REGIONAL PIPELINE NETWORK HEADQUARTERS-GUJARAT

XXXX (India) Limited

(A Government of India Undertaking) (A Maharatna Company)

NEAR AJIT NAGAR, BEHIND SIR SAYAJI NAGAR GRUH, , OLD PADRA ROAD VADODARA-390015

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28 [E:TENDER-8000014066]

TENDER DOCUMENT

FOR

“HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHS PERIOD

Tender Submission Date & Time	:	21.11.2018at 13:00 Hrs.
Tender Opening Date & Time	:	21.11.2018 at 14:00 Hrs.
Pre-Bid Meeting Date & Time	:	14.11.2018 at 11:30 Hrs.
XXXXXXX MONEY DEPOSIT [EMD]	:	Section- I : Rs. 180000.00 Section -II : Rs. 20000.00 Section -III : Rs. 498700.00 Section –IV : Rs. 112800.00 -------------------------------- EMD -Total Amount for Rs.8,11,500.00 For all Sections-(I, II, III & IV) Cumulative
TENDER FEE	:	NOT APPLICABLE

TABLE OF CONTENTS

SECTION-I

INVITATION FOR BIDS [IFB]

SECTION-II

BIDDER’S ELIGIBILITY CRITERIA [BEC] & PRICE BID EVALUATION METHODOLOGY

SECTION-III

INSTRUCTIONS TO BIDDERS [ITB] AND FORMATS

(TO BE READ IN CONJUNCTION WITH BIDDING DATA SHEET (BDS)

SECTION-IV

GENERAL CONDITIONS OF CONTRACT [GCC]

SECTION-V

SPECIAL CONDITIONS OF CONTRACT [SCC]

SECTION-VI

SCOPE OF WORK [SOW] AND DETAILS OF LOCATION

SECTION-VII

HEALTH, SAFETY AND ENVIRONMENT[HSE] SPECIFICATIONS

SECTION- VIII

SCHEDULE OF RATES [SOR]

SECTION-I

INVITATION FOR BID (IFB)

SECTION-I

"INVITATION FOR BID (IFB)”

Ref No: GAIL/BDA/80316/C&P/ASB/18/W-28[E: TENDER-8000014066]] Date: 03.11.2018

To,

PROSPECTIVE BIDDERS

SUB: HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHS PERIOD

Dear Sir/Madam,

1.0 XXXX (India) Limited [having registered office at 00, Xxxxxxxx Xxxx Xxxxxx, Xxx Xxxxx 000000 XXX Xx. L40200DL1984GOI018976], the largest state-owned natural gas processing and distribution company and the youngest Maharatna, invites bids from bidders for the subject job/works, in complete accordance with the following details and enclosed Tender Documents.

E-TENDER		YES

MANUAL
		NO

2.0 The brief details of the tender are as under:

(A)

NAME OF WORK / BRIEF SCOPE OF WORK/JOB

HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER XXXXX XXXXXXXX

(B)

TENDER NO. & DATE

GAIL/BDA/80316/C&P/ASB/18/W- 28[E:TENDER-8000014066]] dated 03.11.2018

(C)

TYPE OF BIDDING SYSTEM

SINGLE BID SYSTEM

TWO BID SYSTEM

YES

(D)

TYPE OF TENDER

E-TENDER NO: 8000014066]

(E)

COMPLETION/CONTRACT PERIOD

For a period of 11 months commencing within 15 days from the date of Fax of Acceptance or from the date of deployment of First vehicle,

whichever is earlier.

(F)

TENDER FEE

(Inclusive of GST @18%)

Amount: INR 0.00(Refer clause no.5.2 of ITB)

(G)

BID SECURITY / XXXXXXX MONEY DEPOSIT (EMD)

APPLICABLE

YES

NOT APPLICABLE

Section- I : Rs. 180000.00 Section -II : Rs. 20000.00 Section -III : Rs. 498700.00

Section –IV : Rs. 112800.00

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

EMD -Total Amount for Rs.8,11,500.00

For all Sections-(I, II, III & IV) Cumulative

EMD applicable against each section is as mentioned above. If a bidder is quoting for one or more sections, the cumulative total of sections shall be considered as EMD.

(Refer clause no.16 of ITB)

MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with the provisions of PPP-2012 and Clause 40 of ITB. The Government Departments/PSUs are also exempted from the payment of EMD. However, Traders/Dealers/ Distributors /Stockiest

/Wholesaler are not entitled for exemption of EMD.

The documents/Certificate to be attested by Chartered Accountant and Notarized by Notary Public.

Note: For Startup bidders EMD is not applicable provided they submit the documents duly notarized as mentioned in Section-II of

tender document.(Relevant clause mentioned in GCC to be ignored)

(H)

AVAILABILITY OF TENDER DOCUMENT ON WEBSITE(S)

Date: 03.11.2018

xxxxx://xxxxxxx.xxxx.xx.xx , xxxx://xxxxxxxxxxx.xx or xxxx://xxxxxxx.xxx.xx

(I)

DATE, TIME & VENUE OF PRE-BID MEETING

Date: 14.11.2018.

Time : 11:30 Hrs.

Venue : XXXX (India) Limited

Near Ajit Nagar, Behind Sir Xxxxxx Xxxxx Xxxx, , Old Padra Road

Dist.: Vadodara (Gujarat) (India), PIN Code: 390015

APPLICABLE

NOT APPLICABLE

YES

(J)

DUE DATE & TIME OF BID-SUBMISSION

Date : 21.11.2018

Time: 13:00 Hrs.

(K)

DATE AND TIME OF UN-PRICED BID

OPENING

Date : 21.11.2018

Time : 14:00 Hrs.

(L)

CONTACT DETAILS

Sh. Xxxx Xxxxx, Xx. Xxxxxxx (C&P)/ Xxxxx Xxxxxxx

, DGM (C&P)

XXXX (India) Limited

Near Ajit Nagar, Behind Xxx Xxxxxx Xxxxx Xxxx, , Old Padra Road

Distt.: Vadodara (Gujarat) (India), PIN Code: 390015,

Ph: x00 000 0000000 Extn.381

Email id: xxx00000@xxxx.xx.xx; xxxxx.xxxxxxx@xxxx.xx.xx

In case of the days specified above happens to be a holiday in GAIL, the next working day shall be implied.

3.0 Bids must be submitted strictly in accordance with Clause No. 11 of ITB depending upon Type of Tender as mentioned at Clause no. 2.0 (D) of IFB. The IFB is an integral and inseparable part of the bidding document.

4.0 In case of e-tendering, the following documents in addition to uploading in the bid on GAIL’s e- tendering website shall also be submitted in Original (in physical form) within 7 (seven) days from the bid due date provided the scanned copies of the same have been uploaded in e-tender by the bidder along with e-bid within the due date and time to the address mentioned in Bid Data Sheet(BDS):-

i) Demand Draft towards Tender fee (if applicable)

ii) EMD/Bid Security (if applicable)

iii) Power of Attorney

iv) Integrity Pact (if applicable)

5.0 In case of Manual Bids, bids complete in all respect should reach at the address specified in Bid Data Sheet on or before the due date & time. Bids received after the due date and time is liable to be rejected.

6.0 Bidder(s) are advised to quote strictly as per terms and conditions of the tender documents and not to stipulate any deviations/exceptions.

7.0 Any bidder, who meets the Bid Evaluation Criteria (BEC) and wishes to quote against this Tender Document, may download the complete Tender Document along with its amendment(s) if any from websites as mentioned at 2.0 (H) of IFB and submit their Bid complete in all respect as per terms & conditions of Tender Document on or before the Due Date & Time of Bid Submission.

8.0 Bid(s) received from bidders to whom tender/information regarding this Tender Document has been issued as well as offers received from the bidder(s) by downloading Tender Document from above mentioned website(s) shall be taken into consideration for evaluation & award provided that the Bidder is found responsive subject to provisions contained in Clause No. 2 of ITB.

The Tender Document calls for offers on single point “Sole Bidder” responsibility basis (except where JV/Consortium bid is allowed pursuant to clause no. 3.0 of ITB) and in total compliance of Scope of Works as specified in Tender Document.

9.0 Clarification(s)/Corrigendum(s) if any shall also be available on above referred websites. Any revision, clarification, addendum, corrigendum, time extension, etc. to this Tender

Document will be hosted on the above mentioned website(s) only. Bidders are requested to visit the website regularly to keep themselves updated.

10.0 All the bidders including those who are not willing to submit their bid are required to submit F-11 (Acknowledgement cum Consent letter) duly filled within 7 days from receipt of tender information.

11.0 SAP generated Request for Quotation (RFQ), if any shall also form an integral part of the Tender Document.

12.0 GAIL reserves the right to reject any or all the bids received at its discretion without assigning any reason whatsoever.

This is not an Order. For & on behalf of XXXX (India) Limited

[Xxxx Xxxxx]

Sr. Manager [C& P]

Ph: x00-000-0000000; Extn: 381

E-mail: xxx00000@xxxx.xx.xx;

SECTION-II

BID EVALUATION CRITERIA & EVALUATION METHODOLOGY

1.0 BIDDER’S ELIGIBILITY CRITERIA [BEC]

SECTION-II

1.1 BEC-Technical (as a single bidder):

a) Bidder shall have experience of having executed at least a single order/contract of Providing of Vehicles to any Govt. / Semi Govt. /PSU / MNC/ Public Limited Company/Pvt. Ltd Company of minimum order value as mentioned in Table-1 below in previous 7 years prior to the due date of bid submission. In support of above bidder must submit the work order/Agreement & completion /execution certificate mentioning required details, duly attested by Notary public. For instance Work order/Agreement must clearly indicate Nature of work/ service, various components/items, period, and value. Similarly, completion certificate/ execution certificate must clearly indicate reference to relevant work order, Actual value of executed work, and Actual date of completion.

b) The bidder must own at least 2 or 30% of required quantity of vehicles rounded off to next higher digit whichever is higher as on due date of bid submission. This shall be determined based on no. of sections for which the bidder has participated against the tender.

These vehicles shall be having taxi permit and should be registered in the name of firm/bidder in case of Proprietorship/partnership concern and in the name of the firm/company for other than proprietorship/partnership concern.

1.2 In support of above, bidder must submit Copy of Valid RC, Insurance & Vehicle Fitness Certificate duly attested by Notary Public must be submitted by the bidder along with bid.

TABLE-I

SECTION

Item Description

Minimum Executed Value [in a single order / as per BEC (a) mentioned above *

Minimum Number of vehicles required as per BEC (b) mentioned

above (Rs.)

AC Toyota Innova Crysta 2.4GX/EQ XX XX or equivalent. Model Year: 2018, Seating Capacity: 07 passengers with driver, Minimum Fixed run 3000 kms. Per month. Duty 24 Hrs. per day for

Gujarat Section (09 Vehicles for 11 months

Rs.44.88 Lakhs

AC Toyota Innova Crysta 2.4GX/EQ XX XX or equivalent. Model Year:-2018, Seating Capacity: 07 passengers with driver, Minimum Fixed run 3000 kms. Per month. Duty 24 Hrs. per day for GAIL NCR/NOIDA (UP) SECTION (01 Vehicles for

11 months

Rs.04.99 Lakhs

III

AC Mahindra XYLO H4 ABS Airbag BSIV or equivalent superior vehicle for 24 Hrs/3000Kms Model Year: 2018, Seating Capacity: 07 passengers with driver, Minimum Fixed run 3000 km. Per month. Duty 24 Hrs. per day for Gujarat

Section (25 Vehicles for 11 months)

Rs.124.67 Lakhs

AC Tata Bolt XE Diesel/EQ XX XX or equivalent 24 Hrs. / 3000 km. per month. Model Year: 2018, Seating Capacity: 05 passengers with driver, for

Gujarat Section (09 Vehicles for 11 months)

Rs.28.20 Lakhs

Note for above BEC:

(i) In case a bidder is quoting for more than 01 SOR section, the minimum order value shall be cumulative for quoted sections as per table above e.g. i.e. for quoting all four section of SOR minimum order value shall be Rs.202.74 Lakhs.

(ii) If a bidder is quoting for all 04 section of SOR, the minimum no. of vehicles required as per BEC (b)/ table above shall be 16 (Sixteen )vehicles only.

(iii) If the bidder is quoting for more than one section of SOR, then the minimum no. of vehicles to be calculated based on the deployment of vehicles for particular sections of SOR (Refer BEC 1.1 (b)

(iv) The bidder to clearly indicate/confirm for which section(s) they have participated in the tender in their letter head and to be uploaded along with Part-A in e-tender portal.

(v) Experience criteria are not applicable for Startup bidders.

c) Bidder must possess a valid registration under “The Motor Transport Worker Act 1961”.

In support of above, bidder must submit copy of certificate of registration issued by concerned authorities duly attested by Notary Public.

1.3 BEC – FINANCIAL:- (AS A SINGLE BIDDER):-

Brief Description

No.

SOR SOR SECTION-

SOR SECTION-II

SECTION-I III

01 Minimum Value of Turn Rs.44.88 Rs.04.99 Lakhs Rs.124.67

Over Lakhs Lakhs

SOR

SECTION- IV Rs.28.20

Lakhs

1.3.1 ANNUAL TURN OVER:- The Annual Turnover of the bidder must have minimum value as shown in the table given below in any one of the three (03) previous financial years ending on 31st March’2018. i.e. FY: 2017-18, 2016-2017 & 2015-2016.

Note:

(i) In case bidder quotes for more than one SECTION, the requirement of Annual Turnover shall be on cumulative basis i.e.for all four Section minimum turn over shall be Rs.

202.74 Lakhs.

(ii) In case bidder quotes for only SECTION-II out of four SECTIONS, the requirement of

Annual Turnover shall NOT be applicable.

(iii) ANNUAL TURNOVER are not applicable for Startup bidders.

1.3.2 NET WORTH:

Net Worth of the bidder should be positive as per the last audited financial statement i.e. FY: 2017-2018.

1.3.3 WORKING CAPITAL:

The bidder should have minimum working capital of value as shown in the table given below

as per the last audited financial statement for the year i.e. the financial year 2017-2018.

Sl.

No.

Brief Description

SOR SECTION-I

SOR SECTION-II

SOR SECTION-III

SOR SECTION-IV

01 Minimum Value of working capital

Rs. 08.98 Lakhs

Rs. 01.00 Lakhs

Rs. 24.93 Lakhs Rs. 05.64 Lakhs

Note:

i) In case bidder quotes for more than one SECTION, the requirement of Working Capital shall be on cumulative basis, respectively for the quoted item for all four Section minimum working capital shall be Rs. 40.55 Lakhs.

ii) If the bidder’s working capital is inadequate, the bidder should supplement this with a letter from the bidder’s bank as per Format, F-15, having net worth not less than Rs. 100 Crores, confirming the availability of the line of credit at least for the short fall of working capital requirement as stated above.

iii) Bidder(s) shall submit Notarized copy of Audited Annual Financial Statement [Balance Sheet and Profit & Loss Account Statement] of any (relevant) of the three (3) preceding Financial Year(s), i.e. FY: 2017-18, 2016-2017 & 2015-2016 and "Details of financial capability of bidder” in prescribed Format-F-16 duly signed and stamped by a chartered accountant on Letter Head.

iv) In case, Annual Financial Statement [Balance Sheet and Profit & Loss Account Statement] of FY 2017-18 is not audited on the due date of ‘submission of bid/bid closing date’, bidder(s) to submit (upload in e-tender portal of GAIL) Notarized copy of Audited Annual Financial Statement [Balance Sheet and Profit & Loss Account Statement] of any one of the three (3) preceding financial years, i. e. FY: 2016-2017, 2015-16 & 2014-15 along with un-price bid”

Note:

(i) In case a bidder is quoting for more than one SOR Section, the requisite “Minimum Annual Turnover Amount” and “Minimum Working Capital” shall be on “Cumulative Basis” to ascertain the “Bidder Eligibility for the “Total Number of Quoted SOR Section” as mentioned above Table.

(ii) If a bidder is participating for SOR Section –II only (as per table) then Financial BEC is not applicable.

(iii) If a bidder is participating in more than one SOR Section then Financial BEC is Applicable.

Bidder not meeting any of the above mentioned BEC shall be rejected without assigning any reason whatsoever. XXXX’s decision in this regard shall be final and binding on the bidder.

2.0 METHODOLOGY FOR EVALUATION OF BIDS:

Financial evaluations of qualified bids shall be as under:

a) The bids shall be evaluated SOR section wise. Bidder has the option to quote for one of more or all the SOR Sections provided they fulfill the above Bidder’s Eligibility Criteria.

b) For the purpose of evaluation of bid and arriving at the L-1 (lowest) bidder, each SOR Section shall be evaluated separately on overall basis excluding GST and job shall be awarded to L-1 bidder basis of each SOR Section.

c) If a bidder participates for more than one Sections of SOR and qualifies for lesser no. of SOR Section or in the event of the vendor qualifies for more than one Section but does not qualify the BEC criteria for all the participating Sections in cumulative basis, then their offer shall be evaluated on “Least cost to GAIL basis and Lowest bidder(s) shall be identified accordingly. The GAIL decision in this regard shall be final and binding.

d) Benefits available to MSE shall be applicable.

FOR STARTUPS:

(i) If a start-up [whether Micro & Small Enterprises (MSEs) or otherwise] gets qualified without turnover and experience criteria specified in tender and emerges lowest bidder, the Order/LOA on such start up shall be placed for entire tendered quantity.

(ii) If a Start-up emerge lowest bidder, the LOA on such Start-up shall be placed for entire tendered quantity. However, Engineer-in-charge’s (EIC) of that contract shall draw monthly milestones/check points during the kick of Meeting and shall review the performance more carefully and shall take action as per provision of contract in case of failure/poor performance.

(iii) In case of a tie at the lowest bid (L1) position between two or more start-up/ non –start-up bidders, the order/LOA will be placed on the bidder who has higher/highest turnover in last audited financial year (i.e. 2017-18).

(iv) In case there is a tie at the lowest bid (L1) position between only start-up bidders and none of them has past turnover, the Order/LOA will be placed on the start-up who is registered earlier with Department of Industrial Promotion and Policy.

SECTION-III

INSTRUCTION TO BIDDERS

(TO BE READ IN CONJUNCTION WITH BIDDING DATA SHEET (BDS)

SECTION-III

INSTRUCTION TO BIDDERS

INDEX

[A] GENERAL:

1. SCOPE OF BID

2. ELIGIBLE BIDDERS

3. BIDS FROM CONSORTIUM / JOINT VENTURE

4. ONE BID PER BIDDER

5. COST OF BIDDING

6. SITE-VISIT

[B] BIDDING DOCUMENTS:

7. CONTENTS OF BIDDING DOCUMENTS

8. CLARIFICATION OF BIDDING DOCUMENTS

9. AMENDMENT OF BIDDING DOCUMENTS

[C] PREPARATION OF BIDS:

10. LANGUAGE OF BID

11. DOCUMENTS COMPRISING THE BID

12. SCHEDULE OF RATES / BID PRICES

13 GST (CGST & SGST/ UTGST or IGST )

14. BID CURRENCIES

15. BID VALIDITY

16. XXXXXXX MONEY DEPOSIT

17. PRE-BID MEETING

18. FORMAT AND SIGNING OF BID

19. ZERO DEVIATION & REJECTION CRITERIA

20. E-PAYMENT

[D] SUBMISSION OF BIDS:

21. SUBMISSION, SEALING AND MARKING OF BIDS

22. DEADLINE FOR SUBMISSION OF BIDS

23. LATE BIDS

24. MODIFICATION AND WITHDRAWAL OF BIDS

[E] BID OPENING AND EVALUATION:

25. EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

26. BID OPENING

27. CONFIDENTIALITY

28. CONTACTING THE EMPLOYER

29. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS

30. CORRECTION OF ERRORS

31. CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS

32. EVALUATION AND COMPARISON OF BIDS

33. COMPENSATION FOR EXTENDED STAY

34. PURCHASE PREFERENCE

[F] AWARD OF CONTRACT:

35. AWARD

36. NOTIFICATION OF AWARD / FAX OF ACCEPTANCE [FOA]

37. SIGNING OF AGREEMENT

38. CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT

39. PROCEDURE FOR ACTION IN CASE CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES

40. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISE

41. AHR ITEMS

42. VENDOR EVALUATION PROCEDURE

43. INCOME TAX & CORPORATE TAX

44. SETTLEMENT OF DISPUTES BETWEEN GOVERNMENT DEPARTMENT AND ANOTHER AND ONE GOVERNMENT DEPARTMENT AND PUBLIC ENTERPRISE AND ONE PUBLIC ENTERPRISE AND ANOTHER

45. DISPUTE RESOLUTION

46. INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS PROVIDERS)

47. PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS

48. CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING TO SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY

49. QUARTERLY CLOSURE OF THE CONTRACT

50. PROVISION FOR STARTUPS

[G] ANNEXURES:

1. ANNEXURE-I: PROCEDURE FOR ACTION IN CASE CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES

2. ANNEXURE-II: VENDOR PERFORMANCE EVALUATION PROCEDURE

3. ANNEXURE-III : ADDENDUM TO INSTRUCTIONS TO BIDDERS (INSTRUCTION FOR PARTICIPATION IN E-TENDER)

4. ANNEXURE-IV: BIDDING DATA SHEET (BDS)

INSTRUCTIONS TO BIDDERS [ITB]

(TO BE READ IN CONJUNCTION WITH BIDDING DATA SHEET (BDS)

[A] – GENERAL

1 SCOPE OF BID

1.1 The Employer as defined in the "General Conditions of Contract [GCC]", wishes to receive Bids as described in the Bidding Document/Tender document issued by Employer. Employer/Owner/GAIL occurring herein under shall be considered synonymous.

1.2 SCOPE OF BID: The scope of work/ Services shall be as defined in the Bidding documents.

1.3 The successful bidder will be expected to complete the scope of Bid within the period stated in Special Conditions of Contract.

1.4 Throughout the Bidding Documents, the terms 'Bid', 'Tender' & ‘Offer’ and their derivatives [Bidder/Tenderer, Bid/Tender/Offer etc.] are synonymous. Further, 'Day' means 'Calendar Day' and 'Singular' also means 'Plural'.

2 ELIGIBLE BIDDERS

2.1 The Bidder shall not be under a declaration of ineligibility by Employer for Corrupt/ Fraudulent/ Collusive/ Coercive practices, as defined in "Instructions to Bidders [ITB], Clause No. 39” (Action in case Corrupt/ Fraudulent/ Collusive/ Coercive Practices).

2.2 The Bidder is not put on ‘Holiday’ by GAIL or Public Sector Project Management Consultant (like EIL, Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or banned/blacklisted by Government department/ Public Sector on due date of submission of bid. Further, neither bidder nor their allied agency/(ies) (as defined in the Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on banning list of GAIL or the Ministry of Petroleum and Natural Gas.

If the bidding documents were issued inadvertently/ downloaded from website, offers submitted by such bidders shall not be considered for opening/ evaluation/Award and will be returned immediately to such bidders.

In case there is any change in status of the declaration prior to award of contract, the same has to be promptly informed to GAIL by the bidder.

It shall be the sole responsibility of the bidder to inform GAIL in case the bidder is put on ‘Holiday’ by GAIL or Public Sector Project Management Consultant (like EIL, Mecon. only due to “poor performance” or “corrupt and fraudulent practices”) or banned/blacklisted by Government department/ Public Sector on due date of submission of bid and during the course of finalization of the tender. Concealment of the facts shall

tantamount to misrepresentation of facts and shall lead to action against such Bidders as per clause 39 of ITB.

2.3 The Bidder should not be under any liquidation court receivership or similar proceedings on due date of submission of bid.

In case there is any change in status of the declaration prior to award of contract, the same has to be promptly informed to GAIL by the bidder.

It shall be the sole responsibility of the bidder to inform GAIL in case the bidder is under any liquidation court receivership or similar proceedings on due date of submission of bid and during the course of finalization of the tender. Concealment of the facts shall tantamount to misrepresentation of facts and shall lead to action against such Bidders as per clause no.39 of ITB.

2.4 Bidder shall not be affiliated with a firm or entity:

(i) that has provided consulting services related to the work to the Employer during the preparatory stages of the work or of the project of which the works/services forms a part of or

(ii) that has been hired (proposed to be hired) by the Employer as an Engineer/ Consultant for the contract.

2.5 Neither the firm/entity appointed as the Project Management Consultant (PMC) for a contract nor its affiliates/ JV’S/ Subsidiaries shall be allowed to participate in the tendering process unless it is the sole Licensor/Licensor nominated agent/ vendor.

2.6 Pursuant to qualification criteria set forth in the bidding document, the Bidder shall furnish all necessary supporting documentary evidence to establish Xxxxxx’s claim of meeting qualification criteria.

2.7 Power of Attorney:

In case of a Single Bidder, Power of Attorney issued by the Board of Directors/ CEO

/Chairman/ MD / Company Secretary of the Bidder/ all partners in case of Partnership firm/any person authorized in terms of Deed of LLP/Proprietor in favour of the authorised employee(s) of the Bidder, in respect of the particular tender for signing the Bid and all subsequent communications, agreements, documents etc. pertaining to the tender and to act and take any and all decision on behalf of the Bidder, is to be submitted.

In case of a Consortium/JV, Power of Attorney issued by Board of Directors/ CEO

/Chairman MD / Company Secretary of the Consortium Leader as well as Consortium Member(s) of the Consortium/ partners of JV, in favour of the authorised employee(s) of the Consortium Leader/Lead member of JV, for signing the documents on behalf of the Bidder, in respect of this particular tender, to sign the Bid and all subsequent communications, agreements, documents etc. pertaining to the tender and act and take any and all decision on behalf of the Consortium/JV, are to be submitted.

The authorized employee(s) of the Bidder shall be signing the Bid and any consequence resulting due to such signing shall be binding on the Bidder.

3 BIDS FROM "JOINT VENTURE"/"CONSORTIUM" (FOR APPLICABILITY OF THIS CLAUSE REFER BIDDING DATA SHEET(BDS))

3.1 Bids from consortium/ JV of two or more members (maximum three including leader) are acceptable provided that they fulfill the qualification criteria and requirements stated in the Bidding Documents. Participating Consortium/ JV shall submit the Agreement as per the format F-17 clearly defining the scope and responsibility of each member. Members of consortium/ JV shall assume responsibility jointly & severally. The EMD shall be submitted by the Bidder (Consortium/ JV).

3.2 The Consortium/ JV Agreement must clearly define the leader/ lead partner, who shall be responsible for timely completion of work/ services and shall receive/ send instructions for and on behalf of the consortium during the period the bid is under evaluation as well as during the execution of contract.

3.3 All the members shall authorize the representative from the lead partner by submitting a Power of attorney (on a non judicial stamp paper of appropriate value) signed by legally authorized signatories of all the member(s). Such authorization must be accompanied with the bid. The authorized signatory shall sign all the documents relating to the tender/ contract. However, in case of award, payment shall be made to the consortium.

3.4 A consortium/ JV once established at the time of submitting the Bid shall not be allowed to be altered with respect to constituting members of the JV/ Consortium or their respective roles/ scope of work, except if and when required in writing by owner. If during the evaluation of bids, a consortium/JV proposes any alteration/ changes in the orientation of consortium/JV or replacements or inclusions or exclusions of any partner(s)/ member(s) which had originally submitted the bid, bid from such a consortium/JV shall be liable for rejection.

3.5 Any member of the consortium/ JV shall not be eligible either in an individual capacity or be a part of any other consortium/JV to participate in this tender. Further, no member of the consortium/ JV shall be on ‘Holiday’ by GAIL or Public Sector Project Management Consultant (like EIL, Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or banned/ blacklisted by Government department/ Public Sector on due date of submission of bid. Offer submitted by such consortium/ JV shall not be considered for opening/ evaluation/Award.

4 ONE BID PER BIDDER

4.1 A Firm/Bidder shall submit only 'one [01] Bid' in the same Bidding Process. A Bidder who submits or participates in more than 'one [01] Bid' will cause all the proposals in which the Bidder has participated to be disqualified.

4.2 Alternative Bids shall not be considered.

5 COST OF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of the Bid including but not limited to Bank charges all courier charges including taxes & duties

etc. incurred thereof. Further, GAIL will in no case, be responsible or liable for these costs, regardless of the outcome of the bidding process.

6 SITE VISIT

6.1 The Bidder is advised to visit and examine the site of works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the Bid and entering into a Contract for the required job. The costs of visiting the site shall be borne by the Bidder.

6.2 The Bidder or any of its personnel or agents shall be granted permission by the Employer to enter upon its premises and land for the purpose of such visits, but only upon the express conditions that the Bidder, its personnel and agents will release and indemnify the Employer and its personnel, agents from and against all liabilities in respect thereof, and will be responsible for death or injury, loss or damage to property, and any other loss, damage, costs, and expenses incurred as a result of inspection.

6.3 The Bidder shall not be entitled to hold any claim against GAIL for non-compliance due to lack of any kind of pre-requisite information as it is the sole responsibility of the Bidder to obtain all the necessary information with regard to site, surrounding, working conditions, weather etc. on its own before submission of the bid.

[B] – BIDDING DOCUMENTS

7 CONTENTS OF BIDDING DOCUMENTS

7.1 The contents of Bidding Documents / Tender Documents are those stated below, and should be read in conjunction with any 'Addendum / Corrigendum' issued in accordance with "ITB: Clause-9":

 Section-I : Invitation for Bid [IFB]

 Section-II : BID EVALUATION CRITERIA [BEC] & Evaluation methodology

 Section-III : Instructions to Bidders [ITB]

Annexure Forms & Format

 Section-IV : General Conditions of Contract [GCC]

 Section-V : Special Conditions of Contract [SCC]

 Section-VI : Specifications, Scope of Work and Drawing

 Section-VII : Schedule of Rates

*Request for Quotation’, wherever applicable, shall also form part of the Bidding Document.

7.2 The Bidder is expected to examine all instructions, forms, terms & conditions in the Bidding Documents. The "Request for Quotation [RFQ] & Invitation for Bid (IFB)" together with all its attachments thereto, shall be considered to be read, understood and

accepted by the Bidders. Failure to furnish all information required by the Bidding Documents or submission of a Bid not substantially responsive to the Bidding Documents in every respect will be at Bidder's risk and may result in the rejection of his Bid.

8 CLARIFICATION OF BIDDING DOCUMENTS

8.1 A prospective Bidder requiring any clarification(s) of the Bidding Documents may notify GAIL in writing or by fax or email at XXXX's mailing address indicated in the BDS no later than 02 (two) days prior to pre-bid meeting (in cases where pre-bid meeting is scheduled) or 05 (five) days prior to the due date of submission of bid in cases where pre-bid meeting is not held. GAIL reserves the right to ignore the bidders request for clarification if received after the aforesaid period. XXXX xxx respond in writing to the request for clarification. XXXX's response including an explanation of the query, but without identifying the source of the query will be uploaded on GAIL’s tendering web site [xxxxx://xxxxxxx.xxxx.xx.xx; xxxx://xxxxxxxxxxx.xx and Government Website] / communicated to prospective bidders by e-mail/ fax.

8.2 Any clarification or information required by the Bidder but same not received by the Employer at clause 8.1 (refer BDS for address) above is liable to be considered as "no clarification / information required".

9 AMENDMENT OF BIDDING DOCUMENTS

9.1 At any time prior to the 'Bid Due Date', Owner may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding Documents by addenda/ corrigendum.

9.2 Any addendum/ corrigendum thus issued shall be integral part of the Tender Document and shall be hosted on the websites as provided at clause no. 2.0 (G) of IFB

/communicated to prospective bidders by e-mail/ fax. Bidders have to take into account all such addendum/ corrigendum before submitting their Bid.

9.3 The Employer, if consider necessary, may extend the date of submissions of Bid in order to allow the Bidders a reasonable time to furnish their most competitive bid taking into account the amendment issued thereof.

[C] – PREPARATION OF BIDS

10 LANGUAGE OF BID:

The bid prepared by the Bidder and all correspondence, drawing(s), document(s), certificate(s) etc. relating to the Bid exchanged by Bidder and GAIL shall be written in English language only. In case a document, certificate, printed literature etc. furnished by the Bidder in in a language other than English, the same should be accompanied by an English translation duly authenticated by the Chamber of Commerce of Bidders Country, in which case, for the purpose of interpretation of the Bid, the English translation shall govern.

11. DOCUMENTS COMPRISING THE BID

11.1 In case the Bids are invited under the Manual two Bid system. The Bid prepared by the Bidder shall comprise the following components sealed in 2 different envelopes:

11.1.1 ENVELOPE-I: "TECHNO-COMMERCIAL / UN-PRICED BID" shall contain the following:

(a) 'Covering Letter' on Bidder's 'Letterhead' clearly specifying the enclosed contents.

(b) 'Bidder's General Information', as per 'Form F-1'.

(d) Copies of documents, as required in 'Form F-3'

(e) As a confirmation that the prices are quoted in requisite format complying with the requirements copy of Schedule of Rate (SOR) with prices blanked out mentioning quoted / not quoted (as applicable) written against each item.

(f) 'Letter of Authority’ on the Letter Head, as per 'Form F-5'

(g) 'No Deviation Confirmation', as per 'Form F-6'

(h) 'Bidder's Declaration regarding Bankruptcy’, in 'Form F-7'

(i) 'Certificate for Non-Involvement of Government of India ' from Bidder, as per 'Form F-8'

(j) 'Agreed Terms and Conditions', as per 'Form F-10'

(k) 'ACKNOWLEDGEMENT CUM CONSENT LETTER', as per 'Form F-11'

(l) Duly attested documents in accordance with the "BID EVALUATION CRITERIA [BEC]" establishing the qualification.

(m) Undertaking on the Letter head, as per the Form F-12.

(n) Power of Attorney /copy of Board Resolution, in favour of the authorized signatory of the Bid, as per clause no.2.7 of ITB

(o) EMD in original as per Clause 16 of ITB

(p) All forms and Formats including Annexures

(q) List of consortium/ JV member (s), if any, and Consortium Agreement (as per format ) clearly defining their involvement & responsibility in this work, wherever applicable as specified elsewhere in the IFB/RFQ/BEC.

(r) ‘Integrity Pact’ as per ‘Form F-20’

(r) ‘Indemnity Bond’ as per ‘Form F-21’

(s) Tender Document duly signed/ digitally signed by the Authorized Signatory.

(t) Additional document specified in Bidding Data Sheet (BDS).

(u) Any other information/details required as per Bidding Document

Note: All the pages of the Bid must be signed by the "Authorized Signatory" of the Bidder.

11.1.2 ENVELOPE-II: Price Bid

i) The Prices are to be submitted strictly as per the Schedule of Rate of the bidding documents. GAIL shall not be responsible for any failure on the part of the bidder to follow the instructions.

ii) Bidders are advised NOT to mention Rebate/Discount separately, either in the SOR format or anywhere else in the offer. In case Bidder(s) intend to offer any

Rebate/Discount, they should include the same in the item rate(s) itself under the “Schedule of Rates (SOR)” and indicate the discounted unit rate(s) only.

iii) If any unconditional rebate has been offered in the quoted rate the same shall be considered in arriving at evaluated price. However no cognizance shall be taken for any conditional discount for the purpose of evaluation of the bids.

iv) In case, it is observed that any of the bidder(s) has/have offered suo-moto Discount/Rebate after opening of unpriced bid but before opening of price bids such discount /rebate(s) shall not be considered for evaluation. However, in the event of the bidder emerging as the lowest evaluated bidder without considering the discount/rebate(s), then such discount/rebate(s) offered by the bidder shall be considered for Award of Work and the same will be conclusive and binding on the bidder.

v) In the event as a result of techno-commercial discussions or pursuant to seeking clarifications / confirmations from bidders, while evaluating the un-priced part of the bid, any of the bidders submits a sealed envelope stating that it contains revised prices; such bidder(s) will be requested to withdraw the revised prices failing which the bid will not be considered for further evaluation.

vi) In case any bidder does not quote for any item(s) of “Schedule of Rates” and the estimated price impact is more than 10% of the quoted price, then the bid will be rejected. If such price impact of unquoted items is 10% or less of his quoted price, then the unquoted item(s) shall be loaded highest of the price quoted by the other bidders . If such bidder happens to be lowest evaluated bidder, price of unquoted items shall be considered as included in the quoted bid price.

11.2 In case the bids are invited under e-tendering system, bidders are requested to refer instructions for participating in E-Tendering enclosed herewith as Annexure-III and the ready reckoner for bidders available in xxxxx://xxxxxxx.xxxx.xx.xx. Bids submitted manually shall be rejected, the bids must be submitted on GAIL’s E-tendering website as follows :-

11.2.1 PART-I: “TECHNO-COMMERCIAL/UN-PRICED BID” comprising all the above documents mentioned at 11.1.1 along with copy of EMD/Bid Bond, copy of Power of Attorney and copy of integrity pact should be uploaded in the private area earmarked (Tender Document) in the GAIL’s e-tendering portal.

Further, Bidders must submit the original " EMD, Power of Attorney, Integrity Pact (wherever applicable) and any other documents specified in the Tender Document to the address mentioned in IFB, in a sealed envelope, superscribing the details of Tender Document (i.e. tender number & tender for) within 7 days from the date of un-priced bid opening.

Bidders are required to submit the EMD in original by Due Date and Time of Bid Submission or upload a scanned copy of the same in the Part-I of the Bid. If the Bidder is unable to submit EMD in original by Due Date and Time of Bid Submission, the Bidder is required to upload a scanned copy of the EMD in Part-I of Bid, provided the

original EMD, copy of which has been uploaded, is received within 7 days from the Due Date of Bid Opening, failing which the Bid will be rejected irrespective of their status/ranking in tendering process and notwithstanding the fact that a copy of EMD was earlier uploaded by the Bidder.

11.2.2 PART-II: PRICE BID

The Prices are to be filled strictly in the Schedule of Rate of the bidding documents and provision mentioned at para 11.1.2 hereinabove and to uploaded in SOR attachment/Conditions of E-tendering portal.

11.3 In case of bids invited under single bid system, a single envelope containing all documents specified at Clause 11.1.1 & 11.1.2 of ITB above form the BID. All corresponding conditions specified at Clause 11.1.1 & 11.1.2 of ITB shall become applicable in such a case.

12 SCHEDULE OF RATES / BID PRICES

12.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole works as described in Bidding Documents, based on the rates and prices submitted by the Bidder and accepted by the Employer. The prices quoted by the Bidders will be inclusive of all taxes except GST (CGST & SGST/UTGST or IGST).

12.2 Prices must be filled in format for "Schedule of Rates [SOR]" enclosed as part of Tender document. If quoted in separate typed sheets and any variation in item description, unit or quantity is noticed; the Bid is liable to be rejected.

12.3 Bidder shall quote for all the items of "SOR" after careful analysis of cost involved for the performance of the completed item considering all parts of the Bidding Document. In case any activity though specifically not covered in description of item under "SOR" but is required to complete the works as per Specifications, Scope of Work / Service, Standards, General Conditions of Contract (“GCC"), Special Conditions of Contract ("SCC") or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity.

12.4 All duties, taxes and other levies [if any] payable by the Contractor under the Contract, or for any other cause except final GST (CGST & SGST/ UTGST or IGST) shall be included in the rates / prices and the total bid-price submitted by the Bidder. Applicable rate of GST (CGST & SGST/ UTGST or IGST) on the contract value shall be indicated in Agreed Terms & Conditions (Format-F10) and SOR.

12.5 Prices quoted by the Bidder, shall remain firm and fixed and valid until completion of the Contract and will not be subject to variation on any account. Any new taxes & Duties, if imposed by the State/ Govt. of India after due date of bid submission but before the Contractual Delivery Date, shall be reimbursed to the contractor on submission of documentary evidence for proof of payment to State/ Govt. Authorities and after ascertaining it’s applicability with respect to the contract.

12.6 The Bidder shall quote the prices in 'figures' & words. There should not be any discrepancy between the prices indicated in figures and the price indicated in words. In case of any discrepancy, the same shall be dealt as per clause no. 30 of ITB.

12.7 Further, Bidder shall also mention the Service Accounting Codes (SAC) / Harmonized System of Nomenclature (HSN) at the designated place in SOR.

13 GST (CGST & SGST/ UTGST or IGST)

13.1 Bidders are required to submit copy of the GST Registration Certificate while submitting the bids wherever GST (CGST & SGST/UTGST or IGST) is applicable.

13.2 Quoted prices should be inclusive of all taxes and duties, except GST (CGST & SGST or IGST or UTGST). Please note that the responsibility of payment of GST (CGST & SGST or IGST or UTGST) lies with the Supplier of Goods / Services only. Supplier of Goods / Services (Service Provider) providing taxable service shall issue an Invoice/ Bill, as the case may be as per rules/ regulation of GST. Further, returns and details required to be filled under GST laws & rules should be timely filed by Supplier of Goods / Services (Service Provider) with requisite details.

Payments to Service Provider for claiming GST (CGST & SGST/UTGST or IGST) amount will be made provided the above formalities are fulfilled. Further, GAIL may seek copies of challan and certificate from Chartered Accountant for deposit of GST (CGST & SGST/UTGST or IGST) collected from Owner.

13.3 In case CBEC (Central Board of Excise and Customs)/ any equivalent Central Government agency/ State Government agency brings to the notice of GAIL that the Supplier of Goods / Services (Service Provider) has not remitted the amount towards GST (CGST & SGST/UTGST or IGST) collected from GAIL to the government exchequer, then, that Supplier of Goods / Services (Service Provider) shall be put under Holiday list of GAIL for period of six months as mentioned in Procedure for Evaluation of Performance of Vendors/ Suppliers/Contractors/ Consultants.

13.4 In case of statutory variation in GST (CGST & SGST/UTGST or IGST), other than due to change in turnover, payable on the contract value during contract period, the Supplier of Goods / Services (Service Provider) shall submit a copy of the 'Government Notification' to evidence the rate as applicable on the Bid due date and on the date of revision.

Beyond the contract period, in case GAIL is not entitled for input tax credit of GST (CGST & SGST/UTGST or IGST), then any increase in the rate of GST (CGST & SGST/UTGST or IGST) beyond the contractual delivery period shall be to Service Provider’s account whereas any decrease in the rate GST (CGST & SGST/UTGST or IGST) shall be passed on to the Owner.

Beyond the contract period, in case GAIL is entitled for input tax credit of GST (CGST & SGST/UTGST or IGST), then statutory variation in applicable GST (CGST & SGST/UTGST or IGST) on supply and on incidental services, shall be to GAIL’s account.

Claim for payment of GST (CGST & SGST/UTGST or IGST)/ Statutory variation, should be raised within two [02] months from the date of issue of 'Government Notification' for payment of differential (in %) GST (CGST & SGST/UTGST or IGST), otherwise claim in respect of above shall not be entertained for payment of arrears.

The base date for the purpose of applying statutory variation shall be the Bid Due Date.

13.5 Where the GAIL is entitled to avail the input tax credit of GST (CGST & SGST/UTGST or IGST):-

13.5.1 Owner/GAIL will reimburse the GST (CGST & SGST/UTGST or IGST) to the Supplier of Goods / Services (Service Provider) at actuals against submission of Invoices as per format specified in rules/ regulation of GST to enable Owner/GAIL to claim input tax credit of GST (CGST & SGST/UTGST or IGST) paid. In case of any variation in the executed quantities, the amount on which the GST (CGST & SGST/UTGST or IGST) is applicable shall be modified in same proportion. Returns and details required to be filled under GST laws & rules should be timely filed by supplier with requisite details.

13.5.2 The input tax credit of GST (CGST & SGST/UTGST or IGST) quoted shall be considered for evaluation of bids, as per evaluation criteria of tender document.

13.6 Where the GAIL is not entitled to avail/take the full input tax credit of GST (CGST & SGST/UTGST or IGST):-

13.6.1 Owner/GAIL will reimburse GST (CGST & SGST/UTGST or IGST) to the Supplier of Goods / Services (Service Provider) at actuals against submission of Invoices as per format specified in rules/ regulation of GST subject to the ceiling amount of GST (CGST & SGST/UTGST or IGST) as quoted by the bidder, subject to any statutory variations, except variations arising due to change in turnover. In case of any variation in the executed quantities (If directed and/or certified by the Engineer-In-Charge) the ceiling amount on which GST (CGST & SGST/UTGST or IGST) is applicable will be modified on pro-rata basis.

13.6.2 The bids will be evaluated based on total price including applicable GST (CGST & SGST/UTGST or IGST).

13.7 GAIL will prefer to deal with registered supplier of goods/ services under GST. Therefore, bidders are requested to get themselves registered under GST, it not registered yet.

However, in case any unregistered bidder is submitting their bid, their prices will be loaded with applicable GST (CGST & SGST/UTGST or IGST) while evaluation of bid bid (if applicable as per Govt. Act/ Law in vogue). Where GAIL is entitled for input credit of GST (CGST & SGST/UTGST or IGST), the same will be considered for evaluation of bid as per evaluation methodology of tender document.

13.8 In case GAIL is required to pay entire/certain portion of applicable GST (CGST & SGST/UTGST or IGST) and remaining portion, if any, is to be deposited by Bidder directly as per GST (CGST & SGST/UTGST or IGST) laws, entire applicable rate/amount of GST (CGST & SGST/UTGST or IGST) to be indicated by bidder in the SOR.

Where GAIL has the obligation to discharge GST (CGST & SGST/UTGST or IGST) liability under reverse charge mechanism and GAIL has paid or is /liable to pay GST (CGST & SGST/UTGST or IGST) to the Government on which interest or penalties becomes payable as per GST laws for any reason which is not attributable to GAIL or ITC with respect to such payments is not available to GAIL for any reason which is

not attributable to GAIL, then GAIL shall be entitled to deduct/ setoff / recover such amounts against any amounts paid or payable by GAIL to Contractor / Supplier.

13.9 Contractor shall ensure timely submission of invoice(s) as per rules/ regulations of GST with all required supporting document(s) within a period specified in Contracts/ LOA to enable GAIL to avail input tax credit. Further, returns and details required to be filled under GST laws & rules should be timely filed by supplier with requisite details.

If input tax credit with respect to GST (CGST & SGST/UTGST or IGST) is not available to GAIL for any reason which is not attributable to GAIL, then GAIL shall not be obligated or liable to pay or reimburse GST (CGST & SGST/UTGST or IGST) charged in the invoice(s) and shall be entitled to / deduct/ setoff /recover the such GST (CGST & SGST/UTGST or IGST UTGST) thereupon together with all penalties and interest if any, against any amounts paid or payable by GAIL to Supplier of Goods / Services.

13.10 Anti-profiteering clause

As per Clause 171 of GST Act it is mandatory to pass on the benefit due to reduction in rate of tax or from input tax credit to the consumer by way of commensurate reduction in prices. The Supplier of Goods / Services may note the above and quote their prices accordingly.

13.11 In case the GST rating of vendor on the GST portal / Govt. official website is negative / black listed, then the bids may be rejected by GAIL. Further, in case rating of bidder is negative / black listed after award award of work for supply of goods / services, then GAIL shall not be obligated or liable to pay or reimburse GST to such vendor and shall also be entitled to deduct / recover such GST along with all penalties / interest, if any, incurred by GAIL.

13.12 GST (CGST & SGST/UTGST or IGST) is implemented w.e.f. 01.07.2017 which subsumed various indirect taxes and duties applicable before 01.07.2017. Accordingly, the provisions of General Condition of Contract relating to taxes and duties which are subsumed in GST are modified to aforesaid provisions mentioned in clause no. 12 and 13 of ITB.

14 BID CURRENCIES:

Bidders must submit bid in Indian Rupees only.

15 BID VALIDITY

15.1 Bids shall be kept valid for period specified in BDS from the final Due date of submission of bid'. A Bid valid for a shorter period may be rejected by GAIL as 'non- responsive'.

15.2 In exceptional circumstances, prior to expiry of the original 'Bid Validity Period', the Employer may request the Bidders to extend the 'Period of Bid Validity' for a specified additional period. The request and the responses thereto shall be made in writing or by fax/email. A Bidder may refuse the request without forfeiture of his EMD. A Bidder agreeing to the request will not be required or permitted to modify his Bid, but will be required to extend the validity of its EMD for the period of the extension and in accordance with "ITB: Clause-16" in all respects.

16 XXXXXXX MONEY DEPOSIT

16.1 Bid must be accompanied with xxxxxxx money (i.e Xxxxxxx Money Deposit (EMD) also known as Bid Security) in the form of ‘Demand Draft’ / ‘Banker’s Cheque’ [in favour of XXXX (India) Limited payable at place mentioned in BDS] or ‘Bank Guarantee’ or ‘Letter of Credit’ strictly as per the format given in form F 4/ F- 4A (as the case may be) of the Tender Document. Bidder shall ensure that EMD submitted in the form of ‘Bank Guarantee’ or ‘Letter of Credit’ should have a validity of at least ‘two [02] months’ beyond the validity of the Bid. EMD submitted in the form of ‘Demand Draft’ or ‘Banker’s Cheque’ should be valid for three months.

Bid not accompanied with EMD, or EMD not in requisite format shall be liable for rejection. The EMD shall be submitted in Indian Rupees only.

16.2 The EMD is required to protect GAIL against the risk of Bidder’s conduct, which would warrant the forfeiture of EMD, pursuant to clause-16.7 of ITB.

16.3 GAIL shall not be liable to pay any documentation charges, Bank charges, commission, interest etc. on the amount of EMD. In case EMD is in the form of a ‘Bank Guarantee’, the same shall be from any Indian scheduled Bank or a branch of an International Bank situated in India and registered with ‘Reserve Bank of India’ as Scheduled Foreign Bank. However, in case of ‘Bank Guarantee’ from Banks other than the Nationalized Indian Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this effect should be made by such commercial Bank either in the ‘Bank Guarantee’ itself or separately on its letterhead.

16.4 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.3” may be rejected by GAIL as non-responsive.

16.5 Unsuccessful Bidder’s EMD will be discharged/ returned as promptly as possible, but not later than ‘thirty [30] days’ after finalization of tendering process.

16.6 The successful Bidder’s EMD will be discharged upon the Bidder’s acknowledging the ‘Award’ and signing the ‘Agreement’ (if applicable) and furnishing the ‘Contract Performance Security (CPS)/ Security Deposit’ pursuant to clause no. 38 of ITB.

16.7 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the following cases:

(a) If a Xxxxxx withdraws his Bid during the ‘Period of Bid Validity’

(b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice

(d) Violates any other condition, mentioned elsewhere in the Tender Document, which may lead to forfeiture of EMD.

(e) In the case of a successful Bidder, if the Bidder fails to:

(i) to acknowledge receipt of the “Notification of Award” / Fax of Acceptance[FOA]”,

(ii) to furnish “Contract Performance Security / Security Deposit”, in accordance with “ITB: Clause-38”

(iii) to accept ‘arithmetical corrections’ as per provision of the clause 30 of ITB.

16.8 In case EMD is in the form of ‘Bank Guarantee’ or ‘Letter of Credit’, the same must indicate the Tender Document No. and the name of Tender Document for which the Bidder is quoting. This is essential to have proper correlation at a later date.

16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with the provisions of PPP-2012 and Clause 40 of ITB. However, Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD.The Government Departments/PSUs are also exempted from the payment of EMD. Further, Startups are also exempted from the payment of EMD.

17 PRE-BID MEETING (IF APPLICABLE)

17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which will be held at address specified in IFB. It is expected that a bidder shall not depute more than 02 representatives for the meeting.

17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage and give hands-on e-tendering.

17.3 Text of the questions raised and the responses given, together with any responses prepared after the meeting, will be uploaded on GAIL e-tendering website against the Tender. Any modification of the Contents of Bidding Documents listed in "ITB: Clause- 7.1", that may become necessary as a result of the Pre-Bid Meeting shall be made by the Employer exclusively through the issue of an Addendum / Corrigendum pursuant to "ITB: Clause-9", and not through the minutes of the Pre-Bid Meeting.

17.4 Non-attendance of the Pre-Bid Meeting will not be a cause for disqualification of Bidder.

18 FORMAT AND SIGNING OF BID

18.1 The original and all copies of the Bid shall be typed or written in indelible ink [in the case of copies, photocopies are also acceptable] and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder (as per POA). The name and position held by each person signing, must be typed or printed below the signature. All pages of the Bid except for unamended printed literature where entry(s) or amendment(s) have been made shall be initialed by the person or persons signing the Bid.

18.2 The Bid shall contain no alterations, omissions, or additions, unless such corrections are initialed by the person or persons signing the Bid.

18.3 In case of e-tendering, digitally signed documents to be uploaded as detailed in addendum to ITB.

19 ZERO DEVIATION AND REJECTION CRITERIA

19.1 ZERO DEVIATION: Deviation to terms and conditions of "Bidding Documents" may lead to rejection of bid. GAIL will accept bids based on terms & conditions of "Bidding Documents" only. Bidder may note GAIL will determine the substantial responsiveness of each bid to the Bidding Documents pursuant to provision contained in clause 29 of ITB. For purpose of this, a substantially responsive bid is one which conforms to all terms and conditions of the Bidding Documents without deviations or reservations. XXXX's determination of a bid's responsiveness is based on the content of the bid itself without recourse to extrinsic evidence. GAIL reserves the right to raise technical and/or commercial query(s), if required, may be raised on the bidder(s). The response(s) to the same shall be in writing, and no change in the price(s) or substance of the bids shall be sought, offered or permitted. The substance of the bid includes but not limited to prices, completion, scope, technical specifications, etc. Bidders are requested to not to take any deviation/exception to the terms and conditions laid down in this "Tender Documents", and submit all requisite documents as mentioned in this "Tender Documents", failing which their offer will be liable for rejection. If a bidder does not reply to the queries in the permitted time frame then its bid shall be evaluated based on the documents available in the bid.

19.2 REJECTION CRITERIA: Notwithstanding the above, deviation to the following clauses of Tender document shall lead to summarily rejection of Bid:

(a) Firm Price

(b) Xxxxxxx Money Deposit / Bid Security

(d) Schedule of Rates / Price Schedule / Price Basis

(e) Duration / Period of Contract/ Completion schedule

(f) Period of Validity of Bid

(g) Price Reduction Schedule

(h) Contract Performance Security

(i) Guarantee / Defect Liability Period

(j) Arbitration / Resolution of Dispute/Jurisdiction of Court

(k) Force Majeure & Applicable Laws

(l) Integrity Pact, if Applicable

(m) Any other condition specifically mentioned in the tender document elsewhere that non-compliance of the clause lead to rejection of bid

Note: Further, it is once again reminded not to mention any condition in the Bid which is contradictory to the terms and conditions of Tender document.

20 E-PAYMENT

XXXX (India) Limited has initiated payments to Suppliers and Contractors electronically, and to facilitate the payments electronically through 'e-banking'. The successful bidder should give the details of his bank account as per the bank mandate form.

[D] – SUBMISSION OF BIDS

21 SUBMISSION, SEALING AND MARKING OF BIDS

21.1 In case of e-tendering, bids shall be submitted through e-tender mode in the manner specified elsewhere in tender document. No Manual/ Hard Copy (Original) offer shall be acceptable.

21.2 In case of manual tendering bid must be submitted in sealed envelope. If the envelope is not sealed & marked as per Clause No. 11 of ITB, the employer will assume no responsibility for misplacement or pre-mature opening of the bid.

21.3 All the bids shall be addressed to the owner at address specified in IFB.

21.4 Bids submitted under the name of AGENT/ CONSULTANT/ REPRESENTATIVE

/RETAINER/ ASSOCIATE etc. on behalf of a bidder/affiliate shall not be accepted.

22 DEADLINE FOR SUBMISSION OF BIDS

22.1 In case of e-bidding, the bids must be submitted through e-tender mode not later than the date and time specified in the tender documents/BDS.

22.2 In case of manual tendering EMD along with bid must be submitted within the due date & time.

22.3 XXXX xxx, in exceptional circumstances and at its discretion, extend the deadline for submission of Bids (clause 9 of ITB refers). In which case all rights and obligations of GAIL and the Bidders, previously subject to the original deadline will thereafter be subject to the deadline as extended. Notice for extension of due date of submission of bid will be uploaded on XXXX’s website/ communicated to the bidders.

23 LATE BIDS

23.1 Any bids received after the notified date and time of closing of tenders will be treated as late bids.

23.2 In case of e-tendering, e-tendering system of GAIL shall close immediately after the due date for submission of bid and no bids can be submitted thereafter.

In case of manual tendering, bids received by GAIL after the due date for submission of bids shall not be considered. Such late bids shall be returned to the bidder within “10 days” in ‘unopened conditions’. The EMD of such bidders shall be returned along with the un-opened bid. In case of e-tendering, where the bid bond/physical documents has been received but the bid is not submitted by the bidder in the e-tendering portal, such bid bond/ physical documents shall be returned immediately.

23.3 Unsolicited Bids or Bids received to address other than one specifically stipulated in the tender document will not be considered for evaluation/opening/award if not received to the specified destination within stipulated date & time.

24 MODIFICATION AND WITHDRAWAL OF BIDS

24.1 Modification and withdrawal of bids shall be as follows:-

24.1.1 IN CASE OF E- TENDERING

The bidder may withdraw or modify its bid after bid submission but before the due date and time for submission as per tender document.

24.1.2 IN CASE OF MANUAL BIDDING

The bidder may withdraw or modify its bid after bid submission but before the due date for submission as per tender document provided that the written notice of the modification/ substitution/ withdrawal in received by GAIL prior to the deadline for submission of bid.

24.2 The modification shall also be prepared, sealed, marked and dispatched in accordance with the provisions of the clause 11 & 22 of ITB with relevant ‘Cut-Out Slip’ duly pasted and mentioning on top of the envelope as “MODIFICATION”. In case of withdrawal of bid, the Envelope containing withdrawal letter duly superscribing the envelope as “WITHDRAWAL” and “Tender Document number :….”/ communication regarding withdrawal of bid with “Tender Document number :….”/ must reach concerned dealing official of GAIL within Due date & Time of submission of Bid. No bid shall be modified/ withdrawn after the Due Date & Time for Bid submission.

24.3 Any withdrawal/ modification/substitution of Bid in the interval between the Due Date & Time for Bid submission and the expiration of the period of bid validity specified by the Bidder in their Bid shall result in the Bidder’s forfeiture of EMD pursuant to clause 16 of ITB and rejection of Bid.

24.4 The latest Bid submitted by the Bidder shall be considered for evaluation and all other Bid(s) shall be considered to be unconditionally withdrawn.

24.5 In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any mistake committed by him in bidding or withdrawal of bid or modification of bid or varying any term in regard thereof leading to re-tendering, GAIL shall forfeit EMD paid by the bidder and such bidders shall be debarred from participation in re- tendering of the same job(s)/item(s). Further, such bidder will be put on holiday for a period of six months after following the due procedure.

25 EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

GAIL reserves the right to accept or reject any Bid, and to annul the Bidding process and reject all Bids, at any time prior to award of Contract, without thereby incurring any liability to the affected Bidder or Bidders or any obligations to inform the affected Bidder or Bidders of the ground for GAIL's action. However, Bidder if so desire may seek the reason (in writing) for rejection of their Bid to which GAIL shall respond quickly.

[E] – BID OPENING AND EVALUATION

26 BID OPENING

26.1 Unpriced Bid Opening:

GAIL will open bids, in the presence of bidders’ designated representatives who choose to attend, at date, time and location stipulated in the BDS. The bidders’ representatives, who are present, shall sign a bid opening register evidencing their attendance.

26.2 Priced Bid Opening:

26.2.1 GAIL will open the price bids of those bidders who meet the qualification requirement and whose bids is determined to be technically and commercially responsive. Bidders selected for opening of their price bids shall be informed about the date of price bid opening. Bidders may depute their authorized representative to attend the bid opening. The bidders’ representatives, who are present shall sign a register evidencing their attendance and may be required to be present on a short notice.

26.2.2 The price bids of those Bidders who were not found to be techno-commercially responsive shall not be opened in both manual tendering and e-tendering. In case of Manual Tender, the envelope containing Price Bid shall be returned unopened after opening of the price bids of techno-commercially responsive Bidders.

26.3 In case of bids invited under the single bid system, bid shall be opened on the specified due date & time.

27 CONFIDENTIALITY

Information relating to the examination, clarification, evaluation and comparison of Bids, and recommendations for the award of a Contract, shall not be disclosed to Bidder(s) or any other persons not officially concerned with such process.

28 CONTACTING THE EMPLOYER

28.1 From the time of Bid opening to the time of award of Contract, if any Bidder wishes to contact the Employer on any matter related to the Bid, it should do so in writing. Information relating to the examination, clarification, evaluation & recommendation for award shall not be disclosed.

28.2 Any effort by the Bidder to influence the Employer in the Employer's 'Bid Evaluation', 'Bid Comparison', or 'Contract Award' decisions may result in the rejection of the Bidder's Bid and action shall be initiated as per procedure in this regard.

29 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS

29.1 The owner’s determination of a bid’s responsiveness is based on the content of the bid only. Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid:-

(a) Meets the "Bid Evaluation Criteria" of the Bidding Documents;

(b) Has been properly signed;

(d) Is substantially responsive to the requirements of the Bidding Documents; and

(e) Provides any clarification and/or substantiation that the Employer may require to determine responsiveness pursuant to "ITB: Clause-29.2"

29.2 A substantially responsive Bid is one which conforms to all the terms, conditions and specifications of the Bidding Documents without material deviations or reservations or omissions for this purpose employer defines the foregoing terms below:-

a) “Deviation” is departure from the requirement specified in the tender documents.

b) “Reservation” is the setting of limiting conditions or withholding from complete acceptance of the requirement in the tender documents.

c) “Omission” is the failure to submit part or all of the information or documentation required in the tender document.

29.3 A material deviation, reservation or omission is one that,

a) If accepted would,

i) Affect in any substantial way the scope, quality, or performance of the job as specified in tender documents.

ii) Limit, in any substantial way, inconsistent with the Tender Document, the Employer’s rights or the tenderer’s obligations under the proposed Contract.

b) If rectified, would unfairly affect the competitive position of other bidders presenting substantially responsive bids.

29.4 The employer shall examine all aspects of the bid to confirm that all requirements have been met without any material deviation, reservation or omission.

29.5 If a Bid is not substantially responsive, it may be rejected by the Employer and may not subsequently be made responsive by correction or withdrawal of the of material deviation, reservation or omission.

30 CORRECTION OF ERRORS

30.1 Bids determined to be substantially responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:

(i) When there is a difference between the rates in figures and words, the rate which corresponds to the amount worked out by the Bidder (by multiplying the quantity and rate) shall be taken as correct.

(ii) When the rate quoted by the Bidder in figures and words tallies but the amount is incorrect, the rate quoted by the contractor shall be taken as correct and not the amount and the amount shall be re-calculated/ corrected accordingly.

(iii) When it is not possible to ascertain the correct rate, in the manner prescribed above, the rate as quoted in words shall be adopted and the amount worked out, for comparison purposes

30.2 The amount stated in the bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors. If the bidder does not accept the corrected amount of bid, its bid will be rejected, and the bid security shall be forfeited.

31 CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS

Not Applicable. All bids submitted must be in the currency specified at clause 14 of ITB.

32 EVALUATION AND COMPARISON OF BIDS

Bid shall be evaluated as per evaluation criteria mentioned in Section-II of bidding documents.

In case of a tie at the lowest bid (L1) position between two or more startup/non-startup bidders, the order/LoA will be placed on the bidder who has higher/ highest turnover in last audited financial year.

In case there is a tie at the lowest bid (L1) position between only startup bidders and none of them has past turnover, the order/LoA will be placed on the startup who is registered earlier with Department of Industrial Promotion and Policy.

33 COMPENSATION FOR EXTENDED STAY [FOR APPLICABILITY OF THIS CLAUSE REFER BDS]:-

33.1 In the event of the time of completions of work getting delayed beyond the time schedule indicated in the bidding document plus a grace period equivalent to 1/5th of the time schedule or 2 months whichever is more, due to reasons solely attributable to Employer, the Contractor shall be paid compensation for extended stay (ESC) to maintain necessary organizational set up and construction tools, tackles, equipment etc. at site of work.

33.2 The bidder is required to specify the rate for ESC on per month basis in the “PRICE PART” of his bid, which shall be considered for loading on total quoted price during price bid evaluation. The loading shall be done of a period of 1/5th of the time schedule or 1 month whichever is less. In case bidder does not indicate the rate for ESC in price part of his bid, it will be presumed that no ESC is required by the bidder and evaluation shall be carried out accordingly.

34 PURCHASE PREFERENCE

Purchase preference to Central government public sector Undertaking and Micro and Small Enterprises (MSEs) shall be allowed as per Government instructions in vogue.

[F] – AWARD OF CONTRACT

35 AWARD

Subject to "ITB: Clause-29", GAIL will award the Contract to the successful Bidder whose Bid has been determined to be substantially responsive and has been determined as the lowest provided that bidder, is determined to be qualified to satisfactorily perform the Contract.

“GAIL intent to place the order/contract directly on the address from where Goods are produced/dispatched is Services are rendered. In case, bidder wants order/ contract at some other address or supply of Goods/ Services from multiple locations, bidder is required to provide in their bid address on which order is to be placed”.

36 NOTIFICATION OF AWARD / FAX OF ACCEPTANCE

36.1 Prior to the expiry of ‘Period of Bid Validity’, Notification of Award for acceptance of the Bid will be intimated to the successful Bidder by GAIL either by Fax / E - mail

/Letter or like means defined as the “Fax of Acceptance (FOA)”. The Contract shall enter into force on the date of FOA and the same shall be binding on GAIL and successful Bidder (i.e. Contractor/Service Provider). The Notification of Award/FOA will constitute the formation of a Contract. The detailed Letter of Acceptance shall be issued thereafter incorporating terms & conditions of Tender Document, Corrigendum, Clarification(s), Bid and agreed variation(s)/acceptable deviation(s), if any. GAIL may choose to issue Notification of Award in form of detailed Letter of Acceptance without issuing FOA and in such case the Contract shall enter into force on the date of detailed Letter of Acceptance only.

36.2 Contract period shall commence from the date of "Notification of Award" or as mentioned in the Notification of Award. The "Notification of Award" will constitute the formation of a Contract, until the Contract has been effected pursuant to signing of Contract as per "ITB: Clause-37".

Upon the successful Bidder's / Contractor's furnishing of 'Contract Performance Security

/ Security Deposit', pursuant to "ITB: Clause-38", GAIL will promptly discharge his 'Xxxxxxx Money / Bid Security', pursuant to "ITB: Clause-16"

37 SIGNING OF AGREEMENT

37.1 GAIL will award the Contract to the successful Bidder, who, within 'fifteen [15] days' of receipt of the same, shall sign and return the acknowledged copy to GAIL.

37.2 The successful Bidder/Contractor shall be required to execute an 'Agreement' in the proforma given in this Bidding Document on a 'non-judicial stamp paper' of appropriate value [cost of the 'stamp-paper' shall be borne by the successful Bidder/Contractor] and of ' state' specified in Bidding Data Sheet (BDS) only, within 'fifteen [15] days' of receipt of the "Fax of Acceptance [FOA]" of the Tender by the successful Bidder/Contractor failure on the part of the successful Bidder/Contractor to sign the 'Agreement' within the above stipulated period, shall constitute sufficient grounds for forfeiture of EMD/Security Deposit.

38 CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT

38.1 Within 30 days of the receipt of the notification of award/ Fax of Acceptance from GAIL, the successful bidder shall furnish the Contract Performance Security (CPS) in accordance with of General Conditions of the Contract. The CPS shall be in the form of either Banker’s Cheque or Demand Draft or Bank Guarantee or Letter of Credit and shall be in the currency of the Contract. However, CPS shall not be applicable in cases wherein the individual order/contract value as specified in Notification of Award is less than INR 5 Lakh (exclusive of GST).

38.2 The contract performance security shall be for an amount equal to specified in Bidding Data Sheet (BDS) towards faithful performance of the contractual obligations and performance of equipment. For the purpose of CPS, Contract/order value shall be exclusive of GST (CGST & SGST/UTGST or IGST) to be reimbursed by the Owner.

Bank Guarantee towards CPS shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank in case of Indian bidder as well as foreign bidder. However, in case of bank guarantees from banks other than the Nationalized Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. This bank guarantee shall be valid for a period as three months beyond the DLP specified in Bid Data Sheet.

38.3 Failure of the successful bidder to comply with the requirements of this article shall constitute sufficient grounds for the annulment of the award and forfeiture of the EMD.

38.4 The CPS has to cover the entire contract value including extra works/services also. As long as the CPS submitted at the time of award take cares the extra works/ services executed and total executed value are within the awarded contract price, there is no need for additional CPS. As soon as the total executed value is likely to burst the ceiling of awarded contract price, the contractor should furnish additional CPS.

38.5 Further, the bidder can submit CPBG on line through issuing bank to GAIL directly as per Ministry of Finance (MOF) Department of financial service direction vide letter ref number F.No.7/112/2011-BOA dated 17th July 2012. In such cases confirmation will not be sought from issuing banker by GAIL.

39 PROCEDURE FOR ACTION IN CASE CORRUPT/ FRAUDULENT/COLLUSIVE/ COERCIVE PRACTICES

39.1 Procedure for action in case Corrupt/ Fraudulent/Collusive/Coercive Practices is enclosed at Annexure-I.

39.2 The Fraud Prevention Policy document is available on GAIL’s website (xxx.xxxxxxxxxx.xxx)

39.3 NON-APPLICABILITY OF ARBITRATION CLAUSE IN CASE OF BANNING OF VENDORS/ SUPPLIERS / CONTRACTORS/BIDDERS/ CONSULTANTS INDULGED IN FRAUDULENT/ COERCIVE PRACTICES

Notwithstanding anything contained contrary in GCC and other "CONTRACT DOCUMENTS", in case it is found that the Vendors/ Suppliers / Contractors/Bidders/ Consultants indulged in fraudulent/ coercive practices at the time of bidding, during execution of the contract etc., and/or on other grounds as mentioned in GAIL’s “Procedure for action in case Corrupt/Fraudulent/Collusive/Coercive Practices” (Annexure-I), the contractor/bidder shall be banned (in terms of aforesaid procedure) from the date of issuance of such order by XXXX (India) Ltd., to such Vendors/ Suppliers / Contractors/Bidders/ Consultants.

The Vendor/ Supplier / Contractor/ Bidder/Consultant understands and agrees that in such cases where Vendor/ Supplier / Contractor/ Bidder/Consultant has been banned (in

terms of aforesaid procedure) from the date of issuance of such order by XXXX (India) Limited, such decision of XXXX (India) Limited shall be final and binding on such Vendor/ Supplier / Contractor/ Bidder/Consultant and the ‘Arbitration clause’ in the GCC and other "CONTRACT DOCUMENTS" shall not be applicable for any consequential issue /dispute arising in the matter.

40 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES

40.1 Following provision has been incorporated in tender for MSEs, in line with notification of Government of India, vide Gazette of India No. 503 dated 26.03.2012 proclaiming the Public Procurement Policy on procurement of goods, works and services from Micro and Small Enterprises (MSEs)

i) Issue of tender document to MSEs free of cost.

ii) Exemption to MSEs from payment of EMD/Bid Security.

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

The quoted prices against various items shall remain valid in case of splitting of quantities of the items above.

In case tendered item is non-splitable or non- dividable (specified in Bid Data Sheet) , MSE quoting lowest price within price band L1 ( other than MSE) + 15% , may be awarded for full/ complete supply of total tendered value subject to matching of L1 price.

40.2 The MSEs owned by SC/ST entrepreneurs shall mean:-

a) In case of proprietary MSE, Proprietor(s) shall be SC/ST.

b) In case of partnership MSE, the SC/ST partners shall be holding atleast 51% share in the unit

c) In case of private Limited Companies, at least 51%share is held by SC/ST. If the MSE is owned by SC/ST entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.

40.3 In case bidder is a Micro or Small Enterprise under the Micro, Small and Medium Enterprises Development Act, 2006, the bidder shall submit the following :

a) Documentary evidence that the bidder is a Micro or Small Enterprises registered with District Industries Centers or Khadi and Village Industries National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises or Udyog Aadhaar Memorandum.

b) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.

The above documents submitted by the bidder shall be duly certified by the Chartered Accountant (not being an employee or a Director or not having any i nterest in the bidder’s company/firm) and notary public with legible stamp.

If the bidder does not provide the above confirmation or appropriate document or any evidence, then it will be presumed that they do not qualify for any preference admissible in the Public Procurement Policy (PPP) 2012.

Further, MSEs who are availing the benfits of the Public Procurement Policy (PPP) 2012 get themselves registered with MSME Data Bank being operated by NSIC, under SME Division, M/o MSME, in order to create proper data base of MSEs which are making supplies to CPSUs.

40.4 If against an order placed by GAIL, successful bidder(s) (other than Micro/Small Enterprise) is procuring material/services from their sub-vendor who is a Micro or Small Enterprise registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises with prior consent in writing of the purchasing authority/Engineer-in-charge, the details like Name, Registration No., Address, Contact No. details of material & value of procurement made, etc. of such Enterprises shall be furnished by the successful bidder at the time of submission of invoice/Bill.

40.5 The benefit of policy are not extended to the traders/dealers/ Distributors

/Stockiest/Wholesalers.

40.6 NSIC has initiated a scheme of “Consortia and Tender Marketing Scheme” under which they are assisting the Micro & Small enterprises to market their products and services through tender participation on behalf of the individual unit or through consortia.

Accordingly, if the MSEs or the consortia, on whose behalf the bid is submitted by NSIC, is meeting the BEC and other terms and conditions of tender their bid will be considered for further evaluation.

Further, in such cases a declaration is to be submitted by MSE/ consortia on their letter head (s) that all the terms and conditions of tender document shall be acceptable to them.

41 AHR ITEMS

In item rate contract where the quoted rates for the items exceed 50% of the estimate rates, such items will be considered as Abnormally High Rates (AHR) items and payment of AHR items beyond the SOR stipulated quantities shall be made at the lowest amongst the following rates:

I) Rates as per SOR, quoted by the Contractor/Bidder.

II) Rate of the item, which shall be derived as follows:

a. Based on rates of Machine and labour as available from the contract (which includes contractor’s supervision, profit, overheads and other expenses).

b. In case rates are not available in the contract, rates will be calculated based on prevailing market rates of machine, material and labour plus 15% to cover contractor’s supervision profit, overhead & other expenses.

42 VENDOR PERFORMANCE EVALUATION

Shall be as stipulated Xxxxxxxx XX to ITB herewith.

43 INCOME TAX & CORPORATE TAX

43.1 Income tax deduction shall be made from all payments made to the contractor as per the rules and regulations in force and in accordance with the Income Tax Act prevailing from time to time.

43.2 Corporate Tax liability, if any, shall be to the contractor’s account.

43.3 TDS, wherever applicable, shall be deducted as per applicable act/law/rule.

43.4 MENTIONING OF PAN NO. IN INVOICE/BILL

As per CBDT Notification No. 95/2015 dated 30.12.2015, mentioning of PAN no. is mandatory for procurement of goods / services/works/consultancy services exceeding Rs. 2 Lacs per transaction.

Accordingly, supplier/ contractor/ service provider/ consultant should mention their PAN no. in their invoice/ bill for any transaction exceeding Rs. 2 lakhs. As provided in the notification, in case supplier/ contractor/ service provider/ consultant do not have PAN no., they have to submit declaration in Form 60 along with invoice/ bill for each transaction.

Payment of supplier/ contractor / service provider/ consultant shall be processed only after fulfilment of above requirement

44. SETTLEMENT OF DISPUTES BETWEEN GOVERNMENT DEPARTMENT AND ANOTHER AND ONE GOVERNMENT DEPARTMENT AND PUBLIC ENTERPRISE AND ONE PUBLIC ENTERPRISE AND ANOTHER

In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either

party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitrator under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

45 DISPUTE RESOLUTION (ADDENDUM TO PROVISION REGARDING APPLICABLE LAWS AND SETTLEMENT OF DISPUTES OF GCC)

45.1 XXXX (India) Limited has framed the Conciliation Rules 2010 in conformity with supplementary to Part – III of the Indian Arbitration and Conciliation Act 1996 for speedier, cost effective and amicable settlement of disputes through conciliation. A copy of the said rules made available on XXXX’s web site xxx.xxxxxxxxxx.xxx for reference. Unless otherwise specified, the matters where decision of the Engineer-in-Charge is deemed to be final and binding as provided in the Agreement and the issues/disputes which cannot be mutually resolved within a reasonable time, all disputes shall be settled in accordance with the Conciliation Rules 2010.

45.2 Any dispute(s)/difference(s)/issue(s) of any kind whatsoever between/amongst the Parties arising under/out of/in connection with this contract shall be settled in accordance with the aforesaid rules.

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

45.4 Conciliation proceedings commence when the other Party(ies) accept(s) the invitation to conciliate and confirmed in writing. If the other Party (ies) reject(s) the invitation, there will be no conciliation proceedings.

45.5 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.

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

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

45.8 The Parties shall freeze claim(s) of interest, if any, and shall not claim the same during the pendency of Conciliation proceedings. The Settlement Agreement, as and when reached/agreed upon, shall be signed between the Parties and Conciliation proceedings shall stand terminated on the date of the Settlement Agreement.

46.0 INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS PROVIDERS)

INAM-Pro (Platform for infrastructure and materials providers) is a web based platform for infrastructure provides and materials suppliers and was developed by Ministry of Road Transport and Highways (MoRT&H) with a view to reduce project execution delays on account of supply shortages and inspire greater confidence in contractors to procure cement to start with directly from the manufacturers. Presently, numerous cement companies are registered in the portal and offering cement for sale on the portal with a commitment period of 3 years. These companies have bound themselves by ceiling rates for the entire commitment period, wherein they are allowed to reduce or increase their cement rates any number of times within the ceiling rate, but are not permitted to exceed the said ceiling rate.

MoRT&H is expanding the reach of this web-portal by increasing both the product width as well as the product depth. They are working on incorporating 60 plus product categories. The product range will span from large machineries like Earth Movers and Concrete Mixers, to even the smallest items like road studs. MoRT&H intend to turn it into a portal which services every infrastructure development related need of a modern contractor.

GAIL’s contractors may use this innovative platform, wherever applicable. The usage of web – Portal is a completely voluntary exercise. The platform, however, can serve as a benchmark for comparison of offered prices and products.

47 PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS

To promote cashless transactions, the onward payments by Contractors to their employees, service providers, sub-contractors and suppliers may be made through Cards and Digital means to the extent possible

48 CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING TO SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY

While engaging the contractual manpower, Contractors are required to make efforts to provide opportunity of employment to the people belonging to Scheduled Castes and weaker sections of the society also in order to have a fair representation of these sections.

49. QUARTERLY CLOSURE OF THE CONTRACT [FOR APPLICABILITY OF THIS CLAUSE REFER BDS]:-

During execution of contracts/orders, various issues may arise. In order to timely detect and to address the contractual issue (s) during the execution of contracts, GAIL has introduced a mechanism of quarterly closure of the contract, under which all the issues related to the contract execution will be monitored on quarterly basis for resolution.

Vendors/Contractors are required to co-operate with EIC for proper implementation of this mechanism for smooth execution of the contract.”

50. PROVISIONS FOR STARTPUS (AS DEFINED IN GAZETTE NOTIFICATION NO. D.L-33004/99 DATED 18.02.2016 AND 23.05.2017 OF MINISTRY OF COMMERCE AND INDUSTRY AND AS AMENDED FROM TIME TO TIME) [FOR APPLICABLITY REFER BDS]

As mentioned in Section-II, Prior turnover and prior experience shall not be required for all Startups [whether Micro & Small Enterprises (MSEs) or otherwise] subject to their meeting the quality and technical specifications specified in tender document.

Further, the Startups are also exempted from submission of EMDs.

For availing the relaxation, bidder is required to submit requisite certificate towards Startup enterprise registration issued by Department of Industrial Policy and Promotion, Ministry of Commerce and the certificate should be certified by the Chartered Accountant (not being an employee or a Director or not having any interest in the

bidder’s company/firm) and notary public with legible stamp.

If a Startup [whether Micro & Small Enterprises (MSEs) or otherwise] gets qualified without turnover and experience criteria specified in tender and emerges lowest bidder, the order on such Startup shall be placed for entire tendered quantity/group/item/part wise as stated in tender.

If a Startup emerge lowest bidder, the LOA on such Startup shall be placed for entire tendered quantity/group/item/part (as the case may be). However, during the Kick of Meeting monthly milestones/ check points would be drawn. Further, the performance of such contractor/ service provider will be reviewed more carefully and action to be taken as per provision of contract in case of failure/ poor performance.

Annexure-I

PROCEDURE FOR ACTION IN CASE CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES

A Definitions:

A.1 “Corrupt Practice” means the offering, giving, receiving or soliciting, directly or indirectly, anything of value to improperly influence the actions in selection process or in contract execution.

“Corrupt Practice” also includes any omission for misrepresentation that may mislead or attempt to mislead so that financial or other benefit may be obtained or an obligation avoided.

A2 “Fraudulent Practice” means and include any act or omission committed by a agency or with his connivance or by his agent by misrepresenting/ submitting false documents and/ or false information or concealment of facts or to deceive in order to influence a selection process or during execution of contract/ order.

A3 “Collusive Practice amongst bidders (prior to or after bid submission)” means a scheme or arrangement designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition.

A.4 “Coercive practice” means impairing or harming or threatening to impair or harm directly or indirectly, any agency or its property to influence the improperly actions of an agency, obstruction of any investigation or auditing of a procurement process.

A.5 “Vendor/Supplier/Contractor/Consultant/Bidder” is herein after referred as “Agency”

A.6 ”Appellate Authority” shall mean Committee of Directors consisting of Director (Finance) and Director (BD) for works centers under Director (Projects). For all other cases committee of Directors shall consist of Director (Finance) & Director (Projects).

A.7 “Competent Authority” shall mean the authority, who is competent to take final decision for Suspension of business dealing with an Agency/ (ies) and Banning of business dealings with Agency/ (ies) and shall be the “Director” concerned.

A.8 “Allied Agency” shall mean all the concerns within the sphere of effective influence of banned/ suspended agencies. In determining this, the following factors may be taken into consideration:

(a) Whether the management is common;

(b) Majority interest in the management is held by the partners or directors of banned/ suspended firm.

(c ) substantial or majority shares are owned by banned/ suspended agency and by virtue of this it has a controlling voice.

A.9 “Investigating Agency” shall mean any department or unit of GAIL investigating into the conduct of Agency/ party and shall include the Vigilance Department of the GAIL, Central Bureau of Investigation, State Police or any other agency set up by the Central or state government having power to investigate.

B Actions against bidder(s) indulging in corrupt /fraudulent/ collusive/ coercive practice

B.1 Irregularities noticed during the evaluation of the bids :

If it is observed during bidding process/ bids evaluation stage that a bidder has indulged in corrupt/fraudulent /collusive/coercive practice, the bid of such Bidder (s) shall be rejected and its Xxxxxxx Money Deposit (EMD) shall be forfeited.

Further, such agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.

B.2 Irregularities noticed after award of contract

(i) During execution of contract:

If an agency, is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, during execution of contract, the agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.

The concerned order (s)/ contract(s) where corrupt/fraudulent/collusive practices is observed, shall be suspended with immediate effect by Engineer-in-Charge (EIC)/ Employer whereby the supply/ work/ service and payment etc. will be suspended. The action shall be initiated for putting the agency on banning.

After conclusion of process, the order (s)/ contract (s) where it is concluded that such irregularities have been committed shall be terminated and Contract cum Performance Bank Guarantee (CPBG)/ Contract Performance Security (CPS) submitted by agency against such order (s)/ contract (s) shall also be forfeited. The amount that may have become due to the contractor on account of work already executed by him shall be payable to the contractor and this amount shall be subject to adjustment against any amounts due from the contractor under the terms of the contract.

No risk and cost provision will be enforced in such cases.

(ii) After execution of contract and during Defect liability period (DLP)/ Warranty/Guarantee Period:

If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after execution of contract and during DLP/ Warranty/Guarantee Period, the agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.

Further, the Contract cum Performance Bank Guarantee (CPBG)/Contract Performance Security (CPS) submitted by agency against such order (s)/ contract

(s) shall be forfeited.

(iii) After expiry of Defect liability period (DLP)/ Warranty/Guarantee Period

If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after expiry of Defect liability period (DLP)/ Warranty/Guarantee Period, the agency shall be banned for future business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.

B.2.2 Period of Banning

The period of banning of agencies indulged in Corrupt/ Fraudulent/ Collusive/Coercive Practices shall be as under and to be reckoned from the date of banning order:

S. No.	Description	Period of banning from the date of issuance of Banning order
1	Misrepresentation/False information other than pertaining to BEC of tender but having impact on the selection process. For example, if an agency confirms not being in holiday/ banning list of PSUs/ Govt. Dept., liquidation, bankruptcy & etc. and subsequently it is found otherwise, such acts shall be considered in this category.	02 years
2 2.1	Corrupt/Fraudulent (pertaining to BEC of tender) /Collusive/Coercive Practices If an agency again commits Corrupt/Fraudulent (pertaining to BEC of tender) /Collusive/ Coercive Practices in subsequent cases after their banning, such situation of repeated offense to be dealt with more severity and following shall be the period of banning: (v) Repeated once (vi) Repeated twice or more	03 years 7 years (in addition to the period already served) 15 years (in addition to the period already served)
3	Indulged in unauthorized disposal of materials provided by GAIL	7 years
4	If act of vendor/ contractor is a threat to the National Security	15 years

C Effect of banning on other ongoing contracts/ tenders

C.1 If an agency is put on Banning, such agency should not be considered in ongoing tenders/future tenders.

C.2 However, if such an agency is already executing other order (s)/ contract (s) where no corrupt/fraudulent/ collusive/coercive practice is found, the agency should be allowed to continue till its completion without any further increase in scope except those incidental to original scope mentioned in the contract.

C.3 If an agency is put on the Banning List during tendering and no irregularity is found in the case under process:

C.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the agency shall be ignored.

C.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency shall not be opened and BG/EMD submitted by the agency shall be returned to the agency.

C.3.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the agency shall be ignored & will not be further evaluated. If the agency is put on banning list for fraud/ mis-appropriation of facts committed in the same tender/other tender where errant agency emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.

D. Procedure for Suspension of Bidder

D.1 Initiation of Suspension

Action for suspension business dealing with any agency/(ies) shall be initiated by Corporate C&P Department when

(i) Corporate Vigilance Department based on the fact of the case gathered during investigation by them recommend for specific immediate action against the agency.

(ii) Corporate Vigilance Department based on the input from investigating agency, forward for specific immediate action against the agency.

(iii) Non performance of Vendor/Supplier/Contractor/Consultant leading to termination of Contract/ Order.

D.2 Suspension Procedure:

D.2.1 The order of suspension would operate initially for a period not more than six months and is to be communicated to the agency and also to Corporate Vigilance Department. Period of suspension can be extended with the approval of the Competent Authority by one month at a time with a ceiling of six months pending a conclusive decision to put the agency on banning list.

D.2.2 During the period of suspension, no new business dealing may be held with the agency.

D.2.3 Period of suspension shall be accounted for in the final order passed for banning of business with the agency.

D.2.4 The decision regarding suspension of business dealings should also be communicated to the agency.

D.2.5 If a prima-facie, case is made out that the agency is guilty on the grounds which can result in banning of business dealings, proposal for issuance of suspension order and show cause notice shall be put up to the Competent Authority. The suspension order and show cause notice must include that (i) the agency is put on suspension list and

(ii) why action should not be taken for banning the agency for future business from GAIL.

The competent authority to approve the suspension will be same as that for according approval for banning.

D 3 Effect of Suspension of business:

Effect of suspension on other on-going/future tenders will be as under:

D.3.1 No enquiry/bid/tender shall be entertained from an agency as long as the name of agency appears in the Suspension List.

D.3.2 If an agency is put on the Suspension List during tendering:

D.3.2.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the agency shall be ignored.

D.3.2.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency shall not be opened and BG/EMD submitted by the agency shall be returned to the agency.

D.3.2.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the agency shall be ignored & will not be further evaluated. If the agency is put on Suspension list for fraud/ mis-appropriation of facts conducted in the same tender/other tender where errant agency emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.

D.3.3 The existing contract (s)/ order (s) under execution shall continue.

D.3.4 Tenders invited for procurement of goods, works and services shall have provision that the bidder shall submit a undertaking to the effect that (i) neither the bidder themselves nor their allied agency/(ies) are on banning list of GAIL or the Ministry of Petroleum and Natural Gas and (ii) bidder is not banned by any Government department/ Public Sector.

F. Appeal against the Decision of the Competent Authority:

F.1 The agency may file an appeal against the order of the Competent Authority for putting the agency on banning list. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month from the of receipt of banning order.

F.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the party as well as the Competent Authority.

F.3 Appeal process may be completed within 45 days of filing of appeal with the Appellate Authority.

G. Wherever there is contradiction with respect to terms of ‘Integrity pact’ , GCC and ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’, the provisions of ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’ shall prevail.

Annexure-II

PROCEDURE FOR EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/ CONTRACTORS/ CONSULTANTS

1.0 OBJECTIVE

The objective of Evaluation of Performance aims to recognize, and develop reliable Vendors/ Suppliers/Contractors/ Consultants so that they consistently meet or exceed expectations and requirements.

The purpose of this procedure is to put in place a system to monitor performance of Vendors/ Suppliers/Contractors/ Consultants associated with GAIL in Projects and in O&M so as to ensure timely completion of various projects, timely receipt of supplies including completion of works & services for operation and maintenance of operating plants and quality standards in all respects.

2.0 METHODOLOGY

i) Preparation of Performance Rating Data Sheet

Performance rating data Sheet for each and every Vendor/ Supplier/Contractor/ Consultant for all orders/Contracts with a value of Rs. 7 Lakhs and above is recommended to be drawn up. These data sheets are to be separately prepared for orders/ contracts related to Projects and O&M. Format, Parameters, Process, responsibility for preparation of Performance Rating Data Sheet are separately mentioned.

ii) Measurement of Performance

Based on the parameters defined in Data Sheet, Performance of concerned Vendor/ Supplier/Contractor/ Consultant would be computed and graded accordingly. The measurement of the performance of the Party would be its ability to achieve the minimum scoring of 60% points in the given parameters.

iii) Initiation of Measures:

Depending upon the Grading of Performance, corrective measures would be initiated by taking up the matter with concerned Vendor/ Supplier/Contractor/ Consultant. Response of Vendor/ Supplier/Contractor/ Consultant would be considered before deciding further course of action.

iv) Implementation of Corrective Measures:

Based on the response of Vendor/ Supplier/Contractor/ Consultant, concerned Engineer-in-Charge for the Projects and/or OIC in case of O&M would recommend for continuation or discontinuation of such party from the business of GAIL.

v) Orders/contracts placed on Proprietary/OEM basis for O&M will be evaluated and, if required, corrective action will be taken for improvement in future.

3.0 PROCESS OF EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/ CONTRACTORS/ CONSULTANTS

3.1 FOR PROJECTS

i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of PROJECTS shall be done immediately with commissioning of any Project.

ii) On commissioning of any Project, EIC (Engineer-in-charge)/ Project-in-charge shall prepare a Performance Rating Data Sheet (Format at Annexure-1) for all Orders and Contracts.

iii) Depending upon the Performance Rating, following action need to be initiated by Engineer-in-charge/Project-in-charge:

Sl. No.	Performance Rating	Action
1	POOR	Seek explanation for Poor performance
2	FAIR	Seek explanation for Fair performance
3	GOOD	Letter to the concerned for improving performance in future
4	VERY GOOD	No further action

iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In case of satisfactory reply, Performance Rating data Sheet to be closed with a letter to the concerned for improving performance in future.

v) When no reply is received or reasons indicated are unsatisfactory, the following actions need to be taken:

A) Where Performance rating is “POOR”:

Recommend such defaulting Vendor/ Supplier/Contractor/ Consultant for putting on Holiday for a period from one to three years as given below:

(i) Poor Performance due to reasons other than Quality : One Year

(ii) Poor Performance on account of Quality (if any mark obtained against Quality parameter is less than 30): Two Years

(iii) Poor Performance leading to termination of contract or Offloading of contract due to poor performance solely attributable to Vendor/ Supplier/Contractor/ Consultant or Repeated Offence: Three Years

Non performance of a Vendor/Supplier/Contractor/Consultant leading to termination of Contract/ Order, such Vendor/ Supplier/ Contractor/Consultant are also to be considered for Suspension.

In all such cases, concerned site will put up recommendation for issuance of SCN and putting the party on suspension list as per process defined for

suspension in “Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices”

(B) Where Performance rating is “FAIR”:

Recommend for issuance of warning to such defaulting Vendor/ Supplier/Contractor/ Consultant to improve their performance.

3.2 FOR CONSULTANCY JOBS

Monitoring and Evaluation of consultancy jobs will be carried out in the same way as described in para 3.1 for Projects.

3.3 FOR OPERATION & MAINTENANCE

i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of Operation and Maintenance shall be done immediately after execution of order/ contract.

ii) After execution of orders a Performance Rating Data Sheet (Format at Annexure-2) shall be prepared for Orders by Site C&P and for Contracts/Services by respective Engineer-In-Charge.

iii) Depending upon Performance Rating, following action need to be initiated by Site C&P:

Sl. No.	Performance Rating	Action
1	POOR	Seek explanation for Poor performance
2.	FAIR	Seek explanation for Fair performance
3	GOOD	Letter to the concerned for improving performance in future.
4	VERY GOOD	No further action

v) When no reply is received or reasons indicated are unsatisfactory, the following actions need to be taken:

A) Where performance rating is “POOR”

Recommend such defaulting Vendor/Supplier/Contractor/ Consultant for putting on Holiday for a period from one to three years as given below:

(i) Poor Performance due to reasons other than Quality : One Year

(ii) Poor Performance on account of Quality (if any mark obtained against Quality parameter is less than 30): Two Years

(iv) Poor Performance leading to termination of contract or Offloading of contract due to poor performance solely

attributable to Vendor/Supplier/Contractor/Consultant or Repeated Offence: Three Years

Non-performance of a Vendor/Supplier/Contractor/Consultant leading to termination of Contract/ Order such Vendor/ Supplier/ Contractor/Consultant are also to be considered for Suspension.

In all such cases, concerned site will put up recommendation for issuance of SCN and putting the party on suspension list as per process defined for suspension in “Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices”

(B) Where Performance rating is “FAIR”

Recommend for issuance of warning to such defaulting Vendors/Contractors/Consultants to improve their performance.

4.0 EXCLUSIONS:

The following would be excluded from the scope of evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants:

i) Orders/Contracts below the value of Rs. 7 Lakhs.

ii) One time Vendor/ Supplier/Contractor/ Consultant.

iii) Orders for Misc./Administrative items/ Non stock Non valuated items.

However, concerned Engineer-in-Charge /OICs will continue to monitor such cases so as to minimize the impact on Projects/O&M plants due to non performance of Vendors/ Suppliers/Contractors/ Consultants in all such cases.

5.0 REVIEW & RESTORATION OF PARITES PUT ON HOLIDAY

5.1 An order for Holiday passed for a certain specified period shall deemed to have been automatically revoked on the expiry of that specified period and it will not be necessary to issue a specific formal order of revocation.

Further, in case Vendor/ Supplier/Contractor/ Consultant is put on holiday due to quality, and new order is placed on bidder after restoration of Vendor/ Supplier/Contractor/ Consultant, such order will be properly monitored during execution stage by the concerned site.

6.0 EFFECT OF HOLIDAY

6.1 If a Vendor/ Supplier/Contractor/ Consultant is put on Holiday, such Vendor/ Supplier/Contractor/ Consultant should not be considered in ongoing tenders/future tenders.

6.2 However, if such Vendor/ Supplier/Contractor/ Consultant is already executing any other order/ contract and their performance is satisfactory in terms of the relevant contract, should be allowed to continue till its completion without any further increase in scope except those incidental to original scope mentioned in the contract. In such a case CPBG will not be forfeited and payment will be made as per provisions of concerned contract. However, this would be without prejudice to other terms and conditions of the contract.

6.3. Effect on other ongoing tendering:

6.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the party shall be ignored.

6.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the party shall not be opened and BG/EMD submitted by the party shall be returned to the party.

6.3.3 after opening of price, BG/EMD made by the party shall be returned; the offer of the party shall be ignored & will not be further evaluated. If errant party emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.

7.0 While putting the Vendor/ Supplier/Contractor/ Consultant on holiday as per the procedure, the holding company, subsidiary, joint venture, sister concerns, group division of the errant Vendor/ Supplier/Contractor/ Consultant shall not be considered for putting on holiday list.

Any bidder, put on holiday, will not be allowed to bid through consortium route also in new tender during the period of holiday.

8.0 If an unsuccessful bidder makes any vexatious, frivolous or malicious complaint against the tender process with the intention of delaying or defeating any procurement or causing loss to GAIL or any other bidder, such bidder will be put on holiday for a period of six months, if such complaint is proved to be vexatious, frivolous or malicious, after following the due procedure.

9. APPEAL AGAINST THE DECISION OF THE COMPETENT AUTHORITY:

(a) The party may file an appeal against the order of the Competent Authority for putting the party on Holiday list. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month from the of receipt of Holiday order.

(b) Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the party as well as the Competent Authority.

(d) “Appellate Authority” shall mean Committee of Directors consisting of Director (Finance) and Director (BD) for works centers under Director (Projects). For all

other cases committee of Directors shall consist of Director (Finance) & Director (Projects).

10. ERRANT BIDDER

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

Further, such bidder will be put on holiday for a period of six months after following the due procedure.

11. In case CBEC (Central Board of Excise and Customs)/ any equivalent Central Government agency/ State Government agency brings to the notice of GAIL that the Supplier of Goods / Services (Service Provider) has not remitted the amount towards GST (CGST & SGST/UTGST or IGST) collected from GAIL to the government exchequer, , then party will be put on holiday for a period of six months after following the due procedure.

Annexure-1

XXXX (India) 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/Supplier/ :

Contractor/ Consultant

vi) Contracted delivery/ :

Completion Schedule

vii) Actual delivery/ : Completion date

Performance

Parameter

Delivery/ Completion

Performance

Quality

Performance

Reliability

Performance#

Total

Maximum Marks

100

Marks Allocated

Note:

Remarks (if any)

PERFORMANCE RATING (**)

Note :

(#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation beyond contract payment term or seeking direct payment to the sub-vendor/sub-contractor due to financial constraints, then ‘0’ marks should be allotted against Reliability Performance.

(*) Allocation of marks should be as per enclosed instructions (**) Performance rating shall be classified as under :

Sl. No.	Range (Marks)	Rating
1	60 & below	POOR
2	61-75	FAIR
3	76-90	GOOD
4	More than 90	VERY GOOD

Signature of Authorised Signatory:

Name:

Designation:

Instructions for allocation of marks

1. Marks are to be allocated as under:

1.1 DELIVERY/ COMPLETION PERFORMANCE	40 Marks
Delivery Period/ Delay in Weeks Completion Schedule	Marks
a) Upto 3 months Before CDD	40
Delay up to 4 weeks	35
” 8 weeks	30
” 10 weeks	25
” 12 weeks	20
” 16 weeks	15
More than 16 weeks	0
b) Above 3 months Before CDD	40
Delay up to 4 weeks	35
” 8 weeks	30
” 10 weeks	25
” 16 weeks	20
” 20 weeks	15
” 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 prorata basis for acceptable quantity as compared to total quantity for normal cases ii) When quality Failure of severe nature	10 marks 0 marks
failure endanger - Moderate nature	5 marks

system integration - low severe nature 10-25 marks and safety of the

system

iii) Number of 1. No deviation 5 marks

deviations 2. No. of deviations < 2 2 marks

3. No. of deviations > 2 0 marks

1.3 RELIABILITY PERFORMANCE 20 Marks

FOR WORKS/CONTRACTS

Submission of order acceptance, agreement, PBG, Drawings and other documents within time

4 marks

ii)

Mobilization of resources as per Contract and in

time

4 marks


iii)	Liquidation of Check-list points	4 marks
iv)	Compliance to statutory and HS&E requirements or Reliability of Estimates/Design/Drawing etc. in case of Consultancy jobs	4 marks
v)	Timely submission of estimates and other documents for Extra, Substituted & AHR items	4 marks
B.	FOR SUPPLIES
i)	Submission of order acceptance, PBG, Drawings and other documents within time	5 marks
ii)	Attending complaints and requests for after sales service/ warranty repairs and/ or query/ advice (upto the evaluation period).	5 marks
iii)	Response to various correspondence and conformance to standards like ISO	5 marks
iv)	Submission of all required documents including Test Certificates at the time of supply	5 marks

Annexure-2

XXXX (India) Limited

PERFORMANCE RATING DATA SHEET (FOR O&M)

i) Location :

ii) Order/ Contract No. & date :

iii) Brief description of Items :

Works/Assignment

iv) Order/Contract value (Rs.) :

v) Name of Vendor/Supplier/ :

Contractor/ Consultant

vi) Contracted delivery/ :

Completion Schedule

vii) Actual delivery/ : Completion date

Performance

Parameter

Delivery

Performance

Quality

Performance

Reliability

Performance#

Total

Maximum Marks

100

Marks Allocated

(*)

Remarks (if any)

PERFORMANCE RATING (**)

Note :

(#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation beyond contract payment term or seeking direct payment to the sub- vendor/sub-contractor due to financial constraints, then ‘0’ marks should be allotted against Reliability Performance

(*) Allocation of marks should be as per enclosed instructions (**) Performance rating shall be classified as under :

Sl. No.	Range (Marks)	Rating	:
1	60 & below	POOR
2	61-75	FAIR
3	76-90	GOOD
4	More than 90	VERY GOOD

Signature of Authorised Signatory:

Name:

Designation

Instructions for allocation of marks (For O&M)

1. Marks are to be allocated as under :

1.1 DELIVERY/ COMPLETION PERFORMANCE	40 Marks
Delivery Period/ Delay in Weeks Completion Schedule	Marks
a) Upto 3 months Before CDD	40
Delay upto 4 weeks	35
” 8 weeks	30
” 10 weeks	25
” 12 weeks	20
” 16 weeks	15
More than 16 weeks	0
b) Above 3 months Before CDD	40
Delay upto 4 weeks	35
” 8 weeks	30
” 10 weeks	25
” 16 weeks	20
” 20 weeks	15
” 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 prorata basis for acceptable quantity as compared to total quantity for normal cases ii) When quality Failure of severe nature	10 marks 0 marks
failure endanger - Moderate nature	5 marks

system integration - low severe nature 10-25 marks and safety of the

system

iii) Number of 1. No deviation 5 marks

deviations 2. No. of deviations < 2 2 marks

3. No. of deviations > 2 0 marks

1.3 RELIABILITY PERFORMANCE 20 Marks

A.	FOR WORKS/CONTRACTS
i)	Submission of order acceptance, agreement, PBG, Drawings and other documents within time	4 marks

ii)	Mobilization of resources as per Contract and in time	4 marks
iii)	Liquidation of Check-list points	4 marks
iv)	Compliance to statutory and HS&E requirements or Reliability of Estimates/Design/Drawing etc. in case of Consultancy jobs	4 marks
v)	Timely submission of estimates and other documents for Extra, Substituted & AHR items	4 marks
B.	FOR SUPPLIES
i)	Submission of order acceptance, PBG, Drawings and other documents within time	5 marks
ii)	Attending complaints and requests for after sales service/ warranty repairs and/ or query/ advice (upto the evaluation period).	5 marks
iii)	Response to various correspondence and conformance to standards like ISO	5 marks
iv)	Submission of all required documents including Test Certificates at the time of supply	5 marks

Annexure-III

ADDENDUM TO INSTRUCTIONS TO BIDDERS (INSTRUCTIONS FOR PARTICIPATION IN E-TENDER)

1. General

This section contains detailed instructions regarding bid submission procedure under GAIL’s e-tendering system (e-tender portal). Bidders are required to read the following instructions in addition to various instructions mentioned elsewhere in the bid document for e-tendering, Ready Reckoner and FAQs etc. The instructions mentioned herein related to bid submission procedure shall supersede and shall prevail over the conditions enumerated elsewhere in the bid/tender document.

Bidders who wish to participate in e-tenders must download ‘Ready Reckoner for bidders’ which contains instructions in respect of e-Tendering essentially covering security settings required for bidder’s PC / Laptop, uploading and checking the status of digital signature in the bidder’s PC / Laptop, obtaining unique login ID and password, re-setting the password, downloading of Tender document and uploading of Offer/Bid etc.

Further, the troubleshooting issues are also available in the form of FAQs which can be downloaded from E-Tender Portal.

2. About E-Tender Portal (Web)

XXXX (India) Ltd. has developed a secured and user friendly e-tender system enabling bidders to Search, View, Download tender document(s) directly from the portal xxxxx://xxxxxxx.xxxx.xx.xx (referred hereunder as “E-Tender Portal”) and also enables the bidders to participate and submit online prices directly in the e-tender portal or uploading of SOR/Price Schedule (Price Bid) in note and attachment folder, as applicable, and technical bids in secured and transparent manner maintaining absolute confidentiality and security throughout the tender evaluation process and award.

3. Pre-requisite for participation in bidding process

The following are the pre-requisite for participation in e-Tendering Process:

3.1 PC/Laptop with Windows OS, Internet Explorer

Bidder must possess a PC/laptop with Windows 7, 8, 8.1,10 professional or above OS (please avoid using of Windows ultimate OS), Internet Explorer 8, 9,10,11 or above for hassle free bidding. Bidder is essentially required to effect the security settings as defined in step-by-steps with screen shots in the document named “Ready Reckoner for B idders” for e-tendering available on GAIL’s e- Portal and can be downloaded without logging in.

3.2 Internet Broadband Connectivity

The Bidder must have a high speed internet connectivity (preferably Broadband) to access GAIL’s e-Tender Portal for downloading the Tender document and uploading/submitting the Bids.

3.3 A valid e-mail Id of the Organization/Firm

Bidder must possess an e-mail Id, preferably of the Organisation (in case of a company)/Individual (in case of proprietorship concern)/Partner having Power of Attorney (in case of a partnership firm) to create login Id. The e-mail Id should not be changed frequently. All communication related to e-tendering including system generated mails shall be sent on this e-mail Id only. The communication to bidder is fully automated through the system and hence email-id of bidder is very important for online communication with bidder during various stages of tendering process and should be preferably common e-mail Id of the Organisation.

3.4 User ID and Password for new Bidder(s)

To participate in the bidding process, it is mandatory on the part of bidder(s) to have user Id and password. Without user Id (Login Id), bidders cannot participate in e- tender. There will be single login Id for a bidder/vendor code. A bidder having offices/establishments at different address at same city or at different cities shall have different vendor codes and accordingly, different user Ids as a particular user Id is linked to a particular vendor code.

To obtain User Id and Password Vendor/Bidder must visit xxxxx://xxxxxxx.xxxx.xx.xx site and perform the following steps:

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

ii) Fill the on line self-registration form and submit. Ensure that the e-mail address given in the form is valid and active. If you have already been provided with the Vendor code of GAIL, please mention the 10 digit Vendor code in the specified field, otherwise leave blank.

iii) Ensure that all the mandatory fields (identified with a * mark) are filled in the self- registration form for User Id creation.

XXXX’s system administrator would take possible care to allot User Id and password within 3-4 working days. User Id and password will be communicated through system auto-generated e-mail as mentioned in the self-registration form. On receipt of User Id and password, please reset the password immediately by logging into GAIL’s E- tendering site.

User Id and password is unique for each vendor and the vendor can use the same to view/download/participate in all e-tenders of GAIL.

In their own interest, Bidder(s) are advised to apply for User Id immediately on publishing of tender or well in advance of the bid due date. User Id shall normally be issued within 3-4 working days provided complete information has been furnished by the bidder in self-registration form. GAIL 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.

3.5 Procedure for change of E-mail Id of the Bidder

The e-mail-id of the bidder/Vendor Code is captured and registered in GAIL’s system when a bidder submits his request for user-id / password.

In case bidder desires for change in the registered e-mail id in GAIL’s system, the under mentioned steps may be followed:-

 Note the name, designation, e-mail id etc. of the dealing officer from the tender document or from the “Contact Us” link available on the logon page of GAIL’s e

- tender portal.

 Request for change in the registered e-mail id may be sent to the dealing officer on the company’s letter head through post/ courier/e-mail. Xxxxxx is also requested to mention his vendor code / user Id in the letter.

3.6 About Digital Signature

(I) 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 Certifying Authorities (CA) to issue Digital Certificates. Digitally signed documents are legally valid as per the Indian IT Act 2000.

One Digital Certificate is valid for a specified period and can be used for digitally signing any number of documents.

(a) In case of Proprietorship/Partnership

Both i.e. (i) Class 3 Digital Signatures issued to authorized individuals on their KYC basis and (ii) Class 3b Digital Signatures issued to authorized individuals with their organization KYC basis are acceptable.

(b) In case of Firm/ Company

Only Class 3b Digital Signature is acceptable where individuals are using their digital signatures on behalf of the Organization and digital Signature should be in the name of authorized signatory who has signed the bid on behalf of bidder.

Bidder can submit only digitally signed documents/bids/offers, in GAIL’s e- tender portal.

(II) Why Digital Signature is required?

In order to bid for GAIL e-tenders bidders are required to obtain a legally valid Digital Certificate as per Indian IT Act 2000 from the licensed Certifying

Authorities (CA) operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India.

(III) How to obtain Digital Signatures from Certifying Authority (CA)?

Valid Digital Certificate can be obtained from Certifying Agency (C.A). Information about CA’s can be obtained through CCA India website (xxxx://xxx.xxx.xxx.xx).

Digital Signatures can be obtained using following steps:

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

b) Apply for a class 3b or class 3(as applicable) Digital Certificate with encryption/decryption facility.

c) Follow the instructions on the CA’s website for submission of requisite documents for issue of the Digital Certificate and making payment.

*Links to some of the licensed CA's are provided below

1. xxxx://xxx.xxxxxxxxxxxxxx.xxx

2. xxxx://xxx.xxxxxxxx.xxx

3. xxxx://xxx.xxx-xx.xxx.xx.xx

4. xxxx://xxx.x-xxxxxx.xxx

5. xxxx://xxx.xxxxx.xxx.xx

6. xxx.xxxxxxx.xxx.xx

Note: The Digital signatures should be obtained directly from certifying authority (CA). Digital signature taken from Sub CA will not be acceptable in the e-tendering system.

GAIL/Owner reserves the right to verify the Authenticity of above digital signatures 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.

4. How to submit On-line Bids/Offers electronically against E-tenders?

Bidders who wish to participate against e-tenders uploaded on GAIL’s e-tender website (xxxxx://xxxxxxx.xxxx.xx.xx) (e-tender portal) should follow the steps mentioned in the “Ready Reckoner for Bidders for e-tendering” available on GAIL’s e-tender portal which shall guide them to Search, Display/View, Download and Submit electronic Bids/Offers online in a secured manner ensuring confidentiality.

5. How to search, view and download e-tender?

Bidders must go to e-tender website xxxxx://xxxxxxx.xxxx.xx.xx and logon using their user- Id and password. In case bidders do not have the User Id and Password, they can access the e-tender as guest which does not require any user Id & Password. This facilitates viewing of tenders in display mode in Collaboration folder (C Folder). The bidder can also download the tender.

6. Bidders are advised to ensure that their bids are uploaded in e-Tender system well before the closing date and time of bid submission by pressing “Submit” button. It has been seen that bidder who try to upload his bid at the last moment often failed because of last minute unforeseen reasons. Therefore, bidders are requested to upload & submit all documents (Technical/Un-Priced Bid and Priced Bid) well in advance and refrain from submitting their bid at the last moment. Once bid is submitted successfully, bidders shall receive a system generated response on their registered E-mail Id confirming successful submission of bid indicating ten digit response number starting from 9000…. (E-bid number).

Bidder can modify the bid already submitted prior to the due date and time of Bid submission.

7. Further, bidders are advised to carry out a practice session on the demo version of tendering as explained in Ready Reckoner to get well acquainted with the system before actual submission of bid.

8.0 Content of Bid

8.1 Un-Priced Bid

The Un-priced Bid (i.e. Part I – Technical Bid, refer ITB of tender for details) to be uploaded using Link “TECHNICAL DOCUMENT”. Bidders are advised to not upload duly filled Schedule of Rates/Price Schedule (Price Bid) at this link. For detailed instructions, Ready Reckoner for bidders may be referred.

Before the bid is uploaded, the bid comprising of all relevant documents mentioned in the tender document should be digitally signed in accordance with the Indian IT Act 2000. If any modifications are required to be made to a document thereafter the modified documents shall be again digitally signed before uploading.

Bidders are required to upload all Tender forms and supporting documents which form part of the bid/tender in the Collaboration Folder (C-Folder) under tender document of e-tender portal.

Uploading the documents relevant to bid before the bid submission date and time is the sole responsibility of the bidder. No Manual/Hard copy of bid is acceptable. Bids submitted manually shall be rejected.

Bidders are required to submit the Xxxxxxx Money Deposit (EMD)/Bid Bond in original in the prescribed formats and in the manner prescribed in the tender at the time of bid submission in sealed envelope.

However, if the bidder is unable to submit EMD/Bid Bond in original on the due date, he may upload scanned copy of the EMD/Bid Bond while submitting the bid electronically, provided the original EMD/Bid Bond, copy of which has been uploaded, is received within 7 (seven) days from the date of un-priced bid opening, failing which the bid will be rejected irrespective of their status / ranking in tender and notwithstanding the fact that a copy of the Xxxxxxx Money Deposit/Bid Bond was earlier uploaded by the bidder.

The complete bid (each page) shall be continuously numbered in sequence, from start till end i.e. 1, 2, 3… n. The bid shall be uploaded along with proper index and indicating page numbers against each category of documents. A sample is suggested as under:

Sub-folder in C-Folder	Documents	Page nos. (for ref.)
1. INDEX	Index	1 to a
2. TENDER DOC	Tender Document, Corrigendum etc.	a+1 to b
3. B.E.C	BEC documents (including order, completion/ execution certificate, balance sheet, etc.)	b+1 to c
4. UN-PRICED COMMERCIAL	Un-priced Commercial offer/bid	c+1 to d
5. EMD/POA	Scanned copy of EMD/POA	d+1 to e
6. FORMATS	Formats of tender duly filed-in, signed and stamped and other	e+1 to f
I.P.	Integrity Pact (I.P.)	f+1 to f
7. OTHERS	Any other document	g+1 to n

The above shall ensure that there are no missing documents and traceability of relevant section is ensured.

Note:

i) Bidder may save/store the bid documents in the PC/Laptop before submitting the bid into in e-tender portal.

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

Inadvertently, if a document is uploaded in Collaboration Folder (C Folder) by the bidders, such document can be deleted by the bidder and can be replaced by a digitally signed new/modified document prior to due date& time.

Un-priced techno-commercial bid document should be placed in the private area earmarked in the C-folder of Tender Document in e-tender portal.

8.2 Priced Bid

The Priced Bid (i.e. Part II – Price Bid, refer ITB for details) to be uploaded using Link “Step-3: SOR Attachments” and NOT using link “TECHNICAL DOCUMENT”. Bidders are advised not to upload any other documents and same shall be ignored. For detailed instructions, refer tender document and Ready Reckoner.

GAIL shall not be responsible for any failure on the part of the bidder in submission of Priced Bid.

Instructions mentioned under “PRICE BID [Online]” in Ready Reckoner shall be applicable in case Bidders have been asked to quote their prices on-line directly in the GAIL’s e-tender portal in addition to uploading of scanned copy of SOR or only the on- line price submission in the portal, as the case may be.

9. E-Tender demo during pre-bid conference

During the pre-bid conference, GAIL shall also arrange demonstration for submission of bids in e-tender portal for interested bidders.

10. Submission of documents

Bidders are requested to upload small sized documents preferably (upto 20 MB) at a time to facilitate easy uploading into e-tender portal. GAIL shall not be responsible in case of failure of the bidder to upload documents/bids within specified time of tender submission.

11. Last date for submission of bids

System does not allow for submission or modification 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’s e-tender 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-tender system well before the closing date and time of bid.

12. Internet connectivity

If bidders are unable to access GAIL’s e-tender portal or Bid Documents, the bidders may please check whether they are using proxy to connect to internet or their PC is behind any firewall and may contact their system administrator to enable connectivity. Please note that Port SSL/443 should be enabled on proxy/firewall for HTTPS connectivity. Dial-up/Broad band internet connectivity without Proxy settings is another option.

.................................................................................................................................

ANNEXURE-IV

BIDDING DATA SHEET (BDS)

ITB TO BE READ IN CONJUNCTION WITH THE FOLLOWING:

A. GENERAL
ITB clause	Description
1.2	The Invitation for Bids/ Tender no is : GAIL/BDA/80316/C&P/ASB/18/W- 28[E:TENDER-8000014066]]
1.1	The Employer/Owner is: XXXX (India) Limited , Vadodara
2.1	The name of the Works/Services to be performed is: “HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHS PERIOD.
3
		BIDS FROM CONSORTIUM/ JOINT VENTUREAPPLICABLE	NO
		NOT APPLICABLE		YES

5.2.1	Demand Draft/ Banker’s Cheque towards Tender fee (if applicable) shall be in favour of XXXX (India) Limited payable at : Vadodara : Amount  Rs. 0.00 (Inclusive of 18% GST) [NOT APPLICABLE]
B. BIDDING DOCUMENT
ITB clause	Description
8.1	For clarification purposes only, the communication address is: Xxxxxxxx Xxxxx, Xx. Manager (C&P)/Xxxxx Xxxxxxx, DGM (C&P) XXXX (India) Limited Near Ajit Nagar, Behind Sir Sayaji Nagar Gruh, , Old Padra Road Distt.: Vadodara (Gujarat) (India), PIN Code: 390015, Ph: x00 000 0000000 Extn.383 Email id: xxx00000@xxxx.xx.xx; xxxxx.xxxxxxx@xxxx.xx.xx
C. PREPARATION OF BIDS
ITB clause	Description
11.1.1 (u)	The Bidder shall submit/upload with its Techno-commercial/ Unpriced bid the following additional documents (SCC Refers):

	1. EMD 2. BEC Qualification Documents 3. Entire Tender document duly signed and sealed 4. Forms and Formats duly filled up and signed with Xxxxxx’s seal 5. Xxxxxx’s credentials and documents 6. Blank Schedule of Rates duly signed and has to write “Quoted” against each line item.
12	Additional Provision for Schedule of Rate/ Bid Price are as under: Ref Price bid section of e-tender portal : Price Bid to be uploaded in Price Bid section of e-tender portal
12 & 13	Whether GAIL will be able to avail input tax credit in the instant tender
14	The currency of the Bid shall be : INR (INDIAN RUPEES)
15	The bid validity period shall be 90 DAYS from final 'Bid Due Date'.
16.1	In case 'Xxxxxxx Money / Bid Security' is to be submitted in the form of 'Demand Draft' or 'Banker's Cheque', the same should be favor of XXXX (India) Limited, payable at Vadodara BANK DETAILS: State Bank of India, (A/C No. 32777240215) IFSC – SBIN0003321 MICR - 390002014 Neha Apartments, XX Xxxx Road, Alkapuri, Vadodara - 390007. Bidder registered with MSME under “Micro”& “Small” Category are eligible for exemption for submission of EMD provided they submit Copy of Registration of MSME duly attested by Chartered Accountant and Notarized by Notary Public. Start-up firms are also exempted from submission of EMD. Note: START UP firms are exempted from submission of EMD
D. SUBMISSION AND OPENING OF BIDS
ITB clause	Description
18	In addition to the original of the Bid, the number of copies required is one. Not applicable in case of e-tendering.
22	The E-Tender No. of this bidding process is: 8000014066]]

YES		X
NO
		

22.3 and 4.0 of IFB	For bid submission purposes only (Manual) or the submission of physical document as per clause no. 4.0 of IFB, the Owner’s address is : Attention: SH. XXXXXXXX XXXXX, XX. MANAGER (C&P) XXXX (India) Limited Near Ajit Nagar, Behind Xxx Xxxxxx Xxxxx Xxxx, Old Padra Road Distt.: Vadodara (Gujarat) (India), PIN Code: 390015, Ph: x00 000 0000000 Extn.383 Email id: xxx00000@xxxx.xx.xx
26	The bid opening shall take place at: XXXX (India) Limited Near Ajit Nagar, Behind Sir Xxxxxx Xxxxx Xxxx, , Old Padra Road Distt.: Vadodara (Gujarat) (India), PIN Code: 390015, Date: 18.04.2018 Time: 14:00 HRS
E. EVALUATION, AND COMPARISON OF BIDS
ITB clause	Description
32	Evaluation Methodology is mentioned in Annexure-II.
33	Compensation for Extended Stay:
		APPLICABLE	NO
		NOT APPLICABLE
			YES
F. AWARD OF CONTRACT
ITB clause	Description
37	State of which stamp paper is required for Contract Agreement: GUJARAT
38	Contract Performance Security/ Security Deposit Applicable: Total 10% of the total Annualized contract value (exclusive of taxes and duties) : Initially the bidder to deposit 2.5% within 30 days of FOA/Notification of Award and deduction of balance to be recovered from subsequent XX xxxxx @ 7.5% till the amount of Security Deposit (Including Initial Security deposit and deducted amount) reaches 10% of Total Order/Contract value.

APPLICABLE
		YES
NOT APPLICABLE
		NO

40	Whether tendered item is non-split able or not-divisible :
41	Provision of AHR Item :
		APPLICABLE		YES
		NOT APPLICABLE	NO
49	Quarterly Closure of Contract
Clause no. 27.3 of GCC	Bonus for Early Completion:
		APPLICABLE	NO
		NOT APPLICABLE	YES
50	Applicability of provisions relating to Startups:
Customer Name	CUSTOMER ADDRESS		ARN No		GST No	PAN NO.
XXXX (India) Limited	Near Ajit Nagar, Behind Sir Xxxxxx Xxxxx Xxxx, , Old Padra Road, Vadodara – 390 015.		AA241216014846C		24AAACG1209J1Z2	XXXXX0000X

YES		x
NO
NO		

APPLICABLE		NO
NOT APPLICABLE
NOT APPLICABLE		YES

APPLICABLE		YES

NOT APPLICABLE	NO

FORMS & FORMAT

LIST OF FORMS & FORMAT

Form No.	Description
F-1	BIDDER’S GENERAL INFORMATION
F-2	BID FORM
F-3	LIST OF ENCLOSURES
F-4	PROFORMA OF "BANK GUARANTEE" FOR "XXXXXXX MONEY / BID SECURITY"
F-4A	PROFORMA OF "LETTER OF CREDIT" FOR "XXXXXXX MONEY / BID SECURITY"
F-5	LETTER OF AUTHORITY
F-6	NO DEVIATION CONFIRMATION
F-7	DECLARATION REGARDING HOLIDAY/BANNING AND LIQUIDATION, COURT RECEIVERSHIP ETC.
F-8	CERTIFICATE FOR NON-INVOLVMENT OF GOVT. OF INDIA
F-9	PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT"
F-10	AGREED TERMS & CONDITIONS
F-11	ACKNOWLEDGEMENT CUM CONSENT LETTER
F-12	UNDERTAKING ON LETTERHEAD
F-13	BIDDER’S EXPERIENCE
F-14	CHECK LIST
F-15	FORMAT FOR CERTIFICATE FROM BANK IF XXXXXX’S WORKING CAPITAL IS INADEQUATE
F-16	FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE FOR FINANCIAL CAPABILITY OF THE BIDDER
F-17	FORMAT FOR CONSORTIUM/JV AGREEMENT NOTAPPLICABLE
F-18	BIDDER'S QUERIES FOR PRE BID MEETING
F-19	E-BANKING FORMAT
F-20	INTEGRITY PACT [ APPLICABLE]
F-21	INDEMNITY BOND

F-1

XXXXXX'S GENERAL INFORMATION

To,

M/s XXXX (INDIA) LIMITED

SUBJECT: HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

1	Bidder Name
2	Status of Firm	Proprietorship Firm/Partnership firm/ Limited/Others If Others Specify: [Enclose certificate of Registration]
3	Name of Proprietor/Partners/Directors of the firm/company
4	Number of Years in Operation
5	Address of Registered Office: *In case of Partnership firm, enclose letter mentioning current address of the firm and the full names and current addresses of all the partners of the firm.
		City:
		District:
		State:
		PIN/ZIP:
6	Operation Address (if different from above)
		City:
		District:
		State:
		PIN/ZIP:
8	Telephone Number	(Country Code) No.)	(Area Code)	(Telephone
9	E-mail address
10	Website
11	Fax Number:	(Country Code) No.)	(Area Code)	(Telephone
12	ISO Certification, if any	{If yes, please furnish details}
13	Bid Currency
14	Banker’s Name
15	Branch
17	Bank account number
18	PAN No.	[Enclose copy of PAN Card]

19	GST No.	[Enclose copy of GST Certificate]
20	EPF Registration No.	[Enclose copy of EPF Registration Certificate]
21	ESI code No.	[Enclose copy of relevant document]
22	We (Bidder) are cover under the definition of section 2 (n) of the MSMED Act	Yes / No (If the response to the above is ‘Yes”, Bidder to provide Purchaser a copy of the Enterpreneurs Memorandum (EM) filled with the authority specified by the respective State Government.)
23	Whether Micro/Small/Medium Enterprise	(Bidder to submit documents as specified it ITB)
24	Type of Entity	Corporate/ Non-Corporate (As per CGST/SGST/UTGST Act). (In case of Non-Corporate Entity, bidder will submit documentary evidence for same).

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

To,

M/s XXXX (INDIA) LIMITED

F-2 BID FORM

SUB: HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHS PERIOD

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

Dear Xxx,

After examining / reviewing the Bidding Documents for the tender of

“ including

"Specifications & Scope of Work", "General Conditions of Contract [GCC]", "Special Conditions of Contract [SCC]" and "Schedule of Rates [SOR]", etc. the receipt of which is hereby duly acknowledged, we, the undersigned, are pleased to offer to execute the whole part of the job and in conformity with the said Bid Documents, including Addenda / Corrigenda Nos. .

We confirm that this Bid is valid for a period as specified in BDS from the date of opening of "Techno- Commercial / Un-priced Bid", and it shall remain binding upon us and may be accepted by any time before the expiry of that period.

If our Bid is accepted, we will provide the "Contract Performance Security / Security Deposit" equal to " of the Contract Price" or as mentioned in Tender Document for the due performance within "thirty [30] days" of such Award.

Until a final Agreement/Letter of Award is prepared and executed, the tender document (including addenda/ corrigenda) together with the "Notification of Award" shall constitute a binding Agreement between us.

We understand that Bidding Document is not exhaustive and any action and activity not mentioned in Bidding Documents but may be inferred to be included to meet the intend of the Bidding Documents shall be deemed to be mentioned in Bidding Documents unless otherwise specifically excluded and we confirm to perform for fulfillment of Agreement and completeness of the Work in all respects within the time frame and agreed price.

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

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

To,

M/s XXXX (INDIA) LIMITED

F-3

LIST OF ENCLOSURES

SUB: HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHS PERIOD

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

Dear Xxx,

We are enclosing the following documents as part of the bid:

1. Power of Attorney of the signatory to the Bidding Document.

2. Document showing annual turnover for the last three years such as annual reports, profit and loss account, net worth etc. along with information as sought in enclosed format F-16

3. Document showing Financial Situation Information as sought in enclosed format F-16

4. Copy of Bidding Documents along with addendum/corrigendum duly signed and sealed on each page, in token of confirmation that Bid Documents are considered in full while preparing the bid and in case of award, work will be executed in accordance with the provisions detailed in Bid Documents.

5. Documentary Evidences showing the Bidder’s claim of meeting Technical Criteria as mentioned in Clause 4 of ITB.

6. Bid Security/EMD*

7. Tender Fee*

8. Integrity Pact*

9. Power of Attorney*

10. Duly certified document from chartered engineer and or chartered accountant.

Note:

* In case of e-bidding the bidder has the option to submit specified documents in physical form on/before the bid due date or within seven days from the bid opening date. However, scanned copy of these (same) documents must be submitted on-line as part of e-bid before the bid due date/time.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

FORMAT F-4

PROFORMA OF "BANK GUARANTEE" FOR "XXXXXXX MONEY / BID SECURITY"

(To be stamped in accordance with the Stamp Act)

Ref............... Bank Guarantee No.........

Date......................

To,

M/s XXXX (INDIA) LIMITED

SUB:“HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHS PERIOD

TENDER NO.: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

Dear Xxx(s),

In accordance with Letter Inviting Tender under your reference No M/s.

having their Registered / Head Office at (hereinafter called the Tenderer), wish to participate in the said tender for

As an irrevocable Bank Guarantee against Xxxxxxx Money for the amount of

is required to be submitted by the Tenderer as a condition precedent for participation in the said tender which amount is liable to be forfeited on the happening of any contingencies mentioned in the Tender Document.

We, the Bank at

having our Head Office

(Local Address) guarantee and undertake to pay immediately on demand without any recourse to the tenderers by XXXX (India) Ltd., the amount without any reservation, protest, demur and recourse. Any such demand made by GAIL, shall be conclusive and binding on us irrespective of any dispute or difference raised by the Tenderer.

This guarantee shall be irrevocable and shall remain valid up to [this date should be two (02) months beyond the validity of the bid].If any further extension of this guarantee is required, the same shall be extended to such required period on receiving

instructions from M/s. behalf this guarantee is issued.

whose

In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this day of 20 at .

WITNESS:

(SIGNATURE) (SIGNATURE)

(NAME) (NAME)

Designation with Bank Stamp

(OFFICIAL ADDRESS) Attorney as per

Power of Attorney No. Date:

- -

INSTRUCTIONS FOR FURNISHING "BID SECURITY / XXXXXXX MONEY" BY "BANK GUARANTEE"

1. The Bank Guarantee by Bidders will be given on non-judicial stamp paper as per "Stamp Duty" applicable. The non-judicial stamp paper should be in the name of the issuing Bank. In case of foreign Bank, the said Bank's Guarantee to be issued by its correspondent Bank in India on requisite non-judicial stamp paper

2. The expiry date should be arrived at in accordance with "ITB: Clause-15.1".

3. The Bank Guarantee by bidders will be given from Bank as specified in "ITB".

4. A letter from the issuing Bank of the requisite Bank Guarantee confirming that said Bank Guarantee / all future communication relating to the Bank Guarantee shall be forwarded to the Employer at its address as mentioned at "ITB".

5. Bidders must indicate the full postal address of the Bank along with the Bank's E- mail / Fax / Phone from where the Xxxxxxx Money Bond has been issued.

6. If a Bank Guarantee is issued by a commercial Bank, then a letter to Employer confirming its net worth is more than Rs. 1,000,000,000.00 [Rupees One Hundred Crores] or equivalent alongwith documentary evidence.

…………………………………………..

To,

F-4A

PROFORMA OF "LETTER OF CREDIT" FOR "XXXXXXX MONEY / BID SECURITY"

M/s XXXX (INDIA) LIMITED

SUB: “HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHSPERIOD

TENDER NO.: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

Irrevocable and confirmed Letter of Credit No. …………………… Amount: Rs.

Validity of this Irrevocable: (in India)

Letter of Credit (2 months beyond validity of Offer)

Dear Xxx,

1. You are here by authorized to draw on (Name of Applicant with full

address) for a sum not exceeding …………………… available by your demand letter (draft) on them at sight drawn for Rs. accompanied by a certificate by XXXX

(India) Limited, with the Tender No. duly incorporated therein, that one or more of the following conditions has/have occurred, specifying the occurred condition(s):

(i) The Bidder withdraws its Bid during the period of Bid validity or any extension thereof duly agreed by the Bidder.

(ii) The Bidder varies or modifies its Bid in a manner not acceptable to XXXX (India) Limited during the period of bid validity or any extension thereof duly agreed by the Bidder.

(iii) The Bidder, having been notified of the acceptance of its Bids,

(a) Fails or refuses to execute the Supply Order/Contract

(b) Fails or refuses to furnish the Contract Performance Security within 30 days before expiry of Bid Security.

2. This Irrevocable Letter of Credit has been established towards Bid Security Tender No

……………… for (Item)

3. We hereby guarantee to protect the Drawers, Endorsers and bonafide holders from any consequences, which may arise in the event of the non-acceptance or non-payment of Demand Letter (draft) in accordance with the terms of this credit.

4. This Credit is issued subject to the Uniform Customs and Practices for Documentary Credits (1993 Revised) International Chamber of Commerce brochure No. 500.

5. Please obtain reimbursement as under: ………………………………………….

6. All foreign as well as Indian bank charges will be on the account of M/s.

…………………………… (Applicant)

FOR ………………………..

Counter Signature

Authorized Signature

(Original Bank)

F-5

LETTER OF AUTHORITY

[Pro forma for Letter of Authority for Attending Subsequent 'Negotiations' / 'Pre-Bid Meetings' /'Un- priced Bid Opening' / 'Price Bid Opening']

Ref: Date:

To,

M/s XXXX (INDIA) LIMITED

Vadodara

SUB: ‘‘HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHSPERIOD

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

Dear Xxx,

I/We, hereby authorize the following representative(s) for attending any 'Negotiations' / 'Meetings [Pre-Bid Meeting]', 'Un-priced Bid Opening', 'Price Bid Opening' and for any subsequent correspondence / communication against the above Bidding Documents:

[1] Name & Designation Signature Phone/Cell:

Fax:

E-mail: ………………………………….. @ ………………………………

[2] Name & Designation Signature Phone/Cell:

Fax:

E-mail: ……………………………………….. @ ………………………………

We confirm that we shall be bound by all commitments made by aforementioned authorised representative(s).

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

iv)

v) Note: This "Letter of Authority" should be on the "letterhead" of the Firm / Bidder and should be signed by a person competent and having the 'Power of Attorney' to bind the Bidder. Not more than 'two [02] persons per Bidder' are permitted to attend "Techno-commercial / Un- priced" & "Price Bid" Openings. Bidders authorized representative is required to carry a copy of this authority letter while attending the un-priced and priced bid opening, the same shall be submitted to GAIL.

F-6

"NO DEVIATION" CONFIRMATION

To,

M/s XXXX (INDIA) LIMITED

Vadodara

SUB: HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHSPERIOD

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

Dear Xxx,

We understand that any 'deviation / exception' in any form may result in rejection of Bid. We, therefore, certify that we have not taken any 'exception / deviation' anywhere in the Bid and we agree that if any 'deviation / exception' is mentioned or noticed, our Bid may be rejected.

vi) vii) viii)

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

F-7

DECLARATION REGARDING HOLIDAY/BANNING AND LIQUIDATION, COURT RECEIVERSHIP

To,

M/s XXXX (INDIA) LIMITED

SUB: “HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHSPERIOD

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

Dear Xxx,

(i) We hereby confirm that we are not on ‘Holiday’ by GAIL or Public Sector Project Management Consultant (like EIL, Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or banned by Government department/ Public Sector on due date of submission of bid.

(ii) Further, we confirm that neither we nor our allied agency/(ies) (as defined in the Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on banning list of GAIL or the Ministry of Petroleum and Natural Gas.

(iii) We also confirm that we are not under any liquidation, court receivership or similar proceedings or 'bankruptcy'.

(iv) In case it comes to the notice of GAIL that the bidder has given wrong declaration in this regard, the same shall be dealt as ‘fraudulent practices’ and action shall be initiated as per the Procedure for action in case of Corrupt/Fraudulent/Collusive/Coercive Practices.

(v) Further, we also confirm that in case there is any change in status of the declaration prior to award of contract, the same will be promptly informed to GAIL by us.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

F-8

CERTIFICATE FOR NON-INVOLVMENT OF GOVT. OF INDIA

To,

M/s XXXX (INDIA) LIMITED

SUB: ‘‘HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHSPERIOD.”

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

Dear Xxx,

If we become a successful Bidder and pursuant to the provisions of the Bidding Documents, award is given to us for the tender for “ ”, the following Certificate shall be automatically enforceable:

"We agree and acknowledge that the Employer is entering into the Agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood & agreed that the Government of India is not a party to the Agreement and has no liabilities, obligations or rights thereunder. It is expressly understood and agreed that the Employer is authorized to enter into Agreement, solely on its own behalf under the applicable laws of India. We expressly agree, acknowledge and understand that the Employer is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Agreement. Accordingly, we hereby expressly waive, release and forego any and all actions or claims, including cross claims, VIP claims or counter claims against the Government of India arising out of the Agreement and covenants not to sue to Government of India as to any manner, claim, cause of action or things whatsoever arising of or under the Agreement."

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

F-9

PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT"

(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

To,

M/s XXXX (INDIA) LIMITED

Dear Xxx(s),

M/s. having registered office at (herein after called the “contractor/supplier” which expression shall wherever the context so require include its successors and assignees) have been placed/ awarded the

job/work of vide PO/LOA /FOA No.

dated for XXXX (India) Limited having registered office at 00, Xxxxxxxx Xxxx Xxxxx, X.X. Puram, New Delhi (herein after called the “GAIL” which expression shall wherever the context so require include its successors and assignees).

The Contract conditions provide that the SUPPLIER/CONTRACTOR shall pay a sum of Rs.

(Rupees ) as full Contract Performance Guarantee in the form therein mentioned. The form of payment of Contract Performance Guarantee includes guarantee executed by Nationalized Bank/Scheduled Commercial Bank, undertaking full responsibility to indemnify XXXX (INDIA) LIMITED, in case of default.

The said M/s. has approached us and at their request and in consideration of the premises we having our office at have agreed to give such guarantee as hereinafter mentioned.

1. We hereby

undertake to give the irrevocable & unconditional guarantee to you that if default shall be made by M/s. in performing any of the terms and conditions of the tender/order/contract or in payment of any money payable to XXXX (INDIA) LIMITED we shall on first demand pay without demur, contest, protest and/ or without any recourse to the contractor to GAIL in such manner as GAIL may direct the said amount of Rupees

only or such portion thereof not exceeding the said sum as you may require from time to time.

2. You will have the full liberty without reference to us and without affecting this guarantee, postpone for any time or from time to time the exercise of any of the powers and rights conferred on you under the order/contract with the said M/s.

and to enforce or to forbear from endorsing any powers or rights or by reason of time being given to the said M/s. and such postponement forbearance would not have the effect of releasing the bank from its obligation under this debt.

3. Your right to recover the said sum of Rs. (Rupees

) from us in manner aforesaid is absolute & unequivocal and will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said M/s. and/or that any dispute or disputes are pending before any officer, tribunal or court or arbitrator or any other authority/forum and any demand made by you in the bank shall be conclusive and binding. The bank shall not be released of its obligations under these presents by any exercise by you of its liberty with reference to matter aforesaid or any of their or by reason or any other act of omission or commission on your part or any other indulgence shown by you or by any other matter or changed what so ever which under law would, but for this provision, have the effect of releasing the bank.

4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up dissolution or changes of constitution or insolvency of the said supplier/contractor but shall in all respects and for all purposes be binding and operative until payment of all money due to you in respect of such liabilities is paid.

5. This guarantee shall be irrevocable and shall remain valid upto (this date should be 90 days after the expiry of defect liability period/ Guarantee period) . The bank undertakes not to revoke this guarantee during its currency without your previous consent and further agrees that the guarantee shall continue to be enforceable until it is discharged by GAIL in writing. However, if for any reason, the supplier/contractor is unable to complete the supply/work within the period stipulated in the order/contract and in case of extension of the date of delivery/completion resulting extension of defect liability period/guarantee period of the supplier/contractor fails to perform the supply/work fully, the bank hereby agrees to further extend this guarantee at the instance of the supplier/contractor till such time as may be determined by GAIL. If any further extension of this guarantee is required, the same shall be extended to such required period on receiving instruction from M/s.

(contractor) on whose behalf this guarantee is issued.

6. Bank also agrees that GAIL at its option shall be entitled to enforce this Guarantee against the bank (as principal debtor) in the first instant, without proceeding against the supplier/contractor and notwithstanding any security or other guarantee that GAIL may have in relation to the suppplier’s/contractor’s liabilities.

7. The amount under the Bank Guarantee is payable forthwith without any delay by Bank upon the written demand raised by GAIL. Any dispute arising out of or in relation to the said Bank Guarantee shall be subject to the exclusive jurisdiction of courts at New Delhi.

7. Therefore, we hereby affirm that we are guarantors and responsible to you on behalf of the Supplier/Contractor 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 Supplier/Contractor to be in default under the order/contract and without caveat or argument, any sum or sums within the limits of (amounts of guarantee) as aforesaid, without your needing to prove or show grounds or reasons for your demand or the sum specified therein.

8. We have power to issue this guarantee in your favor under Memorandum and Articles of Association and the undersigned has full power to do under the Power of Attorney, dated

granted to him by the Bank.

Yours faithfully,

Bank by its Constituted Attorney

Signature of a person duly Authorized to sign on behalf of the Bank

INSTRUCTIONS FOR FURNISHING

"CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT" BY "BANK GUARANTEE"

1. The Bank Guarantee by successful Bidder(s) will be given on non-judicial stamp paper as per 'stamp duty' applicable. The non-judicial stamp paper should be in name of the issuing bank. In case of foreign bank, the said Bank Guarantee to be issued by its correspondent bank in India on requisite non-judicial stamp paper and place of Bid to be considered as Delhi.

2. The Bank Guarantee by Bidders will be given from bank as specified in Tender.

3. A letter from the issuing bank of the requisite Bank Guarantee confirming that said Bank Guarantee and all future communication relating to the Bank Guarantee shall be forwarded to Employer.

4. If a Bank Guarantee is issued by a commercial bank, then a letter to Employer and copy to Consultant (if applicable) confirming its net worth is more than Rs. 100,00,00,000.00 [Rupees One Hundred Crores] or its equivalent in foreign currency alongwith documentary evidence.

To,

M/s XXXX (INDIA) LIMITED

F-10

AGREED TERMS & CONDITIONS

SUB: “HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHSPERIOD

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

This Questionnaire duly filled in, signed & stamped must form part of Bidder’s Bid and should be returned along with Un-priced Bid. Xxxxxxx confirmed hereunder need not be repeated in the Bid.

Sl.	DESCRIPTION	BIDDER'S CONFIRMATION
1	Bidder's name and address
2.	Please confirm the currency of quoted prices is in Indian Rupees.
3.	Confirm quoted prices will remain firm and fixed till complete execution of the order.
4	Rate of applicable GST (CGST & SGST/ UTGST or IGST )	CGST: % Plus SGST/UTGST % Total % Or IGST %
4.1	Whether in the instant tender services/works are covered in reverse charge rule of GST (CGST & SGST/UTGST or IGST)	Yes/ No In case of Yes, please specify GST (CGST & SGST/UTGST or IGST) payable by: GAIL: % Bidder %
4.2	Service Accounting Codes (SAC)/ Harmonized System of Nomenclature (HSN)
4.3	We hereby confirm that the quoted prices is in compliance with the Section 171 of CGST Act/ SGST Act as mentioned as clause no. 13.10 of ITB
5.	i) Confirm acceptance of relevant Terms of Payment specified in the Bid Document. ii) In case of delay, the bills shall be submitted after deducting the price reduction due to delay.
6.	Confirm that Contract Performance Security will be furnished as per Bid Document.
7.	Confirm that Contract Performance Security shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank. However, in case of bank guarantees from banks other than the Nationalized Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect shall be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead.
8.	Confirm compliance to Completion Schedule as specified in Bid

Sl.	DESCRIPTION	BIDDER'S CONFIRMATION
	document. Confirm contract period shall be reckoned from the date of Fax of Acceptance.
9.	Confirm acceptance of Price Reduction Schedule for delay in completion schedule specified in Bid document.
10.	a) Confirm acceptance of all terms and conditions of Bid Document (all sections). b) Confirm that printed terms and conditions of bidder are not applicable.
11.	Confirm your offer is valid for period specified in BDS from Final/Extended due date of opening of Techno-commercial Bids.
12.	Please furnish EMD/Bid Security details : a) EMD/ Bid Security No. & date b) Value c) Validity
13.	Confirm acceptance to all provisions of ITB read in conjunction with Bid Data Sheet (BDS).
14.	Confirm that Annual Reports for the last three financial years are furnished along with the Un-priced Bid.
15.	Confirm that, in case of contradiction between the confirmations provided in this format and terms & conditions mentioned elsewhere in the offer, the confirmations given in this format shall prevail.
16.	Confirm the none of Directors of bidder is a relative of any Director of Owner or the bidder is a firm in which any Director of Owner/ GAIL or his relative is a partner.
17.	All correspondence must be in ENGLISH language only.
18.	Owner reserves the right to make any change in the terms & conditions of the TENDER/BIDDING DOCUMENT and to reject any or all bids.
19.	Confirm that all Bank charges associated with Bidder’s Bank shall be borne by Bidder.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

F-11 ACKNOWLEDGEMENT CUM CONSENT LETTER

(On receipt of tender document/information regarding the tender, Bidder shall acknowledge the receipt and confirm his intention to bid or reason for non-participation against the enquiry /tender through e-mail/fax to concerned executive in GAIL issued the tender, by filling up the Format)

To,

M/s XXXX (INDIA) LIMITED

SUB: ‘‘HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHSPERIOD.

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

Dear Xxx,

We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/job and/or the information regarding the subject tender.

 We intend to bid as requested for the subject item/job and furnish following details with respect to our quoting office:

Postal Address with Pin Code : ....................

Telephone Number : ....................

Fax Number : ....................

Contact Person : ....................

E-mail Address : ....................

Mobile No. : ....................

Date : ....................

Seal/Stamp : ....................

 We are unable to bid for the reason given below: Reasons for non-submission of bid:

Agency’s Name : ....................

Signature : ....................

Name : ....................

Designation : ....................

Date : ....................

Seal/Stamp : ....................

F-12

UNDERTAKING ON LETTERHEAD

To,

M/s XXXX (INDIA) LIMITED

SUB: “HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHSPERIOD.”

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

Dear Sir

We hereby confirm that “The contents of this Tender Document No. have not been modified or altered by M/s. ( Name of the bidder with complete address). In case, it is

found that the tender document has been modified / altered by the bidder, the bid submitted by M/s…………… (Name of the bidder) shall be liable for rejection”.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

To,

M/s XXXX (INDIA) LIMITED

F-13

BIDDER’S EXPERIENCE

SUB: “HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHSPERIOD

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

Sl. No	Descriptio n of the Services	LOA /WO No. and date	Full Postal Address & phone nos. of Client. Name, designation and address of Engineer/ Officer- in-Charge (for cases other than purchase)	Value of Contract/O rder (Specify Currency Amount)	Date of Commencem ent of Services	Scheduled Completion Time (Months)	Date of Actual Completio n	Reasons for delay in execution, if any
(1)	(2)	(3)	(5)	(6)	(7)	(8)	(9)	(10)

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

F-14 CHECK LIST

Bidders are requested to duly fill in the checklist. This checklist gives only certain important items to facilitate the bidder to make sure that the necessary data/information as called for in the bid document has been submitted by them along with their offer. This, however, does not relieve the bidder of his responsibilities to make sure that his offer is otherwise complete in all respects.

Please ensure compliance and tick (√) against following points:

S. No.	DESCRIPTION	CHECK BOX	REFERENCE PAGE NO. OF THE BID SUBMITTED
1.0	Digitally Signing (in case of e-bidding)/ Signing and Stamping (in case of manual bidding) on each sheet of offer, original bidding□document including SCC, ITB, GCC ,SOR drawings, addendum (if any)
2.0	Confirm that the following details have been submitted in the Un-priced□part of the bid
i	Covering Letter, Letter of Submission
ii	Bid Security
iii	Signed and stamped original copy of bidding document□ along with drawings and addendum (if any) . In case of E-tender, the entire tender document is digitally signed and uploaded.
iv	Power of Attorney in the name of person signing the bid.
v	Copies of documents defining constitution or legal status, place of□ registration and principal place of business of the company
vi	Bidders declaration that regarding, Holiday/ Banning, liquidation court□receivership or similar proceedings
vii	Details and documentary proof required against qualification criteria□ along with complete documents establishing ownership of□ equipment as per SCC are enclosed
viii	Confirm submission of document along with unpriced bid□as per bid requirement.
3.0	Confirm that all forms duly filled in are enclosed with the bid duly□signed by authorised person(s)
4.0	Confirm that the price part as per Price Schedule format submitted with Bidding Document/ uploaded in case of e-bid.
7.0	Confirm that annual reports for last three financial

years & duly□ filled in Form 16 are enclosed in the offer for financial assessment (where financial criteria of BEC is applicable).

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation: Seal:

To,

गेल (इंडिया )लललिटेि

(भारत सरकार का उपक्रि) XXXX (India) Ltd.

(A Government of India Undertaking) A Maharatna Company

F-15

FORMAT FOR CERTIFICATE FROM BANK

I F BIDDER’S WORKING CAPITAL IS INADEQUATE

(To be provided on Bank’s letter head)

Date:

M/s. XXXX (India) Limited

Dear Xxx,

This is to certify that M/s (name of the bidder with address)

(Hereinafter referred to as Customer) is an existing customer of our Bank.

The Customer has informed that they wish to bid for GAIL’s RFQ/Tender no.

.................................................. dated …………… for

……………………………………..(Name of the supply/work/services/consultancy) and as per the terms of the said RFQ/Tender they have to furnish a certificate from their Bank confirming the availability of line of credit.

Accordingly M/s ………………………….. (name of the Bank with address) confirms availability of line of credit to M/s …………………….. (name of the bidder) for at least an

amount of Rs. _ Working Capital.

(Total Working Capital Amount) to meet the inadequacy in

It is also confirmed that the net worth of the Bank is more than Rs. 100 Crores (or Equivalent USD) and the undersigned is authorized to issue this certificate.

Yours truly

for (Name & address of Bank)

(Authorized signatory) Name of the signatory : Designation :

Stamp

गेल (इंडिया )लललिटेि

(भारत सरकार का उपक्रि) XXXX (India) Ltd.

(A Government of India Undertaking) A Maharatna Company

F-16

FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE/ CERTIFIED PUBLIC ACCOUNTANT (CPA) FOR FINANCIAL CAPABILITY OF THE BIDDER

To,

M/s XXXX (INDIA) LIMITED

SUBJECT: HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHSPERIOD

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

We have verified the Audited Financial Statements and other relevant records of M/s (Name of the bidder) and certify the following:

A. AUDITED ANNUAL TURNOVER* OF LAST 3 YEARS:

Year	Amount (Currency)
Year 1:
Year 2:
Year 3:

X. XXXXXXXX* AS PER LAST AUDITED FINANCIAL STATEMENT:

Description	Year
	Amount (Currency)
1. Net Worth

C. WORKING CAPITAL*AS PER LAST AUDITED FINANCIAL STATEMENT:

Description	Year
	Amount (Currency)
1. Current Assets
2. Current Liabilities
3. Working Capital (Current Assets-Current liabilities)

*Refer Instructions

Note: It is further certified that the above mentioned applicable figures are matching with the returns filed with Registrar of Companies (ROC) [Applicable only in case of Indian Companies]

Name of Audit Firm: [Signature of Authorized Signatory]

Chartered Accountant/CPA Name:

Date: Designation:

Seal: Membership No.:

Instructions:

गेल (इंडिया )लललिटेि

(भारत सरकार का उपक्रि) XXXX (India) Ltd.

(A Government of India Undertaking) A Maharatna Company

1. The Separate Pro-forma shall be used for each member in case of JV/ Consortium.

2. The financial year would be the same as one normally followed by the bidder for its Annual Report.

3. The bidder shall provide the audited annual financial statements as required for this Tender document. Failure to do so would result in the Proposal being considered as non- responsive.

4. For the purpose of this Tender document:

(i) Annual Turnover shall be “Sale Value/ Operating Income”

(ii) Working Capital shall be “Current Assets less Current liabilities” and

(iii) Net Worth shall be Paid up share capital plus Free Reserves & Surplus less accumulated losses, deferred expenditure and miscellaneous expenditure not written off, if any.

5. Above figures shall be calculated after considering the qualification, if any, made by the statutory auditor on the audited financial statements of the bidder including quantified financial implication.

6. This certificate is to be submitted on the letter head of Chartered Accountant/CPA.

To,

गेल (इंडिया )लललिटेि

(भारत सरकार का उपक्रि) XXXX (India) Ltd.

(A Government of India Undertaking) A Maharatna Company

F-18

XXXXXX'S QUERIES FOR PRE BID MEETING

M/s XXXX (INDIA) LIMITED

SUBJECT: HIRING OF VEHICLES FOR CONSTRUCTION/REPLACEMENT WORKS OF P/L UNDER RPNHQ VADODARA” FOR 11 MONTHSPERIOD

TENDER NO: GAIL/BDA/80316/C&P/ASB/18/W-28[E-TENDER: 8000014066]]

SL.

NO.

REFERENCE OF BIDDING DOCUMENT

BIDDER'S QUERY

GAIL'S REPLY

SEC.

NO.

Page

No.

Clause

No.

Subject

NOTE: The Pre-Bid Queries may be sent by fax and also by e-mail before due date for receipt of Bidder's queries.

SIGNATURE OF BIDDER: NAME OF BIDDER : _

1. Vendor/customer Name :

2. Vendor/customer Code:

3. Vendor /customer Address:

4. Vendor/customer e-mail id:

गेल (इंडिया )लललिटेि

(भारत सरकार का उपक्रि) XXXX (India) Ltd.

(A Government of India Undertaking) A Maharatna Company

F-19

E-Banking Mandate Form

(To be issued on vendors letter head)

5. Particulars of bank account

a) Name of Bank

b) Name of branch

c) Branch code:

d) Address:

e) Telephone number:

f) Type of account (current/saving etc.)

g) Account Number:

h) RTGS IFSC code of the bank branch

i) NEFT IFSC code of the bank branch

j) 9 digit MICR code

I/We hereby authorize XXXX(India) Limited to release any amount due to me/us in the bank account as mentioned above. I/We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or lost because of incomplete or incorrect information, we would not hold the XXXX (India) Limited responsible.

(Signature of vendor/customer)

BANK CERTIFICATE

We certify that --------------------------- has an Account no with us and we confirm that

the details given above are correct as per our records. Bank stamp

Date (Signature of authorized officer of bank)

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REGIONAL PIPELINE NETWORK HEADQUARTERS-GUJARAT

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