Bid Document 20120601 141907

GAIL (INDIA) LIMITED
GAIL (India) Limited (A Government of India Undertaking) A Navratna Company 16, Bhikaiji Cama Place, R. K. Puram, New Delhi 110 066
E-TENDER NO. 8000004363

(Bidding Document No. : GAIL/ND/C&P/PROJ/CDM/12-012)
BIDDING DOCUMENT FOR HIRING OF CDM CONSULTANT FOR 5 MW SOLAR PV PROJECT AT RAJASTHAN
LIMITED DOMESTIC COMPETITIVE BIDDING THROUGH E-TENDERING
Bid Document No. 8000004363
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TABLE OF CONTENTS
SL. NO. 1.0 2.0 3.0 4.0 5.0
SECTION NO. I II III IV V
DESCRIPTION INVITATION FOR BID (IFB) INSTRUCTIONS TO BIDDERS ADDENDUM TO INSTRUCTION TO BIDDERS GENERAL CONDITIONS OF CONTRACT FORMS & FORMATS PART A: SCOPE OF CONSULTANTS SERVICES PART B: PAYMENT TERMS AND OTHER IMPORTANT CONDITIONS PRICE SCHEDULE ATTACHMENTS ATTACHMENT-I : CONTRACT AGREEMENT FORM ATTACHMENT-II: PERFORMANCE EVALUATION ATTACHMENT-III: AGEREED TERMS & CONDITIONS
6.0 7.0
VI VII
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SECTION I INVITATION FOR BIDS (IFB)
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GAIL (India) Limited

(A Govt. of India Undertaking) A Navratna Company 16, Bhikaiji Cama Place, R. K. Puram, New Delhi 110 066 INVITATION FOR BID (IFB) Ref.: GAIL/ND/C&P/PROJ/CDM/12-012 Dated: 01.06.2012
Sub: Hiring of CDM Consultant for 5 MW Solar PV Project at Rajasthan Dear Sirs, GAIL (India) Limited, New Delhi, invites bids through e-tendering on Limited Domestic Competitive Bidding basis for Hiring of CDM Consultant for 5 MW Solar PV Project at Rajasthan under single stage two e-envelopes system from competent agencies meeting the Bidders Eligibility Criteria as stated in the detailed Bid Document attached. Bids, submitted on line shall only be considered for processing. 1.0 1.1 BRIEF SCOPE OF WORK GAIL (India) Limited intends to register the 5 MW Solar PV project at Rajasthan under CDM. The brief scope of services are as under: Sr. No. 1 Steps for CDM registration Scope of CDM Consultant
Project Idea Note (PIN) submission to Preparation of PIN UNFCCC Establishment of project boundaries, baseline scenario, barrier analysis Project Design Document (PDD) submission Preparation of PDD including to NCDMA (National CDM Authority) i.e. site visits and collection of MoEF (Ministry of Environment & Forests) information. for HCA (Host Country Approval) Preparation of procedure and date format for Monitoring of project for verification.
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Sr. No.
Steps for CDM registration
Scope of CDM Consultant
Assistance in getting the HCA, including addressing queries and expediting. Validation of project by DOE (Designated Assistance in getting the project Operational Entities) for validation validated including addressing queries and expediting. Registration at UNFCCC Assistance in getting the project registered including addressing queries and expediting. Verification & certification by DOE for the Conducting of pre-verification first year only including site visits. Assistance in getting the project verified & certified including addressing queries and expediting. Issuance of CERs by UNFCCC for the first Assistance in getting the CERs year only issued including addressing queries and expediting. Sale of CERs for the first year only Assistance getting the CERs sold.
1.2 2.0
The detailed scope of services shall be as per Section-V of the tender document. SALIENT FEATURES OF BIDDING DOCUMENT: (i) (ii) Type of Enquiry Bid Document/e-Tender No. : Limited Domestic Competitive Bidding basis through e-Tendering : E-Tender No. 8000004363 (Bidding Document No. GAIL/ND/C&P/PROJ/CDM/12-012) : Not applicable : : : : : Not applicable As defined in tender document. As per Clause no. 3.0 of IFB From 01.06.2012 to 29.06.2012 1100 hrs. IST on 15.06.2012 GAIL (India) Limited GAIL Bhawan Bhikaiji Cama Place, New Delhi 110 066 : 29.06.2012 up to 1400 hrs. (IST)
Tender Fee (Nonrefundable) (iv) Bid security/EMD (v) Time Schedule (vi) Bid Evaluation Criteria (vii) Bid Document on Website (viii) Date, Time & Venue of Pre-Bid Meeting
(iii)
(ix)
Bid Submission Date & Time
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Date and Time of Opening : At 1500 hrs. (IST) on 29.06.2012 of Un-priced Bids at (If the particular day happens to be a declared GAILs New Delhi Office holiday in GAIL, Delhi, the next working day shall be considered) (xi) Price Bid Opening : Public Opening; Date, Time & Venue shall be intimated later. (xii) Evaluation & Comparison : As per Clause No. 31.0 of ITB. of Bids (xiii) Contact person : GAIL (India) Limited 16, Bhikaiji Cama Place, R. K. Puram, New Delhi 110066 Shri Kunal Kumar Ghosh, Chief Manager (C&P) Ph: +91-11-26182955 Extn: 6707 Fax: +91-11-26185941 Extn: 02580 E-mail: ghosh.kunal@gail.co.in Shri Shailendra Chaurasia, Manager (C&P) Ph: +91-11-26182955 Extn: 6728 Fax: +91-11-26185941 Extn: 08140 E-mail: skchaurasia@gail.co.in 2.1 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 during the meeting. A session will also be arranged for bidders to demonstrate our e-Tendering system to facilitate bidders to submit the Bid online. If any of the days specified above happens to be a holiday in GAIL, the next working day shall be implied. 2.2 Bid is to be submitted on our E-Tendering website (https://etender.gail.co.in). Bidders shall submit their bids i.e. UN- PRICED Bid in Collaboration Folders of e- tendering system and Price Bid in SRM as attachment. We have enclosed format for Price Schedule as an excel attachment. Bidders are requested to download the same and quote their prices strictly as per the format without altering the content of it. The bid will be submitted in two parts as follows: PART- I (UN-PRICED BID) To be submitted on Collaboration Folders of e-tendering system. Documents are to be submitted in respective sub-folders as available in Collaboration Folders of etendering system.
(x)
2.3
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Complete with all technical details along with all other required documents including Price Schedule WITH PRICE BLANKED OUT, Agreed terms and conditions etc. as enclosed at Annexure to the tender document duly filled in and signed with seal. PART-II (PRICED BID To be submitted as an SRM attachment Price bid should contain only the prices, without any condition whatsoever. Bids complete in all respects should be submitted on or before due date and time of Last date of Bid submission. The Bids submitted on line in GAILs E-tendering system will only be considered for evaluation. Physical Bids sent through Fax/Email/Courier /Post will not be accepted. 3.0 3.1 BID EVALUATION CRITERIA TECHNICAL CRITERIA The bidder should have provided consulting services for atleast 10 numbers of power projects registered with UNFCCC (the host country of the projects should be India) in the last seven (07) years reckoned from the bid submission date and the bidder should have a team with adequate experience. 3.2 Evaluation Methodology
3.2.1 The bids of bidders meeting the above BEC (Technical) shall be evaluated as per the following evaluation criteria: Sr. No. 1 BEC / Parameter a) For 10 number of power projects registered with UNFCCC (the host country of all the projects should be India) b) 1% for each additional power project registered with UNFCCC (the host country of all the projects should be India) limited to 10% a) Project Manager Minimum experience of 5 years Minimum Education Qualification: B. Tech / M.Sc. b) CDM Expert Minimum experience of 3 years Minimum Education Qualification: B. Tech / M.Sc. c) Solar Power Expert Minimum experience of 3 years Minimum Education Qualification: B. Tech / M.Sc. Total Score Assigned 40% 10% 20%
15%
15%
100%
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Bids from all the bidders shall be evaluated and point shall be allocated based on the documents submitted by the bidders. Individual points given for each criteria shall be summed up to arrive at the total score / mark of each bidder. The minimum qualifying marks for the bidders as per the above evaluation methodology is 75%. Proposal of bidders meeting the minimum qualifying marks shall be considered techno-commercially acceptable for opening of their financial proposal. Decision of the owner in this regard shall be final and binding on all. Financial proposal of acceptable bidders achieving the minimum qualifying marks shall be publicly open only after technical evaluation in full conformity with provisions of the tender. After opening of financial proposals of all qualified bidders, the inter-se ranking of bidders shall be established based on the prices quoted and tender stipulations and the L1 bidder offering lowest price shall then selected / awarded the job. 3.3 Documents required For Sr. No. 1 above: The Bidder shall furnish following documents along with the bids for meeting the Sr. No.1 of evaluation criteria: Copy of the Work orders / Agreements from client for the CDM consultancy work for the corresponding qualifying projects certified by their Statutory Auditor/Chartered Accountant (if audit of account is not mandatory as per Law) (Format F-7-A / F-7-B). The UNFCCC Project Reference IDs for the corresponding qualifying projects. (Format F-7-A / F-7-B
For Sr. No. 2 above: Bidders shall submit signed copy of Bio-data of personnel. Further, bidder shall submit an undertaking from their Head of Department of HR department conforming that the above personnel / employee are on company pay roll on bid due date. The undertaking shall be certified by their Statutory Auditor/Chartered Accountant (if audit of account is not mandatory as per Law). (Format F-7-C). 4.0 5.0 5.1 5.2 5.3 CONTRACT PERIOD/ TIME SCHEDULE: As defined in SCC of tender document. GENERAL: Bid document is non-transferable GAIL will not be responsible for cost incurred in preparation and delivery of bids. Purchase preference to Central Public Sector Undertakings as admissible under the prevailing Government of India policy shall be applicable.
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5.4
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) Power of Attorney Documents for Sr. No.1 of Evaluation Criteria: Copy of the Work orders / Agreements from client for the CDM consultancy work for the corresponding qualifying projects certified by their Statutory Auditor/Chartered Accountant (if audit of account is not mandatory as per Law). (Format F-7-A / F-7-B). Documents for Sr. No.2 of Evaluation Criteria: signed copy of Bio-data of personnel. And an undertaking from their Head of Department of HR department of bidder to conforming that the personnel / employee are on company pay roll on bid due date. The undertaking shall be certified by their Statutory Auditor/Chartered Accountant (if audit of account is not mandatory as per Law). (Format F-7-C).
iii)
5.5
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. The Complete Bid document is also available on web sites of GAIL (India) Limited (http://www.gailtenders.in) and E-Tendering website (https://etender.gail.co.in) and Govt. website (http://www.tenders.gov.in & http://eprocure.gov.in). However Bidders have to submit their bids only through e-tendering. Further, the bidder has to meet the BEC criteria as specified in the bid document. GAIL reserves the right to reject any or all the bids received at its discretion without assigning any reason whatsoever. This Invitation for Bids (IFB) is an integral and inseparable part of the enclosed Bid Document. Document No.
5.6
5.7
5.8
*Please specify E-Tender No. 8000004363 (Bidding GAIL/ND/C&P/PROJ/CDM/12-012) in all future correspondence. THIS IS NOT AN ORDER Yours faithfully, For GAIL (India) Limited
Kunal Kumar Ghosh Chief Manager (C&P) Phone: 011-26172580 Ext 6707 Fax: 011-26185941 Fax extension 02580 E-mail: ghosh.kunal@gail.co.in
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DO NOT OPEN - THIS IS A QUOTATION E-Tender No. / Bid Document No. Name of Work / Item Due Date& Time From: : 8000004363 GAIL/ND/C&P/PROJ/CDM/12-012 HIRING OF CDM CONSULTANT FOR 5 MW SOLAR PV PROJECT AT RAJASTHAN Up to 1400 Hrs. (IST) on 29.06.2012 To: General Manager (C&P) GAIL (India) Limited U. G. Floor, 16, Bhikaiji Cama Place, R. K. Puram, New Delhi 110 066 (India) Ph. +91-11-26182955, Fax. +91-11-26185941 (To be pasted on the physical envelope containing Original Power of Attorney) (PART III)
: :
DO NOT OPEN - THIS IS A QUOTATION E-Tender No. / Bid Document No. Name of Work / Item Due Date& Time From: : : : 8000004363 GAIL/ND/C&P/PROJ/CDM/12-012 HIRING OF CDM CONSULTANT FOR 5 MW SOLAR PV PROJECT AT RAJASTHAN Up to 1400 Hrs. (IST) on 29.06.2012 To: General Manager (C&P) GAIL (India) Limited U. G. Floor, 16, Bhikaiji Cama Place, R. K. Puram, New Delhi 110 066 (India) Ph. +91-11-26182955, Fax. +91-11-26185941 (To be pasted on the physical envelope containing Original Documents as per evaluation criteria of BEC. (PART IV)
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SECTION II ADDENDUM TO INSTRUCTIONS TO BIDDERS READY RECKONERS FOR E-TENDERING INSTRUCTIONS TO BIDDERS (ITB)
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ADDENDUM TO INSTRUCTIONS TO BIDDERS Instructions to Bidders for Participation in e-Procurement GAIL (India) Limited, has developed a secured and user-friendly system which will enable Vendors / Bidders to search, view, download tenders directly from GAIL's secured website and also enables them to participate and submit online Bids / Offers in the e-Procurement site directly from the website in a secured and transparent manner maintaining confidentiality and security throughout the tender evaluation process and award. Bidders are requested to read following conditions in conjunction with various conditions, wherever applicable appearing with this Bid Invitation for e-Procurement. The conditions mentioned here in under shall supersede and shall prevail over the conditions enumerated elsewhere in the Bid Document. 1) HOW TO SUBMIT ON-LINE BIDS / OFFERS ELECTRONICALLY AGAINST E-PROCUREMENT TENDERS? Vendor / Bidder who wish to participate for e-tenders which are uploaded on GAIL (India) Ltd. website (https://etender.gail.co.in) should follow the following steps which shall permit them to search, display / view, download and submit their electronic Bids / Offers online in a secured manner ensuring confidentiality. Vendors / Bidders are advised to read the following instructions for participating in the electronic tenders directly through Internet: i) No late and delayed Bids / Offers after due date / time shall be permitted in eTendering system. Time being displayed on our e-Tendering System shall be final binding on bidder and bids have to be submitted by bidder(s) considering this time only and not the time as per their location / country. No bid can be submitted after the last date and time of submission has reached, however if bidder intends to change the bid already entered may change / revise the same on or before the last date and time of submission deadline. The system time (IST) that will be displayed on e-Procurement webpage shall be the time and no other time shall be taken into cognizance. Bidders are advised in their own interest to ensure that bids are uploaded in eProcurement system well before the closing date and time of bid. No bid can be modified after the dead line for submission of bids. No Manual Bids / Offers shall be permitted. The offers submitted through etendering system shall only be considered for evaluation.
ii)
iii) iv)
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2)
HOW TO SEARCH, VIEW AND DOWNLOAD E-TENDER? Vendors / Bidders must go to the e-tender website https://etender.gail.co.in and logon using their User-ID and Password. In the case of vendors not possessing the User-ID and Password, they can access through Guest Login as guest. This facilitates viewing of tenders in display mode in Collaboration folder (C-folder). If the vendor desires to download the NIT and attached e-tender at this stage, he may download the same for viewing free of cost. Note: All e-tender notices and Bid Documents are available only in soft copies such as Microsoft Word, Excel, PDF files. For downloading / viewing PDF files use Adobe 6 Software utility which can be installed free of cost from Vendors home page link by any vendor onto his own computer.
3)
PARTICIPATION IN BID, REQUEST FOR USER-ID AND PASSWORD: To participate in Bid submission, it is mandatory on the part of Vendor(s) to have UserID and Password. To obtain User-ID and Password, Vendor / Bidder must open https://etender.gail.co.in site and perform the following steps:
i) ii)
Click on button, Request User-ID (for new Bidders) Fill the online form and submit. Ensure that the email address given in the form is valid and active. If you have already been provided with the Vendor code of GAIL, please mention the 10-digit Vendor code in specified field, otherwise leave blank. Ensure that all the mandatory fields (identified with a star mark) are filled in application form for User-ID creation. E-Procurement administrator would take possible care to allot a User-ID and Password within 4 working days. An e-mail (system-generated) shall be sent to your email-ID (mentioned by you in the Registration Form) giving details of your User-ID and Password. On Receipt of User-ID, Please reset the Password immediately by logging to our e-tendering site. User-ID and passwords are unique to each vendor and the vendor can use the same to view / download / participate in all e-tenders of GAIL.
iii)
Note: Without login registration ID, vendor cannot participate in e-tender. There will be single login-ID permission for one single vendor. There can be more than one ID for the same vendor at different location address. Obtaining User-ID is an on-going process and is not linked to any particular Bid Invitation (tender). Any vendor willing to participate in GAIL tenders can obtain User Id as described above. Each vendor will get one User-ID. Vendors are
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requested to designate one officer from their organization who will submit bids online. Vendors are advised to apply for User-ID at least 7 days prior to the last date of bid submission in their own interests. User-ID shall be given within 4 days subject to condition that information furnished by the bidder is complete in all respect. GAIL shall not be responsible for any delays in allocation of User-ID/Password and the ensuing consequences including but not limited to timely submission of bids. 4) WHAT IS A DIGITAL SIGNATURE? This is a unique digital code which can be transmitted electronically and primarily identifies a unique sender. The objective of digital signature is to guarantee that the individual sending the message is who he or she really claims to be just like the written signature. The Controller of Certifying Authorities of India (CCA) has authorized certain trusted Certifying Authorities (CA) who in turn allots Digital Certificates on a regular basis. Documents which are signed digitally are legally valid documents as per the Indian IT Act (2000). 5) WHY IS A DIGITAL SIGNATURE REQUIRED? In order to bid for GAIL's e-tenders all the vendors are required to obtain a legally valid Digital Certificate as per the Indian IT Act (2000) from the licensed Certifying Authorities (CA) operating under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA) of India. 6) HOW TO OBTAIN AUTHORITY (CA)? DIGITAL CERTIFICATE FROM CERTIFYING
Vendors/Bidders cannot submit online Bids / Offers under e-tenders without obtaining valid Digital Certificate from Certifying Agency (CA). A hyperlink on Vendor / Bidder home page gives link to Controller of Certifying Agencys (CCA) website from there the bidder can access websites of various CA sites, using the links provided. One Digital Certificate is valid for specified period and can be used for signing any number of quotations against enquiries issued by GAIL during such validity period. Note: In terms of Indian IT Act 2000, only a digitally signed document will be considered as a valid signed document. The Digital Certificate is issued by CA in the name of a person authorized for filing Bids / Offers on behalf of his Company. The certificate is installed / stored in his computer or preferably received by him (his authorized person) in the form of an USB token. A Vendor / Bidder can submit their Bids / Offers online only after digitally signing the bid / documents with the above allotted Digital Signature.
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7)
STEPS FOR OBTAINING DIGITAL CERTIFICATE: Digital Certificate can be obtained by the following steps: i) ii) iii) iv) Visit the site of the licensed CA* using internet browser. Apply for a Class-3 Digital Certificate for the designated individual with the name of Organization. Ensure the Digital Certificate is legally valid in India. For making payment and submission of documents required for issue of the Digital Certificate, follow the instructions on the CA's website. Use the Class-3 Digital Certificate thus obtained for online bidding on GAIL eProcurement site.
*Links to some licensed CA's are provided below 1. http://www.ncodesolutions.com 2. http://www.safescrypt.com/ 3. http://www.tcs-ca.tcs.co.in/ 4. http://www.mtnltrustline.com/ 8) PRE-BID MEETING: Subsequent to opening of bids, GAIL may not seek clarifications. Therefore, clarifications, if any, are to be sought by the bidders during the Pre-bid Meeting. During the Pre-bid Meeting, GAIL may also arrange demonstration of the e-Procurement portal to the interested vendors. 9) 10) BID DOCUMENT FEE: Not Applicable as per Clause No. 2.0 (iii) of IFB BID SECURITY / EARNEST MONEY DEPOSIT(EMD): Not Applicable as per Clause No. 2.0 (iv) of IFB SUBMISSION OF DOCUMENTS: Bidders are required to upload all Tender forms and supporting documents which form part of the bid / tender in the e-Procurement (Collaboration, C-Folders) site only. However, documents specified to be submitted physically viz. Bid Document Fee, etc. need to be submitted in a sealed envelope in accordance with the method described in RFQ. The same should reach GAIL (India) Limited, Attn: GM (C&P-Projects), GAIL Bhavan, 16, Bhikaiji Cama Place, New Delhi 110 066, India
11)
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Bidder shall ensure that all the documents relevant to bid are uploaded in time and failure to upload the same before bid submission date is the sole responsibility of bidder. Under no circumstances, GAIL shall entertain any request for acceptance of bid documents in physical form, which were required to be uploaded in e-form. Note: (i) Bidder is required to save / store their bid documents for each item into their computers before submitting their bid into e-tendering system by pressing the Hold Button. (ii) Bidder is required to fill up prices / rates strictly in the Price Schedule / Schedule of Rates (SOR) attached with the tender.
Inadvertently, if a document is uploaded in Collaboration Folder (C-Folder) by the bidders, such document can be deleted by the Bidder and in its place a new / modified document can be uploaded. The new / modified document will be required to be signed digitally. Where two similar documents are existing in the folder, the latest version of the document shall only be taken into cognizance for evaluation and earlier versions shall be ignored. Bidders are requested to upload small sized documents preferably (up to 2 MB) at a time to facilitate easy uploading into e-Procurement site. GAIL does not take any responsibility in case of failure of the bidder to upload the documents within specified time of tender submission. 12) PRICES, OTHER DOCUMENTS AND DIGITAL SIGNATURE: The Prices are to be submitted online strictly as per the Price Schedule / Schedule of Rates (SOR). GAIL shall not be responsible for any failure on the part of the bidder to follow the instructions. Un-priced techno-commercial bid document should be placed in the private area earmarked in the C-folder. Before the bid is uploaded, the bid comprising of all attached documents should be digitally signed using digital signatures issued by an acceptable Certifying Authority (CA) in accordance with the Indian IT Act 2000. If any modifications are required to be made to a document after attaching digital signatures, the digital signature shall again be attached to the modified documents before uploading the same. The authenticity of above digital signatures shall be verified through authorized CA after bid opening and in case the digital signature is not authorized / valid, the bid will be rejected. Bidder shall be responsible for ensuring the validity of digital signatures and proper usage of the same by responsible persons who can bind the bidder. Scanned copy of Power of Attorney of the signatory issued by the bidding company should be submitted on line along with other documents as per tender conditions.
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BIDDERS SHALL OBTAIN THE DIGITAL CERTIFICATE DIRECTLY FROM CERTIFYING AUTHOIRITY (CA) ONLY AND DIGITAL CERTIFICATE ISSUED BY SUB-CA / AGENT WILL NOT BE COMPATATIBLE WITH OUR ETENDERING SYSTEM. FOREIGN BIDDERS SHALL ALSO HAVE TO OBTAIN DIGITAL CERTIFICATE FROM CERTIFYING AUTHORITIES IN INDIA AS APPROVED BY CCA. DIGITAL CERTIFICATES OBTAINED FROM FOREIGN COUNTRIES ARE NOT ACCEPTABLE. *Links to some licensed CA's in India are provided below. Foreign Bidders may obtain the Digital certificate from these CAs. 1. 2. 3. 4. 13) http://www.ncodesolutions.com http://www.safescrypt.com/ http://www.tcs-ca.tcs.co.in/ http://www.mtnltrustline.com/
PRICES: The bidder needs to enter the prices on line strictly as per the Price Schedule / Schedule of Rates (SOR) format provided in our e-Tender. No new conditions shall be added by the bidder.
14)
SUBMISSION AND OPENING OF BIDS: The bid along with all the copies of documents should be submitted in e-form only through GAIL's e-Procurement portal.
15)
LAST DATE FOR SUBMISSION / RECEIPT OF BIDS: System does not allow for submission / receipt of bids beyond the deadline for bid submission. However, if the bidder for some reason intends to change the bid already entered, he may change/revise the same on or before the last date and time of submission. The system time displayed on GAIL's e-Procurement webpage shall be final and binding on the bidders for all purposes pertaining to various events of the subject tender and no other time shall be taken into cognizance. Bidders are advised in their own interest to ensure that bids are uploaded in eProcurement system well before the closing date and time of bid. Bidders must use any computer having Windows 2000 or Windows XP versions or higher of Window operating system and an internet Web Browser version Internet explorer V6.0 or higher recommended.
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16)
PROXY: If any bidder is unable to access GAIL's e-Procurement site or Bid Documents, the bidder may please check whether they are using proxy to connect to internet or their PC is behind any firewall and may contact their system administrator to enable connectivity. Please note that Port 443 and Port 8443 should be enabled on proxy / firewall for HTTPS connectivity. Dial-up internet connectivity without Proxy settings is another option. CONTACT PERSON: Mr. Kunal Kumar Ghosh, Chief Manager (C&P); E-mail: ghosh.kunal@gail.co.in and Mr. Shailendra Kumar Chaurasia, Manager (C&P); E-mail: skchaurasia@gail.co.in
17)
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READY RECKONER FOR BIDDERS FOR E-TENDERING [The ready reckoner for bidder for e-tendering is available at GAILs e-tender site (https://etender.gail.co.in)]
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SECTION II: INSTRUCTION TO BIDDERS INDEX ARTICLE A 1. 2. 3. 4. 5. B 6. 7. 8. C 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. D 20. 21. 22. 23. E 24. 25. 26. 27. 28. 29. 30. 31. 32. F 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. TITLE General Scope of Bid Eligible Bidders One Bid per Bidder Cost of Bidding Site visit Bidding Document Contents of Bidding Document Clarification on Bid Document Amendment of Bid Document Preparation of Bid Language of Bid Documents comprising the Bid Bid prices Bid currency Period of validity of Bid Bid Security Pre Bid Meeting Format and signing of Bid Zero Deviation E-Payments Agent /Consultant/ Representative/Retainer/ Associate Submission of Bid Sealing and marking of Bids Deadline for submission of Bid Late Bid Modification and withdrawal of Bids Bid Opening and Evaluation Bid Opening Process to be confidential Contacting the Owner Examination of Bids and determination of responsiveness Correction of errors Priced Bid Opening Conversion to single currency Evaluation and comparison of Bids Purchase Preference Award of Contract Award of work Owners right to accept any Bid and to reject any Bid Notification of Award Signing of Agreement Contract Performance Bank Guarantee Corruption and fraudulent practice Waiver or transfer of the Agreement Order of Precedence Dispute Resolution Unsolicited Post Tender Modifications CENVAT / VAT Credit
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A: GENERAL 1.0 1.1 SCOPE OF BID: The Employer / Purchaser / Owner / GAIL as defined in the General Conditions of Contract, hereinafter the Employer / Purchaser / Owner / GAIL wishes to receive bids as described in the Bidding Documents. SCOPE OF WORK: The scope of work shall be as defined in the bidding document. The successful bidder will be expected to complete the Scope of work within the period stated in bid document. Throughout this bidding documents, the term bid and tender and their derivatives (bidder/tenderer, Bid/tendered/tender, bidding/tendering, etc.) are synonymous, and day means calendar day. Singular also means plural. ELIGIBLE BIDDERS: Documents establishing Bidders Qualification:
1.2 1.3
1.4
2.0 2.1
2.1.1 Bidder shall, as part of their bid, submit a written power of attorney authorizing the signatory of the bid to commit the bidder. 2.1.2 Class 3 digital signature with organization name signed bids only shall be accepted, failing which bid will be rejected. Further, only the holder of Power of Attorneys is allowed to upload the bids with his Digital Signature. 2.1.3 Pursuant to Bid Evaluation Criteria specified in Invitation for Bids (IFB) the bidder shall furnish all necessary supporting documentary evidence to establish the bidders claim of meeting the BEC. 2.1.4 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. 2.1.5 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 technical and productions capacity necessary to perform the contract. 2.2 2.3 The invitation of bid is open to any bidder. A bidder shall not be affiliated with a firm or entity:
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(i)
(ii) 2.4
that has provided consulting services related to the work to the owner 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 owner as engineer/consultant for the contract.
The bidder shall not be under a declaration of ineligibility by owner for corrupt or fraudulent practices as defined in Instruction to Bidders clause no 38.0. The bidder is not put on holiday by GAIL or any of its PMCs (EIL, MECON, Wood Group, Tractebel, Hydrocarbon Project Engineers Limited or PEC) or blacklisted by any Government Department / Public Sector on the 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. While evaluating the bids, pursuant to Bid Evaluation Criteria (BEC) as specified in the Invitation for Bids (IFB), bidders past performance shall also be assessed for ascertaining the responsiveness of the bid. In such a case, the decision of the owner shall be final and binding on the bidder. Job executed by a bidder for its own plant / projects cannot be considered as experience for the purpose of meeting 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 invoices(s) duly certified by Statutory Auditor of the bidder towards payments of statutory tax in support of the job executed for subsidiary / fellow subsidiary / holding company. Such bidders to submit these documents in addition to the documents specified in the bidding documents to meet Bid Evaluation Criteria. ONE BID PER BIDDER A bidder shall submit only one bid in the same bidding process. A bidder who submits or participates in more than one bid will cause all the proposals in which the bidder has participated to be disqualified. Alternative bids are not acceptable. BIDS FROM CONSORTIUM: NOT APPLICABLE COST OF BIDDING The bidder shall bear all costs associated with the preparation and submission of the bid, and owner, will in no case be responsible or liable for this cost, regardless of the conduct or outcome of the bidding process.
2.5
2.6
2.7
3.0 3.1
3.2 3.3 4.0 4.1
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5.0 5.1
SITE VISIT: 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. The costs of visiting the site shall be at the bidders own expense. The bidder and any of its personnel or agents will be granted permission by the owner 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 owner 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. B: BIDDING DOCUMENT
5.2
6.0 6.1
CONTENT OF BIDDING DOCUMENT The complete Bid Documents are hosted on GAILs website http://www.gailtenders.in & https://etender.gail.co.in and Govt. website (http://www.tenders.gov.in & http://eprocure.gov.in) and should be read in conjunction with any addenda / amendments issued / hosted in accordance with Clause No. 8.0 of ITB. Volume I of I Section-I Section-II Section-III Section-IV Section-V Section-VI Section-VII : : : : : : Techno- Commercial Invitation for bid (IFB) Instruction to Bidders (ITB) and Addendum to ITB General Conditions of Contract (GCC) Forms & Formats Part-A Scope of Works Part-B Special Conditions of Contract : Price Schedules/Schedule of Rates (SOR) : Attachments Attachment I : Proforma for Contract Agreement Attachment II: Performance Evaluation Attachment III: Agreed terms and conditions
6.2
The bidder is expected to examine IFB, e-bidding guidelines on GAILs website, all sections of the bid document containing instructions, forms / formats, terms, specifications, drawings, etc., enclosed in the bidding document. The complete bid document together with all its attachment thereto, shall be considered to be read, understood and accepted by the bidder. Failure to furnish all information required by the bidding document or submission of a bid not substantially responsive to the bidding document in every respect will be at bidders risk and may result in the rejection of the bid.
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7.0 7.1
CLARIFICATION ON BID DOCUMENT A prospective bidder requiring any information or clarification of the bidding documents may notify the employer in writing by e-mail / fax / post at employers mailing address indicated in the bid document. All questions / queries should be referred to Employer at least 02 (two) days before scheduled date of pre-bid meeting. The employer will respond in writing to any request for information / clarification of the bidding documents, which it receives at least 02 (two) days before the pre-bid meeting date. Written copies of employers response (including an explanation of the query but without identifying the source of the query) will be hosted on the websites; http://www.gailtenders.in & https://etender.gail.co.in and Govt. website (http://www.tenders.gov.in & http://eprocure.gov.in), before the bid due date and shall be integral part of the Bidding Documents. AMENDMENT OF BID DOCUMENT At any time prior to the deadline for submission of bids, the employer may, for any reason, whether on its own requirement or in response to a clarification requested by prospective bidders, modify the bidding documents by issuing addendum / corrigendum. Any addendum / corrigendum / clarifications / replies to queries thus issued shall be part of the bidding documents. The addendum / corrigendum / clarifications / replies to queries will be hosted on the GAIL websites http://www.gailtenders.in & https://etender.gail.co.in and Govt. website (http://www.tenders.gov.in & http://eprocure.gov.in). Any addendum / corrigendum / clarifications to bid documents shall be available on GAIL websites and Govt. websites before bid due date as and when issued and shall form integral part of bid document. Bidders have to take into consideration all the addendum(s) / corrigendum (s) / clarifications issued / replies to queries web hosted, before submitting the bid. The employer may, at its discretion, extend the date of submission of bids in order to allow the bidders a reasonable time to submit their most competitive bid taking into account all the amendments issued. C: PREPARATION OF BID
8.0 8.1
8.2
8.3
9.0 9.1
LANGUAGE OF BID The bid prepared by the bidder, all correspondence documents relating to the bid exchanged by the bidder with the owner shall be in English language alone provided that any printed literature furnished by the bidder may be written in another language so long as accompanied by an English translation, in which case, for the purpose of interpretation of the bid, the English translation shall govern. In the event of submission of any document / certificate by the bidder in a language other than English, the English translation of the same duly authenticated by Chamber of
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9.2
GAIL (INDIA) LIMITED Commerce of bidders country shall be submitted by the bidder. Metric measurement system shall be applied. 10.0 DOCUMENTS COMPRISING THE BID The bid prepared by the bidder shall comprise the following: 10.1 E-Envelope - I: Super-scribing Techno-Commercial Un-priced Bid (Part-I) Part-I : Techno-commercial / Un-priced Bid shall contain the following documents all pages of which are digitally signed by the authorised person and to be uploaded in collaboration folder and shall contain the following: (a) (b) (c) Covering letter. Bidders General Details/information as per format F-1. Power of Attorney 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. A Bid Form as per format F-2. Copies of documents as required in F-3. Copy of Price Schedule/ Schedule of Rates (i.e. with prices blanked out) mentioning Quoted / Not Quoted. Document establishing the eligibility and conformity to the Bid Documents of all Goods and services, which the bidder proposes to supply under the award. Letter of authority in favour of any one of bidders executive having authority to attend the Pre Bid Meeting, un-priced and price bid opening on specified dates and venue as per format F-4 Confirmation of no deviation as per Format F-5. Certificate as per Format F-6 for confirming the Government of India is not party of Agreement. Specific Experience and other details as called for in qualifying requirements. Copy of work order and completion certificates should be enclosed with the F-7 Current commitments strictly as per Format F-8 Any other information/ details required as per bidding documents including amendment if any. Check list duly filled in as per Format F-10. A confirmation from the bidder that the bidder and/or its subcontractor have not been put on holiday by GAIL or black listed by any government department/ public sector. Undertaking that the contents of the bidding document have not been altered or modified in case bidder has downloaded the Bid Document from GAIL website. Disclaimer filled in as per Format F-11. Declaration filled in as per Format F-12. Annexure-A: Real Time Gross Settlement (RTGS)/ National Electronic fund transfer (NEFT) Mandate Form
(d) (e) (f) (g) (h)
(i) (j) (k) (l) (m) (n) (o)
(p) (q) (r) (s)
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GAIL (INDIA) LIMITED E-Envelope - II: Price Bid Not to be Opened with Techno-Commercial Un-priced Bid (Part-II) (i) Part II: Price Bid (to be uploaded as an SRM-attachment)
10.2
10.2.1 Part II shall contain original Price Schedule / Schedule of Rates (SOR) duly filled in, digitally signed and stamped on each page. In case of any correction, the bidders shall put his signature and his stamp. 10.2.2 Bidder shall download the Price Schedule / Schedule of Rates (SOR) which is uploaded on website as an excel attachment. Bidder shall submit Price Schedule / Schedule of Rates (SOR) duly filled in and e-signed strictly as per format without altering the content of it. The duly filled Price Schedule / Schedule of Rates (SOR) shall be uploaded by bidder on web site as per e-tendering procedure. 10.3 E-Envelope III Super-scribing Power of Attorney (Part-III) in physical form with the scanned copy of same uploaded in e-bid. (ii) 10.4 Part- III: Power of Attorney
E-Envelope IV Super-scribing documents as per evaluation criteria of BEC (Part-IV) in physical form with the scanned copy of same uploaded in e-bid. (i) Part- IV: Documents as per Evaluation Criteria of BEC
11.0 11.1
BID PRICES The bidder shall e-quote bid prices on the appropriate format for Price Schedule/Schedule of Rates (SOR) enclosed as part of Bid Document. Prices shall be quoted, in the prescribed Price Schedule/Schedule of Rates (SOR) by the bidder separately for each item of scope and in strict compliance to the format of the Price Schedule/Schedule of Rates (SOR). Prices quoted should be inclusive of fees towards complete scope of work, all taxes, duties, levies, license fees, and also payment towards third party charges towards surveys etc including all taxes and duties except service tax and education cess thereupon. Rate of service tax and cess thereafter should be indicated separately in Price Schedule / Schedule of Rates (SOR). Inspection/certification of all work/services at all stages shall be done by GAIL wherever GAIL so desires or by any third agency for which no extra charges shall be payable to the bidder since all personal and incidental expenses of GAILs inspectors shall be borne by GAIL.
11.2
11.3
11.4
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11.5
Conditional discount, if offered, shall not be considered for evaluation. Bidders separation of the price components as aforesaid will be solely for the purpose of facilitating the comparison of bids by GAIL and will not in any way limit GAILs right to contract on any of the price basis/terms offered basis. The cost of any other item / services, which are considered necessary for completion of the job, is deemed to have been included in the lump-sum prices. Prices quoted by the bidder shall be firm and fixed during the bidders performance of the contract. A bid submitted with an adjustable price quotation will be treated as nonresponsive and rejected. Statutory variation in service tax, if any, within the contractual completion period shall be borne by GAIL. No variation in taxes, duties or levies other than service tax shall be payable. Prices shall be written both in words and figures. In the event of difference, the price in words shall be valid and binding.
11.6
11.7
11.8
11.9
11.10 Bidder shall be solely responsible for ascertaining all types of taxes and duties applicable for providing the services as mentioned in the scope of work. GAIL shall deduct Indian income tax applicable from the payments due to the bidder under the contract. In case of foreign bidder, withholding tax at applicable rate shall be deducted for which Tax Deduction Certificate shall be issued by GAIL. 11.11 Quoted prices shall also be inclusive of all costs towards carrying out any surveys, travel to India, site visits by its personnel, stay in India, boarding, lodging, incidental expenses etc. required for Scope of Work. 12.0 12.1 13.0 13.1 BID CURRENCY Indian bidders may submit bid in Indian Rupees only. PERIOD OF VALIDITY OF BID The bid shall remain valid for acceptance for Three (03) months from the bid due date. Owner shall reject a bid valid for a shorter period being non-responsive. The bidder shall not be entitled during the said period of 03 months, to revoke or cancel its bid or to vary the bid given or any term thereof. In exceptional circumstances, prior to expiry of the original bid validity period, the Owner may request that the bidder extend the period of validity for a specified additional period. The requests and the responses thereto shall be made in writing (by fax/post/email). A bidder agreeing to the request will not be required or permitted to modify his bid.
13.2
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14.0 15.0 15.1
BID SECURITY: NOT APPLICABLE PRE-BID MEETING The bidder (s) or his authorized representative, to whom the bid document has been issued or who have downloaded the bid document from website ( and have paid the Bid Document Fee before Pre - Bid Meeting ) are invited to attend the pre-bid meeting which will take place at GAIL (India) Ltd., GAIL Bhawan, 16, Bhikaiji Cama Place, New Delhi. Bidder shall carry Authority letter as per Format F-4 while attending above meeting. 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 owners office not later than two days before the meeting. All communication must be addressed to GAIL (India) Limited, 16, Bhikaiji Cama Place, New Delhi- 110066, India. It may not be practicable at the meeting to answer queries received late, but queries and responses/clarifications will be transmitted in accordance with the following sub-clause. 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 purchasers of the bidding documents .Any modifications of the bidding documents listed in clause 7 of Instruction to Bidders that may become necessary as a result of the pre-bid meeting shall be made by the owner exclusively through the issue of an addendum pursuant to clause 9.0 of Instruction To Bidders 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. FORMAT AND SIGNING OF BID The bidder shall submit e-bid as per Clause-2.0 of IFB on GAILs e-tender website: (https://etender.gail.co.in) as per guidelines given therein. The e-bid shall be signed by the person or persons duly authorised to sign on behalf of the bidder. The name and position held by each person signing must be stated below the signature. All pages of the bid except any catalogues / literatures shall be signed and sealed by the person or persons signing the bid. The bid shall contain no alterations, omissions or additions, unless such corrections are initialed by the person or persons signing the bid.
15.2
15.3
15.4
15.5
16.0 16.1
16.2
16.3
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17.0 17.1
ZERO DEVIATION: Bidder to note that this is a ZERO deviation bidding document. Owner will appreciate submission of offer based on the terms and conditions in the enclosed General Conditions of Contract, Instruction to Bidders, Scope of Work, and Technical Specification etc. to avoid wastage of time and money in seeking clarifications on technical / commercial aspect of the offer. Bidders bid shall be considered non-responsive and liable for rejection, if deviations are taken to the under mentioned provisions of Bid Documents by the Bidder: Firm Price Scope of Work Specifications Price Schedule / Schedule of Rates Completion Period for total scope of work Force Majeure. Payment terms & conditions. Price Reduction Schedule (PRS) for delay in completion Liability Clause Period of validity of bid Arbitration / Resolution of Dispute Termination of Contract Applicable Laws Any other condition specifically stated in the Bid Document elsewhere that noncompliance of the clause leads to rejection of the Bid.
18.0
E-PAYMENTS
18.1
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 (SBI) so that the payment through ebanking be made to the bidder, in case work is awarded to him. The bidder should give their account number and other details in any one of the above banks to facilitate payment through E-banking. However, GAIL (India) Limited has initiated payments to suppliers and Contractors electronically and to facilitate the payments electronically, the bidder should submit his account details in enclosed format to facilitate payments through e-Banking/RTGS/NEFT mode. Format for vendor bank account detail is enclosed at Annexure- A.
19.0
AGENT/CONSULTANT/REPRESENTATIVE/RETAINER/ASSOCIATE- DELETED
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D: SUBMISSION OF BID 20.0 SEALING AND MARKING OF BIDS
20.1
E-bid shall be submitted in the following manner in separate e-envelope online in etender site of GAIL as follows: Part-I Techno-commercial / Un-priced Bid Part-II Price Bid Part-III Power of Attorney in physical form with the scanned copy of same uploaded in e-bid. Part-IV Documents as per evaluation criteria of BEC in physical form with the scanned copy of same uploaded in e-bid.
20.2
Techno-Commercial Un-priced Bid (Part-I): Original bid of Technocommercial Unpriced Bid shall be submitted in Collaboration Folder of e-tender. Price Bid (Part-II): Original Price Bid shall be submitted as SRM attachment of e-tender. Power of Attorney (Part-III) in physical form: Original Power of Attorney along with one copy of the same shall be sealed in an envelope clearly super scribing Power of Attorney Original and One Copy. Scanned copy of Power of Attorney must be uploaded as part of Un-priced e-bid. Documents as per evaluation criteria of BEC (Part-IV) in physical form: Original Documents as per evaluation criteria of BEC along with one copy of the same shall be sealed in an envelope clearly super scribing Documents as per evaluation criteria of BEC Original and One Copy. Scanned copy of Documents as per evaluation criteria of BEC must be uploaded as part of Un-priced e-bid. All envelopes containing the documents in physical form required to be submitted by the bidder shall have bid Document Number and shall be addressed to contact person as mentioned in IFB. The documents i) Power of Attorney & ii) Documents as per evaluation criteria of BEC required in physical form as mentioned in IFB / ITB, can be submitted within 7 days from the final bid due date subject to the conditions that the scanned copies of the same have been loaded in e-Tender within the due date and time indicated in the e-Tender.
20.3 20.4
20.5
20.6
20.7
Bids must be received online by GAIL through their e-tendering website and other envelopes containing documents in physical forms will be received at the address mentioned in IFB. Each envelope shall indicate name and address of the bidder to enable the bid to be returned unopened, if required.
20.8
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If the envelope is not sealed and marked as above, the Employer will assume no responsibility for the misplacement or premature opening of the bid. 21.0 21.1 DEADLINE FOR SUBMISSION OF BID The bid containing Part-I to IV must be submitted online at GAIL e-tender website (https://etender.gail.co.in) within due date and time for bid submission as specified in Clause-2.0 (ix) of IFB. The Employer may, in exceptional circumstances and at its discretion, on giving reasonable notice by e-mail / fax / uploading in e-tender portal / GAIL websites or any written communication to all prospective bidders who have attended the pre-bid meeting or who have raised queries against the bidding documents, extend the deadline for the submission of bids in which case all rights and obligations of the Employer and bidders, previously subject to the original deadline will thereafter be subject to deadline as extended. LATE BIDS E-system of GAIL shall close immediately after the deadline for submission of bid prescribed by the Employer pursuant to Clause-21 of ITB. Unsolicited bids or bids being submitted in physical form /to address other than one specifically stipulated in the bid document will not be considered for opening/evaluation/award and will be returned to such bidders. MODIFICATION AND WITHDRAWAL OF BIDS The bidder may modify, re-submit or withdraw its e-bid after the bid submission, but, before the due date of submission as per provision of e-tendering system of GAIL. No bid shall be modified after the deadline for submission of bid. 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. E: BID OPENING AND EVALUATION 24.0 24.1 BID OPENING Un-Priced Techno Commercial bid opening:
21.2
22.0 22.1
22.2
23.0 23.1
23.2
24.1.1 The Employer will open, in the presence of bidders designated representatives, the Unpriced part of bid at date and time as stipulated in IFB. The bidders representatives who are present shall sign bid-opening statement evidencing their attendance.
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GAIL (INDIA) LIMITED 24.1.2 Bidders names, the presence (or absence) and amount of bid security (bid security not applicable), and any other such details as the Employer may consider appropriate will be announced by the owner. 24.1.3 The Employer will open, in the presence of bidders designated representatives, the Unpriced part of bid at date and time as stipulated in IFB. The bidders representatives who are present shall sign bid-opening statement evidencing their attendance. 25.0 25.1 PROCESS TO BE CONFIDENTIAL Information relating to the examination, clarifications, evaluation and comparison of bids, and recommendations for the award of a Contract shall not be disclosed to bidders or any other person officially concerned with such process. Any effort by a bidder to influence the Owner in any manner in respect of bid evaluation or award will result in the rejection of that bid. CONTACTING THE OWNER Subject to Clause 27, no bidder shall contact GAIL on any matter relating to its bid, from the time of bid opening to the time the contract is awarded. Any effort by a bidder to influence the owner in any manner in respect of bid evaluation or bid comparison or award may result in the rejection of the bidders bid. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS Owner will examine the bids to determine whether they are complete, whether any computational errors have been made, whether the documents have been properly signed and whether the bids are generally in order. Once quoted, bidder shall not make any subsequent price changes, whether resulting or arising out of any technical/commercial clarifications sought regarding the bid within the scope of work, even if any deviation or exclusion may be specifically stated in the bid. Such price change shall render the bid liable for rejection. All responses to request for clarifications shall be in writing. Unsolicited clarification to the Bid and/or change in price during its validity period would render the Bid liable for outright rejection. TECHNO-COMMERCIAL EVALUATION OF BIDS
26.0 26.1
26.2
27.0 27.1
27.2
27.3
27.4
27.4.1 Bids will be evaluated in accordance with the Bid Evaluation Criteria given in the bid document. The price bid of only those bidders, who meet the evaluation criteria and techno-commercial requirement and are found to be responsive shall be opened. Conditional bids shall be liable for rejection.
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27.4.2 Bids will be evaluated as received and no query will be asked from the bidders. To assist in the examination, evaluation and comparison of bids if it becomes absolutely necessary, owner may, at its discretion, ask the bidder for a clarification of its bid. The request for such clarification and the response shall be in writing and no change in the price or substance of bids shall be sought, offered or permitted. 27.4.3 Prior to the evaluation and comparison of bids pursuant to Article-32, Owner will determine the substantial responsiveness of each bid to the bidding documents. For purpose of this Article a substantially responsive bid is one which conforms to all the terms and conditions of the bidding document without material deviations or reservations. Owners determination of a bids responsiveness is to be based on the contents of the bid itself without recourse to the extrinsic evidence. 27.4.4 A bid determined as substantially non-responsive will be rejected by owner and may not subsequently be allowed by the owner to be made responsive by the bidder by correction of the non-conformity. 27.4.5 Bids not confirming to technical specification/requirements (refer Scope of Services) as mentioned in the bid document will be rejected. 27.4.6 Conditional bids will be liable for rejection. 28.0 28.1 CORRECTION OF ERRORS Bids will be checked by the owner for any arithmetic errors. Errors will be corrected by the owner as follows in the following sequential order: 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 prevail and total price will be corrected. If there is a discrepancy between the total amount and the sum of total prices, the sum of total prices shall prevail and the total bid amount will be corrected. The amount stated in the bid will be adjusted by the Owner 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. PRICE BID OPENING The owner shall inform the time, date and venue for price bid opening to all such bidders who qualify pursuant to techno-commercial bid evaluation. Bidders may be required to
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(a)
(b)
(c)
28.2
29.0 29.1
attend price bid opening at a short notice of 24 hours. Bidder shall carry authority letter as per Format F-4 while attending opening. 29.2 The Owner will open price bids of all Techno-Commercially acceptable notified to attend price bid opening in presence of authorized bidders representatives. The bidders representatives who are present shall sign bid-opening register evidencing their attendance. The bidders name, prices, and such other details as the Owner, at its discretion, may consider appropriate will be announced and recorded at the time of bid opening. CONVERSION TO SINGLE CURRENCY : DELETED EVALUATION AND COMPARISON OF BIDS Pursuant to Clause no. 27 of ITB and Clause no. 3 of IFB, prices on techno-commercially acceptable bidders will be evaluated as under: The bids shall be evaluated on the basis of total amount quoted in Price Schedule / Schedule of Rates including all taxes & duties (including Service Tax and Cess thereon). 32.0 32.1 PURCHASE PREFERENCE Purchase Preference to Central Government Public Sector Undertakings shall be allowed as per government guidelines in vogue. F: AWARD OF CONTRACT 33.0 33.1 AWARD OF WORK The owner will award the contract to the successful bidder (s) whose bid has been determined to be substantially responsive and/or have been determined as a lowest on least cost to owner and is determined to be qualified to satisfactorily perform the contract. OWNERS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY BID The owner 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 the 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 owners action.
29.3
30.0 31.0
34.0 34.1
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35.0 35.1
NOTIFICATION OF AWARD Prior to the expiration of period of bid validity GAIL will notify the successful bidder in writing by fax/e-mail to be confirmed in writing, that his bid has been accepted. The notification of award/Fax of Acceptance will constitute the formation of the contract. The contract period shall commence from the date of notification of award / Fax of Acceptance (FOA). 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 36 of Instruction To Bidders. SIGNING OF AGREEMENT After the successful bidder has been notified for acceptance of his bid, the bidder is required to execute the contract agreement within 15 days of receipt of Fax of Acceptance in the form provided in the bidding documents. The contract agreement is to be executed on the non-judicial paper of Delhi State of appropriate value (the cost of stamp paper shall be borne by the bidder). In the event of failure on the part of the successful bidder to sign the AGREEMENT within the above-stipulated period, the acceptance of the tender shall be considered as cancelled. CONTRACT PERFORMANCE BANK GUARANTEE NOT APPLICABLE CORRUPT AND FRAUDULENT PRACTICES The Owner requires that Bidders/Consultant observe the highest standard of ethics during the execution of Contract. In pursuance of this policy, the Owner defines, for the purposes of this provision, the terms set forth below as follows: i) Corrupt Practice means the offering, giving, receiving, or soliciting of anything of value to influence the action of public official in contract execution; and Fraudulent Practice means a misrepresentation of facts in order to influence the execution of a Contract to the detriment of the Owner, and includes collusive practise among bidders (prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive the Owner of the benefits of free and open competition;
35.2
35.3
36.0 36.1
36.2
37.0 38.0 38.1
ii)
38.2
The Owner will reject a proposal for award if it determines that the bidder recommended for award has engaged corrupt or fraudulent practices in competing for the Contract in question: The Owner will declare a firm ineligible for a period pursuant to GCC.
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38.3
38.4 38.5
Deleted. a) Bidder is required to furnish the complete and correct information/ documents required for evaluation of their bids. If the information/ documents forming basis of evaluation is found to be false/ forged, the same shall be considered adequate ground for rejection of the bids and forfeiture of Earnest Money Deposit. 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. In case, this issue of submission of false documents 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. Further, such bidder/ vendor / contractor shall be put on Blacklist/ Holiday list of GAIL debarring them from future business with GAIL.
b)
c)
d)
39.0 39.1
WAIVER OR TRANSFER OF THE AGREEMENT The successful bidder shall not waive the Agreement or transfer it to third parties, whether in part or in whole, nor waive any interest that is included in the Agreement without the prior written permission of the Owner. ORDER OF PRECEDENCE The articles contained in this section shall supplement to the Scope of Work and terms & conditions of contract, General Conditions of Contract. Where any portion of Scope of Works and terms & conditions of contract and General Conditions of Contract is repugnant or at variance with any provisions of Instructions to Bidders. Instructions to Bidders shall be deemed to over-ride the provision(s) of scope of work and terms & conditions of contract, and General Conditions of Contract only to the extent that such repugnancies of variations in Instructions to Bidders are not possible of being reconciled with the provisions of scope of work and terms & conditions of contract, General Conditions of Contract. UNSOLICITED POST TENDER MODIFICATIONS Bidders are advised to quote as per terms and conditions of the bidding document and not to stipulate deviations/exceptions. Once quoted, the bidder shall not make any subsequent price changes, whether resulting or arising out of any technical / commercial
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40.0 40.1
41.0 41.1
clarifications and details sought on any deviations, exceptions or stipulations mentioned in the bid unless any amendment to Bidding Document is issued by Owner. Similarly, no revision in quoted price shall be allowed should the deviations stipulated by him are not accepted by GAIL and are required to be withdrawn by him in favour of stipulation of the Bidding Document. Any unsolicited proposed price change is likely to render the bid liable for rejection. 42.0 42.1 CENVAT / VAT CREDIT Bidders shall provide required documents for availing Cenvat / VAT Credit applicable on Excise duty, CST/VAT/ LST and Service Tax as per prevailing rules.
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SECTION III GENERAL CONDITIONS OF CONTRACT
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SECTION-III: GENERAL CONDITIONS OF CONTRACT ARTICLE 3.1: DEFINITIONS AND INTERPRETATIONS In this Document, as hereunder defined, the following terms and expressions shall have the meaning hereby assigned to them except where the context otherwise requires: AGREEMENT means the agreement concluded on non-judicial stamp paper between GAIL and Consultant for Services as per this Bid document. GAIL/OWNER shall mean GAIL (India) Limited GAIL'S REPRESENTATIVE means the person appointed or authorized from time to time by GAIL for execution of the contract. CONSULTANT'S REPRESENTATIVE means the person appointed from time to time by CONSULTANT for execution of the Contract. ENGINEER-IN-CHARGE/EXECUTIVE-IN-CHARGE shall mean the person designated from time to time by the GAIL and shall include those who are expressly authorized by him to act for and on his behalf for operation of this CONTRACT. SIGN OFF means a recorded statement for completion of a milestone/major activity by Consultant as envisaged in this document and accepted by GAIL. CONTRACT shall mean Letter of Acceptance and all attached exhibits and document referred to therein and all terms and conditions thereof together with any subsequent modifications thereto. SERVICES mean the duties to be performed and the services to be rendered by Consultant according to the terms and conditions of the Contract. HEADINGS the headings appearing herein are for convenience only and shall not be taken in consideration in the interpretation or construction of the Contract. SINGULAR AND PLURAL WORDS importing the singular only also include the plural and vice-versa where the context requires. ARTICLE 3.2: PERFORMANCE OF DUTIES AND SERVICES BY CONSULTANT 3.2.1 Consultant shall perform its Services in full accordance with the terms and conditions of the Contract and any applicable local laws and regulations and shall exercise all reasonable professional skill, care and diligence in the discharge of said Project work.
Consultant shall in all professional matters act as a faithful advisor to GAIL, and will provide all the expert commercial/technical advice and skills which are normally required for the class of Services for which it is engaged. Consultant, its staff, employees shall carry out all its responsibilities in accordance with the best professional standards. Consultant shall prepare and submit documents /reports etc. in due time and in accordance with the Tender Conditions. 3.2.2 Consultant will maintain for the performance of the Contract, personnel as determined to be responsible for carrying out this job and such persons shall not be replaced or substituted without written approval of GAIL. ARTICLE 3.3: GAIL'S REPRESENTATIVE 3.3.1 GAIL shall nominate its Representative(s) who shall be entitled to act on behalf of GAIL with respect to any decision it is empowered to make. The bill / invoice of Consultant will be certified for payment by such representatives. ARTICLE 3.4: CONSULTANTS REPRESENTATIVE 3.4.1 Consultant shall nominate a qualified and experienced person as its Representative who will be the contact person between GAIL and Consultant for the performance of the Contract. This nomination shall be done within ten (10) days after the coming into force of the Contract. Consultant shall notify GAIL in writing prior to the appointment of a new representative. Consultant's Representative may be replaced only with GAIL's consent after getting approved his CVs from GAIL. GAIL shall be at liberty to object to any nomination and to require Consultant to remove Consultant's representative for good causes. Consultant shall replace immediately such person by competent substitute at no extra cost to GAIL. 3.4.2 Consultants Representative shall be entitled to act on behalf of Consultant with respect to any decisions to be made under the Contract. ARTICLE 3.5: PAYMENT TERMS 3.5.1 GAIL shall pay for the services rendered as per stipulation in the tender through EBanking only (through ICICI Bank, HDFC Bank or State Bank of India). All Bank charges of consultants Bankers shall be to the consultants account. 3.5.2 Consultant will invoice GAIL according to the terms and conditions provided in the tender.
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3.5.3 Payment terms will be as follows: 3.5.3.1 For all consultancy jobs for preparation of reports, payment terms will be as follows: 60 % on submission & acceptance of Draft report. Where outsourcing will be required, payment will be released on the basis of Milestones achieved within 60% such as submission of report for market survey, etc. The payment for such milestones will be restricted to actual payment made to outsourced agency/ies subject to 40% within 60% limit. 40% on submission & acceptance of final report.
Where EMP/EIA/RRA is involved, the 40% payment will be divided as follows:20% on submission and acceptance of final DFR/Report 20% on submission and acceptance of EMP/EIA/RRA If acceptance is not conveyed within 30 days, it will be presumed to be accepted. 3.5.3.2 For Acquisition/Due diligence consultancy cases; the payment terms will be as follows: Stages Payment (%age of lump sum price) On submission and acceptance of draft report 40% On submission and acceptance of Final report 20% by GAIL On formulation and submission of Bid 15% On negotiations, deal finalization and deal 25% execution
a) b) c) d)
If acceptance is not conveyed within 30 days, it will be presumed to be accepted. GAIL reserves the right to enter into the next Stage or terminate the contract at the completion of the previous Stage as indicated above and submission of all the deliverables pertaining to the Stage completed. In such case the payment to the Consultant shall be restricted to payments payable for the Stage completed as indicated above. 3.5.3.3 FOR PMC JOBS/ PROJECT QUALITY CONSULTANTS, payment terms shall be as follows:
- On completion of Milestones against each activity of Project as identified in the scope of work progressively based on Fortnightly invoices - After close out of Project on completion of job in all respects
95% 5%
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3.5.3.4 For Back-up Consultants for Project Monitoring and for Third Party Inspection Services, payment will be based on Man-day Rate (per diem) 3.5.4 In case of disputes concerning invoice(s), GAIL shall return said invoice(s) to Consultant within fifteen (15) days from its/their receipt specifying in writing the reasons for its / their rejection. GAIL shall pay the undisputed amount of the invoice(s) according to Article 3.5.3 hereof. The disputed amount, if any, shall be paid after mutual settlement between GAIL and Consultant. Total or partial rejection of the invoice(s) shall not release Consultant from any of its obligations under the Contract.
ARTICLE 3.6: PERFORMANCE GUARANTEE 3.6.1 Consultant shall submit to GAIL an unconditional, irrevocable and on first demand guarantee 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, other than the Nationalized Indian Banks, the banks whose BGs are furnished, must be commercial banks 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 a letter head. The value of Contract Performance Guarantee shall be 5% of contract value for the due performance of the Contract. The Contract Performance Guarantee shall be valid as per Special Conditions of Contract. The format of performance guarantee is annexed hereto. All expenses incurred in obtaining of such guarantee shall be borne by Consultant. 3.6.2 In case of extension of completion period, Consultant shall be required to extend the performance guarantee for an appropriate period of time as per contractual requirements. ARTICLE 3.7: CONFIDENTIALITY 3.7.1 Consultant/GAIL shall treat all matters in connection with the Contract as strictly confidential and undertakes not to disclose, in any way, information, documents, technical data, experience and know-how given to him by GAIL/Consultant without the prior written consent of the latter. 3.7.2 Consultant further undertakes to limit the access to confidential information to those of its employees, Implementation Partners who reasonably require the same for the proper performance of the Contract provided however that Consultant shall ensure that each of them has been informed of the confidential nature of the confidentiality and nondisclosure provided for hereof.
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ARTICLE 3.8: TAXES AND DUTIES 3.8.1 Consultant shall pay any and all taxes including service tax, duties, levies etc. which are payable in relation to the performance of the Contract. The quoted price shall be inclusive of all such taxes and duties. 3.8.2 Statutory variation in taxes (CST, LST, WCT, withholding tax, service tax etc.) and duties, if any, within the contractual completion period shall be borne by GAIL. No variation in taxes duties or levies other than statutory taxes & duties shall be payable. 3.8.3 Consultant will not claim from GAIL any taxes paid by him. 3.8.4 GAIL shall deduct Income tax at source at applicable rates. ARTICLE 3.9: RESOLUTION OF DISPUTES / ARBITRATION 3.9.1 GAIL and Consultant shall make every effort to resolve amicably by direct informal negotiations any disagreement or dispute arising between them under or in connection with the Contract. 3.9.2 All disputes, controversies, or claims between the parties (except in matters where the decision of the Executive/Engineer-in-Charge is deemed to be final and binding) which cannot be mutually resolved within a reasonable time shall be referred to Arbitration by sole arbitrator. GAIL shall suggest a panel of three independent and distinguished persons to the other party (Consultant) to select any one among them to act as the sole Arbitrator. In the event of failure of the other party to select the Sole Arbitrator within 30 days from the receipt of the communication suggesting the panel of arbitrators, the right of selection of sole Arbitrator by the other party shall stand forfeited and GAIL shall have discretion to proceed with the appointment of the sole Arbitrator. The decision of the GAIL on the appointment of Sole Arbitrator shall be final and binding on the parties. The award of the Sole Arbitrator shall be final and binding on the parties and unless directed/awarded otherwise by the Sole Arbitrator, the cost of arbitration proceedings shall be shared equally by the PARTIES. The arbitration proceeding shall be in English language and the venue shall be at New Delhi, India. Subject to the above, the provisions of (Indian) Arbitration & Conciliation Act, 1996 and the rules framed there-under shall be applicable. All matters relating to this contract are subject to the exclusive jurisdiction of the Courts situated in the State of Delhi (India). 3.9.3 Consultant may please note that the Arbitration & Conciliation Act 1996 was enacted by the Indian Parliament and is based on United Nations Commission on International Trade
Law (UNCITRAL model law), which were prepared after extensive consultation with Arbitral Institutions and centers of International Commercial Arbitration. The United Nations General Assembly vide resolution 31/98 adopted the UNCITRAL Arbitration rules on 15 December 1976. ARTICLE 3.10: LEGAL CONSTRUCTION 3.10.1 Subject to the provisions of this Article, the Contract shall be, in all respects, constructed and operated as an Indian Contract and in accordance with Indian Laws as in force for the time being and is subject to and referred to the Court of Law situated at New Delhi. ARTICLE 3.11: SUSPENSION OF THE PREFORMANCE OF DUTIES AND SERVICES 3.11.1 GAIL may suspend in whole or in part the performance of services of Consultants any time upon giving not less than fifteen (15) days notice. 3.11.2 Upon notice of suspension, Consultant shall suspend immediately the services and reduce expenditure to a minimum to be agreed upon by both the parties. 3.11.3 Upon suspension of the performance of services, Consultant shall be entitled to reimbursement of the costs which shall have been actually incurred prior to the date of such suspension. However, the total reimbursement shall be restricted to contract price. 3.11.4 By fifteen days prior notice, GAIL may request Consultant to resume the performance of the services, without any additional cost to GAIL. 3.11.5 In case of suspension of work by consultant on GAILs request for more than 10 days, demobilization and remobilization charges will be paid to consultant as per Schedule of Rates. 3.11.6 If the suspension of the duties and services exceeds six months, either party shall be entitled to terminate contract according to Article 3.16 hereunder. ARTICLE 3.12: PRICE REDUCTION SCHEDULE (PRS) 3.12.1 In case Consultant fails to complete the services within stipulated period then unless such failure is due to force majeure as defined in Article 3.19 hereinafter or due to GAILs default, there will be a reduction in contract price @ 1/2% for each week of delay or part thereof subject to maximum of 5 % of contract price. 3.12.2 GAIL may without prejudice to any methods of recovery, deduct the amount of such PRS from any money due or which may at any time become due to Consultant from its obligations and liabilities under the contract or by recovery against the Performance Bank Guarantee. Both Consultant and GAIL agree that the above percentage of price reduction are genuine pre-estimates of the loss/damage which GAIL would have suffered on account of delay/ breach on the part of Consultant and the said amount will be payable on
demand without there being any proof of the actual loss/or damage caused by such breach/delay. A decision of GAIL in the matter of applicability of price reduction shall be final and binding. ARTICLE 3.13: ASSIGNMENT 3.13.1 Consultant shall not have the right to assign or transfer the benefit and obligations of the contract or any part thereof to the third party without the prior express approval in writing of GAIL which it shall do at its discretion. However, in event of that all legal/contractual obligations shall be binding on Consultant only. ARTICLE 3.14: INDUSTRIAL AND INTELLECTUAL PROPERTY 3.14.1 In order to perform the services, Consultant must obtain at its sole account, the necessary assignments, permits and authorizations from the titleholder of the corresponding patents, models, trademarks, names or other protected rights and shall keep GAIL harmless and indemnify GAIL from and against claims, proceedings, damages, costs and expenses (including but not limited to legal costs) for and/or on account of infringements of said patents, models, trademarks names or other protected rights. 3.14.2 All documents, report, information, data etc. collected and prepared by Consultant in connection with the scope of work submitted to GAIL will be property of GAIL. 3.14.3 Consultant shall not be entitled either directly or indirectly to make use of the documents, reports given by GAIL for carrying out of any services with any third parties. 3.14.4 Consultant shall not without the prior written consent of GAIL be entitled to publish studies or descriptive article with or without illustrations or data in respect of or in connection with the performance of services. ARTICLE 3.15: LIABILITIES 3.15.1 Without prejudice to any express provision in the contract, Consultant shall be solely responsible for any delay, lack of performance, breach of agreement and/or any default under this contract. 3.15.2 Consultant shall remain liable for any damages due to its gross negligence within the next 12 months after the issuance of the provisional acceptance certificate of the contract. 3.15.3 The amount of liability will be limited to 10% of the contract value.
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ARTICLE 3.16: TERMINATION OF CONTRACT 3.16.1 Termination for Default GAIL reserves its right to terminate / short close the contract, without prejudice to any other remedy for breach of CONTRACT, by giving one month notice if Consultant fails to perform any obligation(s) under the CONTRACT and if Consultant, does not cure his failure within a period of 30 days (or such longer period as GAIL may authorise in writing) after receipt of the default notice from GAIL. 3.16.2 Termination for Insolvency GAIL may at any time terminate the CONTRACT by giving written notice without compensation to Consultant, if Consultant becomes bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to GAIL. 3.16.3 Termination for convenience GAIL may by written notice sent to consultant, terminate the contract, in whole or part, at any time for its convenience. However, the payment shall be released to the extent to which performance of work executed as determined by GAIL till the date upon which such termination becomes effective. ARTICLE 3.17: MODIFICATION Any modification of or addition to the contract shall not be binding unless made in writing and agreed by both the parties. ARTICLE 3.18: CONTRACT/AGREEMENT The notification of award along with agreement on non judicial stamp paper of appropriate value of as per proforma within 10 days from the date of receipt of FOA, the cost of stamp paper is to be borne by Consultant, and its enclosures shall constitute the contract between the parties and supersedes all other prior agreements, arrangements and communications, whether oral or written, between the parties relating to the subject matter hereof. ARTICLE 3.19: FORCE MAJEURE
Shall mean and be limited to the following: a) War/hostilities b) Riot or Civil commotion c) Earthquake, flood, tempest, lightening or other natural physical disaster. d) Restrictions imposed by the Government or other statutory bodies which prevents or delays the execution of the Contract by Consultant.
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CONSULTANT shall advise GAIL by a registered letter duly certified by the local Chamber of Commerce or statutory authorities, the beginning and end of the above causes of delay within seven (7) days of the occurrence and cessation of such Force Majeure Conditions. In the event of delay lasting over one month, if arising out of causes of Force Majeure, GAIL reserves the right to cancel the Contract and the provisions governing termination stated under Article 3.16 shall apply. For delays arising out of Force Majeure, Consultant shall not claim extension in completion date for a period exceeding the period of delay attributable to the causes of Force Majeure and neither GAIL nor Consultant shall be liable to pay extra costs provided it is mutually established that Force Majeure Conditions did actually exist. Consultant shall categorically specify the extent of Force Majeure Conditions prevalent in their works at the time of submitting their bid and whether the same have been taken into consideration or not in their quotations. In the event of any force majeure cause, Consultant or the GAIL shall not be liable for delays in performing their obligations under this order and the completion dates will be extended to Consultant without being subject to price reduction for delayed completion, as stated elsewhere. ARTICLE 3.20: RECTIFICATION PERIOD All services shall be rendered strictly in accordance with the terms and conditions stated in the Contract. No deviation from such conditions shall be made without GAILS agreement in writing which must be obtained before any work against the order is commenced. All services rendered by Consultant pursuant to the Contract (irrespective of whether engineering, design data or other information has been furnished, reviewed or approved by GAIL) are guaranteed to be of the best quality of their respective kinds. Consultant shall rectify at his own cost any mistake in assumption of any data in the study or use of wrong data or faulty study observed within twelve months of the acceptance of his report and will submit the rectified report incorporating the changes wherever applicable within 30 days of observance of mistake. ARTICLE 3.21: SUB CONTRACT Any sub contract to be made by the CONSULTANT relating to the services shall be made only to such extent and with such duly qualified specialists and entities as shall be approved in writing in advance by GAIL. Upon the request of GAIL, the consultant shall submit for GAILs prior approval, the terms of reference or any amendment thereof for such sub contractors SERVICES. Notwithstanding such approval, the consultant shall remain fully responsible for the performance of services under the CONTRACT.
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ARTICLE 3.22: NOTICES 3.22.1 Any notice given by one party to the other pursuant to the CONTRACT shall be sent in writing or by telegram or fax, telex/cable confirmed in writing. 3.22.2 A notice shall be effective when delivered or on the notices effective date, whichever is later. ARTICLE 3.23: ACQUISITION OF DATA If required, CONSULTANT shall be responsible for carrying out any surveys and acquisition of all data from necessary sources. GAIL, if requested in writing by CONSULTANT, may assist the consultant in the said acquisition by way of issue of recommendatory letters only. All requisite clearances, co-ordination, fees, charges, etc. and compliance to the local laws required for completion of the job shall be the responsibility of the CONSULTANT.
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SECTION-IV FORMS AND FORMATS
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E-Tender No.: 8000004363 Format F-1 BIDDERS GENERAL INFORMATION To GAIL (India) Limited GAIL Bhavan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi -110066 (India) 1-1 1-2 1-3 Bidder Name: Number of Years in Operation Address of Registered Office
___________________________________________ City: ______________________________________ District: ____________________________________ State: ______________________________________ PIN/ZIP :___________________________________
1-4
Operation Address (if different from above)
___________________________________________ City: ______________________________________ District: ____________________________________ State: ______________________________________ PIN/ZIP :___________________________________
1-5
Telephone Number ____________________________________________ (Country Code) (Area Code) (Telephone Number)
1-6 1-7
E-mail address Fax Number ____________________________________________ (Country Code) (Area Code) (Telephone Number)
1-8
Website
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1-9
1-10 1-11 1-12 1-13 1-14 1-15 1-16
ISO Certification, if any {If yes, please furnish details} Bid Currency Indian Rupees Bankers Name Branch Branch Code Bank Account Number Service Tax Registration No. PAN No.
Place: Date:
[Signature of Authorized Signatory of Bidder] Name: Designation: Seal:
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E-Tender No.: 8000004363 Format F-2 BID FORM To To GAIL (India) Limited GAIL Bhavan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi -110066 India Dear Sir, After examining/reviewing the Bidding Documents for Hiring of CDM Consultant for 5 MW Solar PV Project at Rajasthan including technical specifications, drawings, General and Special Conditions of Contract and Price Schedule / Schedule of Rates, etc. the receipt of which is hereby duly acknowledged, we, the undersigned, are pleased to offer to execute the whole of the Job for all specified items as per Price Schedule / Schedule of Rates in conformity with, the said Bid Documents, including Addenda Nos. ____________. We undertake, if our bid is accepted, to complete entire work as specified in the Bid Document within the completion schedule specified therein. We confirm that this bid is valid for a period of Three (3) months from the date of opening of Techno-Commercial Bid, and it shall remain binding upon us and may be accepted by any time before the expiration of that period. Until a final Contract is prepared and executed, the bid together with your written acceptance thereof in your notification of award shall constitute a binding Contract between us. We understand that Bid Document is not exhaustive and any action and activity not mentioned in Bid Documents but may be inferred to be included to meet the intend of the Bid Documents shall be deemed to be mentioned in Bid Documents unless otherwise specifically excluded and we confirm to perform for fulfillment of Agreement and completeness of the Work in all respects within the time frame and agreed price. We understand that you are not bound to accept the lowest priced or any bid that you may receive. Dated this Place: Date: Day of 200_ [Signature of Authorized Signatory of Bidder] Name: Designation: Seal:
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E-Tender No.: 8000004363 Format F-3 LIST OF ENCLOSURES To GAIL (India) Limited GAIL Bhavan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi -110066 India Dear Sir, We are enclosing the following documents as part of the bid: 1. 2. 3. 4. Power of Attorney of the signatory to the Bidding Document. Documents as per Bid Evaluation Criteria (BEC) of IFB to be submitted by bidder Methodology of execution of work Copy of Bidding Documents along with addendum/corrigendum no.. duly signed and sealed on each page, in token of confirmation that Bid Documents are considered in full while preparing the bid and in case of award, work will be executed in accordance with the provisions detailed in Bid Documents. 5. Bidder declaration that they are not under any liquidation, court receivership or similar proceedings. 6. Disclaimer: Format F-11 duly filled in. 7. Attachment III: Agreed Terms & Conditions duly filled in.
Place: Date:
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E-Tender No.: 8000004363 Format F-3A Annual Turnover DELETED
E-Tender No.: 8000004363 Format F-3B FINANCIAL SITUATION DELETED
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E-Tender No.: 8000004363 Format F-4 LETTER OF AUTHORITY (PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING AND SUBSEQUENT NEGOTIATIONS/CONFERENCES) Ref. No.: To, GAIL (India) Limited GAIL Bhavan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi -110066 (India) Dear Sir, We _____________________________________ hereby authorize following representative(s) to attend Pre Bid Meeting / un-priced bid opening / Price bid opening and for any other correspondence and communication against above Bidding Document: 1) 2) Name & Designation _______________________ Signature _________________ Name & Designation _______________________ Signature _________________ Date:
We confirm that we shall be bound by all commitments made by aforementioned authorised representatives. Yours faithfully,
Place: Date:
Note: This letter of authority should be on the letterhead of the bidder and should be signed by a person competent and having the power of attorney to bind the bidder. Not more than two persons are permitted to attend techno commercial un-priced and price bid opening. Bidders authorized executive is required to carry a copy of this authority letter while attending the Pre Bid Meeting, Un-priced bid opening and price bid opening and submit the same to GAIL.
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E-Tender No.: 8000004363 Format F-5 NO DEVIATION CONFIRMATION
To GAIL (India) Limited GAIL Bhavan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi -110066 India Dear Sir, We understand that any deviation/exception in any form may result in rejection of bid. We, therefore, certify that we have not taken any exceptions/deviations anywhere in the bid and we agree that if any deviation/exception is mentioned or noticed, our bid may be rejected.
Place: Date:
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E-Tender No.: 8000004363 Format F-6 CERTIFICATE To GAIL (India) Limited GAIL Bhavan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi -110066 India Dear Sir, If we become a successful bidder and pursuant to the provisions of the Bidding Documents award is given to us for the following certificate shall be automatically enforceable: We agree and acknowledge that the Employer is entering into the Agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Government of India is not a party to the Agreement and has no liabilities, obligations or rights there under. It is expressly understood and agreed that the Employer is authorised to enter into Agreement, solely on its own behalf under the applicable laws of India. We expressly agree, acknowledge and understand that the Employer is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Agreement. Accordingly, we hereby expressly waive, release and forego any and all actions or claims, including cross claims, VIP claims or counter claims against the Government of India arising out of the Agreement and covenants not to sue to Government of India as to any manner, claim, cause of action or things whatsoever arising of or under the Agreement.
Place: Date:
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E-Tender No.: 8000004363 Format F-7-A Page 1 of 2 FORMAT FOR CERTIFICATE FROM CHARTERED ACCOUNTANT FOR DETAILS OF SIMILAR SUPPLY OF SERVICES IN PAST SEVEN YEARS (Applicable for cases where bidders account are not audited by Statutory Auditor as per Law / Jurisdiction) Name of the Work Name, address and contact details of client P.O /W.O No. UNFCCC Project Reference ID Scope of work of Bidder Date of commencement of the project/work Date of completion of the project/work Total executed value from the project/work (Specify currency and amount) (i) Copies of Letter of awards/ Order/ Work Orders to be enclosed as per Clause no. 3.0 of IFB. The Services completed earlier than Seven years need not be indicated here. The list Services, not of similar nature need not be indicated here. Failing to comply aforementioned instructions may lead to rejection of bid.
(ii) (iii)
Place: Date:
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E-Tender No.: 8000004363 Format F-7-A Page 2 of 2 FORMAT FOR CERTIFICATION BY CHARTERED ACCOUNTANT
Certificate from the Chartered Accountant regarding Supply of Services Based on its books of accounts and other published information authenticated by it, {this is to certify that LOA/ PO/ WO No.............................................. dated ..................... was awarded to .... (Name of the Bidder) by ... (Name of Client) to execute .. (Name of Service). The Services commenced on .... (Date) and was/ is likely to be completed on . (Date, if any). It is certified that the total value of contract/order executed by .. (Name of bidder) was.................................. (Specify Currency and amount) and executed value was....................................... (Specify Currency and amount).
Name of Audit Firm/: Chartered Accountant Date:
[Signature of Authorized Signatory] Name: Designation: Seal: Membership no.
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E-Tender No.: 8000004363 Format F-7-B (Page 1 of 2) FORMAT FOR CERTIFICATE FROM STATUTORY AUDITOR FOR DETAILS OF SIMILAR SERVICES DONE DURING PAST SEVEN YEARS (Applicable in all cases where bidders accounts are audited by Statutory Auditor)
S. No Description of the Services LOA /WO No. and date Full Postal Address & phone nos. of Client. Name, designation and address of Engineer/ Officer-inCharge (for cases other than purchase) (5) UNFCCC Project Reference ID Value of Contract/Order (Specify Currency Amount) Date of Commencement of Services Scheduled Completion Time (Months)/ Date of Actual Completion Reasons for delay in execution, if any
(1)
(2)
(3)
(6)
(7)
(8)
(9)
(10)
Pl refer instruction
Place: Date:
Instructions: 1. Copies of Letter of awards/ Order/ Work Orders to be enclosed as per Clause no. 3.0 of IFB. 2. The Services completed earlier than seven years need not be indicated here. 3. The list of Services, not of similar nature need not be indicated here. Failing to comply aforementioned instructions may lead to rejection of bid. 4. Bidders are expected to provide details in respect of each Order in this Annex. The orders cited must comply with the Bid Evaluation criteria specified in Tender Document. Details provided in this section are intended to serve as a backup for information provided in Offer/ Quotation. Bidder should also refer to the Instructions below. 5. A separate sheet should be filled for each LOA/Work Order. 6. Certificate from the Bidders statutory auditors must be furnished in the format below for LOA/Work Order mentioned above (separately for each order). 7. It may be noted that in the absence above certificates, the details would be considered inadequate and could lead to the bid being considered ineligible for further evaluation.
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E-Tender No.: 8000004363 Format F-7-B (Page 2 of 2) Certificate from the Statutory Auditor regarding Supply of Good/ Works/ Services Based on its books of accounts and other published information authenticated by it, {this is to certify that LOA/ WO No.............................................. ............ dated ................ was awarded to ... (Name of the Bidder) by .. (Name of Client) to execute . (Name of Service). The Services commenced on ... (Date) and was/ is likely to be completed on . (Date, if any). It is certified that the total value of contract/order executed by ... (Name of bidder) was.............................. (Specify Currency and amount) and executed value was................................... (Specify Currency and amount).
Name of Audit Firm/: Chartered Accountant Date:
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E-Tender No.: 8000004363 Format F-7-C (Page 1 of 3) DETAILS OF KEY PERSONNEL Personnel Name Designation Qualification Date of Joining in the Organization Total years of Experience Remarks
(i) (ii)
Project Manager
CDM Expert
(iii)
Solar Power Expert
Note: Bio-data of above key personnel to be submitted in bid.
Place: Date:
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E-Tender No.: 8000004363 Format F-7-C (Page 2 of 3)
Certificate from Head of Department of HR This is to certify that following personnel/ employee are on company pay roll as on . (date): (i) (ii) (iii) (iv) . (Name & designation) (Name & designation) . (Name & designation) . (Name & designation)
Name of Audit Firm/ Chartered Accountant: Date:
[Signature of Authorized Signatory] Name: Designation: Seal:
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E-Tender No.: 8000004363 Format F-7-C (Page 3 of 3) Certificate from the Statutory Auditor regarding chartered accountant* Key Personnel/ Employee Based on its books of accounts and other published information authenticated by it, this is to certify that following personnel/employee are on company pay roll as on . (date): (i) (ii) (iii) (iv) . (Name & designation) . (Name & designation) . (Name & designation) . (Name & designation)
Name of Audit Firm/ Chartered Accountant: Date:
Note: *Bidder whose accounts are not audited by auditors as per law/jurisdiction, certification from a Chartered Accountant to be submitted.
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E-Tender No.: 8000004363 Format F-8 PRESENT COMMITMENTS OF THE BIDDER

Sr. No. Full Postal Address and phone nos. of Client & Name of Officer-in-Charge Description of the Work Date of Commencement of Work Scheduled Comp. Period Total Contractual Value %Age Comp. as on Date Expected Date of Completion Remarks
NOT APPLICABLE
Note: This list must be a full list of all type of works in hand.
Place: Date:
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E-Tender No.: 8000004363 Format F-9 DELETED
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E-Tender No.: 8000004363 Format F-10 CHECKLIST Bidders are requested to duly fill in the following checklist. This checklist gives only certain important items to facilitate the bidder to make sure that the necessary data / information as called for in the Bid Document has been submitted by them along with their offer. This, however, does not relieve the bidder of his responsibilities to make sure that his offer is otherwise complete in all respects. Please ensure compliance and tick () against following points: Sl. No. 1. Particulars Offer complete in all respects with pages in sequential order, original Bid Document including drawings, addendum (if any) Confirm that the following details have been submitted in the Un-priced part: a) Cover Letter, Letter of Submission Power of Attorney in the name of b) person(s) signing the bid Bidder's declaration that they are not c) under any liquidation, court receivership or similar proceedings. Confirmation that bidder and/or its subcontractor have not been banned or delisted by any Government or Quasi Government agencies of PSU. Further, we d) confirm that we have not been put on Holiday list of GAIL or any of its PMC (i.e. M/s EIL, MECON, Tracabel & HRC Projects, Wood Group Kenny). Bid Document Fee / copy of Bid e) Document Fee already paid. Agreed Terms & Conditions (as per f) Attachment-III) submitted duly filled in each copy of the Un-priced Bid. Consortium Agreement, in case of g) consortium bid Confirm that all forms are enclosed with the bid duly signed / digital signed by authorized person(s) Confirm that the Price Bid (in requisite formats strictly complying with the requirements) has been duly filled in for each item & signed / digitally signed. Status
2.
Not Applicable
Not Applicable
3.
4.
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Sl. No. 5.
6.
7.
8.
9.
10. 11.
Particulars Confirm that proper page nos. have been given in a sequential way in all the documents submitted along with your offer with Index. Confirm that any correction in the Un-priced part has been initialled and stamped by an authorized person. Confirm that any correction in the Priced part has been signed in full and stamped by the authorized person. Confirmation that no deviations are taken against commercial and technical specifications of the Bid Document. Confirm that annual reports for last three financial years & duly filled in Form 3A & 3B are enclosed in the offer for financial assessment. Confirm that copies of documents establishing the bidder's eligibility are enclosed. Details of local support office in India, infrastructure in India as well as International level. Bio-Data of Key personnel as per BEC, as per format provided in tender document. Further, an undertaking from our Head of Department of HR department confirming that the above personnel/ employee are on company pay roll on bid due date has been enclosed. The undertaking is certified by our Statutory Auditor/ Certified Public Account/ Chartered Accountant/ Chartered engineer.
Status
Not Applicable
12.
Place: Date:
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E-Tender No.: 8000004363 Format F-11 DISCLAIMER Bidders should ensure that bidding document is complete in all respects. In the event that the bidding document or any part thereof is mutilated or missing, the bidder shall notify GAIL immediately at the following address: GAIL (India) Limited UG Floor, 16, Bhikaiji Cama Place R.K. Puram, New Delhi - 110066 (India) Attn.: Mr. Kunal Kumar Ghosh E-mail: ghosh.kunal@gail.co.in Ph: +91-11-26182955 Extn: 6707 Fax: +91-11-26185941 Extn: 02580 In the event such written notice is not received at the aforementioned office within seven (7) days from the date of issue of the bidding document to the bidder, the bidding documents received by the bidder shall be deemed to be complete in all respects. No extension of time shall be granted under any circumstances to any bidder for submission of its bid on the grounds that the bidder did not obtain a complete set of the bidding document. GAIL makes no representation or warranty, express or implied, as to the accuracy, correctness and completeness of the information contained in the bidding documents.
Place: Date:
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E-Tender No.: 8000004363 F-12 DECLARATION
We confirm that we are not under any liquidation, court receivership or similar proceedings. We also confirm that we have not been banned or delisted by any Government or Quasi Government agencies of PSU. Further, we confirm that we have not been put on Holiday list of GAIL or any of its PMC (i.e. M/s EIL, MECON, Tracabel & HRC Projects, Wood Group Kenny and PEC). We confirm that contents of Bid Document have not been altered or modified.
Place: Date:
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E-Tender No.: 8000004363 Annexure-A Real Time Gross Settlement (RTGS)/ National Electronic fund transfer (NEFT) Mandate Form 1. 2. 3. 4. 5. Vendor/customer Name: Vendor/customer Code: Vendor /customer Address: Vendor/customer e-mail id: Particulars of bank account a) b) c) d) e) f) g) h) i) J) Name of Bank: Name of branch: Branch code: Address: Telephone number: Type of account (current/saving etc): Account Number: RTGS IFSC code of the balk branch: NEFT IFSC code of the bank branch: 9 digit MICR code:
We hereby authorize GAIL(India) Limited to release any amount due to me/us in the bank account as mentioned above. I / We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or lost because of incomplete or incorrect information, we would not hold the GAIL (India) Limited responsible ---------------------------------(Signature of vendor/ customer)
BANK CERTIFICATE We certify that ----------------------- has an Account no --------------------------- with us and we confirm that the details given above are correct as per our records. Bank stamp
Date
(Signature of authorized officer of bank)
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E-Tender No.: 8000004363 F-13 CERTIFICATE FOR NON-INVOLVEMENT OF AGENT
DELETED
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SECTION V PART-A SCOPE OF WORKS PART-B SPECIAL CONDITIONS OF CONTRACT
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SECTION V PART-A SCOPE OF WORKS
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E-Tender No.: 8000004363 PART-A SCOPE OF WORKS Sr. No. 1 Steps for CDM registration Scope of CDM Consultant
Project Idea Note (PIN) submission to Preparation of PIN Establishment of project boundaries, UNFCCC baseline scenario, barrier analysis Project Design Document (PDD) submission to NCDMA (National CDM Authority) i.e. MoEF (Ministry of Environment & Forests) for HCA (Host Country Approval) Preparation of PDD including site visits and collection of information. Preparation of procedure and date format for Monitoring of project for verification. Assistance in getting the HCA, including addressing queries and expediting.
Validation of project by DOE Assistance in getting the project validated (Designated Operational Entities) for including addressing queries and validation expediting. Registration at UNFCCC Assistance in getting the project registered including addressing queries and expediting. Conducting of including site visits. pre-verification
Verification & certification by DOE for the first year only
Assistance in getting the project verified & certified including addressing queries and expediting.
Issuance of CERs by UNFCCC for Assistance in getting the CERs issued the first year only including addressing queries and expediting. Sale of CERs for the first year only Assistance getting the CERs sold.
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E-Tender No.: 8000004363 ANNEXURE-1 Format for Bio data PASTE PHOTOGRAPH HERE 1. 2. 3. 4. 5. Name DOB Place of Birth Nationality Contact Details, Phone No., Email Mobile: Languages Know (Read, Write, Speak) Educational Qualifications Professional Qualifications Affiliations to Professional Bodies
6. 7. 8. 9.
10. Professional Experience
Organization
From
To
Years Position
Responsibilities
11. Proposed Role ( Project Manager / CDM Expert / Solar Power Expert (Ref Clause No. 3.0 of IFB) 12. Any Other Information:
(Signature)
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SECTION V PART-B SPECIAL CONDITIONS OF CONTRACT
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E-Tender No.: 8000004363 SECTION-V (PART-B) SPECIAL CONDITIONS OF CONTRACT 1.0 1.1 GENERAL The Special Condition of Contract shall be read in conjunction with the General Conditions of Contract, Schedule of Rates, Specifications and any other documents forming part of bid document, wherever the context so requires. Notwithstanding the sub-division of the documents into these separate sections and volumes, every part of each shall be deemed to be supplementary to and complementary of every other part and shall be read with and into the CONTRACT so far as it may be practicable to do so. Where any portion of the General Condition of Contract is repugnant to or at variance with any provisions of the Special Conditions of Contract, unless a different intention appears, the provisions of the Special Conditions of Contract shall be deemed to override the provisions of the General Conditions of Contract and shall to the extent of such repugnancy, or variations, prevail. In case of an irreconcilable conflict between Indian or other applicable standards, General Conditions of Contract, Special Conditions of Contract, Specifications or Price Schedule, the following shall prevail to the extent of such irreconcilable conflict in order of precedence: (i) (ii) (iii) (iv) (v) (vi) 1.4 Letter of Acceptance along with Statement of Agreed Variations. Fax of Acceptance Price Schedule / Schedule of Rates as enclosure to Letter of Acceptance. Special Conditions of Contract General Conditions of Contract Other applicable Standards
1.2
1.3
Wherever it is mentioned in the specifications that the CONSULTANT shall perform certain WORK or provide certain facilities, it is understood that the CONSULTANT shall do so at his cost and the VALUE OF CONTRACT shall be deemed to have included cost of such performance and provisions, so mentioned. The materials, design and workmanship shall satisfy the applicable relevant Indian & International Standards, the job specifications contained herein & codes referred to. Where the job specifications stipulate requirements in addition to those contained in the standard codes and specifications, these additional requirements shall also be satisfied. PRIORITY OF WORKS OWNER reserves the right to fix up priorities which will be conveyed by Engineerin-charge and the Consultant shall plan and execute work accordingly.
1.5
2.0
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3.0
ACCESSIBILITY & SECRECY OF DOCUMENTS The work is to be completed as per following schedule:
4.0
COMPLETION PERIOD & PRICE REDUCTION SCHEDULE The work is to be completed as per following schedule: Sl. Activity No. 1. Kick-off Meeting (Micro Schedule & Consultant team shall be finalized) 2. Project Idea Note (PIN) submission to UNFCCC 3. Project Design Document (PDD) submission to NCDMA (National CDM Authority) i.e. MoEF (Ministry of Environment & Forests) for HCA (Host Country Approval) 4. Validation of project by DOE (Designated Operational Entities) for validation 5. Registration at UNFCCC 6. Verification & certification by DOE 7. Issuance of CERs by UNFCCC 8. Sale of CERs Time frame 7 Days from placement of FOA. 15 Days from placement of FOA 45 Days from placement of FOA
100 Days FOA
from
placement
of
200 Days from placement of FOA 260 Days from placement of FOA 30 days of completion of first verification period. 30 days from the date of clearance from GAIL.
Activity nos. 4 to 8 are not to be carried out by the Consultant directly. Therefore for the purpose of calculating PRS, the delay towards all the above activities shall not be considered. However, Consultant is expected to provide necessary inputs / information/support for completion of all activities within the above indicated time frame. 5.0 OWNERS SCOPE Owner shall provide available information to complete the assignment and other support services during the period of Work. 6.0 DOCUMENTATION / REPORT (DELIVERABLES) (i) Consultant shall submit 2 hard copies and 1 copy in non-returnable USB pen drive of all the documentation as mentioned in the Deliverables to Scope of Work. Backup papers in support of the calculations made in the documentation.
(ii)
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7.0
TAXES, DUTIES, OCTROI, LEVIES ETC. The quoted prices shall be inclusive of all taxes, duties, octroi, levies etc. till the completion of the contract, but excluding Service Tax and Education Cess which will be payable extra at actual by GAIL.
8.0
SERVICE CONTRACT The entire work as per Scope of work, Deliverables & included in the SOR covered under this contract shall be treated as Service Contract.
9.0
PRICE SCHEDULE / SCHEDULE OF RATES The Price Schedule / Schedule of Rates (SOR) shall be read in conjunction with Special Conditions of Contract, General Conditions of Contract, technical specifications and any other document forming a part of this contract.
10.0
PAYMENT TERMS The payment terms shall be as detailed below: 100% of the invoice value shall be paid against the mile-stone achieved as per the details given hereunder, on submission of Invoice, duly certified by GAIL Engineerin-Charge within 15 days from the date of receipt of invoice. Sl. No. 1. 2. 3. 4. 5. 6. 7. 8. 9 Milestone Preparation of Project Idea Note / Project Concept Note Project Design Document Host Country Approval Validation of the Project Registration of project at UNFCCC Project pre-verification and preparation of monitoring report Assistance during verification (for first verification) Issuance of CERs by UNFCCC (for the first year) Sale of CERs (for the first year) Payment Due (%) 5% 10 % 5% 5% 15 % 15 % 15% 15% 15%
Note: The Payment Due against each Milestone shall be payable upon completion of all Deliverables in respect of the corresponding Milestone and not on pro-rata basis. Paying Authority: General Manager (F&A) M/s. GAIL (India) Limited, GAIL Bhavan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi-110066 (India)
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11.0
IRRECONCILABLE CONFLICT It will be Consultant's responsibility to bring to the notice of Engineer-in-charge any irreconcilable conflict in the contract documents before starting the work(s).
12.0
SHORT CLOSURE OF CONTRACT: Registration of the CDM project with UNFCCC is the essence of the contract. Hence, if GAIL feels at any stage (i.e. from Milestone Sr. 1 to 5) that the project cannot be processed any further for registration under UNFCCC, the contract shall be short closed. The decision of EIC shall be final and binding for the short closure of the contract. The consultant shall be paid up to the completed milestones and no payment will be liable for any incomplete milestones in progress.
13.0
GAILs OBLIGATIONS a. GAIL shall nominate a Engineer-In-Charge (EIC) duly authorized to act on behalf of GAIL on all matters related to this Work. b. GAIL shall provide relevant information with respect to the project from its own sources. c. Arrange meetings with GAILs other Consultant at mutually convenient location / date (s) to provide further data / clarifications. d. GAIL shall pay the required fees to UNFCCC, MoE&F and/or any other agency. CONSULTANTs OBLIGATIONS 1. Consultant shall collect all relevant data required for the Preparation of PDDs and for carrying out other tasks as mentioned in the Consultants Scope of Work. Consultant shall apply due rationale in using the information / data provided by GAIL for preparation of PDDs / Reports. Consultant shall attend Meetings in GAIL as requisitioned by GAIL during the tenure of the Consultancy. The Consultant will give Presentations, as and when required, especially during the kick off meeting, giving detailed methodology to be followed for the work and after completion of each milestone. Consultant shall nominate a representative who shall be the nodal person for all communication with GAIL on this Consultancy Work. The important back-up information generated by the Consultant during various stages of preparation of PDD and other reports shall be submitted to GAIL. Consultant shall clearly indicate the assumptions and formulae used in estimating the CERs.
14.0
2.
3.
4.
5.
6.
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7.
Consultant shall provide all backups for calculations and also provide soft copies of the calculations.
15.0 15.1
MODIFICATIONS TO GCC: Clause Nos. 3.5, 3.6 and 3.11.5 of General Conditions of Contract (GCC) shall not be applicable. Article 3.9 of GCC (RESOLUTION OF DISPUTES / ARBITRATION) stands modified to the extent that following shall be part of the Article 3.9.
15.2
15.2.1 GAIL (India) limited has framed the Conciliation Rules 2010 in conformity with supplementary to Part III of the Indian Arbitration and Conciliation Act 1996 for speedier cost effective and amicable settlement of dispute through conciliation. A copy of the said rules made available on GAILs website www.gailonline.com for reference. Unless otherwise specified, the matter where decision of the Engineer-in-Charges is deemed to be final and binding as provided in the agreement and the issues/ disputes which cannot be mutually resolved with a reasonable time, all disputes shall be settled in accordance with the Conciliation Rules 2010. 15.2.2 Any dispute(s)/ difference(s)/issue(s) of any kind whatsoever between/ amongst the Parties arising under/ out of/ in connection with this agreement shall be settled in accordance with the aforesaid rules. 15.2.3 In case of any dispute(s)/ difference(s)/issue(s), as mentioned above, a Party shall notify the other party (ies) in writing about such a dispute(s)/ difference(s)/issue(s) between/ amongst the Parties and that such a Party wishes to refer the dispute(s)/ difference(s)/issue(s) to Conciliation. Such Invitation for Conciliation shall contain sufficient information as to the dispute(s)/ difference(s)/issue(s) to enable the other Party (ies) to be fully informed as to the nature of the dispute(s)/ difference(s)/issue(s), the amount of monetary claim, if any, and apparent cause(s) of action. 15.2.4 Conciliation proceedings commence when the other Party (ies) accept(s) the invitation to conciliate and confirmed in writing. If the other Party (ies) reject(s) the invitation, there will be no conciliation proceedings. 15.2.5 If the Party initiating conciliation does not receive a reply within thirty days from the date on which he/she sends the invitation, or within such other period of time as specified in the invitation, he/she may elect to treat this as a rejection of the invitation to conciliate. If he/ she so elects, he/she shall inform to other Party (ies) accordingly. 15.2.6 Where Invitation for Conciliation has been furnished, the Parties shall attempt to settle such dispute(s) amicably under Part-III of the Indian arbitration and
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Conciliation Act, 1996 and GAIL (India) Limited Conciliation Rules, 2010. It would be only after exhausting the option of Conciliation as an Alternate Dispute Resolution Mechanism that the Parties hereto shall go for Arbitration as per the provisions of arbitration clause. For the purpose of this Article, the option of Conciliation shall be deemed to have been exhausted, even in case of rejection of Conciliation by any of the Parties. 15.2.7 The cost of Conciliation proceeding including but not limited to fees for Conciliator(s), Airfare, Local Transport, Accommodation, cost towards conference facility etc. shall be borne by the Parties equally. 15.2.8 The Parties shall freeze claims (s) of interest, if any, and shall not claim the same during pendency of Conciliation proceedings. The Settlement Agreement, as and when reached/ agreed upon, shall be signed between the Parties and Conciliation proceeding shall stand terminated on the date of the Settlement Agreement. 16.0 PERFORMANCE EVALUATION The performance of Consultant to whom the award is placed shall be evaluated right from submission of bid till the final completion, as per enclosed AttachmentII.
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E-Tender No.: 8000004363
SECTION VI PRICE SCHEDULE / SCHEDULE OF RATES (SOR)
Please refer SRM attachment for details To be submitted by bidder as an SRM attachment
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E-Tender No.: 8000004363 PREAMBLE TO PRICE SCHEDULE / SCHEDULE OF RATES (SOR)
A Price schedule shall be read in conjunction with General Conditions of Contract, Scope of services, Instructions To Bidders of this Bid document. i) Basis of Prices The fixed lump sum prices and other rates should be inclusive of all the charges for HIRING OF CDM CONSULTANT FOR 5 MW SOLAR PV PROJECT AT RAJASTHAN as per scope of work as defined in tender. ii) ERRORS AND OMISSIONS Bidders shall ensure that there are no errors or omissions in the Priced Bid. All the columns of the price bid are mandatory to be filled up. In case, there is no amount, 0 (zero) needs to be mentioned. In case any omissions are noticed in the Priced Bid, the Bid is liable to be rejected.
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SECTION-VII ATTACHMENTS
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ATTACHMENT - I CONTRACT PROFORMA
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CONTRACT AGREEMENT FORM AGREEMENT for _________ (hereinafter called the "Job") made on ______ day of _________, 2011 between M/s _________, hereinafter called the CONSULTANT (which term shall unless excluded by or repugnant to the subject or context include its successors and permitted assignees) of the one part and the GAIL (India) Limited hereinafter called GAIL (which term shall unless excluded by or repugnant to the subject or context include its successors and assignees) of the other part. WHEREAS GAIL being desirous of having provided for execution of certain work mentioned, enumerated or referred to in the LOA including Completion Schedule of job has called for proposal. A. The CONSULTANT has examined the Job specified in Bid Document of GAIL and has satisfied himself by careful examination before submitting his proposal as to the nature of the Job and local conditions, the nature and magnitude of the Job, the availability of manpower and materials necessary for the execution of Job and has made local and independent enquiries and obtained complete information as to the matters and thing referred to, or implied in LOA or having any connection therewith and has considered the nature and extent of all probable and possible situations, delays, hindrances or interferences to or with the execution and completion of the Job to be carried out under the Agreement, and has examined and considered all other matters, conditions and things and probable and possible contingencies, and generally all matters incidental thereto and auxiliary thereof affecting the completion of the Job and which might have included him in making his proposal. The LOA including Completion Schedule of Job and Letter of Acceptance of proposal form part of this Agreement though separately set out herein and are included in the expression Agreement wherever herein used.
B.
AND WHEREAS GAIL accepted the bid of the CONSULTANT for the provision and the execution of the said Job at the values stated in bid and finally approved by GAIL upon the terms and subject to the conditions of Agreement. NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS FOLLOWS: 1. In consideration of the payment to be made to the CONSULTANT for the Job to be executed by him the CONTRACTOR hereby covenants with GAIL that the CONSULTANT shall and will duly provide, execute and complete the said Job and shall do and perform all other acts and things in the Agreement mentioned or described or which are to be implied there from or may be reasonably necessary for the completion of the said Job and at the said times and in the manner and subject to the terms and conditions or stipulations mentioned in the Agreement. In consideration of the due provision execution and completion of the said Job, GAIL does hereby agree with the Agreement that GAIL will pay to the CONSULTANT the respective amounts for the Job actually done by him and approved
2.
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by GAIL at the amount specified in this LOA, such payment to be made at such time in such manner as provided for in the Agreement and LOA. In witness whereof the parties have executed these presents in the day and the year first above written. Signed and Delivered for and on behalf of M/s GAIL (India) Limited Date: ________________ Place: ________________ IN PRESENCE OF TWO WITNESSES 1.__________________________ 2.__________________________ 1. _____________________ 2. _____________________ Signed and Delivered for and on behalf of M/s _________________ Date: _________________ Place: _________________
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ATTACHMENT II PERFORMANCE EVALUATION
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PURPOSE OF ATTACHMENT II PERFORMANCE EVALUATION 1.1 GAIL follows a system of Performance Evaluation of vendors and contractors to monitor and ensure the timely and smooth completion of supplies, execution of contracts, and maintenance of quality standards. The basic objective is to recognize and develop reliable vendors and contractors who consistently meet or exceed expectations and requirements of GAIL with respect to timely receipt of supplies, completion of work and services and the quality specifications, standards. Vendors and contractors whose performance is not found satisfactory will be debarred from future business with GAIL. All the suppliers and contractors working with GAIL will be evaluated based on the parameters defined in the performance Rating Data Sheet as per enclosed Annexure I of attachment II. The evaluated rating may be falling in any of the following category depending upon the scoring of points in various parameters. Very good Good Fair Poor 1.4 In case, a vendor/contractor is not able to achieve a minimum scoring of 60% points in the given parameters individually and collectively for all parameters i.e. with poor rating shall be put on HOLIDAY for a period of 1 to 3 years depending upon the nature of failure on their part in performance and such venders and contractors will not be allowed to participate in business with GAIL for the Holiday period. The vendors and contractors will be blacklisted for submitting forged documents in respect of experience, turnover and any other requirements forming the basis for pre qualifying / eligibility criteria irrespective of their rating in the past. Such vendors & Contractors will be debarred from having business with GAIL in future.
1.2
1.3
1.5
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Annexure - 1 GAIL (INDIA) LIMITED PERFORMANCE RATING DATA SHEET (FOR PROJECTS/CONSULTANCY JOBS) (i) (ii) (iii) (iv) (v) (vi) Project/Work Centre Order/Contract No. & Date : :
Brief description of Items Works/Assignment : Order/Contract value (Rs.) Name of Vendor/Contractor/Consultant Contracted delivery/Completion Schedule : : : :
(vii) Actual delivery/Completion date
Performance Parameter Maximum Marks Marks Allocated (*) Remarks (if any)
Delivery/Completion Performance 40
Quality Performance 40
Reliability Performance 20
Total 100
PERFORMANCE RATING (**): Note: (*) Allocation of marks would be as per enclosed instructions (**) performance rating shall be classified as under : Sl. No. 1. 2. 3. 4. Range (Marks) 60 & below 61-75 76-90 MORE THAN 90 Rating POOR FAIR GOOD VERY GOOD
Signature of Authorised signatory with name & designation
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INSTRUCTIONS FOR ALLOCATION OF MARKS Marks are to be allocated as under: 1.1 DELIVERY/COMPLETION PERFORMANCE: Delivery Period/completion Schedule a) Up to 3 months Delay in weeks Before CDD Delay up to 4 weeks Delay up to 8 weeks Delay up to 10 weeks Delay up to 12 weeks Delay up to 16 weeks More than 16 weeks Before CDD Delay up to 4 weeks Delay up to 8 weeks Delay up to 10 weeks Delay up to 16 weeks Delay up to 20 weeks Delay up to 24 weeks More than 24 weeks 40 MARKS Marks 40 35 30 25 20 15 0 40 35 30 25 20 15 10 0 40 MARKS 40 marks 10 Marks
b) Above 3 months
1.2
QUALITY PERFORMANCE: For Normal Cases: No Defects/No Deviation/No failure: i) Rejection/Defects
ii)
Marks to be allocated on pro-rata basis for acceptable quantity as compared to total quantity for normal cases When quality failure endangers the Failure of severe nature system integration and safety of - Moderate nature the system. - low severe nature Number of deviations 1. No. deviation 2. No. of deviations <=2 3. No. of deviations >2
iii)
0 marks 5 marks 10-25 marks 5 Marks 2 marks 0 marks
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1.3
RELIABILITY PERFORMANCE: A. i) FOR WORKS / CONTRACTS
20 MARKS
Submission of order acceptance, agreement, PBG, Drawings and other documents within time ii) Mobilization of resources as per Contact and in time iii) Liquidation of Check-list points iv) Compliance to statutory and HS & E requirements Or Reliability of Estimates/Design/Drawing etc. in case of Consultancy jobs v) Timely submission of estimates and other documents for Extra, Substituted & AHR items
4 marks 4 marks 4 marks 4 marks
4 marks
B. i)
FOR SUPPLIES 5 marks 5 marks
Submission of order acceptance, PBG , Drawing and other documents within time ii) Attending complaints and requests for after Sales service/warranty repairs and/or query/advice (upto the evaluation period) iii) Response to various correspondence and conformance to standards like ISO iv) Submission of all required documents including Test Certificates at the time of supply
5 marks 5 marks
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ATTACHMENT III AGREED TERMS & CONDITIONS
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ATTACHMENT III BRIEF SUMMARY OF AGREED TERMS AND CONDITIONS Bidders Name M/s............................. Bid Document No. : 8000004363 Offer Ref................................ This Questionnaire duly filled in should be returned along with each copy of Un-priced Bid failing which Offer/Bid will not be considered for evaluation. Clauses confirmed hereunder should not be repeated in the Bid. S. No. Description Bidder's Confirmation 1 It is noted that deviations to Terms & Conditions shall lead to rejection of offer, as specified in the Bid Document. 2 Ensure and confirm that prices quoted in Price Schedules / Schedule of Rates are for complete scope of work as defined in the Bid document. 2.1 Confirm Price Schedule / Schedule of Rates are submitted duly filled in & signed in Priced Bid. 2.2 Confirm Un-priced (i.e. with prices blanked out) submitted in un-priced bid. 3 Confirm that the offer shall remain valid for acceptance up to 3 months from Final Bid Due Date/Date of Opening of Bids 4 Confirm that quoted prices shall remain firm, Fixed and valid until completion of the contract Performance. 5 Please confirm the quoted prices are in Indian Rupees only. 5.1 Currency of Quote is: 6 Confirm acceptance of Completion period as per requirement Specified in Bid Document (to be reckoned from date of Fax of Acceptance) 7 Confirm complete technical literatures/ catalogues and Users reference list submitted along with offer. 8 Confirm acceptance of Price Reduction Schedule (PRS) for delay in completion beyond contractually agreed completion schedule as specified in the Bid Document. 9 Confirm that in case of delay in completion beyond contractual completion date the invoice shall be submitted for the amount duly reduced to the extent of PRS. 10 Confirm in case of delay in completion beyond contractual completion date, any new or additional taxes and duties imposed shall be to Consultants account. 11 Confirm acceptance of relevant Terms of Payment as specified in the Bid Document. 12 Confirm acceptance in Toto of the Terms & Conditions contained in-
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a)
b)
13
14 15
Instructions to Bidders General Conditions of Contract & Special Conditions of Contract iii) Scope of work & Price Schedule/ Schedule of Rates iv) All other commercial documents/ attachments of Bid Document. All the terms & conditions have been indicated in this format (including annexure, if any) and have not been repeated in the bid elsewhere. It is noted that Terms & Conditions indicated elsewhere including any printed Terms & Conditions, shall not be considered by Owner. The bidder is required to state whether any of the Directors of bidder is a relative of any Director of Owner or the Bidder is a firm in which any Director of Owner or his relative is a partner or the Bidder is a private company in which any Director of Owner is a member or Director. All correspondence must be in English Language only. Indicate Name & Contact No. (Telephone/Fax No.) of person(s) to whom queries, if any, are to be addressed against your bid. Owner reserves the right to make any change in the terms & conditions of the Bid Document and to reject any or all bids including those received late or incomplete. Confirm that all Bank charges associated with Bidders Bank shall be borne by Bidder.
i) ii)
16
17
Signature Name Designation Office Stamp Tel No. Fax No. e-mail
________________________ ________________________ ________________________ ________________________ ________________________ ________________________ ________________________
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Bid Document 20120601 141907

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GAIL (INDIA) LIMITED

E-TENDER NO. 8000004363

LIMITED DOMESTIC COMPETITIVE BIDDING THROUGH E-TENDERING

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

SL. NO. 1.0 2.0 3.0 4.0 5.0

SECTION NO. I II III IV V

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

SECTION I INVITATION FOR BIDS (IFB)

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

GAIL (India) Limited

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Steps for CDM registration

Scope of CDM Consultant

Bid Submission Date & Time

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

3.2 3.3 4.0 4.1

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

GAIL (INDIA) LIMITED

Bid Document No. 8000004363

(d) (e) (f) (g) (h)

(i) (j) (k) (l) (m) (n) (o)

(p) (q) (r) (s)

Bid Document No. 8000004363

Bid Document No. 8000004363

_________ City: District: State: PIN/ZIP :_

_________ City: District: State: PIN/ZIP :_