GAIL SAP Implemenattion Tender Aug30

e-Tender No. 8000004576 (Bid document No. GAIL/INFOHUB-NOIDA/C&P/AD/12052/SAP-JV-ACCOUNTING ) for Implementation of SAP-JV Accounting System for E&P Deptt

GAIL (India) Limited(A Govt. Of India Undertaking) (A Navratna Company) B-35 & 36, Sector-1, Noida(U.P.), India Phone Nos. 0120-2549261,2549310,2549155 Fax- 011-26185941,26182126

TENDER FOR IMPLEMENTATION OF SAP-JV ACCOUNTING SYSTEM FOR E&P DEPTT OF GAIL

e-Tender No. 8000004576BID DOCUMENT NO. GAIL/INFOHUB-NOIDA/C&P/AD/12052/SAP-JV-ACCOUNTING

Contact Details: Mr. Ashish Dadel, SM(C&P) Ph.: 0120-2547855, Email: [email protected]

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

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CONTENTSSection I. Notice Inviting Tender (NIT), Invitation for Bid (IFB) and Cut Out Slip Section II. Addendum to Instruction to Bidders and Instructions to Bidders (ITB)

A. General B. Bidding Documents C. Preparation of Bids D.Submission of Bids E. Bid Opening and Evaluation F. Award of ContractForms & Formats (Form F-1 to F-18) Section III. Section IV. Section V. Section VI. General Conditions of Contract (GCC) Special Conditions of Contract (SCC) Scope of work & Technical Specifications Schedule of Rate (SOR)


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SECTION - INOTICE INVITING TENDER INVITATION FOR BID (IFB) CUT OUT SLIP


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INVITATION FOR BID ( IFB)Ref.: GAIL/INFOHUB-NOIDA/C&P/AD/12052/SAP-JV-ACCOUNTING/ Date: 16.08.2012

To M/s

SUB: TENDER FOR IMPLEMENTATION OF SAP-JV ACCOUNTING SYSTEM FOR E&P DEPTT Dear Sir,GAIL (India) Limited, Noida, invites bids through e-tendering for Implementation of SAP-JV Accounting System for E&P Deptt Of Gail(I) Ltd under single stage two bid system from competent vendors meeting the Bid Evaluation Criteria (BEC) as stated in the detailed RFQ/Bid Document attached. The brief details of bid document are as follows: e-Tender No. Bid Document No. Mode of tendering /Submission of Bid Availability of Bidding document on GAILs website Tender Fee Bid Security/Earnest Money Deposit (EMD) Bid Validity Completion Period Contract Performance Bank Guarantee (CPBG) : : : : : : : : : 8000004576 GAIL/INFOHUB-NOIDA/C&P/AD/12052/SAP-JV-ACCOUNTING/ Through e-Tender (https://etender.gail.co.in/irj/portal) (Physical Bids will not be accepted) From 16.08.2012 onwards Nil Rs.1.66 Lakhs Three Months from bid closing date Within 07 Months to be reckoned from date of Kick off Meeting including post go live support of 3 Months. Kick off meeting shall take place within 15 days of FOI The successful bidder shall submit within 15 days of receipt of FOI a Bank Guarantee(s) for an amount equivalent to 10% of the total Contract Value excluding taxes & duties valid for 3 months period beyond 12 Months of DLP support period . 22.08.2012, 11:00 Hrs. IST GAIL (India) Limited, Infohub, B-35 & 36, Sector-1, Noida -201301 (UP)

Date of Pre Bid Meeting Venue of Pre-Bid Meeting

: :


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Due date and time for submission of Bids Date and time for opening of un-priced bids

: :

30.08.2012 upto 14:00 Hrs.IST 30.08.2012 at 15:00 Hrs.IST

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

Other Features of the Tender Document are as follows :1.0 1.1 (i) BID EVALUATION CRITERIA(BEC): Technical Criteria: Bidder should be an authorized SAP Implementation and Support partner as on date of submission of bid. In support of same the bidder has to submit Authorization Certificate from M/s SAP in favour of bidder. (ii) Bidder should have directly executed one SAP JVA project successfully, in any one of the last Seven years. Bidder to submit 1. Copy of work order, 2. Completion Certificate (in case the project is under implementation, project Go Live Certificate report from purchaser). (iii) (iv) The Implementation Partner should have a resource base of at least 500 SAP consultants. The certificate from HR head of the company to be furnished. Bidder should have SEI-CMMi Certification Level 5 (not applicable if OEM). Bidder shall submit copy of the valid Certificate. (v) A job executed by a bidder for its own plant/ projects cannot be considered as experience for the purpose of meeting the requirement of BEC of the tender. However, jobs executed for subsidiary / fellow subsidiary / holding company will be considered as experience for the purpose of meeting BEC subject to submission of copies of tax paid invoice(s) duly certified by statutory auditor of the bidder towards payments of statutory taxes in support of the job executed for subsidiary / fellow subsidiary / holding company. Such bidders should submit these documents in addition to the documents specified in the bidding document to meet BEC.

1.2

Financial Criteria:

i.

Annual Turnover :The minimum annual turnover achieved by the bidder as per the audited financial results during any one of the three immediate preceding financial years shall be Rs. 42 Lakhs.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 ; https://etender.gail.co.in

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ii.

Net Worth :Net Worth of the bidder should be positive as per the immediate preceding years audited financial results.

iii.

Working Capital :The minimum working capital of the bidder as per immediate preceding years audited financial results shall be Rs. 8.3 Lakhs If the bidders working capital is inadequate, the bidder shall supplement this with a letter issued by his Banker, having a net worth not less than Rs. 1000 Million or US $ 20 million, confirming the availability of line of credit to meet the specified working capital required as above. 1.3 Documentation: Bidder shall meet the Technical and Financial Evaluation criteria as stated above. Bidders shall furnish all the necessary documentary evidence along with the bid to establish the Evaluation criteria including the following: a) Certificate from statutory auditors in the prescribed format along with SAP Authorization Certificate, Copies of Work Orders & relevant Completion Certificates (in case the project is under implementation, project Go Live Certificate report from purchaser) and valid SEI-CMMi certificate etc to meet technical criteria at para no.1.1(i),1.1(ii) &1.1(iv). Certificate from statutory auditors in the prescribed format along with Copies of Balance Sheet and P&L statement to meet financial criteria at para no. 1.2 . Audited Balance Sheets, Profit & Loss Account statement required as per BEC (Financial). In absence of requisite documents GAIL reserves the right to reject any reference to bidders. 2.0 BID EVALUATION METHODOLOGY: The bid evaluation methodology proposed for award of job is as under: Techno-Commercially Qualified bids will be compared based on the total evaluated price net of CENVAT (wherever applicable) for the complete scope of work, as quoted by the bidder. The contract will be awarded to the overall lowest bidder net of Cenvat wherever applicable. Any error in quoting taxes & duties to bidders account. the Bid without making

b) c)

3.0 4.0

A Pre-bid meeting shall be held with the bidders. Pre-Bid Meeting: The bidder(s) or his authorized representatives are invited to attend the pre-bid meeting which will take place at GAIL (India) Ltd., Infohub, B-35 & 36, Sector-1, Noida -201301, on date and time, as specified in IFB . Bidders representative shall carry authority letter in Format-F5 as attached with the Bid Document. Bidders are requested to attend the Pre-Bid Meeting so that their queries ,if any, related to the Bid Document and Scope of work can be addressed for the queries raised/received by GAIL in following format not later than 2 days prior to pre-bid during the meeting( refer ITB Clause no.


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17). SL# Ref tender clause no. or description if any Bidders s Observation Clarification Required for

A session will also be arranged for bidders to demonstrate our e-Tendering system to facilitate bidders to submit the Bid online. The bidder, who desires to attend the pre-bid meeting, is also required to deposit/submit the bid document fee, in original as prescribed, before commencement of pre-bid meeting. Bidders who do not deposit/submit the tender fee before date and time of commencement of pre-bid meeting shall not be allowed to attend the meeting. 5.0 Submission of Bid : Bid is to be submitted on our E-Tendering website (https://etender.gail.co.in/irj/portal). Bidders shall submit their bids i.e. UN-PRICED Bid in Collaboration Folders of e- tendering system and Price Bid in SRM as attachment. We have enclosed format for Schedule of Rates as an MS Excel attachment. Bidders are requested to down load the same and quote their prices strictly as per the format without altering the content of it. Bids complete in all respects should submitted on or before due date and time of Last date of Bid submission. Bids can not be submitted after the due date and time. Only the Bid submitted on our E-tendering system will be considered for evaluation. Physical Bids sent through Fax/Email/Courier/Post will not be accepted. 6.0 6.1 6.2 General: No extension in the bid due date/time shall be considered on account of delay in receipt of any document. This is a ZERO Deviation Bidding Document. Bidder is to ensure compliance of all provisions of the Bidding Document and submit their bid accordingly. Bids with any deviation to the bid conditions shall be liable for rejection. Corrigenda/Addenda, if any, shall also be available on the GAIL web sites. Further, bidder shall give an undertaking on their letter head that the content of the bidding document have not been altered or modified. Bid document is non-transferable. Bids received from bidders in whose name Bid Document fee has been submitted shall only be considered. Bidder must submit the Bid Document Fee in their name Payment of bid document fee shall be by Crossed Bank Draft from a first class International Bank or an Indian Nationalized/Scheduled Bank, in favour of GAIL (India) Limited, payable at Noida /New Delhi and the same shall be submitted in physical form along with Bid Security. Bank Draft shall be valid for 3 months. The bid of any bidder shall be considered only if the bid is accompanied by the prescribed bid document fee in the form of demand draft along with Bid Security. The foreign bidders can purchase the bidding document by submitting bid document fee in US Dollars or Indian Rupees (directly or through their authorized Indian representative). Bids must be accompanied with Bid Security as mentioned above in the form of Demand Draft/ Bankers Cheque/ Bank Guarantee/ Letter of Credit. Bidders shall ensure that Bid Security having a validity of two months beyond the required validity of bid, must accompany the bid in the

6.3

6.4

6.5


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format made available in the Bid Document. Bids not accompanied with Tender fee & Bid Security in requisite form & value shall be summarily rejected. Bid Security and tender fee to be submitted as per addendum to Instruction to Bidders of Bid Document. However, the firms registered with NSIC (under its Single Point Registration Scheme) will be exempted from the payment of tender fee provided they are registered for the items they intend to quote against GAIL tenders. The Government departments / PSUs are also be exempted from the payment of tender fee. Further, No earnest money / bid security will be necessary from Public Sector Undertakings and the firms registered with NSIC provided they are registered for the items they intend to quote against the GAIL tender. Small Scale Industries units registered with the NSIC, under its Single Point Registration Scheme, shall be exempted from submission of EMD/Bid Security. 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 GAIL will not be responsible for cost incurred in preparation and submission of bids. This Invitation for Bids (IFB) is an integral and inseparable part of the enclosed Bid Document. Purchase preference to Central Public Sector Undertakings as admissible under the prevailing Government of India policy shall be applicable. GAIL reserves the right to carry out capability assessment of the bidder including referral to inhouse information. Bidder should not be under liquidation, court receivership or similar proceedings. Bidder should not be black listed with any PSU and should not be on holiday list of GAIL and its PMC (i.e.SENES, PEC, EIL, Mecon Tracabel and JP Kenny). Bids sent through Fax/ E-mail/ Courier/ Computer floppy/CD/Pen Drive shall not be accepted. The following documents in addition to uploading the bid on the GAILs e-Tendering website must be submitted in Original in physical form: (i) (ii) (iii) (iv) (v) 6.14 6.15 Demand Draft towards Bid Document Fee. EMD/Bid Bond Power of Attorney Integrity Pact Consortium MOU/ Agreement in case of consortium bid .

GAIL reserves the right to reject any or all the bids received at its sole discretion without assigning any reason whatsoever. Acknowledgement cum Consent Letter : On receipt of tender document/information regarding the tender, Bidder shall acknowledge the receipt and confirm his intention to bid or reasons for non-participation against the enquiry/tender through e-mail/fax to concerned executive in GAIL issued the tender, by filling up the Format attached at Appendix-A below.

THIS IS NOT AN ORDER.

For & on behalf of GAIL (India) Limited (ASHISH DADEL)


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SR. MANAGER(C&P)To The Incharge (C&P) GAIL (India) Ltd B-35&36, Sector-1, Noida Email : [email protected] Fax:0091-(11) 26185941/26182126. Sub: e-Tender No. 8000004576 for Appendix-A

E&P DepttDear Sir,

Implementation of SAP-JV Accounting System for

We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/job and/or the information regarding the subject tender. o We intend to bid as requested for the subject item/job and furnish following details with respect to our quoting office: Postal Address with Pin Code Telephone No. Fax No. Contact Person E-mail Address Mobile No. Date Seal/Stamp o : : : : : : . : .

. . :

We are unable to bid for the reasons given below: Reasons for non-submission of bid:

1. 2. 3.

Agency Name Signature Name Designation Date Seal/Stamp

: : : : : :

.. .. .. ..


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CUT OUT SLIP DO NOT OPEN(FOR ORIGINAL TENDER FEE , ORIGINAL BID SECURITY, POWER OF ATTORNEY & INTEGRITY PACT ) e-Tender No. 8000004576 for Implementation of SAP-JV Accounting System for E&P Deptt

E-TENDER NO. BID DOCUMENT NO. DUE DATE & TIME FROM: M/s

: : :

8000004576

GAIL/INFOHUB-NOIDA/C&P/AD/12052/SAP-JV-ACCOUNTING/ 30.08.2012 upto 14:00 Hrs ISTTO: In-Charge (C&P) GAIL (INDIA) LIMITED B-35 & 36, Sector-1, Noida -201301, (INDIA)

(TO BE PASTED ON THE ENVELOPE CONTAINING ORIGINAL TENDER FEE , ORIGINAL BID SECURITY, POWER OF ATTORNEY ONLY & INTEGRITY PACT )


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SECTION - II INSTRUCTIONS TO BIDDERS (ITB) ADDENDUM NO.1 TO ITB FOR e-TENDERING(Refer GAILs e-tendering Website Main Window)

READY RECKNOR FOR E-TENDERING FORMS & FORMATS


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Instructions to Bidders (ITB)Table of ContentsA. 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 Bidding Documents 8. Content of Bidding Documents 9. Clarification of Bidding Documents 10. Amendment of Bidding Documents 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 Submission of Bids 22. Sealing and Marking of Bids 23. Deadline for Submission of Bids 24. Late Bids 25. Modification and Withdrawal of Bids 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 Award of Contract 36. Award 37. Employers Right to Accept any bid and to Reject any or all Bids 38. Notification of Award 39. Signing of Agreement 40. Contract Performance Security 41. Corrupt or Fraudulent Practices 42. Integrity Pact 43. Taxes & Duties 44. Service Tax 45. Contract Value 46. Income tax Liability

B.

C.

D.

E.

F.


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Section-II

Instructions to BiddersA.1.

GeneralScope of Bid

1.1

The Employer, as defined in the General Conditions of Contract, hereinafter the Employer, wishes to receive bids for the Supply/Work as described in this tender document, hereinafter referred to as the Works. The successful bidder will be expected to complete the Supply/Works/Services within the period stated in Special Conditions of Contract. Throughout these bidding documents, the terms bid and tender and their derivatives (bidder/ tendered, bid/ tendered, bidding/ tendering, etc.) are synonymous, and day means calendar day. Singular also means plural. Documents Establishing Bidders Qualification Bidder shall, as part of their bid, submit a written power of attorney authorizing the signatory of the bid to commit the bidder. Pursuant to qualification criteria specified in Invitation for Bids (IFB) the bidder shall furnish all necessary supporting documentary evidence to establish the bidders claim of meeting qualification criteria. The bidder shall furnish, as part of his bid, documents establishing the bidders eligibility to bid and his qualifications to perform the contract if his bid is accepted. The documentary evidence of the bidders qualifications to perform the contract if his bid is accepted, shall establish to the OWNERS satisfaction that, the bidder has the financial, technical and capacity necessary to perform the contract. The invitation of bid is open to any bidder.

1.2 1.3

2.

Eligible Bidders

2.1 2.1.1 2.1.2 2.1.3 2.1.4

2.2 2.3

(i.) that has provided consulting services related to the work to the GAIL (ii.)

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

during the preparatory stages of the works or of the project of which the works form a part, or that has been hired by the GAIL as PMC for the contract.

2.4 2.5

The bidder shall not be under a declaration of ineligibility by GAIL for corrupt or fraudulent practices as defined in ITB clause no. 41. The bidder is not put on holiday by GAIL or its PMC (i.e. PEC, EIL, Mecon, Tracabel , JP Kenny & M/s SENES etc.) or black listed by any Government Department/ Public Sector on due date of submission of bid. If the documents were issued inadvertently / downloaded from website, offers submitted by such bidders shall not be considered for opening / evaluation / award. A job executed by a bidder for its own plant/ projects cannot be considered as experience for the purpose of meeting the requirement of BEC of the tender. 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 taxes in support of the job executed for subsidiary / fellow subsidiary / holding company. Such bidders should submit these documents in addition to the documents specified in the bidding document to meet BEC. As mentioned in Invitation for bids (Refer IFB / RFQ)

2.6

3. 4.

Bid Criteria

Evaluation 4.1

Bids from Joint Venture / Consortium

Bids from Consortium are acceptable provided that they fulfil the qualifying requirements stated in the IFB and Total number of consortium members including leader should not exceed

three.

Members of the consortium shall


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(NOT APPLICABLE FOR THIS TENDER)

assume responsibility jointly and severally. Consortium Agreement / MOU shall be submitted along with the bid, clearly defining the scope and responsibilities of each of the consortium members.

4.2

Consortia of Bidders, if any, must clearly define role/scope of work of each partner/member. Further, the agreement for a consortium must accompany the Bid and should clearly define the Leader of such a consortium, who shall be responsible for timely completion of work and shall communicate with Employer/Consultant on behalf of the consortium, and amongst consortium members during the period the Bid is under evaluation by Employer/Consultant as well as during execution of work, in the event the work is awarded. Leader of the Consortium will be completely responsible for the execution of the work in accordance with the Contract and Employer/Consultant will communicate only with the Leader of the Consortium. A consortium once established at the time of submitting the Bid shall not be allowed to be altered with respect to constituting members of the consortium or their respective roles/ scope of work, except, if and when required in writing by Owner. If during the evaluation of Bids, a consortium proposes any alternations/changes in orientation of consortium or replacements or inclusion or expulsion of any partner(s)/ members(s) of the consortium which had originally submitted the Bid to derive some advantage/ benefits based on any development(s) having come to Owners knowledge at any time, the Bid of such a consortium shall be liable for rejection. In the event that the successful bidder is a Consortium, the Employer requires that the parties to the Consortium accept jointly and severally liabilities for all obligations under the Contract. In case of Bids submitted by a Consortium, members shall comply with the following requirements: i) In case of successful bid, the Form of Agreement shall be signed by all the constituents of the said consortium so as to be legally binding on all members. ii) One of the members shall be authorised to be Leader and submitting a Power of Attorney signed by legally authorised signatories of all the members shall evidence this authorization. iii) Leader shall be authorised to incur liabilities and receive instructions for and on behalf of any one or all members of the consortium and the entire execution of contract iv) All payments shall be released in favour of Consortium or in name of consortium leader if the same have been agreed by all consortium partners and GAIL assume no responsibility what so ever for payment disbursement or payment sharing among consortium partners including tax liability if any . v) All members of the Consortium shall be liable jointly and severally for the execution of Contract in accordance with the Contract terms and a relevant statement to this effect shall be included in the authorisation mentioned under ii) above as well as in the Form of Agreement (in case of successful bid). Notwithstanding statement by the member(s) of the consortium, the leader shall be exclusively responsible for the performance and all the liabilities of the consortium under the Contract.

4.3

4.4

4.5

4.6

It is specifically agreed by the members that in the event of the Leader of the Consortium running into any financial problem and/ or otherwise fails to comply with any of Leaders obligations under the Contract at any time, other members shall fully undertake total responsibility to provide all necessary financial resources for the Job and shall comply with, in addition to the other partners own obligations, all the obligations under the Contract of Leader for completing the Job in time without prejudice to the joint and several responsibilities of all members and Leader. A firm shall submit only one bid in the same bidding process. A bidder who submits

5.

One Bid per Bidder

5.1


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or participates in more than one bid will cause all the proposals in which the bidder has participated to be disqualified. 6. Cost of Bidding 6.1 The bidder shall bear all costs associated with the preparation and submission of the bid, including costs and expenses related to visits to the site and GAIL will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. The bidder is advised to visit and examine the Site of Works and its surroundings and obtain for itself on its own responsibility all information that may be necessary for preparing the bid and entering into a contract for construction of the Works. The costs of visiting the Site shall be at the bidders own expense. Claims and objections due to ignorance of existing conditions will not be considered after submission of the bid and during implementation. 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. The Employer may conduct a Site visit concurrently with the pre-bid meeting.

7.

Site Visit

7.1

7.2

7.3

B. Bidding Documents8. Content of Bidding Document 8.1 The Bidding Documents/Tender Documents are those stated below and should be read in conjunction with any addenda issued in accordance with ITB Clause 10. Section I. Notice Inviting Tender (NIT) Invitation for Bid (IFB) Appendix-A Cut out slips Instruction to Bidders , addendums & ready Reckoner for e-tendering Forms & Formats General Conditions of Contract for Goods & Works Special Conditions of Contract Scope of Work & Technical details along with Annexures & Figures Schedule of Rates in SRM

Section II. Section III. Section IV. Section V. Section VI.

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 Bidding Documents of 9.1 A prospective bidder requiring any clarification(s) of the Bidding Documents may notify GAIL in writing or by fax or e-mail at GAILs mailing address indicated in the Invitation for Bids not later than 15 days prior to the deadline. GAIL may, if deem appropriate, respond in writing to the request for clarification. Written copies of GAILs response (including an explanation of the query but without identifying the source of the query) will be sent to all prospective bidders who have received the bidding documents. Any Clarification or information required by the bidder but same not received by the Employer, fifteen days prior to the bid due date, the same is liable to be considered as no clarification/information required.


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However in case there is a provision of pre-bid meeting , for any such clarification on bidding documents provision of clause no. 17 of ITB shall apply .10. Amendment Bidding Documents of 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. Such amendment will also be uploaded on GAILs website In order to afford prospective bidders, reasonable time in which to take the amendment into account in preparing their bids, GAIL may, at its discretion, extend the bid due date.

C.11.

Preparation of BidsThe 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. In the event of submission of any document/ certificate by the Bidder in a language other than English, the English translation of the same shall be duly authenticated as under : By Chamber of Commerce of Bidders country or Indian Embassy of Bidders Country . Metric measurement system shall be applied.

Language of Bid

12. Documents Comprising the Bid

The e-bid prepared by the bidder shall comprise the following: 12.1 Part I: E-Envelope- I:Superscribing Techno-Commercial Un-price Bid (PART-I) Techno-commercial/Un-priced Bid shall contain the following digitally singed by the authorised person on each page and to be uploaded in collaboration folder. Covering letter. Bidders General Details/information as per format F-1. Power of Attorney in original physical form in favour of person (s) signing the bid that such person (s) is/are authorised to sign the bid on behalf of the bidder and any consequence resulting due to such signing shall be binding on the bidder. Bid Form as per format F-2. Documents(Statutory Auditors certificate ) as required in format F-3A to meet technical criteria and in format F-3B to meet financial criteria of BEC from statutory auditors . Price Schedule with prices blanked out mentioning Quoted / Not Quoted against each item and shall mention other details like rate of taxes and duties etc. considered. Bid security/EMD in accordance with Clause no.16 of ITB shall be furnished in Original in physical form either in the form of Bankers Cheque/Bank Draft payable to GAIL at New Delhi / NOIDA or Bank Guarantee as per format F-4 or letter of credit as per Format F-4A. Letter of authority in original physical form in favour of any one of bidders executive having authority to attend the un-priced and price bid opening on specified dates and venue as per format F-5 Confirmation of no deviation as per Format F-6. Certificate as per Format F-7 for confirming the Government of India is not party of Agreement.


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Details of similar work done during past seven years as per Form F-8. Documentary Evidence establishing that Bidder is eligible to bid and meet Bid Evaluation Criteria in accordance with Clause No. 1.0 of IFB. Certificate of Non-Involvement of Agent as per Format F-10, if there is no Agent / GAIL / retainer / Associate is involved. Proforma for details of Indian Agents as per Format F-11 if Agent/Retainer/ Associate is involved. Declaration as per Format F-14 Agreed Terms & Conditions as per Format F-13 . Check List duly filled in as per Format F-12. Project Schedule in the form of Bar-Chart complying to tender conditions Employee Provident Fund Registration & ESIC details as per Format F-15. Acknowledgement cum consent letter as per Format Appendix-A Integrity pact as per Format F-16 MSMED Act details Format F-18 In case of consortium bid, the bid shall contain the following documents(Not Applicable for this tender): o Power of Attorney in original in physical form signed by legally authorised signatories of all the members evidencing authorisation to one of the member as nominated leader in the consortium as per ITB Clause No.4. Consortium Agreement / MOU in original in physical form entered into by all members as per ITB Clause No.4.

o

Any other information/details required as per Bidding Documents.

Superscribing Price Bid- (PART-II) Part II: Price Bid (to be uploaded as an SRM attachment) Part II shall contain original Schedule of Prices duly filled in, e-signed on each page. 12.3 Envelope III: Superscribing Bid Security- PART-III in physical form with the scanned copy of the same uploaded in e-tender. Part-III: Bid Security in original physical form. Part-III shall contain one original and one copy of Bid security in separate sealed envelopes. 12.4 Envelope IV: Superscribing Bidding Document Fee- PART-IV in physical form with the scanned copy of the same uploaded in e-tender. Part-IV : Bidding Document Fee. Part-IV shall contain original Bidding Document Fee as explained in the IFB. 12.5 Envelope V: Superscribing Power of Attorney & Integrity Pact in case of consortium bid- PART-V in physical form with the scanned copy of the same uploaded in e-tender. Part- V : Power of Attorney & Integrity Pact .Part-V shall contain original Power of Attorney &, Integrity Pact in separate sealed envelope.

12.2 E-Envelope II:


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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 . The prices quoted by the Bidders will be inclusive of all taxes, duties, royalties, rights for usage / obligation of proprietary tools.

13.2

Prices must be filled in format for Schedule of Rates enclosed as part of Bidding Document. If quoted in separate typed sheets and any variation in item description, unit or quantity is noticed; the bid is liable to be rejected. 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. Port & custom clearance shall be scope of the bidder. Owner will provide an authority letter in favour of foreign bidder authorizing him to clear the goods on behalf of owner . The goods shall be consigned in the name of owner. The owner shall reimburse custom duty ( subject to the ceiling as quoted by bidder ) paid by the bidder on owners behalf on receipt of relevant documents along with invoice as per payment terms specified elsewhere in this bid document.( NA ) The GAIL is not entitled to Project rate of Customs Duty for imports made for the purchase. Therefore, the bidder while quoting the price may consider the merit rate of custom duty. Bidder shall ascertain the applicable rate of customs duty and shall be solely responsible towards applicability and correctness of such rates. The evaluation and ordering shall be carried out based on the rates of customs duty considered by the bidder. However, in case of wrong classification, no variation including statutory variation of Customs Duty will be payable extra. The bidder(s) must indicate quantity, CIF value & rate of custom duty considered in the Price Schedule. (NA) All duties and taxes including applicable Custom duty, WCT and other levies payable by the Contractor/Supplier under the Contract, or for any other cause, shall be included in the rates quoted . 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 . (i)

13.3

13.4

13.5

13.6

13.7

13.8

Statutory variation in ED, Sales Tax/ VAT & Service tax if any during the contract completion period shall be reimburse by GAIL if the same has been declared by the bidder in SOR Format - else the same shall be not be reimbursed or paid by Employer /Owner .The statutory variation in Excise Duty & Sales Tax/Vat(rates) on finished goods and service tax ,if any, within the contractual completion 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. 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 customs duty beyond the contractual completion period shall be to bidder's account and any decrease shall be passed on to GAIL. Any new taxes & duties, if imposed by Govt. of India and / or State Govt.

(ii)

(iii)

(ii)


18


after the date of bid submission but before the contractual completion date, shall be reimbursed to the contractor on submission of documentary evidence and after ascertaining its applicability w.r.t the contract. No statutory variation will be given for material supplied by sub vendor/ contractor 13.9 The bidder shall mention the amount and rate of Service Tax, if applicable, in the price bid separately and clearly(Refer SOR Format ). 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). 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. Alternative bids shall not be considered. Conditional discount, if offered shall not be considered for evaluation. 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. The GAIL will not issue concessional form for CST. Bidders are required to provide CENVATABLE invoices with respect to Excise Duty, VAT and Service Tax in all cases which shall be raised as per the details provided in detailed Order/ Letter of Award . GAIL shall not issue entry/ road permit 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.Indian Bidders may submit bid in any currency (including Indian Rupees) and receive payment in such currencies on par with foreign bidders. Currency once quoted will not be allowed to be changed. EMPLOYER shall not be compensating for any exchange rate fluctuation. Foreign Bidders may submit bid in the home currency of bidder's country or in US Dollars / EURO or any other currency. A bidder expecting to incur a portion of his expenditure in the performance of contract in more than one currency (limited to maximum two currencies) and wishing to be paid accordingly shall so indicate in the bid. In such a case, the bid shall be expressed in different currencies with the respective amounts in each currency together making up the total price. Maximum 2 currency is allowed

13.10

13.11 13.12 13.13 13.14

13.15 13.16

13.17 13.18

14.

Bid Currencies is amended to the extent as follows :

14.1 14.2 14.3

To be quoted in INR only for this tender

14.4

14.5

15.

Bid Validity

15.1 15.2

Bids shall be kept valid for 3(Three ) months from the final bid due date. A bid valid for a shorter period may be rejected by GAIL as non-responsive. In exceptional circumstances, prior to expiry of the original bid validity period, the Employer may request that the bidders extend the period of validity for a specified additional period. The request and the responses thereto shall be made in writing or by fax / e-mail. A bidder may refuse the request without forfeiture of his bid security. A bidder agreeing to the request will not be required or permitted to modify his bid, but will be required to extend the validity of its bid security for the period of the extension and in accordance with Clause 16 in all respects.


19


16.

Bid Security (Changed to the extent of etenderingplease refer Addendum to ITB)

16.1 16.2

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). 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 The bid security in US Dollars for bidders quoting in foreign currency or in Indian Rupees for bidders quoting in Indian Rupees shall be in the form of a Bank Draft/ Bankers Cheque/ Bank Guarantee or Letter of Credit. GAIL shall not be liable to pay any bank charges, commission or amount of Bid Security. interest on the

16.3

In case Bid Security is in the form of a Bank Guarantee or irrevocable Letter of Credit, the same shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank in case of Indian bidder and from any reputed International bank or Indian scheduled bank in case of foreign bidder. However, in case of Bank Guarantee from banks other than the Nationalised Indian banks, the bank must be commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. Bid Security shall be valid for 2 months beyond the validity of the Bid. 16.4 16.5 Any bid not secured in accordance with Clause-16.1 and 16.3 may be rejected by GAIL as non-responsive. 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. 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. 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. 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). For Indian Bidders : Central Public Sector Undertakings of Government of India and firms registered with NSIC are exempted from furnishing bid security provided they are registered for the quoted items upto the monetary limit they intend to quote and subject to their enclosing with their bid a copy of the latest and current Registration Certificate. The bidder (s) or his authorised representative are invited to attend the pre-bid meeting which will take place at GAIL (India) Ltd., B-35 & 36, Sector-1, Noida 201301. Bidders representative shall carry Authority letter as per Format F- 5 attached in the Bid Document. The purpose of meeting will be to clarify issues and to answer queries on any matter that may be raised at that stage. The bidder is requested, as far as possible, to submit any queries by courier or by fax to reach Employers office not later than two days before the meeting. All communication must be addressed to GAIL (India) Limited, B-35 & 36, Sector-1, Noida -20130, India. It may not be practicable at the meeting to answer queries

16.6

16.7

16.8

16.9

17.

Pre-Bid Meeting

17.1

17.2 17.3


20


received late, but queries and responses/clarifications will be transmitted in accordance with the following sub-clause. 17.4 The text of the queries raised and the responses given, together with any responses prepared after the meeting will be transmitted without delay (without identifying the sources of the questions) to all the prospective bidders as per records available to PURCHASER and will also be uploaded on GAILs website. Any modifications of the bidding documents listed in clause 8 that may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an addendum pursuant to clause no. 10 of ITB and not through the minutes of the pre-bid meeting Non- attendance of the pre-bid meeting will not be a cause for disqualification of the bidder. The original of the bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorized to sign on behalf of the bidder. The name and position held by each person signing, must be typed or printed below the signature. All pages of the bid except for un-amended printed literature where entries or amendments have been made shall be initialled by the person or persons signing the bid (changed to the extent of e-tendering please refer addendum to Instruction to Bidders) . The bid shall contain no alterations, omissions, or additions, unless such corrections are initialed by the person or persons signing the bid. Bidders to note that this is a zero deviation tender. GAIL will appreciate submission of offer based on the terms and conditions in the enclosed General Conditions of Contract (GCC), Special Conditions of Contract (SCC), Instructions to Bidders (ITB), Scope of Work, technical specifications etc. to avoid wastage of time and money in seeking clarifications on technical/ commercial aspects of the offer. Bidder may note that no technical and commercial clarifications will be sought for after the receipt of the bids. Bids with any deviation to the bid conditions shall be liable for rejection. In any case, no exception or deviation shall be accepted to the following stipulations/conditions of Bidding document, failing which the bid shall be considered non-responsive and shall be liable for rejection Firm Price (However subjected to variation as per Price Variation Clause of SCC) Special Conditions of Contract , Scope of Work, specifications and Technical details Schedule of Rates Period of Contract / delivery Schedule Force Majeure Performance Bank Guarantee/Security Deposit (if applicable) Guarantee of material/work Price Reduction Schedule (PRS) for delay in delivery. Validity of bid. Bid Security & Tender fee Arbitration / Resolution of Dispute Applicable Laws Non-signing of Integrity Pact Any other condition specifically stated in the Bid Document elsewhere that noncompliance of the clause lead to rejection of the Bid conditions shall be liable for rejection.

17.5 18. Format and Signing of Bid 18.1

18.2 19. Zero Deviation 19.1

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 ebanking be made to the bidder, in case work is awarded to him. Further, the bidder should give the details of his bank account in any one of the above banks to facilitate payment through e-banking in case of award of work on him. All payments against the contract shall be released by SR.MANAGER(F&A) GAIL, Noida, India. The invoices must be addressed to:


21


DY. GENERAL MANAGER (F&A), GAIL (India) Limited, B-35&36, Sector-1 Noida-201301 Bidders have to furnish details of their bank account (HDFC/ICICI/SBI of any bank) in the following format: a. Account no. b. Account Type c. Bank Name d. Branch Name and Address e. Branch Code f. MICR Code g. PAN GAIL shall release all payment compulsorily thru Electronic media (i.e. E-banking), hence bidder are advised to open their account with SBI/HDFC/ICICI Bank immediately if not opened and inform GAIL, so that bill payments can be credited directly to their respective account. 21. Agent/ consultant/ Representative/ Retainer/ Associate 21.1 GAIL would prefer to deal directly with the manufacturers/ principals abroad but in case they decide to have their Agent/Consultant/ Representative/Retainer/Associate in India and pay commission for their services against a particular tender it should be bare minimum and the principal would have to certify that such a commission is commensurate with the services rendered to them by such an Agent/ Consultant/ Representative/ Retainer/ Associate in India. The principal will also have to broadly list out services to be rendered by the Agent/Consultant/ Representative/ Retainer/ Associate in India. 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) (ii) The precise relationship between the foreign manufacturer/principal and their Agent/Consultant/ Representative/Retainer/Associate in India. The mutual interest which the manufacturer/principal and the Agent/ Consultant/ Representative/ Retainer/Associate in India have in the business of each other. 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. Permanent Income Tax number of Agent/ Consultant/ Permanent income tax account number of foreign supplier. All services to be rendered by the Agent/ Consultant/ Representative / Retainer/Associate .

21.2

(iii)

(iv) (v) (vi)

Note :Tenders which do not comply with the above stipulations are liable to be ignored.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 ; https://etender.gail.co.in

22


21.3

Overseas bidder should send their bids directly and not through Agent/ Consultant /Representative / Retainer /Associate. Bid(s) made by Agent/Consultant/Representative/Retainer/Associate shall be rejected. Agent/ Consultant/ Representative/ Retainer / Associate of the overseas manufacturers/suppliers are, however, permitted to purchase biding documents and attend bid opening provided such as Agent/ Consultant/ Representative/Retainer/Associate has a power of attorney/letter of authority setting out very clearly his role, which will be limited to such areas of activity as purchase of bidding documents, attending of bid opening and claiming of payment for their services, provided further that such a power of attorney/letter of authority is submitted to GAIL in advanced for scrutiny and acceptance or otherwise. Representative/ Retainer/ Associate in India.

D.22.

Submission of BidsSealing and Marking of Bids (Changed to the extent of etenderingplease refer Addendum to ITB) 22.1 Bid shall be submitted in the following manner: Part I - Techno-commercial/ unpriced Bid Part II - Priced Bid Part III Original Bid Security, Power of Attorney and Tender Fee 22.2 Part 'I' shall contain original UNPRICED BID complete with all technical and commercial details other than price (with prices blanked out and copies of bid security). Part 'II' PRICED BID shall be submitted in original (SRM) with duly filled in Schedule of Rates. Part III BID SECURITY, TENDER FEE (if not submitted earlier) and POWER OF ATTORNEY in original shall be submitted sealed in a envelope duly pasted with the corresponding cut-out slip enclosed. 22.5 If the envelope containing Bid Security and Power of Attorney is not sealed and pasted with the corresponding cut-out slip, GAIL will assume no responsibility for the Bid's misplacement or premature opening. Envelope shall also contain name & address of the bidder. Bids must be received on the e-tender web site of Purchaser. Original of Bid Security and Power of Attorney only can be received at the following Address : In-Charge(C&P) GAIL (India) Limited, B-35 & 36, Sector-1, Noida -201301,India 22.6.1 Each bidder shall submit only one bid. A bidder who submits more than one bid will be rejected. 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. 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. 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. 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.

22.3

22.6

23.

Deadline Submission Bids

for of

23.1 23.2

24. 25.

Late Bids Modification Withdrawal Bids and of

24.1 25.1


23


25.2

25.3 25.4

The modification shall also be prepared, sealed, marked and despatched in accordance with the provisions of Clause 22, with the outer and inner envelopes additionally marked modification or withdrawal, as appropriate. A withdrawal notice may also be sent by telex or cable, but followed by a signed confirmation copy post marked not later than the deadline for submission of bids. No bid shall be modified after the deadline for submission of bids. No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the bidder on the Bid Form. Withdrawal of a bid during this interval shall result in the bidders forfeiture of his bid security pursuant to Sub-Clause 16.7.

E. Bid Opening and Evaluation26. Bid Opening (Changed to the extent of e-tendering please refer Addendum to ITB) 26.1 Unpriced Bid Opening : GAIL will open bids, including withdrawals and modifications made pursuant to Clause 25, in the presence of bidders designated representatives who choose to attend, at date, time and location stipulated in the IFB. The bidders representatives, who are present shall sign a bid opening register evidencing their attendance. 26.2 26.2.1 Priced Bid Opening: GAIL will open the price bids of those bidders who meet the qualification requirement and whose bids is determined to be technically and commercially responsive. Bidders selected for opening of their price bids shall be informed about the date of price bid opening. Bidders may depute their authorized representative to attend the opening. The bidders representatives, who are present shall sign a register evidencing their attendance. 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 technocommercially responsive bidders. 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. 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. 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. Prior to the detailed evaluation of bids, the Employer will determine whether each bid (a) meets the Bid Evaluation Criteria; (b) has been properly signed; (c) is accompanied by the required securities; (d) is substantially responsive to the requirements of the bidding documents; and (e) provides any clarification and/or substantiation that the Employer may require to determine responsiveness pursuant to Sub-Clause 29.2. A substantially responsive bid is one which conforms to all the terms, conditions and specifications of the bidding documents without material deviations or reservations. A material deviation or reservation is one (a) that affects in any substantial way the scope, quality, or performance of the Works; (b) that limits in any substantial way, inconsistent with the bidding documents, the Employers rights or the bidders obligations under the contract; or (c) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids.

26.2.2

27.

Process to Confidential

be

27.1

28.

Contacting Employer

the

28.1 28.2

29.

Examination of bids and Determination of Responsiveness

29.1

29.2


24


29.3 30. Correction Errors of 30.1 (a) (b) 30.2

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. 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 : where there is a discrepancy between the amounts in words and in figures, the amount in words will govern; and 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. 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. To facilitate evaluation and comparison, GAIL will convert all bid prices expressed in the amounts in various currencies in which bid is submitted (including submitted supporting BEC documents to meet BEC criteria ), 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.Note : If in the Qualifying BEC documents (technical & financial ) as submitted by bidders, if the values / amounts are expressed in currencies other than INR/US$ then Foreign Exchange rate at the Bill Collection selling rates of Foreign Exchange as declared by State Bank of India a day prior to bid due date shall prevail .(Not Applicable for this tender) Evaluation and comparison of prices of previously determined substantially responsive bids shall take into account stipulations given in Article 32 . As mentioned in Invitation for bids (Refer IFB / RFQ)

31.

Conversion to Single Currency for Comparison of Bids

31.1

31.2 32. Evaluation Comparison Bids and of 32.1

33. 34. 35.

Preference for Domestic Bidders Purchase Preference Compensation for extended stay

33.1 34.1

Not applicable Purchase Preference to Central Government Public Sector Undertakings shall be allowed as per government guidelines in vogue.

35.1

Not applicable

F. Award of Contract36. 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. 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. 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. Delivery shall be counted from the date of notification of award / Fax of Intent. The notification of award will constitute the formation of a Contract, until the Contract has been effected pursuant to signing of Contract as per Clause 39 of ITB.

37.

Employers Right to Accept Any Bid and to Reject Any or All Bids Notification Award of

37.1

38.

38.1

38.2


25


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 Agreement of 39.1 39.2 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. The successful bidder shall be required to execute an AGREEMENT in the proforma given in of this standard bidding document on non-judicial paper of appropriate value (the cost of stamp paper shall be borne by the Contractor), within 15 days of the receipt by him of the Notification of Acceptance of Tender. In the event of failure on the part of the successful bidder to sign the AGREEMENT within the above stipulated period, the Bid Security shall be forfeited and the acceptance of the tender shall be considered as cancelled. Within 15 days of the receipt of the notification of award / Fax of Intent from GAIL, the successful bidder shall furnish the contract performance security/Guarantee in accordance with Article 24 of General Conditions of The Contract in the form provided in the bidding documents. The Contract Performance Security/Guarantee shall be in the form of either Bankers Cheque or Demand Draft or Bank Guarantee or Letter of Credit and shall be in the currency of the Contract. The contract performance security shall be for an amount equal to (*) of the value of the contract awarded excluding taxes & duties towards faithful performance of the contractual obligations and performance of equipment. This Bank Guarantee/DD/Letter of Credit shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank. However, in case of bank guarantees from banks other than the Nationalized Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 Crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. This bank guarantee shall be valid for a period ( 3 months beyond warranty period ) as stated in Article-9 of Special Conditions of Contract. 40.3 Note (*) Refer IFB for details . 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. GAIL requires that bidders/contractors observe the highest standard of ethics during the execution of contracts. In pursuance of this policy, the Employer : a) defines, for the purposes of this provision, the terms set forth below as follows : i) ii) 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 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;

40.

Contract Performance Security/ Guarantee

40.1

40.2

41.

Corrupt Fraudulent Practices

or

41.1

b) will reject a proposal for award if it determines that the bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question; c) will declare a firm ineligible and put on holiday, either indefinitely or a for a stated period of time if it at any time determines that the firm has engaged in corrupt or fraudulent practices in competing for, or in executing a contract. 41.2 a) Bidder is required to furnish the complete and correct information/documents required for evaluation of their bids. If the information/documents forming basis of


26


evaluation is found to be false /forged, the same shall be considered adequate ground for rejection of the bids and forfeiture of Earnest Money Deposit. b) In case, the information/document furnished by the vendor/contractor forming basis of evaluation of his bid is found to be false/forged after the award of the contract, GAIL shall have full right to terminate the contract and get the remaining job executed at the risk & cost of such vendor/contractor without any prejudice to other rights available to GAIL under the contract such as forfeiture of CPBG/Security Deposit, withholding of payment etc. c) Incase this issue of submission of false document comes to the notice after execution of work, GAIL shall have full right to forfeit any amount due to the vendor/contractor along with forfeiture of CPBG/Security Deposit furnished by the vendor/contractor. d) Further, such bidder/vendor/contractor shall be put on Blacklist Holiday List of GAIL debarring them from future business with GAIL. 42 Integrity Pact Bidder shall submit Integrity Pact (as enclosed at Format-F-16 of the Bid Document) duly signed along with un-priced part of their Bid. Bidder shall take a print of Integrity Pact and shall fill in the required details as required in above format. Bidder shall sign the Integrity Pact on each page and get it witnessed. Bidder shall submit the scanned copy of above duly signed & witnessed Integrity Pact. In absence of above, the bid as submitted by Bidder will be liable for rejection. The Quoted rates should be inclusive of all applicable taxes & duties applicable Indian withholding taxes (Personal & Corporate ). including

43 44

Taxes & Duties Service tax

The bidder is required to mention the applicable rate of Service Tax and cess thereon as on the final due date of bid submission. Service Tax and Cess thereon shall be paid as per the rate mentioned by the bidder in their offer on submission of documentary evidence/invoice(s) as per rule 4 of service tax rule. In the event of statutory variation on account of service tax and cess thereon within the contract period) except on account of variation in the turnover of contractor), the same shall be paid by GAIL. The bidder shall indicate in its bid the Service Tax registration no. and in case the Service Tax registration no. is not available, the bidder will give confirmation for obtaining registration with a copy of application for registration. The Contractors liable to pay Service Tax for the work / services rendered to GAIL, shall specifically mention the Service Tax registration No. in their Invoice(s). Further, the amount and rate of Service Tax shall be separately and distinctly specified in the Invoice(s). The service provider shall submit proper invoice as required under the Service Tax Law. At present Rule 4 A of service tax Rules provides the relevant provisions for issuance of proper invoice by the service providers. In case any other particulars of GAIL, NOIDA as receiver of services are required to be mentioned, if any, under Service Tax Law and / or/ CENVAT Credit Rules, on the date of providing of Services to GAIL, the same shall also be mentioned on the invoice. For payment of service tax, serially numbered invoice / bill shall be issued by the service provider and should also specify following: (i) The name, address and registration number of the service provider (ii) The name and address of the recipient of the taxable service (iii) Description, classification and value of taxable service provided and (iv) The service tax payable on such services The above details are required to enable GAIL to avail Cenvat credit for the service tax payments. It shall be the responsibility of the contractor to pass on the CENVAT Credit benefit to GAIL, wherever applicable. In case GAIL looses any benefit / amount of CENVAT Credit, due to any fault of the bidder (i.e. non submission of proper invoice timely), which could otherwise have been availed by GAIL as per rules, the same shall be recoverable from the contractor / not paid to the contractor In case of Foreign bidder (Foreign bidder here means a person from country other than India or a person who has established a business or has a fixed establishment from which the service is provide or to be provided or has his permanent address or usual place of residence


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in a country other than India) the applicable amount of Service Tax and cess thereon (as applicable on the last due date of bid submission) will be specified by bidder and will be accordingly loaded on the quoted rates for the purpose of evaluation of bid. The applicable service tax and cess thereon shall be paid by GAIL, NOIDA, as a recipient of taxable services, directly to the service tax department as per the applicable provisions of service tax law in India. The rate of service tax as stipulated in offer/schedule of rates shall be considered as the prevailing present rate on the due date of submission of the bid 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 rate shall not be admitted by owner. The present rate of service tax as indicated by the bidders shall be considered as the maximum payable by owner in the event no statutory variations take place and any remainder/balance service tax, if payable, beyond the indicated rates shall be borne by the bidder. However, in the event of any statutory variations in the service tax, if the quoted rates are found erroneous then the base rates for calculation of statutory variation for the purpose of reimbursement of service tax shall take into account either the rate actually prevalent on the due date of submission of bid or the erroneous rates indicated by the bidders whichever is beneficial to owner. Consequently, any difference in service tax if it becomes payable to the authorities shall be borne by the bidder.

The bid rates should be inclusive of all taxes & duties applicable during the contract period except Service Tax and Education Cess thereon. Service Tax and Education Cess thereon to be quoted separately in percentage as well as its total amount in SOR and same shall be payable extra wherever service provider is liable to pay service tax as per Rule 4A of Service Tax Rule, 1994. However, where GAlL as a service receiver is liable to pay service tax, in such case also bidder shall quote applicable Service Tax and Education Cess thereon both in percentage as well as its total amount in SOR and shall also submit proper invoice as per Rule 4A of Service Tax Rules, 1994 in order to ascertain the amount of service tax payable by GAlL. A. In case a bidder does not indicate the rate & amount of service tax in the SOR or makes any other statement (e.g, "NIL", "Inclusive", "Kept as Blank" etc.), their quoted price shall be considered inclusive of service tax at the rate applicable at the time of bid opening (i e presently @ 12.36 %) and the job shall be awarded accordingly to the L-l bidder after reduction of the applicable service tax amount ascertained in this regard. In case a bidder indicate the rate & amount of service tax in the SOR as "Extra at Actuals" their quoted price shall be evaluated after loading of service tax at the rate applicable at the time of bid opening without any abatement ( i. e. presently @ 12.36%). In case the bidder quotes any other rate which is less than prevailing rate as per service tax rules by virtue of any abatement! exemption then the bidder shall make note of such abatement / exemption in Agreed Terms and conditions, else their quoted price shall be evaluated after loading of service tax at the rate applicable without any abatement (i. e. presently @ 12.36 %),at the time of bid opening instead of lower rate of service tax as quoted by the bidder. However reimbursement of service tax will be restricted to the rates as quoted by bidder in percentage as well as its total amount in SOR, and contractor shall be liable to pay differential service tax at its own to government department. During the execution of the contract, (GAlL may ask for copy of challan to ensure the payment by contractor of such differential service tax) In case, rate of service tax quoted by bidder is higher than maximum applicable rate as per prevailing service tax rules payment of service tax shall be restricted to the prevailing maximum rate ( i. e. presently @ 12.36 %), and in the same line for evaluation purpose also the prevailing maximum rate ( i. e. presently @ 12.36 %) shall only be considered. The Higher rate of service tax quoted by bidder as stated above in percentage as well as its total amount in SOR shall be treated as void.

B.

C.

D.


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The bidder who is exempted to pay Service Tax and Education Cess thereon due to annual turnover at the time of bid submission, evaluation shall be made based on information available in their bid. Further, after placement of order/contract, if Service Tax and Education Cess thereon due to increase in annual turnover become livable, GAlL shall not reimburse Service Tax &Education Cess thereon and contractor shall be liable to pay Service Tax & Education Cess thereon to Government department during the execution of the contract. The bidder shall indicate in its bid the Service Tax Registration no. and in case the Service Tax registration no. is not available, the bidder will give confirmation for obtaining registration with a copy of application for registration. The Service Provider shall specifically mention the Service Tax Registration No. in their Invoice(s). Further, the amount and rate of Service Tax shall be separately and distinctly specified in the Invoice(s). In addition to above invoice / bill shall be serially numbered and should also specify following: (I) (II) (III) (IV) The name, address and registration number of the service provider The name and address of the recipient of the taxable service Description, classification and value of taxable service provided and The service tax payable on such services

The above details are required to enable GAIL to avail Cenvat credit for the Service Tax payment.

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Contract value

The contract value shall remain firm and fixed and valid till completion of the contract. No escalation on any account shall be payable, whatsoever may be the reason thereof except for statutory variation in accordance with Clause no. 13 & 44 tax The bidder will have to bear all income tax liability, both Corporate as well as for his personnel.

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Income Liability

47

Debarring participation re-tendering

for in

In case after price bid opening the lowest evaluated bidder is not awarded the job for any mistake committed by him in bidding or withdrawal 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)/items(s).


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e-Tender No. 8000004576 (Bid document No. GAIL/INFOHUB-NOIDA/C&P/AD/12052/SAP-JV-ACCOUNTING ) for Implementation of SAP-JV Accounting System for E&P Deptt Addendum No.1 to ITB

Addendum No. 1 to Instruction To Bidders for e-TenderingInstructions to Bidders for participation in e-Procurement

GAIL (India) Ltd., has developed a secured and user friendly system

Date post:	18-Apr-2015
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