REQUEST FOR QUOTATION

गेल (इंिडया) िलिमटेड XXXX(India) Limited

(भारत सरकार का उपबम) (A Government of India Undertaking)

(नवरyन कं पनी) ( A Navratna Company)

खेड़ा कbूेशर ःटेशन, माम िचकली पो.औ.नांदेड Xxxxx Compressor Station Vill-Chikli PO:Nander

तहसील-तराना £जला- उuजैन. 456668(म.ू.) Teh: Tarana, Distt. Ujjain-456668 (M.P)

दरभाष (0000) 0000000,2511240,2517060,एffस 380,382 Tel: (0000) 0000000,2511240,2517060, Ext. 380,382

दरभाष (07369) 263420, 263450, फै ffस :(0000)0000000 Tel.(07369) 263420, 263450 Fax :(0000)0000000

REQUEST FOR QUOTATION

To,

GAIL WEBSITE VENDOR,

India

Vendor Code : 101019938

RFQ No.

:GAIL/KCS/10/006/3200052854/GAILTEL Date:28.04.2009

RFQ Due on : 22.05.2009 at 14:00 Hrs IST

Tender Opening Date : 22.05.2009 at 15.00 Hrs IST

Dear Xxx(s)/Madam,

XXXX (India) Ltd. invites you to submit your offer in sealed envelope, superscribing RFQ No. & Due date for the following item(s) in complete accordance with enquiry documents/attachments:

Sl. No MatCode	UOM	QTY	Unit Price
Description			(in figures & words)

Group : 1

ADDITIONAL REQUIREMENTS:

SUPPLEMENTARY REQUIREMENTS:

TELEPHONE, GENERAL

0 0000000000 METER 10,000 CABLE,OFC

CABLE, OFC

पंजीकृ त कायार्लय: 16,xxxxxx xxxx xxxxx,आर.के .परम,नई िदल्ली-110066 Registered Office: 00, Xxxxxxx Xxxx Xxxxx, R.K. Puram, New Delhi-110066 “जब होगी मन म” िनंठा तब बढ़ेगी िहšदt कt ूितंठा”

Page 1 of 7

12F ARMORED OPTICAL FIBER CABLE SPECIFICATION:-

1.1.1 The jelly filled 12 F armoured optical fiber cables (multi-tube) as per specification mentioned in the tender.

1.1.2 Single mode optical fiber cable shall fully comply with requirement of the following specification and meet the latest issue and tables of ITU-T G.652.

1.1.3 Optical fibers with cladding to be sourced only from the reputed manufactures as mentioned in Annexure-1.The supplier shall confirm the source of fiber which shall be used in the cable and shall use the makes approved by GAIL/Authorized Consultant.

1.1.4 The Optical fiber cable shall be able to work in underground buried directly along the Gas pipeline and non-pipeline at a depth of minimum 1650 mm from the natural ground.

1.1.5 The length of optical fiber cable in each standard drum shall be 4KM ± 0% to 5 % and specified by GAIL in the cable length shall not have any joint.

1.1.6 All the fibers shall be colour coded with UV curable inks and colour coding shall be as per latest specification or specified by GAIL.

1.1.7 The life of cable shall be at least 30 years. The supplier shall submit necessary statistical calculations to prove the requirement.

1.1.8 The cable shall be protected against damages from termite, rodent, fire chemicals (such as oil & natural gas, LPG and other petroleum products), moisture and water over the lifetime of the cable.

1.1.9 The characteristics of Fibers and Optical Fiber cable shall not change during entire life of the cable/fiber.

1.1.10 Colour Coding of xxxxx xxxxx:

For 12F armored cable (ITU-TG.652):

Number of fibers per tube

: 6(Six) fibers per tube.

The colour of fibers order: Blue, Orange, Green, Brown, Slate and White. No. of tubes / colour of tubes

: 2(Two) tubes of colours of Blue and Orange. No of filler tubes

: 4 tubes as a Fillers of Black colour for maintaining the circularity of OFC

1.3 Mechanical Requirements:

1.3.1 Proof test: Entire length of the fiber should be subjected to a tensile proof stress of > 100 kpsi (0.7 Gpa).

1.3.2 Strippability force: 1.3 < F < 8.9 N.

1.3.3 Dynamic tensile strength: > 3.8 (Nominal 5.26 Gpa).

1.3.4 Dynamic fatigue: > 18 (Nominal 20).

1.3.5 Static fatigue: > 20 (Nominal 25).

1.3.6 Fiber curl: > 4 m radius of curvature.

1.3.7 Operating temperature: -20°C to + 70°C.

============================================================ NOTE :- DETAILED TECHNICAL SPECIFICATION AS PER SCC ATTACHED

============================================================

EMD Details :

Rs. 11,200/- by way of DD/Banker cheque in favour of XXXX (India) Limited payable at Ujjain or valid bank guarantee as per our proforma.

1) Tender should be submitted & opened in the following address: Manager (C&P)

XXXX (India) Limited

GAIL Complex, Nanakhera, Sanwer Road, Ujjain-456010 Madhya Pradesh

Phone :(0000)0000000, 2517060, 0000000 Ext-380,382

Phone :(07369)263420, 263450

Fax :( 0000)0000000

E-Mail:xx00000@xxxx.xx.xx/xxxxxxxxx@xxxx.xx.xx

Instruction to Bidders : 1. Your offer should be valid for 04 months from the date of tender opening.

2. Please mention the "make" of the item clearly in your offer in case bidder is quoting equivalent product/make bidder has to furnish documentary evidence substantiating BEC and equivalence.

3. Bidder is requested to submit:

(a) Duly filled -in, signed & stamped annexure-I (format for terms, condition taxes & duties)

(b) This RFQ and general purchase conditions; along with their offer.

4. Bids are to be submitted in two bid system. One envelop consist of technical details, documents required as per our bid evaluation area and the other envelop consist of only prices.

5. Conditional, late offers shall not be entertained.

6. Bids complete in all respect should reach on or before the bid due date and time. Bids through fax/ e-mail shall not be considered

7 Gail shall not issue concessional form /form "c" for this purchase, please quote sales tax without form-C accordingly.

8. Please furnish a catalogue/ write-up of quoted items indicating detailed specifications along with offer.

9. Rejection criteria:

a. Please note that this RFQ is on "zero deviation" basis. Gail will accept offers based on terms and conditions of RFQ only. Deviation to terms and conditions of RFQ may lead to rejection of offer.

b. Deviation to the following clauses of RFQ shall lead to rejection of bid:

(i) Firm price

(ii) EMD/ bid bond, if applicable (iii)Scope of work/ specifications

(iv) Price schedule/ price basis

(v) Period of validity of bid.

(vi) Price reduction schedule

(vii) Delivery period

(viii) Performance bank guarantee/ security deposit, wherever applicable.

(ix) Warrantee/guarantee clause

(x) Arbitration/ jurisdiction of court

(xi) Force majeure

10. Technical and commercial queries (TQ/CQ), if required may be issued to only those bidders whose bids are found prima-facie responsive, for seeking clarification only. The request for such clarifications and the response shall be in writing and no change in the price or substance of bids shall be sought, offered or permitted. The substance of the bid includes but not limited to price, delivery/completion, scope, specification etc.

Price Basis : FOR-Xxxxx

Delivery/Completion Schedule : The delivery should be made on or before 30.06.2009

Terms of delivery : FOR-Xxxxx

Consignee Address : Material should be supplied in the below address:

Manager (C&P) XXXX (India) Limited

Xxxxx Compressor Station Vill-Chikli Xxxxx, PO: Nander

Pin Code-456668, Dist-Ujjain (M.P)

Phone :( 0000)0000000, 2517060, 2510478 Ext-380,382

Direct: (07369)263420, 263450

Fax :( 0000)0000000

E-Mail:xx00000@xxxx.xx.xx/xxxxxxxxx@xxxx.xx.xx

Terms of payment : 100% payment shall be released after receipt & acceptance of material at site through e-banking of SBI bank. If you have accounts with SBI bank having core banking facility than please forward the details of your account.

Warranties : As per our GCC

Price Reduction Schedule : As per our GCC

Performance Bank Guarantee : As per our GCC

Indian Agent & IAC : Nil

Detailed Desc./Drg./Sample etc : Nil

Other contractual stipulations : Nil

Despatch Details : Nil

General Conditions of Contract : Enclosed

Special Conditions of Contract : Enclosed

Enclosures : 1. General Conditions of Contract.

2. Specifications.

3. Annexure-I (Format for terms & conditions).

4. Annexure-F (Proforma for confirmation on applicability of "Micro, Small & Medium Enterprises Development Act 2006").

Bid Evaluation Area : "The bidder should be Manufacturer of QUOTED OPTICAL FIBRE CABLES and shall submit proof of manufacturing (i.e. Company registration certificate /ISO Certificate /NSIC

/SSIC/Sales Tax registration/Excise Registration etc clearly mentioning as a manufacturer along with product) along with offer, and should qualify technical specifications failing which their offers shall be rejected"

The bidders not fulfilling the above shall not be considered for procurement of material. However, XXXX's decision in this regard shall be final and binding on all the bidders.

Important :

1. Percentage of Taxes, Duties, P&F, Freight charges etc. of quoted basic price should be clearly mentioned in the quotation.

2. Please go through the General Purchase Conditions (GPC) enclosed as Annexure. Deviations to GPC shall liable for rejection of your offer.

3. Please submit Catalogue/Specification Details, Test Certificates/Traceability Certificate for accuracy along with your quotation.

Yours truly,

For and on behalf of XXXX ( India ) Ltd.

(Authorized signatory)

RFQ No.:GAIL/KCS/10/006/3200052854/GAILTEL Date:28.04.2009

Format for Details of Terms & Conditions to be Filled By Vendor

Offer Ref . & Date .................................................

Telephone No ........................................................

Fax No. ................................................................

E-Mail ....................................................................

Price Basis: Ex-Works..............................

FOT Site of Plant..................

Delivery Schedule ................................................

Offer validity for: 90 days/120 days/180 days Payment Terms ......................................................

1. Discount % on basic Unit price, if any .........................................................................................................

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

2. Xxxxxxx & Xxxxxxxxxx, if applicable.............................................................................................................

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

3. Excise Duty % (if applicable).......................................................................................................................

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

4. LST/CST (with/without concessional Form), if applicable

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

5. Freight, if applicable ...................................................................................................................................

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

6. Other Charges, if any.....................................................................................................................................

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

Signature of Vendor with Office Seal

‘PROFORMA’ FOR CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 [MSMED ACT 2006)”

You may aware that “Micro, Small and Medium Enterprises Development Act 2006” (‘MSMED’) has been come into force w.e.f. 2nd October 2006, which has repealed the provisions of the old Act regarding Small Scale Industrial undertakings.

2. As per the MSMED Act, Enterprises engaged in the manufacture / production of goods or rendering / providing of services are to be classified into Micro, Small and Medium enterprises based on the investment in plant and machinery/equipment.

3. Such Enterprises are required to file a memorandum in the prescribed form to the appropriate authority as mentioned in the MSMED Act.

4. The term Enterprises stated in the above paragraph includes Proprietorship, Hindu undivided family, Association of persons, Cooperative Society, Partnership firms, undertaking or any other legal entity.

5. For your ready reference, the definitions of Micro, Small and Medium enterprises are given below:

Classification of enterprises engaged in:

(a) Manufacture or production of goods pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act 1951 as:

Nature of Enterprise	Investment in Plant & Machinery (#)
Micro	Does not exceed Rs. 25 Lacs
Small	More than Rs. 25 Lacs but does not exceed Rs. 5 Crores
Medium	More than Rs. 5 Crores but does not exceed Rs. 10 Crores

(b) Providing or rendering services:

Nature of Enterprise	Investment in Equipment
Micro	Does not exceed Rs. 10 Lacs
Small	More than Rs. 10 Lacs but does not exceed Rs. 2 Crores
Medium	More than Rs. 2 Crores but does not exceed Rs. 5 Crores

(#) In calculating the investment in plant & machinery, the cost of pollution control, research and development, industrial safety devices and such other items as may be specified will be excluded

6. You are therefore requested to fill the “Format” [proforma attached] and submit the same along with proof of valid document/ certificate [indicating registration no.] in your offer. In case same is not submitted along with your offer, it will be presumed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act 2006.

Format - (A)

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

CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT , 2006 (MSMED ACT 2006)

1. We confirm that provisions of “Micro, Small and Medium Enterprises Development Act 2006” (‘MSMED’) are applicable to us and our organization falls under the definition of:

a. Micro Enterprise - [ ]

b. Small Enterprise - [ ]

c. Medium Enterprise - [ ]

(Please put a tick in the appropriate box)

2. Copy of proof of valid document/ certificate [indicating registration no.] of being a Micro/ Small/ Medium Enterprises is enclosed.

Place: Signature of Authorised Signatory

Date: Name:

Designation: Seal:

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

Note: In case above Format along with proof of valid document/ certificate [indicating registration no.] is not submitted in offer, it will be presumed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act 2006.

PROFORMA FOR BANK GUARANTEE FOR XXXXXXX MONEY DEPOSIT

(To be stamped in accordance with the Stamp Act)

Ref. No.

Bank Guarantee

Dated

To,

XXXX (INDIA) LTD,

XXXXX COMPRESSOR STATION, VILLAGE – CHIKLI, TEHSIL – TARANA, DIST.- UJJAIN (M.P)

Dear Xxx (s)

In accordance with Letter Inviting Tender under your ref. No………………….

M/S…………………. ……………………………….. having their Registered/Head Office at………………………………… (hereinafter called the tenderer) wish to participated in the said Tender for ……………………….

…………………………………….. As an Irrevocable Bank Guarantee against Xxxxxxx Money Deposit for an amount of… is required to be

submitted by the tenderer as 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 out Head Office Undertake

to pay immediately on demand 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 180 days (one Hundred and Eighty Days) after the date finally set out for closing of Tender) If any further extension of this Guarantee is required, the same shall be extended to such required period on receiving instructions from M/s……………………………………………………

On whose behalf this Guarantee is issued.

In witness whereof the bank, through its Authorised Officer, has set its hand and stamp on this ………………………………………….day of

……………..2006….at………………………….

Witness

(Signature) (Signature)

Name Name

(Official Address) Designation with bank stamp Attorney as per power of Attorney no………………….

Date…………………………..

ANNEXURE-I

FORMAT FOR TERMS, CONDITIONS, TAXES AND DUTIES (XXXXX)

(PLEASE SUBMIT THIS ANNEXURE ALONG WITH OFFER FOR DETAILED EVALUATION OF YOUR OFFER)

SL. NO.	DESCRIPTION	DETAILS/ CONFIRMATION
A.	OFFER REF. NO………………………….. DATE…………………………………….	NAME OF BIDDER…………………………………… TELEPHONE/MOBILE NO………………………………… EMAIL ID……………………………………………….. FAX NO…………………………………………………
B	FOLLOWING DOCUMENTS ARE REQUIRED TO BE SUBMITTED TO SUBSTANTIATE BIDDER’S ELIGIBILITY CRITERIA ( BEC ) : [A] Bidder should either be a Manufacturer of required material as specified in RFQ/Tender Enquiry. In support of above, a valid documentary proof of being manufacturer [NSIC certificate, ISO certificate etc.] for required materials as specified in RFQ/Tender Enquiry must be submitted alongwith the Offer. NOTE TO "BEC" [FOR STRICT COMPLIANCE]: 1) Bidders must furnish all relevant certificates / documents / information in support of their credentials to the above 'eligibility criteria' alongwith the 'Offer / Bid', failing which the 'Offer / Bid' shall be summarily rejected. 2) Bidders not meeting any of the above-mentioned criteria shall be rejected without assigning any reason.
C	DESCRIPTION :	BIDDERS CONFIRMATIONS
	DETAILS OF DOCUMENTS SUBSTANTIATNG BIDDER’S ELIGIBILITY CRITERIA ( BEC )
I	PERIOD OF VALIDITY OF BID
II	DETAILS OF EMD/ BID BOND
III	ACCEPTANCE OF FIRM PRICE DURING THE CURRANCY OF CONTRACT.
IV	P & F (IF,APPLICABLE)
V	EXCISE DUTY
VI	EXCISE CHAPTER ID
VII	IF EXCISE DUTY IS APPLICABLE/INCLUSIVE, PLEASE CONFIRM SUBMISSION OF EXCISE INVOICE AT THE TIME OF SUPPLY
VII	VAT / CST (WITHOUT FORM – C )
VIII	ANY OTHER TAXES (IF ANY)
IX	FREIGHT CHARGES(IF APPLICABLE)	………………………….%(OF BASIC PRICE) OR RS…………………………
X	DELIVERY TERM
XI	ACCEPTANCE OF OUR PAYMENT TERMS AS 100% AFTER RECEIPT & ACCEPTANCE OF

	MATERIAL AT SITE WITHIN 15 DAYS
XII	ACCEPTANCE TO ALL THE TERMS & CONDITIONS OF GENERAL PURCHASE CONDITION OF RFQ
XIII	IN CASE BIDDER IS QUOTING EQUIVALENT PRODUCT/MAKE, MAKE AND DOCUMENTARY EVIDENCE FOR SUBSTANTIATING EQUIVALENCE AND MEETING BEC.	NAME OF MAKE: …………………………………… ………………………………………………………….. DOCUMENTS SUBSTANTIATING EQUIVALENCE AND MEETING BEC:
XIV	BANK A/C NO. IN SBI BRANCH WHICH HAS E- BANKING FACILITY.(PLEASE PROVIDE E- BANKING DETAILS SEPERATELY IN YOUR LETTER HEAD)	BANK: …………………..…………………………… ACCOUNT NO. : …………………………………… BRANCH CODE: ……………………………………

NOTE: PLEASE SUBMIT THIS FORMAT DULY FILLED ALONG WITH YOUR OFFER IN TECHNICAL BID.

PLACE: SIGNATURE OF AUTHORISED SIGNATORY

DATE: NAME:

DESIGNATION: SEAL:

1. Detailed Technical Specifications and Requirements

1.1 General Requirements:

1.1.1 The jelly filled 12 F armoured optical fiber cables (multi-tube) as per specification mentioned in the tender.

1.1.2 Single mode optical fiber cable shall fully comply with requirement of the following specification and meet the latest issue and tables of

ITU-T G.652.

1.1.4 The Optical fiber cable shall be able to work in underground buried directly along the Gas pipeline and non-pipeline at a depth of minimum 1650 mm from the natural ground.

1.1.5 The length of optical fiber cable in each standard drum shall be 4KM

± 0% to 5 % and specified by GAIL in the cable length shall not have any joint.

1.1.6 All the fibers shall be colour coded with UV curable inks and colour coding shall be as per latest specification or specified by GAIL.

1.1.7 The life of cable shall be at least 30 years. The supplier shall submit necessary statistical calculations to prove the requirement.

1.1.9 The characteristics of Fibers and Optical Fiber cable shall not change during entire life of the cable/fiber.

1.1.10 Colour Coding of xxxxx xxxxx:

For 12F armored cable (ITU-TG.652):

Number of fibers per tube : 6(Six) fibers per tube.

The colour of fibers order: Blue, Orange, Green, Brown, Slate and White.

No. of tubes / colour of tubes

: 2(Two) tubes of colours of Blue and Orange.

No of filler tubes : 4 tubes as a Fillers of Black colour for

maintaining the circularity of OFC

1.2 Optical Requirements:

Single Mode Optical Fibre ITU-T rec. G.652.

S N	Parameter	Requirement
1.0	Transmission characteristics
1.1	Attenuation coefficient At 1310 nm At 1550 mm At 1625	In bare Fiber < 0.33 -0.35 dB/Km < 0.19 -0.20 dB/Km < 0.20 -0.23 dB/Km	In Cable <0.33-0.35 dB/Km < 0.21 dB/Km < 0.20-0.23 dB/Km
1.2	Attenuation Vs Wavelength 1285 – 1330 nm 1525-1575 nm	< 0.33 dB/Km < 0.32 dB/Km
1.3	Mode field diameter at a) 1310 nm b)1550	Any single value 8.6 -9.5µm+ 0.4 µm Any single value 9.0 -11.0µm+ 1.0 µm
1.4	Cut-off wavelength on 2 meter sample fiber ( In Cable)	< 1320
1.5	Chromatic dispersion 1285-1330 nm 1270 -1340 nm 1550 nm 1625 nm zero dispersion wavelength zero dispersion slope	< 3.5 ps/xx.Xx < 5.3 ps/xx.Xx < 18 ps/xx.Xx < 22 ps/xx.Xx 1300-1324 nm < 0.089 ps/sq nm-km
1.6	Fiber PMD	< 0.2 ps/√Km

	Maximum individual fiber
1.7	Attenuation with bending 100 turns on a mandrel of 60mm diameter 1 turn on mandrel of 32 mm diameter	< 0.05 db at 1550 nm < 0.5 dB at 1550 nm
2.0	Dimensional Specification
2.1	Geometrical parameter Primary coating diameter Cladding Diameter Clad non circularity Mode field concentricity error	245 + 5 µm 125 + 0.7 µm < 0.7% < 0.5 µm

1.3 Mechanical Requirements:

1.3.1 Proof test: Entire length of the fiber should be subjected to a tensile proof stress of > 100 kpsi (0.7 Gpa).

1.3.2 Strippability force: 1.3 < F < 8.9 N.

1.3.3 Dynamic tensile strength: > 3.8 (Nominal 5.26 Gpa).

1.3.4 Dynamic fatigue: > 18 (Nominal 20).

1.3.5 Static fatigue: > 20 (Nominal 25).

1.3.6 Fiber curl: > 4 m radius of curvature.

1.3.7 Operating temperature: -20°C to + 70°C.

1.3.8 Fiber micro bend:

Mandrel Dai mm

No. of turns

Wavelength nm

Induced

attenuation

1550

< 0.05

50	100	1310	< 0.05
50	100	1550	< 0.05
60	100	1625	< 0.05

The induced attenuation due to fiber wrapped around a mandrel of a specified diameter

1.3.9 After each mechanical test of 12 fiber armoured Optical Fiber Cable as mentioned below, the change in attenuation shall be < 0.05dB / km for each individual fiber.

1.3.9.1 Tensile strength: The cable shall withstand a load of value < 9.81 x

2.5 x X Xxxxxx, where ‘W’ is the weigh 1 km of the cable and the strain < 0.25%.

1.3.9.2 Crush load: The cable shall sustain a compressive load of 4 KN/100 x 100 mm.

1.3.9.3 Impact load: shall withstand a impact caused by a mass of weight of 50 N.

1.3.9.4 Torsion load: Shall withstand of load of 100 N for 2 m cable length.

1.3.9.5 Water penetration: Shall meet or exceed the limit as per latest TEC specification.

1.3.9.6 Cable bend: Minimum – bending radius will be 20 D, where ‘D’ is outer diameter of the cable.

1.3.9.7 Others: Where ever there is ambiguity in the above tests, TEC’s latest specification shall be followed.

1.4 Other Requirements:

1.4.1 Typical Cable construction of 12 fiber cable has been specified below. The manufacturer shall refer to Construction for details Typical Drawing of 12 F Cable provided here in. The vendor has to prepare the drawings in the similar manner and should submit for approval.

1.4.1.1 Cable Core Assembly: Primary coated fibers are placed in xxxxx xxxxx, which are around a central strength member. It shall be protected by means of filling compound having properties of non- hygroscope dielectric material and / or swelling tape.

1.4.1.2 Secondary Protection: Loose packing within a tube, which shall be filled with thixotropic jelly, to protect primary coated fibers.

1.4.1.3 Strength Member: Fiber Reinforced Plastic with 2 ± 0.05 mm of diameter which will provide strength and flexible enough, in order to keep the fiber strain within permissible values.

1.4.1.4 Filling Compound: it shall be compatible to fiber, secondary protection, core wrapping etc. (preferably thixotropic jelly). It shall be removable easily for splicing.

1.4.1.5 Filler Tube: As mentioned in the diagram to maintain the circularity of the cable.

1.4.1.6 Aramid Yarn: To be used around the xxxxx xxxxx as per specification for extra protection to the xxxxx xxxxx.

1.4.1.7 Moisture Barrier: Water swellable yarn (dry binder threads impregnated with super-absorbent-polymer (SAP)) shall be applied helically around the glass / aramid yarn with a minimum pitch of 25 mm.

1.4.1.8 Inner Sheath: MDPE of size 1.2 mm to 1.5 mm.

1.4.1.9 Armouring: Armouring shall be provided over inner sheath by corrugated low carbon steel armour tape or corrugated electrolytic chrome coated steel (ECCS) armour tape to make the cable rodent and termite proof. The steel armour shall be coated on both sides with ethylene acrylic copolymer to inhibit corrosion and to bond to the outer jacket. The thickness of ECCS alloy shall not be less than

(0.155 ± 0.005) mm. The thickness of ethylene acrylic copolymer of the tape should be (0.055 ± 0.005) mm. The height of corrugation shall be 0.6 mm and the pitch of the corrugated tape shall be maximum 2.5 mm. The chemical and mechanical properties shall be as per TEC and International standards. The armouring tape shall apply longitudinally with minimum overlap of 6 mm.

1.4.1.10 Outer Jacket: The armour shall be covered with tough weather resistant High Density Polyethylene compound (HDPE) of thickness of minimum 1.5 mm. It shall be circular, free from holes, joints, mended pieces and other defects.

1.4.1.11 Rip Cord: 2 numbers below the MDPE sheath and 2 numbers below the HDPE outer sheath.

1.4.1.12 Electrical continuity of the steel tape layer shall be maintained between the ends of the cable in each drum.

1.4.1.13 Over all cable outer diameter shall no exceed 16 ± 0.5 mm.

1.4.2 Cable Identification : All the cable shall have following information on the outer sheath / jacket:

▪ Type (like 12 Fiber, Armoured / un-armoured and size of cable).

▪ Month & year of manufacture.

▪ User Name.

▪ Length marking at 1m intervals.

▪ Marking: The Cable must be marked as “XXXX (India) Limited” at an interval of 1 Mtr with hot foil indentation.

1.5 Quality Requirements:

1.5.1 Vendor shall submit the details of Quality Assurance Program beginning with raw materials, fabricated components, assemblies, etc to finished

product (As Applicable). Vendor shall obtain and forward the Quality Assurance Program for equipment supplied by Sub-bidder, if any. Vendor shall submit the relevant copies of test procedures for optical cable, optical fiber and accessories.

1.5.2 The owner, consultant and / or third appointed agency reserves the right to inspect and test cable, jointing closures, etc at all stages of production and testing. The inspection and testing shall include but not limited to materials, sub-assemblies, prototypes, produced units, guaranteed performance specifications etc.

1.5.3 For Factory inspection and testing, Vendor shall arrange all that is required e.g. quality assurance personnel, space, test equipments, jigs & gear etc. for successful carrying out of the job by the Owner’s representatives at Vendor’s cost at the Vendor / Manufacturer’s works. Vendor will intimate the date prior for inspection and testing.

1.5.4 Owner’s representatives shall have free entry and access to any and all parts of the vendors facilities associated with manufacturing and testing of optical fiber cable and accessories at any given time.

1.5.5 It shall be explicitly understood that under no circumstances that any approval of the Owner or his representatives relieve the Vendor of his responsibility form material, design, quality assurance and the guaranteed performance of the materials and its constituent.

1.5.6 Vendor shall invite the Owner/ Consultant, at least 10 days in advance, of the date on which system shall be ready for inspection and testing. All relevant documents and manuals, approved engineering drawings, etc shall be provided to the Owners representatives well in advance of the start of inspection and testing.

1.5.7 Owner/ Consultant shall after completion of inspection and testing to their satisfaction, issue factory acceptance certificates to release the cable/ jointing closures for shipment. No cable/ jointing closures shall be shipped under any circumstances unless a factory acceptance certificate has been issued for it, unless agreed otherwise by Owner/ Consultant.

1.5.8 All routine / process environmental tests details are to be supplied to GAIL prior to shipment.

1.5.9 Traceability of the fiber spools used in the optical fiber cable shall be maintained with complete details like fiber spool numbers (given by the manufacturer of fiber), test reports and import details etc, for a minimum period of 1 year.

1.5.10 Other raw materials used are to be from approved sources and by recognized qualified bodies and list are to be submitted. List of raw material sources are given in Annexure –I.

1.6 Environmental Requirement:

1.6.1 The Optical Fiber Cable shall be capable of working in the temperature range of -20°C to 70°C.

1.6.2 It shall be capable of withstanding different climatic and soil (including saline) conditions in India.

1.6.3 Supplier shall submit full details of their quality assurance procedures

/ quality plans/ quality manual, which shall ensure that the cable fully comply with the TEC specifications. Fibers / cables shall be tested accordingly at the time of manufacturing.

1.6.4 The supplier shall furnish type test reports (TEC) and his standard format of routine test reports.

1.7 Packaging and Marking Requirements:

Following details shall be distinctly marked on weatherproof material on outer sides of drum flange:

o User’s name & address.

o The Cable must be marked with “XXXX (India) Limited” at an interval of minimum 1 meter hot foil indentation.

o Drum No. & Cable Identification Number.

o Size and length of cable.

o Gross weight in Kgs.

o Arrow showing the direction the drum can be rolled

o Mark indicating the location of inner end of cable.

o Cable end in the drum to be protected with heat shrinkable sleeves.

o Month, Year and batch number of manufacturing.

o Type of cable.

o Laminated sheet for fiber Attenuation results at 1310 nm, 1550 nm and 1625 nm shall be attached with each drum.

All material is to be packaged so as to provide adequate protection against deterioration and physical damage in order to ensure safe arrival at installation site.

1.8 Handling and Storage Requirements:

The Supplier shall specify the cable handling precautions during:

o Storage

o Transportation

o Laying of cable

o Cable preparation & splicing

The above Handling and storage specifications must comply with the relevant National / international standard.

1.8.1 The vendor shall provide details such as copy of the standard test procedure for optical fiber cable, and fiber, test results of all the items supplied in triplicate etc.

1.8.2 The Supplier shall provide a detailed explanation of post sale support and maintenance.

ANNEXURE -I

Raw Material Sources

S.N.	Item Description	Make
1	Single mode Optical Fiber	Corning/Sterlite/ Fujikura/Alcatel/Furukawa/Lucent /Sumitomo.
2.	UV – Ink	Herkula, Xxxxxx
3.	HDPE	Resham Petrotech, Hind Polymers, Elkay International, Shankala Polymer, Sakum Polymer, XXXX (India) Limited
4.	Polybutylene Terephtalate (PBTP)	DSM Engg., Ester Industries , BASF (Germany)
5.	Nylon -12 (Polyamadie)	Autofina, ESM Chemei, Degussa AG, Itechu (Japan)
6.	FRP Rod	Aksh Optic Fibre,Indore Composite, Xxxxxxxx
7.	Thixotrophic Jelly ( Cable flooding Compound)	ITCO Industries, Xxxxxxx Ploymers, Henkal

8.	Cable filling compound (Secondary)	ITCO Industries, Xxxxxxx Ployerms, Polygel
9.	Fiber glass reinforcement	Xxxxx, Corning
10.	Aramid Yarn	Dupont
11.	Water swellable tape	Geca tape, Swabs India, Ventron Polyester
12	CSTA or ECCS Tape	Polycom Associates, Nagaric Foils, Swabs India
13	Joint Closure	Raychem/3M/Siemens/F&G/Keptel /Alcoa Fujikura

NOTE:

The Optical Fiber Cable manufacturer has to use the above-mentioned make of raw materials only. The manufacturer has to get the approval from GAIL in case of any deviation to the above.

ANNEXURE -II

TEST SCHEDULE FOR OPTICAL FIBRE

Xx.Xx.	TEST PARAMETER	AT/ST	REMARKS
1	OPTICAL TESTS
1.	Attenuation at 1310 nm, 1550 nm & 1625 nm wave length:	AT
2	PMD at 1310 / 1550 nm :	ST
3	Chromatic Dispersion at :
	i) IN 1270-1340 nm band	AT
	ii) In 1285-1330 nm band	AT
	iii) In 1450-1475 nm band	AT
	(iv) In 1525-1575 nm band	AT
	v) 1530-1565 nm band	AT
	vi) At 1550 nm	AT
4.	Spectral Attenuation :
	i) IN 1270-1340 nm band	AT
	ii) In 1285-1330 nm band	AT
	iii) In 1450-1475 nm band	AT
	(iv) In 1525-1575 nm band	AT
	v) In 1383 + 3 upto 1389 nm ofr water peak	AT
	vi) In 1310 & 1550 nm band	AT
5	Geometry Test
	i) Core diameter	AT
	ii) Cladding Diameter	AT
	iii) Cladding non-circularity	AT
	iv) Mode filed concentricity error	AT
	v) Coating Geometry diameter	AT
	vi) Coating cladding concentricity	AT
	vii) Strip ability force to remove primary coating of Fiber	ST
6	Mode field diameter at 1310 & 1550 nm	AT
7	Cable cut off at 1310 & 1550 nm	AT

ANNEXURE-II

Test Schedule of Optical Fiber Cables

SN	TEST PARAMETER	AT / ST	REMARKS
I	Fiber test as per specification of tender	AT	To carry out as per ITU -T G.652
II	Tests on completed cables:
1	Tensile strength Test	ST	As per latest TEC procedure
2	Crush Test	ST	As per latest TEC procedure
3	Impact Test	ST	As per latest TEC procedure
4	Abrasion Test	ST	As per latest TEC procedure
5	Torsion Test	ST	As per latest TEC procedure
6	Kink Test	ST	As per latest TEC procedure
7	Repeated bending Test	ST	As per latest TEC procedure
8	Cable bend Test	ST	As per latest TEC procedure
9	Water penetration Test	ST	As per latest TEC procedure
10	Drip Test	ST	As per latest TEC procedure
11	Drainage Test	ST	As per latest TEC procedure
12	Embrittlement Test of loose tube	ST	As per latest TEC procedure

III	Environmental Test (Temperature test)			As per latest TEC procedure
IV	Physical Tests
	(i)	Cable lay-up and fiber identification	ST
	(ii)	Identification and length marking on outer jacket	ST
	(iii)	Colour contrast of the marking with the outer sheath of the cables	ST
	(iv)	Over all diameter of the cable	ST
	(v)	Thickness of moisture barrier	ST
	(vi)	Extent of overlapping of moisture barrier	ST
	(vii)	Thickness of armouring tape	ST
	(viii)	Height of corrugation of armouring tape	ST
	(ix)	Electrical continuity of armouring	ST
	(x)	Cable outer diameter	ST

Legend: AT: All to be tested

ST: Sample test (5%)

Annexure-IV

HDPE Outer Jacket Corrugated Armouring MDPE Sheath

Water Swellable Yarn

Aramid Yarn FRP Rod Loose Tube Optical Fiber

Filler Tube

Rip Cord

Cross Sectional Diagram of 12 Fibers Optical Cable

Note:

Diagram is not to scale.

2 (Two) colour tubes of Blue (ITU-T G.652) and Orange (ITU-T G.652) and 4 Filler tubes of Black colour.

For detailed refer technical specification.

Definitions

In this document, General Conditions of Contract (GCC-Goods), the following terms shall have the following respective meanings:

1.0 BIDDER : Designates the individual or legal entity which has made a proposal, a tender or a bid with the aim of concluding a Contract with the PURCHASER.

1.1 CONSULTANT [if engaged] shall mean M/s.

……………having its registered office at…………….

The term consultant includes successors, assigns of M/s. ……….

1.2 CONTRACT shall mean Purchase Order/Contract and all attached exhibits and documents referred to therein and all terms and conditions thereof together with any subsequent modifications thereto.

1.3 CONTRACT PRICE shall mean the price payable to the Seller under the Contract for the full and proper performance of his contractual obligations.

1.4 COMPLETION DATE shall mean the date on which the goods are successfully commissioned by the Seller and handed over to the PURCHASER.

1.5 COMMERCIAL OPERATION shall mean the condition of the operation in which the complete equipment covered under the Contract is officially declared by the PURCHASER to be available for continuous operation at different loads up to and including rated capacity.

1.6 DELIVERY terms shall be interpreted as per INCO TERMS 2000 in case of Contract with a foreign Bidder and as the date of LR/GR in the case of a contract with an Indian Bidder.

1.7 DRAWINGS shall mean and include Engineering drawings, sketches showing plans, sections and elevations in relation to the Contract together with modifications and/or revisions thereto.

1.8 ENGINEER or Engineer-in-Charge of the Project SITE shall mean the person designated from time to time by PURCHASER/CONSULTANT at SITE and shall include those who are expressly authorized by him to act for and on his behalf for operation of this CONTRACT.

1.9 FINAL ACCEPTANCE shall mean the PURCHASER’s written acceptance of the Works performed under the Contract after successful completion of performance and guarantee test.

1.10 GOODS shall mean articles, materials, equipment, design and drawings, data and other property to be supplied by Seller to complete the contract.

1.11 INSPECTOR shall mean any person or outside Agency nominated by PURCHASER/CONSULTANT through

CONSULTANT to inspect equipment, stagewise as well as final, before dispatch, at SELLER’s works and on receipt at SITE as per terms of the CONTRACT.

1.12 INITIAL OPERATION shall mean the first integral operation of the complete equipment covered under the Contract with sub-systems and supporting equipment in service or available for service.

1.13 PURCHASER shall mean XXXX (INDIA) LIMITED (GAIL) having its registered office at 00, XXXXXXXX XXXX XXXXX, X.X.XXXXX, XXX XXXXX-000000 (XXXXX). The term PURCHASER includes successors, assigns of GAIL.

1.14 PERFORMANCE AND GUARANTEE TESTS shall mean all operational checks and tests required to determine and demonstrate capacity, efficiency and operating characteristics as specified in the Contract documents.

PROJECT designates the aggregate of the Goods and/or Services to be provided by one or more Contractors.

Quantities – Bills of quantities Bills of quantities

Designate the quantity calculations to be taken into account when these calculations are made from detailed or construction drawings, or from work actually performed, and presented according to a jointly agreed breakdown of the Goods and/or Services.

1.15 SELLER shall mean the person, firm or company with whom PURCHASE ORDER/CONTRACT is placed/ entered into by PURCHASER for supply of equipment, materials and services. The term Seller includes its successors and assigns.

1.16 SERVICE shall mean erection, installation, testing, commissioning, provision of technical assistance, training and other such obligations of the Seller covered under the Contract.

1.17 SITE designates the land and/or any other premises on, under, in or across which the Goods and/or Services have to be supplied, erected, assembled, adjusted, arranged and/or commissioned.

1.18 SPECIFICATIONS shall mean and include schedules, details, description, statement of technical data, performance characteristics, standards (Indian as well as International) as applicable and specified in the Contract.

1.19 SUB-CONTRACT shall mean order placed by the Seller, for any portion of the contracted work, after necessary consent and approval of PURCHASER.

		1.20 SUB-CONTRACTOR shall mean the person named in the CONTRACT for any part of the work or any person to whom any part of the CONTRACT has been sub-let by the SELLER with the consent in writing of the CONSULTANT/PURCHASER and will include the legal representatives, successors, and permitted assigns of such person. 1.21 START-UP shall mean the time period required to bring the equipments covered under the Contract from an inactive condition, when construction is essentially complete to the state of readiness for trial operation. The start-up period shall include preliminary inspection and check out of equipment and supporting subsystems, initial operation of the complete equipments covered under the Contract to obtain necessary pre-trial operation data, perform calibration and corrective action, shutdown inspection and adjustment prior to the trial operation period. 1.22 TESTS shall mean such process or processes to be carried out by the Seller as are prescribed in the Contract or considered necessary by PURCHASER or his representative in order to ascertain quality, workmanship, performance and efficiency of equipment or part thereof. 1.23 TESTS ON COMPLETION shall mean such tests as prescribed in the Contract to be performed by the Seller before the Works are taken over by the PURCHASER.
2.	Seller To Inform	2.1 The Seller shall be deemed to have carefully examined all contract documents to his entire satisfaction. Any lack of information shall not in any way relieve the Seller of his responsibility to fulfill his obligation under the Contract.
3.	Application	3.1 These General Conditions of Contract (GCC-Goods) shall apply to the extent that they are not superseded by provisions of other parts of the Contract.
4.	Country of Origin	4.1 For purposes of this Clause “origin” means the place where the Goods were mined, grown or produced, or from which the services are supplied. Goods are produced when, through manufacturing, processing or substantial and major assembling of components, a commercially recognized new product results that is substantially different in basic characteristics or in purpose or utility from its components.
5.	Scope of Contract	5.1 Scope of the CONTRACT shall be as defined in the PURCHASE ORDER/CONTRACT specifications, drawings and Annexure thereto. 5.2 Completeness of the EQUIPMENT shall be the responsibility of the SELLER. Any equipment, fittings and accessories which may not be specifically

mentioned in the specifications or drawings, but which are usual or necessary for the satisfactory functioning of the equipment (successful operation and functioning of the EQUIPMENT being SELLER’s responsibility) shall be provided by SELLER without any extra cost.

5.3 The SELLER shall follow the best modern practices in the manufacture of high grade EQUIPMENT notwithstanding any omission in the specifications. The true intent and meaning of these documents is that SELLER shall in all respects, design, engineer, manufacture and supply the equipment in a thorough workmanlike manner and supply the same in prescribed time to the entire satisfaction of PURCHASER.

5.4 The SELLER shall furnish twelve (12) copies in English language of Technical documents, final drawings, preservation instructions, operation and maintenance manuals, test certificates, spare parts catalogues for all equipments to the PURCHASER.

5.5 The documents once submitted by the SELLER shall be firm and final and not subject to subsequent changes. The SELLER shall be responsible for any loss to the PURCHASER/CONSULTANT consequent to furnishing of incorrect data/drawings.

5.6 All dimensions and weight should be in metric system.

5.7 All equipment to be supplied and work to be carried out under the CONTRACT shall conform to and comply with the provisions of relevant regulations/Acts(State Government or Central Government) as may be applicable to the type of equipment/work carried out and necessary certificates shall be furnished.

5.8 The Seller shall provide cross sectional drawings, wherever applicable, to identify the spare part numbers and their location. The size of bearings, their make and number shall be furnished.

5.9 Specifications, design and drawings issued to the SELLER alongwith RFQ and CONTRACT are not sold or given but loaned. These remain property of PURCHASER/CONSULTANT or its assigns and are subject to recall by PURCHASER/CONSULTANT. The SELLER and his employees shall not make use of the drawings, specifications and technical information for any purpose at any time except for manufacture against the CONTRACT and shall not disclose the same to any person, firm or corporate body, without written permission of PURCHASER/CONSULTANT. All such details shall be kept confidential.

5.10 SELLER shall pack, protect, xxxx and arrange for despatch of EQUIPMENT as per instructions given in the CONTRACT.

6.	Standards	6.1 The GOODS supplied under the CONTRACT shall conform to the standards mentioned in the Technical Specifications, or such other standards which ensure equal or higher quality, and when no applicable standard is mentioned, to the authoritative standard appropriate to the GOODS’ country of origin and such standards shall be the latest issued by the concerned institution.
7.	Instructions, Direction & Correspondence	7.1 The materials described in the CONTRACT are to be supplied according to the standards, data sheets, tables, specifications and drawings attached thereto and/or enclosed with the CONTRACT, itself and according to all conditions, both general and specific enclosed with the contract, unless any or all of them have been modified or cancelled in writing as a whole or in part. a. All instructions and orders to SELLER shall, excepting what is herein provided, be given by PURCHASER/CONSULTANT. b. All the work shall be carried out under the direction of and to the satisfaction of PURCHASER/CONSULTANT. c. All communications including technical/commercial clarifications and/or comments shall be addressed to CONSULTANT in quintuplicate with a copy to PURCHASER and shall always bear reference to the CONTRACT. d. Invoices for payment against CONTRACT shall be addressed to PURCHASER. e. The CONTRACT number shall be shown on all invoices, communications, packing lists, containers and bills of lading, etc.
8.	Contract Obligations	8.1 If after award of the contract, the Seller does not acknowledge the receipt of award or fails to furnish the performance guarantee within the prescribed time limit, the PURCHASER reserves the right to cancel the contract and apply all remedies available to him under the terms and conditions of this contract. 8.2 Once a contract is confirmed and signed, the terms and conditions contained therein shall take precedence over the Seller’s bid and all previous correspondence.
9.	Modification In Contract	9.1 All modifications leading to changes in the CONTRACT with respect to technical and/or commercial aspects including terms of delivery, shall be considered valid only when accepted in writing by PURCHASER/CONSULTANT by issuing amendment to the CONTRACT. Issuance of acceptance or otherwise in such cases shall not be any ground for extension of agreed delivery date and also shall not affect the performance of contract in any manner except to the extent mutually agreed through a modification of contract. 9.2 PURCHASER/CONSULTANT shall not be bound by any printed conditions or provisions in the SELLER’s Bid Forms or acknowledgment of CONTRACT, invoices, packing list and other documents which purport to

impose any conditions at variance with or supplemental to CONTRACT.

10. Use of Contract Documents & Information

10.1 The Seller shall not, without the PURCHASER’s/ CONSULTANT’s prior written consent, disclose the CONTRACT or any provision thereof, or any specification, plan, drawing, pattern, sample or information furnished by or on behalf of the PURCHASER in connection therewith, to any person other than a person employed by the SELLER in the performance of the CONTRACT. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purpose of such performance.

10.1 The SELLER shall not, without the PURCHASER’s prior written consent, make use of any document or information enumerated in Article 10.1. except for purpose of performing the CONTRACT.

11. Patent Rights, Liability & Compliance of Regulations

11.1 SELLER hereby warrants that the use or sale of the materials delivered hereunder will not infringe claims of any patent covering such material and SELLER agrees to be responsible for and to defend at his sole expense all suits and proceedings against PURCHASER based on any such alleged patent infringement and to pay all costs, expenses and damages which PURCHASER and/or CONSULTANT may have to pay or incur by reason of any such suit or proceedings.

11.2 The SELLER shall indemnify the PURCHASER against all third party claims of infringement of patent, trade mark or industrial design rights arising from use of the GOODS or any part thereof in the PURCHASER’s country.

11.3 SELLER shall also protect and fully indemnify the PURCHASER from any claims from SELLER’S workmen/employees or their heirs, dependants, representatives, etc. or from any other person/persons or bodies/companies etc. for any acts of commissions or omission while executing the CONTRACT.

11.4 SELLER shall be responsible for compliance with all requirements under the laws and shall protect and indemnify completely the PURCHASER from any claims/penalties arising out of any infringements.

12. Performance

Guarantee

12.1 Within 15 days after the SELLER’s receipt of notification of award of the CONTRACT, the SELLER shall furnish Performance Guarantee in the form of Bank Guarantee/irrevocable Letter of Credit to the PURCHASER, in the form provided in the Bidding Documents, for an amount equivalent to 10% of the total value of the CONTRACT.

12.2 The proceeds of Performance Guarantee shall be appropriated by the PURCHASER as compensation for any loss resulting from the SELLER’s failure to complete his obligations under the CONTRACT without

prejudice to any of the rights or remedies the PURCHASER may be entitled to as per terms and conditions of CONTRACT. The proceeds of this Performance Guarantee shall also govern the successful performance of Goods and Services during the entire period of Contractual Warrantee/Guarantee.

12.3 The performance guarantee shall be denominated in the currency of the CONTRACT.

12.4 The Performance Guarantee shall be valid for the duration of 90 days beyond the expiry of Warrantee/Guarantee period. The Bank Guarantee will be discharged by PURCHASER not later than 6 months from the date of expiration of the Seller’s entire obligations, including any warrantee obligations, under the CONTRACT.

13. Inspection,

Testing & Expediting

13.1 The PURCHASER or its representative shall have the right to inspect and/or to test the GOODS to confirm their conformity to the CONTRACT specifications. The special conditions of CONTRACT and/or the Technical Specifications shall specify what inspections and tests the PURCHASER requires and where they are to be conducted. The PURCHASER shall notify the SELLER in writing the identity of any representative(s) retained for these purposes.

13.2 The inspections and tests may be conducted on the premises of the SELLER or his sub-contractor(s), at point of DELIVERY and/or at the GOODS’ final destination, When conducted on the premises of the SELLER or his sub-contractor (s), all reasonable facilities and assistance including access to the drawings and production data shall be furnished to the inspectors at no charge to the PURCHASER.

13.3 Should any inspected or tested GOODS fail to conform to the specifications, the PURCHASER may reject them and the SELLER shall either replace the rejected GOODS or make all alterations necessary to meet Specifications’ requirements, free of cost to the PURCHASER.

13.4 The PURCHASER’s right to inspect, test and where necessary reject the GOODS after the GOODS’ arrival in the PURCHASER’s country shall in no way be limited or waived by reason of the GOODS having previously been inspected, tested and passed by the PURCHASER, or their representative prior to the GOODS shipment from the country of origin.

13.5 The INSPECTOR shall follow the progress of the manufacture of the GOODS under the CONTRACT to ensure that the requirements outlined in the CONTRACT are not being deviated with respect to schedule and quality.

13.6 SELLER shall allow the INSPECTOR to visit, during working hours, the workshops relevant for execution of the CONTRACT during the entire period of CONTRACT validity.

13.7 In order to enable PURCHASER’s representatives to obtain entry visas in time, SELLER shall notify PURCHASER two months before assembly, testing and packing of main EQUIPMENT. If requested, SELLER shall assist PURCHASER’s representatives in getting visas in the shortest possible time (applicable only in case of foreign order).

13.8 SELLER shall place at the disposal of the INSPECTOR, free of charge, all tools, instruments, and other apparatus necessary for the inspection and/or testing of the GOODS. The INSPECTOR is entitled to prohibit the use and dispatch of GOODS and/or materials which have failed to comply with the characteristics required for the GOODS during tests and inspections.

13.9 SELLER shall advise in writing of any delay in the inspection program at the earliest, describing in detail the reasons for delay and the proposed corrective action.

13.10 ALL TESTS and trials in general, including those to be carried out for materials not manufactured by SELLER shall be witnessed by the INSPECTOR. Therefore, SELLER shall confirm to PURCHASER by fax or e-mail about the exact date of inspection with at least 30 days notice. SELLER shall specify the GOODS and quantities ready for testing and indicate whether a preliminary or final test is to be carried out.

13.11 If on receipt of this notice, PURCHASER should waive the right to witness the test, timely information will be given accordingly.

13.12 Any and all expenses incurred in connection with tests, preparation of reports and analysis made by qualified laboratories, necessary technical documents, testing documents and drawings shall be at SELLER’s cost. The technical documents shall include the reference and numbers of the standards used in the construction and, wherever deemed practical by the INSPECTOR, copy of such standards.

13.13 Nothing in Article-13 shall in any way release the SELLER from any warrantee or other obligations under this CONTRACT.

13.14 Arrangements for all inspections required by Indian Statutory Authorities and as specified in technical specifications shall be made by SELLER.

13.15 Inspection & Rejection of Materials by consignees When materials are rejected by the consignee, the supplier shall be intimated with the details of such

rejected materials, as well as the reasons for their rejection, also giving location where such materials are lying at the risk and cost of the contractor/supplier. The supplier will be called upon either to remove the materials or to give instructions as to their disposal within 14 days and in the case of dangerous, infected and perishable materials within 48 hours, failing which the consignee will either return the materials to the contractor freight to pay or otherwise dispose them off at the contractor’s risk and cost. The PURCHASER shall also be entitled to recover handling and storage charges for the period, during which the rejected materials are not removed @ 5% of the value of materials for each month or part of a month till the rejected materials are finally disposed off.

14. Time Schedule & Progress Reporting

14.1 Time Schedule Network/Bar Chart

14.1.1 Together with the Contract confirmation, SELLER shall submit to PURCHASER, his time schedule regarding the documentation, manufacture, testing, supply, erection and commissioning of the GOODS.

14.1.2 The time schedule will be in the form of a network or a bar chart clearly indicating all main or key events regarding documentation, supply of raw materials, manufacturing, testing, delivery, erection and commissioning.

14.1.3 The original issue and subsequent revisions of SELLER’s time schedule shall be sent to PURCHASER.

14.1.4 The time schedule network/bar chart shall be updated at least every second month.

14.2 Progress Trend Chart/Monthly Report

14.2.1 SELLER shall report monthly to PURCHASER, on the progress of the execution of CONTRACT and achievement of targets set out in time bar chart.

14.2.2 The progress will be expressed in percentages as shown in the progress trend chart attached to the Time Schedule specification.

14.2.3 The first issue of the Progress Trend Chart will be forwarded together with the time bar chart alongwith CONTRACT confirmation.

14.3.1 PURCHASER’s/CONSULTANT’s representatives shall have the right to inspect SELLER’s premises with a view to evaluating the actual progress of work on the basis of SELLER’s time schedule documentation.

14.3.2 Irrespective of such inspection, SELLER shall advise CONSULTANT, with copy to PURCHASER, at the earliest possible date of any anticipated delay in the progress.

		14.4 Notwithstanding the above, in case progress on the execution of contract at various stages is not as per phased time schedule and is not satisfactory in the opinion of the PURCHASER/CONSULTANT which shall be conclusive or SELLER shall neglect to execute the CONTRACT with due diligence and expedition or shall contravene the provisions of the CONTRACT, PURCHASER/CONSULTANT may give notice of the same in writing to the SELLER calling upon him to make good the failure, neglect or contravention complained of. Should SELLER fail to comply with such notice within the period considered reasonable by PURCHASER/CONSULTANT, the PURCHASER/ CONSULTANT shall have the option and be at liberty to take the CONTRACT wholly or in part out of the SELLER’s hand and make alternative arrangements to obtain the requirements and completion of CONTRACT at the SELLER’s risk and cost and recover from the SELLER, all extra cost incurred by the PURCHASER on this account. In such event PURCHASER/ CONSULTANT shall not be responsible for any loss that the SELLER may incur and SELLER shall not be entitled to any gain. PURCHASER/CONSULTANT shall, in addition, have the right to encash Performance Guarantee in full or part.
15.	Delivery & Documents	15.1 Delivery of the GOODS shall be made by the SELLER in accordance with terms specified in the CONTRACT, and the goods shall remain at the risk of the SELLER until delivery has been completed.
		15.2 Delivery shall be deemed to have been made :
		a) In the case of FOB, CFR & CIF Contracts, when the Goods have been put on board the ship, at the specified port of loading and a clean Bill of Lading is obtained. The date of Bill of Lading shall be considered as the delivery date.
		b) In case of FOT despatch point contract (For Indian bidder), on evidence that the goods have been loaded on the carrier and a negotiable copy of the GOODS receipt obtained. The date of LR/GR shall be considered as the date of delivery.
		c) In case of FOT site (for Indian bidders) on receipt of goods by PURCHASER/Consultant at the designated site(s).
		15.3 The delivery terms are binding and essential and consequently, no delay is allowed without the written approval of PURCHASER/CONSULTANT. Any request concerning delay will be void unless accepted by PURCHASER/CONSULTANT through a modification to the CONTRACT.
		15.4 Delivery time shall include time for submission of drawings for approval, incorporation of comments, if any, and final approval of drawings by PURCHASER/

CONSULTANT.

15.5 In the event of delay in delivery, Price Reduction Schedule as stipulated in Article – 26 shall apply.

15.6 The documentation, in English Language, shall be delivered in due time, in proper form and in the required number of copies as specified in the contract.

15.7 The additional copies of final drawings and instructions will be included in the package of goods, properly enveloped and protected.

15.8 The SELLER should comply with the Packing, Marking and Shipping Documentation Specifications enclosed.

16. Transit Risk

Insurance

16.1 All goods supplied under the contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery.

16.2 Where delivery is on FOB or CFR basis, marine insurance shall be the responsibility of the Purchaser. Insurance Requirements :

Indigenous Bidders : Transit risk insurance from

F.O.T. despatch point onwards shall be arranged and borne by GAIL.

Foreign Bidders : Marine insurance as well as

transit insurance in Purchaser’s country shall be arranged and borne by GAIL.

			The SELLER shall ensure that in effecting despatch of materials, the primary responsibility of the carriers for safe movement is always retained so that the PURCHASER’s interests are fully safeguarded and are in no way jeopardised. The Seller shall furnish the cost of materials against each equipment.
		16.2	PURCHASER’s Insurance Agent :
			[The name and address-as mentioned under SCC]
17.	Transportation	17.1	Where the SELLER is required under the CONTRACT to deliver the GOODS FOB, transport of the GOODS until delivery, that is, upto and including the point of putting the GOODS on board the export conveyance at the specified port of loading, shall be arranged and paid for by the SELLER and the cost thereof shall be included in the Contract price.
		17.2	Where the SELLER is required under the CONTRACT to deliver the GOODS CFR or CIF, transport of the Goods to the port of discharge or such other point in the country of destination as shall be specified in the CONTRACT shall be arranged and paid for by the

SELLER and the cost thereof shall be included in the Contract price.

18. Incidental

Services

18.1 The Seller may be required to provide any or all of the following services:

18.1.1 Performance or supervision of onsite assembly and/or start-up of the supplied Goods:

18.1.2 Furnishing tools required for assembly and/or maintenance of the supplied Goods:

18.1.3 Performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Seller of any warrantee/guarantee obligations under the Contract.

18.1.4 Training of the Purchaser’s personnel at the Seller’s plant and/or at Site, in assembly, start-up operation, maintenance and/or repair of the supplied Goods at no extra cost. However, Purchaser will bear boarding, lodging & personal expenses of Trainees.

18.2 Prices charged by the Seller for the preceding incidental services, shall not exceed the prevailing rates charged to other parties by the Seller for similar services.

18.3 When required, Seller shall depute necessary personnel for supervision and/or erection of the Equipment at site for duration to be specified by Purchaser on mutually agreed terms. Seller’s personnel shall be available at Site within seven days for emergency action and twenty- one days for medium and long-term assistance, from the date of notice given by Purchaser.

18.4 The cost of incidental services shall not be included in the quoted prices. The cost of applicable incidental services should be shown separately in the price schedules.

19. Spare Parts,

Maintenance Tools, Lubricants

19.1 Seller may be required to provide any or all of the following materials and notification pertaining to spare parts manufactured or distributed by the Seller.

19.1.1 Such spare parts as the Purchaser may opt to purchase from the Seller, provided that his option shall not relieve the Seller of any warrantee obligations under the Contract, and

19.1.2 In the event of termination of production of the spare parts:

i) Advance notification to the Purchaser of the pending termination, in sufficient time to permit the Purchaser to procure needed requirements, and

ii) Following such termination, furnishing at no cost to the Purchaser, the blue prints, drawings and specifications of the spare parts, if any when requested.

19.2 Seller shall supply item wise list with value of each item of spare parts and maintenance tools requirements,

along with full details of manufacturers/vendors for such spares/maintenance tools for :

19.2.1 The construction, execution and commissioning.

19.2.2 Two years operation and maintenance.

19.3 Spare parts shall be new and of first class quality as per engineering standards/ codes, free of any defects (even concealed), deficiency in design, materials and workmanship and also shall be completely interchangeable with the corresponding parts.

19.4 Type and sizes of bearings shall be clearly indicated.

19.5 Spare parts shall be packed for long storage under tropical climatic conditions in suitable cases, clearly marked as to intended purpose.

19.6 A list of special tools and gauges required for normal maintenance and special handling and lifting appliances, if any, for the Goods shall be submitted to Purchaser.

19.7 Bidders should note that if they do not comply with Clause 19.2 above, their quotation may be rejected.

19.8 Lubricants

19.8.1 Whenever lubricants are required, Seller shall indicate the quantity of lubricants required for the first filling, the frequency of changing, the quantity of lubricants required for the one year’s continuous operation and the types of recommended lubricants indicating the commercial name (trade-mark), quality and grade.

19.8.2 If Seller is unable to recommend specific oil, basic recommended characteristics of the lubricants shall be given.

19.8.3 Seller shall indicate various equivalent lubricants available in India.

20. Guarantee 20.1 All Goods or Materials shall be supplied strictly in

accordance with the specifications, drawings, data sheets, other attachments and conditions stated in the Contract.

No deviation from such specifications or alterations or of these conditions shall be made without PURCHASER’S

/CONSULTANT’S agreement in writing which must be obtained before any work against the order is commenced. All materials supplied by the SELLER pursuant to the Contract (irrespective of whether engineering, design data or other information has been furnished, reviewed or approved by PURCHASER/CONSULTANT) are guaranteed to be of the best quality of their respective kinds (unless otherwise specifically authorised in writing by PURCHASER/CONSULTANT) and shall be free from faulty design, workmanship and materials, and to be of sufficient size and capacity and of proper materials so as to fulfil in all respects all operating conditions, if any, specified in the Contract.

If any trouble or defect, originating with the design, material, workmanship or operating characteristics of any materials, arises at any time prior to twelve(12) months from the date of the first commercial operation of the Plant for which the materials supplied under the Contract form a part thereof, or twenty four (24) months from the date of last shipment whichever period shall first expire, and the SELLER is notified thereof, SELLER shall, at his own expense and as promptly as possible, make such alterations, repairs and replacements as may necessary to permit the materials to function in accordance with the specifications and to fulfil the foregoing guarantees.

PURCHASER/CONSULTANT may, at his option, remove such defective materials, at SELLER’S expense in which event SELLER shall, without cost to PURCHASER/CONSULTANT and as promptly as possible, furnish and install proper materials. Repaired or replaced materials shall be similarly guaranteed by the SELLER for a period of no less than twelve (12) months from the date of replacement/repair.

In the event that the materials supplied do not meet the specifications and/or not in accordance with the drawings data sheets or the terms of the Contract and rectification is required at site, PURCHASER/ CONSULTANT shall notify the SELLER giving full details of differences. The SELLER shall attend the site within seven (7) days of receipt of such notice to meet and agree with representatives of PURCHASER/ CONSULTANT, the action required to correct the deficiency. Should the SELLER fail to attend meeting at Site within the time specified above, PURCHASER/ CONSULTANT shall immediately rectify the work/ materials and SELLER shall reimburse PURCHASER all costs and expenses incurred in connection with such trouble or defect.

20.2 PERFORMANCE GUARANTEE OF EQUIPMENT

20.2.1 SELLER shall guarantee that the performance of the EQUIPMENT supplied under the CONTRACT shall be strictly in conformity with the specifications and shall perform the duties specified under the CONTRACT.

20.2.2 If the SELLER fails to prove the guaranteed performance of the EQUIPMENT set forth in the specification, the SELLER shall investigate the causes and carry out necessary rectifications/modifications to achieve the guaranteed performance. In case the SELLER fails to do so within a reasonable period, the SELLER shall replace the EQUIPMENT and prove guaranteed performance of the new equipment without any extra cost to PURCHASER.

20.2.3 If the SELLER fails to prove the guarantee within a reasonable period, PURCHASER/CONSULTANT shall

have the option to take over the EQUIPMENT and rectify, if possible, the EQUIPMENT to fulfil the guarantees and/or to make necessary additions to make up the deficiency at Seller’s risk and cost. All expenditure incurred by the PURCHASER/ CONSULTANT in this regard shall be to SELLER’s account.

21. Terms of Payment 21.1 The method of payment to be made to the SELLER

under this CONTRACT shall be specified in the Special Conditions of Contract.

21.2 The type(s) of payment to be made to the SELLER under this CONTRACT shall be specified in the Special Conditions of Contract.

21.3 The SELLER’s request(s) for payment shall be made to the PURCHASER in writing accompanied by an invoice describing, as appropriate, the Goods delivered and services performed, and by shipping documents submitted, and upon fulfillment of other obligations stipulated in the Contract.

21.5 Payment will be made in the currency or currencies in which the Contract Price has been stated in the SELLER’s bid, as well as in other currencies in which the SELLER had indicated in his bid that he intends to incur expenditure in the performance of the Contract and wishes to be paid. If the requirements are stated as a percentage of the bid price along with exchange rates used in such calculations these exchange rates shall be maintained.

General Notes:

i) All foreign currency payments to foreign bidder shall be released through an irrevocable Letter of Credit, which shall be opened through Government of India Nationalised Bank and hence shall not be confirmed. In case any bidder insists on confirmation, charges towards confirmation shall be borne by him. L/C shall be established within 30 days after receipt of unconditional acceptance of Letter/Fax of Intent together with Performance Guarantee for 10% of total order/Contract value.

ii) For dispatches on FOT dispatch point (in India) basis, the payment shall be through PURCHASER’s bank. Payment through Bank, wherever applicable, shall be released as per normal banking procedures.

iii) Payment shall be released within 30 days after receipt of relevant documents complete in all respects.

iv) All bank charges incurred in connection with payments shall be to Seller’s account in case of

Indian bidders and to respective accounts in case of Foreign bidder.

v) Unless otherwise specifically stated in bid document, all payments shall be made in the currency quoted.

vi) No interest charges for delay in payments, if any, shall be payable by PURCHASER.

vii) In case of Indian bidder, variation, if any, on account of customs duty on their built-in- import content, as per terms of bid document, shall be claimed separately by bidder after receipt of goods at site (s). However, any price benefits to the PURCHASER, on account of such variation as per terms specified in the bid document, shall be passed on to the PURCHASER along with invoicing itself.

viii) Agency commission, if any, to Indian agent for Foreign bidders, indicated in prices, shall be paid to the agent in equivalent Indian Rupees on receipt and acceptance of material at site.

22. Prices 22.1 Prices charged by the SELLER for Goods delivered and services performed under the CONTRACT shall not, with the exception of any price adjustments authorized by the Contract vary from the prices quoted by the SELLER in his bid.

23. Subletting &

Assignment

23.1 The contractor shall not without previous consent in writing of the PURCHASER authority, sublet, transfer or assign the contract or any part thereof or interest therein or benefit or advantage thereof in any manner whatsoever. Provided, nevertheless, that any such consent shall not relieve the contractor from any obligation, duty or responsibility under the contract.

24. Time As Essence of Contract

24.1 The time and date of delivery/completion of the GOODS/SERVICES as stipulated in the Contract shall be deemed to be the essence of the Contract.

25. Delays In

The Seller’s Performance

25.1 If the specified delivery schedule is not adhered to or the progress of manufacture or supply of the items is not satisfactory or is not in accordance with the progress schedule the PURCHASER has the right to:

i) hire for period of delay from elsewhere goods which in PURCHASER’s opinion will meet the same purpose as the goods which are delayed and SELLER shall be liable without limitation for the hire charges; or

ii) cancel the CONTRACT in whole or in part without liability for cancellation charges. In that event, PURCHASER may procure from elsewhere goods which PURCHASER’s opinion would meet the same purpose as the goods for which CONTRACT

is cancelled and SELLER shall be liable without limitations for the difference between the cost of such substitution and the price set forth in the CONTRACT for the goods involved; or

iii) hire the substitute goods vide (I) above and if the ordered goods continue to remain undelivered thereafter, cancel the order in part or in full vide (ii) above.

25.1 Any unexcusable delay by the SELLER or his sub- contractor shall render the SELLER liable, without prejudice to any other terms of the Contract, to any or all of the following sanctions: forfeiture of Contract performance guarantee, imposition of price reduction for delay in delivery and termination of the contract for default.

26. Price Reduction Schedule For Delayed Delivery

26.1 Subject to Article -29, if the SELLER fails to deliver any or all of the GOODS or performance the services within the time period (s) specified in the CONTRACT, the PURCHASER shall, without prejudice to his other remedies under the CONTRACT, deduct from the CONTRACT PRICE, a sum calculated on the basis of the CONTRACT PRICE, including subsequent modifications.

26.1.1 Deductions shall apply as per following formula:

In case of delay in delivery of equipment/materials or delay in completion, total contract price shall be reduced by ½ % (half percent) of the total contract price per complete week of delay or part thereof subject to a maximum of 5% (five percent) of the total contract price.

26.2 In case of delay in delivery on the part of Seller, the invoice/document value shall be reduced proportionately for the delay and payment shall be released accordingly.

26.3 In the event the invoice value is not reduced proportionately for the delay, the PURCHASER may deduct the amount so payable by SELLER, from any amount falling due to the SELLER or by recovery against the Performance Guarantee.

Both seller and PURCHASER agree that the above percentages of price reduction are genuine pre estimates of the loss/damage which the PURCHASER would have suffered on account of delay/breach on the part of the SELLER and the said amount will be payable on demand without there being any proof of the actual loss/or damage caused by such breach/delay. A decision of the PURCHASER in the matter of applicability of price reduction shall be final and binding.

27. Rejections, Removal of Rejected Equipment & Replacement

27.1 Preliminary inspection at SELLER’s works by INSPECTOR shall not prejudice PURCHASER’s/ CONSULTANT’s claim for rejection of the EQUIPMENT on final inspection at SITE or claims under warranty provisions.

27.2 If the EQUIPMENTS are not of specification or fail to perform specified duties or are otherwise not satisfactory the PURCHASER/CONSULTANT shall be entitled to reject the EQUIPMENT/MATERIAL or part thereof and ask free replacement within reasonable time failing which obtain his requirements from elsewhere at SELLER’s cost and risk.

27.3 Nothing in this clause shall be deemed to deprive the PURCHASER AND/OR AFFECT ANY rights under the Contract which it may otherwise have in respect of such defects or deficiencies or in any way relieve the SELLER of his obligations under the Contract.

27.4 EQUIPMENT rejected by the PURCHASER/ CONSULTANT shall be removed by the Seller at his cost within 14 days of notice after repaying the amounts received against the SUPPLY. The PURCHASER shall in no way be responsible for any deterioration or damage to the EQUIPMENT under any circumstances whatsoever.

27.5 In case of rejection of EQUIPMENT, PURCHASER shall have the right to recover the amounts, if any, from any of CONTRACTOR’S invoices pending with PURCHASER or by alternative method(s).

28.

Termination of Contract

28.1 Termination for Default

28.1.1 The PURCHASER may, without prejudice to any other remedy for breach of CONTRACT, by written notice of default sent to the SELLER, terminate the CONTRACT in whole or in part:

A) If the SELLER fails to deliver any or all of the GOODS within the time period(s) specified in the CONTRACT; or

B) If the SELLER fails to perform any other obligation(s) under the CONTRACT, and

C) If the SELLER, in either of the above circumstances, does not cure his failure within a period of 30 days (or such longer period as the PURCHASER may authorize in writing) after receipt of the default notice from the PURCHASER.

28.1.2 In the event the PURCHASER terminates the CONTRACT in whole or in part, pursuant to Article 28.1.1, the PURCHASER may procure, upon such terms and in such manner as it deems appropriate, goods similar to those undelivered and the SELLER shall be liable to the PURCHASER for any excess costs for such similar GOODS. However, the SELLER shall continue performance of the CONTRACT to the extent

not terminated.

28.1.3 In case of termination of CONTRACT herein set forth (under clause 28) except under conditions of Force Majeure and termination after expiry of contract, the VENDOR shall be put under holiday [i.e. neither any enquiry will be issued to the party by XXXX (India) Ltd. Against any type of tender nor their offer will be considered by GAIL against any ongoing tender (s) where contract between GAIL and that particular VENDOR (as a bidder) has not been finalized] for three years from the date of termination by XXXX (India) Ltd. to such VENDOR.

28.2 Termination for Insolvency

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

28.3 Termination for Convenience

28.3.1 The PURCHASER may, by written notice sent to the SELLER, terminate the CONTRACT, in whole or part, at any time for his convenience. The notice of termination shall specify that termination is for the PURCHASER’s convenience, the extent to which performance of work under the CONTRACT is terminated and the date upon which such termination becomes effective.

28.3.2 The GOODS that are complete and ready for shipment within 30 days after the SELLER’s receipt of notice of termination shall be purchased by the PURCHASER at the CONTRACT terms and prices. For the remaining GOODS, the PURCHASER may opt:

a) to have any portion completed and delivered at the CONTRACT terms and prices, and /or

b) to cancel the remainder and pay to the SELLER an agreed amount for partially completed GOODS and for materials and parts previously procured by the SELLER.

29.

Force Majeure

29.1 Shall mean and be limited to the following:

a) War/hostilities

b) Riot or Civil commotion

c) Earthquake, flood, tempest, lightening or other natural physical disaster.

d) Restrictions imposed by the Government or other Statutory bodies which prevents or delays the execution of the Contract by the SELLER.

The SELLER shall advise PURCHASER/ CONSULTANT by a registered letter duly certified by the local Chamber of Commerce or statutory authorities,

the beginning and end of the above causes of delay

within seven (7) days of the occurrence and cessation of such Force Majeure Conditions. In the event of delay lasting over one month, if arising out of causes of Force Majeure, PURCHASER/CONSULTANT reserves the right to cancel the Contract and the provisions governing termination stated under Article 28.0 shall apply.

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

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

30. Resolution of Disputes/ Arbitration

30.1 The PURCHASER and the SELLER shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the contract.

30.2 If, after thirty days from the commencement of such informal negotiations, the PURCHASER and the SELLER have been unable to resolve amicably a Contract dispute, either party may require that the dispute be referred for resolution to the formal mechanism as specified hereunder.

30.3 Legal Construction

The Contract shall be, in all respects be construed and operated as an Indian Contract and in accordance with Indian Laws as in force for the time being and is subject to and referred to the Court of Law situated within Union Territory of New Delhi.

30.4 Arbitration

All disputes, controversies, or claims between the parties (except in matters where the decision of the Engineer-in-Charge is deemed to be final and binding) which cannot be mutually resolved within a reasonable time shall be referred to Arbitration by a sole arbitrator. The PURCHASER (XXXX (India) Limited) shall suggest a panel of three independent and distinguished persons to the Seller to select any one among them to act as the sole Arbitrator.

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

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

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

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

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

31.

Governing Language

31.1 The Contract shall be written in English language as specified by the PURCHASER/CONSULTANT in the Instruction to Bidders. All literature, correspondence and other documents pertaining to the Contract which are exchanged by the parties shall be written in English language. Printed literature in other language shall only be considered, if it is accompanied by an English translation. For the purposes of interpretation, English translation shall govern and be binding on all parties.

32.

Notices

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

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

33.	Taxes & Duties	33.1 A foreign Seller shall be entirely responsible for all taxes, stamp duties, licence fees, and other such levies imposed outside the PURCHASER’s country. 33.2 A domestic Seller shall be entirely responsible for all taxes, duties, licence fees etc. incurred until the delivery of the contracted goods to the PURCHASER. However, Sales Tax and Excise duty on finished products shall be reimbursed by PURCHASER. 33.3 Customs duty payable in India for imported goods ordered by PURCHASER on foreign Seller shall be borne and paid by PURCHASER. 33.4 Any income tax payable in respect of supervisory services rendered by foreign Seller under the Contract shall be as per the Indian Income Tax Act and shall be borne by SELLER. It is upto the bidder/seller to ascertain the amount of these taxes and to include them in his bid price.
34.	Books & Records	34.1 SELLER shall maintain adequate books and records in connection with Contract and shall make them available for inspection and audit by PURCHASER/ CONSULTANT or their authorized agents or representatives during the terms of Contract until expiry of the performance guarantee. Fixed price (lumpsum or unit price) Contract will not be subject to audit as to cost except for cost reimbursable items, such as escalation and termination claims, transportation and comparable requirements.
35.	Permits & Certificates	35.1 SELLER shall procure, at his expense, all necessary permits, certificates and licences required by virtue of all applicable laws, regulations, ordinances and other rules in effect at the place where any of the work is to be performed, and SELLER further agrees to hold PURCHASER and/or CONSULTANT harmless from liability or penalty which might be imposed by reason of any asserted or established violation of such laws, regulations, ordinances or other rules. PURCHASER will provide necessary permits for SELLER’s personnel to undertake any work in India in connection with Contract.
36.	General	36.1 In the event that terms and conditions stipulated in the General Conditions of Contract should deviate from terms and conditions stipulated in the Contract, the latter shall prevail. 36.2 Losses due to non-compliance of Instructions

Losses or damages occurring to the PURCHASER owing to the SELLER’s failure to adhere to any of the instructions given by the PURCHASER/CONSULTANT in connection with the contract execution shall be recoverable from the SELLER.

36.3 Recovery of sums due

All costs, damages or expenses which the PURCHASER/CONSULTANT may have paid, for which under the CONTRACT SELLER is liable, may be recovered by the PURCHASER(he is hereby irrevocably authorized to do so) from any money due to or becoming due to the SELLER under this Contract or other Contracts and/or may be recovered by action at law or otherwise. If the same due to the SELLER be not sufficient to recover the recoverable amount, the SELLER shall pay to the PURCHASER, on demand, the balance amount.

36.4 Payments, etc. not to affect rights of the PURCHASER No sum paid on account by the PURCHASER nor any extension of the date for completion granted by the PURCHASER/CONSULTANT shall affect or prejudice the rights of the PURCHASER against the SELLER or relieve the SELLER of his obligation for the due fulfillment of the CONTRACT.

36.4 Cut-off Dates

No claims or correspondence on this Contract shall be entertained by the PURCHASER/Consultant after 90 days after expiry of the performance guarantee (from the date of final extension, if any).

36.6 Paragraph heading

The paragraph heading in these conditions shall not

37.

Import License

affect the construction thereof.

37.1 No import license is required for the imports covered under this document.

38.

Fall Clause

38.1 The price charged for the materials supplied under the order by the supplier shall in no event exceed the lowest price at which the supplier or his agent/principal/dealer, as the case may be, sells the materials of identical description to any Persons/Organizations including the Purchaser or any Department of the Central Govt. or any Department of a State Govt. or any Statutory Undertaking of the Central or State Govt. as the case may be, during the currency of the order.

38.2 If at any time during the said period, the supplier or his agent/principal/dealer, as the case may be, reduces the sale price, sells or offers to sell such materials to any persons/organizations including the Purchaser or any Deptt. Of Central Govt. or State Govt. as the case may be, at a price lower than the price chargeable under the order, he shall forthwith notify such reduction or sale or offer of sale to the Purchase Authority who has issued this order and the price payable under the order for the materials supplied after the date of coming into force of

such reduction or sale or offer of sale shall stand

correspondingly reduced.

The above stipulation will, however, not apply to:

a) Exports by the Contractor/Supplier or

b) Sale of goods as original equipment at prices lower than the prices charged for normal replacement

c) Sale of goods such as drugs which have expiry dates.

38.3 The supplier shall furnish the following certificate to the concerned Paying Authority along with each bill for payment for supplies made against this order:-

“I/We certify that there has been no reduction in sale price of the items/goods/materials of description identical to those supplied to the GAIL under the order herein and such items/goods/materials have not been offered/sold by me/us to any person/organizations including the Purchaser or any Deptt. of Central Govt. or any Deptt. of State Govt. or any Statutory Undertaking of the Central or State Govt. as the case may be upto the date of bill/during the currency of the order whichever is later, at a price lower than the price charged to the GAIL under the order”.

Such a certificate shall be obtained, except for quantity of items/goods/materials categories under sub-clause (a), (b) & (c) of sub-para 38.2 above, of which details shall be furnished by the supplier.

39. Publicity &

Advertising

39.1 Seller shall not without the written permission of PURCHASER/CONSULTANT make a reference to PURCHASER/CONSULTANT or any Company affiliated with PURCHASER/CONSULTANT or to the destination or the description of goods or services supplied under the contract in any publication, publicity or advertising media.

40. Repeat Order 40.1 PURCHASER reserves the right, within 6 months of

order to place repeat order upto 50% of the total order value without any change in unit price or other terms and conditions.

41. Limitation of Liability

41.1 Notwithstanding anything contrary contained herein, the aggregate total liability of Seller under the Agreement or otherwise shall be limited to 100% of Agreement / Order price. However, neither party shall be liable to the other party for any indirect and consequential damages, loss of profits or loss of production.

Document Metadata

Table of Contents

REQUEST FOR QUOTATION

Document Metadata