TENDER FOR HIRING OF SERVICE

CONTRACT FOR THIRD PARTY

INSPECTION/ QUALITY SURVEILLANCE
AT VENDOR PREMISES FOR GAIL, PATA.
 In case of submission of EMD through online banking transaction i.e.
IMPS/NEFT/RTGS, the same may be made through SBI Collect Portal
[Link]

STEPS FOR EMD (IMPS/NEFT/RTGS) SUBMISSION THROUGH SBI

COLLECT

EMD (IMPS/NEFT/RTGS) may be paid through State Bank of India (SBI Collect
Portal) using SBI online Banking/Debit Card (ATM)/Credit card/UPI using the
following Steps:

(i) Type [Link]

(ii) Select Category as PSU- Public Sector Undertaking
(iii) Type "GAIL" in search field
(iv) Click on “GAIL (India) Ltd.-Uttar Pradesh”
(v) Choose Earnest Money Deposit (EMD) from payment category
(vi) Select Tender Portal as NIC / GeM portal, as applicable
(vii) Fill Tender No., Description, Amount, Mobile Number of representative of
Participating Bidder, remarks if any Fill Other relevant details
(viii) Make complete Transaction

Note: The Print/ Screen shot (after successful transaction) is also to be attached
along with the bid.

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 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).

Particulars VIM Helpdesk for Vendors

Helpdesk No. 0120-4446060

Helpdesk Email Id VIMHD@[Link]

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 SECTION-I

INVITATION FOR BID (IFB)

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 SECTION-I

"INVITATION FOR BID (IFB)”

TO,
PROSPECTIVE BIDDERS
SUB: TENDER DOCUMENT FOR HIRING OF SERVICE CONTRACT FOR THIRD
PARTY INSPECTION/ QUALITY SURVEILLANCE AT VENDOR PREMISES FOR GAIL,
PATA.
Dear Sir/Madam,

1.0 GAIL (India) Limited, PATA [having registered office at 16, Bhikaji Cama Palace, 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 on Government e-Marketplace (GeM) portal, in complete accordance with
the GeM bid, following details and enclosed Tender Documents.

2.0 The brief details of the tender are as under:

HIRING OF SERVICE CONTRACT FOR

THIRD PARTY INSPECTION/ QUALITY
(A) BRIEF SCOPE OF SERVICE /JOB
SURVEILLANCE AT VENDOR PREMISES
FOR GAIL, PATA.
APPLICABLE → As per GeM
Note- Not Applicable to eligible MSE bidders
and For Start Up’s (as defined in Gazette
Notification No. D.L-33004/99 dated
18.02.2016 and 23.05.2017 of Ministry of
BID SECURITY / EARNEST MONEY Commerce and Industry)
(B)
DEPOSIT (EMD) Irrespective of product category, the benefits of
Public Procurement Policy for MSEs , such as,
exemption from payment of EMD, free tender
document shall be given to all eligible MSEs
except for traders and in Works Contracts.
(Refer clause no.16 of ITB)
Bidders who are allowed for exemption as per
clause no.16.8 are required to submit
(B1) DECLARATION FOR BID SECURITY
Declaration for Bid Security in bid as per
proforma at Form F-2A

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 Microsoft Teams Need help?

Join the meeting now

(C) LINK TO JOIN PRE-BID MEETING Meeting ID: 433 016 199 040

Passcode: V9Dc9jh6

Name : Rajnish Kumar

Designation: Sr. Officer (Contracts and
Procurements)
Phone No. & Extn : +915683230398,
e-mail : [Link]@[Link]
(D) CONTACT DETAILS OF TENDER
NAME : INDRASEN ADHIKARIMAYUM
DESIGNATION: JR. SUPERINTENDENT (CONTRACTS AND
PROCUREMENTS)
PHONE NO. & EXTN : +915683230171,
E-MAIL : INDRASEN@[Link]

GAIL Pata Petrochemical complex PO-PATA,

(E) DEALING GAIL’S OFFICE ADDRESS
Auraiya, Uttar Pradesh 206241
In case of the days specified above happens to be a holiday in GAIL, the next working day
shall be implied w.r.t bid opening (mentioned in GeM bid) and pre-bid meeting etc.
3.0 Bids must be submitted strictly in accordance with Clause No. 11 of ITB (Section-III). The IFB
is an integral and inseparable part of the bidding document.
4.0 Bid must be submitted only on GeM portal ([Link] Further, the following
documents in addition to uploading the bid on GeM portal shall also be submitted in Original
(in physical form) within 7 (seven) days from the bid due date provided the scanned copies of
the same have been uploaded in GeM portal by the bidder along with bid within the due date
and time to the address mentioned in Bidding Data Sheet(BDS) [Annexure-II to Section-III]:-
i) EMD/Bid Security (if applicable)/Declaration for Bid Security
ii) Power of Attorney
5.0 Bidder(s) are advised to quote strictly as per terms and conditions of the tender documents and
not to stipulate any deviations/exceptions.
6.0 Any bidder, who meets the Bid Evaluation Criteria (BEC) and wishes to quote against this
Tender Document, may download the complete Tender Document along with its
amendment(s) if any from GeM portal 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.
7.0 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 GeM portal 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).
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 The Tender Document calls for offers on single point “Sole Bidder” responsibility basis
(except where 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.
8.0 Any revision, clarification, corrigendum, time extension, etc. to this Tender Document will
be hosted on the GeM portal only. Bidders are requested to visit the GeM portal regularly to
keep themselves updated.
9.0 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 the date of receipt
of tender information.
10.0 SAP generated Request for Quotation (RFQ), if any shall also form an integral part of the
Tender Document.
11.0 Bidders are required to update their GST registration details on GeM portal to enable
evaluation of bids after considering ITC of GST, wherever applicable. However,
evaluation bids will be based on the confirmations & documents submitted by the bidder
in the their bid irrespective of the status/evaluation on GeM portal. GAIL’s decision in
this regard shall be final.

12.0 As per GEM policy/guidelines, MSE bidders have to update their status in their Profile
and declare whether they are participating as MSE on GeM Portal (including updating
their status in Profile) while submitting the bid on GeM tender. Further, MSE are
required to upload relevant documents in bid as per provision of tender. However,
evaluation and applicability of EMD exemption and purchase preference policy will be
based on the confirmations & documents submitted by the bidder in the their bid
irrespective of selection/option made on GeM portal.

13.0 Bidders are required to select the applicable purchase preference (i.e. preference
category) option while submitting the bid on GeM 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/option made
on GeM portal.

This is not an Order.

For & on behalf of
GAIL (India) Limited
(Authorized Signatory)

(Authorized Signatory)
Name : Rajnish Kumar
Designation: SO(C&P)
E-mail ID : [Link]@[Link]
Contact No. : 05683-230398

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 DO NOT OPEN - THIS IS A QUOTATION

GeM Bid No. : ………………… …………………

Description : ………………………………………

Due Date& Time : ………………………………………..

From: To:

…………………………………… Rajnish Kumar

Sr. Officer (Contracts and Procurements)
…………………………………… GAIL (India) Limited
Pata Petrochemical complex
PO-PATA,
Distt: Auraiya, Uttar Pradesh 206241

(To be pasted on the envelope containing Physical documents)

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

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 SECTION-II

BID EVALUATION
CRITERIA & EVALUATION
METHODOLOGY

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 SECTION-II

BID EVALUATION CRITERIA & EVALUATION METHODOLOGY

A. Technical Criteria:
The bidders who intend to participate in this tender shall meet the minimum qualifying
technical requirement as per the following:
Sl. Document(s) to qualify
BEC (Technical)
No. BEC (Technical)
The bidder must have completed / executed work i. Copy of complete work order
order/contract for Third Party Inspection/ Quality along with its Schedule of
Surveillance job at vendor’s premises for any of Rates (SOR) & Special
Chemical/ Petrochemical / Hydrocarbon Processing Conditions of Contract
Industry / Fertilizer / Power Plant in previous seven [7] (SCC)/Scope of Work (SOW)
years reckoned from the final bid due date as per below: issued by the End User /
Category Minimum (at Minimum (at least) Owner/ Authorized Consultant
least) Number completed / executed of End User or Owner.
of Contract (s) value against each
/ Work Order Contract (s) / Work ii. Completion Certificate /
1 (s)/ LoA(s) Order (s)/ LoA (s) Execution Certificate issued by
the End User / Owner (or their
1 1 Rs. 8.75 Lakhs consultant who has been duly
authorized by them to issue such
OR certificate) only after
Completion/execution of work in
2 2 Rs. 5.47 Lakhs all aspect.

OR
iii. The Completion Certificate
3 3 Rs. 4.38 Lakhs / Execution Certificate must
contain the reference number of
work order, actual date of
Noted Below (NB): Interpretation of above table completion / execution of
Category-1 work, executed / completion
value etc.
Minimum 01 Number of WO /LOA /Contract having
minimum executed /completed value of Rs. 8.75 lakhs
OR
Category-2
Minimum 02 Numbers of WO(s) /LOA(s) /Contract(s)
having minimum executed /completed value of Rs. 5.47
lakhs against each WO /LOA /Contract
OR
Category-3
Minimum 03 Numbers of WO / LOA / Contract having
minimum executed / completed value of Rs. 4.38 lakhs
against each WO /LOA /Contract.
Note(s):

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 (i) A job executed by a bidder for its own plant/projects cannot be considered as experience for the
purpose of meeting requirement of BEC of the tender. However, jobs executed for Subsidiary /
Fellow subsidiary / Holding Company will be considered as experience for the purpose of
meeting BEC subject to submission of tax paid 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 in the bidding documents to meet BEC.
(ii) 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.
(iii) The bidders must submit the completion certificate issued by end user / owner (or their
consultant who has been duly authorized by them to issue such certificate) only after completion
of work /supply in all aspect. However, In case the bidder is executing a rate contract/
maintenance contract, which is still running and the contract value executed till one day prior to
the due date of submission is equal to or more than the minimum prescribed value as mentioned
in above BEC, such experience will also be taken into consideration provided that the bidder has
submitted satisfactory work execution certificate issued by the end user/owner/authorized
consultant.
(iv) Relaxation of prior turnover and prior experience for manufacturer start-ups (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 amended from time to time – Not Applicable
(v) 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. Any new document submitted against representation option provided on GeM portal shall
also be not considered for re-valuation of bid.

B. FINANCIAL CRITERIA: Not applicable

C. RELAXATION OF PRIOR TURNOVER AND PRIOR EXPERIENCE FOR

STARTPUS (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 Startups [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 Startup
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 startup, the domain of
startup is be considered based “Certificate of Recognition” issued by Department of Promotion
of Industry and Internal Trade (DPIIT). Startups having the “Certificate of Recognition” which
do not mention Domain, in such case startups 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
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 employee or a Director or not having any interest in the bidder’s company/firm) and notary
public with legible stamp.

Domain (i.e. Industry & Sector) of Startups for the instant tender shall be as under:

Sl. Domain
No. Industry Sector
1
2

D. Eligibility criteria in case bid is submitted on the basis of technical experience of

FOREIGN BASED ANOTHER COMPANY (SUPPORTING COMPANY) which holds
more than fifty percent of the paid up share capital of the bidder company or vice versa:

Offers of those bidders (not under consortium arrangement) who themselves do not meet the
technical experience criteria as stipulated in the BEC and are quoting based on the experience
of Foreign based another company (Supporting Company) can also be considered. In such
case the supporting company should hold more than fifty percent of the paid up share capital
of the bidding company or vice versa.
However, the supporting company should on its own meet the technical experience as
stipulated in the BEC and should not rely on any other company or through any other
arrangement like Technical collaboration agreement.
In that case as the bidding company is dependent upon the technical experience of another
company with a view to ensure commitment and involvement of the companies involved for
successful execution of the contract, the participating bidder should enclose the following
Agreements/ Guarantees/ Undertakings along with the techno-commercial bid:

(i) An Agreement (as per format enclosed at Appendix- A1 to Section II) between the
bidder and the supporting company.

(ii) Guarantee (as per format enclosed at Appendix- A2 to Section II) by the supporting
company to GAIL for fulfilling the obligation under the Agreement along with
certificate issued by Company Secretary as per Appendix- A2A to Section II.

(iii) Undertaking by Supporting Company to provide a Performance Bank Guarantee (as

per format and instructions enclosed at Appendix- A3 to Section II), equivalent to 50%
of the value of the PBG which is to be submitted by the bidding company, in case of
being the successful bidder.

In cases where foreign based supporting company does not have Permanent
Establishment in India as per Indian Income Tax Act, the bidding company can furnish
Performance Bank Guarantee for an amount which is sum of PBG amount to be
submitted by the bidder and additional PBG amount required to be submitted by the
supporting company subject to the condition that supporting company have 100% paid
up equity share capital of the bidder either directly or through intermediate
subsidiaries or vice versa.
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 In such case bidding company shall furnish an undertaking that their foreign based
supporting company is not having any Permanent Establishment in India in terms of
Income Tax Act of India.

(iv) Undertaking from the supporting company to the effect that in addition to invoking
the PBG submitted by the bidding company, the PBG provided by supporting
company shall be invoked by GAIL due to non-performance of the bidding company.

Note:
1.0 In case Supporting Company fails to submit Bank Guarantee as per (iii) above,
EMD/SD submitted by the bidder shall be forfeited.
2.0 The Financial BEC of tender is to be met by bidder on their own.
3.0 The Supporting Company shall meet conditions of ‘Eligible Bidder’, as per clause
no. 2 of Section-III (ITB).
4.0 The clause J as below shall be applicable to above supporting company also.

E. 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.

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

INDIA

1. OM no. 7/10/2021-PPD(1) dated 23.02.2023, 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. 4) dated 23.02.2023.

Further, any bidder (including bidder from India) having specified Transfer of Technology
(ToT) arrangement with an entity from a country which shares a land border with India, shall
also require to be registered with the same competent authority.

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
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 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

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.
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 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
Note :

(i) A person who procures and supplies finished goods from an entity from a country
which shares a land border with India will, regardless of the nature of his legal or
commercial relationship with the producer of the goods, be deemed to be an Agent for
the purpose of this Order.

(ii) However, a bidder who only procures raw material, components etc. from an entity
from a country which shares a land border with India and then manufactures or
converts them into other goods will not be treated as an Agent.]

7. ''Transfer of Technology" means dissemination and transfer of all forms of commercially

usable knowledge such as transfer of know-how, skills, technical expertise, designs, processes
and procedures, trade secrets, which enables the acquirer of such technology to perform
activities using the transferred technology independently. (Matters of interpretation of this
term shall be referred to the Registration Committee constituted by the Department for
Promotion of Industry and Internal Trade, and the interpretation of the Committee shall be
final.)
8. "Specified Transfer of Technology" means a transfer of technology in the sectors and/ or
technologies, specified at Schedule-I, II & 3 of this order.

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
(i) Power and Energy (including exploration/ generation/ transmission/
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 distribution/ pipeline)

(ii) Banking and Finance including Insurance

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

(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

List of Sensitive Technologies:

[Link]. Sensitive Technologies

(i) Additive Manufacturing (e.g. 30 Printing)
Any equipment having electronic programmable components or autonomous
(ii) systems (e.g. SCADA systems)

Any technology used for uploading and streaming of data including

(iii) broadcasting, satellite communication etc.

Chemical Technologies
(iv)
Biotechnologies including Genetic Engineering and Biological Technologies
(v)
Information and Communication Technologies
(vi)

(vii) Software

9. SUBMISSION OF CERTIFICATE IN BIDS:

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 Bidder shall submit a certificate in this regard as Form-I-A.
For cases falling under the category of Transfer of Technology, Bidder shall submit a
certificate in this regard as Form-I-B.

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.

10. 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 registered at the time of acceptance / placement of order, registration
shall not be a relevant consideration during contract execution.
11. PROVISION TO BE IN 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.

[Note: Procurement of raw material, components, etc. does not constitute sub-
contracting]

G. EVALUATION METHODOLOGY:

Techno-commercially acceptable bids will be considered for financial evaluation

(price bid opening) & award on overall lowest price basis (L-1 basis) less ITC.

Price Evaluation shall be done by GeM portal itself & L1 shall be displayed after
opening of price bid.
In case of tie of bid(s), the methodology as per GeM shall be followed.

In addition to the above evaluation methodology, Purchase Preference to MSEs as per

Public Procurement Policy-2012 (PPP-2012) shall be applicable as per Govt.
Guidelines.

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 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.

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)
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 2) 2)

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.
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 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
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
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 and shall not be questioned by the Guarantor. Guarantor shall have no objection to
invocation of the Performance Bank Guarantee submitted by the Guarantor
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/GeM
Contract 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.

1. 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 the extent of Indian Rs./US$ (in figures) __________ (Indian Rupees/US Dollars (in
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 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.
2. 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.
3. 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.
4. 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.
5. This Guarantee shall not be discharged by any change in our constitution, in the constitution of
GAIL or that of the 'SUPPORTING COMPANY'.
6. The Bank confirms that this guarantee has been issued with observance of appropriate laws of
the country of issue.
7. 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.
8. 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) _________.
9. 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.
10. 11.
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
12.
defect liability period of the Contract) and any extension(s) thereof; and
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 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.
4. 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.
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 :

4 PURCHASE ORDER/ LOA NO :

5 NATURE OF BANK GUARANTEE :

(Please Tick ( √ ) Whichever is Applicable
PERFORMANCE BANK SECURITY
GUARANTEE DEPOSIT EMD ADVANCE
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 6

(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 DOCUMENT
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
27. CONFIDENTIALITY
28. CONTACTING THE EMPLOYER
29. EXAMINATION OF BIDS AND DETERMINATION OF
RESPONSIVENESS
32. EVALUATION AND COMPARISON OF BIDS
34. PURCHASE PREFERENCE

[F] AWARD OF CONTRACT:

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 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. ASSIGNMENT/SUBLET

[G] ANNEXURES:
1. ANNEXURE-I: BIDDING DATA SHEET (BDS)
2. ANNEXURE-II: 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 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’ & ‘Proposal’ 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.

Bidders marked “Suspended” on GeM (but eligible as per GAIL’s Tender Document)
will be evaluated as per terms & conditions of the Tender Document.

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
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 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:
(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).
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 favourof 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.
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"- NOT APPLICABLE

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

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 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.
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.
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
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 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
7.1 The contents of Bidding Documents / Tender Documents are those stated below shall be ‘Bid
specific Additional Terms and Conditions (ATC)’of GeM bid, 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

GeM bid document generated or available on GeM portal shall also be part of Bidding Document
/ Tender Document.

*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-II to Section-III i.e. BDS (Bidding Data Sheet).

*** General Conditions of Contract - Services is attached in Section-IV. 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.

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 DOCUMENT
8.1 A prospective Bidder requiring any clarification(s) of the Bidding Documents may notify
GAIL in writing or email at GAIL's mailing address indicated in the BDS or on GeM portal
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 GeM portal / communicated to
prospective bidders by e-mail.
8.2 Any clarification or information required by the Bidder but same not received by the
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 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 corrigendum.
9.2 Any corrigendum thus issued shall be integral part of the Tender Document and shall be
hosted on the GeM portal website. 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

The Bid must be submitted on GeM portal ([Link] as follows

11.1 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) '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) Copy of EMD /, Declaration for Bid Security as per provision of ITB
(k) Undertaking as per Form-1 to Annexure-II to Section-III by MSE bidders and Class-
I Local Suppliers bidders seeking preference under policy to provide purchase
preference as per public procurement (preference to make in India), Order 2017 (PPP-
MII), if applicable.
(l) Undertaking as per Form-2 to Annexure-II 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 respect of other than
companies) as per Form-3 to Annexure-II to Section-III (Applicable for all bidders
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 including MSEs bidder 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-13’
(p) Tender Document, its Corrigendum/Amendment/Clarification(s) duly signed by the
Authorized Signatory holding POA.
(q) Additional document specified in BDS, SCC, Scope of Supply or mentioned
elsewhere in the Tender Document, its Corrigendum/Amendment/Clarification(s).
(r) 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 Price Bid / Financial Bid / Schedule of Rates [SOR]

i) The Prices are to be submitted strictly as per the Price bid / Schedule of Rate (SOR)
on GeM portal. 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
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 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.
vi) 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.

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.
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 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.

12 BID PRICES

12.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole job
/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 & duties including GST (CGST & SGST/UTGST or IGST).

Successful bidder is required to provide break-up of various components such as GST (CGST
& SGST/UTGST or IGST) included in the quoted prices for placing SAP order by GAIL.

12.2 Bidder shall quote for all the items of Price bid/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 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 Service Provider under the Contract,
or for any other cause including final GST (CGST & SGST/ UTGST or IGST) shall be
included in the rates / prices and the total bid-price submitted by the Bidder.
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.

13 GST (CGST & SGST/ UTGST or IGST)

13.1 Bidders are required to mention the GST Registration No. in bids wherever GST (CGST &
SGST/UTGST or IGST) is applicable.
13.2 Quoted prices should be inclusive of all taxes and duties, including 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 Service Provider only. Service Provider 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 Service Provider with requisite details.
Payments to Service Provider 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 Service Provider has not
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 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 Service Provider
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 Service Provider ’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.
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 Service
Provider 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 Service
Provider 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.
Further, an unregistered bidder is required to mention its Income Tax PAN in bid document.
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 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 considered by bidder in the Price bid/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 GAIL shall be entitled to deduct/ setoff / recover such amounts against any
amounts paid or payable by GAIL to Service Provider / Supplier.
13.9 Service Provider 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 Service Provider 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 Service
Provider 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 Service Provider / supplier may note the above and quote their prices accordingly.
13.11 In case the GST rating of Service Provider 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 Service Provider and shall also be entitled to deduct / recover
such GST along with all penalties / interest, if any, incurred by GAIL.
13.12 GST, as included by the bidder in Price bid / SOR, shall be deemed as final and binding for
the purpose of bid evaluation
In case a bidder includes “zero” 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.

13.13 Wherever TDS under GST Laws has been deducted from the invoices raised / payments made
to the Service Provider, as per the provisions of the GST law / Rules, Service Provider should
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 accept the corresponding GST-TDS amount populated in the relevant screen on GST common
portal ([Link]). Further, Service Provider should also download the GST TDS
certificate from GST common portal (reference path: Services > User Services >
View/Download Certificates option).

13.14 Provision w.r.t. E- Invoicing requirement as per GST laws:

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-15 along with documents for release of payment.

13.15 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.

13.16 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 GeM bid 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 on GeM portal. The request and the responses thereto shall also be made in
writing or by email (outside GeM, if required). After opening of price bids in GeM, the
extension (outside GeM, if any) will be regularized through GeM with L-1 bidder. Bidder
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 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

16.1 Bid must be accompanied with earnest money deposit (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’ as per the format given in form
F-2 of the Tender Document (preferably) or format available in GeM portal. 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 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.
16.3 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.2” may be rejected
by GAIL as non-responsive.
16.4 Unsuccessful Bidder’s EMD will be discharged/ returned as promptly as possible, but not
later than ‘thirty [30] days’ after finalization of tendering process.
16.5 The successful Bidder’s EMD will be discharged upon the Bidder’s acknowledging the
‘Award’ and signing the ‘Agreement’ and furnishing the ‘Contract Performance Security
(CPS)/ Security Deposit’ pursuant to clause no. 38 of ITB.
16.6 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 ‘Bid Validity Period’
(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:
(i) acknowledge receipt of the “Notification of Award” / Fax of
Acceptance[FOA]”,
(ii) furnish “Contract Performance Security / Security Deposit”, in accordance
with “ITB: Clause-38”
(iii) accept ‘arithmetical corrections’ as per provision of the clause 30 of ITB.
16.7 In case EMD is in the form of ‘Bank Guarantee’, the same must indicate the Tender
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 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.
16.8 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.
In addition to above, following categories of Sellers/Service Providers are also exempted
from furnishing Earnest Money / Bid Bond :
(i) KVIC, ACASH, WDO, Coir Board, TRIFED and Kendriya Bhandar.
(ii) Sellers who have got their credentials verified through the process of Vendor
Assessment by Vendor Assessment Agencies for the Primary Product / Primary
Service for which Bid / RA has been invited.
(iii) Sellers/ Service Provider having annual turnover of INR 500 Crore or more.
(iv) Sellers / Service Providers holding BIS License for the Primary Product Category
whose credentials are validated through BIS database and through uploaded
supporting documents.
(v) Seller / Service Provider registered with designated Agency / Authority as specified
in the bid document by the Buyer – such bidder shall have to upload scanned copy of
relevant registration document in place of Bid Security document while bidding.

Bidders are required to submit relevant document for exemption from furnishing
Earnest Money / Bid Bond
16.9 In addition to existing specified form (i.e. Demand Draft (DD)/ Banker’s Cheque/ Bank
Guarantee) mentioned in tender documents for submission of EMD/Bid Bond, the bidder can
also submit the EMD through online banking transaction i.e. IMPS/NEFT/RTGS etc. 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 bids are likely to be considered
as bid not accompanied with EMD. Further, in case of the above online transaction,
submission of EMD in original is not applicable.
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.

16A DECLARATION FOR BID SECURITY

Bidder to whom exemption is allowed as per Clause no. 16.8 above are required to submit
Declaration for Bid Security as per proforma at Form F-2A.

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 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.
17.3 Text of the questions raised and the responses given, together with any responses prepared
after the meeting, will be uploaded on GeM portal website against the GeM bid 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 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.

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 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
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 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 Service Providers electronically, and to
facilitate the payments electronically through 'e-banking'.

[D] – SUBMISSION OF BIDS

21 SUBMISSION, SEALING AND MARKING OF BIDS

21.1 Bids shall be submitted on GeM portal. No Manual/ Hard Copy (Original) / E-mail offer
shall be acceptable. Physical documents shall be addressed to the owner at address specified
in IFB.
21.2 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 The bids must be submitted in GeM portal not later than the date and time specified in the
tender documents.
22.2 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 that 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 GeM portal / communicated to the bidders.
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 23 LATE BIDS

23.1 GeM portal shall close immediately after the due date for submission of bid and no bids can
be submitted thereafter.
Where the EMD/physical documents has been received but the bid is not submitted by the
bidder in the GeM portal, such EMD/ 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.

24 MODIFICATION AND WITHDRAWAL OF BIDS

24.1 Modification and withdrawal of bids shall be as follows:-
The bidder may withdraw or modify its bid after bid submission but before the due date and
time for submission as per tender document.
24.2 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 or Bidders or any obligations to inform the affected Bidder or Bidders
of the ground for GAIL's action.

25.2 In GeM, there is provision for representation against disqualification of bidder within the
specified period after disqualifying the bidder against GeM Bid. Disqualified bidders should
not upload new/additional documents against representation on GeM as the same shall not be
evaluated.

Further, 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;
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;

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 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 unpriced bids at the schedule date & time.
26.2 Priced Bid Opening:
26.2.1 GAIL will open the price bids of those bidders who meet the qualification requirement and
whose bids is determined to be technically and commercially responsive. Techno-commercial
bid evaluation status will be informed to all bidders (including techno-commercially not
qualified Bidders).
26.2.2 The price bids of those Bidders who were not found to be techno-commercially responsive
shall not be opened.
26.3 As tender is processed on GeM portal, public opening of bids is not applicable.

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 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
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 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
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

Not Applicable

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.

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 32 EVALUATION AND COMPARISON OF BIDS

Bid shall be evaluated as per evaluation criteria mentioned in Section-II of bidding documents
on lowest bid.

Refer BDS for tie-breaker criteria.

33 COMPENSATION FOR EXTENDED STAY – NOT APPLICABLE

34 PURCHASE PREFERENCE

Purchase preference to Micro & Small Enterprises (MSEs), Domestically Manufactured

Electronic Products / Telecom Products or Policy to Provide Purchase Preference as per
Public Procurement (Preference to Make in India), Order 2017 etc. shall be allowed as per
Government instructions in vogue, as applicable from time to time.

As per GEM policy/guidelines, MSE bidders have to update their status in their Profile
and declare whether they are participating as MSE on GeM Portal (including updating
their status in Profile) while submitting the bid on GeM tender. Further, MSE are
required to upload relevant documents in bid as per provision of tender. However,
evaluation and applicability of EMD exemption and purchase preference policy will be
based on the confirmations & documents submitted by the bidder in the their bid
irrespective of selection/option made on GeM portal.

Bidders are required to select the applicable purchase preference (i.e. preference
category) option while submitting the bid on GeM 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/option made
on GeM 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 Services are to be
rendered. In case, bidder wants contract at some other address or Services are to be
rendered from multiple locations, bidder is required to provide in their bid, the address on
which contract is to be placed”.
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
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 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. Service
Provider). The Notification of Award/FOA will constitute the formation of a Contract. The
detailed GeM Contract / 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 GeM Contract / Letter of Acceptance without issuing FOA and in such
case the Contract shall enter into force on the date of detailed GeM Contract / 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' shall
acknowledge.
36.6 In addition to GeM Contract(s), GAIL will place SAP generated Order(s) / Contract(s)
outside GeM portal for execution of Order(s) / Contract(s) and payment to suppliers
outside GeM portal. SAP Order(s)/Contract(s) will be generated by mentioning unit price
excluding GST, quantity and percentage of GST. Thus, break-up of quoted prices (such
as Ex-works price, freight charges & GST) shall be provided by bidders post price bid
opening, based on request from GAIL.

37 SIGNING OF AGREEMENT

37.1 The successful Bidder/Service Provider shall be required to execute an 'Agreement' 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/Service Provider] 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/Service Provider
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/Action as
per Bid Security declaration. However, signing of Agreement shall not be applicable in cases
wherein the individual contract value as specified in Notification of Award is less than INR
10 Lakh (exclusive of GST).
37.2 Bidders can request Bilingual (Hindi & English) Contract Agreement. The format for signing
Contract Agreement in English is attached withthis 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 Insurance Surety Bond or Fixed Deposit Receipt or Bank
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 Guarantee or Letter of Credit and shall be in the currency of the Contract. However, there
shall be no Contract Performance security / PBG requirement for contracts:
a) Placed under Direct Purchase / L-1 Purchase Option under Para (i) and (ii) of GFR rule
149; b) Placed through Bids / RA with estimated bid value up to Rs 5 Lakh (in case of Goods
contracts); and
c) Placed through Bids / RA with estimated bid value up to Rs 5 Lakh (in case of Services
contracts)
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 The Service Provider shall submit CPS as per Form F-4 of Tender Document only but not as
per format of GeM. Further, they also submit covering letter along with CPS as per format at
F-4.
38.4 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
38.5 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 Service Provider should furnish additional CPS.
38.6 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.
38.7 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. _______ (service provider 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.”
38.8 In case of forfeiture of Contract Performance Security/ Security Deposit in terms of GCC, the
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 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.
38.9 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 Service Provider.
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 In case, GAIL allows additional time for submission of CPBG/SD beyond 30 days, 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.

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

COERCIVE PRACTICES

39.1 Procedure for action in case Corrupt/ Fraudulent/Collusive/Coercive Practices shall be as per
Appendix-1 of General Conditions of Contract- Services.
39.2 The Fraud Prevention Policy document is available on GAIL’s website
([Link])
39.3 Name and contact details of nodal officer are mentioned in BDS.
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 Service Provider/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”, the service provider/bidder shall be
banned (in terms of aforesaid procedure) from the date of issuance of such order by GAIL
(India) Ltd., to such Service Providers/Bidders.

The Service Provider/ Bidder understands and agrees that in such cases where Service
Provider/ 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 Service Provider/ 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 Following provision has been incorporated in tender for MSEs, in line with notification of
Government of India, vide Gazette of India No. 503 dated 26.03.2012 proclaiming the Public
Procurement Policy on procurement of goods and services from Micro and Small Enterprises
(MSEs)
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 i) Issue of tender document to MSEs free of cost.
ii) Exemption to MSEs from payment of EMD/Bid Security.
iii) In Tender, participating Micro and Small Enterprises quoting price within price band
of L1 + 15% shall also be allowed to supply a portion of requirement by bringing
down their prices to L1 price in a situation where L1 price is from someone other than
a micro and small enterprises and such micro and small enterprises shall be allowed
to supply upto 25% of the total tendered value. In case of more than one such Micro
and Small Enterprises, the supply shall be shared proportionately (to tendered
quantity). Further, out of above 25%, 4% shall be reserved for MSEs owned by SC/ST
entrepreneurs. Further, 3% shall be reserved for MSEs owned by women within above
25% reservation. The respective quota(s) shall be transferred to other MSEs in case of
non-availability of MSEs owned by SC/ST entrepreneurs / MSEs owned by Women.
The quoted prices against various items shall remain valid in case of splitting of
quantities of the items above.
In case tendered item is non-splitable or non- dividable (specified in Bid Data Sheet),
MSE quoting price within price band L1 (other than MSE) + 15% , may be awarded
for full/ complete supply of total tendered value subject to matching of L1 price.
40.2 The MSE(s) owned by SC/ST Entrepreneurs shall mean:-
a) In case of proprietary MSE, Proprietor(s) shall be SC/ST.
b) In case of partnership MSE, the SC/ST partners shall be holding atleast 51% share in
the unit
c) In case of private Limited Companies, at least 51% share is held by SC/ST. If the MSE
is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary
evidence in this regard.
The MSE(s) owned by Women shall mean:-
a) In case of proprietary MSE, Proprietor(s) shall be Women.
b) In case of partnership MSE, the Women partners shall be holding atleast 51% share
in the unit
c) In case of private Limited Companies, at least 51% share is held by Women. If the
MSE is owned by Women Entrepreneurs, the bidder shall furnish appropriate
documentary evidence in this regard.

40.3 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:
“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 benefits.
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
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 evidence, then it will be presumed that they do not qualify for any preference admissible in
the Public Procurement Policy (PPP) 2012.
MSEs are advised to update their latest status on GeM portal also to avoid complications
during the evaluation.
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.
40.4 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.40.3 abovewith 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.
40.5 The benefit of policy are not extended to the traders/dealers/ Distributors
/Stockiest/Wholesalers.
40.6 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.
40.7 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.

40.8 Interest payment on delayed payments to MSME is payable in line with Micro, Small and
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 Service Provider/Bidder.
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
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 includes service provider’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
Service Provider’s supervision profit, overhead & other expenses.

42 VENDOR PERFORMANCE EVALUATION

Shall be as stipulated at Appendix-2 of General Conditions of Contract- Services

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, service provider 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 service provider do not have PAN no., they have to submit declaration in
Form 60 along with invoice/ bill for each transaction.
Payment of service provider 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
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 ‘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
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
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 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.
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
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 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. INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS

PROVIDERS)

Not Applicable

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 STARTPUS (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)

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
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 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.
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-Services/SCC.
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 However, for release of payment, Service Provider 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.

GAIL HAS IMPLEMENTED VENDOR INVOICE MANAGEMENT (VIM) SYSTEM,

W.E.F. 01.04.2023 ON PAN INDIA BASIS FOR THE PAYMENT PURPOSE.
SUPPLIER IS REQUESTED TO UPLOAD THE DIGITALLY SIGNED INVOICE FOR
PAYMENT ON GAIL'S VIM PORTAL.

54. ORDER TRANSMITTAL SYSTEM:

55.
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]
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.

56. ASSIGNMENT/SUBLET

The following is added to the Clause no. 2.23 of General Conditions of Contract (GCC)-
Services:
(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.

57. 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 1
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 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.

(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.

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 1
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.
(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.
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 Annexure-1

Third Party Deposit Confirmation Letter

(To be issued by Bank on their letter head)

Date: _ _/_ _/_ _

_
To,
GAIL (India) Limited,
Pata

Dear Sir/ Madam

Sub: 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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 ANNEXURE-I 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

3 BIDS FROM CONSORTIUM/ JOINT VENTURE- NOT APPLICABLE

B. BIDDING DOCUMENT
ITB clause Description
8.1 For clarification purposes only, the communication address is:
NAME : RAJNISH KUMAR
DESIGNATION: SR. OFFICER (CONTRACTS AND PROCUREMENTS)
PHONE NO. & EXTN : +915683230398,
E-MAIL : [Link]@[Link]

NAME : INDRASEN ADHIKARIMAYUM

DESIGNATION: JR. SUPERINTENDENT (CONTRACTS AND PROCUREMENTS)
PHONE NO. & EXTN : +915683230171,
E-MAIL : INDRASEN@[Link]
C. PREPARATION OF BIDS
ITB clause Description
12 & 13 Whether GAIL will be able to avail input tax credit in the instant tender : YES

Details of Buyer:
Consignee GAIL (India) Limited
PATA - PETROCHEMICALS
PO-PATA, DIST.- AURAIYA
PIN-206241 (U.P.)
PAN No. AAACG1209J
GST no. 09AAACG1209J3ZS
14 The currency of the Bid shall be INR
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’ or ‘Fixed Deposit Receipt the same should be favor of GAIL (India)
Limited, payable at Pata

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 LIMITED

Bank Name : STATE BANK OF INDIA
Branch Name /branch code : PATA (01937) , 01937
STATE BANK OF
Branch Address (incl Pin code)
: INDIA,UPPCC, PATA,
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 DISTT. AURAIYA,
U P- 206241
9 Digit MICR No. of Bank and Branch : 206002253
Account Type : OD
Account Number (as appearing on
00000032808651040
cheque book) :
IFSC Code of the Branch (For RTGS) : SBIN0001937
IFSC Code of the Branch (For NEFT) : SBIN0001937

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
4.0 of IFB For the submission of physical document as per clause no. 4.0 of IFB, the Owner’s
address is :
Name : Rajnish Kumar
Designation: Sr. Officer (Contracts and Procurements)
Phone No. & Extn : +915683230398,
e-mail : [Link]@[Link]
E. EVALUATION, AND COMPARISON OF BIDS
ITB clause Description
32 Tie-breaker methodology available on GeM portal will be followed.
34 The following Purchase Preference Policy will be applicable as per provisions
mentioned in tender:

i) Micro & Small Enterprises (MSEs)

F. AWARD OF CONTRACT
ITB clause Description
37 State of India which stamp paper is required for Contract Agreement: UTTAR
PRADESH_________________________
38 Contract Performance Security/ Security Deposit
APPLICABLE, if order value is more than Rs. 5 Lakhs (excluding GST)

The value/ amount of Contract Performance Security/ Security Deposit

5% of Annualised contract value excluding GST within 30 days of
FOA/notification of award.
(or)
Initial security deposit (ISD) @ 2.5% of Annualised Order / Contract value
within 30 days of FOA/notification of award and deduction @ 2.5% of the
RA bill subsequently from RA bills till the total amount of security deposit
(including ISD and deducted amount) reaches 5% of Annualised Order /
Contract value.

CPBG Validity: 27 Months

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 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.

SWIF
T
[Link] Field Data / Details Remarks
Field
No.

GAIL
1 BIC
Identification GAIIINDIXXX -
. Code
No.

/ PO / SAP Company
72Z – Code (4 digit) / SAP Eg.
2
SAP PO No. First Business Area :/PO/5000/4444/1234567
.
Line 890
(4 digit)/SAP PO No. (10 digit)

72Z –
3 Claim expiry
Secon YYMMDD Eg. 240119
. Date
d Line

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

Name: Sh. S K Mishra
Designation: CGM (Contracts and Procurements)
Phone No. & Extn : +915683230580,
e-mail : skmishra@[Link]
40 Whether tendered item is non-split able or not-divisible: Yes
41 Provision of AHR Item: Applicable
44.1 Quarterly Closure of Contract: Not Applicable
49 Applicability of provisions relating to Startups: Not Applicable
54 Applicability of provisions relating to Order Transmittal System: Not Applicable

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 FORMS & FORMAT

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 LIST OF FORMS & FORMAT

Form No. Description

F-1 BIDDER’S GENERAL INFORMATION
F-1A FORM OF DECLARATION REGARDING “'ONE BID PER BIDDER'”
F-2 PROFORMA OF "BANK GUARANTEE" FOR "EARNEST MONEY /
F-2A PROFORMA OF DECLARATION FOR BID SECURITY
F-3 POWER OF ATTORNEY
F-4 PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT
PERFORMANCE SECURITY / SECURITY DEPOSIT"
F-5 AGREED TERMS & CONDITIONS
F-7 BIDDER’S EXPERIENCE
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-12 E-BANKING FORMAT
F-13 INTEGRITY PACT
F-15 UNDERTAKING REGARDING SUBMISSION OF ELECTRONIC INVOICE
(E-INVOICE AS PER GST LAWS)
F-16 LAND BORDER UNDERTAKING

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 F-1

BIDDER'S GENERAL INFORMATION

To,
M/s GAIL (INDIA) LIMITED
PATA
TENDER NO:
1 Bidder 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
[As per [Link].4.0 of Section-III of Tender
Document]
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 contract is to
6 be placed
City:
District:
State:
PIN/ZIP:
7 Address from where Services are to
be rendered along with GST no. * City:
(In case Services are to be rendered District:
from multiple locations, addresses State:
and GST no. of all such locations are PIN/ZIP:
to be provided). GST No.:
8 Telephone Number/ Mobile no. of _____________________
address where order is to be placed (Country Code) (Area Code) (Telephone No.)
9 E-mail address
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 10 Website
11 Mobile Number: ___________________________________

12 ISO Certification, if any {If yes, please furnish details}

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

15 EPF Registration No.

16 ESI code No.

17 Whether Micro or Small Enterprise Yes / No
(If Yes, Bidder to submit requisite documents as
specified it ITB:Clause No. 40)
Whether MSE is owned by SC/ST Yes / No
Entrepreneur(s) (If Yes, Bidder to submit requisite documents as
specified it ITB:Clause No. 40)
Whether MSE is owned by Women Yes / No
(If Yes, Bidder to submit requisite documents as
specified it ITB:Clause No. 40)
Whether payment is required through Yes / No
TReDS If Yes, please provide the name of portal
……………………………………
18 Whether Bidder is Startups or not Yes / No
(If Yes, Bidder to submit requisite documents as
specified it ITB: Clause No.50 )
In case of Start-up 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
exceed Rs.100 Crores.
Note: *
GAIL intent to place the contract directly on the address from where Services are rendered. In case,
bidder wants contract at some other address or Services are to rendered from multiple locations,
bidder is required to provide in their bid, the address on which contract is to be placed.
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:
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 F-1A
FORM OF DECLARATION
On bidder's letterhead to be signed and submitted

To,

M/s GAIL (India) Limited

Pata

Dear Sir,
I, ________________________, duly authorized / accredited representative of M/s ________________ hereby undertakes / declares
that the following information (with supporting thereof) are true/genuine to the best of my knowledge and belief,
confirming/clarifying/complying to relevant clause of 'One Bid per Bidder' incorporated in ITB of Tender Document, pertaining to
GeM Tender/Bid No. ________________________:

Sl. No. Description Particulars furnished

1 Bidder's Name M/s

2 Name of Proprietor/Partners/Directors of the 1.
Firm/Company including their Father's Name (i.e 2.
Complete Details of all the Directors 3.
/Partners/Proprietors etc including their Father's Name 4.
and DIN Nos.).
[As per clause for 'One Bid per Bidder' under Section-III
of Tender Document]
If required, a separate sheet may be enclosed for
providing above details.
3 Residential Address of bidder House/Flat/Plot No.
Village/City:
(Supporting like copy of Telephone Bill/Gas District:
Bill/Electricity Bill, etc, duly notarized) State:
Pin Code:
4 PAN details
(copy of complete details of PAN, duly notarized)
5 AADHAR details
(copy of complete details of AADHAR, duly notarized)
6 Complete details of GST Registration
(copy of complete details of GST Registration, duly
notarized)

Note:
It is the responsibility of the participating Bidder(s) to assess the relationship as mentioned in clause of 'One Bid per Bidder' of ITB of
tender document.
In case of any of the above undertaking/declaration given by the undersigned (Bidder) with regard to 'Conflict of Interest' contained in
clause for 'One Bid per Bidder' of ITB and Format -F5 of tender document of instant tender is found to be false, this would be a
sufficient ground for rejection of Bid(s) and also initiation of further action as per "Procedure for
Corrupt/Fraudulent/Collusive/Coercive Practices" of tender document/tender provisions.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:

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 FORMAT F-2

PROFORMA OF "BANK GUARANTEE"

FOR "EARNEST MONEY / BID SECURITY"
(To be stamped in accordance with the Stamp Act)
[This Format supersede the Format of GeM]

To, Bank Guarantee No.

M/s GAIL (India) Limited Date of BG
___________________ BG Valid up to
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 Letter Inviting Tender under your reference No __________________ M/s. ________________
having their Registered / Head Office at _____________ (hereinafter called the Tenderer), wish to participate in the
said tender for
______________________________________________________________________________

As an irrevocable Bank Guarantee against Earnest Money for the amount of ______________ is required to be
submitted by the Tenderer as a condition precedent for participation in the said tender 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) guarantee
and undertake to pay immediately on demand without any recourse to the tenderers by GAIL (India) Ltd., the
amount ________________ ____________________ without any reservation, protest, demur and recourse. Any
such demand made by GAIL, shall be conclusive and binding on us irrespective of any dispute or difference raised
by the Tenderer.

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 M/s.
_____________________________________________ whose behalf this guarantee is issued.

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

Notwithstanding anything contained herein:

9.

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
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 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 …………………..

WITNESS:

(SIGNATURE) (SIGNATURE)
(NAME) (NAME)
Designation with Bank Stamp

(OFFICIAL ADDRESS) Attorney as per

Power of Attorney No. ________
Date: ________________________

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

INSTRUCTIONS FOR FURNISHING "BID SECURITY / 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 -16.2".
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 Employer at its address as mentioned at "ITB".
5. Bidders must indicate the full postal address of the Bank along with the Bank's E-mail / Phone
from where the Earnest Money Deposit has been issued as per proforma provided below..
6. If a Bank Guarantee is issued by a commercial Bank, then a letter to Employer confirming its
net worth is more than Rs. 1,000,000,000.00 [Rupees One Hundred Crores] or equivalent
along with documentary evidence in the Bank Guarantee itself.

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

ALONG WITH BANK GUARANTEE

1
BANK GUARANTEE NO :
VENDOR NAME /
2 VENDOR CODE : NAME
VENDOR CODE

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 BANK GUARANTEE
3 AMOUNT :

4 TENDER NO :

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

6
(A) EMAIL ID :
BG ISSUED BANK
DETAILS
(B) ADDRESS :
(C) PHONE NO :

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 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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 F-3
POWER OF ATTORNEY
(To be submitted on the letter-head of company)

To,
SR. OFFICER (C&P)
GAIL (India) Ltd.
Pata (India)

GeM Bid No. :

“The undersigned ____________________(Name of LEGAL PERSON (s), i.e.

CEO/C&MD/Director/Company Secretary/any other authorized person) is lawfully authorized to
represent and act on behalf of the company M/s ___________________ whose registered address is
----------------------------and does hereby appoint Mr/Ms ---------------------------------- (Name of
authorized person signing the bid document Manually/Digitally), ------------------------(Designation)
of M/s -----------------------------whose signature appears below to be the true and lawful attorney/(s)
and authorize him/her to sign the bid, conduct negotiation, sign contracts and execute all the
necessary matter related thereto, in the name and on behalf of the company in connection with the
tender no. ---------------------------__________________________
The signature of the authorized person/(s) herein constitutes unconditional obligations of M/s -------
-----------------------------.
This Power of Attorney shall remain valid and in full force and effect before we withdrawal it in
writing (by fax, or mail or post). All the documents signed (within the period of validity of the Power
of Attorney) by the authorized person herein shall not be invalid because of such withdrawal.

LEGAL PERSON (s)

(CEO/C&MD/Director/Company Secretary/Managing Partner/proprietor)

(Signature)
Name of person:
Designation:
Mobile No.:
E-mail id:

AUTHORIZED PERSON
(WHO IS SIGNING THE BID)

(Signature)
Name of person:
Designation:
Mobile No.:
E-mail id:
Digital token no.:
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 F-4
PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE
SECURITY / SECURITY DEPOSIT"
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
[This Format supersede the Format of GeM]
To, Bank Guarantee No.
M/s GAIL (India) Limited Date of BG
___________________ BG Valid up to
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 “Service Provider” 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 GeM Contract 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 “SERVICE PROVIDER” 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 __________________________ 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 Service Provider 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 & unequivocal and will
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 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 Service Provider 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 Service Provider 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 Service Provider fails to perform the supply/work fully, the bank
hereby agrees to further extend this guarantee at the instance of the Service Provider 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.
____________________________ (Service Provider) 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 Service
Provider and notwithstanding any security or other guarantee that GAIL may have in relation
to the Service Provider’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
Service Provider 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 Service
Provider 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 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.
10. 11.
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
12.
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
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 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
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]. 38.3 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
Employer.
4. If a Bank Guarantee is issued by a commercial bank, then a letter to Employer and copy to
Consultant (if applicable) confirming its net worth is more than Rs. 100,00,00,000.00 [Rupees
One Hundred Crores] or its equivalent in foreign currency alongwith documentary evidence
OR in the Bank Guarantee itself.
5. Service Provider shall submit attached cover letter (Annexure) while submitting Contract
Performance Security
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 :

4 PURCHASE ORDER/ LOA NO :

5 NATURE OF BANK 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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 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:
Address:
2. Bidder confirms the currency of quoted prices is in Indian Rupees. CONFIRMED
3. Bidder confirms quoted prices will remain firm and fixed till complete CONFIRMED
execution of the order (except where price escalation/variation is
allowed in the Tender).
4 Bidder confirms that they have quoted/included GST (CGST & CONFIRMED
SGST/ UTGST or IGST) in Price bid.
_______%
Kindly indicate the GST % Included on GeM Portal

4.1 Whether in the instant tender services/works are covered in reverse Yes/ No
charge rule of GST (CGST & SGST/UTGST or IGST)

If yes, Bidder confirms that they have quoted/included applicable

GST (CGST & SGST/ UTGST or IGST) in Price Bid …………………
4.2 Bidder confirms Harmonized System Nomenclature (HSN)/Service
Accounting Code (SAC) of subject job
4.3 Bidder hereby confirms that the quoted prices are in compliance with CONFIRMED
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.

4.5 Bidder confirms that GST registration details have been updated on CONFIRMED
GeM portal.
5. Bidder confirms acceptance of relevant Terms of Payment specified CONFIRMED
in the Bid Document.
6. Bidder confirms that Contract Performance Security will be furnished CONFIRMED
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 Sl. DESCRIPTION BIDDER'S
CONFIRMATION
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 CONFIRMED
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. Bidder confirms compliance to Completion Schedule as specified in CONFIRMED
Bid document.
9. Bidder confirms acceptance of Price Reduction Schedule for delay in CONFIRMED
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 CONFIRMED
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 GeM bid CONFIRMED
from Final/Extended bid due date of submission of bids.

12. Bidder furnishes EMD/Bid Security details as under: CONFIRMED

a) EMD/ Bid Security No. & date
b) Value
c) Validity
d) d) Bank Address/e-mail ID/Mobile no. [in case of BG]
OR
Bidder furnishes bid security declaration [applicable for bidders to
whom exemption is allowed as per [Link].16.8 of Section-III].
13. Bidder confirms that CONFIRMED
(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.
14. All correspondence must be in ENGLISH language only. CONFIRMED
15. The contents of this Tender Document have not been modified or CONFIRMED
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.
16. Bidder confirms that all Bank charges associated with Bidder’s Bank CONFIRMED
regarding release of payment etc. shall be borne by Bidder.

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 Sl. DESCRIPTION BIDDER'S
CONFIRMATION
17. No Deviation Confirmation: CONFIRMED
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.
18. If the Bidder becomes a successful Bidder pursuant to the provisions CONFIRMED
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 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."
19. Bidder to ensure all documents as per tender including clause 11 of CONFIRMED
Section III and all Formats are included in their bid
20. Bidder understands that Tender Document is not exhaustive. In case CONFIRMED
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.
21. Bidder hereby confirms that they are not on ‘Holiday’ by GAIL or CONFIRMED
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'.
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 Sl. DESCRIPTION BIDDER'S
CONFIRMATION
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.
22. Bidder confirms that they have read and understood the General CONFIRMED
Conditions of Contract - Services enclosed at Section-IV & no
'exception / deviation' anywhere has been taken in the same and that
they shall abide by provisions of relevant GCC-Services.
23. Bidder certifies that they would adhere to the Fraud Prevention Policy CONFIRMED
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.
24. Bidder confirms that (i) any variation in GST at the time of supplies CONFIRMED
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 to bidder’s account.
25. Bidders confirm to submit signed copy of Integrity Pact (wherever CONFIRMED
included in tender).

If Bidder is a partnership concern or a consortium, this agreement

must be signed by all partners or consortium members.
26. Bidder confirms that there is no conflict of interest with other bidders, CONFIRMED
as per clause no. 4.2 of Section-III (ITB) of Tender Document.
27. In case of any variance in the terms and conditions between GeM CONFIRMED
Contract and SAP PO/LOA, the terms and conditions of SAP
PO/LOA shall prevail.
28. Bidder confirms that as specified in tender that evaluation bids will be CONFIRMED
based on the confirmations & documents submitted by bidders in the
their bid and methodology specified in Section II of tender document
irrespective of the status/evaluation on GeM portal and GAIL’s
decision in this regard shall be final.
29. As per GEM policy/guidelines, MSE bidders have to update their CONFIRMED
status in their Profile and declare whether they are participating as
MSE on GeM Portal (including updating their status in Profile) while
submitting the bid on GeM tender. Further, MSE are required to
upload relevant documents in bid as per provision of tender. However,
evaluation and applicability of EMD exemption and purchase
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 Sl. DESCRIPTION BIDDER'S
CONFIRMATION
preference policy will be based on the confirmations & documents
submitted by the bidder in the their bid irrespective of selection/option
made on GeM portal. (Applicable only for MSE Bidders).
30. Bidder confirms that, in case of contradiction between the CONFIRMED
confirmations provided in this format and to the terms & conditions
mentioned elsewhere in the offer, the confirmations given in this
format shall prevail.
Place: [Signature of Authorized Signatory of Bidder]
Date: Name:
Designation:
Seal:

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 F-7
BIDDER’S EXPERIENCE
To,

M/s GAIL (INDIA) LIMITED

___________________

SUB:
TENDER NO:

Sl. Descript LOA Full Postal Value of Date of Scheduled Date of Reasons
No ion /WO Address & Contrac Commenc Completio Actual for delay
of the No. and phone nos. of t/Order ement of n Comple in
Services date Client. Name, (Specify Services Time (Mo tion executio
designation Currenc nths) n, if any
and address of y
Engineer/ Amount)
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-11
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'

NO. Subject S
SEC. Page No. Clause REPL
NO. No. Y

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-12
[This format is not applicable in case bidder bank account is updated on GeM portal]

(APPLICABLE ONLY IN CASE BIDDER’S BANK ACCOUNT IS NOT MAPPED IN GAIL)

REAL TIME GROSS SETTLEMENT (RTGS) / NATIONAL ELECTRONIC FUNDS TRANSFER (NEFT)
MANDATE FORM

(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

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-16 (Land Border Undertaking)
Form-I-A.

To,

M/s GAIL (INDIA) LIMITED

SUB:

TENDER NO:

Dear Sir

We have read the clause regarding Provisions for Procurement from a Bidder which shares a land
border with India, we certify that, bidder M/s____________ (Name of Bidder) is :

(i) Not from such a country [ ]

(ii) If from such a country, has been registered [ ]

with the Competent Authority.

(Evidence of valid registration by the

Competent Authority shall be attached)

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

We hereby certify that bidder M/s____________ (Name of Bidder) fulfills all requirements in this
regard and is eligible to be considered against the tender.

Place: [Signature of Authorized Signatory of Bidder]

Date: Name:

Designation:

Seal:

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 SECTION-IV
GENERAL CONDITIONS OF
CONTRACT

FOR

PROCUREMENT OF SERVICES

GAIL (India) Limited

(Rev. 0)
GCC-SERVICES

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 TABLE OF CONTENTS

Sl. No. Description

SECTION – I DEFINITIONS & INTERPRETATIONS
1.1 Definition of Terms
1.2 Interpretations & Priority of Contract Documents
1.3 Special Conditions of Contract
SECTION – II GENERAL INSTRUCTIONS & OBLIGATIONS
2.1 Formation of Contract
2.2 Signing of Agreement
2.3 Addenda/Corrigenda
2.4 Liability of Government of India
2.5 Site Visit
2.6 Action in case of Corrupt/Fraudulent /Collusive /Coercive Practices and
Poor Performance
2.7 Retired Government or Employer’s Officers
2.8 Conflict of Interest
2.9 Abnormal Rates
2.10 General obligations of Service Provider
2.11 Service Provider’s Representative & Personnel
2.12 Service Provider’s Employees / Personnel
2.13 Contract Performance Security
2.14 Failure by the Service Provider to comply with the provisions of the
Contract
2.15 Service Provider remains liable to pay compensation if action not taken
under clause 2.13
2.16 Change in constitution
2.17 Termination of Contract
2.18 Amount Payable in case of Termination
2.19 Members of the Employer Not Individually Liable
2.20 Employer not Bound by Personal Representations
2.21 Force Majeure
2.22 Price Reduction Schedule
2.23 Assignment/Sublet
2.24 Liens
2.25 Delays by Employer or his Authorised Representative
2.26 No waiver of rights
2.27 Certificate not to affect right of employer and liability of Service Provider
2.28 Language and Measures
2.29 Release of Information
2.30 Completion Period, Contract Period and Completion of Contract
2.31 Independent Capacity
2.32 Notice
2.33 Confidentiality
2.34 Intellectual Property Right

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 SECTION – III PERFORMANCE OF SERVICE
3.1 Execution of services
3.2 Changes In Services
3.3 Action and compensation in case of poor service
3.4 Suspension of services
3.5 Defects Liability Period
3.6 Completion Certificate
3.7 Final Decision & Final Certificate
3.8 Limitation of Liability
3.9 Indemnity
SECTION – IV PAYMENT, INSURANCE AND TAXES
4.1 Deduction from the Contract price
4.2 Schedule of rates and payments
4.3 Procedure for Billing of Services
4.4 Notice of claims for additional payments
4.5 Insurance
4.6 Taxes and Duties
4.7 Income tax
4.8 Statutory variations
4.9 Damages to Property of any person and third party
SECTION – V LAWS, HEALTH, SAFETY & ENVIRONMENT
5.1 Labour Laws
5.2 Safety regulations
5.3 First aid and industrial injuries
5.4 General rules
5.5 Care in handling inflammable gas
5.6 Preservation of place
5.7 Environment
SECTION – VI DISPUTE RESOLUTION AND ARBITRATION
6.1 Dispute resolution
6.2 Arbitration
6.3 Jurisdiction
6.4 Continuance of The Contract
Appendix 1 Procedure for action in case of Corrupt /Fraudulent/ Collusive/ Coercive
practices
Appendix 2 Procedure for Evaluation of Performance of Vendors/ Suppliers/
Contractors / Consultants
Appendix 3 Proforma for Contract Agreement

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 SECTION – I DEFINITIONS & INTERPRETATIONS

1.1 Definition of Terms:

In this Contract (as defined here-in-after), save where the context otherwise requires, the
following words and expressions shall have the meanings respectively assigned to them:

"Approved" means approval in writing including subsequent written confirmation of previous

verbal approval(s).

The "Bid /Tender/Offer" means the proposal along with required supporting documents
submitted by the Bidder/Service Provider for consideration by the Employer.

The ‘Bidder/Tenderer” means the person(s) / Firm / company /Corporation

/Organization/entity, who participated in the Tender.

“Completion Certificate” means the certificate to be issued by the Engineer In-charge (EIC)
when the Services have been completed entirely in accordance with Contract.

“Completion Date” means the date of actual completion of the services by the Service
Provider as certified by the Employer.

“Contract” means an agreement between Employer and the Service Provider/Supplier for
execution of the Service(s) as per Contract Documents and its subsequent amendment(s), if
any in writing thereto.

"Contract Documents" means collectively the Tender Documents, Designs, Drawings, Scope
of Services, Specifications, Schedule of Rates (SOR), Letter of Acceptance and agreed
variations if any, and such other documents constituting the tender and acceptance thereof.

"Day" means a calendar day of 24 hours from midnight to midnight irrespective of the number
of hours serviced in that day.

“Demobilization” means removal of all equipment, machinery, manpower from the site after
completion of the services with the due permission of EIC.

“Drawings” means and include all Engineering sketches, general arrangements/ layout
drawings, sectional plans, all elevations, etc. related to the Contract together with
modification and revision thereto.

The “Employer/Service Receiver/ Company/Owner” means GAIL (India) Limited (GAIL), a

public limited company, incorporated under the Company’s Act 1956 and having its
Registered office at 16, Bhikaiji Cama Place, New Delhi - 110066 and includes its successors,
assigns and Site(s)/work center(s).

The “Engineer-In-Charge" (EIC) means the person designated from time to time by Employer
and shall include those who are expressly authorized by him to act for and on his behalf for
operation/execution of this Contract for Services.
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 “Equipment/Materials/Goods” means and include all equipment, machinery, stores, goods
which are required under the Contract for satisfactory performance of Services by the Service
Provider.

"Fax of Acceptance” means intimation regarding notification of award by the Employer to

the successful Bidder/Service Provider through a Fax/ Letter conveying that the
Tender/Bid/Offer has been accepted in accordance with the provisions contained therein.

“Guarantee/Warranty/ Defect Liability Period (DLP)” means the period and other conditions
governing the warranty/guarantee/defect liability period of the services as provided in the
Contract.

"Metric System": All technical documents are given in the metric system and all service
should be carried out according to the metric system. All documents concerning the service
shall also be maintained in the metric system.

“Mobilization” means stabilizing adequate infrastructure at designated Site comprising of

Equipment, aids, tools, tackles, instruments, Goods & Materials, experienced manpower,
supported with supervising personal in order to provide services as per the provision of
Contract document.

“Negligence” means any act or failure to act (whether sole, joint or concurrent) by a person
or an entity which was intended to cause, or which was reckless disregard of or wanton
indifference to, avoidable and harmful consequences such person or entity knew, or should
have known, would result from such act or failure to act. Notwithstanding the foregoing,
negligence shall not include any action taken in good faith for the safeguard of life or property.

The "Service(s)" means and include all services and activities/jobs to be performed by the
Service Provider 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 services and approvals
from any agency/third party & license(s)/permissions from statutory authorities (if any), as
required for purpose of the Contract.

The "Service Provider" means Bidder/Tenderer whose tender has been accepted by the
Employer and includes the Service Provider's legal representative(s), his successor(s) and
permitted assign(s).

“Service Provider’s/ Bidder’s Representative” means such person(s) duly authorized by the
Bidder/Service Provider in writing to the Employer as having authority to act for and on
behalf the Bidder /Service Provider in matters affecting the Services and to provide the
requisite services to Employer.

“Site” means the place(s) provided by the Employer where the Services are to be carried
out/executed and any other place(s) as may be specifically designated in the Contract as
forming part of the site.

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 “Specifications” means and include detailed description, statements to technical data,
performance characteristics, and standards (Indian as well as International) as applicable and
as specified in the Contract.

The "Sub-Service Provider" means any person / firm / Organization / company /entity (other
than the Service Provider) and it’s legal representatives, successors and permitted assigns
named in the Contract as a Sub-Service Provider for a part of the Services or to whom a part
of the Services has been sub-Contracted with the written prior consent of the Employer.

"Value of Contract” or “Total Contract Price” means the sum accepted or the sum calculated
in accordance with the prices accepted in the Contract as payable to the Service Provider for
the entire execution and full completion of the service, including Amendment(s) to Contract,
if any.

"Week" means a period of any consecutive seven Days.

“Willful Misconduct” means intentional disregard of good and prudent standards of

performance or proper conduct under the Contract with knowledge that it is likely to result in
any injury to any person or loss or damage of property.

“Working Day” means any Day which is not declared by the Employer to be holiday or off-
day.

1.2 INTERPRETATIONS & PRIORITY OF CONTRACT DOCUMENTS

1.2.1 The documents forming the Contract are to be read together and interpreted as mutually
explanatory of one another. If there is a direct inconsistency in specific obligation(s), then for
the purposes of interpretation, and unless otherwise provided in the Contract, the priority of
the Contract Documents shall be in accordance with following sequence:
i) The Contract Agreement
ii) Detailed Letter of Acceptance along with its enclosures
iii) Fax of Acceptance
iv) Scope of Works/ Job Specifications (specific to particular job only, wherever
provided)
v) Drawings
vi) Special Conditions of Contract (SCC)
vii) Technical Specifications (wherever applicable)
viii) Instructions to Bidders (ITB)
ix) General Conditions of Contract (GCC)
x) Other Documents

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.

Any amendment/change order issued by Employer upon signing of formal Contract shall take
precedence over respective clauses of the formal Contract and its annexures.
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 The higher priority interpretation shall be adopted only to the extent required to deal with an
inconsistency. Specific term(s) agreed take priority over general statement(s) and terms in
Contract Document created at a later date govern over terms in earlier Contract Document.
Subject to foregoing, the terms of the groups of documents set out above have equal
importance within their group.

1.2.2 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 thereof the
Contract.

1.2.3 Singular and Plural: In Contract Documents unless otherwise stated specifically, the singular
shall include the plural and vice versa wherever the context so requires.

1.2.4 Gender: Where the context so requires, words imparting the masculine gender shall also include
the feminine gender and the neuter gender and vice versa.

1.2.5 Severability: Should any provision of this Contract be found to be invalid, illegal or otherwise
not enforceable by any court of law, such finding shall not affect the remaining
provision(s)/clause(s) hereto and they shall remain binding on the parties hereto.

1.3 SPECIAL CONDITIONS OF CONTRACT:

1.3.1 Special Conditions of Contract consisting of scope of services, specification of Services &
items etc. shall be read in conjunction with the General Conditions of Contract, and any other
documents forming part of this Contract wherever the context so requires.

1.3.2 Notwithstanding the sub-division of the documents into these separate sections and volumes
every part of each section/volume 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.

1.3.3 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.

1.3.4 Wherever it is mentioned in the Specifications that the Service Provider shall perform certain
Service or provide certain facilities, it is understood that the Service Provider 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.

1.3.5 The materials, design and services shall satisfy the relevant Standards, the Job Specifications
contained herein and Codes referred to. Where the job specification stipulate requirements in

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 addition to those contained in the standard codes and specifications, these additional
requirements shall also be satisfied.
SECTION – II

2.0 GENERAL INSTRUCTIONS & OBLIGATIONS

2.1 FORMATION OF CONTRACT:

2.1.1 Employer will be the sole judge in the matter of award of Contract and the decision of
Employer shall be final and binding.

2.1.2 The acceptance of tender will be intimated to the successful Bidder by the Employer either
by Fax / E - mail /Letter or like means defined as Fax of Acceptance (FOA).

2.1.3 The Contract shall come into force on the date of FOA and the same shall be binding on
Employer and Service Provider.

2.2 SIGNING OF AGREEMENT:

2.2.1 The successful Tenderer/Service Provider shall be required to execute an Agreement within
15 days of the FOA in the format attached/enclosed with Tender Document. In the event of
failure on the part of the Service Provider to sign the Agreement within the aforesaid
stipulated period, the Earnest Money Deposit or initial Security Deposit/Performance Security
Deposit (as available, preferably the later) will be forfeited and Employer may consider the
Contract as terminated..

2.3 ADDENDA/CORRIGENDA:

2.3.1 Addenda/ Corrigenda to the Tender Documents incorporating modification(s) and

clarification(s) to the Tender Document issued prior to the due date of bid submission shall
become integral part of the Contract.

2.4 LIABILITY OF GOVERNMENT OF INDIA:

2.4.1 It is expressly understood and agreed by and between Bidder /Service Provider and Employer
that Employer 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 Employer 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/Service Provider
expressly agrees, acknowledges and understands that Employer is not an agent, representative
or delegate of the Government of India. It is further understood and agreed that the
Government of India is not and shall not be liable for any acts, omissions, commissions,
breaches or other wrongs arising out of the Contract. Accordingly, Bidder/Service Provider
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

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 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/Contract.

2.5 SITE VISIT:

2.5.1 The Bidder/Service Provider shall be deemed to have visited the Site(s)/work centre(s) and
familiarized itself while submitting the Tender. Non-familiarity with the Site conditions by
the Bidder/ Service Provider will not be considered a reason either for extra claim(s) or for
any delay in performance or any other claim in this regard.

2.6 ACTION IN CASE OF CORRUPT/ FRAUDULENT/ COLLUSIVE/ COERCIVE

PRACTICES AND POOR PERFORMANCE:

The Bidder(s)/Service Provider(s) are required to abide by the following documents:

(i) The procedure for action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices
containing provisions for putting a Bidder/Service Provider on suspension and/or banning list
(as the case may be) if such an agency has indulged in Corrupt/ Fraudulent/ Collusive/
Coercive Practices.

The Procedure is enclosed as Appendix 1 to this GCC.

Further, Bidder(s)/Service Provider(s) accepts and certifies that they would adhere to the
Fraud Prevention Policy of GAIL and shall not indulge themselves or allow others (working
in GAIL) to indulge in fraudulent activities and that they would immediately apprise the
Owner/GAIL/Organization(s) of the fraud/ suspected fraud as soon as it comes to their notice.
The Fraud Prevention Policy document is available on GAIL’s website
([Link]).

(ii) The procedure for evaluation of performance of Service Provider containing provisions for
putting a Service Provider on suspension and/or holiday list (as the case may be).

The Procedure is enclosed as Appendix 2 to this GCC.

2.7 RETIRED GOVERNMENT OR EMPLOYER’s OFFICERS:

2.7.1 No Employee/Officer employed in Engineering or Administrative duties in an Engineering

Department of the States/ Central Government or of the Employer is allowed to service as a
Service Provider for a period of one year after his retirement /resignation /severance 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 terminated if either the
Service Provider 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 Service Provider's service as the case may
be.

2.8 CONFLICT OF INTEREST:

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 2.8.1 During the currency of Contract and after its termination, the Service Provider and its
affiliates, shall be disqualified from providing any goods, works or services for any project
resulting from or closely related to the Services.

2.9 ABNORMAL RATES:

2.9.1 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. In case, it is noticed that the rates quoted by the Tenderer for any item are unusually
higher or unusually lower, it will be sufficient cause for the rejection of the tender/bid 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).

2.9.2 In case of Abnormally High Rated (AHR) item(s), the same shall be dealt as per AHR clause
in the SCC (as applicable).

2.10 GENERAL OBLIGATIONS OF SERVICE PROVIDER:

Service Provider shall, in accordance with and subject to the terms and conditions of this
Contract:

2.10.1 perform the services in accordance with the Scope of Services /Specifications and Activity
Schedule of the Tender Document and carry out its obligations with all due diligence and
efficiency, in accordance with generally accepted professional techniques and practices and
shall observe sound management practices and employ appropriate advance technology and
safe methods. When completed, the job/services shall be fit for the purpose for which the
services are intended as specifically defined in the Contract.

2.10.2 provide all labour as required to provide the Service unless otherwise provided in the Scope
of Services or Special Conditions of the Contract.

2.10.3 perform all other obligations, jobs / services which are required by the terms of this Contract
or which reasonably can be implied from such terms as being necessary for providing
necessary service as per the Contract.

2.10.4 be deemed to have satisfied himself before submitting his bid as to the correctness and
sufficiency of its bid for the services required and of the rates and prices quoted, which rates
and prices shall, except insofar as otherwise provided, cover all its obligations under the
Contract.

2.10.5 give or provide all necessary supervision during the performance of the services and as long
thereafter within the warranty period/DLP as Employer may consider necessary for the proper
fulfilling of Service Provider's obligations under the Contract.

2.10.6 not disrupt the Services of the Employer being carried out by the Service Provider / and shall
provide access for carrying out job/services to:

- Employer’s personnel(s), and /or

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 - any other Contractor(s) / Service Provider(s) employed by Employer, and /or
- personnel of public authority(ies)/third party(ies)

Further, the Service Provider shall execute the job carefully without causing damage to the
existing facility(ies) and facility(ies) of third party(ies) and in case of such happening shall
immediately bring to the notice of EIC..

Further, the coordination and inspection of the day-to-day job under the Contract shall be the
responsibility of the Engineer-in-Charge (EIC). The EIC or his authroised representative
including any statutory authority shall at all reasonable times, have full power and authority
to access and inspect the Services wherever in progress either on the Site or at the Service
Provider’s premises/workshops and the Service Provider shall afford or procure every facility
and assistance to carry out such inspection. Such Inspection shall not release the Service
Provider from any obligation under the Contract.

2.11 SERVICE PROVIDER’s REPRESENTATIVE & PERSONNEL:

2.11.1 Service Provider shall appoint a person (“Service Provider’s Representative”) who shall be
responsible for and authorized to represent it at all times during the progress of the Service
and to receive and to act on any request made by Employer in the performance of the Service
pursuant to the terms of this Contract.

2.11.2 Service Provider's Representative shall have full authority to represent and bind the Service
Provider in relation to any matter concerning the Service Provider’s performance of the
services under the Contract and Employer shall be entitled to rely on all the decisions of the
Service Provider’s Representative as if they were the decisions of the Service Provider.

2.11.3 Service Provider's Representative shall supervise, coordinate and ensure the quality of all
aspects of his obligations under this Contract. Service Provider shall not change its
Representative without the prior approval of Employer.

2.11.4 Service Provider's Representative shall liaise with Employer for the proper coordination and
timely completion of the Services and on any matter pertaining to the same.

2.11.5 Service Provider's Representative shall extend full cooperation to Employer’s

representatives/inspector in the manner required by them for supervision /inspection/
observation of equipment, material, procedures, performance, reports and records pertaining
to Services.
2.11.6 Service Provider's Representative shall have complete charge of his personnel engaged in the
performance of the Service and to ensure compliance of rules and regulations and safety
practice.
2.11.7 If the Service Provider’s Representative is found not acceptable to the EIC, the Service
Provider shall, as soon as practicable, having regard to the requirement of replacing him, after
receiving notice of such withdrawal, remove the representative and shall not thereafter
employ him again on the Services in any capacity and shall replace him by another
representative acceptable to the EIC.

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 2.12 SERVICE PROVIDER’S EMPLOYEES / PERSONNEL:
The Service Provider in connection with performing the Services and remedying of any
defects, shall provide:
(a) only such skilled and experienced personnel(s) in their respective areas; and
(b) such skilled, semi-skilled and un-skilled labour as is necessary for the proper and
timely fulfilling of the Service Provider’s obligations under the Contract.
The Service Provider shall provide skilled / qualified /experienced personnel, if specified in
the SCC /Scope of Work.
While engaging the contractual manpower, Service Provider is required to make effort to
provide opportunity of employment to the people belonging to Scheduled Castes and weaker
sections of society also in order to have a fair representation of these sections.

2.13 CONTRACT PERFORMANCE SECURITY (CPS):

2.13.1 The Service Provider shall provide Contract Performance Security (CPS) to the Employer,
within 30 days from the date of notification of award (i.e. FOA/Letter of Acceptance) or the
date specified in the notification of award whichever is earlier, for an amount mentioned
therein. The CPS shall be returned/refunded three months after Contract completion period
and Defects Liability Period (DLP), if any. All costs associated with CPS shall be borne by
the Service Provider. No charges or interest shall be payable by the Employer even if the CPS
is in the form of a Demand Draft.
2.13.2 The Service Provider shall furnish the CPS in the form of a Demand Draft or a Bank Guarantee
or 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, for other than the Nationalized Indian Banks, the banks whose BGs
are furnished, must be commercial banks having net worth in excess of Rs. 100 crores and a
declaration to this effect should be made by such commercial bank either in the bank
guarantee itself or separately on a letter head. The bank guarantee or the Letter of Credit shall
be submitted in the prescribed format.

2.13.3 If the Service Provider or their employees /agents / representatives or Sub-Service Provider
(if authorized by Employer) shall damage, break, deface or destroy any property /equipment
belonging to the Employer or third party(ies) during the execution of this Contract, the same
shall be made good by the Service Provider at his own expenses and in default thereof, the
EIC may cause the same to be made good by other agencies and recover expenses plus 15%
overhead from the Service Provider. The decision of EIC in this matter shall be final and
binding on the Service Provider.

2.13.4 All compensation, claim or other sums of money payable by the Service Provider to the
Employer under terms of this Contract may be deducted from or paid by the encashment of
a sufficient part of his Contract Performance Security or from any sums which may be due or
may become due to the Service Provider by the Employer on any account whatsoever and in
the event of his CPS being reduced by reasons of any such deductions or sale of aforesaid,
the Service Provider shall within ten days thereafter make good in form of bank
draft(s)/BG/LC (as the case may be) as aforesaid any sum or sums which may have been
deducted from or realised by encashment of his CPS, or any part thereof. The Service Provider
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 shall pay to the Employer on demand without protest any balance remaining due. In this
regard no interest shall be payable by the Employer to Service Provider for such sum
deposited as CPS.

2.13.5 The CPS deposit shall cover the entire Contract value including extra jobs/ services. As long
as the CPS submitted at the time of award take cares the extra jobs/ 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 exceed the ceiling of awarded Contract
Value, the Service Provider should furnish additional CPS through DD or submit amendment
to existing BG/LC to effect the enhancement of CPS.

2.13.6 Failure of the successful bidder to comply with the requirements of Clause 2.13 shall constitute
sufficient grounds for the annulment of the award, the forfeiture of CPS and any other actions
or remedies available to the Employer.

2.14 FAILURE BY THE SERVICE PROVIDER TO COMPLY WITH THE PROVISIONS

OF THE CONTRACT:

2.14.1 If the Service Provider refuses or fails to provide the Service or any part thereof with such
diligence as will ensure its performance within the time specified in the Contract or 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 Service Provider:

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 Service Provider shall stop forthwith any
of the Service then in progress, except such Service 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 Service remaining unfinished by the
Service Provider and complete the same through another service provider or by other
means, at the risk and cost of the Service Provider, and any of his sureties if any, shall
be liable to the Employer for any excess cost occasioned by such service having to be
so taken over and obtained by the Employer over and above the cost at the rates
specified in the schedule of quantities and rate/prices.

b) WITHOUT DETERMINING THE Contract to take over the Service of the Service
Provider or any part thereof and complete the same through other service provider or
by other means at the risk and cost of the Service Provider. The Service Provider 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
services having been taken over and completed by the Employer.

2.14.2 In such events of Clause 2.14.1(a) or (b) above, the following shall be applicable:-

a) The whole or part of the Contract Performance Security furnished by the Service
Provider is liable to be forfeited without prejudice to the right of the Employer to
recover from the Service Provider the excess cost referred to in the sub-clause
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 aforesaid. The Employer shall also have the right of taking possession and utilising in
completing the services or any part thereof, such as materials, equipment and plants
available at service site belonging to the Service Provider as may be necessary and the
Service Provider shall not be entitled for any compensation for use or damage to such
materials, equipment and plant.

b) The amount that may have become due to the Service Provider on account of service
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 Service or part thereof by the Employer as the case may be, during which
period the responsibility for faulty material or workmanship in respect of such service
shall, under the Contract, rest exclusively with the Service Provider. 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.

2.14.3 Before taking any action as per Clause 2.14.1(a) or (b) if in the judgment of the Employer, the
default or defaults committed by the Service Provider is/are curable and can be cured by the
Service Provider if an opportunity given to him, then the Employer may issue Notice in
writing calling the Service Provider to cure the default within such time specified in the
Notice.

2.14.4 The Employer shall also have the right to proceed or take action as per 2.14.1(a) or (b) above,
in the event that the Service Provider becomes bankrupt, insolvent, compounds with his
creditors, assigns the Contract in favour of his creditors or any other person(s) 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 Service Provider.
2.14.5 Termination of the Contract as provided for in sub- clause 2.14.1(a) above shall not prejudice
or affect their rights of the Employer which may have accrued upto the date of such
termination.

2.15 SERVICE PROVIDER REMAINS LIABLE TO PAY COMPENSATION IF ACTION

NOT TAKEN UNDER CLAUSE 2.14

2.15.1 If in any case in which any of the powers conferred upon the Employer by clause 2.14 thereof
shall have become exercisable and the same had not been exercised, the 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 Service
Provider 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 Service
Provider for past and future compensation shall remain unaffected. In the event of the
Employer putting in force the power under above sub-clause 2.14 (a) or 2.14 (b) 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 at the site thereof belonging to the Service Provider or
procured by him and intended to be used for the execution of the Service 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 EIC whose certificate thereof shall be
final, otherwise the EIC may give notice in writing to the Service Provider or Service
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 Provider’s Representatives requiring him to remove such tools, plant, materials or stores from
the premises (within a time to be specified in such notice).

Failure of any action by the Service Provider for removal of material/tools/plant/store etc.
within the period mentioned in notice of EIC, the Employer shall also be entitled to recover
handling and storage charges @5% of the estimated value of material tools/plant/store for
each month or part of a month without relieving the Servicer Provider from any other related
liability. In the event of the Service Provider’s failure to remove the same within a period of
6 months or as decided by the EIC, the EIC may take action for removal through auction or
private sale on behalf of the Service Provider and at his risk in all respects. The Service
Provider shall be liable to pay the Employer the handling & storage charges per month or a
part of the month from the date of serving the notice by the EIC to the date of removal of the
materials by the Employer plus overhead charges @ 15% of sale value of such materials. In
case of negative or zero sale value, the overhead charges shall be applicable on the handling
& storage charges. The decision of EIC w.r.t. such removal and the amount of the proceeds
shall be final and binding on the Service Provider.
2.16 CHANGE IN CONSTITUTION:

2.16.1 Where the Service Provider 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
Service Provider is an individual or a Hindu undivided family business concern, such
approval as aforesaid shall, likewise be obtained before such Service Provider enters into any
agreement with other parties, where under, the reconstituted firm would have the right to carry
out the service hereby undertaken by the Service Provider. In either case if prior approval as
aforesaid is not obtained, the Contract shall be deemed to have been allotted in contravention
of clause 2.23 hereof.

2.17 TERMINATION OF CONTRACT:

2.17.1 TERMINATION OF CONTRACT FOR DEATH

If the Service Provider is an individual or a proprietary concern and the individual or the
proprietor dies or if the Service Provider 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
proprietary concern or the surviving partners are capable of carrying out and completing
Contract, 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 deceased Service
Provider and/or to the surviving partners of the Service Provider's firm on account of the
cancellation of Contract. The decision of the Employer/EIC in such assessment shall be final
& binding on the parties. In the event of such cancellation, the Employer shall not hold the
estate of the deceased Service Provider and/or the surviving partners of Service Provider's
firm liable for any damages for non-completion of the Contract.

2.17.2 TERMINATION OF CONTRACT IN CASE OF LIQUIDATION / BANKRUPTCY,

ETC.

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 If the Service Provider 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 Service Provider or to give the Receiver or Liquidator or other person,
the option of carrying out the Contract subject to his providing a guarantee up to an amount
to be agreed upon by the Employer for due and faithful performance of the Contract.

2.17.3 TERMINATION OF CONTRACT FOR CORRUPT / FRADULENT / COLLUSIVE /

COERCIVE PRACTICES AND NON-PERFORMANCE

If the Bidder/Service Provider is found to have indulged in Corrupt/ Fraudulent

/Collusive/Coercive practices, the Contract shall be terminated and the Bidder/ Service
Provider shall be banned for future business with GAIL. The detailed procedure for banning
including suspension in this regard may be referred as enclosed as Appendix 1.

Due to non-performance of the Service Provider leading to termination of the Contract, the
Service Provider initially shall be put on suspension list and thereafter on holiday list of
Employer for a period mentioned in the detailed procedure, to be reckoned from the date of
communication by Owner/Employer. The detailed procedure for evaluation of performance
in this regard may be referred as enclosed as Appendix 2.

2.17.4 TERMINATION FOR CONVENIENCE

Notwithstanding anything contained in the Contract, the Employer may, by 30 (Thirty) days
written notice, terminate the Contract in whole or in part. In addition to the payment
mentioned at clause 2.18, the Service Provider shall be compensated for de-mobilization and
other costs incurred at mutually negotiated terms.

In case of such termination, the obligation of the Employer to pay, shall be limited to the
extent of work/job completed by the Service Provider as per provision of the Contract upto
the date of termination, subject to the Service Provider complying with other terms of the
Contract.

Notwithstanding the termination of the Contract, the parties shall continue to be bound by the
provisions of this Contract that reasonably require some action or forbearance after such
termination.

2.18 AMOUNT PAYABLE IN CASE OF TERMINATION:

2.18.1 In all cases of termination herein set forth, the obligation of the Employer to pay, shall be
limited to the extent of service rendered by Service Provider as per provision of the Contract
upto the date of termination, subject to the Service Provider complying with other terms of
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 the Contract. Notwithstanding the termination of the Contract, the parties shall continue to be
bound by the provisions of this Contract that reasonably require some action or forbearance
after such termination.

2.19 MEMBERS OF THE EMPLOYER NOT INDIVIDUALLY LIABLE:

2.19.1 No Director, or official or employee of the Employer 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.

2.20 EMPLOYER NOT BOUND BY PERSONAL REPRESENTATIONS:

2.20.1 The Service Provider shall not be entitled to any increase on the scheduled rates or any other
right or claim whatsoever by reason of any representation, explanation statement or alleged
representation, promise or guarantees given or alleged to have been given to him by any
person.

2.21 FORCE MAJEURE:

2.21.1 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 Majeure 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 include:

(a) act of terrorism;

(b) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not),
civil war, rebellion, revolution, insurrection of military or usurped power;
(c) ionising radiation or contamination, radio activity from any nuclear fuel or from any
nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other
hazardous properties of any explosive assembly or nuclear component;
(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical natural
disaster, but excluding weather conditions regardless of severity; and
(e) freight embargoes, strikes at national or state-wide level or industrial disputes at a
national or state-wide level in any country where Works/Services are performed, and
which affect an essential portion of the Works/Services but excluding any industrial
dispute which is specific to the performance of the Works/Services or the Contract.

For the avoidance of doubt, inclement weather, third party breach, delay in supply of materials
(other than due to a nationwide transporters’ strike) or commercial hardship shall not
constitute a Force Majeure event.

2.21.2 Notification of Force Majeure

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 The affected party shall notify within 10 (ten) days of becoming aware of or the date it ought
to have become aware of the occurrence of an event of Force Majeure giving full particulars
of the event of Force Majeure and the reasons for the event of Force Majeure preventing the
affected party from, or delaying the affected party in performing its obligations under the
Contract.

2.21.3 Right of either party to terminate

If an event of Force Majeure occurs and its effect continues for a period of 180 (one hundred
eighty) days or more in a continuous period of 365 (three hundred sixty five) days after notice
has been given under this clause, either party may terminate the Contract by issuing a written
notice of 30 (thirty) days to the other party.
Further, the Service Provider shall with all reasonable diligence remove from the Site all the
Service Provider's equipment and shall give similar facilities to his Sub Service Provider to
do so.

2.21.4 Payment in case of termination due to Force Majeure

The Contract Price attributable to the Works/Services performed till the date of the
commencement of the relevant event of Force Majeure with effective recovery/ retention shall
be payable to Service Provider.

The Service Provider has no entitlement and Employer has no liability for:

a) any costs, losses, expenses, damages or the payment of any part of the Total Contract
Price during an event of Force Majeure; and

b) any delay costs in any way incurred by the Service Provider due to an event of Force
Majeure.

2.21.5 Time for performance of the relative obligation suspended by the Force Majeureshall then
stand extended by the period for which such cause lasts.

2.21.6 Outbreak of War:

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 Service Provider 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/Services, 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 Service Provider 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.

2.22 PRICE REDUCTION SCHEDULE:

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 2.22.1 Time is the essence of the Contract. In case the Service Provider fails to mobilize / deploy the
required manpower and the complete equipments so as to commence the Services within
Mobilisation Period and complete the Services within the stipulated period, then, unless such
failure is due to Force Majeure as defined in Clause 2.21 herein above or due to Employer's
defaults, the total Value of Contract shall be reduced by ½ (half) % of the total Value of
Contract per complete week of delay or part thereof subject to a maximum of 5 (five) % of
the total Value of Contract, by way of reduction in price for delay and not as penalty.

The Employer shall be at liberty to adjust or deduct the said amount from amount due to the
Service Provider / it’s Contract Performance Security payable on demand.

The decision of the EIC with respect to applicability of Price Reduction Schedule shall be
final and binding on the Service Provider.

2.22.2 The parties agree that this is a genuine pre-estimate of the loss/damage which will be suffered
by the Employer on account of delay on the part of the Service Provider and the said amount
will be adjusted for the amount payable to the Service Provider, without there being any proof
of the actual loss or damages having been caused by such delay/breach.

2.22.3 The Price Reduction will be calculated on the basis of total Value of Contract / executed
Value of Contract (as the case may be) excluding taxes and duties where such taxes and duties
have been shown separately in the Contract.

2.22.4 As mentioned above, in case of delay in execution of Contract, Service Provider will raise
invoice for reduced value as per Price Reduction Clause. If Service Provider has raised the
invoice for full value, then Service Provider will issue Credit Note towards the applicable
Price Reduction Schedule amount.
In case Service Provider fails to submit the invoice for reduced value or does not issue credit
note as mentioned above, GAIL will release the payment to Service Provider after effecting
the Price Reduction Schedule clause.
In the event 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.

2.23 ASSIGNMENT/SUBLET:

2.23.1 The Service Provider shall not, save with previous written consent of the Engineer-in-charge,
sublet, transfer or assign the Contract or any part thereof or interest therein or benefit or
advantage thereof in any manner whatsoever. Provided, nevertheless, that any such consent
shall not relieve the Service Provider from any obligation, duty or responsibility under the
Contract.

2.23.2 The basic scope of Services cannot be sublet. However, on specific request of the Service
Provider and subject to written consent of Employer, the Service Provider may sublet
allied/incidental jobs related to the Services. Such consent shall not relieve the Service
Provider from any obligation, duty or responsibility under the Contract and Service Provider

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 shall be fully responsible for the Services hereunder and the execution and performance of
the Contract.

2.23.3 Sub-letting of whole Contract is prohibited. An undertaking to this effect will be given by
Service Provider along with each invoice/ bill.

2.24 LIENS:

2.24.1 If, at any time there should be evidence of any lien or claim for which the Employer might
have become liable and which is chargeable to the Service Provider, 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 Service Provider.
If any lien or claim remain unsettled after all payments are made, the Service Provider 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.

2.24.2 The Employer shall have lien on all materials, equipments including those brought by the
Service Provider for the purpose of providing service.

2.24.3 The final payment shall not become due until the Service Provider delivers to the EIC 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 Service Provider in a form approved by EIC that all
invoices for labour, materials, services have been paid in lien thereof and if required by the
EIC in any case an affidavit that so far as the Service Provider has knowledge or information
the releases and receipts include all the labour and material for which a lien could be filled.

2.24.4 Service Provider will indemnify and hold the Employer harmless, for a period of two years
after the issue of Completion/Execution Certificate, from all liens and other encumbrances
against the Employer on account of debts or claims alleged to be due from the Service
Provider or his Sub-Service Provider to any person and on behalf of Employer, the Service
Provider will defend at his own expense, any claim or litigation brought against the Employer
or the Service Provider including Sub-Service Provider in connection therewith. Service
Provider shall defend or contest at his own expense, any fresh claim or litigation against the
Employer by any person including his Sub-Service Provider, till its satisfactory settlement
even after the expiry of two years from the date of issue of Completion/Execution Certificate.

2.25 DELAYS BY EMPLOYER OR HIS AUTHORISED REPRESENTATIVE:

2.25.1 In case the Service Provider's performance is delayed due to any act or omission on the part
of the Employer or his authorized Representative, then the Service Provider shall be given
due extension of time for the completion of the Service, to the extent such omission on the
part of the Employer has caused delay in the Service Provider's performance of his Services.

2.25.2 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 Service Provider to maintain the agreed Time Schedule of Completion. In
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 such an event the Service Provider shall be obliged to provide Service for additional time
beyond stipulated time including Off-days / Holidays or by enhancing resources to achieve
the completion date/interim targets.

2.26 NO WAIVER OF RIGHTS:

2.26.1 None of the terms and conditions of this Contract shall be deemed waived by either party
unless such waiver is executed in writing by the duly authorized representative of both the
parties.

2.27 CERTIFICATE NOT TO AFFECT RIGHT OF EMPLOYER AND LIABILITY OF

SERVICE PROVIDER:

2.27.1 No interim payment certificate(s) issued by the EIC of the Employer, nor any sum paid on
account by the Employer, nor any extension of time for execution of the service granted by
Employer shall affect or prejudice the rights of the Employer against the Service Provider or
relieve the Service Provider of his obligations for the due performance of the Contract, or be
interpreted as approval of the Service done and no certificate shall create liability for the
Employer to pay for alterations, amendments, variations or additional services not ordered, in
writing, by Employer or discharge the liability of the Service Provider 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.

2.28 LANGUAGE AND MEASURES:

2.28.1 All documents pertaining to the Contract including Specifications, Schedules, Notices,
Correspondence, operating and maintenance Instructions or any other writing shall be written
in English/Hindi language. The Metric System of measurement shall be used in the Contract
unless otherwise specified.

2.29 RELEASE OF INFORMATION:

2.29.1 The Service Provider shall not communicate or use in advertising, publicity, sales releases or
in any other medium, photographs, or other reproduction of the Service under this Contract
or description of the site dimensions, quantity, quality or other information concerning the
Service unless prior written permission has been obtained from the Employer.

2.30 COMPLETION PERIOD, CONTRACT PERIOD AND COMPLETION OF

CONTRACT:

2.30.1 The Completion Period of Service and Contract Period shall be as mentioned in Special
Conditions of Contract.

2.30.2 Unless terminated under the provisions of any other relevant clause, this Contract shall be
deemed to have been completed at the expiration of the Defect Liability Period as provided
for under the Contract.

2.31 INDEPENDENT CAPACITY

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 2.31.1 The parties intend that an independent Service Provider relationship will be created by this
Contract. The Service Provider and his/her employees or agents performing under this
Contract are not employees or agents of the Employer. The Service Provider will neither hold
himself/herself out as nor claim to be an officer or employee of the Employer by reasons
hereof, nor will the Service Provider make any claim of right, privilege or benefit that would
accrue to such employee under law. Conduct and control of work will be solely with the
Service Provider.

2.32 NOTICE

2.32.1 TO THE SERVICE PROVIDER: Any notice to be given to the Service Provider or his duly
authorised representative at the job Site under the terms of the Contract may be served by the
Employer by facsimile / e-mail or through registered post/Courier at the address/contact
information furnished by the Service Provider. Proof of issue of any such notice could be
conclusive of the Service Provider having been duly informed of all contents therein.

2.32.2 TO THE EMPLOYER: Any notice to be given to the EIC of the Employer under the terms
of the Contract may be served by the Service Provider, by facsimile / e-mail or delivering the
same through registered post /Courier at the concerned site office.

2.32.3 Either party may change a nominated address to another address in the country where the
Services are being provided by prior notice to the other party, with a copy to EIC and the EIC
may do so by prior notice to both the parties. The decision of EIC in this regard shall be final
and binding on the parties.

2.33 CONFIDENTIALITY:

The Service Provider, it’s Sub-Service Provider and their personnel shall not, either during
the term or within two (2) years after the expiration of this Contract, disclose any proprietary
or confidential information related to Service/project, this Contract, or Employer’s business
or operations without the prior written consent of the Employer.

2.34 INTELLECTUAL PROPERTY RIGHT:

The Service Provider shall retain the copy right and other intellectual property rights in the
Service Provider’s document and other design documents made by (or on behalf of) the
Service Provider.

Subject to the confidentiality obligations, by signing the Contract, within the Contract Price,
the Service Provider shall be deemed to give to the Employer a non-terminable, transferable,
non-exclusive and royalty-free right to copy, use and communicate the Service Provider’s
documents for the operation, maintenance, repair of the Service and Statutory purposes, but
not for any other purpose. Such documents of the Service Provider shall not be used, copied
or communicated to a third party by or on behalf of the Employer for the purposes other than
those permitted, without the Service Provider’s Consent.

SECTION - III
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 3.0 PERFORMANCE OF SERVICE

3.1 EXECUTION OF SERVICES:

3.1.1 All Services shall be provided in strict conformity with the provisions of the Contract
Documents and with such explanatory detailed specification and instruction as may be
furnished from time to time to the Service Provider by EIC. The Service Provider shall
undertake to perform all Services under this Contract with all reasonable skill, diligence and
care in accordance with sound industry practice or international / national standards, wherever
applicable (as the case may be) to the satisfaction of the Employer and accept full
responsibility for the satisfactory quality of such services as performed by them.

3.2 CHANGES IN SERVICES:

3.2.1 During the performance of the Services, EIC / Employer may make a change in the Services
within the general scope of this Contract including, but not limited to, changes in methodology
and minor additions to or deletions from the Services and Service Provider shall render the
service as changed. Changes of this nature will be affected by a written order (i.e.
Amendment) by the Employer. The time of completion of the said job may be extended for
the part of the particular job at the discretion of Engineer-In-Charge, for only such alterations
or substitutions of the Services, as he may consider just and reasonable.

3.2.2 If any change result in an increase in compensation payable to Service Provider or in terms
of a credit to be passed on to Employer, Service Provider shall submit to EIC an estimate of
the amount of such compensation or credit in a form prescribed by Employer. Such estimates
shall be based on the rates shown in the Schedule of Rates. Upon review of Service Provider's
estimate, Employer shall establish and set forth in the written order the amount of the
compensation or credit for the change or a basis for determining a reasonable compensation
or credit for the change.

3.3 ACTION AND COMPENSATION IN CASE OF POOR SERVICE:

3.3.1 If it shall appear to the EIC that any service has been rendered with unsound, imperfect or
unskilled way, or with materials /manpower of any inferior description, or that any materials
/ manpower provided by the Service Provider for the execution of the Service are unsound,
or of a quality inferior to that Contracted for, or otherwise not in accordance with the Contract,
the Service Provider shall on demand in writing from the EIC or his authorized representative
specifying the Service, materials or manpower complained of notwithstanding that the same
may have been inadvertently passed, certified and paid for, forthwith rectify the service so
specified and at his own cost and in the event of failure to do so within the period specified
by the EIC in his demand aforesaid, the Service Provider shall be liable to pay compensation
at the rate of 1 % (One percent) of the estimated cost of the whole Service, for every week
limited to a maximum of 10% (ten percent) of the value of the whole Service, in event of his
failure to do so the EIC may on expiry of notice period rectify/re-execute the Service as the
case may be at the risk and expense in all respects of the Service Provider or may terminate
the contract due to non-performance. The decision of the EIC as to any question arising under
this clause shall be final and conclusive.

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 3.4 SUSPENSION OF SERVICES:

3.4.1 Subject to the provisions of sub-para 3.4.2 of this clause, the Service Provider shall, if ordered
in writing by the EIC, temporarily suspend the Services or any part thereof for such written
order and not proceed with the Service therein ordered to be suspended until, he shall have
received a written order to proceed therewith. The Service Provider shall not be entitled to
claim compensation for any loss or damage sustained by him by reason of temporary
suspension of the Services aforesaid. An extension of time for completion, corresponding
with the delay caused by any such suspension of the Services as aforesaid will be granted to
the Service Provider should he apply for the same provided that the suspension was not
consequent to any default or failure on the part of the Service Provider.

3.4.2 In case of suspensions of entire Service, ordered in writing by EIC, for a period of more than
two months, the Service Provider shall have the option to terminate the Contract.

3.5 DEFECTS LIABILITY PERIOD:

3.5.1 The Service Provider unless otherwise specified elsewhere in the tender document shall
guarantee the installation/Service for a period of 12 months from the date of completion of
Service mentioned in the Completion Certificate issued by the EIC. Any damage or defect
that may arise or lie 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 Service Provider at his own expense as deemed necessary by the
EIC. In case of default, the EIC may carry out such services by other service provider(s) and
deduct actual cost incurred towards labour, supervision and materials consumables or
otherwise plus 15% towards overheads from any sums that may then be or at any time
thereafter, become due to the Service Provider or from his Contract Performance Security, or
the proceeds of sale thereof or a sufficient part on thereof. The decision of EIC in this regard
shall be final and binding.

3.5.2 If the Service Provider feels that any variation in Service or in quality of materials or
proportions would be beneficial or necessary to fulfill the guarantees called for, he shall bring
this to the notice of the EIC in writing. If during the period of liability any portion of the
Service/Equipment, is found defective and is rectified/ replaced, the period of liability of 12
months for such equipment/ portion of Service shall be operative from the date such
rectification/ replacement are carried out and Contract Performance Guarantee shall be
furnished separately for the extended period of liability for that portion of Service/ Equipment
only. However, in no such case extension will exceed 24 months from the date of initial DLP.
Notwithstanding the above provisions the supplier's, guarantees/warrantees for the
replaced/rectified Equipment/Service shall also be passed on to the Employer.

3.6 COMPLETION CERTIFICATE:

3.6.1 APPLICATION FOR COMPLETION CERTIFICATE: When the Service Provider fulfills
his obligation under the Contract he shall be eligible to apply for Completion Certificate. The
EIC shall normally issue to the Service Provider the Completion Certificate within one month
after receiving any application thereof from the Service Provider after verifying from the
completion documents and satisfying himself that the Service has been rendered in
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 accordance with and as set out in the Contract Documents. The Service Provider, after
obtaining the Completion Certificate, is eligible to present the final bill for the Service
executed by him under the terms of Contract.

Completion of jobs/services for issuance of completion certificate shall constitute completion

of jobs/ services as per provisions of LOA/Contract duly accepted and certified by EIC.

3.6.2 COMPLETION CERTIFICATE: Within one month from receipt of application from Service
Provider after the completion of the Service in all respects as specified above at clause no.
3.6.1, the Service Provider shall be furnished with a certificate by the EIC of such completion,
but no certificate shall be given nor shall the Service be deemed to have been rendered until
all scaffolding, Equipment(s) & machine(s), surplus materials and rubbish brought for/
generated during execution of service is cleared off the Site completely. EIC’s certification
about completion of service in all aspects shall be binding and conclusive.

3.6.3 COMPLETION CERTIFICATE DOCUMENTS: For the purpose of Completion, the

following documents will be deemed to form the completion documents:

i) The technical documents according to which the Service was carried out.
ii) Material appropriation, Statement for the materials issued by the Employer for the
Service and list of surplus materials returned to the Employer's store duly supported
by necessary documents

3.6.4 EXECUTION CERTIFICATE:

Execution Certificate against Rate/ Maintenance contract shall be issued by EIC against
written request from Service Provider.

3.7 FINAL DECISION & FINAL CERTIFICATE:

3.7.1 Upon expiry of the period of liability and subject to the Engineer-in-Charge being satisfied
that the Service Provider has in all respect duly made-up any shortfall 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. The Service Provider 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.

3.8 LIMITATION OF LIABILITY

3.8.1 Notwithstanding anything contrary contained herein, the aggregate total liability of Service
Provider to Employerunder the Contract shall not exceed the Total Contract Value, except
that this clause shall not limit the liability of the Service Provider for following:
(a) In the event of breach of any Applicable Law;
(b) In the event of fraud, willful misconduct or illegal or unlawful acts, or gross Negligence
of the Service Provider or any person acting on behalf of the Service Provider; or
(c) In the event of acts or omissions of the Service Provider which are contrary to the most
elementary rules of diligence which a conscientious Service Provider would have followed in
similar circumstances; or
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 (d) In the event of any claim or loss or damage arising out of infringement of Intellectual
Property; or
(e) For any damage to any third party, including death or injury of any third party caused by
the Service Provider or any person or firm acting on behalf of the Service Provider in
executing the Works/Services.

However, neither party shall be liable to the other Party for any indirect nor consequential
loss or damage like loss of use, loss of profit, loss of production or business interruption which
is connected with any claim arising under the Contract.

3.9 INDEMNITY:

3.9.1 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
Service Provider 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 Service
Provider, his agents, representatives or his Sub- Service Provider's, or in connection with any
claim based on lawful demands of Sub-Service Provider's servicemen suppliers or employees,
the Service Provider, 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.

SECTION – IV

4.0 PAYMENT, INSURANCE AND TAXES

4.1 DEDUCTION FROM THE CONTRACT PRICE:

4.1.1 All costs, damages or expenses which Employer may have paid or incurred, which under the
provisions of the Contract, the Service Provider is liable to pay to the Employer. All such
claims shall be claimed by the Employer from the Service Provider regularly as and when
they fall due. Such claims shall be paid by the Service Provider within 15 (fifteen) days of the
receipt of the corresponding bills/ claims and if not paid by the Service Provider within the
said period, the Employer may, then, deduct the amount from any immediate moneys due to
the Service Provider like R.A Bills, Final Bills, Contract Performance Security or any
payment becoming due to the Service Provider under the Contract or may be recovered by
actions of law or otherwise, if the Service Provider fails to satisfy the Employer of such
claims.

4.2 SCHEDULE OF RATES AND PAYMENTS:

4.2.1 SERVICE PROVIDER'S REMUNERATION:

The price to be paid by the Employer to Service Provider for the whole of the Service to be
done and for the performance of all the obligations undertaken by the Service Provider 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
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 accordingly for the Services actually executed and approved by the Engineer-in-Charge. The
sum so ascertained shall (except only as and to the extent expressly provided herein) constitute
the sole and inclusive remuneration of the Service Provider under the Contract and no further
or other payment whatsoever shall be or become due or payable to the Service Provider under
the Contract.

4.2.2 SCHEDULE OF RATES TO BE INCLUSIVE:

The prices/rates quoted by the Service Provider 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 rendering the services to the Employer by the Service Provider. The Service
Provider shall be deemed to have known the nature, scope, magnitude and the extent of the
service though the Contract Document may not fully and precisely furnish/specify them. The
Tenderer shall deemed to include the requisite services as may be required to complete the
Services properly including remedying of any defect therein.

4.2.3 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
& appliances and such other items / equipments / materials as required for carrying out the
services by the Service Provider and all other matters in connection with each item in the
Schedule of Rates and the execution of the Service 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.

4.2.4 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, protected by letters, patent or otherwise
incorporated in or used in connection with the Service, also all royalties, rents and other
payments in connection with obtaining materials of whatsoever kind for the Service and shall
include an indemnity to the Employer which the Service Provider hereby gives against all
actions, proceedings, claims, damages, costs and expenses arising from the incorporation in
or use in the Service 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 for Services shall be borne by the Service Provider.

4.2.5 SCHEDULE OF RATES TO COVER TAXES AND DUTIES:

No exemption or reduction of Customs Duties, GST, Works Contract Tax 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), entry tax, whatsoever, will be
granted or obtained, all of which expenses shall be deemed to be included in and covered by
the Schedule of Rates, unless mentioned specifically elsewhere in the Tender Document. The
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 Service Provider shall also obtain and pay for all permits/licenses or other privileges
necessary to complete the Service.

4.2.6 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 Service Provider's conduct/peformance of Services which
occurs 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.

4.2.7 SCHEDULE OF RATES CANNOT BE ALTERED:

For Service under unit rate basis, no alteration will be allowed in the Schedule of Rates by
reason of services 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
Service Provider and agreed to by the Employer and cannot be altered. For lumpsum
Contracts, the payment will be made according to the Service actually carried out, for which
purpose an item wise, or work wise Schedule of Rates shall be furnished, suitable for
evaluating the value of Service provided and preparing running account bill. Payment for any
additional Service which is not covered in the Schedule of Rates shall only be released on
issuance of Amendment to LOA/Contract by the Employer.

4.3 PROCEDURE FOR BILLING OF SERVICES:

4.3.1 BILLING PROCEDURE:

Following procedures shall be adopted for billing of services executed by the Service
Provider.

[Link] The Bill(s) complete in all respect with details and enclosure(s) is to be submitted by Service
Provider in line with terms of the Contract. Employer shall make all endeavour to release
payments of undisputed amount of the bills submitted within 15 (Fifteen) days from the
date of certification by the Engineer-in-Charge.

[Link] COMPUTERISED BILLING SYSTEM: GAIL (India) Limited has introduced

Computerised Billing System whereby whenever the Bill(s) are submitted in GAIL by a
Service Provider, a receipt number is usually generated. The Service Provider may also
know the status of the Bill through GAIL’s website.

4.3.2 MODE OF MEASUREMENT:

The payment shall be made based on the mode of measurement as specified in the Contract.
Otherwise, the mode of measurement shall be adopted as per latest Indian Standard
Specifications.

4.4 NOTICE OF CLAIMS FOR ADDITIONAL PAYMENTS:

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 4.4.1 Should the Service Provider consider that he is entitled to any extra payment for any
extra/additional Job(s)/Service(s) or material change in original Specifications carried out by
him in respect of job, 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
Service Provider 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 Service Provider 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 Service Provider will lose his right to claim
any compensation/reimbursement/damages etc.. Failure on the part of Service Provider 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 any such claim and
no delay in dealing therewith shall be waiver by Employer of any of these rights in respect
thereof.

4.4.2 Engineer-in-Charge shall review such claims within a reasonable period of time and cause to
discharge these in a manner considered appropriate after due deliberations thereon. However,
Service Provider shall be obliged to carry on with the Jobs/services during the period in which
his claims are under consideration by the Employer, irrespective of the outcome of such
claims, where additional payments for Services considered extra are justifiable in accordance
with the Contract provisions, Employer shall arrange to release the same in the same manner
as for normal job payments. Such of the extra services 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 services shall generally be the unit rates provided for in the
Contract. In the event unit rates for extra services 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 Services
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 service claim(s) of Service Provider, the decision of Engineer-in-Charge shall be
final and binding on the Service Provider.

4.5 INSURANCE:

4.5.1 Service Provider shall, at his own expense, arrange appropriate insurance to cover all risks
assumed by the Service Provider under this Contract in respect of its personnel deputed under
this Contract as well as Service Provider’s equipment, tools and any other belongings of the
Service Provider or their personnel during the entire period of their engagement in connection
with this Contract. Employer will have no liability on this account. The Personnel covered
must be covered to meet the liability under Employee Compensation Act.

4.5.2 The provisions of this Clause shall in no way limit the liability of the Service Provider under
the Contract.

4.5.3 If the Service Provider neglects, fails, or refuses to obtain or maintain insurances required to
be effected, or fails to provide certification etc., the Employer has the right to procure and
maintain policies at Service Provider’s expense plus administrative cost of 10% of the amount
of Insurance premium.
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 4.5.4 INSURANCE TYPES:

Service Provider shall at all time during the currency of the Contract provide, pay for and
maintain the following insurance amongst others:

a. Employee Compensation and Employer’s common law liability insurance covering

liability to employees of the Service Provider under the laws of their place or
employment or place or injury, arising out of injury sustained in connection with any
of the services. This insurance will be extended where submitted by law, to indemnify
the Employer against any statutory liability which it may incur towards injured
employees of the Service Provider. A proof of the same should be submitted to EIC
for liability in line with Employees Compensation Act.

b. General Public Liability Insurance covering liabilities including contractual liability

for bodily injury, including death of persons, and liabilities for damage of property.
This insurance must cover all operations of Service Provider required to fulfill the
provisions under this Contract.

c. Service Provider's Equipment/Materials/Goods used for execution of the work

hereunder shall have an insurance cover with a suitable limit (as per international
standards).

d. Automobile Public Liability Insurance covering owned, non-owned and hired

automobiles used in the performance of the work hereunder, with bodily injury limits
and property damage limits as governed by Indian Insurance regulations.

e. Public Liability Insurance as required under Public Liability Insurance Act 1991.

4.5.5 Service Provider shall obtain additional insurance or revise the limits of existing insurance as
per Employer’s request in which case additional cost shall be to Service Provider’s account.

Further, the Service Provider shall ensure the adequacy of Insurance at all time in accordance
with the nature of the Service(s), terms of the Contract and Statutory requirements.

4.5.6 CERTIFICATE OF INSURANCE:

Before commencing performance of the services, Service Provider shall on request furnish
EIC/Employer with certificates of insurance indicating:

i) type and amounts of insurance as required herein;

ii) insurance company or companies carrying the aforesaid coverage;
iii) effective and expiry dates of policies;
iv) that the Employer may give advance notice for any material change in the policy.
waiver of subrogation endorsement has been attached to all policies; and
v) the territorial limits of all policies.

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 4.5.7 If any of the above policies expire or are cancelled during the terms of the service, and Service
Provider fails for any reason to renew such policies, the Employer may replace same and
recover the charges towards premium plus administrative charges from Service Provider.
Should there be a lapse in any insurance required to be carried out by the Service Provider
hereunder for any reason, losses & penalty, if any resulting there from shall be to the sole
account of the Service Provider.

4.5.8 Service Provider shall require all its Sub-Service Providers to provide such foregoing
insurance cover as the Service Provider is obligated to provide under the Contract.

4.5.9 WAIVER OF SUBROGATION: All insurance policies of the Service Provider with respect
to the operations conducted hereunder, shall be endorsed by the underwriter in accordance
with the following policy wording:“ The insurers hereby waive their rights of subrogation
against any individual, Employer, affiliates or assignees for whom or with whom the assured
may be operating to the extent of the Contractual indemnities undertaken by the Service
Provider”.

4.5.10 Deductible: That portion of any loss not covered by insurance provided for in this article
solely by reason of deductible provision in such insurance policies shall be to the account of
the Service Provider.

4.6 TAXES AND DUTIES:

4.6.1 The Service Provider, unless specified otherwise elsewhere in the Contract agrees to and does
hereby accept full and exclusive liability for the payment of any and all Taxes, Duties,
including GST now or hereafter imposed, increased, modified from time to time in respect of
Services and materials and all contributions and taxes for unemployment compensation,
insurance and old age pensions or annuities 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 Service Provider and the Service
Provider shall be responsible for the compliance of all Sub-Service Providers, with all
applicable Central, State, Municipal and local law and regulation and requirement of any
Central, State or local Government agency or authority. Service Provider 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 Service
Provider or Sub- Sub-Service Provider of such laws, suits or proceedings that may be brought
against the Employer arising under, growing out of, or by reason of the service 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.

4.6.2 Service Provider shall ensure timely submission of correct invoice(s) with all required
supporting document(s) as per Contract within a period specified in Contracts to enable
Employer to avail Input Tax Credit.

If Input Tax credit with respect to GST is not available to Employer for any reason which is
not attributable to Employer, then Employer shall not be obligated or liable to pay or
reimburse GST charged in the invoice(s) and shall be entitled to / deduct/ setoff /recover the
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 such GST together with all penalties and interest if any, against any amounts paid or payable
by Employer to Service Provider.

4.6.3 Where Employer has the obligation to discharge tax liability under reverse charge mechanism
and Employer has paid or is /liable to pay GST to the Government on which interest or
penalties becomes payable as per rules (as amended from time to time) for any reason which
is not attributable to Employer or Input Tax credit with respect to such payments is not
available to Employer for any reason which is not attributable to Employer, then Employer
shall be entitled to deduct/ setoff / recover such amounts against any amounts paid or payable
by Employer to Service Provider.

4.7 INCOME TAX:

4.7.1 Income Tax deduction shall be made from all payments of the Service Provider as per rules
and regulation in force in accordance with the Income Tax Act prevailing from time to time.
As per the provisions of the income Tax Act, 1961, Permanent Account No. (PAN) is
compulsorily required to be mentioned in Tax Deduction at Source (TDS) certificate issued
to the payee. Therefore, the bidder must submit the details of PAN / the copy of application
filed for allotment of PAN (if PAN no. not available) to EIC immediately on receipt of
FOA/Contract Document, failing which, TDS will be applied as per applicable law and TDS
certificate will not be issued. Therefore, in case the Service Provider does not furnish PAN,
EMPLOYER shall deduct at source as provided in the Income Tax Act 1961, or in the relevant
Finance Act, or as directed in the orders u/s 195(3) or 197 or 195(2), as the case may be, or
at such higher rate as may be required by Section 206AA of Income Tax Act 1961, from time
to time.

4.7.2 In case of foreign bidder, the Service Provider must apply through the local embassy /
consulate of India for obtaining PAN card. In case, foreign Service Provider don’t have the
PAN, then amount will be deducted and deposited as per law and TDS certificate will also
not be provided. Further, such Service Provider shall comply all other provisions mentioned
elsewhere in the Tender Document related to making remittances to non-residents including
Permanent Establishment, Tax Residency Certificate (TRC) if non-resident desire to avail
benefits available under Double Tax Avoidance Agreement (DTAA), Withholding Tax etc.,
as per Income Tax Act, 1961 (as amended from time to time).

4.8 STATUTORY VARIATIONS:

4.8.1 All duties, taxes (except where otherwise expressly provided in the Contract) as may be levied
/ imposed in consequences of execution of the Jobs/Services or in relation thereto or in
connection therewith as per the Acts, Laws, Rules, Regulations in force on the due date of
submission of Bid for this Contract shall be to Service Provider’s account. Any increase /
decrease in such duties, taxes after the due date of submission of bid but within the
Contractual completion date as stipulated in the Contract will be to the account of Employer
subject to submission of documentary proof to the satisfaction of Employer.

4.8.2 Any increase in the duties and taxes after the Contractual completion period will be to the
Service Provider’s account, where delay in completion /mobilization period is attributable to
the Service Provider and the taxes & duties are not cenvatable (i.e. Input Tax Credit (ITC)
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 not available). In case of applicability of ITC / cenvatable taxes & duties, payment shall be
made as per the prevailing rates during the currency of the Contract. However, any benefit of
decrease in duties and taxes after the Contractual completion will be passed on to the
Employer.

4.8.3 In the event of introduction of any new legislation or any change or amendment or
enforcement of any Act or Law, rules or regulations of Government of India or State
Government(s) or Public Body which becomes effective after the due date of submission of
Bid for this Contract but within the Contractual completion period (including extended period
allowed due to reasons attributed to Employer) and which results in increased cost of the
jobs/services under the Contract through increased liability of taxes, (other than personnel
and Corporate taxes), duties, the Service Provider shall be indemnified for any such increased
cost by the Employer subject to the production of documentary proof to the satisfaction of
the Employer to the extent which directly is attributable to such introduction of new
legislation or change or amendment as mentioned above and adjudication by the competent
authority & the courts wherever levy of such taxes / duties are disputed by Employer.

4.8.4 Similarly, in the event of introduction of new legislation or any change or amendment or
enforcement of any Act or Law, rules or regulations of Government of India or State
Government(s) or Public Body which becomes effective after the due date of submission of
Bid for this Contract and which results in any decrease in the cost of the services/ jobs through
reduced liability of taxes, (other than personnel and Corporate taxes) duties, the Service
Provider shall pass on the benefits of such reduced cost, taxes or duties to the Employer, to
the extent which is directly attributable to such introduction of new legislation or change or
amendment as mentioned above.

4.9 DAMAGES TO PROPERTY, ANY PERSON AND THIRD PARTY

i) Service Provider shall be responsible for making good to the satisfaction of the
Employer any loss or any 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 the Employer, if such loss or damage is due
to fault and/or the Negligence or Willful Misconduct or omission of the Service
Provider, his employees, agents, representatives or Sub-Service Providers.

ii) The Service Provider shall take sufficient care in moving his 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 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 Service Provider. Third party liability risk shall be Rupees
One lakh for single accident and limited to Rupees Ten lakhs.

iii) The Service Provider shall indemnify and keep the Employer harmless of all claims
for damages to property other than Employer's property arising under or by reason of
this agreement, if such claims result from the fault and/or Negligence or Willful
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 Misconduct or omission of the Service Provider, his employees, agents, representative
of Sub-Service Provider.

SECTION – V

5.0 LAWS, HEALTH, SAFETY & ENVIRONMENT

5.1 LABOUR LAWS:

i) No labour below the age of 18 (eighteen) years shall be employed on the Job.

ii) The Service Provider shall not pay less than what is provided under law to labourers
engaged by him on the Job.

iii) The Service Provider shall at his expense comply with all labour laws and keep the
Employer indemnified in respect thereof.

iv) The Service Provider shall pay equal wages for men and women in accordance with
applicable labour laws.

v) If the Service Provider is covered under the Contract labour (Regulation and
Abolition) Act, he shall obtain a license from licensing authority (i.e. office of the
labour commissioner) by payment of necessary prescribed fee and the deposit, if any,
before starting the Job under the Contract. Such fee/deposit shall be borne by the
Service Provider.

vi) The Service Provider shall employ labour in sufficient numbers either directly or
through Sub- Service Provider's to maintain the required rate of progress and of quality
to ensure workmanship of the degree specified in the Contract while also ensuring that
workman is not stressed due to long hour of working and to the satisfaction of the
EIC.

vii) The Service Provider shall furnish to the EIC the distribution return of the number and
description, by trades of the service people employed on the services. The Service
Provider shall also submit on the 4th and 19th of every month to the EIC 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.

viii) The Service Provider shall comply with the provisions of the payment of Wage Act
1936, Employee Provident Fund Act 1952, Minimum Wages Act 1948. Employers
Liability Act 1938. Servicemen'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.
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 ix) The EIC 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 Service Provider any sum required or estimated to be required
for making good the loss suffered by a worker or workers by reason of non- fulfilment
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.

x) The Service Provider 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-Service Provider's. In the event of the
Service Provider 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 Service
Provider shall without prejudice to any other liability pay to the Employer a sum not
exceeding Rs.10000.00 as Liquidated Damages for every default, breach or
furnishing, making, submitting, filling materially incorrect statement as may be fixed
by the EIC and in the event of the Service Provider's default continuing in this respect,
the Liquidated Damages may be enhanced to Rs.5000.00 per day for each day of
default subject to a maximum of one percent of the estimated cost of the Services put
to the Contract. The EIC shall deduct such amount from bills or Contract Performance
Security of the Service Provider and credit the same to the Welfare Fund constitute
under these acts. The decision of the EIC in this respect shall be final and binding.

5.2 SAFETY REGULATIONS:

i) In respect of all labour, directly employed in the Service for the performance of
Service Provider's part of this agreement, the Service Provider 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.

ii) The Service Provider shall observe and abide by all fire and safety regulations of the
Employer. Before starting service, Service Provider shall consult with Employer's
safety Engineers or EIC and must make good to the satisfaction of the Employer any
loss or damage due to fire to any portion of the service done or to be done under this
agreement or to any of the Employer's existing property.

5.3 FIRST AID AND INDUSTRIAL INJURIES:

i) Service Provider shall maintain first aid facilities for its employees and those of its
Sub-Service Provider.

ii) Service Provider shall make outside arrangements for ambulance service and for the
treatment of industrial injuries. Names of those providing these services shall be

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 furnished to Employer prior to start and their telephone numbers shall be prominently
posted in Service Provider's field office.

iii) All critical industrial injuries shall be reported promptly to Employer, and a copy of
Service Provider's report covering each personal injury requiring the attention of a
physician shall be furnished to the Employer.

5.4 GENERAL RULES:

5.4.1 Smoking within the battery area, tank farm, dock limits or any such area identified by EIC or
mentioned in SCC or any guideline, is strictly prohibited. Violators of the no smoking rules
shall be discharged immediately after imposing the applicable penalty(ies). Decision of EIC
in the matter shall be final and binding on the Service Provider.

5.5 CARE IN HANDLING INFLAMMABLE GAS:

5.5.1 The Service Provider has to ensure all precautionary 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.

5.6 PRESERVATION OF PLACE:

5.6.1 The Service Provider shall take requisite precautions and use his best endeavors to prevent
any riotous or unlawful behavior by or amongst his worker / personnel employed for the
services and for the preservation of peace and protection of the inhabitants and security of
property in the neighborhood of the Site. 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
services, the expenses thereof shall be borne by the Service Provider and if paid by the
Employer shall be recoverable from the Service Provider.

5.7 ENVIRONMENT:

5.7.1 Employer acknowledges their commitment to conduct their respective operations in a manner
which not only complies with all relevant environmental protection and pollution control
legislation but also such operations do not cause environmental damage or pollution and in a
manner which acknowledges other cultural and associated considerations. In recognition of
this commitment, the Service Provider shall perform the services in such a way as to avoid or
minimize environmental damage or pollution and fully recognize the special aspects of the
environment as communicated by Employer or as applicable. Service Provider shall comply
with, and the Service Provider shall ensure compliance with all applicable environmental
protection and pollution control legislation as it relates to the services.

5.7.2 In the furtherance of any laws, regulations and rules promulgated by the Government of India,
Service Provider shall:

- Employ good international oil & gas industry practices, including as required, advanced
techniques, practices and methods of operation for the prevention of environmental
damage in conducting the job;
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 - Take necessary and adequate steps to prevent environmental damage and, where some
adverse impact on the environment is unavoidable, minimize such damage and the
consequential effects thereof of property and people; and

- Adhere to the guidelines, limitations or restrictions, if any, imposed by the environmental

clearance as applicable.

5.7.3 If during the Service Provider's performance of the services, the Employer is of the opinion
that the Service Provider is either not conducting the services in strict compliance with this
Contract or is conducting the services in such a way as to endanger the environment or in
such a way as to risk being in breach of any environmental protection or pollution control
legislation, then the Employer shall notify the Service Provider in writing of the conduct
involved and the Service Provider shall initiate corrective action to the reasonable satisfaction
of the Employer within twenty four (24) hours of the conduct so notified or as decided by
EIC. Employer may, require Service Provider to discontinue the Service in whole or in part
until Service Provider has taken such action.

5.7.4 The Service Provider shall notify the Employer as soon as reasonably practicable of any
spillage or potential spillage of petroleum or any act of pollution or potentially polluting
event. For each and any such event the Service Provider shall record the relevant information
on the incident report form and shall deliver the completed form to the Employer forthwith.

5.7.5 After completion of the entire job as per this Contract and prior to Demobilization, Service
Provider shall at its expense satisfactorily dispose off all rubbish, remove all temporary work,
equipment and materials belonging to Service Provider and return to Employer warehouse all
surplus spares and salvageable Employer supplied materials. Further, the Service Provider
can take away the brought out Service Provider supplied surplus Material (i.e. Materials
brought by the Service Provider for work/Services at site under Contract, not used by them
for work/Services and leftover at the Site) subject to prior written consent of the EIC. The
payment made, if any, towards such surplus Material will be recovered from the payment of
Service Provider.

Service Provider shall leave the premises in a neat and safe condition. Service Provider shall
be required to leave all, sites and surrounding area as it existed at the commencement of
Contract.

5.7.6 Service Provider shall:

Ensure that the pertinent completed environmental impact studies including the Rapid
Environmental Impact Assessment carried out by Employer are made available to its
Personnel and to its Sub-Service Providers to develop adequate and proper awareness of the
measures and methods of environmental protection to be used in carrying out the job;

Ensure and maintain at his own cost all lights, guards, fencing, warning signs and watching,
when and where necessary or required by the EIC, for the protection of the Services or for the
safety and convenience of the public or others.

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 Ensure that the Contracts entered into between Service Provider and its Sub Service Providers
(if allowed) relating to the Services shall include the provisions stipulated herein;

- be responsible for the removal from the Site or for otherwise making safe in accordance
with applicable Indian laws and directives any materials generated or released by Service
Provider during its activities at the Site which are toxic or similarly hazardous to the health
or safety of persons or to the environment;

- be liable for and shall indemnify, protect, defend and hold harmless Employer from and
against any and all demands, claims, suits and causes of action and any and all liability,
costs, expenses, settlements and judgments incurred in connection therewith (including
court costs and attorney’s fees incurred by Employer) arising out of such toxic or
hazardous materials for which the Service Provider is responsible pursuant to this Clause.
SECTION – VI

6.0 DISPUTE RESOLUTION AND ARBITRATION:

6.1 DISPUTE RESOLUTION:

6.1.1 GAIL (India) Limited has framed the Conciliation Rules 2010 in conformity with
supplementary to Part – III of the Indian Arbitration and Conciliation Act 1996 for speedier,
cost effective and amicable settlement of disputes through conciliation. A copy of the said
rules made available on GAIL’s web site [Link] for reference. Unless
otherwise specified, the matters where decision of the Engineer-in-Charge is deemed to be
final and binding as provided in the Contract and the issues/disputes which cannot be mutually
resolved within a reasonable time, all disputes shall be settled in accordance with the
Conciliation Rules 2010.

6.1.2 Any dispute(s)/difference(s)/issue(s) of any kind whatsoever between/amongst the Parties

arising under/out of/in connection with this Contract shall be settled in accordance with the
aforesaid rules.

6.1.3 In case of any dispute(s)/difference(s)/issue(s), a Party shall notify the other Party (ies) in
writing about such a dispute(s) / difference(s) / issue(s) between / amongst the Parties and
that such a Party wishes to refer the dispute(s)/ difference(s)/issue(s) to Conciliation. Such
Invitation for Conciliation shall contain sufficient information as to the
dispute(s)/difference(s)/issue(s) to enable the other Party (ies) to be fully informed as to the
nature of the dispute(s)/ difference(s) /issue(s), the amount of monetary claim, if any, and
apparent cause(s) of action.
6.1.4 Conciliation proceedings commence when the other Party(ies) accept(s) the invitation to
conciliate and confirmed in writing. If the other Party (ies) reject(s) the invitation, there will
be no conciliation proceedings.
6.1.5 If the Party initiating conciliation does not receive a reply within thirty days from the date on
which he/she sends the invitation, or within such other period of time as specified in the
invitation, he/she may elect to treat this as a rejection of the invitation to conciliate. If he/she
so elects, he/she shall inform the other Party(ies) accordingly.

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 6.1.6 Where Invitation for Conciliation has been furnished, the Parties shall attempt to settle such
dispute(s) amicably under Part-III of the Indian Arbitration and Conciliation Act, 1996 and
GAIL (India) Limited Conciliation Rules, 2010. It would be only after exhausting the option
of Conciliation as an Alternate Dispute Resolution Mechanism that the Parties hereto shall go
for Arbitration in terms of clause no. 6.2. 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.
6.1.7 The cost of Conciliation proceedings including but not limited to fees for Conciliator(s),
Airfare, Local Transport, Accommodation, cost towards conference facility etc. shall be borne
by the Parties in equal share.

6.1.8 The Parties shall freeze claim(s) of interest, if any, and shall not claim the same during the
pendency of Conciliation proceedings. The Settlement Agreement, as and when
reached/agreed upon, shall be signed between the Parties and Conciliation proceedings shall
stand terminated on the date of the Settlement Agreement.

6.2 ARBITRATION:
6.2.1 If the issues/disputes which cannot be resolved through dispute resolution mechanism
pursuant to clause no. 6.1, all disputes such shall be referred to arbitration by Sole Arbitrator.
The Employer shall suggest a panel of three independent and distinguished persons to the
/Service Provider 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 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 seat/venue shall be New Delhi, India. Subject
to the above, the provisions of Indian Arbitration & Conciliation Act 1996 and the Rules and
amendment thereof shall be applicable. All matter relating to this Contract are subject to the
exclusive jurisdiction of the court situated in the state of Delhi.
Contractor may please note that the Arbitration & Conciliation Act 1996 was enacted by the
Indian Parliament and is based on United Nations Commission on International Trade Law
(UNCITRAL model law), which were prepared after extensive consultation with Arbitral
Institutions and centers of International Commercial Arbitration. The United Nations General
Assembly vide resolution 31/98 adopted the UNCITRAL Arbitration rules on 15 December
1976.

Notwithstanding anything contained contrary in GCC and other Contract Documents, in case
it is found that the Bidder/Service Provider indulged in fraudulent/ coercive practices at the
time of bidding or during execution of the contract as mentioned in “Procedure for action in
case of Corrupt/ Fradulent/ Collusive /Coersive Practices”, the Service Provider / Bidder shall
be banned (in terms of aforesaid procedure) from the date of issuance of such order for
banning.

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 The Bidder/Service Provider understands and agrees that in such cases of banning, the
decision of Employer shall be final and binding on such Bidder/Service Provider and the
Arbitration Clause mentioned in the GCC and other Contract Documents shall not be
applicable for any issue /dispute arising in the matter.

6.2.2 SETTLEMENT OF COMMERCIAL DISPUTES BETWEEN PUBLIC SECTOR

ENTERPRISE(S) INTER SE AND PUBLIC SECTOR ENTERPRISE(S) AND
GOVERNMENT DEPARTMENT (S) THROUGH ADMINISTRATIVE MECHANISM
FOR RESOLUTION OF CPSEs DISPUTES (AMRCD) IN THE DEPARTMENT OF
PUBLIC ENTERPRISES:
In the event of any dispute or difference relating to the interpretation and application of the
provisions of commercial contract(s) between Central Public Sector Enterprises (CPSEs) inter
se and also between CPSEs and Government Departments / Organizations (excluding disputes
concerning Railways, Income Tax, Customs & Excise Departments), such dispute or
difference shall be taken up by either party for resolution through AMRCD as mentioned in
DPE OM No. 4(1)/2013-DPE (GM) / FTS-1835 dated 22.05.2018.

6.3 JURISDICTION:
6.3.1 The Contract shall be governed by and constructed according to the laws in force in India.
The Service Provider hereby submits to the jurisdiction of the Courts situated at New
Delhi/Delhi only for the purposes of disputes, actions and proceedings arising out of the
Contract and it is agreed that the Courts at New Delhi/Delhi only will have the exclusive
jurisdiction to hear and decide such disputes, actions and proceedings.

6.4 CONTINUANCE OF THE CONTRACT:

Notwithstanding the fact that settlement of dispute(s) (if any) may be pending, the parties
hereto shall continue to be governed by and perform the Services in accordance with the
provisions under this Contract.

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 Appendix -1

PROCEDURE FOR ACTION IN CASE OF 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 for Suspension
of business dealing with an Agency/ (ies) and 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

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 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:

If an agency, is found to have indulged in corrupt/fraudulent/ collusive/coercive practices,
action shall be initiated for putting the agency on banning list.
After conclusion of process and issuance of Speaking order for putting party on banning list,
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.

Suspension of order/ contract:

Further, only in the following situations, the concerned order (s)/ contract(s) (where
Corrupt/Fraudulent/ Collusive/ Coercive Practices are observed) and payment shall be
suspended after issuance of Suspension cum Show Cause Notice:

(i) Head of Corporate Vigilance Department/CVO based on the investigation by them,

recommend for specific immediate action against the agency.
(ii) Head of Corporate Vigilance Department/CVO based on the input from investigating
agency, forward for specific immediate action against the agency.

Suspension cum Show Cause Notice being issued in above cases after approval of the competent
authority (as per provisions mentioned under Clause no. D) shall also include the provision for
suspension of Order (s)/ Contract (s) and payment. Accordingly, after issuance of Suspension
cum Show Cause Notice, the formal communication for suspension of Order (s)/ Contract (s)
and payment with immediate effect will be issued by the concerned person of GAIL.

During suspension, Contractor/ Service Providers will be allowed to visit the plant/ site for
upkeep of their items/ equipment, GAIL’s issued materials (in case custody of same is not taken
over), demobilizing the site on confirmation of EIC, etc.
In addition to above, Recovery of payments (other than due payments) including balance
advance payments, if any, made by 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:

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 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 06 Months
BEC 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 at sl. no. 1 above) 01 year
/Collusive/Coercive Practices

2.1 If an agency again commits Corrupt/Fraudulent (except 2 years (in addition

mentioned at sl. no. 1 above) /Collusive/ Coercive Practices to the period
in subsequent cases after their banning, such situation of already served)
repeated offense to be dealt with more severity.
3 Indulged in unauthorized disposal of materials provided by 2 years
GAIL
4 If act of vendor/ contractor is a threat to the National 2 years
Security

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:
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 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

D.1 Initiation of Suspension
Action for suspension business dealing with any agency/(ies) shall be initiated by Corporate C&P
Department when
(i) Corporate Vigilance Department based on the fact of the case gathered during investigation
by them recommend for specific immediate action against the agency.
(ii) Corporate Vigilance Department based on the input from Investigating agency, forward for
specific immediate action against the agency.
(iii) Non performance of Vendor/Supplier/Contractor/Consultant leading to termination of
Contract/ Order.

D.2 Suspension Procedure:

D.2.1 The order of suspension would operate initially for a period not more than six months and is to be
communicated to the agency and also to Corporate Vigilance Department. Period of suspension
can be extended with the approval of the Competent Authority by one month at a time with a
ceiling of six months pending a conclusive decision to put the agency on banning list.
D.2.2 During the period of suspension, no new business dealing may be held with the agency.
D.2.3 Period of suspension shall be accounted for in the final order passed for banning of business with
the agency.
D.2.4 The decision regarding suspension of business dealings should also be communicated to the
agency.
D.2.5 If a prima-facie, case is made out that the agency is guilty on the grounds which can result in
banning of business dealings, proposal for issuance of suspension order and show cause notice
shall be put up to the Competent Authority. The suspension order and show cause notice must
include that (i) the agency is put on suspension list and (ii) why action should not be taken for
banning the agency for future business from GAIL.
The competent authority to approve the suspension will be same as that for according approval
for banning.

D3 Effect of Suspension of business:

Effect of suspension on other on-going/future tenders will be as under:

D.3.1 No enquiry/bid/tender shall be entertained from an agency as long as the name of agency appears
in the Suspension List.
D.3.2 If an agency is put on the Suspension List during tendering:
D.3.2.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by
the agency shall be ignored.
D.3.2.2 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.
D.3.2.3 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.3.3 The existing contract (s)/ order (s) under execution shall continue.
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 D.3.4 Tenders invited for procurement of goods, works and services shall have provision that the bidder
shall submit a undertaking to the effect that (i) neither the bidder themselves nor their allied
agency/(ies) are on banning list of GAIL or the Ministry of Petroleum and Natural Gas and (ii)
bidder is not banned by any Government department/ Public Sector.

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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 Appendix 2

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.

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 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.
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:

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 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. 2.17.3 of GCC-Services)

(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 and they shall also to be considered for
Suspension.

(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 and they shall
also to be considered for Suspension.

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 (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 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):

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 (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. 2.17.3 of GCC-Services)

(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) Year.
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 and they shall also to be considered for
Suspension.

(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 Twof Years and they shall
also to be considered for Suspension.

(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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 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 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.
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).

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 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 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.

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

for Extra, Substituted & AHR items

B. FOR SUPPLIES

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

other documents within time

ii) Attending complaints and requests for after sales 5 marks

service/ warranty repairs and/ or query/ advice (upto
the evaluation period).

iii) Response to various correspondence and conformance 5 marks

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

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 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 Delivery Quality Reliability Total

Parameter Performance Performance Performance#
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
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 ” 12 weeks 20
” 16 weeks 15
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, 4 marks

Drawings 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 4 marks

for Extra, Substituted & AHR items
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 B. FOR SUPPLIES

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

other documents within time

ii) Attending complaints and requests for after sales 5 marks

service/ warranty repairs and/ or query/ advice (upto
the evaluation period).

iii) Response to various correspondence and conformance 5 marks

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

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 Appendix 3
PROFORMA FOR CONTRACT AGREEMENT
[To be executed on non-judicial stamp paper of appropriate value]

LOA No. GAIL / dated -----------

Contract Agreement for the Services of ----------------- of GAIL (India) Ltd. made on ---------- between (Name
and Address)------------- , hereinafter called the “Service Provider” (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
A. The Employer being desirous of having provided and executed certain services 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.
B. The Service Provider has inspected the Site and surroundings and nature of Services specified in the
Tender Documents and has satisfied himself by careful examination before submitting his tender as
to the form and nature of Site and local conditions, the quantities, nature and magnitude of the
Services, the availability of labour and materials necessary for the execution of Services, the means
of access to above said place, 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 Services 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 Services and which might have influenced him in
making his tender.
C. 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 Services, 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.
AND WHEREAS
The Employer accepted the Tender of the Service Provider for the provision and the execution of the said
Services at the rates stated in the Schedule of Rates of the Services 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:-
1. In consideration of the payment to be made to the Service Provider for the Services to be executed by
him, the Service Provider hereby covenants with Employer that the Service Provider shall and will
duly provide, execute and complete the said Services 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 Services and at the said times and in the manner
and subject to the terms and conditions or stipulations mentioned in the Contract.

2. In consideration of the due provision execution and completion of the said Services, Employer
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 does hereby agree with the Service Provider that the Employer will pay to the service provider the
respective amounts for the Services actually done by him and approved by the Employer at the
Schedule of Rates and such other sum payable to the Service Provider under provision of Contract,
such payment to be made at such time in such manner as provided for in the Contract.
AND
3. In consideration of the due provision, execution and completion of the said Services the Service
Provider does hereby agree to pay such sums as may be due to the Employer for the services rendered
by the Employer to the Service Provider, 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 Service Provider
that the Service Provider shall have no right, title or interest in the Site made available by the Employer
for execution of the Services or in the goods, articles, materials etc., brought on the said Site (unless
the same specifically belongs to the Service Provider) and the Service Provider 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 Service Provider, their servants, agents and
materials belonging to the Service Provider and lying on the Site.
The Service Provider shall be allowed to enter upon the Site for execution of the Services 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 Service Provider 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 Service Provider
GAIL (India) Limited Name of the Service Provider
_______________________________ ____________________________
_______________________________ ____________________________
Date :___________ Date :____________
Place:___________ Place:____________

IN PRESENCE OF TWO WITNESSES

1.___________________________ 1. ________________________
___________________________ ________________________
___________________________ ________________________
___________________________ ________________________
2.___________________________ 2. ________________________
___________________________ ________________________
___________________________ ________________________
___________________________ ________________________

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 SECTION-V/VI

SPECIAL CONDITIONS OF CONTRACT/

SCOPE OF WORK

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 SPECIAL CONDITIONS OF CONTRACT

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

VENDOR PREMISES.

1.0 INTRODUCTION

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

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

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

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

2.0 SCOPE OF WORK:

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

3.0 PERIOD OF WORK CONTRACT

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

3.2 The decision of the “EIC” regarding extension of the contract shall be final and binding on the
inspection agency.

4.0 PERIOD OF MOBALISATION:

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

5.0 PUNITIVE CLAUSE FOR DELAY/ NON-PERFORMANCE AND FAILURE TO COMPLY

WITH SAFETY REQUIREMENTS:

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

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

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

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

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

5.5 Following penalties will be applicable in case of delay in Payment of wages and PF to authorised
representative (i.e., coordinator at GAIL Pata):

Nature of Deficiency in Wage & PF payment Rate of Penalty (Rs.)

Sl.
No.
1 Delay in disbursement of wage payment to Rs. 2000/- per instance and Rs. 500/-
authorised representative after 10th of next month per day beyond that.
2 Delay in deposition of Provident fund in PF Rs. 2000/- per instance and Rs. 500/-
account of authorised representative after 15th of per day beyond that.
next month

6.0 CONFIDENTIALITY

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

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

7.0 QUANTUM OF JOBS & SCHEDULE OF RATES:

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

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

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

7.4. For any activity, which is not specifically covered in the SOR description, but is covered under Special
conditions of contact /Scope of work /Specification / Drawing etc., no extra claim shall be entertained,
since SOR is to be read in conjunction with other documents forming part of the tender.

7.5 Rates are inclusive of equipment hiring cost, chemical cost, transportation cost, lodging/boarding cost
and any other cost anticipated by the Contractor.

7.6 Contractor shall submit GSTIN (GST Registration Number) invoice with GAIL’s name and GSTIN
(GAIL GST Registration Number- 09AAACG1209J3ZS) mentioned on invoice, in triplicate along
with Pay slip, proof of salary transfer, PF Electronic Challan Cum Return (ECR), Combined Challan,
copy of valid WC insurance policy and any other required insurance/documents of coordinator
(Contractor’s representative at GAIL Pata site).

8.0 TERMS OF PAYMENT:

8.1 Payment shall be made as per Schedule of Rates (SOR). In no case, payment of the bills shall be made,
if the jobs are not certified by the inspector/EIC from time to time.

8.2 Contractor has to prepare and submit the bill in Gail’s Billing and measurement portal “‘ANJANI”.
All the relevant documents shall be uploaded in ‘ANJANI’ Portal itself and the hard copy shall be
submitted.

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

8.4 EIC will further check measurements at least 15% of bill value. In case, Site-in- Charge/Site engineer
is not available, EIC will check 100% measurements of executed work.
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 8.5 An officer in the department at least one level above EIC up to level of E-7, will check measurements
of 5% of bill value. In case, above mentioned higher level officer is EIC, then he will check
measurements of 20% of bill value.

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

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

8.8 All payments shall be released within 30 days after receipt of relevant documents, complete in all
respect i.e., EPF challan, PF ECR, WC insurance, salary statement/wage register, certification from
bank as proof of payment of salary for the person deployed at GAIL, PATA.
8.9 No mobilization advance shall be paid.

8.10 GAIL shall be entitled to deduct income tax at source from the payment to be made to the contractor
against his bills in accordance with the Indian Income Tax Rules. It shall be the liability of the
contractor to bear and pay all his expenses, all taxes, license fees, excise duties or any other dues of
central, state or any other local authorities.

8.11 Final bill along with Indemnity bond, No claim certificate & No dues Certificate shall be submitted
within 15 days of completion of contract period.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10.0 ENTRY PASSES :

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

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

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

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

11.0 GATE PASSES:

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

Annexure-II

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.
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

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

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
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 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.

2. Leaves/ Leave with wages/ Holiday:

The Contractor shall comply with all the applicable leave Rules including leave with wages in terms of
applicable labour legislations i.e. Factories Act, 1948 / Shops & Establishment Act/ Industrial
Establishment (national & festival holidays, casual & sick leave) Act, 1965.

The Contractor shall extend the leave with wages and maintain the Register of Leave pertaining to the
resource deployed. The payment towards un-availed leave, as per the Factories Act, 1948 / Shops &
Establishment Act, shall be settled with the resource at the time of closure of the contract or separation
of resource from the contract by the contractor.

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

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

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

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

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

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

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.

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 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 provision of General Condition 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.

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

10. Documents for technical bid qualification

a) PF Registration Certificate
b) ESIC Registration Certificate, if the ‘Location(s)’ of ‘Service’ as defined in the Scope of Work falls
under the ESI implemented area.

The bids will be rejected due to non-submission of aforesaid documents.

11. The Foreign / International Bidders who do not have their office in India, shall submit the copies of their
PF registration (if applicable) within one month of the award of the contract or before actual deployment of
manpower, whichever is later, failing which action shall be initiated as per provision of the contract.

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 Annexure- III

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

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.

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.

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 23. The contractor shall ensure the KYC of contract workers in EPFO portal at all time during the period
of contract and submit of proof of the same to the Engineer-In-Charge periodically.

24. The contractor shall ensure that the nomination of contract workers deployed by him under the said
contract is duly updated in EPFO Portal periodically.

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 Annexure- IV

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 the 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 Rojgar Yojna (ABRY)/
Pradhan Mantri Garib Kalyan Yojna – 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 Rojgar
Yojna(ABRY) / Pradhan Mantri Garib Kalyan Yojna (as applicable).

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 Annexure-V
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 the contractor employs ten or more building workers in any building or other construction
work.

b) At the time of submission of monthly bills

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 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
resources with details of name, 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 details 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)
c) At the time of closure of contract

[Link] 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.

Annexure-i

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

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

No. of Resources Prevailing Minimum

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

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

SIGNATURE OF CONTRACTOR/AUTHORIZED REPRESENTATIVE

Place:

Date:

Annexure-ii

INDEMNITY BOND

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

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

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

AND THE CONTRACTOR hereby agrees with GAIL that:

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

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

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

SIGNATURE OF CONTRACTOR/AUTHORIZED REPRESENTATIVE

Place:

Date:

Annexure- iii

UNDERTAKING

(To be submitted along with un-priced bid)

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

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

Signature of Bidder…………………….
Name of Bidder……………………

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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:

Sl. SCHEME APPLICABILITY PREMIUM/ SUM REMARKS

No. CONTRIBUTION ASSURED/
BENEFITS
1 The Employees’ Applicable to all 3.25% of wages by Benefits under
State Insurance resources of the employer the Employees’
Act, 1948 Contractor (within 0.75% of wages by State Insurance
ESI wage limit) employees Act, 1948.
working in notified
area.
2 The Employees’ Applicable to Premium to be Maximum Provides
Compensation excluded employees calculated Compensation compensation
Act, 1923 (in under ESI and those considering wage Liability under and medical
lieu of ESI – who are working in limit under EC Act, Employee’s facility to
mentioned at Sl. non-notified area to 1923 (i.e. Rs. Compensation resources.
1) extend similar 15,000/- p.m Act, 1923 along
benefits as available currently) with a
under ESI Act, 1948 Mediclaim
Floater Policy
with a coverage
of Rs. 3 lakhs
per resource
covering his/her
spouse and two
children
3 Group personal Applicable to all Based on the Insured value: Death,
Accident resources of the coverage Rs. 5 Lakh to permanent
Insurance Contractor cover expenses disablement,
associated with temporary
any accident. total disability
or any other
medical
expenses
related to
accident.
4 Pradhan Matri Eligibility – age Rs. 20/- per annum Accidental death and permanent
Suraksha Bima group 18 to 70 years disability:
Yojana (i) Permanent total disability – Rs.
(PMSBY) 2 lakhs.
(ii) Permanent partial disability –
Rs. 1 Lakh.
5 Pradhan Mantri Eligibility – age Rs. 436/- per Risk coverage – Rs. 2 Lakhs- in
Jeevan Jyoti group 18 to 50 annum. case of death due to any reason
Bima years. (can continue
Yojana(PMJJB) upto 55 years)

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 SCOPE OF WORK FOR THIRD PARTY INSPECTION/QUALITY
SURVEILLANCE AT VENDOR PREMISES

1.0 SCOPE OF WORK

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

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

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

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

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

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

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

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

1.8. Inspection of received material at site during fabrication/ erection/ maintenance jobs as and
when required at GAIL, Pata to assess the quality of material.

1.10 Inspection report on the approved format, highlighting status of drawings, constraints,
suggested corrective measures & non-conformity from specification etc. along with all
relevant test certificates to be submitted to EIC in one soft copy within 03 days and one
hardcopy within 45 days after completion of inspection job.

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

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

2.0 INSPECTION AGENCY’S SCOPE

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

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

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

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

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

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

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

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

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

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

2.7.3 Bidder must ensure that payment to the deputed person is in line with Minimum Wages Act,
1948 with intimation to EIC. Minimum Wages are revised from time to time as per circular
issued by Office of the Chief Labour Commissioner (Government of India).

2.7.4 The contractor must ensure compliance of all Labour laws as per Special Conditions of
Contract (SCC) for deployed contract worker.

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

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 TECHNICAL QUESTIONNAIRE

NOTE- OFFERS RECEIVED WITHOUT THIS FORMAT / IMPROPERLY FILLED UP OR NOT

FULFILLING GAIL’S REQUIREMENT ARE LIABLE FOR REJECTION. ALSO, COMPLETELY FILLED
FORMAT MUST BE DULY SIGNED AND STAMPED BY BIDDER.

SUBJECT- TECHNICAL REQUIREMENTS TO BE CONFIRMED BY BIDDER FOR RATE CONTRACT OF

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

Sl. GAIL’S QUERY BIDDER’S CONFIRMATION & ACCEPTANCE /

No. COMMENTS & SUBMISSION OF DOCUMENTS

(Please tick mark “YES” / “NO”)

1 The bidder must have minimum 10 nos. employees

as quality control engineers with minimum three
years of experience in the field of Chemical/ “YES” / “NO”
Petrochemical / Hydrocarbon Processing Industry
/ Fertilizer / Power Plant. If “ NO ” : please indicate deviation(s)

Bidder must submit documentary proof such as

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

2 The bidder must employ minimum 05 nos. NDT

Level-II personnel in any NDT technique out of
RT/UT/MPI/DPT. “YES” / “NO”

Bidder must submit copies of Level-II certificates If “ NO ” : please indicate deviation(s)

as documentary proof as per above requirement,
valid on bid opening date.

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 3 The bidder must have site offices in minimum four
major cities out of Delhi, Mumbai, Kolkata,
Chennai, Delhi NCR, Bangalore, Hyderabad, “YES” / “NO”
Baroda, Coimbatore, Tiruchirapalli, Pune,
Lucknow, Bhopal, Indore and Ahmedabad. If “ NO ” : please indicate deviation(s)

Bidder must submit documentary proof for site

office address confirmation.

4 The bidder must be enlisted by NABCB (National

Accreditation Board for Certification Bodies) in
list of IB (Inspection Bodies). “YES” / “NO”

Bidder must submit copy of Accreditation If “ NO ” : please indicate deviation(s)

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

SIGNATURE OF BIDDER :

NAME OF BIDDER :

COMPANY SEAL :

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 SECTION-VII
SCHEDULE OF RATES
(SOR)

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 PRICE SCHEDULE / SCHEDULE OF RATE [SOR]

TOTAL AMOUNT
Sl. No. Description UOM QUANTITY
INCLUDING GST

One day inspection visit by one TPI Each 600

inspector for Inspection/Quality
Surveillance at Vendor works/at plant site TO BE QUOTED BY
1 as per Scope of work inclusive of travel BIDDER ON GEM
expense, lodging, boarding & all PORTAL
miscellaneous charges as per tender
document
Monthly coordination activities for TPI Lump- 24 TO BE QUOTED BY
2 jobs as per scope of work of tender sum BIDDER ON GEM
document PORTAL

NOTE :

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

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

Note: Bidder is requested to quote total lump-sum cost (Including GST) against the respective
line item (considering the total quantity shown in above SOR) on GeM Portal.

However, Payment shall be made as per actual quantity executed at site after deriving the unit rate
as per formula shown below:

For Line item: Unit rate including GST =

(Lump-sum amount quoted by bidder for respective line item on GeM Portal)
Qty shown above against respective line item

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