Tender ID: 2026_GAIL_271389_1

GAIL (India) Limited

(A Govt. of India Undertaking)
(A Maharatna Company)

TENDER DOCUMENT FOR

SUPPLY, INSTALLATION, TESTING AND COMMISSIONING OF 5
KVA SOLAR POWER SYSTEM, 0.8 TON AC & SOLAR POWERED
SUBMERSIBLE PUMP

TENDER REF. NO. GAIL/RNC/CnP/25-64/SR-20133905

(DOMESTIC COMPETITIVE TWO-BID SYSTEM)

Issued by:
GAIL (India) Limited
(A Government of India Undertaking)
A Maharatna Company
Murma, Naya Sarai, Ranchi, Jharkhand - 835303
Ranchi, Jharkhand

Contact Details:
Name: Mayank Nirbhay, SO(C&P)
Ph.: 0651-2480017 Ext.: 384
Email: [Link]@[Link]

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Tender ID: 2026_GAIL_271389_1

CONTENT OF TENDER DOCUMENT

S.
SECTION(S) DESCRIPTION
NO.
INVITATION FOR BID (IFB)
1 SECTION-I
CUT-OUT SLIPS

BID EVALUATION CRITERIA (BEC) &

2 SECTION-II
EVALUATION METHODOLOGY

INSTRUCTION TO BIDDER(ITB) [INCLUDING

3 SECTION-III
ANNEXURES AND FORMS & FORMATS]

4 SECTION-IV GENERAL CONDTION OF CONTRACT(GCC) - WORKS

5 SECTION-V SPECIAL CONDITIONS OF CONTRACT (SCC)

6 SECTION-VI SCOPE OF WORK (SOW)

7 SECTION-VII SCHEDULE OF RATES (SOR)

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Tender ID: 2026_GAIL_271389_1

SECTION-I

INVITATION FOR BID (IFB)

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Tender ID: 2026_GAIL_271389_1

SECTION-I

"INVITATION FOR BID(IFB)”

Ref No: GAIL/RNC/CnP/25-64/SR-20133905 Date: 16-03-2026

To,

PROSPECTIVE BIDDERS

SUB: TENDER DOCUMENT FOR SUPPLY, INSTALLATION, TESTING AND

COMMISSIONING OF 5 KVA SOLAR POWER SYSTEM, 0.8 TON AC & SOLAR
POWERED SUBMERSIBLE PUMP

Dear Sir/Madam,

1.0 GAIL (India) Limited Ranchi [having registered office at 16, Bhikaji Cama Place, New
Delhi 110066 CIN No. L40200DL1984GOI018976], the largest state-owned natural gas
processing and distribution company and the Maharatna, invites bids from bidders for the
subject job/works, in complete accordance with the following details and enclosed Tender
Documents.

2.0 The brief details of the tender are as under:

SUPPLY, INSTALLATION, TESTING

AND COMMISSIONING OF 5 KVA
NAME OF WORK / BRIEF SCOPE OF
(A) SOLAR POWER SYSTEM, 0.8 TON AC &
WORK/JOB
SOLAR POWERED SUBMERSIBLE
PUMP
GAIL/RNC/CnP/25-64/
(B) TENDER NO. & DATE
SR-20133905

SINGLE BID
SYSTEM

(C) TYPE OF BIDDING SYSTEM

TWO BID
SYSTEM ✓
(Bids must be submitted only through e-Tendering
mode using GAIL‟s Portal
[Link]

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Tender ID: 2026_GAIL_271389_1

(D) TYPE OF TENDER

E-TENDER
✓
MANUAL

(E) COMPLETION/CONTRACT PERIOD Refer SCC for details.

APPLICABLE
BID SECURITY / EARNEST MONEY
(F)
DEPOSIT (EMD)
NOT APPLICABLE
✓
(Refer clause no.16 of ITB)
MSEs, Start-Ups and CPSEs (to whom
exemption is allowed as per extant guidelines in
(F1) DECLARATION FOR BID SECURITY
vogue) are required to submit Declaration for
Bid Security as per proforma at Form F-2A
On following websites:

(i) GAIL’s Tender Website –

[Link]
AVAILABILITY OF TENDER (ii) Govt. CPP Portal - [Link]
(G)
DOCUMENT ON WEBSITE(S) (iii) Govt. e-Procurement System of National
Informatics Center (GePNIC) portal [e-
tender portal]
[Link]
[in case of e-Tendering]
PRE-BID MEETING SHALL BE
CONDUCTED THROUGH MICROSOFT
TEAMS MEETING

Pre-Bid Date and Pre-Bid Venue

Time
23-03-2026 11:00 Microsoft Teams
meeting

DATE, TIME & VENUE OF PRE-BID Join:

(H) [Link]
MEETING
[Link]/meet/455152
38590483?p=e4VNPyl
FqEvOIcM4sD

Meeting ID:
455 152 385 904 83
Passcode:
Hx2zA96A

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Tender ID: 2026_GAIL_271389_1

As mentioned on Govt. e-Procurement System of

DUE DATE & TIME OF BID- National Informatics Center (GePNIC) portal [e-
(I) tender portal] against this tender id.
SUBMISSION (ON OR BEFORE)
[Link]

As mentioned on Govt. e-Procurement System of

DATE AND TIME OF UN-PRICED BID National Informatics Center (GePNIC) portal [e-
(J) tender portal] against this tender id.
OPENING
[Link]

Name : Mayank Nirbhay

CONTACT DETAILS OF TENDER Designation: SO(C&P)
(K)
DEALING OFFICER Phone No. & Extn : 0651-2480017 Ext.: 384
e-mail : [Link]@[Link]
GAIL (India) Limited, Murma, Naya Sarai,
(L) DEALING GAIL’S OFFICE ADDRESS
Ranchi, Jharkhand - 835303
In case of the days specified above happens to be a holiday in GAIL, the next working day shall
be implied.

3.0 Bids must be submitted strictly in accordance with Clause No. 11 of ITB (Section-III) depending
upon Type of Tender [refer Clause no. 2.0 (D) above]. The IFB is an integral and inseparable part
of the bidding document.

4.0 In case of E-Tender, bid must be submitted only on [Link]

Further, The following documents, in addition to uploading the documents on the portal within the Bid
Due Date & Time, shall also be submitted in original in physical form within 7 (Seven) days from the date
of un-priced bid opening failing which the bid shall be liable for rejection. The original to be submitted at
the address mentioned in Bidding Data Sheet (BDS) [Annexure-IV to Section-III]:-

i) EMD/Bid Bond
ii) Line of Credit (if applicable)
Further, GAIL reserves the right to seek in physical form (original/notarized true copy) of any
document(s) uploaded in digital form, at any time during the processing of tender and execution of
contract. In the event of failure of a bidder/vendor/contractor to submit original/notarized true copy of
any document(s) within the specified time schedule, EMD or CPS of the bidder/vendor/contractor shall
be forfeited /Bid Security Declaration clause shall be invoked.

The postal address is as mentioned below:-

Mr. Mayank Nirbhay, SO(C&P)
GAIL (India) Limited,
Murma, Naya Sarai, Ranchi, Jharkhand - 835303
Ranchi, Jharkhand

5.0 In case of Manual Tenders, bids complete in all respect should reach at the address specified in
Bid Data Sheet on or before the due date & time. Bids received after the due date and time is
liable to be rejected.

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Tender ID: 2026_GAIL_271389_1

6.0 Bidder(s) are advised to quote strictly as per terms and conditions of the tender documents and
not to stipulate any deviations/exceptions.

7.0 Any bidder, who meets the Bid Evaluation Criteria (BEC) and wishes to quote against this
Tender Document, may download the complete Tender Document alongwith its amendment(s)
if any from websites as mentioned at 2.0 (G) of IFB and submit their Bid complete in all respect
as per terms & conditions of Tender Document on or before the Due Date & Time of Bid
Submission.
8.0 Bid(s) received from bidders to whom tender/information regarding this Tender Document has
been issued as well as offers received from the bidder(s) by downloading Tender Document
from above mentioned website(s) shall be taken into consideration for evaluation & award
provided that the Bidder is found responsive subject to provisions contained in Clause No. 2 of
ITB (Section-III).

The Tender Document calls for offers on single point “Sole Bidder” responsibility basis (except
where JV/Consortium bid is allowed pursuant to clause no. 3.0 of ITB) and in total compliance
of Scope of Works as specified in Tender Document.

9.0 Any revision, clarification, corrigendum, time extension, etc. to this Tender Document will be
hosted on the above mentioned website(s) only. Bidders are requested to visit the website
regularly to keep themselves updated. In case of manual tendering,
Clarification(s)/Corrigendum(s), if any, shall be sent to the prospective bidder(s) by email/post.

10.0 All bidders including those who are not willing to submit their bid are required to submit F-6
(Acknowledgement cum Consent letter) duly filled within 7 days from date of receipt of tender
information.
11.0 SAP generated Request for Quotation (RFQ), if any shall also form an integral part of the Tender
Document.

This is not an Order.

For & on behalf of

GAIL (India) Limited

(Authorized Signatory)
Name: Mayank Nirbhay, SO(C&P)
Ph.: 0651-2480017 Ext.: 384
Email: [Link]@[Link]

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Tender ID: 2026_GAIL_271389_1

DO NOT OPEN - THIS IS A QUOTATION

Tender Document No. : ………………… …………………

Description : ………………………………………

Due Date& Time : ………………………………………..

From: To:

…………………………………… …………………………………………………

……………………………………
…………………………………………………

(To be pasted on the envelope containing Bid (in case of Manual Tendering)/ Physical
documents (in case of e-Tendering) )

=======================================

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Tender ID: 2026_GAIL_271389_1

SECTION-II

BID EVALUATION
CRITERIA & EVALUATION
METHODOLOGY

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Tender ID: 2026_GAIL_271389_1

SECTION-II

BID EVALUATION CRITERIA & EVALUATION METHODOLOGY

A. TECHNICAL BEC

The bidder(s) who intend to participate in this tender shall meet the minimum qualifying technical
requirement as per the following:

S. Technical BEC To meet the Technical BEC, Bidder must

No. submit the following documents.
1. The bidder must have successfully executed work Against documentary proof, the bidder must
order/contract for “Supply, Installation, Testing submit the following documents:
and Commissioning of Solar Power System or
Solar Powered Submersible Pump Set” of Against documentary proof, the bidder must
minimum executed value as mentioned in Table- submit the following documents:
1 below in the preceding Seven (07) years
reckoned from the final bid due date. a) Copy of complete Work order/ Letter of
Acceptance (LOA)/ Contract along with
Table-1 its Schedule of Rates (SOR) & Scope of
At least 3 Order/ Contracts of 3.78 Lakhs Work (SOW) issued by the End User /
each of minimum Executed Owner/ Authorized Consultant of End User
value (Rs.) or Owner.
OR
The Work order/ Letter of Award (LOA)/
At least 2 Order/ Contracts of 4.73 Lakhs Contract must clearly indicate as under:
each of minimum Executed a) Name & Full address of organization
value (Rs.) who has issued the Work Order
OR b) Nature of Work/Service along with
At least 1 Order/ Contracts of 7.57 Lakhs various components/items
each of minimum Executed c) Time Period of Work/ Services
value (Rs.) d) Value of Work Order / Letter of Award /
Contract

AND

b) Copy of Completion Certificate/

Execution Certificate issued by the End
User / Owner (or their consultant who has
been duly authorized by them to issue such
certificate).

The completion / execution certificate must

clearly indicate as under:
a) Name & Full address of organization
who has issued the completion /
execution certificate.
b) Reference number of relevant Work
order/ Letter of Award / Contract.

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Tender ID: 2026_GAIL_271389_1

c) Completed/ Actual value of executed

work.
d) Date of execution/ successful completion
of contract.
Notes to Technical BEC:

(i) A Job executed by a Bidder for its own plant/ project cannot be considered as experience for the
purpose of meeting BEC of this Tender Document. However, jobs executed for Subsidiary/Fellow
subsidiary / Holding company will be considered as experience for the purpose of meeting BEC
subject to submission of tax paid invoice (s) duly certified by Statutory Auditor of the Bidder
towards payments of statutory tax in support of the job executed for Subsidiary/Fellow subsidiary/
Holding company. Such Bidders to submit these documents in addition to the documents specified
to meet BEC.

(ii) Only documents (Work/Purchase Order, Completion certificate, Execution Certificate etc.) which
have been referred/ specified in the bid shall be considered in reply to queries during evaluation of
Bids. After submission of bid, only related shortfall documents will be asked for in TQ/CQ and
considered for evaluation. For example, if the bidder has submitted a contract without its
completion/ performance certificate, the certificate will be asked for and considered. However, no
new reference/ PO/WO/LOA is to be submitted by bidder in response to TQ/CQ so as to qualify
and such documents will not be considered by GAIL for evaluation of Bid.

(iii) Experience of bidder acquired as a subcontractor can be accepted against submission of certificate
from end user by such bidder along with other specified documents.

(iv) In case the bidder is executing a rate / maintenance contract which is still running and the contract
value /quantity executed till one day prior to due date of bid submission is equal to or more than the
minimum prescribed value / quantity mentioned in the BEC, such experience will also be taken into
consideration provided that the bidder has submitted satisfactory work / supply execution certificate
issued by the Order issuing Authority/ end user / owner / authorized consultant.

(v) Bids from Consortium / Joint Venture shall not be accepted.

(vi) In case bidder does not meet the above Technical BEC, the bid shall be liable for rejection.

Bidder shall furnish the duly filled and signed Check list for submission of documents for
qualification for Bid Evaluation Criteria (BEC) as per format F-8 (B).

B. FINANCIAL BEC: NOT APPLICABLE

C. Exchange rate for Conversion of Currency for evaluation of documents submitted by bidders
for BEC which are in other currency than specified in BEC shall be as follows:

(a) BEC (Technical Criteria): Bill Selling (foreign exchange) Rate of State Bank of India
as prevailing on the date of award of contract submitted by bidder.

(b) BEC (Financial Criteria):

(i) For Annual Turnover:
The average of Bill Selling (foreign exchange) Rate of State Bank of India as

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Tender ID: 2026_GAIL_271389_1

prevailing on the First date and Last date of the respective Financial Year.

(ii) For Net-Worth & Working Capital:

The Bill Selling (foreign exchange) Rate of State Bank of India as prevailing on
the Last date of the respective Financial Year.

(c) In case, the SBI Selling rate is not available as on the date of conversion as specified
above for respective cases, the exchange rate for conversion of currency shall be taken
from the internet, such as:
[Link]
[Link]
[Link]

D. AUTHENTICATION OF DOCUMENTS TO BE SUBMITTED IN SUPPORT OF BEC:

NOT APPLICABLE

E. RELAXATION OF PRIOR TURNOVER AND PRIOR EXPERIENCE FOR

STARTUPS (AS DEFINED IN GAZETTE NOTIFICATION NO. D.L-33004/99 DATED
18.02.2016 AND 23.05.2017 OF MINISTRY OF COMMERCE AND INDUSTRY), AS
AMENDMED TIME TO TIME:

Prior turnover and prior experience as mentioned above in financial and technical criteria of BEC shall
not be required for all Start-ups [whether Micro & Small Enterprises (MSEs) or otherwise] subject to
their meeting the quality and technical specifications specified in tender document.

For availing the relaxation, bidder is required to submit requisite certificate towards Start-up enterprise
registration issued by Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of
Commerce & Industry and relaxation is to be given to the specific goods / jobs domain wherein they are
registered for.

Wherever the “Certificate of Recognition” is stipulating the domain of start-up, the domain of start-up
is be considered based “Certificate of Recognition” issued by Department of Promotion of Industry and
Internal Trade (DPIIT). Start-ups having the “Certificate of Recognition” which do not mention Domain,
in such case start-ups are also required to submit the documents for the same including the application
submitted to DPIIT.

New startup “Certificate of Recognition” is stipulating “Industry” and “Sector‟ as domain of startup.
Accordingly, “Industry” and “Sector” as domain of startups mentioned in certificate/ application (in case
of old certificate which do not indicate domain) will be considered.

The above documents should be certified by the Chartered Accountant (not being an employee or a
Director or not having any interest in the bidder’s company/firm) and notary public with legible stamp.

Start-ups registered for following “Domain (i.e. Industry & Sector)” only shall be considered for
exemption towards Prior Experience & Turnover for this tender:

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Tender ID: 2026_GAIL_271389_1

[Link]. INDUSTRY SECTOR

1 Green Technology - Others
2 Renewable Energy - Manufacture of Electrical Equipment
- Renewable Energy Solutions
- Renewable Solar Energy
3 Technology Hardware - Renewable Energy Solutions

F. Apart from above, Bidder must submit all other relevant documents/ information as
specified in the Scope of Work/SCC for Technical Evaluation of bid or specified elsewhere
in the Tender Document, towards proof of its responsiveness.

G. PROCUREMENT FROM A BIDDER WHICH SHARES A LAND BORDER WITH

INDIA
1. Order (Public Procurement No. 1) dated 23.07.2020, Order (Public Procurement No. 2)
dated 23.07.2020 and Order (Public Procurement No. 3) dated 24.07.2020, Department
of Expenditure, Ministry of Finance, Govt. of India refers. The same are available at
website [Link]
2. Any bidder from a country which shares a land border with India will be eligible to bid
in this tender only if the bidder is registered with the Competent Authority. For details
of competent authority refer to Annexure I of Order (Public Procurement No. 1) dated
23.07.2020.
Further the above will not apply to bidders from those countries (even if sharing a land
border with India) to which the Government of India has extended lines of credit or in
which the Government of India is engaged in development projects. Updated lists of
countries to which lines of credit have been extended or in which development projects
are undertaken are given in the website of the Ministry of External Affairs, Govt. of
India
3. "Bidder" (including the term 'tenderer', 'consultant' 'vendor' or 'service provider' in
certain contexts) for purpose of this provision means any person or firm or company,
including any member of a consortium or joint venture (that is an association of several
persons, or firms or companies), every artificial juridical person not falling in any of the
descriptions of bidders stated hereinbefore, including any agency, branch or office
controlled by such person, participating in a procurement process.
4. "Bidder from a country which shares a land border with India" for the purpose of
this:
a. An entity incorporated, established or registered in such a country; or
b. A subsidiary of an entity incorporated, established or registered in such a
country; or
c. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint
venture falls under any of the above

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Tender ID: 2026_GAIL_271389_1

5. "Beneficial owner" for the purpose of above (4) will be as under:

i. In case of a company or Limited Liability Partnership, the beneficial owner is
the natural person(s), who, whether acting alone or together, or through one or
more juridical person(s), has a controlling ownership interest or who exercises
control through other means.
Explanation—
a) "Controlling ownership interest" means ownership of, or entitlement to,
more than twenty-five per cent of shares or capital or profits of the
company;
b) "Control" shall include the right to appoint the majority of the directors
or to control the management or policy decisions, including by virtue of
their shareholding or management rights or shareholders agreements or
voting agreements;
ii) In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;

iii) In case of an unincorporated association or body of individuals, the beneficial

owner is the natural person(s), who, whether acting alone or together, or through
one or more juridical person, has ownership of or entitlement to more than fifteen
percent of the property or capital or profits of such association or body of
individuals;
iv) Where no natural person is identified under (i) or (ii) or (iii) above, the
beneficial owner is the relevant natural person who holds the position of senior
managing official;
v) In case of a trust, the identification of beneficial owner(s) shall include
identification of the author of the trust, the trustee, the beneficiaries with fifteen
percent or more interest in the trust and any other natural person exercising
ultimate effective control over the trust through a chain of control or ownership.

6. "Agent" for the purpose of this Order is a person employed to do any act for another,
or to represent another in dealings with third persons.

7. SUBMISSION OF CERTIFICATE IN BIDS:

Bidder shall submit a certificate in this regard as Form-I to Section-II.

If such certificate given by a bidder whose bid is accepted is found to be false, this would
be a ground for immediate rejection of the bid/termination and further action as per
“Procedure for Action in case of Corrupt/Fraudulent/ Collusive / Coercive Practices” of
tender document.
8. The registration, wherever applicable, should be valid at the time of submission of bids
and at the time of acceptance of bids. In respect of supply otherwise than by tender,
registration should be valid at the time of placement of order. If the bidder was validly

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Tender ID: 2026_GAIL_271389_1

registered at the time of acceptance / placement of order, registration shall not be a

relevant consideration during contract execution.

9. PROVISION FOR WORKS CONTRACTS, INCLUDING TURNKEY

CONTRACTS:

The successful bidder shall not be allowed to sub-contract works to any contractor from
a country which shares a land border with India unless such contractor is registered with
the Competent Authority. The definition of "contractor from a country which shares a
land border with India" shall be as in Para 4 herein above. A Certificate to this regard is
to be submitted by bidder is placed at Form-II to Section-II.

H. PRICE EVALUATION METHODOLOGY:

The price bids of only Techno-commercially acceptable bidders shall be opened and will be
considered for price evaluation. Award of contract shall be done on
“Overall L-1 basis”.

Note(s):

(a) The input credit of GST (CGST & SGST/UTGST or IGST) shall be considered for evaluation
of bids.

(b) In case any unregistered bidder is submitting their bid, Bids will be evaluated as per quoted
prices without loading of GST (CGST & SGST/UTGST or IGST), if not quoted.

(c) In case any cess on GST is applicable same shall also be considered in evaluation.

(d) Applicability of purchase preference of MSE’s: Purchase preference to MSE Bidders shall not
be applicable being Works contract

*****

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Tender ID: 2026_GAIL_271389_1

Form-I-A
UNDERTAKING ON LETTERHEAD

To,
M/s GAIL (INDIA) LIMITED
_________________________

SUB:

TENDER NO:

REF: OM No. 7/10/2021-PPD(1) dated 23.02.2023 of Dept of Expenditure, Ministry of Finance,

Government of India ([Link]

Dear Sir

We, M/s____________ (Name of Bidder), have read the clause regarding restrictions on
Procurement from a Bidder of a country which shares a land border with India as mentioned in
the tender document in line with the above referred guidelines dated 23.02.2023 for
Procurement from a bidder which shares a land border with India and We certify that
(i) Bidder is not from such a country [ ]

(ii) If the Bidder is from such a country [ ]

which shares a land border with India, has been registered
with the Competent Authority.
(Evidence of valid registration by the
Competent Authority to be attached by the bidder)

(Bidder is to tick appropriate option (✓ or X) above).

We hereby certify that we fulfill all requirements in this regard and is eligible to be considered
against the subject tender.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:

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Tender ID: 2026_GAIL_271389_1

Form-I-B
UNDERTAKING ON LETTERHEAD
(Applicable in case of Transfer of Technology cases only)

To,
M/s GAIL (INDIA) LIMITED
___________________

SUB:
TENDER NO:

REF: OM No. 7/10/2021-PPD(1) dated 23.02.2023 of Dept of Expenditure, Ministry of Finance,

Government of India ([Link]
Dear Sir
We, M/s____________ (Name of Bidder), have read the clause regarding restrictions on
Procurement from a Bidder of a Country having Transfer of Technology (ToT) arrangement as
mentioned in the tender document in line with the above referred guidelines dated 23.02.2023
for Procurement from a bidder which shares a land border with India and We certify that

(i) The Bidder does not have ToT with such a country [ ]

(iii) If the Bidder is having ToT from such a country [ ]

which share a land border with India, has been registered
with the Competent Authority.
(Evidence of valid registration by the
Competent Authority to be attached by the bidder)

(Bidder is to tick appropriate option (✓ ) above).

We hereby certify that we fulfill all requirements in this regard and is eligible to be considered
against the subject tender.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:

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Tender ID: 2026_GAIL_271389_1

Form-II

CERTIFICATE FOR TENDERS FOR WORKS INVOLVING POSSIBILITY OF SUB-

CONTRACTING

To,
M/s GAIL (INDIA) LIMITED
___________________

SUB:
TENDER NO:
REF: OM No. 7/10/2021-PPD(1) dated 23.02.2023 of Dept of Expenditure, Ministry of Finance, Government of
India ([Link]
Dear Sir
We, M/s____________ (Name of Bidder), have read the clause regarding restrictions on Procurement from a
Bidder of a country which shares a land border with India and on sub-contracting to contractors from such countries
as mentioned in the tender document in line with the above referred guidelines dated 23.02.2023 for Procurement
from a bidder which shares a land border with India and We certify that

(i) Bidder is not from such a country [ ]

(ii) If the Bidder is from such a country [ ]

which share a land border with India, has been registered
with the Competent Authority.
(Evidence of valid registration by the
Competent Authority to be attached by the bidder)
(Bidder is to tick appropriate option (✓) above).

We further certify that we will not sub-contract any work to a contractor from such countries unless such contractor
is registered with the Competent Authority.

We hereby certify that we fulfill all requirements in this regard and is eligible to be considered.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:

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Tender ID: 2026_GAIL_271389_1

Schedule I
List of Category-I Sensitive sectors:

Sr. No. Sector

(i) Atomic Energy
(ii) Brocasting/ Print and Digital Media
(iii) Defense
(iv) Space
(v) Telecommunications

Schedule II
List of Category-II Sensitive sectors:

[Link]. Sector

Power and Energy (including exploration/ generation/ transmission/

(i)
distribution/ pipeline)

(ii) Banking and Finance including Insurance

(iii) Civil Aviation

(iv) Construction of ports and dams & river valley projects

(v) Electronics and Microelectronics

(vi) Meteorology and Ocean Observation

(vii) Mining and extraction (including deep sea projects)

(viii) Railways

(ix) Pharmaceuticals & Medical Devices

(x) Agriculture

(xi) Health

(xii) Urban Transportation

Schedule III

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Tender ID: 2026_GAIL_271389_1

List of Sensitive Technologies:

[Link]. Sensitive Technologies

(i) Additive Manufacturing (e.g. 30 Printing)
Any equipment having electronic programmable components or autonomous systems (e.g.
(ii)
SCADA systems)
Any technology used for uploading and streaming of data including broadcasting,
(iii)
satellite communication etc.
(iv) Chemical Technologies
(v) Biotechnologies including Genetic Engineering and Biological Technologies
(vi) Information and Communication Technologies
(vii) Software

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Tender ID: 2026_GAIL_271389_1

Appendix-A1 to Section II

FORMAT OF AGREEMENT TO BE EXECUTED BETWEEN BIDDER AND THEIR

FOREIGN BASED SUPPORTING COMPANY ON INDIAN NON-JUDICIAL STAMP PAPER
OF REQUISITE VALUE DULY NOTARIZED.

This agreement made this ___ day of ____ month ____ year by and between M/s.
____________________ (Fill in Bidder’s full name, constitution and registered office address)
___________ hereinafter referred to as bidder on the first part and M/s. ___________ (Fill in full name,
constitution and registered office address company which hold more than fifty percent of the paid up
share capital of the bidding company or vice versa) hereinafter referred to as “Supporting Company”
of the second part.

Whereas

M/s. GAIL (India) Limited (hereinafter referred to as GAIL) has invited offers vide their tender No.
_____________ for _______________and M/s. __________________ (Bidder) intends to bid against
the said tender and desires to have technical support of M/s. ________________ [Supporting
Company]

And whereas Supporting Company represents that they have gone through and understood the
requirements of the subject tender and are capable and committed to provide the services as required
by the bidder for successful execution of the contract, if awarded to the bidder.

Now, it is hereby agreed to by and between the parties as follows:

a) M/s.____________ (Bidder) will submit an offer to GAIL for the full scope of work as
envisaged in the tender document as a main bidder and liaise GAIL directly for any
clarifications etc. in this context.

b) M/s. _________[Supporting Company] undertakes to provide technical support and

expertise, expert manpower and project management including financial support, if so required,
to the bidder to discharge its obligations as per the Scope of Work of the tender / Contract for
which offer has been made by the bidder and accepted the GAIL.

c) The Bidder/ Supporting Company holds more than 50% paid up equity capital of the
Supporting Company/ Bidder.

d) This agreement will remain valid till validity of bidder's offer to GAIL including
extension if any and till satisfactory performance of the contract, the same is awarded by GAIL
to the bidder.

e) Supporting Company undertakes that this agreement shall remain enforceable even if
their stake in Bidder is diminished during the execution of works under the contract between
the Bidder and GAIL.

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f) The bidder shall have the overall responsibility of satisfactory execution of the contract
awarded by GAIL, however without prejudice to any rights that GAIL might have against the
Supporting Company

g) It is further agreed that, if contract pursuant to Supporting Company shall be jointly and
severely responsible to GAIL for the performance of works during contract period and for the
satisfactory execution of the contract, and for all the consequences for non-performance thereof.

In witness whereof the parties hereto have executed this agreement on the date mentioned above.

For and on behalf of For and on behalf of

(Bidder) (Supporting Company)
M/s. M/s.

Witness: Witness:
1) 1)
2) 2)

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Appendix-A2 to Section II

GUARANTEE BY THE FOREIGN BASED SUPPORTING COMPANY/ GUARANTOR

(to be executed on plain paper)

THIS DEED OF GUARANTEE executed at ……….. this …….. day of ……… by M/s
………………………… (mention complete name) a company duly established and existing under the
laws of …………………. (insert country), having its Registered Office at
……………………………………… hereinafter called “the Guarantor and/ or the Supporting
Company” which expression shall, unless excluded by or repugnant to the subject or context thereof,
be deemed to include its successors and permitted assignees.
FOR
M/s ………………………… (bidder) a company duly established and existing under the laws of
…………………. (insert country), having its Registered Office at
……………………………………… hereinafter called the “Bidder” which expression shall, unless
excluded by or repugnant to the subject or context thereof, be deemed to include its successors and
permitted assignees.

TOWARDS
M/s GAIL(India) Limited, a company duly registered under the law of India having its Registered
Office at 16, Bhikaiji Cama Place, R. K. Puram, New Delhi-110066, India, and having Purchase center
at …………… hereinafter called “GAIL” which expression shall unless excluded by or repugnant to
the context thereof, be deemed to include its successor and assignees
WHEREAS GAIL has invited tender number ………………… for …….. on ………….., and the
bidder has submitted it bid number…………… in response to the above mentioned tender invited by
GAIL.

AND WHEREAS the bidder/ Guarantor Company holds more than 50% paid up equity capital of the
Supporting Company/ Bidder .

AND WHEREAS one of the condition for acceptance of Bidder’s bid against said tender is that in
case the bidder is seeking to qualify upon the technical credentials of its Guarantor Company, then the
bidder shall arrange a guarantee from its Guarantor Company guaranteeing due and satisfactory
performance of the work covered under the said tender including any change therein as may be
deemed appropriate by the GAIL at any stage.
The Guarantor represents that they have gone through and understood the requirement of the above
said tender and are capable of and committed to provide technical and such other supports as may be
required by the Bidder for successful execution of the same.
The Bidder and the Guarantor have entered into an agreement dated ……… as per which the Guarantor
shall be providing technical, financial and such other supports as may be necessary for performance of
the work under the tender, if the contract is awarded to the Bidder.

Accordingly, at the request of the Bidder and in consideration of and as a requirement for the GAIL to
enter into agreement(s) with the Bidder, the Guarantor hereby guarantees and undertakes that upon
award of Contract to Bidder against bid number ……………, made by the Bidder under tender

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number………………:
1. The Guarantor unconditionally agrees that in case of non-performance by the Bidder
of any of its obligations in any respect, the Guarantor shall, immediately on receipt of
notice of demand by the GAIL , take up the job without any demur or objection, in
continuation and without loss of time and without any cost to the GAIL and duly perform
the obligations of the Bidder to the satisfaction of the GAIL.
2. The Guarantor agrees that the Guarantee contained herein shall remain valid till the
satisfactory execution and completion of the work (including discharge of the warranty
obligations) awarded to the Bidder.
3. The Guarantor shall be jointly and severally responsible to GAIL for satisfactory
performance of works during contract period and for the satisfactory execution of the
contract, and for all consequences for non-performance thereof.
4. The liability of the Guarantor, under the Guarantee, is limited of the Bidder for non-
performance under the contract entered between GAIL and the Bidder. This will,
however, be in addition to the forfeiture of the Performance and Advance Guarantees
furnished by the Bidder.
5. The Guarantor agrees to execute a Corporate Guarantee in favour of GAIL, guaranteeing
the performance of obligations by the Bidder, in case the Contract is awarded to the
Bidder by GAIL.
6. The Guarantor represents that this Guarantee has been issued after due observance of
the appropriate laws in force in India. The Guarantor hereby undertakes that the
Guarantor shall obtain and maintain in full force and effect all the governmental and
other approvals and consents that are necessary and do all other acts and things
necessary or desirable in connection therewith or for the due performance of the
Guarantor’s obligations towards GAIL.
7. Any dispute arising out of or in connection with this contract, including any question
regarding its existence, validity or termination, shall be referred to and finally resolved
by arbitration. It is further agreed that Claims by and against the Guarantor, the Bidder
and GAIL under the different contract to be entered pursuant to their relationship can be
brought under a single reference and there shall be no bar on the consolidation of such
proceedings before the same arbitral tribunal. The governing law shall be the laws of
India and seat of arbitration shall be New Delhi, India. The language of arbitration shall
be English.
8. The Guarantor hereby declares and represents that this Guarantee has been given
without any undue influence or coercion, and that the Guarantor has fully understood
the implications of the same.
9. In case of award of contract to the bidder, the Guarantor shall provide Performance Bank
Security to GAIL, equivalent to 50% of the value of Performance Bank Security to be
submitted by the bidding company, in the prescribed format within 15 days from the
date of Fax of Acceptance, as guarantee for performance by the bidder/Supplier. The
Guarantor hereby expressly agrees that if in the opinion of GAIL, the Bidder / Supplier
has failed to perform its obligations under the contract in any manner, GAIL shall have
unfettered right to invoke the said Bank guarantee. The guarantor hereby agrees that
decision of GAIL about performance of the bidder / Supplier shall be final and shall not
be questioned by the Guarantor. Guarantor shall have no objection to invocation of the
Performance Bank Guarantee submitted by the Guarantor

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OR
(applicable, subject to meeting the conditions stipulated in BEC in respect of additional
Performance Bank Security)
In case of award of contract to the bidder, the bidder on behalf of the Guarantor shall
provide additional Performance Bank Security to GAIL, equivalent to 50% of the value
of Performance bank Security to be submitted by the bidding company, in the prescribed
format within 15 days from the date of Fax of Acceptance, as guarantee for performance
by the bidder/Supplier. The Guarantor hereby expressly agrees that if in the opinion of
GAIL, the Bidder / Supplier has failed to perform its obligations under the contract in
any manner, GAIL shall have unfettered right to invoke the said Bank guarantee. The
Guarantor hereby agrees that decision of GAIL about performance of the bidder /
Supplier shall be final and shall not be questioned by the Guarantor. Guarantor shall
have no objection to invocation of the Performance Bank Security submitted by the
Bidder on behalf The Guarantor represents and confirms that the Guarantor has the legal
capacity, power and authority to issue this Guarantee and that giving of this Guarantee
and the performance and observations of the obligations hereunder do not contravene
any existing laws.
(Strike through the clause whichever is not applicable)
10. The Guarantor represents and confirms that the Guarantor has the legal capacity, power
and authority to issue this Guarantee and that giving of this Guarantee and the
performance and observations of the obligations hereunder do not contravene any
existing laws.
For & on behalf of (Supporting Company)
M/s __________________________
Signature__________________
Name_____________________
Designation ________________
official seal_________________
Witness:
1.Signature________________
Full Name _________________
Address___________________

2.Signature________________
Full Name _________________
Address___________________

INSTRUCTIONS FOR FURNISHING GUARANTEE

1. The official(s) executing the guarantee should affix full signature(s) on each page.
2. Resolution passed by Board of Directors of the guarantor company authorizing the
signatory(ies) to execute the guarantee, duly certified by Company Secretary should be
furnished along with Guarantee.

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Appendix-A2A to Section II

CERTIFICATE ISSUED BY COMPANY SECRETARY OF THE GUARANTOR COMPANY

“Obligations contained in deed of guarantee No. ______ furnished against tender No. ______
are enforceable against the Guarantor Company and the same do not, in any way, contravene
any law of the country of which the Guarantor Company is the subject.”

The above certificate should be enclosed alongwith the Guarantee.

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Appendix-A3 to Section II

PROFORMA OF "BANK GUARANTEE" TOWARDS PERFORMANCE SECURITY /

SECURITY DEPOSIT BY FOREIGN BASED SUPPORTING COMPANY OF THE BIDDING
COMPANY
CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
To,
To, Bank Guarantee No.
M/s GAIL (India) Limited Date of BG
___________________ BG Valid up to (Expiry date)
Claim period up to (indicate date of
expiry of claim period which
includes minimum three months
from the expiry date)
Stamp Sl. No./e-Stamp Certificate
No.

Dear Sir(s),
M/s. __________________________________________________________________ having
registered office at _______________________ (herein after called the “SUPPLIER” which expression
shall wherever the context so require include its successors and assignees) have been placed/ awarded the
job/work of _______________________________________________ vide PO/LOA /FOA No.
_______________________________dated______ (herein after called CONTRACT) for GAIL (India)
Limited having registered office at 16, Bhikaiji Cama Place, R.K. Puram, New Delhi (herein after called
the “GAIL” which expression shall wherever the context so require include its successors and assignees).

Further, M/s _____________ (Name of the Supporting company) having its registered/head office at
______________________ based on whose experience/technical strength, the SUPPLIER has qualified
for award of contract (hereinafter referred to as the 'SUPPORTING COMPANY') which expression shall,
unless repugnant to the context or meaning thereof include all its successors, administrators, executors and
assignees) has agreed to provide complete technical and other support to the SUPPLIER for successful
completion of the contract as mentioned above, entered between GAIL and the SUPPLIER and GAIL
having agreed that the 'SUPPORTING COMPANY' shall furnish to GAIL a
performance guarantee for Indian Rupees/US$ .............. towards providing complete
financial and other support to the SUPPLIER for successful completion of the contract as mentioned
above,

The said M/s.______________________________________________ (Supporting Company) has

approached us and at their request and in consideration of the premises we having our office at
______________________________ have agreed to give such guarantee as hereinafter mentioned.

2. We (name of the bank) ______________________________ registered under the laws of _______

having head/registered office at __________________________
(hereinafter referred to as "the Bank", which expression shall, unless repugnant to the context or
meaning thereof, include all its successors, administrators, executors and permitted assignees) do
hereby guarantee and undertake to pay immediately on first demand in writing any/all moneys to

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the extent of Indian Rs./US$ (in figures) __________ (Indian Rupees/US Dollars (in
words)_____________________________) without any demur, reservation, contest or protest
and/or without any reference to the 'SUPPORTING COMPANY'. Any such demand made by
GAIL on the Bank by serving a written notice shall be conclusive and binding, without any proof,
on the bank as regards the amount due and payable, notwithstanding any dispute(s) pending before
any Court, Tribunal, Arbitrator or any other authority and/or any other matter or thing whatsoever,
as liability under these presents being absolute and unequivocal. We agree that the guarantee herein
contained shall be irrevocable and shall continue to be enforceable until it is discharged by GAIL
in writing. This guarantee shall not be determined, discharged or affected by the liquidation,
winding up, dissolution or insolvency of the 'SUPPORTING COMPANY' and shall remain valid,
binding and operative against the bank.
3. The Bank also agrees that GAIL at its option shall be entitled to enforce this Guarantee against the
Bank as a principal debtor, in the first instance, without proceeding against the 'SUPPORTING
COMPANY' and notwithstanding any security or other guarantee that GAIL may have in relation
to the 'SUPPORTING COMPANY’s liabilities.
4. The Bank further agrees that GAIL shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms and conditions of the
said CONTRACT or to extend time of performance by the said SUPPLIER from time to time or
to postpone for any time or from time to time exercise of any of the powers vested in GAIL against
the said SUPPLIER/ and to forbear or enforce any of the terms and conditions relating to the said
agreement and we shall not be relieved from our liability by reason of any such variation, or
extension being granted to the said SUPPLIER or for any forbearance, act or omission on the part
of GAIL or any indulgence by GAIL to the said SUPPLIER(s) or any such matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have effect of so
relieving us.
5. The Bank further agrees that the Guarantee herein contained shall remain in full force during the
period that is taken for the performance of the CONTRACT and all dues of GAIL under or by
virtue of this CONTRACT have been fully paid and its claim satisfied or discharged or till GAIL
discharges this guarantee in writing, whichever is earlier.
6. This Guarantee shall not be discharged by any change in our constitution, in the constitution of
GAIL or that of the 'SUPPORTING COMPANY'.
7. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the
country of issue.
8. The Bank also agrees that this guarantee shall be governed and construed in accordance with Indian
Laws and subject to the exclusive jurisdiction of Indian Courts of the place from where the
purchase CONTRACT has been placed.
9. Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to
Indian Rs./US$ (in figures) _________________ (Indian Rupees/US Dollars (in words)
________________ only) and our guarantee shall remain in force until (indicate the date of expiry
of bank guarantee) _________.
10. We have power to issue this guarantee in your favor under Memorandum and Articles of
Association and the undersigned has full power to do under the Power of Attorney, dated
___________ granted to him by the Bank.
11. 12.
Notwithstanding anything contained herein:
a) The Bank’s liability under this Guarantee shall not exceed (currency in figures) . . . . . . . . . . . .
. . . . (currency in words only ) . . . . .
b) This Guarantee shall remain in force upto ___________ (this date should be expiry date of

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13.
defect liability period of the Contract) and any extension(s) thereof; and
c) The Bank shall be released and discharged from all liability under this Guarantee unless a
written claim or demand is issued to the Bank on or before the midnight of
………………….(indicate date of expiry of claim period which includes minimum three months
from the expiry of this Bank Guarantee) and if extended, the date of expiry of the last extension
of this Guarantee. If a claim has been received by us within the said date, all the rights of GAIL
under this Guarantee shall be valid and shall not cease until we have satisfied that claim.

Details of next Higher Authority of the Officials who have issued the Bank Guarantee:
Name …………………………….
Designation …………………..

Yours faithfully,
_______________
Bank by its Constituted Attorney

Signature of a person duly

Authorized to sign on behalf of the Bank
E-mail :
Telephone/Mobile No. :

INSTRUCTIONS FOR FURNISHING

"PERFORMANCE SECURITY / SECURITY DEPOSIT " BY "BANK GUARANTEE"
1. The Bank Guarantee by successful Bidder(s) will be given on non-judicial stamp paper as per
'stamp duty' applicable. The non-judicial stamp paper should be in name of the issuing bank. In
case of foreign bank, the said Bank Guarantee to be issued by its correspondent bank in India
on requisite non-judicial stamp paper and place of Bid to be considered as Delhi.
2. A letter from the issuing bank of the requisite Bank Guarantee confirming that said Bank
Guarantee and all future communication relating to the Bank Guarantee shall be forwarded to
Purchaser as per format appended below.
3. The Bank Guarantee shall be from any Indian scheduled bank (excluding Co-operative banks
and Regional Rural bank) or a branch of an International bank situated in India and registered
with Reserve bank of India as scheduled foreign bank. However, in case of bank guarantees
from banks other than the Nationalised Indian banks, the bank must be a commercial bank
having net worth in excess of Rs 100 crores and a declaration to this effect shall be made by
such commercial bank either in the Bank Guarantee itself or separately on its letterhead.

MATTER TO BE MENTIONED IN COVERING LETTER TO BE SUBMITTED BY VENDOR ALONG WITH BANK

GUARANTEE

1
BANK GUARANTEE NO :

2 VENDOR NAME / VENDOR CODE : NAME

VENDOR CODE

3 BANK GUARANTEE AMOUNT :

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4 LOA / PO NO. :

5 NATURE OF BANK GUARANTEE :

(Please Tick ( √ ) Whichever is PERFORMANCE SECURITY

EMD ADVANCE
Applicable BANK GUARANTEE DEPOSIT

(A) EMAIL ID :
BG ISSUED BANK DETAILS
(B) ADDRESS :
(C) PHONE NO :

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SECTION-III

INSTRUCTION TO BIDDERS
(TO BE READ IN CONJUNCTION WITH
BIDDING DATA SHEET (BDS)

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SECTION-III
INSTRUCTION TO BIDDERS

INDEX
[A] GENERAL:
1. SCOPE OF BID
2. ELIGIBLE BIDDERS
3. BIDS FROM CONSORTIUM
4. ONE BID PER BIDDER
5. COST OF BIDDING
6. SITE-VISIT

[B] BIDDING DOCUMENTS:

7. CONTENTS OF BIDDING DOCUMENTS
8. CLARIFICATION OF TENDER DOCUMENTS
9. AMENDMENT OF BIDDING DOCUMENTS

[C] PREPARATION OF BIDS:

10. LANGUAGE OF BID
11. DOCUMENTS COMPRISING THE BID
12. BID PRICES
13 GST (CGST & SGST/ UTGST or IGST )
14. BID CURRENCIES
15. BID VALIDITY
16. EARNEST MONEY DEPOSIT / BID SECURITY
17. PRE-BID MEETING
18. FORMAT AND SIGNING OF BID
19. ZERO DEVIATION & REJECTION CRITERIA
20. E-PAYMENT

[D] SUBMISSION OF BIDS:

21. SUBMISSION, SEALING AND MARKING OF BIDS
22. DEADLINE FOR SUBMISSION OF BIDS
23. LATE BIDS
24. MODIFICATION AND WITHDRAWAL OF BIDS

[E] BID OPENING AND EVALUATION:

25. EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR
ALL BIDS
26. BID OPENING
27. CONFIDENTIALITY
28. CONTACTING THE EMPLOYER
29. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
30. CORRECTION OF ERRORS
31. CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS
32. EVALUATION AND COMPARISON OF BIDS
33. COMPENSATION FOR EXTENDED STAY

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34. PURCHASE PREFERENCE

[F] AWARD OF CONTRACT:

35. AWARD
36. NOTIFICATION OF AWARD / FAX OF ACCEPTANCE [FOA]
37. SIGNING OF AGREEMENT
38. CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT
39. PROCEDURE FOR ACTION IN CASE
CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES
40. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL
ENTERPRISE
41. AHR ITEMS
42. VENDOR EVALUATION PROCEDURE
43. INCOME TAX & CORPORATE TAX
44. DISPUTE RESOLUTION MECHANISM
45. DISPUTES BETWEEN CPSE’S/GOVERNMENT DEPARTMENT’S/
ORGANIZATIONS
46. INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS
PROVIDERS)
47. PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS
48. CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING TO
SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY
49. PROVISION FOR STARTUPS
50. PROVISION REGARDING INVOICE FOR REDUCED VALUE OR CREDIT
NOTE TOWARDS PRS
51. UNIQUE DOCUMENT IDENTIFICATION NUMBER BY PRACTICING
CHARTERED ACCOUNTANTS
52. ANJANI PORTAL
53. DOCUMENTS FOR PAYMENT
54. ORDER TRANSMITTAL SYSTEM
55. SUBLETTING AND ASSIGNMENT
56. VENDOR INVOICE MANAGEMENT (VIM)

[G] ANNEXURES:
1. ANNEXURE-I: PROCEDURE FOR ACTION IN CASE
CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES
2. ANNEXURE-II: VENDOR PERFORMANCE EVALUATION PROCEDURE
3. ANNEXURE-III : ADDENDUM TO INSTRUCTIONS TO BIDDERS
(INSTRUCTION FOR PARTICIPATION IN E-TENDER)
4. ANNEXURE-IV: BIDDING DATA SHEET (BDS)
5. ANNEXURE-V: POLICY TO PROVIDE PURCHASE PREFERENCE AS PER
PUBLIC PROCUREMENT (PREFERENCE TO MAKE IN INDIA), ORDER 2017

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INSTRUCTIONS TO BIDDERS [ITB]

(TO BE READ IN CONJUNCTION WITH BIDDING DATA SHEET (BDS)

[A] – GENERAL

1 SCOPE OF BID

1.1 The Employer as defined in the "General Conditions of Contract [GCC]", wishes to receive
Bids as described in the Invitation For Bid (the “Tender Document /Bid Document”) issued
by Employer. Employer/Owner/GAIL occurring herein under shall be considered synonymous.
1.2 SCOPE OF BID: The scope of work/ Services shall be as defined in the Tender documents.
1.3 The successful bidder will be expected to complete the scope of Bid within the period stated
in Special Conditions of Contract.
1.4 Throughout the Tender Documents, the terms 'Bid', 'Tender' & ‘Offer’ and their derivatives
[Bidder/Tenderer, Bid/Tender/Offer etc.] are synonymous. Further, 'Day' means 'Calendar Day'
and 'Singular' also means 'Plural'.

2 ELIGIBLE BIDDERS

2.1 The Bidder shall not be under a declaration of ineligibility by Employer for Corrupt/ Fraudulent/
Collusive/ Coercive practices, as defined in "Instructions to Bidders [ITB], Clause No. 39”
(Action in case Corrupt/ Fraudulent/ Collusive/ Coercive Practices).
2.2 The Bidder is not put on ‘Holiday’ by GAIL or Public Sector Project Management Consultant
(like EIL, Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or
banned/blacklisted by Government department/ Public Sector on due date of submission of bid.
Further, neither bidder nor their allied agency/(ies) (as defined in the Procedure for Action in
case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on banning list of GAIL or the
Ministry of Petroleum and Natural Gas.
If the bidding documents were issued inadvertently/ downloaded from website, offers submitted
by such bidders shall not be considered for opening/ evaluation/Award and will be returned
immediately to such bidders.
In case there is any change in status of the declaration prior to award of contract, the same has
to be promptly informed to GAIL by the bidder.
It shall be the sole responsibility of the bidder to inform about their status regarding para 1 of
clause 2.2 herein above on due date of submission of bid and during the course of finalization
of the tender. Concealment of the facts shall tantamount to misrepresentation of facts and shall
lead to action against such Bidders as per clause 39 of ITB.
2.3 The Bidder should not be under any liquidation court receivership or similar proceedings on
due date of submission of bid. In case there is any change in status of the declaration prior to
award of contract, the same has to be promptly informed to GAIL by the bidder.
It shall be the sole responsibility of the bidder to inform GAIL there status on above on due
date of submission of bid and during the course of finalization of the tender. Concealment of
the facts shall tantamount to misrepresentation of facts and shall lead to action against such
Bidders as per clause no.39 of ITB.
2.4 Bidder shall not be affiliated with a firm or entity:

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(i) that has provided consulting services related to the work to the Employer during the
preparatory stages of the work or of the project of which the works/services forms a part
of or
(ii) that has been hired (proposed to be hired) by the Employer as an Engineer/ Consultant
for the contract.
2.5 Neither the firm/entity appointed as the Project Management Consultant (PMC) for a contract
nor its affiliates/ JV’S/ Subsidiaries shall be allowed to participate in the tendering process
unless it is the sole Licensor/Licensor nominated agent/ vendor.
2.6 Pursuant to qualification criteria set forth in the bidding document, the Bidder shall furnish all
necessary supporting documentary evidence to establish Bidder’s claim of meeting qualification
criteria.
2.7 Power of Attorney:
Power of Attorney (POA) to be issued by the bidder in favour of the authorised employee(s), in
respect of the particular tender, for purpose of signing the documents including bid, all
subsequent communications, agreements, documents etc. pertaining to the tender and act and
take any and all decision on behalf of the bidder (including Consortium). Any consequence
resulting due to such signing shall be binding on the Bidder (including Consortium).
(I) In case of a Single Bidder, the Power of Attorney shall be issued as per the constitution
of the bidder as below:
a) In case of Proprietorship: by Proprietor
b) In case of Partnership: by all Partners or Managing Partner
c) In case of Limited Liability Partnership: by any bidder’s employee
authorized in terms of Deed of LLP
d) In case of Public / Limited Company: PoA in favour of authorized employee(s)
by Board of Directors through Board Resolution or by the designated officer
authorized by Board to do so. Such Board Resolution should be duly
countersigned by Company Secretary / MD / CMD / CEO.
(II) In case of a Consortium, Power of Attorney shall be issued both by Leader as well as
Consortium Member(s) of the Consortium as per procedure defined herein above in
favour of employee of Leader of Consortium.
The Power of Attorney should be valid till award of contract / order to successful bidder.

2.8 In case of change of constitution of bidder after submission of bid, the same shall be informed
by the bidder to GAIL promptly. Failure to same shall be considered as misrepresentation by
the bidder.

3 BIDS FROM "CONSORTIUM" (FOR APPLICABILITY OF THIS CLAUSE REFER

BIDDING DATA SHEET (BDS)) – Not applicable
3.1 Bids from consortium of two or more members (maximum three including leader) are
acceptable provided that they fulfill the qualification criteria and requirements stated in the
Bidding Documents. Participating Consortium shall submit the Agreement as per the format F-
11 clearly defining the scope and responsibility of each member. Members of consortium shall
assume responsibility jointly & severally. The EMD shall be submitted by the Bidder
(Consortium).
3.2 The Consortium Agreement must clearly define the leader/ lead partner, who shall be
responsible for timely completion of work/ services and shall receive/ send instructions for and

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on behalf of the consortium during the period the bid is under evaluation as well as during the
execution of contract.
3.3 All the members shall authorize the representative from the lead partner by submitting a Power
of attorney (on a non judicial stamp paper of appropriate value) signed by legally authorized
signatories of all the member(s). Such authorization must be accompanied with the bid. The
authorized signatory shall sign all the documents relating to the tender/ contract. However, in
case of award, payment shall be made to the consortium.
3.4 A consortium once established at the time of submitting the Bid shall not be allowed to be
altered with respect to constituting members of the Consortium or their respective roles/ scope
of work, except if and when required in writing by owner. If during the evaluation of bids, a
consortium proposes any alteration/ changes in the orientation of consortium or replacements
or inclusions or exclusions of any partner(s)/ member(s) which had originally submitted the
bid, bid from such a consortium shall be liable for rejection.
3.5 Any member of the consortium/ shall not be eligible either in an individual capacity or be a part
of any other consortium to participate in this tender. Further, no member of the consortium/ JV
shall be on ‘Holiday’ by GAIL or Public Sector Project Management Consultant (like EIL,
Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or banned/
blacklisted by Government department/ Public Sector on due date of submission of bid. Offer
submitted by such consortium shall not be considered for opening/ evaluation/Award.
4 ONE BID PER BIDDER
4.1 A Bidder shall submit only 'one [01] Bid' in the same Bidding Process either as single entity or
as a member of any consortium (wherever consortium bid is allowed). A Bidder who submits
or participates in more than 'one [01] Bid' will cause all the proposals in which the Bidder has
participated to be disqualified.
4.2 A bidder shall not have conflict of interest with other bidders. Such conflict of interest can lead
to anti-competitive practices. The bidder found to have a conflict of interest shall be
disqualified. A bidder shall be considered to have a conflict of interest with one or more bidders
in this bidding process, if:
a) they have controlling partner (s) in common; or
b) they receive or have received any direct or indirect subsidy/ financial stake from any of them;
or
c) they have the same legal representative/authorized signatory/agent for purposes of this bid; or
d) they have relationship with each other, directly or through common third parties, that puts them
in a position to have access to information about or influence on the bid of another Bidder; or
e) Bidder participates in more than one bid in bidding process. Participation by a Bidder in more
than one Bid will result in the disqualification of all bids in which the parties are involved.
However, this does not limit the inclusion of the components/ sub-assembly/ Assemblies from
one bidding manufacturer in more than one bid.
f) a Bidder or any of its affiliates participated as a consultant in the preparation of the design or
technical specifications of the contract that is the subject of the Bid;
g) In case of a holding company having more than one independently manufacturing units, or
more than one unit having common business ownership/management, only one unit should
quote. Similar restrictions would apply to closely related sister companies. Bidders must
proactively declare such sister/ common business/ management units in same/ similar line of
business.

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Bidders are required to submit a confirmation for no conflict of interest with other bidders in
Format F-5..
Failure to comply this clause during tendering process will disqualify all such bidders from
process of evaluation of bids.
4.3 Alternative Bids shall not be considered.
4.4 The provisions mentioned at sl. no. 4.1 and 4.2 shall not be applicable wherein bidders are
quoting for different Items / Sections / Parts / Groups/ SOR items of the same tender which
specifies evaluation on Items / Sections / Parts / Groups/ SOR items basis.
4.5 Bidders are required to provide complete details of all Directors/Partners/Proprietors etc.
including Father's name, Residential address, AADHAR, PAN Card details & DIN Nos. in
Form F-l of ITB and corresponding documents duly notarized by Notary Public.

It is the responsibility of the participating Bidder(s) to assess the relationship as mentioned

above.

In case any undertaking/declaration given by a Bidder(s) in this regard is found to be false, this
would be a sufficient ground for rejection of Bid(s) /termination of contract and also initiation
of further action as per "Procedure for Action in case of Corrupt/Fraudulent/ Collusive /
Coercive Practices" of tender document.

5 COST OF BIDDING
The Bidder shall bear all costs associated with the preparation and submission of the Bid
including but not limited to Documentation Charges, Bank charges, all courier charges,
translation charges, authentication charges and any associated charges including taxes & duties
thereon. Further, GAIL will in no case, be responsible or liable for these costs, regardless of
the outcome of the bidding process.

6 SITE VISIT

6.1 The Bidder is advised to visit and examine the site of works and its surroundings and obtain for
itself on its own responsibility all information that may be necessary for preparing the Bid and
entering into a Contract for the required job. The costs of visiting the site shall be borne by the
Bidder.
6.2 The Bidder or any of its personnel or agents shall be granted permission by the Employer to
enter upon its premises and land for the purpose of such visits, but only upon the express
conditions that the Bidder, its personnel and agents will release and indemnify the Employer
and its personnel, agents from and against all liabilities in respect thereof, and will be
responsible for death or injury, loss or damage to property, and any other loss, damage, costs,
and expenses incurred as a result of inspection.
6.3 The Bidder shall not be entitled to hold any claim against GAIL for non-compliance due to lack
of any kind of pre-requisite information as it is the sole responsibility of the Bidder to obtain
all the necessary information with regard to site, surrounding, working conditions, weather etc.
on its own before submission of the bid.
[B] – BIDDING DOCUMENTS
7 CONTENTS OF BIDDING DOCUMENTS

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7.1 The contents of Bidding Documents / Tender Documents are those stated below, and should be
read in conjunction with any 'Addendum / Corrigendum and Clarification(s)' issued in
accordance with "ITB: Clause-8 & 9":
➢ Section-I : Invitation for Bid [IFB]*
➢ Section-II : BID EVALUATION CRITERIA [BEC] & Evaluation methodology
➢ Section-III : Instructions to Bidders [ITB], Annexure, Forms & Format**
➢ Section-IV : General Conditions of Contract [GCC]***
➢ Section-V : Special Conditions of Contract [SCC]
➢ Section-VI : Specifications, Scope of Work and Drawing
➢ Section-VII : Schedule of Rates

*Request for Quotation’, wherever applicable, shall also form part of the Bidding Document.

** The subject tender is based on standard formats and applicability of some specific clauses may
be seen in Annexure-IV to Section-III i.e. BDS (Bidding Data Sheet).
*** General Conditions of Contract – Works is available on GAIL’s Tender website
([Link] Further, Hindi version of GCC is available on the
GAIL’s tender website for reference. However, in case of any discrepancy in English & its Hindi
translation, for interpretation and legal aspects, the English version shall prevail.

For participation in e-tender, instructions are mentioned at Annexure-III to Section-III.

7.2 The Bidder is expected to examine all instructions, forms, terms & conditions in the Bidding
Documents. The "Request for Quotation [RFQ] & Invitation for Bid (IFB)" together with all
its attachments thereto, shall be considered to be read, understood and accepted by the Bidders.
Failure to furnish all information required by the Bidding Documents or submission of a Bid
not substantially responsive to the Bidding Documents in every respect will be at Bidder's risk
and may result in the rejection of his Bid.
8 CLARIFICATION OF TENDER DOCUMENTS
8.1 A prospective Bidder requiring any clarification(s) of the Bidding Documents may notify GAIL
in writing by email at GAIL's mailing address indicated in the BDS no later than 02 (two) days
prior to pre-bid meeting (in cases where pre-bid meeting is scheduled) or 05 (five) days prior
to the due date of submission of bid in cases where pre-bid meeting is not scheduled. GAIL
reserves the right to ignore the bidders request for clarification if received after the aforesaid
period. GAIL may respond in writing to the request for clarification. GAIL's response including
an explanation of the query, but without identifying the source of the query will be uploaded
on e-tender portal / communicated to prospective bidders by e-mail.
8.2 Any clarification or information required by the Bidder but same not received by the Employer
at clause 8.1 (refer BDS for address) above is liable to be considered as "no clarification /
information required".

9 AMENDMENT OF BIDDING DOCUMENTS

9.1 At any time prior to the 'Bid Due Date', Employer may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding
Documents by addenda/ corrigendum.

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9.2 Any corrigendum thus issued shall be integral part of the Tender Document and shall be hosted
on the websites as provided at clause no. 2.0 (G) of IFB /communicated to prospective bidders
by e-mail. Bidders have to take into account all such corrigendum before submitting their Bid.
9.3 The Employer, if consider necessary, may extend the Bid Due Date in order to allow the Bidders
a reasonable time to furnish their most competitive bid taking into account the
addenda/corrigendum issued thereof.
[C] – PREPARATION OF BIDS
10 LANGUAGE OF BID:

The bid prepared by the Bidder and all correspondence, drawing(s), document(s), certificate(s)
etc. relating to the Bid exchanged by Bidder and GAIL shall be written in English language
only. In case a document, certificate, printed literature etc. furnished by the Bidder in a language
other than English, the same should be accompanied by an English translation duly
authenticated by the Indian Chamber of Commerce, in which case, for the purpose of
interpretation of the Bid, the English translation shall govern.

11. DOCUMENTS COMPRISING THE BID

11.1 IN CASE OF MANUAL TENDERING

In case the Bids are invited under the Manual two Bid system. The Bid prepared by the Bidder
shall comprise the following components sealed in 2 different envelopes:

11.1.1 ENVELOPE-I: "TECHNO-COMMERCIAL / UN-PRICED BID" shall contain the

following:
(a) 'Covering Letter' on Bidder's 'Letterhead' clearly specifying the enclosed contents with
index.
(b) 'Bidder's General Information', as per 'Form F-1'.
(c) Copies of documents, as specified in tender document
(d) Copy of Schedule of Rate (SOR) with prices blanked out mentioning quoted / not quoted
(as applicable) written against each item as a confirmation that the prices are quoted in
requisite format .
(e) 'Letter of Authority’ on the Letter Head, as per 'Form F-3'
(f) 'Agreed Terms and Conditions', as per 'Form F-5'
(g) 'Acknowledgement Cum Consent Letter', as per 'Form F-6'
(h) Duly attested documents in accordance with the "Bid Evaluation Criteria [BEC]"
establishing the qualification.
(i) Copy of Power of Attorney /copy of Board Resolution, in favour of the authorized
signatory of the Bid, as per clause no.2.7 of ITB
(j) EMD in original (in case of manual tendering) / copy of EMD (in case of e-Tender), as
per Clause 16 of ITB. Declaration for Bid Security as per provision of ITB.
(k) Undertaking as per Form-1 to Annexure-V to Section-III by MSE bidders and Class-I
Bidders seeking preference under Policy for purchase preference linked with Local
Content (PP-LC), if applicable.
(l) Undertaking as per Form-2 to Annexure-V to Section-III and Certification from the
statutory auditor or cost auditor of the company (in the case of companies) or from a

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practicing cost accountant or practicing chartered accountant (in respect of other than
companies) as per Form-3 to Annexure-V to Section-III (Applicable for all bidders
irrespective of seeking purchase preference or not).
(m) Undertaking as per Form-I to Section-II regarding Provisions for Procurement from a
Bidder which shares a land border with India
(n) All forms and Formats including Annexures
(o) ‘Integrity Pact’ as per ‘Form F-14’
(p) ‘Indemnity Bond’ as per ‘Form F-15’
(q) Tender Document, its Corrigendum/Amendment/Clarification(s) duly signed on each
page (in case of manual tendering)/ digitally signed (in case of e-Tender) by the
Authorized Signatory holding POA.
(r) Additional document specified in BDS, SCC, Scope of Supply or mentioned elsewhere
in the Tender Document, its Corrigendum/Amendment/Clarification(s).
(s) Any other information/details required as per Bidding Document

Note: All the pages of the Bid must be signed by the "Authorized Signatory" of the Bidder
holding POA.

11.1.2 ENVELOPE-II: Price Bid

i) The Prices are to be submitted strictly as per the Schedule of Rate of the bidding
documents. GAIL shall not be responsible for any failure on the part of the bidder to
follow the instructions.
ii) Bidders are advised NOT to mention Rebate/Discount separately, either in the SOR
format or anywhere else in the offer. In case Bidder(s) intend to offer any
Rebate/Discount, they should include the same in the item rate(s) itself under the
“Schedule of Rates (SOR)” and indicate the discounted unit rate(s) only.
iii) If any unconditional rebate has been offered in the quoted rate the same shall be
considered in arriving at evaluated price. However no cognizance shall be taken for any
conditional discount for the purpose of evaluation of the bids.
iv) In case, it is observed that any of the bidder(s) has/have offered suo-moto
Discount/Rebate after opening of unpriced bid but before opening of price bids such
discount /rebate(s) shall not be considered for evaluation. However, in the event of the
bidder emerging as the lowest evaluated bidder without considering the
discount/rebate(s), then such discount/rebate(s) offered by the bidder shall be considered
for Award of Work and the same will be conclusive and binding on the bidder.
v) In the event as a result of techno-commercial discussions or pursuant to seeking
clarifications / confirmations from bidders, while evaluating the un-priced part of the
bid, any of the bidders submits a sealed envelope stating that it contains revised prices;
such bidder(s) will be requested to withdraw the revised prices failing which the bid will
not be considered for further evaluation.

11.1.3 In case of bids invited under Single Bid System (clause no. 2.0(C) of IFB refers), all the
documents as specified at Clause 11.1.1 & 11.1.2 of ITB can be submitted in single envelope
/folder, as per instructions of Tender Document.

11.2 IN CASE OF E-TENDERING:

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Bidders are requested to refer instructions for participating in e-Tendering (Annexure-I to

Section III), Bidders manual kit and FAQs available in e-tender portal and bids submitted
manually shall be rejected. All pages of the Bid must be digitally signed by the "authorized
signatory" of the Bidder holding Power of Attorney. The Bid must be submitted on e-tender
portal ([Link] as follows:-

11.2.1 PART-I: “TECHNO-COMMERCIAL/UN-PRICED BID” comprising all the above

documents mentioned at 11.1.1 along with copy of EMD/Bid Security/Declaration for Bid
Security, copy of Power of Attorney and copy of integrity pact should be uploaded in the
technical bid in the e-tender portal.

Further, Bidders must submit the original " EMD, Power of Attorney, Integrity Pact (wherever
applicable) and any other documents specified in the Tender Document to the address
mentioned in IFB, in a sealed envelope, superscribing the details of Tender Document (i.e.
tender number & tender for) within 7 days from the date of un-priced bid opening.
Bidders are required to submit the EMD in original by Due Date and Time of Bid Submission
or upload a scanned copy of the same in the Part-I of the Bid. If the Bidder is unable to submit
EMD in original by Due Date and Time of Bid Submission, the Bidder is required to upload a
scanned copy of the EMD in Part-I of Bid, provided the original EMD, copy of which has been
uploaded, is received within 7 days from the Due Date of Bid Opening, failing which the Bid
will be rejected irrespective of their status/ranking in tendering process and notwithstanding
the fact that a copy of EMD was earlier uploaded by the Bidder.

11.2.2 PART-II: PRICE BID

The Prices are to be filled strictly in the Schedule of Rate of the bidding documents and
provision mentioned at para 11.1.2 hereinabove and to upload in Financial bid in the e-tender
portal.

11.3 In case of bids invited under single bid system, a single envelope containing all documents
specified at Clause 11.1.1 & 11.1.2 of ITB above form the BID. All corresponding conditions
specified at Clause 11.1.1 & 11.1.2 of ITB shall become applicable in such a case.

12 BID PRICES

12.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole works
as described in Bidding Documents, based on the rates and prices submitted by the Bidder and
accepted by the Employer. The prices quoted by the Bidders will be inclusive of all taxes except
GST (CGST & SGST/UTGST or IGST).
12.2 Prices must be filled in format for "Schedule of Rates [SOR]" enclosed as part of Tender
document. If quoted in separate typed sheets and any variation in item description, unit or
quantity is noticed; the Bid is liable to be rejected.
12.3 Bidder shall quote for all the items of "SOR" after careful analysis of cost involved for the
performance of the completed item considering all parts of the Bidding Document. In case any
activity though specifically not covered in description of item under "SOR" but is required to
complete the works as per Specifications, Scope of Work / Service, Standards, General
Conditions of Contract (“GCC"), Special Conditions of Contract ("SCC") or any other part of

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Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such
activity.
12.4 All duties, taxes and other levies [if any] payable by the Contractor under the Contract, or for
any other cause except final GST (CGST & SGST/ UTGST or IGST) shall be included in the
rates / prices and the total bid-price submitted by the Bidder.

Bidder shall indicate applicable rate of GST (CGST & SGST/ UTGST or IGST) in SOR.

12.5 Prices quoted by the Bidder, shall remain firm and fixed and valid till completion of the
Contract and will not be subject to variation on any account unless any price
escalation/variation is allowed elsewhere in the Tender Document.
12.6 The Bidder shall quote the prices in 'figures' & words. There should not be any discrepancy
between the prices indicated in figures and the price indicated in words. In case of any
discrepancy, the same shall be dealt as per clause no. 30 of ITB.
12.7 Bidder shall also mention the Service Accounting Codes (SAC) / Harmonized System of
Nomenclature (HSN) at the designated place in SOR.
13 GST (CGST & SGST/ UTGST or IGST)
13.1 Bidders are required to submit copy of the GST Registration Certificate while submitting the
bids wherever GST (CGST & SGST/UTGST or IGST) is applicable.
13.2 Quoted prices should be inclusive of all taxes and duties, except GST (CGST & SGST or
IGST or UTGST). Please note that the responsibility of payment of GST (CGST & SGST or
IGST or UTGST) lies with the Contractor only. Contractor providing taxable service shall
issue an e-Invoice/Invoice/Bill, as the case may be as per rules/ regulation of GST. Further,
returns and details required to be filled under GST laws & rules should be timely filed by
Contractor with requisite details.
Payments to Contractor for claiming GST (CGST & SGST/UTGST or IGST) amount will be
made provided the above formalities are fulfilled. Further, GAIL may seek copies of challan
and certificate from Chartered Accountant for deposit of GST (CGST & SGST/UTGST or
IGST) collected from Owner.
13.3 In case CBIC (Central Board of Indirect Taxes and Customs)/ any tax authority / any equivalent
government agency brings to the notice of GAIL that the Contractor has not remitted the
amount towards GST (CGST & SGST/UTGST or IGST) collected from GAIL to the
government exchequer, then, that Contactor shall be put under Holiday list of GAIL for period
of six months after following the due procedure. This action will be in addition to the right of
recovery of financial implication arising on GAIL.
13.4 In case of statutory variation in GST (CGST & SGST/UTGST or IGST), other than due to
change in turnover, payable on the contract value during contract period, the Contractor shall
submit a copy of the 'Government Notification' to evidence the rate as applicable on the Bid
due date and on the date of revision.
Beyond the contract period, in case GAIL is not entitled for input tax credit of GST (CGST &
SGST/UTGST or IGST), then any increase in the rate of GST (CGST & SGST/UTGST or
IGST) beyond the contractual delivery period shall be to Contractor’s account whereas any
decrease in the rate GST (CGST & SGST/UTGST or IGST) shall be passed on to the Owner.
Beyond the contract period, in case GAIL is entitled for input tax credit of GST (CGST &
SGST/UTGST or IGST), then statutory variation in quoted GST (CGST & SGST/UTGST
or IGST) on supply and on incidental services, shall be to GAIL’s account.

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Claim for payment of GST (CGST & SGST/UTGST or IGST)/ Statutory variation, should
be raised within two [02] months from the date of issue of 'Government Notification' for
payment of differential (in %) GST (CGST & SGST/UTGST or IGST), otherwise claim in
respect of above shall not be entertained for payment of arrears.
The base date for the purpose of applying statutory variation shall be the Bid Due Date.
13.5 Where GAIL is entitled to avail the input tax credit of GST (CGST & SGST/UTGST or
IGST):-
13.5.1 Owner/GAIL will reimburse the GST (CGST & SGST/UTGST or IGST) to the Contractor
at actuals against submission of E-Invoices/Invoices as per format specified in rules/ regulation
of GST to enable Owner/GAIL to claim input tax credit of GST (CGST & SGST/UTGST or
IGST) paid. In case of any variation in the executed quantities, the amount on which the GST
(CGST & SGST/UTGST or IGST) is applicable shall be modified in same proportion.
Returns and details required to be filled under GST laws & rules should be timely filed by
supplier with requisite details.
13.5.2 The input tax credit of quoted GST (CGST & SGST/UTGST or IGST) shall be considered
for evaluation of bids, as per evaluation criteria of tender document.
13.6 Where GAIL is not entitled to avail/take the full input tax credit of GST (CGST &
SGST/UTGST or IGST):-
13.6.1 Owner/GAIL will reimburse GST (CGST & SGST/UTGST or IGST) to the Contractor at
actuals against submission of E-Invoices/Invoices as per format specified in rules/ regulation
of GST subject to the ceiling amount of GST (CGST & SGST/UTGST or IGST) as quoted
by the bidder, subject to any statutory variations, except variations arising due to change in
turnover. In case of any variation in the executed quantities (If directed and/or certified by the
Engineer-In-Charge) the ceiling amount on which GST (CGST & SGST/UTGST or IGST)
is applicable will be modified on pro-rata basis.
13.6.2 The bids will be evaluated based on total price including quoted GST (CGST &
SGST/UTGST or IGST).
13.7 GAIL will prefer to deal with registered supplier of goods/ services under GST. Therefore,
bidders are requested to get themselves registered under GST, it not registered yet.
However, in case any unregistered bidder is submitting their bid, Bids will be evaluated as per
quoted prices without loading of GST (CGST & SGST/UTGST or IGST), if not quoted. their
prices will be loaded with applicable GST (CGST & SGST/UTGST or IGST) while evaluation
of bid (if applicable as per Govt. Act/ Law in vogue). Where GAIL is entitled for input credit
of GST (CGST & SGST/UTGST or IGST), the same will be considered for evaluation of bid
as per evaluation methodology of tender document. Further, an unregistered bidder is required
to mention its Income Tax PAN in bid document. Further, an unregistered bidder is required to
mention its Income Tax PAN in bid document..
13.8 In case GAIL is required to pay entire/certain portion of applicable GST (CGST &
SGST/UTGST or IGST) and remaining portion, if any, is to be deposited by Bidder directly
as per GST (CGST & SGST/UTGST or IGST) laws, entire applicable rate/amount of GST
(CGST & SGST/UTGST or IGST) to be indicated by bidder in the SOR.
Where GAIL has the obligation to discharge GST (CGST & SGST/UTGST or IGST) liability
under reverse charge mechanism and GAIL has paid or is /liable to pay GST (CGST &
SGST/UTGST or IGST) to the Government on which interest or penalties becomes payable
as per GST laws for any reason which is not attributable to GAIL or ITC with respect to such
payments is not available to GAIL for any reason which is not attributable to GAIL, then

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GAIL shall be entitled to deduct/ setoff / recover such amounts against any amounts paid or
payable by GAIL to Contractor / Supplier.
13.9 Contractor shall ensure timely submission of correct invoice(s) /e-invoice(s), as per GST rules/
regulation, with all required supporting document(s) within a period specified in Contract to
enable GAIL to avail input credit of GST (CGST & SGST/UTGST or IGST). Further, returns
and details required to be filled under GST laws & rules should be timely filed by Contractor
with requisite details.
If input tax credit is not available to GAIL for any reason not attributable to GAIL, then GAIL
shall not be obligated or liable to pay or reimburse GST (CGST & SGST/UTGST or IGST)
claimed in the invoice(s) and shall be entitled to deduct / setoff / recover such GST amount
(CGST & SGST/UTGST or IGST) or Input Tax Credit amount together with penalties and
interest, if any, against any amounts paid or becomes payable by GAIL in future to the
Contractor under this contract or under any other contract.
13.10 Anti-profiteering clause
As per Clause 171 of GST Act it is mandatory to pass on the benefit due to reduction in rate of
tax or from input tax credit to the consumer by way of commensurate reduction in prices. The
Contractor may note the above and quote their prices accordingly.
13.11 In case the GST rating of contractor on the GST portal / Govt. official website is negative /
black listed, then the bids may be rejected by GAIL. Further, in case rating of bidder is negative
/ black listed after award of work, then GAIL shall not be obligated or liable to pay or reimburse
GST to such c and shall also be entitled to deduct / recover such GST along with all penalties /
interest, if any, incurred by GAIL.
13.12 GST (CGST & SGST/UTGST or IGST) is implemented w.e.f. 01.07.2017 which subsumed
various indirect taxes and duties applicable before 01.07.2017. Accordingly, the provisions of
General Condition of Contract relating to taxes and duties which are subsumed in GST are
modified to aforesaid provisions mentioned in clause no. 12 and 13 of ITB.
13.13 GST, as quoted by the bidder in Schedule of Rates, shall be deemed as final and binding for the
purpose of bid evaluation (applicable for tenders where bidder quotes the GST rates). In case a
bidder enters “zero/blank” GST or an erroneous GST, the bid evaluation for finalizing the L1
bidder will be done considering the “Zero” or quoted GST rate, as the case may be. No request
for change in GST will be entertained after submission of bids.
In cases where the successful bidder quotes a wrong GST rate, for releasing the order, the
following methodology will be followed:
➢ In case the actual GST rate applicable is lower than the quoted GST rate, the actual GST
rate will be added to the quoted basic prices. The final cash outflow will be based on
actual GST rate.
➢ In case the actual GST rate applicable is more than the quoted GST rate, the basic prices
quoted will be reduced proportionately, keeping the final cash outflow the same as the
overall quoted amount.
Based on the Total Cash Outflow calculated as above, GAIL shall place orders.
13.14 Wherever TDS under GST Laws has been deducted from the invoices raised / payments made
to the Contractors, as per the provisions of the GST law / Rules, Contractors should accept
the corresponding GST-TDS amount populated in the relevant screen on GST common portal
([Link]). Further, Vendors should also download the GST TDS certificate from GST
common portal (reference path: Services > User Services > View/Download Certificates
option).
13.15 Provision w.r.t. E- Invoicing requirement as per GST laws:

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Supplier who is required to comply with the requirements of E-invoice for B2B transactions as
per the requirement of GST Law will ensure the compliance of requirement of E Invoicing
under GST law. If the invoice issued without following this process, such invoice can-not be
processed for payment by GAIL as no ITC is allowed on such invoices.
Therefore, all the payments to such supplier who is liable to comply with e-invoice as per GST
Laws shall be made against the proper e-invoice(s) only. Further, returns and details required
to be filled under GST laws & rules against such e-invoices should be timely filed by Supplier
of Goods with requisite details.
If input tax credit is not available to GAIL for any reason attributable to supplier (both for E-
invoicing cases and non-E-invoicing cases), then GAIL shall not be obligated or liable to pay
or reimburse GST (CGST & SGST/UTGST or IGST) claimed in the invoice(s) and shall be
entitled to deduct / setoff / recover such GST amount (CGST & SGST/UTGST or IGST) or
Input Tax Credit amount together with penalties and interest, if any, by adjusting against any
amounts paid or becomes payable in future to the supplier under this contract or under any other
contract.

To ensure compliance, undertaking in requisite format is to be submitted by supplier as per

format F-17 along with documents for release of payment.
13.16 New Taxes & duties: Any new taxes & duties, if imposed by the State/ Central Govt. of India
after the due date of bid submission but before the Contractual Completion Date, shall be
reimbursed to the Service Provider on submission of copy of notification(s) issued from State/
Central Govt. Authorities along with documentary evidence for proof of payment of such taxes
& duties, but only after ascertaining it’s applicability with respect to the Contract.
13.17 Full payment including GST will be released at the time of processing of invoice for payment,
where the GST amount reflects in Form GSTR-2A of GAIL. However, in case where the GST
amount doesn't reflect in Form GSTR-2A of GAIL, the amount of GST will be released after
reflection of GST amount of corresponding invoice in Form GSTR-2A of GAIL.

14 BID CURRENCIES:

Bidders must submit bid in Indian Rupees only.

15 BID VALIDITY

15.1 Bids shall be kept valid for period specified in BDS from the final Due date of submission of
bid'. A Bid valid for a shorter period may be rejected by GAIL as 'non-responsive'.
15.2 In exceptional circumstances, prior to expiry of the original 'Bid Validity Period', the Employer
may request the Bidders to extend the 'Period of Bid Validity' for a specified additional period.
The request and the responses thereto shall be made in writing or by email. A Bidder may refuse
the request without forfeiture of his EMD / Bid Security.

A Bidder agreeing to the request will not be required or permitted to modify his Bid, but will
be required to extend the validity of its EMD for the period of the extension and in accordance
with "ITB: Clause-16" in all respects.

16 EARNEST MONEY DEPOSIT

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16.1 Bid must be accompanied with earnest money (i.e Earnest Money Deposit (EMD) also known
as Bid Security) in the form of ‘Demand Draft’ / ‘Banker’s Cheque’ / ‘Insurance Surety
Bond’ / ‘Fixed Deposit Receipt’ [in favour of GAIL (India) Limited payable at place
mentioned in BDS] or ‘Bank Guarantee’ strictly as per the format given in form F 2 of the
Tender Document. Bidder shall ensure that EMD submitted in the form of ‘Bank Guarantee’
should have a validity of at least ‘two [02] months’ beyond the validity of the Bid. EMD
submitted in the form of ‘Demand Draft’ or ‘Banker’s Cheque’ should be valid for three
months.
Bid not accompanied with EMD, or EMD not in requisite format shall be liable for rejection.
The EMD shall be submitted in Indian Rupees only.

16.2 The bidder can also submit the EMD through online banking transaction i.e.
IMPS/NEFT/RTGS etc. For this purpose, the details of GAIL’s Bank Account are mentioned
under BDS. While remitting, the bidder must indicate EMD and tender/E-tender no. under
remarks. Bidders shall be required to submit/ upload the successful transaction details along-
with their bid/e-bid in addition to forwarding the details to dealing officer through email/letter
with tender reference number immediately after remittance of EMD. In absence of submitting/
uploading the remittance details, the bid is likely to be considered as bid not accompanied with
EMD. Further, in case of the online transaction, submission of EMD in original is not
applicable.

16.3 GAIL shall not be liable to pay any documentation charges, Bank charges, commission, interest
etc. on the amount of EMD. In case EMD is in the form of a ‘Bank Guarantee’, the same shall
be from any Indian scheduled Bank (excluding Co-operative banks and Regional Rural bank)
or a branch of an International Bank situated in India and registered with ‘Reserve Bank of
India’ as Scheduled Foreign Bank. However, in case of ‘Bank Guarantee’ from Banks other
than the Nationalized Indian Banks, the Bank must be commercial Bank having net worth in
excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this effect should
be made by such commercial Bank either in the ‘Bank Guarantee’ itself or separately on its
letterhead. Purchaser will verify the BG from issuing bank.

16.4 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.3” may be rejected by
GAIL as non-responsive.
16.5 Unsuccessful Bidder’s EMD will be discharged/ returned as promptly as possible, but not later
than ‘thirty [30] days’ after finalization of tendering process.
16.6 The successful Bidder’s EMD will be discharged upon the Bidder’s acknowledging the
‘Award’ and signing the ‘Agreement’ (if applicable) and furnishing the ‘Contract Performance
Security (CPS)/ Security Deposit’ pursuant to clause no. 38 of ITB.
16.7 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the
following cases:
(a) If a Bidder withdraws his Bid during the ‘Period of Bid Validity’
(b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice
(c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time
for Bid Submission).
(d) Violates any other condition, mentioned elsewhere in the Tender Document, which may
lead to forfeiture of EMD.
(e) In the case of a successful Bidder, if the Bidder fails to:

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(i) to acknowledge receipt of the “Notification of Award” / Fax of

Acceptance[FOA]”,
(ii) to furnish “Contract Performance Security / Security Deposit”, in accordance
with “ITB: Clause-38”
(iii) to accept ‘arithmetical corrections’ as per provision of the clause 30 of ITB.
16.8 In case EMD is in the form of ‘Bank Guarantee’, the same must indicate the Tender Document
No. and the name of Tender Document for which the Bidder is quoting. This is essential to have
proper correlation at a later date.
16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance with
the provisions of PPP-2012 and Clause 40 of ITB. However, Traders/Dealers/ Distributors
/Stockiest /Wholesaler are not entitled for exemption of EMD. The Government
Departments/PSUs are also exempted from the payment of EMD. Further, Startups are also
exempted from the payment of EMD.
16.10 In case of forfeiture of EMD/ Bid Security, the forfeited amount will be considered inclusive of
tax and tax invoice will be issued by GAIL. The forfeiture amount will be subject to final
decision of GAIL based on other terms and conditions of order/ contract.”
16.11 EMD/Bid Bond will not be accepted in case the same has reference of ‘remitter’/’financer’
other than bidder on the aforementioned financial instrument of EMD/ Bid Bond submitted by
the bidder and bid of such bidder will be summarily rejected.

16.12 Fixed Deposit Receipt as EMD:

(i) The Fixed Deposit Receipt (FDR) submitted by Bidder from a Bank based in India shall
be duly pledged / lien in favour of “GAIL (India) Limited”(GAIL).

The FDR shall be in the name of the GAIL (India) Limited A/c......(Name of Bidder)and
the Bidder cannot encash / pre-mature this FDR without the discharge letter /
NOC/approval of GAIL. However, GAIL can encash this FDR without the approval of
the Bidder in case of non-compliance of the terms of the tender.

The original FDR shall be accompanied by a confirmation letter in original on letter

head from the issuing bank to GAIL as per the format of “Third Party Deposit
Confirmation Letter” placed as Annexure F-19
Note: FDR (free from any encumbrance payable at place mentioned in BDS) along with
original confirmation letter in the manner mentioned above shall be uploaded/submitted
as per tender conditions.
Bank means - Any Indian scheduled Bank (excluding Co-operative banks and Regional
Rural bank) or a branch of an International Bank situated in India and registered with
‘Reserve Bank of India’ as Scheduled Foreign Bank. However, in case of “Fixed
Deposit’’ from Banks other than the Nationalized Indian Banks, the Bank must be
commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred
Crores] and a declaration to this effect should be made by such commercial Bank either
in the “Fixed Deposit’’ itself or separately on its letterhead. GAIL will verify the Fixed
Deposit Receipt from issuing bank.

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(ii) The FDR should have a validity of at least ‘two [02] months’ beyond the date on which
the bid expires.

(iii) Any dispute arising out of or in relation to the said FDR shall be subject to the exclusive
jurisdiction of courts at New Delhi.

(iv) FDR in Original and Third Party Deposit Confirmation Letter in Original has to be kept
in Custody of GAIL.

16A DECLARATION FOR BID SECURITY

MSEs, Start-Ups and CPSEs (to whom exemption is allowed as per extant guidelines in vogue)
are required to submit Declaration for Bid Security as per proforma at Form F-2A.

17 PRE-BID MEETING (IF APPLICABLE)

17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which
will be held at address specified in IFB. It is expected that a bidder shall not depute more than
02 representatives for the meeting.
17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that may
be raised at that stage and give hands-on e-tendering.
17.3 Text of the questions raised and the responses given, together with any responses prepared after
the meeting, will be uploaded on e-tender portal against the Tender as specified in "ITB: Clause-
8. Any modification of the Contents of Bidding Documents listed in "ITB: Clause-7.1", that
may become necessary as a result of the Pre-Bid Meeting shall be made by the Employer
exclusively through the issue of an Corrigendum pursuant to "ITB: Clause-9", and not through
the minutes of the Pre-Bid Meeting.
17.4 Non-attendance of the Pre-Bid Meeting will not be a cause for disqualification of Bidder.

18 FORMAT AND SIGNING OF BID

18.1 The original and all copies of the Bid shall be typed or written in indelible ink [in the case of
copies, photocopies are also acceptable] and shall be signed by a person or persons duly
authorized to sign on behalf of the Bidder (as per POA). The name and position held by each
person signing, must be typed or printed below the signature. All pages of the Bid except for
unamendable printed literature where entry(s) or amendment(s) have been made shall be
initialed by the person or persons signing the Bid.
18.2 The Bid shall contain no alterations, omissions, or additions, unless such corrections are
initialed by the person or persons signing the Bid.
18.3 In case of e-tendering, digitally signed documents to be uploaded as detailed in addendum to
ITB (Annexure-III to Section III).

19 ZERO DEVIATION AND REJECTION CRITERIA

19.1 ZERO DEVIATION: Deviation to terms and conditions of "Bidding Documents" may lead to
rejection of bid. GAIL will accept bids based on terms & conditions of "Bidding Documents"
only. Bidder may note GAIL will determine the substantial responsiveness of each bid to the

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Bidding Documents pursuant to provision contained in clause 29 of ITB. For purpose of this, a
substantially responsive bid is one which conforms to all terms and conditions of the Bidding
Documents without deviations or reservations. GAIL's determination of a bid's responsiveness
is based on the content of the bid itself without recourse to extrinsic evidence.

Bidder is requested not to take any deviation(s)/exception(s) to the terms & conditions of
Tender Document, and submit all requisite documents as mentioned in this Tender Document,
failing which their Bid will be liable for rejection. If a Bidder does not reply to the queries in
the permitted time frame then its Bid shall be evaluated based on the documents available in
the Bid.
As a principle, clarifications from bidders after opening of tenders will not be sought. However,
where clarifications / documents from the bidders on important aspects are absolutely necessary
for finalization of tender, clarifications from bidder can be asked. The request for clarification
shall be given in email/portal, asking the bidder to respond by a specified date, and also
mentioning therein that, if the bidder does not comply or respond by the date, his tender will be
liable to be rejected. Depending on the outcome, such tenders are to be ignored or considered
further. No change in prices or substance of the bid including specifications, shall be offered or
permitted. No post-bid clarification at the initiative of the bidder shall be entertained. The
shortfall information/ documents should be sought only in case of historical documents which
pre-existed bids and which have not undergone change since then.

19.2 REJECTION CRITERIA: Notwithstanding the above, deviation to the following

clauses of Tender document shall lead to summarily rejection of Bid:
(a) Firm Price
(b) Earnest Money Deposit / Bid Security/ Bid Security declaration, as applicable
(c) Specifications & Scope of Work
(d) Schedule of Rates / Price Schedule / Price Basis
(e) Duration / Period of Contract/ Completion schedule
(f) Period of Validity of Bid
(g) Price Reduction Schedule
(h) Contract Performance Security
(i) Guarantee / Defect Liability Period
(j) Arbitration / Resolution of Dispute/Jurisdiction of Court
(k) Force Majeure & Applicable Laws
(l) Integrity Pact, if Applicable
(m) Any other condition specifically mentioned in the tender document elsewhere that non-
compliance of the clause lead to rejection of bid
Note: Further, it is once again reminded not to mention any condition in the Bid which is
contradictory to the terms and conditions of Tender document.

20 E-PAYMENT

GAIL (India) Limited has initiated payments to Contractors electronically, and to facilitate the
payments electronically through 'e-banking'.
[D] – SUBMISSION OF BIDS

21 SUBMISSION, SEALING AND MARKING OF BIDS

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21.1 In case of e-tendering, bids shall be submitted through e-tender mode in the manner specified
elsewhere in tender document. No Manual/ Hard Copy (Original) offer shall be acceptable.
Physical documents shall be addressed to the owner at address specified in IFB.
21.2 In case of manual tendering bid must be submitted in sealed envelope. If the envelope is not
sealed & marked as per Clause No. 11 of ITB, the employer will assume no responsibility for
misplacement or pre-mature opening of the bid.
21.3 All the bids shall be addressed to the owner at address specified in IFB.
21.4 Bids submitted under the name of AGENT / REPRESENTATIVE /RETAINER/ ASSOCIATE
etc. on behalf of a bidder/affiliate shall not be accepted.

22 DEADLINE FOR SUBMISSION OF BIDS

22.1 In case of e-bidding, the bids must be submitted through e-tender mode not later than the date
and time specified in the tender documents/BDS.
22.2 In case of manual tendering EMD along with bid must be submitted within the due date & time,
as specified in Clause no. 2.0 (I) of IFB and place mentioned in BDS.
22.3 GAIL may, in exceptional circumstances and at its discretion, extend the deadline for
submission of Bids (8.0 and/or 9 of ITB refers). In which case all rights and obligations of
GAIL and the Bidders, previously subject to the original deadline will thereafter be subject to
the deadline as extended. Notice for extension of due date of submission of bid will be uploaded
on e-tender portal / communicated to the bidders.

23 LATE BIDS

23.1 Any bids received after the notified date and time of closing of tenders will be treated as late
bids.
23.2 In case of e-tendering, e-tendering system of GePNIC shall close immediately after the due date
for submission of bid and no bids can be submitted thereafter.
In case of manual tendering, bids received by GAIL after the due date for submission of bids
shall not be considered. Such late bids shall be returned to the bidder within “10 days” in
‘unopened conditions’. The EMD of such bidders shall be returned along with the un-opened
bid. In case of e-tendering, where the EMD/physical documents has been received but the bid
is not submitted by the bidder in the e-tendering portal, such bid bond/ physical documents
shall be returned immediately.
23.3 EMD /physical documents received to address other than one specifically stipulated in the
Tender Document will not be considered for evaluation/opening/award if not received to the
specified destination within stipulated date & time.
2.3.4 Unsolicited Bids or Bids received to address other than one specifically stipulated in the tender
document will not be considered for evaluation/opening/award if not received to the specified
destination within stipulated date & time.

24 MODIFICATION AND WITHDRAWAL OF BIDS

24.1 Modification and withdrawal of bids shall be as follows:-

24.1.1 IN CASE OF E- TENDERING

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The bidder may withdraw or modify its bid after bid submission but before the due date and
time for submission as per tender document.

24.1.2 IN CASE OF MANUAL BIDDING

The bidder may withdraw or modify its bid after bid submission but before the due date for
submission as per tender document provided that the written notice of the modification/
substitution/ withdrawal in received by GAIL prior to the deadline for submission of bid.
24.2 The modification shall also be prepared, sealed, marked and dispatched in accordance with the
provisions of the clause 11, 21 & 22 of ITB with relevant ‘Cut-Out Slip’ duly pasted and
mentioning on top of the envelope as “MODIFICATION”. In case of withdrawal of bid, the
Envelope containing withdrawal letter duly superscribing the envelope as “WITHDRAWAL”
and “Tender Document number :….”/ communication regarding withdrawal of bid with
“Tender Document number :….”/ must reach concerned dealing official of GAIL within Due
date & Time of submission of Bid. No bid shall be modified/ withdrawn after the Due Date &
Time for Bid submission.
24.3 Any withdrawal/ modification/substitution of Bid in the interval between the Due Date & Time
for Bid submission and the expiration of the period of bid validity specified by the Bidder in
their Bid shall result in the Bidder’s forfeiture of EMD pursuant to clause 16 of ITB invocation
of action as per Bid Security declaration and rejection of Bid.
24.4 The latest Bid submitted by the Bidder before Bid Due Date & Time shall be considered for
evaluation and all other Bid(s) shall be considered to be unconditionally withdrawn.

[E] – BID OPENING AND EVALUATION

25 EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

25.1 GAIL reserves the right to accept or reject any Bid, and to annul the Bidding process and reject
all Bids, at any time prior to award of Contract, without thereby incurring any liability to the
affected Bidder(s) or any obligations to inform the affected Bidder(s) of the ground for GAIL's
action. However, Bidder if so desire may seek the reason (in writing) for rejection of their Bid
to which GAIL shall respond quickly.
25.2 A bidder is to be permitted to send his representation in writing to dealing officer specified in
tender for rejection of bid. But, such representation has to be sent upto 10(ten) days from the
date of Notification of Award/FOA. A decision on representation will be taken by GAIL within
15 (fifteen) days of the receipt of the representation. Only a directly affected bidder can
represent in this regard:
i) Only a bidder who has participated in tender can make such representation
ii) In case technical bid has been evaluated before the opening of the financial bid, an
application for review in relation to the financial bid may be filed only by a bidder whose
technical bid is found to be acceptable
25.3 However, following decisions of GAIL shall not be subject to review:
a) Determination of the need for procurement;
b) Selection of the mode of procurement or bidding system;
c) Choice of selection procedure;
d) Provisions limiting participation of bidders in the procurement process;

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e) The decision to enter into negotiations with the L1 bidder;

f) Cancellation of the procurement process except where it is intended to subsequently
re-tender the same requirements;
g) Issues related to ambiguity in contract terms may not be taken up after a contract has
been signed, all such issues should be highlighted before consummation of the contract
by the vendor/ contractor; and
h) Complaints against specifications except under the premise that they are either vague or
too specific so as to limit competition may be permissible.

26 BID OPENING

26.1 Unpriced Bid Opening :

GAIL will open bids, in the presence of bidders’ designated representatives who choose to
attend, at date, time and location stipulated in the BDS. The bidders’ representatives, who are
present shall sign a bid opening register evidencing their attendance.
26.2 Priced Bid Opening:
26.2.1 GAIL will open the price bids of those Bidders who meet the qualification requirement and
whose bid is determined to be technically and commercially responsive. Techno-commercial
bid evaluation status will be are to be informed to all bidders (including informing the techno-
commercially not qualified Bidders). Price bids are to be opened in the presence of only techno-
commercially acceptable bidders, who are willing to attend the bid opening, at a pre-publicised
date, time and place or on the portal in case of e-procurement. The bidder’s name, bid price,
discount (if any) and any such details considered appropriate shall be read out during the price
bid opening. Offers should not, repeat not, be circulated amongst the bidder's representative.
Bidders selected for opening of their price bid shall be informed about the date & time of price
bid opening. Bidders may depute their authorized representative to witness the price bid
opening. The Bidders’ representatives, who are present shall sign a Price Bid Opening Register
evidencing their attendance and may be required to be present even on a short notice.

26.2.2 The price bids of those Bidders who were not found to be techno-commercially responsive shall
not be opened in both manual tendering and e-tendering.
26.3 In case of bids invited under the single bid system, bid shall be opened on the specified due
date & time.

27 CONFIDENTIALITY

Information relating to the examination, clarification, evaluation and comparison of bids, and
recommendations for the award of a contract, shall not be disclosed to bidders or any other
person not officially concerned with such a process until the award to the successful bidder.

28 CONTACTING THE EMPLOYER

28.1 From the time of bid opening to the time of contract award, no bidder shall contact GAIL on
any matter related to the bid, except on request and prior written permission.
28.2 Any effort by the bidder to influence GAIL in bid evaluation, bid comparison or contract award
decisions will vitiate the process and will result in the rejection of the bidder's bid and action

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shall be initiated as per the GAIL’s procedure for action in case Corrupt / Fraudulent / Collusive
/ Coercive practices in this regard apart from forfeiture of EMD/ Bid Security, if any.

29 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS

29.1 The employer’s determination of a bid’s responsiveness is based on the content of the bid only.
Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid:-
(a) Meets the "Bid Evaluation Criteria" of the Bidding Documents;
(b) Has been properly signed;
(c) Is accompanied by the required 'Earnest Money / Bid Security / Bid Security
Declaration ';
(d) Is substantially responsive to the requirements of the Bidding Documents; and
(e) Provides any clarification and/or substantiation that the Employer may require to
determine responsiveness pursuant to "ITB: Clause-29.2"
29.2 A substantially responsive Bid is one which conforms to all the terms, conditions and
specifications of the Bidding Documents without material deviations or reservations or
omissions for this purpose employer defines the foregoing terms below:-
a) “Deviation” is departure from the requirement specified in the tender documents.
b) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirement in the tender documents.
c) “Omission” is the failure to submit part or all of the information or documentation
required in the tender document for evaluation of bid.
29.3 A material deviation, reservation or omission is one that,
a) If accepted would,
i) Affect in any substantial way the scope, quality, or performance of the job as
specified in tender documents.
ii) Limit, in any substantial way, inconsistent with the Tender Document, the
Employer’s rights or the tenderer’s obligations under the proposed Contract.
b) If rectified, would unfairly affect the competitive position of other bidders presenting
substantially responsive bids.
29.4 The employer shall examine all aspects of the bid to confirm that all requirements have been
met without any material deviation, reservation or omission.
29.5 Tenders that do not meet the basic requirements specified in the bid documents are to be
treated as unresponsive {both during Techno-commercial evaluation and Financial
Evaluation in case of Two Bid System ) and will be ignored. All tenders received will
first be scrutinized to see whether the tenders meet the basic requirements as incorporated
in the Bid document and to identify unresponsive tenders, if any. Unresponsive offers
may not subsequently be made responsive by correction or withdrawal of the non-
conforming stipulation. Some important points on the basis of which a tender may be
declared as unresponsive and be ignored during the initial scrutiny are :
i) The tender is not in the prescribed format or is unsigned or not signed as per the
stipulations in the bid document;
ii) The required EMD has not been provided or exemption from EMD is claimed without
acceptable proof of exemption;
iii) The bidder is not eligible to participate in the bid as per laid down eligibility criteria

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iv) The bid departs from the essential requirements specified in the bidding document
(for example, the tenderer has not agreed to give the required contract performance
security); or
v) Against a schedule in the list of requirements in the tender enquiry, the tenderer has not
quoted for the entire requirement as specified in that schedule (example: in a
schedule, it has been stipulated that the tenderer will supply the equipment, install and
commission it and also train the GAIL’s personnel for operating the equipment. The
tenderer has, however, quoted only for supply of the equipment).

30 CORRECTION OF ERRORS

30.1 Bids determined to be substantially responsive will be checked by the Employer for any
arithmetic errors. Errors in Price Schedule/Schedule of Rates (SOR) will be corrected by the
Employer as follows:

(i) When there is a difference between the rates in figures and words, the rate which
corresponds to the amount worked out by the Bidder (i.e. by multiplying the quantity
and rate) shall be taken as correct.
(ii) When the rate quoted by the Bidder in figures and words tallies but the amount is
incorrect, the rate quoted by the bidder shall be taken as correct and not the amount. The
amount shall be re-calculated/ corrected accordingly.
(iii) In case a Price Schedule/ Schedule of Rate is having provisions of sub-total and grand
total and there is a difference between “sum of sub totals” and “grand total”, “sum of
sub totals” shall be taken as correct
(iv) When it is not possible to ascertain the correct rate, in the manner prescribed above, the
rate as quoted in words shall be adopted and the amount worked out, for comparison
purposes.
(v) In case any bidder does not quote for any item(s) of “Schedule of Rates” and the
estimated price impact is more than 10% of the quoted price, then the bid will be
rejected. If such price impact of unquoted items is 10% or less of his quoted price, then
the unquoted item(s) shall be loaded highest of the price quoted by the other bidders .
If such bidder happens to be lowest evaluated bidder, price of unquoted items shall be
considered as included in the quoted bid price.

30.2 The discrepancy in bid shall be conveyed to the bidder asking to respond by a target date and if
the bidder does not agree with observation, its Bid is liable to be rejected, and the EMD shall
be forfeited / actions shall be invoked as per Declaration for Bid Security.

30.3 The above provision of Correction of Error shall not be applicable for E-tendering.

31 CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS

Not Applicable. All bids submitted must be in the currency specified at clause 14 of ITB.

32 EVALUATION AND COMPARISON OF BIDS

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Bid shall be evaluated as per evaluation criteria mentioned in Section-II of bidding documents
on lowest bid.
In case of a tie at the lowest bid (L1) position between two or more bidders, the order/LoA will
be placed on the bidder who has higher/ highest turnover in last audited financial year.
In case there is a tie at the lowest bid (L1) position between only startup bidders and none of
them has past turnover, the order/LoA will be placed on the startup who is registered earlier
with Department for Promotion of Industry and Internal Trade.

33 COMPENSATION FOR EXTENDED STAY [FOR APPLICABILITY OF THIS CLAUSE

REFER BDS]:-

33.1 In the event of the time of completions of work getting delayed beyond the time schedule
indicated in the bidding document plus a grace period equivalent to 1/5th of the time schedule
or 2 months whichever is more, due to reasons solely attributable to Employer, the Contractor
shall be paid compensation for extended stay (ESC) to maintain necessary organizational set
up and construction tools, tackles, equipment etc. at site of work.
33.2 The bidder is required to specify the rate for ESC on per month basis in the “PRICE PART” of
his bid, which shall be considered for loading on total quoted price during price bid evaluation.
The loading shall be done of a period of 1/5th of the time schedule or 1 month whichever is less.
In case bidder does not indicate the rate for ESC in price part of his bid, it will be presumed
that no ESC is required by the bidder and evaluation shall be carried out accordingly.

34 PURCHASE PREFERENCE

Purchase Preference as per Policy to Provide Purchase Preference as per Public Procurement
(Preference to Make in India), Order 2017 / Domestically Manufactured Telecom Products
(DMTP) shall be allowed as per Government instructions in vogue, as applicable from time to
time.
The Policy to Provide Purchase Preference as per Public Procurement (Preference to Make in
India), Order 2017 is enclosed as Annexure V to ITB herewith.
Bidders are required to select the applicable purchase preference (i.e. preference category)
option while submitting the bid on GePNIC portal. However, evaluation and applicability of
purchase preference policy will be based on the confirmations & documents submitted by the
bidder in the their bid irrespective of selection made on GePNIC portal.

[F] – AWARD OF CONTRACT

35 AWARD

Subject to "ITB: Clause-29", GAIL will award the Contract to the successful Bidder whose Bid
has been determined to be substantially responsive and has been determined as the lowest
provided that bidder, is determined to be qualified to satisfactorily perform the Contract.
“GAIL intent to place the contract directly on the address from where Goods are
produced/dispatched or Services are rendered. In case, bidder wants contract at some other
address or supply of Goods/ Services from multiple locations, bidder is required to provide
in their bid address on which order is to be placed”.

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GAIL will place the Contract directly on the successful bidder from whom the bid has been
received & evaluated and will not place order on other entities such as subsidiary, business
associate or partner, dealer/distributor etc. of the Bidder.

36 NOTIFICATION OF AWARD / FAX OF ACCEPTANCE

36.1 Prior to the expiry of ‘Period of Bid Validity’, Notification of Award for acceptance of the Bid
will be intimated to the successful Bidder by GAIL either by E - mail /Letter or like means
defined as the “Fax of Acceptance (FOA)”. The Contract shall enter into force on the date of
FOA and the same shall be binding on GAIL and successful Bidder (i.e. Contractor). The
Notification of Award/FOA will constitute the formation of a Contract. The detailed Letter of
Acceptance shall be issued thereafter incorporating terms & conditions of Tender Document,
Corrigendum, Clarification(s), Bid and agreed variation(s)/acceptable deviation(s), if any.
GAIL may choose to issue Notification of Award in form of detailed Letter of Acceptance
without issuing FOA and in such case the Contract shall enter into force on the date of detailed
Letter of Acceptance only.
36.2 Contract period shall commence from the date of "Notification of Award" or as mentioned in
the Notification of Award. The "Notification of Award" will constitute the formation of a
Contract, until the Contract has been effected pursuant to signing of Contract Agreement as per
"ITB: Clause-37".
36.3 Upon the successful Bidder's / Contractor's furnishing of 'Contract Performance Security /
Security Deposit', pursuant to "ITB: Clause-38", GAIL will promptly discharge his 'Earnest
Money Deposit / Bid Security', pursuant to "ITB: Clause-16"
36.4 The Order/ contract value mentioned above is subject to Price Reduction Schedule clause.
36.5 GAIL will award the Contract to the successful Bidder, who, within 'fifteen [15] days' of receipt
of the same, shall sign and return the acknowledged copy to GAIL.

37 SIGNING OF AGREEMENT
37.1 The successful Bidder/Contractor shall be required to execute an 'Agreement' (in case the
individual contract value as specified in Notification of Award is more than INR 10 Lakhs
exclusive of GST) in the proforma given in this Bidding Document on a 'non-judicial stamp
paper' of appropriate value [cost of the 'stamp-paper' shall be borne by the successful
Bidder/Contractor] and of ' State of India' specified in Bidding Data Sheet (BDS) only, within
'fifteen [15] days' of receipt of the "Fax of Acceptance [FOA]" of the Tender by the successful
Bidder/Contractor failure on the part of the successful Bidder/Contractor to sign the
'Agreement' within the above stipulated period, shall constitute sufficient grounds for forfeiture
of EMD/Security Deposit / Action as per Bid Security declaration.
37.3 Bidders can request Bilingual (Hindi & English) Contract Agreement. The format for signing
Contract Agreement in English is attached with this Bidding Document.

38 CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT [CPS/SD]

38.1 Within 30 days of the receipt of the notification of award/ Fax of Acceptance from GAIL, the
successful bidder shall furnish the Contract Performance Security (CPS) in accordance with of
General Conditions of the Contract. The CPS shall be in the form of either Banker’s Cheque or
Demand Draft or or Insurance SuretyBond or Fixed Deposit Receipt or Bank Guarantee or

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Letter of Credit and shall be in the currency of the Contract. However, CPS shall not be
applicable in cases wherein the individual contract value as specified in Notification of Award
is less than INR 5 Lakh (exclusive of GST).
38.2 The contract performance security shall be for an amount equal to specified in Bidding Data
Sheet (BDS) towards faithful performance of the contractual obligations and performance of
equipment. For the purpose of CPS, Contract/order value shall be exclusive of GST (CGST &
SGST/UTGST or IGST).
Bank Guarantee towards CPS shall be from any Indian scheduled bank (excluding Co-operative
banks and Regional Rural bank) or a branch of an International bank situated in India and
registered with Reserve bank of India as scheduled foreign bank. However, in case of bank
guarantees from banks other than the Nationalized Indian banks, the bank must be a commercial
bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made
by such commercial bank either in the Bank Guarantee itself or separately on its letterhead.
38.3 Failure of the successful bidder to comply with the requirements of this article shall constitute
sufficient grounds for consideration of the annulment of the award and forfeiture of the EMD /
action as per declaration for Bid Security.
38.4 The CPS has to cover the entire contract value including extra works/services also. As long as
the CPS submitted at the time of award take cares the extra works/ services executed and total
executed value are within the awarded contract price, there is no need for additional CPS. As
soon as the total executed value is likely to burst the ceiling of awarded contract price, the
contractor should furnish additional CPS.
38.5 Further, Ministry of Finance (MOF) Department of financial service has issued direction for
submission of Bank Guarantee through online vide letter ref number [Link].7/112/2011-BOA
dated 17th July 2012. The successful bidder can submit CPS online through issuing bank to
GAIL directly as per the above direction including its revisions, if any. In such cases
confirmation will not be sought from issuing banker by GAIL.
38.6 In addition to existing specified form (i.e. Demand Draft (DD)/ Banker’s Cheque/ Bank
Guarantee/Letter of Credit) mentioned in tender documents for submission of Security Deposit/
Contract Performance Security, the successful bidder can also submit the Security Deposit/
Contract Performance Security through online banking transaction i.e.
IMPS/NEFT/RTGS/SWIFT etc. For this purpose, the details of GAIL’s Bank Account is
mentioned in BDS. Further, in case a successful Bidder is willing to furnish CPS through
SWIFT, the details may be obtained from Purchase Officer immediately after receipt of FOA.

While remitting such online transaction, the bidder must indicate “Security Deposit/ Contract
Performance Security against FOA/DLOA no. _______ (contractor to specify the
FOA/DLOA No.)” under remarks column of such transaction of respective bank portal. The
contractor/vendor shall be required to submit the successful transaction details to the dealing
officer immediately through email/letter and necessarily within 30 days from the date of Fax of
Acceptance.
38.7 In case of forfeiture of Contract Performance Security/ Security Deposit in terms of GCC, the
forfeited amount will be considered inclusive of tax and tax invoice will be issued by GAIL.
The forfeiture amount will be subject to final decision of GAIL based on other terms and
conditions of order/ contract.
38.8 The Contractor will also submit covering letter along with CPS as per format at F-4.

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38.9 CPBG/Security Deposit will not be accepted in case the same has reference of
‘remitter’/’financer’ other than bidder on the aforementioned financial instrument of CPBG/
Security Deposit submitted by the Contractor.
38.10 The first payment to vendor is to be released only after submission of CPS / Security Deposit
(SD).
38.11 Before the CPS / Security Deposit (SD) is released a "No Claim Certificate" is to be submitted
by the supplier/vendor.
38.12 A penal interest of Marginal Cost of Fund based Lending Rate (MCLR) for one year charged
by SBI (applicable on due date of submission of CPBG/SD i.e. 30th day after issuance of
FOA/Notification of award ) plus 4.0% p.a (on CPBG/SD amount) shall be charged for delay
beyond 30 days i.e. from 31st days after issuance of FOA/Notification of award.
38.13 Security Deposit /Contract Performance Guarantee can be submitted at the bidder's option, in
the form of a bank guarantee (including e- bank guarantee), Demand Draft (DD), Insurance
Security Bond, online banking transaction, Fixed Deposit Receipt Banker's Cheque, a letter of
credit to be denominated in the currency of contract for the amount as applicable.

38.19 Fixed Deposit Receipt as CPS:

(i) The Fixed Deposit Receipt (FDR) submitted by Vendor/Contractor from a Bank based
in India shall be duly pledged / lien in favour of “GAIL (India) Limited”(GAIL).

The FDR shall be in the name of the GAIL (India) Limited A/c ......(Name of
Vendor/Contractor) and the Vendor/Contractor cannot encash / pre-mature this FDR
without the discharge letter / NOC/approval of GAIL. However, GAIL can encash this
FDR without the approval of the Vendor/Contractor in case of non-compliance of the
terms of the order/contract.

The original FDR shall be accompanied by a confirmation letter in original on letter

head from the issuing bank to GAIL as per the format of “Third Party Deposit
Confirmation Letter” placed as Annexure F-19
Note : FDR (free from any encumbrance payable at place mentioned in BDS) along with
original confirmation letter in the manner mentioned above shall be submitted by the
Vendor/Contractor within 30 days of the receipt of the notification of award/ FOA from
GAIL.
Here Bank means - Any Indian scheduled Bank (excluding Co-operative banks and
Regional Rural bank) or a branch of an International Bank situated in India and
registered with ‘Reserve Bank of India’ as Scheduled Foreign Bank. However, in case
of “Fixed Deposit’’ from Banks other than the Nationalized Indian Banks, the Bank must
be commercial Bank having net worth in excess of Rs. 100 Crores [Rupees One Hundred
Crores] and a declaration to this effect should be made by such commercial Bank either
in the “Fixed Deposit’’ itself or separately on its letterhead. GAIL will verify the Fixed
Deposit Receipt from issuing bank.
(ii) The FDR submitted should have a validity of at least ‘three [03] months’ beyond the
Warranty Period/Defect Liability Period.

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(iii) Any dispute arising out of or in relation to the said FDR shall be subject to the exclusive
jurisdiction of courts at New Delhi.

(iv) FDR in Original and Third Party Deposit Confirmation Letter in Original has to be kept
in Custody of GAIL.

39 PROCEDURE FOR ACTION IN CASE CORRUPT/ FRAUDULENT/COLLUSIVE/

COERCIVE PRACTICES

39.1 Procedure for action in case Corrupt/ Fraudulent/Collusive/Coercive Practices is enclosed at

Annexure-I.
39.2 The Fraud Prevention Policy document is available on GAIL’s website ([Link])
39.3 Name and contact details of nodal officer- Refer BDS for details

39.4 NON-APPLICABILITY OF ARBITRATION CLAUSE IN CASE OF BANNING OF

VENDORS/ SUPPLIERS / CONTRACTORS/BIDDERS/ CONSULTANTS INDULGED
IN FRAUDULENT/ COERCIVE PRACTICES
Notwithstanding anything contained contrary in GCC and other "CONTRACT
DOCUMENTS", in case it is found that the Contractors / Bidders indulged in fraudulent/
coercive practices at the time of bidding, during execution of the contract etc., and/or on other
grounds as mentioned in GAIL’s “Procedure for action in case
Corrupt/Fraudulent/Collusive/Coercive Practices” (Annexure-I to Section-III), the
contractor/bidder shall be banned (in terms of aforesaid procedure) from the date of issuance of
such order by GAIL (India) Ltd., to such Contractors/Bidders.

The Contractor/ Bidder understands and agrees that in such cases where Contractor/ Bidder has
been banned (in terms of aforesaid procedure) from the date of issuance of such order by GAIL
(India) Limited, such decision of GAIL (India) Limited shall be final and binding on such
Contractor/ Bidder and the ‘Arbitration clause’ in the GCC and other "CONTRACT
DOCUMENTS" shall not be applicable for any consequential issue /dispute arising in the
matter.

40 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES

40.1 Government of India, vide Gazette of India No. 503 dated 26.03.2012 proclaimed the Public
Procurement Policy for Micro and Small Enterprises (MSEs). The following benefit is available
in case of work contract also:
i) Issue of tender document to MSEs free of cost.
ii) Exemption to MSEs from payment of EMD/Bid Security.

40.2 In case Bidder is a Micro or Small Enterprise, the Bidder shall submit Udyam
Registration Certificate for availing benefit under Public Procurement Policy for MSEs-
2012.

Vide Gazette notification dated 18.10.2022 of Ministry of MSME, the following is notified:

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“In case of an upward change in terms of investment in plant and machinery or equipment or
turnover or both, and consequent re-classification, an enterprise shall continue to avail of all
nontax benefits of the category (micro or small or medium) it was in before the re-classification,
for a period of three years from the date of such upward change”

Accordingly, in case of upward change in status, MSE bidder is required to submit the
previous certificate also to get the MSE benefit.

The above documents submitted by the bidder shall be duly certified by the Chartered
Accountant (not being an employee or a Director or not having any interest in the bidder’s
company/firm) and notary public with legible stamp.
If the bidder does not provide the above confirmation or appropriate document or any evidence,
then it will be presumed that they do not qualify for any preference admissible in the Public
Procurement Policy (PPP) 2012.
Further, MSEs who are availing the benefits of the Public Procurement Policy (PPP) 2012 get
themselves registered with MSME Data Bank being operated by NSIC, under SME Division,
M/o MSME, in order to create proper data base of MSEs which are making supplies to CPSUs.
40.3 If against an order placed by GAIL, successful bidder(s) (other than Micro/Small Enterprise) is
procuring material/services from their sub-vendor who is a Micro or Small Enterprise as per
provision mentioned at clause no.40.2 with prior consent in writing of the purchasing
authority/Engineer-in-charge, the details like Name, Registration No., Address, Contact No.
details of material & value of procurement made, etc. of such Enterprises shall be furnished by
the successful bidder at the time of submission of invoice/Bill.
40.4 The benefit of policy are not extended to the traders/dealers/ Distributors
/Stockiest/Wholesalers.
40.5 NSIC has initiated a scheme of “Consortia and Tender Marketing Scheme” under which they
are assisting the Micro & Small enterprises to market their products and services through tender
participation on behalf of the individual unit or through consortia.
Accordingly, if the MSEs or the consortia, on whose behalf the bid is submitted by NSIC, is
meeting the BEC and other terms and conditions of tender their bid will be considered for
further evaluation.
Further, in such cases a declaration is to be submitted by MSE/ consortia on their letter head (s)
that all the terms and conditions of tender document shall be acceptable to them.
40.6 It may be noted that Government of India has implemented Trade Receivable Discounting
System (TReDS) to address challenges faced by MSMEs in delayed payments (after
receipt/acceptance of Material/Services) from Government buyers leading to shortfall of
Working Capital. TReDS is an online electronic institutional mechanism for facilitating the
financing of trade receivables of MSMEs through multiple financiers. GAIL is already
registered on the following TReDS platform:
• M/s Receivable Exchange of India (RXIL), Mumbai
• M/s Mynd Solutions Private Limited (Mynd), New Delhi
• M/s A. TREDS (Invoicemart), Mumbai
MSME Bidders are required to register on the TReDS platform. The MSME vendors can avail
the TReDS facility, if they want to.

40.7 Interest payment on delayed payments to MSME is payable in line with Micro, Small and

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Medium Enterprises Development Act, 2006

41 AHR ITEMS

In item rate contract where the quoted rates for the items exceed 50% of the estimate rates, such
items will be considered as Abnormally High Rates (AHR) items and payment of AHR items
beyond the SOR stipulated quantities shall be made at the lowest amongst the following rates:
I) Rates as per SOR, quoted by the Contractor.
II) Rate of the item, which shall be derived as follows:
a. Based on rates of Machine and labour as available from the contract (which
includes contractor’s supervision, profit, overheads and other expenses).
b. In case rates are not available in the contract, rates will be calculated based on
prevailing market rates of machine, material and labour plus 15% to cover
contractor’s supervision profit, overhead & other expenses.

42 VENDOR PERFORMANCE EVALUATION

Shall be as stipulated Annexure II to ITB herewith.

43 INCOME TAX & CORPORATE TAX

43.1 Income tax deduction shall be made from all payments made to the contractor as per the rules
and regulations in force and in accordance with the Income Tax Act prevailing from time to
time.
43.2 Corporate Tax liability, if any, shall be to the contractor’s account.
43.3 TDS

(i) TDS, wherever applicable, shall be deducted as per applicable act/law/rule.

(ii) Higher rate of TDS for non-filers of ITR
As per Section 206AB of Income Tax Act, 1961, in case of any vendor/customer who
does not filed their Income Tax Return for both of the two previous years preceding to
current year and aggregate amount of TDS is more than or equal to 50,000/- in each of
those previous two years (or limit defined by Govt. from time to time), then TDS will
be deducted at the higher of following rates:
(I) Twice the rate mentioned in relevant TDS section.
(II) Twice the rate or rates in force
(III) 5%

43.4 MENTIONING OF PAN NO. IN INVOICE/BILL

As per CBDT Notification No. 95/2015 dated 30.12.2015, mentioning of PAN no. is mandatory
for procurement of goods / services/works/consultancy services exceeding Rs. 2 Lacs per
transaction or as amended from time to time.
Accordingly, contractor should mention their PAN no. in their invoice/ bill for any transaction
exceeding Rs. 2 lakhs or as amended from time to time. As provided in the notification, in case
contractor do not have PAN no., they have to submit declaration in Form 60 along with invoice/
bill for each transaction.

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Payment of contractor shall be processed only after fulfilment of above requirement

44 DISPUTE RESOLUTION MECHANISM

44.1 QUARTERLY CLOSURE OF THE CONTRACT AND SAMADHAN MECHANISM

During execution of orders, various issues may arise. In order to timely detect and to address
the contractual issue(s) during the execution of contracts, GAIL has introduced a mechanism of
Quarterly Closure of the contract, under which all the related issues /disputes will be monitored
and addressed on quarterly basis for resolution. Vendor (hereinafter referred ‘Vendor’) should
first refer any issues/disputes to Engineer-in-Charge (EIC) for LOA/contracts/ Dealing C&P
Executive for Purchase Orders and co-operate them for smooth execution of the contract and to
timely address the issues, if any. For applicability of ‘Quarterly Closure’, please refer BDS.
In case issue is not resolved by above, Supplier may submit their issue(s) to Vendor Grievance
Portal “Samadhan”, which will be addressed by GAIL within 15 days. The Samadhan Portal
is available at [Link] .
Accordingly, the methodology for resolution of issue(s)/ grievance (s) of Vendor/Supplier shall
be as under:
(i) Any issue should be first referred to EIC for LOA/contracts/ Dealing C&P Executive for
Purchase Orders.
(ii) In case issue is not resolved, Vendor may submit their issue/ grievance through online
Vendor Grievance Portal-“Samadhan”.
(iii) In case, Vendor is not satisfied, there is a provision of escalation of issue to higher
authority in GAIL. This option is available two times to vendor.
(iv) Further, issue(s) can only be submitted upto 1 month after closure of respective Contract.
(v) Vendor should refer their issue/ grievance through above mode only. Issue/ grievance
received through any other mode shall not be entertained.

44.2 CONCILIATION AND ARBITRATION

1.0 CONCILIATION
GAIL (India) Limited has framed the Conciliation Rules 2010 in conformity with Part – III of
the Arbitration and Conciliation Act 1996 as amended from time to time for speedier, cost
effective and amicable settlement of disputes through conciliation. All issue(s)/dispute(s)
arising under the Contract, which cannot be mutually resolved within a reasonable time as per
clause no. 44.1, may be referred for conciliation in accordance with GAIL Conciliation Rules
2010 as amended from time to time A copy of the said rules have been made available on
GAIL’s web site i.e [Link].
Where invitation for Conciliation has been accepted by the other party, the Parties shall attempt
to settle such dispute(s) amicably under Part-III of the Arbitration and 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 invoke Arbitration Clause. For the purpose of this clause, the option of ‘Conciliation’
shall be deemed to have been exhausted, even in case of rejection of ‘Conciliation’ by any of
the Parties.
2.0 ARBITRATION

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All issue(s)/dispute(s) excluding the matters that have been specified as excepted matters and
listed at clause no. 2.6 and which cannot be resolved through Conciliation, such
issue(s)/dispute(s) shall be referred to arbitration for adjudication by Sole Arbitrator.
The party invoking the Arbitration shall have the option to either opt for Ad-hoc Arbitration
as provided at Clause 2.1 below or Institutionalized Arbitration as provided at Clause 2.2
below, the remaining clauses from 2.3 to 2.7 shall apply to both Ad-hoc and Institutional
Arbitration:-
2.1 On invocation of the Arbitration clause by either party, GAIL shall suggest a panel of
three independent and distinguished persons (Retd Supreme Court & High Court Judges
only) to the other party from the Panel of Arbitrators maintained by ‘Delhi International
Arbitration Centre (DIAC) 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 from GAIL suggesting the panel of arbitrators, the
right of selection of the sole arbitrator by the other party shall stand forfeited and GAIL
shall appoint the Sole Arbitrator from the suggested panel of three Arbitrators for
adjudication of dispute(s). The decision of GAIL on the appointment of the sole
arbitrator shall be final and binding on the other party. The fees payable to Sole
Arbitrator shall be governed by the fee Schedule of ‘‘Delhi International Arbitration
Centre’.
OR
2.2 If a dispute arises out of or in connection with this contract, the party invoking the
Arbitration shall submit that dispute to any one of the Arbitral Institutions i.e
ICADR/ICA/DIAC/SFCA and that dispute shall be adjudicated in accordance with their
respective Arbitration Rules. The matter shall be adjudicated by a Sole Arbitrator who
shall necessarily be a Retd Supreme Court/High Court Judge to be appointed/nominated
by the respective institution. The cost/expenses pertaining to the said Arbitration shall
also be governed in accordance with the Rules of the respective Arbitral Institution. The
decision of the party invoking the Arbitration for reference of dispute to a specific
Arbitral institution for adjudication of that dispute shall be final and binding on both the
parties and shall not be subject to any change thereafter. The institution once selected at
the time of invocation of dispute shall remain unchanged.
2.3 The cost of arbitration proceedings shall be shared equally by the parties.
2.4 The Arbitration proceedings shall be in English language and the seat, venue and place
of Arbitration shall be New Delhi, India only.
2.5 Subject to the above, the provisions of Arbitration & Conciliation Act 1996 and any
amendment thereof shall be applicable. All matter relating to this Contract and arising
out of invocation of Arbitration clause are subject to the exclusive jurisdiction of the
Court(s) situated at New Delhi.
2.6 List of Excepted matters:
a) Dispute(s)/issue(s) involving claims below Rs 25 lakhs and above Rs 25 crores.
b) Dispute(s)/issue(s) relating to indulgence of Contractor/Vendor/Bidder in
corrupt/fraudulent/collusive/coercive practices and/or the same is under
investigation by CBI or Vigilance or any other investigating agency or
Government.

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c) Dispute(s)/issue(s) wherein the decision of Engineer-In-Charge/owner/GAIL

has been made final and binding in terms of the Contract.
2.7. Disputes involving claims below Rs 25 Lakhs and above Rs. 25 crores:- Parties mutually
agree that dispute(s)/issue(s) involving claims below Rs 25 Lakhs and above Rs 25
crores shall not be subject matter of Arbitration and are subject to the exclusive
jurisdiction of the Court(s) situated at New Delhi.
3. GOVERNING LAW AND JURISDICTION:
The Contract shall be governed by and construed in accordance with the laws in force
in India. The Parties hereby submit to the exclusive jurisdiction of the Courts situated at
New Delhi for adjudication of disputes, injunctive reliefs, actions and proceedings, if
any, arising out of this Contract.

45. DISPUTES BETWEEN CPSE’S/GOVERNMENT DEPARTMENT’S/ ORGANIZATIONS

Subject to conciliation as provided above, in the event of any dispute (other than those related
to taxation matters) or difference relating to the interpretation and application of the provisions
of commercial contract(s) between Central Public Sector Enterprises (CPSEs/ Port Trusts) inter
se and also between CPSEs and Government Departments /Organizations), such dispute or
difference shall be taken up by either party for resolution only through AMRCD as mentioned
in OPE OM No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018.
Any party aggrieved with the decision of the Committee at the First level (tier) may prefer an
appeal before the Cabinet Secretary at the Second level (tier) within 15 days from the date of
receipt of decision of the Committee at First level, through it's administrative
Ministry/Department, whose decision will be final and binding on all concerned.
The above provisions mentioned at clause no.44 & 45 shall supersede provisions relating to
Conciliation, Arbitration, Governing Law & Jurisdiction and Disputes between CPSE’s/
Government Department’s/ Organizations mentioned in General Conditions of Contract (GCC)
and elsewhere in tender document.

46.0 INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS

PROVIDERS)

INAM-Pro (Platform for infrastructure and materials providers) is a web based platform for
infrastructure provides and materials suppliers and was developed by Ministry of Road
Transport and Highways (MoRT&H) with a view to reduce project execution delays on account
of supply shortages and inspire greater confidence in contractors to procure cement to start with
directly from the manufacturers. Presently, numerous cement companies are registered in the
portal and offering cement for sale on the portal with a commitment period of 3 years. These
companies have bound themselves by ceiling rates for the entire commitment period, wherein
they are allowed to reduce or increase their cement rates any number of times within the ceiling
rate, but are not permitted to exceed the said ceiling rate.
MoRT&H is expanding the reach of this web-portal by increasing both the product width as
well as the product depth. They are working on incorporating 60 plus product categories. The
product range will span from large machineries like Earth Movers and Concrete Mixers, to even
the smallest items like road studs. MoRT&H intend to turn it into a portal which services every
infrastructure development related need of a modern contractor.

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GAIL’s contractors may use this innovative platform, wherever applicable. The usage of web –
Portal is a completely voluntary exercise. The platform, however, can serve as a benchmark for
comparison of offered prices and products.

47 PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS

To promote cashless transactions, the onward payments by Contractors to their employees,

service providers, sub-contractors and suppliers may be made through Cards and Digital means
to the extent possible

48 CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING TO

SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY

While engaging the contractual manpower, Contractors are required to make efforts to provide
opportunity of employment to the people belonging to Scheduled Castes and weaker sections
of the society also in order to have a fair representation of these sections.

49. PROVISIONS FOR STARTUPS (AS DEFINED IN GAZETTE NOTIFICATION NO.

D.L-33004/99 DATED 18.02.2016 AND 23.05.2017 OF MINISTRY OF COMMERCE
AND INDUSTRY AND AS AMENDED FROM TIME TO TIME) [FOR APPLICABLITY
REFER BDS]

As mentioned in Section-II, Prior turnover and prior experience shall not be required for all
Startups [whether Micro & Small Enterprises (MSEs) or otherwise] subject to their meeting the
quality and technical specifications specified in tender document and submission of document
specified in Section -II.

Further, the Startups are also exempted from submission of EMDs (if applicable).

If a Startup emerge lowest bidder, the LoA on such Startup shall be placed for entire tendered
quantity/group/item/part (as the case may be). However, during the Kick of Meeting monthly
milestones/ check points would be drawn. Further, the performance of such contractor/ service
provider will be reviewed more carefully and action to be taken as per provision of contract in
case of failure/ poor performance.

50. PROVISION REGARDING INVOICE FOR REDUCED VALUE OR CREDIT NOTE

TOWARDS PRS

PRS is the reduction in the consideration / contract value for the services covered under this
contract. In case of delay in execution of contract, service provider should raise invoice for
reduced value as per Price Reduction Schedule Clause (PRS clause). If service provider has
raised the invoice for full value, then service provider should issue Credit Note towards the
applicable PRS amount with applicable taxes.
In such cases if service provider fails to submit the invoice with reduced value or does not issue
credit note as mentioned above, GAIL will release the payment to service provider after giving
effect of the PRS clause with corresponding reduction of taxes charged on service provider’s
invoice, to avoid delay in payment.

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In case any financial implication arises on GAIL due to issuance of invoice without reduction
in price or non-issuance of Credit Note, the same shall be to the account of service provider.
GAIL shall be entitled to deduct / setoff / recover such GST amount (CGST & SGST/UTGST
or IGST) together with penalties and interest, if any, against any amounts paid or becomes
payable by GAIL in future to the service provider under this contract or under any other
contract.

51. UNIQUE DOCUMENT IDENTIFICATION NUMBER BY PRACTICING

CHARTERED ACCOUNTANTS

Practicing Chartered Accountants shall generate Unique Document Identification Number

(UDIN) for all certificates issued by them as per provisions of Tender Document.
However, UDIN may not be required for documents being attested by Chartered Accountants
in terms of provisions of Tender Document.

52. ANJANI PORTAL

GAIL has implemented “Anjani" e-Measurement Book & e-Billing Portal for ease in
submission of measurement book/bill and reduction in paper transaction.
Accordingly, GAIL will process the Bill with Measurement Book through "Anjani" e-
Measurement Book & e-Billing Portal (link:
[Link] Accordingly, Contractor/ Service
Provider/ Consultant is requested to forward the RA Bill on "Anjani" e-Measurement Book &
e-Billing Portal through concerned EIC/CIC/SIC, whichever is applicable.
Further, User Manual is also available on aforesaid portal.

53. DOCUMENTS FOR PAYMENT:

Payment terms shall be as mentioned in GCC-Works/SCC.

However, for release of payment, Contractor is required to submit invoice along with other
documents as mentioned in SCC. The final bill is to be submitted within one month after
completion.

Further, GAIL has implementeed Vendor Invoice Management (VIM). After

implementation of same (to be communicated separately), Contractor/ Vendor to forward
the invoice on VIM Collection Center or upload digital invoice on Portal (details of same
will be provided separately). The copy of invoice and all other document mentioned above
or in order/ contract is to be forwarded to address provided in order/contract.

54. ORDER TRANSMITTAL SYSTEM:

The complete PO/LOA along with all annexures including tender document shall be shared
through order/contract transmittal system after intimation through email.
Supplier/Contractor is requested to visit [Link] and click on link
order/contract transmittal system ( It can be found under Vendor Zone (Portal For
Suppliers)) or [Link]

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Therein, in order to access the detailed order/contract, supplier/contractor shall be prompted

to enter your email id. Further an OTP shall be sent on your registered mobile number. After
entering OTP, supplier/contractor shall be allowed to download complete PO/LOA along
with all annexures including tender document. After downloading the documents, the
supplier/contractor shall be required to digitally sign the document (by authorized signatory)
for uploading the documents on order/contract transmittal system towards
acknowledgement of the same.

55. SUB-LETTING OF WORKS

The following is added to the Clause no. 37 of General Conditions of Contract (GCC)-
Works:

(i) Procurement of material, hire of equipment or engagement of labour will not mean
sub-contracting.
(ii) Sub-contracting by the contractor without the approval of GAIL shall be a breach of
contract, unless explicitly permitted in the contract.
(iii) However, If specified in SCC Sub-contracting for Specialized Items of Work is
allowedupto certain percentage of work

56. VENDOR INVOICE MANAGEMENT (VIM):

GAIL has implemented Vendor Invoice Management (VIM) system titled as ‘SARATHI’ for
automation, digitization & centralization of Account Payable process w.e.f. 01.04.2023.

Supplier/ Contractor/Service Provide/ Consultant is required to upload digital invoice on

'Sparsh' portal. The system optimizes and simplifies the process of receiving, managing,
monitoring and forwarding invoices for payment process. The link of 'Sparsh' portal is as under:

[Link]

The 'Help Manual' hyperlink to access the detailed User Manual, Demo Videos, FAQ’s and
other relevant information is available on 'Sparsh' portal.

Only digital invoice is to be uploaded on 'Sparsh' portal and all other supporting documents
along with copy of invoice are to submitted to concerned as defined in Purchase Order (PO)/
Letter of Acceptance (LoA).

****

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Annexure-I to Section-III

PROCEDURE FOR ACTION IN CASE CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES

A Definitions:

A.1 “Corrupt Practice” means the offering, giving, receiving or soliciting, directly or indirectly, anything of value to
improperly influence the actions in selection process or in contract execution.
“Corrupt Practice” also includes any omission for misrepresentation that may mislead or attempt to mislead so that
financial or other benefit may be obtained or an obligation avoided.
A2 “Fraudulent Practice” means and include any act or omission committed by a agency or with his connivance or by
his agent by misrepresenting/ submitting false documents and/ or false information or concealment of facts or to
deceive in order to influence a selection process or during execution of contract/ order.
A3 “Collusive Practice amongst bidders (prior to or after bid submission)” means a scheme or arrangement designed
to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and
open competition.
A.4 “Coercive practice” means impairing or harming or threatening to impair or harm directly or indirectly, any agency
or its property to influence the improperly actions of an agency, obstruction of any investigation or auditing of a
procurement process.
A.5 “Vendor/Supplier/Contractor/Consultant/Bidder” is herein after referred as “Agency”
A.6 ”Appellate Authority” shall mean Committee of Directors consisting of Director (Finance) and Director (BD) for
works centers under Director (Projects). For all other cases committee of Directors shall consist of Director (Finance)
& Director (Projects).
A.7 “Competent Authority” shall mean the authority, who is competent to take final decision w.r.t banning of business
dealings with Agency(ies) and shall be the Director concerned.
A.8 “Allied Agency” shall mean all concerns which come within the sphere of effective influence of the
banned/suspended agency shall be treated as allied agency. In determining this, the following factors may be taken
into consideration:
a) Whether the management is common;
b) Majority interest in the management is held by the partners or directors of banned/ suspended agency;
c) Substantial or majority shares are owned by the banned/ suspended agency and by virtue of this it has a
controlling voice.
d) Directly or indirectly controls, or is controlled by or is under common control with another bidder.
e) All successor agency will also be considered as allied agency.
A.9 “Investigating Agency” shall mean any department or unit of GAIL investigating into the conduct of Agency/ party
and shall include the Vigilance Department of the GAIL, Central Bureau of Investigation, State Police or any other
agency set up by the Central or state government having power to investigate.
A.10 "Obstructive practice": materially impede the procuring entity's investigation into allegations of one or more of the
above mentioned practices either by deliberately destroying, falsifying, altering; or by concealing of evidence
material to the investigation; or by making false statements to investigators and/ or by threatening, harassing or
intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from
pursuing the investigation; or by impeding GAIL's rights of audit or access to information.

B Actions against bidder(s) indulging in corrupt /fraudulent/ collusive/ coercive practice

B.1 Irregularities noticed during the evaluation of the bids :

If it is observed during bidding process/ bids evaluation stage that a bidder has indulged in corrupt/fraudulent
/collusive/coercive practice, the bid of such Bidder (s) shall be rejected and its Earnest Money Deposit (EMD)
shall be forfeited.
Further, such agency shall be banned for future business with GAIL for a period specified in para B 2.2 below
from the date of issue of banning order.

B.2 Irregularities noticed after award of contract

(i) During execution of contract:

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If an agency, is found to have indulged in corrupt/fraudulent/collusive/coercive practices, action

shall be initiated as per procedure mentioned at Clause no. E for putting the agency on banning
list.

After conclusion of process and issuance of Speaking Order for putting party on banning list as
per process defined in para E, the order(s)/contract(s) where it is concluded that such
irregularities have been committed shall be terminated and Contract cum Performance Bank
Guarantee (CPBG) submitted by agency against such order(s)/contract(s) shall also be forfeited.
Further such order/contract will be closed following the due procedure in this regard.

The amount that may have become due to the contractor on account of work already executed
by him shall be payable to the contractor and this amount shall be subject to adjustment against
any amounts due from the contractor under the terms of the contract. No risk and cost provision
will be enforced in such cases.

In addition to above, Recovery of payments including advance payments made, if any, along
with interest thereon at the prevailing rate shall be recovered.

(ii) After execution of contract and during Defect liability period (DLP)/ Warranty/Guarantee Period:

If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after execution

of contract and during DLP/ Warranty/Guarantee Period, the agency shall be banned for future business
with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.
Further, the Contract cum Performance Bank Guarantee (CPBG)/Contract Performance Security (CPS)
submitted by agency against such order (s)/ contract (s) shall be forfeited.

(iii) After expiry of Defect liability period (DLP)/ Warranty/Guarantee Period

If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive practices, after expiry of

Defect liability period (DLP)/ Warranty/Guarantee Period, the agency shall be banned for future
business with GAIL for a period specified in para B 2.2 below from the date of issue of banning order.

B.2.2 Period of Banning

The period of banning of agencies indulged in Corrupt/ Fraudulent/ Collusive/Coercive Practices shall be as
under and to be reckoned from the date of banning order:

S. Description Period of banning

No. from the date of
issuance of Banning
order
1 Misrepresentation/False information other than pertaining to BEC 06 Months
of tender but having impact on the selection process.
For example, if an agency confirms not being in holiday in
GAIL/PSU’s PMC or banned by PSUs/ Govt. Dept., liquidation,
bankruptcy & etc. and subsequently it is found otherwise, such
acts shall be considered in this category.
2 Corrupt/Fraudulent (except mentioned sl. no. 1 above) 01 year
/Collusive/Coercive Practices

If an agency again commits Corrupt/Fraudulent (except mentioned

2.1 sl. no. 1 above) /Collusive/ Coercive Practices in subsequent cases

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after their banning, such situation of repeated offense to be dealt 2 years (in addition to
with more severity the period already
served)
3 Indulged in unauthorized disposal of materials provided by GAIL 2 years
4 If act of vendor/ contractor is a threat to the National Security 2 years
C Effect of banning on other ongoing contracts/ tenders

C.1 If an agency is put on Banning, such agency should not be considered in ongoing tenders/future tenders.
C.2 However, if such an agency is already executing other order (s)/ contract (s) where no corrupt/fraudulent/
collusive/coercive practice is found, the agency should be allowed to continue till its completion without any
further increase in scope except those incidental to original scope mentioned in the contract.
C.3 If an agency is put on the Banning List during tendering and no irregularity is found in the case under process:
C.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the agency shall be
ignored.
C.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency shall not be opened and
BG/EMD submitted by the agency shall be returned to the agency.
C.3.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the agency shall be ignored &
will not be further evaluated. . In case such agency is lowest (L-1), next lowest bidder shall be considered as L-1..

D. Procedure for Suspension of Bidder : Entire provisions related to “Procedure for Suspension of Bidder” stand
deleted.

F. Appeal against the Decision of the Competent Authority:

F.1 The agency may file an appeal against the order of the Competent Authority for putting the agency on banning list.
The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month from the of
receipt of banning order.
F.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the
party as well as the Competent Authority.
F.3 Appeal process may be completed within 45 days of filing of appeal with the Appellate Authority.

G. Wherever there is contradiction with respect to terms of ‘Integrity pact’ , GCC and ‘Procedure for action in case
of Corrupt/Fraudulent/ Collusive/Coercive Practice’, the provisions of ‘Procedure for action in case of
Corrupt/Fraudulent/ Collusive/Coercive Practice’ shall prevail.

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Annexure-II to Section III

PROCEDURE FOR EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/ CONTRACTORS/

CONSULTANTS

1.0 GENERAL

A system for evaluation of Vendors/ Suppliers/Contractors/ Consultants and their performance is a key process
and important to support an effective purchasing & contracting function of an organization.
Performance of all participating Vendors/ Suppliers/Contractors/ Consultants need to be closely monitored to
ensure timely receipt of supplies from a Vendor, completion of an assignment by a Consultant or complete
execution of order by a contractor within scheduled completion period. For timely execution of projects and
meeting the operation & maintenance requirement of operating plants, it is necessary to monitor the execution of
order or contracts right from the award stage to completion stage and take corrective measures in time.

2.0 OBJECTIVE

The objective of Evaluation of Performance aims to recognize, and develop reliable Vendors/
Suppliers/Contractors/ Consultants so that they consistently meet or exceed expectations and requirements.
The purpose of this procedure is to put in place a system to monitor performance of Vendors/
Suppliers/Contractors/ Consultants associated with GAIL so as to ensure timely completion of various projects,
timely receipt of supplies including completion of works & services for operation and maintenance of operating
plants and quality standards in all respects.

3.0 METHODOLOGY

i) Preparation of Performance Rating Data Sheet

Performance rating data Sheet for each and every Vendor/ Supplier/Contractor/Consultant for all
orders/Contracts with a value of Rs. 50 Lakhs and above is recommended to be drawn up. Further,
Performance rating data Sheet for orders/contracts of Vendor/Supplier/Contractor/ Consultant who are on
watch list/holiday list/ banning list shall be prepared irrespective of order/ contract value. These data
sheets are to be separately prepared for orders/ contracts related to Projects and O&M. Format,
Parameters, Process, responsibility for preparation of Performance Rating Data Sheet are separately
mentioned.
ii) Measurement of Performance
Based on the parameters defined in Data Sheet, Performance of concerned Vendor/ Supplier/Contractor/
Consultant would be computed and graded accordingly. The measurement of the performance of the
Party would be its ability to achieve the minimum scoring of 60% points in the given parameters.
iii) Initiation of Measures:
Depending upon the Grading of Performance, corrective measures would be initiated by taking up the
matter with concerned Vendor/ Supplier/Contractor/ Consultant. Response of Vendor/
Supplier/Contractor/ Consultant would be considered before deciding further course of action.
iv) Implementation of Corrective Measures:
Based on the response of Vendor/ Supplier/Contractor/ Consultant, concerned Engineer-in-Charge for the
Projects and/or OIC in case of O&M would recommend for continuation or discontinuation of such party
from the business of GAIL.
v) Orders/contracts placed on Proprietary/OEM basis for O&M will be evaluated and, if required, corrective
action will be taken for improvement in future.

4.0 EXCLUSIONS:

The following would be excluded from the scope of evaluation of performance of Vendors/ Suppliers/Contractors/
Consultants :

i) Orders/Contracts below the value of Rs. 50 Lakhs if Vendor/ Supplier/Contractor/ Consultant is not on
watch list/ holiday list/ banning list.

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ii) Orders for Misc./Administrative items/ Non stock Non valuated items (PO with material code ending with
9).
However, concerned Engineer-in-Charge /OICs will continue to monitor such cases so as to minimize the impact
on Projects/O&M plants due to non performance of Vendors/ Suppliers/Contractors/ Consultants in all such cases.

5.0 PROCESS OF EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/ CONTRACTORS/

CONSULTANTS

5.1 FOR PROJECTS

i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of PROJECTS shall

be done immediately with commissioning of any Project.
ii) On commissioning of any Project, EIC (Engineer-in-charge)/ Project-in-charge shall prepare a
Performance Rating Data Sheet (Format at Annexure-1) for all Orders and Contracts.
iii) Depending upon the Performance Rating, following action shall be initiated by Engineer-in-
charge/Project-in-charge:

[Link]. Performance Action

Rating
1 POOR Seek explanation for Poor performance
2 FAIR Seek explanation for Fair performance
3 GOOD Letter to the concerned for improving
performance in future
4 VERY GOOD No further action

iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In case of satisfactory
reply, Performance Rating data Sheet to be closed with a letter to the concerned for improving
performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following actions need to be taken:

A) Where performance rating is “POOR” (as per Performance Rating carried out after execution of
Order/ Contract and where no reply/ unsatisfactory reply is received from party against the letter
seeking the explanation from Vendor/Supplier/Contractor/ Consultant along with sharing the
performance rating)

Recommend such defaulting Vendor / Supplier / Contractor / Consultant for the following action:

1. Poor Performance on account of Quality (if marks obtained against Quality parameter
is less than 20):
(a) First Instance: Holiday (Red Card) for One Year
(b) Subsequent instance (s) in other ongoing order (s)/ contract (s) or new
order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant:
Holiday (Red Card) for Two Years

2. Poor Performance on account of other than Quality (if marks obtained against Quality
parameter is more than 20):
(a) First such instance: Advisory notice (Yellow Card) shall be issued and
Vendor/Supplier/Contractor/ Consultant shall be put on watch list for a period
of Two (2) Years.
(b) Second such instance in other ongoing order (s)/ contract (s) or new order
(s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Putting
on Holiday (Red Card) for a period of One Year
(c) Subsequent instances (more than two) in other ongoing order (s)/ contract
(s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/
Consultant: Putting on Holiday (Red Card) for a period of Two Years.

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B) Where Poor/Non-Performance leading to termination of contract or Offloading of contract due

to poor performance attributable to Vendor/Supplier/ Contractor/Consultant (under clause no. 32
(C) of GCC-Works)

(a) First instance: Advisory notice (Yellow Card) shall be issued and
Vendor/Supplier/Contractor /Consultant shall be put on watch list for a period of Two
(2) Years.
Further such vendor will not be allowed to participate in the re-tender of the same
supply/work/services of that location which has terminated / offloaded. Moreover, it
will be ensured that all other action as per provision of contract including forfeiture of
Contract Performance Security (CPS) etc. are undertaken.
However, such vendor will be allowed to participate in all other tenders and to execute
other ongoing order/ contract (s) or new contract/ order (s).
The Yellow card will be automatically revoked after a period of two years unless the
same is converted into Red Card due to subsequence instances of poor/ non-
performance in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such
Vendor/ Supplier/ Contractor/ Consultant.
(b) Second instances in other ongoing order (s)/ contract (s) or new order (s) /contact (s)
on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red Card) for period of
One Year.
(c) Subsequent instances (more than two) in other ongoing order (s)/ contract (s) or new
order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red
Card) for period of Two Years.

(C) Where Performance rating is “FAIR”:

Issuance of warning to such defaulting Vendor/ Supplier/Contractor/ Consultant to improve their
performance.

5.2 FOR CONSULTANCY JOBS

Monitoring and Evaluation of consultancy jobs will be carried out in the same way as described in para 5.1 for
Projects.

5.3 FOR OPERATION & MAINTENANCE

i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of Operation and

Maintenance shall be done immediately after execution of order/ contract.
ii) After execution of orders a Performance Rating Data Sheet (Format at Annexure-2) shall be prepared for
Orders by Site C&P and for Contracts/Services by respective Engineer-In-Charge.
iii) Depending upon Performance Rating, following action shall be initiated by EIC:

Sl. No. Performance Rating Action

1 POOR Seek explanation for Poor performance

2. FAIR Seek explanation for Fair performance
3 GOOD Letter to the concerned for improving
performance in future.
4 VERY GOOD No further action

iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In case of satisfactory
reply, Performance Rating data Sheet to be closed with a letter to the concerned for improving
performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following actions need to be taken:

A) Where performance rating is “POOR” (as per Performance Rating carried out after execution of
Order/ Contract and where no reply/ unsatisfactory reply is received from party against the letter

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Tender ID: 2026_GAIL_271389_1

seeking the explanation from Vendor/Supplier/Contractor/ Consultant along with sharing the
performance rating)
Recommend such defaulting Vendor / Supplier / Contractor / Consultant for the following action:

1. Poor Performance on account of Quality (if marks obtained against Quality parameter is
less than 20):
(a) First Instance: Holiday (Red Card) for One Year
(b) Subsequent instance (s) in other ongoing order (s)/ contract (s) or new
order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant:
Holiday (Red Card) for Two Years

2. Poor Performance on account of other than Quality (if marks obtained against Quality
parameter is more than 20):
(a) First such instance: Advisory notice (Yellow Card) shall be issued and
Vendor/Supplier/Contractor/ Consultant shall be put on watch list for a period
of Two (2) Years.
(b) Second such instance in other ongoing order (s)/ contract (s) or new order
(s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Putting
on Holiday (Red Card) for a period of One Year
(c) Subsequent instances (more than two) in other ongoing order (s)/ contract
(s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/
Consultant: Putting on Holiday (Red Card) for a period of Two Years.

B) Where Poor/Non-Performance leading to termination of contract or Offloading of contract due

to poor performance attributable to Vendor/Supplier/ Contractor/Consultant (under clause no. 32
(C) of GCC-Works)
(a) First instance: Advisory notice (Yellow Card) shall be issued and
Vendor/Supplier/Contractor /Consultant shall be put on watch list for a period of Two
(2) Years.
Further such vendor will not be allowed to participate in the re-tender of the same
supply/work/services of that location which has terminated / offloaded. Moreover, it
will be ensured that all other action as per provision of contract including forfeiture of
Contract Performance Security (CPS) etc. are undertaken.
However, such vendor will be allowed to participate in all other tenders and to execute
other ongoing order/ contract (s) or new contract/ order (s).
The Yellow card will be automatically revoked after a period of two years unless the
same is converted into Red Card due to subsequence instances of poor/ non-
performance in other ongoing order (s)/ contract (s) or new order (s) /contact (s) on such
Vendor/ Supplier/ Contractor/ Consultant.

(b) Second instances in other ongoing order (s)/ contract (s) or new order (s) /contact (s)
on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red Card) for period of
One Year.

(c) Subsequent instances (more than two) in other ongoing order (s)/ contract (s) or new
order (s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant: Holiday (Red
Card) for period of Two Years.

(C) Where Performance rating is “FAIR”

Issuance of warning to such defaulting Vendors/Contractors/Consultants to improve their
performance.

6.0 REVIEW & RESTORATION OF PARITES PUT ON HOLIDAY

6.1 An order for Holiday passed for a certain specified period shall deemed to have been automatically revoked on the
expiry of that specified period and it will not be necessary to issue a specific formal order of revocation.

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Tender ID: 2026_GAIL_271389_1

Further, in case Vendor/ Supplier/Contractor/ Consultant is put on holiday due to quality, and new order is placed
on bidder after restoration of Vendor/ Supplier/Contractor/ Consultant, such order will be properly monitored
during execution stage by the concerned site.

7.0 EFFECT OF HOLIDAY

7.1 If a Vendor/ Supplier/Contractor/ Consultant is put on Holiday, such Vendor/ Supplier/Contractor/ Consultant shall
not be considered in ongoing tenders/future tenders.
7.2 However, if such Vendor/ Supplier/Contractor/ Consultant is already executing any other order/ contract and their
performance is satisfactory in terms of the relevant contract, should be allowed to continue till its completion
without any further increase in scope except those incidental to original scope mentioned in the contract. In such
a case CPBG will not be forfeited and payment will be made as per provisions of concerned contract. However,
this would be without prejudice to other terms and conditions of the contract.
7.3. Effect on other ongoing tendering:
7.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by the party shall be
ignored.
7.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the party shall not be opened and
BG/EMD submitted by the party shall be returned to the party.
7.3.3 after opening of price, BG/EMD made by the party shall be returned; the offer of the party shall be ignored & will
not be further evaluated. In case such agency is lowest (L-1), next lowest bidder shall be considered as L-1..
8.0 While putting the Vendor/ Supplier/Contractor/ Consultant on holiday as per the procedure, the holding company,
subsidiary, joint venture, sister concerns, group division of the errant Vendor/ Supplier/Contractor/ Consultant
shall not be considered for putting on holiday list.
Any bidder, put on holiday, will not be allowed to bid through consortium route also in new tender during the
period of holiday.
9.0 If an unsuccessful bidder makes any vexatious, frivolous or malicious complaint against the tender process with
the intention of delaying or defeating any procurement or causing loss to GAIL or any other bidder, such bidder
will be put on holiday for a period of six months, if such complaint is proved to be vexatious, frivolous or malicious,
after following the due procedure.

10. APPEAL AGAINST THE DECISION OF THE COMPETENT AUTHORITY:

(a) The party may file an appeal against the order of the Competent Authority for putting the party on Holiday
list. The appeal shall be filed to Appellate Authority. Such an appeal shall be preferred within one month
from the of receipt of Holiday order.
(b) Appellate Authority would consider the appeal and pass appropriate order which shall be communicated
to the party as well as the Competent Authority.
(c) Appeal process may be completed within 45 days of filing of appeal with the Appellate Authority.
(d) “Appellate Authority” shall mean Committee of Directors consisting of Director (Finance) and Director (BD)
for works centers under Director (Projects). For all other cases committee of Directors shall consist of
Director (Finance) & Director (Projects).

11. ERRANT BIDDER

In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any mistake committed
by him in bidding or withdrawal of bid or modification of bid or varying any term in regard thereof leading to re-
tendering, GAIL shall forfeit EMD if paid by the bidder and such bidders shall be debarred from participation in
retendering of the same job(s)/item(s).
Further, such bidder will be put on Watch List (Yellow Card) for a period of two years after following the due
procedure. However, during the period in watch list such vendor will be allowed to participate in all other tenders
and to execute other ongoing order/ contract (s) or new contract/ order (s).
In case of subsequent instances of default in other tender(s) during aforesaid watch list period, the action shall be
initiated as per provision of sl. no. 2 of para A of Clause no. 5.1 (v) and 5.3 (v).

The Yellow card will be automatically revoked after specified period unless the same is converted into Red Card
12. In case CBIC (Central Board of Indirect Taxes and Customs)/ any tax authority / any equivalent government
agency brings to the notice of GAIL that the Supplier has not remitted the amount towards GST (CGST &
SGST/UTGST or IGST) collected from GAIL to the government exchequer, then, that Supplier shall be put under

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Tender ID: 2026_GAIL_271389_1

Holiday list of GAIL for period of six months after following the due procedure. This action will be in addition to
the right of recovery of financial implication arising on GAIL.

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Tender ID: 2026_GAIL_271389_1

Annexure-1
GAIL (India) Limited
PERFORMANCE RATING DATA SHEET
(FOR PROJECTS/ CONSULTANCY JOBS)

i) Project/Work Centre :
ii) Order/ Contract No. & date :
iii) Brief description of Items :
Works/Assignment
iv) Order/Contract value (Rs.) :
v) Name of Vendor/Supplier/ :
Contractor/ Consultant
vi) Contracted delivery/ :
Completion Schedule
vii) Actual delivery/ :
Completion date

Performance Delivery/ Completion Quality Reliability Total

Parameter Performance Performance Performance#
Maximum Marks 40 40 20 100
Marks Allocated

Note:
Remarks (if any)
PERFORMANCE RATING (**)
Note :
(#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation beyond contract
payment term or seeking direct payment to the sub-vendor/sub-contractor due to financial constraints, then ‘0’
marks should be allotted against Reliability Performance.
(*) Allocation of marks should be as per enclosed instructions
(**) Performance rating shall be classified as under :

Sl. Range (Marks) Rating Signature of

No. Authorised Signatory:
1 60 & below POOR
2 61-75 FAIR Name:
3 76-90 GOOD
4 More than 90 VERY Designation:
GOOD

Instructions for allocation of marks

1. Marks are to be allocated as under :

1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks

Delivery Period/ Delay in Weeks Marks

Completion Schedule

a) Upto 3 months Before CDD 40

Delay upto 4 weeks 35
” 8 weeks 30
” 10 weeks 25
” 12 weeks 20
” 16 weeks 15

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Tender ID: 2026_GAIL_271389_1

More than 16 weeks 0

b) Above 3 months Before CDD 40

Delay upto 4 weeks 35
” 8 weeks 30
” 10 weeks 25
” 16 weeks 20
” 20 weeks 15
” 24 weeks 10
More than 24 weeks 0

1.2 QUALITY PERFORMANCE 40 Marks

For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks

i) Rejection/Defects Marks to be allocated on 10 marks

prorata basis for acceptable
quantity as compared to total
quantity for normal cases
ii) When quality Failure of severe nature 0 marks
failure endanger - Moderate nature 5 marks
system integration - low severe nature 10-25 marks
and safety of the
system
iii) Number of 1. No deviation 5 marks
deviations 2. No. of deviations < 2 2 marks
3. No. of deviations > 2 0 marks

1.3 RELIABILITY PERFORMANCE 20 Marks

A. FOR WORKS/CONTRACTS

i) Submission of order acceptance, agreement, PBG, Drawings 4 marks

and other documents within time

ii) Mobilization of resources as per Contract and in time 4 marks

iii) Liquidation of Check-list points 4 marks

iv) Compliance to statutory and HS&E requirements 4 marks

or

Reliability of Estimates/Design/Drawing etc. in case of

Consultancy jobs

v) Timely submission of estimates and other documents for 4 marks

Extra, Substituted & AHR items

B. FOR SUPPLIES

i) Submission of order acceptance, PBG, Drawings and other 5 marks

documents within time

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Tender ID: 2026_GAIL_271389_1

ii) Attending complaints and requests for after sales service/ 5 marks
warranty repairs and/ or query/ advice (upto the evaluation
period).

iii) Response to various correspondence and conformance to 5 marks

standards like ISO
iv) Submission of all required documents including Test 5 marks
Certificates at the time of supply

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Tender ID: 2026_GAIL_271389_1

Annexure-2
GAIL (India) Limited
PERFORMANCE RATING DATA SHEET
(FOR O&M)

i) Location :
ii) Order/ Contract No. & date :
iii) Brief description of Items :
Works/Assignment
iv) Order/Contract value (Rs.) :
v) Name of Vendor/Supplier/ :
Contractor/ Consultant
vi) Contracted delivery/ :
Completion Schedule
vii) Actual delivery/ :
Completion date

Performance Parameter Delivery Performance Quality Performance Reliability Performance# Total

Maximum Marks 40 40 20 100
Marks Allocated
(*)
Remarks (if any)
PERFORMANCE RATING (**)
Note :
(#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation beyond contract
payment term or seeking direct payment to the sub-vendor/sub-contractor due to financial constraints, then ‘0’
marks should be allotted against Reliability Performance
(*) Allocation of marks should be as per enclosed instructions
(**) Performance rating shall be classified as under :

Sl. Range (Marks) Rating Signature of

No. Authorised Signatory:
1 60 & below POOR
2 61-75 FAIR Name:
3 76-90 GOOD
4 More than 90 VERY Designation:
GOOD

Instructions for allocation of marks (For O&M)

1. Marks are to be allocated as under :

1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks

Delivery Period/ Delay in Weeks Marks

Completion Schedule

a) Upto 3 months Before CDD 40

Delay upto 4 weeks 35
” 8 weeks 30
” 10 weeks 25
” 12 weeks 20
” 16 weeks 15
More than 16 weeks 0

b) Above 3 months Before CDD 40

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Tender ID: 2026_GAIL_271389_1

Delay upto 4 weeks 35

” 8 weeks 30
” 10 weeks 25
” 16 weeks 20
” 20 weeks 15
” 24 weeks 10
More than 24 weeks 0

1.2 QUALITY PERFORMANCE 40 Marks

For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks

i) Rejection/Defects Marks to be allocated on 10 marks

prorata basis for acceptable
quantity as compared to total
quantity for normal cases
ii) When quality Failure of severe nature 0 marks
failure endanger - Moderate nature 5 marks
system integration - low severe nature 10-25 marks
and safety of the
system
iii) Number of 1. No deviation 5 marks
deviations 2. No. of deviations < 2 2 marks
3. No. of deviations > 2 0 marks

1.3 RELIABILITY PERFORMANCE 20 Marks

A. FOR WORKS/CONTRACTS

i) Submission of order acceptance, agreement, PBG, Drawings 4 marks

and other documents within time

ii) Mobilization of resources as per Contract and in time 4 marks

iii) Liquidation of Check-list points 4 marks

iv) Compliance to statutory and HS&E requirements 4 marks

or

Reliability of Estimates/Design/Drawing etc. in case of

Consultancy jobs

v) Timely submission of estimates and other documents for 4 marks

Extra, Substituted & AHR items

B. FOR SUPPLIES

i) Submission of order acceptance, PBG, Drawings and other 5 marks

documents within time

ii) Attending complaints and requests for after sales service/ 5 marks
warranty repairs and/ or query/ advice (upto the evaluation
period).

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Tender ID: 2026_GAIL_271389_1

iii) Response to various correspondence and conformance to 5 marks

standards like ISO
iv) Submission of all required documents including Test 5 marks
Certificates at the time of supply

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Tender ID: 2026_GAIL_271389_1

Annexure-III to Section-III

ADDENDUM TO INSTRUCTIONS TO BIDDERS

(INSTRUCTIONS FOR PARTICIPATION IN E-TENDER)

Detailed instructions regarding bid submission procedure under e-tendering system (e-tender
portal) is available on [Link] as detailed below

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Tender ID: 2026_GAIL_271389_1

ANNEXURE-IV to Section-III

BIDDING DATA SHEET (BDS)

ITB TO BE READ IN CONJUNCTION WITH THE FOLLOWING:
A. GENERAL
ITB clause Description
1.1 The Employer/Owner is: GAIL (India) Limited

2.1 The name of the Works/Services to be performed is: SUPPLY, INSTALLATION,

TESTING AND COMMISSIONING OF 5 KVA SOLAR POWER SYSTEM,
0.8 TON AC & SOLAR POWERED SUBMERSIBLE PUMP

3 BIDS FROM CONSORTIUM/ JOINT VENTURE

APPLICABLE

NOT APPLICABLE
✓
B. BIDDING DOCUMENT
ITB clause Description
8.1 For clarification purposes only, the communication address is:
Attention: Mayank Nirbhay, SO(C&P)
GAIL (India) Limited
Murma, Naya Sarai, Ranchi, Jharkhand - 835303
Ranchi, Jharkhand
Email: [Link]@[Link]

C. PREPARATION OF BIDS
ITB clause Description
11.1.1 (u) Additional documents to be submitted by the Bidder with its Part-I (Techno-
commercial/ Unpriced bid) : Refer SCC/Scope of Work
Duly signed complete tender document with all its formats duly filled &
signed and Required documents as per Bid evaluation Criteria (Section-II).
12 Additional Provision for Schedule of Rate/ Bid Price are as under:
SCC/Scope of Work refers

12 & 13 Whether GAIL will be able to avail input tax credit in the instant tender
YES
✓
NO

Details of Buyer:
Services to be rendered at GAIL (India) Limited

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Tender ID: 2026_GAIL_271389_1

For details Refer SCC/Scope of Work.

PAN No. AAACG1209J
GST no. Same shall be mentioned in the Award of
Contract.
GAIL Bank details. State Bank of India
Account No. : 37824038627
IFSC Code : SBIN0009620
BRANCH : DORANDA
14 The currency of the Bid shall be INR
15 The bid validity period shall be 120 days from final 'Bid Due Date'.
16.1, 16.10 In case 'Earnest Money / Bid Security' or “Contract Performance Security” is
and 38.6 in the form of 'Demand Draft' or 'Banker's Cheque' or ‘Insurance Surety
Bond’ / ‘Fixed Deposit Receipt’, the same should be favor of GAIL (India)
Limited, payable at Ranchi

In case of submission through online banking transaction i.e. IMPS / NEFT / RTGS
/ SWIFT, etc, the details of GAIL’s Bank account are as under:
Account Holder Name : GAIL (INDIA) LTD.
Bank Name : SBI
Branch Name : DORANDA
Account Number : 37824038627
IFSC Code : SBIN0009620

Bidder to mention reference no. “EMD/……….” in narration while remitting the

EMD / Bid Security amount and to mention reference no. “CPS/……….” in
narration while remitting the CPS amount in GAIL’s Bank Account.

D. SUBMISSION AND OPENING OF BIDS

ITB clause Description
18 In addition to the original of the Bid, the number of copies required is one. Not
applicable in case of e-tendering.
22.3, 26 and For the submission of physical document as per clause no. 4.0 of IFB, and Bid
4.0 of IFB Opening Purpose the Owner’s address is :
Mayank Nirbhay, SO(C&P)
GAIL (India) Limited
Murma, Naya Sarai, Ranchi, Jharkhand - 835303
Ranchi, Jharkhand
Email: [Link]@[Link]

E. EVALUATION, AND COMPARISON OF BIDS

ITB clause Description
32 Evaluation Methodology is mentioned in Section-II.
33 Compensation for Extended Stay:

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Tender ID: 2026_GAIL_271389_1

APPLICABLE

NOT APPLICABLE
✓
34 The following Purchase Preference Policy will be applicable as per provisions
mentioned in tender:

i) Preference to Micro & Small Enterprises (MSEs):

APPLICABLE

NOT APPLICABLE
✓
F. AWARD OF CONTRACT
ITB clause Description
37 State of India of which stamp paper is required for Contract Agreement:
_____________________________
38 Contract Performance Security/ Security Deposit
APPLICABLE
✓
NOT APPLICABLE

(i) The value/ amount of Contract Performance Security/ Security Deposit:

CPS/SD/CPBG @ 10% of Total Order/ Contract Value within 30 days of FOA/

notification of award.
OR
Initial Security Deposit (ISD) @ 5% of Total Contract Value within 30 days of FOA/
notification of award and deduction @ 10% of the RA bill subsequently from RA bills
till the total amount of security deposit (including ISD and deducted amount) reaches
10% of Total Contract value.

(ii) CPS to be submitted by bidder within 30 days after issuance of FOA (notification of
Award) and in event of delay in submission of CPBG/SD, the contract can be
terminated. However, a penal interest of Marginal Cost of Fund based Lending Rate
(MCLR) for one year charged by SBI (applicable on due date of submission of
CPBG/SD i.e. 30th day after issuance of FOA/Notification of award) plus 4.0%
p.a (on CPBG/SD amount) shall be charged for delay beyond 30 days i.e. from
31st days after issuance of FOA / Notification of award.

(iii) Security Deposit /Contract Performance Guarantee can be submitted at the bidder's
option, in the form of a bank guarantee (including e- bank guarantee), Demand Draft
(DD), Insurance Security Bond, online banking transaction, Fixed Deposit Receipt
Banker's Cheque, a letter of credit to be denominated in the currency of contract for the
amount as applicable.

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Tender ID: 2026_GAIL_271389_1

(iv) GAIL’s vendor(s)/contractor(s) can submit contract performance security in the form of
digital CPBG through SWIFT channel from the following banks. These banks are live
with GAIL on SWIFT platform and directly push your digital CPBG from their system
to GAIL without any manual intervention.
a) Axis Bank
b) HDFC Bank
c) ICICI Bank
d) State Bank of India

To facilitate the seamless submission of digital CPBG through SWIFT platform, please
provide the following information while advising digital CPBG through any of the
above Bank.

S. SWIFT
Information Field Data / Details Remarks
N. Field No.
GAIL
1. Identification BIC Code GAIIINDIXXX -
No.
/ PO / SAP Company Code (4
digit) / SAP Business Area
(4 digit)/SAP PO No. (10
digit) Eg.
72Z – First
2. SAP PO No. :/PO/5000/4444/12345678
Line
90
(The above details shall be
provided with GAIL’s SAP
PO)
YYMMDD
72Z –
Claim expiry
3. Second (The above details shall be Eg. 240119
Date
Line provided with GAIL’s SAP
PO)

(v) Duration of CPS Required: 27 Months

39.2 Name and contact details of nodal officer are as under:

Smt. Smita Soni
Email: [Link]@[Link]
41 Provision of AHR Item :
APPLICABLE
✓
NOT APPLICABLE

44.1 Quarterly Closure of Contract

APPLICABLE

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Tender ID: 2026_GAIL_271389_1

NOT APPLICABLE
✓
Bonus for Early Completion:
Clause no.
27.3 of GCC APPLICABLE

NOT APPLICABLE
✓
49 Applicability of provisions relating to Startups:
APPLICABLE
✓
NOT APPLICABLE

53 Applicability of provisions relating to Order Transmittal System:

APPLICABLE

NOT APPLICABLE
✓
SCC Documents required for accepting the Works:
Refer SCC of the tender document.

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Tender ID: 2026_GAIL_271389_1

ANNEXURE-V TO SECTION-III

POLICY TO PROVIDE PURCHASE PREFERENCE AS PER PUBLIC PROCUREMENT

(PREFERENCE TO MAKE IN INDIA), ORDER 2017

NOT APPLICABLE

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Tender ID: 2026_GAIL_271389_1

FORMS & FORMAT

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Tender ID: 2026_GAIL_271389_1

LIST OF FORMS & FORMAT

Form No. Description

F-1 BIDDER’S GENERAL INFORMATION
F-2 PROFORMA OF "BANK GUARANTEE" FOR "EARNEST
MONEY "
F-2A PROFORMA OF DECLARATION FOR BID SECURITY
F-3 LETTER OF AUTHORITY
F-4 PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT
PERFORMANCE SECURITY / SECURITY DEPOSIT"
F-5 AGREED TERMS & CONDITIONS
F-6 ACKNOWLEDGEMENT CUM CONSENT LETTER
F-7 BIDDER’S EXPERIENCE
F-8 CHECK LIST
F-8B CHECK LIST FOR BID EVALUATION CRITERIA (BEC)
QUALIFYING DOCUMENTS
F-9 FORMAT FOR CERTIFICATE FROM BANK
IF BIDDER’S WORKING CAPITAL IS INADEQUATE
F-10 FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE
FOR FINANCIAL CAPABILITY OF THE BIDDER
F-11 FORMAT FOR CONSORTIUM/JV AGREEMENT
F-12 BIDDER'S QUERIES FOR PRE BID MEETING
F-13 E-BANKING FORMAT
F-14 INTEGRITY PACT
F-15 INDEMNITY BOND
F-16 FREQUENTLY ASKED QUESTIONS (FAQs)
F-17 UNDERTAKING REGARDING SUBMISSION OF ELECTRONIC
INVOICE (E-INVOICE AS PER GST LAWS)
F-18 FORMAT FOR NO CLAIM CERTIFICATE FOR RELEASE OF
CPS/SECURITY DEPOSIT
F-19 THIRD PARTY DEPOSIT CONFIRMATION LETTER FOR CPS
& EMD

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Tender ID: 2026_GAIL_271389_1

F-20 PROFORMA OF "INSURANCE SURETY BOND" FOR

"EARNEST MONEY DEPOSIT/ BID SECURITY"
F-21 PROFORMA OF "INSURANCE SURETY BOND" FOR
"CONTRACT PERFORMANCE SECURITY / SECURITY
DEPOSIT"

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Tender ID: 2026_GAIL_271389_1

F-1
BIDDER'S GENERAL INFORMATION
To,
M/s GAIL (INDIA) LIMITED
___________________

TENDER NO:

1 Bidder’s Name M/s……

2 Status of Firm Proprietorship Firm/Partnership firm/ Limited
Liability Partnership (LLP) firm/ Public Limited/
Pvt. Limited/ Govt. Dept. / PSU/ Others

If Others Specify:_________________

[Enclose relevant certificates / partnership

deed/certificate of Registration, as applicable]
3a Name of Proprietor/ Partners/ Directors of the
firm/company including their Father’s Name and
residential address, Aadhar No., Pan Card Details
& DIN Nos. Please provide details in the attached
Annexure-1 to form F-1
[As per clause for ‘One Bid Per Bidder’ under
Section-III of Tender Document]
If required, a separate sheet may be enclosed for
providing the above details.
3b Name of Power of Attorney holders of Bidder
4 Number of years in operation

5 Address of Registered Office:

City:
District:
State:
PIN/ZIP:
Bidder’s address where order/contract is to be
6 placed *
City:

District:
State:
PIN/ZIP:
7 Address from where Goods/ Services are to be
dispatched/ provided along with GST no. City:
District:

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 Tender ID: 2026_GAIL_271389_1

(In case supply of Goods / Services are from State:

multiple locations, addresses and GST no. of all PIN/ZIP:
such locations are to be provided). GST No.:

8 Telephone Number & Contact Information _____________________

address where Order/Contract is to be placed (Country Code) (Area Code) (Telephone
No.)
Mobile No. : ………………………
e-mail ID: ………………………
9 Website details
10 Mobile Number of concerned ___________________________________
personnel/authorized signatory
11 ISO Certification, if any Yes / No

[If yes, please furnish details]

12 PAN No.

13 GST No. (refer sl. no. 7 above)

14a Whether Micro or Small Enterprise Yes / No

(If Yes, Bidder to submit requisite documents as
specified it ITB:Clause No. 40)
14b Whether MSE is owned by SC/ST Entrepreneur(s) Yes / No
(If Yes, Bidder to submit requisite documents as
specified it ITB:Clause No. 40)
14c Whether MSE is owned by Women Yes / No
(If Yes, Bidder to submit requisite documents as
specified it ITB:Clause No. 40)
14d Details of registration in TReDS ……………………………………

( Bidder to provide name of the portal along with

details)
15a Whether Bidder is a Startup or not Yes / No
(, Bidder to submit requisite documents as specified
it ITB: Clause No. 49)
15b In case Bidder is a Startup, confirm the following:
(i) Date of its incorporation/ registration
[The certificate shall only be valid for the
entity upto ten years from the date of its
incorporation/ registration]
(ii) Whether turnover for any financial years
since incorporation/ registration has
exceeded Rs.100 Crores.
Note: *GAIL intends to place the Order/Contract directly on the address from where Goods are
produced/dispatched. In case, Bidder intends to have Order/ Contract with some other address and also for supply

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 Tender ID: 2026_GAIL_271389_1

of Goods from multiple locations, Bidder is required to provide the address on which Order/ Contract is to be
placed as mentioned at [Link].6 above and details of locations as mentioned at sl. no. 7 above.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:

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 Tender ID: 2026_GAIL_271389_1

ANNEXURE-I TO FORM F-1

DETAILS OF THE PROPRIETOR / PARTNERS / DIRECTORS OF THE BIDDING FIRM / COMPANY

Bidder’s Name:
Name of Complete Residential Director
S. Proprietor/ Father's Address Aadhar Identification
Pan No.
No. Partners/ Name (with City, District, No. Number (DIN),
Directors State, Pin) if applicable

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:
Notes:

i. The above details are required to be submitted for all Partners/ Directors/ Proprietor of the
Bidding Firm / Company.
ii. Bidder shall submit the corresponding documents (i.e. Aadhar Card, PAN Card, DIN) of the
above details duly notarized by Notary Public with legible stamp.
iii. It is the responsibility of the participating Bidder(s) to assess the relationship with regard to
conflict of interest amongst bidders.
iv. In case any undertaking/declaration given by a Bidder(s) in this regard is found to be false,
this would be a sufficient ground for rejection of Bid(s) /termination of contract and also
initiation of further action as per “Procedure for Action in case of Corrupt/Fraudulent/
Collusive / Coercive Practices” of tender document.

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Tender ID: 2026_GAIL_271389_1

FORMAT F-2

PROFORMA OF "BANK GUARANTEE"

FOR "EARNEST MONEY / BID SECURITY"
(To be stamped in accordance with the Stamp Act)

To, Bank Guarantee No.

M/s GAIL (India) Limited Date of BG
___________________ BG Valid up to (Expiry date)
Claim period up to (There should be
three months gap between expiry date
of BG & Claim period)
Stamp Sl. No./e-Stamp Certificate No.

Dear Sir(s),

In accordance with Tender Document under your reference No __________________ M/s.

________________ having their Registered / Head Office at _____________ (hereinafter called the
Tenderer/Bidder), wish to participate in the said tender for
____________________________________________________________________

As an irrevocable Bank Guarantee against Earnest Money Deposit for the amount of ______________ is
required to be submitted by the bidder as a condition precedent for participation in the said Tender Document
which amount is liable to be forfeited on the happening of any contingencies mentioned in the Tender
Document.

We, the ____________________________________ Bank at _____________________________having our

Head Office ________________________________________________________ (Local Address) and
having net worth more than Rs. 100,00,00,000.00 [Rupees One Hundred Crores] or its equivalent in foreign
currency, guarantee and undertake to pay immediately on demand without any recourse to the Bidder by GAIL
(India) Ltd., the amount ________________ ____________________ without any reservation, protest, demur
and recourse. Any such demand made by GAIL (India) Ltd., shall be conclusive and binding on us irrespective
of any dispute or difference raised by the Bidder.

This guarantee shall be irrevocable and shall remain valid up to ____________ [this date should be two (02)
months beyond the validity of the bid].If any further extension of this guarantee is required, the same shall be
extended to such required period on receiving instructions from Bidder M/s.
_____________________________________________ on whose behalf this guarantee is issued.

Notwithstanding anything contained herein:

a) The Bank’s liability under this Guarantee shall not exceed (currency in figures) . . . . . . . . . . . . . . . .
(currency in words only ) . . . . .
b) This Guarantee shall remain in force upto ___________ (this expiry date of BG should be two months
beyond the validity of bid) and any extension(s) thereof; and
c) The Bank shall be released and discharged from all liability under this Guarantee unless a written claim
or demand is issued to the Bank on or before the midnight of ………………….(indicate date of expiry of
claim period which includes minimum three months from the expiry of this Bank Guarantee) and if
extended, the date of expiry of the last extension of this Guarantee. If a claim has been received by us

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Tender ID: 2026_GAIL_271389_1

within the said date, all the rights of GAIL under this Guarantee shall be valid and shall not cease until we
have satisfied that claim.

The Bank doth hereby declare that Shri /Ms.___________who is the ___________________(designation)
of the Bank is authorized to sign this undertaking on behalf of the Bank and to bind the Bank thereby.

In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this ___________day
of ____________ 20__ at ____________.

Details of next Higher Authority of the Officials who have issued the Bank Guarantee:

Name …………………………….
Designation …………………..

WITNESS:

(SIGNATURE) (SIGNATURE)
(NAME) (NAME)
Designation with Bank Stamp
E-Mail ID:
Telephone/Mobile No. :
Date:

(OFFICIAL ADDRESS)

Confirmation Email Id :

IFSC Code of Issuing Bank :

----------------------------------------------------------------------------------------------------

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Tender ID: 2026_GAIL_271389_1

INSTRUCTIONS FOR FURNISHING "BID SECURITY DEPOSIT/ EARNEST MONEY" BY

"BANK GUARANTEE"

1. The Bank Guarantee by Bidders will be given on non-judicial stamp paper as per "Stamp Duty"
applicable. The non-judicial stamp paper should be in the name of the issuing Bank.
2. The expiry date should be arrived at in accordance with "ITB: Clause-16.1".
3. The Bank Guarantee by bidders will be given from Bank as specified in "ITB: Clause-16.3".
4. A letter from the issuing Bank of the requisite Bank Guarantee confirming that said Bank Guarantee
/ all future communication relating to the Bank Guarantee shall be forwarded to the Purchaser at
its address as mentioned at "ITB".
5. Bidder must indicate the full postal address of the Bank along with the Bank's E-mail / Fax / Phone
from where the Bank Guarantee has been issued at [Link].2 of Form F-5.
6. In case BG is issued directly by a bank outside India (if allowed), it should be executed on Letter
Head of the Bank and should be advised and made payable through their Indian
Branch/Corresponding Bank in India (Applicable for ICB tender)

MATTER TO BE MENTIONED IN COVERING LETTER TO BE SUBMITTED BY VENDOR

ALONG WITH BANK GUARANTEE
1 BANK GUARANTEE NO :

VENDOR NAME / VENDOR

2 CODE : NAME
VENDOR CODE

BANK GUARANTEE
3 AMOUNT :

4 TENDER NO. :

NATURE OF BANK
5 GUARANTEE :
(Please Tick ( √ ) Whichever is SECURI
Applicable PERFORMANCE TY
BANK DEPOSI EM ADVAN
GUARANTEE T D CE

(A) EMAIL ID :
BG ISSUED BANK DAILS
(B) ADDRESS :

(C) PHONE NO :

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Tender ID: 2026_GAIL_271389_1

FORMAT F-2A

DECLARATION FOR BID SECURITY

To,

M/s GAIL (INDIA) LIMITED

___________________

SUB:
TENDER NO:

Dear Sir

After examining / reviewing provisions of above referred tender documents (including all
corrigendum/ Addenda), we M/s____________ (Name of Bidder) have submitted our offer/ bid
no. ………………….

We, M/s____________ (Name of Bidder) hereby understand that, according to your conditions,
we are submitting this Declaration for Bid Security.

We understand that we will be put on watch list/holiday/ banning list (as per polices of GAIL in
this regard), if we are in breach of our obligation(s) as per following:

(a) have withdrawn/modified/amended, impairs or derogates from the tender, my/our Bid
during the period of bid validity specified in the form of Bid; or

(b) having been notified of the acceptance of our Bid by the GAIL during the period of bid
validity:
(i) fail or refuse to execute the Contract, if required, or
(ii) fail or refuse to furnish the Contract Performance Security, in accordance provisions
of tender document.
(iii) fail or refuse to accept ‘arithmetical corrections’ as per provision of tender
document.

(c) having indulged in corrupt/fraudulent /collusive/coercive practice as per procedure.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:

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Tender ID: 2026_GAIL_271389_1

F-3
LETTER OF AUTHORITY

[Pro forma for Letter of Authority for Attending 'Pre-Bid Meetings' /'Un-priced Bid Opening' /
'Price Bid Opening']

Ref: Date:
To,
M/s GAIL (INDIA) LIMITED
___________________

SUB:
TENDER NO:

Dear Sir,
I/We, _____________________________________ hereby authorize the following
representative(s) for attending any 'Meetings [Pre-Bid Meeting]', 'Un-priced Bid Opening', and
'Price Bid Opening' against the above Tender Documents:

[1] Name & Designation ____________________ Signature ___________________

Phone/Cell:
E-mail: ………………………………….. @ ………………………………

[2] Name & Designation ____________________ Signature ___________________

Phone/Cell:
E-mail: ……………………………………….. @ ………………………………

We confirm that we shall be bound by all commitments made by aforementioned authorised

representative(s).

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:

Note:
(i) 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 [02] persons per Bidder' are permitted to attend 'Pre-Bid Meetings'
/'Un-priced Bid Opening' / 'Price Bid Opening'.
(ii) Bidder’s authorized representative is required to carry a copy of this authority letter
while attending the 'Pre-Bid Meetings' /'Un-priced Bid Opening.

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F-4

PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE

SECURITY / SECURITY DEPOSIT"
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

To, Bank Guarantee No.

M/s GAIL (India) Limited Date of BG
___________________ BG Valid up to (Expiry date)
Claim period up to (There should be
three months gap between expiry date
of BG & Claim period
Stamp Sl. No./e-Stamp Certificate No.

Dear Sir(s),
M/s. __________________________________________________________________ having registered
office at _______________________ (herein after called the “contractor/supplier/consultant” which
expression shall wherever the context so require include its successors and assignees) have been placed/
awarded the job/work of _______________________________________________ vide PO/LOA /FOA No.
_______________________________dated______ for GAIL (India) Limited having registered office at 16,
Bhikaiji Cama Place, R.K. Puram, New Delhi (herein after called the “GAIL” which expression shall wherever
the context so require include its successors and assignees).

The Contract conditions provide that the Supplier/Contractor/Consultant shall pay a sum of Rs.
____________________ (Rupees _________________________________________) as full Contract
Performance Guarantee in the form therein mentioned. The form of payment of Contract Performance
Guarantee includes guarantee executed by Nationalized Bank/Scheduled Commercial Bank, undertaking full
responsibility to indemnify GAIL (INDIA) LIMITED, in case of default.

The said M/s._______________________________________________ has approached us and at their

request and in consideration of the premises we having our office at ______________________________ have
agreed to give such guarantee as hereinafter mentioned.

1. We _____________________________________________________________ and having net

worth more than Rs. 100,00,00,000.00 [Rupees One Hundred Crores] or its equivalent in foreign
currency, hereby undertake to give the irrevocable & unconditional guarantee to you that if default
shall be made by M/s. __________________________________ in performing any of the terms and
conditions of the tender/order/contract or in payment of any money payable to GAIL (INDIA)
LIMITED we shall on first demand pay without demur, contest, protest and/ or without any recourse
to the contractor to GAIL in such manner as GAIL may direct the said amount of Rupees
_____________________________ only or such portion thereof not exceeding the said sum as you
may require from time to time.
2. You will have the full liberty without reference to us and without affecting this guarantee, postpone
for any time or from time to time the exercise of any of the powers and rights conferred on you under
the order/contract with the said M/s. _______________________________
and to enforce or to forbear from endorsing any powers or rights or by reason of time being given to
the said M/s.__________________________ and such postponement forbearance would not have the
effect of releasing the bank from its obligation under this debt.
3. Your right to recover the said sum of Rs. ______________________________________ (Rupees
_______________________________________) from us in manner aforesaid is absolute &

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unequivocal and will not be affected or suspended by reason of the fact that any dispute or disputes
have been raised by the said M/s. ___________________________ and/or that any dispute or disputes
are pending before any officer, tribunal or court or arbitrator or any other authority/forum and any
demand made by you in the bank shall be conclusive and binding. The bank shall not be released of
its obligations under these presents by any exercise by you of its liberty with reference to matter
aforesaid or any of their or by reason or any other act of omission or commission on your part or any
other indulgence shown by you or by any other matter or changed what so ever which under law would,
but for this provision, have the effect of releasing the bank.
4. The guarantee herein contained shall not be determined or affected by the liquidation or winding up
dissolution or changes of constitution or insolvency of the said Supplier/Contractor/Consultant but
shall in all respects and for all purposes be binding and operative until payment of all money due to
you in respect of such liabilities is paid.
5. The bank undertakes not to revoke this guarantee during its currency without your previous consent
and further agrees that the guarantee shall continue to be enforceable until it is discharged by GAIL in
writing. However, if for any reason, the Supplier/Contractor/Consultant is unable to complete the
supply/work within the period stipulated in the order/contract and in case of extension of the date of
delivery/completion resulting extension of defect liability period/guarantee period of the
Supplier/Contractor/Consultant fails to perform the supply/work fully, the bank hereby agrees to
further extend this guarantee at the instance of the Supplier/Contractor/Consultant till such time as
may be determined by GAIL. If any further extension of this guarantee is required, the same shall be
extended to such required period on receiving instruction from M/s.
___________________________________________________ (Supplier/Contractor/ Consultant ) on
whose behalf this guarantee is issued.
6. Bank also agrees that GAIL at its option shall be entitled to enforce this Guarantee against the bank
(as principal debtor) in the first instant, without proceeding against the
Supplier/Contractor/Consultant and notwithstanding any security or other guarantee that GAIL may
have in relation to the Supplier’s/Contractor’s/Consultant’s liabilities.
7. The amount under the Bank Guarantee is payable forthwith without any delay by Bank upon the
written demand raised by GAIL. Any dispute arising out of or in relation to the said Bank Guarantee
shall be subject to the exclusive jurisdiction of courts at New Delhi.
8. Therefore, we hereby affirm that we are guarantors and responsible to you on behalf of the
Supplier/Contractor/Consultant up to a total amount of __________(amount of guarantees in words
and figures) and we undertake to pay you, upon your first written demand declaring the
Supplier/Contractor/Consultant to be in default under the order/contract and without caveat or
argument, any sum or sums within the limits of (amounts of guarantee) as aforesaid, without your
needing to prove or show grounds or reasons for your demand or the sum specified therein.
9. The Bank doth hereby declare that Shri /Ms.___________who is the
___________________(designation) of the Bank is authorized to sign this undertaking on behalf of
the Bank and to bind the Bank thereby.

10. Notwithstanding anything contained herein:

a) The Bank’s liability under this Guarantee shall not exceed (currency in figures) . . . . . . . . . . . . . . .
. (currency in words only ) . . . . .
b) This Guarantee shall remain in force upto ___________ (this date should be expiry date of defect
liability period of the Contract) and any extension(s) thereof; and

c) The Bank shall be released and discharged from all liability under this Guarantee unless a written
claim or demand is issued to the Bank on or before the midnight of ………………….(indicate date
of expiry of claim period which includes minimum three months from the expiry of this Bank
Guarantee) and if extended, the date of expiry of the last extension of this Guarantee. If a claim

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Tender ID: 2026_GAIL_271389_1

has been received by us within the said date, all the rights of GAIL under this Guarantee shall be
valid and shall not cease until we have satisfied that claim.

Details of next Higher Authority of the Officials who have issued the Bank Guarantee:

Name …………………………….
Designation …………………..

Yours faithfully,
_______________
Bank by its Constituted Attorney

Signature of a person duly

Authorized to sign on behalf of the Bank
Confirmation Email Id :

IFSC Code of Issuing Bank :

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Tender ID: 2026_GAIL_271389_1

INSTRUCTIONS FOR FURNISHING

"CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT" BY "BANK GUARANTEE"

1. The Bank Guarantee by successful Bidder(s) will be given on non-judicial stamp paper as per
'stamp duty' applicable. The non-judicial stamp paper should be in name of the issuing bank.
2. The Bank Guarantee by Bidders will be given from bank as specified in [Link]. 38.2 of ITB [Section-
III] of Tender Document.
3. A letter from the issuing bank of the requisite Bank Guarantee confirming that said Bank Guarantee
and all future communication relating to the Bank Guarantee shall be forwarded to Purchaser.
4. Supplier/Contractor/Consultant shall submit attached cover letter (Annexure) while submitting
Contract Performance Security / Security Deposit.
5. In case BG is issued directly by a bank outside India (if allowed), it should be executed on Letter
Head of the Bank and should be advised and made payable through their Indian
Branch/Corresponding Bank in India (Applicable for ICB tender).

MATTER TO BE MENTIONED IN COVERING LETTER TO BE SUBMITTED BY VENDOR

ALONG WITH BANK GUARANTEE
1
BANK GUARANTEE NO :
VENDOR NAME / VENDOR
2 CODE : NAME
VENDOR CODE
BANK GUARANTEE
3 AMOUNT :

4 PURCHASE ORDER/ LOA NO :

NATURE OF BANK
5 GUARANTEE :
(Please Tick ( √ ) Whichever is
Applicable PERFORMANCE SECURITY
BANK GUARANTEE DEPOSIT EMD ADVANCE

(A) EMAIL ID :
BG ISSUED BANK DETAILS
(B) ADDRESS :

(C) PHONE NO :

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Tender ID: 2026_GAIL_271389_1

F-5

AGREED TERMS & CONDITIONS

To,

M/s GAIL (INDIA) LIMITED

___________________

SUB:
TENDER NO:

This Questionnaire duly filled in, signed & stamped must form part of Bidder’s Bid and should be
returned along with Un-priced Bid. Clauses confirmed hereunder need not be repeated in the Bid.

Sl. DESCRIPTION BIDDER'S

CONFIRMATION
1 Bidder's name, Vendor Code of GAIL (if any) and address Bidder's name :
GAIL’s Vendor Code:
(FOA/Order shall be released in this name) Address:
2. Bidder confirms the currency of quoted prices is in Indian
Rupees.
3. Bidder confirms quoted prices will remain firm and fixed till
complete execution of the order (except where price
escalation/variation is allowed in the Tender).
4 Bidder confirms that they have quoted GST (CGST & SGST/
UTGST or IGST ) in Price Schedule/ SOR of Price bid.
4.1 Whether in the instant tender services/works are covered in Not Applicable
reverse charge rule of GST (CGST & SGST/UTGST or
IGST)

If yes, Bidder confirms that they have quoted rate of

applicable GST (CGST & SGST/ UTGST or IGST) in Price
Schedule / Schedule of Rates of Price Bid
4.1.1 Please confirm the rate of GST as included in the Price Bid GST ……..%
4.2 Bidder confirms that they have mentioned Harmonized
System Nomenclature (HSN)/Service Accounting Code
(SAC) in Price Bid
4.3 Bidder hereby confirms that the quoted prices are in
compliance with the Section 171 of CGST Act/ SGST Act as
mentioned as clause no. 13.10 of ITB (Anti-profiteering
clause).

4.4 Whether bidder is liable to raise E-Invoice as per GST Act.

If yes, bidder will raise E-Invoice and confirm compliance to
provision of tender in this regard.

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Sl. DESCRIPTION BIDDER'S

CONFIRMATION
5. Bidder confirms acceptance of relevant Terms of Payment
specified in the Bid Document.
6. Bidder confirms that Contract Performance Security will be
furnished as per Bid Document within 30 days of FOA in case
of successful bidder.
7. Bidder confirms that Contract Performance Security shall be
from any Indian scheduled bank (excluding Co-operative
banks and Regional Rural bank) or a branch of an
International bank situated in India and registered with
Reserve bank of India as scheduled foreign bank. However, in
case of bank guarantees from banks other than the
Nationalised Indian banks, the bank must be a commercial
bank having net worth in excess of Rs 100 crores and a
declaration to this effect shall be made by such commercial
bank either in the Bank Guarantee itself or separately on its
letterhead.
8. Bidders confirms compliance to Completion Schedule as
specified in Bid document and the same shall be reckoned
from the date of Fax of Acceptance.
9. Bidders confirms acceptance of Price Reduction Schedule for
delay in completion schedule specified in Bid document.
In case of delay, the bills / invoices shall be submitted after
reducing the price reduction due to delay (refer PRS Clause).
10. a) Bidder confirms acceptance of all terms and conditions of
Bid Document (all sections).
b) Bidder confirms that printed terms and conditions of
bidder are not applicable.
11. Bidder confirms their offer is valid for period specified in
BDS from Final/Extended due date of opening of Techno-
commercial Bids.

12. Bidder have furnished EMD/Bid Security details as under:

a) EMD/ Bid Security No. & date
b) Value
c) Validity
d) Bank Address/e-mail ID/Mobile no. [in case of BG]
OR
Bidder furnishes bid security declaration [applicable for
MSEs, Start-Ups and CPSEs (to whom exemption is allowed
as per extant guidelines in vogue)]
13. As per requirement of tender, bidder (having status as Pvt.
Ltd. or Limited company) must upload bid duly digitally
signed on e-portal through class-3B digital signature (DS). In
case, class of DS or name of employee or name of employer

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Sl. DESCRIPTION BIDDER'S

CONFIRMATION
is not visible in the digitally signed documents, the bid
digitally signed as submitted by the person shall be binding on
the bidder.
14. Bidder confirms that
(i) none of Directors (in Board of Director) of bidder is a
relative of any Director (in Board of Director) of GAIL
or
(ii) the bidder is not a firm in which any Director (in Board of
Director) of GAIL or their relative is a partner.
15. All correspondence must be in ENGLISH language only.

16. The contents of this Tender Document have not been modified
or altered by Bidder. In case, it is found that the tender
document has been modified / altered by the bidder, the bid
submitted by them shall be liable for rejection.
17. Bidder confirms that all Bank charges associated with
Bidder’s Bank regarding release of payment etc. shall be
borne by Bidder.
18. No Deviation Confirmation:
It may be note that any 'deviation / exception' in any form may
result in rejection of Bid. Therefore, Bidder confirms that they
have not taken any 'exception / deviation' anywhere in the Bid.
In case any 'deviation / exception' is mentioned or noticed,
Bidder’s Bid may be rejected.
19. If the Bidder becomes a successful Bidder pursuant to the
provisions of the Tender Document, the following
Confirmation shall be automatically become enforceable:
"We agree and acknowledge that the Employer is entering into
the Contract/Agreement solely on its own behalf and not on
behalf of any other person or entity. In particular, it is
expressly understood & agreed that the Government of India
is not a party to the Contract/Agreement and has no liabilities,
obligations or rights thereunder. It is expressly understood and
agreed that the Purchaser is authorized to enter into
Contract/Agreement, solely on its own behalf under the
applicable laws of India. We expressly agree, acknowledge
and understand that the Purchaser is not an agent,
representative or delegate of the Government of India. It is
further understood and agreed that the Government of India is
not and shall not be liable for any acts, omissions,
commissions, breaches or other wrongs arising out of the
Agreement. Accordingly, we hereby expressly waive, release
and forego any and all actions or claims, including cross
claims, VIP claims or counter claims against the Government

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Sl. DESCRIPTION BIDDER'S

CONFIRMATION
of India arising out of the Agreement and covenants not to sue
to Government of India as to any manner, claim, cause of
action or things whatsoever arising of or under the
Agreement."
20. Bidder to ensure all documents as per tender including clause
11 of Section III and all Formats are included in their bid
21. Bidder understands that Tender Document is not exhaustive.
In case any activity though specifically not covered in
description of 'Schedule of Rates' but is required to complete
the work as per Scope of Work, Conditions of Contract, or
any other part of Bidding document, the quoted rates will
deemed to be inclusive of cost incurred for such activities
unless otherwise specifically excluded. Bidder confirms to
perform for fulfilment of the contract and completeness of the
supplies in all respect within the scheduled time frame and
quoted price.
22. Bidder hereby confirms that they are not on ‘Holiday’ by GAIL
or Public Sector Project Management Consultant (like EIL,
Mecon only due to “poor performance” or “corrupt and
fraudulent practices”) or banned by Government department/
Public Sector on due date of submission of bid.

Further, Bidder confirms that neither they nor their allied

agency/(ies) (as defined in the Procedure for Action in case of
Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on
banning list of GAIL or the Ministry of Petroleum and Natural
Gas.

Bidder also confirms that they are not under any liquidation,
court receivership or similar proceedings or 'bankruptcy'.

In case it comes to the notice of GAIL that the bidder has

given wrong declaration in this regard, the same shall be dealt
as ‘fraudulent practices’ and action shall be initiated as per the
Procedure for action in case of
Corrupt/Fraudulent/Collusive/Coercive Practices.

Further, Bidder also confirms that in case there is any change

in status of the declaration prior to award of contract, the same
will be promptly informed to GAIL by them.
23. Bidder confirms that they have read and understood the
General Conditions of Contract – Works available on GAIL’s
Tender website ([Link] &

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Sl. DESCRIPTION BIDDER'S

CONFIRMATION
no 'exception / deviation' anywhere has been taken in the same
and that they shall abide by provisions of relevant GCC.
24. Bidder certifies that they would adhere to the Fraud
Prevention Policy of GAIL [available on GAIL’s website
([Link])] and shall not indulge themselves or
allow others (working in GAIL) to indulge in fraudulent
activities and that they would immediately apprise GAIL of
the fraud/suspected fraud as soon as it comes to their notice.
Concealment of facts regarding their involvement in
fraudulent activities in connection with the business
transaction(s) of GAIL is liable to be treated as crime and dealt
with by the procedures of GAIL as applicable from time to
time.
25. Bidder confirms that (i) any variation in GST at the time of
supplies for any reasons, other than statutory, including
variations due to turnover, shall be borne by them and (ii) any
error of interpretation of applicability of rate of GST (CGST
& SGST/ UTGST or IGST) on components of an item and/or
various items of tender by them shall be dealt as per clause no.
13.13 of Section-III.
26. Bidders confirm to submit signed copy of Integrity Pact
(wherever included in tender).

If Bidder is a partnership concern or a consortium, this

agreement must be signed by all partners or consortium
members.
27. Bidder confirms that there is no conflict of interest with other
bidders, as per clause no.4.2 of Section-III (ITB) of Tender
Document.
28. Bidder confirms that, in case of contradiction between the
confirmations provided in this format and to the terms &
conditions mentioned elsewhere in the offer, the
confirmations given in this format shall prevail.
29. Bidder declares that uploaded copies are true copies of duly
executed originals.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:

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F-6
ACKNOWLEDGEMENT CUM CONSENT LETTER

(On receipt of tender document/information regarding the tender, Bidder shall acknowledge
the receipt and confirm his intention to bid or reason for non-participation against the
enquiry /tender through e-mail to concerned executive in GAIL issued the tender, by filling
up the Format)

To,

M/s GAIL (INDIA) LIMITED

___________________

SUB:
TENDER NO:

Dear Sir,

We hereby acknowledge receipt of a complete set of bidding document along with enclosures for
subject item/job and/or the information regarding the subject tender.

▪ We intend to bid as requested for the subject item/job and furnish following details with
respect to our quoting office:

Postal Address with Pin Code : ....................

Telephone Number : ....................
Contact Person : ....................
E-mail Address : ....................
Mobile No. : ....................
Date : ....................
Seal/Stamp : ....................

▪ We are unable to bid for the reason given below:

Reasons for non-submission of bid:

_____________________________________________________________________

Agency’s Name : ....................

Signature : ....................
Name : ....................
Designation : ....................
Date : ....................
Seal/Stamp : ....................

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F-7
BIDDER’S EXPERIENCE
To,

M/s GAIL (INDIA) LIMITED

___________________

SUB:
TENDER NO:

Sl. Descrip LOA Full Postal Value of Date of Scheduled Date of Reasons
No tion /WO Address & Contract/Order Commen Completio Actual for delay
of the No. phone nos. of (Specify cement of n Comple in
Service and Client. Name, Currency Services Time (Mo tion executio
s date designation Amount) nths) n, if any
and address of
Engineer/
Officer-in-
Charge (for
cases other
than
purchase)
(1) (2) (3) (5) (6) (7) (8) (9) (10)

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:

Note: As per [Link].D of Section-II, only documents (Work Order, Completion certificate,
Execution Certificate etc.) which have been referred/ specified in the bid shall be considered
in reply to queries during evaluation of Bids.

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F-8 (A)
CHECK LIST
Bidders are requested to duly fill in the checklist. This checklist gives only certain important
items to facilitate the bidder to make sure that the necessary data/information as called for in the
bid document has been submitted by them along with their offer. This, however, does not relieve
the bidder of his responsibilities to make sure that his offer is otherwise complete in all respects.
Please ensure compliance and tick (√) against following points:
S. No. DESCRIPTION CHECK REFERENCE
BOX PAGE NO. OF THE
BID SUBMITTED
1.0 Digitally Signing (in case of e-bidding)/ Signing and Stamping
(in case of manual bidding) on each sheet of offer, original
bidding
corrigendum (if any)
2.0 Confirm that the following details have been submitted in the
Un-priced
part of the bid
i Covering Letter, Letter of Submission
ii EMD / Declaration for Bid Security [as applicable] as per
provisions of Tender
iii Digitally signed (in case of e-tendering) or ‘signed & stamped (in
case of Manual tender) tender document along with drawings and
addendum (if any)
iv Power of Attorney in the name of person signing the bid.
v Confirm submission of document alongwith unpriced bid as per
bid requirement (including [Link].11.1.1 of Section-III).
3.0 Confirm that all format duly filled in are enclosed with the bid
duly
Stamped (in case of manual bidding) by authorised person(s)
4.0 Confirm that the price part as per Price Schedule format
submitted with Bidding Document/ uploaded in case of e-bid.

5.0 Confirm that Undertaking as per Form 1 of Annexure-III to

Section-III has been submitted (applicable for MSE and Class I
Local supplier ).
6.0 Confirm that Undertaking as per Form-2 to Annexure-V to
Section-III and Certification from the statutory auditor or cost
auditor of the company (in the case of companies) or from a
practicing cost accountant or practicing chartered accountant (in

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respect of other than companies) as per Form-3 to Annexure-V

to Section-III are submitted. (Applicable for all bidders
including MSEs bidders)
7.0 Confirm that Undertaking as per Form-1 to Section-II have been
submitted by the bidder (Guidelines from Procurement from a
Country sharing a Land Border with India)
8.0 Confirm submission of Checklist against Bid Evaluation Criteria
as per format F-8(B)

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:

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F-8(B)
CHECKLIST FOR BID EVALUATION CRITERIA (BEC) QUALIFYING DOCUMENTS
(refer Section II of Tender document)

BEC Description Documents required for qualification Documents Submitted Documents Reference
Clause by Bidder attested as per Page No. of the
No. Section-II of Bid submitted
Tender
Technical BEC
1. Experience (a) …………….
Yes/No
(b) …………..
(c) …………..

2 Experience of Certificate from End User Yes/No

bidder acquired as
a subcontractor

3. Job executed for Tax paid invoice(s) duly certified by statutory auditor of Yes/No
Subsidiary / Fellow the bidder towards payment of statutory tax in support of
subsidiary/ the job executed for Subsidiary / Fellow subsidiary/
Holding company. Holding company.
4. Any other (a) ……………. Yes/No
technical criteria
in BEC (b) …………..
(c) …………..

Financial BEC

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1. Average Annual Audited Financial Statements [including Auditor’s Submitted Yes/No

Turn Over Report, Balance sheet, Profit & Loss Accounts statements
and its Notes/schedules to acertain the Turnover, Net (Mention specific
Worth & Working Capital] for preceding three Audited year…………… )
Financial Years.

2. Net Worth Audited Financial Statements [including Auditor’s Submitted Yes/No

Report, Balance sheet, Profit & Loss Accounts statements
and its Notes/schedules to acertain the Turnover, Net (Mention specific year
Worth & Working Capital] for last Audited Financial ……………)
Year.
3. Working Capital Audited Financial Statements [including Auditor’s Submitted Yes/No
Report, Balance sheet, Profit & Loss Accounts statements
and its Notes/schedules to acertain the Turnover, Net (Mention specific
Worth & Working Capital.] for last Audited Financial year…………… )
Year.
If the bidder’s working capital is negative or inadequate,
the bidder shall submit a letter (in prescribed format) from Submitted/ Not
their bank having net worth not less than Rs.100 Crores, Applicable
confirming the availability of line of credit for at least (Bidder to tick
working capital requirement as stated above. appropriate option)

4. Format for Details Bidder shall submit “Details of financial capability of Submitted
of financial Bidder” in prescribed format duly signed and stamped by
capability of a chartered accountant / Certified Public Accountant
Bidder (CPA).

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal

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F-9
FORMAT FOR CERTIFICATE FROM BANK IF BIDDER’S WORKING CAPITAL IS
INADEQUATE/NEGATIVE

NOT APPLICABLE

(To be provided on Bank’s letter head)

Date:
To,
M/s. GAIL (India) Limited
---------------------
--------------------
-------------------
Dear Sir,

This is to certify that M/s ………………………………….. (name of the Bidder with address)
(hereinafter referred to as Customer) is an existing Customer of our Bank.

The Customer has informed that they wish to bid for GAIL’s Tender No.
.................................................. dated …………… for ……………………………………..(Name
of the supply/work/services/consultancy) and as per the terms of the said Tender Document they
have to furnish a certificate from their Bank confirming the availability of line of credit.

Accordingly M/s ………………………….. (name of the Bank with address) confirms availability
of line of credit to M/s …………………….. (name of the Bidder) for at least an amount of Rs.
_________

It is also confirmed that the net worth of the Bank is more than Rs. 100 Crores (or Equivalent
USD) and the undersigned is authorized to issue this certificate.

Yours truly

for …………………………… (Name & address of Bank)

(Authorized signatory)
Name of the signatory :
Designation :
Email Id :
Contact No. :
Stamp

Note:
This Declaration Letter for line of credit shall be from single bank only. Letters from multiple
banks shall not be applicable. However, banking syndicate will be acceptable wherein a group of
banks can jointly provide line of credit to the bidder.

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F-10
FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE/ CERTIFIED
PUBLIC ACCOUNTANT (CPA) FOR FINANCIAL CAPABILITY OF THE
BIDDER

NOT APPLICABLE

We have verified the Audited Financial Statements and other relevant records of
M/s……………………………… (Name of the bidder) and certify the following:
A. AVERAGE ANNUAL FINANCIAL TURNOVER* DURING THE LAST THREE
FINANCIAL YEARS:
Year Amount (Currency)
Year 1:
Year 2:
Year 3:
Total (A)
Average Annual Financial Turnover
during the last three financial years (A/3)
B. NET WORTH* AS PER AUDITED FINANCIAL STATEMENT OF PRECEDING
FINANCIAL YEAR:
Description Year _____
Amount (Currency)
1. Net Worth
C. WORKING CAPITAL* AS PER AUDITED FINANCIAL STATEMENT OF PRECEDING
FINANCIAL YEAR:
Description Year _____
Amount (Currency)
1. Current Assets
2. Current Liabilities
3. Working Capital (Current Assets-
Current liabilities)
*Refer Instructions
Notes:
1.0 It is further certified that the above mentioned applicable figures are matching with the
returns filed with Registrar of Companies (ROC) [Applicable only in case of Indian
Companies]
2.0 We confirm that above figures are after referring notes at page 2 of 2 of F-10.
3.0 Practicing Chartered Accountants shall generate Unique Document Identification Number
(UDIN) for all certificates issued by them
Name of Audit Firm: [Signature of Authorized Signatory]
Chartered Accountant/CPA Name:
Date: Designation:
Seal:
Membership No.:
UDIN:
(Page 1 of 2)

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Instructions:

1. The financial year would be the same as one normally followed by the bidder for its Annual
Report.

2. The bidder shall provide the audited annual financial statements as required for this Tender
document. Failure to do so would result in the Proposal being considered as non-
responsive.

3. For the purpose of this Tender document:

(i) Annual Turnover shall be “Revenue from Operations” as per Profit & Loss
account of audited annual financial statements”
In case the date of constitution/incorporation of the bidder is less than 3 years old,
the average turnover in respect of the completed financial years after the date of
constitution/ incorporation shall be taken into account for minimum Average
Annual Financial Turnover criteria.
(ii) Working Capital shall be “Current Assets less Current liabilities” and
(iii) Net Worth Aggregate value of the paid-up share capital and all reserves created
out of the profits and securities premium account, matter deducting the aggregate
value of the accumulated losses, deferred expenditure and miscellaneous
expenditure not written off, if any, but does not include reserves created out of
revaluation of assets, write- back of depreciation and amalgamation.
4. Above figures shall be calculated after considering the qualification, if any, made by
the statutory auditor on the audited financial statements of the bidder including
quantified financial implication.

This certificate is to be submitted on the letter head of Chartered Accountant/CPA.

(Page 2 of 2)

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F-11

DELETED

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F-12
BIDDER'S QUERIES FOR PRE BID MEETING
To,

M/s GAIL (INDIA) LIMITED

Sub :

Tender No :

SL. REFERENCE OF BIDDING DOCUMENT BIDDER'S QUERY GAIL'S REPLY

NO. Subject
SEC. Page No. Clause
NO. No.

NOTE: The Pre-Bid Queries may be sent by e-mail before due date for receipt of Bidder's queries.

SIGNATURE OF BIDDER: ___________________________

NAME OF BIDDER : ___________________________

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F-13
E-BANKING MANDATE FORM
(APPLICABLE ONLY IN CASE BIDDER’S BANK ACCOUNT IS NOT MAPPED IN GAIL)
(To be issued on vendors letter head)
1. Vendor/customer Name:

2. Vendor/customer Code:

3. Vendor /customer Address:

4. Vendor/customer e-mail id:

5. Particulars of bank account

a) Account Holder / Beneficiary Name:
b) Name of Bank:
c) Name of branch:
d) Branch code:
e) Address:
f) Telephone number:
g) Type of account (current/saving etc):
h) Account Number:
i) IFSC code of the bank branch:
j) Reason (if) Vendor (S.N.1) and Account Holder
/ Beneficiary name (S.N. 5 (a)) is not the same

I/We hereby authorize GAIL (India) Limited & its wholly owned subsidiary 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 Account Holder/Beneficiary ______________________________ has an Account no.

______________________________ and IFSC Code : ______________________________ 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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F-15
INDEMNITY BOND

WHEREAS GAIL (India) Ltd. (hereinafter referred to as “GAIL”) which expression shall, unless
repugnant to the context include its successors and assigns, having its registered office at 16, Bhikaiji,
Cama Place, R.K. Puram, New Delhi 110066 has entered into a contract with
M/s*…………………………. (hereinafter referred to as the “Contractor”) which expression shall
unless repugnant to the context include its representatives, successors and assigns, having its registered
office at *………………….. and on the terms and conditions as set out, inter-alia in the [ mention the
work order/LOA/Tender No.]and various documents forming part thereof, hereinafter collectively referred
to as the ‘CONTRACT’ which expression shall include all amendments, modifications and / or variations
thereto.

GAIL has also advised the Contractor to execute an Indemnity Bond in general in favour of GAIL
indemnifying GAIL and its employees and Directors including Independent Directors from all
consequences which may arise out of any prospective litigation or proceedings filed or may be initiated
by any third party, including any Banker / financial institution / worker(s) /vendor(s)/ subcontractor(s) etc.
who may have been associated or engaged by the Contractor directly or indirectly with or without consent
of GAIL for above works.

NOW, THEREFORE, in consideration of the promises aforesaid, the Contractor hereby irrevocably and
unconditionally undertakes to indemnify and keep indemnified GAIL and all its employees, Directors,
including Independent Directors, from and against all/any claim(s), damages, loss, which may arise out of
any litigations/ liabilities that may be raised by the Contractor or any third party against GAIL under or in
relation to this contract. The Contractor undertakes to compensate and pay to GAIL and/or any of its
employees, Directors including Independent Directors, forth with on demand without any protest the
amount claimed by GAIL for itself and for and on behalf of its employees, Directors including
Independent Directors together with direct/indirect expenses including all legal expenses incurred by them
or any of them on account of such litigation or proceedings.

AND THE CONTRACTOR hereby further agrees with GAIL that:

(i) This Indemnity shall remain valid and irrevocable for all claims of GAIL and/or any of its
employees and Directors including Independent Directors arising out of said contract with respect
to any such litigation / court case for which GAIL and/or its employees and Directors including
Independent Directors has been made party until now or here-in-after.

(ii) This Indemnity shall not be discharged/revoked by any change/

modification/amendment/assignment of the contract or any merger of the Contractor with other
entity or any change in the constitution/structure of the Contractor’s firm/Company or any
conditions thereof including insolvency etc. of the Contractor, but shall be in all respects and for
all purposes binding and operative until any/all claims for payment of GAIL are settled by the
Contractor and/or GAIL discharges the Contractor in writing from this Indemnity.

The undersigned has full power to execute this Indemnity Bond for and on behalf of the

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Contractor and the same stands valid.

SIGNED BY :

For [ Contractor]

Authorised Representative

Place:

Dated:

Witnesses:
1.
2

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F-16

FREQUENTLY ASKED QUESTIONS (FAQs)

[Link]. QUESTION ANSWER

1.0 Can any vendor quote for subject Yes. A Vendor has to meet Bid Evaluation
Tender? Criteria given under Section II of Tender
document in addition to other requirements.
2.0 Should the Bid Evaluation Criteria Yes. Please refer Section II of Tender
documents be attested? document
3.0 Is attending Pre Bid Meeting mandatory. No. Refer Clause No. 17 of Instruction to
Bidders of Tender Document. However
attending Pre Bid Meeting is recommended to
sort out any issue before submission of bid by
a Bidder.
4.0 Can a vendor submit more than 1 offer? No. Please refer Clause No. 4 of Instruction
to Bidders of Tender Document.

5.0 Is there any Help document available for Refer FAQs as available on Govt. e-
e-Tender. Procurement System of National Informatics
Center (NIC)
[Link]
6.0 Are there are any MSE (Micro & Small Yes. Refer Clause No. 40 of Instructions to
Enterprises) benefits available? Bidders of Tender Document.

7.0 Are there are any benefits available to Refer Clause No. 49 of Instructions to
Startups? Bidders of Tender Document.

All the terms and conditions of Tender remain unaltered.

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F-17

UNDERTAKING REGARDING SUBMISSION OF ELECTRONIC INVOICE (E-INVOICE AS

PER GST LAWS)
(to be submitted on letter head along with documents for release of payment)

To,
M/s GAIL (INDIA) LIMITED
………………………

SUB: ……………………………………
PO NO: ………………………………….

Dear Sir,

We _______________________ (Name of the Supplier) hereby confirm that E-Invoice provision as per the
GST Law is

(i) Applicable to us [ ]

(ii) Not Applicable to us [ ]

(Supplier is to tick appropriate option [✓]above).

In case, same is applicable to us, we confirm that we will submit E-Invoice after complying with all the
requirements of GST Laws. If the invoice issued without following this process, such invoice can-not be
processed for payment by GAIL as no ITC is allowed on such invoices. We also confirm that If input tax
credit is not available to GAIL for any reason attributable to Supplier (both for E-invoicing cases and non-
E-invoicing cases), then GAIL shall not be obligated or liable to pay or reimburse GST (CGST &
SGST/UTGST or IGST) claimed in the invoice(s) and shall be entitled to deduct / setoff / recover such
GST amount (CGST & SGST/UTGST or IGST) or Input Tax Credit amount together with penalties and
interest, if any, by adjusting against any amounts paid or becomes payable in future to the Supplier under
this contract or under any other contract.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:

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F-18

NO CLAIM CERTIFICATE
(TO BE SUBMITTED BEFORE RELEASE OF CPS/SECURITY DEPOSIT)

[On the Letter-head of Supplier/Vendor]

We, _________________, a company incorporated under the laws of India/ a Consortium

between *___ and *____ (name of Consortium partners to be inserted)/ a Partnership Firm
consisting of *___ and *___ (name of Partners to be inserted)/ a Sole Proprietorship (as the case
may be), having its registered office at __________________ and carrying on business under the
name and style M/s. _______________________ were awarded the contract by GAIL (India) Ltd.
in reference to Tender No. ______________ dated _______ (“Order/Contract”).

After completion of the above-said items/job under the Order/Contract, we have scrutinized all
our claims, contentions, disputes, issues and we hereby confirm that after adjusting all payments
received by us against our R.A. Bills and final bill, we have no claims, dues, issues and contentions
from GAIL (India) Ltd.

We further absolve GAIL (India) Ltd. from all liabilities present or future arising directly or
indirectly out of the Contract.

There is no economic duress or any other compulsion on us for submission of this no claim
certificate.

Signature with Seal of Supplier/Vendor

Dated:

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F-19
THIRD PARTY DEPOSIT CONFIRMATION LETTER FOR CPS & EMD

Date: _ _/_ _/_ _ _ _

To,
GAIL (India) Limited,
………………………….
………………………….
…………………………..
Dear Sir/ Madam
Sb: Issuance of Cumulative FDR..................... amounting to ₹.................valid till................

It is hereby certified that Cumulative Fixed Deposit Receipt (FDR) bearing number....................dated...............
amounting to ₹....................... (Amount in figure and words) has been issued by ..................... (Name of the Bank)
branch address.................... The maturity value is ₹...................... on dated...................

This FDR has been issued on the request of M/s ................................... (Name of the contractor) under the PO no.
/ W.O. No/Tender no.. ............................................................................. …This FDR can be encashed/ redeemed
without any consent/ letter from the contractor M/s...............................(Name of the contractor) on the demand by
M/s GAIL (India) Limited and the payment will be made to M/s GAIL (India) Limited excluding the interest earned
thereon. The Contractor cannot encash/ premature above FDR unless above original FDR is accompanied by the
discharge letter/NOC/approval of GAIL.
If the FDR is not withdrawn, till date of maturity, it may be renewed or treated as instructed by the Contractor &
GAIL for renewal.

This FDR has been issued by authorized signatory of the Bank.

For or on behalf of ...................................... [Name of the Bank & Branch details (Including IFS Code)]
Signature……………………………..

Name:………………………
Designation:……………
Contact no. …………………
Email Id. ……………………
Stamp of Bank……………………….

Note:
(i) This letter forms an integrated part of FDR
(ii) In case confirmation is required, the communication can be send to the following:
Details for confirmations (including Address, Email Id, IFS Code and contact no.)

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F-20
PROFORMA OF "INSURANCE SURETY BOND" FOR "EARNEST MONEY DEPOSIT/ BID
SECURITY"
(To be stamped in accordance with the Stamp Act)

To, Insurance Surety Bond No.

M/s GAIL (India) Limited Date of Insurance Surety Bond
___________________ Insurance Surety Bond Valid up to
(Expiry date)
Claim period up to (indicate date of
expiry of claim period which includes
minimum three months from the expiry
date)
Stamp Sl. No./e-Stamp Certificate No.

Dear Sir(s),
M/s. __________________________________________________________________ having registered office at
_______________________ (herein after called the “Contractor/Supplier” which expression shall wherever the context
so require include its successors and assignees) have been placed/ awarded the job/work of
_______________________________________________ vide PO/LOA /FOA No.
_______________________________dated______ for GAIL (India) Limited having registered office at 16, Bhikaiji
Cama Place, R.K. Puram, New Delhi (herein after called the “GAIL” which expression shall wherever the context so
require include its successors and assignees).

The Contract conditions provide that the CONTRACTOR/SUPPLIER shall pay a sum of Rs. ____________________
(Rupees _________________________________________) as full Contract Performance Guarantee in the form
therein mentioned. The form of payment of Insurance Surety Bond executed by Insurer, undertaking full responsibility
to indemnify GAIL (INDIA) LIMITED, in case of default.

The said M/s._______________________________________________ (herein after called the “insurer” which

expression shall wherever the context so require include its successors and assignees) has approached us and at their
request and in consideration of the premises we having our office at ______________________________ have agreed
to give such guarantee as hereinafter mentioned.

1. We _____________________________________________________________ hereby undertake to give the

irrevocable & unconditional guarantee in form of Insurance Surety Bond to GAIL that if default shall be made
by M/s. __________________________________ in performing any of the terms and conditions of the
tender/order/contract or in payment of any money payable to GAIL (INDIA) LIMITED we shall on first
demand, pay without demur, contest, protest and/ or without any recourse to the contractor to GAIL in such
manner as GAIL may direct, the said amount of Rupees _____________________________ only or such
portion thereof not exceeding the said sum as you may require from time to time.
2. You will have the full liberty without reference to us and without affecting this Insurance Surety Bond, to
postpone for any time or from time to time the exercise of any of the powers and rights conferred on you under
the order/contract with the said M/s. _______________________________

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and to enforce or to forbear from endorsing any powers or rights or by reason of time being given to the said
M/s.__________________________ and such postponement forbearance would not have the effect of
releasing the insurer from its obligation under this debt.

3. Your right to recover the said sum of Rs. ______________________________________ (Rupees

_______________________________________) from us in manner aforesaid is absolute & unequivocal and
will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said
M/s. ___________________________ and/or that any dispute or disputes are pending before any officer,
tribunal or court or arbitrator or any other authority/forum and any demand made by you to the Insurer shall be
conclusive and binding. The Insurer shall not be released of its obligations under these presents by any exercise
by you of its liberty with reference to matter aforesaid or any of their or by reason or any other act of omission
or commission on your part or any other indulgence shown by you or by any other matter or changed what so
ever which under law would, but for this provision, have the effect of releasing the insurer.

4. The Insurance Surety Bond herein contained shall not be determined or affected by the liquidation or winding
up dissolution or changes of constitution or insolvency of the said supplier/contractor but shall in all respects
and for all purposes be binding and operative until payment of all money due to you in respect of such liabilities
is paid.

5. The Insurer undertakes not to revoke this Insurance Surety Bond during its currency without your previous
consent and further agrees that the Insurance Surety Bond shall continue to be enforceable until it is discharged
by GAIL in writing. However, if for any reason, the Contractor/Supplier is unable to complete the supply/work
within the period stipulated in the order/contract and in case of extension of the date of delivery/completion
resulting extension of defect liability period/guarantee period of the supplier/contractor fails to perform the
supply/work fully, the insurer hereby agrees to further extend this Insurance Surety Bond at the instance of the
Contractor/Supplier till such time as may be determined by GAIL. If any further extension of this Insurance
Surety Bond is required, the same shall be extended to such required period on receiving instruction from M/s.
___________________________________________________ (contractor) on whose behalf this Insurance
Surety Bond is issued.

6. Insurer also agrees that GAIL at its option shall be entitled to enforce this Insurance Surety Bond against
the Insurer (as principal debtor) in the first instant, without proceeding against the Contractor/Supplier and
notwithstanding any security or other guarantee that GAIL may have in relation to the Contractor/Supplier’s
liabilities.

7. The amount under the Insurance Surety Bond is payable forthwith without any delay by Insurer upon the
written demand raised by GAIL. Any dispute arising out of or in relation to the said Insurance Surety Bond
shall be subject to the exclusive jurisdiction of courts at New Delhi.

8. Therefore, we hereby affirm that we are guarantors and responsible to you on behalf of the
Contractor/Supplier up to a total amount of __________(amount of guarantees in words and figures) and
we undertake to pay you, upon your first written demand declaring the Contractor/Supplier to be in default
under the order/contract and without caveat or argument, any sum or sums within the limits of (amounts of

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guarantee) as aforesaid, without your needing to prove or show grounds or reasons for your demand or the
sum specified therein.

9. We have power to issue this Insurance Surety Bond in your favor under our Memorandum and Articles of
Association, and the undersigned has full power to sign and execute documents under the Power of Attorney,
dated ___________ granted to him by the Insurer.

11. Notwithstanding anything contained herein:

a) The Insurer’s liability under this Insurance Surety Bond shall not exceed (currency in figures) . . . . . . . . . .
. . . . . . (currency in words only ) . . . . .
b) This Insurance Surety Bond shall remain in force upto ___________ (this date should be expiry date of
defect liability period of the Contract) and any extension(s) thereof; and

12. The Insurer shall be released and discharged from all liability under this Insurance Surety Bond unless a
written claim or demand is issued to the Insurer on or before the midnight of ………………….(indicate
date of expiry of claim period which includes minimum three months from the expiry of this Insurance
Surety Bond) and if extended, the date of expiry of the last extension of this Insurance Surety Bond. If a
claim has been received by us within the said date, all the rights of GAIL under this Insurance Surety Bond
shall be valid and shall not cease until we have satisfied that claim.

Details of next Higher Authority of the Officials who have issued the Insurance Surety Bond:

Name …………………………….
Designation …………………..

Yours faithfully,
_______________
Insurer by its Constituted Attorney

Signature of a person duly

Authorized to sign on behalf of the Insurer

INSTRUCTIONS FOR FURNISHING

"CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT" BY "INSURANCE SURETY BOND"

a) The Insurance Surety Bond shall be from Insurance Regulatory and Development Authority of India
(IRDAI) registered general insurance companies as per guidelines issued by Insurance Regulatory and
Development Authority of India (IRDAI).
b) The Employer shall be the Creditor, the Bidder shall be the Principal debtor and the Insurance
company/Insurer shall be the Surety in respect of the Insurance Surety Bond to be issued by the Insurer.
c) The Insurance Surety Bond should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as
per Stamp Act prevailing in the state(s) where the Insurance Surety Bond is submitted or is to be acted upon

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or the rate prevailing in State where the Insurance Surety Bond is executed, whichever is higher. The Stamp
Paper/e-stamp paper shall be purchased in the name of Bidder/Insurer issuing the Insurance Surety Bond.
d) The Insurance Surety Bond by successful Bidder(s) will be given on non-judicial stamp paper as per 'stamp
duty' applicable. The non-judicial stamp paper should be in name of the issuing Insurer.
e) The Insurance Surety Bond by Bidders will be given from insurer as specified in [Link]. XX of ITB [Section-
III] of Tender Document.
f) A letter from the issuing insurer of the requisite Insurance Surety Bond confirming that said Insurance
Surety Bond and all future communication relating to the Insurance Surety Bond shall be forwarded to
Purchaser.
g) Supplier/Contractor shall submit attached cover letter (Annexure) while submitting Contract Performance
Security / Security Deposit.

MATTER TO BE MENTIONED IN COVERING LETTER TO BE SUBMITTED BY VENDOR ALONG

WITH INSURANCE SURETY BOND
1
INSURANCE SURETY BOND NO :

VENDOR NAME / VENDOR

2 CODE : NAME
VENDOR CODE

INSURANCE SURETY BOND

3 AMOUNT :

4 PURCHASE ORDER/ LOA NO :

NATURE OF INSURANCE
5 SURETY BOND :
(Please Tick ( √ ) Whichever is PERFORMANCE SECURIT
Applicable INSURANCE Y
SURETY BOND DEPOSIT EMD ADVANCE

(A) EMAIL ID :
INSURER DETAILS
(B) ADDRESS :

(C) PHONE NO :

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F-21
PROFORMA OF "INSURANCE SURETY BOND" FOR "CONTRACT PERFORMANCE
SECURITY / SECURITY DEPOSIT"
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

To, Insurance Surety Bond No.

M/s GAIL (India) Limited Date of Insurance Surety Bond
___________________ Insurance Surety Bond Valid up to
(Expiry date)
Claim period up to (indicate date of
expiry of claim period which includes
minimum three months from the expiry
date)
Stamp Sl. No./e-Stamp Certificate No.

Dear Sir(s),
M/s. __________________________________________________________________ having registered office at
_______________________ (herein after called the “Contractor/Supplier” which expression shall wherever the context
so require include its successors and assignees) have been placed/ awarded the job/work of
_______________________________________________ vide PO/LOA /FOA No.
_______________________________dated______ for GAIL (India) Limited having registered office at 16, Bhikaiji
Cama Place, R.K. Puram, New Delhi (herein after called the “GAIL” which expression shall wherever the context so
require include its successors and assignees).

The Contract conditions provide that the CONTRACTOR/SUPPLIER shall pay a sum of Rs. ____________________
(Rupees _________________________________________) as full Contract Performance Guarantee in the form
therein mentioned. The form of payment of Insurance Surety Bond executed by Insurer, undertaking full responsibility
to indemnify GAIL (INDIA) LIMITED, in case of default.

The said M/s._______________________________________________ (herein after called the “insurer” which

expression shall wherever the context so require include its successors and assignees) has approached us and at their
request and in consideration of the premises we having our office at ______________________________ have agreed
to give such guarantee as hereinafter mentioned.

1. We _____________________________________________________________ hereby undertake to give the

irrevocable & unconditional guarantee in form of Insurance Surety Bond to GAIL that if default shall be made
by M/s. __________________________________ in performing any of the terms and conditions of the
tender/order/contract or in payment of any money payable to GAIL (INDIA) LIMITED we shall on first
demand, pay without demur, contest, protest and/ or without any recourse to the contractor to GAIL in such
manner as GAIL may direct, the said amount of Rupees _____________________________ only or such
portion thereof not exceeding the said sum as you may require from time to time.

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2. You will have the full liberty without reference to us and without affecting this Insurance Surety Bond, to
postpone for any time or from time to time the exercise of any of the powers and rights conferred on you under
the order/contract with the said M/s. _______________________________
and to enforce or to forbear from endorsing any powers or rights or by reason of time being given to the said
M/s.__________________________ and such postponement forbearance would not have the effect of
releasing the insurer from its obligation under this debt.

3. Your right to recover the said sum of Rs. ______________________________________ (Rupees

_______________________________________) from us in manner aforesaid is absolute & unequivocal and
will not be affected or suspended by reason of the fact that any dispute or disputes have been raised by the said
M/s. ___________________________ and/or that any dispute or disputes are pending before any officer,
tribunal or court or arbitrator or any other authority/forum and any demand made by you to the Insurer shall be
conclusive and binding. The Insurer shall not be released of its obligations under these presents by any exercise
by you of its liberty with reference to matter aforesaid or any of their or by reason or any other act of omission
or commission on your part or any other indulgence shown by you or by any other matter or changed what so
ever which under law would, but for this provision, have the effect of releasing the insurer.

4. The Insurance Surety Bond herein contained shall not be determined or affected by the liquidation or winding
up dissolution or changes of constitution or insolvency of the said supplier/contractor but shall in all respects
and for all purposes be binding and operative until payment of all money due to you in respect of such liabilities
is paid.

5. The Insurer undertakes not to revoke this Insurance Surety Bond during its currency without your previous
consent and further agrees that the Insurance Surety Bond shall continue to be enforceable until it is discharged
by GAIL in writing. However, if for any reason, the Contractor/Supplier is unable to complete the supply/work
within the period stipulated in the order/contract and in case of extension of the date of delivery/completion
resulting extension of defect liability period/guarantee period of the supplier/contractor fails to perform the
supply/work fully, the insurer hereby agrees to further extend this Insurance Surety Bond at the instance of the
Contractor/Supplier till such time as may be determined by GAIL. If any further extension of this Insurance
Surety Bond is required, the same shall be extended to such required period on receiving instruction from M/s.
___________________________________________________ (contractor) on whose behalf this Insurance
Surety Bond is issued.

6. Insurer also agrees that GAIL at its option shall be entitled to enforce this Insurance Surety Bond against
the Insurer (as principal debtor) in the first instant, without proceeding against the Contractor/Supplier and
notwithstanding any security or other guarantee that GAIL may have in relation to the Contractor/Supplier’s
liabilities.

7. The amount under the Insurance Surety Bond is payable forthwith without any delay by Insurer upon the
written demand raised by GAIL. Any dispute arising out of or in relation to the said Insurance Surety Bond
shall be subject to the exclusive jurisdiction of courts at New Delhi.

8. Therefore, we hereby affirm that we are guarantors and responsible to you on behalf of the
Contractor/Supplier up to a total amount of __________(amount of guarantees in words and figures) and

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we undertake to pay you, upon your first written demand declaring the Contractor/Supplier to be in default
under the order/contract and without caveat or argument, any sum or sums within the limits of (amounts of
guarantee) as aforesaid, without your needing to prove or show grounds or reasons for your demand or the
sum specified therein.

9. We have power to issue this Insurance Surety Bond in your favor under our Memorandum and Articles of
Association, and the undersigned has full power to sign and execute documents under the Power of Attorney,
dated ___________ granted to him by the Insurer.

13. Notwithstanding anything contained herein:

a) The Insurer’s liability under this Insurance Surety Bond shall not exceed (currency in figures) . . . . . . . . . .
. . . . . . (currency in words only ) . . . . .
b) This Insurance Surety Bond shall remain in force upto ___________ (this date should be expiry date of
defect liability period of the Contract) and any extension(s) thereof; and

14. The Insurer shall be released and discharged from all liability under this Insurance Surety Bond unless a
written claim or demand is issued to the Insurer on or before the midnight of ………………….(indicate
date of expiry of claim period which includes minimum three months from the expiry of this Insurance
Surety Bond) and if extended, the date of expiry of the last extension of this Insurance Surety Bond. If a
claim has been received by us within the said date, all the rights of GAIL under this Insurance Surety Bond
shall be valid and shall not cease until we have satisfied that claim.

Details of next Higher Authority of the Officials who have issued the Insurance Surety Bond:

Name …………………………….
Designation …………………..

Yours faithfully,
_______________
Insurer by its Constituted Attorney

Signature of a person duly

Authorized to sign on behalf of the Insurer

INSTRUCTIONS FOR FURNISHING

"CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT" BY "INSURANCE SURETY BOND"

h) The Insurance Surety Bond shall be from Insurance Regulatory and Development Authority of India
(IRDAI) registered general insurance companies as per guidelines issued by Insurance Regulatory and
Development Authority of India (IRDAI).
i) The Employer shall be the Creditor, the Bidder shall be the Principal debtor and the Insurance
company/Insurer shall be the Surety in respect of the Insurance Surety Bond to be issued by the Insurer.

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j) The Insurance Surety Bond should be on Non-Judicial stamp paper/e-stamp paper of appropriate value as
per Stamp Act prevailing in the state(s) where the Insurance Surety Bond is submitted or is to be acted upon
or the rate prevailing in State where the Insurance Surety Bond is executed, whichever is higher. The Stamp
Paper/e-stamp paper shall be purchased in the name of Bidder/Insurer issuing the Insurance Surety Bond.
k) The Insurance Surety Bond by successful Bidder(s) will be given on non-judicial stamp paper as per 'stamp
duty' applicable. The non-judicial stamp paper should be in name of the issuing Insurer.
l) The Insurance Surety Bond by Bidders will be given from insurer as specified in [Link]. XX of ITB [Section-
III] of Tender Document.
m) A letter from the issuing insurer of the requisite Insurance Surety Bond confirming that said Insurance
Surety Bond and all future communication relating to the Insurance Surety Bond shall be forwarded to
Purchaser.
n) Supplier/Contractor shall submit attached cover letter (Annexure) while submitting Contract Performance
Security / Security Deposit.

MATTER TO BE MENTIONED IN COVERING LETTER TO BE SUBMITTED BY VENDOR ALONG

WITH INSURANCE SURETY BOND
1
INSURANCE SURETY BOND NO :

VENDOR NAME / VENDOR

2 CODE : NAME
VENDOR CODE

INSURANCE SURETY BOND

3 AMOUNT :

4 PURCHASE ORDER/ LOA NO :

NATURE OF INSURANCE
5 SURETY BOND :
(Please Tick ( √ ) Whichever is PERFORMANCE SECURIT
Applicable INSURANCE Y
SURETY BOND DEPOSIT EMD ADVANCE

(A) EMAIL ID :
INSURER DETAILS
(B) ADDRESS :

(C) PHONE NO :

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SECTION-IV
GENERAL CONDITIONS OF
CONTRACT (GCC)

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GENERAL CONDITIONS OF CONTRACT

[Rev.0]
FOR
PROCUREMENT OF WORKS

GAIL (India) Limited •

GCC-Works [Rev.0]

Document Control No. GAIL/C&P/GCC-Works-0003/Rev0

Issue date: May 2004

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TABLE OF CONTENTS
GENERAL CONDITIONS OF CONTRACT

[Link]. Description

SECTION-I DEFINITIONS

1.0 Definition of Terms

SECTION-II GENERAL INFORMATION

2.0 General Information

2.1 Location of Site
Access by Road
2.2 Scope of Work
2.3 Water Supply
2.4 Power Supply
2.5 Land for Contractor's field office,
Godown and Workshop
2.6 Land for Residential Accommodation

SECTION-III GENERAL INSTRUCTIONS TO TENDERERS

3.0 Submission of Tender

4.0 Documents
4.1 General
4.2 All pages to be initialed
4.3 Rates to be in figures and words
4.4 Corrections and Erasures
4.5 Signature of Tenderer
4.6 Witness
4.7 Details of Experience
4.8 Liability of Government of India

5.0 Transfer of Tender Documents

6.0 Earnest Money
7.0 Validity
8.0 Addenda/Corrigenda
9.0 Right of Employer to Accept or Reject Tender
10.0 Time Schedule
11.0 Tenderer's Responsibility
12.0 Retired Government or Company Officers
13.0 Signing of the Contract
14.0 Field Management & Controlling/Coordinating
Authority
15.0 Note to Schedule of Rates
16.0 16.1 Policy for Tenders under consideration
16.2 Zero Deviation
17.0 Award of Contract
18.0 Clarification of Tender Document
19.0 Local Conditions
20.0 Abnormal Rates

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SECTION-IV GENERAL OBLIGATIONS

21.1 Priority of Contract Documents

21.2 Headings & Marginal Notes

21.3 Singular and Plural
21.4 Interpretation
22.0 Special Conditions of Contract
23.0 Contractor to obtain his own information
24.0 Contract Performance Security
25.0 Time of Performance
25.1 Time for Mobilisation
25.2 Time Schedule of Construction
26.0 Force Majeure
26.1 Conditions for Force Majeure
26.2 Outbreak of War
27.0 Price Reduction Schedule
27.3 Bonus for Early Completion
28.0 Rights of Employer to forfeit Contract Performance Security
29.0 Failure by the Contractor to comply with the
provisions of the contract
30.0 Contractor remains liable to pay compensation
if action not taken under Clause 29.0
31.0 Change in Constitution
32.0 -A Termination of Contract for Death
32.0-B Termination of Contract for Liquidation,
Bankruptcy etc.
32.0-C Termination of Contract for Non-Performance and
subsequently putting the Contractor on Holiday
33.0 Members of the Employer not individually liable
34.0 Employer not bound by personal representations
35.0 Contractor's office at site
36.0 Contractor's subordinate staff and their conduct
37.0 Sub letting of Works
Sub contracts for Temporary works etc.
List of sub-contractors to be supplied
Contractor's liability not limited by Sub-Contractors
Employer may terminate sub contracts
No remedy for action taken under this clause

38.0 Power of Entry

39.0 Contractor's responsibility with Mechanical,
Electrical, Intercommunication System, Air
Conditioning Contractors and other agencies
40.0 Other Agencies at site
41.0 Notices
41.1 To the Contractor
41.2 To the Employer
42.0 Rights of various Interests
43.0 Patents and Royalties
44.0 Liens
45.0 Delays by Employer or his authorised agents
46.0 Payments if Contract is terminated
47.0 No waiver of Rights

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48.0 Certificate not to affect •Right of Employer and Liability of

Contractor
49.0 Languages & Measures
50.0 Transfer of Title
51.0 Release of Information
52.0 Brand Names
53.0 Completion of Contract
54.0 Spares

SECTION-V PERFORMANCE OF WORK

55.0 Execution of Work

56.0 Co-ordination and Inspection of work
57.0 Work in Monsoon & Dewatering
58.0 Work on Sundays & Holidays
59.0 General Conditions for construction &
Erection Work
60.0 Alterations in specification, Design &
Extra Work
61.0 Drawings to be supplied by the Employer
62.0 Drawings to be supplied by the Contractor
.63.0 Setting out works
64.0 Responsibility for Levels and Alignment
65.0 Materials to be supplied by contractor
66.0 Stores supplied by Employer
67.0 Conditions for issue of material
68.0 Materials Procured with assistance of
Employer/Return of surplus
69.0 Materials obtained from dismantling
70.0 Articles of Value found
71.0 Discrepancies between instructions
72.0 Action where no specification is issued
73.0 Inspection of Works
74.0 Tests for Quality of Works
75.0 Samples for approval
76.0 Action and Compensation in case of bad work
77.0 Suspension of Work
78.0 Employer may do part of work
79.0 Possession prior to completion
80.0 Twelve months period of liability from the
date of issue of completion certificate
80.3 Limitation of Liability
81.0 Care of Works
81.1 Defects prior to taking over
81.2 Defects after taking over
82.0 Guarantee/Transfer of Guarantee
83.0 Training of Employer's personnel
84.0 Replacement of Defective parts & materials
85.0 Indemnity
86.0 Construction Aids, Equipments, Tools & Tacldes

SECTION-VI CERTIFICATES AND PAYMENTS

87.0 Schedule of Rates and Payments

i) Contractor's Remuneration

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Schedule of Rates to be inclusive

Schedule of Rates to cover construction
equipment, materials, labour etc.
Schedule of Rates to cover Royalties, Rents
and claims.
Schedule of Rates to cover taxes & duties
Schedule of Rates to cover risks of delay
Schedule of Rates cannot be altered
88.0 Procedure for Measurement and billing
of works in progress
88.1 Billing Procedure
88.2 Secured Advance on materials
88.3 Dispute in mode of measurement
88.4 Rounding of Amounts
89.0 Lumpsum in Tender
90.0 Running Account Payments to be regarded
as advances
91.0 Notices of Claims for Additional Payments
92.0 Payment of Contractor's bills
93.0 Receipt for Payment
94.0 Completion Certificate
94.1 Application for Completion Certificate
94.2 Completion Certificate
94.3 Completion Certificate Documents
95.0 Final Decision & Final Certificate
96.0 Certificate and Payments No evidence of completion
97.0 Deduction from Contract Price

SECTION-VII TAXES AND INSURANCE

98.0 Taxes, Duties, Octroi etc.

99.0 Sales Tax/Turnover Tax
100.0 Statutory Variations •
101.0 Insurance
101.1 General
Employees State Insurance Act
Workmen Compensation and Employee's Liability
Insurance
Accident or injury to workmen
Transit Insurance
Automobile
General Liability
Any other Insurance required under law or regulations
by Employer
102.0 Damage to Property or to any Person or any Third Party

SECTION-VHI LABOUR LAWS

103.0 Labour laws

104.0 Implementation of Apprentices Act 1961
105.0 Contractor to indemnify the Employer
106.0 Health and Sanitary Arrangement for worker

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SECTION-IX APPLICABLE LAWS AND SETTLEMENT OF

DISPUTES

107.0 Arbitration
108.0 Jurisdiction

SECTION-X SAFETY CODES

109.0 General
110.0 Safety Regulations
I 11.0 First Aid and Industrial Injuries
112.0 General Rules
113.0 Contractor's barricades
114.0 Scaffolding
115.0 Excavation and Trenching
116.0 Demolition/General Safety
117.0 Care in Handling Inflammable Gas
118.0 Temporary Combustible Structures
119.0 Precautions Against Fire
120.0 Explosives
121.0 Mines Act
122.0 Preservation of Places
123.0 Outbreak of Infectious diseases
124.0 Use of intoxicants

ANNEXURES TO GCC

I. Proforma of Agreement
2. Proforma for Indemnity Bond for Advance against material

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General Conditions of Contract

SECTION- I DEFINITIONS

1. Definition of Terms: 1.1 In this CONTRACT (as here-in-after defined) the following words
and expressions shall have the meanings hereby assigned to them
except where the context otherwise required.

The EMPLOYER/COMPANY/GAIL means GAIL (INDIA) LTD., a

public limited company, incorporated under the Company's act
1956 and having its Registered office at 16, Bhikaji Came Place,
New Delhi 110066 and includes its successors and assigns.

1.1.2 The "CONTRACTOR" means the person or the persons, firm or

Company or corporation whose tender has been accepted by the
EMPLOYER and includes the CONTRACTOR's legal
Representatives his successors and permitted assigns.

1.1.3 The ENGINEER/ENGINEER-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.

1.1.4 The "WORK" shall mean and include all items and things to be
supplied/ done and services and activities to be performed by the
CONTRACTOR in pursuant to and in accordance with
CONTRACT or part thereof as the case may be and shall include
all extra, additional, altered or substituted works as required for
purpose of the CONTRACT.

1.1.5 The "PERMANENT WORK" means and includes works which will•
be incorporated in and form a part of the work to be handed over
to the EMPLOYER by the CONTRACTOR on completion of the
CONTRACT.

1.1.6 "CONSTRUCTION EQUIPMENT" means all

appliances/equipment and things whatsoever nature for the use in
or for the execution, completion, operation, or maintenance of the
work or temporary works (as hereinafter defined) but does not
include materials or other things intended to form or to be
incorporated into the WORK, or camping facilities.

1.1.7 "CONTRACT DOCUMENTS" means collectively the Tender

Documents, Designs, Drawings, Specification, Schedule of
Quantities and Rates, Letter of Acceptance and agreed variations
if any, and such other documents constituting the tender and
acceptance thereof.

1.1.8 CONSULTANT: means ----------- who are the

consulting engineer to the Employer for this project and having
registered office at

1.1.9 The "SUB-CONTRACTOR" means any person or firm or

Company (other than the CONTRACTOR) to whom any part of
the work has been entrusted by the CONTRACTOR, with the
written consent of the ENGINEER-IN-CHARGE, and the legal
representatives, successors and permitted assigns of such
person, firm or company.

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General Conditions of Contract (*)

1.1.10 The "CONTRACT" shall mean the Agreement between the
EMPLOYER and the CONTRACTOR for the execution of the
works including therein all contract documents.

1.1.11 The "SPECIFICATION" shall mean all directions the various

technical specifications, provisions attached and referred to the
Tender Documents which pertain to the method and manner of
performing the work or works to the quantities and qualities of the
work or works and the materials to be furnished under the
CONTRACT for the work or works, as. may be amplified or
modified by the GAIL or ENGINEER-IN-CHARGE during the
performance of CONTRACT in order to provide the unforseen
conditions or in the best interests of the work or works. It shall
also include the latest edition of relevant Standard Specifications
including all addenda/corrigenda published before entering into
CONTRACT.

1.1.12 The "DRAWINGS" shall include maps, plans and tracings or prints
or sketches thereof with any modifications approved in writing by
the ENGINEER- IN-CHARGE and such other drawing as may,
from time to time, be furnished or approved in writing by the
ENGINEER-IN-CHARGE.

1.1.13 The 'TENDER" means the proposal along with supporting

documents submitted by the CONTRACTOR for consideration by
the EMPLOYER.

1.1.14 The "CHANGE ORDER" means an order given in writing by the

ENGINEER-IN-CHARGE to effect additions to or deletion from •
and alteration in the works.

1.1.15 The "COMPLETION CERTIFICATE" shall mean the certificate to

be issued by the ENGINEER-IN-CHARGE when the works have
been completed entirely in accordance with CONTRACT
DOCUMENT to his satisfaction.

1.1.16 The "FINAL CERTIFICATE" in relation to a work means the

certificate regarding the satisfactory compliance of various
provision of the CONTRACT by the CONTRACTOR issued by the
ENGINEER-IN- CHARGE/EMPLOYER after the period of liability
is over.

1.1.17 "DEFECT LIABILITY PERIOD" in relation to a work means the

specified period from the date of COMPLETION CERTIFICATE
upto the date of issue of FINAL CERTIFICATE during which the
CONTRACTOR stands responsible for rectifying all defects that
may appear in the works executed by the CONTRACTOR in
pursuance of the CONTRACT and includes warranties against
Manufacturing/Fabrication/ Erection/Construction defects covering
all materials plants, equipment, components, and the like supplied
by the CONTRACTOR, works executed against workmanship
defects.

1.1.18 The "APPOINTING AUTHORITY" for the purpose of arbitration

shall be the CHAIRMAN and MANAGING DIRECTOR or any
other person so designated by the EMPLOYER.

1.1.19 "TEMPORARY WORKS" shall mean all temporary works of every

kind required in or about the execution, completion or
maintenance of works.

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General Conditions of Contract

1.1.20 "PLANS" shall mean all maps, sketches and layouts as are
incorporated in the CONTRACT in order to define broadly the
scope and specifications of the work or works, and all
reproductions thereof.

1.1.21 "SITE" shall mean the lands and other places on, under, in or
through which the permanent works are to be carried out and any
other lands or places provided by the EMPLOYER for the purpose
of the CONTRACT.

1.1.22 "NOTICE IN WRITING OR WRITTEN NOTICE" shall mean a

notice in written, typed or printed characters sent (unless delivered
personally or otherwise proved to have been received by the
addressee) by registered post to the latest known private or
business address or registered office of the addressee and shall
be deemed to have been received in the ordinary course of post it
would have been delivered.

1.1.23 "APPROVED" shall mean approved in writing including

subsequent written confirmation of previous verbal approval and
"APPROVAL" means approval in writing including as aforesaid.

1.1.24 "LETTER OF INTENT/FAX OF INTENT" shall mean intimation by

a FSLetter to Tenderer(s) that the tender has been accepted in
accordance with the provisions contained in the letter.

1.1.25 "DAY" means a day of 24 hours from midnight to midnight

irrespective of the number of hours worked in that day.

1.1.26 "WORKING DAY" means any day which is not declared to be

holiday or rest day by the EMPLOYER.

1.1.27 "WEEK" means a period of any consecutive seven days.

1.1.28 "METRIC SYSTEM" - All technical documents regarding the

construction of works are given in the metric system and all work
in the project should be carried out according to the metric system.
All documents concerning the work shall also be maintained in the
metric system.

1.1.29 "VALUE OF CONTRACT" or "TOTAL CONTRACT PRICE" shall

mean the sum accepted or the sum calculated in accordance with
the prices accepted in tender and/or the CONTRACT rates as
payable to the CONTRACTOR for the entire execution and full
completion of the work, including change order.

1.1.30 "LANGUAGE FOR DRAWINGS AND INSTRUCTION" All the

drawings, titles, notes, instruction, dimensions, etc. shall be in
English Language.

1.1.31 "MOBILIZATION" shall mean establishment of sufficiently

adequate infrastructure by the CONTRACTOR at "SITE"
comprising of construction equipments, aids, tools tackles
including setting of site offices with facilities such as power, water,
communication etc. establishing manpower organisation
comprising of Resident Engineers, Supervising personnel and an
adequate strength of skilled, semi-skilled and un-skilled workers,
who with the so established infrastructure shall be in a position to

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General Conditions of Contract

commence execution of work at site(s), in accordance with the

agreed Time Schedule of Completion of Work. "MOBILISATION"
shall be considered to have been achieved, if the CONTRACTOR
is able to establish infrastructure as per Time Schedule, where so
warranted in accordance with agreed schedule of work
implementation to the satisfaction of ENGINEER-IN-CHARGE/
EMPLOYER.

1.1.32 "COMMISSIONING" shall mean pressing into service of the

system including the plant(s), equipment(s), vessel(s), pipeline,
machinery(ies), or any other section or sub-section of
installation(s) pertaining to the work of the CONTRACTOR after
successful testing and trial runs of the same.

"COMMISSIONING" can be either for a completed system or a

part of system of a combination of systems or sub-systems and
can be performed in any sequence as desired by EMPLOYER and
in a manner established to be made suited according to availability
of pre-requisites. Any such readjustments made by EMPLOYER
in performance of "COMMISSIONING" activity will not be
construed to be violating CONTRACT provisions and
CONTRACTOR shall be deemed to have provided for the same.

SECTION-II GENERAL INFORMATION

2. General Information 2.1 a) Location of Site: The proposed location of Project site is defined
in the Special Conditions of Contract.

b) Access by Road: CONTRACTOR, if necessary, shall build

other temporary access roads to the actual site of construction for
his own work at his own cost. The CONTRACTOR shall be
required to permit the use of the roads so constructed by him for
vehicles of any other parties who may be engaged on the project
site. The CONTRACTOR shall also facilitate the construction of
the permanent roads should the construction there of start while
he is engaged on this work. He shall make allowance in his
tender for any inconvenience he anticipates on such account.

Non-availability of access roads, railway siding and railway

wagons for the use of the CONTRACTOR shall in no case
condone any delay in the execution of WORK nor be the cause for
any claim for compensation against the EMPLOYER.

2.2 Scope of Work: The scope of WORK is defined in the Technical

Part of the tender document. The CONTRACTOR shall provide
all necessary materials, equipment, labour etc. for the execution
and maintenance of the WORK till completion unless otherwise
mentioned in The Tender Document.

2.3 Water Supply: Contractor will have to make his own arrangements
for supply of water to his labour camps and for works. All pumping
installations, pipe net work and distribution system will have to be
carried out by the Contractor at his own risk and cost.

Alternatively the Employer at his discretion may endeavour to

provide water to the Contractor at the Employer's source of supply

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General Conditions of Contract

provided the Contractor makes his own arrangement for the water
meter which shall be in custody of the Employer and other pipe
net works from source of supply and such distribution pipe
network shall have prior approval of the Engineer-in-Charge so as
not to interfere with the layout and progress of the other
construction works. In such case, the rate for water shall be
deducted from the running account bills.

However, the Employer does not guarantee the supply of water

and this does not relieve the Contractor of his responsibility in
making his own arrangement and for the timely completion of the
various works as stipulated.

2.4 Power Supply:

2.4.1 Subject to availability, EMPLOYER will supply power at 400/440 V

at only one point at the nearest sub-station, from where the
CONTRACTOR will make his own arrangement for temporary
distribution. The point of supply will not be more than 500 m away
from the CONTRACTOR'S premises. All the ‘;vorks will be done
as per the applicable regulations and passed by the
ENGINEER-IN-CHARGE. The temporary line will be removed
forthwith after the completion of work or if there is any hindrance
caused to the other works due to the alignment of these lines, the
CONTRACTOR will re-route or remove the temporary lines at his
own cost. The CONTRACTOR at his cost will also provide
suitable electric 'meters, fuses, switches, etc. for purposes of
payment to the EMPLOYER which should be in the custody and
control of the EMPLOYER. The cost of power supply shall be
payable to the EMPLOYER every month for Construction Works
power which would be deducted from the running account bills.
The EMPLOYER shall not, however, guarantee the supply of
electricity nor have any liability in respect thereof. No claim for
compensation for any failure or short supply of electricity will be
admissible.

2.4.2 It shall be the responsibility of the CONTRACTOR to provide and

maintain the complete installation on the load side of the supply
with due regard to safety requirement at site. All cabling,
equipment, installations etc. shall comply in all respects with the
latest statutory requirements and safety provisions i.e., as per the
Central/State Electricity Acts and Rules etc. The CONTRACTOR
will ensure that his equipment and Electrical Wiring etc., are
installed, modified, maintained by a licensed
Electrician/Supervisor. A test certificate is to be produced to the
ENGINEER-IN-CHARGE for his approval, before power is made
available.

2.4.3 At all times, lEA regulations shall be followed failing which the
EMPLOYER has a right to disconnect the power supply without
any reference to the CONTRACTOR. No claim shall be
entertained for such disconnection by the
ENGINEER-IN-CHARGE. Power supply will be reconnected only
after production of fresh certificate from authorized electrical
supervisors.

2.4.4 The EMPLOYER is not liable for any loss or damage to the
CONTRACTOR's equipment as a result of variation in voltage or
frequency or interruption in power supply or other loss to the
CONTRACTOR arising therefrom.

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General Conditions of Contract

2.4.5 The CONTRACTOR shall ensure that the Electrical equipment

installed by him are such that average power factors does not fall
below 0.90 at his premises. In case power factor falls below 0.90
in any month, he will reimburse to the EMPLOYER at the penal
rate determined by the EMPLOYER for all units consumed during
the month.

2.4.6 The power supply required for CONTRACTOR's colony near the
plant site will be determined by the EMPLOYER and shall be as
per State Electricity Board's Rules and other statutory provisions
applicable for such installations from time to time. In case of
power supply to CONTRACTOR's colony, the power will be made
available at a single point and the CONTRACTOR shall make his
own arrangement at his own cost for distribution to the occupants
of the colony as per Electricity Rules and Acts. The• site and
colony shall be sufficiently illuminated to avoid accidents.

2.4.7 The CONTRACTOR will have to provide and install his own lights
and power meters which will be governed as per Central/State
Government Electricity Rules. The metres shall be sealed by the
EMPLOYER.

2.4.8 In case of damage of any of the EMPLOYER's equipment on

account of fault, intentional or unintentional on the part of the
CONTRACTOR, the EMPLOYER reserves the right to recover the
cost of such damage from the CONTRACTOR's bill. Cost of HRC
Fuses replaced at the EMPLOYER's terminals due to any fault in
the CONTRACTOR's installation shall be to CONTRACTOR's
account at the rates decided by the ENGINEER-IN-CHARGE.

2.4.9 Only motors upto 3 HP will be allowed to be started direct on line.

For motors above 3 HP and upto 100 HP a suitable Starting
device • approved by the ENGINEER- IN-CHARGE shall be
provided by the CONTRACTOR. For motors above 100 HP
slipring induction motors with suitable starting devices as approved
by the ENGINEER- IN-CHARGE shall be provided by the
CONTRACTOR.

2.4.10 The CONTRACTOR shall ensure at his cost that all electrical lines
and equipment and all installations are approved by the State
Electricity Inspector before power can be supplied to the
EMPLOYER.

2.4.11 The total requirement of power shall be indicated by the tenderer

alongwith his tender.

2.5 Land for Contractor's Field Office, Godown and Workshop: The
EMPLOYER will, at his own discretion and convenience and for
the duration of the execution of the work make available near the
site, land for construction of CONTRACTOR's Temporary Field
Office, godowns workshops and assembly yard required for the
execution of the CONTRACT. The CONTRACTOR shall at his
own cost construct all these temporary buildings and provide
suitable water supply and sanitary arrangement and get the same
approved by the ENGINEER-IN-CHARGE.

On completion of the works undertaken by the CONTRACTOR,

he shall remove all temporary works erected by him and have the
SITE cleaned as directed by ENGINEER-IN-CHARGE. If the

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CONTRACTOR shall fail to comply with these requirements, the

ENGINEER-IN-CHARGE may at he expenses of the
CONTRACTOR remove such surplus, and rubbish materials and
dispose off the same as he deems fit and get the site cleared as
aforesaid; and CONTRACTOR shall forthwith pay the amount of
all expenses so incurred and shall have no claim in respect of any
such surplus materials disposed off as aforesaid. But the
EMPLOYER reserves the right to ask the CONTRACTOR any
time during the pendency of the CONTRACT to vacate the land by
giving 7 days notice on security reasons or on national interest or
otherwise. Rent may be charged for the land so occupied from
contractor by the Employer.

The CONTRACTOR shall put up temporary structures as required

by them for their office, fabrication shop and construction stores
only in the area allocated to them on the project site by the
EMPLOYER or his authorised representative. No tea
stalls/canteens should be put up or allowed to be put up by any
CONTRACTOR in the allotted land or complex area without
written permission of the EMPLOYER.

No unauthorised buildings, constructions or structures should be

put up by the CONTRACTOR anywhere on the project site.

For uninterrupted fabrication work, the CONTRACTOR shall put

up temporary covered structures at his cost within Area in the
location allocated to them in the project site by the EMPLOYER or
his authorised representative.

No person except for authorised watchman shall be allowed to

stay in the plant area/CONTRACTOR's area after completion of
the day's job without prior written permission from
ENGINEER-IN-CHARGE.

2.6 Land for Residential Accommodation:-:No Land shall be made

available for residential accommodation for staff and labour of
CONTRACTOR.

SECTION-III GENERAL INSTRUCTIONS TO TENDERERS

3. Submission of Tender: 3.1 TENDER must be submitted without making any additions,
alterations, and as per details given in other clauses hereunder.
The requisite details shall be filled in by the TENDERER at space
provided under "Submission of Tender at the beginning of GCC of
Tender Document. The rate shall be filled only in the schedule
given in this Tender Document.

3.2 Addenda/Corrigenda to this Tender Document, if issued, must be

signed, submitted alongwith the Tender Document. the tenderer
should write clearly the revised quantities in Schedule of Rates of
Tender Document and should price the WORK based on revised
quantities when amendments of quantities are issued in addenda.

3.3 Covering letter alongwith its enclosures accompanying the Tender

Document and all further correspondence shall be submitted in
duplicate.

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3.4 Tenderers are advised to submit quotations based strictly on the

terms and conditions and specifications contained in the Tender
Documents and not to stipulate any deviations.

3.5 Tenders should always be placed in double sealed covers,

superscribing ["QUOTATION DO NOT OPEN" Tender for
Project of GAIL (India) Limited due
for opening on 1. The Full Name,
Address and Telegraphic Address, Fax No. of the Tenderers shall.
be written on the bottom left hand corner of the sealed cover.

4. Documents: 4.1 General:

The tenders as submitted, will consist of the following:

Complete set of Tender Documents (Original) as sold duly

filled in and signed by the tenderer as prescribed in different
clauses of the Tender Documents.

Earnest money in the manner specified in Clause 6 hereof.

Power of Attorney or a true copy thereof duly attested by a

Gazetted Officer in case an authorised representative has
signed the tender, as reqUired by Clause 14 hereof.

Information regarding tenderers in the proforma enclosed.

Details of work of similar type and magnitude carried out by

the Tenderer in the proforma provided in the tender
document.

Organisation chart giving details of field management at

site, the tenderer proposes to have for this job.

Details of construction plant and equipments available with

the tenderer for using in this work.

Solvency Certificate from Scheduled Bank to prove the

financial ability to carry out the work tendered for.

Latest Balance Sheet and Profit & Loss Account duly

audited.

Details of present commitment as per proforma enclosed to

tender.

Data required regarding SUB-CONTRACTOR(s)/ Supplier/

Manufacturers and other technical informations the tenderer
wish to furnish.

Provident fund registration certificate

List showing all enclosures to tender.

4.2 All pages are to be Initiated: All signatures in Tender Documents

shall be dated, as well as, all the pages of all sections of Tender
Documents shall be initialed at the lower right hand comer and
signed wherever required in the tender papers by the TENDERER

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or by a person holding power of attorney authorising him to sign

on behalf of the tenderer before submission of tender.

4.3 Rates to be in Figures and Words: The tender should quote in

English both in figures as well as in words the rates and amounts
tendered by him in the Schedule of Rates of Tender submitted by
the CONTRACTOR for each item and in such a way that
interpolation is not possible. The amount for each item should be
worked out and entered and requisite total given of all items, both
in figures and in words. The tendered amount for the work shall
be entered in the tender and duly signed by the Tenderer.

If some discrepancies are found between the RATES in

FIGURES and WORDS or the AMOUNT shown in the tender, the
following procedure shall be followed:

When there is difference between the rates in figures and

words, the rate which corresponds to the amount worked out
by the tenderer shall be taken as correct.

When the rate quoted by the tenderer in figures and words

tally but the amount is incorrect the rate quoted by the
tenderer shall be taken as correct.

When it is not possible to ascertain the correct rate by either of

above methods, the rate quoted in words shall be taken as
correct.

4.4 Corrections and Erasures: All correction(s) and alteration(s) in the

entries of tender paper shall be signed in full by the TENDERER
with date. No erasure or over writing is permissible.

4.5 Signature of Tenderer:

4.5.1 The TENDERER shall contain the name, residence and place of
business of person or persons making the tender and shall be
signed by the TENDERER with his usual signature. Partnership
firms shall furnish the full names of all partners in the tender. It
should be signed in the partnership's name by all the partners or
by duly authorised representatives followed by the name and
designation of the person signing. Tender by a corporation shall
be signed by an authorised representative, and a Power of
Attorney in that behalf shall accompany the tender. A copy of the
constitution of the firm with names of all partners shall be
furnished.

4.5.2 When a tenderer signs a tender in a language other than English,

the total amount tendered should, in addition, be written in the
same language. The signature should be attested by at least one
witness.

4.6 Witness: Witness and sureties shall be persons of status and

property and their names, occupation and address shall be stated
below their signature.

4.7 Details of Experience: The tenderer should furnish, alongwith his

tender, details of previous experience in having successfully
completed in the recent past works of this nature, together with the
names of Employers, location of sites and value of contract, date

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of commencement and completion of work, delays if any, reasons

of delay and other details alongwith documentary evidence(s).

4.8 Liability of Government of India: It is expressly understood and

agreed by and between Bidder or/Contractor and M/s GAIL
(India) Limited, and that M/s GAIL (India) Ltd., is entering into
this 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 this
agreement and has no liabilities, obligations or rights hereunder.
It is expressly understood and agreed that M/s GAIL (India) Ltd.
is an independent legal entity with power and authority to enter
into contracts solely on its own behalf under the applicable Laws
of India and general principles of Contract Law. The
Bidder/Contractor expressly agrees, acknowledges and
understands that M/s GAIL (India) Ltd. 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 contract.
Accordingly, Bidder/Contractor hereby expressly waives,
releases and foregoes any and all actions or claims, including
cross claims, impleader claims or counter claims against the
Government of India arising out of this contract and covenants
not to sue to Government of India as to any manner, claim,
cause of action or thing whatsoever arising of or under this
agreement.

Transfer of Tender 5.1 • Transfer of Tender Documents purchased by one intending

Documents: tenderer to another is not permissible.

Earnest Money: 6.1 The bidder must pay Earnest Money as given in the letter /notice
inviting tenders and attach the official receipt with the tender failing
which the tender is liable to be rejected and representatives of
such tenderers will not be allowed to attend the tender opening.
Earnest Money can be paid in Demand Drafts or Bank Guarantee
or Banker's Cheque or Letter of Credit 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 Nationalised 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 bid guarantee shall be submitted in the prescribed format .

Note: The Bank Guarantee so furnished by the tenderer shall be in

the proforma prescribed by the EMPLOYER. No interest shall be
paid by the EMPLOYER on the Earnest Money deposited by the
tenderer. The Bank Guarantee furnished in lieu of Earnest Money
shall be kept valid for a period of "SIX MONTHS" from the date of
opening of tender.(TWO MONTHS beyond the bid validity).

The Earnest Money deposited by successful tenderer shall be

forfeited if the Contractor fails to fumish the requisite Contract
Performance Security as per clause 24 hereof and /or fails to start
work within a period of 15 days or fails to execute the
AGREEMENT within 15 days of the receipt by him of the
Notification of Acceptance of Tender.

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Note: The Earnest Money of the unsuccessful bidder will be

returned by EMPLOYER/CONSULTANT, directly to the
tenderer (s), within a reasonable period of time but not later than
30 days after the expiration of the period of bid validity
prescribed by EMPLOYER.

7 Validity: 7.1 Tender submitted by tenderers shall remain valid for acceptance
f6r a period of "4 MONTHS" from the date of opening of the
tender. The tenderers shall not be entitled during the said period
of 4 months, without the consent in writing of the EMPLOYER, to
revoke or cancel his tender or to vary the tender given or any term
thereof. In case of tender revoking or canceling his tender or
varying any term in regard thereof without the consent of
EMPLOYER in writing, the EMPLOYER shall forfeit Earnest
Money paid by him alongwith tender.

8 Addenda/Corrigenda 8.1 Addenda/ Corrigenda to the Tender Documents will be issued in

duplicate prior to the date of opening of the tenders to clarify
documents or to reflect modification in design or CONTRACT
terms.

8.2 Each addenda/ corrigendum issued will be issued in duplicate to

each person or organisation to whom set of Tender Documents
has been issued. Recipient will retain tenderer's copy of each
Addendum/Corrigendum and attach original copy duly signed
along with his offer. All Addenda/Corrigenda issued shall become
part of Tender Documents. •

9 Right of Employer to 9.1 The right to accept the tender will rest with the EMPLOYER. The
Accept or Reject Tender: EMPLOYER, however, does not bind himself to accept the lowest
tender, and reserves to itself the authority to reject any or all the
tenders received without assigning any reason whatsoever. At the
option of the Employer, the work for which the tender had been
invited, may be awarded to one Contractor or split between more
than one bidders, in which case the award will be made for only
that part of the work, in respect of which the bid has been ,
accepted. The quoted rates should hold good for such
eventualities.

Tenders in which any of the particulars and prescribed information

are missing or are incomplete in any respect and/or the
prescribed conditions are not fulfilled are liable to be rejected.
The Tender containing uncalled for remarks or any additional
conditions are liable to be rejected.

Canvassing in connection with tenders is strictly prohibited and

tenders submitted by the Tenderers who resort to canvassing will
be liable to rejection.

10 Time Schedule 10.1 The WORK shall be [Link] as per the TIME SCHEDULE
specified in TENDER/CONTRACT Document. The period of
construction given in Time Schedule includes the time required for
mobilisation as well as testing, rectifications if any, retesting and
completion in all respects to the entire satisfaction of the
ENGINEER-IN- CHARGE.

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10.2 A joint programme of execution of the WORK will be prepared by

the ENGINEER-IN-CHARGE and CONTRACTOR based on
priority requirement of this project. This programme will take into
account the time of completion mentioned in 10.1 above and the
tirrie allowed for the priority works by the
ENGINEER-IN-CHARGE.

10.3 Monthly/Weekly construction programme will; be drawn up by the

ENGINEER-IN-CHARGE jointly with the CONTRACTOR, based
on availability of work fronts and the joint construction programme
as per 10.2 above. The CONTRACTOR shall scrupulously
adhere to these targets /programmes by deploying adequate
personnel, construction tools and tackles and he shall also supply
himself all materials of his scope of supply in good time to achieve
the targets/programmes. In all matters concerning the extent of
targets set out in the weekly and monthly programmes and the
degree of achievements the decision of the
ENGINEER-IN-CHARGE will be final and binding on the
CONTRACTOR.

11 Tenderer's Responsibility 11.1 The intending tenderers shall be deemed to have visited the SITE
and familiarised submitting the tender. Non-familiarity with the
site conditions will not be considered a reason either for extra
claims or for not carrying out the works in strict conformity with the
DRAWINGS and SPECIFICATIONS or for any delay in
performance.

12 Retired Government or 12.1 No Engineer of Gazetted rank or other Gazetted Officer employed
Company Officers in Engineering or Administrative duties in an Engineering
Department of the States/ Central Government or of the
EMPLOYER is allowed to work as a CONTRACTOR for a period
of two years after his retirement from Government Service, or from
the employment of the EMPLOYER without the previous
permission of the EMPLOYER. The CONTRACT, if awarded, is
liable to be cancelled if either the CONTRACTOR or any of his
employees is found at any time to be such a person, who has not
obtained the permission of the State/Central Government or of the
EMPLOYER as aforesaid before submission of tender, or
engagement in the CONTRACTOR'S service as the case may be.

13 Signing of the Contract: 13.1 The successful tenderer shall be required to execute an
AGREEMENT in the proforma attached with TENDER
DOCUMENT within 15 days of the receipt by him of the
Notification of Acceptance of Tender. In the event of failure on
the part of the successful tenderer to sign the AGREEMENT within
the above stipulated period, the Earnest Money or his initial
deposit will be forefeited and the acceptance of the tender shall be
considered as cancelled.

14 Field Management & 14.1 The field management will be the responsibility of the
Controlling/Coordinating ENGINEER-IN-CHARGE, who will be nominated by the
Authority: EMPLOYER. The ENGINEER-IN-CHARGE may also authorise
his representatives to assist in performing his duties and functions.

14.2 The ENGINEER-IN-CHARGE shall coordinate the works of

various agencies engaged at site to ensure minimum disruption of
work carried out by different agencies. It shall be the responsibility
of the CONTRACTOR to plan and execute the work strictly in
accordance with site instructions to avoid hindrance to the work
being executed by other agencies.

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15 Note to Schedule of 15.1 The Schedule of Rates should be read in conjunction with all the
Rates: other sections of the tender.

15.2 The tenderer shall be deemed to have studied the DRAWINGS,

SPECIFICATIONS and details of work to be done within TIME
SCHEDULE and to have aquainted himself of the condition
prevailing at site.

15.3 Rates must be filled in the Schedule of Rates of original Tender

Documents. If quoted in separate typed sheets no variation in item
description or specification shall be accepted. Any exceptions
taken by the tenderer to the Schedule of Rates shall be brought

15.4 The quantities shown against the various items are only
approximate. Any increase or decrease in the quantities shall not
form the basis of alteration of the rates quoted and accepted.

15.5 The EMPLOYER reserves the right to interpolate the rates for such
items of work falling between similar items of lower and higher
magnitude.

16 Policy for Tenders Under 16.1 Only Those Tenders which are complete in all respects and are
Consideration: strictly in accordance with the Terms and Conditions and
Technical Specifications of Tender Document, shall be considered
for evaluation. Such Tenders shall be deemed to be under
consideration immediately after opening of Tender and until such
time an official intimation of acceptance /rejection of Tender is
made by GAIL to the Bidder.

16.2 Zero Deviation: Bidders to note that this is a ZERO DEVIATION

TENDER. GAIL will appreciate submission of offer based on the
terms and conditions in the enclosed General Conditions of
Contract (GCC), Special Conditions of Contract (SCC),
Instructions to Bidders (ITB), Scope of Work, technical
specifications etc. to avoid wastage of time and money in
seeking clarifications on technical/ commercial aspects of the
offer. Bidder may note that no technical and commercial
clarifications will be sought for after the receipt of the bids. In
case of any deviation/nonconformity observed in the bid, it will
be liable for rejection.

17 Award of Contract: 17.1 The Acceptance of Tender will be intimated to the successful
Tenderer by GAIL either by Telex/ Telegram/ Fax or by Letter or
like means-defined as LETTER OF ACCEPTANCE OF TENDER.

17.2 GAIL will be the sole judge in the matter of award of CONTRACT
and the decision of GAIL shall be final and binding.

18 Clarification of Tender 18.1 The Tender is required to carefully examine the Technical
Document: Specifications, Conditions of Contract, Drawings and other details
relating to WORK and given in Tender Document and fully inform
himself as to all conditions and matters which may in any way
affect the WORK or the cost thereof. In case the Tenderer is in
doubt about the completeness or correctness of any of the
contents of the Tender Documents he should request in writing for
an interpretation/clarification to GAIL in triplicate. GAIL will then

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issue interpretation/clarification to Tenderer in writing. Such

clarifications and or interpretations shall form part of the
Specifications and Documents and shall accompany the tender
which shall be submitted by tenderer within time and date as
specified in invitations to tender.

18.2 Verbal clarification and information giVen by GAIL or its

employee(s) or its representatives shall not in any way be binding
on GAIL.

19 Local Conditions: 19.1 It will be imperative on each tenderer to inform himself of all local
conditions and factors which may have any effect on the execution
of WORK covered under the Tender Document. In their own
interest, the tenderer are requested to familiarise themselves with
the Indian Income Tax Act 1961, Indian Companies Act 1956,
Indian Customs Act 1962 and other related Acts and Laws and
Regulations of India with their latest amendments, as applicable
GAIL shall not entertain any requests for clarifications from the
tenderer regarding such local conditions.

19.2 It must be understood and agreed that such factors have properly
been investigated and considered while submitting the tender. No
claim for financial or any other adjustments to VALUE OF
CONTRACT, on lack of clarity of such factors shall be entertained.

20 Abnormal Rates: 20.1 The tenderer is expected to quote rate for each item after careful
analysis of cost involved for the performance of the completed
item considering all specifications and Conditions of Contract.
This will avoid loss of profit or gain in case of curtailment or
change of specification for any item. In case it is noticed that the
rates quoted by the tenderer for any item are unusually high or
unusually low, it will be sufficient cause for the rejection of the
tender 'unless the EMPLOYER is convinced about the
reasonableness after scrutiny of the analysis for such rate(s) to be
furnished by the tenderer (on demand).

SECTION-IV GENERAL OBLIGATIONS

21 Priority of Contract 21.1 Except if and the extent otherwise provided by the Contract, the
Documents provisions of the General Conditions of Contract and Special
Conditions shall prevail over those of any other documents
forming part of the CONTRACT. Several documents forming the
CONTRACT are to be taken as mutually explanatory of one
another, but in case of ambiguities or discrepancies the same
shall be explained and adjusted by the ENGINEER-IN-CHARGE
who shall thereupon issue to the Contractor instructions thereon
and in such event, unless otherwise provided in the Contract, the
priority of the documents forming the Contract shall be as follows:

The Contract Agreement;

The Letter of Acceptance;
The (Instructions to Bidders)ITB;
Special Conditions of Contract (SCC);
General Conditions of Contract (GCC)
Any other document forming part of the Contract.

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Works shown in the DRAWING but not mentioned in the

SPECIFICATIONS OR described in the SPECIFICATIONS
without being shown in the DRAWINGS shall nevertheless be
deemed to be included in the same manner as if they had been
specifically shown upon the DRAWINGS and described in the
SPECIFICATIONS.

21.2 Headings and Marginal Notes: All headings and marginal notes to
the clauses of these General Conditions of Contract or to the
SPECIFICATIONS or to any other Tender Document are solely
for the purpose of giving a concise indication and not a summary
of the contents thereof, and they shall never be deemed to be part
thereof or be used in the interpretation or construction thereof the
CONTRACT.

21.3 Singular and Plural: In CONTRACT DOCUMENTS unless

otherwise stated specifically, the singular shall include the plural
and vice versa wherever the context so requires.

21.4 Interpretation: Words implying 'Persons' shall include relevant

'Corporate Companies / Registered Associations/ Body of
Individuals/ Firm of Partnership' as the case may be.

22 Special Conditions of 22.1 Special Conditions of Contract shall be read in conjunction with
Contract: the General Conditions of Contract, specification of Work,
Drawings and any other documents forming part of this
CONTRACT wherever the context so requires.

22.2 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.

22.3 Where any portion of the General Condition of Contract is

repugnant to or at variance with any provisions of the Special
Conditions of Contract, unless a different intention appears the
provisions of the Special Conditions of Contract shall be deemed
to over-ride the provisions of the General Conditions of Contract
and shall to the extent of such repugnancy, or variations, prevail.

22.4 Wherever it is mentioned in the specifications that the

CONTRACTOR shall perform certain WORK or provide certain
facilities, it is understood that the CONTRACTOR 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.

22.5 The materials, design and workmanship shall satisfy the relevant
INDIAN STANDARDS, the JOB SPECIFICATIONS contained
herein and CODES referred to. Where• the job specification
stipulate requirements in addition to those contained in the
standard codes and specifications, these additional requirements
shall also be satisfied.

23 Contractor to obtain his 23.1 The CONTRACTOR in fixing his rate shall for all purpose
own Information: whatsoever reason may be, deemed to have himself
independently obtained all necessary information for the purpose
of preparing his tender and his tender as accepted shall be
deemed to have taken into account all contingencies as may arise

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due to such information or lack of same. The correctness of the

details, given in the Tender Document to help the CONTRACTOR
to make up the tender is not guaranteed.

The CONTRACTOR shall be deemed to have examined the

CONTRACT DOCUMENTS, to have generally obtained his own
information in all matters whatsoever that might affect the carrying
out of the works at the schedules rates and to have satisfied
himself to the sufficiency of his tender. Any error in description of
quantity or omission therefrom shall not vitiate the CONTRACT or
release the CONTRACTOR from executing the work comprised in
the CONTRACT according to DRAWINGS and
SPECIFICATIONS at the scheduled rates. He is deemed to have
known the scope, nature and magnitude of the WORKS and the
requirements of materials and labour involved etc., and as to what
all works he has to complete in accordance with the CONTRACT
documents whatever be the defects, omissions or errors that may
be found in the DOCUMENTS. The CONTRACTOR shall be
deemed to have visited surroundings, to have satisfied himself to
the nature of all existing structures, if any, and also as to the
nature and the conditions of the Railways, Roads, Bridges and
Culverts, means of transport and communication, whether by
land, water or air, and as to possible interruptions thereto and the
access and egress from the site, to have made enquiries,
examined and satisfied himself as to the sites for obtaining sand,
stones, bricks and other materials, the sites for disposal of surplus
materials, the available accommodation as to whatever required,
depots and such other buildings as may be necessary for
executing and completing the works, to have made local
independent enquiries as to the sub-soil, subsoil water and
variations thereof, storms, prevailing winds, climatic conditions
and all other similar matters effecting these works. He is deemed
to have acquainted himself as to his liability of payment of
Government Taxes, Customs duty and other charges, levies etc.

Any neglect or omission or failure an the pad of the

CONTRACTOR in obtaining necessary and reliable information
upon the foregoing or any other matters affecting the CONTRACT
shall not relieve him from any risks or liabilities or the entire
responsibility from completion of the works at the scheduled rates
and times in strict accordance with the CONTRACT.

It is, therefore, expected that should the CONTRACTOR have any

doubt as to the meaning of any portion of the CONTRACT
DOCUMENT he shall set forth the particulars thereof in writing to
EMPLOYER in duplicate, before submission of tender. The
EMPLOYER may provide such clarification as may be necessary
in writing to CONTRACT, such clarifications as provided by
EMPLOYER shall form part of CONTRACT DOCUMENTS.

No verbal agreement or inference from conversation with any

effect or employee of the EMPLOYER either before, during or
after the execution of the CONTRACT agreement shall in any way
affect or modify and of the terms or obligations herein contained.

Any change in layout due to site conditions or technological

requirement shall be binding on the CONTRACTOR and no extra
claim on this account shall be entertained.

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24 Contract Performance 24.1 The CONTRACTOR shall furnish to the EMPLOYER, within 15
Security: days from the date of notification of award, a security in the sum
of 10% of the accepted value of the tender or the actual value of
work to be done whichever is applicable due to any additional
work or any other reasons, in the form of a Bank draft/Banker's
cheque or Bank Guarantee or irrevocable Letter of credit (as per
proforma enclosed) as Contract Performance Security with the
EMPLOYER which will be refunded after the expiry of DEFECTS
LIABILITY PERIOD.

24.2 CONTRACTOR can furnish the Contract Performance Security in

the form of Demand Draft or through a Bank Guarantee or
through an irrevocable Letter of Credit 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 Nationalised 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 bank guarantee or the Letter of Credit shall be submitted in

the prescribed format.

24.3 If the CONTRACTOR/SUB-CONTRACTOR or their employees or

the CONTRACTOR's agents and representatives shall damage,
break, deface or destroy any property belonging to the
EMPLOYER or others during the execution of the CONTRACT,
the same shall be made good by the CONTRACTOR at his own
expenses and in default thereof, the ENGINEER-IN-CHARGE
may cause, the same to be made good by other agencies and
recover expenses from the CONTRACTOR (for which the
certificate of the ENGINEER- IN-CHARGE shall be final).

24.4 All compensation or other sums of money payable by the

CONTRACTOR to the EMPLOYER under terms of this
CONTRACT may be deducted from or paid by the encashment or
sale of a sufficient part of his Contract Performance Security, or
from any sums which may be due or may become due to the
CONTRACTOR by the EMPLOYER of any account whatsoever
and in the event of his Contract Performance Security being
reduced by reasons of any such deductions or sale of aforesaid,
the CONTRACTOR shall within ten days thereafter make good in
cash, bank drafts as aforesaid any sum or sums which may have
been deducted from or realised by sale of his Contract
Performance Security, or any part thereof. • No interest shall be
payable by the EMPLOYER for sum deposited as Contract
Performance Security.

24.5 Failure of the successful bidder to comply with the requirements of

this Clause shall constitute sufficient grounds for the annulment of
the award and the forfeiture of bid security.

25 Time of Performance: 25.1 Time for Mobilisation

The work covered by this CONTRACT shall be commenced within
fifteen (15) days, the date of letter/Fax of Intent and be completed
in stages on or before the dates as mentioned in the TIME
SCHEDULE OF COMPLETION OF WORK. The CONTRACTOR
should bear in mind that time is the essence of this agreement.
Request for revision of construction time after tenders are opened

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will not receive consideration. The above period of fifteen (15)

days is included within the overall COMPLETION SCHEDULE,
not over and above the completion time to any additional work or
any other reasons.

25.2 Time Schedule of Construction:

25.2.1 The general Time Schedule of construction is given in the

TENDER DOCUMENT. CONTRACTOR should prepare a
detailed monthly or weekly construction program jointly with the
ENGINEER-IN-CHARGE within 15 days of receipt of
LETTER/FAX OF INTENT or ACCEPTANCE OF TENDER. The
WORK shall be executed strictly as per the Time Schedule given
in the CONTRACT DOCUMENT. The period of construction
given includes the time required for mobilisation testing,
rectifications, if any, retesting and completion in all respects in
accordance with CONTRACT DOCUMENT to the entire
satisfaction of the ENGINEER-IN-CHARGE.

25.2.2 The CONTRACTOR shall submit a detailed PERT network within

the time frame agreed above consisting of adequate number of
activities covering various key phases of the WORK such as
design, procurement, manufacturing, shipment and field erection
activities within fifteen (15) days from the date of LETTER/FAX
OF INTENT. This network shall also indicate the interface
facilities to be provided by the EMPLOYER and the dates by
which such facilities are needed.

25.2.3 CONTRACTOR shall discuss the network so submitted with the

EMPLOYER and the agreed network which may be in the form
as submitted with the EMPLOYER or in revised form in line with
the outcome of discussions shall form part of the CONTRACT, to
be signed within fifteen (15) days from the date of LETTER OF
ACCEPTANCE OF TENDER. During the performance of the
CONTRACT, if in the opinion of the EMPLOYER proper progress
is not maintained suitable changes shall be made in the
CONTRACTOR's operation to ensure proper progress.

The above PERT network shall be reviewed periodically and

reports shall be submitted by the CONTRACTOR as directed by
EMPLOYER.

26 Force Majeure: 26.1 CONDITIONS FOR FORCE MAJEURE

In the event of either party being rendered unable by Force

Majeure to perform any obligations required to be performed by
them under the CONTRACT the relative obligation of the party
affected by such Force Majeures shall upon notification to the
other party be suspended for the period during which Force
Majeures event lasts. The cost and loss sustained by the either
party shall be borne by the respective parties.

The term "Force Majeures" as employed herein shall mean acts

of God, earthquake, war (declared or undeclared), revolts, riots,
fires, floods, rebellions, explosions, hurricane, sabotage, civil
commotions and acts and regulations of respective Govemment
of the two parties, namely the EMPLOYER and the
CONTRACTOR.

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Upon the occurrence of such cause(s) and upon its termination,

the party alleging that it has been rendered unable as aforesaid
thereby, shall notify the other party in writing immediately but not
later than 72 (Seventy-two) hours of the alleged beginning and
ending thereof giving full particulars and satisfactory evidence in
support of its claim-.

Time for performance of the relative obligation suspended by the

Force Majeures shall then stand extended by the period for which
such cause lasts.

If deliveries of bought out items and/or works to be executed by

the CONTRACTOR are suspended by Force Majeure conditions
lasting for more than 2 (two) months the EMPLOYER shall have
the option to terminate the CONTRACT or re-negotiate the
contract provisions.

26.2 OUTBREAK OF WAR

26.2.1 If during the currency of the CONTRACT there shall be an

out-break of war whether declared or not, in that part of the World
which whether financially or otherwise materially affect the
execution of the WORK the CONTRACTOR shall unless and
until the CONTRACT is terminated under the provisions in this
clause continue to use his best endeavour to complete the
execution of the WORK, provided always that the EMPLOYER
shall be entitled, at any time after such out-break of war to
terminate or re-negotiate the CONTRACT by• giving notice in
writing to the CONTRACTOR and upon such notice being given
the CONTRACT shall, save as to the rights of the parties under
this clause and to the operation of the clauses entitled settlement
of Disputes and Arbitration hereof, be terminated but without
prejudice to the right of either party in respect of any antecedent
breach thereof.

26.2.2 If the CONTRACT shall be terminated under the provisions of the

above clause, the CONTRACTOR shall with all reasonable
diligence remove from the SITE all the CONTRACTOR's
equipment and shall give similar facilities to his
SUB-CONTRACTORS to do so.

27.1 Time is the essence of the CONTRACT. In case the

27 Price reduction
schedule: CONTRACTOR fails to complete the WORK within the stipulated
period, then unless such failure is due to Force Majeure as
defined in Clause 26 here above or due to EMPLOYER'S
defaults, the Total Contract price shall be reduced by 1/2 °A, of the
total Contract Price per complete week of delay or part thereof
subject to a maximum of 5 % of the Total Contract Price, by way
of reduction in price for delay and not as penalty. The said
amount will be recovered from amount due to the Contractor/
Contractor's Contract Performance Security payable on demand.

The decision of the ENGINEER-IN-CHARGE in regard to

applicability of Price Reduction Schedule shall be final and
binding on the CONTRACTOR.

27.2 All sums payable under this clause is the reduction in price due to
delay in completion period at the above agreed rate.

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27.3 Bonus For Early 27.3 BONUS FOR EARLY COMPLETION

Completion (*)
If the Contractor achieves completion of Works in all respect prior
to the time schedule stipulated in the SCC, the Employer shall
pay to the Contractor the relevant sum, if mentioned specifically
in SCC, as bonus for early completion. The bonus for early
completion, if provided specifically. in SCC, shall be payable to
the maximum ceiling of 2% % of the total contract price.

(*) Partial earlier completion may not always produce net

benefits to the Employer, for example where utilization of the .
completed Works requires (a) the fulfillment of all parts of the
Contract (e.g. the training of personnel); or (b) the
completion of all Sections (e.g. in pipeline laying, where early
completiOn of the laying of pipeline would not be useful if the
compressor is still under installation); or (c) certain seasonal
effects to take place (e.g. onset of the rainy season, for
impounding a reservoir); or (d) other circumstances. Also a
more rapid drawdown of budgeted funds may be required.
All such factors should be considered prior to the inclusion of
a bonus clause in the Contract.

28 Rights of the employer to 28.1 Whenever any claim against the CONTRACTOR for the payment
forfeit contract of a sum of money arises out or under the CONTRACT, the
performance security: EMPLOYER shall be entitled to recover such sum by
appropriating in part or whole the Contract Performance Security
of the CONTRACTOR. In the event of the security being
insufficient or if no security has been taken from the
CONTRACTOR, then the balance or the total sum recoverable,
as the case may be shall be deducted from any sum then due or
which at any time thereafter may become due to the
CONTRACTOR. The CONTRACTOR shall pay to the
EMPLOYER on demand any balance remaining due.

29 Failure by the contractor 29.1 If the CONTRACTOR refuses or fails to execute the WORK or
to comply with the any separate part thereof with such diligence as will ensure its
provisions of the completion within the time specified in the CONTRACT or
contract: extension thereof or fails to perform any of his obligation under •
the CONTRACT or in any manner commits a breach of any of
the provisions of the CONTRACT it shall be open to the
EMPLOYER at its option by written notice to the CONTRACTOR:

a) TO DETERMINE THE CONTRACT in which event the

CONTRACT shall stand terminated and shall cease to be in
force and effect on and from the date appointed by the
EMPLOYER on that behalf, whereupon the CONTRACTOR
shall stop forthwith any of the CONTRACTOR's work then in
progress, except such WORK as the EMPLOYER may, in
writing, require to be done to safeguard any property or WORK,
or installations from damage, and the EMPLOYER, for its part,
may take over the work remaining unfinished by the
CONTRACTOR and complete the same through a fresh
contractor or by other means, at the risk and cost of the
CONTRACTOR, and any of his sureties if any, shall be liable to
the EMPLOYER for any excess cost occasioned by such work
having to be so taken over and completed by the EMPLOYER
over and above the cost at the rates specified in the schedule of
quantities and rate/prices

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b) WITHOUT DETERMINING THE CONTRACT to take over

the work of the CONTRACTOR or any part thereof and complete
the same through a fresh contractor or by other means at the risk
and cost of the CONTRACTOR. The CONTRACTOR and any
of his sureties are liable to the EMPLOYER for any excess cost
over and above the cost at the rates specified in the Schedule of
Quantities/ rates, occasioned by such works having been taken
over and completed by the EMPLOYER.

29.2 In such events of Clause 29.1(a) or (b) above.

The whole or part of the Contract Performance Security

furnished by the CONTRACTOR is liable to be forfeited without
prejudice to the right of the EMPLOYER to recover from the
CONTRACTOR the excess cost referred to in the sub-clause
aforesaid, the EMPLOYER shall also have the right of taking
possession and utilising in completing the works or any part
thereof, such as materials equipment and plants available at
work site belonging to the CONTRACTOR as may be necessary
and the CONTRACTOR shall not be entitled for any
compensation for use or damage to such materials, equipment
and plant.

The amount that may have become due to the

CONTRACTOR on account of work already executed by him
shall not be payable to him until after the expiry of Six (6)
calendar months reckoned from the date of termination of
CONTRACT or from the taking over of the WORK or part thereof
by the EMPLOYER as the case may be, during which period the
responsibility for faulty materials or workmanship in respect of
such work shall, under the CONTRACT, rest exclusively with the
CONTRACTOR. This amount shall be subject to deduction of
any amounts due from the CONTRACT to the EMPLOYER
under the terms of the CONTRACT authorised or required to be
reserved or retained by the EMPLOYER.

29.3 Before determining the CONTRACT as per Clause 29.1(a) or (b)

provided in the judgement of the EMPLOYER, the default or
defaults committed by the CONTRACTOR is/are curable and can
be cured by the CONTRACTOR if an opportunity given to him,
then the EMPLOYER may issue Notice in writing calling the
CONTRACTOR to cure the default within such time specified in
the Notice.

29.4 The EMPLOYER shall also have the right to proceed or take
action as per 29.1(a) or (b) above, in the event that the
CONTRACTOR becomes bankrupt, insolvent, compounds with
his creditors, assigns the CONTRACT in favour of his creditors
or any other person or persons, or being a company or a
corporation goes into voluntary liquidation, provided that in the
said events it shall not be necessary for the EMPLOYER to give
any prior notice to the CONTRACTOR.

29.5 Termination of the CONTRACT as provided for in sub- clause

29.1(a) above shall not prejudice or affect their rights of the
EMPLOYER which may have accrued upto the date of such
termination.

30 Contractor remains liable 30.1 In any case in which any of the powers conferred upon the
to pay compensation if EMPLOYER BY CLAUSE 29.0 thereof shall have become

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action not taken under exercisable and the same had not been exercised, the
clause 29: non-exercise thereof shall not constitute a waiver of any of the
conditions hereof and such powers shall notwithstanding be
exercisable in .the event of any further case of default by the
CONTRACTOR for which by any Clause or clauses hereof he is
declared liable to pay compensation amounting to the whole of
his Contract Performance Security, and the liability of the
CONTRACTOR for past and future compensation shall remain
unaffected. In the event of the EMPLOYER putting in force the
power under above sub-clause (a), (b) or (c) vested in him under
the preceding clause he may, if he so desired, take possession of
all or any tools, and plants, materials and stores in or upon the
works or the site thereof belonging to the CONTRACTOR or
procured by him and intended to be used for the execution of the
WORK or any part thereof paying or allowing for the same in
account at the CONTRACT rates or in case of these not being
applicable at current market rates to be certified by the
ENGINEER-IN-CHARGE whose certificate thereof shall be final,
otherwise the ENGINEER-IN- CHARGE may give notice in
writing to the CONTRACTOR or his clerk of the works, foreman
or other authorised agent, requiring him to remove such tools,
plant, materials or stores from the premises (within a time to be
specified in such notice), and in the event of the CONTRACTOR
failing to comply with any such requisition, the
ENGINEER-IN-CHARGE may remove them at the
CONTRACTOR's expense or sell them by auction or private sale
on account of the CONTRACTOR and at his risk in all respects
without any further notice as to the date, time or place of sale and
the certificate of the ENGINEER-IN-CHARGE as to the expenses
of any such removal and the amount of the proceeds and
expenses of any such sale shall be final and conclusive against
the CONTRACTOR.

31 Change in constitution: 31.1 Where the CONTRACTOR is a partnership firm, the prior
approval of the EMPLOYER shall be obtained in writing, before
any change is made in the constitution of the firm. Where the
CONTRACTOR is an individual or a Hindu undivided family
business concem, such approval as aforesaid shall,likewise be
obtained before such CONTRACTOR enters into any agreement
with other parties, where under, the reconstituted firm would have
the right to carry out the work hereby undertaken by the
CONTRACTOR. In either case if prior approval as aforesaid is
not obtained, the CONTRACT shall be deemed to have been
allotted in contravention of clause 37 hereof and the same action
may be taken and the same consequence shall ensure as
provided in the said clause.

32 Termination of contract 32(A) TERMINATION OF CONTRACT FOR DEATH:

If the CONTRACTOR is an individual or a proprietary concern
and the individual or the proprietor dies or if the CONTRACTOR
is a partnership concern and one of the partner dies then
unless, the EMPLOYER is satisfied that the legal representative
of the individual or the proprietory concern or the surviving
partners are capable of carrying out and completing
CONTRACT, he (the EMPLOYER)is entitled to cancel the
CONTRACT for the uncompleted part without being in any way
liable for any compensation payment to the estate of the
diseased CONTRACTOR and/or to the surviving partners of the
CONTRACTOR'S firm on account of the cancellation of
CONTRACT. The decision of the EMPLOYER in such

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assessment shall be final and binding on the parries. In the

event of such cancellation, the EMPLOYER shall not hold the
estate of the diseased CONTRACTOR and/or the surviving
partners of the CONTRACTOR'S firm liable for any damages for
non-completion of CONTRACT.

32(8) TERMINATION OF CONTRACT IN CASE OF LIQUIDATION /

BANKRUPTCY ETC.
If the Contractor shall dissolve or become bankrupt or insolvent
or cause or suffer any receiver to be appointed of his business
of any assets thereof compound with his Creditors, or being a
corporation commence to be wound up, not being a member's
voluntary winding up for the purpose of amalgamation or
reconstruction, or carry on its business under a Receiver for
the benefits of its Creditors any of them, EMPLOYER shall be
at liberty :-

To terminate the contract forthwith upon coming to know of the

happening of any such event as aforesaid by notice in writing to
the Contractor or to give the Receiver or liquidator or other
person, the option of carrying out the contract subject to his
providing a guarantee upto an amount to be agreed upon by
EMPLOYER for due and faithful performance of the contract.

32(C) TERMINATION OF CONTRACT FOR NON-PERFORMANCE

AND SUBSEQUENTLY PUTTING THE CONTRACTOR ON
HOLIDAY:
In case of termination of CONTRACT herein set forth (under
clause 29.0) except under conditions of Force Majeure and
termination after expiry of contract, the CONTRACTOR shall be
put under holiday [i.e. neither any enquiry will be issued to the
party by GAIL (India) Ltd. against any type of tender nor their
offer will be considered by GAIL against any ongoing tender (s)
where contract between GAIL and that particular
CONTRACTOR (as a bidder) has not been finalized] for three
years from the date of termination by GAIL (India) Ltd. to such
CONTRACTOR.

33 Members of the employer 33.1 No Director, or official or employee of the EMPLOYER/

not individually liable: CONSULTANT shall in any way be personally bound or liable for
the acts or obligations of the EMPLOYER under the CONTRACT
or answerable for any default or omission in the observance or
' performance of any of the acts, matters or things Which are
herein contained.

34 Employer not bound by 34.1 The CONTRACTOR shall not be entitled to any increase on the
personal scheduled rates or any other right or claim whatsoever by reason
representations: of any representation, explanation statement or alleged
representation, promise or guarantees given or alleged to have
been given to him by any person.

35 Contractor's office at 35.1 The CONTRACTOR shall provide and maintain an office at the
site: site for the accommodation of his agent and staff and such office
shall be open at all reasonable hours to receive instructions,
notice or other communications. The CONTRACTOR at all time
shall maintain a site instruction book and compliance of these
shall be communicated to the ENGINEER-IN CHARGE from time
to time and the whole document to be preserved and handed
over after completion of works.

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36 Contractor's subordinate 36.1 The CONTRACTOR, on or after award of the WORK shall name
staff and their conduct and depute a qualified engineer having sufficient experience in
carrying out work of similar nature, to whom the equipments,
materials, if any, shall be issued and instructions for works given.
The CONTRACTOR shall also provide to the satisfaction of the
ENGINEER-IN- CHARGE sufficient and qualified staff to
superintend the execution of the WORK, competent sub-agents,
foremen and leading hands including those specially qualified by
previous experience to supervise the types of works comprised in
the CONTRACT in such manner as will ensure work of the best
quality, expeditious working. Whenever in the opinion of the
ENGINEER-IN- CHARGE additional properly qualified
supervisory staff is considered necessary, they shall be
employed by the CONTRACTOR without additional charge on
accounts thereof. The CONTRACTOR shall ensure to the
satisfaction of the ENGINEER-IN-CHARGE that
SUB- CONTRACTORS, if any, shall provide competent and
efficient supervision, over the work entrusted to them.

36.2 If and whenever any of the CONTRACTOR's or

SUB- CONTRACTOR'S agents, sub-agents, assistants, foremen,
or other employees shall in the opinion of
ENGINEER-IN- CHARGE be guilty of any misconduct or be
incompetent or insufficiently qualified or negligent in the
performance of their duties of that in the opinion of the
EMPLOYER or the ENGINEER-IN-CHARGE, it is undesirable for
administrative or any other reason for such pers6n or persons to
be employed in the works, the CONTRACTOR, is so directed by
the ENGINEER-IN-CHARGE, shall at once remove such person
or persons from employment thereon. Any person or persons so
removed from the works shall not again be employed in
connection with the WORKS without the written permission of the
ENGINEER-IN- CHARGE. Any person so removed from the
WORK shall be immediately re-placed at the expense of the
CONTRACTOR by a qualified and competent substitute. Should
the CONTRACTOR be requested to repatriate any person
removed from the works he shall do so and shall bear all costs in
connection herewith.

36.3 The CONTRACTOR shall be responsible for the proper

behaviour of all the staff, foremen, workmen, and others, and
shall exercise a proper degree of control over them and in
particular and without prejudice to the said generality, the
CONTRACTOR shall be bound to prohibit and prevent any
employees from trespassing or acting in any way detrimental or
prejudicial to the interest of the community or of the properties or
occupiers of land and properties in the neighborhood and in the
event of such employee so trespassing, the CONTRACTOR shall
be responsible therefore and relieve the EMPLOYER of all
consequent claims or actions for damages or injury or any other
grounds whatsoever. The decision of the
ENGINEER-IN-CHARGE upon any matter arising under this
clause shall be final. The CONTRACTOR shall be liable for any
liability to EMPLOYER on account of deployment of
CONTRACTOR's staff etc. or incidental or arising out of the
execution of CONTRACT.

The CONTRACTOR shall be liable for all 'acts or omissions on

the part of his staff, Foremen and Workmen and others in his
employment, including misfeasance or negligence of whatever

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kind in the course of their work or during their employment, which

are connected directly or indirectly with the CONTRACT.

36.4 If and when required by the EMPLOYER and CONTRACTOR's

personnel entering upon the EMPLOYER's premises shall be
properly identified by badges of a type acceptable to the
EMPLOYER which must be worn at all times on EMPLOYER's
premises. CONTRACTOR may be required to obtain daily entry
passes for his staff/employees from EMPLOYER to work within
operating areas. These being safety requirements, no
relaxations on this account shall be given to CONTRACTOR.

37 Sub-letting of works: 37.1 No part of the CONTRACT nor any share or interest therein shall
in any manner or degree be transferred, assigned or sublet by
the CONTRACTOR directly or indirectly to any person, firm or
corporation whatsoever without the consent in writing, of the
ENGINEER/EMPLOYER except as provided for in the
succeeding sub-clause.

i) SUB-CONTRACTS FOR TEMPORARY WORKS ETC.:

The EMPLOYER may give written consent to Sub- contract

for the execution of any part of the WORK at the site, being
entered in to by CONTRACTOR provided each individual
Sub- contract is submitted to the ENGINEER-IN-CHARGE
before being entered into and is approved by him.

fi) LIST OF SUB-CONTRACTORS TO BE SUPPLIED:

At the commencement of every month the CONTRACTOR

shall furnish to the ENGINEER-IN- CHARGE list of all
SUB-CONTRACTORS or other persons or firms engaged by
the CONTRACTOR and working at the SITE during the •
previous month with particulars of the general nature of the
Subcontract or works done by them.

CONTRACTOR'S LIABILITY NOT LIMITED BY

SUB- CONTRACTORS:

Notwithstanding any sub-letting with such approval as

aforesaid and notwithstanding that the ENGINEER-I
N-CHARGE shall have received copies of any Subcontracts,
the contractor shall be and shall remain solely
responsible for the quality, proper and expeditious execution
of the Contract in all respects as if such sub-letting or
Subcontracting had not taken place, and as if such work
had been done directly by the CONTRACTOR. The
CONTRACTOR shall bear all responsibility for any act or
omission on the part of sub-contractors in regard to work to
be performed under the CONTRACT.

EMPLOYER MAY TERMINATE SUB-CONTRACTS:

If any SUB-CONTRACTOR engaged upon the works at the

site executes any works which in the opinion of the
ENGINEER-IN-CHARGE is not in accordance with the
CONTRACT documents, the EMPLOYER may by written
notice to the CONTRACTOR request him to terminate such
subcontract and the CONTRACTOR upon the receipt of

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such notice shall terminate such Subcontract and dismiss

the SUB-CONTRACTOR(S) and the later shall forthwith
leave the works, failing which the EMPLOYER shall have the
right to remove such SUB- CONTRACTOR(S) from the site.

v) NO REMEDY FOR ACTION TAKEN UNDER THIS

CLAUSE:

No action taken by the EMPLOYER under the clause shall

relieve the CONTRACTOR of any of his liabilities under the
CONTRACT or give rise to any right or compensation,
extension of time or otherwise failing which the EMPLOYER
shall have the right to remove such SUB-CONTRACTOR(S)
from the site.

38 Power of entry: 38.1 If the CONTRACTOR shall not commence the WORK in the
manner previously described in the CONTRACT documents or if
he shall at any time in the opinion of the ENGINEER-I
N-CHARGE.

fail to carry out the WORK in conformity with the

CONTRACT documents, or

fail to carry out the WORK in accordance with the Time

Schedule, or

substantially suspend work or the WORK for a period of

fourteen days without authority from the
ENGINEER-IN-CHARGE, or

fail to carry out and execute the WORK to the satisfaction of

the ENGINEER-IN-CHARGE, or

fail to supply sufficient or suitable construction plant,

temporary works, labour, materials or things, or

Commit, suffer, or permit any other breach of any of the

provisions of the CONTRACT on his part to be performed or
observed or persist in any of the above mentioned breaches
of the CONTRACT for fourteen days, after notice in writing
shall have been given to the CONTRACTOR by the
ENGINEER-IN-CHARGE requiring such breach to be
remedied, or

if the CONTRACTOR shall abandon the WORK, or

If the CONTRACTOR during the continuance of the

CONTRACT shall become bankrupt, make any arrangement
or composition with his creditors, or permit any execution to
be levied or go into liquidation whether compulsory or
voluntary not being merely a voluntary liquidation for the
purpose of amalgamation or reconstruction

then in any such case, the EMPLOYER shall have the power to
enter upon the WORK and take possession thereof and of the
materials, temporary WORK, construction plant, and stock
thereon, and to revoke the CONTRACTOR's licence to use the
same, and to complete the WORK by his agents, other
CONTRACTORS or workmen or to relate the same upon any
terms and to such other person, firm or corporation as the

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EMPLOYER in his absolute • discretion may think proper to

employ and for the purpose aforesaid to use or authorise the use
of any materials, temporary work, CONSTRUCTION PLANT, and
stock as aforesaid, without making payment or allowance to the
CONTRACTOR for the said materials other than such as may be
certified in writing by the ENGINEER-IN-CHARGE to be
reasonable, and without making any payment or allowance to the
CONTRACTOR for the use of the temporary said works,
construction plant and stock or being liable for any loss or
damage thereto, and if the EMPLOYER shall by reason of his
taking possession of the WORK or of the WORK being
completed by other CONTRACTOR (due account being taken of
any such extra work or works which may or be omitted) then the
amount of such excess as certified by the
ENGINEER-IN- CHARGE shall be deducted from any money
which may be due for work done by the CONTRACTOR under
the CONTRACT and not paid for. Any deficiency shall forthwith
be made good and paid to the EMPLOYER by the
CONTRACTOR and the EMPLOYER shall have power to sell in
such manner and for such price as he may think fit all or any of
the construction plant, materials etc. constructed by or belonging
to and to recoup and retain the said deficiency or any part thereof
out of proceeds of the sale.

39 Contractor's 39.1 Without repugnance of any other condition, it shall be the

responsibility with the responsibility of the CONTRACTOR executing the work of civil
mechanical, electrical, construction, to work in close cooperation and coordinate the
intercommunication WORK with the Mechanical, Electrical, Air-conditioning and
system, airconditioning Intercommunication Contractor's and other agencies or their
contractors and other authorised representatives, in providing the necessary grooves,
agencies: recesses, cuts and opening etc., in wall, slabs beams and
columns etc. and making good the same to the desired finish as
per specification, for the placement of electrical,
intercommunication cables, conduits, air-conditioning inlets and
outlets grills and other equipments etc. where required. For the
above said requirements in the false ceiling and other partitions,
the CONTRACTOR before starting-up the work shall in
consultation with the Electrical, Mechanical, Intercommunication,
Air-conditioning contractor and other agencies prepare and
put-up a joint scheme, showing the necessary openings,
grooves, recesses, cuts, the methods of fixing required for the
WORK of the aforesaid, and the finishes therein, to the
ENGINEER-IN-CHARGE and get the approval. The
CONTRACTOR before finally submitting the scheme to the
ENGINEER-IN-CHARGE, shall have the written agreement of
the other agencies. The ENGINEER- IN-CHARGE, before
communicating his approval to the scheme, with any required
modification, shall get the final agreement of all the agencies,
which shall be binding. No claim shall be entertained on account
of the above.

The CONTRACTOR shall confirm in all respects with provision of

any statutory regulations, ordinances or byelaws of any local or
duly constituted authorities or public bodies which may be
applicable from time to time to the WORK or any temporary
works. The CONTRACTOR shall keep the EMPLOYER
indemnified against all penalties and liabilities of every kind,
arising out of non- adherance to such stains, ordinances, laws,
rules, regulations, etc.

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40 Other agencies at site: 40.1 The CONTRACTOR shall have to execute the WORK in such
place and conditions where other agencies Will also be engaged
for other works such as site grading, filling, and levelling,
electrical and mechanical engineering works, etc. No claim shall
be entertained due to WORK being executed in the above
circumstances.

41 Notice: 41.1 TO THE CONTRACTOR:

Any notice hereunder may be served on the CONTRACTOR or

his duly authorised representative at the job site or may be
served by registered mail direct to the address furnished by the
CONTRACTOR. Proof of issue of any such notice could be
conclusive of the CONTRACTOR having been duly informed of
all contents therein.

41.2 TO THE EMPLOYER:

Any notice to be given to the EMPLOYER under the terms of the

CONTRACTOR shall be served by sending the same by
Registered mail to or delivering the same at the respective site
offices of MIS. GAIL (INDIA) LTD. addressed to the
HEAD/SITE-IN-CHARGE.

42 Right of various 42.1 i) The EMPLOYER reserves the right to distribute the work
interests: between more than one agency(ies). The
CONTRACTOR shall cooperate and afford other
agency(ies) reasonable opportunity for access to the
WORK for the carriage and storage of materials and
execution of their works.

ii) Wherever the work being done by any department of the

EMPLOYER or by other agency(ies) employed by the
EMPLOYER is contingent upon WORK covered by this
CONTRACT, the respective rights of the various
interests involved shall be determined by the
ENGINEER-IN-CHARGE to secure the completion of the
various portions of the work in general harmony.

43 Patents and royalties: 43.1 The CONTRACTOR, if licensed under any patent covering
equipment, machinery, materials or compositions of matter to be
used or supplied or methods and process to be practised or
employed in the performance of this CONTRACT, agrees to pay
all royalties and licence fees which may be due with respect
thereto. If any equipment, machinery, materials, composition of
matters, be used or supplied or methods and processes to be
practised or employed in the performance of this CONTRACT,is
covered by a patent under which the CONTRACTOR is not
licensed then the CONTRACTOR before supplying or using the
equipment, machinery materials, composition method or
processes shall obtain such licences and pay such royalties and
licence fees as may be necessary for performance of this
CONTRACT. In the event the CONTRACTOR fails to pay any
such royalty or obtain any such licence, any suit for infringement
of such patents which is brought against the CONTRACTOR or
the EMPLOYER as a result such failure will be defended by the
CONTRACTOR at his own expense and the CONTRACTOR will
pay any damages and costs awarded in such suit. The
CONTRACTOR shall promptly notify the EMPLOYER if the
CONTRACTOR has acquired the knowledge of any plant under

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which a suit for infringement could be reasonably brought

because of the use by the EMPLOYER of any equipment,
machinery, materials, process, methods to be supplied
hereunder. The CONTRACTOR agrees to and does hereby
grant to EMPLOYER, together with the right to extend the same
to any of the subsidiaries of the EMPLOYER as irrevocable,
royalty free licence to use in any country, any invention made by
the CONTRACTOR or his employee in or as result of the
performance of the WORK under the CONTRACT.

43.2 All charges on account of royalty. toilage, rent, octroi terminal or

sales tax and/or other duties or any other levy on materials
obtained for the work or temporary work or part thereof
(excluding materials provided by the EMPLOYER) shall be bome
by the CONTRACTOR.

43.3 The CONTRACTOR shall not sell or otherwise dispose of or

remove except for the purpose of this CONTRACT, the sand,
stone, clay, ballast, earth, rock or other substances, or materials
obtained from any excavation made for the purpose of the
WORK or any building or produce upon the site at the time of
delivery of the possession thereof, but all such substances,
EMPLOYER provided that the CONTRACTOR may with the
permission of the ENGINEER-IN-CHARGE, use the same for the
purpose of the work by payment of cost of the same at such a
rate as may be determined by the ENGINEER-IN- CHARGE.

43.4 The EMPLOYER shall indemnify and save harmless the

CONTRACTOR from any loss on account of claims against
CONTRACTOR for the contributory infringement of patent rights
arising out and based upon the claim that the use of the
EMPLOYER of the process included in the design prepared by
the EMPLOYER and used in the operation of the plant infringes
on any patent right. With respect to any subcontract entered into
by CONTRACTOR pursuant to the provisions of the relevant
clause hereof, the CONTRACTOR shall obtain from the
SUB-CONTRACTOR an undertaking to provide the EMPLOYER
with the same patent protection that CONTRACTOR is required
to provide under the provisions of this clause.

44 Liens: 44.1 If, at any time there should be evidence or any lien or claim for
which the EMPLOYER might have become liable and which is
chargeable to the CONTRACTOR, the EMPLOYER shall have
the right to retain out of any payment then due or thereafter to
become due an amount sufficient to completely indemnify the
EMPLOYER against such lien or claim and if such lien or claim
be valid, the EMPLOYER may pay and discharge the same and
deduct the amount so paid from any money which may be or
may become due and payable to the CONTRACTOR. If any lien
or claim remain unsettled after all payments are made, the
CONTRACTOR shall refund or pay to the EMPLOYER all money
that the latter may be compelled to pay in discharging such lien
or claim including all costs and reasonable expenses.
EMPLOYER reserves the right to do the same.

44.2 The EMPLOYER shall have lien on all materials, equipments

including those brought by the CONTRACTOR for the purpose of
erection, testing and commissioning of the WORK.

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44.3 The final payment shall not become due until the CONTRACTOR
delivers to the ENGINEER-IN-CHARGE a complete release or
waiver of all liens arising or which may arise out of his agreement
or receipt in full or certification by the CONTRACTOR in a form
approved by ENGINEER-IN-CHARGE that all invoices for labour,
materials, services have been paid in Hen thereof and if required
by the ENGINEER-IN-CHARGE in any case an affidavit that so
far as the CONTRACTOR has knowledge or information the
releases and receipts include all the labour and material for which
a lien could be filled.

44.4 CONTRACTOR will indemnify and hold the EMPLOYER

harmless, for a period of two years after the issue of FINAL
CERTIFICATE, from all liens and other encumbrances against
the EMPLOYER on account of debts or claims alleged to be due
from the CONTRACTOR or his SUB-CONTRACTOR to any
person including SUB- CONTRACTOR and on behalf of
EMPLOYER will defend at his own expense, any claim or
litigation brought against the EMPLOYER or the CONTRACTOR
in connection therewith. CONTRACTOR shall defend or contest
at his own expense any fresh claim or litigation by any person
including his SUB-CONTRACTOR, till its satisfactory settlement
even after the expiry of two years from the date of issue of FINAL
CERTIFICATE.

45 Delays by employer or 45.1 In case the CONTRACTOR's performance is delayed due to any
his authorised agents: act or omission on the part of the EMPLOYER or his authorised
agents, then the CONTRACTOR shall be given due extension of
time for the completion of the WORK, to the extent such omission
on the part of the EMPLOYER has caused delay in the
CONTRACTOR's performance of his WORK.

45.2 No adjustment in CONTRACT PRICE shall be allowed for

reasons of such delays and extensions granted except as
provided in TENDER DOCUMENT, where the EMPLOYER
reserves the right to seek indulgence of CONTRACTOR to
maintain the agreed Time Schedule of Completion.

In such an event the CONTRACTOR shall be obliged for working

by CONTRACTOR's personnel for additional time beyond
stipulated working hours as also Sundays and Holidays and
achieve the completion date/interim targets.

46 Payment if the contract is 46.1 If the CONTRACT shall be terminated as per Tender pursuant to
terminated: Clause no. 29 of GCC, the CONTRACTOR shall be paid by the
EMPLOYER in so far as such amounts or items shall not have
already been covered by payments of amounts made to the
CONTRACTOR for the WORK executed and accepted by
ENGINEER-IN-CHARGE prior to the date of termination at the
rates and prices provided for in the CONTRACT and in addition
to the following:

a) The amount payable in respect of any preliminary items, so

far as the Work or service comprised therein has been
carried out or performed and an appropriate portion as
certified by ENGINEER-IN- CHARGE of any such items or
service comprised in which has been partially carried out or
performed.

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b) Any other expenses which the CONTRACTOR has

expended for performing. the WORK under the CONTRACT
subject to being duly recommended by
ENGINEER-IN-CHARGE and approved by EMPLOYER for
payment, based on documentary evidence of his having
incurred such expenses.

46.2 The CONTRACTOR will be further required to transfer the title

and provide the following in the manner and as directed by the
EMPLOYER.

Any and all completed works.

Such partially completed WORK including drawings,

informations and CONTRACT rights as the CONTRACTOR
has specially performed, produced or acquired for the
performance of the CONTRACTOR.

47 No waiver of rights: 47.1 Neither the inspection by the EMPLOYER or any of their officials,
employees, or agents nor any order by the EMPLOYER for
payment of money or any payment for or acceptance of the
whole or any part of the Work by the EMPLOYER nor any
extension of time, nor any possession taken by EMPLOYER
shall operate as a waiver of any provision of the CONTRACT, or
of any power herein reserved to the EMPLOYER, or any right to
damages herein provided, nor shall any waiver of any breach in
the CONTRACT be held to be a waiver of any other subsequent
breach.

48 Certificate not to affect 48.1 No interim payment certificate(s) issued by the Engineer-in-
right of employer and Charge of the EMPLOYER, nor any sum paid on account by the
liability of contractor: EMPLOYER, nor any extension of time for execution of the work
granted by EMPLOYER shall affect or prejudice the rights of the
Employer against the CONTRACTOR or relieve the
CONTRACTOR of his obligations for the due performance of the
CONTRACT, or be interpreted as approval of the WORK done or
of the equipment supplied and no certificate shall create liability
for the EMPLOYER to pay for alterations, amendments,
variations or additional works not ordered, in writing, by
EMPLOYER or discharge the liability of the CONTRACTOR for
the payment of damages whether due, ascertained, or certified or
not or any sum against the payment of which he is bound to
indemnify the EMPLOYER.

49 Language and measures: 49.1 All documents pertaining to the CONTRACT including
Specifications, Schedules, Notices, Correspondence, operating
and maintenance Instructions, DRAWINGS, or any other writing
shall be written in English language. The Metric System of
measurement shall be used in the CONTRACT unless otherwise
specified.

50 Transfer of title: 50.1 The title of Ownership of supplies furnished by the

CONTRACTOR shall not pass on to the EMPLOYER for all
Supplies till the same are finally accepted by the EMPLOYER
after the successful completion of PERFORMANCE TEST and
GUARANTEE TEST and issue of FINAL CERTIFICATE.

50.2 However, the EMPLOYER shall have the lien on all such works
performed as soon as any advance or progressive payment is
made by the EMPLOYER to the CONTRACTOR and the

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CONTRACTOR shall not subject these works for use other than
those intended under this CONTRACT.

51 Release of information: 51.1 The CONTRACTOR shall not communicate or use in advertising,
publicity, sales releases or in any other medium, photographs, or
other reproduction of the Work under this CONTRACT or
description of the site dimensions, quantity , quality or Other
information, concerning the Work unless prior written permission
has been obtained from the EMPLOYER.

52 Brand names: 52.1 The specific reference in the SPECIFICATIONS and documents
to any material by trade name, make or catalogue number shall
be construed as establishing standard or quality and
performance and not as limited competition. However,
TENDERER may offer other similar equipments provided it
meets the specified standard design and performance
requirements.

53 Completion of contract: 53.1 Unless otherwise terminated under the provisions of any other
relevant clause, this CONTRACT shall be deemed to have been
completed at the expiration of the PERIOD OF LIABILITY as
provided for under the CONTRACT.

54 Spares: 54.1 The CONTRACTOR shall furnish to the EMPLOYER all spares
required for COMMISSIONING of the plants, recommendatory
and/or mandatory spares, which are required essential by the
manufacturer/supplier. The same shall be delivered at SITE,
3(Three) months before COMMISSIONING.

Also the CONTRACTOR should furnish the manufacturing

drawings for fast wearing spares.

54.2 The CONTRACTOR guarantees the EMPLOYER that before the

manufacturers of the equipments, plants and machineries go out
of production of spare parts for the equipment furnished and
erected by him, he shall give at least twelve (12) months'
advance notice to the EMPLOYER, so that the latter may order
his requirement of spares in one lot, if he so desires.

SECTION-V PERFORMANCE OF WORK

55 Execution of work: 55.1 All the Works shall be executed in strict conformity with the
provisions of the CONTRACT Documents and with such
explanatory detailed drawings, specification and instructions
as may be furnished from time to time to the
CONTRACTOR by the ENGINEER-IN-CHARGE whether
mentioned in the CONTRACT or not. The CONTRACTOR
shall be responsible for ensuring that works throughout are
executed in the most substantial, proper and workmanlike
manner with the quality of material and workmanship in strict
accordance with the SPECIFICATIONS and to the entire
satisfaction of the ENGINEER-IN-CHARGE. The
CONTRACTOR shall provide all necessary materials
equipment labour etc. for execution and maintenance of
WORK till completion unless otherwise mentioned in the
CONTRACT.

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56 Co-ordination and inspection 56.1 The coordination and inspection of the day-to-day work
of work: under the CONTRACT shall be the responsibility of the
ENGINEER-IN-CHARGE. The written instruction regarding
any particular job will normally be passed by the
ENGINEER-IN-CHARGE or his authorised representative.
A work order book will be maintained by the CONTRACTOR
for each sector in which the aforesaid written instructions will
be entered. These will be signed by the CONTRACTOR or
his authorised representative by way of acknowledgement
within 12 hours.

57 Work in monsoon and 57.1 Unless otherwise specified elsewhere in the tender, the
dewatering: execution of the WORK may entail working in the monsoon
also. The CONTRACTOR must maintain a minimum labour
force as may be required for the job and plan and execute
the construction and erection according to the •prescribed
schedule. No extra rate will be considered for such work in
monsoon.

57.2 During monsoon and other period, it shall be the

responsibility of the CONTRACTOR to keep the construction
work site free from water at his own cost.

58 Work on Sundays and 58.1 For carrying out Work on Sundays, and Holidays, the
Holidays: CONTRACTOR will approach the ENGINEER-IN-CHARGE
or his representative at least two days in advance and obtain
permission in writing. The CONTRACTOR shall observe all
labour laws and other statutory rules and regulations in
force. In case of any violations of such laws, rules and
regulations, consequence if any, including the cost thereto
shall be exclusively borne by the CONTRACTOR and the
EMPLOYER shall have no liability whatsoever on this
account.

59 General conditions for 59.1 The working time at the site of work is 48 hours per week.
construction and erection Overtime work is permitted in cases of need and the
work: EMPLOYER will not compensate the same. Shift working at
2 or 3 shifts per day will become necessary and the
CONTRACTOR should take this aspect into consideration
for formulating his rates for quotation. No extra claims will
be entertained by the EMPLOYER no this account. For
carrying out work beyond working hours the CONTRACTOR
will approach the ENGINEER-IN-CHARGE or his authorised
representative and obtain his prior written permission.

59.2 The CONTRACTOR must arrange for the placement of

workers in such a way that the delayed completion of the
WORK or any part thereof for any reason whatsoever will
not affect their proper employment. The EMPLOYER will
not entertain any claim for idle time payment whatsoever.

59.3 The CONTRACTOR shall submit to the

EMPLOYER/ENGINEER-IN- CHARGE reports at regular
intervals regarding the state and progress of WORK. The
details and proforma of the report will mutually be agreed
after the award of CONTRACT. The CONTRACTOR shall
provide display boards showing progress and labour
strengths at worksite, as directed by the
ENGINEER-IN-CHARGE.

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60 Alterations in specifications, 60.1 The WORK covered under this CONTRACT having to be
design and extra works: executed by the CONTRACTOR on a lumpsum firm
price/item rate quoted by him, the EMPLOYER will not
accept any proposals for changes in VALUE OF
CONTRACT or extension in time on account of any such
changes which may arise to the CONTRACTOR's scope of
WORK as a result of detailed Engineering and thereafter
during the execution of WORK. The only exception to this
will be a case where the EMPLOYER requests in writing to
the CONTRACTOR to upgrade the SPECIFICATIONS or
the size of any major pieces of equipments, plant or
machinery beyond what is normally required to meet the
scope of WORK as defined in the CONTRACT
DOCUMENT. •

In such cases, a change order will be initialled by the

CONTRACTOR at the appropriate time for the
EMPLOYER's prior approval giving the full back-up data for
their review and for final settlement of any impact on price
within 30 (thirty) days thereafter.

60.2 The ENGINEER-IN-CHARGE shall have to make any

alterations in, omission from, additions to or substitutions for,
the Schedule of Rates, the original specifications, drawings,
designs and instructions that may appear to him to be
necessary or advisable during the progress of the WORK
and the CONTRACTOR shall be bound to carry out the
such altered/ extra/ new items of WORK in accordance with
any instructions which may be given to him in writing signed
by the ENGINEER-IN- CHARGE, and such alterations,
omissions, additions or substitutions shall not invalidate the
CONTRACT and any altered, additional or substituted work
which the CONTRACTOR may be directed to do in the
manner above specified as part of the WORK shall be
carried out by the CONTRACTOR on the same conditions in
all respects on which he agreed to do the main WORK. The
time of completion of WORK may be extended for the part of
the particular job at the discretion of the
ENGINEER-IN- CHARGE, for only such alterations,
additions or substitutions of the WORK, as he may consider
as just and reasonable. The rates for such additional,
altered or substituted WORK under this clause shall be
worked out in accordance with the following provisions:-

I. For Item Rate Contract

If the rates for the additional, altered or substituted

WORK are specified in the CONTRACT for the
WORK, the CONTRACTOR is bound to carry on the
additional, altered or substituted WORK at the same
rates as are specified in the CONTRACT.

If the rates for the additional, altered or substituted

WORK are not specifically provided in the
CONTRACT for the WORK, the rates will be derived
from the rates for similar class of WORK as are
specified in the CONTRACT for the WORK. The
opinion of The ENGINEER-IN- CHARGE, as to
whether or not the rates can be reasonably so derived

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from the items in this CONTRACT will be final and

binding on the CONTRACTOR.

If the rates for the altered, additional or substituted

WORK cannot be determined in the manner specified
in sub-clause(s) and (b) above, then the
CONTRACTOR shall, within 7 days of the date of
receipt of order to carry out the WORK, inform the
ENGINEER-IN-CHARGE of the rates which it is his
intention to charge for such class of WORK,
supported by analysis of the rate or rates claimed,
and the ENGINEER-IN-CHARGE shall determine the
rate or rates on the basis of the prevailing market
rates, labour 'cost at schedule of labour rates plus
10% to cover contractor's supervision, overheads and
profit and pay the CONTRACTOR accordingly. The
opinion of the ENGINEER- IN-CHARGE as to current
market rates of materials and the quantum of labour
involved per unit of measurement will be final and
binding on the CONTRACTOR.

Where the item of work will be executed through

nominated specialist agency as approved by the
ENGINEER-IN-CHARGE, then the actual amount
paid to such nominated agency supported by
documentary evidence and as certified by
ENGINEER-IN-CHARGE shall be considered plus
10% (ten percent) to cover all contingencies,
overhead, profits to arrive at the rates.

Provisions contained in the Sub-clause (a) & (d)

above shall, however, not apply for the following:-

Where the value of additions of new items together

with the value of alterations, additions/deletions or
substitutions does not exceed by or is not less than
plus/minus (+)25% of the VALUE OF CONTRACT.
The item rates in the Schedule of Rates shall hold
good for all such variations between the above
mentioned limits, irrespective of any
increase/decrease of quantities in the individual items
of Schedule of Rates.

Where the value of addition of new items together

with the value of alterations, additions/deletions or
substitutions reduces more than 25% of the contract
value but is within the following limits the tenderer
shall be paid compensation for decrease in the value
of work, as follows:

[Link]. Range of Variation Percentage

compensation for
decrease in the value of
work in the respective
range.

a) Beyond (+) 25% No increase and/or

upto & inclusive of decrease shall be
(+) 50% applicable for the
Schedule of Rates

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(The rates quoted for

this increase shall be
valid).

b) Beyond (-) 25% upto & For reduction beyond

inclusive of (-) 50% 25%contractor shall
be compensated by
an amount equivalent
to 10% of the
reduction in value of
the contract as
awarded. For
example if the actual
contract value is 70%
of awarded value then
compensation shall
be 10% of (75-70) i.e.
0.5% of awarded
contract value.
II. For Lumpsum Contracts

CONTRACTOR shall, within 7 days of the date of receipt

of order to carry out the WORK, inform the
ENGINEER-IN- CHARGE of the rates which it is his
intention to charge for such class of WORK, supported by
analysis of the rate or rates claimed, and the
ENGINEER-IN-CHARGE shall determine the rate or rates
on the basis of the prevailing market rates, labour cost at
schedule of labour rates plus 10% to cover contractor's
supervision, overheads and profit and pay the
CONTRACTOR accordingly. The opinion of the
ENGINEER- IN-CHARGE as to current market rates of
materials and the quantum of labour involved per unit of
measurement will be final and binding on the
CONTRACTOR.

61 Drawings to be supplied by 61.1 The drawings attached with tender are only for the general
the employer guidance to the CONTRACTOR to enable him to visualize
the type of work contemplated and scope of work involved.
The CONTRACTOR will be deemed to have studied the
DRAWINGS and formed an idea about the WORK
involved.

61.2 Detailed working drawings on the basis of which actual

execution of the WORK is to proceed, will be furnished
from time to time during the progress of the work. The
CONTRACTOR shall be deemed to have gone through the
DRAWINGS supplied to him thoroughly and carefully and
in conjunction with all other connected drawings and bring
to the notice of the ENGINEER-IN-CHARGE
discrepancies, if any, therein before actually carrying out
the Work.

61.3 Copies of all detailed working drawings relating to the

WORK shall be kept at the CONTRACTOR's office on the
site and shall be made available to the
ENGINEER-IN- CHARGE at any time during the
CONTRACT. The drawings and other documents issued
by the EMPLOYER shall be returned to the EMPLOYER on
completion of the WORK.

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62 Drawings to be supplied by 62.1 The drawings/date which are to be furnished by the

the contractor: CONTRACTOR are enumerated in the special conditions
of contract, and shall be furnished within the specified time.

62.2 Where approval/review of drawings before manufacture/

construction/fabrication has been specified, it shall be
CONTRACTOR's responsibility to have these drawings
prepared as per the directions of ENGINEER-IN-CHARGE
and got approved before proceeding with
manufacture/construction/fabrication as the case may be.
Any change that may have become necessary in these
drawings during the execution of the work shall have to be
carried out by the CONTRACTOR to the satisfaction of
ENGINEER-IN-CHARGE at no extra cost. All final
drawings shall bear the certification stamp as indicated
below duly signed by both the CONTRACTOR and
ENGINEER-IN-CHARGE. •

"Certified true for

(Name of Work)

Agreement
No.

Signed:

(CONTRACTOR)
(ENGINEER-IN-CHARGE)

62.3 The DRAWINGS submitted by the CONTRACTOR shall be

reviewed by the ENGINEER-IN-CHARGE as far as
practicable within 3 (Three) weeks and shall be modified by
the CONTRACTOR, if any modifications and/or corrections
are required by the ENGINEER-IN-CHARGE. The
CONTRACTOR shall incorporate such modifications and/or
corrections and submit the final drawings for approval. Any
delays arising out of failure by the CONTRACTOR to rectify
the drawing in good time shall not alter the Contract
Completion Time.

62.4 As built drawings showing all borrections, adjustments etc.

shall be furnished by the CONTRACTOR in six copies and
one transparent for record purposed to the EMPLOYER.

63 Setting out works: 63.1 The ENGINEER-IN-CHARGE shall furnish the

CONTRACTOR with only the four corners' of the Works site
and a level bench mark and the CONTRACTOR shall set
out the Works and shall provide an efficient staff for the
purpose and shall be solely responsible for the accuracy of
such setting out.

63.2 The CONTRACTOR shall provide, fix and be responsible

for the maintenance of all stakes, templates, level marks,
profiles and other similar things and shall take all necessary
precautions to prevent their removal or disturbance and
shall be responsible for the consequence of such removal
or disturbance should the same take place and for their

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efficient and timely reinstatement. The CONTRACTOR

shall also be responsible for the maintenance of all existing
survey marks, boundary marks, distance marks and center
line marks, either existing or supplied and fixed by the
CONTRACTOR. The work shall be set out to the
satisfaction of the ENGINEER-IN-CHARGE. The approval
there of joining with the CONTRACTOR by the
ENGINEER- IN-CHARGE in setting out the work, shall not
relieve the CONTRACTOR of any of his responsibility.

63.3 Before beginning the Works, the CONTRACTOR shall at

his own cost, provide all necessary reference and level
posts, pegs, bamboos, flags, ranging rods, strings and
other materials for proper layout of the works in accordance
with the schemes for bearing marks acceptable to the
ENGINEER-IN-CHARGE. The center, longitudinal or face
lines and cross lines shall be marked by means of small
masonry pillars. Each pillar shall. have distinct mark at the
centre to enable theodolite to be set over it. No work shall
be started until all these points are checked and approved
by the ENGINEER-IN-CHARGE in writing but such
approval shall not relieve the CONTRACTOR of any of his
responsibilities. The CONTRACTOR shall also provide all
labour, material and other facilities, as necessary, for the
proper checking of layout and inspection of the points
during construction.

63.4 Pillars bearing geodetic marks located at the sites of units

of WORKS under construction should be protected and
fenced by the CONTRACTOR.

63.5 On completion of WORK, the CONTRACTOR must submit

the geodetic documents according to which the WORK was
carried out.

64 Responsibility for level and 64.1 The CONTRACTOR shall be entirely and exclusively
alignment: responsible for the horizontal and vertical alignment, the
levels and correctness of every part of the WORK and shall
rectify effectively any errors or imperfections therein, such
rectifications shall be carried out by the CONTRACTOR, at
his own cost, when instructions are issued to that effect by
the ENGINEER- IN-CHARGE.

65 Materials to be supplied by 65.1 The CONTRACTOR shall procure and provide within the
contractor: VALUE OF CONTRACT the whole of the materials
required for the construction including steels, cement and
other building materials, tools, tackles, construction plant
and equipment for the completion and maintenance of the
WORK except the materials which will be issued by the
EMPLOYER and shall make his own arrangement for
procuring such materials and for the transport thereof. The
EMPLOYER may give necessary recommendation to the
respective authority if so desired by the CONTRACTOR but
assumes no further responsibility of any nature. The
EMPLOYER will insist on the procurement of materials
which bear ISI stamp and/or which are supplied by reputed
suppliers.

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65.2 The CONTRACTOR shall properly store all materials either

issued to him or brought by him to the SITE to prevent
damages due to rain, wind, direct exposure to sun, etc. as
also from theft, pilferage, etc. for proper and speedy
execution of his works. The CONTRACTOR shall maintain
sufficient stocks of all materials required by him.

65.3 No material shall be despatched from the CONTRACTOR's

stores before obtaining the approval in writing of the
ENGINEER-IN-CHARGE.

66 Stores supplied by the 66.1 If the SPECIFICATION of the WORK provides for the use
employer: of any material of special description to be supplied from
the EMPLOYER's stores or it is required that the
CONTRACTOR shall use certain stores to be provided by
the ENGINEER-IN-CHARGE, such materials and stores,
and price to be charged there for as hereinafter mentioned
being so far as practicable for the convenience of the
CONTRACTOR, but not so as in any way to control the
meaning or effect of the CONTRACT, the CONTRACTOR
shall be bound to purchase and shall be supplied such
materials and stores as are from time to time required to be
used by him for the purpose of the CONTRACT only. The
sums due from the CONTRACTOR for the value of
materials supplied by the EMPLOYER will be recovered
from the running account bill on the basis of the actual
consumption of materials in the works covered and for
which the running account bill has been prepared. After the
completion of the WORK, however, the CONTRACTOR
has to account for the full Ouantity of materials supplied to
him as per relevant clauses in this document.

66.2 The value of the stores/materials as may be supplied to the

CONTRACTOR by the EMPLOYER will be debited to the
CONTRACTOR's account at the rates shown in the
schedule of materials and if they are not entered in the
schedule, they will be debited at cost price, which for the
purpose of the CONTRACT shall include the cost of
carriage and all other expenses whatsoever such as
normal storage supervision charges which shall have been
incurred in obtaining the same at the EMPLOYER's stores.
. All materials so supplied to the CONTRACTOR shall
remain the absolute property of the EMPLOYER and shall
not be removed on any account from the SITE of the
WORK, and shall be at all times open for inspection to the
ENGINEER-IN-CHARGE. Any such materials remaining
unused at the time of the completion or termination of the
CONTRACT shall be returned to the EMPLOYER's stores
or at a place as directed by the ENGINEER-IN-CHARGE in
perfectly good condition at CONTRACTOR's cost.

67 Conditions for issue of 67.1 i) Materials specified as to be issued by the

materials: EMPLOYER will be supplied to the CONTRACTOR
by the EMPLOYER form his stores. It shall be
responsibility of the CONTRACTOR to take delivery
of the materials and arrange for its loading, transport
and unloading at the SITE of WORK at his own cost.
The materials shall be issued between the working
hours and as per the rules of the EMPLOYER as
framed from time to time.

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ii) The CONTRACTOR shall bear all incidental charges

for the storage and safe custody of materials at site
after these have been issued to him.

Hi) Materials specified as to be issued by the

EMPLOYER shall be issued in standard sizes as
obtained from the manufacturers.

iv) The CONTRACTOR shall construct suitable

Godowns at the SITE of WORK for storing the
materials safe against damage by rain, dampness,
fire, theft etc. He shall also employ necessary watch
and ward establishment for the purpose.

v). It shall be duty of the CONTRACTOR to inspect the

materials supplied to him at the time of taking delivery
and satisfy himself that they are in good condition.
After the materials have been delivered by the
EMPLOYER, it shall be the responsibility of the
CONTRACTOR to keep them in good condition and if
the materials are damaged or lost, at any time, they
shall be repaired and/or replaced by him at his own
cost according to the instructions of the
ENGINEER-IN-CHARGE.

The EMPLOYER shall not be liable for delay in

supply or non-supply of any materials which the
EMPLOYER has undertaken to supply where such
failure or delay is due to natural calamities, act of
enemies, transport and procurement difficulties and
any circumstances beyond the control of the
EMPLOYER. In no case, the CONTRACTOR shall
be entitled to claim any compensation or loss suffered
by him on this account.

It shall be responsibility of the CONTRACTOR to

arrange in time all materials required for the WORK
other than those to be supplied by the EMPLOYER.
If, however, in the opinion of the
ENGINEER-IN-CHARGE the execution of the WORK
is likely to be delayed due to the CONTRACTOR's
inability to make arrangements for supply of materials
which normally he has to arrange for, the
ENGINEER-IN-CHARGE shall have the right at his
own discretion to issue such materials, if available
with the EMPLOYER or procure the materials from
the market or as elsewhere and the CONTRACTOR
will be bound to take such materials at the rates
decided by the ENGINEER-IN-CHARGE. This,
however, does not in any way absolve the
CONTRACTOR from responsibility of making
arrangements for the supply of such materials in part
or in full, should such a situation occur nor shall this
constitute a reason for the delay in the execution of
the WORK.

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None of the materials supplied to the CONTRACTOR

will be utilised by the CONTRACTOR for
manufacturing item which can be obtained as
supplied from standard manufacturer in finished
form.

The CONTRACTOR shall, if desired by the

ENGINEER- IN-CHARGE, be required to execute an
Indemnity Bond in the prescribed form for safe
custody and accounting of all materials issued by the
EMPLOYER.

The CONTRACTOR shall furnish to the

ENGINEER-IN- CHARGE sufficiently in • advance a
statement showing his requirement of the quantities
of the materials to be supplied by the EMPLOYER
and the time when the same will be required by him
for the works, so as to enable the
ENGINEER-IN-CHARGE to make necessary
arrangements for procurement and supply of the
material.

Account of the materials issued by the EMPLOYER

shall be maintained by CONTRACTOR indicating the
daily receipt, consumption and balance in hand. This
account shall be maintained in a manner prescribed
by the ENGINEER-IN-CHARGE along with all
connected papers viz, requisitions, issues, etc., and
shall be always available for inspection in the
CONTRACTOR's office at SITE.

The CONTRACTOR should see that only the

required quantities of materials are got issued. The
CONTRACTOR shall not be entitled to cartage and
incidental charges for returning the surplus materials,
if any, to the stores wherefrom they were issued or to
the place as directed by the
ENGINEER-IN-CHARGE.

Materials/Equipment(s) supplied by EMPLOYER shall

not be utilised for any purpose(s) than issued for.

68 Material procured with 68.1 Notwithstanding anything contained to the contrary in any
assistance of or all the clauses of this CONTRACT where any materials
employer/return of surplus: for the execution of the CONTRACT are procured with the
assistance of the EMPLOYER either by issue from
EMPLOYER's stock or purchases made under order or
permits or licences issued by Government, the
CONTRACTOR shall hold the said materials as trustee for
the EMPLOYER and use such materials economically and
solely for the purpose of the CONTRACT and not dispose
them off without the permission of the EMPLOYER and
return, if required by the ENGINEER-IN-CHARGE, shall
determine having due regard to the condition of the
materials. The price allowed to the CONTRACTOR,
however, shall not exceed the amount charged to, him
excluding the storage charges, if any. The decision of the
ENGINEER-IN-CHARGE shall be final and conclusive in
such matters. In the event of breach of the aforesaid

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condition, the CONTRACTOR shall, in terms of the

licences or permits and/or criminal breach of trust, be liable
to compensate the EMPLOYER at double rate or any
higher rate, in the event of those materials at that time
having higher rate or not being available in the market, then
any other rate to be • determined by the
ENGINEER-IN-CHARGE and his decision shall be final
and conclusive.

69 Materials obtained from 69.1 lithe CONTRACTOR in the course of execution of the
dismantling: WORK is called upon to dismantle any part for reasons
other than those stipulated in Clauses 74 and 77
hereunder, the materials obtained in the WORK of
dismantling etc., will be considered as the EMPLOYER's
property and will be disposed off to the best advantage of
the EMPLOYER.

70 Articles of value found: 70.1 All gold, silver and other minerals of any description and all
precious stones, coins, treasure relics, antiquities and other
similar things which shall be found in, under or upon the
SITE, shall be the • property of the EMPLOYER and the
CONTRACTOR shall duly preserve the same to the
satisfaction of the ENGINEER-IN-CHARGE and shall from
time to time deliver the same to such person or persons
indicated by the EMPLOYER.

71 Discrepancies between 71.1 Should any discrepancy occur between the various
instructions: instructions furnished to the CONTRACTOR, his agent or
staff or any doubt arises as to the meaning of any such
instructions or should there be any misunderstanding
between the CONTRACTOR's staff and the
ENGINEER-IN- CHARGE's staff, the CONTRACTOR shall
refer the matter immediately in writing to the
ENGINEER-IN-CHARGE whose decision thereon shall be
final and conclusive and no claim for losses alleged to have
been caused by such discrepancies between instructions,
doubts, or. misunderstanding shall in any event be
admissible.

72 Action where no specification 72.1 In case of any class of WORK for which there is no
is Issued: SPECIFICATION supplied by the EMPLOYER as
mentioned in the Tender Documents such WORK shall be
carried out in accordance with Indian Standard
Specifications and if the Indian Standard Specifications do
not cover the same, the WORK should be carried out as
per standard Engineering Practice subject to the approval
of the ENGINEER-IN-CHARGE.

73 Inspection of works: 73.1 The ENGINEER-IN-CHARGE will have full power and
authority to inspect the WORK at any time wherever in
progress either on the SITE or at the CONTRACTOR's
premises/workshops wherever situated, premises/
workshops of any person, firm or corporation where WORK
in connection with the CONTRACT may be in hand or
where materials are being or are to be supplied, and the
CONTRACTOR shall afford or procure for the
ENGINEER-IN- CHARGE every facility and assistance to
carry out such inspection. The CONTRACTOR shall, at all
time during the usual working hours and at all other time at

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which reasonable notice of the intention of the

ENGINEER-IN- CHARGE or his representative to visit the
WORK shall have been given to the CONTRACTOR, either
himself be present or receive orders and instructions, or
have a responsible agent duly accredited in writing, present
for the purpose. Orders given to the CONTRACTOR's
agent shall be considered to have the same force as if they
had been given to the CONTRACTOR himself. The
CONTRACTOR shall give not less than seven days notice
in writing to the ENGINEER-IN-CHARGE before covering
up or otherwise placing beyond reach of inspection and
measurement of any work in order that the same may be
inspected and measured. In the event of breach of above
the same shall be uncovered at CONTRACTOR's expense
for carrying out such measurement or inspection.

73.2 No material shall be despatched from the CONTRACTOR's

stores before obtaining the approval in writing of the
Engineer-in-Charge.

The CONTRACTOR is to provide at all time during the

progress of the WORK and the maintenance period, proper
means of access with ladders, gangways etc. and the
necessary attendance to move and adopt as directed for
inspection or measurements of the WORK by the
ENGINEER- IN-CHARGE.

73.3 The CONTRACTOR shall make available to the

ENGINEER-IN- CHARGE free of cost all necessary
instruments and assistance in checking or setting out of
WORK and in the checking of any WORK made by the
CONTRACTOR for the purpose of setting out and taking
measurements of WORK.

74 Tests for quality of work: 74.1 All workmanship shall be of the respective kinds described
in the CONTRACT DOCUMENTS and in accordance with
the instructions of the ENGINEER-IN-CHARGE and shall
be subjected from time to time to such test at
CONTRACTOR's cost as the ENGINEER-IN-CHARGE
may direct at the place of manufacture or fabrication or on
the site or at all or any such places. The CONTRACTOR
shall provide assistance, instruments, labour and materials
as are normally required for examining, measuring and
testing any workmanship as may be selected and required
by the ENGINEER-IN-CHARGE.

74.2 All the tests that will be necessary in connection with the
execution of the WORK as decided by the
ENGINEER- IN-CHARGE shall be carried out at the field
testing laboratory of the EMPLOYER by paying the charges
as decided by the EMPLOYER from time to time. In case of
non- availability of testing facility with the EMPLOYER, the
required test shall be carried out at the cost of
CONTRACTOR at Government or any other testing
laboratory as directed by ENGINEER-IN-CHARGE.

74.3 If any tests are required to be carried out in conjunction with

the WORK or materials or workmanship not supplied by the
CONTRACTOR, such tests shall be carried out by the
CONTRACTOR as per instructions of

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ENGINEER-IN-CHARGE and cost of such tests shall be

reimbursed by the EMPLOYER.

75 Samples for approval: 75.1 The CONTRACTOR shall furnish to the

ENGINEER-IN-CHARGE for approval, when requested or
if required by the specifications, adequate samples of all
materials and finished to be used in the WORK. Such
samples shall be submitted before the WORK is
commenced and in ample time to permit tests and
examinations thereof. All materials furnished and finishes
applied in actual WORK shall be fully equal to the approved
samples.

76 Action and compensation in 76.1 If it shall appear to the ENGINEER-IN-CHARGE that any
case of bad work: work has been executed with unsound, in-perfect or
unskilled workmanship, or with materials of any inferior
description, or that any materials or articles provided by the
CONTRACTOR for the execution of the WORK are
unsound, or of a quality inferior to that contracted for, or
otherwise not in accordance with the CONTRACT, the
CONTRACTOR shall on demand in writing from the
ENGINEER-IN-CHARGE or his authorised representative
specifying the WORK, materials or articles complained of
notwithstanding that the same may have been inadvertently
passed, certified and paid for, forthwith rectify or remove
and reconstruct the WORK so specified and provide other
proper and suitable materials or articles at his own cost and
in the event of failure to do so within the period specified
by the ENGINEER-IN-CHARGE in his demand aforesaid,
the CONTRACTOR shall be liable to pay compensation at
the rate of 1 % (One percent) of the estimated cost of the
whole WORK, for every week limited to a maximum of 10%
(ten percent) of the value of the whole WORK, while his
failure to do so shall continue and in the case of any such
failure the ENGINEER-IN-CHARGE may on expiry of
notice period rectify or remove and re-execute the WORK
or remove and replaced with others, the materials or
articles complained of to as the case may be at the risk and
expense in all respect of the CONTRACTOR. The
decision of the Engineering-in-charge as to any question
arising under this clause shall be final and conclusive.

77 Suspension of works: 77.1 i) Subject to the provisions of sub-para (i) of this clause,
the CONTRACTOR shall, if ordered in writing by the
ENGINEER-IN-CHARGE, or his representative,
temporarily suspend the WORKS or any part thereof for
such written order, proceed with the WORK therein
ordered to be suspended until, he shall have received a
written order Jo proceed therewith. The
CONTRACTOR shall not be entitled to claim
compensation for any loss or damage sustained by him
by reason of temporary suspension of the WORKS
aforesaid. An extension of time for completion,
corresponding with the delay caused by any such
suspension of the WORKS as aforesaid will be granted
to the ONTRACTOR should he apply for the same
provided that the suspension was not consequent to
any default or failure on the part of the CONTRACTOR.

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ii) In case of suspensions of entire WORK, ordered in

writing by ENGINEER-IN-CHARGE, for a period of
more than two months, the CONTRACTOR shall have
the option to terminate the CONTRACT.

78 Employer may do part of 78.1 Upon failure of the CONTRACTOR to comply with any
work: instructions given in accordance with the provisions of this
CONTRACT the EMPLOYER has the alternative right,
instead of assuming charge of entire WORK, to place
additional labour force, tools, equipments and materials on
such parts of the WORK, as the EMPLOYER may
designate or also engage another CONTRACTOR to carry
out the WORK. In such cases, the EMPLOYER shall
deduct from the amount which otherwise might become
due to the CONTRACTOR, the cost of such work and
material with ten percent (10%) added to cover all
departmental charges and should the total amount thereof
exceed the amount due to the CONTRACTOR, the
CONTRACTOR shall pay the difference to the
EMPLOYER.

79 Possession prior to 79.1 The ENGINEER-IN-CHARGE shall have the right fo take
completion: possession of or use any completed or partially completed
WORK or part of the WORK. Such possession or use shall
not be deemed to be an acceptance of any work completed
in accordance with the CONTRACT agreement. If such
prior possession or use by the ENGINEER-IN- CHARGE
delays the progress of WORK, equitable adjustment in the
time of completion will be made and the CONTRACT
agreement shall be deemed to be modified accordingly.

80 Defects Liability Period 80.1 The CONTRACTOR shall guarantee the installationNVORK
(Twelve months period of for a period of 12 months from the date of completion of
liability from the date of issue WORK as certified by the ENGINEER-IN-CHARGE which
of completion certificate): is indicated in the Completion Certificate. Any damage or
defect that may arise or fie undiscovered at the time of
issue of Completion Certificate, connected in any way with
the equipment or materials supplied by him or in the
workmanship, shall be rectified or replaced by the
CONTRACTOR at his own expense as deemed necessary
by the ENGINEER-IN-CHARGE or in default, the
ENGINEER- IN-CHARGE may carry out such works by
other work and deduct actual cost incurred towards labour,
supervision and materials ccinsumables or otherwise plus
100% towards overheads (of which the certificate of
ENGINEER-IN-CHARGE shall be final) from any sums that
may then be or at any time thereafter, become due to the
CONTRACTOR or from his Contract Performance Security,
or the proceeds of sale thereof or a sufficient part on
thereof.

80.2 If the CONTRACTOR feels that any variation in WORK or

in quality of materials or proportions would be beneficial or
necessary to fulfil the guarantees called for, he shall bring
this to the notice of the ENGINEER- IN-CHARGE in writing.

If during the period of liability any portion of the

WORK/equipment, is found defective and is rectified/
replaced, the period of liability for such equipment/ portion

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General Conditions of Contract (4).

of WORK shall be operative from the date such
rectification/ replacement are carted out and Contract
Performance Guarantee shall be furnished separately for
the extended period of liability for that portion of WORK/
equipment only. Notwithstanding the above provisions the
supplier's, guarantees/warantees for the replaced
equipment shall also be passed on to the EMPLOYER.

80.3 LIMITATION OF LIABILITY

Notwithstanding anything contrary contained herein, the

aggregate total liability of CONTRACTOR under the
Agreement or otherwise shall be limited to 100% of
Agreement / Contract Value. However, neither party shall
be liable to the other party for any indirect and
consequential damages, loss of profits or loss of
production.

81 Care of works: 81.0 From the commencement to completion of the WORK, the
CONTRACTOR shall take full responsibility for the care for
all works including all temporary works and in case any
damages, loss or injury shall happen to the WORK or to
any part thereof or to any temporary works from any cause
whatsoever, shall at his own cost repair and make good the
same so that at completion the WORK shall be in good
order and in conformity in every respects with the
requirement of the CONTRACT and the
ENGINEER-IN- CHARGE's instructions.

81.1 DEFECTS PRIOR TO TAKING OVER:

If at any time, before the WORK is taken over, the

ENGINEER-IN-CHARGE shall:

Decide that any works done or materials used by the

CONTRACTOR or by any SUB-CONTRACTOR is
defective or not in accordance with the CONTRACT, or
that the works or any portion thereof are defective, or do
not fulfill the requirements of CONTRACT (all such
matters being hereinafter, called 'Defects' in this
clause), and

As soon as reasonably practicable, gives to the

CONTRACTOR notice in writing of the said decision,
specifying particulars of the defects alleged to exist or to
have occurred, then the CONTRACTOR shall at his
own expenses and with all speed make good the
defects so specified.

In case CONTRACTOR shall fail to do so, the EMPLOYER

may take, at the cost of the CONTRACTOR, such steps as
may in all circumstances, be reasonable to make good
such defects. The expenditure so incurred by the
EMPLOYER will be recovered from the amount due to the
CONTRACTOR. The decision of the
ENGINEER-IN-CHARGE with regard to the amount to be
recovered from the CONTRACTOR will be final and binding
on the CONTRACTOR. As soon as the WORK has been
completed in accordance with the CONTRACT (except in
minor respects that do not affect their use for the purpose

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for which they are intended and except for maintenance

there of provided in clause 80.1 of General Conditions of
Contract) and have passed the tests on completion, the
ENGINEER-IN-CHARGE shall issue a certificate
(hereinafter called Completion Certificate) in which he shall
certify the date on which the WORK have been so
completed and have passed the said tests and the
EMPLOYER shall be deemed to have taken over the
WORK on the date so certified. If the WORK has been
divided into various groups in the CONTRACT, the
EMPLOYER shall be entitled to take over any group or
groups before the other or others and there upon the
ENGINEER-IN-CHARGE shall issue a Completion
Certificate which will, however, be for such group or groups
so taken over only. In such an event if the group /section/
part so taken over is related, to the integrated system of the
work, not withstanding date of grant of Completion
Certificate for group/ section/ part. The period of liability in
respect of such group/ section/ part shall extend 12 (twelve)
months from the date of completion of WORK.

81.2 DEFECTS AFTER TAKING OVER:

In order that the CONTRACTOR could obtain a

COMPLETION CERTIFICATE he shall make good, with all
possible speed, any defect arising from the defective
materials supplied by the CONTRACTOR or workmanship
or any act or omission of the CONTRACT or that may have
been noticed or developed, after the works or groups of the
works has been taken over, the period allowed for carrying
out such WORK will be normally one month. If any defect
be not remedied within a reasonable time, the EMPLOYER
may proceed to do the WORK at CONTRACTOR's risk and
expense and deduct from the final bill such amount as may
be decided by the EMPLOYER.

If by reason of any default on the part of the

CONTRACTOR a COMPLETION CERTIFICATE has not
been issued in respect of any portion of the WORK within
one month after the date fixed by the CONTRACT for the
completion of the WORK, the EMPLOYER shall be at
liberty to use the WORK or any portion thereof in respect of
which a completion certificate has not been issued,
provided that the WORK or the portion thereof so used as
aforesaid shall be afforded reasonable opportunity for
completing these works for the issue of Completion
Certificate.

82 Guarantee/transfer of 82.1 For works like water-proofing, acid and alkali resisting
guarantee: materials, pre-construction soil treatment against termite or
any other specialized works etc. the CONTRACTOR shall
invariably engage SUB-CONTRACTORS who are
specialists in the field and firms of repute and such a
SUB-CONTRACTOR shall furnish guarantees for their
workmanship to the EMPLOYER, through the
CONTRACTOR. In case such a SUB-CONTRACTOR/
firm is not prepared to furnish a guarantee to the
EMPLOYER, the CONTRACTOR shall give that guarantee
to the EMPLOYER directly.

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83 Training of employers 83.1 The CONTRACTOR undertakes to provide training to

personnel: Engineering personnel selected and sent by the
EMPLOYER at the works of the CONTRACTOR without
any cost to the EMPLOYER. The period and the nature of
training for the individual personnel shall be agreed upon
mutually between the CONTRACTOR and the
EMPLOYER. These engineering personnel shall be given
special training at the shops, where the equipment will be
manufactured and/ or in their collaborators works and
where possible, in any other plant where equipment
manufactured by the CONTRACTOR or his collaborators is
under installation or test to enable those personnel to
become familiar with the equipment being furnished by the
CONTRACTOR. EMPLOYER shall bear only the to and
fro fare of the said engineering personnel.

84 Replacement of defective 84.1 If during the progress of the WORK, EMPLOYER shall
parts and materials: decide and inform in writing to the CONTRACTOR, that the
CONTRACTOR has manufactured any plant or part of the
plant unsound or imperfect or has furnished plant inferior to
the quality specified, the CONTRACTOR on receiving
details of such defects or deficiencies shall at his own
expenses within 7 (seven) days of his receiving the notice,
or otherwise within such time as may be reasonably
necessary for making it good, proceed to alter, re-construct
or remove such work and furnish fresh equipments upto the
standards of the specifications. In case the
CONTRACTOR fails to do so, EMPLOYER may on giving
the CONTRACTOR 7 (seven) day's notice in writing of his
intentions to do so, proceed to remove the portion of the
WORK so complained of and at the cost of
CONTRACTOR's, perform all such works or furnish all
such equipments provided that nothing in the clause shall
be deemed to deprive the EMPLOYER of or affect any
rights under the CONTRACT, the EMPLOYER may
otherwise have in respect of such defects and deficiencies.

84.2 The CONTRACTOR's full and extreme liability under this

clause shall be satisfied by the payments to the
EMPLOYER of the extra cost, of such replacements
procured including erection/installation as provided for in
the CONTRACT; such extra cost being the ascertained
difference between the price paid by the EMPLOYER for
such replacements and the CONTRACT price portion for
such defective plants and repayments of any sum paid by
the EMPLOYER to the CONTRACTOR in respect of such
defective plant. Should the EMPLOYER not so replace the
defective plant the CONTRACTOR's extreme liability under
this clause shall be limited to the repayment of all such
sums paid by the EMPLOYER under the CONTRACT for
such defective plant.

85 Indemnity 85.1 If any action is brought before a Court, Tribunal or any

other Authority against the Employer or an officer or agent
of the EMPLOYER, for the failure, omission or neglect on
the part of the CONTRACTOR to perform any acts,
matters, covenants or things under the CONTRACT, or
damage or injury caused by the alleged omission or
negligence on the part of the CONTRACTOR, his agents,
representatives or his SUB- CONTRACTOR's, or in

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connection with any claim based on lawful demands of

SUB-CONTRACTOR'S workmen suppliers or employees,
the CONTRACTOR, shall in such cases indemnify and
keep the EMPLOYER • and/or their representatives
harmless from all losses, damages, expenses or decrees
arising out of such action.

86 Construction aids, 86.1 CONTRACTOR shall be solely responsible for making

equipments, tools & tackles: available for executing the WORK, all requisite
CONSTRUCTION EQUIPMENTS, Special Aids, Barges,
Cranes and the like, all Tools, Tackles and Testing
Equipment and Appliances, including imports of such
equipment etc. as required. In case of import of the same
the rates applicable for levying of Custom Duty on such
Equipment, Tools, & Tackles and the duty drawback
applicable thereon shall be ascertained by the
CONTRACTOR from the concerned authorities of
Government of India. It shall be clearly understood that
EMPLOYER shall not in any way be responsible for
arranging to obtain Custom Clearance and/or payment of
any duties and/or duty draw backs etc. for such equipments
so imported by the CONTRACTOR and the
CONTRACTOR shall be fully responsible for all taxes,
duties and documentation with regard to the same.
Tenderer in his own interest may contact, for any
clarifications in the matter, concerned
agencies/Dept./Ministries of Govt. of India. All clarifications
so obtained and interpretations thereof shall be solely the
responsibility of the CONTRACTOR.

SECTION-VI CERTIFICATES AND PAYMENTS

87 Schedule of rates and 87.1 i) CONTRACTOR'S REMUNERATION:

payments:
The price to be paid by the EMPLOYER to
CONTRACTOR for the whole of the WORK to be
done and for the performance of all the obligations
undertaken by the CONTRACTOR under the
CONTRACT. DOCUMENTS shall be ascertained by
the application of the respective Schedule of Rates
(the inclusive nature of which is more particularly
defined by way of application but not of limitation, with
the succeeding sub-clause of this clause) and
payment to be made accordingly for the WORK
actually executed and approved by the ENGINEER-
IN-CHARGE. The sum so ascertained shall
(excepting only as and to the extent expressly
provided herein) constitute the sole and inclusive
remuneration of the CONTRACTOR under the
CONTRACT and, no further or other payment
whatsoever shall be or become due or payable to the
CONTRACTOR under the CONTRACT.

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ii) SCHEDULE OF RATES TO BE INCLUSIVE:

The prices/rates quoted by the CONTRACTOR shall

remain firm till the issue of FINAL CERTIFICATE and
shall not be subject to escalation. Schedule of Rates
shall be deemed to include and cover all costs,
expenses and liabilities of every description and all
risks of every kind to be taken in executing,
completing and handing over the WORK to the
EMPLOYER by the CONTRACTOR. The
CONTRACTOR shall be deemed to have known the
nature, scope, magnitude and the extent of the
WORK and materials required though the
CONTRACT DOCUMENT may not fully and precisely
furnish them. Tenderer's shall make such provision in
the Schedule of Rates as he may consider necessary
to cover the cost of such items of WORK and
materials as may be reasonable and necessary to
complete the WORK. The opinion of the
ENGINEER-IN-CHARGE as to the items of WORK
which are necessary and reasonable for
COMPLETION OF WORK shall be final and binding
on the CONTRACTOR, although the same may not
be shown on or described specifically in CONTRACT
DOCUMENTS.

Generality of this present provision shall not be

deemed to cut down or limit in any way because in
certain cases it may and in other cases it may not be
expressly stated that the CONTRACTOR shall do or
perform a work or supply articles or perform services •
at his own cost or without addition of payment or
without extra charge or words to the same effect or
that it may be stated or not stated that the same are
included in and covered by the Schedule of Rates.

iii) SCHEDULE OF RATES TO COVER

CONSTRUCTION EQUIPMENTS, MATERIALS
LABOUR ETC.:

Without in any way limiting the provisions of the

preceding sub-clause the Schedule of Rates shall be
deemed to include and cover the cost of all
construction equipment, temporary WORK (except as
provided for herein), pumps, materials, labour,
insurance, fuel, consumables, stores and appliances
to be supplied by the CONTRACTOR and all other
matters in connection with each item in the Schedule
of Rates and the execution of the WORK or any
portion thereof finished, complete in every respect and
maintained as shown or described in the CONTRACT
DOCUMENTS or as may be ordered in writing during
the continuance of the CONTRACT.

iv) SCHEDULE OF RATES TO COVER ROYALTIES

RENTS AND CLAIMS:

The Schedule of Rates (i.e., VALUE OF CONTRACT)

shall be deemed to include and cover the cost of all
royalties and fees for the articles and processes,

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protected by letters, patent or otherwise incorporated

in or used in connection with the WORK, also all
royalties, rents and other payments in connection with
obtaining materials of whatsoever kind for the WORK
and shall include an indemnity to the EMPLOYER
which the CONTRACTOR hereby gives against all
actions, proceedings, claims, damages, costs and
expenses arising from the incorporation in or use on
the WORK of any such articles, processes or
materials, octroi or other municipal or local Board
Charges, if levied on materials, equipment or
machineries to be brought to site for use on WORK
shall be borne by the CONTRACTOR.

v) SCHEDULE OF RATES TO COVER TAXES AND

DUTIES:

No exemption or reduction of Customs Duties, Excise

Duties, Sales Tax, Sales Tax on works Contract quay
or any port dues, transport charges, stamp duties or
Central or State Government or local Body or
Municipal Taxes or duties, taxes or charges (from or
of any other body), whatsoever, will be granted or
obtained, all of which expenses shall be deemed to be
included in and covered by the Schedule or Rates.
The CONTRACTOR shall also obtain and pay for all
permits or other privileges necessary to complete the
WORK.

SCHEDULE OF RATES TO COVER RISKS OF

DELAY:

The Schedule of Rates shall be deemed to include

and cover the risk of all possibilities of delay and
interference with the CONTRACTOR's conduct of
WORK which occur from any causes including orders
of the EMPLOYER in the exercise of his power and
on account of extension of time granted due to
various reasons and for all other possible or probable
causes of delay.

vii) SCHEDULE OF RATES CANNOT BE ALTERED:

For WORK under unit rate basis, no alteration will be

allowed in the Schedule of Rates by reason of works
or any part of them being modified, altered, extended,
diminished or committed. The Schedule of Rates are
fully inclusive of rates which have been fixed by the
CONTRACTOR and agreed to by the EMPLOYER
and cannot be altered.

For lumpsum CONTRACTS, the payment will be

made according to the WORK actually carried out, for
which purpose an item wise, or work wise Schedule of
Rates shall be furnished, suitable for evaluating the
value of WORK done and preparing running account
bill.
Payment for any additional work which is not covered
in the Schedule of Rates, shall only be released on
issuance of change order.

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88 Procedure for measurement 88.1 BILLING PROCEDURE:

and billing of work in
progress: Following procedures shall be adopted for billing of works
executed by the CONTRACTOR.

88.1.1 All measurements shall be recorded in sextuplicate on

standard measurement sheets supplied by EMPLOYER and
submitted to EMPLOYER/CONSULTANT for scrutiny and
passing.

88.1.2 EMPLOYER/CONSULTANT shall scrutinise and check •the

measurements recorded on the sheets and shall certify
correctness of the same on the measurement sheets.

88.1.3 ENGINEER-IN-CHARGE shall pass the bills after carrying out

the comprehensive checks in accordance with the terms and
conditions of the CONTRACTS, within 7 days of submission of
the bills, complete in all respects and send the same to the
Employer to effect payment to the CONTRACTOR.

88.1.4 GAIL shall make all endeavour to make payments of undisputed

amount of the bills submitted based on the joint
measurements within 15 (Fifteen) days from the date of
certification by the Engineer-in-Charge.

88.1.5 Measurements shall be recorded as per the methods of

measurement spelt out in EMPLOYER/CONSULTANT
SPECIFICATIONS / CONTRACT DOCUMENT.
EMPLOYER/CONSULTANT shall be fully responsible for
checking the measurements quantitatively and qualitatively as
recorded in the Measurement Books/ Bills.

88.1.6 While preparing the final bills overall measurements will not be
taken again. Only volume of work executed since the last
measured bill alongwith summary of final measurements will
be considered for the final bill. However, a detailed check
shall be made as to missing measurements and in case there
are any missing items or measurements the same shall be
recorded.

88.1.7 COMPUTERISED BILLING SYSTEM : GAIL (India) Limited

has introduced Computerised Billing System whereby when
the Bills are submitted in GAIL by a Contractor, a receipt
number is generated. The Contractor can know the status of
the Bill through GAIL's website.

88.2 SECURED ADVANCE ON MATERIAL:

Unless otherwise provided elsewhere in the tender, no

'Secured Advance' on security of materials brought to site for
execution of contracted items(s) shall be paid to the Contractor
whatsoever.

88.3 DISPUTE IN MODE OF MEASUREMENT:

In case of any dispute as to the mode of measurement not

covered by the CONTRACT to be adopted for any item of
WORK, mode of measurement as per latest Indian Standard
Specifications shall be followed.

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88.4 ROUNDING-OFF OF AMOUNTS:

In calculating the amount of each item due to the

CONTRACTOR in every certificate prepared for payment, sum
of less than 50 paise shall be omitted and the total amount on
each certificate shall be rounded off to the nearest rupees, i.e.,
sum of less than 50 paise shall be omitted and sums of 50
paise and more upto one rupee shall be reckoned as one
rupee.

89 Lumpsum in tender: 89.1 The payment against any Lumpsum item shall be made only
on completion of that item as per the provision of the
CONTRACT after certification by ENGINEER-IN-CHARGE.

90 Running account payments 90.1 All running account payments shall be regarded as payment
to be regarded as advance: by way of advance against the final payment only and not as
payments for WORK actually done and completed and shall
not preclude the requiring of bad, unsound and imperfect or
unskilled work to be removed and taken away and
reconstructed or re-erected or be considered as an admission
of the due performance of the CONTRACT, or any part
thereof, in this respect, or of the accurring of any claim by the
CONTRACTOR, nor shall it conclude, determine or affect in
any way the powers of the EMPLOYER under these
conditions or any of them as to the final settlement and
adjustment of the accounts or otherwise, or in any other way
vary or affect the CONTRACT. The final bill shall be submitted
by the CONTRACTOR within one month of the date of
physical completion of the WORK, otherwise, the
ENGINEER-IN-CHARGE's certificate of .the measurement and
of total amount payable for the WORK accordingly shall be
final and binding on all parties

91 Notice of claims for 91.1 Should the CONTRACTOR consider that he is entitled to any
additional payments: extra payment for any extra/additional WORKS or MATERIAL
change in original SPECIFICATIONS carried out by him in
respect of WORK he shall forthwith give notice in writing to the
ENGINEER-IN-CHARGE that he claims extra payment. Such
notice shall be given to the ENGINEER-IN-CHARGE upon
which CONTRACTOR bases such claims and such notice
shall contain full particulars of the nature of such claim with full
details of amount claimed. Irrespective of any provision in the
CONTRACT to the contrary, the CONTRACTOR must
intimate his intention to lodge claim on the EMPLOYER within
10 (ten) days of the commencement of happening of the event
and quantify the claim within 30 (thirty) days, failing which the
CONTRACTOR will lose his right to claim any
compensation/reimbursement/damages etc. or refer the
matter to arbitration. Failure on the part of CONTRACTOR to
put forward any claim without the necessary particulars as
above within the time above specified shall be an absolute
waiver thereof. No omission by EMPLOYER to reject ahy such
claim and no delay in dealing therewith shall be waiver by
EMPLOYER of any of this rights in respect thereof.

91.2 ENGINEER-IN-CHARGE shall review such claims within a

reasonably period of time and cause to discharge these in a
manner considered appropriate after due deliberations
thereon. However, CONTRACTOR shall be obliged to carry

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on with the WORK during the period in which his claims are
under consideration by the EMPLOYER, irrespective of the
outcome of such claims, where additional payments for
WORKS considered extra are justifiable in accordance with
the CONTRACT provisions, EMPLOYER shall arrange to
release the same in the same manner as for normal WORK
payments. Such of the extra works so admitted by
EMPLOYER shall be governed by all the terms, conditions,
stipulations and specifications as are applicable for the
CONTRACT. The rates for extra works shall generally be the
unit rates provided for in the CONTRACT. In the event unit
rates for extra works so executed are not available as per
CONTRACT, payments may either be released on day work
basis for which daily/hourly rates for workmen and hourly
rates for equipment rental shall apply, or on the unit rate for
WORK executed shall be derived by interpolation/
extrapolation of unit rates already existing in the CONTRACT.
In all the matters pertaining to applicability of rate and
admittance of otherwise of an extra work claim of
CONTRACTOR the decision of ENGINEER-IN-CHARGE
shall be final and binding.

92 Payment of contractor's bill: 92.1 No payment shall be made for works estimated to cost less
than Rs.10,000/- till the whole of the work shall have been
completed and a certificate of completion given. But in case of
works estimated to cost more than Rs.10,000/-, that
CONTRACTOR on submitting the bill thereof be entitled to
receive a monthly payment proportionate to the part thereof
approved and passed by the ENGINEER-IN-CHARGE, whose
certificate of such approval and passing of the sum so payable
shall be final and conclusive against the CONTRACTOR. This
payment will be made after making necessary
corrections/deductions as stipulated elsewhere in the
CONTRACT DOCUMENT for materials, Contract
Performance Security, taxes etc.

92.2 Payment due to the CONTRACTOR shall be made by the

EMPLOYER by Account Payee cheque forwarding the same
to registered office or the notified office of the CONTRACTOR.
In no case will EMPLOYER be responsible if the cheque is
mislaid or misappropriated by unauthorised person/persons.
In all cases, the CONTRACTOR shall present his bill duly
pre-receipted on proper revenue stamp payment shall be
made in Indian Currency.

92.3 In general payment of final bill shall be made to

CONTRACTOR within 60 days of the submission of bill on
joint measurements, after completion of all the obligations
under the CONTRACT.

93 Receipt for payment: 93.1 Receipt for payment made on account of work when executed
by a firm, must be signed by a person holding due power of
attorney in this respect on behalf of the CONTRACTOR,
except when the CONTRACTOR's are described in their
tender as a limited company in which case the receipts must
be signed in the name of the company by one of its principal
officers or by some other person having authority to give
effectual receipt for the company.

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94 Completion certificate: 94.1 APPLICATION FOR COMPLETION CERTIFICATE:

When the CONTRACTOR fulfils his obligation under Clause

81.1 he shall be eligible to apply for COMPLETION
CERTIFICATE.

The ENGINEER-IN-CHARGE shall normally issue to the

CONTRACTOR the COMPLETION CERTIFICATE within one
month after receiving any application therefore from the
CONTRACTOR after verifying from the completion documents
and satisfying himself that the WORK has been completed in
accordance with and as set out in the construction and
erection drawings, and the CONTRACT DOCUMENTS.

The CONTRACTOR, after obtaining the COMPLETION

CERTIFICATE, is eligible to present the final bill for the WORK
executed by him under the terms of CONTRACT.

94.2 COMPLETION CERTIFICATE:

Within one month of the completion of the WORK in all

respects, the CONTRACTOR shall be furnished with a
certificate by the ENGINEER-IN-CHARGE of such completion,
but no certificate shall be given nor shall the WORK be
deemed to have been executed until all scaffolding, surplus
materials and rubbish is cleared off the SITE completely nor
until the WORK shall have been measured by the
ENGINEER-IN-CHARGE whose measurement shall be
binding and conclusive. The WORKS will not be considered
as complete and taken over by the EMPLOYER, until all the
temporary works, labour and staff colonies are cleared to the
satisfaction of the ENGINEER-IN-CHARGE.

If the CONTRACTOR fails to comply with the requirements of

this clause on or before the date fixed for the completion of the
WORK, the ENGINEER-IN-CHARGE may at the expense of
the CONTRACTOR remove such scaffolding, surplus
materials and rubbish and dispose off the same as he thinks fit
and clean off such dirt as aforesaid, and the CONTRACTOR
shall forthwith pay the amount of all expenses so incurred and
shall have no claim in respect of any such scaffolding or
surplus materials as aforesaid except for any sum actually
realised by the sale thereof.

94.3 COMPLETION CERTIFICATE DOCUMENTS:

For the purpose of Clause 94.0 the following documents will

be deemed to form the completion documents:

i) The technical documents according to which the WORK

was carried out.

H) Six (6) sets of construction drawings showing therein the

modification and correction made during the course of
execution and signed by the ENGINEER-IN-CHARGE.

Hi) COMPLETION CERTIFICATE for 'embedded' and

'covered' up work.

iv) Certificates of final levels as set out for various works.

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Certificates of tests performed for various WORKS.

Material appropriation, Statement for the materials issued

by the EMPLOYER for the WORK and list of surplus
materials returned to the EMPLOYER's store duly
supported by necessary documents.

95 Final decision and final 95.1 Upon expiry of the period of liability and subject to the
certificate: ENGINEER-IN-CHARGE being satisfied that the WORKS
have been duly maintained by the CONTRACTOR during
monsoon or such period as hereinbefore provided in Clause
80 & 81 and that the CONTRACTOR has in all respect duly
made-up any subsidence and performed all his obligations
under the CONTRACT, the ENGINEER-IN- CHARGE shall
(without prejudice to the rights of the EMPLOYER to retain the
provisions of relevant Clause hereof) otherwise give a
certificate herein referred to as the FINAL CERTIFICATE to
that effect and the CONTRACTOR shall not be considered to
have fulfilled the whole of his obligations under CONTRACT
until FINAL CERTIFICATE shall have been given by the
ENGINEER-IN- CHARGE notwithstanding any previous entry
upon the WORK and taking possession, working or using of
the same or any part thereof by the EMPLOYER.

96 Certificate and payments on 96.1 Except the FINAL CERTIFICATE, no other certificates or
evidence of completion: payments against a certificate or on general account shall be
taken to be an admission by the EMPLOYER of the due
performance of the CONTRACT or any part thereof or of
occupancy or validity of any claim by the CONTRACTOR.

97 Deductions from the contract 97.1 All costs, damages or expenses which EMPLOYER may have
price: paid or incurred, which under the provisions of the
CONTRACT, the CONTRACTOR is liable/will be liable, will be
claimed by the EMPLOYER. All such claims shall be billed by
the EMPLOYER to the CONTRACTOR regularly as and when
they fall due. Such claims shall be paid by the
CONTRACTOR within 15 (fifteen) days of the receipt ,of the
corresponding bills and if not paid by the CONTRACTOR
within the said period, the EMPLOYER may, then, deduct the
amount from any moneys due i.e., Contract Performance
Security or becoming due to the CONTRACTOR under the
CONTRACT or may be recovered by actions of law or
otherwise, if the CONTRACTOR fails to satisfy the
EMPLOYER of such claims.

SECTION-VI! TAXES AND INSURANCE

98 Taxes, Duties, Octroi etc: 98.1 The CONTRACTOR agrees to and does hereby accept full
and exclusive liability for the payment of any and all Taxes,
Duties, including Excise duty, octroi etc. now or hereafter
imposed, increased, modified, all the sales taxes, duties,
octrois etc. now in force and hereafter increased, imposed or
modified, from time to time in respect of WORKS and
materials and all contributions and taxes for unemployment
compensation, insurance and old age pensions or annuities

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now or hereafter imposed by any Central or State

Government authorities which are imposed with respect to or
covered by the wages, salaries, or other compensations paid
to the persons employed by the CONTRACTOR and the
CONTRACTOR shall be responsible for the compliance of
all SUB-CONTRACTORS, with all applicable Central, State,
Municipal and local law and regulation and requirement of
any Central, State or local Government agency or authority.
CONTRACTOR further agrees to defend, indemnify and
hold EMPLOYER harmless from any liability or penalty
which may be imposed by the Central, State or Local
authorities by reason or any violation by CONTRACTOR or
SUB-CONTRACTOR of such laws, suits or proceedings that
may be brought against the EMPLOYER arising under,
growing out of, or by reason of the work provided for by this
CONTRACT, by third parties, or by Central or State
Government authority or any administrative sub-division
thereof.

Tax deductions will be made as per the rules and regulations

in force in accordance with acts prevailing from time to time.

99 Sales tax/Turnover tax: 99.1 Tenderer should quote all inclusive prices including the
liability of Sales Tax/Turnover Tax Whether on the works
contract as a whole or in respect of bought out components
used by the CONTRACTOR in execution of the
CONTRACT. EMPLOYER shall not be responsible for any•
such liability of the CONTRACTOR in respect of this
CONTRACT.

100 Statutory variations 100.1 Tenderer should quote prices inclusive of excise-duty and
sales tax applicable on finished product. Any statutory
variations in Excise Duty and sales tax on finished product
during the contractual completion period, shall be to the
Employees account for which the Contractor will furnish
documentary evidence(s) in support of their claims to GAIL.
However, any increase in the rate of these taxes and
duties (ED. and ST.) beyond the contractual completion
period shall be to Contractor's account and any decrease
shall be passed on to GAIL.

101 Insurance: 101.1 GENERAL

CONTRACTOR shall at his own expense arrange secure

and maintain insurance with reputable insurance companies
to the satisfaction of the'EMPLOYER as follows:

CONTRACTOR at his cost shall arrange, secure and

maintain insurance as may be necessary and to its full value
for all such amounts to protect the WORKS in progress from
time to time and the interest of EMPLOYER against all risks
as detailed herein. The form and the limit of such insurance,
as defined here in together with the under works thereof in
each case should be as acceptable to the EMPLOYER.
However, irrespective of work acceptance the responsibility
to maintain adequate insurance coverage at all times during
the period of CONTRACT shall be that of CONTRACTOR
alone. CONTRACTOR's failure in this regard shall not
relieve him of any of his responsibilities and obligations
under CONTRACT.

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Any loss or damage to the equipment, during ocean

transportation, port/custom clearance, inland and port
handling, inland transportation, storage, erection and
commissioning till such time the WORK is taken over by
EMPLOYER, shall be to the account of CONTRACTOR.
CONTRACTOR shall be responsible for preferring of all
claims and make good for the damage or loss by way of
repairs and/or replacement of the parts of the Work
damaged or lost. CONTRACTOR shall provide the
EMPLOYER with a copy of all insurance policies and
documents taken out by him in pursuance of the
CONTRACT. Such copies of document shall be submitted
to the EMPLOYER immediately upon the CONTRACTOR
having taken such insurance coverage. CONTRACTOR
shall also inform the EMPLOYER at least 60(Sixty) days in
advance regarding the expiry cancellation and/or changes in
any of such documents and ensure revalidation/renewal 'etc.,
as may be necessary well in time.

Statutory clearances, if any, in respect of foreign supply

required for the purpose of replacement of equipment lost in
transit and/or during erection, shall be made available by the
EMPLOYER. CONTRACTOR shall, however, be
responsible for obtaining requisite licences, port clearances
and other formalities relating to such import. The risks that
are to be covered under the insurance shall include, but not
be limited to the loss or damage in handling, transit, theft,
pilferage, riot, civil commotion, weather conditions, accidents
of all kinds, fire, war risk (during ocean transportation only)
etc. The scope of such insurance shall cover the entire
value of supplies of equipments, plants and materials to be
imported from time to time.

All costs on account of insurance liabilities covered under

CONTRACT will be to CONTRACTOR's account and will be
included in VALUE OF CONTRACT. However, the
EMPLOYER may from, time to time, during the currency of
the CONTRACT, ask the CONTRACTOR in writing to limit
the insurance coverage risk and in such a case, the parties
to the CONTRACT will agree for a mutual settlement, for
reduction in VALUE OF CONTRACT to the extent of
reduced premium amounts.

CONTRACTOR as far as possible shall cover insurance with

Indian Insurance Companies, including marine Insurance
during ocean transportation.

i) EMPLOYEES STATE INSURANCE ACT:

The CONTRACTOR agrees to and does hereby accept

full and exclusive liability for the compliance with all
obligations imposed by the Employee State !Insurance
Act .1948 and the CONTRACTOR further agrees to
defend, indemnify and hold EMPLOYER harmless for
any liability or penalty which may be imposed by the
Central, State or Local authority by reason of any
asserted violation by CONTRACTOR or
SUB-CONTRACTOR of the Employees' State
Insurance Act, 1948, and also from all claims, suits or

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proceeding that may be brought against the

EMPLOYER arising under, growing out of or by
reasons of the work provided for by this
CONTRACTOR, by third parties or by Central or State
Government authority or any political sub- division
thereof.

The CONTRACTOR agrees to fill in with the

Employee's State Insurance Corporation, the
Declaration Forms, and all forms which may be required
in respect of the CONTRACTOR's or
SUB- CONTRACTOR's employees, who are employed
in the WORK provided for or those covered by ESI from
time to time under the Agreement. The CONTRACTOR
shall deduct and secure the agreement of the
SUB- CONTRACTOR to deduct the employee's
contribution as per the first schedule of the Employee's
State Insurance Act from wages and affix the
Employees Contribution Card at wages payment
intervals. The CONTRACTOR shall remit and secure
the agreement of SUB-CONTRACTOR to remit to the
State Bank of India, Employee's State Insurance
Corporation Account, the Employee's contribution as
required by the Act. The CONTRACTOR agrees to
maintain all cards and Records as required under the
Act in respect of employees and payments and the
CONTRACTOR shall secure the agreement of the
SUB- CONTRACTOR to maintain such records. Any
expenses incurred for the contributions, making
contributions or maintaining records shall be to the
CONTRACTOR's or SUB-CONTRACTOR's account.

The EMPLOYER shall retain such sum as may be

necessary from the total VALUE OF CONTRACT until
the CONTRACTOR shall furnish satisfactory proof that
all contributions as required by the Employees State
Insurance Act, 1948, have been paid. This will be
pending on the CONTRACTOR when the ESI Act is
extended to the place of work.

V) WORKMEN COMPENSATION AND EMPLOYER'S

LIABILITY INSURANCE:

Insurance shall be effected for all the CONTRACTOR's

employees engaged in the performance of this
CONTRACT. If any of the work is sublet, the
CONTRACTOR shall require the SUB-CONTRACTOR
to provide workman's Compensation and employer's
liability insurance for the later's employees if such
employees are not covered under the CONTRACTOR's
Insurance.

iii) ACCIDENT OR INJURY TO WORKMEN:

The EMPLOYER shall not be liable for or in respect of

any damages or compensation payable at law in
respect or in consequence of any accident or injury to
any workman or other person in the Employment of the
CONTRACTOR or any SUB-CONTRACTOR save and
except an accident or injury resulting from any act or

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default of the EMPLOYER, his agents or servants and

the CONTRACTOR shall indemnify and keep
indemnified the EMPLOYER against all such damages
and compensation (save and except and aforesaid) and
against all claims, demands, propeeding, costs, charges
and expenses, whatsoever in respect or in relation
thereto. '

TRANSIT INSURANCE

In respect of all items to be transported by the

CONTRACTOR to the SITE of WORK, the cost of
transit insurance should be borne by the
CONTRACTOR and the quoted price shall be
inclusive of this cost.

COMPREHENSIVE AUTOMOBILE INSURANCE

This insurance shall be in such a form as to protect

the Contractor against all claims for injuries, disability,
disease and death to members of public including
EMPLOYER's men and damage to the property of
others arising from the use of motor vehicles during
on or off the 'site' operations, irrespective of the
Employership of such vehicles.

COMPREHENSIVE GENERAL LIABILITY

INSURANCE

This insurance shall protect the Contractor against

all claims arising from injuries, disabilities,
disease or death of member of public or damage
to property of others due to any act or omission
on the part of the Contractor, his agents, his
employees, his representatives and Sub-
Contractor's or from riots, strikes and civil
commotion.

Contractor shall take suitable Group Personal

Accident Insurance Cover for taking care of injury,
damage or any other risks in respect of his
Engineers and other Supervisory staff who are not
covered under Employees State Insurance Act.

The policy shall cover third party liability. The third

party (liability shall cover the loss/ disablement of
human life (person not belonging to the Contractor)
and also cover the risk of damage to others
materials/ equipment/ properties during
construction, erection and commissioning at site.
The value of third party liability for compensation for
loss of human life or partial/full disablement shall be
of required statutory value but not less than Rs. 2
lakhs per death, Rs. 1.5 lakhs per full disablement
and Rs. 1 lakh per partial disablement and shall
nevertheless cover such compensation as may be
awarded by Court by Law in India and cover for
damage to others equipment/ property as approved
by the Purchaser. However, third party risk shall be
maximum to Rs. 10(ten) lakhs to death.

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The Contractor shall also arrange suitable insurance

to cover damage, loss, accidents, risks . etc., in
respect of all his plant, equipments and machinery,
erection tools & tackles and all other temporary
attachments brought by him at site to execute the
work.

The Contractor shall take out insurance policy in the

joint name of EMPLOYER and Contractor from one
or more nationalised insurance company from any
branch office at Project site.

Any such insurance requirements as are hereby

established as the minimum policies and coverages
which Contractor must secure and keep in force
must be complied with, Contrator shall at all times
be free to obtain additional or increased coverages
at Contractor's sole expenses.

vii) ANY OTHER INSURANCE REQUIRED UNDER LAW

OR REGULATIONS OR BY EMPLOYER:

CONTRACTOR shall also carry and maintain any and

all other insurance(s) which he may be required under
any law or regulation from time to time without any extra
cost to EMPLOYER. He shall also carry and maintain
any other insurance which may be required by the
EMPLOYER.

102 Damage to Property or to 102.1 i) CONTRACTOR shall be responsible for making good to
any Person or any Third the satisfaction of the EMPLOYER any loss or any
Party damage to structures and properties belonging to the
EMPLOYER or being executed or procured or being
procured by the EMPLOYER or of other agencies within
in the premises of all the work of the EMPLOYER, if
such loss or damage is due to fault and/or the
negligence or willful acts or omission of the
CONTRACTOR, his employees, agents,
representatives or SUB-CONTRACTORs.

fi) The CONTRACTOR shall take sufficient care in moving

his plants, equipments and materials from one place to
another so that they do not cause any damage to any
person or to the property of the EMPLOYER or any
third party including overhead and underground cables
and in the event of any damage resulting to the property
of the EMPLOYER or of a third party during the
movement of the aforesaid plant, equipment or
materials the cost of such damages including eventual
loss of production, operation or services in any plant or
establishment as estimated by the EMPLOYER or
ascertained or demanded by the third party shall be
borne by the CONTRACTOR. Third party liability risk
shall be Rupees One lakh for single accident and
limited to Rupees Ten lakhs.

iii) The CONTRACTOR shall indemnify and keep the

. EMPLOYER harmless of all claims for damages to
property other •than EMPLOYER's property arising

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under or by reason of this agreement, if such claims

result from the fault and/or negligence or willful acts or
omission of the CONTRACTOR, his employees,
agents, representative of SUB-CONTRACTOR.

SECTION-VW LABOUR LAWS

103 Labour laws: 103.1 i) No labour below the age of 18 (eighteen) years shall be
employed on the WORK.

ii) The CONTRACTOR shall not pay less than what is

provided under law to labourers engaged by him on the
WORK.

Hi) The CONTRACTOR shall at his expense comply with

all labour laws and keep the EMPLOYER indemnified
in respect thereof.

iv) The CONTRACTOR shall pay equal wages for men

and women in accordance with applicable labour
laws.

If the CONTRACTOR is covered under the Contract

labour (Regulation and Abolition) Act, he shall obtain
a licence from licensing authority (i.e. office of the
labour commissioner) by payment of necessary
prescribed fee and the deposit, if any, before starting
the WORK under the CONTRACT. Such fee/deposit
shall be borne by the CONTRACTOR.

The CONTRACTOR shall employ labour in sufficient

numbers either directly or through
SUB- CONTRACTOR'S to maintain the required rate of
progress and of quality to ensure workmanship of the
degree specified in the CONTRACT and to the
satisfaction of the ENGINEER-IN-CHARGE.

The CONTRACTOR shall furnish to the

ENGINEER-IN- CHARGE the distribution return of the
number and description, by trades of the work people
employed on the works. The CONTRACTOR shall also
submit on the 4th and 19th of every month to the
ENGINEER-IN-CHARGE a true statement showing in
respect of the second half of the preceding month and
the first half of the current month (1) the accidents that
occurred during the said fortnight showing the
circumstances under which they happened and the
extent of damage and injury caused by them and (2) the
number of female workers who have been allowed
Maternity Benefit as provided in the Maternity Benefit
Act 1961 on Rules made thereunder and the amount
paid to them.

The CONTRACTOR shall comply with the provisions of

the payment of Wage Act 1936, Employee Provident

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Fund Act 1952, Minimum Wages Act 1948. Employers

Liability Act 1938. Workmen's Compensation Act 1923,
Industrial Disputes Act 1947, the Maternity Benefit Act
1961 and Contract Labour Regulation and Abolition Act
1970, Employment of Children Act 1938 or any
modifications thereof or any other law relating thereto
and rules made thereunder from time to time.

The ENGINEER-IN-CHARGE shall on a report having

been made by an Inspecting Officer as defined in
Contract Labour (Regulation and Abolition) Act 1970
have the power to deduct from the money due to the
CONTRACTOR any sum required or estimated to be
required for making good the loss suffered by a worker
or workers by reason of non- fulfillment of the
Conditions of the Contract for the benefit of workers,
non-payment of wages or of deductions made from his
or their wages which are not justified by the terms of the
Contract or non-observance of the said regulations.

The CONTRACTOR shall indemnify the EMPLOYER

against any payments to be made under and for the
observance of the provisions of the aforesaid Acts
without prejudice to his right to obtain indemnity from
his SUB-CONTRACTOR's. In the event of the
CONTRACTOR committing a default or breach of any
of the provisions of the aforesaid Acts as amended from
time to time, of furnishing any information or submitting
or filling and Form/ Register/ Slip under the provisions
of these Acts which is materially incorrect then on the
report of the inspecting Officers, the CONTRACTOR
shall without prejudice to any other liability pay to the
EMPLOYER a sum not exceeding Rs.50.00 as
Liquidated Damages for every default, breach or
fumishing, making, submitting, filling materially incorrect
statement as may • be fixed by the
ENGINEER-IN- CHARGE and in the event of the
CONTRACTOR's default continuing in this respect, the
Liquidated Damages may be enhanced to Rs.50.00 per
day for each day of default subject to a maximum of
one percent of the estimated cost of the WORK put to
tender. The ENGINEER-IN-CHARGE shall deduct
such amount from bills or Contract Performance
Security of the CONTRACTOR and credit the same to
the Welfare Fund constitute under these acts. The
decision of the ENGINEER-IN-CHARGE in this respect
shall be final and binding.

104 Implementation of 104.1 The CONTRACTOR shall comply with the provisions of the
Apprentices Act, 1961: Apprentices Act, 1961 and the Rules and Orders issued
thereunder from time to time. If he fails to do so, his failure
will be a breach of the CONTRACT and the
ENGINEER-IN-CHARGE may, at his discretion, cancel the
CONTRACT. The CONTRACTOR shall also be liable for
any pecuniary liability arising on account of any violation by
him of the provisions, of the Act.

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105 Contractor to indemnify the . 105.1 i) The CONTRACTOR shall indemnify the EMPLOYER
Employer: and every member, office and employee of the
EMPLOYER, also the ENGINEER-IN-CHARGE and his
staff against all actions, proceedings, claims, demands,
costs and expenses whatsoever arising out of or in
connection with the matters referred to in Clause 102.0
and elsewhere and all actions, proceedings, claims,
demands, costs and expenses which may be made
against the EMPLOYER for or in respect of or arising
out of any failure by the CONTRACTOR in the
performance of his obligations under the CONTRACT
DOCUMENT. The EMPLOYER shall not be liable for
or in respect of or arising out of any failure by the
CONTRACTOR in the performance of his obligations
under the CONTRACT DOCUMENT. The EMPLOYER
shall not be liable for or in respect of any demand or
compensation payable by law in respect or in
consequence of any accident or injury to any workmen
or other person. In the employment of the
CONTRACTOR or his SUB-CONTRACTOR the
CONTRACTOR shall indemnify and keep indemnified
the EMPLOYER against all such damages and
compensations and against all claims, damages,
proceedings, costs, charges and expenses whatsoever
in respect thereof or in relation thereto.

ii) PAYMENT OF CLAIMS AND DAMAGES:

Should the EMPLOYER have to pay any money in

respect of such claims or demands as aforesaid the
amount so paid and the costs incurred by the
EMPLOYER shall be charged to and paid by the
CONTRACTOR and the CONTRACTOR shall not be at
liberty to dispute or question the right of the
EMPLOYER to make such payments notwithstanding
the same, may have been made without the consent or
authority or in law or otherwise to the contrary.

Hi) In every case in which by virtue of the provisions of

Section 12, Sub-section (i) of workmen's compensation
Act, 1923 or other applicable provision of Workmen
Compensation Act or any other Act, the EMPLOYER is
obliged to pay compensation to a workman employed
by the CONTRACTOR in execution of the WORK, the
EMPLOYER will recover from the CONTRACTOR the
amount of the compensation so paid, and without
prejudice to the rights of EMPLOYER under Section 12,
Sub- section (2) of the said act, EMPLOYER shall be at
liberty to recover such amount or any part thereof by.
deducting it from the Contract Performance Security or
from any sum due to the CONTRACTOR whether
under this CONTRACT or otherwise. The EMPLOYER
shall not be bound to contest any claim made under
Section 12, Sub-section (i) of the said act, except on the
written request of the CONTRACTOR and upon his
giving to the EMPLOYER full security for all costs for
which the EMPLOYER might become liable in
consequence of contesting such claim.

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106 Health and sanitary 106.1 In respect of all labour directly or indirectly employed in the
arrangements for workers: WORKS for the performance of the CONTRACTOR'S part
of this agreement, the CONTRACTOR shall comply with or
cause to be complied with all the rules and regulations of
the local sanitary and other authorities or as framed by the
EMPLOYER from time to time for the protection of health
and sanitary arrangements for all workers.

106.2 The CONTRACTOR shall provide in the labour colony all

amenities such as electricity, water and other sanitary and
health arrangements. The CONTRACTOR shall also
provide necessary surface transportation to the place of
work and back to the colony for their personnel
accommodated in the labour colony.

SECTION-IX APPLICABLE LAWS AND SETTLEMENT OF DISPUTES

107 Arbitration: 107.1 Unless otherwise specified, the matters where decision of
the Engineer-in-Charge is deemed to be final and binding
as provided in the Agreement and the issues/disputes
which cannot be mutually resolved within a reasonable
time, all disputes shall be referred to arbitration by Sole
Arbitrator.

The Employer [GAIL (India) Ltd.] shall suggest a panel of

three independent and distinguished persons to the
bidder/contractor/supplier/buyer (as the case may be) to
select any one among them to act as the Sole Arbitrator.

In the event of failure of the other parties to select the

Sole Arbitrator within 30 days from the receipt of the
communication suggesting the panel of arbitrators, the
right of selection of the sole arbitrator by the other party
shall stand forfeited and the EMPLOYER (GAIL) shall
have discretion to proceed with the appointment of the
Sole Arbitrator. The decision of Employer on the
appointment of the sole • arbitrator shall be final and
binding on the parties.

The award of 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
proceedings shall be in English language and venue
shall be 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 matter
relating to this contract are subject to the exclusive
jurisdiction of the court situated in the state of Delhi.

Bidders/suppliers/contractors may please note that the

Arbitration & Conciliation Act 1996 was enacted by the

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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.

107.2 FOR THE SETTLEMENT OF DISPUTES BETWEEN

GOVERNMENT DEPARTMENT AND ANOTHER AND
ONE GOVERNMENT DEPARTMENT AND PUBLIC
ENTERPRISE AND ONE PUBLIC ENTERPRISE AND
ANOTHER THE ARBITRATION SHALL BE AS
FOLLOWS:

"In the event of any dispute or difference between the

parties hereto, such dispute or difference shall be
resolved amicably by mutual consultation or through the
good offices of empowered agencies of the Government.
If such resolution is not possible, then, the unresolved
dispute or difference shall be referred to arbitration of an.
arbitrator to be nominated by Secretary, Department of
Legal Affairs ("Law Secretary") in terms of the Office
Memorandum No.55/3/1/75-CF, dated the 19th
December 1975 issued by the Cabinet Secretariat
(Department of Cabinet Affairs), as modified from time to
time. The Arbitration Act 1940 (10 of 1940) shall not be
applicable to the arbitration under this clause. The award
of the Arbitrator shall be binding upon parties to the
dispute. Provided, however, any party aggrieved by such
award may make a further reference for setting aside or
revision of the award to Law Secretary whose decision
shall bind the parties finally and conclusively. •

108 Jurisdiction: 108.1 The CONTRACT shall be governed by and constructed

according to the laws in force in INDIA. The
CONTRACTOR hereby submits to the jurisdiction of the
Courts situated at DELHI for the purposes of disputes,
actions and proceedings arising out of the CONTRACT, the
courts at DELHI only will have the jurisdiction to hear and
decide such disputed, actions and proceedings.

SECTION-X SAFETY CODES

109 General: 109.1 CONTRACTOR shall adhere to safe construction practice

and guard against hazardous, and unsafe working
conditions and shall comply with EMPLOYER's safety rules
as set forth herein. Prior to start of construction,
CONTRACTOR will be furnished copies of EMPLOYER's
"Safety Code" for information and guidance, if it has been
prepared.

110 Safety regulations: 110.1 i) In respect of all labour, directly employed in the
WORK for the performance of CONTRACTOR'S part

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of this agreement, the CONTRACTOR shall at his

own expense arrange for all the safety provisions as
per safety codes of C.P.W.D., Indian Standards
Institution. The Electricity Act, The Mines Act and
such other acts as applicable. fr

fi) The CONTRACTOR shall observe and abide by all

fire and safety regulations of the EMPLOYER. Before
starting construction work CONTRACTOR shall
consult with EMPLOYER's safety Engineers or
ENGINEER- IN-CHARGE and must make good to
the satisfaction of the EMPLOYER any loss or
damage due to fire to any portion of the work done or
to be done under this agreement or to any of the
EMPLOYER's existing property.

111 First aid and industrial 111.1 i) CONTRACTOR shall maintain first aid facilities for its
injuries: employees and those of its SUB-CONTRACTOR.

ii) CONTRACTOR shall make outside arrangements for

ambulance service and for the treatment of industrial
injuries. Names of those providing these services
shall be furnished to EMPLOYER prior to start of
construction and their telephone numbers shall be
prominently posted in CONTRACTOR's field office.

ii) All critical industrial injuries shall be reported promptly

to EMPLOYER, and a copy of CONTRACTOR's
report covering each personal injury requiring the
attention of a physician shall be furnished to the
EMPLOYER.

112 General rules: 112.1 Smoking within the battery area, tank farm or dock limits is
strictly prohibited. Violators of the no smoking rules shall
be discharged immediately.

113 Contractors barricades: 113.1 i) CONTRACTOR shall erect and maintain barricades
required in connection with his operation to guard or
protect:-
Excavations
Hoisting Areas.
Areas adjudged hazardous by CONTRACTOR's or
EMPLOYER's inspectors.
EMPLOYER's existing property subject to damage
by CONTRACTOR's Operations.
Rail Road unloading spots.

CONTRACTOR's employees and those of his

SUB- CONTRACTOR's shall become acquainted with
EMPLOYER's banicading practice and shall respect the
provisions thereof.

Barricades and hazardous areas adjacent to, but not

located in normal routes of travel shall be marked by
red flasher lanterns at nights.

114 Scaffolding: 114.1 i) Suitable scaffolding should be provided for workmen for
all works that cannot safely be done from the ground or
from solid construction except such short period work
as can be done safely from ladders. When a ladder is

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used an extra Mazdoor shall be engaged for holding the

ladder and if the ladder is used for carrying material as
well, suitable footholds and handholds shall be provided
on the ladder and the ladder shall be given an
inclination not steeper than 1 in 4 (1 horizontal and 4
vertical).

Scaffolding or staging more than 4 metres above the

ground or floor, swing suspended from an overhead
support or erected with stationary support shall have a
guard rail properly attached, bolted, braced and
otherwise retarded at least one metre high above the
floor or platform of such scaffolding or staging and
extending along the entire length of the outside and
ends thereof with only such openings as may be
necessary for the delivery of materials. Such
scaffolding or staging shall be so fastened as to prevent
it from swaying from the building or structure.

Working platform, gangway and stairway should be so

constructed that they should not sag unduly or
unequally and if the height of platform of the gangway
or the stairway is more than 4 metres above the ground
level or floor level, they should be closely boarded,
should have adequate width and should be suitably
fastened as in ii) above.

Every opening in the floor of a building or in a working

platform shall be provided with suitable means to
prevent the fall of persons or materials by providing
suitable fencing of railing whose minimum heights shall
be 1 metre.

v) Safe-means of access shall be provided to all working

platforms and other working places, every ladder shall
be securely fixed. No portable single ladder shall be
over 9 metres in length while the width between side
rails in rung ladder shall in no case be less than 30 cms
for ladder upto and including 3 metres in length. For
longer ladder this width should be increased 5mm for
each additional foot of length. Uniform steps spacing
shall not exceed 30 cms. Adequate. precautions shall
be taken to prevent danger from electrical equipment.
No materials on any of the sites or work shall be so
stacked or placed to cause danger or inconvenience to
any person or public. The CONTRACTOR shall also
provide all necessary fencing and lights to protect the
workers and staff from accidents, and shall be bound to
bear the expenses of defense of every suit, action or
other proceeding of law that may be brought by any
person for injury sustained owing to neglect of the
above precautions and pay any damages and costs
which may be awarded in any such suit or action or
proceeding to any such person or which may with the
consent of the CONTRACTOR be paid to compromise
any claim by any such person.

115 Excavation and trenching: 115.1 All trenches 1.2 metres or more in depth, shall at all times
be supplied with at least one ladder for each 50 metres
length or fraction thereof.

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Ladder shall be extended from bottom of the trenches to

atleast 1 metre above the surface of the ground. The sides
of the trenches which are 1.5M in depth shall be stepped
back to give suitable slope or securely held by timber
bracing, so as to avoid the danger of sides to collapse.
The excavated materials shall not be placed within 1.5
metres of the edge of the trench or half of the trench width
whichever is more. Cutting shall be done from top to
bottom. Under no circumstances undermining or
under-cutting shall be done.

116 Demolition/general safety: 116.1 i) Before any demolition work is commenced and also
during the progress of the demolition work

All roads and open areas adjacent to the work site

shall either be closed or suitably protected.

No electric cable or apparatus which is liable to be

a source of danger shall remain electrically
charged.

All practical steps shall be taken to prevent danger

to persons employed from risk of fire or explosion
or flooding. No floor, roof or other part of the
building• shall be so overloaded with debris or
materials as to render it unsafe.

ii) All necessary personal safety equipment as considered

adequate by the ENGINEER-IN-CHARGE, should be
kept available for the use of the persons employed on
the SITE and maintained in condition suitable for
immediate use, and the CONTRACTOR shall take
adequate steps to ensure proper use of equipment by
those concerned.

Workers employed on mixing asphaltic materials,

cement and lime mortars shall be provided with
protective footwear and protective gloves.

Those engaged in white washing and •mixing or

stacking or cement bags or any material which are
injurious to the eyes be provided with protective
goggles.

Those engaged in welding and cutting works shall

be provided with protective face & eye shield, hand
gloves, etc.

Stone breakers shall be provided with protective

goggles and protective clothing and seated at
sufficiently safe intervals.

When workers are employed in sewers and

manholes, which are in use, the CONTRACTOR
shall ensure that the manhole covers are opened
and are ventilated atleast for an hour before the
workers are allowed to get into the manholes, and
the manholes so opened shall be cordoned off with

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suitable railing and provided with warning signals or

board to prevent accident to the public.

f) The CONTRACTOR shall not employ men below

the age of 18 years and women on the work of
painting with products containing lead in any form.
Wherever men above the age of 18 years are
employed on the work of lead painting, the following
precautions should be taken.

No paint containing lead or lead product shall

be used except in the form of paste or
readymade paint.

Suitable face masks should be supplied for use

by the workers when paint is applied in the form
of spray or a surface having lead paint dry
rubbed and scrapped.

Overalls shall be supplied by the

CONTRACTOR to the workmen and adequate
facilities shall be provided to enable the .
working painters to wash them during and on
cessation of work.

Hi) When the work is done near any place where there is
risk of drowning, all necessary safety equipment
should be provided and kept ready for use and all
necessary steps taken for prompt rescue of any
person in danger and adequate provision should be
made for prompt first aid treatment of all injuries likely
to be sustained during the course of the work.

iv) Use of hoisting machines and tackles including their

attachments, anchorage and supports shall conform
to the following standards or conditions:

These shall be of good mechanical construction,

sound materials and adequate strength and free
from patent defect and shall be kept in good
working order.

Every rope used in hoisting or lowering materials

or as means of suspension shall be of durable
quality and adequate strength and free from
patent defects.

Every crane driver or hoisting appliance operator

shall be properly qualified and no person under
the age of 21 years should be in charge of any
hoisting machine including any scaffolding, winch
or give signals to the operator.

In case of every hoisting machine and of every

chain ring hook, shackle, swivel, and pulley block
used in hoisting or lowering or as means of
suspension, the . safe working load shall be
ascertained by adequate means. Every hoisting
machine and all gears referred to. above shall be
plainly marked with the safe working load of the

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conditions under which it is applicable and the

same shall be clearly indicated. No part of any
machine or any gear referred to above in this
paragraph shall be loaded beyond safe working
load except for the purpose of testing.

e) In case of departmental machine, the safe working

load shall be notified by the
ENGINEER-IN-CHARGE. As regards
CONTRACTOR's machines, the CONTRACTOR
shall notify the safe working load of the machine
to the ENGINEER-IN-CHARGE whenever he
brings any machinery to SITE of WORK and get it
verified by the Engineer concerned.

Motors, gears, transmission lines, electric wiring and

other dangerous parts of hoisting appliances should
be provided with efficient safeguards. Hoisting
appliances should be provided with such means as to
reduce to minimum the accidental descent of the
load, adequate precautions should be taken to reduce
the minimum risk of any part or parts of a suspended
load becoming accidentally displaced. When workers
are employed on electrical installations which are
already energised, insulating mats, wearing apparel,
such as gloves, sleeves, - and boots as may be
necessary should be provided. The workers shall not
wear any rings, watches and carry keys or other
materials which are good conductors of electricity.

All scaffolds, ladders and other safety devices

mentioned or described herein shall be maintained in
safe conditions and no scaffolds, ladder or equipment
shall be altered or removed while it is in use.
Adequate washing facilities should be provided at or
near places of work.

These safety provisions should be brought to the

notice of all concerned by displaying on a notice
board at a prominent place at the work-spot. The
person responsible for compliance of the safety code
shall be named therein by the CONTRACTOR.

To ensure effective enforcement of the rules and

regulations relating to safety precaufions, the
arrangements made by the CONTRACTOR shall be
open to inspection by the Welfare Officer,
ENGINEER-IN- CHARGE or safety Engineer of the
Administration or their representatives.

Notwithstanding the above clauses there is nothing in

these to exempt the CONTRACTOR for the
operations of any other Act or rules in force in the
Republic of India. The work throughout including any
temporary works shall be carried out in such a
manner as not to interfere in any way whatsoever with
the traffic on any roads or footpath at the site or in the
vicinity thereto or any existing works whether the
property of the Administration or of a third party. •

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In addition to the above, the CONTRACTOR shall

abide by the safety code provision as per C.P.W.D.
Safety code and Indian Standard Safety Code from
time to time.

117 Care in handling inflammable 117.1 The CONTRACTOR has to ensure all precautionary
gas: measures and exercise utmost care in handling the
inflammable gas cylinder/inflammable liquids/paints etc. as
required under the law and/or, as advised by the fire
Authorities of the EMPLOYER.

118 Temporary combustible 118.1 Temporary combustible structures will not be built near or
structures: around work site.

119 Precautions against fire: 119.1 The CONTRACTOR will have to provide Fire
Extinguishers, Fire Buckets and drums at worksite as
recommended by ENGINEER-IN-CHARGE. They will have
to ensure all precautionary measures and exercise utmost
care in handling the inflammable gas cylinders/
inflammable liquid/ paints etc. as advised by
ENGINEER-IN-CHARGE. Temporary combustible •
structures will not be built near or around the work-site.

120 Explosives: 120.1 Explosives shall not be stored or used on the WORK or on
the SITE by the CONTRACTOR without the permission of
the ENGINEER-IN-CHARGE in writing and then only in the
manner and to the extent to which such permission is
given. When explosives are required for the WORK they
will be stored in a special magazine to be provided at the
cost of the CONTRACTOR in accordance with the
Explosives Rules. The CONTRACTOR shall obtain the
necessary licence for the storage and the use of explosives
and all operations in which or for which explosives are
employed shall be at sole risk and responsibility of the
CONTRACTOR and the CONTRACTOR shall indemnify
the EMPLOYER against any loss or damage resulting
directly or indirectly therefrom.

121 Mines act: 121.1 SAFETY CODE: The CONTRACTOR shall at his own
expense arrange for the safety provisions as required by
the ENGINEER-IN-CHARGE in respect of all labour
directly employed for performance of the WORKS and
shall provide all facilities in connection therewith. In case
the CONTRACTOR fails to make arrangements and
provides necessary facilities as aforesaid, the
ENGINEER-IN- CHARGE shall be entitled to do so and
recover the costs thereof from the CONTRACTOR.

121.2 Failure to comply with Safety Code or the provisions

relating to report on accidents and to grant of maternity
benefits to female workers shall make the CONTRACTOR
liable to pay Company Liquidated Damages an amount not
exceeding Rs.50/- for each default or materially incorrect
statement. The decision of the ENGINEER-IN-CHARGE
in such matters based on reports from the Inspecting
Officer or from representatives of ENGINEER-IN-CHARGE
shall be final and binding and deductions for recovery of
such Liquidated Damages may be made from any amount
payable to the CONTRACTOR from all the provisions of

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the Mines Act, 1952 or any statutory modifications or

re-enactment thereof the time being in force and any Rules
and Regulations made thereunder in respect of all The
persons employed by him under this CONTRACT and
shall indemnify the EMPLOYER from and against any
claim under the Mines Act or the rules and regulations
framed thereunder by or on behalf of any persons
employed by him or otherwise.

122 Preservation of place: 122.1 The CONTRACTOR shall take requisite precautions and
use his best endeavours to prevent any riotous or unlawful
behaviour by or amongst his worker and others employed
or the works and for the preservation of peace and
protection of the inhabitants and security of property in the
neighborhood of the WORK. In the event of the
EMPLOYER requiring the maintenance of a Special Police
Force at or in the vicinity of the site during the tenure of
works, the expenses thereof shall be borne by the
CONTRACTOR and if paid by the EMPLOYER shall be
recoverable from the CONTRACTOR.

123 Outbreak of infectious 123.1 The CONTRACTOR shall remove from his camp such
diseases: labour and their facilities who refuse protective inoculation
and vaccination when called upon to do so by the
ENGINEER-IN-CHARGE's representative. Should
Cholera, Plague or other infectious diseases break out the
CONTRACTOR shall burn the huts, beddings, clothes and
other belongings or used by the infected parties and
promptly erect new huts on healthy sites as required by the
ENGINEER-IN-CHARGE fairing which within the time
specified in the Engineer's requisition, the work may be
done by the EMPLOYER and the cost thereof recovered
from the CONTRACTOR.

124 Use of intoxicants: 124.1 The unauthorised sale of spirits or other intoxicants,
beverages upon the work in any of the buildings,
encampments or tenements owned, occupied by or within
the control of the CONTRACTOR or any of his employee is
forbidden and the CONTRACTOR shall exercise his
influence and authority to the utmost extent to secure strict
compliance with this condition.

In addition to the above, the CONTRACTOR shall abide by

the safety code provision as per C.P.W.D. safety code and
Indian Standard Code framed from time to time.

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PROFORMA OF INDEMNITY BOND FOR SUPPLY OF MATERIALS BY EMPLOYER

(To be executed on non-judicial stamped paper of appropriate value)

WHEREAS GAIL (INDIA) LTD. (hereinafter referred to as GAIL) which expression shall
unless repugnant to the context includes their legal representatives, successors and
assigns having their registered office at 16, Bhikaiji Cama Place; [Link] New Delhi
has entered into a CONTRACT with (hereinafter referred to
as the CONTRACTOR which expression shall unless repugnant to the context include
their legal representatives, successors and assigns) for on the
terms and conditions as set out, inter-alia, in the CONTRACT No
Dated and various documents forming part thereof hereinafter collectively
referred to as the "CONTRACT" which expression shall include all amendments,
modifications and/or variations thereto.

AND WHEREAS

GAIL has agreed to supply to the CONTRACTOR, equipment, plants and

materials (finished, semi-finished and raw)for the purpose of EXECUTION of the
said CONTRACT by the CONTRACTOR (the equipment, plants and materials to
be supplied by GAIL to the CONTRACTOR, hereinafter for the sake of brevity
referred to as the "said materials") and pending execution by the CONTRACTOR
of the CONTRACT incorporating the said materials, the said materials shall be
under the custody and charge of the CONTRACTOR and shall be kept, stored,
altered, worked upon and/or fabricated at the sole risk and expense of the
CONTRACTOR.

As a pre-condition to the supply of the said materials by GAIL to the

CONTRACTOR, GAIL has required the CONTRACTOR to furnish to GAIL an
Indemnity Bond in the manner and upon terms and conditions hereinafter
indicated.

NOW, THEREFORE, in consideration of the premises aforesaid the

CONTRACTOR hereby irrevocably and unconditionally undertakes to indemnify
and keep indemnified GAIL from and against all loss, damage and destruction
(inclusive but not limited to any or all loss or damage or destruction to or of the
said materials or any item or part thereof by theft, pilferage, fire, flood, storm,
tempest, lightning, explosion, storage, chemical or physical action or reaction,
binding, warping, exposure, rusting, faulty workmanship, faulty fabrication, or
faulty method or technique of fabrication, strike, riot, civil commotion, or other act
or omission or commission whatsoever within or beyond the control of the
CONTRACTOR, misuse and misappropriation (inclusive but not limited to the
misuse or misappropriation by the CONTRACTOR and the Contractor's servants
and/or agents) whatsoever to, or of in the said materials or any part of them
thereof from the date that the same or relative part of item thereof was supplied to
the CONTRACTOR upto and until the date of return to GAIL of the said materials
or relative part of item thereof or completed fabricated works(s) incorporating the
said material and undertake to pay to GAIL forthwith on demand in writing without
protest or demur the value as specified by GAIL of the said material or item or part

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thereof, lost, damaged, destroyed, misused and/or misappropriated, as the case

may be or, together with GAIL'S costs and expenses (inclusive of but not limited
to handling, transportation, cartage, insurance, freight, packing and inspection
costs/or expenses upto) and aggregate limit of
Rs.
(Rupees

Only).

AND THE CONTRACTOR hereby agrees with GAIL that:

This Indemnity/Undertaking shall be a continuing Indemnity/ Undertaking

and shall remain valid and irrevocable for all claims of GAIL arising
hereunder upto and until the midnight of . However, if
the CONTRACT for which this Indemnity/Undertaking is given is not
completed by this date, the CONTRACTOR hereby agrees to extend the
Indemnity/Undertaking till such time as is required to fulfil the CONTRACT.

This Indemnity/Undertaking shall not be determined by any change in

constitution or upon insolvency of the CONTRACTOR but shall be in all
respects and for all purposes be binding and operative until payment of all
moneys payable to GAIL in terms of hereof

The mere statement of allegation made by or on behalf of GAIL in any

notice or demand or other writing addressed to the CONTRACTOR as to
any of the said material or item or part thereof having been lost , damaged,
destroyed, misused or misappropriated while in the custody of the
CONTRACTOR and/or prior to completion of the completed fabricated
work(s) and delivery to job site thereof incorporating the said materials
shall be conclusive of the factum of the said material or item or part thereof
having been supplied to the CONTRACTOR and/or the loss, damage,
destruction, misuse or misappropriation thereof, as the case may be, while
in the custody of the CONTRACTOR and/or prior to the completion of the
completed fabricated work(s) and delivery to job site thereof incorporating
the said materials without necessity on the part of GAIL to produce any
documentary proof or other evidence whatsoever in support of this.

The amount stated in any notice of demand addressed by GAIL to the

CONTRACTOR as to the value of such said materials lost, damaged,
destroyed, misused or misappropriated, inclusive relative to the costs and
expenses incurred by GAIL in connection therewith shall be conclusive of
the value of such said materials and the said cost and expenses as also of
the amount liable to be paid to GAIL to produce any voucher, bill or other
documentation or evidence whatsoever in support thereof and such
amount shall be paid without any demur and on demand and no dispute
shall be raised concerning the same.

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The undersigned has full power to execute this Indemnity Bond on behalf of the
CONTRACTOR under the Power of Attorney dated

(SIGNED BY COMPETENT AUTHORITY)

Place:

Dated:

Official seal of the CONTRACTOR

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PROFORMA FOR CONTRACT AGREEMENT

LOA No. GAIL / Dated

Contract Agreement for the work of of GAIL (INDIA) Ltd. made on

between (Name and Address) , hereinafter called the "CONTRACTOR"
(which term shall unless excluded by or repugnant to the subject or context include
its successors and permitted assignees) of the one part and GAIL (INDIA) LIMITED
hereinafter called the "EMPLOYER" (which term shall, unless excluded by or
.repugnant to the subject or context include its successors and assignees) of the
other part.

WHEREAS
The EMPLOYER being desirous of having provided and executed certain work
mentioned, enumerated or referred to in the Tender Documents including Letter
Inviting Tender, General Tender Notice, General Conditions of Contract, Special
Conditions of Contract, Specifications, Drawings, Plans, Time Schedule of
completion of jobs, Schedule of Rates, Agreed Variations, other documents has
called for Tender.

The CONTRACTOR has inspected the SITE and surroundings of WORK

specified in the Tender Documents and has satisfied himself by careful
examination before submitting his tender as to the nature of the surface, strata,
soil, sub-soil and ground, the form and nature of site and local conditions, the
quantities, nature and magnitude of the work, the availability of labour and
materials necessary for the execution of work, the means of access to SITE, the
supply of power and water thereto and the accommodation he may require and
has made local and independent enquiries and obtained complete information as
to the matters and thing referred to, or implied in the tender documents or having
any connection therewith and has considered the nature and extent of all
probable and possible situations, delays, hindrances or interferences to or with
the execution and completion of the work to be carried out under the
CONTRACT, and has examined and considered all other matters, conditions
and things and probable and possible contingencies, and generally all matters
incidental thereto and ancillary thereof affecting the execution and
completion of the WORK and which might have influenced him in making his
tender.

The Tender Documents including the Notice Letter Inviting Tender, General
Conditions of Contract, Special Conditions of Contract, Schedule of Rates,
General Obligations, SPECIFICATIONS, DRAWINGS, PLANS, Time Schedule
for completion of Jobs, Letter of Acceptance of Tender and any statement of
agreed variations with its enclosures copies of which are hereto annexed form
part of this CONTRACT though separately set out herein and are included in
the expression "CONTRACT" wherever herein used.

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AND WHEREAS

The EMPLOYER accepted the Tender of the CONTRACTOR for the provision and the
execution of the said WORK at the rates stated in the schedule of quantities of the work
and finally approved by EMPLOYER (hereinafter called the "Schedule of Rates") upon
the terms and subject to the conditions of CONTRACT.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND

DECLARED AS FOLLOWS:-

In consideration of the payment to be made to the CONTRACTOR for the WORK

to be executed by him, the CONTRACTOR hereby covenants with
EMPLOYER that the CONTRACTOR shall and will duly provide, execute and
complete the said work and shall do and perform all other acts and things in the
CONTRACT mentioned or described or which are to be implied there from or
may be reasonably necessary for the completion of the said WORK and at the
said times and in the manner and subject to the terms and conditions or
stipulations mentioned in the contract.

In consideration of the due provision execution and completion of the said

WORK, EMPLOYER does hereby agree with the CONTRACTOR that the
EMPLOYER will pay to the CONTRACTOR the respective amounts for the
WORK actually done by him and approved by the EMPLOYER at the Schedule
of Rates and such other sum payable to the CONTRACTOR under provision of
CONTRACT, such payment to be made at such time in such manner as
provided for in the CONTRACT.
AND

In consideration of the due provision, execution and completion of the

said WORK the CONTRACTOR does hereby agree to pay such sums as may
be due to the EMPLOYER for the services rendered by the EMPLOYER to
the CONTRACTOR, such as power supply, water supply and others as set
for in the said CONTRACT and such other sums as may become payable to
the EMPLOYER towards the controlled items of consumable materials or
towards loss, damage to the EMPLOYER'S equipment, materials construction
plant and machinery, such payments to be made at such time and in such
manner as is provided in the CONTRACT.

It is specifically and distinctly understood and agreed between the EMPLOYER

and the CONTRACTOR that the CONTRACTOR shall have no right, title or
interest in the SITE made available by the EMPLOYER for execution of the
works or in the building, structures or work executed on the said SITE by the
CONTRACTOR or in the goods, articles, materials etc., brought on the said
SITE (unless the same specifically belongs to the CONTRACTOR) and the
CONTRACTOR shall not have or deemed to have any lien whatsoever
charge for unpaid bills will not be entitled to assume or retain possession or
control of the SITE or structures and the EMPLOYER shall have an absolute
and unfettered right to take full possession of SITE and to remove the
CONTRACTOR, their servants, agents and materials belonging to the
CONTRACTOR and lying on the SITE.

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The CONTRACTOR shall be allowed to enter upon the SITE for execution of
the WORK only as a licensee simpliciter and shall not have any claim, right,
title or interest in the SITE or the structures erected thereon and the
EMPLOYER shall be entitled to terminate such license at any time without
assigning any reason.

The materials including sand, gravel, stone, loose, earth, rock etc., dug up or
excavated from the said SITE shall, unless otherwise expressly agreed under this
CONTRACT, exclusively belong to the EMPLOYER and the CONTRACTOR shall
have no right to claim over the same and such excavation and materials should be
disposed off on account of the EMPLOYER according to the instruction in writing
issued from time to time by the ENGINEER-IN-CHARGE.

In Witness whereof the parties have executed these presents in the day and the year
first above written.

Signed and Delivered for and on Signed and Delivered for and
on behalf of EMPLOYER. on behalf of the CONTRACTORs.

GAIL (INDIA) LIMITED (NAME OF THE CONTRACTOR)

Date: Date:
Place: Place:

IN PRESENCE OF TWO WITNESSES

2.

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SECTION-V
SPECIAL CONDITIONS OF
CONTRACT (SCC)

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WORK: Design, Supply, Installation, testing and commissioning of 5 KVA Solar Power System for Non-Critical
Loads at SV06PH, along with Procurement of Standby 0.8-ton Split AC & Solar Powered Submersible Pump set.

1.0 GENERAL
1.1. Special Condition of Contract shall be read in Conjunction with the General Conditions of Contract, specification of work,
Drawing and any other documents forming part of this contract 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 over-ride the provisions of the General Condition of Contract and shall to the extent of such repugnancy, or
variations, prevail.
1.2. Wherever it is mentioned in the specifications that the Contractor shall perform certain work or provide certain facilities, it
is understood that the contractor 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 jobs covered under the "Scope of Work" of the Contract are to be
completed in all respect at the earliest, without compromising on quality.
1.3. Site visit for actual assessment of the job to be executed.
1.4. The work site will be at SV06 PH JHBDPL P/L GAIL (India) Ltd., Shahpur, Chaubepur, Varanasi- Gorakhpur Highway,
Varanasi, UP, 221104, INDIA.
1.5. It is understood that before quoting the rates, the contractor has visited the work site and has acquainted himself fully with
the nature and quantum of work to be done. Ignorance of this, after award of contract will not be considered.
1.6. It is understood that the scope of work shall include, alias, the carrying out of any/ all works and providing any/ all facilities
as required for completing the works as per the terms and conditions of contract documents. The contractor shall be
responsible for completing the entire work in all respects and any of the work necessary to complete the job though
specifically not covered in the scope of work.

2.0 SCOPE OF WORK:

As detailed in Technical Specification

3.0 COMMUNICATION ADDRESS: -

URJA BHAWAN
Near CGS Mother Station
GAIL (India) Limited
Bhagwanpur, Harhua, Ring Road
(Phase-1), Varanasi-221105, UP.

4.0 COMPLETION PERIOD:

4.1. The Completion period shall be Twelve (12) weeks from the date of Award of Contract/FOA/LOA, whichever issued earlier.
Completion time shall be considered as the commissioning date of Solar System, Solar Submersible Pump and 0.8 Ton
Split AC.
4.2. The Contract Period mentioned above is inclusive of material supply and acceptance at site in totality, Installation start
work at site, Commissioning & Testing at site. Inclusive of all the activities necessary to complete the job though specifically
not covered in the scope of work.

5.0 DEFECT LIABILITY PERIOD:

The defect liability period for the contract will be Two (02) years from the date of successful commissioning of the Solar
System, Solar Submersible Pump and 0.8 Ton Split AC, as declared by EIC. Decision of Engineer in Charge will be final
& binding to the vendor. Vendor must ensure the visit for preventive/breakdown maintenance for Two (02) years without
extra charges to GAIL.

6.0 MOBILIZATION ADVANCE:

No mobilization advance shall be paid to the contractor under this contract.

7.0 SECURED ADVANCE ON MATERIAL

No Secured Advance against any material for executing the job at site payable under this contract.
Only well trained & experienced professionals shall be deployed so that they are competent to do the jobs as per SOW and
as per the satisfaction of the Engineer In-charge / Site In charge / Station in Charge.

8.0 PAYMENT TERMS:

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100% Payment shall be released within 15 days of commissioning of the entire Solar System, Solar Submersible Pump and
0.8 Ton Split AC at site, after submission of bills duly certified by EIC and other required documents. In the absence of the
requisite documents, the bill shall be returned to the contractor.
Anjani Portal:
GAIL has implemented "Anjani" E-Measurement Book & E-Billing Portal for ease in submission of measurement book/bill
and reduction in paper transaction.
Accordingly, GAIL will process the bill with measurement book through "Anjani" E-Measurement Book & E-Billing Portal
(link: [Link] Accordingly, contractor/ service provider/ consultant is
requested to forward the ra bill on "Anjani" E-Measurement Book & E-Billing Portal through concerned EIC/CIC/SIC,
whichever is applicable.
Sparsh Portal:
• Payment will be released within 15 working days from the date of submission of bills duly certified by EIC.
• Digitally Signed Copy of invoices to be submitted through SPARSH portal.
• SAP PO no. should be clearly mentioned on invoice.
• GAIL has implemented Vendor Invoice Management (VIM) system titled as #SARATHI# for automation, digitization &
centralization of Account Payable process w.e.f. 01.04.2023.
• After implementation, Supplier/ Contractor/Service Provide/ Consultant is required to upload digital invoices on 'Sparsh'
portal. The system optimizes and simplifies the process of receiving, managing, monitoring and forwarding invoices for
payment process.
• The link of 'Sparsh' portal is as under: [Link]
• The 'Help Manual' hyperlink to access the detailed User Manual, Demo Videos, FAQ#s and other relevant information is
available on 'Sparsh' portal.
• Only digital invoices are to be uploaded on 'Sparsh' portal and all other supporting documents along with copy of invoice
are to be submitted to concerned as defined in Purchase Order (PO)/ Letter of Acceptance (LoA).

9.0 PAYING AUTHORITY:

HOD (VIM # CENTRE), GAIL (INDIA) LTD,
C\O # IBM, A-26, Sector # 62,
NOIDA, U.P - 201309.

10.0 PRICE REDUCTION SCHEDULE:

It shall be applicable as per GCC of contract.

11.0 COMPENSATION FOR EXTENDED STAY:

11.1. No compensation for extended stay is payable to contractor for the execution of the job under the contract.
11.2. In case of work delayed from the estimated time due to any reason cloudy weather, rain, material unavailability or any
unforeseen reason etc. GAIL shall not pay for any kind of compensation.
11.3. GAIL will not provide any accommodation, office, transport, boarding or warehouse to the contractor/Vendor on any
account for any related activities/work.

12.0 CONTRACT VALUE:

12.1. The unit rates quoted should be kept firm and valid for whole period of contract and no escalation shall be permissible for
any reason whatsoever after award of contract.
12.2. The quoted rates by contractor shall include all liabilities such as supervision, wages, overtime, leave, bonus, increment,
retrenchment compensation, insurance and all other statutory payments, including providing of tools and tackles, under
contractor ‘s scope of supply, overheads, profits etc. for which no extra payment whatsoever will be made by GAIL.
12.3. The quoted rates in accordance to schedule of rates and shall be inclusive of all taxes, duties, octroi etc.

13.0 DESPATCH DOCUMENTS SHALL CONSIST OF FOLLOWING:

The dispatch documents shall consist of following:
• Digitally signed GST Invoice
• LR copy (for Consignee)
• Challan
• Packing List
• All Material Test Certificates (as per tender document)
• Guarantee / Warranty Certificates
• Calibration certificates (along with supplied items respectively)

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14.0 COMPLIANCE OF EPF AND ESIC/WCI:

14.1. Bidder must have Employee Provident Fund (EPF) & Employees State Insurance Corporation (ESIC) registration in its
name. In case of "ESIC NOT IMPLEMENTED AREA", an undertaking to be furnished by the bidder with technical bid
that the same shall be governed by "Workmen's Compensation Insurance (WCI)”. The Contractor should produce necessary
valid PF & ESIC code and registration copy duly attested by notary before commencement of work. If not covered under
ESIC Act, the Contractor should take appropriate Workmen compensation Insurance Policy (WCI) and submit a copy of
the same to GAIL before commencement of the work.
14.2. Contractor is required to submit copies of Electronic Challan cum Return (ECR)/ Electronic Challan along with online
uploaded list of workers/members for the proof of remittance of Employee Provident Fund (EPF) and Employee State
Insurance (ESI) contributions with respective authorities for the contract/regular workers engaged by him for this contract
while submitting the Bills. In case, they are not covered under ESIC, the contractor shall arrange to cover all his workmen
under Workmen's compensation insurance (WCI) and shall submit the copy of the same before the start of the job.

15.0 PRADHAN MANTRI SURAKSHA BIMA YOJANA (PMSBY) AND PRADHAN MANTRI JEEVAN JYOTI BIMA
YOJANA (PMJJBY):
Contractor shall ensure that all its personnel deployed under this contract have obtained additional insurance coverage under
the Pradhan Mantri Suraksha Bima Yojana (PMSBY) and Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY) through
the participating banks and submit the proof of such insurance coverage to the satisfaction of GAIL. The cost of the
insurance premium amount for both the above schemes shall be borne by the contractor giving evidence/proof to GAIL in
this respect and Contractor shall suitably consider the same in their bid. Both the schemes are to be regulated continuously
on yearly basis and the same should be renewed on each successive relevant date in subsequent years.

16.0 BUYER CONSIGNEE GST NOS.

GAIL’s GST No. are as under (to be mentioned in respective Supplier’s Invoice strictly as per CONSIGNEE
LOCATION):

State Plant Code GSTIN

Uttar Pradesh 3041 09AAACG1209J1ZU

17.0 DOCUMENTATION / CERTIFICATIONS
17.1. Documentation shall be complete, accurate and fully representative of the supplied Solar System, Solar Submersible Pump
and 0.8 Ton Split AC. All documentation/catalogues etc. shall be furnished in English language. Three sets of all the
documents (Manual) shall be provided.
17.2. After Installation & Commissioning, Contractor shall submit the Operation and Maintenance Manuals of Solar System,
Solar Submersible Pump and 0.8 Ton Split AC.

18.0 SAFETY NORMS

18.1. CONTRACTOR shall ensure GAIL’s Fire & Safety Regulations.
18.2. Provisions of the Factories Act 1948 and the rules framed thereunder in the respective State Factory Rules including all
amendments.
18.3. CONTRACTOR’s workmen must wear all PPE’s required for the job.
18.4. Obligation to follow work permit system
18.5. Do not carry out any work without valid work permit issued by GAIL authorized person.
18.6. Ensure that all workmen involved in the work properly understand and follow the safety procedures.
18.7. Display permit at site for checking by plant officials whenever required.
18.8. Penalties for non-compliance of safety systems and procedures
18.9. To ensure the compliance of safety procedures, penalty /punitive fines (minimum ₹ 5,000/- and its multiples thereafter) may
be imposed as per GAIL’s prevailing guidelines if repeated safety violation is observed.

19.0 RESPONSIBILITY OF CONTRATOR.

19.1. All expenses towards mobilizations at site and demobilization equipment, work forces, materials dismantling the equipment,
clearing the site etc, shall be deemed to be included in the prices quoted and no separate payment on account of such
expenses shall be entertained.
19.2. All entries and exists of materials and equipments should be done with proper gate passes and records at security gate of
said GAIL sites.
19.3. The contractor shall ensure cotton dangri, safety shoes, etc and other Personal Protective equipments to his
workmen/technician deployed for the works.

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20.0 Contractor’s Scope of Supply:

All the materials as per SOR will be in contractor’s scope of supply as detailed in Technical specification of this tender
document.

21.0 Supervision of work:

The contractor shall have one experienced supervisor. He/she should be able to manage site activities while executing the
job at the site and guide his personnel to carry out the work as and when required as per the instructions of the Engineer In
charge.
In order to complete the job within the contract period the vendor shall deploy experienced and competent personnel.

22.0 Transportation / Conveyance:

The contractor shall make his own arrangement for the transportation of his men to the place of work on all the days and
time.

23.0 Right to get services carried out through other agencies:

If the contractor fails to carry out the job as per scope of work mentioned in the tender document then GAIL has right to
accept similar services from other agencies at its discretion.

24.0 Subletting of contract:

No part of this contract nor any share or interest therein shall be in any manner or extent transferred or assigned or sublet,
directly or indirectly to any person/firm or organization whatsoever.

25.0 Gate pass / Identity card:

The contractor shall make / renew at his own cost gate pass/ identity cards if so, required by GAIL for security or any other
reasons. The GAIL may only endorse such passes on recommendation of the contractor.

26.0 Nuisance:
The contractor or his representative shall not at any time cause any nuisance on the site or do anything which may cause
unnecessary disturbances to the owners or tenants or occupants or their properties near the site and to the public generally.

27.0 Insurance & Liabilities:

The contractor agrees to and does hereby accept full and exclusive liability for the compliance with all obligations imposed
and further agrees to defend, indemnify and hold owner harmless for any liability or penalty which may be imposed by the
central, state or local authority also from all claims, suits or proceeding that may be brought against the owner arising under
growing out of the reasons of the work provided for by this contract whether brought by employees of the contract by third
parties or any central government, state government or local authority for the following Act(s) and liability.
27.1. Workmen compensation & employees liability insurance (Since ESIC not applicable at sites).
27.2. Any other insurance required under law or regulations or by owner.
27.3. Accident or injury to workmen
27.4. Transit Insurance.
27.5. Damages to property or to any third party
27.6. The contractor shall take insurance under workmen compensation act for all his workmen to be deployed for the work and
submit a copy of the policy before commencement of work if awarded.

28.0 Statutory compliance under labor & industrial law:

28.1. The contractor (which shall include the contracting firm / company) should be an independent business establishment / firm
having its own P.F registration number and it shall be solely liable to obtain and to abide by all necessary license/ permission
from the concerned authorities as provided under the various labor law legislations including labour license from the
Competent Authority under the Contract Labor (Regulation & Abolition) Act, 1970.
28.2. The contractor shall also be bound to discharge obligations as provided under various statutory enactments including the
Employees Provident Fund & Miscellaneous Act, 1952, ESI Act, 1958. Contract Labour (Regulation & Abolition) Act,
1970, Minimum wages Act, 1940, Payment of Wages Act 1936, Workmen Compensation Act 1923 and other relevant Acts,
Rules and Regulations in forced from time to time.
28.3. The contractor shall be responsible for necessary contributions towards PF etc. or any other statutory payment to
Government Agencies as applicable under the law in respect of the contract and of personnel employed by the Contractor
for rendering services to GAIL and shall deposit other required amounts with the concerned statutory authorities on or
before due dates. Each contractor shall obtain a separate P.F. for the concerned Regional Provident Commissioner and
submit necessary proof of having deposited the employees’ as also the employer’s contributions to the Provident Fund. The
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contractor shall also be responsible for payment of any administration/ Inspection charges thereof, wherever applicable, in
respect of the personnel deployed by him relating to the work of GAIL
28.4. The contractor shall regularly submit all relevant records/ documents in this regard to GAIL representative for verification.
28.5. The contractor shall ensure and will be solely responsible for the payment of wages and other dues latest by 7th of the
following month to the personnel by him. The contractor shall be directly responsible and indemnify the company against
all charges claims, dues etc. arising out of disputes relating to the dues and employment of personnel deployed by him.
28.6. The contractor shall indemnify the company against all losses or damages caused to it on account of acts of the personnel
deployed by the contractor.
28.7. The contractor shall ensure regular and effective supervision of the personnel deployed by him.
28.8. No labor under the age of 18 shall be deployed.
28.9. The contractor shall be responsible for engaging a competent supervisor to supervise and monitor the jobs being performed
by the people to be deployed by the contractor and give suitable directions to the workforce for performance of the jobs so
as to meet the contractual obligations.

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STANDRAD HR CLAUSES

STANDARD CONDITIONS OF SCC: PART-II

Compliances under various Labour Laws

The Contractor has to fully comply with all applicable Labour Laws and Regulations passed, modified and notified from
time to time by the Central, State and Local Government agencies/authorities. Specific attention of the Contractor is drawn
to the following obligations amongst others:

1. The Minimum Wages Act, 1948, Payment of Wages Act, 1936 and Payment of Bonus Act 1965 or The Code
on Wages, 2019 (after it comes into force)

1.1. Minimum Wages:

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

b. Wage period and monthly wages: Wage period shall be monthly and wages for a month shall be
calculated by multiplying daily rate of Minimum Wages by 26. The monthly wages include the wages of
the weekly days of rest as applicable to the office/establishment of GAIL.

c. Deduction in case of any days of absence other than weekly days of rest shall be calculated using the
following formula:

Deduction for absence = days of absence x applicable wage rate

1.2. Payment of Wages:

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

1.3. Payment of Bonus:

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

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

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

2. Leaves/ Leave with wages/ Holiday:

The Contractor shall comply with all the applicable leave Rules including leave with wages in terms of applicable
labour legislations i.e. Factories Act, 1948 / Shops & Establishment Act/ Industrial Establishment (national & festival
holidays, casual & sick leave) Act, 1965.

The Contractor shall extend the leave with wages and maintain the Register of Leave pertaining to the resource
deployed. The payment towards un-availed leave, as per the Factories Act, 1948 / Shops & Establishment Act, shall be
settled with the resource at the time of closure of the contract or separation of resource from the contract by the contractor.
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i. As per the Factories Act, 1948 (if applicable):-Annual Leave with Wages @ 01 day for every 20 days of work
performed by him in the previous calendar year becomes due.
ii. As per the Shops & Establishment Act (if applicable) : Privilege Leave not less than 15 days and Sickness/Casual
Leave not less than 12 days ( this provision may vary from state to state).
iii. As per the Industrial Establishment (national & festival holidays, casual & sick leave) Act, 1965 / Negotiable
Instrument Act 1881 / Shops & Establishment Act (as applicable): (a) three national holidays of one whole day
each on the 26th January, 15th August and 2nd October (b) five other holidays on any of the festivals specified in the
- Schedule appended to this Act. (c) Every worker shall in each calendar year, be allowed by the employer 07 casual
leave and 14 sick leave in such manner and on such conditions as may be prescribed (This provision may vary from
state to state).

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

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

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

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

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

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

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

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

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

In case, the work place is out of the notified coverage area under ESIC i.e. ESIC is not implemented in the area or in
case of excluded employees under ESIC, the Contractor is required to take Employee Compensation / Workmen
Compensation Policy from IRDAI approved Insurance Company taking into consideration the maximum compensation
liability as per provisions of Employees’ Compensation Act, 1923. It must be ensured that the contractor/contracting firm
should extend coverage to the contract workers through Employee Compensation Policy, to meet the Compensation
Liability under Employee’s Compensation Act, 1923 along with Medi-claim Floater Policy with a coverage of Rs 3
lakhs per resource covering his /her spouse and two children.

6. Group Personal Accident Insurance Policy

The Contractor is required to take a Group Personal Accident Insurance Policy with coverage of Rs. 5 Lakhs
(covering death, permanent disability + partial disability) per resource for the entire period of contract covering all
resources deployed under the contract.

7. The Payment of Gratuity Act, 1972

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

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

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

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

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

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

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

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

g) The contractor shall ensure the KYC of contract workers in EPFO portal at all time during the period of contract
and submit a proof of the same to the Engineer-in-charge periodically.

h) The contractor shall ensure that the nomination of contract workers deployed by him under the said contract is
duly updated in the EPFO portal periodically.

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

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

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STANDARD CONDITIONS OF SCC: PART III

Responsibilities of the Contractor

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

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

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

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

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

6) Age: No resource below the age of 18 years shall be deployed by the contractor for the execution of the contract.
However, maximum age of resources deployed under the contract would be 60 years. (In case of Security and Fire
& Safety Services, no resource below the age of 18 years shall be deployed by the contractor for the execution of
the contract. However, in view of nature of business operation and nature of duty, for efficacy & efficiency purpose,
resources will be deployed up to the age of 58 years. However, the age limit can be relaxed for a further period of
two (02) years up to the age of 60 years if the contract worker is competent, efficient and medically fit i.e. physically
fit with good health, good eye sight without any disease. The contractor has to produce Medical Fitness Certificate,
to this effect, against such contract workers if deployed beyond 58 years.)

7) Appointment/Nomination of supervisor:
As a part of the contract, the Contractor is required to appoint/nominate a supervisor (s) who will supervise, control and
give directions to the resource(s) for discharging the contractual obligations. Accordingly, the Contractor has to give in
writing the name and contact details of the supervisor (s) to the EIC. A copy of the same is also to be sent to HR In-charge
and Security In-charge for records.

8) A copy of the Letter of Acceptance (LOA) should be submitted to the Security Department by the Contractor / his
representative or supervisor for facilitating the movement of resource(s) including machine & materials involved in
the contract.

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

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

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

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

13) No resource(s) or representatives of Contractor (including Contractor) be allowed to consume alcoholic drinks or
any narcotics within the premises of GAIL (including Plant, Office and Residential etc.). If found under the
influence of above, the Contractor shall immediately replace that resource(s) with intimation to the EIC.

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

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

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

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

18) Gate/ Entry Pass or Authorization:

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

19) The Contractor shall issue Identity cards in his firm’s name to the resource deployed.

20) Discipline of the resource(s) during discharge of duties must be regulated by the Contractor himself or by his
representative.

21) Police verification

a) The Contractor (including his sub-Contractors/Petty Contractors etc, if allowed) will undertake police
verification in respect of the resource(s) engaged by him in GAIL’s premises. Such verification will have to be
carried out from concerned police station of their permanent place of residence/present place of residence.
b) Further, the Contractor is advised not to deploy any resource having past criminal record in the
establishment/premises of GAIL under this contract awarded to him.
c) In the event of violation of above clauses at (a) and (b), the Contractor will be solely responsible for the same.
d) If any such resource(s) having criminal record is deployed by the Contractor in the premises of GAIL and has
come to the notice of GAIL at any point of time, the Contractor shall immediately replace that resource(s),
failing which that particular resource(s) of the Contractor will not be allowed to enter into the premises of
GAIL.
22) While confirming to any of these conditions, the Contractor must ensure that all applicable Laws of State regarding
labour, their welfare, conduct etc. are complied.
23) The contractor shall ensure the KYC of contract workers in EPFO portal at all time during the period of contract
and submit a proof of the same to the Engineer-in-charge.
24) The contractor shall ensure that the nomination of contract workers deployed by him under the said contract is duly
updated in the EPFO Portal.
Additional Responsibilities of the Contractor:
1) All personnel deployed by the contractor should be on the rolls of the contractor.
2) The personnel to be deputed by the contractor shall observe all security, fire and safety rules of GAIL while at the
site/work. His Work/Services will be supervised by the supervisors of contractor. Contractor has to be strictly
adhering to guidance, instruction whenever required. A copy of the work order should be with the Security
Department for facilitating the movement of men, machine and materials involved in the contract. At no point of
time GAIL official should issue requisition to the Gate for movement of labour.
3) While confirming to any of these conditions, the contractor should ensure that no law of state regarding labour, their
welfare, conduct etc is violated. The contractor shall indemnify GAIL for any action brought against him for
violation, non-compliance of any act, rules & regulation of center / state / local statutory authorities.
4) Contractor shall ensure payment of wages to the personnel employed and meet all statutory obligations of wage
payment.
5) In case of accident, injury and death caused to the contract workers while executing the Work under the contract,
the contractor shall be solely responsible for payment of adequate compensation, insurance money etc. to the next
kith & kin of injured / diseased. Contractor shall indemnify GAIL from such liabilities.
6) The contractor shall not employ or permit to be employed any person suffering from any contagious, loathsome or
infectious disease. The contractor shall get examined the deployed contract workers from a civil govt. doctor.
7) No contract workers or person of contractor (including contractor) be allowed to consume alcoholic drinks or any
narcotics within the plant premises. If found under the influence of above, the owner / GAIL will terminate the
contract immediately and may refer the case to police.
8) The contractor hereby agrees to indemnify owner / GAIL and harmless from all claims, demands, actions, cost and
charges etc. brought by any court, competent authority / statutory authorities against owner/GAIL.

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STANDARD CONDITIONS OF SCC: PART IV

Compliance of Government of India Directives

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

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

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

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

3. Pradhan Mantri Rojgar Protsahan Yojna (PMRPY) / Aatmanirbhar Bharat Rozgar Yojana (ABRY)/
Pradhan Mantri Garib Kalyan Yojana– if applicable

In order to support the Govt. of India’s Initiative on Employment Generation, the Contractor must register for Pradhan
Mantri Rojgar Protsahan Yojna (PMRPY) Scheme / Aatmanirbhar Bharat Rozgar Yojana (ABRY) /Pradhan Mantri Garib
Kalyan Yojana (as applicable). In service contracts, the Contractor shall inform GAIL/Engineer in Charge about the benefit
availed, if any, against the scheme for adjustment against the invoice(s) / bill(s).

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STANDARD CONDITIONS OF SCC: PART V

Records and Registers

1. Maintenance of records and registers

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

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

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

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

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

ii. Application for issuance of FORM –III (Form of Certificate by Principal Employer ) for obtaining
Labour License from Licensing Authority for engaging 20 or more resources.
iii. Copy of FORM - VI (License) before commencement of work if 20 or more resources are engaged.
iv. Copy of Provident Fund Registration Certificate issued by concerned Regional Provident Fund
Commissioner.
v. Copy of ESI Registration Certificate issued by concerned ESIC.
vi. Copies Insurance Policy(ies) as mentioned at Annexure-iv
vii. Copy of Labour Identification Number (i.e. LIN) Registration done in Shram Suvidha Portal of Govt.
of India.
viii. Copy of registration under the Building and Other Construction Workers (RE&CS) Act, 1996 in case he
employs ten or more building workers in any building or other construction work.

b) At the time of submission of monthly bills

i. Copy of Employee Register in FORM – A under The Ease of Compliance to Maintain Registers under
various Labour Laws Rules, 2017 ( to be replaced by FORM – IV (of Code on Wages-2019, after it comes
into force).
ii. Copy of Wage Register in FORM – B under The Ease of Compliance to Maintain Registers under various
Labour Laws Rules, 2017 ( to be replaced by Register of Wages, Overtime, Fine, Deduction for damage
and Loss in FORM – I of Code on Wages-2019, after it comes into force) duly certified by authorized
representative of the Contractor and authorised person in GAIL certifying as “Certified that the amount
shown in the column No. ---- has been paid to the workman concerned in my presence on------(date) at
-------(place)” along with copy of bank statement duly certified by bank and copy of online transaction
statement against each resource with details of name, account number, amount paid & date of payment as
proof of Cashless Transaction / Payment of wages through e-banking/digital mode.
iii. As a part of compliance and proof of depositing Provident Fund, EDLI and ESI contributions the
Contractor shall submit copies of the Separate eChallans / ECR, bank receipts/bank statement in respect
of resources deployed in GAIL in the previous month in this contract. The documents should also contain
details of resources, PF account No., ESI No., contributions of resources and employer etc.
iv. Dully filled in statement as per Annexure- i.
v. Copy of Wage Slips in FORM XIX
vi. Proof of deposit of Cess under The Building and Other Construction Workers’ Welfare Cess Act, 1996, (if
applicable)

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c) At the time of closure of contract

i. Indemnity Bond of Rs. 100/- duly notarized from Notary indemnifying GAIL from all liabilities w.r.t. the
resource engaged by the Contractor regarding payment of wages, Provident Fund/ESI contributions,
Insurance and other statutory payments. Format for Indemnity Bond is enclosed at Annexure- ii.
ii. Copy of the Wage Register in FORM – B ( to be replaced by FORM-I of Code on Wages-2019 after it
comes into force) for the last month.
iii. Copies of Service Certificates issue to resource in FORM VIII
iv. Copy of the ECR related to EPF and ESIC Compliance in respect of Resource.
v. Details as required for issuance of FORM - VII (Notice of Completion of Work)
vi. Copies of FORM-C & FORM –D under the Payment of Bonus Act 1965 as proof of payment towards
Bonus.
vii. Copy of proof towards release of Leave Encashment
viii. Copies of No Dues Certificate from contract workers stating they have received all statutory payments and
social benefits.
ix. Proof towards PF KYC compliance of contract workers
x. Proof of deposit of total Cess under The Building and Other Construction Workers’ Welfare Cess Act,
1996, (if applicable) with final assessment from respective Cess Collector(s).
4. Verifications of bills and documents submitted by the Contractor

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

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Annexure-i
Statement in support of RA Bill for the Month of _____, 20__

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

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

No. of Prevailing
Category Resources Minimum Wages
Male Female
Unskilled
Semi-skilled
Skilled
Highly
skilled
Total

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

SIGNATURE OF CONTRACTOR/AUTHORIZED REPRESENTATIVE

Place:
Date:

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Annexure-ii

INDEMNITY BOND

WHEREAS GAIL(India) Limited (hereinafter referred to as GAIL) which expression shall, unless repugnant to the context
include their legal representatives, successors and assigns, having their Registered Office at 16, Bhikaiji, Cama Place, R.K.
Puram, New Delhi has entered into a CONTRACT with <name of the Contractor> Incorporated (hereinafter referred to as
the (‘CONTRACTOR’) which expression shall unless repugnant to the context include their legal representatives,
successors and assigns, having their Registered Office -------------------------------- for Rs. ------------for <NAME OF THE
CONTRACT> ---- for a period of----------------” and on the terms and conditions as set out, inter-alia in the Letter of
Acceptance No. --------------------------------and various documents forming part thereof hereinafter collectively referred to
as the ‘CONTRACT’ which expression shall include all amendments, modifications and / or variations thereto.
GAIL has also requested the CONTRACTOR to execute an Indemnity Bond in favour of GAIL indemnifying it from all
consequences which may arise out of any Case filed by any Resources/ vendors/ sub- Contractors /partner etc. who may
have been engaged by the CONTRACTOR directly or indirectly with or without consent of GAIL for above works , which
may be pending before any court of Law including Quasi-Judicial Authority , Competent Authority, Labour Court ,
Arbitrator , Tribunal etc. and the Contractor has readily agreed for the same.

NOW, THEREFORE, in consideration of the promises aforesaid; the CONTRACTOR hereby irrevocably and
unconditionally undertakes to indemnify and keep indemnified GAIL from any loss, which may arise out of any such
contract/Case. The CONTRACTOR undertakes to compensate to GAIL forthwith, on demand, without protest the loss
suffered by GAIL together direct / indirect expenses.
AND THE CONTRACTOR hereby agrees with GAIL that:
(i) This Indemnity Bond shall remain valid and irrevocable for all claims of GAIL arising from any such contract/case for
which GAIL has been made party until now or here-in- after.
(ii) This Indemnity Bond shall not be discharged / revoked by any change / modification / amendment / deletion in the
constitution of the firm / Contractor or any conditions thereof including insolvency etc. of the CONTRACTOR but shall be
in all respects and for all purposes binding and operative until any claims for payment are settled by the Contractor.

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

SIGNATURE OF CONTRACTOR/AUTHORIZED REPRESENTATIVE

Place:
Date:

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Annexure- iii

UNDERTAKING

(To be submitted along with un-priced bid)

I/We hereby undertake that I/We have completely understood the statutory & non-statutory components, minimum
resources required to be deployed and the cost involved thereof in deployment of resources as per the tender conditions.

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

Signature of Bidder…………………….
Name of Bidder……………………

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Annexure - iv

Summary of Insurance Policies

Contractor is required to cover all resources deployed by him with the following insurances / schemes:
PREMIUM/ SUM ASSURED/
Sl. No. SCHEME APPLICABILITY REMARKS
CONTRIBUTION BENEFITS
Applicable to all
3.25% of wages by
The Employees’ resources of the Benefits under the
employer
1 State Insurance Contractor (within ESI Employees’ State
0.75% of wages by
Act, 1948 wage limit) working in Insurance Act, 1948.
employees
notified area.
Maximum
Compensation
Provides
Liability under
compensation
Applicable to excluded Premium to be Employee’s
and medical
The Employees’ employees under ESI calculated Compensation Act,
facility to
Compensation and those who are considering wage 1923 along with a
resources.
2 Act, 1923 (in lieu working in non-notified limit under EC Act, Medi-claim Floater
of ESI –mentioned area to extend similar 1923 (i.e. Rs. Policy with a
at Sl. 1) benefits as available 15,000/- p.m. coverage of Rs. 3
under ESI Act, 1948 currently) Lakhs per resource
covering his/her
spouse and two
children
Death,
permanent
Insured value: disablement,
Group personal Applicable to all
Based on the Rs. 5 Lakh to cover temporary total
3 Accident resources of the
coverage expenses associated disability or any
Insurance Contractor
with any accident. other medical
expenses related
to accident.
Accidental death and permanent
disability:
Pradhan Matri
Eligibility – age group (i) Permanent total disability – Rs. 2
4 Suraksha Bima Rs. 20/- per annum
18 to 70 years lakhs.
Yojana (PMSBY)
(ii) Permanent partial disability –
Rs. 1 Lakh.
Pradhan Mantri Eligibility – age group
Risk coverage – Rs. 2 Lakhs- in case
5 Jeevan Jyoti Bima 18 to 50 years. (can Rs. 436/- per annum.
of death due to any reason
Yojana (PMJJB) continue up to 55 years)

**********************************************************************************************

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SCOPE OF WORK (SOW)

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WORK: Design, Supply, Installation, testing and commissioning of 5 KVA Solar Power System for Non-Critical
Loads at SV06PH, along with Procurement of Standby 0.8-ton Split AC & Solar Powered Submersible Pumpset.

1. GENERAL
1.1. An Off-Grid Tied Rooftop Type Solar Photo Voltaic (SPV) Power Plant consists of SPV Arrays, Module Mounting
Structure, Power Conditioning Unit (PCU) consisting of Maximum Power Point Tracker (MPPT), Inverter, and Controls
& Protections, Interconnections, DC and AC cables and switches, ACDB, Grid Interface panel, Weather monitoring
system, Remote Monitoring system, etc. PV Array shall be mounted on a suitable structure made of GI.
1.2. The PV Modules will be placed on the roof of the structure. Off-Grid SPV system shall be with battery backup and
should be designed with necessary features to supply power for 24Hrs Duration. Components and parts used in the SPV
power plants including the PV modules, metallic structures, cables, junction boxes, switches, PCUs etc. should conform
to the BIS or IEC or international specification, wherever such specifications are available and applicable.
1.3. Solar Submersible pump consists of Solar PV Modules, Submersible Pump, Controller, with associated accessories for
use in the existing borewell of 6” Diameter and 200ft Depth. The Pump should be capable of reaching the full depth of
the borewell and shall be powered only by Solar Energy, without Battery Backup. All components should conform to
the BIS or IEC or international specification, wherever such specifications are available and applicable.
1.4. In the SCADA Room, a 0.8 Ton Split AC is installed with the objective of reducing the overall load requirements,
towards the Net-Zero Goals. An add-on/stand-by 0.8Ton Split AC is needed, with complete supply and installation of
the 0.8Ton Split AC unit.
1.5. Geographic Location of the work site:
Latitude: 25.2601oN
Longitude: 83.0516oE
2. SCOPE OF WORK:
2.1. The scope covers Design, Supply, installation, testing and commissioning of SOLAR POWER PLANT 5KWp (OFF-
GRID) ROOF MOUNTED SYSTEM. As detailed in Technical Specifications.
2.2. Being a turnkey project, scope includes inspection of the site, Site survey by the bidder and designing and sizing the
Solar system PV plant of 5 KWp.
2.3. Detailed Survey of the entire site including but not limited to survey of structure, roof, electrical termination point, Cable
laying, equipment placement room etc., submission of single line diagram, Plant layout, Rooftop Structure, Master layout
diagram, Shadow analysis, Glare analysis, foundation details, Heat map, earthing diagram etc.
2.4. Design, Engineering of the solar modules & arrays with associated system comprising of DC & AC cables & Junction
Boxes, inverters with adequate protection and monitoring facilities up to the grid injection / evacuation point.
2.5. Solar PV modules consist of required number Mono PERC Bi-facial N-type Back-Contact PV modules.
2.6. Optimum design, engineering & providing of aesthetically appealing suitable hot dip GI structure for rooftop i/c Civil
foundations for PV arrays & layout etc. as required for mounting the modules as per the site conditions, capable to
withstand the speed of 150 KMPH for wind zone of the location where PV system is to installed/mounted with anti-
corrosion feature so as to have minimum maintenance requirements during operational years of the plant. The Structure
design & civil foundations shall be vetted along with the submission of detailed reports to EIC as required before the
execution of the job.
2.7. Before starting the work, the successful bidder is required to conduct its own detailed topography, Preparing of
Conceptual Drawings, Detailed project report (DPR) and glare analysis and submit a copy of the same.
2.8. Erection/installation, of the solar PV Modules along with associated system including power transmission cable(s) and
its termination(s) at the grid injection point etc. as required.
2.9. Submission & obtaining the approval of Electrical schematic of installation as well as power evacuation scheme for the
approval of statutory authorities as per the local laws at the conceptual level and at commissioning level.
2.10. All associated Electrical works required for injecting the solar power in LT spare feeders as required based on site
conditions for optimal system design.
2.11. Lightning Protection System as per NBC 2016 for whole plant / system and Surge Protection System etc. as required.
2.12. LT Panel / Grid Interface Panel with protections, LT cables, End Termination, Switchgear of required rating,
modification of existing LT Panel (if required), earthing system etc as approved by EIC.
2.13. Supply of all types of AC, DC, Communication, control Cable and laying of cables in RCC in DWC HDPE pipe / in
hard surface in HDPE pipe of suitable size / suitable cable tray etc. as per site conditions.
2.14. Provision of required size GI/HDPE pipes (for crossing internal roads), cable tray, conduit etc. for laying of AC & DC
Cables.

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2.15. Provision for all the cables (Power, control and communication) from PV modules to junction box to be provided in
HDPE/GI Pipe of suitable size.
2.16. Earthing protection system for each solar module, ACDBs, DCDBs, Array Structure, etc. by providing suitable size earth
strips to connect with existing earth pits.
2.17. Sufficient no. of manpower of required categories for project execution, operation and maintenance period.
2.18. Other unforeseen miscellaneous work required for completion of the Project shall be in the vendor’s Scope.
2.19. All the required materials will be in the contractor’s scope of supply as detailed in technical specifications/this document.
2.20. Supply of all equipment: PV modules, batteries with suitable battery stand, inverter, controller, module mounting
structure, solar submersible pump with controller, Air conditioning unit, cabling, accessories shall be under the Vendor’s
scope.
2.21. Installation and wiring of complete system along with cabling in between battery bank placed in battery room,
inverter/SCC placed in electrical room and roof top mounted PV modules as per layout of ANNEXURE-I.
2.22. Testing and commissioning of the system
2.23. Training of end-user personnel in operation and maintenance at site.
2.24. Documentation: As-built drawings, manuals, test certificates.
2.25. Bidders are advised to visit site (SV06 PH JHBDPL P/L GAIL (India) Ltd., Shahpur, Chaubepur, Varanasi- Gorakhpur
Highway, Varanasi, UP) before participating in the biding process.
2.26. For successful commissioning other than mentioned in the Scope of Work, if any additional Services/items required,
shall be in Vendor’s Scope.
2.27. After completion of all tests as per specification the whole work will be subject to a final inspection to ensure that job
has been completed as per requirement. If any defects noticed the work attribute to Vendor, these shall be attended by
the Vendor at his own cost, as and when they are brought to his notice by the GAIL or its authorized representative.
GAIL as well as its authorized representative shall have the right to have these defects rectified at the risk and cost of
the Vendor if he fails to attend to these defects immediately.
2.28. Presently the Submersible pump is operational on GRID power supply, the vendor has to successfully replace the system
with a solar submersible pump, as per the specifications mentioned in the Scope of Work.
2.29. The successful supply, testing and commissioning of the solar submersible pump along with its accessories, shall be in
the vendor’s scope.
2.30. The successful supply, testing and commissioning of the 0.8 Ton Split A/C (Min. ISEER 3.9), along with its accessories,
shall be in the vendor’s scope.
3. GUARENTEE/WARANTY:
3.1. Vendor has to provide preventive/break-down maintenance as and when required for Two (02) years without extra cost
to GAIL.
4. SOLAR PHOTOVOLTAIC MODULES:
4.1. The PV modules used should be Made in India and should provide declaration from OEM (Original Equipment
Manufacturer).
4.2. The PV modules used must qualify to the latest edition of IEC PV module qualification test or equivalent BIS standards
Crystalline Silicon Solar Cell Modules IEC 61646 / IS14286. In addition, the modules must conform to IEC 61730 Part-
1- requirements for construction & Part 2 - requirements for testing, for safety qualification or equivalent IS.
4.3. PV modules to be used in a highly corrosive atmosphere throughout their lifetime of 25 years, they must qualify to IEC
61646 / IEC 61730.
4.4. The total solar PV array capacity should not be less than allocated capacity (kWp) and should comprise of 500 Wp each
and above, Mono PERC Bi-facial N-type Back-Contact Solar Modules.
4.5. Module rated capacity less than minimum 500 Wp shall not be accepted.
4.6. Minimum Efficiency – 20.90%.
4.7. IP 68 Rated Junction Box, Multilayer composite Film, Reinforced anodized Aluminum Frame, IEC certified, IEC 61215,
IEC 61730‐1 & 2, IEC 61701, IEC 62716 etc. as required and as per Technical Specifications.
4.8. Protective devices against surges at the PV module shall be provided. Low voltage drop bypass diodes shall be provided.
4.9. PV modules must be tested and approved by one of the IEC authorized test centers. Certification in this regard needs to
be submitted.
4.10. The module frame shall be made of corrosion resistant materials, preferably reinforced anodized aluminum.
4.11. The bidder shall carefully design & accommodate requisite numbers of the PV modules to achieve the rated power.
4.12. Other general requirement for the PV modules and sub-systems shall be the Following:
• The rated output power of any supplied module shall have only positive tolerance. No negative tolerance shall be
accepted. PID (Potential Induced Degradation) test report is to be provided from BIS/NABL accredited labs.

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• The peak-power point voltage and the peak-power point current of any supplied module and/or any module string (series
connected modules) shall not vary by more than 2 (two) per cent from the respective arithmetic means for all modules
and/or for all module strings, as the case may be.
• The module shall be provided with a junction box with either provision of external screw terminal connection or sealed
type and with arrangement for provision of by-pass diode. The box shall have hinged, weather-proof lid with captive
screws and cable gland entry points or maybe of sealed type and IP-68 rated.
• IV curves at STC (Standard Test Condition) should be provided by bidder
4.13. Modules deployed must use an RF identification tag. The following information must be mentioned in the RFID (Radio
Frequency Identification) used on each module (This can be inside or outside the laminate but must be able to withstand
harsh environmental conditions).
• Name of the manufacturer of the PV module.
• Name of the manufacturer of Solar Cells.
• Month & year of the manufacture (separate for solar cells and modules).
• Country of origin (separately for solar cells and module).
• I-V curve for the module Wattage, Im, Vm and FF for the module.
• Unique Serial No and Model No of the module.
• Date and year of obtaining IEC PV module qualification certificate.
• Name of the test lab issuing IEC certificate.
• Other relevant information on traceability of solar cells and modules as per ISO 9001 and ISO 14001.
4.14. Testing of PV modules:
• PV modules must be tested as per applicable IEC /BIS Standards and approved by one of the NABL test centers.
4.15. IV curves at STC (Standard Test Condition) should be provided by bidder.
4.16. Warranty & Maintenance: As per Manufacturer’s Specifications or Two (02) years, whichever is highest.

5. BATTERY BANK:
5.1. The Battery Bank must be designed for deep discharge cycles, to be used in the designed 5kWp Solar System. Quantity
shall not be smaller than given below, maybe as per design parameters.

Type Lead-Acid Tubular (C10) Solar Battery (SMF, Maintenance Free)

Make Exide/Amaron/Luminous
Rating 8 x 12V, 200Ah

Depth Of Discharge 80% Usable

Configuration 96 V, 200 Ah
Efficiency 95%, or more.
Warranty As per Manufacturer’s Specifications or Two (02) years, whichever is highest.
(80 % Capacity Retention)
Standards & Compliance IS 1651 / IS 13369, etc.

6. ARRAY STRUCTURE:
6.1. New Solar PV Modules must be arranged on the current structure of existing rooftop solar Set-up, refer ANNEXURE-
II for current layout.
6.2. Architectural drawings include working drawing like plan, elevation, section etc. The drawings are to be submitted to
GAIL for approval. Preparation and submission of drawings should match with the overall completion program and
preparation of structural design and drawing.
6.3. Structural design and drawing should be based on windspeed of the area, seismic zone, existing structure and other design
parameters and nothing extra shall be payable on this account.
6.4. It is expected of the contractor to design the new mounting setup around the existing rooftop structures. The structures
shall be extended as necessary to accommodate the solar PV modules on either ends of the least loaded structure, Suitable
fastening arrangements such as grouting and clamping should be provided to secure the installation.
6.5. Each structure should have angle of inclination as per the Design in PV system site conditions to take maximum
insolation.
6.6. The Mounting structure shall be designed to withstand high speed winds upto 150 Kmph where a PV system is proposed
to be installed. against the specific wind speed.
6.7. The mounting structure steel shall be as per latest IS 2062: 1992 and galvanization of the mounting structure shall comply
of latest IS 4759. The structure shall be of min. 80-micron hot dip Galvanized.

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6.8. Structural material shall be corrosion resistant and electrolytically compatible with the materials used in the module
frame, its fasteners, nuts and bolts. Necessary protection towards rusting needs to be provided either by coating or
anodization.

7. JUNCTION BOXES (JBs)

7.1. The junction boxes are to be provided in the PV array for termination of connecting cables.
7.2. The J. Boxes (JBs) shall be made of GRP/FRP/Powder Coated Aluminium /cast aluminium alloy/Fiber with full dust,
water & vermin proof arrangement. All wires/cables must be terminated through cable lugs. The JBs shall be such that
input & output termination can be made through suitable cable glands.
7.3. Copper bus bars/terminal blocks housed in the junction box with suitable termination threads conforming to IP65
standard and IEC 62208 Hinged door with EPDM rubber gasket to prevent water entry, Single compression cable glands,
Provision of earthing.
7.4. The Junction Boxes shall have suitable arrangement monitoring and disconnecting for each of the groups.
7.5. Suitable markings shall be provided on the bus bar for easy identification, color coded for each phase and the cable
ferrules must be fitted at the cable termination points for identification.

8. AC DISTRIBUTION PANEL BOARD:

8.1. AC Distribution Panel Board (DPB) shall control the AC power output from PCU/ 7.5 kVA inverter. Interconnection
from ACDB to Mains.
8.2. All switches and the circuit breakers, connectors should conform to IEC 60947, part I, II and III/ IS60947 part I, II and
III.
8.3. The switches, MCBs and cabling work should be undertaken by the bidder as part of the project.
8.4. The output/input Switchboards (having suitable size of MCBs) shall be metal clad, totally enclosed, rigid, wall mounted,
air insulated, cubical type, compartmentalized, made from 2mm thick CRCA sheet suitable for operation on three phase
415 volts.
8.5. The panels shall be designed for minimum expected ambient temperature of 45 degree Celsius, 80% humidity and dusty
weather.
8.6. All indoor panels will have protection of IP 54 or better. All outdoor panels will have protection of IP65 or better.

9. SOALR CHARGE CONTROLLER:

9.1. Conversion shall be achieved using an electronic 7.5 kVA Inverter, Solar Charge Controller and the associated control
and protection devices. All these components of the system are termed the “Power Conditioning Unit (PCU)”. In
addition, the SCC shall also house MPPT (Maximum Power Point Tracker), with a minimum of 95% Efficiency. If
necessary. 7.5 kVA Inverter output should be compatible with the grid frequency.
9.2. Typical technical details:
Switching devices IGBT/MOSFET
Input Voltage Compatible with PV Array
Battery Voltage 96 V nominal
Maximum Power Point Tracking Yes
Efficiency 95%, or more.
Operating range -25-to-+60-degree Cel. ambient temperature.
Warranty As per Manufacturer’s Specifications or Two (02) years, whichever is
highest.
Compensation for 100% capacity of the 7.5 kVA inverter
Reactive power
Protections:
1) Inbuilt DC switch and fuse for each string,
2) Reverse polarity protection
3) Short circuit protection in DC and AC sides,
4) AC overcurrent protection,
5) Output over-voltage protection,
6) Overcharge
7) Deep discharge
8) Surge.
10. INVERTER:
Type Sine Wave, off-grid solar Inverter

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Capacity 7.5 kVA
Output 230 V AC, 50 Hz
Efficiency >90%
Standards & Compliance IEC 61683, IEC 62109
Warranty As per Manufacturer’s Specifications or Two (02) years, whichever is
highest.
Protections:
1) Overload
2) Short-circuit
3) High/low Voltage.

11. PROTECTIONS:
The system should be provided with all necessary protections like earthing, Lightning, etc as follows:
11.1. LIGHTNING PROTECTION:
The SPV power plant shall be provided with Conventional lightning protection system as per NBC 2016 and over voltage
protection. The main aim in this protection shall be to reduce the over voltage to a tolerable value before it reaches the
PV or other sub system components. The source of over voltage can be lightning, atmosphere disturbances etc. The entire
space occupying the SPV array shall be suitably protected against Lightning by deploying required number of Lightning
Arrestors. Protection against induced high voltages shall be provided by the use of suitable earthing such that induced
transients find an alternate route to earth.
11.2. SURGE PROTECTION:
Internal surge protection shall consist of three MOV type surge-arrestors connected from +ve and -ve terminals to earth
(via Y arrangement).
11.3. EARTHING PROTECTION:
Each array structure of the PV yard should be earthed properly as per IS:3043-1987. The material used for earthing shall be
copper or hot dip galvanized iron. In addition the lightning arresters, Rooftop structure should also be earthed inside the array
field. Earth Resistance shall be tested in presence of the representative of Engineer-In-Charge as and when required after
earthing by calibrated earth tester. PCU, ACDB and Grid Interface panels should also be earthed properly.
It shall be ensured that all the earthing points are bonded together to make them at the same potential.

12. CABLES:

[Link]. Description Parameters

Max. Voltage drop shall be 2% of the system voltage at peak power
1 DC Cable losses
Max. Voltage drop shall be 2% of the AC voltage generated at Inverter output level.
2 AC Cable losses
12.1. DC Cables (TUV certified)
• Should have Multi strand, annealed high conductivity copper conductor. Cables without armour shall be provided with
anti-rodent properties or protection.
• All cables shall be min. 1700 V grade.
• PVC type ‘A’ pressure extruded insulation.
• Overall PVC insulation for UV protection and confirm to IEC 69947.
• All cables shall conform to BIS standards (IS 694) and (IS 1554).
• The size of each type of cable selected shall be based on minimum voltage drop; continuous current and short circuit
withstand capacity.
• Selected cable should carry the designed current after applying de-rating factors.
• All electrical cables / wires of the PV installation to be fixed in accordance with specifications for electrical works. The
unarmored cables to be laid in heavy duty CPVC/UPVC /HDPE pipes of suitable diameter and the same to be fixed
neatly to the structure with SS Clamps.
• Copper conductor cables only shall be used up to the size of 10 [Link].. Above 16 [Link]. size aluminum or copper
conductors can be used.
• The cables shall be suitable for laying on racks, on cable trays, in ducts, trenches, conduits and under (buried) installations
with chances of flooding by water. Proper laying of cables has to be ensured in appropriate cable trays, pipes / trenches
as per site requirement.
• Chemical Features: Weather resistant, resistant to mineral oils, resistant to acids & alkaline
• Thermal Features: Maximum conductor temperature of operation 120° C
• Electrical Features: Voltage rating: 1.5 KV DC, High voltage test: Shall withstand 6.5 KV DC for 5 minutes.

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• Mechanical Features: Resistant to Impact, tear & abrasion, Minimum bending radius – 4 times of overall diameter, Safe
pulling force -70 N/[Link].
12.2. LV 1100 V GRADE XLPE INSULATED CABLES (FR)
• Fire rated Power cables for use on 415 V system shall be of 1100-volt grade, b copper/aluminum conductor, XLPE
insulated, PVC sheathed, armored manufactured and tested as per IS 7098 (Part-1) amended up to date.
• All cables should have identification (marking) in every one-meter interval of length. Bi- metallic plate washers should
be provided wherever cables, lugs, and switch terminals are of different materials. Cables and cable lugs should be of
same material wherever possible.
• The size of these cables shall be as per the design criteria; voltage drop not exceeding 2% after taking into consideration
of all de-rating factors etc and as per the site requirements.
12.3. CONTROL CABLES & COMMUNICATION CABLES
• Control cables for use on 415 V system shall be 1100 volts grade, copper conductor, PVC insulated, PVC sheathed, steel
braided / wire armored cables, strictly as per IS: 1554 (Part I) - 1976 amended up to date.
• All cables should have identification (marking) in every one-meter interval of length. The size of these cables shall be
as per design and site requirements. However, no cable less than 2.5sqmm shall be used.
12.4. CABLE GLANDS
• Cable glands shall be of heavy-duty double compression type of brass, chrome plated for all HT & LT Power Distribution
Cables.
• Cable glands shall have a screwed nipple with conduit electrical thread and check nut as per the requirement and
application.
• Cable glands shall be suitable for armored/unarmored cables, which is being used.
12.5. CABLE CONNECTORS
• Cable connectors, lugs/sockets, shall be copper/aluminum alloy, suitably tinned,
• solder-less, crimping type. These shall be suitable for the cable being connected and type of function (such as power,
control or connection to instruments, etc.)
12.6. CABLE IDENTIFICATION
• For multi core cables PVC ferrule type indicators or tags shall be provided at both the ends for core identification. For
phase identification of 2/3/3.5 core cables colored PVC tapes shall be used at both the ends.
• All cables shall be provided with Al. tags of approved design, spaced not less than 8 meters apart and these shall contain
the information on feeder number, Size and No of Cores etc.
12.7. CABLE LAYING
• LT Power Cables and Control cables shall be laid directly in DWC HDPE Pipe / in Hard Surface in HDPE/GI pipe (B
Class) / masonry ducts/ on surface of wall/Cable Tray etc. Cables shall be laid generally in accordance with the
specification & as approved by Engineer-in-Charge.
• Cable shall be supported with suitable clamps / supports wherever required. Special care shall be taken to ensure that the
cables are not damaged at bends and cable duct during laying.
• Any civil work involved during cable laying i/c making good the surface to the original finish with suitable grade of
bitumen/cement mortar is included in the scope of this work. The contractor shall make his own arrangement for general
& special T&P, ladder etc. at his own cost.
12.8. TESTING CABLES
• LT/Control Cables: All the cables shall be tested before and after laying for continuity and insulation resistance in the
presence of Engineer-in-Charge or his authorized representative and test result shall be submitted. Megger test of cables
need to be done before commissioning in presence of GAIL authorized Personnel.

13. SOLAR SUBMERSIBLE PUMP WITH CONTROLLER:

13.1. The Solar Submersible Pump set shall consist of 1.5 HP/suitable capacity Pump, Controller, PV Modules, etc. as
specified below; powered only by Solar Energy, without Battery Backup. All components should conform to the BIS
or IEC or international specification, wherever such specifications are available and applicable.
Pump Type Submersible pump (AC/DC as per design Requirement)
1. Suitable for operation with Solar Photovoltaic Power Supply
2. Single stage/multi-stage centrifugal type
Pump Capacity 1. Discharge: 5,000-60,000 LPD (Liters per Day) Depending on the
site Requirements.
2. Total Dynamic Head (THD): 30-120 meters (customizable based on
bore depth and demand)

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Pump Material of Construction 1. Pump BodyL Stainless Steel (SS 304/SS 316)
2. Impeller: Stainless Steel/ Bronze/ Noryl
3. Shaft: Stainless Steel
4. Motor: wet Type/ oil filled/ water filled ( as per manufacturer
design)
5. Protection class: IP68
Motor 1. Brushless DC(BLDC)/AC Motor as per design
2. High efficiency, maintenance free
3. Rated for continuous operation with solar power
4. Protection: Overload, dry run, reverse polarity, over/under voltage
Solar Controller(Pump Controller/VFD) 1. MPPT Based controller for optimum utilization of solar energy.
2. Input voltage range: Compatible with Solar PV Array(e.g.
96v/120v/180v/240v DC depending on pump rating)
3. Output: AC or DC as required by pump motor
4. Protection features:
• Over/Under Voltage Protection
• Overload & Short Circuit Protection
• Reverse Polarity
• Dry Run protection (auto cut-off when water not available)
5. Soft start and soft stop features to enhance motor life.
6. To be installed in the interiors of the Guard room, Wall Mounted.
Warranty As per Manufacturer’s Specifications or Two (02) years,
whichever is highest.
Standards & Compliance 1. IEC/IS standards for pump, motor and controller
2. IP 65 Protection for controller enclosure
PV Modules of the Solar Submersible Pump to be placed on the roof
Array Mounting Structure
of Guard Room only, as per ANNEXURE -I

14. AIR CONDITIONER UNIT-

S
Item Description Rating Qty.
No.
1 Supply and installation of 0.8 Ton Split Air Conditioner unit (min. ISEER 3.9) 0.8 Ton 1 No.
2 Cables & Accessories ISI Marked Lot

15. DELIVERABLES:
15.1. Conceptual Drawings
15.2. Topology
15.3. Detailed Project Report
15.4. Complete system design report.
15.5. Test certificates or supplied materials.
15.6. Commissioning report and performance test data.
15.7. O&M manuals.

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SECTION-VII
SCHEDULE OF RATES (SOR)

BOQ (EXCEL SHEET) ATTACHED SEPARATELY

BIDDER IS REQUIRED TO QUOTE IN THE BOQ (EXCEL SHEET)

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