GAIL (India) Limitedgailtenders.in/writereaddata/Tender/tender-scada-9003_20090616... · GAIL...

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

(A Navratna Company) B-35 & 36, Sector-1 Noida-201301 (U.P.)

SCADA SYSTEM FOR REGIONAL GAS PIPELINE AND INTEGRATION OF SCADA DATA OF

NATURAL GAS PIPELINE

International Competitive Bidding THROUGH E-TENDERING MODE

Bidding Document No.: GAIL/NOIDA/C&P/9003

VOLUME I & II

Mr. Amarendra Kumar Dy. Gen. Manager (C&P) B-35 & 36, Sector-1, Noida(U.P.), India, Pin code 201301 Ph.: 0120-2443873 Mr. R.K.Miglani, DM(C&P) Ph.: 0120-2547855 E-mail: [email protected] ; [email protected]

mailto:[email protected]:[email protected]

SCADA SYSTEM GAIL/NOIDA/C&P/9003

CONTENTS

VOLUME I (COMMERCIAL) Section I. Invitation for Bids (IFB) Section II. Instructions to Bidders (ITB)

Table of Clauses

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

Section III General Conditions of Contract) Section IV Special Conditions of Contract

Section V Price schedule Section VI Packing, Marking & Special Shipping Instruction (Foreign & Domestic)

VOLUME II (TECHNICAL)

SECTION 1 : INTRODUCTION SECTION 2 : SCOPE OF SUPPLY & WORKS SECTION 3 : GENERAL TECHNICAL REQUIREMENTS SECTION 4 : SCADA SYSTEM SPECIFICATIONS SECTION 5 : SYSTEM FUNCTIONAL REQUIREMENTS SECTION 6 : REMOTE TELEMETRY UNITS SPECIFICATIONS SECTION 7 : EQUIPMENT INSPECTION & TESTING SECTION 8 : INSTALLATION & COMMISSIONING SECTION 9 : annexure

Annexure 1 - List of remote locations of each region along with IED and protocol details

Annexure 2 - I/O count list of new RTUs in K G Basin Annexure 3 - Bill of Materials (BOM) Annexure 4 - List of items for buy back

Annexure 5 List of consignee address.

---------------------------------------------------------------------------------------------------------------------2 Regd. Office : GAIL ( India) Limited, 16, Bhikaiji Cama Place, New Delhi 110 066; Ph: +91-11-26172580; Fax: +91-11-26185941 ; Visit us at http://www.gailonline.com


VOLUME- I

SECTION- I INVITATION FOR BIDS (IFB)



INVITATION FOR BIDS (IFB)

Ref. : GAIL/NOIDA/C&P/9003 16.06.2009 SUB: SCADA SYSTEM FOR REGIONAL GAS PIPELINE AND INTEGRATION

OF SCADA DATA OF NATURAL GAS PIPELINE Dear Sirs, INTRODUCTION 1.1 GAIL (India) Limited (GAIL) invites bids for the subject work under single stage two-bid

system from eligible bidders through e-tendering mode.

2.0 Brief Scope of Work:

2.1 SCADA SYSTEM FOR REGIONAL GAS PIPELINE AND INTEGRATION OF SCADA DATA OF NATURAL GAS PIPELINE as detailed in the bidding document

3.0 Completion Period:

As mentioned in Special Conditions of Contract. 4.0 DETAILS OF BIDDING DOCUMENT

4.1 Bidding Document No GAIL/NOIDA/C&P/9003

4.2 Availability of Bidding Document on GAIL web site

From 16.06.2009 to 07.08.2009 upto 14:00 Hrs.(IST)

4.3 Tender Fee/Bid Document Fee (Non Refundable)

For Indian Bidder : Rs.17500.00 For foreign bidder : US $ 500.00

4.4 Pre-bid Meeting To be held on 03.07.2009 (11.00 Hrs.), at

GAIL(India) Ltd, B-35/36, Sector-1, Noida-201 301

4.5 Bid Due Date/ Last date & time for receipt of bids

07.08.2009 Up to14:00 hrs(IST)

4.6 Un-priced Bid Opening 07.08.2009 At 15:00 hrs(IST)

4.7 Bid Security (EMD) For Indian Bidders : Rs. 12.31 lakhs For Foreign Bidders : US $ 25,800.00

If any of the days specified above happens to be a holiday in GAIL, the next working day shall

be implied.



5.0 Bid Evaluation Criteria : 5.1 TECHNICAL CRITERIA Bidders should meet the following technical criteria:

The bidder should have successfully designed, supplied, commissioned and implemented at least one SCADA system having two Master Stations (One Main Master Station and one Emergency Master Station), having a minimum of 11 nos of Remote Terminal Units (RTUs) spread over at least 225 km interconnected natural gas pipeline network in single or multiple orders within last seven years reckoned from the date of submission of bid. The above SCADA system should be able to poll all RTUs at any point of time from any of these master stations.

5.2 FINANCIAL CRITERIA: i) Bidder should have achieved minimum annual turnover of INR 3.10 Crores (US$

620,000 for foreign bidders) as per the audited financial results in any one of the last three financial years 2006-07, 2007-08 and 2008-2009. (The bidders who follow calendar year for financial closure, financial criteria for year 2006, 2007 and 2008 shall be applicable). If the financial results of last year i.e. 2008-2009 are not audited then financial results of 2005-06, 2006-07, 2007-08 shall be considered.

ii) Net worth of the bidder should be positive as per the last audited financial statement i.e.

2008-2009. If the financial results of last year i.e. 2008-2009 are not audited than financial results of 2007-08 shall be considered. (The bidders who follow calendar year for financial closure, financial criteria for year 2008 shall be applicable).

iii) Return on the equity of the Bidder should be positive as per the last audited financial

statement i.e. 2008-09. If the financial results of last years i.e. 2008-2009 are not audited than financial result of 2007-08 shall be considered. (The bidders who follow calendar year for financial closure, financial criteria for year 2008 shall be applicable).

iv) The bidder should have minimum working capital of INR 62 lacs (US$ 124,000 for foreign

bidders) as per the last audited financial year i.e. 2008-09. If the financial results of last year i.e. 2008-2009 are not audited than financial results of 2007-08 shall be considered. (The bidders who follow calendar year for financial closure, financial criteria for year 2008 shall be applicable).

If the bidders working capital is inadequate, the bidder should supplement this with a letter from the vendors bank having net worth not less than Rs. 100 Crores / US$ 22 million, confirming the availability of the line of credit for at least INR 62 lacs (US$ 124,000 for foreign bidders) to meet the current working capital requirement.


5.3. The bidder shall furnish along with the bid documentary evidence meeting technical and financial criteria by way of copies of purchase/work order/contract copy along with its completion certificate/Site acceptance test report, annual report including audited balance sheet and P&L account and service tax registration etc. The bids not meeting these criteria are liable to be rejected.


5.4. Even the existing vendors/contractor who has been doing the job in GAIL shall also comply

with submission of documents as prescribed in the tender document, failing which the bid is liable to be rejected.

5.5 EVALUATION METHODOLOGY This enquiry envisages total responsibility for design, supply, shipment, inland transportation, taxes, duties insurance, site work, etc. and the bidder is required to quote on a turnkey indivisible supply/works contract basis. Therefore, the prices will be compared and the contract awarded to the overall L1 bidder on the basis of total quoted landed cost inclusive of all taxes and duties. 6.0 BID SUBMISSION:

6.1 The complete bidding document along with instruction for participation in the bidding process

is available on GAIL website( https://etender.gail.co.in ).The bidders are requested to visit the website and see Addendum to Instructions to Bidders for participation in Procurement attached with this document.

6.2 Bidders who wish to participate in tender can upload their bids in GAILs e-tender website (i.e.

https://etender.gail.co.in). The tender fee of US$ 500.00 (For Foreign Bidders) or Rs. 17,500.00 (For Domestic Bidders) in the form of DD in favour of GAIL (India) Limited payable at Noida should be submitted on or before the date of opening of un-priced bid. The bids submitted without tender fee shall not be opened and considered. The Govt. departments/ PSUs are exempted from payment of tender fee.

6.3 Bid is to be submitted on our E-Tendering website ( https://etender.gail.co.in) . Bidders shall

submit their bids i.e. UN- PRICED Bid in Collaboration Folders of e- tendering system and Price Bid in SRM as attachment. We have enclosed format for Schedule of Rates as an excel attachment . Bidders are requested to down load the same and quote their prices strictly as per the format w/o altering the content of it.

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

PART- I (UN-PRICED BID Volume I & II)to be submitted on Collaboration Folders of e-tendering system.. Complete with all technical details other than price along with TENDER duly digitally signed. PART-II (PRICED BID to be submitted as an SRM attachment ) Price bid should contain only the prices, without any condition whatsoever.

PART-III (Bid security)

Bidders are required to submit the EMD in original in the prescribed formats and in the manner prescribed in the tender or in the form of Demand Draft/Bankers Cheque in favour of GAIL (India) Ltd., payable at Noida, at the time of bid submission in Sealed Envelope super scribing the description of tender, tender no., due date & time etc. on or before the final due date & time fixed for submission of bids, failing which the bid will be rejected irrespective of their status/ranking in tender and notwithstanding the fact that a scanned copy of EMD was earlier uploaded/submitted by the bidder.


Bids must be accompanied with Bid Security as mentioned above in the form of Demand Draft/ Bankers Cheque/ Bank Guarantee/ Letter of Credit. Bidders shall ensure that Bid Security having a validity of two months beyond the bid validity from the bid due date, must accompany the bid in the format made available in the Bid Document. Bid not accompanied

https://etender.gail.co.in/


with Bid Security or Bid Security not in requisite form shall be summarily rejected. For details refer to clause 16 of ITB.

6.5 Bids complete in all respects should submitted on or before due date and time of Last date of

Bid submission.. Bids can not be submitted after the due date and time. 7.0 PRE BID MEETING : 7.1 The bidders or their designated representatives, who intend to bid are invited to attend

the pre bid meeting at the date and place mentioned in IFB clause no. 4 above and ITB clause no.17.However,prior to pre-bid meeting such bidders will have to deposit the tender fee.

8.0 GENERAL: 8.1 Bids should be valid for 4 months from the bid due date.

8.2 Only the Bids submitted on our E-tendering system will be considered for evaluation.

8.3 Physicals Bids sent through Fax/E-mail/Courier /Post will not be acceptable

8.4 Bid document is non transferable. Bidder must submit the bid directly.

8.5 The Bid shall be submitted in the manner described in Instructions to Bidders and

addendum there to.

8.6 Bidder(s) are advised to quote strictly as per terms and conditions of the tender documents and not to stipulate any deviations/exceptions. Bids with any deviation to the bid conditions shall be liable for rejection.

8.7 GAIL reserves the right to accept or reject any or all tenders received at its absolute discretion

without assigning any reason whatsoever.

THIS IS NOT AN ORDER. Yours faithfully,

For GAIL (India) Ltd.

Dy. Gen. Manager (C&P)



VOLUME I

SECTION-II INSTRUCTIONS TO BIDDERS


(I T B)


Addendum to ITB

Instructions to Bidders for participation in E-Procurement

Addendum to Instruction to Bidders

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

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

Vendors/Bidders are advised to read the following instructions for participating in the electronic tenders directly through Internet: i) No Late and delayed Bids/Offers after due date/time shall be permitted in e-Tendering

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

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

before the closing date and time of bid. iii) No bid can be modified after the dead line for submission of bids. iv) No Manual Bids/Offers shall be permitted. The offers submitted through e-tendering

system shall only be considered for evaluation. 2) HOW TO SEARCH, VIEW AND DOWNLOAD E-TENDER? Vendors/Bidders must go to e-tender website https://etender.gail.co.in and logon using their user-id and password. In the case of vendors not possessing the User Id and Password , they can access through Guest Login as guest. This facilitates viewing of tenders in display mode in Collaboration folder (C Folder). If the vendor desires to download the NIT and attached e-tender at this stage, he may download the same for viewing free of cost. Note: All e-tender notices and Bid Documents are available only in soft copies such as Microsoft Word, Excel ,PDF

files. For downloading / viewing PDF files use Adobe 6 Software utility which can be installed free of cost from Vendors home page link by any vendor onto his own computer.

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


http://www.etender.gail.co.in/http://www.www.etender.gail.co.in/


To participate in Bid submission, it is Mandatory on the part of Vendor(s) to have User ID and Password. To obtain User ID and Password Vendor/Bidder must open https://etender.gail.co.in site and perform the following steps: i) Click on button Request User ID (For new Bidders) ii) Fill the on line form and submit. Ensure that the email address given in the form is valid and active. If

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

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

e-Procurement administrator would take possible care to allot an User id and Password within 4 working days .An Email ( system generated) shall be sent to your email Id ( mentioned by you in the Registration form) giving details of your User- ID and password. On Receipt of User Id, Please reset the password immediately by logging to our E-tendering site. User Id and passwords are unique to each vendor and the vendor can use the same to view/download/participate in all e-tenders of GAIL. Note: Without login registration I.D vendor cannot participate in e-tender. There will be single login I.D

permission for one single vendor. There can be more than one I.D for the same vendor at different location address.

Obtaining User Id is an on-going process and is not linked to any particular Bid Invitation (tender). Any vendor willing to participate in GAIL tenders can obtain User Id as described above. Each vendor will get one user id. Vendors are requested to designate one officer from their organization who will submit bids on line. Vendors are advised to apply for user id at least 7 days prior to the last date of bid submission in their own interests. User ids shall be given within 4 days subject to condition that information furnished by the bidder is complete in all respect. GAIL shall not be responsible for any delays in allocation of user id/password and the ensuing consequences including but not limited to timely submission of bids. 4) WHAT IS A DIGITAL SIGNATURE? This is a unique digital code which can be transmitted electronically and primarily identifies a unique sender. The objective of digital signature is to guarantee that the individual sending the message is who he or she really claims to be just like the written signature. The Controller of Certifying Authorities of India (CCA) has authorized certain trusted Certifying Authorities(CA) who in turn allot on a regular basis Digital Certificates. Documents which are signed digitally are legally valid documents as per the Indian I T Act (2000). 5) WHY IS A DIGITAL SIGNATURE REQUIRED?

In order to bid for GAIL e-tenders all the vendors are required to obtain a legally valid Digital Certificate as per Indian IT Act from the licensed Certifying Authorities (CA) operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India.

6) HOW TO OBTAIN DIGITAL CERTIFICATE FROM CERTIFYING AUTHORITY (CA)? Vendors/Bidders cannot submit online Bids/Offers under e-tenders without obtaining valid Digital Certificate from Certifying Agency(C.A). A hyperlink on Vendor/Bidder home page gives link to Controller of Certifying Agencys (C.C.A.) website from there the bidder can access web sites of various CA sites, using the links provided. One Digital Certificate is valid for specified period and can be used for signing any number of quotations against enquiries issued by GAIL during such validity period. Note: In terms of I.T Act 2000, only a digitally signed document will be considered as valid signed document.

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Regd. Office : GAIL ( India) Limited, 16, Bhikaiji Cama Place, New Delhi 110 066; Ph: +91-11-26172580; Fax: +91-11-26185941 ; Visit us at http://www.gailonline.com

The Digital Certificate is issued by C. A. in the name of a person authorized for filing Bids/Offers on behalf of his Company. The certificate is installed / stored in his computer or preferably received by him (his authorized

http://www.etender.gail.co.in/


person) in form as USB token. A Vendor/Bidder can submit their Bids/Offers On-line only after digitally signing the bid/documents with the above allotted Digital Signatures.

7) STEPS FOR OBTAINING DIGITAL CERTIFICATE :

Digital Certificate can be obtained by the following steps:

i) Visit the site of the licensed CA* using internet browser. ii) Apply for a class 3 Digital Certificate for the designated individual with the name of Organization. Ensure

the Digital Certificate is legally valid in India. iii) For making payment and submission of documents required for issue of the

Digital Certificate , follow the instructions on the CA's website. iv) Use the class 3 Digital Certificate thus obtained for online bidding on GAIL e-Procurement site. *Links to some licensed CA's are provided below 1. http://www.ncodesolutions.com 2. http://www.safescrypt.com/ 3. http://www.tcs-ca.tcs.co.in/ 4. http://www.mtnltrustline.com/ 8) PRE-BID MEETING: Subsequent to Pre-bid Meeting, GAIL may not allow clarifications. Therefore, clarifications, if any, are to be sought by the bidders during the pre-bid meeting. During the pre-bid meeting, GAIL may also arrange demonstration of the e-Procurement portal to the interested vendors. 9) BID DOCUMENT FEE: The bidders or their designated representatives, who intend to attend the pre bid meeting have to submit tender fee prior to pre-bid meeting. However, in case a bidder has not attended the pre bid meeting such bidder are required to submit the DD along with EMD in physical form. 10) EARNEST MONEY DEPOSIT Bidders are required to submit the EMD in original in the prescribed formats and in the manner prescribed in the tender at the time of bid submission in sealed envelope. However, if the bidder is unable to submit EMD in original on the due date, he may upload a scanned copy of the EMD while submitting the bid electronically, provided the original EMD, copy of which has been uploaded, is received within 7 days from the date of unpriced bid opening, failing which the bid will be rejected irrespective of their status/ ranking in tender and notwithstanding the fact that a copy of EMD was earlier uploaded by the bidder. 11) SUBMISSION OF DOCUMENTS: Bidders are required to upload all Tender forms and supporting documents which form part of the bid/tender in the e-Procurement (COLLABORATION ,C-Folders) site only. However, documents specified to be submitted physically viz: Bid Document Fee etc. need to be submitted in a sealed envelope in accordance with the method described in RFQ. The same should reach DGM (C & P), Gail (India) Limited, B 35 & 36,Sector-1, Noida (UP), India (cut -out slip placed below). Bidder shall ensure that all the documents relevant to bid are uploaded in time and failure to upload the same before bid submission date is the sole responsibility of bidder. Under no circumstances, GAIL shall entertain any request for acceptance of bid documents in physical form, which were required to be uploaded in e-form.

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Note:

http://www.safescrypt.com/http://www.tcs-ca.tcs.co.in/http://www.mtnltrustline.com/


i) Bidder is required to save/store their bid documents for each item into their computers before submitting their bid into e-tendering system by pressing the Hold Button.

ii) Bidder is required to fill up the price/rate strictly in the Schedule of Rate(SOR) attached with the tender. Inadvertently, if a document is uploaded in Collaboration Folder (C Folder) by the bidders, such document can be deleted by the Bidder and in its place a new/modified document can be uploaded. The new/modified document will be required to be signed digitally. Where two similar documents are existing in the folder, the latest version of the document shall only be taken into cognizance for evaluation and earlier versions shall be ignored. Bidders are requested to upload small sized documents preferably ( upto 2 MB) at a time to facilitate easy uploading into e-Procurement site. GAIL does not take any responsibility in case of failure of the bidder to upload the documents within specified time of tender submission. 12) PRICES, OTHER DOCUMENTS AND DIGITAL SIGNATURE: The Prices are to be submitted online strictly as per the Schedule of Rates (SOR). GAIL shall not be responsible for any failure on the part of the bidder to follow the instructions. Un-priced techno-commercial bid document should be placed in the private area earmarked in the C-folder. Before the bid is uploaded, the bid comprising of all attached documents should be digitally signed using digital signatures issued by an acceptable Certifying Authority (CA) in accordance with the Indian IT Act 2000. If any modifications are required to be made to a document after attaching digital signatures, the digital signature shall again be attached to the modified documents before uploading the same. The Authenticity of above digital signatures shall be verified through authorized CA after bid opening and in case the digital signature is not authorized/valid, the bid will be rejected. Bidder shall be responsible for ensuring the validity of digital signatures and proper usage of the same by responsible persons who can bind the bidder. Scanned copy of Power of Attorney of the signatory issued by the bidding company should be submitted on line along with other documents as per tender conditions. BIDDERS SHALL OBTAIN THE DIGITAL CERTIFICATE DIRECTLY FROM CERTIFYING AUTHOIRITY ( CA) ONLY AND DIGITAL CERTIFICATE ISSUED BY SUB CA / AGENT WILL NOT BE COMPATATIBLE WITH OUR e-TENDERING SYSTEM. FOREIGN BIDDERS SHALL ALSO HAVE TO OBTAIN DIGITAL CERTIFICATE FROM CERTIFYING AUTHORITIES IN INDIA AS APPROVED BY CCA. DIGITAL CERTIFICATE OBTAINED FROM FOREIGN COUNTRIES ARE NOT ACCEPTABLE. *Links to some licensed CA's IN India are provided below. Forein Bidders may obtain the Digital certificate from these CAs.

1. http://www.ncodesolutions.com2. http://www.safescrypt.com/ 3. http://www.tcs-ca.tcs.co.in/ 4. http://www.mtnltrustline.com/

13) PRICES: The bidder needs to enter the prices on line strictly as per the SOR format provided in our E-

Tender. No new conditions shall be added by the bidder. 14) SUBMISSION AND OPENING OF BIDS: The bid along with all the copies of documents should be submitted in e-form only through GAIL e-Procurement portal. 15) LAST DATE FOR SUBMISSION / RECEIPT OF BIDS:

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System does not allow for submission / receipt of bids beyond the deadline for bid submission. However, if the bidder for some reason intends to change the bid already entered, he may change/revise the same on or before

http://www.safescrypt.com/http://www.tcs-ca.tcs.co.in/http://www.mtnltrustline.com/


the last date and time of submission. The system time displayed on GAILs e-Procurement webpage shall be final and binding on the bidders for all purposes pertaining to various events of the subject tender and no other time shall be taken into cognizance. Bidders are advised in their own interest to ensure that bids are uploaded in e-Procurement system well before the closing date and time of bid. Bidders must use any computer having Windows 2000 or Windows XP versions or higher of Window operating system and an internet Web Browser version Internet explorer V6.0 or higher recommended. 16) Proxy: If any bidder is unable to access GAILs e-Procurement site or Bid Documents, the bidder may

please check whether they are using proxy to connect to internet or their PC is behind any firewall and may contact their system administrator to enable connectivity. Please note that Port 443 and Port 8443 should be enabled on proxy/firewall for HTTPS connectivity. Dial-up internet connectivity without Proxy settings is another option

17) Contact Person:

Sh. R. K. Miglani, Dy. Manager(C&P), email: [email protected] 18) A ready reckoner for Vendors/E-bidders is available on the website for reference/guidance.

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mailto:[email protected]


Table of Contents A. General

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

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

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

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

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42. Integrity Pact


Instructions to Bidders (ITB)- A. General

1. Scope of Bid 1.1 The Employer/Purchaser/Owner as defined in the General Conditions of Contract, hereinafter the Employer, wishes to receive bids as described in the Bidding Document.

1.2 The scope of supply/work will be as defined in the bidding document.

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

1.4 Throughout these bidding documents, the terms bid and tender and their derivatives (bidder/ tenderer , bid/ tendered, bidding/ tendering, etc.) are synonymous, and day means calendar day. Singular also means plural.

2. Eligible Bidders 2.1 Bidders shall, as part of their bid, submit duly executed power of attorney authorizing the signatory of the bid to bind the bidder.

2.2 This invitation for bid is open to any bidder who meets the bid evaluation criteria specified in IFB clause no. 5.0.

2.3 A bidder shall not be affiliated with a firm or entity

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

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

2.4 The bidder shall not be under a declaration of ineligibility by Employer for corrupt or fraudulent practices as defined in ITB clause no.41.

2.5 The bidder should not be on holiday by GAIL or black listed by any Government Department / Public Sector. If the documents were issued inadvertently/ downloaded from website, offers submitted by such bidders shall not be considered for opening/evaluation/award.

3. Bid Evaluation Criteria 3.1 The bidders shall furnish documentary evidence by way of

copies of manufacturing license, work order, completion certificate or any equivalent document, annual report including audited balance sheet and Profit & Loss Account etc. along with the bid to establish his experience/track record and financial capabilities meeting bidders eligibility criteria specified in IFB clause no. 5.0.

3.2 Even the existing vendors/contractor who has/ has been doing the job in GAIL shall also comply with submission of documents as prescribed in the tender document, failing which the bid is liable to be rejected.

3.3 Offer submitted by the bidders not meeting BEC as specified in IFB clause no.5.0 will not be considered for further evaluation and award of contract.

4. Bids from Joint Venture / Consortium

4.1 NOT APPLICABLE.

5. One Bid per Bidder 5.1 A firm shall submit only one bid in the same bidding process. A bidder who submits or participates in more than one bid will cause all the proposals in which the bidder has participated to be disqualified.

6.

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

7. Site Visit 7.1 The bidder may visit and examine the Site of Works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the bidders own expense.

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

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

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B. Bidding Documents

8. Content of Bidding Document

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

Section I. Invitation for Bids (IFB) Section II. Instructions to Bidders (ITB) Table of Clauses

General Bidding Documents Preparation of Bids Submission of Bids Bid Opening and Evaluation Award of Contract Forms & Formats

Section III General Conditions of Contract) Section IV Special Conditions of Contract Section V Price schedule Section VI Packing, Marking & Special Shipping Instruction VOLUME II (TECHNICAL) SECTION 1 : INTRODUCTION SECTION 2 : SCOPE OF SUPPLY & WORKS SECTION 3 : GENERAL TECHNICAL REQUIREMENTS SECTION 4 : SCADA SYSTEM SPECIFICATIONS SECTION 5 : SYSTEM FUNCTIONAL REQUIREMENTS SECTION 6 : REMOTE TELEMETRY UNITS SPECIFICATIONS SECTION 7 : EQUIPMENT INSPECTION & TESTING SECTION 8 : INSTALLATION & COMMISSIONING SECTION 9 : annexure

Annexure 1 - List of remote locations of each region along with IED and protocol details

Annexure 2 - I/O count list of new RTUs in K G Basin Annexure 3 - Bill of Materials (BOM) Annexure 4 - List of items for buy back Annexure 5 List of consignee address

8.2 The bidder is expected to examine all instructions, forms, terms and specifications in the bidding documents. The Invitation for Bids (IFB) together with all its attachments thereto, shall be considered to be read, understood and accepted by the bidders. Failure to furnish all information required by the bidding documents or submission of a bid not substantially responsive to the bidding documents in every respect will be at bidders risk and may result in the rejection of his bid.

9. Clarification of Bidding Documents

9.1 A prospective bidder requiring any clarification(s) of the Bidding Documents may notify GAIL in writing or by fax or e-mail at GAILs mailing address indicated in the Invitation for Bids not later than at least 7 (seven) days prior to the date of Pre-bid meeting. Questions/queries will be addressed in the pre-bid meeting as per ITB clause no.17. Any Clarification or information required by the bidder but not received by the Employer, within the stipulated time, is liable to be considered as no clarification/information required.

10. Amendment of Bidding Documents

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

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

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

C. Preparation of Bids

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11. Language of Bid 11.1 The bid prepared by the bidder and all correspondence/drawings and documents relating to the bid exchanged by bidder and GAIL shall be written in English language. Any printed literature furnished by the bidder may be written in another language so long as accompanied by an ENGLISH translation duly authenticated by the chamber of commerce of Bidders country, in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern. Metric measurement system shall be applied.

12. Documents Comprising the Bid (Changed to the

extent of e-tendering- please refer

Addendum to ITB)

12.1 The bid prepared by the bidder shall comprise the following components:

12.2 Envelope -1: Super-scribing Techno-Commercial Un priced Bids (PART-I)

Part-I: Techno-commercial /Un-priced Bid ( to be furnished in one original and one copy) and shall contain the following:

i) Covering Letter mentioning details of submission of tender along with enclosed documents.

ii) Bidders General Details/Information as per format F-1.

iii) Power of Attorney in favour of person(s) signing the bid that such person (s) is/are authorized to sign the bid on behalf of the bidder and any consequence resulting due to such signing shall be binding on the bidder.

iv) A Bid Form as per format F-2.

v) Copies of documents as required in format F-3, 3A & 3B.

vi) Copy of SOR/Price Schedule with prices blanked out and a confirmation that prices in requisite formats, strictly complying with the requirement, are in envelope number II Price Bid.

vii) Documents establishing the eligibility and conformity to the Bid Documents of all Goods and services, which the bidder proposes to supply under the award. Such document may be, literature, drawing or data and shall also include (a) the detailed description of the Goods essential technical and performance characteristics; (b) a clause by clause commentary on Employers technical specification and demonstrating supplies substantial responsiveness to the specifications.

viii) Copy of Bid security in accordance with Clause 16 of ITB to be furnished either in the form of Cashiers / Bankers cheque / Bank Draft payable to GAIL at New Delhi / Bank Guarantee as per format F-4 / Letter of Credit as per format F-4A.

ix) Letter of authority in favour of any one or two of bidders executives having authority to attend the un-priced and price bid opening on specified dates and venue as per format F-5.

x) Confirmation of no deviation as per format F-6.

xi) Certificate as per format F-7.

xii) Details of similar work done during last 05 years as per format F-8.

xiii) Current commitments strictly as per format F-9.

xiv) Agreed Terms & Conditions duly filled-in Form F-11 & F-12

xv) Integrity Pact- Form-13

xvi) List of documents submitted in compliance to BEC- form F-14

xvii) Indian Bidders are required to submit Employees Provident Fund registration certificate.

xviii) Details about Income Tax liability in India as per Format F-15 (for foreign bidders)

xix) Details of PF registration as per Format F-16.

xx) Checklist as per Format F-17.

xxi) Bidders declaration that they are not under liquidation, court receivership or similar proceedings or on holiday or blacklisted by any Govt. deptt/Public sector (including GAIL)

xxii) Any other information/details required as per bid document.

Note: All pages of the bid to be signed and sealed by authorized person of the bidder.

12.3 Envelope II : Super-scribing Price Bid- Not to Open with Techno- Commercial Un priced Bid PART-II


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Part-II- price Bid

(i) Part-II shall contain one original and one copies of Schedule of Rates duly filled in, in separate sealed envelopes duly signed and stamped on each page super scribing on the sealed envelope Price Do Not Open. In case of any correction, the bidders shall put his signature and his stamp.

12.4 Envelope III ; Super- scribing Bid Security- PART-III

Part-III shall contain original Bid security in separate sealed envelope.

13. Bid Prices

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

13.2 Prices must be filled in format for Schedule of Rates enclosed as part of Bidding Document. If quoted in separate typed sheets and any variation in item description, unit or quantity is noticed, the bid is liable to be rejected.

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

13.3.1 Port clearance and payment of custom duty shall be in the scope of the bidder, owner will provide an Authority letter in favour of bidder authorizing him to clear the goods on behalf of the owner. The goods shall be consigned in the name of owner. The owner shall reimburse customs duty (subject to the ceiling as quoted by bidder) paid by the bidder on owners behalf on receipt of relevant documents alongwith invoice as per payment terms specified elsewhere in this bid document.

13.4 All duties and taxes including applicable Custom duty, Works Contract tax, service tax and other levies payable by the Contractor under the Contract, or for any other cause, shall be included in the rates and prices and the total bid price submitted by the bidder.

13.5 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, except statutory variations mentioned in article no. 13.10 below.

13.6 The Bidder shall quote the prices both in figures as well as in words. There should not be any discrepancy between the price indicated in figures and the price indicated in words.

13.7 Alternative bids shall not be considered.

13.8 Discount/rebate if any, must be included in the quoted price and only discounted price is to be quoted in SOR..

In case any bidder offer discount/rebate separately, the same will not be considered for comparative evaluation of their bid viz-a-viz other bid but such discount/rebate will be considered at the time of ordering, if such a bidder still get the order based on the price quoted rate without discount.

13.9 The Indian Bidders shall indicate item-wise breakup of the quantum of imports involved for import of necessary raw materials and components giving CIF value of Import in applicable currency considered and included in bid price. The domestic bidder may include applicable rate of imports Duty for import of raw materials and components required for manufacturing of goods.

13.10 The statutory variation in Excise Duty & Sales Tax/Vat(rates) on finished goods and service tax ,if any, within the contractual delivery period shall be to GAILs account against submission of the documentary evidence. However, any increase in the rate of these taxes and duties beyond the contractual completion period shall be to bidder's account and any decrease shall be passed on to GAIL.

13.10.1 Further, any statutory variation in the rate of import duty within contractual delivery period, on the actual CIF value of import content/CIF value of supply, but subject to maximum of such duty payable on quoted CIF value shall also be to GAILs account. In case of delay in delivery, any increase in the rate of


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customs duty beyond the contractual completion period shall be to bidder's account and any decrease shall be passed on to GAIL.

13.10.2 The bidder shall mention the amount and rate of Service Tax, if applicable, in the price bid separately and clearly. If the same is not mentioned in the price bid, the quoted price shall be deemed to include the applicable Service Tax (as on the date of bid submission).

13.11 In case of Foreign bidders engaging Indian Agent till awarding of contract, pursuant to Cl.21 of ITB, then the total quoted prices should be inclusive of Indian Agent Commission (IAC). Such Foreign bidders are required to indicate the IAC in the price bid as percentage of FOB prices. GAIL will pay IAC directly to the Indian Agent in non-convertible Indian Rupees.

14. Bid Currencies 14.1 Indian Bidders may submit bid in any currency (Including Indian Rupees) and receive payment in such currency at par with foreign bidders.

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

14.3 Foreign Bidders may submit bid in home currency of bidders country or US Dollars/EURO or in any other currency.

14.4 A bidder expecting to incur a portion of his expenditure in the performance of contract in more than one currency (limited to maximum two currencies) (without prejudice to the provisions of clause no. 14..3) and wishing to be paid accordingly shall so indicate in the bid. In such a case, the bid shall be expressed in different currencies with the respective amounts in each currency together making up the total price. However, even if a bid contain more than one currency the bidder shall quote only either as a foreign bidder or an Indian bidder and fill-up the rates in different currencies in the price schedule format meant for Indian or foreign bidders, as the case may be.

15. Bid Validity 15.1 Bids shall be kept valid for four (04) Months from the final bid due date. A bid valid for a shorter period may be rejected by GAIL as non-responsive.

15.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request that the bidders extend the period of validity for a specified additional period. The request and the responses there to shall be made in writing or by fax / e-mail. A bidder may refuse the request without forfeiture of his bid security. A bidder agreeing to the request will not be required or permitted to modify his bid, but will be required to extend the validity of its bid security for the period of the extension and in accordance with Clause 16 in all respects.

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

16.1 Pursuant to Clause-12, the bidder shall furnish, as part of his bid, bid security in the amount specified in the Invitation for Bids (IFB) clause no.4.7.

16.2 The bid security is required to protect GAIL against the risk of bidders conduct which would warrant the securitys forfeiture, pursuant to Clause-16.7

16.3 The bid security as specified in IFB shall be submitted in US Dollars by bidders quoting in foreign currency and in Indian Rupees by bidders quoting in Indian Rupees and shall be in the form of a Bank Draft/ Bankers Cheque in favour of GAIL(India Ltd. payable at GAIL New Delhi issued by Indian Nationalized / Scheduled Bank or first class International Bank in the form of Bank Guarantee or irrevocable Letter of Credit as per format enclosed at F-4 /F-4A..

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

In case Bid Security is in the form of a Bank Guarantee or irrevocable Letter of Credit, the same shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank in case of Indian bidder and from any reputed International bank or Indian scheduled bank in case of foreign bidder. However, in case of Bank Guarantee from banks other than the Nationalised Indian banks, the bank must be commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. Bid Security shall be valid for 2 months beyond the validity of the Bid as specified in clause no 15.

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


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16.5 Unsuccessful bidders bid security will be discharged/returned as promptly as possible, but not later than 30 days after the expiration of the period of bid validity prescribed by GAIL, pursuant to ITB Clause-15.

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

16.7 The bid security may be forfeited:

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

b) in the case of a successful bidder, if the bidder fails:

i) to accept the Notification of Award/Fax of Intent (FOI) or

ii) to furnish Contract Performance Security in accordance with Clause-40.

iii) to accept arithmetical corrections.

16.8 Bid Security should be in favour of GAIL (India) Limited and addressed to GAIL. In case Bid Security is in the form of Bank Guarantee or Letter of Credit, the same must indicate the Bid Document No. and the work for which the bidder is quoting. This is essential to have proper co-relation at a later date. The Bid Security shall be in the form provided at F-4 (Bank Guarantee) or F-4A (Letter of Credit).

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

17. Pre-Bid Meeting

17.1 The bidders or their designated representatives, who have purchased bid document are invited to attend the pre bid meeting at the date and place mentioned above.

17.2 The bidders interested in attending pre bid meeting are required to pay the bidding document fee on or before pre bid meeting as detailed in the bid document.

17.3 The bidder is requested, as far as possible, to submit any query by courier or fax to reach GAIL not later than one week before the meeting. It may not be practicable at the meeting to answer queries received late but queries and responses/ clarifications will be transmitted in accordance with the following sub- clause.

17.4 The text of queries raised and responses prepared after pre bid meeting will be transmitted to all the purchasers of the bidding documents and will also be hosted at GAIL website prior to the bid due date . Any modifications of the bidding documents listed in clause 8.1 of ITB that may become necessary as a result of the pre bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to clause no 10 of ITB and not through the minutes of Pre bid meeting.

18. Format and Signing of Bid (Changed to the extent of e-tendering- please refer Addendum to ITB)

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. 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 entries or amendments 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.

19. Zero Deviation /Bid Rejection Criteria

19.1 Bidders to note that this is a zero deviation tender. GAIL will appreciate submission of offer based on the terms and conditions in the enclosed General Conditions of Contract (GCC), Special Conditions of Contract (SCC), Instructions to Bidders (ITB), Scope of Work, technical specifications etc. to avoid wastage of time and money in seeking clarifications on technical/ commercial aspects of the offer. Bids shall be considered non responsive and liable for rejection if deviations are taken to the under mentioned provision of bid documents by the bidder:-

i) Firm Price ii) EMD/Bid Bond/Bid Security iii) Scope of Supply/work iv) Specifications v) Price Schedule vi) Delivery/Completion Schedule


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vii) Period of Validity of Bid viii) Price Reduction Schedule ix) Performance Bank Guarantee/Security Deposit x) Guarantee xi) Arbitration/Resolution of dispute xii) Force Majure xiii) Applicable Laws xiv) EPF registration in case of domestic bidder xv) Integrity Pact

20. E-Payment 20.1 GAIL (India) Limited has initiated payments to suppliers and contractors electronically and to facilitate the payments electronically, the bidder should have an account with HDFC Bank or ICICI Bank or State Bank of India so that the payment through e-banking be made to the bidder, in case work is awarded to him. Please note that payment , if order is awarded, shall be released through e-banking only .Further, the bidder should give the details of his bank account in any one of the above banks duly certified by their banker to paying authority in advance to facilitate payment through e-banking in case of award of work on him.

21. Agent/ consultant/ Representative/ Retainer/ Associate

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

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

The following particulars will also be furnished by the bidder:

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

(ii) The mutual interest which the manufacturer/principal and the Agent/ Consultant/ Representative/ Retainer/Associate in India have in the business of each other.

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

(iv) Permanent Income Tax number of Agent/ Consultant/ Representative/ Retainer/ Associate in India.

(v) Permanent income tax account number of foreign supplier.

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

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

21.3 Overseas bidder should send their bids directly and not through Agent/ Consultant /Representative / Retainer /Associate. Bids through Agent/ Consultant /Representative / Retainer /Associate will not be recognized. Agent/ Consultant/ Representative/ Retainer/Associate of the overseas manufacturers/suppliers are, however, permitted to collect biding documents and attend bid opening provided such as Agent/ Consultant/ Representative/ Retainer/Associate has a power of attorney/letter of authority setting out very clearly his role, which will be limited to such areas of activity as purchase of bidding


documents, attending of bid opening and claiming of payment for their services, provided further that such a power of attorney/letter of authority is submitted to GAIL in advanced for scrutiny and acceptance or otherwise..

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D. Submission of Bids


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

22.1 Bid shall be submitted in the following manner in separately sealed envelopes duly superscribed as below:

Part I - Techno-commercial/ unpriced Bid Part II - Priced Bid Part III Original Bid Security

22.2 Part 'I' shall contain original and one copy of UNPRICED BID complete with all technical and commercial details other than price (with prices blanked out and copies of bid security). All the unpriced bids shall be completely identical in all respects including enclosures and shall be enclosed in separately sealed envelopes duly pasted with the corresponding cut-out slip enclosed. In the event of any discrepancy between them, the original shall govern. The envelope shall also indicate the name of the bidder.

22.3 Part 'II' PRICED BID shall be submitted in one original and one copy with duly filled in Price schedule sealed in a separate envelope duly pasted with the corresponding cut-out slip enclosed.

Part III BID SECURITY in original shall be submitted sealed in a separate envelope duly pasted with the corresponding cut-out slip enclosed.

All the unpriced bids shall be completely identical in all respects. In the event of any discrepancy between them, the original shall govern.

22.4 The three envelopes containing PART 'I', PART II and PART `III' should be enclosed in a larger envelope duly sealed and marked pasted with corresponding CUT OUT SLIP enclosed and also bear the name and address of the Bidder.

22.5 If the outer envelope is not sealed and pasted with the corresponding cut-out slip, GAIL will assume no responsibility for the Bid's misplacement or premature opening.

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

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

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

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

24. Late Bids/Unsolicited bids/Bids submitted at other places

24.1 Any bid received by GAIL after the deadline for submission of bids prescribed on main body of IFB will be rejected and returned unopened to the bidder.

24.2 Unsolicited bids or bids being submitted to address other than one specifically stipulated in the bid documents will not be considered for opening/evaluation/award and will be returned to such bidders.

25. Modification and Withdrawal of Bids (Changed to the extent of e-tendering- please refer Addendum to ITB)

25.1 The bidder may modify or withdraw his bid after the bid submission but before the due date for submission, provided that written notice of the modification/withdrawal is received by GAIL prior to the deadline for submission of bids.

25.2 The modification shall also be prepared, sealed, marked and dispatched in accordance with the provisions of Clause 22, with the outer and inner envelopes additionally marked modification or withdrawal, as appropriate. A withdrawal notice may also be sent by telex or cable, but followed by a signed confirmation copy post marked not later than the deadline for submission of bids.

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

25.4 No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the bidder on the Bid Form. Withdrawal of a bid during this interval shall result in the bidders forfeiture of his bid security pursuant to Sub-Clause 16.7.

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E. Bid Opening and Evaluation


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

26.1 Un-priced Bid Opening :

GAIL will open bids(Part-I and Part-III) including withdrawals and modifications made pursuant to Clause 25, in the presence of bidders designated representatives who choose to attend, at date, time and location stipulated in the IFB.The bidders representatives, who are present shall sign a bid opening register evidencing their attendance.

26.2 Priced Bid Opening:

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

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

27. Process to be Confidential

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

28. Contacting the Employer

28.1 From the time of bid opening to the time of Contract award, if any bidder wishes to contact the Employer on any matter related to the bid, it should do so in writing.

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

29. Examination of bids and Determination of Responsiveness

29.1 Prior to the detailed evaluation of bids, the Employer will determine whether each bid

(a) meets the Bid Evaluation Criteria; (b) has been properly signed; (c) is accompanied by the required securities; (d) is substantially responsive to the requirements of the bidding

documents; and (e) provides any clarifications and/or substantiation that the

Employer may require to determine responsiveness pursuant to Sub-Clause 29.2.

29.2 A substantially responsive bid is one that conforms to all the terms, conditions and specifications of the bidding documents without material deviations or reservations. A material deviation or reservation is one

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

(b) that limits in any substantial way, inconsistent with the bidding documents, the Employers rights or the bidders obligations under the contract; or

(c) whose rectification would affect unfairly the competitive


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position of other bidders presenting substantially responsive bids.

29.3 If a bid is not substantially responsive, it will be rejected by the Employer and may not subsequently be made responsive by correction or withdrawal of the nonconforming deviation or reservation.

30. Correction of Errors

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

(a) where there is a discrepancy between the amounts in words and in figures, the amount in words will govern; and

(b) where there is a discrepancy between the unit rate and the total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern.

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

31. Conversion to Single Currency for Comparison of Bids

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

32. Evaluation and Comparison of Bids

32.1 Evaluation and comparison of prices of previously determined substantially responsive bids shall take into account stipulations given in Article 29.

Bids shall be evaluated on the basis of total cost on complete package basis as per SOR including all duties, taxes and transportation charges etc. Excise duty(CVD for foreign bidders) and service tax will be specified by the bidder and necessary documents and certificates as required will be made available to the owner to enable it to avail cenvat benefit. The lowest priced bid thus evaluated shall be considered for placement of order. The schedule of rates quoted for whole scope of job with loading, if any, shall be taken up for evaluation to arrive at the lowest evaluated bid.

Employer shall not be issuing form (C) for availing concession rates of Sales Tax both for central and / or State Sales Tax.

For the purpose of comparison of price quoted for main plant and equipment the prices of Mandatory spares will be taken into account. O&M spares will not be evaluated for comparison purpose.

32.2 The evaluation of all responsive bids to arrive at lowest evaluated offer shall include the following :

32.2.1 Foreign Bidder :

i) CIF Price (with import duty) of supplies as quoted by the bidder.

ii) Charges towards Port and customs clearance, handling, forwarding etc at Mumbai port, Inland transportation, transit insurance up to site


including local, municipal ,octroi tax ,etc.

iii) Price quoted for Works including Works Contract tax and all other taxes and duties , if any.

iv) Service tax.

32.2.2. Indian Bidder :

i) Ex-works price including packing and forwarding, taxes and duties on raw materials/components, cost of imported raw materials/component if any etc.

ii) Inland transportation, octroi etc.

iii) Terminal excise duty on finished goods

iv) Works Contract Tax and/or Sales tax on finished goods.

v) Insurance

vi) Price quoted towards works including all applicable taxes and duties , if any.

vii) service tax.

33. Preference for Domestic Bidders

33.1 Domestic price preference not applicable.

33.2 Domestic Bidder shall furnish details of equipment/ Items, applicable Central Sales Tax rate without FormC along with the corresponding amount.

33.3 The Sales Tax amount indicated by the Bidder as included in the prices, shall be paid by GAIL against documentary evidence only. In case the Bidder is not able to produce documentary evidence for full value of the sales tax, the payment shall be limited to the value for which documentary evidence is furnished.

34. Purchase Preference

34.1 Purchase Preference to Central Government Public Sector Undertakings shall be allowed as per government guidelines, if applicable.

35. Compensation for extended stay

Clause Deleted

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F. Award of Contract


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36. Award 36.1 Subject to Clause 29, GAIL will award the contract to the successful bidder whose bid has been determined to be substantially responsive and has been determined as the lowest, is determined to be qualified to satisfactorily perform the contract.

37. Employers Right to Accept Any Bid and to Reject Any or All Bids

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

38. Notification of Award

38.1 Prior to the expiration of period of bid validity GAIL will notify the successful bidder in writing by fax, cable or telex to be confirmed in writing, that his bid has been accepted. The notification of award / Fax of Intent will constitute the formation of the Contract.

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

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

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

39. Signing of Agreement

39.1 GAIL will award the Contract to the successful bidder, who, within 15 days of receipt of the same, shall sign and return the acceptance copy to GAIL.

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

40. Contract Performance Security

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

40.2 The contract performance security shall be for an amount equal to 10% of the value of the contract towards faithful performance of the contractual obligations and performance of equipment. This Bank Guarantee/DD/Letter of Credit shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank. However, in case of bank guarantees from banks other than the Nationalized Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its


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letterhead. This bank guarantee shall be valid for a period as stated in Article-24 of General Conditions of Contract.

Failure of the successful bidder to comply with the requirements of this article shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security, in which event GAIL may award the order to the next lowest evaluated bidder or call for new bids.

41. Corrupt or Fraudulent Practices

41.1 GAIL requires that bidders/contractors observe the highest standard of ethics during the execution of contracts. In pursuance of this policy, the Employer : a) defines, for the purposes of this provision, the terms set forth below as follows :

1. corrupt practice means the offering, giving or soliciting of anything of value to influence the action of a public official in the procurement process or in contract execution; and

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

b) will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question;

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

42. Integrity Pact Bidder is required to sign the Integrity Pact with GAIL as per format & terms conditions as per ANNEXURE, F- 13 In case a bidder does not sign the Integrity Pact, his bid shall be liable for rejection.

COMMITMENTS AND OBLIGATIONS OF THE COUNTERPARTY

a) The Counterparty, directly or indirectly (through agent, consultant, advisor, etc.), shall not pay any bribe / influence or give undue / unlawful benefit to anyone to gain undue advantage in dealing with GAIL.

b) The Counterparty will not engage in collusion of any kind including price fixation etc. with other Counterparts.

c) The counterparty will not pass GAILs confidential information to any third party unless specifically authorized by GAIL in writing.

d) The Counterparties shall promote and observe best ethical practices within their respective organizations.

e) The Counterparty shall inform the Independent External Monitor. f) If it received any demand, directly or indirectly, for a bribe / favour or

any illegal gratification / payment / benefit; g) If it comes to know of any unethical or illegal payment / benefit; h) If it makes any payment to any GAIL associate. i) The Counterparty shall not make any false or misleading allegations

against GAIL or its associates.


VIOLATIONS & CONSEQUENCES:

a) If a Counterparty commits a violation of its Commitments and Obligations under the Integrity Pact Programme during bidding process, their entire Earnest Money Deposit / Bid Security, would be forfeited and in addition, they may be blacklisted from the GAIL business in future.

b) In case of violation of the Integrity pact by Counterparty after award of the Contract, GAIL shall be entitled to terminate the Contract. GAIL would forfeit the security deposits, encash the bank guarantee(s) and other payments payable to Counterparty in such cases.

c) Subject to satisfaction of the Independent External Monitor, GAIL may ban / blacklist / put on holiday and exclude the Counterparty from future dealings until GAIL is satisfied that the Counterparty shall not commit any such violation in future.

d) In addition to above, GAIL reserves its right to initiate criminal proceedings against the violating Counterparty, if the allegations by Counterparty are found frivolous, untrue and misleading and may also impose exemplary cost for the same.

e) The Counterparty will be entitled to claim as determined by the Independent External Monitor, if the above (d) is found incorrect.

INDEPENDENT EXTERNAL MONITORS (IEMS)

The following three Independent External Monitors (IEMs) have been appointed by GAIL, in terms of Integrity Pact (IP) which forms part of GAIL Tenders / Contracts.

i) Dr. A. K. Kundra, ii) Shri S.C. Tripathi

iii) Shri U. Sundararajan This panel is authorized to examine / consider all references made to it under this tender. The bidder(s), in case of any dispute(s) / complaint(s) pertaining to this tender may raise the issue either with the designated Tender Issuing Officer in GAIL or directly with the IEMs on the panel c/o Chief Vigilance Officer, GAIL (India) Limited, GAIL Bhawan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi 110066.

G. FORMS AND FORMATS :

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Regd. Office : GAIL ( India) Limited, 16, Bhikaiji Cama Place, New Delhi 110 066; Ph: +91-11-26172580; Fax: +91-11-26185941 ; Visit us at http://www.gailonl

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