GAIL (INDIA) LIMITED
Tender No:
GAIL/C&P/JPR19AV124/2019-20
(E-Tender No.- 8000015769)
BIDDING DOCUMENT FOR
HIRING OF PROFESSIONAL SERVICES OF CHARTERED
ACCOUNTANT FOR GST RELATED ISSUES AT JAIPUR
OFFICE
UNDER
"DOMESTIC COMPETITIVE BIDDING"
GAIL (INDIA) LIMITED
GAIL BHAWAN, SECTOR-6, VIDHYADHAR NAGAR
JAIPUR - 302023 (RAJASTHAN)
PH.: +91-141-2230545/2230347/2230698/5141025/023
FAX. +91-141-2230374
Corporate Identification Number: L40200DL1984GOI018976
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SECTION-I
INVITATION FOR BID
(IFB)
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SECTION-I
"INVITATION FOR BID (IFB)"
Ref No: GAIL/C&P/JPR19AV124/2019-20 Date: 03.10.2019
E-TENDER NO. 8000015769
To,
PROSPECTIVE BIDDERS
SUB: TENDER DOCUMENT FOR "HIRING OF PROFESSIONAL SERVICES OF
CHARTERED ACCOUNTANT FOR GST RELATED ISSUES AT JAIPUR
OFFICE".
Dear Sir/Madam,
1.0 GAIL (India) Limited [having registered office at 16, Bhikaji Cama Place, New Delhi
110066 CIN No. L40200DL1984GOI018976], the largest state-owned natural gas processing
and distribution company and the youngest Maharatna, invites bids from domestic bidders for
the subject job/works, in complete accordance with the following details and enclosed Tender
Documents.
2.0 The brief details of the tender are as under:
HIRING OF PROFESSIONAL SERVICES
NAME OF WORK / BRIEF SCOPE OF OF CHARTERED ACCOUNTANT FOR
(A)
WORK/JOB GST RELATED ISSUES AT JAIPUR
OFFICE
(B) TENDER NO. & DATE 8000015769 Dated 03.10.2019
SINGLE BID
SYSTEM X
TWO BID
(C) TYPE OF BIDDING SYSTEM
SYSTEM
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E-TENDER
(D) TYPE OF TENDER MANUAL
X
E-TENDER NO:8000015769
(E) COMPLETION/CONTRACT PERIOD TWO (02) YEARS
APPLICABLE
NOT APPLICABLE
(F)
BID SECURITY / EARNEST MONEY X
DEPOSIT (EMD)
Rs.30,400
(Refer clause no.16 of ITB)
From 01.10.2019 to 23.10.2019 (1400Hrs) on
following websites:
(i) GAIL's Tender Website
www.gailtenders.in
AVAILABILITY OF TENDER
(G)
DOCUMENT ON WEBSITE(S) (ii) Govt. CPP Portal -
https://eprocure.gov.in
GAIL's e-Procurement Portal(iii) (e-
Portal)- https://etender.gail.co.in
[in case of e-Tendering]
Date : 14.10.2019
Time : 11:30 Hrs
DATE, TIME & VENUE OF PRE-BID Venue :Conference Hall
(H)
MEETING GAIL (India) Limited
GAIL-Bhawan, Sector-6, Vidhyadhar Nagar
Jaipur:302023
Date : 23.10.2019
DUE DATE & TIME OF BID-
(I) Time : 14:00 Hrs.
SUBMISSION
DATE AND TIME OF UN-PRICED Date : 23.10.2019
(J)
BID OPENING Time : 15:00 Hrs.
Name : Aishwarya Verma
Designation:MANAGER (C&P)
(K) CONTACT DETAILS
Phone No. & Extn :0141-2230347/617/698
(Extn. 382)
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e-mail: aishwarya.verma@gail.co.in ;
rajeshkr@gail.co.in
In case of the days specified above happens to be a holiday in GAIL, the next working day shall be
implied.
3.0 Bids must be submitted strictly in accordance with Clause No. 11 of ITB depending upon Type of
Tender as mentioned at Clause no. 2.0 (D) of IFB. The IFB is an integral and inseparable part of the
bidding document.
4.0 In case of e-tendering, the following documents in addition to uploading in the bid on GAIL's e-
tendering website shall also be submitted in Original (in physical form) within 7 (seven) days from
the bid due date provided the scanned copies of the same have been uploaded in e-tender by the
bidder along with e-bid within the due date and time to the address mentioned in Bid Data
Sheet(BDS):-
i) EMD/Bid Security (if applicable)
ii) Power of Attorney
iii) Integrity Pact (if applicable)
5.0 In case of Manual Bids, bids complete in all respect should reach at the address specified in Bid
Data Sheet on or before the due date & time. Bids received after the due date and time is liable to be
rejected.
6.0 Bidder(s) are advised to quote strictly as per terms and conditions of the tender documents and not
to stipulate any deviations/exceptions.
7.0 Any bidder, who meets the Bid Evaluation Criteria (BEC) and wishes to quote against this
Tender Document, may download the complete Tender Document alongwith its amendment(s) if
any from websites as mentioned at 2.0 (H) of IFB and submit their Bid complete in all respect as
per terms & conditions of Tender Document on or before the Due Date & Time of Bid
Submission.
8.0 Bid(s) received from bidders to whom tender/information regarding this Tender Document has
been issued as well as offers received from the bidder(s) by downloading Tender Document from
above mentioned website(s) shall be taken into consideration for evaluation & award provided
that the Bidder is found responsive subject to provisions contained in Clause No. 2 of ITB.
The Tender Document calls for offers on single point "Sole Bidder" responsibility basis (except
where JV/Consortium bid is allowed pursuant to clause no. 3.0 of ITB) and in total compliance of
Scope of Works as specified in Tender Document.
9.0 Clarification(s)/Corrigendum(s) if any shall also be available on above referred websites. Any
revision, clarification, addendum, corrigendum, time extension, etc. to the this Tender Document
will be hosted on the above mentioned website(s) only. Bidders are requested to visit the website
regularly to keep themselves updated.
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10.0 All the bidders including those who are not willing to submit their bid are required to submit F-6
(Acknowledgement cum Consent letter) duly filled within 7 days from receipt of tender
information.
11.0 SAP generated Request for Quotation (RFQ), if any shall also form an integral part of the Tender
Document.
12.0 GAIL reserves the right to reject any or all the bids received at its discretion without assigning any
reason whatsoever.
This is not an Order.
For & on behalf of
GAIL (India) Limited
(Authorized Signatory)
Name : Aishwarya Verma
Designation : MANAGER (C&P)
E-mail ID : aishwarya.verma@gail.co.in
Phone No. & Extn :0141-2230347/617/698 (Extn. 382)
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DO NOT OPEN - THIS IS A QUOTATION
Bid Document No. : GAIL/C&P/JPR19AV124/2019-20
(E-Tender No.- 8000015769)
Description : HIRING OF PROFESSIONAL SERVICES OF
CHARTERED ACCOUNTANT FOR GST
RELATED ISSUES AT JAIPUR OFFICE
Due Date& Time : Date : 23.10.2019 Time : 14:00 Hrs.
From: To:
.......................................... .........................................................
..........................................
.........................................................
(To be pasted on the envelope containing Bid (in case of Manual Tendering)/ Physical
documents (in case of e-Tendering)
=======================================
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SECTION-II
BID EVALUATION
CRITERIA &
EVALUATION
METHODOLOGY
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SECTION-II
BID EVALUATION CRITERIA & EVALUATION METHODOLOGY
BID EVALUATION CRITERIA:
Bidders should furnish the documents in support of the following Bid Evaluation
Criteria, failing which the offer shall not be considered for further evaluation:
1. TECHNICAL CRITERIA
Bidder shall have experience of having executed at least a single order/
contract of "GST related services like preparation of GST returns/ GST
data reconcilation/ GST Audit/ any other GST related assignments" in
any Govt./ Semi Govt./ PSU/ MNC/Public Limited Company/ Private Limited
Company* of value not less than Rs.4.48 Lac.
* Private Limited Company must have annual turnover of atleast Rs.100 Cr.
Documentary proof regarding the same must be submitted along witht he bid.
Documentary proof in the form of copy of Work Order/ Contract
Agreement along with detailed Schedule of Rates and its Completion/
Execution/ Client Certificate clearly indicating the executed value & date of
completion/execution against the same order must be submitted along with the
bid.
2. FINANCIAL CRITERIA
Not Applicable
Note-(For BEC Compliance):
i. A Job executed by a Bidder for its own plant/ project cannot be considered
as experience for the purpose of meeting BEC of this Tender Document.
However, jobs executed for Subsidiary/Fellow subsidiary / Holding company
will be considered as experience for the purpose of meeting BEC subject to
submission of tax paid invoice (s) duly certified by Statutory Auditor of the
Bidder towards payments of statutory tax in support of the job executed for
Subsidiary/Fellow subsidiary/ Holding company. Such Bidders to submit
these documents in addition to the documents specified to meet BEC.
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ii. In case the bidder is executing such contract which is still running & the
contract value executed till one day prior to the due date of submission is
equal to or more than the minimum prescribed value as mentioned in the
BEC, such experience will also be taken in to consideration provided that the
bidder has submitted satisfactory work-execution certificate to this effect
issued by the end user.
iii. Only documents (Work Order, Completion certificate, Execution Certificate
etc.) which have been referred/ specified in the bid shall be considered in
reply to queries during evaluation of Bids.
iv. Experience of bidder acquired as a subcontractor can be accepted against
submission of certificate from end user by such bidder along with other
specified documents.
3. RELAXATION OF PRIOR TURNOVER AND PRIOR EXPERIENCE FOR
STARTPUS:
Prior turnover and prior experience as mentioned above in financial and
technical criteria of BEC shall not be required for all Startups [whether Micro
& Small Enterprises (MSEs) or otherwise] subject to their meeting the quality
and technical specifications specified in tender document.
The relaxation of prior experience and prior turnover to Startups [whether
Micro & Small Enterprises (MSEs) or otherwise] shall be given to the specific
goods/ job domains wherein they are registered for.
Since, certificate of DIPP towards recognition do not specify the goods/ job
domain, startups are required to submit the documents for the same including
the application submitted to DIPP.
Further, above documents along with certificate towards STARTUP Enterprise
Registration issued by Department of Policy and Promotion (DIPP), Ministry
of Commerce should be certified by the Chartered Accountant (not being an
employee or a Director or not having any interest in the bidder's
company/firm) and notary public with legible stamp
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4. AUTHENTICATION OF DOCUMENTS TO BE SUBMITTED IN
SUPPORT OF BEC:
4.1 Technical Criteria of BEC:
All documents in support of Technical Criteria of BEC to be furnished by the
Bidder shall necessarily be duly certified/ attested Notary Public with
legible stamp.
5. Evaluation Methodology:
Bids shall be evaluated on overall L1 basis.
The input credit of GST (CGST & SGST/UTGST or IGST) shall be considered
for evaluation of bids.
In case any unregistered bidder is submitting their bid, their prices will be
loaded with applicable GST (CGST & SGST/UTGST or IGST) during
evaluation of bid. Where GAIL is entitled for input credit of GST (CGST &
SGST/UTGST or IGST), the same will be considered during evaluation except
on material value.
In case any cess on GST is applicable same shall also be considered in
evaluation.
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SECTION-III
INSTRUCTION TO
BIDDERS
(TO BE READ IN CONJUNCTION WITH
BIDDING DATA SHEET (BDS)
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SECTION-III
INSTRUCTION TO BIDDERS
INDEX
[A] GENERAL:
1. SCOPE OF BID
2. ELIGIBLE BIDDERS
3. BIDS FROM CONSORTIUM / JOINT VENTURE
4. ONE BID PER BIDDER
5. COST OF BIDDING
6. SITE-VISIT
[B] BIDDING DOCUMENTS:
7. CONTENTS OF BIDDING DOCUMENTS
8. CLARIFICATION OF BIDDING DOCUMENTS
9. AMENDMENT OF BIDDING DOCUMENTS
[C] PREPARATION OF BIDS:
10. LANGUAGE OF BID
11. DOCUMENTS COMPRISING THE BID
12. SCHEDULE OF RATES / BID PRICES
13 GST (CGST & SGST/ UTGST or IGST )
14. BID CURRENCIES
15. BID VALIDITY
16. EARNEST MONEY DEPOSIT
17. PRE-BID MEETING
18. FORMAT AND SIGNING OF BID
19. ZERO DEVIATION & REJECTION CRITERIA
20. E-PAYMENT
[D] SUBMISSION OF BIDS:
21. SUBMISSION, SEALING AND MARKING OF BIDS
22. DEADLINE FOR SUBMISSION OF BIDS
23. LATE BIDS
24. MODIFICATION AND WITHDRAWAL OF BIDS
[E] BID OPENING AND EVALUATION:
25. EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY
OR ALL BIDS
26. BID OPENING
27. CONFIDENTIALITY
28. CONTACTING THE EMPLOYER
29. EXAMINATION OF BIDS AND DETERMINATION OF
RESPONSIVENESS
30. CORRECTION OF ERRORS
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31. CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS
32. EVALUATION AND COMPARISON OF BIDS
33. COMPENSATION FOR EXTENDED STAY
34. PURCHASE PREFERENCE
[F] AWARD OF CONTRACT:
35. AWARD
36. NOTIFICATION OF AWARD / FAX OF ACCEPTANCE [FOA]
37. SIGNING OF AGREEMENT
38. CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT
39. PROCEDURE FOR ACTION IN CASE
CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES
40. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL
ENTERPRISE
41. AHR ITEMS
42. VENDOR EVALUATION PROCEDURE
43. INCOME TAX & CORPORATE TAX
44. SETTLEMENT OF DISPUTES BETWEEN GOVERNMENT
DEPARTMENT AND ANOTHER AND ONE GOVERNMENT
DEPARTMENT AND PUBLIC ENTERPRISE AND ONE PUBLIC
ENTERPRISE AND ANOTHER
45. INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS
PROVIDERS)
46. PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL
MEANS
47. CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING
TO SCHEDULED CASTES AND WEAKER SECTIONS OF THE
SOCIETY
48. QUARTERLY CLOSURE OF THE CONTRACT
49. PROVISION FOR STARTUPS
50. PROVISION REGARDING INVOICE FOR REDUCED VALUE OR
CREDIT NOTE TOWARDS PRS
[G] ANNEXURES:
1. ANNEXURE-I : ADDENDUM TO INSTRUCTIONS TO BIDDERS
(INSTRUCTION FOR PARTICIPATION IN E-TENDER)
4. ANNEXURE-II: BIDDING DATA SHEET (BDS)
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INSTRUCTIONS TO BIDDERS [ITB]
(TO BE READ IN CONJUNCTION WITH BIDDING DATA SHEET (BDS)
[A] GENERAL
1 SCOPE OF BID
1.1 The Employer as defined in the "General Conditions of Contract [GCC]", wishes to
receive Bids as described in the Bidding Document/Tender document issued by
Employer. Employer/Owner/GAIL occurring herein under shall be considered
synonymous.
1.2 SCOPE OF BID: The scope of work/ Services shall be as defined in the Bidding
documents.
1.3 The successful bidder will be expected to complete the scope of Bid within the period
stated in Special Conditions of Contract.
1.4 Throughout the Bidding Documents, the terms 'Bid', 'Tender' & `Offer' and their
derivatives [Bidder/Tenderer, Bid/Tender/Offer etc.] are synonymous. Further, 'Day'
means 'Calendar Day' and 'Singular' also means 'Plural'.
2 ELIGIBLE BIDDERS
2.1 The Bidder shall not be under a declaration of ineligibility by Employer for Corrupt/
Fraudulent/ Collusive/ Coercive practices, as defined in "Instructions to Bidders [ITB],
Clause No. 39" (Action in case Corrupt/ Fraudulent/ Collusive/ Coercive Practices).
2.2 The Bidder is not put on `Holiday' by GAIL or Public Sector Project Management
Consultant (like EIL, Mecon only due to "poor performance" or "corrupt and fraudulent
practices") or banned/blacklisted by Government department/ Public Sector on due date
of submission of bid. Further, neither bidder nor their allied agency/(ies) (as defined in
the Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive
Practices) are on banning list of GAIL or the Ministry of Petroleum and Natural Gas.
If the bidding documents were issued inadvertently/ downloaded from website, offers
submitted by such bidders shall not be considered for opening/ evaluation/Award and
will be returned immediately to such bidders.
In case there is any change in status of the declaration prior to award of contract, the
same has to be promptly informed to GAIL by the bidder.
It shall be the sole responsibility of the bidder to inform about their status regarding para
1 of clause 2.2 herein above on due date of submission of bid and during the course of
finalization of the tender. Concealment of the facts shall tantamount to misrepresentation
of facts and shall lead to action against such Bidders as per clause 39 of ITB.
2.3 The Bidder should not be under any liquidation court receivership or similar proceedings
on due date of submission of bid. In case there is any change in status of the declaration
prior to award of contract, the same has to be promptly informed to GAIL by the bidder.
It shall be the sole responsibility of the bidder to inform GAIL there status on above on
due date of submission of bid and during the course of finalization of the tender.
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Concealment of the facts shall tantamount to misrepresentation of facts and shall lead to
action against such Bidders as per clause no.39 of ITB.
2.4 Bidder shall not be affiliated with a firm or entity:
(i) that has provided consulting services related to the work to the Employer during
the preparatory stages of the work or of the project of which the works/services
forms a part of or
(ii) that has been hired (proposed to be hired) by the Employer as an Engineer/
Consultant for the contract.
2.5 Neither the firm/entity appointed as the Project Management Consultant (PMC) for a
contract nor its affiliates/ JV'S/ Subsidiaries shall be allowed to participate in the
tendering process unless it is the sole Licensor/Licensor nominated agent/ vendor.
2.6 Pursuant to qualification criteria set forth in the bidding document, the Bidder shall
furnish all necessary supporting documentary evidence to establish Bidder's claim of
meeting qualification criteria.
2.7 Power of Attorney:
In case of a Single Bidder, Power of Attorney issued by the Board of Directors/ CEO
/Chairman/ MD / Company Secretary of the Bidder/ all partners in case of Partnership
firm/any person authorized in terms of Deed of LLP/Proprietor in favour of the
authorised employee(s) of the Bidder, in respect of the particular tender for signing the
Bid and all subsequent communications, agreements, documents etc. pertaining to the
tender and to act and take any and all decision on behalf of the Bidder, is to be submitted.
The authorized employee(s) of the Bidder shall be signing the Bid and any consequence
resulting due to such signing shall be binding on the Bidder.
3 BIDS FROM "JOINT VENTURE"/"CONSORTIUM"- NOT APPLICABLE
4 ONE BID PER BIDDER
4.1 A bidder shall submit only "one [01] Bid" in the same Bidding Process either as single
entity or as a member of any consortium (wherever consortium bid is allowed). A Bidder
who submits or participates in more than "one [01] Bid" will cause all the proposals in
which the Bidder has participated to be disqualified.
4.2 More than one bid means bid(s) by bidder(s) having same Proprietor /Partners/ Limited
Liability Partner in any other Bidder(s). Further, more than one bid shall also include two
or more bidders having common power of attorney holder.
Failure to comply this clause during tendering process will disqualify all such bidders
from process of evaluation of bids.
4.3. Alternative Bids shall not be considered.
4.4 The provision mentioned at sl.no. (i) and (ii) shall not be applicable wherein bidders are
quoting for different Items /Sections /Parts /Groups/ SOR items of the same tender which
specify evaluation on items/ Section /Parts /Groups/ SOR items basis.
5 COST OF BIDDING
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The Bidder shall bear all costs associated with the preparation and submission of the Bid
including but not limited to Bank charges all courier charges including taxes & duties
etc. incurred thereof. Further, GAIL will in no case, be responsible or liable for these
costs, regardless of the outcome of the bidding process.
6 SITE VISIT
6.1 The Bidder is advised to visit and examine the site of works and its surroundings and
obtain for itself on its own responsibility all information that may be necessary for
preparing the Bid and entering into a Contract for the required job. The costs of visiting
the site shall be borne by the Bidder.
6.2 The Bidder or any of its personnel or agents shall be granted permission by the Employer
to enter upon its premises and land for the purpose of such visits, but only upon the
express conditions that the Bidder, its personnel and agents will release and indemnify
the Employer and its personnel, agents from and against all liabilities in respect thereof,
and will be responsible for death or injury, loss or damage to property, and any other
loss, damage, costs, and expenses incurred as a result of inspection.
6.3 The Bidder shall not be entitled to hold any claim against GAIL for non-compliance due
to lack of any kind of pre-requisite information as it is the sole responsibility of the
Bidder to obtain all the necessary information with regard to site, surrounding, working
conditions, weather etc. on its own before submission of the bid.
[B] BIDDING DOCUMENTS
7 CONTENTS OF BIDDING DOCUMENTS
7.1 The contents of Bidding Documents / Tender Documents are those stated below, and
should be read in conjunction with any 'Corrigendum' issued in accordance with "ITB:
Clause-9":
Section-I : Invitation for Bid [IFB]
Section-II : BID EVALUATION CRITERIA [BEC] & Evaluation methodology
Section-III : Instructions to Bidders [ITB], Annexure, Forms & Format
Section-IV : General Conditions of Contract [GCC]**
Section-V : Special Conditions of Contract [SCC]
Specifications, Scope of Work and Drawing
Section-VI : Schedule of Rates
*Request for Quotation', wherever applicable, shall also form part of the Bidding
Document.
**"The Hindi version of GCCs are available on GAIL's tender website
(www.gailtenders.in) for reference. However, in case of any discrepancy in English & its
Hindi translation, for interpretation and legal aspects, the English version shall prevail."
7.2 The Bidder is expected to examine all instructions, forms, terms & conditions in the
Bidding Documents. The "Request for Quotation [RFQ] & Invitation for Bid (IFB)"
together with all its attachments thereto, shall be considered to be read, understood and
accepted by the Bidders. Failure to furnish all information required by the Bidding
Documents or submission of a Bid not substantially responsive to the Bidding
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Documents in every respect will be at Bidder's risk and may result in the rejection of his
Bid.
8 CLARIFICATION OF BIDDING DOCUMENTS
8.1 A prospective Bidder requiring any clarification(s) of the Bidding Documents may notify
GAIL in writing or email at GAIL's mailing address indicated in the BDS no later than
02 (two) days prior to pre-bid meeting (in cases where pre-bid meeting is scheduled) or
05 (five) days prior to the due date of submission of bid in cases where pre-bid meeting
is not held. GAIL reserves the right to ignore the bidders request for clarification if
received after the aforesaid period. GAIL may respond in writing to the request for
clarification. GAIL's response including an explanation of the query, but without
identifying the source of the query will be uploaded on GAIL's tendering web site /
communicated to prospective bidders by e-mail.
8.2 Any clarification or information required by the Bidder but same not received by the
Employer at clause 8.1 (refer BDS for address) above is liable to be considered as "no
clarification / information required".
9 AMENDMENT OF BIDDING DOCUMENTS
9.1 At any time prior to the 'Bid Due Date', Owner may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective Bidder, modify the
Bidding Documents by corrigendum.
9.2 Any corrigendum thus issued shall be integral part of the Tender Document and shall be
hosted on the websites as provided at clause no. 2.0 (G) of IFB /communicated to
prospective bidders by e-mail. Bidders have to take into account all such corrigendum
before submitting their Bid.
9.3 The Employer, if consider necessary, may extend the date of submissions of Bid in order
to allow the Bidders a reasonable time to furnish their most competitive bid taking into
account the corrigendum issued thereof.
[C] PREPARATION OF BIDS
10 LANGUAGE OF BID:
The bid prepared by the Bidder and all correspondence, drawing(s), document(s),
certificate(s) etc. relating to the Bid exchanged by Bidder and GAIL shall be written in
English language only. In case a document, certificate, printed literature etc. furnished by
the Bidder in in a language other than English, the same should be accompanied by an
English translation duly authenticated by the Chamber of Commerce of Bidders Country,
in which case, for the purpose of interpretation of the Bid, the English translation shall
govern.
11. DOCUMENTS COMPRISING THE BID
11.1 In case the Bids are invited under the Manual two Bid system. The Bid prepared by the
Bidder shall comprise the following components sealed in 2 different envelopes:
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11.1.1 ENVELOPE-I: "TECHNO-COMMERCIAL / UN-PRICED BID" shall contain the
following:
(a) 'Covering Letter' on Bidder's 'Letterhead' clearly specifying the enclosed contents.
(b) 'Bidder's General Information', as per 'Form F-1'.
(c) Copies of documents, as specified in tender document
(d) As a confirmation that the prices are quoted in requisite format complying with
the requirements copy of Schedule of Rate (SOR) with prices blanked out
mentioning quoted / not quoted (as applicable) written against each item.
(e) 'Letter of Authority' on the Letter Head, as per 'Form F-3'
(f) 'Agreed Terms and Conditions', as per 'Form F-5'
(g) 'ACKNOWLEDGEMENT CUM CONSENT LETTER', as per 'Form F-6'
(h) Duly attested documents in accordance with the "BID EVALUATION
CRITERIA [BEC]" establishing the qualification.
(i) Power of Attorney /copy of Board Resolution, in favour of the authorized
signatory of the Bid, as per clause no.2.7 of ITB
(j) EMD in original as per Clause 16 of ITB
(k) All forms and Formats including Annexures
(l) List of consortium/ JV member (s), if any, and Consortium Agreement (as per
format ) clearly defining their involvement & responsibility in this work,
wherever applicable as specified elsewhere in the IFB/RFQ/BEC.
(m) `Integrity Pact' as per `Form F-13'
(n) Tender Document duly signed/ digitally signed by the Authorized Signatory.
(o) Additional document specified in Bidding Data Sheet (BDS).
(p) Any other information/details required as per Bidding Document
Note: All the pages of the Bid must be signed by the "Authorized Signatory" of the
Bidder.
11.1.2 ENVELOPE-II: Price Bid
i) The Prices are to be submitted strictly as per the Schedule of Rate of the bidding
documents. GAIL shall not be responsible for any failure on the part of the bidder
to follow the instructions.
ii) Bidders are advised NOT to mention Rebate/Discount separately, either in the
SOR format or anywhere else in the offer. In case Bidder(s) intend to offer any
Rebate/Discount, they should include the same in the item rate(s) itself under the
"Schedule of Rates (SOR)" and indicate the discounted unit rate(s) only.
iii) If any unconditional rebate has been offered in the quoted rate the same shall be
considered in arriving at evaluated price. However no cognizance shall be taken
for any conditional discount for the purpose of evaluation of the bids.
iv) In case, it is observed that any of the bidder(s) has/have offered suo-moto
Discount/Rebate after opening of unpriced bid but before opening of price bids
such discount /rebate(s) shall not be considered for evaluation. However, in the
event of the bidder emerging as the lowest evaluated bidder without considering
the discount/rebate(s), then such discount/rebate(s) offered by the bidder shall be
considered for Award of Work and the same will be conclusive and binding on
the bidder.
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v) In the event as a result of techno-commercial discussions or pursuant to seeking
clarifications / confirmations from bidders, while evaluating the un-priced part of
the bid, any of the bidders submits a sealed envelope stating that it contains
revised prices; such bidder(s) will be requested to withdraw the revised prices
failing which the bid will not be considered for further evaluation.
vi) In case any bidder does not quote for any item(s) of "Schedule of Rates" and the
estimated price impact is more than 10% of the quoted price, then the bid will be
rejected. If such price impact of unquoted items is 10% or less of his quoted price,
then the unquoted item(s) shall be loaded highest of the price quoted by the other
bidders . If such bidder happens to be lowest evaluated bidder, price of unquoted
items shall be considered as included in the quoted bid price.
11.2 In case the bids are invited under e-tendering system, bidders are requested to refer
instructions for participating in E-Tendering and the ready reckoner for bidders available
in https://etender.gail.co.in. Bids submitted manually shall be rejected, the bids must be
submitted on GAIL's E-tendering website as follows :-
11.2.1 PART-I: "TECHNO-COMMERCIAL/UN-PRICED BID" comprising all the above
documents mentioned at 11.1.1 along with copy of EMD/Bid Bond, copy of Power of
Attorney and copy of integrity pact should be uploaded in the private area earmarked
(Tender Document) in the GAIL's e-tendering portal.
Further, Bidders must submit the original " EMD, Power of Attorney, Integrity Pact
(wherever applicable) and any other documents specified in the Tender Document to the
address mentioned in IFB, in a sealed envelope, super scribing the details of Tender
Document (i.e. tender number & tender for) within 7 days from the date of un-priced bid
opening.
Bidders are required to submit the EMD in original by Due Date and Time of Bid
Submission or upload a scanned copy of the same in the Part-I of the Bid. If the Bidder is
unable to submit EMD in original by Due Date and Time of Bid Submission, the Bidder
is required to upload a scanned copy of the EMD in Part-I of Bid, provided the original
EMD, copy of which has been uploaded, is received within 7 days from the Due Date of
Bid Opening, failing which the Bid will be rejected irrespective of their status/ranking in
tendering process and notwithstanding the fact that a copy of EMD was earlier uploaded
by the Bidder.
11.2.2 PART-II: PRICE BID
The Prices are to be filled strictly in the Schedule of Rate of the bidding documents and
provision mentioned at para 11.1.2 hereinabove and to uploaded in SOR
attachment/Conditions of E-tendering portal.
11.3 In case of bids invited under single bid system, a single envelope containing all
documents specified at Clause 11.1.1 & 11.1.2 of ITB above form the BID. All
corresponding conditions specified at Clause 11.1.1 & 11.1.2 of ITB shall become
applicable in such a case.
12 SCHEDULE OF RATES / BID PRICES
12.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole
works as described in Bidding Documents, based on the rates and prices submitted by the
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Bidder and accepted by the Employer. The prices quoted by the Bidders will be inclusive
of all taxes except GST (CGST & SGST/UTGST or IGST).
12.2 Prices must be filled in format for "Schedule of Rates [SOR]" enclosed as part of Tender
document. If quoted in separate typed sheets and any variation in item description, unit or
quantity is noticed; the Bid is liable to be rejected.
12.3 Bidder shall quote for all the items of "SOR" after careful analysis of cost involved for
the performance of the completed item considering all parts of the Bidding Document. In
case any activity though specifically not covered in description of item under "SOR" but
is required to complete the works as per Specifications, Scope of Work / Service,
Standards, General Conditions of Contract ("GCC"), Special Conditions of Contract
("SCC") or any other part of Bidding Document, the prices quoted shall deemed to be
inclusive of cost incurred for such activity.
12.4 All duties, taxes and other levies [if any] payable by the Contractor under the Contract,
or for any other cause except final GST (CGST & SGST/ UTGST or IGST) shall be
included in the rates / prices and the total bid-price submitted by the Bidder. Applicable
rate of GST (CGST & SGST/ UTGST or IGST) on the contract value shall be
indicated in Agreed Terms & Conditions (Format-F10) and SOR.
12.5 Prices quoted by the Bidder, shall remain firm and fixed and valid until completion of the
Contract and will not be subject to variation on any account. Any new taxes & Duties, if
imposed by the State/ Govt. of India after due date of bid submission but before the
Contractual Delivery Date, shall be reimbursed to the contractor on submission of
documentary evidence for proof of payment to State/ Govt. Authorities and after
ascertaining it's applicability with respect to the contract.
12.6 The Bidder shall quote the prices in 'figures' & words. There should not be any
discrepancy between the prices indicated in figures and the price indicated in words. In
case of any discrepancy, the same shall be dealt as per clause no. 30 of ITB.
12.7 Further, Bidder shall also mention the Service Accounting Codes (SAC) / Harmonized
System of Nomenclature (HSN) at the designated place in SOR.
13 GST (CGST & SGST/ UTGST or IGST)
13.1 Bidders are required to mention the GST Registration number in bids wherever GST
(CGST & SGST/UTGST or IGST) is applicable.
13.2 Quoted prices should be inclusive of all taxes and duties, except GST (CGST & SGST
or IGST or UTGST). Please note that the responsibility of payment of GST (CGST &
SGST or IGST or UTGST) lies with the Service Provider only. Service Provider
providing taxable service shall issue an Invoice/ Bill, as the case may be as per rules/
regulation of GST. Further, returns and details required to be filled under GST laws &
rules should be timely filed by Service Provider with requisite details.
Payments to Service Provider for claiming GST (CGST & SGST/UTGST or IGST)
amount will be made provided the above formalities are fulfilled. Further, GAIL may
seek copies of challan and certificate from Chartered Accountant for deposit of GST
(CGST & SGST/UTGST or IGST) collected from Owner.
13.3 In case CBIC (Central Board of Indirect Taxes and Customs)/ any tax authority / any
equivalent government agency brings to the notice of GAIL that the Service Provider
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has not remitted the amount towards GST (CGST & SGST/UTGST or IGST) collected
from GAIL to the government exchequer, then, that Contactor shall be put under Holiday
list of GAIL for period of six months after following the due procedure. This action will
be in addition to the right of recovery of financial implication arising on GAIL.
13.4 In case of statutory variation in GST (CGST & SGST/UTGST or IGST), other than
due to change in turnover, payable on the contract value during contract period, the
Service Provider shall submit a copy of the 'Government Notification' to evidence the
rate as applicable on the Bid due date and on the date of revision.
Beyond the contract period, in case GAIL is not entitled for input tax credit of GST
(CGST & SGST/UTGST or IGST), then any increase in the rate of GST (CGST &
SGST/UTGST or IGST) beyond the contractual delivery period shall be to Service
Provider 's account whereas any decrease in the rate GST (CGST & SGST/UTGST or
IGST) shall be passed on to the Owner.
Beyond the contract period, in case GAIL is entitled for input tax credit of GST (CGST
& SGST/UTGST or IGST), then statutory variation in applicable GST (CGST &
SGST/UTGST or IGST) on supply and on incidental services, shall be to GAIL's
account.
Claim for payment of GST (CGST & SGST/UTGST or IGST)/ Statutory variation,
should be raised within two [02] months from the date of issue of 'Government
Notification' for payment of differential (in %) GST (CGST & SGST/UTGST or
IGST), otherwise claim in respect of above shall not be entertained for payment of
arrears.
The base date for the purpose of applying statutory variation shall be the Bid Due Date.
13.5 Where the GAIL is entitled to avail the input tax credit of GST (CGST &
SGST/UTGST or IGST):-
13.5.1 Owner/GAIL will reimburse the GST (CGST & SGST/UTGST or IGST) to the
Service Provider at actuals against submission of Invoices as per format specified in
rules/ regulation of GST to enable Owner/GAIL to claim input tax credit of GST
(CGST & SGST/UTGST or IGST) paid. In case of any variation in the executed
quantities, the amount on which the GST (CGST & SGST/UTGST or IGST) is
applicable shall be modified in same proportion. Returns and details required to be filled
under GST laws & rules should be timely filed by supplier with requisite details.
13.5.2 The input tax credit of GST (CGST & SGST/UTGST or IGST) quoted shall be
considered for evaluation of bids, as per evaluation criteria of tender document.
13.6 Where the GAIL is not entitled to avail/take the full input tax credit of GST (CGST &
SGST/UTGST or IGST):-
13.6.1 Owner/GAIL will reimburse GST (CGST & SGST/UTGST or IGST) to the Service
Provider at actuals against submission of Invoices as per format specified in rules/
regulation of GST subject to the ceiling amount of GST (CGST & SGST/UTGST or
IGST) as quoted by the bidder, subject to any statutory variations, except variations
arising due to change in turnover. In case of any variation in the executed quantities (If
directed and/or certified by the Engineer-In-Charge) the ceiling amount on which GST
(CGST & SGST/UTGST or IGST) is applicable will be modified on pro-rata basis.
13.6.2 The bids will be evaluated based on total price including applicable GST (CGST &
SGST/UTGST or IGST).
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13.7 GAIL will prefer to deal with registered supplier of goods/ services under GST.
Therefore, bidders are requested to get themselves registered under GST, it not registered
yet.
However, in case any unregistered bidder is submitting their bid, their prices will be
loaded with applicable GST (CGST & SGST/UTGST or IGST) while evaluation of
bid bid (if applicable as per Govt. Act/ Law in vogue). Where GAIL is entitled for
input credit of GST (CGST & SGST/UTGST or IGST), the same will be considered
for evaluation of bid as per evaluation methodology of tender document.
13.8 In case GAIL is required to pay entire/certain portion of applicable GST (CGST &
SGST/UTGST or IGST) and remaining portion, if any, is to be deposited by Bidder
directly as per GST (CGST & SGST/UTGST or IGST) laws, entire applicable
rate/amount of GST (CGST & SGST/UTGST or IGST) to be indicated by bidder in the
SOR.
Where GAIL has the obligation to discharge GST (CGST & SGST/UTGST or IGST)
liability under reverse charge mechanism and GAIL has paid or is /liable to pay GST
(CGST & SGST/UTGST or IGST) to the Government on which interest or penalties
becomes payable as per GST laws for any reason which is not attributable to GAIL or
ITC with respect to such payments is not available to GAIL for any reason which is not
attributable to GAIL, then GAIL shall be entitled to deduct/ setoff / recover such
amounts against any amounts paid or payable by GAIL to Service Provider / Supplier.
13.9 Service Provider shall ensure timely submission of correct invoice(s), as per GST rules/
regulation, with all required supporting document(s) within a period specified in Contract
to enable GAIL to avail input credit of GST (CGST & SGST/UTGST or IGST). Further,
returns and details required to be filled under GST laws & rules should be timely filed by
Service Provider with requisite details.
If input tax credit is not available to GAIL for any reason not attributable to GAIL, then
GAIL shall not be obligated or liable to pay or reimburse GST (CGST & SGST/UTGST
or IGST) claimed in the invoice(s) and shall be entitled to deduct / setoff / recover such
GST amount (CGST & SGST/UTGST or IGST) or Input Tax Credit amount together
with penalties and interest, if any, against any amounts paid or becomes payable by GAIL
in future to the Service Provider under this contract or under any other contract.
13.10 Anti-profiteering clause
As per Clause 171 of GST Act it is mandatory to pass on the benefit due to reduction in
rate of tax or from input tax credit to the consumer by way of commensurate reduction in
prices. The Service Provider may note the above and quote their prices accordingly.
13.11 In case the GST rating of vendor on the GST portal / Govt. official website is negative /
black listed, then the bids may be rejected by GAIL. Further, in case rating of bidder is
negative / black listed after award of work, then GAIL shall not be obligated or liable to
pay or reimburse GST to such vendor and shall also be entitled to deduct / recover such
GST along with all penalties / interest, if any, incurred by GAIL.
13.12 The rate of GST as quoted in Price Schedule/SOR shall be considered as the prevailing
present applicable rates on the Bid due date and same shall be considered for price
comparison as well as for ordering. Any error of judgment on part of the Bidder in
identifying the present applicable rates shall not be admitted. The applicable rate of GST
as indicated by the bidders in Price Schedule/SOR shall be considered as the maximum
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payable in the event when no statutory variations take place and any remainder/balance
GST, if payable, beyond that quoted rates shall be borne by the Bidder. However in the
event of any statutory variations in the rate of GST, if the quoted rates are found
erroneous then the base rates for calculation of statutory variations for the purpose of
reimbursement of GST shall take into account either the rates actually prevalent on the
due date of submission of bid or the erroneous rates quoted by the Bidders whichever is
beneficial to GAIL. Consequently, any difference in GST if it becomes payable to the
tax authorities shall be borne by the Bidder.
13.13 Wherever TDS under GST Laws has been deducted from the invoices raised / payments
made to the vendors, as per the provisions of the GST law / Rules, Vendors should accept
the corresponding GST-TDS amount populated in the relevant screen on GST common
portal (www.gst.gov.in). Further, Vendors should also download the GST TDS certificate
from GST common portal (reference path: Services > User Services > View/Download
Certificates option).
14 BID CURRENCIES:
Bidders must submit bid in Indian Rupees only.
15 BID VALIDITY
15.1 Bids shall be kept valid for period specified in BDS from the final Due date of
submission of bid'. A Bid valid for a shorter period may be rejected by GAIL as 'non-
responsive'.
15.2 In exceptional circumstances, prior to expiry of the original 'Bid Validity Period', the
Employer may request the Bidders to extend the 'Period of Bid Validity' for a specified
additional period. The request and the responses thereto shall be made in writing or by
email. A Bidder may refuse the request without forfeiture of his EMD. A Bidder agreeing
to the request will not be required or permitted to modify his Bid, but will be required to
extend the validity of its EMD for the period of the extension and in accordance with
"ITB: Clause-16" in all respects.
16 EARNEST MONEY DEPOSIT
16.1 Bid must be accompanied with earnest money (i.e Earnest Money Deposit (EMD) also
known as Bid Security) in the form of `Demand Draft' / `Banker's Cheque' [in favour
of GAIL (India) Limited payable at place mentioned in BDS] or `Bank Guarantee'
strictly as per the format given in form F 2/ F- 2A (as the case may be) of the Tender
Document. Bidder shall ensure that EMD submitted in the form of `Bank Guarantee'
should have a validity of at least `two [02] months' beyond the validity of the Bid. EMD
submitted in the form of `Demand Draft' or `Banker's Cheque' should be valid for
three months.
Bid not accompanied with EMD, or EMD not in requisite format shall be liable for
rejection. The EMD shall be submitted in Indian Rupees only.
16.2 GAIL shall not be liable to pay any documentation charges, Bank charges, commission,
interest etc. on the amount of EMD. In case EMD is in the form of a `Bank Guarantee',
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the same shall be from any Indian scheduled Bank or a branch of an International Bank
situated in India and registered with `Reserve Bank of India' as Scheduled Foreign Bank.
However, in case of `Bank Guarantee' from Banks other than the Nationalized Indian
Banks, the Bank must be commercial Bank having net worth in excess of Rs. 100 Crores
[Rupees One Hundred Crores] and a declaration to this effect should be made by such
commercial Bank either in the `Bank Guarantee' itself or separately on its letterhead.
16.3 Any Bid not secured in accordance with "ITB: Clause-16.1 & Clause-16.2" may be
rejected by GAIL as non-responsive.
16.4 Unsuccessful Bidder's EMD will be discharged/ returned as promptly as possible, but not
later than `thirty [30] days' after finalization of tendering process.
16.5 The successful Bidder's EMD will be discharged upon the Bidder's acknowledging the
`Award' and signing the `Agreement' (if applicable) and furnishing the `Contract
Performance Security (CPS)/ Security Deposit' pursuant to clause no. 38 of ITB.
16.6 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the
following cases:
(a) If a Bidder withdraws his Bid during the `Period of Bid Validity'
(b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice
(c) If the Bidder modifies Bid during the period of bid validity (after Due Date and
Time for Bid Submission).
(d) Violates any other condition, mentioned elsewhere in the Tender Document,
which may lead to forfeiture of EMD.
(e) In the case of a successful Bidder, if the Bidder fails to:
(i) to acknowledge receipt of the "Notification of Award" / Fax of
Acceptance[FOA]",
(ii) to furnish "Contract Performance Security / Security Deposit", in
accordance with "ITB: Clause-38"
(iii) to accept `arithmetical corrections' as per provision of the clause 30 of
ITB.
16.7 In case EMD is in the form of `Bank Guarantee', the same must indicate the Tender
Document No. and the name of Tender Document for which the Bidder is quoting. This
is essential to have proper correlation at a later date.
16.8 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in
accordance with the provisions of PPP-2012 and Clause 40 of ITB. However,
Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of
EMD.The Government Departments/PSUs are also exempted from the payment of EMD.
Further, Startups are also exempted from the payment of EMD.
16.9 In addition to existing specified form (i.e. Demand Draft (DD)/ Banker's Cheque/ Bank
Guarantee) mentioned in tender documents for submission of EMD/Bid Bond, the bidder
can also submit the EMD through online banking transaction i.e. IMPS/NEFT/RTGS etc.
While remitting, the bidder must indicate EMD and tender/E-tender no. under remarks.
Bidders shall be required to submit/ upload the successful transaction details along-with
their bid/e-bid in addition to forwarding the details to dealing officer through email/letter
with tender reference number immediately after remittance of EMD.
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In absence of submitting/ uploading the remittance details, the bids are likely to be
considered as bid not accompanied with EMD. Further, in case of the above online
transaction, submission of EMD in original is not applicable.
16.10 In case of forfeiture of EMD/ Bid Security, the forfeited amount will be considered
inclusive of tax and tax invoice will be issued by GAIL. The forfeiture amount will be
subject to final decision of GAIL based on other terms and conditions of order/ contract."
17 PRE-BID MEETING (IF APPLICABLE)
17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting"
which will be held at address specified in IFB. It is expected that a bidder shall not
depute more than 02 representatives for the meeting.
17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter
that may be raised at that stage and give hands-on e-tendering.
17.3 Text of the questions raised and the responses given, together with any responses
prepared after the meeting, will be uploaded on GAIL e-tendering website against the
Tender. Any modification of the Contents of Bidding Documents listed in "ITB: Clause-
7.1", that may become necessary as a result of the Pre-Bid Meeting shall be made by the
Employer exclusively through the issue of an Corrigendum pursuant to "ITB: Clause-9",
and not through the minutes of the Pre-Bid Meeting.
17.4 Non-attendance of the Pre-Bid Meeting will not be a cause for disqualification of Bidder.
18 FORMAT AND SIGNING OF BID
18.1 The original and all copies of the Bid shall be typed or written in indelible ink [in the
case of copies, photocopies are also acceptable] and shall be signed by a person or
persons duly authorized to sign on behalf of the Bidder (as per POA). The name and
position held by each person signing, must be typed or printed below the signature. All
pages of the Bid except for unamended printed literature where entry(s) or amendment(s)
have been made shall be initialed by the person or persons signing the Bid.
18.2 The Bid shall contain no alterations, omissions, or additions, unless such corrections are
initialed by the person or persons signing the Bid.
18.3 In case of e-tendering, digitally signed documents to be uploaded as detailed in
addendum to ITB.
19 ZERO DEVIATION AND REJECTION CRITERIA
19.1 ZERO DEVIATION: Deviation to terms and conditions of "Bidding Documents" may
lead to rejection of bid. GAIL will accept bids based on terms & conditions of "Bidding
Documents" only. Bidder may note GAIL will determine the substantial responsiveness
of each bid to the Bidding Documents pursuant to provision contained in clause 29 of
ITB. For purpose of this, a substantially responsive bid is one which conforms to all
terms and conditions of the Bidding Documents without deviations or reservations.
GAIL's determination of a bid's responsiveness is based on the content of the bid itself
without recourse to extrinsic evidence. GAIL reserves the right to raise technical and/or
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commercial query(s), if required, may be raised on the bidder(s). The response(s) to the
same shall be in writing, and no change in the price(s) or substance of the bids shall be
sought, offered or permitted. The substance of the bid includes but not limited to prices,
completion, scope, technical specifications, etc. Bidders are requested to not to take any
deviation/exception to the terms and conditions laid down in this "Tender Documents",
and submit all requisite documents as mentioned in this "Tender Documents", failing
which their offer will be liable for rejection. If a bidder does not reply to the queries in
the permitted time frame then its bid shall be evaluated based on the documents
available in the bid.
19.2 REJECTION CRITERIA: Notwithstanding the above, deviation to the following
clauses of Tender document shall lead to summarily rejection of Bid:
(a) Firm Price
(b) Earnest Money Deposit / Bid Security
(c) Specifications & Scope of Work
(d) Schedule of Rates / Price Schedule / Price Basis
(e) Duration / Period of Contract/ Completion schedule
(f) Period of Validity of Bid
(g) Price Reduction Schedule
(h) Contract Performance Security
(i) Guarantee / Defect Liability Period
(j) Arbitration / Resolution of Dispute/Jurisdiction of Court
(k) Force Majeure & Applicable Laws
(l) Integrity Pact, if Applicable
(m) Any other condition specifically mentioned in the tender document elsewhere that
non-compliance of the clause lead to rejection of bid
Note: Further, it is once again reminded not to mention any condition in the Bid which is
contradictory to the terms and conditions of Tender document.
20 E-PAYMENT
GAIL (India) Limited has initiated payments to Suppliers and Contractors electronically,
and to facilitate the payments electronically through 'e-banking'. The successful bidder
should give the details of his bank account as per the bank mandate form.
[D] SUBMISSION OF BIDS
21 SUBMISSION, SEALING AND MARKING OF BIDS
21.1 In case of e-tendering, bids shall be submitted through e-tender mode in the manner
specified elsewhere in tender document. No Manual/ Hard Copy (Original) offer shall be
acceptable.
21.2 In case of manual tendering bid must be submitted in sealed envelope. If the envelope is
not sealed & marked as per Clause No. 11 of ITB, the employer will assume no
responsibility for misplacement or pre-mature opening of the bid.
21.3 All the bids shall be addressed to the owner at address specified in IFB.
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21.4 Bids submitted under the name of AGENT/ CONSULTANT/ REPRESENTATIVE
/RETAINER/ ASSOCIATE etc. on behalf of a bidder/affiliate shall not be accepted.
22 DEADLINE FOR SUBMISSION OF BIDS
22.1 In case of e-bidding, the bids must be submitted through e-tender mode not later than the
date and time specified in the tender documents/BDS.
22.2 In case of manual tendering EMD along with bid must be submitted within the due date
& time.
22.3 GAIL may, in exceptional circumstances and at its discretion, extend the deadline for
submission of Bids (clause 9 of ITB refers). In which case all rights and obligations of
GAIL and the Bidders, previously subject to the original deadline will thereafter be
subject to the deadline as extended. Notice for extension of due date of submission of bid
will be uploaded on GAIL's website/ communicated to the bidders.
23 LATE BIDS
23.1 Any bids received after the notified date and time of closing of tenders will be treated as
late bids.
23.2 In case of e-tendering, e-tendering system of GAIL shall close immediately after the due
date for submission of bid and no bids can be submitted thereafter.
In case of manual tendering, bids received by GAIL after the due date for submission of
bids shall not be considered. Such late bids shall be returned to the bidder within "10
days" in `unopened conditions'. The EMD of such bidders shall be returned along with
the un-opened bid. In case of e-tendering, where the bid bond/physical documents has
been received but the bid is not submitted by the bidder in the e-tendering portal, such
bid bond/ physical documents shall be returned immediately.
23.3 Unsolicited Bids or Bids received to address other than one specifically stipulated in the
tender document will not be considered for evaluation/opening/award if not received to
the specified destination within stipulated date & time.
24 MODIFICATION AND WITHDRAWAL OF BIDS
24.1 Modification and withdrawal of bids shall be as follows:-
24.1.1 IN CASE OF E- TENDERING
The bidder may withdraw or modify its bid after bid submission but before the due date
and time for submission as per tender document.
24.1.2 IN CASE OF MANUAL BIDDING
The bidder may withdraw or modify its bid after bid submission but before the due date
for submission as per tender document provided that the written notice of the
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modification/ substitution/ withdrawal in received by GAIL prior to the deadline for
submission of bid.
24.2 The modification shall also be prepared, sealed, marked and dispatched in accordance
with the provisions of the clause 11 & 22 of ITB with relevant `Cut-Out Slip' duly pasted
and mentioning on top of the envelope as "MODIFICATION". In case of withdrawal of
bid, the Envelope containing withdrawal letter duly superscribing the envelope as
"WITHDRAWAL" and "Tender Document number :...."/ communication regarding
withdrawal of bid with "Tender Document number :...."/ must reach concerned dealing
official of GAIL within Due date & Time of submission of Bid. No bid shall be
modified/ withdrawn after the Due Date & Time for Bid submission.
24.3 Any withdrawal/ modification/substitution of Bid in the interval between the Due Date &
Time for Bid submission and the expiration of the period of bid validity specified by the
Bidder in their Bid shall result in the Bidder's forfeiture of EMD pursuant to clause 16 of
ITB and rejection of Bid.
24.4 The latest Bid submitted by the Bidder shall be considered for evaluation and all other
Bid(s) shall be considered to be unconditionally withdrawn.
24.5 In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for
any mistake committed by him in bidding or withdrawal of bid or modification of bid or
varying any term in regard thereof leading to re-tendering, GAIL shall forfeit EMD paid
by the bidder and such bidders shall be debarred from participation in re-tendering of the
same job(s)/item(s). Further, such bidder will be put on holiday for a period of six
months after following the due procedure.
25 EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL
BIDS
GAIL reserves the right to accept or reject any Bid, and to annul the Bidding process and
reject all Bids, at any time prior to award of Contract, without thereby incurring any
liability to the affected Bidder or Bidders or any obligations to inform the affected Bidder
or Bidders of the ground for GAIL's action. However, Bidder if so desire may seek the
reason (in writing) for rejection of their Bid to which GAIL shall respond quickly.
[E] BID OPENING AND EVALUATION
26 BID OPENING
26.1 Unpriced Bid Opening :
GAIL will open bids, in the presence of bidders' designated representatives who choose
to attend, at date, time and location stipulated in the BDS. The bidders' representatives,
who are present shall sign a bid opening register evidencing their attendance.
26.2 Priced Bid Opening:
26.2.1 GAIL will open the price bids of those bidders who meet the qualification requirement
and whose bids is determined to be technically and commercially responsive. Bidders
selected for opening of their price bids shall be informed about the date of price bid
opening. Bidders may depute their authorized representative to attend the bid opening.
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The bidders' representatives, who are present shall sign a register evidencing their
attendance and may be required to be present on a short notice.
26.2.2 The price bids of those Bidders who were not found to be techno-commercially
responsive shall not be opened in both manual tendering and e-tendering. In case of
Manual Tender, the envelope containing Price Bid shall be returned unopened after
opening of the price bids of techno-commercially responsive Bidders.
26.3 In case of bids invited under the single bid system, bid shall be opened on the specified
due date & time.
27 CONFIDENTIALITY
Information relating to the examination, clarification, evaluation and comparison of Bids,
and recommendations for the award of a Contract, shall not be disclosed to Bidder(s) or
any other persons not officially concerned with such process.
28 CONTACTING THE EMPLOYER
28.1 From the time of Bid opening to the time of award of Contract, if any Bidder wishes to
contact the Employer on any matter related to the Bid, it should do so in writing.
Information relating to the examination, clarification, evaluation & recommendation for
award shall not be disclosed.
28.2 Any effort by the Bidder to influence the Employer in the Employer's 'Bid Evaluation',
'Bid Comparison', or 'Contract Award' decisions may result in the rejection of the
Bidder's Bid and action shall be initiated as per procedure in this regard.
29 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
29.1 The owner's determination of a bid's responsiveness is based on the content of the bid
only. Prior to the detailed evaluation of Bids, the Employer will determine whether each
Bid:-
(a) Meets the "Bid Evaluation Criteria" of the Bidding Documents;
(b) Has been properly signed;
(c) Is accompanied by the required 'Earnest Money / Bid Security';
(d) Is substantially responsive to the requirements of the Bidding Documents; and
(e) Provides any clarification and/or substantiation that the Employer may require to
determine responsiveness pursuant to "ITB: Clause-29.2"
29.2 A substantially responsive Bid is one which conforms to all the terms, conditions and
specifications of the Bidding Documents without material deviations or reservations or
omissions for this purpose employer defines the foregoing terms below:-
a) "Deviation" is departure from the requirement specified in the tender documents.
b) "Reservation" is the setting of limiting conditions or withholding from complete
acceptance of the requirement in the tender documents.
c) "Omission" is the failure to submit part or all of the information or
documentation required in the tender document.
29.3 A material deviation, reservation or omission is one that,
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a) If accepted would,
i) Affect in any substantial way the scope, quality, or performance of the job
as specified in tender documents.
ii) Limit, in any substantial way, inconsistent with the Tender Document, the
Employer's rights or the tenderer's obligations under the proposed
Contract.
b) If rectified, would unfairly affect the competitive position of other bidders
presenting substantially responsive bids.
29.4 The employer shall examine all aspects of the bid to confirm that all requirements have
been met without any material deviation, reservation or omission.
29.5 If a Bid is not substantially responsive, it may be rejected by the Employer and may not
subsequently be made responsive by correction or withdrawal of the of material
deviation, reservation or omission.
30 CORRECTION OF ERRORS
30.1 Bids determined to be substantially responsive will be checked by the Employer for any
arithmetic errors. Errors will be corrected by the Employer as follows:
(i) When there is a difference between the rates in figures and words, the rate which
corresponds to the amount worked out by the Bidder (by multiplying the quantity
and rate) shall be taken as correct.
(ii) When the rate quoted by the Bidder in figures and words tallies but the amount is
incorrect, the rate quoted by the contractor shall be taken as correct and not the
amount and the amount shall be re-calculated/ corrected accordingly.
(iii) When it is not possible to ascertain the correct rate, in the manner prescribed
above, the rate as quoted in words shall be adopted and the amount worked out,
for comparison purposes
30.2 The amount stated in the bid will be adjusted by the Employer in accordance with the
above procedure for the correction of errors. If the bidder does not accept the corrected
amount of bid, its bid will be rejected, and the bid security shall be forfeited.
31 CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS
Not Applicable. All bids submitted must be in the currency specified at clause 14 of ITB.
32 EVALUATION AND COMPARISON OF BIDS
Bid shall be evaluated as per evaluation criteria mentioned in Section-II of bidding
documents.
In case of a tie at the lowest bid (L1) position between two or more startup/non-startup
bidders, the order/LoA will be placed on the bidder who has higher/ highest turnover in
last audited financial year.
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In case there is a tie at the lowest bid (L1) position between only startup bidders and none
of them has past turnover, the order/LoA will be placed on the startup who is registered
earlier with Department of Industrial Promotion and Policy.
33 COMPENSATION FOR EXTENDED STAY NOT APPLICABLE
34 PURCHASE PREFERENCE
Purchase preference to Central government public sector Undertaking and Micro and
Small Enterprises (MSEs) shall be allowed as per Government instructions in vogue.
[F] AWARD OF CONTRACT
35 AWARD
Subject to "ITB: Clause-29", GAIL will award the Contract to the successful Bidder
whose Bid has been determined to be substantially responsive and has been determined
as the lowest provided that bidder, is determined to be qualified to satisfactorily perform
the Contract.
"GAIL intent to place the order/contract directly on the address from where Goods are
produced/dispatched are Services are rendered. In case, bidder wants order/ contract at
some other address or supply of Goods/ Services from multiple locations, bidder is
required to provide in their bid address on which order is to be placed".
36 NOTIFICATION OF AWARD / FAX OF ACCEPTANCE
36.1 Prior to the expiry of `Period of Bid Validity', Notification of Award for acceptance of
the Bid will be intimated to the successful Bidder by GAIL either by Fax / E - mail
/Letter or like means defined as the "Fax of Acceptance (FOA)". The Contract shall enter
into force on the date of FOA and the same shall be binding on GAIL and successful
Bidder (i.e. Contractor/Service Provider). The Notification of Award/FOA will
constitute the formation of a Contract. The detailed Letter of Acceptance shall be issued
thereafter incorporating terms & conditions of Tender Document, Corrigendum,
Clarification(s), Bid and agreed variation(s)/acceptable deviation(s), if any. GAIL may
choose to issue Notification of Award in form of detailed Letter of Acceptance without
issuing FOA and in such case the Contract shall enter into force on the date of detailed
Letter of Acceptance only.
36.2 Contract period shall commence from the date of "Notification of Award" or as
mentioned in the Notification of Award. The "Notification of Award" will constitute the
formation of a Contract, until the Contract has been effected pursuant to signing of
Contract as per "ITB: Clause-37".
Upon the successful Bidder's / Contractor's furnishing of 'Contract Performance Security
/ Security Deposit', pursuant to "ITB: Clause-38", GAIL will promptly discharge his
'Earnest Money / Bid Security', pursuant to "ITB: Clause-16".
36.3 The Order/ contract value mentioned above is subject to Price Reduction Schedule clause
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37 SIGNING OF AGREEMENT
37.1 GAIL will award the Contract to the successful Bidder, who, within 'fifteen [15] days' of
receipt of the same, shall sign and return the acknowledged copy to GAIL.
37.2 The successful Bidder/Contractor shall be required to execute an 'Agreement' in the
proforma given in this Bidding Document on a 'non-judicial stamp paper' of appropriate
value [cost of the 'stamp-paper' shall be borne by the successful Bidder/Contractor] and
of ' state' specified in Bidding Data Sheet (BDS) only, within 'fifteen [15] days' of receipt
of the "Fax of Acceptance [FOA]" of the Tender by the successful Bidder/Contractor
failure on the part of the successful Bidder/Contractor to sign the 'Agreement' within the
above stipulated period, shall constitute sufficient grounds for forfeiture of
EMD/Security Deposit.
38 CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT
38.1 Within 30 days of the receipt of the notification of award/ Fax of Acceptance from
GAIL, the successful bidder shall furnish the Contract Performance Security (CPS) in
accordance with of General Conditions of the Contract. The CPS shall be in the form of
either Banker's Cheque or Demand Draft or Bank Guarantee or Letter of Credit and shall
be in the currency of the Contract. However, CPS shall not be applicable in cases
wherein the individual order/contract value as specified in Notification of Award is less
than INR 5 Lakh (exclusive of GST).
38.2 The contract performance security shall be for an amount equal to specified in Bidding
Data Sheet (BDS) towards faithful performance of the contractual obligations and
performance of equipment. For the purpose of CPS, Contract/order value shall be
exclusive of GST (CGST & SGST/UTGST or IGST) to be reimbursed by the Owner.
Bank Guarantee towards CPS shall be from any Indian scheduled bank or a branch of an
International bank situated in India and registered with Reserve bank of India as
scheduled foreign bank in case of Indian bidder as well as foreign bidder. However, in
case of bank guarantees from banks other than the Nationalized Indian banks, the bank
must be a commercial bank having net worth in excess of Rs 100 crores and a declaration
to this effect should be made by such commercial bank either in the Bank Guarantee
itself or separately on its letterhead. This bank guarantee shall be valid for a period as
three months beyond the DLP specified in Bid Data Sheet.
38.3 Failure of the successful bidder to comply with the requirements of this article shall
constitute sufficient grounds for the annulment of the award and forfeiture of the EMD.
38.4 The CPS has to cover the entire contract value including extra works/services also. As
long as the CPS submitted at the time of award take cares the extra works/ services
executed and total executed value are within the awarded contract price, there is no need
for additional CPS. As soon as the total executed value is likely to burst the ceiling of
awarded contract price, the contractor should furnish additional CPS.
38.5 Further, the bidder can submit CPBG on line through issuing bank to GAIL directly as
per Ministry of Finance (MOF) Department of financial service direction vide letter ref
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number F.No.7/112/2011-BOA dated 17th July 2012. In such cases confirmation will not
be sought from issuing banker by GAIL.
38.6 In addition to existing specified form (i.e. Demand Draft (DD)/ Banker's Cheque/ Bank
Guarantee/Letter of Credit) mentioned in tender documents for submission of Security
Deposit/ Contract Performance Guarantee, the successful bidder can also submit the
Security Deposit/ Contract Performance Guarantee through online banking transaction
i.e. IMPS/NEFT/RTGS etc. For this purpose, the details of GAIL's Bank Account is
mentioned in BDS.
While remitting, the bidder must indicate "Security Deposit/ Contract Performance
Guarantee against FOA/DLOA/PO no. _______ (contractor/ vendor to specify the
FOA/DLOA/PO No.)" under remarks column of respective bank portal. The
contractor/vendor shall be required to submit the successful transaction details to the
dealing officer immediately through email/letter and necessarily within 30 days from the
date of Fax of Acceptance."
38.7 In case of forfeiture of Contract Performance Security/ Security Deposit, the forfeited
amount will be considered inclusive of tax and tax invoice will be issued by GAIL. The
forfeiture amount will be subject to final decision of GAIL based on other terms and
conditions of order/ contract.
39 PROCEDURE FOR ACTION IN CASE CORRUPT/
FRAUDULENT/COLLUSIVE/ COERCIVE PRACTICES
39.1 Procedure for action in case Corrupt/ Fraudulent/Collusive/Coercive Practices is provided
at Appendix-1 of General Conditions of Contract- Services.
39.2 The Fraud Prevention Policy document is available on GAIL's website
(www.gailonline.com)
39.3 NON-APPLICABILITY OF ARBITRATION CLAUSE IN CASE OF BANNING
OF VENDORS/ SUPPLIERS / CONTRACTORS/BIDDERS/ CONSULTANTS
INDULGED IN FRAUDULENT/ COERCIVE PRACTICES
Notwithstanding anything contained contrary in GCC and other "CONTRACT
DOCUMENTS", in case it is found that the Vendors/ Suppliers / Contractors/Bidders/
Consultants indulged in fraudulent/ coercive practices at the time of bidding, during
execution of the contract etc., and/or on other grounds as mentioned in GAIL's
"Procedure for action in case Corrupt/Fraudulent/Collusive/Coercive Practices"
(Annexure-I), the contractor/bidder shall be banned (in terms of aforesaid procedure)
from the date of issuance of such order by GAIL (India) Ltd., to such Vendors/ Suppliers
/ Contractors/Bidders/ Consultants.
The Vendor/ Supplier / Contractor/ Bidder/Consultant understands and agrees that in
such cases where Vendor/ Supplier / Contractor/ Bidder/Consultant has been banned (in
terms of aforesaid procedure) from the date of issuance of such order by GAIL (India)
Limited, such decision of GAIL (India) Limited shall be final and binding on such
Vendor/ Supplier / Contractor/ Bidder/Consultant and the `Arbitration clause' in the GCC
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and other "CONTRACT DOCUMENTS" shall not be applicable for any consequential
issue /dispute arising in the matter.
40 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES
40.1 Following provision has been incorporated in tender for MSEs, in line with notification
of Government of India, vide Gazette of India No. 503 dated 26.03.2012 proclaiming the
Public Procurement Policy on procurement of goods and services from Micro and Small
Enterprises (MSEs)
i) Issue of tender document to MSEs free of cost.
ii) Exemption to MSEs from payment of EMD/Bid Security.
iii) In Tender, participating Micro and Small Enterprises quoting price within price
band of L1+15% shall also be allowed to supply a portion of requirement by
bringing down their prices to L1 price in a situation where L1 price is from
someone other than a micro and small enterprises and such micro and small
enterprises shall be allowed to supply upto 25% of the total tendered value. In
case of more than one such Micro and Small Enterprises, the supply shall be
shared proportionately (to tendered quantity). Further, out of above 25%, 5%
(20% of 25%) shall be reserved for MSEs owned by SC/ST entrepreneurs.
Further, 3% shall be reserved for MSEs owned by women within above 25%
reservation. The respective quota(s) shall be transferred to other MSEs in case of
non-availability of MSEs owned by SC/ST entrepreneurs/ MSEs owned by
Women.
The quoted prices against various items shall remain valid in case of splitting of
quantities of the items above.
In case tendered item is non-splitable or non- dividable (specified in Bid Data
Sheet), MSE quoting price within price band L1 (other than MSE) + 15% , may
be awarded for full/ complete supply of total tendered value subject to matching
of L1 price.
40.2 The MSE(s) owned by SC/ST Entrepreneurs shall mean:-
a) In case of proprietary MSE, Proprietor(s) shall be SC/ST.
b) In case of partnership MSE, the SC/ST partners shall be holding atleast 51% share in
the unit
c) In case of private Limited Companies, at least 51% share is held by SC/ST. If the
MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate
documentary evidence in this regard.
The MSE(s) owned by Women shall mean:-
a) In case of proprietary MSE, Proprietor(s) shall be Women.
b) In case of partnership MSE, the Women partners shall be holding atleast 51%
share in the unit
c) In case of private Limited Companies, at least 51% share is held by Women. If
the MSE is owned by Women Entrepreneurs, the bidder shall furnish appropriate
documentary evidence in this regard.
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40.3 In case bidder is a Micro or Small Enterprise under the Micro, Small and Medium
Enterprises Development Act, 2006, the bidder shall submit the following :
a) Documentary evidence that the bidder is a Micro or Small Enterprises registered
with District Industries Centers or Khadi and Village Industries National Small
Industries Corporation or Directorate of Handicrafts and Handloom or any other
body specified by Ministry of Micro, Small and Medium Enterprises or Udyog
Aadhaar Memorandum.
b) If the MSE is owned by SC/ST Entrepreneurs/ Women Entrepreneur, the bidder
shall furnish appropriate documentary evidence in this regard.
The above documents submitted by the bidder shall be duly certified by the Chartered
Accountant (not being an employee or a Director or not having any interest in the
bidder's company/firm) and notary public with legible stamp.
If the bidder does not provide the above confirmation or appropriate document or any
evidence, then it will be presumed that they do not qualify for any preference admissible
in the Public Procurement Policy (PPP) 2012.
Further, MSEs who are availing the benfits of the Public Procurement Policy (PPP) 2012
get themselves registered with MSME Data Bank being operated by NSIC, under SME
Division, M/o MSME, in order to create proper data base of MSEs which are making
supplies to CPSUs.
40.4 If against an order placed by GAIL, successful bidder(s) (other than Micro/Small
Enterprise) is procuring material/services from their sub-vendor who is a Micro or Small
Enterprise registered with District Industries Centers (EM Part-2) or Khadi and Village
Industries Commission or Khadi and Village Industries Board or Coir Board or National
Small Industries Corporation or Directorate of Handicrafts and Handloom or any other
body specified by Ministry of Micro, Small and Medium Enterprises with prior consent
in writing of the purchasing authority/Engineer-in-charge, the details like Name,
Registration No., Address, Contact No. details of material & value of procurement made,
etc. of such Enterprises shall be furnished by the successful bidder at the time of
submission of invoice/Bill.
40.5 The benefit of policy are not extended to the traders/dealers/ Distributors
/Stockiest/Wholesalers.
40.6 NSIC has initiated a scheme of "Consortia and Tender Marketing Scheme" under which
they are assisting the Micro & Small enterprises to market their products and services
through tender participation on behalf of the individual unit or through consortia.
Accordingly, if the MSEs or the consortia, on whose behalf the bid is submitted by NSIC,
is meeting the BEC and other terms and conditions of tender their bid will be considered
for further evaluation. Further, in such cases a declaration is to be submitted by MSE/
consortia on their letter head (s) that all the terms and conditions of tender document shall
be acceptable to them.
40.7 It may be noted that Government of India has implemented Trade Receivable
Discounting System (TReDS) to address challenges faced by MSMEs in delayed
payments (after receipt/acceptance of Material/Services) from Government buyers
leading to shortfall of Working Capital. TReDS is an online electronic institutional
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mechanism for facilitating the financing of trade receivables of MSMEs through multiple
financiers. GAIL is already registered on the following TReDS platform:
M/s Receivable Exchange of India (RXIL), Mumbai
M/s Mynd Solutions Private Limited (Mynd), New Delhi
M/s A. TREDS (Invoicemart), Mumbai
MSME Bidders are requested to kindly register on the TReDS platform. The MSME
vendors can avail the TReDS facility, if they want to.
41 AHR ITEMS
In item rate contract where the quoted rates for the items exceed 50% of the estimate
rates, such items will be considered as Abnormally High Rates (AHR) items and payment
of AHR items beyond the SOR stipulated quantities shall be made at the lowest amongst
the following rates:
I) Rates as per SOR, quoted by the Contractor/Bidder.
II) Rate of the item, which shall be derived as follows:
a. Based on rates of Machine and labour as available from the contract
(which includes contractor's supervision, profit, overheads and other
expenses).
b. In case rates are not available in the contract, rates will be calculated based
on prevailing market rates of machine, material and labour plus 15% to
cover contractor's supervision profit, overhead & other expenses.
42 VENDOR PERFORMANCE EVALUATION
Shall be as stipulated Appendix-2 of General Conditions of Contract- Services with
following modifications:
(i) Clause no. 3.0 i)
Preparation of Performance Rating Data Sheet
Performance rating data Sheet for each and every Vendor/
Supplier/Contractor/Consultant for all orders/Contracts with a value of Rs. 50
Lakhs and above is recommended to be drawn up. Further, Performance rating
data Sheet for orders/contracts of Vendor/Supplier/Contractor/ Consultant who
are on watch list/holiday list/ banning list shall be prepared irrespective of order/
contract value. These data sheets are to be separately prepared for orders/
contracts related to Projects and O&M. Format, Parameters, Process,
responsibility for preparation of Performance Rating Data Sheet are separately
mentioned.
(ii) Clause no. 4.0 "EXCLUSIONS"
The following would be excluded from the scope of evaluation of performance of
Vendors/ Suppliers/Contractors/ Consultants :
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i) Orders/Contracts below the value of Rs. 50 Lakhs if Vendor/
Supplier/Contractor/ Consultant is not on watch list/ holiday list/ banning
list.
ii) Orders for Misc./Administrative items/ Non stock Non valuated items (PO
with material code ending with 9).
However, concerned Engineer-in-Charge /OICs will continue to monitor such
cases so as to minimize the impact on Projects/O&M plants due to non
performance of Vendors/ Suppliers/Contractors/ Consultants in all such cases.
(iii) Clause no. 5.1 v) and 5.3 v)
When no reply is received or reasons indicated are unsatisfactory, the following
actions need to be taken:
A) Where performance rating is "POOR" (as per Performance Rating carried
out after execution of Order/ Contract and where no reply/ unsatisfactory
reply is received from party against the letter seeking the explanation from
Vendor/Supplier/Contractor/ Consultant along with sharing the
performance rating)
Recommend such defaulting Vendor/Supplier/Contractor/ Consultant for
the following action:
(a) First such instance: Advisory notice (Yellow Card) shall be
issued and Vendor/Supplier/Contractor/ Consultant shall be put on
watch list for a period of Three (3) Years.
Such vendor will be allowed to participate in all other tenders and
to execute other ongoing order/ contract (s) or new contract/ order
(s).
The Yellow card will be automatically revoked after a period of
three years unless the same is converted into Red Card due to
subsequence instances of poor/ non-performance in other ongoing
order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/
Supplier/ Contractor/ Consultant.
(b) Second such instance in other ongoing order (s)/ contract (s) or
new order (s) /contact (s) on such Vendor/ Supplier/
Contractor/ Consultant
(i) Poor Performance due to reasons other than Quality:
Putting on Holiday for a period of One Year
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(ii) Poor Performance on account of Quality (if any mark
obtained against Quality parameter is less than 30):
Putting on Holiday for a period of Two Years
(c) Subsequent instances (more than two) in other ongoing order (s)/
contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/
Contractor/ Consultant: Putting on Holiday for a period of Three
Years
B) Where Poor/Non-Performance leading to termination of contract or
Offloading of contract due to poor performance attributable to
Vendor/Supplier/ Contractor/Consultant (under second para of Clause no.
2.17.3 of GCC-Services)
(a) First instance: Advisory notice (Yellow Card) shall be issued
and Vendor/Supplier/Contractor /Consultant shall be put on watch
list for a period of Three (3) Years.
Further such vendor will not be allowed to participate in the re-
tender of the same supply/work/services of that location which has
terminated / offloaded. Moreover, it will be ensured that all other
action as per provision of contract including forfeiture of Contract
Performance Security (CPS) etc. are undertaken.
However, such vendor will be allowed to participate in all other
tenders and to execute other ongoing order/ contract (s) or new
contract/ order (s).
The Yellow card will be automatically revoked after a period of
three years unless the same is converted into Red Card due to
subsequence instances of poor/ non-performance in other ongoing
order (s)/ contract (s) or new order (s) /contact (s) on such Vendor/
Supplier/ Contractor/ Consultant.
(b) Second instances in other ongoing order (s)/ contract (s) or new
order (s) /contact (s) on such Vendor/ Supplier/ Contractor/
Consultant: Holiday (Red Card) for period of One Year and they
shall also to be considered for Suspension.
(c) Subsequent instances (more than two) in other ongoing order
(s)/ contract (s) or new order (s) /contact (s) on such Vendor/
Supplier/ Contractor/ Consultant: Holiday (Red Card) for period
of Three Years and they shall also to be considered for
Suspension.
(C) Where Performance rating is "FAIR":
Issuance of warning to such defaulting Vendor/ Supplier/Contractor/
Consultant to improve their performance.
43 INCOME TAX & CORPORATE TAX
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43.1 Income tax deduction shall be made from all payments made to the contractor as per the
rules and regulations in force and in accordance with the Income Tax Act prevailing from
time to time.
43.2 Corporate Tax liability, if any, shall be to the contractor's account.
43.3 TDS, wherever applicable, shall be deducted as per applicable act/law/rule.
43.4 MENTIONING OF PAN NO. IN INVOICE/BILL
As per CBDT Notification No. 95/2015 dated 30.12.2015, mentioning of PAN no. is
mandatory for procurement of goods / services/works/consultancy services exceeding Rs.
2 Lacs per transaction.
Accordingly, supplier/ contractor/ service provider/ consultant should mention their PAN
no. in their invoice/ bill for any transaction exceeding Rs. 2 lakhs. As provided in the
notification, in case supplier/ contractor/ service provider/ consultant do not have PAN
no., they have to submit declaration in Form 60 along with invoice/ bill for each
transaction.
Payment of supplier/ contractor / service provider/ consultant shall be processed only
after fulfilment of above requirement
44 SETTLEMENT OF COMMERCIAL DISPUTES BETWEEN PUBLIC SECTOR
ENTERPRISE(S) INTER SE AND PUBLIC SECTOR ENTERPRISE(S) AND
GOVERNMENT DEPARTMENT (S) THROUGH ADMINISTRATIVE
MECHANISM FOR RESOLUTION OF CPSES DISPUTES (AMRCD) IN THE
DEPARTMENT OF PUBLIC ENTERPRISES
In the event of any dispute or difference relating to the interpretation and application of
the provisions of commercial contract(s)between Central Public Sector Enterprises
(CPSEs) inter se and also between CPSEs and Government Departments / Organizations
(excluding disputes concerning Railways, Income Tax, Customs & Excise Departments),
such dispute or difference shall be taken up by either party for resolution through
AMRCD as mentioned in DPE OM No. 4(1)/2013-DPE (GM) / FTS-1835 dated
22.05.2018.
45.0 INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS
PROVIDERS)
INAM-Pro (Platform for infrastructure and materials providers) is a web based platform
for infrastructure provides and materials suppliers and was developed by Ministry of
Road Transport and Highways (MoRT&H) with a view to reduce project execution
delays on account of supply shortages and inspire greater confidence in contractors to
procure cement to start with directly from the manufacturers. Presently, numerous cement
companies are registered in the portal and offering cement for sale on the portal with a
commitment period of 3 years. These companies have bound themselves by ceiling rates
for the entire commitment period, wherein they are allowed to reduce or increase their
cement rates any number of times within the ceiling rate, but are not permitted to exceed
the said ceiling rate.
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MoRT&H is expanding the reach of this web-portal by increasing both the product width
as well as the product depth. They are working on incorporating 60 plus product
categories. The product range will span from large machineries like Earth Movers and
Concrete Mixers, to even the smallest items like road studs. MoRT&H intend to turn it
into a portal which services every infrastructure development related need of a modern
contractor.
GAIL's contractors may use this innovative platform, wherever applicable. The usage of
web Portal is a completely voluntary exercise. The platform, however, can serve as a
benchmark for comparison of offered prices and products.
46 PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS
To promote cashless transactions, the onward payments by Contractors to their
employees, service providers, sub-contractors and suppliers may be made through Cards
and Digital means to the extent possible
47 CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING TO
SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY
While engaging the contractual manpower, Contractors are required to make efforts to
provide opportunity of employment to the people belonging to Scheduled Castes and
weaker sections of the society also in order to have a fair representation of these
sections.
48. QUARTERLY CLOSURE OF THE CONTRACT [FOR APPLICABILITY OF
THIS CLAUSE REFER BDS]:-
During execution of contracts/orders, various issues may arise. In order to timely detect
and to address the contractual issue (s) during the execution of contracts, GAIL has
introduced a mechanism of quarterly closure of the contract, under which all the issues
related to the contract execution will be monitored on quarterly basis for resolution.
Vendors/Contractors are required to co-operate with EIC for proper implementation of
this mechanism for smooth execution of the contract."
49. PROVISIONS FOR STARTPUS (AS DEFINED IN GAZETTE NOTIFICATION
NO. D.L-33004/99 DATED 18.02.2016 AND 23.05.2017 OF MINISTRY OF
COMMERCE AND INDUSTRY AND AS AMENDED FROM TIME TO TIME)
[FOR APPLICABLITY REFER BDS]
As mentioned in Section-II, Prior turnover and prior experience shall not be required for
all Startups [whether Micro & Small Enterprises (MSEs) or otherwise] subject to their
meeting the quality and technical specifications specified in tender document.
Further, the Startups are also exempted from submission of EMDs.
For availing the relaxation, bidder is required to submit requisite certificate towards
Startup enterprise registration issued by Department of Industrial Policy and Promotion,
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Ministry of Commerce and the certificate should be certified by the Chartered
Accountant (not being an employee or a Director or not having any interest in the
bidder's company/firm) and notary public with legible stamp.
If a Startup [whether Micro & Small Enterprises (MSEs) or otherwise] gets qualified
without turnover and experience criteria specified in tender and emerges lowest bidder,
the order on such Startup shall be placed for entire tendered quantity/group/item/part wise
as stated in tender.
If a Startup emerge lowest bidder, the LoA on such Startup shall be placed for entire
tendered quantity/group/item/part (as the case may be). However, during the Kick of
Meeting monthly milestones/ check points would be drawn. Further, the performance of
such contractor/ service provider will be reviewed more carefully and action to be taken
as per provision of contract in case of failure/ poor performance.
50. PROVISION REGARDING INVOICE FOR REDUCED VALUE OR CREDIT
NOTE TOWARDS PRS
As mentioned in GCC, PRS is the reduction in the consideration / contract value for the
goods / services covered under this contract. In case of delay in supply/ execution of
contract, supplier/ contractor/ service provider should raise invoice for reduced value as
per Price Reduction Schedule Clause (PRS clause). If supplier/ contractor/ service
provider has raised the invoice for full value, then supplier/ contractor/ service provider
should issue Credit Note towards the applicable PRS amount with applicable taxes.
In such cases if supplier/ contractor/ service provider fails to submit the invoice with
reduced value or does not issue credit note as mentioned above, GAIL will release the
payment to supplier/ contractor/ service provider after giving effect of the PRS clause
with corresponding reduction of taxes charged on vendor's invoice, to avoid delay in
delivery/collection of material."
In case any financial implication arises on GAIL due to issuance of invoice without
reduction in price or non-issuance of Credit Note, the same shall be to the account of
supplier/ contractor/ service provider. GAIL shall be entitled to deduct / setoff / recover
such GST amount (CGST & SGST/UTGST or IGST) together with penalties and interest,
if any, against any amounts paid or becomes payable by GAIL in future to the
Supplier/Contractor under this contract or under any other contract.
51. Fraud Prevention Policy
i) The Fraud Prevention Policy document is available on GAIL's website
(www.gailonline.com)
ii) Name and contact details of nodal officer are as under:
Shri. K R M Rao, CGM (C&P)-Corporate Office
Tel: 9690779988
E-mail: krmrao@gail.co.in
Bidder may refer to website for the updated details of corporate nodal officer.
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Annexure-I
ADDENDUM TO INSTRUCTIONS TO BIDDERS
(INSTRUCTIONS FOR PARTICIPATION IN E-TENDER)
Available on GAIL's e-tender website (https://etender.gail.co.in)
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ANNEXURE-IV
BIDDING DATA SHEET (BDS)
ITB TO BE READ IN CONJUNCTION WITH THE FOLLOWING:
A. GENERAL
ITB clause Description
1.2 The Invitation for Bids/ Tender no is : 8000015769
1.1 The Employer/Owner is: GAIL (India) Limited
2.1 The name of the Works/Services to be performed is: HIRING OF
PROFESSIONAL SERVICES OF CHARTERED ACCOUNTANT
FOR GST RELATED ISSUES AT JAIPUR OFFICE
3 BIDS FROM CONSORTIUM/ JOINT VENTURE: NOT
APPLICABLE
B. BIDDING DOCUMENT
ITB clause Description
8.1 For clarification purposes only, the communication address is:
Attention: Sh. Aishwarya Verma, MANAGER (C&P)
Street Address: GAIL-Bhawan, Sector:6, Vidhyadhar Nagar
Floor/Room number: Ground Floor
City: Jaipur
ZIP Code: 302039
State: Rajasthan
Country: India
C. PREPARATION OF BIDS
ITB clause Description
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11.1.1 (u) The Bidder shall submit with its Techno-commercial/ Unpriced bid
the following additional documents.
Refer SCC & Scope of Work
12 Additional Provision for Schedule of Rate/ Bid Price are as under:
Refer SCC & Scope of Work
12 & 13 Whether GAIL will be able to avail input tax credit in the instant
tender
YES
NO
14 The currency of the Bid shall be INR
15 The bid validity period shall be 90 days from final 'Bid Due Date'.
16.1 In case 'Earnest Money / Bid Security' is in the form of 'Demand
Draft' or 'Banker's Cheque', the same should be favor of GAIL
(India) Limited, payable at Jaipur.
Details of GAIL's Bank is:
Name of the Bank State Bank of India
Bank Account No. 00000032778503467
Type of Account Over Draft
Complete Branch Main Branch, Sanganeri Gate, M I Road, Pink
Address City, Jaipur, Rajasthan 302003
Branch Code 000656
IFSC Code SBIN0000656
MICR Code 302002002
16.10 and For submission of EMD/ Security Deposit/ Contract Performance Security
38.6 through online banking transaction i.e. IMPS/NEFT/RTGS, the details of
GAIL's Bank Account is mentioned above.
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D. SUBMISSION AND OPENING OF BIDS
ITB clause Description
18 In addition to the original of the Bid, the number of copies required
is one. Not applicable in case of e-tendering.
22 The E-Tender No. of this bidding process is: 8000015769
22.3 and 4.0 For bid submission purposes only (Manual) or the submission of
of IFB physical document as per clause no. 4.0 of IFB, the Owner's address
is :
Attention: Sh. Aishwarya Verma, MANAGER (C&P)
Street Address: GAIL-Bhawan, Sector:6, Vidhyadhar Nagar
Floor/Room number: Ground Floor
City: Jaipur
ZIP Code: 302039
State: Rajasthan
Country: India
26 The bid opening shall take place at:
Street Address: GAIL-Bhawan, Sector:6, Vidhyadhar Nagar
Floor/Room number: Ground Floor
City: Jaipur
ZIP Code: 302039
State: Rajasthan
Country: India
E. EVALUATION, AND COMPARISON OF BIDS
ITB clause Description
32 Evaluation Methodology is mentioned in Section-II.
33 Compensation for Extended Stay:
APPLICABLE X
NOT APPLICABLE
F. AWARD OF CONTRACT
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ITB clause Description
37 State of which stamp paper is required for Contract Agreement:
Rajasthan
38 Contract Performance Security/ Security Deposit
APPLICABLE
NOT APPLICABLE
X
SD / CPBG @ 10% of Total Order / Contract value* in case contract
period is less than one year or 10% of Annualized Order / Contract value*
in case contract period is more than one year.
OR
Initial security deposit (ISD) @ 2.5% of Total Order / Contract value* in
case contract period is less than one year or 2.5% of Annualized Order /
Contract value* in case contract period is more than one year within 30
days of FOA/notification of award and deduction @ 7.5% of the RA bill
subsequently from RA bills till the total amount of security deposit
(including ISD and deducted amount) reaches 10% of Total Order /
Contract value in case contract period is less than one year or 10% of
Annualized Order / Contract value in case contract period is more than
one year
* excluding GST
Whether tendered item is splitable or divisible :
YES X
NO
41 Provision of AHR Item :
APPLICABLE
NOT APPLICABLE X
48 Quarterly Closure of Contract
47
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APPLICABLE X
NOT APPLICABLE
48 Applicability of Startups
APPLICABLE
NOT APPLICABLE X
48
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FORMS & FORMAT
LIST OF FORMS & FORMAT
Form No. Description
F-1 BIDDER'S GENERAL INFORMATION
F-2 PROFORMA OF "BANK GUARANTEE" FOR "EARNEST
MONEY / BID SECURITY"
F-3 LETTER OF AUTHORITY
F-4 PROFORMA OF "BANK GUARANTEE" FOR
"CONTRACT PERFORMANCE SECURITY / SECURITY
DEPOSIT"
F-5 AGREED TERMS & CONDITIONS
F-6 ACKNOWLEDGEMENT CUM CONSENT LETTER
F-7 BIDDER'S EXPERIENCE
F-8 CHECK LIST
F-11 BIDDER'S QUERIES FOR PRE BID MEETING
F-12 E-BANKING FORMAT
F-14 FREQUENTLY ASKED QUESTIONS (FAQs)
F-15 PROFORMA FOR CONTRACT AGREEMENT
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F-1
BIDDER'S GENERAL INFORMATION
To,
M/S GAIL (INDIA) LIMITED
JAIPUR
SUB: HIRING OF PROFESSIONAL SERVICES OF CHARTERED ACCOUNTANT FOR
GST RELATED ISSUES AT JAIPUR OFFICE
TENDER NO: 8000015769
1 Bidder Name
2 Status of Firm Proprietorship Firm/Partnership firm/ Public
Limited/ Pvt. Limited/ Govt. Dept. / PSU/ Others
If Others Specify:_________________
3 Name of Proprietor/Partners/Directors of 1.
the firm/company 2.
3.
4 Number of Years in Operation
5 Address of Registered Office:
City:
District:
State:
PIN/ZIP:
Bidder's address where order/contract is
6 to be placed
City:
District:
State:
PIN/ZIP:
7 Address from where Goods/ Services
are to be dispatched/ provided along City:
with GST no. District:
(In case supply of Goods/ Services are State:
from multiple locations, addresses and PIN/ZIP:
GST no. of all such locations are to be GST No.:
provided).
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8 Telephone Number/ Mobile no. of address _____________________
where order is to be placed (Country Code) (Area Code) (Telephone
No.)
9 E-mail address
10 Website
11 Fax Number: ___________________________________
(Country Code) (Area Code) (Telephone
No.)
12 ISO Certification, if any {If yes, please furnish details}
13 PAN No.
14 GST No. (refer sl. no. 8 above)
15 EPF Registration No.
16 ESI code No.
17 Whether Micro or Small Enterprise Yes / No
(If Yes, Bidder to submit requisite documents as
specified it ITB:Clause No. 40)
Whether MSE is owned by SC/ST Yes / No
Entrepreneur(s) (If Yes, Bidder to submit requisite documents as
specified it ITB:Clause No. 40)
Whether MSE is owned by Women Yes / No
(If Yes, Bidder to submit requisite documents as
specified it ITB:Clause No. 40)
Whether payment is required through Yes / No
TReDS If Yes, please provide the name of portal
..........................................
18 Type of Entity Corporate/ Non-Corporate (As per
CGST/SGST/UTGST Act).
(In case of Non-Corporate Entity, bidder will
submit documentary evidence for same).
19 Whether Bidder is Startups or not Yes / No
(If Yes, Bidder to submit requisite documents as
specified it ITB:Clause No. 50)
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
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FORMAT F-2
PROFORMA OF "BANK GUARANTEE"
FOR "EARNEST MONEY / BID SECURITY"
(To be stamped in accordance with the Stamp Act)
Ref............... Bank Guarantee No.........
Date......................
To,
M/S GAIL (INDIA) LIMITED
JAIPUR
SUB: HIRING OF PROFESSIONAL SERVICES OF CHARTERED ACCOUNTANT FOR GST RELATED
ISSUES AT JAIPUR OFFICE
TENDER NO: 8000015769
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 irrevocable Bank Guarantee against Earnest 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) Ltd., the amount ________________ ____________________ without any reservation, protest,
demur and recourse. Any such demand made by GAIL, shall be conclusive and binding on us irrespective of
any dispute or difference raised by the Tenderer.
This guarantee shall be irrevocable and shall remain valid up to ____________ [this date should be two (02)
months beyond the validity of the bid].If any further extension of this guarantee is required, the same shall be
extended to such required period on receiving instructions from M/s.
_____________________________________________ whose behalf this guarantee is issued.
In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this
___________day of ____________ 20__ at ____________.
WITNESS:
(SIGNATURE) (SIGNATURE)
(NAME) (NAME)
Designation with Bank Stamp
(OFFICIAL ADDRESS) Attorney as per
Power of Attorney No. ________
Date: ________________________
52
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INSTRUCTIONS FOR FURNISHING "BID SECURITY / EARNEST MONEY"
BY "BANK GUARANTEE"
1. The Bank Guarantee by Bidders will be given on non-judicial stamp paper as per
"Stamp Duty" applicable. The non-judicial stamp paper should be in the name of
the issuing Bank. In case of foreign Bank, the said Bank's Guarantee to be issued
by its correspondent Bank in India on requisite non-judicial stamp paper
2. The expiry date should be arrived at in accordance with "ITB: Clause-15.1".
3. The Bank Guarantee by bidders will be given from Bank as specified in "ITB".
4. A letter from the issuing Bank of the requisite Bank Guarantee confirming that
said Bank Guarantee / all future communication relating to the Bank Guarantee
shall be forwarded to the Employer at its address as mentioned at "ITB".
5. Bidders must indicate the full postal address of the Bank along with the Bank's E-
mail / Fax / Phone from where the 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. 1,000,000,000.00 [Rupees One Hundred
Crores] or equivalent along with documentary evidence.
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F-3
LETTER OF AUTHORITY
[Pro forma for Letter of Authority for Attending Subsequent 'Negotiations' / 'Pre-Bid Meetings'
/'Un-priced Bid Opening' / 'Price Bid Opening']
Ref: Date:
M/S GAIL (INDIA) LIMITED
JAIPUR
SUB: HIRING OF PROFESSIONAL SERVICES OF CHARTERED ACCOUNTANT FOR GST
RELATED ISSUES AT JAIPUR OFFICE
TENDER NO: 8000015769
Dear Sir,
I/We, _____________________________________ hereby authorize the following
representative(s) for attending any 'Negotiations' / 'Meetings [Pre-Bid Meeting]', 'Un-priced Bid
Opening', 'Price Bid Opening' and for any subsequent correspondence / communication against
the above Bidding Documents:
[1] Name & Designation ____________________ Signature ___________________
Phone/Cell:
Fax:
E-mail: ......................................... @ ....................................
[2] Name & Designation ____________________ Signature ___________________
Phone/Cell:
Fax:
E-mail: ............................................... @ ....................................
We confirm that we shall be bound by all commitments made by aforementioned authorised
representative(s).
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
Note: This "Letter of Authority" should be on the "letterhead" of the Firm / Bidder and should be signed by a
person competent and having the 'Power of Attorney' to bind the Bidder. Not more than 'two [02] persons
per Bidder' are permitted to attend "Techno-commercial / Un-priced" & "Price Bid" Openings. Bidders
authorized representative is required to carry a copy of this authority letter while attending the un-priced
and priced bid opening, the same shall be submitted to GAIL.
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F-4
PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE
SECURITY / SECURITY DEPOSIT"
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
To,
M/s GAIL (INDIA) LIMITED
JAIPUR
Dear Sir(s),
M/s. __________________________________________________________________
having registered office at _______________________ (herein after called the
"contractor/supplier" which expression shall wherever the context so require include its
successors and assignees) have been placed/ awarded the job/work of
_______________________________________________ vide PO/LOA /FOA No.
_______________________________dated______ for GAIL (India) Limited having
registered office at 16, Bhikaiji Cama Place, R.K. Puram, New Delhi (herein after called the
"GAIL" which expression shall wherever the context so require include its successors and
assignees).
The Contract conditions provide that the SUPPLIER/CONTRACTOR shall pay a sum of
Rs. ____________________ (Rupees _________________________________________)
as full Contract Performance Guarantee in the form therein mentioned. The form of
payment of Contract Performance Guarantee includes guarantee executed by Nationalized
Bank/Scheduled Commercial Bank, undertaking full responsibility to indemnify GAIL
(INDIA) LIMITED, in case of default.
The said M/s._______________________________________________ has approached us
and at their request and in consideration of the premises we having our office at
______________________________ have agreed to give such guarantee as hereinafter
mentioned.
1. We
_________________________________________________________________
hereby undertake to give the irrevocable & unconditional guarantee to you that if
default shall be made by M/s. __________________________________ in
performing any of the terms and conditions of the tender/order/contract or in
payment of any money payable to GAIL (INDIA) LIMITED we shall on first
demand pay without demur, contest, protest and/ or without any recourse to the
contractor to GAIL in such manner as GAIL may direct the said amount of Rupees
55
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_____________________________ only or such portion thereof not exceeding the
said sum as you may require from time to time.
2. You will have the full liberty without reference to us and without affecting this
guarantee, postpone for any time or from time to time the exercise of any of the
powers and rights conferred on you under the order/contract with the said
M/s. _______________________________ and to enforce or to forbear from
endorsing any powers or rights or by reason of time being given to the said
M/s.__________________________ and such postponement forbearance would not
have the effect of releasing the bank from its obligation under this debt.
3. Your right to recover the said sum of Rs.
______________________________________ (Rupees
_______________________________________) from us in manner aforesaid is
absolute & unequivocal and will not be affected or suspended by reason of the fact
that any dispute or disputes have been raised by the said M/s.
___________________________ and/or that any dispute or disputes are pending
before any officer, tribunal or court or arbitrator or any other authority/forum and
any demand made by you in the bank shall be conclusive and binding. The bank
shall not be released of its obligations under these presents by any exercise by you of
its liberty with reference to matter aforesaid or any of their or by reason or any other
act of omission or commission on your part or any other indulgence shown by you or
by any other matter or changed what so ever which under law would, but for this
provision, have the effect of releasing the bank.
4. The guarantee herein contained shall not be determined or affected by the liquidation
or winding up dissolution or changes of constitution or insolvency of the said
supplier/contractor but shall in all respects and for all purposes be binding and
operative until payment of all money due to you in respect of such liabilities is paid.
5. This guarantee shall be irrevocable and shall remain valid upto
___________________ (this date should be 90 days after the expiry of defect
liability period/ Guarantee period) _______________. The bank undertakes not to
revoke this guarantee during its currency without your previous consent and further
agrees that the guarantee shall continue to be enforceable until it is discharged by
GAIL in writing. However, if for any reason, the supplier/contractor is unable to
complete the supply/work within the period stipulated in the order/contract and in
case of extension of the date of delivery/completion resulting extension of defect
liability period/guarantee period of the supplier/contractor fails to perform the
supply/work fully, the bank hereby agrees to further extend this guarantee at the
instance of the supplier/contractor till such time as may be determined by GAIL. If
any further extension of this guarantee is required, the same shall be extended to
56
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such required period on receiving instruction from M/s.
___________________________________________________ (contractor) on
whose behalf this guarantee is issued.
6. Bank also agrees that GAIL at its option shall be entitled to enforce this Guarantee
against the bank (as principal debtor) in the first instant, without proceeding
against the supplier/contractor and notwithstanding any security or other guarantee
that GAIL may have in relation to the suppplier's/contractor's liabilities.
7. The amount under the Bank Guarantee is payable forthwith without any delay by
Bank upon the written demand raised by GAIL. Any dispute arising out of or in
relation to the said Bank Guarantee shall be subject to the exclusive jurisdiction of
courts at New Delhi.
8. Therefore, we hereby affirm that we are guarantors and responsible to you on
behalf of the Supplier/Contractor up to a total amount of __________(amount of
guarantees in words and figures) and we undertake to pay you, upon your first
written demand declaring the Supplier/Contractor to be in default under the
order/contract and without caveat or argument, any sum or sums within the limits
of (amounts of guarantee) as aforesaid, without your needing to prove or show
grounds or reasons for your demand or the sum specified therein.
9. We have power to issue this guarantee in your favor under Memorandum and
Articles of Association and the undersigned has full power to do under the Power of
Attorney, dated ___________ granted to him by the Bank.
Yours faithfully,
_______________
Bank by its Constituted Attorney
Signature of a person duly
Authorized to sign on behalf of the
Bank
57
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INSTRUCTIONS FOR FURNISHING
"CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT" BY "BANK
GUARANTEE"
1. The Bank Guarantee by successful Bidder(s) will be given on non-judicial stamp
paper as per 'stamp duty' applicable. The non-judicial stamp paper should be in
name of the issuing bank. In case of foreign bank, the said Bank Guarantee to be
issued by its correspondent bank in India on requisite non-judicial stamp paper and
place of Bid to be considered as Delhi.
2. The Bank Guarantee by Bidders will be given from bank as specified in Tender.
3. A letter from the issuing bank of the requisite Bank Guarantee confirming that
said Bank Guarantee and all future communication relating to the Bank Guarantee
shall be forwarded to Employer.
4. If a Bank Guarantee is issued by a commercial bank, then a letter to Employer and
copy to Consultant (if applicable) confirming its net worth is more than Rs.
100,00,00,000.00 [Rupees One Hundred Crores] or its equivalent in foreign
currency alongwith documentary evidence.
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F-5
AGREED TERMS & CONDITIONS
To,
M/S GAIL (INDIA) LIMITED
JAIPUR
SUB: HIRING OF PROFESSIONAL SERVICES OF CHARTERED ACCOUNTANT FOR
GST RELATED ISSUES AT JAIPUR OFFICE
TENDER NO: 8000015769
This Questionnaire duly filled in, signed & stamped must form part of Bidder's Bid and should
be returned along with Un-priced Bid. Clauses confirmed hereunder need not be repeated in the
Bid.
Sl. DESCRIPTION BIDDER'S
CONFIRMATION
1 Bidder's name and address
2. Bidder confirms the currency of quoted prices is in Indian
Rupees.
3. Bidder confirms quoted prices will remain firm and fixed till
complete execution of the order.
4 Rate of GST (CGST & SGST/ UTGST or IGST ) quoted CGST: ............... %
in Price Schedule/ SOR Plus SGST/UTGST.........
%
Total: ....................%
Or
IGST:............. %
4.1 Whether in the instant tender services/works are covered in Yes/ No
reverse charge rule of GST (CGST & SGST/UTGST or
IGST) In case of Yes, please
specify GST (CGST &
SGST/UTGST or IGST)
payable by:
GAIL:.............%
Bidder:..............%
4.2 Service Accounting Codes (SAC)/ Harmonized System of
Nomenclature (HSN)
4.3 Bidder hereby confirms that the quoted prices are in
compliance with the Section 171 of CGST Act/ SGST Act as
mentioned as clause no. 13.10 of ITB
5. Bidder confirms acceptance of relevant Terms of Payment
specified in the Bid Document.
6. Bidder confirms that Contract Performance Security will be
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Sl. DESCRIPTION BIDDER'S
CONFIRMATION
furnished as per Bid Document.
7. Bidder confirms that Contract Performance Security shall be
from any Indian scheduled bank or a branch of an
International bank situated in India and registered with
Reserve bank of India as scheduled foreign bank. However,
in case of bank guarantees from banks other than the
Nationalised Indian banks, the bank must be a commercial
bank having net worth in excess of Rs 100 crores and a
declaration to this effect shall be made by such commercial
bank either in the Bank Guarantee itself or separately on its
letterhead.
8. Bidders confirms compliance to Completion Schedule as
specified in Bid document. Confirm contract period shall be
reckoned from the date of Fax of Acceptance.
9. Bidders confirms acceptance of Price Reduction Schedule
for delay in completion schedule specified in Bid document.
In case of delay, the bills shall be submitted after reducing
the price reduction due to delay.
10. a) Bidder confirms acceptance of all terms and conditions
of Bid Document (all sections).
b) Bidder confirms that printed terms and conditions of
bidder are not applicable.
11. Bidder confirms their offer is valid for period specified in
BDS from Final/Extended due date of opening of Techno-
commercial Bids.
12. Bidder have furnished EMD/Bid Security details :
a) EMD/ Bid Security No. & date
b) Value
c) Validity
13. As per requirement of tender, bidder (having status as Pvt.
Ltd. or Limited company) must upload bid duly digitally
signed on e-portal through class-3B digital signature (DS). In
case, class of DS or name of employee or name of employer
is not visible in the digitally signed documents, the bid
digitally signed as submitted by the person shall be binding
on the bidder.
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Sl. DESCRIPTION BIDDER'S
CONFIRMATION
14. Bidder confirms that (i) none of Directors (in Board of Confirmed
Director) of bidder is a relative of any Director (in Board of
Director) of Owner or (ii) the bidder is not a firm in which Not
any Director (in Board of Director) of Owner/ GAIL or their confirmed
relative is not a partner.
15. All correspondence must be in ENGLISH language only.
16. The contents of this Tender Document have not been
modified or altered by Bidder. In case, it is found that the
tender document has been modified / altered by the bidder,
the bid submitted by them shall be liable for rejection.
17. Bidder confirms that all Bank charges associated with
Bidder's Bank shall be borne by Bidder.
18. No Deviation Confirmation:
It may be note that any 'deviation / exception' in any form may
result in rejection of Bid. Therefore, Bidder confirms that they
have not taken any 'exception / deviation' anywhere in the Bid.
In case any 'deviation / exception' is mentioned or noticed,
Bidder's Bid may be rejected.
19. If Bidder becomes a successful Bidder and pursuant to the
provisions of the Tender Document, award is given to them
against subject Tender Document, the following
Confirmation shall be automatically enforceable:
"We agree and acknowledge that the Employer is entering
into the Contract/Agreement solely on its own behalf and not
on behalf of any other person or entity. In particular, it is
expressly understood & agreed that the Government of India
is not a party to the Contract/Agreement and has no
liabilities, obligations or rights thereunder. It is expressly
understood and agreed that the Purchaser is authorized to
enter into Contract/Agreement, solely on its own behalf
under the applicable laws of India. We expressly agree,
acknowledge and understand that the Purchaser is not an
agent, representative or delegate of the Government of India.
It is further understood and agreed that the Government of
India is not and shall not be liable for any acts, omissions,
commissions, breaches or other wrongs arising out of the
Agreement. Accordingly, we hereby expressly waive, release
and forego any and all actions or claims, including cross
claims, VIP claims or counter claims against the Government
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Sl. DESCRIPTION BIDDER'S
CONFIRMATION
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."
20. Bidder to ensure all documents as per tender including
clause 11 of Section III and all Formats are included in their
bid
21. Bidder understands that Tender Document is not exhaustive.
In case any activity though specifically not covered in
description of 'Schedule of Rates' but is required to complete
the work as per Scope of Work, Conditions of Contract, or
any other part of Bidding document, the quoted rates will
deemed to be inclusive of cost incurred for such activities
unless otherwise specifically excluded. Bidder confirms to
perform for fulfilment of the contract and completeness of
the supplies in all respect within the scheduled time frame
and quoted price.
22. Bidder hereby confirms that they are not on `Holiday' by
GAIL or Public Sector Project Management Consultant (like
EIL, Mecon only due to "poor performance" or "corrupt and
fraudulent practices") or banned by Government
department/ Public Sector on due date of submission of bid.
Further, Bidder confirms that neither they nor their allied
agency/(ies) (as defined in the Procedure for Action in case
of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are
on banning list of GAIL or the Ministry of Petroleum and
Natural Gas.
Bidder also confirms that they are not under any liquidation,
court receivership or similar proceedings or 'bankruptcy'.
In case it comes to the notice of GAIL that the bidder has
given wrong declaration in this regard, the same shall be
dealt as `fraudulent practices' and action shall be initiated as
per the Procedure for action in case of
Corrupt/Fraudulent/Collusive/Coercive Practices.
Further, Bidder also confirms that in case there is any
change in status of the declaration prior to award of contract,
the same will be promptly informed to GAIL by them.
62
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Sl. DESCRIPTION BIDDER'S
CONFIRMATION
23. Bidder confirms that, in case of contradiction between the
confirmations provided in this format and terms &
conditions mentioned elsewhere in the offer, the
confirmations given in this format shall prevail.
24. Bidder hereby confirms that they have read and understood
the General Conditions of Contract Services available on
GAIL's Tender Website
http://gailtenders.in/Gailtenders/gccs.asp & no `exception
/deviation' anywhere has been taken in the same and they
shall abide by provisions of relevant GCC.
25. Bidder certify that they would adhere to the Fraud
Prevention Policy of GAIL [available on GAIL's website
(www.gailonline.com)] and shall not indulge themselves or
allow others (working in GAIL) to indulge in fraudulent
activities and that they would immediately apprise GAIL of
the fraud/suspected fraud as soon as it comes to their notice.
Concealment of facts regarding their involvement in
fraudulent activities in connection with the business
transaction(s) of GAIL is liable to be treated as crime and
dealt with by the procedures of GAIL as applicable from
time to time.
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
63
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F-6
ACKNOWLEDGEMENT CUM CONSENT LETTER
(On receipt of tender document/information regarding the tender, Bidder shall acknowledge the
receipt and confirm his intention to bid or reason for non-participation against the enquiry /tender
through e-mail/fax to concerned executive in GAIL issued the tender, by filling up the Format)
To,
M/S GAIL (INDIA) LIMITED
JAIPUR
SUB: HIRING OF PROFESSIONAL SERVICES OF CHARTERED ACCOUNTANT FOR GST RELATED
ISSUES AT JAIPUR OFFICE
TENDER NO: 8000015769
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.
We intend to bid as requested for the subject item/job and furnish following details with respect
to our quoting office:
Postal Address with Pin Code : ....................
Telephone Number : ....................
Fax Number : ....................
Contact Person : ....................
E-mail Address : ....................
Mobile No. : ....................
Date : ....................
Seal/Stamp : ....................
We are unable to bid for the reason given below:
Reasons for non-submission of bid:
_____________________________________________________________________
Agency's Name : ....................
Signature : ....................
Name : ....................
Designation : ....................
Date : ....................
Seal/Stamp : ....................
64
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F-7
BIDDER'S EXPERIENCE
To,
M/S GAIL (INDIA) LIMITED
JAIPUR
SUB: HIRING OF PROFESSIONAL SERVICES OF CHARTERED ACCOUNTANT FOR
GST RELATED ISSUES AT JAIPUR OFFICE
TENDER NO: 8000015769
Sl. Descripti LOA Full Postal Value of Date of Scheduled Date of Reasons
No on /WO Address & Contract/ Commence Completion Actual for delay
of the No. and phone nos. of Order ment of Time (Mon Complet in
Services date Client. Name, (Specify Services ths) ion execution
designation and Currency , if any
address of Amount)
Engineer/
Officer-in-
Charge (for
cases other
than purchase)
(1) (2) (3) (5) (6) (7) (8) (9) (10)
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
65
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F-8
CHECK LIST
Bidders are requested to duly fill in the checklist. This checklist gives only certain
important items to facilitate the bidder to make sure that the necessary data/information
as called for in the bid document has been submitted by them along with their offer. This,
however, does not relieve the bidder of his responsibilities to make sure that his offer is
otherwise complete in all respects.
Please ensure compliance and tick () against following points:
S. No. DESCRIPTION CHECK REFERENCE PAGE
BOX NO. OF THE BID
SUBMITTED
1.0 Digitally Signing (in case of e-bidding)/ Signing
and Stamping (in case of manual bidding) on each
sheet of offer, original bidding document
including SCC, ITB, GCC ,SOR drawings,
corrigendum (if any)
2.0 Confirm that the following details have been
submitted in the Un-priced part of the bid
i Covering Letter, Letter of Submission
ii Bid Security
iii Digitally Signing (in case of e-bidding)/ Signing
and Stamping (in case of manual bidding) of
bidding document along with drawings and
corrigendum (if any)
iv Power of Attorney in the name of person signing
the bid.
v Details and documentary proof required against
BEC criteria
vi Confirm submission of document alongwith
unpriced bid as per bid requirement.
3.0 Confirm that all format duly filled in are enclosed
with the bid duly Digitally Signed (in case of e-
bidding)/ Signed and Stamped (in case of manual
bidding) by authorised person(s)
4.0 Confirm that the price part as per Price Schedule
format submitted with Bidding Document/
uploaded in case of e-bid.
66
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5.0 Confirm that annual reports & duly filled in
Form 9 are enclosed in the offer for financial
assessment (where financial criteria of BEC is
applicable).
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
67
F-11
BIDDER'S QUERIES FOR PRE BID MEETING
To,
M/S GAIL (INDIA) LIMITED
JAIPUR
SUB: HIRING OF PROFESSIONAL SERVICES OF CHARTERED ACCOUNTANT FOR GST RELATED ISSUES AT JAIPUR
OFFICE
TENDER NO: 8000015769
SL. REFERENCE OF BIDDING DOCUMENT BIDDER'S QUERY GAIL'S REPLY
NO. Subject
SEC. NO. Page No. Clause No.
NOTE: The Pre-Bid Queries may be sent by fax and also by e-mail before due date for receipt of Bidder's queries.
SIGNATURE OF BIDDER: ___________________________
NAME OF BIDDER : ___________________________
F-12
E-Banking Mandate Form
(To be issued on vendors letter head)
1. Vendor/customer Name :
2. Vendor/customer Code:
3. Vendor /customer Address:
4. Vendor/customer e-mail id:
5. Particulars of bank account
a) Name of Bank
b) Name of branch
c) Branch code:
d) Address:
e) Telephone number:
f) Type of account (current/saving etc.)
g) Account Number:
h) RTGS IFSC code of the bank branch
i) NEFT IFSC code of the bank branch
j) 9 digit MICR code
I/We hereby authorize GAIL(India) Limited to release any amount due to me/us in the
bank account as mentioned above. I/We hereby declare that the particulars given above
are correct and complete. If the transaction is delayed or lost because of incomplete or
incorrect information, we would not hold the GAIL (India) Limited responsible.
(Signature of vendor/customer)
BANK CERTIFICATE
We certify that --------------------------- has an Account no. ---------------------------- with us
and we confirm that the details given above are correct as per our records.
Bank stamp
Date (Signature of authorized officer of bank)
F-14
FREQUENTLY ASKED QUESTIONS (FAQs)
SL.NO. QUESTION ANSWER
1.0 Can any vendor quote for subject Yes. A Vendor has to meet Bid
Tender? Evaluation Criteria given under Section II
of Tender document in addition to other
requirements.
2.0 Should the Bid Evaluation Criteria Yes. Please refer Section II of Tender
documents be attested? document
3.0 Is attending Pre Meeting No. Refer Clause No. 17 of Instruction to
Bid
mandatory. Bidders of Tender Document. However
attending Pre Bid Meeting is
recommended to sort out any issue before
submission of bid by a Bidder.
4.0 Can a vendor submit more than 1 No. Please refer Clause No. 4 of
offer? Instruction to Bidders of Tender
Document.
5.0 Is there any Help document available Yes. Refer Annexure III to Instructions to
for e-Tender. Bidders of Tender Document and FAQs
as available on GAIL E-Tender portal.
6.0 Are there are any MSE (Micro & Yes. Refer Clause No. 40 of Instructions
Small Enterprises) benefits to Bidders of Tender Document.
available?
All the terms and conditions of Tender remain unaltered.
F-15
PROFORMA FOR CONTRACT AGREEMENT
[To be executed on non-judicial stamp paper of appropriate value]
LOA No. GAIL / dated -----------
Contract Agreement for the Services of ----------------- of GAIL (India) Ltd. made on ---------- between (Name and
Address)------------- , hereinafter called the "Service Provider" (which term shall unless excluded by or repugnant to
the subject or context include its successors and permitted assignees) of the one part and GAIL (India) Limited
hereinafter called the "Employer" (which term shall, unless excluded by or repugnant to the subject or context
include its successors and assignees) of the other part.
WHEREAS
A. The Employer being desirous of having provided and executed certain services mentioned, enumerated or
referred to in the Tender Documents including Letter Inviting Tender, General Tender Notice, General
Conditions of Contract, Special Conditions of Contract, Specifications, Drawings, Plans, Time Schedule of
completion of jobs, Schedule of Rates, Agreed Variations, other documents has called for Tender.
B. The Service Provider has inspected the Site and surroundings and nature of Services specified in the Tender
Documents and has satisfied himself by careful examination before submitting his tender as to the form and
nature of Site and local conditions, the quantities, nature and magnitude of the Services, the availability of
labour and materials necessary for the execution of Services, the means of access to above said place, the
supply of power and water thereto and the accommodation he may require and has made local and
independent enquiries and obtained complete information as to the matters and thing referred to, or implied
in the Tender Documents or having any connection therewith and has considered the nature and extent of
all probable and possible situations, delays, hindrances or interferences to or with the execution and
completion of the Services to be carried out under the Contract, and has examined and considered all
other matters, conditions and things and probable and possible contingencies, and generally all matters
incidental thereto and ancillary thereof affecting the execution and completion of the Services and
which might have influenced him in making his tender.
C. The Tender Documents including the Notice Letter Inviting Tender, General Conditions of Contract,
Special Conditions of Contract, Schedule of Rates, General Obligations, Specifications, Drawings, Plans,
Time Schedule for completion of Services, Letter of Acceptance of Tender and any statement of agreed
variations with its enclosures copies of which are hereto annexed form part of this Contract though
separately set out herein and are included in the expression "Contract" wherever here in used.
AND WHEREAS
The Employer accepted the Tender of the Service Provider for the provision and the execution of the said Services at
the rates stated in the Schedule of Rates of the Services and finally approved by Employer (hereinafter called the
"Schedule of Rates") upon the terms and subject to the conditions of Contract.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS FOLLOWS:-
1. In consideration of the payment to be made to the Service Provider for the Services to be executed by him,
the Service Provider hereby covenants with Employer that the Service Provider shall and will duly
provide, execute and complete the said Services and shall do and perform all other acts and things in the
Contract mentioned or described or which are to be implied there from or may be reasonably necessary for
the completion of the said Services and at the said times and in the manner and subject to the terms and
conditions or stipulations mentioned in the Contract.
2. In consideration of the due provision execution and completion of the said Services, Employer does
hereby agree with the Service Provider that the Employer will pay to the service provider the respective
amounts for the Services actually done by him and approved by the Employer at the Schedule of Rates
and such other sum payable to the Service Provider under provision of Contract, such payment to be
made at such time in such manner as provided for in the Contract.
AND
3. In consideration of the due provision, execution and completion of the said Services the Service
Provider does hereby agree to pay such sums as may be due to the Employer for the services rendered by
the Employer to the Service Provider, such as power supply, water supply and others as set for in the
said Contract and such other sums as may become payable to the Employer towards the controlled items
of consumable materials or towards loss, damage to the Employer's equipment, materials construction
plant and machinery, such payments to be made at such time and in such manner as is provided in the
Contract.
It is specifically and distinctly understood and agreed between the Employer and the Service Provider that
the Service Provider shall have no right, title or interest in the Site made available by the Employer for
execution of the Services or in the goods, articles, materials etc., brought on the said Site (unless the same
specifically belongs to the Service Provider) and the Service Provider shall not have or deemed to have
any lien whatsoever charge for unpaid bills will not be entitled to assume or retain possession or control
of the Site or structures and the Employer shall have an absolute and unfettered right to take full
possession of Site and to remove the Service Provider, their servants, agents and materials belonging to
the Service Provider and lying on the Site.
The Service Provider shall be allowed to enter upon the Site for execution of the Services only as a
licensee simpliciter and shall not have any claim, right, title or interest in the Site or the structures
erected thereon and the Employer shall be entitled to terminate such license at any time without
assigning any reason.
The materials including sand, gravel, stone, loose, earth, rock etc., dug up or excavated from the said Site
shall, unless otherwise expressly agreed under this Contract, exclusively belong to the Employer and the
Service Provider shall have no right to claim over the same and such excavation and materials should be
disposed off on account of the Employer according to the instruction in writing issued from time to time by
the Engineer-In-Charge.
In Witness whereof the parties have executed these presents in the day and the year first above written.
Signed and Delivered for and on Signed and Delivered for and
on behalf of Employer. on behalf of the Service Provider
GAIL (India) Limited Name of the Service Provider
_______________________________ ____________________________
_______________________________ ____________________________
Date :___________ Date :____________
Place:___________ Place:____________
IN PRESENCE OF TWO WITNESSES
1.___________________________ 1. ________________________
___________________________ ________________________
___________________________ ________________________
___________________________ ________________________
2.___________________________ 2. ________________________
___________________________ ________________________
___________________________ ________________________
___________________________ ________________________
SECTION IV
GENERAL
CONDITIONS OF
CONTRACT-
SERVICES
Refer General Conditions of Contract Services available on GAIL's Tender
Website http://gailtenders.in/Gailtenders/gccs.asp
Appendix--I
PROCEDURE FOR ACTION IN CASE CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE
PRACTICES
A Definitions:
A.1 "Corrupt Practice" means the offering, giving, receiving or soliciting, directly or indirectly, anything of
value to improperly influence the actions in selection process or in contract execution.
"Corrupt Practice" also includes any omission for misrepresentation that may mislead or attempt to mislead
so that financial or other benefit may be obtained or an obligation avoided.
A2 "Fraudulent Practice" means and include any act or omis sion committed by a agency or with his
connivance or by his agent by misrepresenting/ submitting false documents and/ or false information or
concealment of facts or to deceive in order to influence a selection process or during execution of contract/
order.
A3 "Collusive Practice amongst bidders (prior to or after bid submission)" means a scheme or arrangement
designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the
benefits of free and open competition.
A.4 "Coercive practice" means impairing or harming or threatening to impair or harm directly or indirectly, any
agency or its property to influence the improperly actions of an agency, obstruction of any investigation or
auditing of a procurement process.
A.5 "Vendor/Supplier/Contractor/Consultant/Bidder" is herein after referred as "Agency"
A.6 "Appellate Authority" shall mean Committee of Directors consisting of Director (Finance) and Director
(BD) for works centers under Director (Projects). For all other cases committee of Directors shall consist of
Director (Finance) & Director (Projects).
A.7 "Competent Authority" shall mean the authority, who is competent to take final decision for Suspension of
business dealing with an Agency/ (ies) and Banning of business dealings with Agency/ (ies) and shall be
the "Director" concerned.
A.8 "Allied Agency" shall mean all the concerns within the sphere of effective influence of banned/ suspended
agencies. In determining this, the following factors may be taken into consideration:
(a) Whether the management is common;
(b) Majority interest in the management is held by the partners or directors of banned/ suspended
firm.
(c ) substantial or majority shares are owned by banned/ suspended agency and by virtue of this it has
a controlling voice.
A.9 "Investigating Agency" shall mean any department or unit of GAIL investigating into the conduct of
Agency/ party and shall include the Vigilance Department of the GAIL, Central Bureau of Investigation,
State Police or any other agency set up by the Central or state government having power to investigate.
B Actions against bidder(s) indulging in corrupt /fraudulent/ collusive/ coercive practice
B.1 Irregularities noticed during the evaluation of the bids :
If it is observed during bidding process/ bids evaluation stage that a bidder has indulged in
corrupt/fraudulent /collusive/coercive practice, the bid of such Bidder (s) shall be rejected and its Earnest
Money Deposit (EMD) shall be forfeited.
Further, such agency shall be banned for future business with GAIL for a period specified in para B 2.2
below from the date of issue of banning order.
B.2 Irregularities noticed after award of contract
(i) During execution of contract:
If an agency, is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, during
execution of contract, the agency shall be banned for future business with GAIL for a period
specified in para B 2.2 below from the date of issue of banning order.
The concerned order (s)/ contract(s) where corrupt/fraudulent/collusive practices is observed, shall
be suspended with immediate effect by Engineer-in-Charge (EIC)/ Employer whereby the supply/
work/ service and payment etc. will be suspended. The action shall be initiated for putting the
agency on banning.
After conclusion of process, the order (s)/ contract (s) where it is concluded that such irregularities
have been committed shall be terminated and Contract cum Performance Bank Guarantee
(CPBG)/ Contract Performance Security (CPS) submitted by agency against such order (s)/
contract (s) shall also be forfeited. The amount that may have become due to the contractor on
account of work already executed by him shall be payable to the contractor and this amount shall
be subject to adjustment against any amounts due from the contractor under the terms of the
contract.
No risk and cost provision will be enforced in such cases.
(ii) After execution of contract and during Defect liability period (DLP)/ Warranty/Guarantee
Period:
If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after
execution of contract and during DLP/ Warranty/Guarantee Period, the agency shall be banned
for future business with GAIL for a period specified in para B 2.2 below from the date of issue of
banning order.
Further, the Contract cum Performance Bank Guarantee (CPBG)/Contract Performance Security
(CPS) submitted by agency against such order (s)/ contract (s) shall be forfeited.
(iii) After expiry of Defect liability period (DLP)/ Warranty/Guarantee Period
If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after
expiry of Defect liability period (DLP)/ Warranty/Guarantee Period, the agency shall be banned
for future business with GAIL for a period specified in para B 2.2 below from the date of issue of
banning order.
B.2.2 Period of Banning
The period of banning of agencies indulged in Corrupt/ Fraudulent/ Collusive/Coercive Practices shall
be as under and to be reckoned from the date of banning order:
S. Description Period of banning
No. from the date of
issuance of Banning
order
1 Misrepresentation/False information other than pertaining to BEC 02 years
of tender but having impact on the selection process.
For example, if an agency confirms not being in holiday/
banning list of PSUs/ Govt. Dept., liquidation, bankruptcy & etc.
and subsequently it is found otherwise, such acts shall be
considered in this category.
2 Corrupt/Fraudulent (pertaining to BEC of tender) 03 years
/Collusive/Coercive Practices
2.1 If an agency again commits Corrupt/Fraudulent (pertaining to
BEC of tender) /Collusive/ Coercive Practices in subsequent
cases after their banning, such situation of repeated offense to be
dealt with more severity and following shall be the period of
banning:
(v) Repeated once 7 years (in addition
to the period already
served)
(vi) Repeated twice or more 15 years (in addition
to the period already
served)
3 Indulged in unauthorized disposal of materials provided by 7 years
GAIL
4 If act of vendor/ contractor is a threat to the National Security 15 years
C Effect of banning on other ongoing contracts/ tenders
C.1 If an agency is put on Banning, such agency should not be considered in ongoing tenders/future tenders.
C.2 However, if such an agency is already executing other order (s)/ contract (s) where no corrupt/fraudulent/
collusive/coercive practice is found, the agency should be allowed to continue till its completion without
any further increase in scope except those incidental to original scope mentioned in the contract.
C.3 If an agency is put on the Banning List during tendering and no irregularity is found in the case under
process:
C.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the agency
shall be ignored.
C.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency shall not be opened
and BG/EMD submitted by the agency shall be returned to the agency.
C.3.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the agency shall be
ignored & will not be further evaluated. If the agency is put on banning list for fraud/ mis-appropriation of
facts committed in the same tender/other tender where errant agency emerges as the lowest (L1), then such
tender shall also be cancelled and re-invited.
D. Procedure for Suspension of Bidder
D.1 Initiation of Suspension
Action for suspension business dealing with any agency/(ies) shall be initiated by Corporate C&P
Department when
(i) Corporate Vigilance Department based on the fact of the case gathered during investigation by
them recommend for specific immediate action against the agency.
(ii) Corporate Vigilance Department based on the input from Investigating agency, forward for
specific immediate action against the agency.
(iii) Non performance of Vendor/Supplier/Contractor/Consultant leading to termination of Contract/
Order.
D.2 Suspension Procedure:
D.2.1 The order of suspension would operate initially for a period not more than six months and is to be
communicated to the agency and also to Corporate Vigilance Department. Period of suspension can be
extended with the approval of the Competent Authority by one month at a time with a ceiling of six
months pending a conclusive decision to put the agency on banning list.
D.2.2 During the period of suspension, no new business dealing may be held with the agency.
D.2.3 Period of suspension shall be accounted for in the final order passed for banning of business with the
agency.
D.2.4 The decision regarding suspension of business dealings should also be communicated to the agency.
D.2.5 If a prima-facie, case is made out that the agency is guilty on the grounds which can result in banning
of business dealings, proposal for issuance of suspension order and show cause notice shall be put up
to the Competent Authority. The suspension order and show cause notice must include that (i) the
agency is put on suspension list and (ii) why action should not be taken for banning the agency for
future business from GAIL.
The competent authority to approve the suspension will be same as that for according approval for
banning.
D3 Effect of Suspension of business:
Effect of suspension on other on-going/future tenders will be as under:
D.3.1 No enquiry/bid/tender shall be entertained from an agency as long as the name of agency appears in
the Suspension List.
D.3.2 If an agency is put on the Suspension List during tendering:
D.3.2.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the
agency shall be ignored.
D.3.2.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency shall not be
opened and BG/EMD submitted by the agency shall be returned to the agency.
D.3.2.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the agency shall be
ignored & will not be further evaluated. If the agency is put on Suspension list for fraud/ mis-
appropriation of facts conducted in the same tender/other tender where errant agency emerges as the
lowest (L1), then such tender shall also be cancelled and re-invited.
D.3.3 The existing contract (s)/ order (s) under execution shall continue.
D.3.4 Tenders invited for procurement of goods, works and services shall have provision that the bidder shall
submit a undertaking to the effect that (i) neither the bidder themselves nor their allied agency/(ies) are
on banning list of GAIL or the Ministry of Petroleum and Natural Gas and (ii) bidder is not banned
by any Government department/ Public Sector.
F. Appeal against the Decision of the Competent Authority:
F.1 The agency may file an appeal against the order of the Competent Authority for putting the agency on
banning list. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one
month from the of receipt of banning order.
F.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to
the party as well as the Competent Authority.
F.3 Appeal process may be completed within 45 days of filing of appeal with the Appellate Authority.
G. Wherever there is contradiction with respect to terms o f `Integrity pact' , GCC and `Procedure for action in
case of Corrupt/Fraudulent/ Collusive/Coercive Practice', the provisions of `Procedure for action in case of
Corrupt/Fraudulent/ Collusive/Coercive Practice' shall prevail.
Appendix-II
PROCEDURE FOR EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/
CONTRACTORS/ CONSULTANTS
1.0 GENERAL
A system for evaluation of Vendors/ Suppliers/Contractors/ Consultants and their performance is a key
process and important to support an effective purchasing & contracting function of an organization.
Performance of all participating Vendors/ Suppliers/Contractors/ Consultants need to be closely monitored
to ensure timely receipt of supplies from a Vendor, completion of an assignment by a Consultant or
complete execution of order by a contractor within scheduled completion period. For timely execution of
projects and meeting the operation & maintenance requirement of operating plants, it is necessary to
monitor the execution of order or contracts right from the award stage to completion stage and take
corrective measures in time.
2.0 OBJECTIVE
The objective of Evaluation of Performance aims to recognize, and develop reliable Vendors/
Suppliers/Contractors/ Consultants so that they consistently meet or exceed expectations and requirements.
The purpose of this procedure is to put in place a system to monitor performance of Vendors/
Suppliers/Contractors/ Consultants associated with GAIL so as to ensure timely completion of various
projects, timely receipt of supplies including completion of works & services for operation and
maintenance of operating plants and quality standards in all respects.
3.0 METHODOLOGY
i) Preparation of Performance Rating Data Sheet
Performance rating data Sheet for each and every Vendor/ Supplier/Contractor/Consultant for all
orders/Contracts with a value of Rs. 50 Lakhs and above is recommended to be drawn up.
Further, Performance rating data Sheet for orders/contracts of Vendor/Supplier/Contractor/
Consultant who are on watch list/holiday list/ banning list shall be prepared irrespective of order/
contract value. These data sheets are to be separately prepared for orders/ contracts related to
Projects and O&M. Format, Parameters, Process, responsibility for preparation of Performance
Rating Data Sheet are separately mentioned.
ii) Measurement of Performance
Based on the parameters defined in Data Sheet, Performance of concerned Vendor/
Supplier/Contractor/ Consultant would be computed and graded accordingly. The measurement
of the performance of the Party would be its ability to achieve the minimum scoring of 60% points
in the given parameters.
iii) Initiation of Measures:
Depending upon the Grading of Performance, corrective measures would be initiated by taking up
the matter with concerned Vendor/ Supplier/Contractor/ Consultant. Response of Vendor/
Supplier/Contractor/ Consultant would be considered before deciding further course of action.
iv) Implementation of Corrective Measures:
Based on the response of Vendor/ Supplier/Contractor/ Consultant, concerned Engineer-in-Charge
for the Projects and/or OIC in case of O&M would recommend for continuation or discontinuation
of such party from the business of GAIL.
v) Orders/contracts placed on Proprietary/OEM basis for O&M will be evaluated and, if required,
corrective action will be taken for improvement in future.
4.0 EXCLUSIONS:
The following would be excluded from the scope of evaluation of performance of Vendors/
Suppliers/Contractors/ Consultants :
i) Orders/Contracts below the value of Rs. 50 Lakhs if Vendor/ Supplier/Contractor/ Consultant is
not on watch list/ holiday list/ banning list.
ii) Orders for Misc./Administrative items/ Non stock Non valuated items (PO with material code
ending with 9).
However, concerned Engineer-in-Charge /OICs will continue to monitor such cases so as to minimize the
impact on Projects/O&M plants due to non performance of Vendors/ Suppliers/Contractors/ Consultants in
all such cases.
5.0 PROCESS OF EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/
CONTRACTORS/ CONSULTANTS
5.1 FOR PROJECTS
i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of PROJECTS
shall be done immediately with commissioning of any Project.
ii) On commissioning of any Project, EIC (Engineer-in-charge)/ Project-in-charge shall prepare a
Performance Rating Data Sheet (Format at Annexure-1) for all Orders and Contracts.
iii) Depending upon the Performance Rating, following action shall be initiated by Engineer-in-
charge/Project-in-charge:
Sl.No. Performance Action
Rating
1 POOR Seek explanation for Poor performance
2 FAIR Seek explanation for Fair performance
3 GOOD Letter to the concerned for improving
performance in future
4 VERY GOOD No further action
iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In case of
satisfactory reply, Performance Rating data Sheet to be closed with a letter to the concerned for
improving performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following actions need to be
taken:
A) Where performance rating is "POOR" (as per Performance Rating carried out after
execution of Order/ Contract and where no reply/ unsatisfactory reply is received from
party against the letter seeking the explanation from Vendor/Supplier/Contractor/
Consultant along with sharing the performance rating)
Recommend such defaulting Vendor/Supplier/Contractor/ Consultant for the following
action:
(b) First such instance: Advisory notice (Yellow Card) shall be issued and
Vendor/Supplier/Contractor/ Consultant shall be put on watch list for a period of
Three (3) Years.
Such vendor will be allowed to participate in all other tenders and to execute
other ongoing order/ contract (s) or new contract/ order (s).
The Yellow card will be automatically revoked after a period of three years
unless the same is converted into Red Card due to subsequence instances of
poor/ non-performance in other ongoing order (s)/ contract (s) or new order (s)
/contact (s) on such Vendor/ Supplier/ Contractor/ Consultant.
(b) Second such instance in other ongoing order (s)/ contract (s) or new order
(s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant
(iii) Poor Performance due to reasons other than Quality: Putting on
Holiday for a period of One Year
(iv) Poor Performance on account of Quality (if any mark obtained against
Quality parameter is less than 30): Putting on Holiday for a period
of Two Years
(c) Subsequent instances (more than two) in other ongoing order (s)/ contract (s) or
new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant:
Putting on Holiday for a period of Three Years
B) Where Poor/Non-Performance leading to termination of contract or Offloading of
contract due to poor performance attributable to Vendor/Supplier/ Contractor/Consultant
(under clause no. 32 (C) of GCC-Works)
(d) First instance: Advisory notice (Yellow Card) shall be issued and
Vendor/Supplier/Contractor /Consultant shall be put on watch list for a period of
Three (3) Years.
Further such vendor will not be allowed to participate in the re-tender of the
same supply/work/services of that location which has terminated / offloaded.
Moreover, it will be ensured that all other action as per provision of contract
including forfeiture of Contract Performance Security (CPS) etc. are undertaken.
However, such vendor will be allowed to participate in all other tenders and to
execute other ongoing order/ contract (s) or new contract/ order (s).
The Yellow card will be automatically revoked after a period of three years
unless the same is converted into Red Card due to subsequence instances of
poor/ non-performance in other ongoing order (s)/ contract (s) or new order (s)
/contact (s) on such Vendor/ Supplier/ Contractor/ Consultant.
(e) Second instances in other ongoing order (s)/ contract (s) or new order (s)
/contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red
Card) for period of One Year and they shall also to be considered for
Suspension.
(f) Subsequent instances (more than two) in other ongoing order (s)/ contract (s)
or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant:
Holiday (Red Card) for period of Three Years and they shall also to be
considered for Suspension.
(C) Where Performance rating is "FAIR":
Issuance of warning to such defaulting Vendor/ Supplier/Contractor/ Consultant to
improve their performance.
5.2 FOR CONSULTANCY JOBS
Monitoring and Evaluation of consultancy jobs will be carried out in the same way as described in para 5.1
for Projects.
5.3 FOR OPERATION & MAINTENANCE
i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of Operation
and Maintenance shall be done immediately after execution of order/ contract.
ii) After execution of orders a Performance Rating Data Sheet (Format at Annexure-2) shall be
prepared for Orders by Site C&P and for Contracts/Services by respective Engineer-In-Charge.
iii) Depending upon Performance Rating, following action shall be initiated by EIC:
Sl. No. Performance Rating Action
1 POOR Seek explanation for Poor performance
2. FAIR Seek explanation for Fair performance
3 GOOD Letter to the concerned for improving
performance in future.
4 VERY GOOD No further action
iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In case of
satisfactory reply, Performance Rating data Sheet to be closed with a letter to the concerned for
improving performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following actions need to be
taken:
A) Where performance rating is "POOR" (as per Performance Rating carried out after
execution of Order/ Contract and where no reply/ unsatisfactory reply is received from
party against the letter seeking the explanation from Vendor/Supplier/Contractor/
Consultant along with sharing the performance rating)
Recommend such defaulting Vendor/Supplier/Contractor/ Consultant for the following
action:
(a) First such instance: Advisory notice (Yellow Card) shall be issued and
Vendor/Supplier/Contractor/ Consultant shall be put on watch list for a period of
Three (3) Years.
Such vendor will be allowed to participate in all other tenders and to execute
other ongoing order/ contract (s) or new contract/ order (s).
The Yellow card will be automatically revoked after a period of three years
unless the same is converted into Red Card due to subsequence instances of
poor/ non-performance in other ongoing order (s)/ contract (s) or new order (s)
/contact (s) on such Vendor/ Supplier/ Contractor/ Consultant.
(b) Second such instance in other ongoing order (s)/ contract (s) or new order
(s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant
(i) Poor Performance due to reasons other than Quality: Putting on
Holiday for a period of One Year
(ii) Poor Performance on account of Quality (if any mark obtained against
Quality parameter is less than 30): Putting on Holiday for a period
of Two Years
(c) Subsequent instances (more than two) in other ongoing order (s)/ contract (s) or
new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant:
Putting on Holiday for a period of Three Years
B) Where Poor/Non-Performance leading to termination of contract or Offloading of
contract due to poor performance attributable to Vendor/Supplier/ Contractor/Consultant
(under clause no. 32 (C) of GCC-Works)
(a) First instance: Advisory notice (Yellow Card) shall be issued and
Vendor/Supplier/Contractor /Consultant shall be put on watch list for a period of
Three (3) Years.
Further such vendor will not be allowed to participate in the re-tender of the
same supply/work/services of that location which has terminated / offloaded.
Moreover, it will be ensured that all other action as per provision of contract
including forfeiture of Contract Performance Security (CPS) etc. are undertaken.
However, such vendor will be allowed to participate in all other tenders and to
execute other ongoing order/ contract (s) or new contract/ order (s).
The Yellow card will be automatically revoked after a period of three years
unless the same is converted into Red Card due to subsequence instances of
poor/ non-performance in other ongoing order (s)/ contract (s) or new order (s)
/contact (s) on such Vendor/ Supplier/ Contractor/ Consultant.
(b) Second instances in other ongoing order (s)/ contract (s) or new order (s)
/contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red
Card) for period of One Year and they shall also to be considered for
Suspension.
(c) Subsequent instances (more than two) in other ongoing order (s)/ contract (s)
or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant:
Holiday (Red Card) for period of Three Years and they shall also to be
considered for Suspension.
(C) Where Performance rating is "FAIR"
Issuance of warning to such defaulting Vendors/Contractors/Consultants to improve their
performance.
6.0 REVIEW & RESTORATION OF PARITES PUT ON HOLIDAY
6.1 An order for Holiday passed for a certain specified period shall deemed to have been automatically revoked
on the expiry of that specified period and it will not be necessary to issue a specific formal order of
revocation.
Further, in case Vendor/ Supplier/Contractor/ Consultant is put on holiday due to quality, and new order is
placed on bidder after restoration of Vendor/ Supplier/Contractor/ Consultant, such order will be properly
monitored during execution stage by the concerned site.
7.0 EFFECT OF HOLIDAY
7.1 If a Vendor/ Supplier/Contractor/ Consultant is put on Holiday, such Vendor/ Supplier/Contractor/
Consultant shall not be considered in ongoing tenders/future tenders.
7.2 However, if such Vendor/ Supplier/Contractor/ Consultant is already executing any other order/ contract
and their performance is satisfactory in terms of the relevant contract, should be allowed to continue till its
completion without any further increase in scope except those incidental to original scope mentioned in the
contract. In such a case CPBG will not be forfeited and payment will be made as per provisions of
concerned contract. However, this would be without prejudice to other terms and conditions of the
contract.
7.3. Effect on other ongoing tendering:
7.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the party
shall be ignored.
7.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the party shall not be opened and
BG/EMD submitted by the party shall be returned to the party.
7.3.3 after opening of price, BG/EMD made by the party shall be returned; the offer of the party shall be ignored
& will not be further evaluated. If errant party emerges as the lowest (L1), then such tender shall also be
cancelled and re-invited.
8.0 While putting the Vendor/ Supplier/Contractor/ Consultant on holiday as per the procedure, the holding
company, subsidiary, joint venture, sister concerns, group division of the errant Vendor/
Supplier/Contractor/ Consultant shall not be considered for putting on holiday list.
Any bidder, put on holiday, will not be allowed to bid through consortium route also in new tender during
the period of holiday.
9.0 If an unsuccessful bidder makes any vexatious, frivolous or malicious complaint against the tender process
with the intention of delaying or defeating any procurement or causing loss to GAIL or any other bidder,
such bidder will be put on holiday for a period of six months, if such complaint is proved to be vexatious,
frivolous or malicious, after following the due procedure.
10. APPEAL AGAINST THE DECISION OF THE COMPETENT AUTHORITY:
(a) The party may file an appeal against the order of the Competent Authority for putting the party on Holiday
list. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month
from the of receipt of Holiday order.
(b) Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to
the party as well as the Competent Authority.
(c) Appeal process may be completed within 45 days of filing of appeal with the Appellate Authority.
(d) "Appellate Authority" shall mean Committee of Directors consisting of Director (Finance) and
Director (BD) for works centers under Director (Projects). For all other cases committee of
Directors shall consist of Director (Finance) & Director (Projects).
11. ERRANT BIDDER
In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any mistake
committed by him in bidding or withdrawal of bid or modification of bid or varying any term in regard
thereof leading to re-tendering, GAIL shall forfeit EMD paid by the bidder and such bidders shall be
debarred from participation in re-tendering of the same job(s)/item(s).
Further, such bidder will be put on holiday for a period of six months after following the due procedure.
12. In case CBIC (Central Board of Indirect Taxes and Customs)/ any tax authority / any equivalent
government agency brings to the notice of GAIL that the Supplier has not remitted the amount towards
GST (CGST & SGST/UTGST or IGST) collected from GAIL to the government exchequer, then, that
Supplier shall be put under Holiday list of GAIL for period of six months after following the due
procedure. This action will be in addition to the right of recovery of financial implication arising on GAIL.
Annexure-1
GAIL (India) Limited
PERFORMANCE RATING DATA SHEET
(FOR PROJECTS/ CONSULTANCY JOBS)
i) Project/Work Centre :
ii) Order/ Contract No. & date :
iii) Brief description of Items :
Works/Assignment
iv) Order/Contract value (Rs.) :
v) Name of Vendor/Supplier/ :
Contractor/ Consultant
vi) Contracted delivery/ :
Completion Schedule
vii) Actual delivery/ :
Completion date
Performance Delivery/ Completion Quality Reliability Total
Parameter Performance Performance Performance#
Maximum Marks 40 40 20 100
Marks Allocated
Note:
Remarks (if any)
PERFORMANCE RATING (**)
Note :
(#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation beyond contract
payment term or seeking direct payment to the sub-vendor/sub-contractor due to financial constraints, then
`0' marks should be allotted against Reliability Performance.
(*) Allocation of marks should be as per enclosed instructions
(**) Performance rating shall be classified as under :
Sl. Range (Marks) Rating Signature of
No. Authorised Signatory:
1 60 & below POOR
2 61-75 FAIR Name:
3 76-90 GOOD
4 More than 90 VERY Designation:
GOOD
Instructions for allocation of marks
1. Marks are to be allocated as under :
1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks
Delivery Period/ Delay in Weeks Marks
Completion Schedule
a) Upto 3 months Before CDD 40
Delay upto 4 weeks 35
" 8 weeks 30
" 10 weeks 25
" 12 weeks 20
" 16 weeks 15
More than 16 weeks 0
b) Above 3 months Before CDD 40
Delay upto 4 weeks 35
" 8 weeks 30
" 10 weeks 25
" 16 weeks 20
" 20 weeks 15
" 24 weeks 10
More than 24 weeks 0
1.2 QUALITY PERFORMANCE 40 Marks
For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks
i) Rejection/Defects Marks to be allocated on 10 marks
prorata basis for acceptable
quantity as compared to total
quantity for normal cases
ii) When quality Failure of severe nature 0 marks
failure endanger - Moderate nature 5 marks
system integration - low severe nature 10-25 marks
and safety of the
system
iii) Number of 1. No deviation 5 marks
deviations 2. No. of deviations < 2 2 marks
3. No. of deviations > 2 0 marks
1.3 RELIABILITY PERFORMANCE 20 Marks
A. FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement, PBG, 4 marks
Drawings and other documents within time
ii) Mobilization of resources as per Contract and in time 4 marks
iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS&E requirements 4 marks
or
Reliability of Estimates/Design/Drawing etc. in case of
Consultancy jobs
v) Timely submission of estimates and other documents for 4 marks
Extra, Substituted & AHR items
B. FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings and other 5 marks
documents within time
ii) Attending complaints and requests for after sales service/ 5 marks
warranty repairs and/ or query/ advice (upto the evaluation
period).
iii) Response to various correspondence and conformance to 5 marks
standards like ISO
iv) Submission of all required documents including Test 5 marks
Certificates at the time of supply
Annexure-2
GAIL (India) Limited
PERFORMANCE RATING DATA SHEET
(FOR O&M)
i) Location :
ii) Order/ Contract No. & date :
iii) Brief description of Items :
Works/Assignment
iv) Order/Contract value (Rs.) :
v) Name of Vendor/Supplier/ :
Contractor/ Consultant
vi) Contracted delivery/ :
Completion Schedule
vii) Actual delivery/ :
Completion date
Performance Parameter Delivery Performance Quality Performance Reliability Performance# Total
Maximum Marks 40 40 20 100
Marks Allocated
(*)
Remarks (if any)
PERFORMANCE RATING (**)
Note :
(#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation beyond contract
payment term or seeking direct payment to the sub-vendor/sub-contractor due to financial constraints, then
`0' marks should be allotted against Reliability Performance
(*) Allocation of marks should be as per enclosed instructions
(**) Performance rating shall be classified as under :
Sl. Range (Marks) Rating Signature of
No. Authorised Signatory:
1 60 & below POOR
2 61-75 FAIR Name:
3 76-90 GOOD
4 More than 90 VERY Designation:
GOOD
Instructions for allocation of marks (For O&M)
1. Marks are to be allocated as under :
1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks
Delivery Period/ Delay in Weeks Marks
Completion Schedule
a) Upto 3 months Before CDD 40
Delay upto 4 weeks 35
" 8 weeks 30
" 10 weeks 25
" 12 weeks 20
" 16 weeks 15
More than 16 weeks 0
b) Above 3 months Before CDD 40
Delay upto 4 weeks 35
" 8 weeks 30
" 10 weeks 25
" 16 weeks 20
" 20 weeks 15
" 24 weeks 10
More than 24 weeks 0
1.2 QUALITY PERFORMANCE 40 Marks
For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks
i) Rejection/Defects Marks to be allocated on 10 marks
prorata basis for acceptable
quantity as compared to total
quantity for normal cases
ii) When quality Failure of severe nature 0 marks
failure endanger - Moderate nature 5 marks
system integration - low severe nature 10-25 marks
and safety of the
system
iii) Number of 1. No deviation 5 marks
deviations 2. No. of deviations < 2 2 marks
3. No. of deviations > 2 0 marks
1.3 RELIABILITY PERFORMANCE 20 Marks
A. FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement, PBG, 4 marks
Drawings and other documents within time
ii) Mobilization of resources as per Contract and in time 4 marks
iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS&E requirements 4 marks
or
Reliability of Estimates/Design/Drawing etc. in case of
Consultancy jobs
v) Timely submission of estimates and other documents for 4 marks
Extra, Substituted & AHR items
B. FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings and other 5 marks
documents within time
ii) Attending complaints and requests for after sales service/ 5 marks
warranty repairs and/ or query/ advice (upto the evaluation
period).
iii) Response to various correspondence and conformance to 5 marks
standards like ISO
iv) Submission of all required documents including Test 5 marks
Certificates at the time of supply
SECTION-V
SPECIAL
CONDITIONS OF
CONTRACT (SCC) &
SCOPE OF WORK
(SOW)
SCOPE OF WORK (SOW)
NAME OF WORK: - HIRING OF PROFESSIONAL SERVICES OF
CHARTERED ACCOUNTANT FOR GST & OTHER F&A RELATED ISSUES
AT JAIPUR OFFICE
Scope of Work--
1) Retainer-ship, Professional services for GST Rajasthan, Delhi, UP, Haryana.
2) Preparing & uploading all GST returns of Rajasthan GST Nos. like GSTR-1, GSTR-TDS
return, ITC-04 Job work, GST-3B return.
3) Consolidation of Data of GST Returns of Rajasthan, Delhi, UP, Haryana etc, before filing
of returns, Senior Partner/CA professional shall sit in GAIL office for understanding the
return work & raising any issue to GAIL Management.
4) Visit to GST Tax office for all GST related clarification (subject to maximum one visit
payable every month).
5) Preparation of data, keeping files in order, controlling forms etc.- Scanning of invoices,
reconciliation of hard copy of invoices with GST input register and same to be kept under
EDMS system of GAIL on monthly basis.
6) GST audit of Two GST Nos.(Trading/Transmission).
7) To represent and coordinate with various authorities, along with GAIL officials, for
suitable changes in proposed GST laws/existing laws and reviewing the
letters/notes/replies to be given by GAIL on the issues concerning GAIL's interest. In this
regard, the service provider has to draft replies & suggest areas of concerns in each line
of business where advocacy is required.
8) To advise suitable effective utilization of available credits for all business segments.
9) To furnish replies to the queries of tax departments on issues arising out of GST related
work.
10) To guide as and when required to guide GAIL offices on GST related issues, including
documentation to ensure smooth compliance of GST and other indirect tax laws.
11) To give presentation to the Senior Management of GAIL, as and when required for
understanding of various activities and strategies to be finalized at different stages of the
work.
12) To advise in reference to GST & suggesting changes in tax positions.
13) To ensure GST compliance from time to time as per GST rules.
14) The Tax Professional shall be required to assist GAIL in all matters, but not limited to,
the following activities, as may be assigned by GAIL from time to time:
15) To provide assistance on various Tax related queries as and when required.
16) To perform any other routine nature of work in relation to GST from time to time related
to the above assignments.
17) The above Scope of Work is suggested to be only illustrative and not exhaustive and
may vary depending on the progress of the work and requirement by GAIL.
18) Not Limited to above, any additional provisions if any required by GST Authorities.
Contract Period:
The contract period of this work shall be 24 Months from the date of Fax
of Intent (FOI).
Special Conditions of Contract
Necessary conditions is to be complied by the Service Provider in Tender
1) The bidder should be a partnership firm.
2) An office of the firm of Chartered Accountant must be located at Jaipur.
3) Minimum experience of one year in SAP by the firm.
4) Minimum experience of three years in indirect Tax compliance.
5) The bidder should submit the undertaking as attached (Annexure-1).
Following documents are required for above said conditions respectively.
a. For point no-1, partnership deed and CA registration certificate.
b. For Point no-2, GST registration certificate and registered partnership deed or any other
documents to comply the requirement.
c. For Point no-3, Certificate from the client where he is handling GST related
work/assignments.
d. For Point no-4, PO/WO for experience in Indirect Tax compliances.
e. For Point No-5, Format attached as per Annexure-I.
GENERAL
A The Special Condition of Contract shall be read in conjunction with the General Conditions
of Contract, Schedule of Rates, Specifications and any other documents forming part of bid
document, wherever the context so requires. Notwithstanding the sub-division of the
documents into these separate sections and volumes, every part of each shall be deemed to
be supplementary to and complementary of every other part and shall be read with and into
the CONTRACT so far as it may be practicable to do so.
B Where any portion of the General Condition of Contract is repugnant to or at variance with
any provisions of the Special Conditions of Contract, unless a different intention appears,
the provisions of the Special Conditions of Contract shall be deemed to over-ride the
provisions of the General Conditions of Contract and shall to the extent of such repugnancy,
or variations, prevail.
C In case of an irreconcilable conflict between Indian or other applicable standards, General
Conditions of Contract, Special Conditions of Contract, Specifications or Price Schedule, the
following shall prevail to the extent of such irreconcilable conflict in order of precedence:
(i) Letter of Acceptance along with Annexures
(ii) Fax of Acceptance
(iii) Schedule of Rates
(iv) Special Conditions of Contract
(v) Instructions to Bidders / Terms of Reference
(vi) General Conditions of Contract
(vii) Other applicable Standards
1. PRIORITY OF WORKS
OWNER reserves the right to fix up priorities which will be conveyed by Executive-in-charge and
the Professional shall plan and execute work accordingly.
2. INTELECTUAL PROPERTY RIGHTS:
Accessibility to the documents of Owner shall be provided to the Professional for performing the
necessary activities as per requirement. The Professional should maintain secrecy and should
not divulge any information to any person/Organization in India or abroad.
3. REPORT / PRESENTATION
The Professional will submit copies of report, analysis from time to time as required during
execution of the work for comments of GAIL. The scope of work involves giving presentation to
Senior Management of GAIL as required for understanding of various activities and strategies to
be finalized at different stages of the work.
4. FIRM PRICE
The prices quoted by the Professional should be firm and not subject to any price escalation.
Minimum numbers of meetings anticipated for this assignment are 10 in a month by Chartered
Accountant to look after their team work and the same has been included in the Scope of Work.
The issues on which meetings are to be held would be decided by the GAIL Executive-in-Charge
and communicated to the professional.
5. OWNER NOT BOUND BY PERSONAL REPRESENTATION
The Professional shall not be entitled to any increase / or variation on the scheduled rates or
any other right or claim whatsoever by reason of any representations, explanations, statements
or alleged representation, promise or guarantee given or called to have been given to him by any
person.
6. CONTRACT PERIOD
Period of contract shall be for 2 years from the date of award / Fax of Acceptance
(FOA). The contract may be extended for another 6 months on same terms and
conditions at the discretion of the management on same terms & conditions.
7. GUIDELINES:
(a) Professional shall be responsible to collect data from the SAP for preparation of report
etc.
(b) Professional shall nominate a single point responsibility for all activities who will be
the nodal point for all communication to be sent by GAIL to Professional. GAIL shall
also nominate an Executive- in-Charge for the work.
(c) The service provider shall sign the confidentiality agreement with GAIL in the
prescribed format.
Payment terms-
Payment shall be released within 15 days after submission of
complete Invoice through e-banking on monthly basis.
The quoted price shall be inclusive of all taxes & duties except
GST (CGST & SGST/UTGST or IGST) etc. GST (CGST &
SGST/UTGST or IGST) etc. shall be payable extra as applicable
at actual against documentary evidence.
Any statutory variation in GST (CGST & SGST/UTGST or
IGST) etc. within Contractual Completion period shall be
payable by GAIL.
GAIL shall deduct the applicable Income tax at source at applicable rates.
ANNEXURE-I
UNDERTAKING FOR NOT HAVING ANY ADVERSE COMMENTS
I _________________________partner of M/s _________________________
undertake that our firm/partners have not received any adverse comments from any client and
ICAI. I also undertake that validity of the said undertaking will not be discontinued during the
entire contract period.
[Name & signature with stamp]
SECTION- VI
SOR
(Attached in "Add Notes & Price
Bid Attachments" of E-tender
Portal)
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