bank guarantee including due payments in addition
to blacklisting or putting on holiday the bidder and terminating the contract.

2. If the Principal has terminated the contract according to Section 3, or if the Principal is entitled
to terminate the contract according to Section 3, the Principal shall be entitled to demand and
recover from the Contractor liquidated damages equivalent to Earnest Money Deposit /
Security Deposit / Performance Bank Guarantee.

3. The bidder agrees and undertakes to pay the said amounts without protest or demur subject
only to condition that if the Bidder / Contractor can prove and establish that the exclusion of
the Bidder from the tender process or the termination of the contract after the contract award
has caused no damage or less damage than the amount of the liquidated damages, the
Bidder / Contractor shall compensate the Principal only to the extent of the damage in the
amount proved.

31
 Section 5 - Previous transgression

1. The Bidder swears on oath that no previous transgression has occurred during the last three
years with any other Company in any country conforming to the TI approach or including with
any other Public Sector Enterprise / Undertaking in India that could justify his exclusion from
the tender process.

2. If the Bidder makes incorrect statement on this subject, he shall be disqualified from the
tender process or the contract, if already awarded, could be liable to be terminated on this
ground.

Section 6 - Equal treatment to all Bidders / Contractors / Subcontractors

1. The Bidder / Contractor undertakes to demand from all its sub-contractors, if any, an
undertaking and commitment in conformity with this Integrity Pact, and to submit it to the
Principal before signing of the contract.

2. The Principal will enter into agreements with similar conditions, as stipulated herein, with all
Bidders, Contractors and Subcontractors.

3. The Principal shall disqualify from the tender process all Bidders who do not sign this Pact or
violate any of its provisions.

Section 7 - Criminal charges against violating Bidders / Contractors / Sub-contractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of

an employee or a representative or an associate of a Bidder, Contractor or Subcontractor
which constitutes corruption, or if the Principal has substantive suspicion in this regard, the
Principal will inform the Vigilance Office / Department for initiating appropriate action for
above.

Section 8 -Independent External Monitor / Monitors

(Three in number depending on the size of the contract)
(To be decided by the Chairperson of the Principal)

1. The Principal appoints competent and credible external independent Monitor for this Pact.
The task of the Monitor is to review independently and objectively, whether and to what extent
the parties comply with the obligations under this agreement.

2. The Monitor is not subject to any instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairperson of the
Board of the Principal.

3. The Contractor accepts that the Monitor has the right to access without restriction to all
Project documentation of the Principal including that provided by the Contractor. The
Contractor will also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The same is applicable to
Sub-contractors. The Monitor is under contractual obligation to treat the information and
documents of the Bidder / Contractor / Sub-contractor with confidentiality.

4. The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Contractor. The parties offer to the Monitor the option
to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of this agreement he will so
inform the Management of the Principal and request the Management to discontinue or heal
the violation or to take other relevant action. The monitor can in this regard submit non-
binding recommendations. Beyond this, the Monitor has no right to demand from the parties
that they act in a specific manner, refrain from action or tolerate action. However, the
Independent External Monitor shall give an opportunity to the bidder / contractor to present its
case before making its recommendations to the Principal.

32
6. The Monitor will submit a written report to the Chairperson of the Board of the Principal within
8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and should the
occasion arise, submit proposals for taking corrective measures.

7. Monitor shall be entitled to compensation by the Principal on the same terms & conditions as
being extended to/provided to Outside Expert Committee Members of ONGC.

8. If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an
offence under relevant Anti-Corruption laws of India, and the Chairperson has not, within
reasonable time, taken visible action to proceed against such offence or reported it to the
Vigilance Office, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner, Government of India.

9. The word 'Monitor' would include both singular and plural.

10. Independent External Monitor shall be required to maintain confidentiality of the information
acquired and gathered during their tenure / role as Independent Monitor. Any breach in this
regard would be subject to the legal judicial system of India.

11. The Independent External Monitors - shall be responsible to oversee the implementation of
Integrity Pact Program to prevent corruption, bribes or any other unethical practices in the
GAIL Gas. However, Monitor(s) shall be personally and severally be liable for any action or
suit brought by Bidder / Contractor / against the Monitor, in case the findings of Independent
Monitor is / are found incorrect or biased or prejudiced.

12. Independent External Monitor(s) shall be required to furnish an Undertaking and shall
disclose before taking any assignment that he / she has no interest in the matter or connected
with the party (bidder / contractor) in any manner.

Section 9 - Pact Duration

The provisions of this Pact shall come into effect from the date of signing of this Pact by the
both parties. It expires for the Contractor 12 months after the last payment under the
respective contract, and for all other Bidders 6 months after the contract has been awarded.

If any claim is made / lodged by either party during this time, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it is
discharged/determined by the Chairperson of the Principal.

Section 10 - Miscellaneous Provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi. The Arbitration clause provided in main
tender document / contract shall not be applicable for any issue / dispute arising under
Integrity Pact.

2. Changes and supplements as well as termination notices, if any, need to be made in writing.
Side Agreements have not been made.

3. If the Contractor / Bidder is a partnership concern or a consortium, this agreement must be

signed by all partners or consortium members.

4. In case any or several of the provisions of this agreement turn out to be void, the remainder of
this pact shall remain valid. The parties to this pact however, shall strive to come to an
agreement to their original intentions in such a case.

______________________ _________________________
(Name & Designation) (Name & Designation)
For the Principal For the Bidder/Contractor

Place : ________________ Witness-1 : ________________________

Date : _________________ Witness-2 : ________________________

33
 SECTION - 3

GENERAL CONDITIONS OF
CONTRACT
(GCC)

34
 ARTICLE 3.1: DEFINITIONS AND INTERPRETATIONS

In this Document, as hereunder defined, the following terms and expressions shall have the meaning
hereby assigned to them except where the context otherwise requires:

AGREEMENT means the agreement concluded on non-judicial stamp paper between GAIL GAS
and Consultant for Services as per this Bid document.

GAIL GAS/OWNER shall mean GAIL GAS Limited

GAIL GAS'S REPRESENTATIVE means the person appointed or authorized from time to time
by GAIL GAS for execution of the contract.

CONSULTANT'S REPRESENTATIVE means the person appointed from time to time by

CONSULTANT for execution of the Contract.

ENGINEER-IN-CHARGE/EXECUTIVE-IN-CHARGE shall mean the person designated from

time to time by the GAIL GAS and shall include those who are expressly authorized by him to act
for and on his behalf for operation of this CONTRACT.

SIGN OFF means a recorded statement for completion of a milestone/major activity by Consultant
as envisaged in this document and accepted by GAIL GAS.

CONTRACT shall mean Letter of Acceptance and all attached exhibits and document referred to
therein and all terms and conditions thereof together with any subsequent modifications thereto.

SERVICES mean the duties to be performed and the services to be rendered by Consultant
according to the terms and conditions of the Contract.

HEADINGS the headings appearing herein are for convenience only and shall not be taken in
consideration in the interpretation or construction of the Contract.

SINGULAR AND PLURAL WORDS importing the singular only also include the plural and vice-
versa where the context requires.

ARTICLE 3.2: PERFORMANCE OF DUTIES AND SERVICES BY CONSULTNT

3.2.1 Consultant shall perform its Services in full accordance with the terms and conditions of the
Contract and any applicable local laws and regulations and shall exercise all reasonable
professional skill, care and diligence in the discharge of said Project work.
Consultant shall in all professional matters act as a faithful advisor to GAIL GAS, and will
provide all the expert commercial/technical advice and skills which are normally required for
the class of Services for which it is engaged.

Consultant, its staff, employees shall carry out all its responsibilities in accordance with the
best professional standards.

Consultant shall prepare and submit documents /reports etc. in due time and in accordance
with the Tender Conditions.

3.2.2 Consultant will maintain for the performance of the Contract, personnel as determined to be
responsible for carrying out this job and such persons shall not be replaced or substituted
without written approval of GAIL GAS.
 ARTICLE 3.3: GAIL GAS'S REPRESENTATIVE

3.3.1 GAIL GAS shall nominate its Representative(s) who shall be entitled to act on behalf of GAIL
GAS with respect to any decision it is empowered to make. The bill / invoice of Consultant
will be certified for payment by such representatives.

ARTICLE 3.4: CONSULTANT’S REPRESENTATIVE

3.4.1 Consultant shall nominate a qualified and experienced person as its Representative who will be
the contact person between GAIL GAS and Consultant for the performance of the Contract.
This nomination shall be done within ten (10) days after the coming into force of the Contract.
Consultant shall notify GAIL GAS in writing prior to the appointment of a new representative.
Consultant's Representative may be replaced only with GAIL GAS's consent after getting
approved his CV’s from GAIL GAS.

GAIL GAS shall be at liberty to object to any nomination and to require Consultant to remove
Consultant's representative for good causes. Consultant shall replace immediately such person
by competent substitute at no extra cost to GAIL GAS.

3.4.2 Consultant’s Representative shall be entitled to act on behalf of Consultant with respect to any
decisions to be made under the Contract.

ARTICLE 3.5: PAYMENT TERMS

3.5.1 GAIL GAS shall pay for the services rendered as per stipulation in the tender through E-
Banking only (through ICICI Bank, HDFC Bank or State Bank of India). All Bank charges of
consultant’s Bankers shall be to the consultant’s account.

3.5.2 Consultant will invoice GAIL GAS according to the terms and conditions provided in the
tender.

3.5.3 Payment terms will be as follows:

3.5.3.1For all consultancy jobs for preparation of reports, payment terms will be as
follows:

- 60 % on submission & acceptance of Draft report.

Where outsourcing will be required, payment will be released on the basis of Milestones
achieved within 60% such as submission of report for market survey, etc. The payment for
such milestones will be restricted to actual payment made to outsourced agency/ies subject
to 40% within 60% limit.

- 40% on submission & acceptance of final report.

Where EMP/EIA/RRA is involved, the 40% payment will be divided as follows:-

- 20% on submission and acceptance of final DFR/Report

- 20% on submission and acceptance of EMP/EIA/RRA

If acceptance is not conveyed within 30 days, it will be presumed to be accepted.

3.5.3.2 For Acquisition/Due diligence consultancy cases; the payment

terms will be as follows:

36
 Stages Payment
(%age of lumpsum price)

a) On submission and acceptance of draft report 40%

b) On submission and acceptance of Final report by GAIL GAS 20%

c) On formulation and submission of Bid 15%

d) On negotiations, deal finalization and deal execution 25%

If acceptance is not conveyed within 30 days, it will be presumed to be

accepted.

GAIL GAS reserves the right to enter into the next Stage or terminate the contract at
the completion of the previous Stage as indicated above and submission of all the
deliverables pertaining to the Stage completed. In such case the payment to the
Consultant shall be restricted to payments payable for the Stage completed as
indicated above.

3.5.3.3 FOR PMC JOBS/ PROJECT QUALITY CONSULTANTS, payment terms

shall be as follows :

- On completion of Milestones against each activity 95%

of Project as identified in the scope of work
progressively based on Fortnightly invoices

- After close out of Project on completion 5%

of job in all respects

3.5.3.4 For Back-up Consultants for Project Monitoring and for Third Party Inspection
Services, payment will be based on Man-day Rate (per diem)

3.5.4 In case of disputes concerning invoice(s), GAIL GAS shall return said invoice(s) to Consultant
within fifteen (15) days from its/their receipt specifying in writing the reasons for its / their
rejection.

 GAIL GAS shall pay the undisputed amount of the invoice(s) according to Article -
3.5.3 hereof.
 The disputed amount, if any, shall be paid after mutual settlement between GAIL
GAS and Consultant.
 Total or partial rejection of the invoice(s) shall not release Consultant from any of its
obligations under the Contract.

ARTICLE 3.6: PERFORMANCE GUARANTEE

3.6.1 Consultant shall submit to GAIL GAS an unconditional, irrevocable and on first demand
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. 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.

The value of Contract Performance Guarantee shall be 5% of contract value for the due
performance of the Contract. The Contract Performance Guarantee shall be valid for a period
of three months beyond the guarantee/warranty period of the contract. The format of

37
 performance guarantee is annexed hereto (Annexure-C). All expenses incurred in obtaining
of such guarantee shall be borne by Consultant.

3.6.21 In case of extension of completion period, Consultant shall be required to extend the
performance guarantee for an appropriate period of time as per contractual requirements.

ARTICLE 3.7: CONFIDENTIALITY

3.7.1 Consultant/GAIL GAS shall treat all matters in connection with the Contract as strictly
confidential and undertakes not to disclose, in any way, information, documents, technical
data, experience and know-how given to him by GAIL GAS/Consultant without the prior
written consent of the latter.

3.7.2 Consultant further undertakes to limit the access to confidential information to those of its
employees, Implementation Partners who reasonably require the same for the proper
performance of the Contract provided however that Consultant shall ensure that each of them
has been informed of the confidential nature of the confidentiality and non-disclosure
provided for hereof.

ARTICLE 3.8: TAXES AND DUTIES

3.8.1 Consultant shall pay any and all taxes including service tax, duties, levies etc. which are
payable in relation to the performance of the Contract. The quoted price shall be inclusive of
all such taxes and duties.

3.8.2 Statutory variation in taxes (CST, LST, WCT, withholding tax, service tax etc.) and duties, if
any, within the contractual completion period shall be borne by GAIL GAS. No variation in
taxes duties or levies other than statutory taxes & duties shall be payable.

3.8.3 Consultant will not claim from GAIL GAS any taxes paid by him.

3.8.4 GAIL GAS shall deduct Income tax at source at applicable rates.

ARTICLE 3.9: RESOLUTION OF DISPUTES / ARBITRATION

3.9.1 GAIL GAS and Consultant shall make every effort to resolve amicably by direct informal
negotiations any disagreement or dispute arising between them under or in connection with
the Contract.

3.9.2 All disputes, controversies, or claims between the parties (except in matters where the
decision of the Executive/Engineer-in-Charge is deemed to be final and binding) which
cannot be mutually resolved within a reasonable time shall be referred to Arbitration by sole
arbitrator.

GAIL GAS shall suggest a panel of three independent and distinguished persons to the other
party (Consultant) to select any one among them to act as the sole Arbitrator.

In the event of failure of the other party to select the Sole Arbitrator within 30 days from the
receipt of the communication suggesting the panel of arbitrators, the right of selection of sole
Arbitrator by the other party shall stand forfeited and GAIL GAS shall have discretion to
proceed with the appointment of the sole Arbitrator. The decision of the GAIL GAS on the
appointment of Sole Arbitrator shall be final and binding on the parties.

The award of the Sole Arbitrator shall be final and binding on the parties and unless
directed/awarded otherwise by the Sole Arbitrator, the cost of arbitration proceedings shall be
shared equally by the PARTIES. The arbitration proceeding shall be in English language and
the venue shall be at New Delhi, India.

38
 Subject to the above, the provisions of (Indian) Arbitration & Conciliation Act, 1996 and the
rules framed there-under shall be applicable. All matters relating to this contract are subject to
the exclusive jurisdiction of the Courts situated in the State of Delhi (India).

3.9.3 Consultant may please note that the Arbitration & Conciliation Act 1996 was enacted by the
Indian Parliament and is based on United Nations Commission on International Trade Law
(UNCITRAL model law), which were prepared after extensive consultation with Arbitral
Institutions and centers of International Commercial Arbitration. The United Nations General
Assembly vide resolution 31/98 adopted the UNCITRAL Arbitration rules on 15 December
1976.

ARTICLE 3.10: LEGAL CONSTRUCTION

3.10.1 Subject to the provisions of this Article, the Contract shall be, in all respects, constructed
and operated as an Indian Contract and in accordance with Indian Laws as in force for the
time being and is subject to and referred to the Court of Law situated at New Delhi.

ARTICLE 3.11: SUSPENSION OF THE PREFORMANCE OF DUTIES AND

SERVICES

3.11.1 GAIL GAS may suspend in whole or in part – the performance of services of Consultants
any time upon giving not less than fifteen (15) days notice.

3.11.2 Upon notice of suspension, Consultant shall suspend immediately the services and reduce
expenditure to a minimum to be agreed upon by both the parties.

3.11.3 Upon suspension of the performance of services, Consultant shall be entitled to

reimbursement of the costs which shall have been actually incurred prior to the date of such
suspension. However, the total reimbursement shall be restricted to contract price.

3.11.4 By fifteen days prior notice, GAIL GAS may request Consultant to resume the performance
of the services, without any additional cost to GAIL GAS.

3.11.5 In case of suspension of work by consultant on GAIL GAS’s request for more than 10 days,
demobilization and remobilization charges will be paid to consultant as per Schedule of
Rates.

3.11.6 If the suspension of the duties and services exceeds six months, either party shall be entitled
to terminate contract according to Article 3.16 hereunder.

ARTICLE 3.12: PRICE REDUCTION SCHEDULE (PRS)

3.12.1 In case Consultant fails to complete the services within stipulated period then unless such failure
is due to force majeure as defined in Article 3.19 hereinafter or due to GAIL GAS’s default,
there will be a reduction in contract price @ 1/2% for each week of delay or part thereof subject
to maximum of 5 % of contract price.

3.12.2 GAIL GAS may without prejudice to any methods of recovery, deduct the amount of such PRS
from any money due or which may at any time become due to Consultant from its obligations
and liabilities under the contract or by recovery against the Performance Bank Guarantee. Both
Consultant and GAIL GAS agree that the above percentage of price reduction are genuine pre-
estimates of the loss/damage which GAIL GAS would have suffered on account of delay/
breach on the part of Consultant and the said amount will be payable on demand without there
being any proof of the actual loss/or damage caused by such breach/delay. A decision of GAIL
GAS in the matter of applicability of price reduction shall be final and binding.

ARTICLE 3.13: ASSIGNMENT

39
 Consultant shall not have the right to assign or transfer the benefit and obligations of the
contract or any part thereof to the third party without the prior express approval in writing of
GAIL GAS which it shall do at its discretion. However, in event of that all legal/contractual
obligations shall be binding on Consultant only.

ARTICLE 3.14: INDUSTRIAL AND INTELLECTUAL PROPERTY

3.14.1 In order to perform the services, Consultant must obtain at its sole account, the necessary
assignments, permits and authorizations from the titleholder of the corresponding patents,
models, trademarks, names or other protected rights and shall keep GAIL GAS harmless and
indemnify GAIL GAS from and against claims, proceedings, damages, costs and expenses
(including but not limited to legal costs) for and/or on account of infringements of said patents,
models, trademarks names or other protected rights.

3.14.2 All documents, report, information, data etc. collected and prepared by Consultant in
connection with the scope of work submitted to GAIL GAS will be property of GAIL GAS.

3.14.3 Consultant shall not be entitled either directly or indirectly to make use of the documents,
reports given by GAIL GAS for carrying out of any services with any third parties.

3.14.4 Consultant shall not without the prior written consent of GAIL GAS be entitled to publish
studies or descriptive article with or without illustrations or data in respect of or in connection
with the performance of services.

ARTICLE 3.15: LIABILITIES

3.15.1 Without prejudice to any express provision in the contract, Consultant shall be solely
responsible for any delay, lack of performance, breach of agreement and/or any default under
this contract.

3.15.2 Consultant shall remain liable for any damages due to its gross negligence within the next 12
months after the issuance of the provisional acceptance certificate of the contract.

3.15.3 The amount of liability will be limited to 10% of the contract value.

ARTICLE 3.16: TERMINATION OF CONTRACT

3.16.1 Termination for Default

GAIL GAS reserves its right to terminate / short close the contract, without prejudice to
any other remedy for breach of CONTRACT, by giving one month notice if Consultant
fails to perform any obligation(s) under the CONTRACT and if Consultant, does not cure
his failure within a period of 30 days (or such longer period as GAIL GAS may authorize
in writing) after receipt of the default notice from GAIL GAS.

3.16.2 Termination for Insolvency

GAIL GAS may at any time terminate the CONTRACT by giving written notice without
compensation to Consultant, if Consultant becomes bankrupt or otherwise insolvent,
provided that such termination will not prejudice or affect any right of action or remedy
which has accrued or will accrue thereafter to GAIL GAS.

3.16.3 Termination for convenience

GAIL GAS may by written notice sent to consultant, terminate the contract, in whole or
part, at any time for its convenience. However, the payment shall be released to the extent

40
 to which performance of work executed as determined by GAIL GAS till the date upon
which such termination becomes effective.

ARTICLE 3.17: MODIFICATION

Any modification of or addition to the contract shall not be binding unless made in writing
and agreed by both the parties.

ARTICLE 3.18: CONTRACT/AGREEMENT

The notification of award along with agreement on non judicial stamp paper of appropriate
value of ________ as per proforma (Annexure – B) within 10 days from the date of receipt
of LOI, the cost of stamp paper is to be borne by Consultant, and its enclosures shall
constitute the contract between the parties and supersedes all other prior agreements,
arrangements and communications, whether oral or written, between the parties relating to the
subject matter hereof.

ARTICLE 3.19: FORCE MAJEURE

Shall mean and be limited to the following:

a) War/hostilities
b) Riot or Civil commotion
c) Earthquake, flood, tempest, lightening or other natural physical disaster.
d) Restrictions imposed by the Government or other statutory bodies which prevents or
delays the execution of the Contract by Consultant.

CONSULTANT shall advise GAIL GAS by a registered letter duly certified by the local
Chamber of Commerce or statutory authorities, the beginning and end of the above causes of
delay within seven (7) days of the occurrence and cessation of such Force Majeure Conditions.
In the event of delay lasting over one month, if arising out of causes of Force Majeure, GAIL
GAS reserves the right to cancel the Contract and the provisions governing termination stated
under Article 3.16 shall apply.

For delays arising out of Force Majeure, Consultant shall not claim extension in completion
date for a period exceeding the period of delay attributable to the causes of Force Majeure and
neither GAIL GAS nor Consultant shall be liable to pay extra costs provided it is mutually
established that Force Majeure Conditions did actually exist.

Consultant shall categorically specify the extent of Force Majeure Conditions prevalent in their
works at the time of submitting their bid and whether the same have been taken into
consideration or not in their quotations. In the event of any force majeure cause, Consultant or
the GAIL GAS shall not be liable for delays in performing their obligations under this order and
the completion dates will be extended to Consultant without being subject to price reduction for
delayed completion, as stated elsewhere.

ARTICLE – 3.20: Rectification Period

All services shall be rendered strictly in accordance with the terms and conditions stated in the
Contract.

No deviation from such conditions shall be made without GAIL GAS’S agreement in writing
which must be obtained before any work against the order is commenced. All services rendered
by Consultant pursuant to the Contract (irrespective of whether engineering, design data or
other information has been furnished, reviewed or approved by GAIL GAS) are guaranteed to
be of the best quality of their respective kinds.

41
 Consultant shall rectify at his own cost any mistake in assumption of any data in the study or
use of wrong data or faulty study observed within twelve months of the acceptance of his report
and will submit the rectified report incorporating the changes wherever applicable within 30
days of observance of mistake.

ARTICLE – 3.21: Sub Contract

Any sub contract to be made by the CONSULTANT relating to the services shall be made only
to such extent and with such duly qualified specialists and entities as shall be approved in
writing in advance by GAIL GAS. Upon the request of GAIL GAS, the consultant shall submit
for GAIL GAS’s prior approval, the terms of reference or any amendment thereof for such sub
contractor’s SERVICES. Notwithstanding such approval, the consultant shall remain fully
responsible for the performance of services under the CONTRACT.

ARTICLE – 3.22: Notices

3.22.1 Any notice given by one party to the other pursuant to the CONTRACT shall be sent in
writing or by telegram or fax, telex/cable confirmed in writing.

3.22.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is
later.

ARTICLE – 3.23: Acquisition of Data

If required, CONSULTANT shall be responsible for carrying out any surveys and
acquisition of all data from necessary sources. GAIL GAS, if requested in writing by
CONSULTANT, may assist the consultant in the said acquisition by way of issue of
recommendatory letters only. All requisite clearances, co-ordination, fees, charges, etc. and
compliance to the local laws required for completion of the job shall be the responsibility of
the CONSULTANT.

42
 SECTION – 4

SCOPE OF WORK,
DELIVERABLES
&
SPECIAL CONDITIONS OF CONTRACT

43
INDEX

 Scope of Work Part-1

 Health, Safety & Environment Policy Part-2
 SCC Part-3
 PMC Deliverables Part-4
 Period of Contract Part-5
 Annexures Part-6
 Annexure-1 : Cost Estimate Form
 Annexure-2 : Format of Bio-Data

44
 Part-1
CONSULTANT’S SCOPE OF WORK
4.1 INTRODUCTION
GAIL GAS LIMITED, a wholly owned subsidiary of GAIL (India) Ltd., planned to execute city
gas distribution projects to supply Natural Gas to Domestic, Commercial, Industrial and
Automobile Consumers in various cities in India.

As part of the above planning, GAIL GAS carried out Detailed Feasibility studies for
undertaking the projects and emerged as a successful bidder in four cities of Kota, Meerut,
Sonipat& Dewas in the first round of bidding.

GAIL Gas has various targets for CGD implementation for the five years. Accordingly , GAIL
GAS carried out partial works at Meerut, Sonipat , Kota and Dewas, for initial 3 years under
Phase -1,out of 5 years of target by appointing a EPMC consultant M/S WGI in June 2009
.
As on 31.05.2012, total Steel Network laid in four cities is approx.1711.18 inch km and 221.27
km in length thereby almost catering to the total Steel Grid three years targets. Similarly, by
31.05.2012, 7 CNG stations have been completed and approx. 410.39 km of MDPE Grid has
been laid.

In the four cities of Meerut, Sonipat, Kota and Dewas there are total 46 Charge Areas (Meerut
= 12 CA, Sonipat = 14 CA, Kota = 9 CA and Dewas = 11 CA). MDPE Grid has been designed
in 26 Charge Areas (Meerut = 07 CA, Sonipat = 09 CA, Kota = 5 CA and Dewas = 5 CA),
which were identified to be the most potential in Phase I.

Depending on the marketing demand and registration process, GAIL GAS will endeavor to
carry out balance domestic connections. Actual city gas distribution projects implementation
will depend on marketing demand, consumer registration etc. for the respective cities and the
quantities may vary during actual CGD implementation plan.

Based on above, material procurement and project implementation shall, however, be limited
to the facilities envisaged to be created within another two years project period from the date
of award of new EPMC. For a typical CGD project, it shall broadly include but not limited to
creation of a City Gate Station, Steel grid line (connecting various online CNG stations &
DRS), Mother/Online/ Daughter Booster CNG stations, District Regulating stations, MDPE
network and connecting various domestic / commercial and industrial consumers including
installing various meters/metering stations in the premises of consumers and households.

ENVISAGED QUANTITY OF WORK:

The envisaged quantity of work for two years from date of award under Phase-II of project
implementation for City Gas distribution projects for each of cities are indicated below:

A. Steel Grid and Consumer Connections (Domestic / Commercial /

Industrial)

Meerut City:

1. Steel Grid Pipeline:

a. 4” – 10” NB Under Ground Steel Pipeline : 100 – 150 inch kms

2. Consumer connections

a. Domestic Consumers : At actuals as per plan/marketing demand and domestic

registration.
b. Commercial Consumers :30 - 50 Nos.

c. Industrial Consumers : 20 - 30 Nos.

45
Kota City:

1. Steel Grid Pipeline:

a. 4” – 10” NB Under Ground Steel Pipeline : 50 – 100 inch kms

2. Consumer connections

a. Domestic Consumers : At actuals as per plan/marketing demand and domestic

registration.
b.Commercial Consumers : 20 - 30 Nos.

c. Industrial Consumers : 10 - 20 Nos.

3. CGS : 01 No

Sonipat :

1. Steel Grid Pipeline:

a. 4”-10” NB Under Ground Steel Pipeline : 100 –150 inch kms

2. Consumer connections

a. Domestic Consumers : At actuals as per plan/marketing demand and domestic

registration.
b.Commercial Consumers : 30 - 50 Nos.

c. Industrial Consumers : 20 - 30Nos

Dewas City :

1. Steel Grid Pipeline:

a. 4”- 10”NB Under Ground Steel Pipeline : 100 - 200 inch kms

2. Consumer connections

a. Domestic Consumers : At actuals as per plan/marketing demand and domestic

registration.
b.Commercial Consumers : 10 - 30 Nos.

c. Industrial Consumers : 10 - 20Nos

B. CNG Installations at Meerut,Sonipat,Kota and Dewas:

a) Mother Stations /Online / DBS: 6 - 10 Nos.

CNG Stations may depend on the type of land available and accordingly CNG stations shall be
planned and executed. There may be different execution models for CNG stations and as
anticipated, at present, could broadly consist of following type: (Refer SOR 3)

(i) CNG Station - COCO Model (Company Owned Company operated) –

In this type of Model CNG Station shall be developed on a new plot which may require site survey,
soil investigation,Engineering Consultancy services for total design of CNG station, Plot and
Equipment layouts, CCOE required Drawings, preparation of Architectural,Structural and detailed
Approved for Construction Drawings (AFC) of all facilities (like building, equipment
foundations,canopy,electrical system, cable /SS tube trench, all utilities etc.). As per site
requirement the decision of EIC shall be final.

46
 (ii) CNG Station - DODO Model (Dealer owned Dealer operated) –

In this type of Model CNG Station shall be developed on an existing plot / Retail outlet owned by
dealer. The CNG station shall be developed based on agreement between GGL and the dealer
and some of the jobs like site survey, soil investigation, building etc. may not be required. The
CNG Station shall be constructed by dealer and consultant’s scope is to provide required
engineering support as per GGL’s requirements /standards. Consultant’s scope is limited to Plot /
Equipment layouts, CCOE required drawings, preparation of required Approved for Construction
Drawings (AFC) for required facilities (like equipment foundations, canopy, electrical system, cable
/SS tube trench, any other required facility etc.).As per site requirement the decision of EIC shall
be final.

Various activities that may be required for constructing above referred type of CNG stations have
been listed below. There may be some activities which may not have been listed but may be
required to be done for overall completion /execution of the job without any additional cost.
Similarly depending upon site requirement, some of the activities listed below may / may not be
required.

I. Site Survey:

1. Topography Survey of CNG Station Plot along with details within minimum 100 Meter radius of the
plot.
2. Defining permanent bench marks at site with reference to approved existing bench marks for
ground level & other requirement.
3. Development of topograpicalinformations as per site survey plan.
4. Establishment of basic line, zero line and grid system for defining co-ordinates of various areas.
5. Surveying of the entire Site area and taking spot levels at every specified interval.
6. Establishment of Highest Flood Level ( H.F.L ) of the site and if required fornear by streams.
7. Surveying work should include the details of approach road showing connectivity with the main
road.
8. Preparation of survey and contour drawings.
9. Any other job not defined here but considered necessary for completion of work.

II. Soil Investigation

1. The objective of soil investigation survey is to obtain visual engineering classification of soil and
geotechnical properties of soil when specified in data sheet for design & engineering of various
facilities required in the CNG Station.
2. The soil investigation includes boring, collection of disturbed samples from bore holes and visual
engineering classification of soil within the CNG Station Site and submission of detailed report to
Company.
3. Visual classification of soil shall be in accordance with IS-1498; :IS Classification and Identification
of Soils for General Engineering Purposes” Geotechnical investigation of soil shall be carried out
as per relevant clauses of IS 1892 and other applicable IS standards.
4. Boreholes shall be made at all intermediate points where there is apparently a change in the type
of soil and at other places as given below by Company/Engineer-in-charge.
5. Boring shall be carried out in accordance with the provision of IS:1892. Minimum diameter of
boring shall be 150 mm. Auger boring shall be resorted to above water table, whereas below water
table the boreholes shall be advanced by rotary drilling with mud circulation through all kinds of soil
other than rock. While boring above water table, no water shall be introduced in boreholes. Casing
shall be used tosupport the sides of boreholes in soft to firm soil.
6. The boring shall be either terminated at a depth of 3 m below Natural Ground Level or on top of
bed rock if rock is encountered at a depth of less than 3 m.
7. Sampling: Disturbed representative samples shall be collected from all boreholes for visual
classification of soil. Collected soil samples shall be packed in container and identification label
shall affixed on it indicating bore hole no., depth and visual soil classification.
8. Presentation of Survey Data: Results of soil investigation survey shall be submitted in the form of
report covering as a minimum the following.
a. Visual engineering classification of soils encountered at Site in bore log form. Depth of
Ground Water Table (GWT) below NGL shall also be mentioned if encountered.
b. Soil profiles at theSite shall also be prepared and attached with the report.
c. Regions at theSite where hard rock is present and special excavation techniques like blasting,
etc. needs to be adopted for excavation shall be clearly indicated in the report.
Summary of results obtained from tests and their interpretation to evaluate soil parameters.

47
III. Preparation of Architectural, Structural, Electrical, Plumbing, Layout and all Other Drawings

The scope of consultancy services for Architectural, Structural, Electrical, Plumbing, Layout and all
Other Drawings shall include but not limited to the following services:

1. The Architect shall submit concept design keeping in view the current brand image of GAIL Gas
already existing at CNG Station for GAIL Gas's comments and final designs to statutory authorities
after incorporating GAIL Gas's comments.
2. The Architect shall render all comprehensive and professional architectural services in respect of
construction of CNG retail outlet stations including architectural and structural design based on soil
investigation reports, internal water supply system, sanitary installation, right of way, air-
conditioning (if any), fire fighting, ventilation, electrification, layout of internal telephone conduits,
landscaping graphics, interior & furniture work wherever required. The work to be so attended to
and the services to be so rendered by the Architects shall, in addition to the works and services set
out in the schedule annexed hereto, include the following:

i) Preparation of preliminary drawings and designs, i.e. preliminary sketches plans, elevations,
sections, scaled model for the entire site, perspective adequate to explain the general
planning and nature of the work basic dimensions and inclusive of ducts, shafts and such
other feature required for services.
ii) Preparation of drawings and documents for submission to statutory authorities for obtaining all
statutory approvals from agencies such as local Municipal Authorities, Town Planning &
Country Planning, Fire Service, Development Authority, Electric supply, Traffic Police, DCP
(Licensing), PWD, CPWD, NHAI, etc. and any other authorities as required. The layout shall
be prepared based on PNGRB / CCOE /Oil Industry Safety Directorate (OISD) guidelines.
iii) Supplying to owner required sets of drawings and documents and 6 sets of "Good for
Construction" Drawings for execution of works.
iv) To obtain the Building Plan Approval, wherever applicable from statutory authorities. However,
statutory fees if any for same will be reimbursed by GAIL Gas on production of Original
Receipts.
v) To review Soil investigation reports and get it rectified if required, and prepare the drawing
accordingly.
vi) Preparation of working drawings and details of all aspects of the work including architectural,
structural, sanitary and electrical works including air-conditioning if any etc. and obtaining the
approval of the owner/ statutory authorities for the same.
vii) The Architect shall prepare and submit complete detailed design calculation of building,
Structures (Like Canopy, foundations, etc) and all services including air-conditioning for
owner's information and records.
viii) The Structural Design of Building and Structures (Like Canopy, foundations, etc) are to be
carried out by a recognized/approved Chartered Structural Engineer.
ix) Preparation of complete drawings, details, specification and estimate for internal layout of the
building according to owner's requirements including revisions.
x) Scrutinizing and approving shop drawings and structural calculations, if any, furnished by
contractors.
xi) Ensuring safe and smooth vehicle movement in CNG stations.
xii) Design for landscaping of green area e.g. Buffer Strip, etc. for CNG Station
xiii) Preparation of drawings required for filling/grading/pavements, layout of underground piping,
roads, cable trench details, equipment foundations and buildings like control room substation,
relocation/rerouting of existing services/units etc.
xiv) Specifying fire proofing to the extent required.
xv) Design and detailed engineering as required for the Buildings, Foundations, Canopy, Monolith,
Signages, facia, Forecourt, Customer Shed, Washrooms, Fore-court, Buffer Area and
structure, operating platforms, stage etc. as well as static and rotating equipment foundations.
xvi) Design and detailed engineering as required for modifications, strengthening, relocation and
rerouting of existing units, service lines etc. in superstructure and underground.
xvii) To provide Structural Design Certificate confirming the safe structural design for CNG Station.

xviii) ELECTRICAL
a) Preparation of basic design criteria for electrical and communication facilities and
finalization of single line diagrams.
b) Preparation of circuit diagrams with all details and lines in accordance with final single line
diagrams covering power, lighting, control and instrument power supply requirements.
c) Prepare detailed instrument power distribution drawings and location of power distribution
panel.
d) Prepare detailed specification/drawings for control and instrumentation system.
e) Plan and detail layout of electrical room.
f) Prepare typical schematic control drawing for electrical equipment.

48
 g) Prepare cable layout plans showing general route of cable for power, main lighting
feeders etc.
h) Preparation of lighting layout and protection drawings.
i) Preparation of grounding/ earthing design and layout drawings.

xix) Preparation of "As Built Drawings" and submission to GAIL Gas for record along with
reproducible soft copy (preferably AutoCad Version).

Actual CNG Stations implementation will however be carried out as per the quantity finalized from
time to time for the respective city and keeping in mind the job already carried out /under
implementation. As such the indicated quantities in SOR may vary during actual execution.

C. Project Management Consultancy services: (Refer SOR item 4)

(i) PMC services for supply orders:

The tendering for supply orders may be required for any of the CGD activity depending upon job
/site requirement.

1. MDPE : MDPE Pipes / Fittings /Valves etc

2. CNG: SS Tubes / SS Fittings & Valves / Compressors / Cascades /Dispensers etc.
3. Steel: Line Pipe /Valves /Fittings / IJ etc.
4. Meters and Regulators: Metering skids, DRS, Meters, Regulators for Industrial,
Commercial and Domestic Requirement.

The above list of tender packages is indicative only and may include any other package required
for CGD implementation. The quantities indicated in SOR are indicative and actual package /
Tendering may vary depending upon job progress and site requirements.

(ii) PMC services for Works Contract:

The tendering for works contract may be required for the following CGD activity depending upon
job /site requirement.

1. ARC Steel Laying including CGS modification jobs.

2. ARC for MDPE Laying, Last mile and domestic connections.
3. Composite CNG Station Construction Tender including Civil, Electrical, Mechanical,
Instrumentation, SS Tube laying.

The above list of tender packages is indicative only and may include any other package required
for CGD implementation. The quantities indicated in SOR are indicative and actual package /
Tendering may vary depending upon job progress and site requirements.

Note: 1. There are certain ongoing supply orders and work contracts under various stages of
execution which shall be handed over by existing EPMC consultant. The consultant is
expected to provide his required services for post ordering activities /works contract of
these ongoing orders to ensure continuity. Any major job involvement for ongoing orders
like inspection / TPI etc. can be considered for payment under suitable SOR item.

2. Tender / NIT advertisement fees shall be in GAIL GAS’s scope and shall be reimbursed
to the consultant at actual. Tender fee received against sale of tender document from
various agencies shall be forwarded to GAIL GAS.

D. Engineering Consultancy services: (Refer SOR item 2)

This SOR shall be executed for job specific engineering consultancy requirement,assigned by EIC,
and the required mandays shall be mutually agreed prior to start of job.

Though most of the engineering activities had already been carried out and there may be further
requirement of engineering service, as required for any CGD project.Depending upon site
requirement broad details could be as follows but not limited to:

49
 (i) Engineering Consultancy services for analysis of present network and Design & development
of further steel /MDPE network ,submission of drawings suitable for achieving cumulative
domestic /commercial /industrial connections from the present level to the level limited upto
meeting 5 years of PNGRB target in all feasible CAs.

Carrying out any other engineering consultancy work including but not limited to the activities as
defined in Part 2 under Scope of Services , required for the implementation of CGD project in four
cities of Meerut, Kota, Sonipat, Dewas.

4.2 DETAILED SCOPE OF WORK/SERVICES

A. Engineering Consultancy Services to be performed by consultant shall include but not

limited to the following tasks:

1. The Engineering Consultancy Services (ECS) to be performed by consultant for city gas
distribution projects in the cities of Dewas, Kota, Sonipat& Meerut.

2. The Engineering Consultancy Services, site supervision, material procurement, inspection

etc shall be ensured by new EPMC contract to maintain continuity from the stage where the
outgoing EPMC contract relinquishes.

a) General

i. In the expansion of CGD network, the consultant is expected to align with existing design
philosophy / further improve with latest developments and preparation of time schedule of
balance engineering work activity-wise.

ii. Execution Plan for the consumers enroute and the project schedule thereof for supply of
Natural Gas to Domestic, Commercial, Industrial sector and CNG to automotive sector,
based on demand assessment projected in DFR , aforesaid infrastructure and PNGRB targets.

iii. Preparing balance design,Engineering for the project.

iv. Preparation of Standard Engineering Specifications. The system design basis for city gas
projects shall be on similar lines as already under implementation and also adopted for Delhi
City Gas Distribution Project of IGL.

v. Survey / GIS Survey and Network designing for balanceareas, as per demand, in four cities.

vi. Pipeline alignment survey and optimum route selection for required networks /extensions of
steel and PE networks.

vii. Pipe sizing for required distribution networks with safety provisions & Isolation valves.

viii. Identification of suitable sites for CNG stations, District Regulation Stations (DRS) and
Isolating Valve Stations (SV) along the all required network.

ix. Finalize locations and capacity of CNG/DRS in consultation with the GAIL GAS/client.

x. Preparation of specifications for different categories of CNG stations including all its
equipment.

xi. Preparation of specifications for PNG supply downstream of city gate station including steel
pipeline system and PE distribution system and selection of equipment for Odorization,
Metering Regulating Station, District Regulating Stations, Meters, Regulators, valves etc. ,as
required.

50
 xii. Preparation of Bill of Material and Material Specification for the complete PNG/CNG
systems up to end connections.

xiii. Preparation of Construction Specification including approved construction drawings and

QA/QC procedure for construction/installation of the complete system.

xiv. Interfacing with City gate Station with adequate controls and communication wherever
required.

xv. Selection of carriers for Mobile CNG storage.

xvi. Preparation of G.A. plans on site specific basis for approval by concerned authorities based on
safety norms etc. Preparation and release of all engineering drawings for vendors,
construction and O&M.

xvii. Preparation of BOQ, technical specification for all the material and technical specification for
all construction works.

xviii. Assisting GAIL GAS/CLIENT in coordinating the activities with various bodies/authorities in
obtaining clearances/priorities and attending hearings as required.

xix. Any other job not defined here but considered necessary for project design and engineering.

b) Architectural/ Civil/ Structural Engineering

i) Preparation of drawings and documents for submission to concerned authorities.

ii) Preparation of composite plot plans showing all facilities based on process package and GAIL
GAS/CLIENT information on site detailed and future plans including relocation of existing
facilities.
iii) Ensuring safe and smooth vehicle movement in CNG stations

iv) Preparation of drawings required for filling/grading/pavements, layout of underground piping,

roads, cable trench details, equipment foundations and buildings like control room substation,
relocation/rerouting of existing services/units etc.
v) Specifying fire proofing to the extent required.

vi) Preparations of material take off and specification of the above listed work.

vii) Design and detailed engineering as required for the buildings and structure, operating
platforms, stage etc. as well as static and rotating equipment foundations.

viii) Design and detailed engineering as required for modifications, strengthening, relocation and
rerouting of existing units, service lines etc. in superstructure and underground.

ix) Preparation of material take off for structural steel bars, channels, plates and cement bar
bending schedule.

x) Preparation of standards and specifications according to availability of materials and statutory

requirements or to the Indian Standards.

xi) Provide technical guidance on general civil, architectural, interior, signage, landscaping
elements of the project during its execution.

c) Material Equipment

i. Define scope and prepare specifications/datasheet of all items/equipment including spares.

51
 ii. Prepare technical specifications for erection of equipment.

iii. Classify all items/components for indigenous and imported procurement including spares.

d) Piping Engineering

i) Prepare technical specifications for carrying out route survey, major crossing survey and soil
resistivity survey, analyse the report and choose the optimal route.

ii) Prepare piping drawing and finalise piping route, plot plan and equipment arrangement
drawings.

iii) Prepare drawings for District Regulating Stations (DRS), valve chambers, pipeline markers,
foundation for DRS etc.

iv) Preparation of piping, general arrangement drawings and standards for piping supports,
design of temporary and permanent Cathodic Protection system etc.

v) Work out piping bill of materials covering pipes, fittings, valves etc. and prepare material
requisition for enquiry.

vi) Prepare technical specifications for piping laying, detailed BOQ, method of laying pipeline
etc.

vii) Define scope of insulation and painting and prepare technical specifications.

viii) Preparation of isometric drawing to the extent required.

ix) Preparation of drawings and design data/calculation for statutory approvals.

x) Prepare tender specifications for laying of steel, MDPE and GI pipelines and installations.

e) Instrumentation

i) Preparation detailed engineering specifications including sizing of control valves, safety

valves and orifice plates, other flow devices and elements data sheets for all instruments.
ii) Preparation of material requisition of all instruments for enquiry

iii) Preparation of location drawings of instrument giving position of control panels.

iv) Preparation of finalization of instruments panel, detailing all the pneumatic tubing and wiring
position of each instruments with tag number and with its connections.

v) Preparation of bill of materials for instruments with tag number and with its connections.

vi) Preparation of erection specifications for total instrumentation erection contract giving
schedule of quantities.

vii) Prepare detailed instrument power distribution drawings and location of power distribution
panel.

viii) Prepare detailed specification/drawings for control and instrumentation system.

f) Electrical

i) Preparation of basic design criteria for electrical and communication facilities and finalization
of single line diagrams.

52
ii) Preparation of circuit diagrams with all details and lines in accordance with final single line
diagrams covering power, lighting, control and instrument power supply requirements.

iii) Make calculations to size electrical equipment according to process requirement and prepare
complete specification of all electrical equipment.

iv) Preparation of technical specifications/data sheets and material requisition for all electrical
items for enquiry.

v) Preparation of data sheets with all details of equipment and distribution lines in accordance
with final single line diagram.

vi) Plan and detail layout of electrical room.

vii) Prepare typical schematic control drawing for electrical equipment.

viii) Prepare list of motors and other electrical equipment with all necessary detailed information
for engineering, procurement and construction purposes.

ix) Prepare cable layout plans showing general route of cable for power, main lighting feeders
etc.

x) Preparation of specification and schedule of quantities for erection tender.

xi) Preparation of lighting layout and protection drawings.

xii) Preparation of grounding/earthing design and layout drawings.

xiii) Preparation of relay protection coordination drawings

xiv) Prepare cable connection diagrams between electrical devices of the plant and in accordance
with final single line circuit diagrams.

xv) Prepare necessary operating manual for the electrical system covering the system description
and the operating philosophy which supplement the operating manual furnished by the
various equipment supplier.

B. The Project Management Consultancy(PMC) Services to be performed by Consultant

shall include but not limited to the following tasks:

a) General

i) Establish project scope ( including those to be handed over by existing EPMC consultant) and
procedures for procurement and construction contractors, construction supervision, QA/QC,
installation, erection and commissioning.

ii) Preparation of an overall project schedule/network i.e. engineering, procurement and

construction schedule identifying critical path, priority activities and target dates for
completion.

iii) Set up Project Procurement and field contracts procedures. Establish with GAIL
GAS/CLIENT the General Terms and Conditions to be used as attachment to all Purchase
Orders and site Contracts.

iv) Establish channel of communication between GAIL GAS/CLIENT vis-à-vis, Vendor and
contractors.

v) Hold weekly project review meetings with GAIL GAS/CLIENT or as mutually agreed.

53
vi) Coordinate all the activities of PMC including commissioning assistance.

vii) Preparation and release of site drawings and AFC drawings.

viii) Preparation and release of material requisition for enquiry, preparation of cost estimates,
technical and commercial scrutiny of offers and recommendation for order placement.

ix) Preparation of tender specifications for execution works, technical and commercial scrutiny of
offers and recommendation for order placement.

x) Approval of vendor drawings and incorporation of the same in AFC drawings as required.

xi) Prepare “as-built” drawings of mechanical/piping/civil/structural, electrical and

instrumentation work and submit four (4) sets reproducible to GAIL GAS /CLIENT.

xii) Assist GAIL GAS/CLIENT in acquiring land

xiii) Arrange for the Vendor’s as built drawings operation manuals, brochures, catalogues etc. and
handing over to GAIL GAS/CLIENT.

xiv) Planning and organizing detailed survey, soil investigation and feasibility surveys, study of
these surveys and development of alternative proposals for layout and general arrangements.

xv) Providing assistance in taking clearances and permissions to meet the schedule.

xvi) Coordination with authorities, Oil Marketing Companies and other concerned local parties in
obtaining clearances/work permits.

xvii) Submit periodically cost status/review which will outline the committed costs, the variations
with the estimate and the reasons thereof and any changes which are necessary through the
process of change order from GAIL GAS /CLIENT.

xviii) Preparation of an overall project schedule/network i.e. engineering, procurement and

construction schedule identifying critical path, priority activities and target dates for
completion with due consideration for clubbing various RFQ/Tenders of similar nature/Type
of various cities to optimize no. of Tenders.

xix) Updating the networks and project schedules regularly.

xx) Developing project information system for highlighting slippage and hold ups for
management action and control.

xxi) Liaise with the contractors/suppliers/vendors.

xxii) Approval of vendor and contractor documents

xxiii) Stores management including preparation of PSL, material reconciliation and settlement of
insurance claims etc.

xxiv) Submit the project completion reports, highlighting various problems encountered and
solutions provided.

xxv) Closing of contracts and supply orders.

xxvi) Resolving disputes, arbitrations with vendors, contractors, if any.

54
b) Procurement Services

Consultant would render the following specialist services for purchase, expediting, inspection
and custom clearance, transportation and stores management on behalf of GAIL
GAS/CLIENT.

Purchase and inspection

i) Prepare agreed vendor list and purchase procedures for imported and indigenous items.

ii) Prepare material requisition for enquiry.

iii) Issue purchase enquiries.

iv) Scrutinize offers and prepare technical & commercial recommendations.

v) Prepare and issue purchase requisition.

vi) Prepare draft L.O.I and/or purchase order.

vii) Approve manufacturing procedures, wherever necessary and identify materials to be used by
vendor in his shop.

viii) Approval of vendor drawings and data.

ix) Stage-wise inspection of material and equipment.

x) Witness and certify performance/acceptance tests in vendor's shop as per purchase

specifications terms and conditions.

xi) Inspection of materials at vendor’s works and GAIL/GAIL GAS/JVC’s stores.

Customs clearance and transportation

i) Rail/road route survey and establish modalities for transportation.

ii) Assist GAIL Gas in registration of all imported orders with custom authority

iii) Assist GAIL GAS/CLIENT in establishing clearing agents/transportation contractor and site
handling contractors.

iv) Assisting GAIL GAS/CLIENT in resolving customs/transportation issues.

v) Assist GAIL GAS /CLIENT in storage-cum-erection cover and transit insurance cover for all
equipment and materials.

vi) Coordination of the activities of indigenous vendors, transporters and insurance agents by
maintaining a regular contact with them for inland transportation of materials.

vii) Chase material movement for critical items till receipt at site.

c) Construction/Erection Supervision and commissioning

i) Based on the execution plan, drawings and work order( including those placed by existing
EPMC consultant & being executed at site), a detailed construction schedule to be developed

55
 with execution agency. A tentative list of Various on-going works at site along with %
completion is given in Annexure-II which needs to be supervised / inspected/ managed and
finally closed.

ii) To develop detailed quality assurance plan, test plan and inspection plan.

iii) Supervision and inspection of site activities, establishment of working procedures, QA/QC
procedures, documentation and signing of inspection reports, certification of bills / invoices
of contractors/vendors.

iv) Consultant to provide adequate number of qualified engineering staff to render day-to-day site
supervision, quality control and quality control during fabrication, construction and erection
activities.

v) All material testing and performance tests shall be fully witnessed and approved by
consultant’s engineering staff.

vi) To ensure compliance of statutory requirement viz. minimum wages act. Workers
compensation act. PF & ESI acts, safety acts, accident/insurance acts, labour license acts etc.

vii) To identify the unforeseen problems arising/likely to arise at site, underground services,
industrial/workmen unrest and to take appropriate prompt action concerned authorities, client,
police etc.

viii) To carry out stage/final inspection at place of manufacture/fabrication and installation.

ix) To ensure conformity with laid down/latest specifications, quality standards and trade
practices.

x) To carry out welders qualification test, electricians trade test, safety drills visitors
identification etc.

xi) To prepare weekly, fortnightly and monthly progress report, exception reports, deviation
report etc.

xii) Carry out expediting as required and prepare reports.

xiii) To maintain material consumption records, take detailed measurements at site, check RA and
final bills of the contractors.

xiv) To furnish completion/inspection certificates, organize handing over/taking over of complete

works.

xv) Provide necessary assistance during the commissioning as and when required

xvi) To provide technical support/supervision for trouble shooting and post-commissioning works
up to performance guarantee period of works/equipments.

C. CONSULTANT MANPOWER

i) The CONSULTANT shall deploy required number of manpower (on full-time basis),
qualified and experienced personnel e.g. professional engineers, subordinate engineering
personnel, construction supervisors, inspectors and other specialists of appropriate levels to
ensure:

o Quality in all stages and aspects as per requirement of codes, standards, specifications
and best international practices

56
 o Timely & expeditious completion of the project( including the existing on going
activities )

o Economize project expenses.

ii) Qualification and experience requirement of the consultant personnel are given here under at
Clause .v

iii) The consultant shall submit the following for approval of the owner after award of agreement

o Schedule of preliminary manning schedule

o Organization and reporting structure

iv) Typical organogram for consultant manpower requirement at Project HO & Site is also
required.

v) EPMC is obligated to depute qualified & sufficient manpower, as per the requirement, at site.
Moreover during leave change substitute manpower is to be provided after due consultation
with GAIL GAS. The EPMC will be required to depute qualified, experienced manpower for
the execution of the project. All the manpower deployed for project execution will be from
the permanent rolls of the consultant company only. The consultant will commit and ensure
that the complete manpower whose names have been proposed to be deployed for the project
execution at the time of submission of the bids are not changed during project execution.
Written permission from GAIL GAS will be required for this. The Consultant will submit bio
data of the substitute manpower proposed which will be approved by GAIL GAS before
inducting in the project. The various categories of manpower required to be deployed for the
project are detailed under:

Sl. No. Type Qualification & Experience

Knowledge
1 Project Manager Degree in Engineering in any Overall Experience: At least
Discipline. Knowledge of 15 years experience in
Project Management, executing projects in
Contracts Management, Codes Hydrocarbon Industry i.e. CGD
and Standards pertaining to project, Hydrocarbon Process
gas pipelines, Industry Plants, Pipelines (Hydrocarbon/
accepted Best Practices in Crude / Oil / Gas),
executing CGD projects, Petrochemical Plant, LPG
Government Guidelines. Plant, Refinery etc.

Mandatory Experience: Out of

the 15 years experience, at
least 6 year experience must
be in seniorposition in
execution of CGD projects.
2 Assistant/ Degree in Engineering in any Overall Experience: At least
Deputy Project Discipline Knowledge of Project 12 years experience in
Manager Management, Contracts executing projects in
Management, Codes and Hydrocarbon Industry i.e. CGD
Standards pertaining to gas project, Hydrocarbon Process
pipelines, Industry accepted Plants, Pipelines (Hydrocarbon/
best practices in executing Crude / Oil / Gas),
CGD projects. Petrochemical Plant, LPG
Plant, Refinery etc.

Mandatory Experience: Out of

the 12 years experience, at
least 4 year experience must
be in execution of CGD
projects.

3 Contracts Degree / Diploma / MBA in Overall Experience: At east

57
 Manager Contracts Management 10years experience in
/Degree in Engineering executing projects in
Knowledge of Procurement & Hydrocarbon Industry i.e. CGD
Contracts for goods related to project, Hydrocarbon Process
hydrocarbon industry, CGD Plants, Pipelines (Hydrocarbon/
project, pipelines, Knowledge Crude / Oil / Gas),
of regulations, notifications, Petrochemical Plant, LPG
acts pertaining to procurement Plant, Refinery etc.
of goods, works contract, local
tax structure, stores Mandatory Experience: Out of
management etc. the 10years experience, at
least 4 year experience must
be in senior position in
execution of CGD projects.
4 Planning Degree / Diploma in Overall Experience: At east
Manager Engineering / Project 10 years experience in
Management. Knowledge of executing projects in
Planning & Scheduling for Hydrocarbon Industry i.e. CGD
projects related to related to project, Hydrocarbon Process
hydrocarbon industry, CGD Plants, Pipelines (Hydrocarbon/
project, pipelines. Knowledge Crude / Oil / Gas),
of various activities related to Petrochemical Plant, LPG
execution of pipeline projects Plant, Refinery etc.

Mandatory Experience: Out of

the 10 years experience, at
least 4 year experience must
be in seniorposition in
execution of hydrocarbongas
CGD projects.

5 Engineering Degree / Diploma in any Overall Experience: At east

Manager discipline of Engineering. 10years experience in
Knowledge of all standards, executing projects in
codes required for the design Hydrocarbon Industry i.e. CGD
and engineering of CGD project, Hydrocarbon Process
project, pipeline projects. Plants, Pipelines (Hydrocarbon/
Knowledge of materials and Crude / Oil / Gas),
metallurgical properties for Petrochemical Plant, LPG
materials used in pipeline Plant, Refinery etc.
projects. Knowledge of Industry
accepted Best Practices in Mandatory Experience: Out of
designing & engineering the 10years experience, at
pipeline projects. Knowledge of least 4 year experience must
working in software tools be in senior position in design
related to system sizing, & engineering of CGD projects.
system optimization,
simulation, engineering etc.

6 Construction Degree in Engineering in any Overall Experience: At least

Manager Discipline / Diploma in Project 10years experience in
Management Knowledge of executing projects in,
Project Management, Hydrocarbon Industry i.e. CGD
Construction Management, project, Hydrocarbon Process
handling of contracts, Codes Plants, Pipelines (Hydrocarbon/
and Standards pertaining to Crude / Oil / Gas),
construction of gas pipelines, Petrochemical Plant, LPG
Industry accepted Best Plant, Refinery etc.
Practices in executing CGD
projects. Mandatory Experience: Out of
the 10years experience, at
least 4 year experience must
be in senior position in works
related to construction of CGD
projects.

58
 7 Inspection Degree / Diploma in Overall Experience: At least
Manager Engineering in any Discipline 10years experience in
along with ANST / INST level II execution of projects /
/ III certification.Knowledge of inspection in Hydrocarbon
codes / standards for Industry i.e. CGD project,
manufacturing and inspection Hydrocarbon Process Plants,
of line materials for pipeline Pipelines (Hydrocarbon/ Crude
projects. / Oil / Gas), Petrochemical
Plant, LPG Plant, Refinery etc.

Mandatory Experience: Out of

the 10 years experience, at
least 4 year experience must
be in inspection works related
to CGD project/ pipeline
materials / pipeline construction

The supporting staff / manpower under each type must have the working experience of at least 5
years in Hydrocarbon Industry i.e. CGD project, Hydrocarbon Process Plants, Pipelines
(Hydrocarbon/ Crude / Oil / Gas), Petrochemical Plant, LPG Plant, Refinery etc. out of which at
least 3 years experience must be in the relevant working area.

D. EXCLUSIONS FROM CONSULTANT’S SCOPE

The following are specifically excluded from scope, however, all technical assistance will be
provided by consultant:

(i) ROU for pipeline laying and land acquisition

(ii) Insurance policies shall be taken either by GAIL GAS or by Vendor/ Contractor.
However, lodging of insurance claims and realization of the same shall be done by
the consultant).

(iii) Industrial relation functions and implementation of labour laws at work sites.

(iv) Tender / NIT advertisement fees shall be in GAIL GAS’s scope and shall be
reimbursed to the consultant at actual. Tender fee received against sale of tender
document from various agencies shall be forwarded to GAIL GAS.

(v) Customs clearance and further transportation of imported materials from Mumbai
to the project site. However, any technical assistance if required during customs
clearance shall be provided by Consultant.

E. Addition, Reduction in scope and Re-tendering:

i) Addition and reduction of EPMC fees or extra works would be considered only in case
of major addition or deletion of the scope of the project.

ii) Change in drawings / documents in case of site decisions, land availability etc is to be
carried out by the EPMC without extra cost

iii) Additional works arising out of GAIL GAS policy change or change of decisions or for
reasons entirely attributable to GAIL GAS only will be considered as extra works

iv) Re-tendering of package, if any, shall be done without extra cost to GAIL GAS. Re-
tendering due to non-responsive, inadequate competition and higher price etc. shall
be carried out by PMC within the quoted cost.

F. OTHER CONDITIONS:

i) The CONSULTANT shall perform the work under this CONTRACT with diligence and
conforming to the best international practices available in this area.

ii) The CONSULTANT shall perform their obligations conforming to rules, regulations
and procedures prescribed by law.

59
 iii) The consultant shall take approval/concurrence from GAIL GAS on major and critical
issues e.g. Design Basis, P&IDS etc.

iv) There may be minor changes in scopes during the implementation of the project. The
consultant shall not be entitled for extra payment for the same.

v) The CONSULTANT shall suggest measures to cut-down cost and time over run
without compromising the quality of work required in implementing the project.

vi) The CONSULTANT shall provide approved drawings etc. well in time to the contractor
for commencing and proceeding with the work as per agreed schedule.

vii) The bidder is required to submit all the documents as required in the questionnaire
attached with this document.

viii) Bidders must have a coordination office in Delhi/ NCR (National Capital Region).

ix) GAIL GAS Scope : Giving Approvals on Design basis and all major documents, stage
wise approvals for procurement, issuance of Purchase orders, execute agreement
with vendors/ contractors, Releasing of payments as per PO / WO terms, opening of
Letter of Credits in favour of vendors etc. for all cases.

x) Any activity required to be carried out for completion of the project though not
specifically mentioned in the tender document shall be carried out at no extra cost to
GAIL GAS.

x) All assistance required by GAIL GAS (viz: but not limited to preparation of drawings,
documents, reports etc) for obtaining permissions and clearances from statutory
authorities shall be performed by the consultant at no extra cost to GAIL GAS.

xi) GAIL GAS shall issue fax of Intent, Purchase Order, Work Order, execute
agreement with vendors, opening of Letter of Credits in favour of vendors etc. for
all cases.

xii) Any activity required to be carried out for completion of the project though not
mentioned in the tender document shall be carried out at no extra cost to GAIL
GAS.

xiii) The consultant shall be responsible to prepare daily, weekly, fortnightly & monthly
progress reports of the Project in approved formats within the quoted price only.

xiv) The consultant shall attend (& contribute) to Project & Construction Review
meetings taken by GAIL GAS management at Project/ Corporate/ Site offices of
GAIL GAS and also at Vendor’s/ Contractor’s offices from time to time for
expeditious completion of the project which shall be participated at appropriate
level by PMC.

xv) The consultant shall put in requisite efforts to achieve accelerated time schedules
for project completion, if so required, at no extra cost to GAIL GAS.

xvi) For arbitration cases, PMC’s primary responsibilities, however not limited to, will
be as per the following till the final award of arbitration:

 Examining & providing reply of claims etc.

 Participation in arbitration proceedings.
 Appearance in judicial on behalf of clients requirement.

G PROJECT EXECUTION METHODOLOGY

The PMC will be required to prepare an execution Methodology for executing the CGD project with
the aim to economise the project cost and execute the project in the most effective way. The
Methodology will be prepared within the framework of the GAIL Gas procedures in Vogue. The
following sections outline the area which needs to be covered in the Execution Methodology.

60
 Sl. Item Description
a. Detail Engineering This will cover the details for engineering to be done
under various disciplines, listing of requirements,
preparation of Specifications, Material Requisitions,
Process Design Basis, Pipeline Sizing, CGS, CNG
Stations etc. Listing of standards based on which the
engineering has been done item wise. In the expansion of
CGD network, the consultant is expected to align with
existing design philosophy / further improve with latest
developments.
b. Contracts Management : This will highlight the identification of all materials for
Procurement Strategy (Open procurement and work orders. Estimating the cost of each
Tenders, Limited Tenders, material, works package. Mode of tendering inline with
MVL) for Procurement Pkg, GAIL GAS Contracts & Procurement Procedure. List of
Works Pkg vendors as per the Master Vendor List of PMC for items
to be procured through limited tendering.
c. Construction Management Consultant is required to establish his office infrastructure,
for site activities, movements, deployment of resources in
respective cities for execution of project with best
international practices. Construction Strategy and
Schedule. Certification of Contractors Bills.
d. Inspection Plan Detailed Plan and Methodology for inspection for various
categories of materials and construction including :
 Line Materials
 Main Line Valves, Terminal Valves
 Coated Line Pipes
 Rotary Equipments if the same exists
 Construction
 CGD / CNG STATION equipment’s
Methodology for Release of Materials after inspection.
Deployment schedule of manpower for Inspection.
e. Stores & Materials Stores Management for free issue materials. Methodology
Management for Management of Stores by PMC. Receipt & Delivery of
all Materials through GAIL GAS SAP Pkg. Generation of
Price Schedule Ledger. Listing & Handing of Construction
Surplus to GAIL GAS.
f. HSE Plan Health & Safety guidelines required to be followed in
construction, commissioning & startup. Standard to be
followed in
g. Project Planning & Scheduling Detailed plans and schedule for various elements of
WBS. Overall Project Schedule & Plan. Financial
Commitment Schedule & and Cash flow Plan for various
orders.
h. Project Hard Costs Basis of cost estimate and Estimated Cost against
various procurement & works package.
i. Resource Requirement Schedule for Deployment of Manpower for Project Office
and Construction Site. Organogram for Project Office &
Construction Site.
Details of resources other than manpower to be used for
project execution like PCs, Names of Software’s to be
used, Availability of communication facilities like vehicles,
phones, faxes, video conferencing etc
j. Project Closeout The PMC will devise and suggest the methodology for
project closeout, deliverables required to be submitted
during closeout, schedule for close out.

The methodology described under this section is broad minimum guidance for the consultant
and actual methodology followed shall not deviate much from this. The project is proposed to
be executed based on the following packages.

61
H Execution Plan

The description shall cover all aspects of the Project from award of Contract, through and
including aspects of the Basic Design and the Detailed Engineering, construction, completion,
commissioning and handover of the Project. Section 4.0 to be also referred.

Prior to start of activities for a Package, PMC shall invariably check the GAIL GAS inventory
for availability of any/ all items. If all the items/ materials in a package/ SOR ( Schedule Of
Rates). As such, subsequent activities for that package need not to be initiated/ prepared.
Accordingly, no payment shall be applicable to PMC for such items/ package(s).

I Quality Assurance

Bidder shall provide details of its intended compliance with Project Quality Assurance
requirements included with this Tender Documents.
This compliance shall be supported by quality statements and quality manuals for the Bidder
and all major subcontractors.

J Design Standards

The following design standards shall be used as a minimum in the Scope of work

(i) PNGRB Standards

(ii) Published Standards
(iii) Indian Standards
(iv) Oil industry Safety Directorate (OISD)
(In case of conflict among Indian Standards or with International Standards, owner
should be consulted for deviations which in Consultant’s opinion have cost impact)
(v) International Standards: ANSI, ASME, ASTM, API,SA,NACE,ISO,DIN,EN etc

K Cost Estimates
1. Prepare MR and detail cost estimates for bid comparison purpose.
2. Preparation of accurate estimates in time (based on past data/ CPWD basis/ Market rate
Analysis) for procurement items and works is an important activity in Cost Engineering.
Owner lays strong emphasis on accuracy of cost estimates and price difference beyond
(+/-) 10% shall call for analysis. In case of deviation between cost estimates & L1 price bid
being more than (+/-) 10% not backed by justifiable reasons and not beyond the control of
PMC shall be treated as deficiency of services by PMC.
3. In case of the deviation between cost estimate provided by the PMC at the time of bid
submission and the actual L1 price being more than (+/-) 20 %, then recovery shall be
effected from the PMC
s payment as below:

Let the actual awarded cost of a particular package = x

Let the total awarded cost of all the packages in the project = X
Therefore recovery for a package, where the cost estimate deviation is more than (+/-) 20%
deviation is given by:

(x / X) * (2% of awarded PMC cost)

Thus the payment against the milestone for “Accurate Cost Estimate” mentioned in
Payment terms of tender document shall be made only after order placement of all the
purchase/ work packages, as the value of X can be determined only then.
Format for reporting cost estimates is placed at Part-6 (Annexure-1)

62
 Part- 2
Health, Safety, Environmental Requirements

It is GAIL GAS’s objective policy to ensure that potential health and safety factors and
environmental effects are assessed for all products, projects and activities and acquisitions. For
projects this is implemented by staged audits of health, safety and environmental aspects from
concept stage to post commissioning in order to determine any shortcomings or non compliance.

The specific requirement includes the following:

a. Project Safety Review

A formal project safety review is to be carried out by owner and integrated across the
various contracts. The Owners review team will require data, input from key personnel
from other contractors and access to all locations being used by contractor,
subcontractors and suppliers. EPMC shall make all necessary arrangements for such
reviews as required by owner and shall ensure that contractors make available such data,
personnel and locations as required. EPMCs shall ensure that all recommendations and
findings from safety reviews are implemented by contractors in a timely manner.

b. Environmental Impact Assessment (EIA)

EPMC shall ensure that all recommendations resulting from the EIA/RRA studies, on
approval by owner, are incorporated in the tender documents for implementation by
contractors.

c. DELETED

d. Health, Site Safety and Security

EPMC shall be responsible, on behalf of Owner for ensuring a high standard of
occupational health and site safety management and for ensuring the requirements for
health, safety and security to be maintained by contractors, subcontractors and other
personnel working at site. EPMCs shall compile the safety requirement on contractors.
The purpose of these safety requirements shall be to prevent any accidents, incidents or
events that could result in injury or fatality to personnel from contractors, subcontractors or
PMC, Owner or third parties and/or damage or destruction to contractor’s or Owners
property, equipment and materials. The requirements shall be intended to supplement any
Governing Authority of India, state, municipal, local or other regulations applicable at the
site which PMC shall be obliged to enforce on behalf of owner. PMC shall agree with
Owner’s representative at site any variations between these requirements. PMC shall
monitor report and ensure that the above requirements are fully adhered to.

e. Site Safety Organization

EPMC is to appoint a safety - officers with appropriate staff support whose responsibility is
to monitor all safety activities on the job and report his findings to EPMC. The safety
officer shall make periodic safety inspections of the job site on a schedule that will provide
ongoing coverage. The inspections should be made jointly with the superintendents of the
contractors responsible for ongoing work in the areas to be inspected. Any infractions or
poor safety practices uncovered by these inspections shall be promptly corrected. Safety
requirements shall be enforced on the entire supervisory organization of the contractor
and subcontractors. Each location shall require enforcement of approved safety rules and
procedures by contractors and subcontractors.

63
 PART-3

SPECIAL CONDITIONS OF CONTRACT (SCC)

1.0 DEFINITIONS

In addition to meaning ascribed to certain capitalized terms in Section III “GCC”, following initial
capitalized terms shall have the meaning as ascribed to such term hereunder. In case any term
defined hereunder is also defined in Section III “GCC”, the meaning ascribed to such term
hereunder shall prevail:

Definitions

“Bid / Tender Documents” shall mean documents issued to the bidder pursuant to IFB and listed in
ITB.

“Effective Date” shall mean the date on which Contractor’s obligations will commence and that will
be date of Fax of Intent (FOI).

Interpretations / Amendments from GCC:

i) Where any portion of the GCC is repugnant to or at variance with any provisions of the SCC
then, unless a different intention appears, the provisions of the SCC shall be deemed to
govern the provisions of the GCC and SCC provisions shall prevail to the extent of such
repugnancy, or
variations exist.

ii) In Contract Documents unless otherwise stated specifically, the singular shall include the
plural and vice versa wherever the context so requires.

iii) Notwithstanding the sub-division of the Contract Documents into separate sections and
volumes every part of each shall be deemed to be supplementary to and complementary of
every other part and shall be read with and into the Agreement so far as it may be practicable
to do so.

iv) All headings, subtitles and marginal notes to the clauses of the GCC, SCC or to the
Specifications or to any other part of Bid Document are solely for the purpose of giving a
concise indication and not a summary of the contents thereof, and they shall never be deemed
to be part thereof or be used in the
interpretation or construction thereof.

v) Refer Article 3.6.1 of ‘GCC’ : Contract Performance Bank Guarantee (CPBG) shall be valid for
24 Months after the issuance of the provisional acceptance / completion certificate of the
contract as per Article 3.15.2 of ‘GCC’. Completion certificate will be issued by Engineer –in-
Charge of Owner on the acceptance of close out report as submitted by Consultant.

vi) Refer Article 3.8.2 of ‘GCC’: Prices shall be inclusive of all Taxes & Duties as applicable
except Service Tax and educational cess thereon. No variation including statutory in taxes &
Duties will be payable by Owner to the Consultant, however Service Tax and educational cess
thereon will be payable extra at actual to the Consultant against submission of cenvatable
invoice by Consultant to Owner to enable Owner to avail cenvat benefits.

2.0 CONTRACT PERIOD:

The duration of contract shall be 24 months from the date issue of FOI. The completion
period/schedule shall be as per Part -5.

EPMC is expected to maintain continuity for both procurement and works packages from the
ongoing CGD works in the four cities by the existing consultant. EPMC is required to put
Manpower and resources accordingly to complete the present scope as well as the ongoing
activities under various existing contracts. EPMC is required to work simultaneously in various
procurement / works packages and make strong efforts to execute the project on & before the
target date of commissioning.

64
 The date of handing over of closure report of all the order(s) placed by Project Management
Consultancy against subject order shall be the date of completion of subject order.

3.0 TERMS AND MODE OF PAYMENT

i) All the relevant clauses of GCC, ITB & SCC shall be applicable.

ii) Payment shall start only after signing of Contact Agreement & Receipt of Contract –cum-
Performance Bank Guarantee as per Tender document.

iii) Payments will be based on successful completion of SOR/ milestone activities, as per the
amount value quoted by the EPMC through e-banking. The consultant shall raise
MONTHLY invoices for the milestones attained during the billing period with required
documentation. The EPMC is required to mandatory fill all the columns against each
milestone. The Cumulative amount quoted against the milestones will be considered for
award of job. The details of the milestones are as enclosed at clause 3.1

iv) In case any milestone is not applicable, or not executable, or milestones are clubbed /
split, Payment would be effected with suitable clubbing / substitution with the approval of
engineer-in-charge.

v) The EPMC shall be responsible to submit the invoices through GAIL Bill Watch System
(BWS) and retain a electronic receipt on submission. GAIL GAS will not entertain any bill
not submitted through BWS. Owner shall Endeavour to release payments within 15 days
for the bills raised by the PMC through e-banking.

vi) Payment shall be made to the bank account bearing the name of PMC to whom work
order has been released by GAIL GAS. The EPMC should open account in India.

vii) Close out of Project” in milestone above refers to:

Mechanical completion of the project, subsequent commissioning of all facilities installed, closure
of all purchase orders, work orders, contracts, submission of all as built drawings, operating
manuals, documents etc from vendors/ contractors to owner and receipt of all unused material
from contractors and return to owner after due material reconciliation, recommending penalties,
recoveries if any for shortage, damages in goods and submission of Project Close Out Report, etc

Paying Authority: The Paying Authority will be Sr. Manager (F&A), GAIL Gas Limited , 2nd Floor,
HHEC Building, A-2, Sector-2, NOIDA – 201 301 (U.P)

Deduction at Source:

i) Owner will release the payment to the Consultant after effecting deductions as
per applicable law in force.
ii) Owner will release payments to the Consultant after offsetting all dues to the
Owner payable by the Consultant under the Contract.

3.1 Milestone list for release of Payment

The consultant shall raise the invoice at the stages defined below and the payment for each
SOR item shall be made in percentage of the value quoted for each item. The value of the
invoice in percentage of the lump sum value of each item due for stage wise payment shall be
as defined below:

Sl. Stage Description % of

payment
A. Project Management Consultancy Services
i) Purchase Tenders:
 Finalization of Tender ,BEC and floating of Tender 30%
10 %
 Acceptance of PBO recommendation
20 %
 Order Placement and Submission of Draft PO. 10 %
 Approval of Drawings, documents, QAP etc.
20 %
 Delivery of Materials

65
 10 %
 Closure of Contract
ii) Works Tenders:
 Finalization of Tender ,BEC and floating of Tender 30%
10 %
 Acceptance of PBO recommendation
20 %
 Order Placement and Submission of Draft PO.
 Approval of Drawings, documents, Procedures etc. 10%

 Commencement of construction work 20 %

 Closure of Contract 10 %

B CNG Station :
 Site Survey,Soil Investigation,Design,Plot and Equipment layout and 30%
preparation of preliminary drawings.
 Finalisation of CCOE and other statutory drawings to be submitted for 10%
approval.
 Finalisation of all required AFC drawings including 30%
Civil,Electrical,Architectural,Structural etc.
 Completion of CNG Station. 10%
 Submission of final As Built Drawings. 20 %

C. PMC services of site office

Inspection, Supervision & Construction management activities at site. To be
released on
monthly basis
as per actual
man power
deployed at
site

4.0 PERFORMANCE EVALUATION

The performance of Consultant to whom the award is placed shall be evaluated right from
submission of bid till the final completion, as per enclosed Attachment–II.

5.0 ORDER OF PRECEDENCE

In case of an irreconcilable conflict amongst General Conditions of Contract, Special Conditions of
Contract, Specifications or Price Schedule / Schedule of Rates, the following shall prevail to the
extent of such irreconcilable conflict in order of precedence :

i) Letter of Acceptance / Contract Agreement .

ii) Fax / Letter of Intent / Fax of Acceptance.
iii) Instruction to Bidders
iv) Special Conditions of Contract.
v) Scope of Work
vi) General Conditions of Contract.

6.0 KEY RESULT AREAS AND RECOVERIES

It is the prime responsibility of the PMC to complete the project in schedule time. The
consultant would schedule and execute project activities such as to complete the entire project
within the schedule. Recoveries would be effected for the delays attributable to the PMC. The
PMC shall be periodically intimated about their performance.

Key result areas of the performance of the PMC along with the indicated recoveries are
mentioned in the following table. This is in addition to Price Reducing Schedule as per article

66
3.12 of the GCC. Recoveries under this clause and PRS are subject to article 3.15 of GCC on
limitation of liabilities.

S no. Activity Time line Recovery

1 Evaluation of bids & 21 days from opening 5 % of the respective
submission of PBO of bids milestone amount
recommendation including
TQ / CQ, if any. (30 days in case of Line
pipe tenders.)
2 Submission of Award / 14 days from the date 5 % of the respective
Order placement of approval of PBO by milestone amount
recommendations. GAIL Gas .
3 Submission of draft LOA 7 days from the date of 5 % of the respective
and loading of PR/ Service Fax of Intent. milestone amount
Requisition in SAP
4 Approval of Drawings/ Within 14 days of 5 % of the respective
Documents of Vendors for receipt from Vendors milestone amount
manufacturing of
Equipment/ Materials.
5 Commencement of Within 7 days of 5 % of the respective
inspection for Equipments/ inspection call for ‘Delivery’ milestone
Materials Inland and within 15 amount.
days of inspection call
for Overseas.
6 Non deployment of key Rs 5,000 per day .
personnel as per deployment
requirement (for Project
Manager and Construction
Manager).

Notes :
(1) In all the above, calendar days are to be considered.
(2) Apart from above, Payments towards accurate cost estimate and non generation of
surplus would be regulated as per terms of milestone payment and other tender
conditions.
(3) Further, in case final time extension is granted without PRS, no recovery will be made.

67
 Part-4

PMC DELIVERABLES

The EPMC is required to submit all deliverables within the schedule in line with the requirement
mentioned in various sections of this document. The deliverables includes all documents,
drawings, Plan, Best Practices, Replies etc mentioned under various disciplines of the WBS
elements. The deliverables are summarized as under but not limited to:

i) All Periodic Reports, Daily Progress Reports during construction, Customized Reports,
presentations, best practices/ international practices required for submission to
Management / External Agencies.

ii) All documents related to engineering, tendering, ordering, manufacturing, delivery,

construction, commissioning.

iii) Stage wise recommendations

iv) Design basis, Data sheets, P&IDs, Engineering Drawings

v) Project Cost reports

vi) Various types of Plan, Manuals including Disaster Management Plan

vii) Documentation for CCOE, Nagpur compliance

viii) Performance Evaluation Reports of vendors / contractors

ix) Project Close out reports

x) Statutory documents

xi) Any other deliverable not mentioned here but required elsewhere in tender.

x) Both hard and editable soft copies to be provided.

68
 Part-5

CONTRACT PERIOD & PROJECT SCHEDULE:

Duration of Contract:

1. The duration of contract shall be 24 months from the date issue of FOI.

2. Time schedule of different activities:-

A. The total duration for completion of tendering cycle shall be maximum 15 weeks from the date
of approval of bill of material beyond which the clause for compensation of delay referred
under Price reduction schedule shall be applicable. The time schedule for different activities to
be performed by PMC as well as GAIL Gas shall be as follows:
S. No DESCRIPTION SCHEDULE
1 Bill of Material/Bill of Quantities Estimate of Rates 2 weeks
preparation of list of venders/ preparation of BQC, tender
and formal recommendation of GAIL Gas Ltd.
2 GAIL Gas approval of 1 above 1 weeks
3 Floating of Tender 1 weeks from approval by GAIL
Gas
4 Submission of Bids 2-3 weeks
5 Opening of bids, evaluation, and preparation of TBA and 2-3 weeks from opening of bids
recommendation of GAIL gas for opening of price bid.
6 GAIL Gas’s approval for opening of price bid 1 weeks
7 Opening of price bid & recommendation 2 weeks
8 GAIL Gas approval for recommendation 1 weeks
9 Submission of draft order copy 1 weeks

B. The time schedule of project and construction activities is as follows:

S. DESCRIPTION SCHEDULE
NO.
1 Project Activities
i) Project Progress Reporting Twice in month
ii) Material Consumption, Capitalization Once in month
iii) Budget Expenditure 2 weeks after intimation
iv) Material Reconciliation Quarterly
v) Clearing Supply Invoices/RA bills 1 weeks
vi) Closing of Contract 4 weeks after final handing over
2. Construction activities
Daily progress report On alternate days
RFC, JMR status Weekly
PE/GI Cards, Graph Monthly
Deviation Weekly

3. Tendering Activities: all efforts to be made for the floated tender to be completed in all respect
during the contract period. In case of any tender remaining uncompleted due to reason not
attributable to PMC, the PMC shall complete the scope to work of SOR item beyond the contract
period.

4. The EPMC would prepare detail schedule in consultation with GAIL GAS at the beginning / during
kickoff. All efforts should be made to meet all the intermediate schedule and milestones. EPMC is
required to plan and put manpower and resources accordingly. EPMC is required to work
simultaneously in various packages and works including the on- going ones and make strong efforts to
complete the project on or before this date.

69
 PART-6

ANNEXURE-1
COST ESTIMATE

NAME OF PROJECT :
NAME OF PACKAGE :
ESTIMATE DATE & VALIDITY :
TYPE OF COST STIMATE : DFR / EMD / PBO
TYPE OF DELIVERY : FOT / FOB
Delivery at Site : Destination / Port of Shipment / Works
Currency :
Exchange Rate :
Reference & Date of Exchange Rate:

1) Direct Cost:

S.NO. ITEM/ COMPONENT (with Est. Qty Est. Unit Rate Amount
brief specification)

Total=

2) Indirect Costs:
(i) FREIGHT
a. Shipment :
b. Inland :
(ii) INSURANCE :
(iii) TAXES (specify tax wise & its percentage) :
(iv) DUTIES (specify duty wise & its percentage):
(v) PACKAGING & FORWARDING :
(vi) HANDLING CHARGES :
(vii) OTHER ANTICIPATED COSTS :
TOTAL :

3) Total Landed Cost (1 + 2) :

4) List of Assumptions in the above cost :

5) Basis of Estimation :

6) Justification/ Reasons for variation (if any) :

Landed Cost Estimate Percentage Reasons for variation

variation
a) DFR EMD
b) EMD PBO
c) PBO Actual Cost

PMC’s Costing Department

Prepared by Reviewed by Approved and issued by PMC Project Manager

70
 PBO RECOMMENDATION FROM PMC

ANNEXURE-1
COST ESTIMATE

NAME OF PROJECT :
NAME OF PACKAGE :
ESTIMATE DATE & VALIDITY :
TYPE OF COST STIMATE : DFR / EMD / PBO
TYPE OF DELIVERY : FOT / FOB
Delivery at Site : Destination / Port of Shipment / Works
Currency :
Exchange Rate :
Reference & Date of Exchange Rate:

1) Direct Cost:

S.NO. ITEM/ COMPONENT (with Est. Qty Est. Unit Rate Amount
brief specification)

Total=

2) Indirect Costs:
(viii) FREIGHT
a. Shipment :
b. Inland :
(ix) INSURANCE :
(x) TAXES (specify tax wise & its percentage) :
(xi) DUTIES (specify duty wise & its percentage):
(xii) PACKAGING & FORWARDING :
(xiii) HANDLING CHARGES :
(xiv) OTHER ANTICIPATED COSTS :
TOTAL :

3) Total Landed Cost (1 + 2) :

4) List of Assumptions in the above cost :

5) Basis of Estimation :

6) Justification/ Reasons for variation (if any) :

Landed Cost Estimate Percentage Reasons for variation

variation
a) DFR EMD
b) EMD PBO
c) PBO Actual Cost

PMC’s Costing Department

Prepared by Reviewed by Approved and issued by PMC Project Manager

71
 AWARD RECOMMENDATION

1) Brief details of Bids

a) Bid document number and revision number
b) Scope of supply
c) Mode of tendering

2) Price Bid opening

i) PBO approval on which date.
ii) Date on which price bids were opened
iii) Reasons for delay is more than 3 days
iv) Price bid opening statement.

3) Bidders’ response
a) List of bidders whose PBO was recommended by PMC
b) List of bidders whose PBO has been approved by GAIL GAS
c) List of bidders who price bids were opened.
d) If a) and b) are not equal specify reason.

4) Is there any change in quantities as mentioned in SOR

a) Certificate that the quantities are final as on date
b) If there is any change in the quantities, give details.
c) If there is any change in the quantities, give the percentage variation from the SOR quantities
and mention under what provisions the variations in quantities will be dealt with.

5) Itemized LANDED price comparative statement with percentage variations from the estimate
a) Cost Estimate as per format. (cost estimate for PBO)
b) In case variation in the Final Estimate Cost and Recommended cost is more than 10%, the
analysis for the variation should be furnished.

6) If there is any AHR item, it should be indicated clearly with recommendations

7) In case of OEM / Proprietary item, has the latest standard rate list of the vendor been checked
and indicated?

8) In case quoted rates are lower by 10% from the estimate, have the reasons been specified?

9) Bid validity of all bids recommended for price bid opening.

10) EMD validity of all bids recommended for price bid opening.
a) Original of EMD

11) Final Recommendation.

a) Award price as compared to the estimate
b) Inspection agency approved for 3.1.C certification.
c) Negotiations required if any.

72
 ANNEXURE-2
Format for Bio data

Name
1.
2. DOB
3. Place of Birth
4. Nationality
5. Contact Details, Phone No., Email

6. Languages Know (Read, Write,

Speak)

7. Educational Qualifications

8. Professional Qualifications

9. Affiliations to Professional Bodies

10. Professional Experience

Organization From To Years Position Responsibilities

11. Computer & Software’s Proficiency

12. Any Other Information:

73
 SECTION – 5

PRICE SCHEDULE

Please refer SRM attachment for details

To be submitted by bidder as an SRM attachment

74
 PREAMBLE TO PRICE SCHEDULE / SCHEDULE OF RATES (SOR)

Price schedule shall be read in conjunction with General Conditions of Contract, Special Conditions of
Contract, and Instructions to Bidders & Scope of work of this Bid document.

i) Basis of Prices and Other Rates

The fixed lump sum prices and other rates set forth herein shall be inclusive of all cost, risk and
expense, overhead, profit and/or fee related to the satisfactory performance and completion of the
Work and all taxes and duties. The lump sum prices and other rates shall include any and all costs
related to management, design, engineering, tendering, bid evaluation, supervision, attendance at
all meetings with Owner/contractors (whether at Owner’s premises, Owner’s nominated location or
Consultant’s premises), inspection, testing and quality assurance/quality control of the Work, and
Progress monitoring as more particularly described in the Scope of Work, or elsewhere in the
Contract. Said lump sum prices and other rates shall include, but not be limited to, the costs of all
labour, supervision, management, (including, but not limited to, wages, benefits, payroll, taxes,
travel expenses, and other costs related thereto as are paid to employees), all equipment rental of
third party equipment, communications equipment, communications charges (including those
incurred by Owner while in Consultant’s offices), general administrative costs of Consultant’s
operation (including travel, lodging, boarding, transport facility, camp sites, offices) all operation
(including travel, lodging, boarding, transport facility, camp sites, offices) all reproduction and
graphics costs of whatever kind, stationery, postage and courier expenses, all insurance
requirements and coverage and financing, charges for over-time working (if required), charges for
working on holidays (if required), and all other costs or expenses of any type or kind whatsoever
which directly or indirectly relate to accomplishing the Work and complying in full with the
provisions of the Contract, and which are not otherwise set forth or referred to in the Contract as a
reimbursable expense. All downtime due to weather and mechanical breakdown shall be to
Consultant’s account and is deemed to be included in the fixed lump sum prices and other rates.

The quoted price of the bidder shall include, but not limited to the following:

 Usage of all existing and / or new office infrastructure

 Usage of all existing and/ or new Computers, hardware, software etc.
 All Printing , Reproduction , Communication and courier costs
 Expenses involved in travel (both inland and foreign), boarding, lodging, transportation of
the Consultant’s personnel and incidental expenses except as specified under SOR note.
 All expenses during construction including setting up of offices, camp facilities for the
consultant personnel, traveling, lodging, boarding.
 Fees paid to any other agency, company, organization, consultant/specialist;
 Income Tax; any other taxes payable in Consultant’s country or payable in India (except
service tax & education Cess).
 Any additional efforts due to Re-engineering, Re-tendering, Re-routing, Revision in tender/
specifications, revision in drawings or execution methodology etc., if required.
In addition to above, the quoted price shall include performance of all activities though not
specifically mentioned in tender, but otherwise required for overall completion of the
project.

ii) Errors and Omissions

Bidders shall ensure that there are no errors or omissions in the Priced Bid. All the columns of the
price bid are mandatory to be filled –up. In case, there is no amount, “0” (zero) needs to be
mentioned. In case any omissions are noticed in the Priced Bid, the Bid is liable to be rejected.

iii) Evaluation Criteria

Evaluation of prices shall be on lowest basis as per SOR inclusive of Service tax at full rate without
Cenvat benefit.

75
SECTION – 6

ANNEXURES

76
 ANNEXURE – A
Bid Form

To: GAIL Gas Limited Date:

_____________________
_____________________
_____________________

Dear Sir,

Having examined the Bid document No. the receipt of which is hereby duly acknowledged,
we, the undersigned, offer to provide consultancy services in conformity with the terms and
conditions of bid document.

We undertake, if our bid is accepted, to complete entire work as specified in the tender document
within the completion schedule specified therein. If our bid is accepted we will obtain the guarantee
of a Bank in a sum not exceeding 5% of the Contract price for the due performance of the Contract.

We agree to abide by this bid for a period of four months from the date fixed for bid opening under
Instructions to Bidders and it shall remain binding upon us and may be accepted at any time before
the expiration of that period.

Until a formal contract is prepared and executed, this bid, together with your written acceptance
thereof in your notification of award, shall constitute a binding Contract between us.

We understand that you are not bound to accept the lowest or any bid, you may receive.

Dated this Day of 201_

Signature of authorized signatory

Name: ----------------------------------
Date:
Designation:
Place:
Seal:...

77
 ANNEXURE – B
Contract Agreement Form

AGREEMENT for “_________” (hereinafter called the "Job") made on ______ day of _________, 2012
between M/s _________, hereinafter called the “CONSULTANT” (which term shall unless excluded by or
repugnant to the subject or context include its successors and permitted assignees) of the one part and the
GAIL GAS (India) Limited hereinafter called “GAIL GAS” (which term shall unless excluded by or
repugnant to the subject or context include its successors and assignees) of the other part.

WHEREAS
GAIL GAS being desirous of having provided for execution of certain work mentioned, enumerated or referred to
in the LOA including Completion Schedule of job has called for proposal.

A. The CONSULTANT has examined the Job specified in Bid Document of GAIL GAS and has satisfied
himself by careful examination before submitting his proposal as to the nature of the Job and local
conditions, the nature and magnitude of the Job, the availability of manpower and materials necessary
for the execution of Job and has made local and independent enquiries and obtained complete
information as to the matters and thing referred to, or implied in LOA or having any connection
therewith and has considered the nature and extent of all probable and possible situations, delays,
hindrances or interference’s to or with the execution and completion of the Job to be carried out under
the Agreement, and has examined and considered all other matters, conditions and things and
probable and possible contingencies, and generally all matters incidental thereto and auxiliary
thereof affecting the completion of the Job and which might have included him in making his
proposal.
B. The LOA including Completion Schedule of Job and Letter of Acceptance of proposal form part of this
Agreement though separately set out herein and are included in the expression Agreement wherever
herein used.

AND WHEREAS
GAIL GAS accepted the bid of the CONSULTANT for the provision and the execution of the said Job at the
values stated in bid and finally approved by GAIL GAS upon the terms and subject to the conditions of
Agreement.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS FOLLOWS
:

1. In consideration of the payment to be made to the CONSULTANT for the Job to be executed by him
the CONTRACTOR hereby covenants with GAIL GAS that the CONSULTANT shall and will duly
provide, execute and complete the said Job and shall do and perform all other acts and things in the
Agreement mentioned or described or which are to be implied there from or may be reasonably
necessary for the completion of the said Job and at the said times and in the manner and subject to the
terms and conditions or stipulations mentioned in the Agreement.

2. In consideration of the due provision execution and completion of the said Job, GAIL GAS does
hereby agree with the Agreement that GAIL GAS will pay to the CONSULTANT the respective
amounts for the Job actually done by him and approved by GAIL GAS at the amount specified in this
LOA, such payment to be made at such time in such manner as provided for in the Agreement and
LOA.

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

Signed and Delivered for Signed and Delivered for

and on behalf of and on behalf of
M/s GAIL Gas Limited M/s _________________

Date :________________ Date :_________________

Place:________________ Place:_________________

IN PRESENCE OF TWO WITNESSES

1.___________________________ 1. _____________________

2.__________________________ 2. _____________________

78
 ANNEXURE - C
PERFORMANCE SECURITY
(CONTRACT PERFORMANCE BANK GUARANTEE)
- UNCONDITIONAL

(TO BE STAMPED IN ACCORDANCE WITH STAMP ACT)

REF.

Bank Guarantee No.:

Date:
To

GAIL GAS) Limited

________________________
________________________
________________________

Dear Sirs,

In consideration of the GAIL GAS Limited, Noida (herein referred to as the OWNER which
expression shall unless repugnant to the context or meaning thereof include successors, administrators
and assigns) having awarded to M/s_______________ having principal office at
_______________________________________(hereinafter referred to as the “CONSULTANT”
which expression shall unless repugnant to the context or meaning thereof include their respective
successors, administrators, executors and assigns) the work of ------------------------by issue of
OWNER Order No._______________dated___________and the same having been accepted by the
Consultant resulting into CONTRACT for --------------------------- as per above referred Order having
a total value of _______________________for the work of --------------------------and the
CONSULTANT having agreed to provide a Contract Performance and warranty guarantee for faithful
performance of the aforementioned Contract to Owner.

We (bank) _________________________________having Head Office at (hereinafter referred to as

the Bank, which expressly shall, unless repugnant to the context or meaning thereof include
successors, administrators, executors and assigns) do hereby guarantee to undertake to pay the
OWNER on demand any and all moneys payable by the Consultant to the extent of 5%(Five percent)
of the Contract Prices as aforesaid at any time up to __________________________________
without a reference to the CONSULTANT. Any such demand made by OWNER on bank shall be
inclusive and binding not withstanding any difference between OWNER and CONSULTANT
discharges this guarantee. OWNER and CONSULTANT or any dispute pending before any Court,
Tribunals, arbitrators or any other Authority.

The bank undertakes not to revoke this guarantee during its currency without previous consent of
OWNER and further agrees that the guarantee herein contained shall continue to be enforceable till
the OWNER discharges this guarantee. OWNER shall have the fullest liberty without affecting in
any way the liability of the BANK under this guarantee from time to time to extend the time for
performance by CONSULTANT of the afore mentioned CONTRACT, OWNER shall have the fullest
liberty, without affecting this guarantee, to postpone from time to time the exercise of any power
vested in them or of any right which they might have against CONSULTANT, and to exercise the
same at any time in any manner, and either to enforce to forebear to enforce any covenants contained
or implied, in the aforementioned CONTRACT between OWNER and CONSULTANT or any other
course of or remedy or security available to OWNER. The BANK shall not be released of its
obligations under these presents by any exercise by OWNER of its liability with reference to the
matters aforesaid or any of them or by reason or any other acts of omission or commission on the part
of OWNER or any other indulgence shown by OWNER or by any other matter or thing whatsoever
which under law would, but for this provision, have the effect or relieving the BANK. The BANK
also agrees that OWNER at its option shall be entitled to enforced this Guarantee against the Bank as
a Principal debtor, in the first instance without proceeding against CONSULTANT and
notwithstanding any security or other guarantee that OWNER may have in relation to the
CONSULTANT’S liabilities.

Notwithstanding anything contained herein above our liability under this Guarantees restricted to
AND it shall remain in force upto and including ________and shall be extended from time to time for
such period as may be desired by the CONSULTANT on whose behalf this Guarantee has been given.

Therefore, we hereby affirm that we are guarantors and responsible to you on behalf of the Consultant
up to a total amount of (amount of guarantees in words and figures) and we undertake to pay you,
upon your first written demand declaring the Consultant to be in default under the contract and
without caveat or argument, any sum or sums within the limits of (amount of guarantee) as aforesaid,
without your needing to prove or show grounds or reasons for your demand or the sum specified
therein.

This guarantee is valid until the ________day of _______2012

We have power to issue this guarantee in your favour under memorandum and Article of Association
and the undersigned has full powers to do so under the Power of Attorney/Resolution of the Board of
Directors dated ________ accorded to him by the bank.
Dated The ___________day of _____________2012

WITNESS:
(SIGNATURE) (SIGNATURE)
BANK RUBBER
(NAME)
STAMP (NAME)
(OFFICIAL SEAL) Designation with bank stamp
Plus Attorney as per Power
Of Attorney/Resolution Board of Directors
Date:

80
 ANNEXURE- D
BRIEF SUMMARY OF AGREED TERMS AND CONDITIONS
Bidder’s Name M/s .............................
Bid Document No................................
Offer Ref................................

This Questionnaire duly filled in should be returned along with each copy of Un-priced Bid
failing which Offer/Bid will not be considered for evaluation. Clauses confirmed
hereunder should not be repeated in the Bid.
---------------------------------------------------------------------------------------------------------------

S. No. Description Bidder's Confirmation

---------------------------------------------------------------------------------------------------------------
1. It is noted that deviations to Terms &
Conditions shall lead to rejection of offer, as
specified in the Bid Document.

2. Ensure and confirm that prices quoted in

‘Schedule of Rates’, are for complete scope
of work as defined in the Bid document.

3. Ensure & confirm that quoted prices are

inclusive of all taxes, duties, levies etc. as
applicable under this contract including all
costs towards carrying out any surveys,
travel to India, site visits by it’s personnel,
stay in India, boarding, lodging, incidental
expenses etc. required for Project work.

4. Confirm that the offer shall remain valid for

acceptance up to 4 months from Final Bid
Due Date/Date of Opening of Bids.

5. Bidder’s name and address

6. Confirm that quoted prices shall remain firm till

completion of Project.

7. Please confirm the quoted prices are in

Indian Rupees .

8. Confirm acceptance of Completion period

as per requirement Specified in Bid
Document (to be reckoned from date of Fax
of Intent)

9. Confirm complete technical literatures/

catalogues and Users reference list
submitted along with offer.

---------------------------------------------------------------------------------------------------------------

81
S.No. Description Bidder's Confirmation
---------------------------------------------------------------------------------------------------------------

10. Confirm acceptance of Price Reduction

Schedule (PRS) for delay in completion
beyond contractually agreed completion
schedule as specified in the Bid Document.

11. Confirm that in case of delay in completion

beyond contractual completion date the
invoice shall be submitted for the amount
duly reduced to the extent of PRS against
each phase.

12. Confirm in case of delay in completion

beyond contractual completion date, any
new or additional taxes and duties imposed
shall be to Consultant’s account.

13. Confirm acceptance of relevant Terms of

Payment as specified in the Bid Document.
[Payment terms indicated in Bid Document
do not provide for any advance payment to
be made to the bidder(s)].

15. Confirm that Contract Performance Bank

Guarantee (CPBG) for 5% of order/contract
value shall be furnished within 30 days of
Fax of Intent, valid for 3 months beyond the
expiry of Guarantee/Warranty period as per
terms of Bid Document.

16. Confirm acceptance in toto of the Terms &

Conditions contained in-

i) Instructions to Bidders

ii) General Conditions of Contract

(GCC).

iii) Scope of work & Deliverables.

iv) All other commercial documents/

attachments of Bid Document.

a) In case of reservations, confirm that clause

wise comments have been specified as
annexure to this format.

82
---------------------------------------------------------------------------------------------------------------

S.No. Description Bidder's Confirmation

---------------------------------------------------------------------------------------------------------------

b) All the terms & conditions have been

indicated in this format (including
annexure, if any) and have not been
repeated in the bid elsewhere. It is noted
that Terms & Conditions indicated
elsewhere including any printed Terms &
Conditions, shall not be considered by
Owner.

17. The bidder is required to state whether any

of the Directors of bidder is not a relative of
any Director of Owner or the Bidder is a
firm in which any Director of Owner or his
relative is a partner or the Bidder is a
private company in which any Director of
Owner is a member or Director.

18. All correspondence must be in English

Language only.

19. Indicate Name & Contact No.

(Telephone/Fax No.) of person(s) to whom
queries, if any, are to be addressed against
your bid.

20. Owner reserves the right to make any

change in the terms & conditions of the Bid
Document and to reject any or all bids
including those received late or incomplete.

21. Confirm that all Bank charges associated

with Bidder’s Bank shall be borne by
Bidder.
22. Integrity Pact signed & submitted

BIDDER CONFIRMS THAT IN CASE OF CONFLICTING VERSION OF VARIOUS

TERMS & CONDITIONS AT DIFFERENT PLACES, THE CONFIRMATION
FURNISHED AS ABOVE SHALL BE CONSIDERED OVER-RIDING AND FINAL AND
ANY OTHER DEVIATION INDICATED ELSEWHERE SHALL BE TREATED AS
REDUNDANT.
Signature ________________________
Name ________________________
Designation ________________________
Office Stamp ________________________
Tel No. ________________________
Fax No. ________________________

83
 ANNEXURE - E

Proforma of Letter of Authority for Attending the

Bid Opening / Signing the Agreement
No. Date:

GAIL GAS Limited

_____________________
_____________________
_____________________

Attn:

Sub: Tender No.

Dear Sirs,

We.............................................................................do hereby confirm that Mr. (name and address)

_________________________________ is/are authorised to represent us for bid opening and signing
of the Agreement on our behalf with you against your above cited tender
for………………………………………..

We confirm that we shall be bound by all and whatsoever our representatives shall commit.

Yours faithfully

Signature

Name and Designation

for & on behalf of BIDDER
__________________________________________________________________________________
_

Note:

This letter of Authority should be on the letterhead of the Bidders and should be signed by a person
competent and having the power of attorney (power of attorney shall be annexed) to bind the bidder.

84
 ANNEXURE - F
BIDDER’S EXPERIENCE
Sl. Experience in similar Company Name Contract Number & Value
No. jobs Year

Note: * The bidder have to submit document i.e. copy of Award/work orders/completion
certificates as a proof of above experience details.

Signature ________________________

Name ________________________

Designation ________________________

Office Stamp ________________________

85
 ANNEXURE – G
ANNUAL TURNOVER

Applicant’s Legal Name : Date:

TENDER NO.
Page……..of……

Each Bidder must fill in this form (Single Entity)

Annual Turnover data for the last 3 years

Year Currency Amount Ex. Rate (*) Amount

(INR)
Year:1
Year:2
Year:3

1. The information supplied should be the Annual turnover of the applicant .

1. A brief note should be appended describing thereby details of turnover as per

audited results.

Signature of Bidder

(*) To filled by Owner/ Consultant

86
 ANNEXURE – H

DISCLAIMER
Bidders should ensure that bidding document is complete in all respects. In the event that the
bidding document or any part thereof is mutilated or missing, the bidder shall notify GAIL
GAS immediately at the following address:

GAIL GAS Limited

_____________________
_____________________
_____________________
Attn.: _______________
Tel:
Fax:

In the event such written notice is not received at the aforementioned office within seven (7)
days from the date of issue of the bidding document to the bidder, the bidding documents
received by the bidder shall be deemed to be complete in all respects. No extension of time
shall be granted under any circumstances to any bidder for submission of its bid on the grounds
that the bidder did not obtain a complete set of the bidding document.

GAIL GAS makes no representation or warranty, express or implied, as to the accuracy,

correctness and completeness of the information contained in the bidding documents.

87
 ANNEXURE – I

CHECKLIST FOR SUBMISSIONS/COMPLIANCE OF ITB,GCC AND

SCOPE OF WORK
(THIS CHECK MUST BE SUBMITTED WITH ORIGINAL BID/OFFER FAILING WHICH OFFER MAY
NOT BE CONSIDERED RESPONSIVE)

Clause No. Requirement Complied/ At Page No.

Submitted of Bid
ITB
RFQ Compliance to Zero Deviation
RFQ Bid Validity -04 Months
RFQ PF Registration certificate
2.1.1 BEC- Technical
2.1.1 (i) Copy of ISO Certification
2.1.1 (ii) Completion Certificate/Work Order indicating length not
less than 20 Km & size 8” /50km
2.1.2 Audited balanced Sheet or attested copy of it for the years
Financial 2008-2009, 2009-2010, and 2010-2011.
2.6 All Required Documents
2.12 Bid Document & its Addenda/Corrigenda duly signed
2.12.5.1.1 Bidder’s Profile
Power of Attorney
Work Scheduling……etc.
Commercial Terms and Conditions
Summary of Experience as per format in Annexure F
& Turnover details as per Annexure-G alongwith
balance Sheet
Profile of consulting resources, whom
CONSULTANT plans to associate with GAIL GAS’s
project, shall be made available to GAIL GAS
Declaration that Bidder has not been banned/ de-listed
Bidder’s testimonial
2.12.5.2 Price Bid
No Deviations are taken against the mentioned provisions
2.26. Agreement filled-in and signed
2.29 Integrity Pact signed & submitted
GCC
3.5 Payments terms
3.6.1 Performance Guarantee as per clause has been submitted
Anne-A Bid Form
Anne-D Agreed Terms and Conditions dully filled in and signed
Anne-E Letter of Authority
Anne-F Bidder Experience
Anne-G Annual Turnover
Anne-H Disclaimer
Anne-I Check List
Section-4 All compliances/documents required in Scope of Work
Consultant’s Scope of Work
4.4.4 Organogram for consultant manpower at Project HO &
Site
Compliance to scope of work
Project Execution Methodology.

88
Completion schedule
Compliance to Project Quality Assurance i.e. Quality
documents, statements & manuals etc.
Compliance to SCC clauses
Completion of Questioner

89
 ANNEXURE –J
PERFORMANCE EVALUATION

PURPOSE

1.1 GAIL GAS follows a system of Performance Evaluation of vendors and

contractors to monitor and ensure the timely and smooth completion of supplies,
execution of contracts, and maintenance of quality standards. The basic
objective is to recognize and develop reliable vendors and contractors who
consistently meet or exceed expectations and requirements of GAIL GAS with
respect to timely receipt of supplies, completion of work and services and the
quality specifications, standards. Vendors and contractors whose performance is
not found satisfactory will be debarred from future business with GAIL GAS.

1.2 All the suppliers and contractors working with GAIL GAS will be evaluated
based on the parameters defined in the performance Rating Data Sheet as per
enclosed Attachment –I.

1.3 The evaluated rating may be falling in any of the following category depending
upon the scoring of points in various parameters.:

Very good
Good
Fair
Poor

1.4 In case, a vendor/contractor is not able to achieve a minimum scoring of 60%

points in the given parameters individually and collectively for all parameters
i.e. with poor rating shall be put on “HOLIDAY” for a period of 1 to 3 years
depending upon the nature of failure on their part in performance and such
venders and contractors will not be allowed to participate in business with
GAIL GAS for the Holiday period.

1.5 The vendors and contractors will be blacklisted for submitting forged
documents in respect of experience, turnover and any other requirements
forming the basis for pre qualifying / eligibility criteria irrespective of their
rating in the past. Such vendors & Contractors will be debarred from having
business with GAIL GAS in future.

90
 ATTACHMENT - I

GAIL GAS LIMITED

PERFORMANCE RATING DATA SHEET

(FOR PROJECTS/CONSULTANCY JOBS)

(i) Project/Work Centre :

(ii) Order/Contract No. & Date :

(iii) Brief description of Items :

Works/Assignment

(iv) Order/Contract value (Rs.) :

(v) Name of Vendor/Contractor/ :

Consultant

(vi) Contracted delivery/ :

Completion Schedule

(vii) Actual delivery/ :

Completion date

Performance Delivery/Completion Quality Reliability Total

Parameter Performance Performance Performance
Maximum 40 40 20 100
Marks
Marks
Allocated (*)

Remarks (if any)

PERFORMANCE RATING (**):

Note:
(*) Allocation of marks would be as per enclosed instructions
(**) performance rating shall be classified as under :

Sl. Range (Marks) Rating

No.
1. 60 & below POOR
2. 61-75 FAIR
3. 76-90 GOOD
4. MORE THAN 90 VERY GOOD

Signature of Authorised signatory with name & designation

91
 INSTRUCTIONS FOR ALLOCATION OF MARKS

Marks are to be allocated as under :

1.1 DELIVERY/COMPLETION PERFORMANCE : 40 MARKS

Delivery Period / completion Delay in weeks Marks

Schedule
a) Up to 3 months Before CDD 40
Delay upto 4 weeks 35
Delay upto 8 weeks 30
Delay upto 10 weeks 25
Delay upto 12 weeks 20
Delay upto 16 weeks 15
More than 16 weeks 0

b) Above 3 months Before CDD 40

Delay upto 4 weeks 35
Delay upto 8 weeks 30
Delay upto 10 weeks 25
Delay upto 16 weeks 20
Delay upto 20 weeks 15
Delay upto 24 weeks 10
More than 24 weeks 0

1.2 QUALITY PERFORMANCE 40 MARKS

For Normal Cases: No Defects/No Deviation/No failure : 40 marks

i) Rejection/Defects Marks to be allocated on pro-rata 10 Marks

basis for acceptable quantity as
compared to total quantity for normal
cases
ii) When quality failure Failure of severe nature 0 marks
endangers the system - Moderate nature 5 marks
integration and safety - low severe nature 10-25
of the system. marks
iii) Number of deviations 1. No. deviation 5 Marks
2. No. of deviations <=2 2 marks
3. No. of deviations >2 0 marks

92
1.3 RELIABILITY PERFORMANCE 20 MARKS

A. FOR WORKS / CONTRACTS

i) Submission of order acceptance, agreement, PBG, Drawings 4 marks

and other documents within time
ii) Mobilization of resources as per Contact and in time 4 marks
iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS & E requirements 4 marks
Or
Reliability of Estimates/Design/Drawing etc. in case of
Consultancy jobs
v) Timely submission of estimates and other documents for 4 marks
Extra, Substituted & AHR items

B. FOR SUPPLIES

i) Submission of order acceptance, PBG , Drawing and other 5 marks

documents within time
ii) Attending complaints and requests for after Sales service/warranty 5 marks
repairs and/or query/advice (upto the evaluation period)
iii) Response to various correspondence and conformance to standards 5 marks
like ISO
iv) Submission of all required documents including Test Certificates 5 marks
at the time of supply

93
 Annexure - K

FORMAT FOR CERTIFICATE FROM STATUTORY AUDITOR FOR DETAILS OF

SIMILAR GOODS/
WORK/ SERVUCES SUPPLIED/ DONE DURING PAST ____________YEARS
(Applicable in all cases where bidder’s accounts are audited by Statutory
Auditor)
S Description of LOA/PO/W Full Postal Value of Date of Schedu Date Rea
the O No. and Address & Contract/ Comm led of son
N Goods/works/ date phone nos. of Order ence- Comple Actua s
o Services Client. Name, (Specify ment tion l for
. designation Currency of Time Comp dela
and address Amount) Work/ (Month letion y in
of Engineer/ Servic s) / exe
Officer-in- es or Deliver Suppl cuti
Charge (for supply y y on,
cases other of Schedu if
than goods le any
purchase)

1 2 3 4 5 6 7 8 9

Place: [Signature of Authorized Signatory of

Bidder] Date: Name: Designation:
Seal:
Instructions: (PI refer instruction before filing)
1.Copies of Letter of awards/ Order/ Work Orders and completion certificate (in case of works/
services) or IRN/Proof of delivery (in case of supplies, if applicable) to be enclosed.
2. The Supply/ Work/Services completed earlier than ____________ year need not be
indicated here.
3. The list of Supply/ Work/ Services, not of similar nature need not be indicated here. Failing to
comply aforementioned instructions may lead to rejection of bid.
4. Bidders are expected to provide details in respect of each Order in this Annex. The orders
cited must comply with the Bid Evaluation criteria specified in Tender Document. A detail
provided in this section is intended to serve as a backup for information provided in
Offer/Quotation. Bidder should also refer to the Instructions below.
5. A separate sheet should be filled for each LOA/Work Order/ Purchase Order.
6. Certificate from the Bidder’s statutory auditors must be furnished in the format below for
LOA/Work Order/ Purchase Order mentioned above (separately for each orders).
7. It may be noted that in the absence above certificates, the details would be considered
inadequate and could lead to the bid being considered ineligible for further evaluation.

94
Certificate from the Statutory Auditor regarding Supply of Good/ Works/
Services

Based on its books of accounts and other published

information authenticated by it, { this is to certify that
LOA/
PO/ WO No…………………………………………..dated…….………………. was awarded to
…………………………………………… (name of the Bidder) by ………………………… (Name
of Client) to
execute ………………… (name of Supply/Work/Service). The Supply/
Works/services commenced on
……………(date) and was/ is likely to be completed on
……………………. (date, if any). It is certified that the total
value of contract/order executed by ………………………….. (name of
bidder) was
………………………… (Specify Currency and amount) and executed
value was …………………… (Specify
Currency and amount).

Name of Audit Firm/:

[Signature of Authorized Signatory] Chartered Accountant
Date:
Name:
Designation:
Seal:
Membership no.

95