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    GAIL (INDIA) LIMITEDGAIL PATA, DT AURAIYA(U.P)

    BIDDING DOCUMENT No.

    GAIL/PATA/C&P/SKD/20001324/06

    BID DOCUMENT FOR

    PROCUREMENT OF

    1000 KVA DIESEL ENGINE

    GENERATOR SET

    FOR

    SUB STATION # 1 at GAIL PATA

    DATE OF PRE-BID MEETING : 29th May, 2006 (15.00hrs)

    DUE DATE OF OFFER SUBMISSION : 9th

    June, 2006 (15.00hrs)

    DUE DATE OF UNPRICED BID OPENING (PART-1) : 9th June, 2006 (15.30hrs)

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    INVITATION FOR BIDS(IFB)

    TENDER NO. GAIL/PATA/C&P/20001324/SKD/06 Page 2 of 147

    INDEX

    Section Description Page no.

    Section I Invitation for Bids (IFB) 03 07

    Section II Instruction to Bidders (ITB) 08 23

    Annexure 1 to ITB Brief scope of supply and

    BEC

    24 25

    Attachments to ITB Forms and Formats 26-45

    Section III General Condition of

    Contract (Goods) (GCC)

    46 - 68

    Section IV Special Conditions of

    Contract (SCC)

    69 - 73

    Section V Price Schedule 74-79

    Section VI Material Requisitions and

    technical specification

    80-144 ( Including 10 pages

    of drawing)

    Section VII Packing, Marking and

    Shipping Instructions

    145-147

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    INVITATION FOR BIDS(IFB)

    TENDER NO. GAIL/PATA/C&P/20001324/SKD/06 Page 3 of 147

    SECTION - I

    INVITATION FOR BIDS (IFB)

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    INVITATION FOR BIDS(IFB)

    TENDER NO. GAIL/PATA/C&P/20001324/SKD/06 Page 4 of 147

    GAIL (India) Limited(A Govt. of India Undertaking)

    GAIL PATAPO PATA

    DT AURAIYA(U.P) 206241

    Ref: GAIL/PATA/C&P/SKD/20001324/06 Date: 18.05.2006

    To,

    M/s...................................................

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

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

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

    1.0 GAIL (India) Limited invites sealed bids from eligible bidders for supply of 1000

    KVA DEG (Diesel Engine Generator) SET as per detailed specifications indicated in

    MR of this Tender Document. under single stage three bidsystem ( Clause No 10

    of instruction to bidders refers).

    The salient terms & conditions of the bid are stated below:

    I. DELIVERY PERIOD : 8 (Eight) Months from the date of Fax of Intent

    (FOI)/Letter of Intent(LOI)

    II. EARNEST MONEY : Rs. 1.90 Lakh (One lakh ninety thousand only)

    (refer ITB Clause No 17)

    III. DATE OF PRE-BID

    CONFERENCE : 29th

    May, 2006 at 15:00 Hrs

    V. LAST DATE & TIME FOR : 9th

    June , 2006 at 15.00 hrs.

    RECEIPT OF TENDER

    VI. TECHNICAL BID OPENING

    DUE DATE & TIME : 9th

    June, 2006 at 15.30 hrs.

    VII. VENUE OF PRE-BID : ADM BUILDING

    & BID SUBMISSION GAIL(INDIA)LIMITEDGAIL PATA

    PO PATA , DT AURAIYA (U.P)Phones: 05683 282356, Ext.- 30154

    [email protected]

    IX Bid Evaluation Criteria : As per clause 3.0 of Annexure 1 to ITB (Brief scope

    of supply and Bid evaluation criteria)(Page No 25

    refers)

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    INVITATION FOR BIDS(IFB)

    TENDER NO. GAIL/PATA/C&P/20001324/SKD/06 Page 5 of 147

    2.0 Any bidder who meets the Bid Evaluation Criteria (BEC) as mentioned above and wishes toquote against this tender may down load the bidding documents from GAILS Website

    (www.gailonline.com) and submit the bid complete in all respect as per terms & conditions of

    the contract on or before the due date along with an under taking that the contents of the

    bidding documents have not been altered or modified.

    3.0 Bid Document is non-transferable.

    4.0 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.

    5.0 The Bid Document calls for offers on single point Sole Bidder responsibility basis.

    Order will be placed on the Sole Bidder alone (in whose name the bid document has

    been issued) who will be responsible for all contractual purposes.

    6.0 Further the bidders are advised to ensure that their offer is on single bidder

    responsibility basis and in total compliance of scope of supply as specified in Bid

    Document.

    7.0 The bid should be prepared by the Sole Bidder and should be sent to GAIL directly.

    GAIL reserves the right to reject offers made by intermediaries/ representatives.

    8.0 Bidder shall ensure that Bid Security having a validity of 2 months beyond the offer

    validity i.e. validity of 6months from the bid due date, must accompany the offer in

    the format made available in the Bid Document. Any offer, unaccompanied with Bid

    Security (Part-C) will not be opened.

    9.0 This Invitation for Bids (IFB) is an integral and inseparable part of the enclosed Bid

    Document.

    10.0 GAIL reserves the right to accept or reject any or all offers without assigning any

    reason, whatsoever.

    11.0 REJECTION CRITERIA:

    Please note that this is a zero deviation tender. Bidders are advised to strictly confirmcompliance to tender conditions and not to stipulate any deviation / conditions in their offer.Further, please also note that any bid with deviation / stipulations / modification to thefollowing terms and conditions of the tender document shall be considered non-responsiveand shall be summarily rejected:

    a) Firm Priceb) Scope of Work / Specificationsb) Price Schedule / Schedule of Ratesd) Delivery / Completion Schedulee) Period of validity of bidf) Price Reduction Scheduleg) Security deposit / Performance Bank Guarantee.h) Guaranteei) Arbitration / Resolution of Disputes j) Force Majeure

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    INVITATION FOR BIDS(IFB)

    TENDER NO. GAIL/PATA/C&P/20001324/SKD/06 Page 6 of 147

    k) Applicable Lawsl) Payment Termsm) Any other conditions / clauses mentioned tender documents

    Subsequent to bid submission, GAIL may not seek any confirmations /clarifications/documents and any bid(s) not in line with tender conditions shall be liable forrejection. Therefore, Bidders are also requested to submit the documents / confirmations

    strictly as per tender conditions.

    12.0 GAIL reserves the right to allow Purchase preference to Public Sector Undertakingsas admissible under the prevailing policy.

    13.0 Copy of Bidding Document for reference is available at GAIL (India) Limited, Pata,

    PO- Pata, Distt- Auraiya (U.P) Pin: 206241

    14.0 In case the bidder(to whom the enquiry is sent by courier) do not submit the bid,he/she is requested to give us the reason for not submitting the offer in the format of

    Acknowledgement cum consent letter provided in the Forms & Format section

    of the tender document.

    THIS IS NOT AN ORDER

    Yours faithfully,

    for and on behalf of GAIL ( India) Limited

    (S K Dixit)

    Manager (E)

    C&P Dept.

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    INVITATION FOR BIDS(IFB)

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    CHECK LIST FOR SUBMI SSION OF BID

    Bidder is requested to fill this check list and ensure that all detail / documents have beenfurnished as called for in the Bidding Document along with duly filled in, signed & stamped

    checklist with each copy of the Un-priced bid (Part-I).

    Please tick the box and ensure compliance :

    1.0 EM D of requisite amount is submitted in the form of DD/BG from any scheduledbank as mentioned in LIT, in separate sealed envelop marked Earnest MoneyDeposit.

    Submitted in The form of DD/BG EMD Value : Rs._____________

    BG No. ___________ Dated __________ Valid upto ___________________DD No. ___________ Dated __________ Drawn on ___________________

    2.0 Validity of Bank Guarantee towards Earnest Money Deposit enclosed with youroffer (if submitted in the form of BG) is 6 (six) months from the date of submissionof bid.

    Yes3.0 Validity of offer is up to four (04) months from the final due date of opening of

    Techno-commercial bid.Yes

    4.0 Power of Attorney in favour of person who has signed the offer in stamp paper ofappropriate value.Submitted

    5.0 No Deviation Confirmation in the proforma enclosed

    Submitted

    6.0 Original bidding document along with blank (un-priced) copy of price bid(Schedule of Rates) and addendum, if any as a confirmation that the Price quoted is

    strictly as per SOR.Submitted

    7.0 An undertaking as per clause no.2 of invitation for bids (IFB) (for the biddersquoting by down loading the tender from the Website)Submitted

    8.0 All pages / docum ents are stamped and signed by the authorized signatory of thebidder:

    Yes

    9.0 Attested copy of proof regarding manufacturer/authorized dealer of Diesel EngineSubmitted

    10.0 Attested copy of PO along with proof of execution as per BECSubmitted

    SIGNATURE OF BIDDER : _____________________________

    NAME OF BIDDER :_____________________________COMPANY SEAL :______________________________

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    INSTRUCTIONS TO BIDDERS

    TENDER NO. GAIL/PATA/C&P/20001324/SKD/06 Page 8 of 147

    SECTION II.

    INSTRUCTIONS TO BIDDERS

    Table of Clauses

    A. IntroductionB. Bidding DocumentsC. Preparation of BidsD. Submission of BidsE. Bid Opening and EvaluationF. Award of Contract

    G. Notes on taxes and Duties.

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    INSTRUCTIONS TO BIDDERS

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    INSTRUCTIONS TO BIDDERS

    A. INTRODUCTION

    1. Scope of Bid 1.1 The Purchaser as defined in the General Conditions of Contract-

    Goods, hereinafter the Purchaser wishes to receive bids for thesupply of goods as described in Section-IV, Special Conditions of

    Contract. The brief scope of supply is as under:

    A. BRIEF PROJECT DETAILS

    GAIL intends to purchase DEG set for emergency

    electrical power supply to critical loads of IOP area in

    case of normal power failure. The DEG set shall be

    installed at Substation #1 of GAIL Pata.

    B Brief Scope of bid :

    Supply erection and commissioning of 1000 KVA Diesel

    Engine generator set along with all auxiliary units and

    PMCC.

    1.2 The successful bidder will be expected to complete the Scope of

    supply within the period stated in Special Conditions of Contract.

    1.3 Throughout these bidding documents, the terms bid and tender

    and their derivatives (bidder/tenderer, bid/tendered, bidding/

    tendering, etc.) are synonymous, and day means calendar day.

    Singular also means plural.

    2. Eligible Bidders 2.1 Bidders shall, as part of their bid, submit a written power of

    attorney authorizing the signatory of the bid to bind the bidder.

    2.2 This Invitation for Bids is open to any bidder qualifying our bidevaluation criteria.

    2.3 Bidders should not be associated or have been associated in the past,directly or indirectly, with a firm or any of its affiliates which have

    been engaged by the Purchaser to provide consulting services for the

    preparation of the design, specifications and other documents to be

    used for the procurement of the goods to be purchased under thisInvitation for Bids.

    2.4 The bid should be from actual manufacturers. The bids from soleselling agents / authorized distributors/ authorized dealers/ authorized

    supply houses can also be considered, provided such bids areaccompanied with back-up authority letter from the concerned

    manufacturers who authorize them to market their product, providedfurther such an authority letter is valid at the time of bidding. Offers

    without back-up authority from manufacturer will not be considered.

    Required warranty cover of the manufacturers for the product will beprovided by such supplier.

    2.5 The bidder shall not be under a declaration of ineligibility byPurchaser for corrupt or fraudulent practices as defined in ITB.

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    INSTRUCTIONS TO BIDDERS

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    2.6 While evaluating the bids, pursuant to Bid Evaluation Criteria,bidders past performance shall also be assessed for ascertaining theresponsiveness of the bid. In such a case, the decision of Purchaser

    shall be final and binding on the bidder.

    2.7 The bidder is not put on holiday by GAIL or black listed by any

    Government Department/ Public Sector.

    3. One Bid Per Bidder 3.1 A bidder who submits or participates in more than one bid will cause

    all the proposals in which the bidder has participated to be

    disqualified.

    4. Bid Evaluation Criteria 4.1 The Bid Evaluation Criteria (BEC) is as per Annexure-I to ITB.

    5. Cost of Bidding 5.1 The bidder shall bear all costs associated with the preparation and

    submission of the bid, and PURCHASER (GAIL), will in no case, be

    responsible or liable for these costs, regardless of the conduct oroutcome of the bidding process.

    B. BIDDING DOCUMENTS

    6. Content of Bidding Documents 6.1 The bidding documents are those stated below and should be read inconjunction with any addenda issued in accordance with ITB Clause

    Section-I : Invitation for bids (IFB)

    Section-II : Instructions to Bidders (ITB)

    Attachment : Forms & FormatsSection-III : General Conditions of Contract (GCC-Goods)

    Section-IV : Special Conditions of Contract (SCC)Attachment : Attachment to SCC

    Section-V : Price ScheduleSection-VI :Material Requisitions and technical

    specification & drawingsSection VII : Packing, Marking and Shipping Instructions

    6.2 The Bidder is expected to examine all instructions, forms, terms and

    specifications in the bidding documents. The Invitation for Bids(IFB) together with all its attachments thereto, shall be considered to

    be read, understood and accepted by the bidders. Failure to furnish

    all information required by the bidding documents or to submit a bidnot substantially responsive to the bidding documents in every

    respect will be at the Bidders risk and may result in the rejection of

    its bid.

    7. Clarification of Bidding

    Documents

    7.1 A prospective bidder requiring any clarification of the Bidding

    Documents may notify GAIL in writing or by fax or e-mail atGAILs mailing address indicated in the Invitation for Bids. GAIL

    will respond in writing to any request for clarification of the Bidding

    documents which it receives not later than 10 days prior to the

    deadline for the submission of bids prescribed by GAIL. Writtencopies of GAILs response (including an explanation of the query but

    without identifying the source of the query) will be sent to all

    prospective bidders who have received the bidding documents. AnyClarification or information required by the bidder but same not

    received by the Purchaser, ten days prior to the bid due date, the

    same is liable to be considered as no clarification/information

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    INSTRUCTIONS TO BIDDERS

    TENDER NO. GAIL/PATA/C&P/20001324/SKD/06 Page 11 of 147

    required.

    [Preferably all questions/queries should be referred to GAIL on or

    before scheduled date of pre-bid conference. The questions/queries

    received by GAIL prior to pre-bid conference will be addressed in

    the pre-bid conference & no separate communication will be sent

    to bidders.]

    8. Amendment of Bidding

    Documents

    8.1 At any time prior to the bid due date, the PURCHASER may, for anyreason, whether at its own initiative or in response to a clarification

    requested by a prospective bidder, modify the bidding documents, by

    issuing addenda.

    8.2 Any addendum thus issued shall be part of the Bidding Documents pursuant to ITB Clause-6.1 and shall be notified in writing by

    fax/post to all prospective bidders who have received the bidding

    documents. Prospective bidders shall promptly acknowledge receiptof each addendum by fax/post to the Purchaser.

    8.3 The PURCHASER may, at its discretion, extend the bid due date inorder to allow prospective bidders, a reasonable time to furnish their

    most competitive bid taking into account the amendments issued.

    C. PREPARATION OF BIDS

    9 Language of Bid 9.1 The bid prepared by the bidder as well as allcorrespondence/drawings and documents relating to the bid

    exchanged by bidder and the PURCHASER shall be written in

    English language, provided that any printed literature furnished bythe bidder may be written in another language so long as

    accompanied by an ENGLISH translation, in which case, for the

    purpose of interpretation of the bid, the ENGLISH translation shall

    govern.

    9.2 In the event of submission of any document/certificate by the Bidderin a language other than English, the English translation of the same

    duly authenticated by Chamber of Commerce of Bidders countryshall be submitted by the Bidder. Metric measurement system shall

    be applied.

    10 Documents Comprising The

    Bids

    10.1 The bid prepared by the bidder shall comprise the following

    components:

    10.1.1 UNPRICED BID ( Part I )

    a) Price Schedule (with price figures blanked) completed in

    accordance with ITB Clauses 11, 12, 13.b) Documentary evidence establishing that Bidder is eligible to bid

    and meets qualification criteria in accordance with ITB Clause

    14.

    c) Documentary evidence establishing Goods eligibility andconformity to Bidding Documents in accordance with ITBClause 15.

    d) Copy of Bid Security in accordance with ITB Clause 17.e) Any other information/details required as per bidding document

    including addendum /corrigendum to this bidding document, if

    issued.

    f) Under taking that content of tender document are not modified,

    in case tender is downloaded for website. If same is notsubmitted, offer shall not be considered for further evaluation.

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    INSTRUCTIONS TO BIDDERS

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    10.1.2 PRICED BID ( Part II )Bid Form and Price schedule duly filled in and No conditions

    /documents whatsoever.

    10.1.3 Original Bid Security (Part-III)

    11. Bid Form & Price Schedule 11.1 The bidders shall complete the Bid Form and appropriate Price

    schedule furnished in the Section V of Bidding Document, indicatingthe required information for all the goods to be supplied, a briefdescription of the goods, their country of origin and quantity.

    12. Bid Prices 12.1 Bidders shall indicate the following separately (as per PriceSchedule)

    A) Ex-works Price including packing and forwarding charges (such

    price to include all costs as well as duties and taxes paid orpayable on components and raw materials incorporated or to be

    incorporated in the goods).

    B) Excise Duty & Sales Tax (rates) which will be payable on the

    finished goods, if this contract is awarded.

    C) The statutory variation in Excise Duty & Sales Tax on

    finished goods within the contractual delivery period shall beto GAILs account. However, any increase in the rate of these

    taxes and duties beyond the contractual completion period shall

    be to bidder's account and any decrease shall be passed on to

    GAIL.

    12.2 Fixed Price : Prices quoted by the bidder shall be firm and fixed

    during the bidders performance of the contract and not subject to

    variation on any account. A bid submitted with an adjustable pricequotation will be treated as non responsive and rejected.

    12.3 The delivery terms shall be interpreted as per INCOTERMS 2000.

    13 Bid Currencies 13.1 Bidders may submit bid in Indian currency only.

    13.4 Currency once quoted will not be allowed to be changed..

    14 Documents Establishing

    Bidders Eligibility and

    Qualification

    14.1 Bid Evaluation Criteria

    14.1.1 Pursuant to evaluation Criteria specified in Invitation for Bids (IFB)

    the bidder shall furnish all necessary supporting documentaryevidence to establish the bidders claim of meeting Bid evaluation

    criteria.

    14.2 Bidders Eligibility Criteria

    14.2.1 The bidder shall furnish, as part of his bid, documents establishing thebidders eligibility to bid and its qualification to perform the contract

    if its bid is accepted.

    15 Documents Establishing Goods

    Eligibility and Conformity to

    Bidding Documents

    15.1 Pursuant to ITB Clause 10, the bidder shall furnish, as part of the bid,documents establishing the eligibility and conformity to the Bidding

    Documents of all goods and services which the bidder proposes to

    supply under the Contract.

    15.2 The documentary evidence of the goods and services conformity to

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    INSTRUCTIONS TO BIDDERS

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    the Bidding Documents may be in the form of literature, drawings ordata, and shall furnish:

    a) detailed description of the essential technical and performance

    characteristics of the goods;

    b) a clause-by-clause commentary on the PURCHASERS

    Technical specifications demonstrating the goods and services

    substantial responsiveness to the specifications.

    15.3 For purpose of the commentary to be furnished under Clause-15.2

    above, the bidder shall note that standards for workmanship, materialand equipment, and reference to brand names or catalogue numbers,

    designated by the PURCHASER in its Technical Specifications are

    intended to be descriptive only and not restrictive.

    16 Period of Validity of Bids 16.1 The bid shall remain valid for acceptance for four (4) months from

    the bid due date. PURCHASER shall reject a bid valid for a shorterperiod being non-responsive.

    16.2 In exceptional circumstances, prior to expiry of the original bidvalidity period, the PURCHASER may request that the bidder extend

    the period of bid validity for a specified additional period. Therequests and the responses thereto shall be made in writing (by fax /post/ e-mail). A bidder may refuse the request without forfeiture of

    his bid security. A bidder agreeing to the request will not be required

    or permitted to modify his bid, but will be required to extend the

    validity of its bid security for the period of the extension and in

    accordance with ITB Clause 17.0 in all respects.

    17 Bid Security 17.1 Pursuant to ITB Clause-10, the bidder shall furnish, as part of his bid,bid security in the amount specified in the Invitation for Bids.

    17.2 The bid security is required to protect the PURCHASER against therisk of bidders conduct which would warrant the securitys

    forfeiture, pursuant to ITB Clause-17.7

    The Earnest Money Deposit (EMD) shall be submitted in the form of crossed

    Bank Demand Draft drawn on any Nationalized/Scheduled bank in favour of

    GAIL (India) Limited, payable at State Bank of India, Pata (Branch Code

    1937), Auraiya (U.P.). Alternatively, Earnest Money deposit may also be

    submitted through Bank Guarantee, in the format provided, from any IndianScheduled Bank or a branch of an International Bank situated in India and

    registered with Reserve Bank of India as scheduled foreign bank in the

    proforma attached with the Tender Document. However, other than the Nationalized Indian Banks, the banks whose BGs are furnished must be

    commercial banks having net worth in excess of Rs. 100 crores and a

    declaration to this effect should be made by such commercial bank either in

    the bank guarantee itself or separately on a letter head.

    The Bid Security shall be valid for two (02) months beyond the

    validity of the Bid as specified in Clause 16.0 of ITB.

    17.4 Any bid not secured in accordance with ITB Clause 17.1 may be

    rejected by the PURCHASER as non-responsive.

    17.5 Unsuccessful bidders bid security will be discharged/returned ,as

    promptly as possible but not later than 30 days after the expiration ofthe period of bid validity prescribed by the PURCHASER, pursuant

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    INSTRUCTIONS TO BIDDERS

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    to ITB Clause-16.17.6 The successful bidders bid security will be discharged upon the

    bidders accepting the Order, pursuant to ITB Clause-42 andfurnishing the Contract Performance Guarantee pursuant to ITB

    Clause-43.

    17.7 The bid security may be forfeited:

    a) If a bidder withdraws his bid during the period of bid validity.

    b) in the case of a successful bidder, if the bidder fails:i) to accept the Purchase Order in accordance withITB Clause-39 or

    ii) to furnish Performance Guarantee in accordancewith ITB Clause-40

    iii) to accept correction of errors pursuant to ITBClause-31.0

    c) If the Bidder changes the proposed manufacturer aftersubmission of his bid.

    17.8 Bid Security should be in favour of GAIL (India) Limited andaddressed to GAIL. Bid Security must indicate the Bid Document

    number and the item for which the bidder is quoting. This is

    essential to have proper co-relation at a later date. The Bid Security

    in the form of Bank Guarantee or Letter of Credit shall be in the formprovided in the Bidding Document.

    17.9 Central Public Sector Undertakings and firms registered with NSICare exempted from furnishing bid security provided they are

    registered for the quoted items up to the monetary limit they intend

    to quote and subject to their enclosing with their bid a copy of the

    latest and current Registration Certificate.

    18 Pre-Bid meeting 18.1 The bidder(s) or his designated representative, who have purchasedbid document, are invited to attend a pre-bid meeting which will take

    place at GAIL (India) Limited, GAIL Pata, PO - Pata Dt. Auraiya

    (U.P).

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

    18.3 The bidder is requested, as far as possible, to submit any questions bycourier or by fax to reach GAILs office not later than one week

    before the meeting. It may not be practicable at the meeting to

    answer questions received late, but questions and responses will be

    transmitted in accordance with the following sub-clause.

    18.4 The text of the questions raised and the responses given, togetherwith any responses prepared after the meeting, will be transmittedwithout delay (without identifying the sources of the question) to all

    purchasers of the bidding documents. Any modification of the

    bidding documents listed in clause 6 of ITB that may becomenecessary as a result of the pre-bid meeting shall be made by the

    Purchaser exclusively through the issue of an Addendum pursuant to

    ITB Clause-8 and not through the minutes of the pre-bid meeting.

    18.5 Non-attendance of the pre-bid meeting will not be a cause fordisqualification of a bidder.

    19 Format And Signing of Bid 19.1 The bid shall be typed or written in indelible ink (in the case of

    copies, photocopies are also acceptable) and shall be signed by theperson or persons duly authorized to sign on behalf of the bidder.

    The name and position held by each person signing, must be typed or

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    INSTRUCTIONS TO BIDDERS

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    printed below the signature. All pages of the bid, except anycatalogues/ literatures shall be signed and sealed by the person or

    persons signing the bid.19.3 The bid shall contain no alterations, omissions or additions, unless

    such corrections are initialed by the person or persons signing the

    bid.

    20 Zero Deviation 20.1 Bidders to note that this is a zero deviation tender. GAIL willappreciate submission of offer based on the terms and conditions inthe enclosed General Conditions of Contract (GCC-Goods), Special

    Conditions of Contract (SCC), Instructions to Bidders (ITB), Scope

    of supply, technical specifications etc. to avoid wastage of time and

    money in seeking clarifications on technical/ commercial aspects of

    the offer. Bidder may note that no technical and commercialclarifications will be sought for after the receipt of the bids. Bids

    with any deviation to the bid conditions shall be liable for rejection.

    21 E-Payment 21.1 GAIL (India) Limited has initiated payments to suppliers andcontractors electronically and to facilitate the payments

    electronically, the bidder should have an account with HDFC Bank

    or ICICI Bank or State Bank of India so that the payment through e-

    banking be made to the bidder, in case order is placed on him.Further, the bidder should give their account number and other

    details in any one of the above banks to facilitate payment through e-

    banking as per the details in format attached with the tender .(Format

    F-11 & F-12 attached in the section Forms & Formats)

    D. SUBMISSION OF BIDS

    22 Sealing And Marking of Bids 22.1 Bid shall be submitted in the following manner in separate sealedenvelopes duly super scribed as below:

    Part I - Techno-commercial/ un priced BidPart II - Priced Bid

    Part III Original Bid Security

    22.2 Techno Commercial Un-priced Bid : (Part I) Original Bid of Techno-commercial Un-priced Bid shall be sealed in one separate envelope

    super scribing Techno-Commercial Un-Priced Bid for 1000 KVA

    DEG SET Procurement and tender No GAIL/PATA/ C&P/20001324/SKD/06

    22.3 Price Bid : (Part II) Original Price Bid shall be sealed in separate

    envelopes super scribing Price Bid for 1000 KVA DEG SET

    Procurement and tender No GAIL/PATA/C&P/ 20001324/SKD/06

    22.4 Bid Security : (Part-III) Original copy shall be sealed in separateenvelopes clearly super scribing Bid Security for 1000 KVA DEG

    SET Procurement and tender No GAIL/PATA/C&P/20001324/SKD/06. These envelopes shall be further sealed asdetailed hereunder.

    22.5 All three envelopes containing Techno-Commercial un-priced Bids,

    Price Bids and Bid security shall further be sealed in one outerenvelope super scribing Bid for 1000 KVA DEG SET Procurement

    and tender No GAIL/PATA/C&P/20001324/SKD/06,Bidding Document Number and shall be addressed to General

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    Manager(C&P) at address mentioned below.

    22.6 Bids must be submitted at the following Address :ADM Building

    GAIL (India) Limited

    GAIL Pata

    PO Pata.

    Dist Auraiya (U.P) 206241Phone 05683 282356 extn 30154

    22.7 Each envelop shall indicate name and address of the bidder to enable

    the bid to be returned unopened, if required.

    22.8 If the outer envelope is not sealed and marked as above, the

    PURCHASER will assume no responsibility for the misplacement or

    premature opening of the bid. Also Bidder shall ensure that theenvelopes used are strong enough to with stand the weight and

    enroute handling by Postal department/ Courier Services.

    23 Deadline for Submission of Bid 23.1 Bids must be received by the Purchaser at the address specified in

    Clause 22.6 above not later than the date and time specified in theIFB.

    23.2 The PURCHASER may, at its discretion, on giving reasonable noticeby fax or any written communication to all prospective bidders who

    have been issued the bid documents, extend the deadline for the

    submission of bids in which case all rights and obligations of the

    PURCHASER and the bidders, previously subject to the bid due

    date, shall thereafter be subject to the deadline as extended.

    24 Late Bids 24.1 Any bid received by the PURCHASER after the deadline forsubmission of bid prescribed under IFB shall be rejected and

    returned unopened to the bidder.

    25 Modification And Withdrawal

    of Bids

    25.1 The bidder may modify or withdraw his bid after the bidssubmission, but before the due date of submission provided that the

    written notice of the modification, including substitution orwithdrawal of the bid is received by the PURCHASER prior to thedeadline prescribed for submission of bids.

    25.2 The bidders modification or withdrawal notice shall be prepared,

    sealed, marked and delivered in accordance with the provisions of

    ITB Clause-23, with the outer envelopes additionally markedmodification or withdrawal as appropriate. A withdrawal notice

    may also be sent by fax/post, but followed by a signed confirmation

    copy post marked not later than the deadline for submission of bids.

    25.3 No bid shall be modified after the deadline for submission of bids.

    25.4 No bid shall be allowed to be withdrawn in the interval between thedeadline for submission of bids and the expiration of the period of

    bid validity specified by the bidder on the Bid Form. Withdrawal of

    a bid during this interval shall result in the bidders forfeiture of hisbid security.

    E. OPENING AND EVALUATION OF BIDS26 Bid Opening 26.1 UNPRICED TECHNO-COMMERCIAL BID OPENING:

    26.1.1 The Purchaser will open bids (Part-I & III) including withdrawals

    and modifications made pursuant to Clause 25.0 of ITB, in the

    presence of bidders designated representatives who choose to attend,

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    at date, time as stipulated in IFB. The bidders representatives whoare present shall sign bid-opening register evidencing their

    attendance.26.1.2 Envelopes marked withdrawal shall be opened first and the name

    of the bidder shall be read out. Bids for which an acceptable notice of

    withdrawal has been submitted pursuant to Clause25.0 of ITB shall

    not be opened. Subsequently, all envelopes marked Modifications

    shall be opened and submissions therein read out in appropriatedetails. Thereafter all other bids received by due date and time will

    be

    26.1.3 The bidders names, bid modifications and withdrawals, the presence(or absence) and amount of bid security and any other such details as

    the Purchaser may consider appropriate will be announced by the

    Purchaser.

    27 Process to be Confidential 27.1 Information relating to the examination, clarifications, evaluation and

    comparison of bids and recommendations for the order, shall not be

    disclosed to bidders or any other person officially concerned withsuch process. Any effort by a bidder to influence the Purchaser in

    any manner in respect of bid evaluation or award will result in the

    rejection of that bid.

    28 Contacting the Purchaser 28.1 From the time of the bid opening to the time of the release of order,

    if any bidder wishes to contact the Purchaser for any matter relatingto the bid it should do so in writing.

    28.2 Any effort by a bidder to influence the Purchaser in any manner in

    respect of bid evaluation or award will result in the rejection of that

    bid.

    29 Preliminary Examination of

    Bids

    29.1 Techno-Commercial Bid Evaluation

    29.1.1 The PURCHASER will examine the bids to determine whether they

    are complete, whether any computational errors have been made,

    whether required securities have been furnished, whether thedocuments have been properly signed and whether the bids are

    generally in order.

    29.1.2 Prior to the detailed evaluation, the PURCHASER will determine

    whether each bid is of acceptable quality, is generally complete andis responsive to the Bidding Documents. For purposes of thisdetermination, a responsive bid is one which conforms to all the

    terms, conditions and specification of the bidding document, without

    deviations, objections, conditionality or reservations.

    29.1.3 No deviation, whatsoever, is permitted in the Bidding Documentsand the price bids of those bidders whose technical and commercial

    bids contain any exception to the conditions and stipulations of the

    Bidding Documents shall not be opened and returned un-opened tosuch bidder(s).

    29.1.4 The Purchasers determination of a bids responsiveness is to bebased on the contents of the bid itself without recourse to extrinsicevidence. If a bid is non responsive, it will be rejected by the

    Purchaser and may not subsequently be made responsive by the

    bidder by correction of the nonconformity.

    29.1.5 The Purchaser will carry out a detailed evaluation of the bidspreviously determined to be responsive in order to determine whether

    the technical aspects are in accordance with the requirements setforth in the Bidding Documents. In order to reach such a

    determination, the Purchaser will examine and compare the technical

    aspects of the bids on the basis of the information supplied by thebidders, taking into account he following factors :

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    (a) Overall completeness and compliance with the TechnicalSpecifications; quality function and operation of any

    process control concept included in the bid. The bid thatdoes not meet minimum acceptable standard of

    completeness, consistency and detail will be

    rejected as non-responsive.

    (b) Any other relevant factor, if any that the Purchaser deems

    necessary or prudent to be taken into consideration.

    29.2 Requisite forms contain all necessary information including those

    required for meeting qualifying criteria stipulated in the BiddingDocument.

    30 Price-Bid Opening 30.1 The Purchaser shall inform the time, date and venue for price bid

    opening to all such bidders who qualify pursuant to techno-commercial bid evaluation. Bidders may be required to attend price

    bid opening at a short notice of 24 hours.

    30.2 The PURCHASER will open price bids of all bidders notified to

    attend price bid opening, in the presence of authorized bidders

    representatives. The bidders representatives, who are present shallsign bid-opening register evidencing their attendance.

    30.3 The bidders names, bid prices, and such other details as thePURCHASER, at its discretion, may consider appropriate will be

    announced at the opening.

    31 Arithmetic Corrections 31.1 The bids will be checked for any arithmetical errors as follows :

    31.1.1 In case of any discrepancy between prices in words and prices in

    figures, the prices in words shall be valid and binding. In case of anyerror in total indicated by the Bidder, the unit price alone shall be

    considered valid and binding on the Bidder.

    31.1.2 If the bidder does not accept the correction of errors, its bid will berejected and the bid security will be forfeited.

    32 Evaluation And Comparison of

    Bids

    32.1 The PURCHASER will evaluate and compare the bids previously

    determined to be substantially responsive, pursuant to ITB Clause 29.32.2 Bid Evaluation and Comparison Criteria :

    The evaluation of bids shall be made on overall basis i.e.

    considering the total prices offered under schedule of

    rates and the benefit of cenvat credit mentioned by the

    bidders in the schedule of rates. The award shall be made

    on overall L1 basis.32.3 Bids not conforming to Bid Qualification criteria and technical

    specifications/requirements shall be rejected.

    33 Purchase Preference 33.1 Purchase preference to Central government public sectorUndertaking shall be allowed as per Government instructions in

    vogue

    F. AWARD OF CONTRACT

    34 Post Qualification 34.1 In the absence of prequalification, the PURCHASER will determine

    to its satisfaction whether the bidder selected as having submitted the

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    lowest evaluated, responsive bid is qualified to satisfactorily performthe contract.

    34.2 The determination will take into account the bidders technical andproduction capabilities. It will be based upon an examination of the

    documentary evidence of the bidders qualifications submitted by the

    Bidder, pursuant to ITB Clause-10, as well as such other information

    as the PURCHASER deems necessary and appropriate.

    34.3 An affirmative determination will be a prerequisite for award of thecontract to the bidder. A negative determination will result in

    rejection of the bidders bid.

    35 Award Criteria 35.1 Subject to ITB Clause 30, the Purchaser will award the contract to

    the successful Bidder whose bid has been determined to be

    substantially responsive and has been determined to be the lowestevaluated bid, provided further that the Bidder is determined to be

    qualified to perform the contract satisfactorily.

    36 PURCHASERs Right to Vary

    Quantities at Time of Award

    36.1 PURCHASER reserves the right at the time of award of ORDER toincrease or decrease by up to 15 % the quantity of GOODS specified

    in the Material Requisition, without any change in unit price or other

    terms and conditions. Variation beyond this limit will be subject to

    mutual agreement between the PURCHASER and the Seller.

    37 PURCHASERs Right To

    Accept Any Bid And To reject

    Any or All Bids

    37.1 PURCHASER reserves the right to accept or reject any bid, and toannul the bidding process and reject all bids, at any time prior to

    award of contract, without thereby incurring any liability to the

    affected bidder or bidders or any obligations to inform the affectedbidder or bidders of the ground for the PURCHASERS ACTION.

    38 Notification of Award / Fax of

    Intent

    38.1 Prior to the expiration of period of bid validity the PURCHASER

    will notify the successful bidder in writing by fax or e-mail to be

    confirmed in writing, that his bid has been accepted. The notificationof award / Fax of Intent will constitute the formation of the Contract.

    38.2 Delivery shall be counted from the date of notification of award / Fax

    of Intent.38.3 Upon the successful bidders furnishing of contract performance

    bank guarantee, pursuant to ITB Clause-43, the PURCHASER will

    promptly notify each unsuccessful bidder and will discharge his bid

    security, pursuant to ITB Clause-17.

    39 Acceptance of Purchase Order 39.1 PURCHASER will issue the Purchase Order to the successful bidder,who, within 15 days of receipt of the same, shall sign all pages and

    return the acceptance copy to the PURCHASER.

    40 Performance Guarantee 40.1 Within 15 days of the receipt of the notification of award / Fax of

    Intent from the PURCHASER, the successful bidder shall furnish the

    performance guarantee in accordance with Clause 12 of GeneralConditions of Contract (GCC-Goods) in the form provided in the

    bidding documents. The bank guarantee/Letter of Credit towards performance guarantee shall be in the currency of the Contract.

    40.2 The performance guarantee shall be for an amount equal to 10% of

    the value of the contract towards faithful performance of thecontractual obligations and performance of equipment. This Bank

    Guarantee/Letter of Credit shall be from any Indian scheduled bank

    or a branch of an International bank situated in India and registeredwith Reserve bank of India as scheduled foreign bank. However, in

    case of bank guarantees/ Letter of Credits from banks other than the Nationalized Indian banks, the bank must be a commercial bank

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    having net worth in excess of Rs 100 crores and a declaration to thiseffect should be made by such commercial bank either in the Bank

    Guarantee itself or separately on its letterhead. This bankguarantee/Letter of Credit shall be valid for a period as stated in

    Clause-12 of General Conditions of Contract (GCC-Goods).

    40.3 Failure of the successful bidder to comply with the requirements ofthis clause shall constitute sufficient grounds for the annulment of

    the award and forfeiture of the bid security.

    40.4 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 Sellers entire obligations,

    including any warrantee obligations, under the CONTRACT.

    41 Income Tax Liability 41.1 The bidder will have to bear all income tax liability, both Corporateas well as for his personnel.

    42 Corrupt or Fraudulent

    Practices

    42.1 The Purchaser requires that Bidders/Suppliers observe the highest

    standard of ethics during the procurement and execution of the order.

    In pursuance of this policy, the Purchaser :

    a) defines, for the purposes of this provision, the terms set forth

    below as follows :

    i) corrupt practice means the offering, giving,

    receiving or soliciting of any thing of value toinfluence the action of a public official in the

    procurement process or in contract execution; and

    ii) fraudulent practice means a misrepresentation of

    facts in order to influence a procurement process or

    the execution of a contract to the detriment of thePurchaser, and includes collusive practice among

    Bidders (prior to or after bid submission) designed

    to establish bid prices at artificial non-competitivelevels and to deprive the Purchaser of the benefits

    of free and open competition;

    b) will reject a proposal for award if it determines that the

    Bidder recommended for award has engaged in corrupt orfraudulent practices in competing for the contract in question;

    c) will declare a firm ineligible, either indefinitely or for astated period of time, if at any time the Purchaser determines

    that the firm has engaged in corrupt or fraudulent practices

    in competing for or in executing a contract.

    43. Warranty/ Guarantee The products under this tender documents shall be guaranteed for 18months from the date of dispatch or 12 months from the date of

    commissioning, whichever is earlier. The guarantee shall be

    applicable as detailed in General condition of contract (goods).(referSection III, clause No 20.)

    G. NOTES ON TAXES AND DUTIES

    44 EXCISE DUTY / CENVAT GAIL can ava il the b ene fit of CENVAT Cred it on the

    supp lies, sub jec t to fulfillment o f certa in co nd itions.

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    1. The c ontrac tor will prep are exc ise invoice and the sam e

    will accompany the material from his works to GAIL, Pata.

    Consignee name GAIL (India) Limited, Pata should be

    me ntioned on all excise invo ice s of the supp ly item s. The

    following excise particulars of GAIL, Pata (Consignee)

    should b e ment ioned on the Excise Invoice s.

    Consignee: GAIL (India) Limited, Pata, District: Auraiya (U.P)

    206 241.

    Range : Pata

    Division: Agra

    Co nsigne e s ECC: No. AAACG1209JXM006

    2. In case the contractor has procured the duty paid

    material from a vendor / sub vendor, the name of the

    contrac tor ma y ap pe ar as buyer and the na me & a dd ress

    of G AIL, Pata shall appe ar as Consigne e . The c ontrac tor

    will ensure that in the invoices and other duty paying

    documents raised by the vendor / supplier, the name &ECC no . of GAIL, Pata, a s mentioned ab ove , must a pp ea r.

    3. In case the contractor has imported the equipments /

    materials in his name, he will endorse the Bill of Entry giving

    com plete a dd ress of GAIL, Pata a long with ECC no. The

    endo rseme nt will be ma de by him at the p ort on the b ac k

    of the bill of entry and the material will accompany

    endorsed Bill of Entry from the Port to GAIL, Pata .

    4. All the e xcise invo ice s / Bill of Entries perta ining to the

    supply po rtion sha ll be handed ove r to G AIL, Pata .

    5. (a) The bidders are required to clearly indicate in theSOR, a minimum amount (in lumpsum) of cenvatabledocuments that will be provided to GAIL by the vendoron the supply part(i.e. SOR item No 1 to 4) so that GAILis able to take the benefit of Cenvat credit to that extent.The amount so indicated shall be considered forevaluation purpose.(i.e this amount will be reducedfrom the quoted FOT price )

    (b) Subsequently if the order is issued to the bidder andthe bidder fails to provide documents to enable GAIL toavail cenvat benefit at least to the extent mentioned atpara 5(a) above, the difference between the cenvatabledocuments provided to GAIL and the cenvat creditconsidered for evaluation shall be deducted from the duepayments of the vendor.

    45 SERVICE TAX 1. Service ta x if any sha ll be app lic able on insta lla tion and

    c om missioning ( SOR item No 5 ). Service tax will be

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    payable as applicable during the period of contract

    ag ainst t he subm ission of Cenva table invoice .

    2. The rates quo ted by the bidd er(Indian or foreign)

    shall be inclusive of all taxes and duties applicable

    in his country except the service tax applicable in

    India.I In case of Indian bidder/Vendor (including aregistered branch of a foreign service provider having an

    income tax and service tax registration in India), the Indian

    bidd er rec eiving the pa yment shall raise cenva table

    Invoice on GAIL, Pata as required under Rule 4 A of the

    service tax rules.In th is case the service tax sha ll be

    reimbursed to the Indian bidder/Vendor against

    c enva table invoice. As pe r existing rule 4 A , bidd er/ve ndo r

    sha ll raise a serially numbered invoice sta ting the following

    particulars on the fac e of invoice:-

    i. the name , ad dress and Service Tax Reg istrat ionnumber of the Conta c tor.

    ii. the name and address of GAIL Pata as recipient of

    the ta xab le service,

    iii. description, classification and value of taxable

    servic e p rovided , and

    iv. the a mount of Servic e ta x paya ble on suc h servic es

    (bo th in figures and in words).

    v. the a mount of Educ at ion c ess on Service ta x

    payable on such services (both in figures and in

    words).

    II In case of foreign bidder/vendor, (who is a nonreside nt o r a person from o ut side India and who do es not

    have any office in India for the purpose of payment of

    service tax in India), the service tax liability will be borne

    and pa id by GAIL, Pata, a s a rec ipient of ta xab le services,

    subjec t to the provision of service tax laws ap plicab le from

    time to time.

    Service p roviders are req uested to c om ply with the abo ve

    instructions so that GAIL Pata can avail benefit of Cenvat

    Credit for the a mount of Service tax & Educ at ion c ess on

    Service Tax pa id.

    46 WORK CONTRACT TAX

    (WCT

    shall not b e ap plicable in this case

    47 INCOME TAX 1. GAIL sha ll ded uc t incom e tax a t source (TDS) as per

    applicable Indian law from all the payments to the

    bidder/vendor for the service rendered in India and

    remit the net amount to the vendor. GAIL shall

    deposit the income tax deducted with the Indian

    revenue department. GAIL shall issue necessary tax

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    ded ucte d at source c ertificate to the vendor. In the

    c ase o f foreign vendor, the TDS will be made a s per

    the rate p resc ribed in the the DTAA a pp licab le for

    the relevant country or the rates applicable under

    the Indian inco me tax ac t 1961 which ever is lower.

    2. As per the provisions of the Incom e Tax Ac t, 1961,

    Permanent Account No. (PAN) is compulsorilyreq uired to b e me ntioned in Tax Deduc tion at

    Source (TDS) c ertific a te issued to the paye e.

    Therefore, the c ont rac to r must submit the d eta ils of

    PAN / the c op y of a pp lication filed for allotme nt of

    PAN (if PAN no. not a va ilab le) to GA IL immediate ly

    on rec eipt of o rder, failing wh ich, TDS certifica te will

    not be issued .

    48 IMPORTANT NOTES Any sta tuto ry va riation in taxes and duties, and new levies if

    any, till Contract Completion period including revision in

    the contract, if any, shall be to owners account. However

    any increase in the rates of taxes & duties beyond theContractual Completion Period shall be to Contractors

    ac c ount and any d ec rease shall be pa ssed on to owner.

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    BRIEF SCOPE OF SUPPLY AND BEC

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    ANNEXURE-1 to ITB

    BRIEF SCOPE OF SUPPLY AND

    BID EVALUATION CRITEARIA (BEC)

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    1.0 Introduction

    1.1 GAIL (India) limited invites sealed bids under single stage three envelope system(Part-I Technical/un priced Commercial Bid , Part-2 Priced Commercial Bid & Part -

    3 Original bid security from eligible bidders for the supply of 1000 KVA DEG Set

    for Substation #1 at GAIL PATA.

    1.2 BRIEF PROJECT DETAILSGAIL intends to purchase Diesel Engine Generator set for emergency electrical power

    supply to critical loads of IOP area in case of normal power failure. The DEG set shall

    be installed at Substation #1 of GAIL Pata.

    . .

    2.0 Brief Scope of bid :

    Supply erection and commissioning of 1000 KVA Diesel Engine Generator set along

    with all auxiliary units and PMCC.

    3.0 BID EVALUATION CRITERIA

    Bid Evaluation Criteria (BEC) for this tender will be as under:

    The bidder should be a manufacturer or authorized dealer of Diesel Engine.

    The bidder should have supplied, installed and commissioned at least one set ofDG Set of 1000 KVA against purchase order placed on them by Govt. deptt./

    PSUs/Reputed private companies in preceding 5 years

    The bidder has to submit attested copy of following documents in support of BEC:

    I. Copy of registration certificate indicating that they are the manufacturer of DGset or any other proof in case the bidder is manufacturer. Copy of a Valid

    dealership/ distributorship certificate, in case the bidder is not a manufacturer.

    II. A copy of PO along with the proof of execution such as copy ofinvoice/completion certificate/ inspection report/proof of payment for supply,

    installation & commissioning of DG set of 1000 KVA issued by the consignee.

    THE DUCUMENTS SUBMITTED TO MEET ABOVE BEC SHALL BE PROPERLY

    ATTESTED BY GAZETTED OFFICER OR OFFICER OF PUBLIC SECTOR

    ENTERPRISES / NOTARISED BY A NOTARY PUBLIC."

    Any Bid not fulfilling the above BEC shall summarily be rejected.

    Any bidder who meet the Bid Evaluation Criteria (BEC) as mentioned above, and wishes

    to quote against this tender may download the bidding document from GAIL's website

    (www.gailonline.com) and submit the Bid complete in all respect as per terms &

    conditions of contract on or before the due date along with an undertaking that the

    contents of the Bidding Document have not been altered or modified.

    Offer(s) received from short listed bidders to whom enquiry is already issued as well as

    through web site which meet the BEC criteria and found responsive(as per rejectioncriteria), shall be taken into consideration for evaluation & award.

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    FORMS AND FORMATS

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    ATTACHMENTS TO INSTRUCTION TO BIDDERS(ITB)

    FORMS & FORMATS

    (These Forms duly filled-in (if required) alongwith its enclosures is essentially requiredforEvaluation of Bid, in absence of which bid may be considered as non-responsive)

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    FORMS AND FORMATS

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    INDEX TO ATTACHMENT FOR INSTRUCTION TO BIDDERS (ITB)

    FORMS & FORMATS

    Sr. No. Form No. Description Page No.

    0 CUT OUT SLIPS 28-29

    1. F-I BIDDERS GENERAL INFORMATION 30

    2. F-2 BID FORM 31

    3. F-3 LIST OF ENCLOSURES 32

    4. F-4 PROFORMA FO BANK GUARANTEE FOR EARNESTMONEY DEPOSIT/ BID SECURITY

    33

    5. - INSTRUCTIONS FOR FURNISHING BID- GUARANTEEBANK GUARANTEE

    34

    6. F-5 LETTER OF AUTHORITY 35

    7. F-6 NO DEVIATION CONFIRMATION 36

    8. F-7 CERTIFICATE 37

    9. F-8 DETAILS OF SIMILAR WORK DONE DURING PASTFIVE YEARS

    38

    10. F-9 PRESENT COMMITMENTS OF THE BIDDER 39

    11. F-10 PROFORMA OF BANK GUARANTEE 40-41

    12. - INSTRUCTIONS FOR FURNISHING CONTRACTPERFORMANCE GUARANTEE

    42

    13. F-11 FORMAT APPLICABLE FOR PARTIES WILLING TORECEIVE PAYMENT IN THEIR ACCOUNT WITHSBI/HDFC/ICICI BANK ONLY

    43

    14. F-12 PARTICULARS OF VENDORS RQUIRED FOR THEPURPOSE OF MAKING PAYMENT THROUGH E-BANKING

    44

    15. - ACKNOWLEDGEMENT CUM CONSENT LETTER 45

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    DO NOT OPEN THIS IS A QUOTATION

    PROJECT : GAIL Pata, Sub Station # 1 DEG Set

    TENDER NO.: GAIL/PATA/C&P/20001324/SKD/06

    ITEM : PROCUREMENT OF 1000 KVA DEG set

    DUE DATE : ------------ (1500 HRS)

    FROM: TO:

    M/S ADM BUILDINGGAIL (INDIA) LIMITEDGAIL PATAPOST PATADIST- AURAIYA (U.P) 206241

    (TO BE PASTED ON THE OUTER ENVELOPE CONTAINING THREEENVELOPES OF PART-I, PART-II AND PART-III OF BIDS)

    DO NOT OPEN THIS IS A QUOTATION

    (UN PRICE BID)

    PROJECT : GAIL Pata, Sub Station # 1 DEG Set

    TENDER NO.: GAIL/PATA/C&P/20001324/SKD/06

    ITEM : PROCUREMENT OF 1000 KVA DEG set

    DUE DATE : ------------ (1500 HRS)

    FROM: TO:M/S ADM BUILDING

    GAIL (INDIA) LIMITEDGAIL PATAPOST PATA

    DIST- AURAIYA (U.P) 206241

    (TO BE PASTED ON THE ENVELOPE CONTAINING TECHNO-COMMERCIALOFFER I.E. UN-PRICED BID PART-I)

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    DO NOT OPEN THIS IS A QUOTATION

    (PRICE BID)

    PROJECT : GAIL Pata, Sub Station # 1 DEG Set

    TENDER NO.: GAIL/PATA/C&P/20001324/SKD/06

    ITEM : PROCUREMENT OF 1000 KVA DEG set

    DUE DATE : ------------ (1500 HRS)

    FROM: TO:M/S ADM BUILDING

    GAIL (INDIA) LIMITEDGAIL PATAPOST PATA

    DIST- AURAIYA (U.P) 206241

    (TO BE PASTED ON THE OUTER ENVELOPE CONTAINING PRICE BID,PART-II )

    DO NOT OPEN THIS IS A QUOTATION

    (SECURITY DEPOSIT /EMD)

    PROJECT : GAIL Pata, Sub Station # 1 DEG Set

    TENDER NO.: GAIL/PATA/C&P/20001324/SKD/06

    ITEM : PROCUREMENT OF 1000 KVA DEG set

    DUE DATE : ------------ (1500 HRS)

    FROM: TO:M/S ADM BUILDING

    GAIL (INDIA) LIMITED

    GAIL PATAPOST PATADIST- AURAIYA (U.P) 206241

    (TO BE PASTED ON THE ENVELOPE CONTAINING SECURITY DEPOSIT/EMD,PART-III)

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    F-I

    BIDDERS GENERAL INFORMATION

    To

    GAIL (India) Limited,

    GAIL PATA

    1.1 Bidder Name :

    1.2 Number of Years in Operation : _________________________________

    1.3 Registered Address : _________________________________

    _________________________________

    1.4 Operation Address : _________________________________

    if different from above

    ________________________________

    1.5 Telephone Number : _________________________________

    (Country Code) (Area Code) (Telephone Number)

    1.6 E-mail address & Web Site : _________________________________

    1.7 Telefax Number : ________________________________

    (Country Code) (Area Code) (Telephone Number)

    1.8 ISO Certification, if any : {lf yes, please furnish details}

    (SIGNATURE OF BIDDER WITH SEAL)

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    F-2

    BID FORM

    To

    GAIL (India) Limited,GAIL PATA

    Dear Sir,

    After examining/reviewing the Bidding Documents for supply of 1000 KVA DEG SET,

    including technical specifications, drawings, General and Special Conditions of Contract and

    schedule of rates, etc. the receipt of which is hereby duly acknowledged, we, the undersigned,

    pleased to offer to execute the whole of the Job in conformity with, the said Bid Documents,

    including Addenda Nos. ____________ .

    We confirm that this bid is valid for a period of Four (4) months from the date of opening of

    Techno Commercial Bid, and it shall remain binding upon us and may be accepted by anytime before the expiration of that period.

    If our bid is accepted, we will provide the performance guarantee equal to 10% (ten per cent)

    of the Contract Price, for the due performance with in fifteen days of such award.

    Until a final Contract is prepared and executed, the bid together with your written acceptance

    thereof in your notification of award shall constitute a binding Contract between us.

    We understand that Bid Document is not exhaustive and any action and activity not

    mentioned in Bid Documents but may be inferred to be included to meet the intend of the Bid

    Documents shall be deemed to be mentioned in Bid Documents unless otherwise specifically

    excluded and we confirm to perform for fulfillment of Agreement and completeness of the

    Work in all respects within the time frame and agreed price.

    We understand that you are not bound to accept the lowest priced or any bid that you may

    receive.

    SEAL AND SIGNATURE

    DATE:

    Duly authorized to sign bid for and on behalf of ____________________________________

    (SIGNATURE OF WITNESS)

    WITNESS NAME:

    ADDRESS:

    *Strike out which ever is not applicable

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    F-3

    LIST OF ENCLOSURES

    (This Form alongwith its enclosures is essentially required for Evaluation of Bid,

    absence of which bid may be considered as non-responsive)

    To

    GAIL (India) Limited,GAIL PATA

    Dear Sir,

    We are enclosing the following documents DULY INDEXED WITH PAGE NO. OF

    OFFER in un-price bid, as part of the bid:

    1) Clause wise compliance to BEC (refer Annexure-I to IFB) alongwithrequired/supporting document [Page- ]

    2) If the tender document is downloaded from web site, a undertaking as per clause no.10 of ITB, that content of tender document is not modified. [Page- ]

    3) Power of Attorney of the signatory to the Bidding Document. [Page- ]

    4) Price Schedule with prices blanked out in UN-PRICED BID [Page- ]

    5) QA/QC Manuals if any. [Page- ]

    6) Organisation chart of the bidder and the structure assigned for execution of the workunder this bid. [Page- ]

    7) Copy of Bidding Documents along with addendum/corrigendum no_____ duly signedand sealed on each page, in token of confirmation that Bid Documents are considered

    in full while preparing the bid and in case of award, work will be executed in

    accordance with the provisions detailed in Bid Documents.

    [Page- ]

    8) All documents pertaining to Technical Questionnaire for evaluation of DEG setsuppliers as per technical documents mentioned in this bidding document. [Page- ]

    (SEAL AND SIGNATURE OF BIDDER)

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    F-4

    PROFORMA FOR BANK GUARANTEE FOR EARNESTMONEY DEPOSIT/ BID

    SECURITY

    (To be stamped in accordance with the Stamp Act)

    Ref______________ Bank Guarantee No___________

    Date ___________

    To

    GAIL (India) Limited.,

    16, Bhikaji Cama Place

    R.K Puram, NEW DELHI - 110066

    Dear Sir(s),

    In accordance with Letter Inviting Tender under your reference No _________________

    M/s._____________________________________ having their Registered/ Head Office at

    __________________(hereinafter called the Tenderer) wish to participate in the said tender

    for _______________________________________________________. As an irrevocableBank Guarantee against Eamest Money for the amount of_____________ is required to be

    submitted by the Tenderer as a condition precedent for participation in the said tender which

    amount is liable to be forfeited on the happening of any contingencies mentioned in the

    Tender Document

    We, the ________________________________, Bank at ________________________

    having our Head Office

    _________________________________________________________ (Local Address)

    guarantee and undertake to pay immediately on demand without any recourse to the tenderers

    by GAIL (India) Limited., the amount _____________________________________ without

    any reservation, protest demur and recourse. Arty such demand made by GAIL, shall be

    conclusive and binding on us irrespective of any dispute or difference raised by the Tenderer.

    This guarantee shall be irrevocable and shall remain valid upto __________ [this date should

    be 6 months 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.

    __________________________________________________________ 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_____________2OO5 at ________________ .

    WITNESS:

    (SIGNATURE) (SIGNATURE)

    (NAME) (NAME)

    Designation with Bank Stamp

    (OFFICIAL ADDRESS) Attorney as per

    Power of Attorney No._______

    Date:______________________

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    INSTRUCTIONS FOR FURNISHING BID-GUARANTEE

    BANK GUARANTEE

    1. The Bank Guarantee by bidders will be given on non-judicial stamp paper as per

    stamp duty applicable. The non-judicial stamp paper should be in the name of the

    issuing bank. In case of foreign bank, the said banks guarantee to be issued by its

    correspondent bank in India on requisite non-judicial stamp paper.

    2. The expiry date as mentioned in bid document should be arrived at by adding 2

    months to the date of expiry of the bid validity unless otherwise specified in the Bid

    Documents.

    3. The bank guarantee by bidders will be given from bank as specified in ITB

    4. A letter from the issuing bank of the requisite Bank Guarantee confirming that said

    bank guarantee /all future communication relating to the Bank Guarantee shall beforwarded to the Employer at its address as mentioned at ITB.

    5. Bidders must indicate the full postal address of the bank along with the banks E-mail/

    Fax from where the earnest money bond has been issued.

    6. If a bank guarantee is issued by a commercial bank, then a letter to Employer

    confirming its net worth is more than Rs. 1,000,000,000/- (Rupees one hundred crore)

    or equivalent along with a documentary evidence.

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    F-5

    LETTER OF AUTHORITY

    PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING ANDSUBSEQUENT

    NEGOTIATIONS/CONFERENCES

    No.

    GAIL India Limited,

    GAIL PATA

    Dear Sir,

    We ________________________________ hereby authorize following representative(s) to

    attend un-priced bid opening and price bid opening and for any other correspondence andcommunication against above Bidding Document

    1) Name & Designation ______________________ Signature _______________.

    2) Name & Designation ______________________ Signature _______________

    We confirm that we shall be bound by all commitments made by aforementioned authorised

    representatives.

    Yours faithfully,

    Signature

    Name & Designation

    For and on behalf of

    Note: This letter of authority should be on the letterhead of the bidder and should be signed

    by a person competent and having the power of attorney to bind the bidder.Not more than two persons are permitted to attend techno-commercial un-priced and

    price bid opening.

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    F-6

    NO DEVIATION CONFIRMATION

    GAlL India Limited,

    GAIL PATA

    Dear Sir,

    We understand that any deviation/exception in any form may result in rejection of bid. We,

    therefore, certify that we have not taken any exceptions/deviations anywhere in the bid and

    we agree that if any deviation/exception is mentioned or noticed, our bid may be rejected.

    (SEAL AND SIGNATURE OF BIDDER)

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    F-7

    CERTIFICATE

    GAIL India Limited,

    GAIL PATA

    Dear Sir,

    If we become a successful bidder and pursuant to the provisions of the Bidding Documents

    award is given to us for supply of DEG set, the following certificate shall be automatically

    enforceable:

    We agree and acknowledge that the Employer is entering into the Agreement solely on its

    own behalf and not on behalf of any other person or entity. In particular, it is expressly

    understood and agreed that the Government of India is not a party to the Agreement and has

    no liabilities, obligations or rights there under. It is expressly understood and agreed that the

    Employer is authorised to enter into Agreement, solely on its own behalf under the applicable

    laws of India. We expressly agree, acknowledge and understand that the Employer is not anagent, representative or delegate of the Government of India. It is further understood and

    agreed that the Government of India is not and shall not be liable for any acts, omissions,

    commissions, breaches or other wrongs arising out of the Agreement. Accordingly, we

    hereby expressly waive, release and forego any and all actions or claims, including cross

    claims, VIP claims or counter claims against the Government of India arising out of the

    Agreement and covenants not to sue to Government of India as to any manner, claim, cause

    of action or things whatsoever arising of or under the Agreement.

    Seal and Signature of Bidder

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    Reasonsfordelayin

    projectcompletion,

    ifany

    Dateof

    Actual

    Completio

    n

    Scheduled

    CompletionTime

    (Months)

    Dateof

    C

    ommencementof

    work

    ValueofContract

    FullPostalAddressandphone

    n

    os.ofClient&Nameof

    Officer-in-Charge

    Descriptionofthe

    work

    F-8

    DETAILSOFSIMILARWORKDONEDURINGPASTFIVEYEARS

    Sr.No.

    Note:

    Copies

    of

    Letter

    of

    awards

    and

    completion

    certificate

    for

    the

    above

    works

    to

    be

    enclosed.

    Theworkcompletedearlierthan

    fiveyearsneednotbeindicatedhereThelistofwork,notofsimilarnatureneednotbeindicatedhereFailingtocomply

    aforementionedinstructionsmay

    leadtorejectionofbid.

    SealandSignatureOfBidder

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    Remarks

    ExpectedDate

    ofCompletion

    %Age

    Comp.ason

    Date

    Scheduled

    Comp.Period

    Dateof

    Commenceme

    ntofwork

    Descript

    ion

    ofthework

    FullPostalAddress

    andphonenos.of

    Client&Nameof

    Officer-in-Chare

    F-9

    PRESENTCOMMITMENTSOFTHEBIDDER

    Sr.No.

    Note:Thelistmustbeafulllistofalltypeofworksinhand.

    SealandSignatureOf

    Bidder

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    F-10

    CONTRACT-CUM-EQUIPMENT PERFORMANCE BANK GUARANTEE(PERFORMANCE SECURITY) - UNCONDITIONAL

    (TO BE STAMPED IN ACCORDANCE WITH STAMP ACT)

    REF.Bank Guarantee No.:Date:

    To

    GAIL (INDIA) LIMITEDP.O.:PATA, DISTT. AURAIYA(U.P.) 206 041INDIA

    Dear Sirs,

    In consideration of the GAIL (India) Limited, New Delhi (India) (hereinafter referred to as the

    OWNER/PURCHASER which expression shall unless repugnant to the context or meaningthereof include successors, administrators and assigns) having awarded toM/s______________________________________________ having principal office at _______________________________________(hereinafter referred to as the SELLERwhich expression shall unless repugnant to the context or meaning thereof include theirrespective successors, administrators, executors and assigns) the supply by issue ofOWNER/PURCHASERs Purchase Order No._______________dated___________and thesame having been accepted by the Seller resulting into CONTRACT for supplies ofmaterials/equipments as per above referred Purchase Order having a total value of _______________________for the complete supply of materials/equipments and theSELLERS having agreed to provide a Contract Performance and warranty guarantee forfaithful performance of the aforementioned Contract and warrantee quality___________toOwner/Purchaser.

    We (bank) _________________________________having Head Office at (hereinafterreferred to as the Bank, which expressly shall, unless repugnant to the context or meaningthereof include successors, administrators, executors and assigns) do hereby guarantee toundertake to pay the OWNER/PURCHASER on demand any and all moneys payable by theSeller to the extent of 10%(ten percent) of the Contract Prices as aforesaid at any time upto __________________________________ without a reference to the SELLER. Any suchdemand made by OWNER/PURCHASER on bank shall be inclusive and binding notwithstanding any difference between OWNER/PURCHASE and SELLER discharges thisguarantee. OWNER/PURCHASER and SELLER or any dispute pending before any Court,Tribunals, arbitrators or any other Authority.

    The bank undertakes not to revoke this guarantee during its currency without previousconsent of OWNER/PURCHASER and further agrees that the guarantee herein containedshall continue to be enforceable till the OWNER/PURCHASER discharges this guarantee.OWNER/PURCHASER shall have the fullest liberty without affecting in any way the liabilityof the BANK under this guarantee from time to time to extend the time for performance bySELLER of the afore mentioned CONTRACT, OWNER/PURCHASER shall have the fullestliberty, without affecting this guarantee, to postpone from time to time the exercise of anypower vested in them or of any right which they might have against SELLER, and to exercisethe same at any time in any manner, and either to enforce to forebear to enforce anycovenants contained or implied, in the aforementioned CONTRACT between

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    OWNER/PURCHASER and SELLER or any other course of or remedy or security availableto OWNER/PURCHASER. The BANK shall not be released of its obligations under thesepresents by any exercise by OWNER/PURCHASER of its liability with reference to thematters aforesaid or any of them or by reason or any other acts of omission or commissionon the part of OWNER/PURCHASER or any other indulgence shown byOWNER/PURCHASER or by any other matter or thing whatsoever which under law would,but for this provision, have the effect or relieving the BANK. The BANK also agrees thatOWNER/PURCHASER at its option shall be entitled to enforced this Guarantee against theBank as a Principal debtor, in the first instance without proceeding against SELLER andnotwithstanding any security or other guarantee that OWNER/PURCHASER may have inrelation to the SELLERS liabilities.

    Notwithstanding anything contained herein above our liability under this Guaranteesrestricted to AND it shall remain in force upto and including ________ and shall be extendedfrom time to time for such period as may be desired by the SELLER on whose behalf thisGuarantee has been given.

    The Bank Guarantees payment of an amount is payable on demand and in any case within24 hours of the presentation of the letter of invocation of Bank Guarantee. Should the

    banker fail to release payment on demand, a penal interest of 24% per annum shall becomepayable immediately and any dispute arising out of or in relation to the said BankGuarantees shall be subject to the jurisdiction of Delhi Courts.

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

    The Bank Guarantees payment of an amount is payable on demand and in any case within48 hours of the presentation of the letter of invocation of Bank Guarantee. Should the banker

    fail to release payment on demand, a penal interest of 18% per annum shall becomepayable immediately and any dispute arsing out of or in relation to the said Bank Guaranteeshall be subject to the jurisdiction of Delhi Courts.

    This guarantee is valid upto the ________day of _______200_.

    We have power to issue this guarantee in your favour under memorandum and Article ofAssociation and the undersigned has full powers to do so under the Power ofAttorney/Resolution of the Board of Directors dated ________accorded to him by the bank.

    Dated The ___________day of _____________2005.

    WITNESS:

    (SIGNATURE) (SIGNATURE)NAME NAME

    BANK RUBBER STAMP(NAME)(OFFICIAL SEAL) Designation with bank stamp

    Plus Attorney as per PowerOf Attorney/Resolution Board ofDirectorsDate:

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    INSTRUCTIONS FOR FURNISHING CONTRACT PERFORMANCE GUARANTEE

    1. The Bank Guarantee by successful bidder(s) wilt be given on non stamp paper as per

    stamp duty applicable. The non-judicial stamp paper should be in name of the issuing

    bank. In case of foreign bank, the said bank guarantee to be issued by its

    correspondent bank in India on requisite non-judicial stamp paper and place of bid tobe considered as Delhi.

    2. The bank guarantee by bidders will be given from bank as specified in ITB.

    3. A letter from the issuing bank of the requisite Bank Guarantee confirming that said

    bank guarantee and all future communication relating to the Bank Guarantee shall be

    forwarded to Employer

    4. If a bank guarantee is issued by a commercial bank, then a letter to Owner and copy

    to Consultant confirming its net worth is more than Rs. 1,000,000,000/- (Rupees one

    hundred crore). or its equivalent in foreign currency along with a documentary

    evidence.

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    F - 11

    FORMAT APPLICABLE FOR PARTIES WILLING TO RECEIVE EPAYMENTS INTHEIR ACCOUNT WITH SBI/HDFC/ICICI BANK ONLY)

    To,

    The Dy General Manager (F&A)GAIL (India) Ltd.P.O. Pata

    Auraiya,

    U.P. -206241

    Subject :Consent for receiving Payments through Electronic Mode

    Dear Sir,

    This is to confirm that we M/s . (Name

    of the Organization) are having Savings / Current Account No.

    . with (Name of the Bank)

    ... (Branch Name) (Branch Code), to which

    payments, if any due to us, can be released electronically.

    Thanking You.

    for..

    Authorized Signatory (ies)(Name of the Authorised Signatory with Seal)

    This is to certify that Savings / Current A/c. No is maintained by

    M/s...(Name of the Organization)

    with our bank ..(Name of the Bank,

    Branch Name & Branch Code), to which payments can be released electronically.

    (Signature with Seal of Bank)

    Branch Manager

    Note: The above format should be on letter head of the organization mentioning E-mail ID/Fax No. of the contact person.

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    F - 12

    PARTICULARS OF VENDORS REQUIRED FOR THE PURPOSE OF MAKING PAYMENTTHROUGH E-BANKING

    (PLEASE ATTACH ONE CANCELLED CHEQUE w. r. t. EVERY VENDOR)

    1. VENDOR/CUSTOMER NAME : ..

    2. COMPLETE ADDRESS : ..

    3. BANKS NAME : ..

    4. BENEFICIARY A/C NO. .: ..

    5. ACCOUNT TYPE : ..

    6. BRANCH NAME : ..

    7. BANK ADDRESS : ..

    8. MICR CODE : ..

    9. BRANCH CODE : ..

    AUTHORIZED SIGNATORY WITH NAME AND SEAL

    (THE ABOVE INFORMATION ARE REQUIRED TO BE SUBMITTED BY THE VENDORS ON

    THEIR LETTERHEAD ,DULY CERTIFIED BY THEIR BANKER)

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    ACKNOWLEDGEMENT CUM CONSENT LETTER

    (Within 7 days of receipt of Bidding document, Bidder shall acknowledge the receipt and confirm his intention to Bid

    against the enquiry/tender through e-mail to [email protected] or per return FAX by filling up the this

    Format.)

    To,Senior Manager (C & P),GAIL (India) Ltd.Pata

    FAX: 05683 282446

    SUBJECT: TENDER NO. GAIL/PATA/C&P/20001324/SKD for procurement of 1000

    KVA DEG Set

    Dear Sir,

    We hereby acknowledge receipt of a complete set of bidding document along with enclosures for

    subject item/work.

    We undertake that the contents of the above bidding document shall be kept confidential and furtherthat the drawings, specifications and documents shall not be transferred and that the said documentsare to be used only for the purpose for which they are intended.

    A) We intend to bid as requested for the subject item/work and furnish following details withrespect to our quoting office:(i) Postal Address : .

    .(ii) Telephone Number : (iii) Telefax Number : ..(iv) Contact Person : ..(v) E-mail Address : ..

    B) Details of Contact person:

    (i) Postal Address : .(ii) Telephone Number : (iii) Fax Number : ..(iv) Contact Person : ..(v) E-mail Address : ..

    C) We are unable to bid for the reasons given below and we are returning back the entire set ofbidding documents.

    Reasons for non-submission of bid:

    Agencys Name : ..Signature : ..Name : ..Designation : ..Date : ..Seal/Stamp :

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    GENERAL CONDITIONS OF CONTRACT(GOODS)

    TENDER NO. GAIL/PATA/C&P/20001324/SKD/06 Page 46 of 147

    Section II I

    GENERAL CONDITIONS OF CONTRACT(GCC - GOODS)

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    GENERAL CONDITIONS OF CONTRACT(GOODS)

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    Section I II

    General Conditions of Contr act-GOODS

    INDEX

    Article Title

    1. Definitions2. Seller to inform3 Application4. Country of origin5. Scope of Contract6. Standards7. Instructions, direction & correspondence8. Contract Obligations9. Modification in Contract10. Use of Contract Documents & Information11. Patent Rights, Liability & Compliance of Regulations

    12. Performance Guarantee13. Inspection, Testing & Expediting14. Time Schedule & Progress Reporting15. Delivery & Documents16. Transit Risk Insurance17. Transportation18. Incidental Services19. Spare Parts, Maintenance Tools, Lubricants20. Guarantee21. Terms of Payment22. Prices23. Subletting & assignment24. Time as Essence of Contract25. Delays in the Sellers Performance26. Price Reduction Schedule for Delayed delivery27. Rejections, Removal of rejected equipment & replacement28. Termination of Contract29. Force Majeure30. Resolution of disputes/arbitration31. Governing Language32. Notices33. Taxes & Duties34. Books & Records35. Permits & Certificates36. General37. Import Licence38. Fall clause

    39. Publicity & Advertising40 Repeat Order41 Limitation of Liability

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    GENERAL CONDITIONS OF CONTRACT(GOODS)

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    1 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 entitywhich has made a proposal, a tender or a bid with theaim 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 allterms and conditions thereof together with any subsequent

    modifications thereto.

    1.3 CO