SCOPE OF WORK FOR THIRD PARTY INSPECTION/QUALITY SURVEILLANCE

AT VENDOR PREMISES

1.0 SCOPE OF WORK

Scope of work under this contract shall in board include the following but not limited
to,

1.1. Inspection/quality surveillance at vendor works for various supply items like pipe lines,
fittings, flanges, fabricated items (vessels, exchangers, filters, steam traps etc.)
rotating equipment (pumps, compressors etc.) and their spare parts, studs etc.

1.2. TPI agency shall provide Technical inputs/suggestions to GAIL Pata for approval of
Quality Assurance Plan (QAP), if required.

1.3. Ensure that contractors / vendors carry out work in accordance with Approved QAP.

1.4. Undertaking inspection and witness such test, which are required to be ensure that
all equipment and materials confirm to specification and relevant codes and
standard as per approved QAP.

1.5. TPI agency shall hard stamp the items inspected for material identification.

1.6. Where size of fittings /items doesn’t permit single/double marking, random inspected
and accepted fittings should be ensured for separately packing and sealing tag
duly identified with single/double marking as applicable.

1.7. TPI agency must ensure colour coding for IBR, CRYO, NACE, HYDROGEN and Special
services as stipulated in PO or as per the relevant code.

1.8. Inspection of received material at site during fabrication / erection / maintenance

jobs as and when required at GAIL, Pata to assess the quality of material.

1.10 Inspection report on the approved format, highlighting status of drawings, constraints,
suggested corrective measures & non conformity from specification etc. along with
all relevant test certificates to be submitted to EIC in one hardcopy within 15 days &
one soft copy within 03 days after completion of job.

1.11 In general the scope of work consists of activities, as per the specifications detailed in
tender document and to be completed as per instruction of Engineer-In-Charge. Any
other work not specifically mentioned above but required to complete the work as
per specifications; drawings and instruction of Engineer-In-Charge shall also be
responsibility of the agency.

1.12 Issue Inspection Release Note (IRN) as per the approved format for finally accepted
materials. However if there is any physical observation leading to re-work which is to
be carried out by the manufacturer/vendor, release note should be issued after
physical verification of recommended rectifications only.
2.0 INSPECTION AGENCY’S SCOPE

2.1 For TPI inspection visit at Vendor works/at plant site, SOR rate will be the same for all
the days of the week (even on holidays); no overtime charges will be paid. Payment
will be made only for actual inspection days. No additional charges will be paid for
travel days. Transportation, Lodging, boarding, food charges etc will be in the scope
of TPI agency.

2.2 The inspection agency shall arrange safety equipment like helmet, safety Dress,
safety shoes, hand gloves etc. at their own cost.

2.3 The Inspection agency shall in all professional matter acts as a faithful advisor to GAIL
and will provide all the expert technical advice and skills which are normally required
for the class of services for which it is engaged.

2.4 The inspection agency shall prepare and submit reports in due time and in
accordance with the special conditions of contract.

2.5 The inspection agency should maintain sufficient number of Inspection engineers. The
inspection engineers should be Graduate Engineers in respective field, having
experience of minimum three years in the field of Inspection of above said items.

2.6 The inspection engineers shall have thorough knowledge of all applicable
standards/codes etc.

2.7 MONTHLY COORDINATION ACTIVITY FOR TPI JOB AT GAIL PATA SITE:

The Inspection Agency shall nominate and depute a qualified and experienced
person (semi-skilled) as its representative at GAIL Pata site, who will be the
coordinator between GAIL and Inspection agency for the performance of the
contract which includes followings:

2.7.1 This nomination & deputation at GAIL, PATA shall be done within fifteen (15) days
after Contract starting date. Inspection agency shall notify GAIL in written at least 15
days prior to the appointment of a new representative. Inspection contractor’s
representative may be replaced only with consent of EIC.

2.7.2 This representative’s job will be liaising with TPIA, vendors, inspection call preparation,
status report preparation & maintaining inspection reports etc.

2.7.3 Bidder must ensure that payment to the deputed person is in line with Minimum
Wages Act, 1948 with intimation to EIC. Minimum Wages are revised from time to
time as per circular issued by Deputy Chief Labour Commissioner, Kanpur.
2.7.4 The contractor must ensure compliance of all Labour laws as per Special Conditions
of Contract (SCC) for deployed contract worker.

2.7.5 Deployed contract worker shall be issued a permanent gate pass for which
formalities shall be done by authorised representative of contractor.

TECHNICAL QUESTIONNAIRE/REQUIREMENT

TECHNICAL REQUIREMENTS TO BE CONFIRMED BY BIDDER FOR RATE CONTRACT

FOR THIRD PARTY INSPECTION/ QUALITY SURVEILLANCE AT VENDOR PREMISES
FOR GAIL PATA .

BIDDER NEEDS TO FULLFIL BELOW TECHENICAL REQUIREMENT, FAILING WHICH

BIDDER’S OFFER MAY BE LIABLE FOR REJECTION.

Sl. GAIL’S QUERY BIDDER’S CONFIRMATION/COMMENT

No.

1 The bidder must have minimum 10 nos. of

employees as quality control engineers with
minimum three years of experience in the field of
Chemical/ Petrochemical / Hydrocarbon Processing
Industry / Fertilizer / Power Plant.

Bidder must submit documentary proof such as

appointment letter/ record of PF deduction/ copy
of salary slip along with list of employees for
confirmation of minimum 10 nos. employees.

2 The bidder must employ minimum 05 nos. NDT

Level-II personnel in any NDT technique out of
RT/UT/MPI/DPT.

Bidder must submit copies of Level-II certificates as

documentary proof as per above requirement, valid
on bid opening date.
 3 The bidder must have site offices in minimum four
major cities out of Delhi, Mumbai, Kolkata, Chennai,
Delhi NCR, Bangalore, Hyderabad, Baroda,
Coimbatore, Tiruchirapalli, Pune, Lucknow, Bhopal,
Indore and Ahmedabad.

Bidder must submit documentary proof for site

office address confirmation.

4 The bidder must be enlisted by NABCB (National

Accreditation Board for Certification Bodies) in list
for IB (Inspection Bodies).

Bidder must submit copy of Accreditation certificate

of Inspection body issued by NABCB, valid on bid
opening date.

Note- This Technical Questionnaire Format must be duly signed and stamped by bidder and
submitted along with techno-commercial offer.

SIGNATURE OF BIDDER :

NAME OF BIDDER :

COMPANY SEAL :
 SCHEDULE OF RATES

SL. No. Description Unit Quantity

1 One day inspection visit by one TPI inspector for Each 500
Inspection/Quality Surveillance at Vendor
works/at plant site as per Scope of work inclusive
of travel expense, lodging, boarding & all
miscellaneous charges
2 Monthly coordination activities for TPI jobs as per Lump-sum 24
scope of work
NOTE

(i) For SOR item Sl. No. 1, one Each quantity means TPI inspection by one TPI inspector for one
Manday (8 working hours). This SOR rate will be the same for all the days of the week (even on
holidays), no overtime charges will be paid. Payment will be made only for actual inspection
days. No additional charges will be paid for travel days. Transportation, Lodging, boarding, food
charges etc will be in the scope of TPI agency.

(ii) For SOR item Sl. No. 2, one Lump sum quantity means monthly coordination activities for
01-month period. For partial completed months, payment shall be made on pro rata basis.

Note: Bidder is requested to quote total lump-sum cost (Including GST) for line item no 1 & 2
separately in GeM Portal. However, Payment shall be made as per actual quantity executed at site
after deriving the unit rate as per formula shown below:

For Line item No. 1: Unit rate including GST =

(Lump-sum amount quoted for line item 1 by bidder on GeM Portal)

500

For Line item No. 2: Unit rate including GST =

(Lump-sum amount quoted for line item 2 by bidder on GeM Portal)

24
 SPECIAL CONDITIONS OF CONTRACT

JOB: RATE CONTRACT FOR THIRD PARTY INSPECTION / QUALITY SURVEILLANCE AT VENDOR
PREMISES.

1.0 INTRODUCTION

1.1 GAIL intends to line-up a contract for the third party inspection /quality surveillance of
inward supply of various items at vendor works & at GAIL, PATA plant site.

1.2 The Special conditions of Contract shall be read in conjunction with the General
Conditions of Contract, Scope of Work, Schedule of rates, Specification , Drawings
and any other documents forming part of the contract, wherever the context so
requires.

1.3 The quantity of work mentioned in the tender document is indicative to bidder. This
may vary in either sides and are not in any way guaranteed.

1.4 The contractor has to make his own arrangements for his workmen for food,
transportation and accommodation during the period of the contract.

2.0 SCOPE OF WORK:

The Scope of Work of the contractor is described separately in the bidding document
as “Scope of work for third party inspection/quality surveillance for vendor supplied
items”. It is however, explicitly understood that the scope as described is not limiting,
in so far as the responsibilities of the contractor are concerned and shall include,
inter-alia, carrying out any and all works and providing any and all facilities as are
required to complete the works in all respect.

3.0 PERIOD OF WORK CONTRACT

3.1 The duration of contract will be 24 months from the date of Fax of Acceptance (FOA)
/ Letter of Acceptance (LOA), whichever is earlier. Based upon the performance of
the contractor and requirement of plant, the same contract may be extended for
another 06 months or part thereof on same rate, terms and conditions which shall be
binding on the contractor.
3.2 The decision of the “EIC” regarding extension of the contract shall be final and
binding on the inspection agency.

4.0 PERIOD OF MOBALISATION:

The agency has to depute his inspector at Vendor’s/ GAIL Pata site within 48 hours of
written intimation (excluding the traveling time) by Supplier or EIC. The Inspection
agency has to mobilise all resources including manpower within the above period.

5.0 PUNITIVE CLAUSE FOR DELAY/ NON PERFORMANCE AND FAILURE TO COMPLY WITH
SAFETY REQUIREMENTS:

5.1 In case the CONTRACTOR fails to complete the work (e.g. deputing an authorised
representative at GAIL Pata within 15 (fifteen) days from date of issuance of
FOA/LOA, whichever is earlier) as provided in the agreement within stipulated period
fixed/agreed due to any reason not attributed to GAIL, penalty at the rate of ½ % of
the total contract price per complete week of delay or part thereof subject to a
maximum of 5 % of the total contract price plus any other expenditure incurred by
GAIL. The said amount will be recovered from amount due to the Contractor/
Contractor’s Contract Performance Security payable on demand.

5.2 During deputation of authorised representative at GAIL and if the contractor is called
upon at GAIL, PATA contractor should observe the security and safety related rules
and regulations introduced from time to time by GAIL, PATA management. Violation
of this clause by contractor shall attract the penalty of Rs. 10,000/- per occasion.

5.3 In case of non-satisfactory performance by inspection engineer due to non-

workmanship/under performance/non-compliance to specifications and if the same
has been accepted and man-day claimed by contractor, payment equal to three
times the man-day rate shall be deducted. The decision of the “EIC” regarding this
shall be final and binding on the Contractor.

5.4 Contractor has to depute his surveyor for inspection at vendors’ premises on mutually
agreed date/rescheduled date, as communicated in written by vendor/GAIL (if
communication is received from vendor for inspection, a copy of the communication
is to be forwarded to GAIL immediately), latest by 48 hours of agreed
 date/rescheduled date. Upon failure of which, a penalty of Rs 5000/- per day shall be
imposed.

6.0 CONFIDENTIALITY

6.1 The inspection Agency shall treat all matters in connection with the contract as strictly
confidential and undertakes not to disclose, in any way, information, documents, and
technical data given to him by GAIL without the prior consent of the latter.

6.2 The Inspection Agency further undertakes to limit the access to confidential
information to those of its employees, who reasonably require the same for the
proper performance of the contract however that inspection Agency shall ensure
that each of them has been informed about confidentiality and non –disclosure.

7.0 QUANTUM OF JOBS & SCHEDULE OF RATES:

7.1 The rates quoted by the contractor shall remain firm throughout the period of the
contract and no escalation will be granted on whatsoever ground including among
others increase in cost of labor, consumables etc. Schedule of rates shall be deemed
to include and cover all costs, expenses and liabilities of every description and all risks
of every kind required to execute the work.

7.2 The quantities shown in schedule of rates are tentative in nature and for a period of
two year only.

7.3 Payment shall be made only for the actual jobs carried out, duly certified by the EIC.
GAIL does not give any guarantee regarding quantum of jobs. The decision of “EIC”
regarding operating the schedule of quantities shall be final and binding to the
contractor.

7.4. For any activity, which is not specifically covered in the SOR description, but is covered
under Special conditions of contact /Scope of work /Specification / Drawing etc., no
extra claim shall be entertained, since SOR is to be read in conjunction with other
documents forming part of the tender.
7.5 Rates are inclusive of equipment hiring cost, chemical cost, transportation cost,
lodging/boarding cost and any other cost anticipated by the Contractor.

7.6 Contractor shall submit GSTIN (GST Registration Number) invoice with GAIL’s name and
GSTIN (GAIL GST Registration Number- 09AAACG1209J3ZS) mentioned on invoice , in
triplicate along with Electronic Challan Cum Return (ECR) / Combined Challan along
with On Line Uploaded list of contract workers / members & copy of valid
comprehensive Insurance.

8.0 TERMS OF PAYMENT:

8.1 Payment shall be made as per Schedule of Rates (SOR).

8.2 Site-in-charge/Site Engineer will check 100% measurement of executed work.

8.3 EIC will further check measurements at least 15% of bill value. In case, Site-in-
Charge/Site engineer is not available, EIC will check 100% measurements of
executed work.

8.4 An officer in the department at least one level above EIC up to level of E-7, will check
measurements of 5% of bill value. In case, above mentioned higher level officer is EIC,
then he will check measurements of 20% of bill value.

8.5 Payment shall be made on job basis after submission of Inspection report / release
note. Agency shall raise their job invoice in triplicate along with the Detail of
inspection visits duly certified by EIC for man days spent on different sites/vendor’s
works.

8.6 The relevant inspection reports, test certificates, release note etc. as the case may
be, must be attached along with the invoice.

8.7 All payments shall be released within 30 days after receipt of relevant documents,
complete in all respect i.e. EPF challan, PF ECR, comprehensive insurance/ESIC copy,
salary statement/wage register, certification from bank as proof of payment of salary
for the person deployed at GAIL, PATA.

8.8 The agency shall submit a certificate indicating PAN No. along with first running bill.

8.9 No mobilization advance shall be paid.

8.10 GAIL shall be entitled to deduct income tax at source from the payment to be made
to the contractor against his bills (submitted in triplicate) in accordance with the
Indian Income Tax Rules. It shall be the liability of the contractor to bear and pay all
his expenses, all taxes, license fees, excise duties or any other dues of central, state or
any other local authorities.
8.11 Final bill along with Indemnity bond, No claim certificate & No dues Certificate shall
be submitted within 15 days of completion of contract period.

8.12 All payments shall be made through e-banking- RTGS/NEFT.

8.13 There shall not be any additional payment for idle time on account of any reason viz.,
insufficient front and delay in issue of safety work permit etc.

9.0 SPECIFIC INSTRUCTIONS TO INSPECTION AGENCY:

9.1 The Agency shall have to take adequate security measures for security of their
equipment and material. In the case of theft or loss GAIL will not be held responsible.

9.2 The jobs shall only be carried out as per call letter issued by EIC/instruction of “EIC”.

9.3 The contractor must ensure compliance of all labor laws for its representative to GAIL
PATA.

9.4 The Inspection Agency shall employ such manpower who are above 18 years of age.
Documents poof i.e. voter ID, Ration card, Driving license etc. must be shown
whenever asked. All personnel employed by the agency shall have sound health,
good character and conduct. They shall be medically fit and fully competent to
perform the work.

9.5 The Inspection Agency shall maintain first aid facility for his employees. Also any
hospitalization expenditure will have to be borne by the inspection agency.

9.6 The Inspection Agency is liable to abide by all necessary licenses / permissions from
the concerned authorities as provided under the various labour legislations.

9.7 The Inspection Agency shall be solely responsible and indemnify GAIL against all
charges dues, claim etc. arising out of the disputes relating to the dues and
employment of personnel, if any, deployed by him.

9.8 The Inspection agency will have to work strictly as per instruction of Engineer-In-
Charge and the necessary reports/inputs in connection with the work shall be
generated for information to GAIL and the action required, if any shall be taken
accordingly.

9.9 The inspection agency shall be familiar to similar type of work.

9.10 The contract at GAIL, Pata shall be executed by Contractor itself to which the
contract has been awarded.

9.11 A joint program for execution of work will be prepared by EIC. This program will take
into account the time for completion of third party inspection/quality surveillance of
supplied items, extra working time beyond the normal working hours.

9.12 Wherever it is mentioned in the specifications that the agency shall perform certain
work or provide certain facilities, it is understood that the Inspection agency shall do
 so at his own cost and the value of contract shall be deemed to have included cost
of such performance and provisions, so mentioned.

9.13 Contractor shall provide cotton cloth uniform, safety shoes and helmet to his
workmen and representative. The use of job specific Personal Protective Equipments
(PPEs) is a must for each workman & all PPEs shall be arranged by contractor.

10.0 ENTRY PASSES :

10.1 The Contractor has to apply for photo entry passes for his deployed workers & staff in
a prescribed Performa available with GAIL. The photo entry passes shall be issued by
the GAIL for a maximum period of 3 months and if extension is required by the
Contractor, he has to apply separately for extension. As a special case temporary
passes for a maximum period of one month may be issued.

10.2 Unutilized/Expired entry passes shall have to be returned immediately to GAIL.

10.3 In case of loss of any entry pass, the contractor has to lodge FIR with local police
station and inform the Engineer-in-Charge and shall have to pay Rs. 150/- against
each entry pass. The Contractor is required to keep track of all entry passes issued
and returned.

10.4 Identity card issued by the Security Section shall always be carried/ displayed by the
Contractor’s employee or person while working inside the Plant.

11.0 GATE PASSES:

To bring materials/equipment/ tools etc. inside the plant for inspection work (if &
when called for inspection/discussion at GAIL, PATA), the contractor has to produce
challan/proper documents to the GAIL/CISF Security personnel at gate. The materials
shall be checked thoroughly by the GAIL/CISF Security personnel at Gate and
recorded in their register before allowing any material to bring inside the plant by
Contractor. It is Contractor’s responsibility to see that the recorded entry No., date,
signature of owner’s authorised representative with stamp challans/supporting
documents signed by company’s personnel at gate during entry.

12.0 STANDARD CONDITIONS OF SCC: PART I

Compliances under various Labour Laws

The Contractor has to fully comply with all applicable Labour Laws and Regulations passed, modified
and notified from time to time by the Central, State and Local Government agencies/authorities.
Specific attention of the Contractor is drawn to the following obligations amongst others:
1. The Minimum Wages Act, 1948, Payment of Wages Act, 1936 and Payment of Bonus Act 1965
or The Code on Wages, 2019 (after it comes into force)

1.1. Minimum Wages:

a. During the tenure of the contract, the Contractor must ensure the payment of minimum
wages, as notified by the Central Government or State Government whichever is higher, as per
the provisions of the Minimum Wages Act, 1948 / Code on Wages, 2019 (after it comes into
force).

b. Wage period and monthly wages: Wage period shall be monthly and wages for a month shall
be calculated by multiplying daily rate of Minimum Wages by 26. The monthly wages include
the wages of the weekly days of rest as applicable to the office/establishment of GAIL.
Deduction in case of any days of absence other than weekly days of rest shall be calculated
using the following formula:

Deduction for absence = days of absence x (monthly wages / number of days in the relevant
month)

However, in case the resource has worked for less than 7 working days in a particular month,
the payment of wages is to be made as per the actual number of days worked based on
notified wage rate per day.

Illustration I (05 days per week working pattern):

Sl. Month Nos. Nos. of Nos. of Nos. of Daily Monthly Deduction Wage to
No. of weekly days days wage wage paid
days off absence present as
in the notified
month

1 Feb. 28 8 2 18 603 15678 1119.86 14558.14

2 March 31 10 5 16 603 15678 2528.71 13149.29

3 April 30 8 10 12 603 15678 5226 10452.00

4 May 31 10 - 4 603 2412 0 2412.00

Illustration II (06 days per week working pattern):

Sl. Month Nos. Nos. of Nos. of Nos. of Daily Monthly Deduction Wage to
No. of weekly days days wage wage paid
days off absence present as
in the notified
month

1 Feb. 28 4 2 22 603 15678 1119.86 14558.14

2 March 31 5 5 21 603 15678 2528.71 13149.29

3 April 30 4 10 16 603 15678 5226 10452.00

4 May 31 5 - 4 603 2412 0 2412.00

1.2. Payment of Wages:

The Contractor shall disburse monthly wages through e-banking / digital mode through
cashless transaction only, and avoid illegitimate deductions and maintain records /returns as
prescribed. The Contractor shall be solely responsible for the payment of wages and other dues
to the resources, if any, deployed by him latest by 7th day of the subsequent month as per the
provisions of the Payment of Wages Act, 1936 / as applicable under Code on Wages, 2019 (after
it comes into force) in the presence of Engineer In-charge (EIC) or authorized representative of
GAIL. After disbursement of wages, the representative of the Contractor and EIC/ authorised
representative of GAIL have to certify the payment of wages to the resources and sign the Wage
Register - Form B (under The Ease of Compliance to Maintain Registers under various Labour
Laws Rules, 2017) / FORM-I of Code on Wages, 2019 (after it comes into force) with specific seal
detailing name/designation/Company.

1.3. Payment of Bonus:

Contractor shall ensure payment of bonus as per the provisions of the Payment of Bonus Act,
1965 / Code on Wages, 2019 (after it comes into force). Present minimum rate of payment of
Bonus as per the Payment of Bonus Act, 1965 is 8.33% of minimum wages per month or 8.33%
of Rs.7,000/- per month whichever is higher. The rate shall be subject to amendments made
from time to time to the legislation.

Payment of Bonus / ex-gratia (if Bonus is not applicable) shall be made preferably before
Deepawali festival falling after the end of relevant financial year(s) and the balance payment at
the time of closure of contract.

The amount towards the payment of bonus/ex-gratia shall be released / reimbursed to the
contractor, after submission of proof of payment.

2. Leaves/ Leave with wages/ Holiday:

The Contractor shall comply with all the applicable leave Rules including leave with wages in
terms of applicable labour legislations i.e. Factories Act, 1948 / Shops & Establishment Act/
Industrial Establishment (national & festival holidays, casual & sick leave) Act, 1965.
 The Contractor shall extend the leave with wages and maintain the Register of Leave pertaining
to the resource deployed. The payment towards un-availed leave, as per the Factories Act, 1948
/ Shops & Establishment Act, shall be settled with the resource at the time of closure of the
contract or separation of resource from the contract by the contractor.

i. As per the Factories Act, 1948 (if applicable):-Annual Leave with Wages @ 01 day for every 20
days of work performed by him in the previous calendar year becomes due.
ii. As per the Shops & Establishment Act (if applicable) : Privilege Leave not less than 15 days and
Sickness/Casual Leave not less than 12 days ( this provision may vary from state to state).
iii. iii. As per the Uttar Pradesh Industrial Establishment (national holidays) Act, 1961: three
national holidays of one whole day each on the 26th January, 15th August and 2nd October).

3. The Employees’ Provident Fund & Miscellaneous Provisions Act 1952

a) The Contractor shall have independent PF code no. with the RPFC as required under the
Employees’ PF & Misc. Provisions Act, 1952.

b) The Contractor has to ensure compliance (as per prevailing rates) and extend benefits under the
Employees’ Provident Fund Scheme 1952, the Employees’ Pension Scheme 1995 & the
Employees’ Deposit Linked Insurance Scheme, 1976 to the resources deployed by him.

c) The Contractor is required to submit copies of separate e-Challans / ECR alongwith proof of
payment/receipt in respect of resources engaged through this contract only, on monthly basis.
Common challans would not be acceptable in GAIL. The Contractor should submit copies of
previous months EPF e-Challans / ECR alongwith current month’s bill. The TRRN. No. of the ECR
would be verified online from EPFO portal by the Engineer-in-charge to confirm the status of
payment and names of the resources deployed.

d) PF is mandatory irrespective of the number of resources deployed by the Contractor under this
contract. PF membership and deposit of PF contribution is also mandatory even if the wage
payment to the resource is exceeding the prescribed monthly wage ceiling ( i.e. Rs. 15,000/-)
under the Employees’ PF & Misc. Provisions Act, 1952 and in such case the liability of the
Contractor towards PF contribution shall be limited to the prescribed monthly wage ceiling
notified from time to time ( i.e. Rs. 15,000/- currently).

e) In case, the Contractor deploys any “International Worker”, the Contractor should also make
compliance under para 83 of EPF Scheme, 1952 i.r.o the “International Workers” and must
register on the International Worker Portal of EPFO.

4. The Employees’ State Insurance Act, 1948 (If applicable and as per prevailing rates)

a) The Contractor shall have his own ESI code No. allotted by Employees’ State Insurance
Corporation (ESIC) as required under the Employees’ State Insurance Act, 1948.

b) The Contractor has to arrange Smart Cards (i.e. ESI Identity Card) /e-Pehchan Card for the
resource(s) engaged by him from the Corporation.

5. The Employees’ Compensation Act 1923 (wherever applicable)

In case, the work place is out of the notified coverage area under ESIC i.e. ESIC is not
implemented in the area or in case of excluded employees under ESIC, the Contractor is required
 to take Employee Compensation / Workmen Compensation Policy from IRDAI approved
Insurance Company taking into consideration the maximum compensation liability as per
provisions of Employees’ Compensation Act, 1923. It must be ensured that the
contractor/contracting firm should extend coverage to the contract workers through Employee
Compensation Policy, to meet the Compensation Liability under Employee’s Compensation Act,
1923 along with Medi-claim Policy within the overall premium @ 3.25 % of Minimum wages (i.e.
employer contribution towards ESI).

6. Group Personal Accident Insurance Policy

The Contractor is required to take a Group Personal Accident Insurance Policy with coverage of
Rs. 3 Lakhs per resource for the entire period of contract covering all resources deployed under
the contract.

7. The Payment of Gratuity Act, 1972

In case of Death or permanent disablement of a resource during execution of work under the
contract, the Contractor has to pay the Gratuity as per the provision under the Payment of
Gratuity Act, 1972 to the nominee(s) of the resource as per the details maintained in the duly
signed Nomination Form maintained by the Contractor. The proof of disbursement may be
submitted to the EIC for claiming reimbursement of amount paid towards death Gratuity from
GAIL.

8. The Contract Labour (R&A) Act, 1970

a) The Contractor is required to obtain Labour license under the provisions of the Contract Labour
(R&A) Act, 1970 from the office of Licensing Officer, Central Labour Authority, Ministry of Labour
and Employment, Govt. of India having jurisdiction of the Region.

b) The Contractor shall discharge obligations as provided under the Contract Labour (R&A) Act,
1970 rules and regulations framed under the same and enforced from time to time.

c) The Contractor shall ensure regular and effective supervision and control over the resources
deployed for which a supervisor / representative of the Contractor should be available at all the
times for giving suitable direction for undertaking the Contractual Obligations.

d) The Contractor is solely responsible for payment of wages to each resource deployed by him and
such wages shall be paid before the expiry of such period as may be prescribed.

e) It shall be the duty of the Contractor to ensure the disbursement of wages to resource(s)
through e-banking/digital mode. In case the resource does not have a bank account, the
disbursement of wages may be made in cash in the presence of the Engineer-in-charge /
authorized representative of GAIL initially and Contractor shall simultaneously arrange for
opening the bank account of each contract labour deployed by him.

f) In case, the Contractor fails to make payment of wages and deposit of PF contribution within the
prescribed period or makes short payment of wages / short deposit of PF contribution, then
GAIL, as Principal Employer, will make payment of wages in full or the unpaid balance due, as the
case may be, to the resource(s) deployed by the Contractor and deposit the PF contribution with
PF authorities. Such amounts will be recovered from the Contractor either by deduction from
 any amount payable to the Contractor under any contract or as a debt payable by the
Contractor.

9. The contractor is required to comply with all applicable labour laws and regulations including,
but not limited to the following:

a) The Factories Act, 1948 / The Shops & Establishment Act, 1948 (which ever applicable)
b) The Maternity Benefit Act, 1961
c) The Building and Other Construction Workers (Regulation of Employment and Conditions of
Service) Act 1979 & Building and Other Construction Workers Welfare Cess Act, 1996
d) The Inter State Migrant Workmen (RECS) Act 1979 (if applicable)
e) Contract Labour (R&A) Act-1970
f) Employees’ Provident Fund & Misc. Provisions Act- 1952
g) Employees’ State Insurance Act-1948
h) Employees’ Compensation Act, 1923
i) Payment of Gratuity Act, 1972
j) Minimum of Wages Act,1948
k) The Payment of Wages Act,1936
l) The Payment of Bonus Act,1965

STANDARD CONDITIONS OF SCC: PART II

Responsibilities of the Contractor

i. The Contractor shall be solely responsible and indemnify GAIL against all charges, dues, claim
etc. arising out of the disputes relating to the dues and employment of resources, if any,
deployed by him.

ii. The Contractor shall indemnify GAIL against all losses or damages, if any, caused to it on account
of acts of the resource(s) deployed by him.

iii. The Contractor shall indemnify GAIL from all claims, demands, actions, cost and charges etc.
brought by any court, competent authority / statutory authorities against GAIL.

iv. The Contractor shall also indemnify GAIL for any action brought against him for violation, non-
compliance of any act, rules & regulation of center / state / local statutory authorities.

v. All resources deployed by the Contractor are deemed to be on the rolls of the Contractor.

vi. Age: No resource below the age of 18 years and above age of 58 years shall be deployed by the
contractor for the execution of the contract.

vii. Appointment/Nomination of supervisor:

As a part of the contract, the Contractor is required to appoint/nominate a supervisor (s) who
will supervise, control and give directions to the resource(s) for discharging the contractual
obligations. Accordingly, the Contractor has to give in writing the name and contact details of
the supervisor (s) to the EIC. A copy of the same is also to be sent to HR In-charge and Security
In-charge for records.
 viii. A copy of the Letter of Acceptance (LOA) should be submitted to the Security Department by the
Contractor / his representative or supervisor for facilitating the movement of resource(s)
including machine & materials involved in the contract.

ix. The resources to be deputed/ deployed by the Contractor shall observe all security, fire and
safety rules of GAIL while at the site/work. All existing and amended safety / fire rules of GAIL
are to be followed at the work site by the Contractor and his deployed resource(s).

x. Personal Protective Equipment / Safety Kit and Liveries: Contractor shall ensure adequate
supply of personal protective equipment / Safety Kit and Liveries as mentioned in the Scope of
Work to all such resources deployed.

xi. In case of accident, injury or death caused to the resource(s) while executing the Work under the
contract, the Contractor shall be solely responsible for payment of adequate compensation,
insurance money etc. to the next kith & kin of injured / diseased. Contractor shall indemnify
GAIL from such liabilities.

xii. The Contractor shall not deploy any resource suffering from any contagious or infectious
disease. The Contractor shall get the deployed resource(s) examined from a civil Govt. Doctor /
GAIL’s Doctor.

xiii. No resource(s) or representatives of Contractor (including Contractor) are allowed to consume

alcoholic drinks or any narcotics within the premises of GAIL (including Plant, Office and
Residential etc.). If found under the influence of above, the Contractor shall immediately replace
that resource(s) with intimation to the EIC.

xiv. While engaging / deploying the resources, the Contractor is required to make efforts to provide
opportunity of employment to resources belonging to Schedule Caste, Schedule Tribe and Other
Backward Class in order to have a fair representation of these sections of the society.

xv. While engaging the resources, the Contractor is required to make efforts to provide an
opportunity to candidates with experience of apprentice training in GAIL under the provisions
of the Apprentices Act, 1961.

xvi. The Contractor is required to maintain all Registers and other records in an office within the
premises of GAIL or at a place within a radius of three kilometers.

xvii. Contractor shall provide proper Employment cards (FORM XII) for the resource to be deployed
by him, duly signed by the Contractor or authorized person on behalf of Contractor.

xviii. Gate/ Entry Pass or Authorization:

Entry to the premises of GAIL is restricted and is subject to appropriate entry authorization in
the prescribed format of a Gate Pass or any other entry authorization w.r.t police verification as
per instruction of Security department from time to time. Similarly, entry for material/
equipment’s/ tools/ tackles etc. is restricted & subject to entry authorization by security
department.

xix. The Contractor shall issue Identity cards in his firm’s name to the resource deployed.
 xx. Discipline of the resource(s) during discharge of duties must be regulated by the Contractor
himself or by his representative.

xxi. Police verification

a) The Contractor (including his sub-Contractors/Petty Contractors etc, if allowed) will
undertake police verification in respect of the resource(s) engaged by him in GAIL’s
premises. Such verification will have to be carried out from concerned police station of their
permanent place of residence/present place of residence.
b) Further, the Contractor is advised not to deploy any resource having past criminal record in
the establishment/premises of GAIL under this contract awarded to him.
c) In the event of violation of above clauses at (a) and (b), the Contractor will be solely
responsible for the same.
d) If any such resource(s) having criminal record is deployed by the Contractor in the premises
of GAIL and has come to the notice of GAIL at any point of time, the Contractor shall
immediately replace that resource(s), failing which that particular resource(s) of the
Contractor will not be allowed to enter into the premises of GAIL.

xxii. While confirming to any of these conditions, the Contractor must ensure that all applicable
Laws of State regarding labour, their welfare, conduct etc. are complied.

STANDARD CONDITIONS OF SCC: PART III

Compliance of Government of India Directives

1. Pradhan Mantri Suraksha Bima Yojna (PMSBY) and Pradhan Mantri Jeevan Jyoti Bima Yojna
(PMJJBY)

Contractor shall, ensure that all its resources deployed under this contract have obtained
additional insurance coverage under the Pradhan Mantri Suraksha Bima Yojana (PMSBY) and
Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) through the participating banks and submit
the proof of such insurance coverage to the satisfaction of GAIL. The Contractor shall submit
evidence / proof to GAIL in this respect. Both the schemes are to be regulated continuously on
yearly basis and the same should be renewed on each successive relevant date in subsequent
years during the period of the contract.

2. Labour Identification Number (i.e. LIN) Registration (Mandatory)

The Unified Shram Suvidha Protal, developed by Government of India, facilitates reporting of
Inspections & submission of Returns and has also been envisaged as a single point of contact
between employer, resources and enforcement agencies bringing in transparency in their day-
to-day interactions. For integration of data among various enforcement Agencies, the
Contractor, as an inspectable unit, is required to register and obtain Labour Identification
Number (i.e. LIN) from Shram Suvidha Portal and submit the same in GAIL.

3. Pradhan Mantri Rojgar Protsahan Yojna (PMRPY) – if applicable

In order to support the Govt. of India’s Initiative on Employment Generation, the Contractor
must register for Pradhan Mantri Rojgar Protsahan Yojna (PMRPY) Scheme. The Contractor shall
 inform GAIL/Engineer in Charge about the benefit availed, if any, against the scheme for
adjustment against the invoice(s) / bill(s).

STANDARD CONDITIONS OF SCC: PART IV

Records and Registers

1. Maintenance of records and registers

The Contractor is required to maintain statutory records and registers for applicable labour laws
as prescribed under the following rules:
a) Ease of Compliance to Maintain Registers under the various Labour Laws, 2017
b) Rationalization of Forms and Reports under Certain Labour Laws Rules, 2017
c) Labour Codes (after they are made effective by Government of India)

2. The Contractor has to maintain the following (but not limited to) Registers/ Forms/ Reports /
Returns at all times:
a) Employee Register in FORM A ( to be replaced by FORM – IV of Code on Wages-2019 after it
comes into force)
b) Wage Register in FORM B ( to be replaced by Register of Wages, Overtime, Fine, Deduction
for damage and Loss in FORM – I of Code on Wages-2019 after it comes into force)
c) Register of Loan / Recoveries in FORM C
d) Attendance Register in FORM D
e) Register of rest/leave/leave wages in FORM E
f) Copies of Wage Slips in FORM XIX ( to be replaced by FORM – V of Code on Wages-2019,
after it comes into force)
g) Copies of Employment Card in FORM XII

3. Documents to be submitted by the Contractor to EIC at various stages during the currency of
the contract

a) Immediately after issuance/receiving of Letter of Acceptance (LOA)

1. Details as required for issuance of FORM - VII (Notice of Commencement of Work)

2. Application for issuance of FORM –III (Form of Certificate by Principal Employer ) for
obtaining Labour License from Licensing Authority for engaging 20 or more resources.
3. Copy of FORM - VI (License) before commencement of work if 20 or more resources are
engaged.
4. Copy of Provident Fund Registration Certificate issued by concerned Regional Provident
Fund Commissioner.
5. Copy of ESI Registration Certificate issued by concerned ESIC.
6. Copies Insurance Policy(ies) as mentioned at Annexure-iv
7. Copy of Labour Identification Number (i.e. LIN) Registration done in Shram Suvidha
Portal of Govt. of India.

b) At the time of submission of monthly bills

 1. Copy of Employee Register in FORM – A under The Ease of Compliance to Maintain
Registers under various Labour Laws Rules, 2017 ( to be replaced by FORM – IV (of Code
on Wages-2019, after it comes into force).
2. Copy of Wage Register in FORM – B under The Ease of Compliance to Maintain Registers
under various Labour Laws Rules, 2017 ( to be replaced by Register of Wages, Overtime,
Fine, Deduction for damage and Loss in FORM – I of Code on Wages-2019, after it comes
into force) duly certified by authorized representative of the Contractor and authorised
person in GAIL certifying as “Certified that the amount shown in the column No. ---- has
been paid to the workman concerned in my presence on------(date) at -------(place)”
along with copy of bank statement duly certified by bank as proof of Cashless
Transaction / Payment of wages through e-banking/digital mode.
3. As a part of compliance and proof of depositing Provident Fund, EDLI and ESI
contributions the Contractor shall submit copies of the Separate eChallans / ECR, bank
receipts/bank statement in respect of resources deployed in GAIL in the previous month
in this contract. The documents should also contain details of resources, PF account No.,
ESI No., contributions of resources and employer etc.
4. Dully filled in details as per Annexure- i.
5. Copy of Wage Slips in FORM XIX

c) At the time of closure of contract

1. Indemnity Bond of Rs. 100/- duly notarized from Notary indemnifying GAIL from all
liabilities w.r.t. the resource engaged by the Contractor regarding payment of wages,
Provident Fund/ESI contributions, Insurance and other statutory payments. Format for
Indemnity Bond is enclosed at Annexure- ii.
2. Copy of the Wage Register in FORM – B ( to be replaced by FORM-I of Code on Wages-
2019 after it comes into force) for the last month.
3. Copies of Service Certificates issue to resource in FORM VIII
4. Copy of the ECR related to EPF and ESIC Compliance in respect of Resource.
5. Details as required for issuance of FORM - VII (Notice of Completion of Work)
6. Copies of FORM-C & FORM –D under the Payment of Bonus Act 1965 as proof of
payment towards Bonus.
7. Copy of proof towards release of Leave Encashment
8. Copies of No Dues Certificate from contract workers stating they have received all
statutory payments and social benefits.

4. Verifications of bills and documents submitted by the Contractor

Before certifying/verifying the running/ final bill/invoice of the Contractor, the designated EIC of
the respective contract of GAIL, shall verify from the ECRs of PF/ESI, through respective web
portals, the detail/status of the payment made by the Contractor. In case the information
furnished by the Contractor is found to be incorrect, GAIL shall take appropriate action against
the Contractor under relevant conditions as available in the tender document.
 Annexure-i

Details in support of RA Bill for the Month of _____, 20__

(1) Name of the Firm/Agency/Contractor ___________________________________

(2) Nature of Contract: Job/ Service _______________________________________________
(3) Period of Contract: From _______to __________
(a) Extension Period of Contract, if any from _________to __________
(b) Place where contract workmen are working ____________________
(4) Postal address of the Contractor: _________________________________________
(5) Phone No. of the Contractor: _________________________________________
(6) Fax No. and Email of the Contractor: ___________________________________
(7) Name and Address of PF office from where EPF Code No. has been allotted:
_______________________________________________________________________
(8) EPF Code No. allotted by PF office: _________________________________________
(9) Name and Address of ESIC office from where ESI Code No. has been allotted:
_______________________________________________________________________
(10)ESI Code No. allotted by ESIC office: ___________________________________
(11)Labour License No. _______________ dated ________________
(12)Validity period of Labour License from __________to ______________
(13)Detail of Resource engaged by the Contractor:

No. of Resources Prevailing Minimum

Category
Male Female Wages
Unskilled
Semi-skilled
Skilled
Highly skilled
Total

(14) Copy of Wage Register in FORM – B ( to be replaced by FORM-I as per Code on Wages-2019,
after it comes into force)
(15)Details of deposit of contribution towards EPF:
a) EPF Challan No. _______________Amount ________________ Date____________
(16)Details of Deposition of contribution towards ESI
a) ESI Challan No. ____________Amount _____________ Date ______________
(17) Whether any arrangement / agreement has been entered with any resource for extending
benefits under Inter-state Migrant Workmen (RE&CS) Act, 1979: ____ (Yes / No)
If Yes, No. of such Inter-state Migrant Workers: ______________

SIGNATURE OF CONTRACTOR/AUTHORIZED REPRESENTATIVE

Place:

Date:

Annexure-ii
 INDEMNITY BOND

WHEREAS GAIL(India) Limited (hereinafter referred to as GAIL) which expression shall, unless
repugnant to the context include their legal representatives, successors and assigns, having their
Registered Office at 16, Bhikaiji, Cama Place, R.K. Puram, New Delhi has entered into a CONTRACT
with <name of the Contractor> Incorporated (hereinafter referred to as the (‘CONTRACTOR’) which
expression shall unless repugnant to the context include their legal representatives, successors and
assigns, having their Registered Office -------------------------------- for Rs. ------------for <NAME OF THE
CONTRACT> ---- for a period of----------------” and on the terms and conditions as set out, inter-alia in
the Letter of Acceptance No. --------------------------------and various documents forming part thereof
hereinafter collectively referred to as the ‘CONTRACT’ which expression shall include all
amendments, modifications and / or variations thereto.

GAIL has also requested the CONTRACTOR to execute an Indemnity Bond in favour of GAIL
indemnifying it from all consequences which may arise out of any Case filed by any Resources/
vendors/ sub- Contractors /partner etc. who may have been engaged by the CONTRACTOR directly
or indirectly with or without consent of GAIL for above works , which may be pending before any
court of Law including Quasi-Judicial Authority , Competent Authority, Labour Court , Arbitrator ,
Tribunal etc. and the Contractor has readily agreed for the same.

NOW, THEREFORE, in consideration of the promises aforesaid; the CONTRACTOR hereby irrevocably
and unconditionally undertakes to indemnify and keep indemnified GAIL from any loss, which may
arise out of any such contract/Case. The CONTRACTOR undertakes to compensate to GAIL forthwith,
on demand, without protest the loss suffered by GAIL together direct / indirect expenses.

AND THE CONTRACTOR hereby agrees with GAIL that:

(i) This Indemnity Bond shall remain valid and irrevocable for all claims of GAIL arising from any
such contract/case for which GAIL has been made party until now or here-in- after.

(ii) This Indemnity Bond shall not be discharged / revoked by any change / modification /
amendment / deletion in the constitution of the firm / Contractor or any conditions thereof
including insolvency etc. of the CONTRACTOR but shall be in all respects and for all purposes
binding and operative until any claims for payment are settled by the Contractor.

The undersigned has full power to execute this Indemnity Bond on behalf of the CONTRACTOR and
the same stands valid.

SIGNATURE OF CONTRACTOR/AUTHORIZED REPRESENTATIVE

Place:

Date:
 Annexure- iii

UNDERTAKING

(To be submitted along with un-priced bid)

I/We hereby undertake that I/We have completely understood the terms & conditions of the
Tender including minimum resources required to be deployed and the cost involved thereof in
deployment of resources.

I/We further undertake to ensure all compliances of the tender conditions. Any non-compliance
may be construed as deficiency in the performance of the contract. If such non-compliance is
noticed GAIL/owner is at liberty to take action in line with the tender conditions including
termination of the contract.

Signature of Bidder…………………….
Name of Bidder……………………
 Annexure - iv

Summary of Insurance Policies

Contractor is required to cover all resources deployed by him with the following insurances /
schemes:

Sl. SCHEME APPLICABILITY PREMIUM/ SUM ASSURED/ REMARKS

No. CONTRIBUTION BENEFITS
1 The Applicable to all 3.25% of wages Benefits under
Employees’ resources of the by employer the Employees’
State Insurance Contractor 0.75% of wages State Insurance
Act, 1948 (within ESI wage by employees Act, 1948.
limit) working in
notified area.
2 The Applicable to Premium to be Maximum Provides
Employees’ excluded calculated Compensation compensation
Compensation employees under considering wage Liability under and medical
Act, 1923 (in ESI and those limit under EC Employee’s facility to
lieu of ESI – who are working Act, 1923 (i.e. Rs. Compensation resources.
mentioned at in non-notified 15,000/- p.m Act, 1923 along
Sl. 1) area to extend currently) with a Mediclaim
similar benefits policy within
as available overall premium
under ESI Act, @ 3.25 % of
1948 Minimum wages
(i.e. employer
contribution
towards ESI)
3 Group personal Applicable to all Based on the Insured value: Death,
Accident resources of the coverage Rs. 3 Lakh to permanent
Insurance Contractor cover expenses disablement,
associated with temporary total
any accident. disability or any
other medical
expenses
related to
accident.
4 Pradhan Matri Eligibility – age Rs. 12/- per Accidental death and permanent
Suraksha Bima group 18 to 70 annum disability:
Yojana years (i) Permanent total disability – Rs. 2
(PMSBY) lakhs.
(ii) Permanent partial disability – Rs.
1 Lakh.
5 Pradhan Eligibility – age Rs. 330/- per Risk coverage – Rs. 2 Lakhs- in case
Mantri Jeevan group 18 to 50 annum. of death due to any reason
Jyoti Bima years. (can
Yojana(PMJJB) continue upto 55
years)