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

(A Navratna Company) B-35 & 36, Sector-1, Noida(U.P.), India

Phone Nos. 0120-2549261,2549310,2549155 Fax- 011-26185941,26182126

SAP FUNCTIONAL UPGRADATION AND IMPLEMENTATION OF GRC, E-RECRUITMENT

AND OTHER NEW PACKAGES FOR GAIL

OPEN DOMESTIC COMPETITIVE BIDDING

e-Tender No. 8000002614

(BID DOCUMENT NO.: GAIL/NOIDA/C&P/10091) Contact Details:

Mr. Amarendra Kumar, DGM(C&P) Ph.: 0120-2549199, Email: [email protected]

Mr. Ashish Dadel, SM(C&P)

Ph.: 0120-2547855, Email: [email protected]

Tender No. GAIL/NOIDA/C&P/10091 (e-Tender no. 8000002614 ) SAP Functional Up-gradation and Implementation of GRC, E-recruitment and Other New Packages

Regd. Office : GAIL ( India) Limited, 16, Bhikaiji Cama Place, New Delhi 110 066 2 .

Ph: +91-11-26172580; Fax: +91-11-26185941 Visit us at http://www.gailonline.com; https://etender.gail.co.in

CONTENTS

Section I. Notice Inviting Tender (NIT), Invitation for Bid (IFB) and Cut Out Slip

Section II. Addendum to Instruction to Bidders and

Instructions to Bidders (ITB)

A. General B. Bidding Documents C. Preparation of Bids D. Submission of Bids E. Bid Opening and Evaluation F. Award of Contract

Forms & Formats (Form F-1 to F-13)

Section III. General Conditions of Contract (GCC) Section IV. Special Conditions of Contract (SCC) Section V. Scope of work & Technical Specifications Section VI. Price Schedule/Schedule of Rate (SOR)

Preamble SOR




SECTION - I

NOTICE INVITING TENDER

INVITATION FOR BID (IFB)

CUT OUT SLIP




NNOOTTIICCEE IINNVVIITTIINNGG TTEENNDDEERR ((OOPPEENN DDOOMMEESSTTIICC CCOOMMPPEETTIITTIIVVEE BBIIDDDDIINNGG))

ee--TTeennddeerr NNoo.. 88000000000022661144

((BBiidd DDooccuummeenntt NNoo.. GGAAIILL//NNOOIIDDAA//CC&&PP//1100009911))

GAIL (India) Limited invites e-bids for SAP Functional Up-gradation and Implementation of GRC, E-recruitment and Other New Packages for GAIL(I) Ltd under single stage two bid system.

Bid Document available on website: 07.02.2011 onwards; Pre-Bid Meeting: 18.02.2011 at 11:00 Hrs (IST) at GAIL, Noida; Last date & time for submission of e-bid: 03.03.2011 upto 14:00 Hrs (IST)

Bidder who wishes to participate against this e-tender can logon to GAILs e-tendering portal (https://etender.gail.co.in). The complete bid document along with Bid Eligibility Criteria (BEC) can also be viewed on http://www.gailonline.com or http://www.gailtenders.in/ or http://tenders.gov.in/ . No Physical Bids/Offers (hard copy) is permitted. Corrigendum/ Addendum and clarification if any further to this NIT shall be hosted in GAILs website only . Contact Person: DGM(C&P)/SM(C&P), GAIL (India) Limited, B-35 & 36, Sector- 1, Noida (U.P.), India Phone No. 0120-2549199/2547855 Fax No. 91-11-26185941 Extn: 2490#, E-Mail: [email protected] / [email protected]




IINNVVIITTAATTIIOONN FFOORR BBIIDD (( IIFFBB))-- OOPPEENN DDOOMMEESSTTIICC CCOOMMPPEETTIITTIIVVEE BBIIDDDDIINNGG

Ref.: GAIL/NOIDA/C&P/10091 Date: 07.02.2011

SUB: SAP Functional Up-gradation and Implementation of GRC, E-recruitment and Other New Packages

for GAIL(I) Ltd GAIL (India) Limited, Noida, invites e-bids through e-tendering for SAP Functional Up-gradation and Implementation of GRC, E-recruitment and Other New Packages for GAIL(I) Ltd under single stage two bid system from competent vendors meeting the Bidders Eligibility Criteria as stated in the detailed RFQ/Bid Document attached. e-Tender No. : 8000002614 Bid Document No. : GAIL/NOIDA/C&P/10091 Mode of tendering : Through e-Tender (https://etender.gail.co.in) (Physical Bids will not be accepted) Availability of Bidding document on GAILs website : From 07.02.2011 onwards Bid Document/Tender Fee (Non refundable): Rs.5000/- (Rupees Five Thousand Only)

Fee to be submitted in the shape of crossed Demand

Draft/Bankers Cheque having a validity of six months duly issued by a first class international bank or an Indian nationalized/scheduled bank in favour of GAIL (India) Limited payable at Noida.

Bid Security/Earnest Money Deposit (EMD) : Rs.20,00,000/- (Rupees Twenty Lakhs Only) (Refer Clause No. 5.3 of IFB) Date of Pre Bid Meeting : 18.02.2011, 11:00 Hrs. Venue of Pre-Bid Meeting : GAIL (India) Limited, Infohub, B-35 & 36, Sector-1, Noida -201301 (UP) Due date and time for submission of bids : 03.03.2011 upto 14:00 Hrs. Date and time for opening of un-priced bids : 03.03.2011 at 15:00 Hrs. If any of the days specified above happens to be a holiday in GAIL, the next working day shall be implied. 1.0 BIDDERS ELIGIBILITY CRITERIA & BID EVALUATION METHODOLOGY: 1.1. BIDDERS ELIGIBILITY CRITERIA: 1.1.1 TECHNICAL ELIGIBILITY CRITERIA : The bidder should meet the following technical criteria:

I. Bidder should be SEI CMMI Level 5 certified company. SEI CMMI certificate, valid on the date of submission of bid, to be furnished.




II. Bidder should have resource base of at least 1000 SAP consultants in India. The certificate from authorized HR Personnel / Head of the company to be furnished.

III. Compliance to requirement of having at least Twelve (12) SAP consultants at the bidders disposal

from the below list and these consultants to be earmarked for this project as on due date for bid submission:

1. Profile of Project Manager 2. Profile to Financial Accounting Lead. 3. Profile of Cost and Revenue Accounting (overhead cost controlling) Lead 4. Profile of Material Management Lead 5. Profile of Supplier Relationship Management Lead 6. Profile of Quality Management Lead 7. Profile of Warehouse Management Lead 8. Profile of Sales and Distribution Lead 9. Profile of Plant Maintenance Lead 10. Profile of Project Systems Lead 11. Profile of Asset Management Lead 12. Profile of India Localization Lead 13. Profile of Interface developments (PI/XI) Lead 14. Profile of Basis Lead 15. Profile of Development Lead 16. Profile of Production Planning and Execution (In Petrochemical Business) Lead 17. Profile of IS-OIL Lead 18. Profile Safety, Health and Environment (SHE) Lead 19. Profile Human Resources Management Lead 20. Profile SAP Business Warehouse (BW) Lead 21. Profile of GRC (Governance, Risk & Compliance) Lead 22. Profile of TAO (TEST Accelerator and Optimization) & Quality Center Consultant 23. Profile of TDMS (Test data Migration System) Consultant 24. Profile of Duet Consultant In this regard the bidder shall submit curriculum vitae of these functional lead consultants in accordance with clause no.-6.0 of SCC.

IV. Bidder should be SAP authorised global / India Service Partner as on date of submission of bid. Valid

Certificate from SAP to be furnished.

V. Bidder should have experience of successfully executing

a. At least one End-to-End SAP ECC 6.0 implementation / upgrade involving at least three modules out of FICO, MM, SD & HR modules within or outside India in a single order and having an order value not less than Rs 5.00 Crores in last 7 years from the due date of submission of bid. The order as well as completion date should be within last 7 years from the due date of submission of bid.

b. Copy of order along with completion certificate from the client to be furnished. c. In case the above order is still under execution but go live has happened, certificate from

clients indicating go live date of above modules, executed job value as on the date of submission of the bid to be furnished in support in addition to order copy. The executed job value should not be less than Rs. 5.00 Crores

For the bidders who submit the copy of order / completion certificate received in foreign currency , the order value / executed job value will be converted into the equivalent Indian Rupees at the Bill Collection selling rates of foreign exchange as declared by State Bank of India a day prior to technical bid opening for the purpose of qualifying / meeting the above criteria .




VI. Bidder should have experience (within and/or outside India) of at least 5 out of following 10 items:

1. Experience of at least one SAP (version ECC 6.0 with Enhancement pack) upgrade /

implementation experience for more than 850 user licenses. 2. Experience of at least one successful migration to New GL functionality on ECC 6.0 from older

version of SAP R/3 3. Experience of at least one successful Implementation of SAP Work Clearance Management

(PM-WCM) 4. Experience of at least one successful Implementation of E-recruitment along with Roaster

(PSU) 5. Experience of at least one successful Implementation of SAP GRC (Governance, Risk &

Compliance) - Access Control 6. Experience of at least one successful Implementation of SAP Process Integration (PI/XI) with

SAP ECC 6.0 7. Experience of at least one successful Implementation of SAP Country India (CIN) 8. Experience of at least one successful Implementation of SAP Test Acceleration and

Optimization & Quality Centre experience 9. Experience of at least one successful Implementation of SAP Test Data Migration Server

(TDMS) 10. Experience of at least one successful Implementation of SAP DUET Certificate from client mentioning the successful implementation of these Components are to be furnished.

VII. Bidders who do not meet the experience criteria listed at Sl. No. V & VI above may also be qualified

provided that they comply all the three conditions as listed below:

a) Bidder is a subsidiary company to a parent/holding company and

b) The experience of parent / holding company or subsidiary(ies) of the parent/holding company meet the requirement as mentioned at V, & VI above.

c) The parent/holding company or qualifying subsidiary(ies) of the parent/holding confirm their technical

and financial support in favour of Bidder for execution of work stipulated in the Bid Document. Bidder furnishes a Undertaking/Confirmation from the parent/holding company or qualifying subsidiary(ies) of the parent/holding as per the format attached (Annexure A1).

1.1.2 FINANCIAL ELIGIBILITY CRITERIA : The bidder should meet the following financial criteria: 1.1.2.1 The Annual Turnover of the Bidder should not be less than Rs. 5.0 Crores in any of the preceding

three financial years i.e. F.Y. 2007-08, 2008-09, 2009-10. Bidders are also required to fill the requisite details in the enclosed Format F3-A and also submit Audited Balance Sheet .

1.1.2.2 The Net worth of the Bidder should be positive as per last audited financial statement i.e. for FY 2009-10. Bidders are also required to fill the requisite details in the enclosed Format F3-B and also submit Audited Balance Sheet

1.1.2.3 The bidder should have minimum Working Capital of Rs. 1.0 Crores as per the last audited financial year 2009-10. If the bidders working capital is inadequate, the bidder should supplement this with a bidders bank, having net worth not less than Rs. 100 Crores, letter confirming the availability of line of credit for at least Rs. 1.0 Crores as per the format enclosed as F3-C. Bidders are also required to fill the requisite details in the enclosed Format F3-B.

Bidders are required to submit copies of Audited Balance Sheet and P&L Account for the relevant period in support of meeting the financial criteria.

1.1.2.4 All supporting documents submitted by bidder, as evidence of meeting technical and financial criteria




as stated above, duly notarized. In the absence of requisite documents, GAIL reserves the right to reject the bid without making any reference to the bidder .

1.1.2.5 A job executed by a bidder for its own concern / subsidiary cannot be considered as experience for the purpose of meeting BEC

1.1.2.6 A consortium or an association of two or more individuals, companies, organizations (or any combination of these entities) with the objective of participating in this tender is not allowed to bid.

In the absence of such requisite documents, GAIL reserves the right to reject the bid without any reference to the bidder.

1.2. BID EVALUATION METHODOLOGY:

Techno-Commercially Qualified bids will be compared based on the total evaluated price inclusive of all charges, costs, taxes & duties including service tax as quoted by the bidder and the contract will be awarded to the overall lowest bidder .. Any error on quoting taxes & duties shall be shall be to bidders account .

2 PRE-BID MEETING:

The bidder(s) or his authorised representatives are invited to attend the pre-bid meeting which will take place at GAIL (India) Ltd., Infohub, B-35 & 36, Sector-1, Noida -201301, on date and time, as specified in IFB . Bidders representative shall carry authority letter in Format as attached with the Bid Document. Bidders are requsted to attend the Pre-Bid Meeting so that their queries ,if any, related to the Bid Document and Scope of work can be addressed during the meeting. A session will also be arranged for biddres to demonstrate our e-Tendering system to facilitate bidders to submit the Bid online. The bidder, who desires to attend the pre-bid meeting, is also required to deposit/submit the bid document fee, in original as prescribed, before commencement of pre-bid meeting. Bidders who did not deposit/submit the tender fee before date and time of commencement of pre-bid meeting shall not be allowed to attend the meeting.

3 Bid is to be submitted on our E-Tendering website ( https://etender.gail.co.in). Bidders shall submit their bids i.e. UN-PRICED Bid in Collaboration Folders of e- tendering system and Price Bid in SRM as attachment. We have enclosed format for Schedule of Rates as an MS Excel attachment. Bidders are requested to down load the same and quote their prices strictly as per the format without altering the content of it.

4 The bid will be submitted in three parts as follows:

PART- I (UN-PRICED BID (to be submitted on Collaboration Folders of e-tendering system) Complete with all technical details other than price along with TENDER duly signed with seal.

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

Price bid should contain only the prices, without any condition whatsoever. PART-III (Original Tender Fee, Original Bid Security and Power of Attorney to be submitted in

physical form) Envelope superscribing BID SECURITY, POWER OF ATTORNEY AND TENDER FEE should be submitted in physical form containing original bid security, Power of Attorney and original tender fee (if not submitted on or before the pre-bid meeting). However, a copy of these documents are required to be uploaded along with un-priced bid in collaboration folder.

Bids complete in all respects should submitted on or before due date and time of Last date of Bid submission. Bids can not be submitted after the due date and time. Only the Bid submitted on our E-tendering system will be considered for evaluation. Physical Bids sent through Fax/E-mail/Courier/Post will not be accepted.

5 GENERAL 5.1 This is a ZERO Deviation Bidding Document. Bidder is to ensure compliance of all provisions of the Bidding Document

and submit their bid accordingly. Bids with any deviation to the bid conditions shall be liable for rejection.

5.2 Bid document is non-transferable. 5.3 Bids must be accompanied with Bid Security as mentioned above in the form of Demand Draft/ Bankers Cheque/ Bank

Guarantee/ Letter of Credit. Bidders shall ensure that Bid Security having a validity of two months beyond the required validity of bid, must accompany the bid in the format made available in the Bid Document. Bids not accompanied with




Tender fee & Bid Security in requisite form & value shall be summarily rejected. Bid Security and tender fee to be submitted as per addendum to Instruction to Bidders of Bid Document. However, the firms registered with NSIC (under its Single Point Registration Scheme) will be exempted from the payment of tender fee provided they are registered for the items they intend to quote against GAIL tenders. The Government departments / PSUs are also be exempted from the payment of tender fee. Further, No earnest money / bid security will be necessary from Public Sector Undertakings and the firms registered with NSIC provided they are registered for the items they intend to quote against the GAIL tender. Small Scale Industries units registered with the NSIC, under its Single Point Registration Scheme, shall be exempted from submission of EMD/Bid Security.

5.4 GAIL will not be responsible for cost incurred in preparation and submission of bids.

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

5.6 Purchase preference to Central Public Sector Undertakings as admissible under the prevailing Government of India policy shall be applicable.

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

5.8 Acknowledgement cum Consent Letter On receipt of tender document/information regarding the tender, Bidder shall acknowledge the receipt and confirm his intention to bid or reasons for non-participation against the enquiry/tender through e-mail/fax to concerned executive in GAIL issued the tender, by filling up the Format attached at Appendix-A below.

THIS IS NOT AN ORDER.

for & on behalf of GAIL (India) Limited

SR. MANAGER(C&P)




Appendix-A To

Incharge (C&P) GAIL (India) Ltd B-35&36, Sector-1, Noida Email : [email protected] Fax:0091-(11) 26185941/26182126.

Sub: e-Tender No.8000002614 (Bid Document No.GAIL/NOIDA/C&P/10091) for SAP Functional Up-gradation and Implementation of GRC, E-recruitment and Other New Packages for GAIL(I) Ltd

Dear Sir,

We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/job and/or the information regarding the subject tender. o We intend to bid as requested for the subject item/job and furnish following details with respect to our quoting office:

Postal Address with Pin Code : . Telephone No. : . Fax No. : Contact Person : E-mail Address : . Mobile No. : . Date : Seal/Stamp :

o We are unable to bid for the reasons given below:

Reasons for non-submission of bid:

1. 2. 3.

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




Annexure A1

Proforma of Letter of Support from Parent/Holding Company

(This letter should be on the letterhead and should be signed by a person competent and having power to issue such

undertaking) Ref. No. Date:____________ GAIL (INDIA) LTD. INFOHUB, B-35 & 36, Sector-1, Noida-201301 (U.P.) Attn: Dy.General Manager (C&P) Subject: Invitation for Bids for SAP Functional Up-gradation and Implementation of GRC,

E-recruitment and Other New Packages for GAIL(I) Ltd BID DOCUMENT NO. : Dear Sirs, This has reference to the subject enquiry sent to our Business Subsidiary/holding company M/s We are pleased to inform you that our .% owned Indian subsidiary i.e. M/s having their corporate office at will be participating in the said tender and shall be corresponding/interacting with you in connection with subject job/services. As required in clause of the RFQ, we, M/s .constituted under the laws of ..(country) and having principal office at undertake to provide full financial and technical support to M/s.. for execution of job/services under the subject tender in the event of their being awarded with the job/services. We are pleased to inform you that the experience, knowledge base and all resources including technical and financial, available with us for the said services shall be fully transferable and accessible to M/s.. for the tendered job/services. This letter is being issued by authorised/competent person on behalf of M/s. Yours faithfully, Signature........................................... Name & Designation.........................




CUT OUT SLIP DO NOT OPEN

(FOR ORIGINAL BID SECURITY, ORIGINAL TENDER FEE AND POWER OF ATTORNEY ONLY )

PROJECT : SAP Functional Up-gradation and Implementation of GRC, E-recruitment and Other New Packages for GAIL(I) Ltd

BID DOCUMENT NO. : GAIL/NOIDA/C&P/10091 (e-Tender No.8000002614) DUE DATE & TIME : 03.03.2011 upto 14:00 Hrs

FROM: TO:

M/s In-Charge (C&P) GAIL (INDIA) LIMITED B-35 & 36, Sector-1, Noida -201301, (INDIA)

(TO BE PASTED ON THE ENVELOPE CONTAINING BID SECURITY, TENDER FEE AND POWER OF ATTORNEY ONLY)




SECTION - II

INSTRUCTIONS TO BIDDERS (ITB), ADDENDUM TO ITB FOR e-TENDERING

AND

FORMS & FORMATS




Instructions to Bidders (ITB)

Table of Contents

A. General 1. Scope of Bid 2. Eligible Bidders 3. Bid Evaluation Criteria 4. Bids from Consortium / Joint Venture 5. One Bid per Bidder 6. Cost of Bidding 7. Site Visit

B. Bidding Documents 8. Content of Bidding Documents 9. Clarification of Bidding Documents 10. Amendment of Bidding Documents

C. Preparation of Bids 11. Language of Bid 12. Documents Comprising the Bid 13. Bid Prices 14. Bid Currencies 15. Bid Validity 16. Bid Security 17. Pre-Bid Meeting 18. Format and Signing of Bid 19. Zero Deviation 20. E-Payment 21. Agent/Consultant/Representative/Retainer/Associate

D. Submission of Bids 22. Sealing and Marking of Bids 23. Deadline for Submission of Bids 24. Late Bids 25. Modification and Withdrawal of Bids E. Bid Opening and Evaluation 26. Bid Opening 27. Process to be Confidential 28. Contacting the Employer 29. Examination of bids and Determination of Responsiveness 30. Correction of Errors 31. Conversion to Single Currency for Comparison of Bids 32. Evaluation and Comparison of Bids 33. Preference for Domestic bidders 34. Purchase Preference 35. Compensation for Extended Stay F. Award of Contract 36. Award 37. Employers Right to Accept any bid and to Reject any or all Bids 38. Notification of Award 39. Signing of Agreement 40. Contract Performance Security 41. Corrupt or Fraudulent Practices 42. Integrity Pact 43. Taxes & Duties 44. Service Tax 45. Contract Value 46. Income tax Liability 47. Termination Clause.




Section-II Instructions to Bidders

A. General

1. Scope of Bid 1.1 The Employer, as defined in the General Conditions of Contract, hereinafter the Employer, wishes to receive bids for the Supply/Work as described in this tender document, hereinafter referred to as the Works.

1.2 The successful bidder will be expected to complete the Supply/Works/Services within the period stated in Special Conditions of Contract.

1.3 Throughout these bidding documents, the terms bid and tender and their derivatives

(bidder/ tendered, 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 duly executed power of attorney authorizing the

signatory of the bid to bind the bidder. 2.2 This invitation for bid is open to any bidder. 2.3 A bidder shall not be affiliated with a firm or entity

(i) that has provided consulting services related to the Works to the Employer during the preparatory stages of the Works or of the Project of which the Works form a part, or

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

2.4 The bid should be from actual manufacturers. The bids from sole selling agents /

authorized distributors/ authorized dealers/ authorized supply houses can also be considered, provided such bids are accompanied with back-up authority letter from the concerned manufacturers who authorize them to market their product, provided further 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 be provided by such supplier

2.5 The bidder shall not be under a declaration of ineligibility by Employer for corrupt or

fraudulent practices as defined in ITB. 2.6 While evaluating the bids, pursuant to Bid Evaluation Criteria as specified in the claue

no.3 of ITB, bidders past performance shall also be assessed for ascertaining the responsiveness 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/GAILs PMCs.

3. Bid Evaluation Criteria

Refer IFB Clause No.1

4. Bids from Joint Venture / Consortium

Not applicable.

5.

One Bid per Bidder

5.1 A firm shall submit only one bid in the same bidding process. 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.

6.

Cost of Bidding

6.1 The bidder shall bear all costs associated with the preparation and submission of the bid, including costs and expenses related to visits to the site and GAIL will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

7. Site Visit 7.1 The bidder is advised to visit and examine the Site of Works and its surroundings

and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the bidders own expense. Claims and objections due to ignorance of existing conditions will not be considered after submission of the bid and during implementation.




7.2 The bidder and any of its personnel or agents will be granted permission by the Employer to enter upon its premises and lands for the purpose of such visit, but only upon the express condition that the bidder, its personnel, and agents will release and indemnify the Employer and its personnel and agents from and against all liability in respect thereof, and will be responsible for death or personal injury, loss of or damage to property, and any other loss, damage, costs, and expenses incurred as a result of the inspection.

7.3 The Employer may conduct a Site visit concurrently with the pre-bid meeting.

B. Bidding Documents

8. Content of Bidding Document

8.1 The Bidding Documents/Tender Documents are those stated below and should be read in conjunction with any addenda issued in accordance with ITB Clause 10.

Section I. Notice Inviting Tender (NIT) Invitation for Bid (IFB) Cut out slips Section II. Instruction to Bidders and its addendum for e-tendering Forms & Formats Section III. General Conditions of Contract Section IV. Special Conditions of Contract Section V. Scope of Work and Technical details Section VI. Schedule of Rates in SRM

8.2 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 submission of a bid not substantially responsive to the bidding documents in every respect will be at bidders risk and may result in the rejection of his bid.

9. Clarification of

Bidding Documents

9.1 A prospective bidder requiring any clarification(s) of the Bidding Documents may notify GAIL in writing or by fax or e-mail at GAILs mailing address indicated in the Invitation for Bids not later than 15 days prior to the deadline. GAIL may, if deem appropriate, respond in writing to the request for clarification. Written copies 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. Any Clarification or information required by the bidder but same not received by the Employer, fifteen days prior to the bid due date, the same is liable to be considered as no clarification/information required.

[In case there is provision of pre-bid conference, 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.]

10. Amendment of

Bidding Documents

10.1 At any time prior to the bid due date, GAIL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the bidding documents.

10.2 The amendment will be notified in writing or by fax or e-mail to all prospective bidders, at the address, fax numbers, e-mail id provided by the bidder, who have received the Bidding Documents and will be binding on them.

In order to afford prospective bidders, reasonable time in which to take the amendment into account in preparing their bids, GAIL may, at its discretion, extend the bid due date.




D. Preparation of Bids

11. Language of Bid The bid prepared by the bidder and all correspondence/drawings and documents relating to the bid exchanged by bidder and GAIL shall be written in English language. Any printed literature furnished by the bidder may be written in another language so long as accompanied by an ENGLISH translation duly authenticated by the chamber of commerce of Bidders country, in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern. Metric measurement system shall be applied.

12. Documents Comprising the Bid (Changed to the extent of e-tendering- please refer Addendum to ITB)

12.1 The bid prepared by the bidder shall comprise the following components: 12.2 Part-I: Techno-commercial /Un-priced Bid (to be submitted in e-tender mode at

Collaboration folder) and shall contain the following:

i) Covering letter (on letter head) indicating offer No. & Date ii) All documents as per List of enclosures mentioned in Format F-3 iii) Duly Notarised Documents in support for qualification of BEC as given at ITB Clause

3.0 iv) Power of Attorney/Authority letter from competent official in favour of person(s)

signing the bid digitally that such person (s) is/are authorized to sign the bid, reply the queries and signing the contract on behalf of the bidder and any consequence resulting due to such signing shall be binding on the bidder.

v) Bidders Declaration that they are not under liquidation, court receivership or similar proceedings

vi) Bidders declaration that they have not been put on Holiday/Blacklisted by GAIL/Other PSU/Govt. Organisations/any Project management consultant (PMC) of GAIL like EIL, Mecon, Tractebel, J P Kenny etc.

vii) An undertaking by bidder that contents of the bidding document have not been altered or modified, in case bid document is down loaded from GAIL website.

viii) Duly notarised documents in support for bidders eligibility to Bid Evaluation Criteria (BEC) which includes technical & financial documents as prescribed in BEC.

ix) Any other information / details / documents required for Bid Evaluation Criteria and other requirements as per bid document including serial nos 12.2.1 & 12.2.2 below & its amendment, if any.

Note: All uploaded documents are required to be Digitally signed by authorized person

of the bidder. 12.2.1 Documents establishing Bidders eligibility and qualification of Bid Evaluation

Criteria Pursuant to evaluation Criteria specified in Bid Document, the bidder shall furnish all necessary supporting documentary evidence to establish the bidders claim of meeting Bid evaluation criteria.

a) The bidder shall furnish, as part of his bid, documents establishing the bidders

eligibility to bid and its qualification to perform the contract if its bid is accepted.

b) The documentary evidence of the bidders qualifications to perform the contract if his bid is accepted, shall establish to the PURCHASERS satisfaction :

i) that, in the case of a Bidder offering to supply goods under the contract which

the Bidder did not manufacture or otherwise produce, the Bidder has been duly authorized by the goods Manufacturer or producer to supply the goods in the Purchasers country;

ii) that the Bidder has the financial, technical and production capacity necessary to

perform the contract; iii) that, in case of a Bidder not doing business within the Purchasers country, the

Bidder is or will be if awarded the contract) represented by an Agent in that country equipped and able to carry out the Suppliers maintenance, repair and spare parts-stocking obligations prescribed in the Conditions of Contract and/or Technical Specifications. This clause not applicable.

c) The PURCHASER will determine to its satisfaction whether the bidder selected as

having submitted the lowest evaluated, responsive bid is qualified to satisfactorily perform the contract. An affirmative determination will be pre-requisite for award of the Contract.




12.2.2 Documents establishing Goods eligibility and conformity to Bid Document

a) Pursuant to ITB, 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.

b) The documentary evidence of the goods and services conformity to the Bidding

Documents may be in the form of literature, drawings or data, and shall furnish:

i) detailed description of the essential technical and performance characteristics

of the goods;

ii) a clause-by-clause commentary on the EMPLOYERS Technical specifications demonstrating the goods and services substantial responsiveness to the specifications.

i. For purpose of the commentary to be furnished under Clause b) above, the bidder

shall note that standards for workmanship, material and 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.

12.3 Part II : Price Bid (to be submitted in e-tender mode at SRM) :

Part-II shall contain Schedule of Rates in prescribed format duly filled in and duly signed and no conditions what so ever.

12.4 Part III : Bid Security, Tender fee and Power of Attorney (to be submitted

physically)

Part-III shall contain original Bid security, Tender fee (if not submitted on or before the time of pre-bid meeting) and Power of Attorney (in favour of the person who have signed the bid document digitally) in sealed envelope pasted with corresponding Cut - Out Slip.

13. Bid Prices (Changed

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

13.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole works as described in Bidding Document, based on the unit rates and prices submitted by the Bidder and accepted by the EMPLOYER.

The prices quoted by the Bidders will be inclusive of all taxes, duties, royalties, rights for

usage / obligation of proprietary tools. 13.2 Prices must be filled in format for Schedule of Rates enclosed as part of Bidding

Document. If quoted in separate typed sheets and any variation in item description, unit or quantity is noticed; the bid is liable to be rejected.

13.3 Bidder shall quote for all the items of Schedule of Rates after careful analysis of cost

involved for the performance of the completed item considering all parts of the Bidding Document. In case any activity though specifically not covered in description of item under Schedule of Rates but is required to complete the works as per Scope of Work, Scope of supply, Specifications, Standards, Drawings, General Conditions of Contract, Special Condition of Contract or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity. Items against which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the rates for other items and prices in the SOR.

13.4 All Indian Bidders shall quote their Prices inclusive of all Taxes & duties except service tax.

13.5 All duties and taxes including applicable Custom duty, and other levies payable by the

Contractor/Supplier under the Contract, or for any other cause, shall be included in the rates and prices and the total bid price submitted by the bidder.

13.6 Prices quoted by the bidder, shall remain firm and fixed and valid until completion of the

Contract and will not be subject to variation on any account except statutory variations . Statutory variation if any during the contract completion period shall be reimburse by

GAIL if the same has been declared by the bidder in SOR format- 1-B to 1-E else the same shall be not be reimbursed




13.7 Alternative bids shall not be considered.

13.8 Conditional discount, if offered shall not be considered for evaluation.

14. Bid Currencies is amended to the extent as follows : To be quoted only in Indian Rupees as per SOR format

14.1 Indian Bidders may submit bid in any currency (including Indian Rupees) and receive payment in such currencies on par with foreign bidders. N/A

14.2 Currency once quoted will not be allowed to be changed. EMPLOYER shall not be compensating for any exchange rate fluctuation. N/A

14.3 Foreign Bidders may submit bid in the home currency of bidder's country or in US Dollars / EURO or any other currency. N/A

14.4 A bidder expecting to incur a portion of his expenditure in the performance of contract in more than one currency (limited to maximum two currencies) and wishing to be paid accordingly shall so indicate in the bid. In such a case, the bid shall be expressed in different currencies with the respective amounts in each currency together making up the total price. N/A

15. Bid Validity 15.1 Bids shall be kept valid for 3 months from the final bid due date. A bid valid for a shorter

period may be rejected by GAIL as non-responsive. 15.2 In exceptional circumstances, prior to expiry of the original bid validity period, the

Employer may request that the bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by fax / e-mail. A bidder may refuse the request without forfeiture of his bid security. A bidder agreeing to the request will not be 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 Clause 16 in all respects.

16. Bid Security

(Changed to the extent of e-tendering- please refer Addendum to ITB)

16.1 Pursuant to Clause-12, the bidder shall furnish, as part of his bid, bid security in the amount specified in the Invitation for Bids (IFB).

16.2 The bid security is required to protect GAIL against the risk of bidders conduct which

would warrant the securitys forfeiture, pursuant to Clause-16.7

16.3 The bid security in US Dollars for bidders quoting in foreign currency or in Indian Rupees for bidders quoting in Indian Rupees shall be in the form of a Bank Draft/ Bankers Cheque/ Bank Guarantee or Letter of Credit.

GAIL shall not be liable to pay any bank charges, commission or interest on the amount of Bid Security.

In case Bid Security is in the form of a Bank Guarantee or irrevocable Letter of Credit, the same shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank in case of Indian bidder and from any reputed International bank or Indian scheduled bank in case of foreign bidder. However, in case of Bank Guarantee from banks other than the Nationalised Indian banks, the bank must be commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. Bid Security shall be valid for 2 months beyond the validity of the Bid.

16.4 Any bid not secured in accordance with Clause-16.1 and 16.3 may be rejected by GAIL as non-responsive.

16.5 Unsuccessful bidders bid security will be discharged/returned as promptly as possible, but

not later than 30 days after the expiration of the period of bid validity prescribed by GAIL, pursuant to ITB Clause-15.

16.6 The successful bidders bid security will be discharged upon the bidders accepting the award & signing the Agreement, pursuant to Clause-39 and furnishing the Contract Performance Security pursuant to Clause-40.

16.7 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 Notification of Award/Fax of Intent (FOI) or




ii) to furnish Contract Performance Security in accordance with Clause-40. iii) to accept arithmetical corrections.

16.8 Bid Security should be in favour of GAIL (India) Limited and addressed to GAIL. In case

Bid Security is in the form of Bank Guarantee or Letter of Credit, the same must indicate the Bid Document and the work for which the bidder is quoting. This is essential to have proper co-relation at a later date. The Bid Security shall be in the form provided at F-4 (Bank Guarantee) or F-4A (Letter of Credit).

16.9 For Indian Bidders : Central Public Sector Undertakings of Government of India and firms registered with NSIC are exempted from furnishing bid security provided they are registered for the quoted items upto the monetary limit they intend to quote and subject to their enclosing with their bid a copy of the latest and current Registration Certificate.

17. Pre-Bid Meeting

17.1 The bidder (s) or his authorised representative are invited to attend the pre-bid meeting

which will take place at GAIL (India) Ltd., B-35 & 36, Sector-1, Noida -201301. Bidders representative shall carry Authority letter as per Format F- 5 attached in the Bid Document.

17.2 The purpose of meeting will be to clarify issues and to answer queries on any matter that

may be raised at that stage. 17.3 The bidder is requested, as far as possible, to submit any queries by courier or by fax to

reach Employers office not later than two days before the meeting. All communication must be addressed to GAIL (India) Limited, B-35 & 36, Sector-1, Noida -20130, India. It may not be practicable at the meeting to answer queries received late, but queries and responses/clarifications will be transmitted in accordance with the following sub-clause.

17.4 The text of the queries raised and the responses given, together with any responses

prepared after the meeting will be transmitted without delay (without identifying the sources of the questions) to all the prospective bidders as per records available to PURCHASER and will also be uploaded on GAILs website. Any modifications of the bidding documents listed in clause 8 that may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an addendum pursuant to clause no. 10 of ITB and not through the minutes of the pre-bid meeting

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

bidder.

18. Format and Signing of Bid

18.1 The original of the bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the bidder. The name and position held by each person signing, must be typed or printed below the signature. All pages of the bid except for un-amended printed literature where entries or amendments have been made shall be initialled by the person or persons signing the bid (changed to the extent of e-tendering please refer addendum to Instruction to Bidders) .

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

19. Zero Deviation 19.1 Bidders to note that this is a zero deviation tender. GAIL will appreciate submission of

offer based on the terms and conditions in the enclosed General Conditions of Contract (GCC), Special Conditions of Contract (SCC), Instructions to Bidders (ITB), Scope of Work, technical specifications etc. to avoid wastage of time and money in seeking clarifications on technical/ commercial aspects of the offer. Bidder may note that no technical and commercial clarifications will be sought for after the receipt of the bids. Bids with any deviation to the bid conditions shall be liable for rejection.

In any case, no exception or deviation shall be accepted to the following stipulations/conditions of Bidding document, failing which the bid shall be considered non-responsive and shall be liable for rejection

Firm Price (However subjected to variation as per Price Variation Clause of SCC) Special Conditions of Contract , Scope of Work, specifications and Technical details Schedule of Rates Period of Contract / delivery Schedule Force Majeure Performance Bank Guarantee/Security Deposit (if applicable) Guarantee of material/work Price Reduction Schedule (PRS) for delay in delivery.




Validity of bid. Bid Security & Tender fee Arbitration / Resolution of Dispute Applicable Laws Non-signing of Integrity Pact Any other condition specifically stated in the Bid Document elsewhere that non-

compliance of the clause lead to rejection of the Bid conditions shall be liable for rejection.

20. E-Payment 20.1 GAIL (India) Limited has initiated payments to suppliers and contractors 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 work is awarded to him. Further, the bidder should give the details of his bank account in any one of the above banks to facilitate payment through e-banking in case of award of work on him.

All payments against the contract shall be released by SR.MANAGER(F&A) GAIL, Noida, India. The invoices must be addressed to: DY. GENERAL MANAGER(F&A), GAIL (India) Limited, B-35&36, Sector-1 Noida-201301

Bidders have to furnish details of their bank account (HDFC/ICICI/SBI of any bank) in the following format: a. Account no. b. Account Type c. Bank Name d. Branch Name and Address e. Branch Code f. MICR Code g. PAN GAIL shall release all payment compulsorily thru Electronic media (i.e. E-banking), hence bidder are advised to open their account with SBI/HDFC/ICICI Bank immediately if not opened and inform GAIL, so that bill payments can be credited directly to their respective account.

21. Agent/

consultant/ Representative/ Retainer/ Associate

21.1 GAIL would prefer to deal directly with the manufacturers/ principals abroad but in case they decide to have their Agent/Consultant/ Representative/Retainer/Associate in India and pay commission for their services against a particular tender it should be bare minimum and the principal would have to certify that such a commission is commensurate with the services rendered to them by such an Agent/ Consultant/ Representative/ Retainer/ Associate in India. The principal will also have to broadly list out services to be rendered by the Agent/Consultant/ Representative/ Retainer/ Associate in India.

21.2 In the event bidder is having as Agent/ Consultant/ Representative/ Retainer/ Associate/

servicing facilities in India (who is not an employee of the bidder) the bidder should indicate in their offer the name of such an Agent/ Consultant/ Representative /Retainer /Associate, they have for services in India. The bidder must also indicate clearly the commission payable to the Agent/Consultant/ Representative/ Retainer/Associate in rupees in terms of Agreement (enclosing copy of the same). The bidder, in his bid will indicate the nature and extent of service to be provided by such an Agent/Consultant/ Representative/Retainer/Associate on behalf of the bidder and also remuneration therefore provided in the price, as a separate item, quoted by the bidder to GAIL. Such remuneration/commission will be paid by GAIL in non-convertible Indian currency in India. Should it be established at any subsequent point of time that the above statement of the bidder is not correct or that any other amount of remuneration/commission either in India or abroad is being paid to any one (who is not an employee of the bidder), the bidder would be liable to be debarred from participating in the future tenders of GAIL. Failure to give such information will lead to rejection of the offer.

The following particulars will also be furnished by the bidder:

(i) The precise relationship between the foreign manufacturer/principal and their Agent/Consultant/ Representative/Retainer/Associate in India.

(ii) The mutual interest which the manufacturer/principal and the Agent/ Consultant/

Representative/ Retainer/Associate in India have in the business of each other.




(iii) Any payment which the Agent/ Consultant/ Representative/ Retainer/ Associate receives in India or abroad from the manufacturer/principal whether as a commission for the contract or as a general fee.

(iv) Permanent Income Tax number of Agent/ Consultant/ (v) Permanent income tax account number of foreign supplier.

(vi) All services to be rendered by the Agent/ Consultant/ Representative / Retainer/Associate .

Note :Tenders which do not comply with the above stipulations are liable to be ignored.

21.3 Overseas bidder should send their bids directly and not through Agent/

Consultant /Representative / Retainer /Associate. Bid(s) made by Agent/Consultant/Representative/Retainer/Associate shall be rejected. Agent/ Consultant/ Representative/ Retainer / Associate of the overseas manufacturers/suppliers are, however, permitted to purchase biding documents and attend bid opening provided such as Agent/ Consultant/ Representative/Retainer/Associate has a power of attorney/letter of authority setting out very clearly his role, which will be limited to such areas of activity as purchase of bidding documents, attending of bid opening and claiming of payment for their services, provided further that such a power of attorney/letter of authority is submitted to GAIL in advanced for scrutiny and acceptance or otherwise. Representative/ Retainer/ Associate in India.

D. Submission of Bids

22. Sealing and Marking of Bids (Changed to the extent of e-tendering- please refer Addendum to ITB)

22.1 Bid shall be submitted in the following manner:

Part I - Techno-commercial/ unpriced Bid Part II - Priced Bid Part III Original Bid Security, Power of Attorney and Tender Fee

22.2 Part 'I' shall contain original UNPRICED BID complete with all technical and

commercial details other than price (with prices blanked out and copies of bid security).

22.3 Part 'II' PRICED BID shall be submitted in original (SRM) with duly filled in Schedule

of Rates. Part III BID SECURITY, TENDER FEE (if not submitted earlier) and POWER OF

ATTORNEY in original shall be submitted sealed in a envelope duly pasted with the corresponding cut-out slip enclosed.

22.5 If the envelope containing Bid Security and Power of Attorney is not sealed and

pasted with the corresponding cut-out slip, GAIL will assume no responsibility for the Bid's misplacement or premature opening. Envelope shall also contain name & address of the bidder.

22.6 Bids must be received on the e-tender web site of Purchaser. Original of Bid Security and Power of Attorney only can be received at the following Address : In-Charge(C&P) GAIL (India) Limited, B-35 & 36, Sector-1, Noida -201301,India

22.6.1 Each bidder shall submit only one bid. A bidder who submits more than one bid will be rejected.

23. Deadline for

Submission of Bids (Changed to the extent of e-tendering- please refer Addendum to ITB)

23.1 Bids must be received by GAIL at the address specified in the Invitation for Bids (IFB) not later than the date and time stipulated in the IFB.

23.2 GAIL may, in exceptional circumstances and at its discretion, on giving reasonable notice by fax or any written communication to all prospective bidders who have been issued the bid documents, extend the deadline for submission of bids, in which case all rights and obligations of GAIL and the bidders, previously subject to the original deadline will thereafter be subject to the deadline as extended.




24. Late Bids 24.1 Any bid received by GAIL after the deadline for submission of bids prescribed on main

body of IFB will 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 bid submission but before the due date for submission, provided that written notice of the modification/withdrawal is received by GAIL prior to the deadline for submission of bids.

25.2 The modification shall also be prepared, sealed, marked and despatched in accordance with the provisions of Clause 22, with the outer and inner envelopes additionally marked modification or withdrawal, as appropriate. A withdrawal notice may also be sent by telex or cable, 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 the deadline for

submission of bids and the expiration of the period of bid validity specified by the bidder on the Bid Form. Withdrawal of a bid during this interval shall result in the bidders forfeiture of his bid security pursuant to Sub-Clause 16.7.

E. Bid Opening and Evaluation

26. Bid Opening (Changed to the extent of e-tendering- please refer Addendum to ITB)

26.1 Unpriced Bid Opening : GAIL will open bids, including withdrawals and modifications made pursuant to Clause

25, in the presence of bidders designated representatives who choose to attend, at date, time and location stipulated in the IFB. The bidders representatives, who are present shall sign a bid opening register evidencing their attendance.

26.2 Priced Bid Opening: 26.2.1 GAIL will open the price bids of those bidders who meet the qualification requirement

and whose bids is determined to be technically and commercially responsive. Bidders selected for opening of their price bids shall be informed about the date of price bid opening. Bidders may depute their authorized representative to attend the opening. The bidders representatives, who are present shall sign a register evidencing their attendance.

26.2.2 The price bids of those bidders who were not found to be techno-commercially responsive shall be returned unopened after opening of the price bids of techno-commercially responsive bidders.

27. Process to be

Confidential 27.1 Information relating to the examination, clarification, evaluation, and comparison of

bids, and recommendations for the award of a contract, shall not be disclosed to bidders or any other persons officially concerned with such process. Any effort by a bidder to influence the Employers processing of bids or award decisions may result in the rejection of the bidders bid.

28. Contacting the

Employer 28.1 From the time of bid opening to the time of Contract award, if any bidder wishes to

contact the Employer on any matter related to the bid, it should do so in writing.

28.2 Any effort by the bidder to influence the Employer in the Employers bid evaluation, bid comparison, or Contract award decisions may result in the rejection of the bidders bid.

29. Examination of bids and Determination of Responsiveness

29.1 Prior to the detailed evaluation of bids, the Employer will determine whether each bid (a) meets the Bid Evaluation Criteria; (b) has been properly signed; (c) is accompanied by the required securities; (d) is substantially responsive to the requirements of the bidding documents;

and (e) provides any clarification and/or substantiation that the Employer may

require to determine responsiveness pursuant to Sub-Clause 29.2. 29.2 A substantially responsive bid is one which conforms to all the terms, conditions and

specifications of the bidding documents without material deviations or reservations. A material deviation or reservation is one

(a) that affects in any substantial way the scope, quality, or performance of the




Works;(b) that limits in any substantial way, inconsistent with the bidding documents,

the Employers rights or the bidders obligations under the contract; or (c) whose rectification would affect unfairly the competitive position of other

bidders presenting substantially responsive bids. 29.3 If a bid is not substantially responsive, it will be rejected by the Employer and may

not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

30. Correction of Errors

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

(a) where there is a discrepancy between the amounts in words and in figures, the

amount in words will govern; and (b) where there is a discrepancy between the unit rate and the total resulting from

multiplying the unit rate by the quantity, the unit rate as quoted will govern. 30.2 The amount stated in the bid will be adjusted by the Employer in accordance with

the above procedure for the correction of errors and, with the concurrence of the bidder, shall be considered as binding upon the bidder. If the bidder does not accept the corrected amount of bid, its bid will be rejected, and the bid security shall be forfeited.

31. Conversion to

Single Currency for Comparison of Bids - Not applicable for this tender

31.1 To facilitate evaluation and comparison, GAIL will convert all bid prices expressed in the amounts in various currencies in which bid price is payable, to Indian Rupees at the Bill Collection selling rates of Foreign Exchange as declared by State Bank of India a day prior to priced bid opening.

31.2 Evaluation and comparison of prices of previously determined substantially responsive bids shall take into account stipulations given in Article 32 .

32. Evaluation and

Comparison of Bids

32.1 As mentioned in Invitation for bids (Refer IFB / RFQ)

33. Preference for Domestic Bidders

33.1 Deleted

34. Purchase Preference

34.1 Purchase Preference to Central Government Public Sector Undertakings shall be allowed as per government guidelines in vogue.

35. Compensation for

extended stay 35.1 Deleted

F. Award of Contract

36. Award 36.1 Subject to Clause 29, GAIL will award the contract to the successful bidder whose bid

has been determined to be substantially responsive and has been determined as the lowest, is determined to be qualified to satisfactorily perform the contract.

37. Employers Right

to Accept Any Bid and to Reject Any or All Bids

37.1 GAIL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders or any obligations to inform the affected bidder or bidders of the ground for GAILS ACTION.

38. Notification of

Award 38.1 Prior to the expiration of period of bid validity GAIL will notify the successful bidder

in writing by fax, cable or telex to be confirmed in writing, that his bid has been accepted. The notification of award / Fax of Intent will constitute the formation of the Contract.

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

The notification of award will constitute the formation of a Contract, until the Contract has been effected pursuant to signing of Contract as per Clause 39 of ITB.

Upon the successful bidders furnishing of contract performance security, pursuant to Clause 40 of ITB, GAIL will promptly notify each unsuccessful bidder and will discharge his bid security, pursuant to Clause 16 of ITB.




39. Signing of

Agreement 39.1 GAIL will award the Contract to the successful bidder, who, within 15 days of receipt

of the same, shall sign and return the acceptance copy to GAIL. 39.2 The successful bidder shall be required to execute an AGREEMENT in the proforma

given in of this standard bidding document on non-judicial paper of appropriate value (the cost of stamp paper shall be borne by the Contractor), within 15 days of the receipt by him of the Notification of Acceptance of Tender. In the event of failure on the part of the successful bidder to sign the AGREEMENT within the above stipulated period, the Bid Security shall be forfeited and the acceptance of the tender shall be considered as cancelled.

40. Contract

Performance Security/ Guarantee

40.1 Within 15 days of the receipt of the notification of award / Fax of Intent from GAIL, the successful bidder shall furnish the contract performance security/Guarantee in accordance with Article 24 of General Conditions of The Contract in the form provided in the bidding documents. The Contract Performance Security/Guarantee shall be in the form of either Bankers Cheque or Demand Draft or Bank Guarantee or Letter of Credit and shall be in the currency of the Contract.

40.2 The contract performance security shall be for an amount equal to 10% of the

value of the contract awarded excluding taxes & duties towards faithful performance of the contractual obligations and performance of equipment. This Bank Guarantee/DD/Letter of Credit shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank. However, in case of bank guarantees from banks other than the Nationalized Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. This bank guarantee shall be valid for a period as stated in Article-24 of General Conditions of Contract.

40.3 Failure of the successful bidder to comply with the requirements of this article shall

constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event GAIL may award the order to the next lowest evaluated bidder or call for new bids.

41. Corrupt or

Fraudulent Practices

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

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

i) corrupt practice means the offering, giving or soliciting of anything of

value to influence the action of a public official in the procurement process or in contract execution; and

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

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

for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

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

41.2 a) Bidder is required to furnish the complete and correct information/documents

required for evaluation of their bids. If the information/documents forming basis of evaluation is found to be false /forged, the same shall be considered adequate ground for rejection of the bids and forfeiture of Earnest Money Deposit.

b)In case, the information/document furnished by the vendor/contractor forming basis

of evaluation of his bid is found to be false/forged after the award of the contract, GAIL shall have full right to terminate the contract and get the remaining job




executed at the risk & cost of such vendor/contractor without any prejudice to other rights available to GAIL under the contract such as forfeiture of CPBG/Security Deposit, withholding of payment etc.

c) Incase this issue of submission of false document comes to the notice after

execution of work, GAIL shall have full right to forfeit any amount due to the vendor/contractor along with forfeiture of CPBG/Security Deposit furnished by the vendor/contractor.

d) Further, such bidder/vendor/contractor shall be put on Blacklist Holiday List of GAIL

debarring them from future business with GAIL.

42 Integrity Pact Bidder shall submit Integrity Pact (as enclosed at Format-F-11 of the Bid Document) duly signed along with un-priced part of their Bid. Bidder shall take a print of Integrity Pact and shall fill in the required details as required in above format. Bidder shall sign the Integrity Pact on each page and get it witnessed. Bidder shall submit the scanned copy of above duly signed & witnessed Integrity Pact. In absence of above, the bid as submitted by Bidder will be liable for rejection.

43 Taxes & Duties The Quoted rates should be inclusive of all taxes & duties applicable during the contract period except Service Tax and Education Cess and Higher Education Cess thereon.

44 Service tax (Refer Price schedule format)

45 Contract value The above contract value shall remain firm and fixed and valid till completion of the contract. No escalation on any account shall be payable, whatsoever may be the reason thereof

46 Income tax Liability

The bidder will have to bear all income tax liability, both Corporate as well as for his personnel.

47 Termination Clause

GAIL may, without prejudice to its right against the contractor in respect of any delay or otherwise or any claims for damage, in respect of any breach of the terms of the contract and without prejudice to any rights or remedies under any of the provisions of this contract or otherwise, by notice in writing absolutely terminate the contract with immediate effect in any of the following case:

a. In the event of the contractor going into liquidation or winding up his business or making arrangement with his creditors, GAIL shall have the right to terminate contract without prejudice to any other rights /remedies.

b. In the event, if it is found that contract has been procured by submitting

incorrect or incomplete statements by the contractor or by marking any misrepresentation.

c. If in the opinion of GAIL, the contractor has delayed or suspended the

execution of work, the facilities and vehicles etc., offered by the contractor to be inadequate for effective completion of the job.

d. In the event of any breach of the terms and conditions of the contract by

the contractor or if the contractor is found to be indulging in activity subversive to GAILs interest or activity prejudicial to the interests of GAIL and for any other good or sufficient reasons.

e. Up to such termination of the contract the security Deposit/Bank Guarantee

are liable to be forfeited/ invoked to satisfy the outstanding claims of GAIL.

Notwithstanding anything contained above, GAIL may, as its sole discretion, terminate this contract by giving the contractor 30 days written notice to the effect, without assigning any reasons whatsoever. Security deposit will be forfeited in case of termination of contract due to poor performance by the contractor.

The contract shall be deemed to have expired on expiry of the original period of two years unless extended.

During the currency of the contract, GAIL can order increase/ decrease in the qty. on the same rates, terms and conditions as stipulated in the contract and same shall be obligatory and binding on the contractor to execute any such order.




Addendum to ITB

Addendum to Instruction To Bidders

Instructions to Bidders for participation in e-Procurement

GAIL (India) Ltd., has developed a secured and user friendly system which will enable Vendors/Bidders to Search, View, Download tenders directly from GAIL (India) Ltd. secured website and also enables them to participate and submit Online Bids/Offers in the E-Procurement site directly from the website in secured and transparent manner maintaining confidentiality and security throughout the tender evaluation process and award. Bidders are requested to read following conditions in conjunction with various conditions, wherever applicable appearing with this bid invitation for e-Procurement. The conditions mentioned here in under shall supersede and shall prevail over the conditions enumerated elsewhere in the Bid Document. 1) HOW TO SUBMIT ON-LINE BIDS/OFFERS ELECTRONICALLY AGAINST E-PROCUREMENT TENDERS?

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

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

i) No Late and delayed Bids/Offers after due date/time shall be permitted in e-Tendering system. Time being

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

ii) Bidders are advised in their own interest to ensure that bids are uploaded in e-Procurement system well before the closing

date and time of bid.

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

iv) No Manual Bids/Offers shall be permitted. The offers submitted through e-tendering system shall only be considered for evaluation.

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

Vendors/Bidders must go to e-tender website https://etender.gail.co.in and logon using their user-id and password. In the case of vendors not possessing the User Id and Password , they can access through Guest Login as guest. This facilitates viewing of tenders in display mode in Collaboration folder (C Folder). If the vendor desires to download the NIT and attached e-tender at this stage, he may download the same for viewing free of cost. Note: All e-tender notices and Bid Documents are available only in soft copies such as Microsoft Word, Excel ,PDF files. For downloading / viewing PDF files use Adobe 6 Software utility which can be installed free of cost from Vendors home page link by any vendor onto his own computer.

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

To participate in Bid submission, it is Mandatory on the part of Vendor(s) to have User ID and Password. To obtain User ID and Password Vendor/Bidder must open https://etender.gail.co.in site and perform the following steps:

i) Click on button Request User ID (For new Bidders) ii) Fill the on line form and submit. Ensure that the email address given in the form is valid and active. If you have already

been provided with the Vendor Code of GAIL , please mention the 10 digit Vendor code in specified field , Otherwise leave blank.

iii) Ensure that all the mandatory fields( identified with a star mark) are filled in application form for User ID creation.

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

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

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

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




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

4) WHAT IS A DIGITAL SIGNATURE?

This is