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KONKAN LNG PRIVATE LTD.

BID DOCUMENT NO. KLPL./HQ/C&P/Hiring of Compressors/1/2018

(INTERNATIONAL COMPETITIVE BIDDING)

BIDDING DOCUMENT FOR HIRING OF GAS DRIVEN COMPRESSORS FOR DEPLOYMENT

AT DABHOL SITE OF M/S KONKAN LNG PVT. LTD (KLPL)

Prepared & Issued by:

KONKAN LNG PRIVATE LIMITED (a Non-Government and a Non-PSU Organization)

MASTER INDEX

BID DOCUMENT NO. KLPL/HQ/C&P/Hiring of Compressors/ 01/2018

S. NO. DESCRIPTION

1. Section-I : Invitation for Bids (IFB)

2. Section-II : Bid Evaluation Criteria & Evaluation Methodology

3 Section- III: Instructions to Bidder (ITB) & (Forms and Format)

4. Section- IV: General Conditions of Contract (GCC)

5. Section-V: Special Conditions of Contract along with annexures

6. Section-VI: Specifications & Scope Of work

7. Section-VII: Schedule of rates

Note : Master Index for Technical Part is attached separately.

SECTION-I

INVITATION FOR BID (IFB)

SECTION-I

"INVITATION FOR BID (IFB)”

Ref No:__________________________ Date: To, PROSPECTIVE BIDDERS SUB: TENDER DOCUMENT FOR ____________________________________ Dear Sir/M’am, 1.0 Konkan LNG Pvt. Ltd. (KLPL) [having registered office at 16, Bhikaji Cama

Plance, New Delhi 110066 CIN No.U11100DL2015PTC288147], invites bids from bidders for the subject job/works, in complete accordance with the following details and enclosed Tender Documents.

2.0 The brief details of the tender are as under:

(A) SCOPE OF WORK

HIRING OF BOG COMPRESSOR ALONG WITH ASSOCIATED ACCESSORIES FOR KLPL FOR A PERIOD OF 1 YEAR

(B) TENDER NO. &

DATE

KLPL./HQ/C&P/Hiring of Compressors/ 01/2018

(C) TYPE OF BIDDING SYSTEM

SINGLE BID SYSTEM

TWO BID SYSTEM

(D) TYPE OF TENDER

TENDER NO: KLPL./HQ/C&P/Hiring of Compressors/ 01/2018

E-TENDER

MANUAL

(E) CONTRACTUAL DELIVERY DATE

Operation of the complete compressor package at Dabhol after Mobilisation, Supply, Construction, Installation, testing & Commissioning, and hookup to existing system of compressor package as per scope of work should commence within 3 months from the date of Fax of Intent.

(F)

BID SECURITY / EARNEST MONEY DEPOSIT (EMD)

Amount: INR 20,00,000 (for Indian Bidders) US$ 29600 / INR 20,00,000 (for Foreign Bidders)

Note: In case any foreign bidder is submitting EMD in INR, the formality required to be completed as per law (if any) is to be fulfilled by the concerned foreign bidder.(Refer clause no.15 of ITB&BDS for details).

APPLICABLE

NOT APPLICABLE

(G)

AVAILABILITY OF TENDER DOCUMENT ON WEBSITE(S)

From 22.5.2018(1130.Hrs, IST) to 12.06.2018 (1400.Hrs, IST) on following websites:

(i) GAIL’s Tender Website – www.gailtenders.in (ii) Govt. CPP Portal - https://eprocure.gov.in (iii) Government E-Market (GeM) Portal (iv) www.rgppl.com

(H)

BID DOCUMENT FEE

Not Applicable

(I) (i) Pre-Bid

Conference

(ii) Last date of Receipt of Bidder's Queries on Pre-bid

1500 Hrs. (IST) on 29.05.2018 at KONKAN LNG PVT. LTD., (KLPL),5th Floor Conference Room, GAIL Jubilee Tower, B-35-36, Sector-1, Noida- 201301, Dist. Gautam Budh Nagar, Uttar Pradesh (India).

28.05.2018

(J) Last Date and time of submission of Bids

1400 Hrs. (IST) on 12.06.2018

(K) Opening of Unpriced Bids

1500 Hrs. (IST) on 12.06.2018 at KONKAN LNG PVT. LTD., KLPL Jubilee Tower, B-35-36, Sector-1, Noida- 201301, Dist. Gautam Budh Nagar, Uttar Pradesh (India).In presence of authorized representatives of attending bidders.

http://www.gailtenders.in/

https://eprocure.gov.in/

(M) Contact Persons for any query / clarification for this Tender

Mr. Rajeev Mehrotra, DGM (C & P) KONKAN LNG PVT. LTD., KLPL Jubilee Tower, 5th Floor, B-35-36, Sector-1, Noida-201301 (U.P, India Phone : +91-0120-4148923 e-mail : [email protected]/[email protected]

In case of the days specified above happens to be a holiday in KLPL, the next working day shall be implied.

3.0 Bids must be submitted strictly in accordance with Clause No. 11 of ITB

depending upon Type of Tender as mentioned at Clause no. 2.0 (D) of IFB. The IFB is an integral and inseparable part of the bidding document.

4.0 In case of e-tendering( not applicable for this tender ), the following documents

in addition to uploading in the bid on KLPL’s e-tendering website 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 e-tender by the bidder along with e-bid within the due date and time to the address mentioned in Bid Data Sheet(BDS):-

i) Demand Draft towards Tender fee (not applicable) ii) EMD/Bid Security (if applicable) iii) Power of Attorney iv) Integrity Pact (if applicable)

5.0 In case of Manual Bids, bids complete in all respect should reach at the address

specified in Bid Data Sheet on or before the due date & time. Bids received after the due date and time is liable to be rejected.

6.0 Bidder(s) are advised to quote strictly as per terms and conditions of the tender

documents and not to stipulate any deviations/exceptions.

7.0 Any bidder, who meets the Bid Evaluation Criteria (BEC) and wishes to quote against this Tender Document, may download the complete Tender Document alongwith its amendment(s) if any from websites as mentioned at 2.0 (H) of IFB and submit their Bid complete in all respect as per terms & conditions of Tender Document on or before the Due Date & Time of Bid Submission.

8.0 Bid(s) received from bidders to whom tender/information regarding this Tender

Document has been issued as well as offers received from the bidder(s) by downloading Tender Document from above mentioned website(s) shall be taken into consideration for evaluation & award provided that the Bidder is found responsive subject to provisions contained in Clause No. 2 of ITB.

The Tender Document calls for offers on single point “Sole Bidder”

responsibility basis (except where JV/Consortium bid is allowed pursuant to

mailto:[email protected]/

mailto:[email protected]/

clause no. 3.0 of ITB) and in total compliance of Scope of Works as specified in Tender Document.

9.0 Clarification(s)/Corrigendum(s) if any shall also be available on above referred

websites. Any revision, clarification, addendum, corrigendum, time extension, etc. to the this Tender Document will be hosted on the above mentioned website(s) only. Bidders are requested to visit the website regularly to keep themselves updated.

10.0 All the bidders including those who are not willing to submit their bid are

required to submit F-11 (Acknowledgement cum Consent letter) duly filled within 7 days from receipt of tender information.

11.0 SAP generated Request for Quotation (RFQ), if any shall also form an integral

part of the Tender Document.

12.0 KLPL reserves the right to reject any or all the bids received at its discretion without assigning any reason whatsoever.

This is not an Order.

For & on behalf of Konkan LNG Private Limited

(Authorized Signatory)

Name: Rajeev Mehrotra Designation :DGM(C&P)

E-mail ID:[email protected] Contact No.: 91-0120-4148923

DO NOT OPEN - THIS IS A QUOTATION

Bid Document No.: KLPL./HQ/C&P/Hiring of Compressors/ 1/2018

Description : HIRING OF GAS DRIVEN COMPRESSORS FOR DEPLOYMENT AT

DABHOL SITE OF M/S KONKAN LNG PVT. LTD (KLPL)

Due Date& Time : ……………………………………….. From: To:

…………………………………… ……………………………………

Mr. Rajeev Mehrotra, DGM (C & P) KONKAN LNG PVT. LTD., KLPL Jubilee Tower, 5th Floor,B-35-36, Sector-1, Noida-201301 (U.P), India

(To be pasted on the envelope containing Bid) =======================================

SECTION-II

BID EVALUATION CRITERIA & EVALUATION METHODOLOGY

SECTION-II

BID EVALUATION CRITERIA & EVALUATION METHODOLOGY

A) Bid Evaluation Criteria

1.0 Technical Criteria:

1.1 The bidder should have successfully executed / completed in last 10

(ten) years to be reckoned from the bid due date atleast one single contract involving Design/Selection, Supply, Transportation, Installation ( including all structural, piping, Electrical, Instrumentation works) and hook up, commissioning , operation and Maintenance of suitable Compressor system complete in all respects handling hydrocarbons of minimum capacity 1,70,000 SCMD.

1.2 Bid can also be submitted by a JV / Consortium, if any one partner of the JV / Leader of the Consortium individually meets the technical requirement as per para 4.1.1 above. The division in scope of work between JV/consortium members shall commensurate with their past experience. The overall Project Management shall be performed by the leader. The members of consortium shall be jointly and severally liable to KLPL for any and all obligations and responsibilities arising out of this contract and shall submit agreement/MOU along with the technical bid clearly stating the above.

1.3 Equipment Deployment Criteria

Bidder shall meet the minimum equipment requirement as below:

Equipment Description

Reciprocating , Lubricating Type , Gas Engine driven Compressor discharge with all Equipment & Accessories with a total discharge Capacity of 3,75,000 SCMD

Note:

(i) A Job executed by a Bidder for its own plant/ project cannot be

considered as experience for the purpose of meeting BEC of this Tender Document. However, jobs executed for Subsidiary/Fellow subsidiary / Holding company will be considered as experience for the purpose of meeting BEC subject to submission of tax paid invoice (s) duly certified by Statutory Auditor of the Bidder towards payments of statutory tax in support of the job executed for Subsidiary/Fellow subsidiary/ Holding

company. Such Bidders to submit these documents in addition to the documents specified to meet BEC.

2.0 Financial Criteria: 2.1 Annual Turnover:

The minimum annual turnover of the bidder as per their audited financial statement in any one of the three immediate preceding financial years shall be as under:-

Minimum Annual Turnover

Indian Bidder (In INR) Foreign Bidder (In USD)

9.68 Crore 1432400

In case of bid by JV/Consortium the Annual Turnover shall be as under:

Minimum Annual Turnover


Leader 9.68 Crore Leader 1432400

Member 4.84 Crore Member 716200

2.2 Net Worth:

Net worth of the bidder/each partner of bidding JV/Consortium should be positive as per the last audited financial year.

2.3 Working Capital:

Minimum working capital of bidder/Leader of bidding JV/Consortium as per last audited financial year shall be:

Minimum Working Capital


1.93 Crore 285560

Note: (i) If the bidder’s working capital is negative or inadequate, the bidder shall submit

a letter from their bank having net worth not less than Rs.100 crores (or

equivalent in USD), confirming the availability of line of credit for 10% of the

annualized estimated contract value. The line of credit letter from bank to be

submitted strictly as per format at F-15.

(ii) Annual Turnover: In case the tenders having the due date for submission

of bid up to 30th September of the relevant financial year, and audited financial results of the immediate 3 preceding financial years are not available, the bidder has an option to submit the audited financial results of the 3 years immediately prior to that. Wherever the closing date of the bid is after 30th Sept. of the relevant financial year, bidder has to compulsorily submit the audited financial results for the immediate 3 preceding financial years. However, in case bidder is meeting the Annual Turnover criteria of BEC based on Audited Financial Statement of any one of the preceding 3 financial years, the same shall suffice.

(iii) Net Worth/Working Capital: In case the tenders having the due date for

submission of bid up to 30th September of the relevant financial year, and audited financial results of the immediate preceding financial year is not available, in such case the audited financial results of the year immediately prior to that year will be considered as last financial year for Net worth/ Working Capital calculation. Wherever the closing date of the bid is after 30th Sept. of the relevant financial year, Bidder has to compulsorily submit the audited financial results for the immediate preceding financial year.

A. DOCUMENTS TO BE SUBMITTED FOR COMPLIANCE TO BEC

BEC Sl No.

Description Documents required for qualification

Documents Required-Technical Criteria

1.1 Experience criteria

a) Detailed work order along with Schedule of Rates. b) Completion certificate issued by end user / Owner (or

their consultant who has been duly authorized by owner to issue such certificate) OR Execution certificate (issued by the end user/ owner/authorized consultant) in place of completion certificate for meeting the stipulated experience criteria provided that the asset for which the said execution certificate has been issued is ready for commercial use.

Note: The completion certificates / execution certificate

shall have details like work order no. & date, brief scope of work, completion date etc.

1.2 & 1.3

Experience criteria in case of experience of a consortium member/JV

a) Same documents as mentioned against 4.1.1 above. b) Consortium Agreement / MOU clearly defining the

scope and responsibility. Format F-29.

Note: The completion certificates / execution certificate shall have details like work order no. & date, brief scope of work, completion date etc.

2.0 Documents Required-Financial Criteria

2.1 Annual Turn-over

Bidder(s) shall submit copy of Audited Annual Financial Statement [Balance Sheet and Profit & Loss Account Statement] of three (3) preceding Financial Year(s) along with un-price bid.

2.2 Net Worth Bidder(s) shall submit copy of Audited Annual Financial Statement [Balance Sheet and Profit & Loss Account Statement] of last Financial Year along with un-priced bid.

2.3 Working Capital

Bidder(s) shall submit copy of Audited Annual Financial Statement [Balance Sheet and Profit & Loss Account Statement] for the last audited Financial Year along with un-priced bid.

If the bidder’s working capital is inadequate, the bidder should supplement this with a letter from the Bidder’s bank [as per Format enclosed in the Bid Document] having net worth not less than Rs 100 Crore or USD 15.25 Million, confirming the availability of the line of credit for at least for the working capital requirement as stated above.

For JV / Consortium, copy of audited Balance Sheet and Profit & Loss account statement for immediate preceding three completed financial years for each member of JV/Consortium to be submitted and Format 3A by each member of Consortium.

2.3 Equipment Deployment Criteria

Equipment (owned) as per Annexure of SCC 1.The bidder shall submit the certificate from chartered

accountant (for ownership/ possession of equipment / vehicles) as per format F-23 enclosed in the Bid Document.

2.The submission of Format F-23 is mandatory. 3.The bidder shall submit Certificate from Chartered

Engineer certifying that the bidder own equipment are under good health and working condition and commitment to deploy equipment for KLPL as per

Format F-24 enclosed in the Bid Document. 4.In case of Leasing of Compressors)–Bidder shall

submit documentary evidence for the equipment. The documentary evidence shall be MOU from the hiring/ leasing agency of the equipment.

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

(i) Technical Criteria of BEC:

All documents in support of Technical Criteria of BEC to be furnished by the Bidder shall necessarily be duly certified/ attested by Chartered Engineer and Notary Public with legible stamp.

(ii) Financial Criteria of BEC:

Bidder shall submit “Details of financial capability of Bidder” in prescribed format (F-16) duly signed and stamped by a chartered accountant.

Further, copy of audited annual financial statements submitted in bid shall be duly certified/ attested by Notary Public with legible stamp.

C. EVALUATION METHODOLOGY:

The evaluated price of bidders shall include the following:

i) Mobilization, Supply (FOR-Destination price of Compressor and accessories) Construction, Installation & Commissioning and hookup with existing system etc.

ii) Total Fixed Rental for 12 months iii) Running Rental for 4000 hrs. iv) Demobilization charges v) Applicable GST on i), ii), iii) & iv) above. vi) Fuel Gas Consumption loading, as specified in Tender Document vii) Less input tax credit available to KLPL.

Note: (i) In case the bidder is covered under Composition Scheme under GST laws,

then bidder should quote the price inclusive of the GST (CGST & SGST/UTGST or IGST). Further, such bidder should mention “Cover under composition system” in column for GST (CGST & SGST/UTGST or IGST) of price schedule.

(ii) In case any unregistered bidder is submitting their bid, their prices will be loaded with applicable GST (CGST & SGST/UTGST or IGST) during evaluation of bid (if applicable as per act/law in vogue). Where GAIL is entitled

for input credit of GST (CGST & SGST/UTGST or IGST), the same will be considered for evaluation of bid as per evaluation methodology of tender document.

(ii) In case any cess on GST is applicable, same shall also be considered in

evaluation.

3.0 EVALUATION AND COMPARISON OF BIDS:

The “Schedule of Rates” quoted shall be taken up for evaluation. The entire

work shall be finalized on least cost to owner. The price quoted by the bidder inclusive of GST shall be checked for arithmetic correction, if any, based on prices filled by the bidder in the standard ‘Schedule of Rates’ format. Further, the tender shall be treated as non-split table in nature.

The evaluation of all techno-commercially acceptable bids, to arrive at the lowest evaluated bid, shall be carried out as under:

(i) Total quoted price/Final Amount, inclusive of GST after arithmetic check. (ii) Public Procurement Policy for Micro and Small Enterprises, if applicable. (iii) Purchase Procurement Policy for linked in Local Content (PP-LC).

(iv) Technical Loading due to Fuel Gas Consumption. (v) 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.

The gas composition shall be as per the Compressor Process Data Sheet – Annexure 5 to SCC. Bidder shall indicate the specific fuel consumption kg/hr/BHP and the fuel

consumption (above defined compressor capacity) in SCMH as guaranteed

value in the offer on the design case gas composition in the SOR.

Price Loading Criteria :

Total cost of the package for evaluation purpose (A+B); Where:

A= Cost of total package including cost of Mobilisation, Supply (FOR Site basis), Construction, testing, commissioning and hook-up with existing facility.

B= Differential operating cost

B (in Rs) = Top x (FQ – FL) x Cf ; Where: Top = Operating Time in hours = 4000 Hrs FQ = Guaranteed fuel consumption in SCMH quoted by a bidder under evaluation. FL=Lowest Guaranteed fuel consumption SCMH. Cf =Cost of fuel as Rs 30/- per SCM

Suitable calculations/performance curves/any other document, establishing the guaranteed fuel consumption shall be submitted by the engine manufacturer along with the bid.

5.0 Documentation:

5.1 Submission of authentic document is the prime responsibility of the bidder.

5.2 Wherever KLPL has concern or apprehension regarding the authenticity/

correctness of any document, KLPL reserves a right of getting the document cross verified from the document issuing authority.

5.3 In absence of requisite documents, KLPL reserves the right to reject the bid without making any reference to the bidder.

SECTION-III

INSTRUCTION TO BIDDERS

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

SECTION-III INSTRUCTION TO BIDDERS

INDEX

[A] GENERAL: 1. SCOPE OF BID 2. ELIGIBLE BIDDERS 3. BIDS FROM CONSORTIUM / JOINT VENTURE 4. ONE BID PER BIDDER 5. COST OF BIDDING & TENDER FEE( Not applicable) 6. SITE-VISIT

[B] BIDDING DOCUMENTS: 7. CONTENTS OF BIDDING DOCUMENTS 8. CLARIFICATION OF BIDDING DOCUMENTS 9. AMENDMENT OF BIDDING DOCUMENTS

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

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

[E] BID OPENING AND EVALUATION: 25. EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT

ANY OR ALL BIDS 26. BID OPENING 27. CONFIDENTIALITY 28. CONTACTING THE EMPLOYER 29. EXAMINATION OF BIDS AND DETERMINATION OF

RESPONSIVENESS 30. CORRECTION OF ERRORS 31. CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF

BIDS 32. EVALUATION AND COMPARISON OF BIDS 33. COMPENSATION FOR EXTENDED STAY 34. PURCHASE PREFERENCE

[F] AWARD OF CONTRACT: 35. AWARD 36. NOTIFICATION OF AWARD / FAX OF ACCEPTANCE [FOA] 37. SIGNING OF AGREEMENT 38. CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT 39. PROCEDURE FOR ACTION IN CASE

CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES 40. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL

ENTERPRISE 41. AHR ITEMS 42. VENDOR EVALUATION PROCEDURE 43. INCOME TAX & CORPORATE TAX 44. SETTLEMENT OF DISPUTES BETWEEN GOVERNMENT

DEPARTMENT AND ANOTHER AND ONE GOVERNMENT DEPARTMENT AND PUBLIC ENTERPRISE AND ONE PUBLIC ENTERPRISE AND ANOTHER

45. DISPUTE RESOLUTION 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. QUARTERLY CLOSURE OF THE CONTRACT 50. PROVISION FOR START UPS 51. PERMANENT ESTABLISHMENT (PE) W.R.T. FOREIGN BIDDERS

52. PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT)(PP-LC)

[G] ANNEXURES: 1. ANNEXURE-I: PROCEDURE FOR ACTION IN CASE

CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES 2. ANNEXURE-II: VENDOR PERFORMANCE EVALUATION

PROCEDURE 3. ANNEXURE-III : ADDENDUM TO INSTRUCTIONS TO BIDDERS

(INSTRUCTION FOR PARTICIPATION IN E-TENDER) 4. ANNEXURE-IV: BIDDING DATA SHEET (BDS)

INSTRUCTIONS TO BIDDERS [ITB]

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

[A] – GENERAL

1 SCOPE OF BID 1.1 The Employer as defined in the "General Conditions of Contract [GCC]",

wishes to receive Bids as described in the Bidding Document/Tender document issued by Employer. Employer/Owner/KLPL occurring herein under shall be considered synonymous.

1.2 SCOPE OF BID: The scope of work/ Services shall be as defined in the

Bidding 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 Bidding Documents, the terms 'Bid', 'Tender' & ‘Offer’ and their

derivatives [Bidder/Tenderer, Bid/Tender/Offer etc.] are synonymous. Further, 'Day' means 'Calendar Day' and 'Singular' also means 'Plural'.

2 ELIGIBLE BIDDERS 2.1 The Bidder shall not be under a declaration of ineligibility by Employer for

Corrupt/ Fraudulent/ Collusive/ Coercive practices, as defined in "Instructions to Bidders [ITB], Clause No. 39” (Action in case Corrupt/ Fraudulent/ Collusive/ Coercive Practices).

2.2 The Bidder is not put on ‘Holiday’ by KLPL 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 KLPL or the Ministry of Petroleum and Natural Gas.

If the bidding documents were issued inadvertently/ downloaded from website, offers submitted by such bidders shall not be considered for opening/ evaluation/Award and will be returned immediately to such bidders.

In case there is any change in status of the declaration prior to award of

contract, the same has to be promptly informed to KLPL by the bidder.

It shall be the sole responsibility of the bidder to inform KLPL in case the bidder is put on ‘Holiday’ by KLPL 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 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 KLPL by the bidder.

It shall be the sole responsibility of the bidder to inform KLPL in case the bidder is under any liquidation court receivership or similar proceedings on due date of submission of bid and during the course of finalization of the tender. Concealment of the facts shall tantamount to misrepresentation of facts and shall lead to action against such Bidders as per clause no.39 of ITB.

2.4 Bidder shall not be affiliated with a firm or entity:

(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:

In case of a Single Bidder, Power of Attorney issued by the Board of Directors/ CEO /Chairman/ MD / Company Secretary of the Bidder/ all partners in case of Partnership firm/any person authorized in terms of Deed of LLP/Proprietor in favour of the authorised employee(s) of the Bidder, in respect of the particular tender for signing the Bid and all subsequent communications, agreements, documents etc. pertaining to the tender and to act and take any and all

decision on behalf of the Bidder, is to be submitted. In case of a Consortium/JV, Power of Attorney issued by Board of Directors/ CEO /Chairman MD / Company Secretary of the Consortium Leader as well as Consortium Member(s) of the Consortium/ partners of JV, in favour of the authorised employee(s) of the Consortium Leader/Lead member of JV, for signing the documents on behalf of the Bidder, in respect of this particular tender, to sign the Bid and all subsequent communications, agreements, documents etc. pertaining to the tender and act and take any and all decision on behalf of the Consortium/JV, are to be submitted.

The authorized employee(s) of the Bidder shall be signing the Bid and any

consequence resulting due to such signing shall be binding on the Bidder. 3 BIDS FROM "JOINT VENTURE"/"CONSORTIUM" (FOR APPLICABILITY OF

THIS CLAUSE REFER BIDDING DATA SHEET(BDS)) 3.1 Bids from consortium/ JV of two or more members (maximum three including

leader) are acceptable provided that they fulfill the qualification criteria and requirements stated in the Bidding Documents. Participating Consortium/ JV shall submit the Agreement as per the format F-29 clearly defining the scope and responsibility of each member. Members of consortium/ JV shall assume responsibility jointly & severally. The EMD shall be submitted by the Bidder (Consortium/ JV).

3.2 The Consortium/ JV Agreement must clearly define the leader/ lead partner,

who shall be responsible for timely completion of work/ services and shall receive/ send instructions for and on behalf of the consortium during the period the bid is under evaluation as well as during the execution of contract.

3.3 All the members shall authorize the representative from the lead partner by

submitting a Power of attorney (on a non-judicial stamp paper of appropriate value) signed by legally authorized signatories of all the member(s). Such authorization must be accompanied with the bid. The authorized signatory shall sign all the documents relating to the tender/ contract. However, in case of award, payment shall be made to the consortium.

3.4 A consortium/ JV once established at the time of submitting the Bid shall not

be allowed to be altered with respect to constituting members of the JV/ Consortium or their respective roles/ scope of work, except if and when required in writing by owner. If during the evaluation of bids, a consortium/JV proposes any alteration/ changes in the orientation of consortium/JV or replacements or inclusions or exclusions of any partner(s)/ member(s) which had originally submitted the bid, bid from such a consortium/JV shall be liable for rejection.

3.5 Any member of the consortium/ JV shall not be eligible either in an individual capacity or be a part of any other consortium/JV to participate in this tender. Further, no member of the consortium/ JV shall be on ‘Holiday’ by KLPL or Public Sector Project Management Consultant (like EIL, Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or banned/blacklisted by Government department/ Public Sector on due date of submission of bid. Offer submitted by such consortium/ JV shall not be considered for opening/ evaluation/Award.

4 ONE BID PER BIDDER 4.1 A Firm/Bidder shall submit only 'one [01] Bid' in the same Bidding Process. 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 Alternative Bids shall not be considered. 5 COST OF BIDDING & TENDER FEE 5.1 COST OF BIDDING

The Bidder shall bear all costs associated with the preparation and submission of the Bid including but not limited to Bank charges all courier charges including taxes & duties etc. incurred thereof. Further, KLPL will in no case, be responsible or liable for these costs, regardless of the outcome of the bidding process.

5.2 TENDER FEE( Not applicable) 5.2.1 Tender Fee, if applicable, will be acceptable in the form of ‘crossed payee

accounts only’ Bank Drafts/Banker’s Cheque [in favor of KLPL payable at place mentioned in BDS]. The Tender Fee is to be submitted as per Clause No. 2.0 (F) & 4.0 of IFB . A Bid without requisite Tender Fee will be ignored straightaway.

5.3 SMEs (Small & Micro Enterprises) are exempted from submission of Tender

Fee in accordance with the provisions of Public Procurement Policy for MSE-2012 and Clause 40 of ITB . The Government Departments/PSUs are also exempted from the payment of tender fee.

5.4 In the event of a particular tender being cancelled, the tender fee (excluding

GST thereupon, if any) will be refunded to the concerned bidders without any interest charges. No plea on interest charges in this regard shall be entertained by the Owner.

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 KLPL for non-

compliance due to lack of any kind of pre-requisite information as it is the sole responsibility of the Bidder to obtain all the necessary information with regard to site, surrounding, working conditions, weather etc. on its own before submission of the bid.

[B] – BIDDING DOCUMENTS

7 CONTENTS OF BIDDING DOCUMENTS 7.1 The contents of Bidding Documents / Tender Documents are those stated

below, and should be read in conjunction with any 'Addendum / Corrigendum' issued in accordance with "ITB: Clause-9": Section-I : Invitation for Bid [IFB] Section-II : BID EVALUATION CRITERIA [BEC] & Evaluation

methodology Section-III : Instructions to Bidders [ITB]

Annexure Forms & Format

Section-IV : General Conditions of Contract [GCC] Section-V : Special Conditions of Contract [SCC] Section-VI : Specifications, Scope of Work and Drawing Section-VII : Schedule of Rates *Request for Quotation’, wherever applicable, shall also form part of the Bidding Document.

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 BIDDING DOCUMENTS 8.1 A prospective Bidder requiring any clarification(s) of the Bidding Documents

may notify KLPL in writing or by fax or email at KLPL's mailing address indicated in the BDS no later than 02 (two) days prior to pre-bid meeting (in cases where pre-bid meeting is scheduled) or 05 (five) days prior to the due date of submission of bid in cases where pre-bid meeting is not held. KLPL reserves the right to ignore the bidders request for clarification if received after the aforesaid period. KLPL may respond in writing to the request for clarification. KLPL's response including an explanation of the query, but without identifying the source of the query will be uploaded on GAIL’s web site [http://gailtenders.in , Government and rgppl Websites] / communicated to prospective bidders by e-mail/ fax.

http://gailtenders.in/

8.2 Any clarification or information required by the Bidder but same not received by

the Employer at clause 8.1 (refer BDS for address) above is liable to be considered as "no clarification / information required".

9 AMENDMENT OF BIDDING DOCUMENTS 9.1 At any time prior to the 'Bid Due Date', Owner may, for any reason, whether at

its own initiative or in response to a clarification requested by a prospective Bidder, modify the Bidding Documents by addenda/ corrigendum.

9.2 Any addendum/ corrigendum thus issued shall be integral part of the Tender

Document and shall be hosted on the websites as provided at clause no. 2.0 (H) of IFB /communicated to prospective bidders by e-mail/ fax. Bidders have to take into account all such addendum/ corrigendum before submitting their Bid.

9.3 The Employer, if consider necessary, may extend the date of submissions of

Bid in order to allow the Bidders a reasonable time to furnish their most competitive bid taking into account the amendment 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 KLPL shall be written in English language only. In case a document, certificate, printed literature etc. furnished by the Bidder in in a language other than English, the same should be accompanied by an English translation duly authenticated by the Chamber of Commerce of Bidders Country, in which case, for the purpose of interpretation of the Bid, the English translation shall govern.

11. DOCUMENTS COMPRISING THE BID 11.1 In case the Bids are invited under the Manual two Bid system. The Bid

prepared by the Bidder shall comprise the following components sealed in 2 different envelopes:

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

following: (a) 'Covering Letter' on Bidder's 'Letterhead' clearly specifying the enclosed

contents. (b) 'Bidder's General Information', as per 'Form F-1'. (c) 'Bid Form', as per 'Form F-2' (d) Copies of documents, as required in 'Form F-3' (e) As a confirmation that the prices are quoted in requisite format

complying with the requirements copy of Schedule of Rate (SOR) with prices blanked out mentioning quoted / not quoted (as applicable) written against each item.

(f) 'Letter of Authority’ on the Letter Head, as per 'Form F-5' (g) 'No Deviation Confirmation', as per 'Form F-6' (h) 'Bidder's Declaration regarding Bankruptcy’, in 'Form F-7' (i) 'Certificate for Non-Involvement of Government of India ' from Bidder, as

per 'Form F-8' (j) 'Agreed Terms and Conditions', as per 'Form F-10/ F-10A' (k) 'ACKNOWLEDGEMENT CUM CONSENT LETTER', as per 'Form F-11' (l) Duly attested documents in accordance with the "BID EVALUATION

CRITERIA [BEC]" establishing the qualification. (m) Undertaking on the Letter head, as per the Form F-12. (n) Power of Attorney /copy of Board Resolution, in favour of the authorized

signatory of the Bid, as per clause no.2.7 of ITB (o) Details of proposed organization along with CVs of key personnel for

home and site offices as per Format F-14

(p) EMD in original as per Clause 16 of ITB

(q) All forms and Formats including Annexures. Any other information/details required as per Bidding Document

(r) Original Tender Fee (not applicable) (s) List of consortium/ JV member (s), if any, and Consortium Agreement

(as per format F-29) clearly defining their involvement & responsibility in this work, wherever applicable as specified elsewhere in the IFB/RFQ/BEC.

(t) ‘Integrity Pact’ as per ‘Form F-20’ (u) ‘Indemnity Bond’ as per ‘Form F-21’ (v) Details of Indian Agent Format F-26 / Agent/ Consultant/Retaining

Associates (w) Declaration about bidder‘s income tax liability in India as per Format F-

27 (y) Tender Document duly signed/ digitally signed by the Authorized

Signatory. (z) Additional document specified in Bidding Data Sheet (BDS).

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

11.1.2 ENVELOPE-II: Price Bid i) The Prices are to be submitted strictly as per the Schedule of Rate of the

bidding documents. KLPL shall not be responsible for any failure on the part of the bidder to follow the instructions.

ii) Bidders are advised NOT to mention Rebate/Discount separately, either in the SOR format or anywhere else in the offer. In case Bidder(s) intend to offer any Rebate/Discount, they should include the same in the item rate(s) itself under the “Schedule of Rates (SOR)” and indicate the discounted unit rate(s) only.

iii) If any unconditional rebate has been offered in the quoted rate the same shall be considered in arriving at evaluated price. However no cognizance shall be taken for any conditional discount for the purpose of evaluation of the bids.

iv) In case, it is observed that any of the bidder(s) has/have offered suo-moto Discount/Rebate after opening of unpriced bid but before opening of price bids such discount /rebate(s) shall not be considered for evaluation. However, in the event of the bidder emerging as the lowest evaluated bidder without considering the discount/rebate(s), then such discount/rebate(s) offered by the bidder shall be considered for Award of Work and the same will be conclusive and binding on the bidder.

v) In the event as a result of techno-commercial discussions or pursuant to seeking clarifications / confirmations from bidders, while evaluating the

un-priced part of the bid, any of the bidders submits a sealed envelope stating that it contains revised prices; such bidder(s) will be requested to withdraw the revised prices failing which the bid will not be considered for further evaluation.

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.

11.2 In case the bids are invited under e-tendering system, bidders are requested to

refer instructions for participating in E-Tendering enclosed herewith as Annexure-III and the ready reckoner for bidders available in https://etender.gail.co.in. (Not applicable for this tender) Bids submitted manually shall be accepted, the bids must be submitted as per details mentioned in IFB:-

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

above documents mentioned at 11.1.1 along with copy of EMD/Bid Bond, Tender fee (not applicable), copy of Power of Attorney and copy of integrity pact should be submitted along with the bid.

Further, Bidders must submit the original " EMD & Tender Fee (not applicable), 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, super scribing the details of Tender Document (i.e. tender number & tender for) on the date of un-priced bid opening. Bidders are required to submit the EMD in original by Due Date and Time of Bid Submission or upload a scanned copy of the same in the Part-I of the Bid. If the Bidder is unable to submit EMD in original by Due Date and Time of Bid Submission, the Bidder is required to upload a scanned copy of the EMD in Part-I of Bid, provided the original EMD, is received on the Due Date of Bid Opening, failing which the Bid will be rejected irrespective of their status/ranking in tendering process.

11.2.2PART-II: PRICE BID

The Prices are to be filled strictly in the Schedule of Rate of the bidding documents and provision mentioned at para 11.1.2 hereinabove and in SOR.

11.3 In case of bids invited under single bid system, a single envelope containing all

documents specified at Clause 11.1.1 & 11.1.2 of ITB above form the BID. All

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

corresponding conditions specified at Clause 11.1.1 & 11.1.2 of ITB shall become applicable in such a case.

12 SCHEDULE OF RATES / BID PRICES 12.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for

the whole works as described in Bidding Documents, based on the rates and prices submitted by the Bidder and accepted by the Employer. The prices quoted by the Bidders will be inclusive of all taxes except GST (CGST & SGST/UTGST or IGST).

12.2 Prices must be filled in format for "Schedule of Rates [SOR]" enclosed as part

of Tender document. If quoted in separate typed sheets and any variation in item description, unit or quantity is noticed; the Bid is liable to be rejected.

12.3 Bidder shall quote for all the items of "SOR" after careful analysis of cost

involved for the performance of the completed item considering all parts of the Bidding Document. In case any activity though specifically not covered in description of item under "SOR" but is required to complete the works as per Specifications, Scope of Work / Service, Standards, General Conditions of Contract (“GCC"), Special Conditions of Contract ("SCC") or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity.

12.4 All duties, taxes and other levies [if any] payable by the Contractor under the

Contract, or for any other cause except final GST (CGST & SGST/ UTGST or IGST) shall be included in the rates / prices and the total bid-price submitted by the Bidder. Applicable rate of GST (CGST & SGST/ UTGST or IGST) on the contract value shall be indicated in Agreed Terms & Conditions (Format-F10 & F-10 A, as the case maybe) and SOR.

12.5 Prices quoted by the Bidder, shall remain firm and fixed and valid until

completion of the Contract and will not be subject to variation on any account. Any new taxes & Duties, if imposed by the State/ Govt. of India after due date of bid submission but before the Contractual Delivery Date, shall be reimbursed to the contractor on submission of documentary evidence for proof of payment to State/ Govt. Authorities and after ascertaining it’s applicability with respect to the contract.

12.6 The Bidder shall quote the prices in 'figures' & words. There should not be any

discrepancy between the prices indicated in figures and the price indicated in words. In case of any discrepancy, the same shall be dealt as per clause no. 30 of ITB.

12.7 Further, Bidder shall also mention the Service Accounting Codes (SAC) / Harmonized System of Nomenclature (HSN) at the designated place in SOR.

13 GST (CGST & SGST/ UTGST or IGST ) 13.1 Bidders are required to submit copy of the GST Registration Certificate while

submitting the bids wherever GST (CGST & SGST/UTGST or IGST) is applicable.

13.2 Quoted prices should be inclusive of all taxes and duties, except GST (CGST

& SGST or IGST or UTGST). Please note that the responsibility of payment of GST (CGST & SGST or IGST or UTGST) lies with the Supplier of Goods / Services only. Supplier of Goods / Services (Service Provider) providing taxable service shall issue an 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 Supplier of Goods / Services (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, KLPL 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 CBEC (Central Board of Excise and Customs)/ any equivalent Central

Government agency/ State Government agency brings to the notice of KLPL that the Supplier of Goods / Services (Service Provider) has not remitted the amount towards GST (CGST & SGST/UTGST or IGST) collected from KLPL to the government exchequer, then, that Supplier of Goods / Services (Service Provider) shall be put under Holiday list of KLPL for period of six months as mentioned in Procedure for Evaluation of Performance of Vendors/ Suppliers/Contractors/ Consultants.

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 Supplier of Goods / Services (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 KLPL 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 KLPL is entitled for input tax credit of GST

(CGST & SGST/UTGST or IGST), then statutory variation in applicable GST (CGST & SGST/UTGST or IGST) on supply and on incidental services, shall be to KLPL’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 the KLPL is entitled to avail the input tax credit of GST (CGST &

SGST/UTGST or IGST):- 13.5.1Owner/KLPL will reimburse the GST (CGST & SGST/UTGST or IGST) to the

Supplier of Goods / Services (Service Provider) at actuals against submission of Invoices as per format specified in rules/ regulation of GST to enable Owner/KLPL 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.

13.5.2The input tax credit of GST (CGST & SGST/UTGST or IGST) quoted shall be

considered for evaluation of bids, as per evaluation criteria of tender document.

13.6 Where the KLPL is not entitled to avail/take the full input tax credit of GST

(CGST & SGST/UTGST or IGST):- 13.6.1Owner/KLPL will reimburse GST (CGST & SGST/UTGST or IGST) to the

Supplier of Goods / Services (Service Provider) at actuals against submission of 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.

13.6.2The bids will be evaluated based on total price including applicable GST

(CGST & SGST/UTGST or IGST). 13.7 KLPL 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, their prices will be loaded with applicable GST (CGST & SGST/UTGST or IGST) while evaluation of bid. Where KLPL is entitled for input credit of GST (CGST & SGST/UTGST or IGST), the same will be considered for evaluation of bid as per evaluation methodology of tender document.

13.8 In case KLPL is required to pay entire/certain portion of applicable GST (CGST

& SGST/UTGST or IGST) and remaining portion, if any, is to be deposited by Bidder directly as per GST (CGST & SGST/UTGST or IGST) laws, entire applicable rate/amount of GST (CGST & SGST/UTGST or IGST) to be indicated by bidder in the SOR.

Where KLPL has the obligation to discharge GST (CGST & SGST/UTGST or IGST) liability under reverse charge mechanism and KLPL 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 KLPL or ITC with respect to such payments is not available to KLPL for any reason which is not attributable to KLPL, then KLPL shall be entitled to deduct/ setoff / recover such amounts against any amounts paid or payable by KLPL to Contractor / Supplier.

13.9 Contractor shall ensure timely submission of invoice(s) as per rules/

regulations of GST with all required supporting document(s) within a period specified in Contracts/ LOA to enable KLPL to avail input tax credit. Further, returns and details required to be filled under GST laws & rules should be timely filed by supplier with requisite details.

If input tax credit with respect to GST (CGST & SGST/UTGST or IGST) is not available to KLPL for any reason which is not attributable to KLPL, then KLPL shall not be obligated or liable to pay or reimburse GST (CGST & SGST/UTGST or IGST) charged in the invoice(s) and shall be entitled to / deduct/ setoff /recover the such GST (CGST & SGST/UTGST or IGST UTGST) thereupon together with all penalties and interest if any, against any amounts paid or payable by KLPL to Supplier of Goods / Services.

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 Supplier of Goods / Services may note the above and quote their prices accordingly.

13.11 In case the GST rating of vendor on the GST portal / Govt. official website is

negative / black listed, then the bids may be rejected by KLPL. Further, in case

https://cleartax.in/s/gst-input-tax-credit

rating of bidder is negative / black listed after award of work for supply of goods / services, then KLPL shall not be obligated or liable to pay or reimburse GST to such vendor and shall also be entitled to deduct / recover such GST along with all penalties / interest, if any, incurred by KLPL.

13.12 GST (CGST & SGST/UTGST or IGST) is implemented w.e.f. 01.07.2017

which subsumed various indirect taxes and duties applicable before 01.07.2017. Accordingly, the provisions of General Condition of Contract relating to taxes and duties which are subsumed in GST are modified to aforesaid provisions mentioned in clause no. 12 and 13 of ITB.

14 BID CURRENCIES:

14.1. Indian Bidders may submit bid in Indian Rupees or in any foreign currency and receive payment in such currency.

14.2.

Foreign bidders may submit bid in the home currency of bidder’s country or US$/GBP/EURO/ INR.

14.3. A bidder expecting to incur a portion of his expenditure in the performance of Contract in more than one currency

(limited to maximum two currencies) (without prejudice to the provisions of Clause 14.2) and

T Wishito be paid accordingly shall indicate the same in the bid. In such a case, the bid shall be expressed

in different currencies with the respective amounts in each currency together making up the total price.

14.4. Currency once quoted will not be allowed to be changed. Employer shall not be compensating for any exchange rate fluctuation

14.5. Prices quoted in foreign currency shall be converted to a single currency i.e. INR. Bills selling rate of State Bank of India one day prior to the due date of opening of bids shall be considered for conversion purpose.

14.6 In case no currency indicated in the short excel sheet of SOR, the bid submitted by the bidder shall be rejected.

15 BID VALIDITY 15.1 Bids shall be kept valid for period specified in BDS from the final Due date of

submission of bid'. A Bid valid for a shorter period may be rejected by KLPL as 'non-responsive'.

15.2 In exceptional circumstances, prior to expiry of the original 'Bid Validity Period',

the Employer may request the Bidders to extend the 'Period of Bid Validity' for a specified additional period. The request and the responses thereto shall be made in writing or by fax/email. A Bidder may refuse the request without forfeiture of his EMD. 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 (i.e Earnest Money Deposit

(EMD) also known as Bid Security) in the form of ‘Demand Draft’ / ‘Banker’s Cheque’ [in favour of Konkan LNG Private Limited payable at place mentioned in BDS] or ‘Bank Guarantee’ or ‘Letter of Credit’ strictly as per the format given in form F 4/ F- 4A (as the case may be) of the Tender Document. Bidder shall ensure that EMD submitted in the form of ‘Bank Guarantee’ or ‘Letter of Credit’ should have a validity of at least ‘two [02] months’ beyond the validity of the Bid. EMD submitted in the form of ‘Demand Draft’ or ‘Banker’s Cheque’ should be valid for three months.

Bid not accompanied with EMD, or EMD not in requisite format shall be liable for rejection. The EMD shall be submitted in Indian Rupees only.

16.2 The EMD is required to protect KLPL against the risk of Bidder’s conduct,

which would warrant the forfeiture of EMD, pursuant to clause-16.7 of ITB. 16.3 KLPL 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 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.

16.4 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.3” may

be rejected by KLPL as non-responsive. 16.5 Unsuccessful Bidder’s EMD will be discharged/ returned as promptly as

possible, but not later than ‘thirty [30] days’ after finalization of tendering process.

16.6 The successful Bidder’s EMD will be discharged upon the Bidder’s

acknowledging the ‘Award’ and signing the ‘Agreement’ (if applicable) and

furnishing the ‘Contract Performance Security (CPS)/ Security Deposit’ pursuant to clause no. 38 of ITB.

16.7 Notwithstanding anything contained herein, the EMD may also be forfeited in

any of the following cases:

(a) If a Bidder withdraws his Bid during the ‘Period of Bid Validity’ (b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice (c) If the Bidder modifies Bid during the period of bid validity (after Due Date

and Time for Bid Submission). (d) Violates any other condition, mentioned elsewhere in the Tender

Document, which may lead to forfeiture of EMD. (e) In the case of a successful Bidder, if the Bidder fails to:

(i) to acknowledge receipt of the “Notification of Award” / Fax of Acceptance[FOA]”,

(ii) to furnish “Contract Performance Security / Security Deposit”, in accordance with “ITB: Clause-38”

(iii) to accept ‘arithmetical corrections’ as per provision of the clause 30 of ITB.

16.8 In case EMD is in the form of ‘Bank Guarantee’ or ‘Letter of Credit’, the same

must indicate the Tender Document No. and the name of Tender Document for which the Bidder is quoting. This is essential to have proper correlation at a later date.

16.9 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in

accordance with the provisions of PPP-2012 and Clause 40 of ITB. The Government Departments/PSUs are also exempted from the payment of EMD. However, Traders/Dealers/ Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD.

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 KLPL e-tendering website against the Tender. 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 Addendum / Corrigendum pursuant to "ITB: Clause-9", and not

through the minutes of the Pre-Bid Meeting. 17.4 Non-attendance of the Pre-Bid Meeting will not be a cause for disqualification

of Bidder. 18 FORMAT AND SIGNING OF BID 18.1 The original and all copies of the Bid shall be typed or written in indelible ink [in

the case of copies, photocopies are also acceptable] and shall be signed by a person or persons duly authorized to sign on behalf of the Bidder (as per POA). The name and position held by each person signing, must be typed or printed below the signature. All pages of the Bid except for unamended printed literature where entry(s) or amendment(s) have been made shall be initialed by the person or persons signing the Bid.

18.2 The Bid shall contain no alterations, omissions, or additions, unless such

corrections are initialed by the person or persons signing the Bid. 18.3 In case of e-tendering, digitally signed documents to be uploaded as detailed

in addendum to ITB( Not applicable for this tender). 19 ZERO DEVIATION AND REJECTION CRITERIA 19.1 ZERO DEVIATION: Deviation to terms and conditions of "Bidding Documents"

may lead to rejection of bid. KLPL will accept bids based on terms & conditions of "Bidding Documents" only. Bidder may note KLPL 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. KLPL's determination of a bid's responsiveness is based on the content of the bid itself without recourse to extrinsic evidence. KLPL reserves the right to raise technical and/or commercial query(s), if required, may be raised on the bidder(s). The response(s) to the same shall be in writing, and no change in the price(s) or substance of the bids shall be sought, offered or permitted. The substance of the bid includes but not limited to prices, completion, scope, technical specifications, etc. Bidders are requested to not to take any deviation/exception to the terms and conditions laid down in this "Tender Documents", and submit all requisite documents as mentioned in this "Tender Documents", failing which their offer 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.

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 (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

KLPL has initiated payments to Suppliers and Contractors electronically, and to facilitate the payments electronically through 'e-banking'. The successful bidder should give the details of his bank account as per the bank mandate form.

[D] – SUBMISSION OF BIDS

21 SUBMISSION, SEALING AND MARKING OF BIDS 21.1 In case of e-tendering, bids shall be submitted through e-tender mode in the

manner specified elsewhere in tender document. No Manual/ Hard Copy (Original) offer shall be acceptable (Not applicable for this tender).

21.2 In case of manual tendering bid must be submitted in sealed envelope. If the

envelope is not sealed & marked as per Clause No. 11 of ITB, the employer will assume no responsibility for misplacement or pre-mature opening of the bid.

21.3 All the bids shall be addressed to the owner at address specified in IFB. 21.4 Bids submitted under the name of AGENT/ CONSULTANT/

REPRESENTATIVE /RETAINER/ ASSOCIATE etc. on behalf of a bidder/affiliate shall not be accepted.

22 DEADLINE FOR SUBMISSION OF BIDS 22.1 In case of e-bidding, the bids must be submitted through e-tender mode not

later than the date and time specified in the tender documents/BDS(Not applicable for this tender).

22.2 In case of manual tendering EMD along with bid must be submitted within the

due date & time. 22.3 KLPL may, in exceptional circumstances and at its discretion, extend the

deadline for submission of Bids (clause 9 of ITB refers). In which case all rights and obligations of KLPL 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 KLPL’s website/ communicated to the bidders.

23 LATE BIDS 23.1 Any bids received after the notified date and time of closing of tenders will be

treated as late bids. 23.2 In case of e-tendering, e-tendering system of KLPL shall close immediately

after the due date for submission of bid and no bids can be submitted thereafter(Not applicable for this tender). In case of manual tendering, bids received by KLPL after the due date for submission of bids shall not be considered. Such late bids shall be returned to the bidder within “10 days” in ‘unopened conditions’. The EMD of such bidders shall be returned along with the un-opened bid. In case of e-tendering, where the bid bond/physical documents has been received but the bid is not submitted by the bidder in the e-tendering portal, such bid bond/ physical documents shall be returned immediately.

23.3 Unsolicited Bids or Bids received to address other than one specifically stipulated in the tender document will not be considered for evaluation/opening/award if not received to the specified destination within stipulated date & time.

24 MODIFICATION AND WITHDRAWAL OF BIDS 24.1 Modification and withdrawal of bids shall be as follows:- 24.1.1IN CASE OF E- TENDERING(Not applicable for this tender). The bidder may withdraw or modify its bid after bid submission but before the

due date and time for submission as per tender document. 24.1.2IN CASE OF MANUAL BIDDING

The bidder may withdraw or modify its bid after bid submission but before the due date for submission as per tender document provided that the written notice of the modification/ substitution/ withdrawal in received by KLPL prior to the deadline for submission of bid.

24.2 The modification shall also be prepared, sealed, marked and dispatched in

accordance with the provisions of the clause 11 & 22 of ITB with relevant ‘Cut-Out Slip’ duly pasted and mentioning on top of the envelope as “MODIFICATION”. In case of withdrawal of bid, the Envelope containing withdrawal letter duly superscribing the envelope as “WITHDRAWAL” and “Tender Document number : KLPL./HQ/C&P/Hiring of Compressors/ 1/2018”/ communication regarding withdrawal of bid with “Tender Document number : KLPL./HQ/C&P/Hiring of Compressors/ 1/2018”/ must reach concerned dealing official of KLPL within Due date & Time of submission of Bid. No bid shall be modified/ withdrawn after the Due Date & Time for Bid submission.

24.3 Any withdrawal/ modification/substitution of Bid in the interval between the Due

Date & Time for Bid submission and the expiration of the period of bid validity specified by the Bidder in their Bid shall result in the Bidder’s forfeiture of EMD pursuant to clause 16 of ITB and rejection of Bid.

24.4 The latest Bid submitted by the Bidder shall be considered for evaluation and

all other Bid(s) shall be considered to be unconditionally withdrawn. 24.5 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, KLPL shall forfeit EMD paid by the bidder and such bidders shall be debarred from participation in re-tendering of the same job(s)/item(s). Further, such bidder will be put on holiday for a period of six months after following the due procedure.

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

ALL BIDS KLPL 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 KLPL's action. However, Bidder if so desire may seek the reason (in writing) for rejection of their Bid to which KLPL shall respond quickly.

[E] – BID OPENING AND EVALUATION

26 BID OPENING 26.1 Unpriced Bid Opening :

KLPL will open bids, in the presence of bidders’ designated representatives who choose to attend, at date, time and location stipulated in the BDS. The bidders’ representatives, who are present shall sign a bid opening register evidencing their attendance.

26.2 Priced Bid Opening: 26.2.1KLPL will open the price bids of those bidders who meet the qualification

requirement and whose bids is determined to be technically and commercially responsive. Bidders selected for opening of their price bids shall be informed about the date of price bid opening. Bidders may depute their authorized representative to attend the bid opening. The bidders’ representatives, who are present shall sign a register evidencing their attendance and may be required to be present on a short notice.

26.2.2The price bids of those Bidders who were not found to be techno-commercially

responsive shall not be opened in both manual tendering and e-tendering. In case of Manual Tender, the envelope containing Price Bid shall be returned unopened after opening of the price bids of techno-commercially responsive Bidders.

26.3 In case of bids invited under the single bid system, bid shall be opened on the

specified due date & time. 27 CONFIDENTIALITY

Information relating to the examination, clarification, evaluation and comparison of Bids, and recommendations for the award of a Contract, shall not be disclosed to Bidder(s) or any other persons not officially concerned with such process.

28 CONTACTING THE EMPLOYER 28.1 From the time of Bid opening to the time of award of Contract, if any Bidder

wishes to contact the Employer on any matter related to the Bid, it should do so in writing. Information relating to the examination, clarification, evaluation & recommendation for award shall not be disclosed.

28.2 Any effort by the Bidder to influence the Employer in the Employer's 'Bid Evaluation', 'Bid Comparison', or 'Contract Award' decisions may result in the rejection of the Bidder's Bid and action shall be initiated as per procedure in this regard.

29 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS 29.1 The owner’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'; (d) Is substantially responsive to the requirements of the Bidding

Documents; and (e) Provides any clarification and/or substantiation that the Employer may

require to determine responsiveness pursuant to "ITB: Clause-29.2" 29.2 A substantially responsive Bid is one which conforms to all the terms,

conditions and specifications of the Bidding Documents without material deviations or reservations or omissions for this purpose employer defines the foregoing terms below:- a) “Deviation” is departure from the requirement specified in the tender

documents. b) “Reservation” is the setting of limiting conditions or withholding from

complete acceptance of the requirement in the tender documents. c) “Omission” is the failure to submit part or all of the information or

documentation required in the tender document. 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 If a Bid is not substantially responsive, it may be rejected by the Employer and

may not subsequently be made responsive by correction or withdrawal of the of material deviation, reservation or omission.

30 CORRECTION OF ERRORS 30.1 Bids determined to be substantially responsive will be checked by the

Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:

(i) When there is a difference between the rates in figures and words, the

rate which corresponds to the amount worked out by the Bidder (by multiplying the quantity and rate) shall be taken as correct.

(ii) When the rate quoted by the Bidder in figures and words tallies but the

amount is incorrect, the rate quoted by the contractor shall be taken as correct and not the amount and the amount shall be re-calculated/ corrected accordingly.

(iii) When it is not possible to ascertain the correct rate, in the manner

prescribed above, the rate as quoted in words shall be adopted and the amount worked out, for comparison purposes

30.2 The amount stated in the bid will be adjusted by the Employer in accordance

with the above procedure for the correction of errors. If the bidder does not accept the corrected amount of bid, its bid will be rejected, and the bid security shall be forfeited.

31 CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS

To facilitate evaluation and comparison, the Employer / Consultant will convert all bid prices expressed in the amounts in various currencies in which the bid price is payable to single currency and that will be Indian Rupees only. as per following methodology:

The following methodology shall be adopted for evaluation of bids in foreign currencies considering the forward rate:

(i) The forward rates applicable as on the expected date of delivery/

Completion shall be considered. To arrive at the forward exchange rate applicable on reference date, the following method shall be applied:

(ii)Wherever only one time delivery is to be made against order or one-time

payment is to be made after completion period of contract: The reference date shall be the date of price bid opening plus delivery/ completion period specified in tender

(iii)The applicable closing forward rates of M/s Bloomberg (or other software

as decided by company from time to time) for different currencies for the above reference date obtained one day prior to price bid opening shall be considered for evaluation of bids.

32 EVALUATION AND COMPARISON OF BIDS

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

33 COMPENSATION FOR EXTENDED STAY (NOT APPLICABILE) 33.1 In the event of the time of completions of work getting delayed beyond the time

schedule indicated in the bidding document plus a grace period equivalent to 1/5th of the time schedule or 2 months whichever is more, due to reasons solely attributable to Employer, the Contractor shall be paid compensation for extended stay (ESC) to maintain necessary organizational set up and construction tools, tackles, equipment etc. at site of work.

33.2 The bidder is required to specify the rate for ESC on per month basis in the

“PRICE PART” of his bid, which shall be considered for loading on total quoted price during price bid evaluation. The loading shall be done of a period of 1/5th of the time schedule or 1 month whichever is less. In case bidder does not indicate the rate for ESC in price part of his bid, it will be presumed that no ESC is required by the bidder and evaluation shall be carried out accordingly.

34 PURCHASE PREFERENCE

Purchase preference to Central government public sector Undertaking and Micro and Small Enterprises (MSEs) shall be allowed as per Government instructions in vogue.

[F] – AWARD OF CONTRACT

35 AWARD

Subject to "ITB: Clause-29", KLPL 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.

36 NOTIFICATION OF AWARD / FAX OF ACCEPTANCE 36.1 Prior to the expiry of ‘Period of Bid Validity’, Notification of Award for

acceptance of the Bid will be intimated to the successful Bidder by KLPL either

by Fax / 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 KLPL and successful Bidder (i.e. Contractor/Service Provider). The Notification of Award/FOA will constitute the formation of a Contract. The detailed Letter of Acceptance shall be issued thereafter incorporating terms & conditions of Tender Document, Corrigendum, Clarification(s), Bid and agreed variation(s)/acceptable deviation(s), if any. KLPL may choose to issue Notification of Award in form of detailed Letter of Acceptance without issuing FOA and in such case the Contract shall enter into force on the date of detailed Letter of Acceptance only.

36.2 Contract period shall commence from the date of "Notification of Award" or as mentioned in the Notification of Award. The "Notification of Award" will constitute the formation of a Contract, until the Contract has been effected pursuant to signing of Contract as per "ITB: Clause-37". Upon the successful Bidder's / Contractor's furnishing of 'Contract Performance Security / Security Deposit', pursuant to "ITB: Clause-38", KLPL will promptly discharge his 'Earnest Money / Bid Security', pursuant to "ITB: Clause-16"

37 SIGNING OF AGREEMENT 37.1 KLPL will award the Contract to the successful Bidder, who, within 'fifteen [15]

days' of receipt of the same, shall sign and return the acknowledged copy to KLPL.

37.2 The successful Bidder/Contractor 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/Contractor] and of ' state' specified in Bidding Data Sheet (BDS) only, within 'fifteen [15] days' of receipt of the "Fax of Acceptance [FOA]" of the Tender by the successful Bidder/Contractor failure on the part of the successful Bidder/Contractor to sign the 'Agreement' within the above stipulated period, shall constitute sufficient grounds for forfeiture of EMD/Security Deposit.

38 CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT 38.1 Within 30 days of the receipt of the notification of award/ Fax of Acceptance

from KLPL, 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 Bank Guarantee or Letter of Credit and shall be in the currency of the Contract. However, CPS shall not be applicable in cases wherein the individual order/contract value as specified in Notification of Award is less than INR 5 Lakh (exclusive of GST).

38.2 The contract performance security shall be for an amount equal to specified in

Bidding Data Sheet (BDS) towards faithful performance of the contractual obligations and performance of equipment. For the purpose of CPS, Contract/order value shall be exclusive of GST (CGST & SGST/UTGST or IGST) to be reimbursed by the Owner.

Bank Guarantee towards CPS shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank in case of Indian bidder as well as foreign bidder. However, in case of bank guarantees from banks other than the Nationalized Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect should be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead. This bank guarantee shall be valid for a period as three months beyond the DLP specified in Bid Data Sheet.

38.3 Failure of the successful bidder to comply with the requirements of this article shall constitute sufficient grounds for the annulment of the award and forfeiture of the EMD.

38.4 The CPS has to cover the entire contract value including extra works/services

also. As long as the CPS submitted at the time of award take cares the extra works/ services executed and total executed value are within the awarded contract price, there is no need for additional CPS. As soon as the total executed value is likely to burst the ceiling of awarded contract price, the contractor should furnish additional CPS.

38.5 Further, the bidder can submit CPBG on line through issuing bank to KLPL

directly as per Ministry of Finance (MOF) Department of financial service direction vide letter ref number F.No.7/112/2011-BOA dated 17th July 2012. In such cases confirmation will not be sought from issuing banker by KLPL.

39 PROCEDURE FOR ACTION IN CASE CORRUPT/

FRAUDULENT/COLLUSIVE/ COERCIVE PRACTICES

39.1 Procedure for action in case Corrupt/ Fraudulent/Collusive/Coercive Practices is enclosed at Annexure-I.

39.2 The Fraud Prevention Policy document is available on GAIL’s website

(www.gailonline.com) 39.3 NON-APPLICABILITY OF ARBITRATION CLAUSE IN CASE OF BANNING

OF VENDORS/ SUPPLIERS / CONTRACTORS/BIDDERS/ CONSULTANTS INDULGED IN FRAUDULENT/ COERCIVE PRACTICES

http://www.gailonline.com/

Notwithstanding anything contained contrary in GCC and other "CONTRACT DOCUMENTS", in case it is found that the Vendors/ Suppliers / Contractors/Bidders/ Consultants indulged in fraudulent/ coercive practices at the time of bidding, during execution of the contract etc., and/or on other grounds as mentioned in KLPL’s “Procedure for action in case Corrupt/Fraudulent/Collusive/Coercive Practices” (Annexure-I), the contractor/bidder shall be banned (in terms of aforesaid procedure) from the date of issuance of such order by KLPL, to such Vendors/ Suppliers / Contractors/Bidders/ Consultants. The Vendor/ Supplier / Contractor/ Bidder/Consultant understands and agrees that in such cases where Vendor/ Supplier / Contractor/ Bidder/Consultant has been banned (in terms of aforesaid procedure) from the date of issuance of such order by KLPL, such decision of KLPL shall be final and binding on such Vendor/ Supplier / Contractor/ Bidder/Consultant 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, works and services from Micro and Small Enterprises (MSEs)

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

the 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 enterprise and such micro and small enterprises shall be allowed to supply upto 20% of the 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 20%, 4% shall be from MSEs owned by SC/ST entrepreneurs. This quota is to be transferred to other MSEs in case of non-availability of MSEs owned by SC/ST entrepreneurs. 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 lowest 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 MSEs 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.

40.3 In case bidder is a Micro or Small Enterprise under the Micro, Small and

Medium Enterprises Development Act, 2006, the bidder shall submit the following :

a) Documentary evidence that the bidder is a Micro or Small Enterprises

registered with District Industries Centers or Khadi and Village Industries National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises or Udyog Aadhaar Memorandum.

b) If the MSE is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary evidence in this regard.

The above documents submitted by the bidder shall be duly certified by the Chartered Accountant (not being an employee or a Director or not having any interest in the bidder’s company/firm) and notary public with legible stamp. If the bidder does not provide the above confirmation or appropriate document or any evidence, then it will be presumed that they do not qualify for any preference admissible in the Public Procurement Policy (PPP) 2012. Further, MSEs who are availing the benefits of the Public Procurement Policy (PPP) 2012 get themselves registered with MSME Data Bank being operated by NSIC, under SME Division, M/o MSME, in order to create proper data base of MSEs which are making supplies to CPSUs.

40.4 If against an order placed by KLPL, successful bidder(s) (other than Micro/Small Enterprise) is procuring material/services from their sub-vendor who is a Micro or Small Enterprise registered with District Industries Centers or Khadi and Village Industries Commission or Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body specified by Ministry of Micro, Small and Medium Enterprises with prior consent in writing of the purchasing authority/Engineer-in-charge, the details like Name, Registration No., Address, Contact No. details of material & value of procurement made, etc. of such Enterprises shall be furnished by the successful bidder at the time of submission of invoice/Bill.

40.5 The benefit of policy are not extended to the traders/dealers/

Distributors/Stockiest/Wholesalers.

41 AHR ITEMS

In item rate contract where the quoted rates for the items exceed 50% of the estimate rates, such items will be considered as Abnormally High Rates (AHR) items and payment of AHR items beyond the SOR stipulated quantities shall be made at the lowest amongst the following rates: I) Rates as per SOR, quoted by the Contractor/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 includes contractor’s supervision, profit, overheads and other expenses).

b. In case rates are not available in the contract, rates will be calculated based on prevailing market rates of machine, material and labour plus 15% to cover contractor’s supervision profit, overhead & other expenses.

42 VENDOR PERFORMANCE EVALUATION

Shall be as stipulated Annexure II to ITB herewith.

43 INCOME TAX & CORPORATE TAX 43.1 Income tax deduction shall be made from all payments made to the contractor

as per the rules and regulations in force and in accordance with the Income Tax Act prevailing from time to time.

43.2 Corporate Tax liability, if any, shall be to the contractor’s account. 43.3 TDS, wherever applicable, shall be deducted as per applicable act/law/rule. 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.

Accordingly, supplier/ contractor/ service provider/ consultant should mention their PAN no. in their invoice/ bill for any transaction exceeding Rs. 2 lakhs. As provided in the notification, in case supplier/ contractor/ service provider/ consultant do not have PAN no., they have to submit declaration in Form 60 along with invoice/ bill for each transaction.

Payment of supplier/ contractor / service provider/ consultant shall be processed only after fulfilment of above requirement

44. SETTLEMENT OF DISPUTES BETWEEN GOVERNMENT DEPARTMENT

AND ANOTHER AND ONE GOVERNMENT DEPARTMENT AND PUBLIC ENTERPRISE AND ONE PUBLIC ENTERPRISE AND ANOTHER

In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitrator under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary / Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

45 DISPUTE RESOLUTION (ADDENDUM TO PROVISION REGARDING

APPLICABLE LAWS AND SETTLEMENT OF DISPUTES OF GCC)

45.1 GAIL India Ltd. 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 www.gailonline.com 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 Agreement 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.

45.2 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.

45.3 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.

45.4 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.

45.5 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.

45.6 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. 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.

45.7 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 equally.

45.8 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.

46.0 INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS

PROVIDERS) INAM-Pro (Platform for infrastructure and materials providers) is a web based platform for infrastructure provides and materials suppliers and was developed by Ministry of Road Transport and Highways (MoRT&H) with a view to reduce project execution delays on account of supply shortages and inspire greater confidence in contractors to procure cement to start with directly from the manufacturers. Presently, numerous cement companies are registered in the portal and offering cement for sale on the portal with a commitment period of 3 years. These companies have bound themselves by ceiling rates for the entire commitment period, wherein they are allowed to reduce or increase their cement rates any number of times within the ceiling rate, but are not permitted

to exceed the said ceiling rate.

MoRT&H is expanding the reach of this web-portal by increasing both the product width as well as the product depth. They are working on incorporating 60 plus product categories. The product range will span from large machineries like Earth Movers and Concrete Mixers, to even the smallest items like road studs. MoRT&H intend to turn it into a portal which services every infrastructure development related need of a modern contractor.

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

47 PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS To promote cashless transactions, the onward payments by Contractors to their employees, service providers, sub-contractors and suppliers may be made through Cards and Digital means to the extent possible

48 CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING TO SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY

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

49. QUARTERLY CLOSURE OF THE CONTRACT (APPLICABLE)

During execution of contracts/orders, various issues may arise. In order to timely detect and to address the contractual issue (s) during the execution of contracts, KLPL has introduced a mechanism of quarterly closure of the contract, under which all the issues related to the contract execution will be monitored on quarterly basis for resolution.

Vendors/Contractors are required to co-operate with EIC for proper implementation of this mechanism for smooth execution of the contract.”

50. 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): NOT APPLICABLE

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.

Further, the Startups are also exempted from submission of EMDs. For availing the relaxation, bidder is required to submit requisite certificate towards Startup enterprise registration issued by Department of Industrial Policy and Promotion, Ministry of Commerce and the certificate should be certified by the Chartered Accountant (not being an public with legible stamp. If a Startup [whether Micro & Small Enterprises (MSEs) or otherwise] gets qualified without turnover and experience criteria specified in tender and emerges lowest bidder, the order on such Startup shall be placed for entire tendered quantity/group/item/part wise as stated in tender. 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.

51. PERMANENT ESTABLISHMENT (PE) W.R.T. FOREIGN BIDDERS:

Foreign bidders must submit (along with their bid) the following particulars which are required to be furnished by KLPL to Income Tax Department for complying with the requirements for making remittances to non-residents as per Income Tax Act, 1961 (as amended from time to time):

(i) Certificate of having No Permanent Establishment / No Business Connection in India (Annexure-1).

(ii) In case the non-resident has a Fixed Place Permanent Establishment (PE) or a Dependent Agency PE in India, in terms of the Double Taxation Avoidance Agreement (DTAA)between India and his country of tax residence through which the non-resident carries on business activities in relation to its engagement by KLPL, the address of the Fixed Place PE or name & address of the Dependent Agent is to be provided.

(iii) Deemed Permanent Establishment: Whether by carrying on activities in

relation to its engagement by KLPL, the non-resident constitutes an Installation / Construction PE or a Service PE in India in terms of the DTAA between India and his country of tax residence

(iv) If the non-resident has PE in India, whether the remittances to be made to

him under his engagement by KLPL are attributable to such PE or not with reasons thereof

(v) Non-resident’s complete address in the country of residence along with Local Contact No. with ISD Code and E-Mail ID of concerned person.

(vi) If the non-resident has an Indian Income Tax Permanent Account Number

(PAN), details of the same

(vii) Country of tax residence of the non-resident supported by a Tax Residency

certificate(TRC) issued by the Government of country or specified territory to the effect that the person named therein is a resident of that country or specified territory along-with Form 10F, if non- resident desire to avail benefits available under Double Tax Avoidance Agreement(DTAA).

(viii) If it is not possible for the non-resident to obtain & submit Tax Residency

Certificate to KLPL within a reasonable time, the bidder should furnish Form No. 10F along with an undertaking to the effect that the bidder is a tax resident of (the specified country) and that they shall obtain and provide the TRC to KLPL before 30 days of submission of first Invoice by them or within 3 months from the date of entering into the contract whichever is earlier.

(ix) Whether the non-resident is constituted as a company, a partnership firm, or

any other form of business organization.

In addition to above particulars, the bidder should also provide any other information as may be required later for determining the taxability of the amount to be remitted to the non-resident. Further, the bidder shall be liable to intimate the subsequent changes (if any) to the information submitted against any of the above particulars, along with full details.

Bidders should note that if there is any delay in submission / non-submission of information / documents required as above with in the specified time, KLPL will be constrained to deduct tax as per Income Tax Act1961.Incase, tax liability is to be borne by KLPL as per purchase/ work order terms & conditions, any additional tax liability due to delay in submission / non submission of information documents required as above shall be recovered from the supplier/contractor/consultant.

TAX INCIDENCE:

a) If bidder insists at the time of bidding that Tax Liability is to be borne by KLPL, then the bidder’s total quoted prices shall be suitably loaded by equivalent amount for evaluation purpose (depending upon the status of Foreign Vendor based on the documents submitted by them at the time of bidding) and WHT Certificate will be issued.

b) In case bidder agrees to bear the WHT as per the provision of Income Tax Act 1961, no loading on quoted prices towards WHT will be done. The WHT will be deducted from their payments due to them and WHT

certificate will be issued as per IT Act. If the bidder wants to avail the benefit of DTAA, then they have to submit the Tax Residency Certificate (TRC) issued by Government or Specified Authority of that country and Form 10F as per the proforma at Annexure-2.

c) Bidders should note that any delay in submission of TRC, Form 10F or

PE information within specified time OR any subsequent change in TRC, Form 10F or PE status after submission of bid, may lead to deduction of tax at higher rate than at which it would otherwise have been deducted. Such additional tax liability shall be recovered from the supplier/ contractor/ consultant.

52. PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT)(PP-LC)

Ministry of Petroleum & Natural Gas (MoPNG) vide O.M No: O-27011/44/2015-ONG-II/FP dated 25.04.2017 has forwarded policy to provide Purchase Preference (linked with Local Content) in all the Public Sector Undertakings under the Ministry of Petroleum and Natural Gas with objective to Support and boost the growth of Domestic Manufacturing sector so as to be able to support oil and natural gas business activities and contribute added value to economy, absorb manpower as well as have national, regional and international competitiveness; and boost the growth of innovation/technology of domestic manufacturing sector . A copy of the policy is available on website of Ministry of PNG (i.e. <http://petroleum.nic.in/).Provision regarding policy to provide purchase preference (linked with local content) (PP- LC) is attached as Annexure-II to ITB.

APPENDIX-I

PROVISION REGARDING POLICY TO PROVIDE PURCHASE PREFERENCE (LINKED WITH LOCAL CONTENT) (PP-LC) TO BE INCORPORATED IN ITB

1.0 Ministry of Petroleum & Natural Gas (MoPNG) vide O.M No: O-

27011/44/2015- ONG-II/FP dated 25.04.2017 has forwarded policy to provide Purchase Preference (linked with Local Content) in all the Public Sector Undertakings under the Ministry of Petroleum and Natural Gas with objective to Support and boost the growth of Domestic Manufacturing sector so as to be able to support oil and natural gas business activities and contribute added value to economy, absorb manpower as well as have national, regional and international competitiveness; and boost the growth of innovation/technology of domestic manufacturing sector . A copy of the policy is available on website of Ministry of PNG (i.e. http://petroleum.nic.in/).

2.0 Eligibility: Manufacturers/ service providers having the Capability of

meeting/ exceeding the local Content targets mentioned in the tender document.

In case a bidder is eligible to seek benefit under Purchase PP-LC policy as well as PPP for MSE 2012, then the bidder should categorically seek benefits against only one of the two policies i.e. either PP-LC and MSE policy in Form-I. The option once exercised cannot be modified subsequently.

Purchase preference benefits shall be extended to the bidder based on the declared option subject to the bidder meeting the requirements contained in that purchase preference policy.

In case a MSEs bidder opts for purchase preference based on PP-LC, he shall not be entitled to claim purchase preference benefit available to MSE Bidders under PPP-2012. However, the exemptions from furnishing Bidding Document fee and Bid security/EMD shall continue to be available to MSE Bidders

While for evaluating a particular bid that bidder’s option (to avail any one out of two applicable purchase preference policies, i.e., PP-LC-2017 or PPP-2012) will be considered, for price matching opportunities and distribution of quantities among bidders, the precedence shall be in the following order:-

(a) Public Procurement Policy for MSE2012 (b) Purchase Preference liked with Local Content

http://petroleum.nic.in/)

Examples of Purchase Preference:

Non divisible item

L1 bidder is non MSE, non PP-LC

bidder L2 bidder is PP-LC (within10%)

L3 bidder is MSE bidder (within 15%)

MSE bidder shall be given preference to match the L1 price. If bidder

matches the L1 price, order shall be placed on him, otherwise, option for

matching the L1 price shall be given to L2 bidder (PP-LC).

Divisible item: Case-1





matches the L1 price, order shall be placed on him for the quantity

specified in the bidding document (i.e. 20% of tendered quantity). For 50%

of tendered quantity option for matching the L1 price shall be given to L2

bidder (PP-LC). Balance quantity (i.e. 30% of tendered quantity) shall be

awarded to Original L-1 bidder.

Divisible item: Case-2






matches the L1 price, order shall be placed on him for the 10% of the

tendered quantity. In case L3 or L4 bidder refuses, the order shall be

placed on remaining bidder who matches the L1 prices for 20% of the

quantity. For 50% of tendered quantity option for matching the L1 price

shall be given to the L2 bidder (PP-LC). Balance quantity, i.e. 30% of the

tendered quantity) shall be awarded to the original L1 bidder.

In case L1 bidder is a MSE bidder, the entire work shall be awarded to

him without resorting to purchase preference to PP-LC bidder.

In case L1 bidder is a PP-LC bidder, purchase preference shall be resorted

to MSE bidder as per PPP 2012 only.

APPENDIX-I

3.0 Definition:

(i) Local Content hereinafter abbreviated to LC shall be the value of local

components in goods, service and EPC contracts, indicated in percentage.

(ii) Domestic Manufacturer shall be business entity or individual having

business activity established under Indian law and producing products

domestically.

(iii) Supplier of goods and/or provider of service shall be a business entity

having capability of providing goods and/or service in accordance with the

business line and qualification thereof.

(v) Verification shall be an activity to verify the accomplishment of LC by

domestic manufacturers and/or suppliers of goods and/or providers of

service with the data obtained or collected from respective business

activities.

(vi) Purchase preference Where the quoted price is within 10% of the lowest

price, other things being equal, purchase preference may be granted to the

bidder Concerned, at the lowest valid price bid.

(vii) Local Content (LC) in Goods shall be the use of raw materials, design and engineering towards manufacturing, fabrication and finishing of work carried out within the country.

(viii) Local Content (LC) in Services shall be the use of services up to the final

delivery by utilizing manpower (including specialist), working appliance (including software) and supporting facilities carried out within the country

(ix) Local Content (LC) in EPC contracts shall be the use of materials, design

and engineering comprising of manufacturing, fabrication, assembly and finishing as well as the use of services by utilizing manpower (including specialist), working appliance (including software) and supporting facility up to the final delivery, carried out within the country.

(x) Factory overhead cost shall be indirect costs of manpower,

machine/working appliance/facility and the whole other fabrication costs needed to produce a unit of product with the cost not chargeable directly to specified product.

(xi) Company overhead cost shall be costs related to the marketing,

administration and general affairs cost of the company.

(xii) Indian Company means a company formed and registered under the

Companies Act 1956 or the Companies Act2013.

(xiii) Foreign company means any company or body corporate incorporated outside India which—(a)has a place of business in India whether by itself or through an agent, physically or through electronic mode; and (b) conducts any business activity in India in any other manner.

(xiv) Target Purchase Preference is the LC in percentage as mentioned below:

22 % (Twenty Percent)

4.0 Wherever the goods/ services are procured under this policy, eligible

(techno- commercially qualified) LC manufacturers / LC service providers shall be granted a purchase preference of 10%, i.e. where the quoted price is within 10% of the lowest price, other things being equal, purchase preference shall be granted to the eligible (techno commercially qualified) LC manufacturers/ service providers concerned, at the lowest valid price bid asunder:-

a) Goods:

If the tenders can be split (as specified in BDS) then the order for 50% ** of the procured quantity would be awarded to the lowest techno- commercially qualified LC manufacturer/ supplier, subject to matching with L1, if such bidders are available. The remaining will be awarded to L1 (i. e. Non Local Content (NLC) manufacturer/ supplier not meeting the prescribed LC criteria).

However, if L1 bidder happens to be a LC manufacturer, the entire procurement value shall be awarded to such bidder.

If the tender cannot be split (as specified in BDS)then the order shall be awarded to the eligible LC manufacturer for the entire quantity.

b) Services/EPC Contracts(others):

If the tender cannot be split (as specified in BDS)the entire contract would be awarded to the lowest techno-commercially qualified LC service provider, subject to matching with L1, if such bidders are available and L1 bidder is not a LC service provider. In case tender for services/ EPC can be split (as specified in BDS), then splitting shall be allowed and specified in tender documents. Such services shall follow the procedure outlined for goods as described in goods above.

It may be noted that only those LC manufacturers/ service providers whose bids are within 10% of the L1 bid would be allowed an opportunity to match L1bid.

Note: (i) Refer BDS (Bidding Data Sheet) of ITB (Institutions to Bidders)

regarding splitability of the tender (ii) ** If the tendered quantity cannot be divided exactly 50:50, the LC

bidder will be eligible for quantity not less than 50% of tendered quantity.

(iii) Bidder can refer MoP&NG website where complete policy with illustrative examples are uploaded for better clarity to bidders

5) Determination of LC: The following process shall be adopted by the bidder to determine the content of LC.:-

5.1 LC of goods

a) LC of goods shall be computed on the basis of the cost of domestic components in goods, compared to the whole cost of product. The whole cost of product shall be constituted of the cost spent for the production of goods, covering; direct component (material) cost: direct manpower cost, factory overhead cost and shall exclude profit, company overhead cost and taxes for the delivery of goods.

b) The criteria for determination of the local Content cost in the goods

shall be as follows:

i) In the case of direct component(material), based on country of origin;

ii) In the case of manpower, based on INR component; and iii) In the case of working equipment/facility, based on the country of

origin

c) The calculation of LC of the combination of several kinds of goods shall be based on the ratio of the sum of the multiplication of LC of each of the goods with the acquisition price of each goods to the acquisition price of the combination of goods.

5.2 LC of Services

a) LC of Service shall be calculated on the basis of the ratio of service cost of domestic component in service to the total cost of service.

b) The total cost of service shall be constituted of the cost spent for rendering of service covering i) Cost of component (material) which issued,

ii) Manpower and consultant cost; cost of working equipment/facility; and

iii) General service cost, excluding profit, company overhead cost, taxes and duties

c) The criteria for determination of cost of local content in the service

shall be as follows:-

i) In the case of material being used to help the provision of

service, based on country of origin; ii) In the case of manpower and consultant based on INR

component of the services contract; iii) In the case of working equipment/facility, based on country of

origin, and iv) In the case of general service cost, based on the criteria as

mentioned in i), ii) and iii)above. v) Indian flag vessels in operation as on date.

5.3 Determination of Local Content: The determination of local content of the

working equipment/facility shall be based on the following provision: working equipment produced in the country is valued at 100% (one hundred percent) local content; working equipment produced abroad is valued as much as nil (0% percent) local content.

5.4 LC of EPC contracts(others):

a) LC of EPC contracts shall be the ratio of the whole cost of domestic components in the combination of goods and services to the whole combined cost of goods and services.

b) The whole combined cost of goods and services shall be the cost

spent to produce the combination of goods and services, which is incurred on work site. LC of the combination of goods and services shall be counted in every activity of the combination work of goods and services.

c) The spent cost above in para 5.4 (b) shall include production cost

in the calculation of LC of goods as mentioned above at 5.1 and service cost in the calculation of LC of services as mentioned above at 5.2.

d) LC shall be calculated on the basis of verifiable data. In case of data used in the calculation of LC being not verifiable, the value of LC of the said component should be treated as Nil.

5.5 Relevant formats for calculation of LC is enclosed with the tender

document. These enclosures are only for reference of bidders & calculation at their end. However, the bidder shall not be required to submit the calculations but only furnish the value & percentage of the local content. These details shall be required at aggregate level like supply value, transport value and other heads given in the price schedule and not on itemwise level.

As regards cases where currency quoted by the bidder is other than Indian Rupee, exchange rate prevailing on the date of notice inviting tender (NIT) shall be considered for the calculation of Local Content.

6) Certification and verification

In order to avail the benefits under the policy, bidders are required to submit the following documents at the various stages of bidding:-

6.1 At bidding stage:-

a) Price Break-up • The bidder shall provide only the value & percentage of the local

content in price bids. These details shall be required at aggregate level like supply value, transport value and other heads given in the price schedule and not itemwise level as mentioned as para 5 hereinabove.

• Bidder must have LC in excess of the requirement specified above at clause no. 3.0(xiv)

b) Undertaking by the bidder.

• The bidder shall submit an undertaking (as per Form-II) along with the bid stating that the bidder meets the mandatory minimum LC requirement, and such undertaking shall become a part of the contract.

• Bidder shall also submit the list of items / services to be procured from Indian manufacturers / service providers.

c) Statutory Auditor's Certificate: • The Undertaking submitted by the bidder shall be supported by a

certificate (as per Form-III) from Statutory Auditor engaged by the bidder certifying that the bidder meets the mandatory local content requirements of theproject.

6.2 After Contract Award:-

a) In the case of procurement of goods and/or services and/or EPC Contracts (others) with the order value less than Rs. 5 Crore (Rupees Five Crore), the LC content may be calculated (self-assessment) by the supplier of goods and/or the provider of

services and certified by the Director/Authorized representative of the company.

b) The verification of the procurement of goods, service or EPC

contracts with the value of Rupees Five Crore and above shall be carried out by the Statutory Auditor engaged by the bidder.

6.3 Each supplier shall provide the necessary local-content documentation to the statutory auditor, which shall review and determine that local content requirements have been met, and issue a local content certificate to that effect on behalf of KLPL, stating the percentage of local content in the good or service measured.The Auditor shall keep all necessary information obtained from suppliers for measurement of Local Content confidential.

6.4 The Local Content certificate shall be submitted along with each invoice

raised. However the % of local content may vary with each invoice while maintaining the overall % of local content for the total work/purchase of the pro-rata local content requirement. In case, it is not satisfied cumulatively in the invoices raised up to that stage, the supplier shall indicate how the local content requirement would be met in the subsequent stages.

6.5 As regards cases where currency quoted by the bidder is other than

Indian Rupee, exchange rate prevailing on the date of notice inviting tender (NIT) shall be considered for the calculation of Local Content.

6.6 KLPL shall also have the authority to audit as well as witness production

processes to certify the achievement of the requisite local content and/or to obtain complete back up calculation.

7) Sanctions

7.1 During execution, it shall be the responsibility of the supplier/contractor to ensure fulfilment of the minimum local content specified in the bidding document failing which KLPL shall impose sanction on manufacturers/ service providers. The sanctions shall be in the form of written warning, financial penalty and banning.

7.2 In the event that a manufacturer or supplier of goods and/or provider of

services does not fulfil his obligation after the expiration of the period specified in such warning, the KLPL shall initiate action for banning such manufacturer/supplier/service provider as per as per KLPL’s extant “Procedure for action in case Corrupt/Fraudulent/Collusive/Coercive Practices”

7.3 A manufacturer and/or supplier of goods and/or provider of services who

has been awarded the contract after availing Purchase Preference is

found to have violated the LC provisions, in the execution of the procurement contract of goods and/or services shall be subject to financial penalty an amount equal to 10% of the Contract Price. This financial penalty shall be over and above the CPBG value prescribed in the contract.

7.4 In case a manufacturer and/or supplier of goods and/or provider of

services desires to change the origin of sourcing of material/services, the same may be allowed with the understanding that in case this results in non compliance to minimum local content, the penal action as above shall be applicable.

APPENDIX-I

FORM-1 UNDERTAKING FOR APPLICABILITY OF POLICY

To,

M/s KONKAN LNG PVT.LTD.

SUB: TENDER NO:

Dear Sir

We, M/s _ (Name of Bidder) hereby confirm that following purchase preference to be considered:-

Description Preference

Purchase Preference (linked with local content) or

Purchase Preference under Public Procurement Policy for MSE

Note: (i) Please indicate your preference against only one policy. (ii) The above preference shall be extended only after submission of requisite

documents (as mentioned in the tender documents). (iii) In case a bidder is eligible to seek benefit under PP-LC policy as well as

PPP for MSE 2012, then the bidder should categorically seek benefits against only one of the two policies i.e. either PP-LC and MSE policy.

(iv) In case a MSEs bidder opts for purchase preference based on PP-LC, he shall not be entitled to claim purchase preference benefit available to MSE Bidders under PPP for MSE 2012. However, the exemptions from furnishing Bidding Document fee and Bid security/EMD shall continue to be available to MSE Bidders

(v) The option once exercised cannot be modified subsequently.

Place: [Signature of Authorized Signatory of Bidder] Date: Name:

Designation: Seal:

APPENDIX-I

FORM-2 UNDERTAKING BY BIDDER TOWARDS MANDATORY MINIMUM LC

(IN CASE SEEKING BENEFIT OF PP-LC)

To,


SUB: TENDER NO:

Dear Sir

We, M/s _ (Name of Bidder) have submitted bid no…………………. against aforesaid tender.

We hereby confirm that we are eligible for benefit under Purchase Preference (linked with local content) and undertake that we meet the mandatory minimum Local content requirement of ………………………% specified in tender document. The certificate from Statutory auditor in this regard has been submitted in un-priced bid and the value & percentage of the local content has been provided in priced-bid.

We further confirm that in case we fail to meet the minimum local content, KLPL will take action as per provision of tender document.


Designation: Seal:

APPENDIX-I

FORM-3 CERTIFICATE BY STATUTORY AUDITOR OF BIDDER

TOWARDSMANDATORY MINIMUM LC (IN CASE BIDDER SEEKING BENEFIT OF PP-LC)

To,


SUB: TENDER NO:

Dear Sir

We,………………………………………. (Name of the Statutory Auditor) have verified relevant records of M/s……………………………… (Name of the bidder) and certify that M/s …………………………..(Name of the bidder) meet the mandatory minimum Local content requirement of ……% specified in tender document no………………………………….

Name of Audit Firm: [Signature of Authorized Signatory]

Name: Date: Designation:

Seal: Membership no.

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Annexure-I

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

A Definitions:

A.1 “Corrupt Practice” means the offering, giving, receiving or soliciting, directly

or indirectly, anything of value to improperly influence the actions in selection process or in contract execution. “Corrupt Practice” also includes any omission for misrepresentation that may mislead or attempt to mislead so that financial or other benefit may be obtained or an obligation avoided.

A2 “Fraudulent Practice” means and include any act or omission committed by

a agency or with his connivance or by his agent by misrepresenting/ submitting false documents and/ or false information or concealment of facts or to deceive in order to influence a selection process or during execution of contract/ order.

A3 “Collusive Practice amongst bidders (prior to or after bid submission)”

means a scheme or arrangement designed to establish bid prices at artificial non-competitive levels and to deprive the Employer of the benefits of free and open competition.

A.4 “Coercive practice” means impairing or harming or threatening to impair or harm directly or indirectly, any agency or its property to influence the improperly actions of an agency, obstruction of any investigation or auditing of a procurement process.

A.5 “Vendor/Supplier/Contractor/Consultant/Bidder” is herein after referred as

“Agency” A.6 ”Appellate Authority” shall mean Committee of Directors consisting of

Director (Finance) and Director (BD) for works centers under Director (Projects). For all other cases committee of Directors shall consist of Director (Finance) & Director (Projects).

A.7 “Competent Authority” shall mean the authority, who is competent to take

final decision 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 the concerns within the sphere of effective

influence of banned/ suspended agencies. In determining this, the following factors may be taken into consideration:

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(a) Whether the management is common; (b) Majority interest in the management is held by the partners or

directors of banned/ suspended firm. (c ) substantial or majority shares are owned by banned/ suspended

agency and by virtue of this it has a controlling voice. A.9 “Investigating Agency” shall mean any department or unit of KLPL

investigating into the conduct of Agency/ party and shall include the Vigilance Department of the KLPL, Central Bureau of Investigation, State Police or any other agency set up by the Central or state government having power to investigate.

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

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

If it is observed during bidding process/ bids evaluation stage that a bidder has indulged in corrupt/fraudulent /collusive/coercive practice, the bid of such Bidder (s) shall be rejected and its Earnest Money Deposit (EMD) shall be forfeited.

Further, such agency shall be banned for future business with KLPL 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, during execution of contract, the agency shall be banned for future business with KLPL for a period specified in para B 2.2 below from the date of issue of banning order.

The concerned order (s)/ contract(s) where corrupt/fraudulent/collusive practices is observed, shall be suspended with immediate effect by Engineer-in-Charge (EIC)/ Employer whereby the supply/ work/ service and payment etc. will be suspended. The action shall be initiated for putting the agency on banning.

After conclusion of process, 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)/ Contract Performance Security (CPS) submitted by agency against such order (s)/ contract (s) shall also be forfeited. The amount that may have become due to the contractor on account of work already

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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.

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

If an agency is found to have indulged in corrupt/fraudulent/

collusive/coercive practices, after execution of contract and during DLP/ Warranty/Guarantee Period, the agency shall be banned for future business with KLPL 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 KLPL for a period specified in para B 2.2 below from the date of issue of banning order.

B.2.2 Period of Banning

Banning period shall be reckoned from the date of banning order and shall be 3 years. In exceptional cases where the act of vendor/ contractor is a threat to the National Security, the banning shall be for indefinite period.

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. If the agency is put on banning list for fraud/ mis-appropriation of facts committed in the same tender/other tender where errant agency emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.

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.

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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 KLPL.

The competent authority to approve the suspension will be same as that for according approval for banning.

D 3 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. If the agency is put on Suspension list for fraud/ mis-appropriation of facts conducted in the same tender/other tender where errant agency emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.

D.3.3 The existing contract (s)/ order (s) under execution shall continue. 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 KLPL 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.

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F.2 Appellate Authority would consider the appeal and pass appropriate order

which shall be communicated to the party as well as the Competent Authority.

F.3 Appeal process may be completed within 45 days of filing of appeal with the

Appellate Authority. G. Wherever there is contradiction with respect to terms of ‘Integrity pact’ ,

GCC and ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive practice’, the provisions of ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’ shall prevail.

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Annexure-II

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

1.0 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 KLPL in Projects and in O&M 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.

2.0 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. 7 Lakhs and above is recommended to be drawn up. 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.

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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 KLPL.

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.

3.0 PROCESS OF EVALUATION OF PERFORMANCE OF VENDORS/

SUPPLIERS/ CONTRACTORS/ CONSULTANTS 3.1 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 need to be

initiated by Engineer-in-charge/Project-in-charge:

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”:

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Recommend such defaulting Vendor/ Supplier/Contractor/ Consultant for putting on Holiday for a period from one to three years as given below: (i) Poor Performance due to reasons other than Quality :

One Year (ii) Poor Performance on account of Quality (if any mark

obtained against Quality parameter is less than 30): Two Years

(iii) Poor Performance leading to termination of contract or Offloading of contract due to poor performance solely attributable to Vendor/ Supplier/Contractor/ Consultant or Repeated Offence: Three Years

Non performance of a Vendor/Supplier/Contractor/Consultant

leading to termination of Contract/ Order, such Vendor/ Supplier/ Contractor/Consultant are also to be considered for Suspension.

In all such cases, concerned site will put up recommendation

for issuance of SCN and putting the party on suspension list as per process defined for suspension in “Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices”

(B) Where Performance rating is “FAIR”:

Recommend for issuance of warning to such defaulting Vendor/ Supplier/Contractor/ Consultant to improve their performance.

3.2 FOR CONSULTANCY JOBS Monitoring and Evaluation of consultancy jobs will be carried out in the same

way as described in para 3.1 for Projects. 3.3 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 need to be

initiated by Site C&P:

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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”

Recommend such defaulting Vendor/Supplier/Contractor/ Consultant for putting on Holiday for a period from one to three years as given below: (i) Poor Performance due to reasons other than Quality :

One Year (ii) Poor Performance on account of Quality (if any mark

obtained against Quality parameter is less than 30): Two Years

(iv) Poor Performance leading to termination of contract or Offloading of contract due to poor performance solely attributable to Vendor/Supplier/Contractor/Consultant or Repeated Offence: Three Years

Non-performance of a Vendor/Supplier/Contractor/ Consultant leading to termination of Contract/ Order such Vendor/ Supplier/ Contractor/Consultant are also to be considered for Suspension.

In all such cases, concerned site will put up recommendation

for issuance of SCN and putting the party on suspension list as per process defined for suspension in “Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices”

(B) Where Performance rating is “FAIR”

Recommend for issuance of warning to such defaulting

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Vendors/Contractors/Consultants to improve their performance. 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. 7 Lakhs. ii) One-time Vendor/ Supplier/Contractor/ Consultant.

iii) Orders for Misc./Administrative items/ Non-stock Non-valuated items. 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 REVIEW & RESTORATION OF PARITES PUT ON HOLIDAY 5.1 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.

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.

6.0 EFFECT OF HOLIDAY

6.1 If a Vendor/ Supplier/Contractor/ Consultant is put on Holiday, such Vendor/

Supplier/Contractor/ Consultant should not be considered in ongoing tenders/future tenders.

6.2 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 incidentals 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.

6.3. Effect on other ongoing tendering: 6.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid,

the bid submitted by the party shall be ignored. 6.3.2 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.

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6.3.3 after opening of price, BG/EMD made by the party shall be returned; the offer of the party shall be ignored & will not be further evaluated. If errant party emerges as the lowest (L1), then such tender shall also be cancelled and re-invited.

7.0 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.

8.0 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 KLPL 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.

9. 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).

10. 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, KLPL shall forfeit EMD paid by the bidder and such bidders shall be debarred from participation in re-tendering of the same job(s)/item(s).

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Further, such bidder will be put on holiday for a period of six months after following the due procedure.

11. In case CBEC (Central Board of Excise and Customs)/ any equivalent

Central Government agency/ State Government agency brings to the notice of KLPL that the Supplier of Goods / Services (Service Provider) has not remitted the amount towards GST (CGST & SGST/UTGST or IGST) collected from KLPL to the government exchequer, , then party will be put on holiday for a period of six months after following the due procedure.

Annexure-1

KLPL

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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 Parameter

Delivery/ Completion

Performance

Quality Performance

Reliability Performance#

Total

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. No.

Range (Marks) Rating 1 60 & below POOR

2 61-75 FAIR

3 76-90 GOOD

4 More than 90 VERY GOOD

Signature of Authorised Signatory: Name : Designation :

Instructions for allocation of marks

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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 pro-rata 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

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A. FOR WORKS/CONTRACTS

i) Submission of order acceptance, agreement, PBG, Drawings and other documents within time

4 marks

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 or Reliability of Estimates/Design/Drawing etc. in case of Consultancy jobs

4 marks

v) Timely submission of estimates and other documents for Extra, Substituted & AHR items

4 marks

B. FOR SUPPLIES

i) Submission of order acceptance, PBG, Drawings and other documents within time

5 marks

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

5 marks

iii) Response to various correspondence and conformance to standards like ISO

5 marks

iv) Submission of all required documents including Test Certificates at the time of supply

5 marks

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Annexure-2

KLPL PERFORMANCE RATING DATA SHEET (FOR O&M)

i) Location : ii) Order/ Contract No. & date :

iii) Brief description of Items : Works/Assignment

iv) Order/Contract value (Rs.) :

v) Name of Vendor/Supplier/ : Contractor/ Consultant

vi) Contracted delivery/ : Completion Schedule

vii) Actual delivery/ : Completion date

Performance Parameter

Delivery Performance

Quality Performance

Reliability Performance#

Total

Maximum Marks 40 40 20 100

Marks Allocated (*)

Remarks (if any) PERFORMANCE RATING (**) Note : (#) Vendor/Supplier/Contractor/Consultant who seek repeated financial

assistance or deviation beyond contract payment term or seeking direct payment to the sub-vendor/sub-contractor due to financial constraints, then ‘0’ marks should be allotted against Reliability Performance

(*) Allocation of marks should be as per enclosed instructions (**) Performance rating shall be classified as under :

Sl. No.

Range (Marks) Rating 1 60 & below POOR

2 61-75 FAIR

3 76-90 GOOD

4 More than 90 VERY GOOD

Signature of Authorised Signatory: Name : Designation :

- 86 -

Instructions for allocation of marks (For O&M) 1. Marks are to be allocated as under : 1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks Delivery Period/ Delay in Weeks Marks Completion Schedule a) Upto 3 months Before CDD 40 Delay upto 4 weeks 35 ” 8 weeks 30 ” 10 weeks 25 ” 12 weeks 20 ” 16 weeks 15 More than 16 weeks 0 b) Above 3 months Before CDD 40 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

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1.3 RELIABILITY PERFORMANCE 20 Marks

A. FOR WORKS/CONTRACTS

i) Submission of order acceptance, agreement, PBG, Drawings and other documents within time

4 marks

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 or Reliability of Estimates/Design/Drawing etc. in case of Consultancy jobs

4 marks

v) Timely submission of estimates and other documents for Extra, Substituted & AHR items

4 marks

B. FOR SUPPLIES

i) Submission of order acceptance, PBG, Drawings and other documents within time

5 marks

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

5 marks

iii) Response to various correspondence and conformance to standards like ISO

5 marks

iv) Submission of all required documents including Test Certificates at the time of supply

5 marks

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Annexure-III

ADDENDUM TO INSTRUCTIONS TO BIDDERS (INSTRUCTIONS FOR PARTICIPATION IN

E-TENDER) – DELETED

- 89 -

ANNEXURE-IV

BIDDING DATA SHEET (BDS)

ITB TO BE READ IN CONJUNCTION WITH THE FOLLOWING:

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ITB clause Description

A. GENERAL

1.1

The Purchaser is: KLPL

1.2

The Invitation for Bid/ Tender is for Hiring of BOG Compressor For a period of one (1) year for KLPL site, Dabhol

General

The Owner is: KLPL The consignee details and Delivery Location (For Indian Bidders) for the goods are as under :- Consignee:KLPL, LNG Block, P.O. Anjanwel, Tah. Guhagar, Dist-Ratnagiri, Maharashtra PIN- 415634 Delivery Location: Compressor Station, LNG Block, P.O-Anjanwel, Tah. Guhagar, Dist. Ratnagiri, Maharashtra-415634

3 Bid From a Consortium/ Joint Venture

APPLICABLE

NOT APPLICABLE

B. TENDER DOCUMENT

8.1 For clarification purposes only, the communication address is: Attention: Mr. Rajeev Mehrotra, DGM (C&P),/ Sh. M.K. Kataria, GM(LNG), KLPL, GAIL Jubilee Tower, 5th Floor, B-35-36, Sector-1, Noida, Uttar Pradesh-201301 Country: INDIA Fax: +91-0120-4148913 E-Mail: [email protected]/ [email protected]

C. PREPARATION OF BID

11.1.1 (x)

The Bidder shall submit with its Part-I (Techno-commercial/ Unpriced bid) the following additional documents as per clause no. 11 of ITB. (SCC Refers):

12 12.1.2

Additional Provision for Price Schedule/ Schedule of Rate/ Bid Price are as under: Whether Indian Bidder shall indicate breakup of the quantum of imports involved for import of necessary raw materials and components giving CIF value of Import and included in bid price

mailto:[email protected]


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YES

NO

12.2.2 The Third Party Inspection shall be applicable only if there is a specific mentioning of such Inspection provisions in SCC of Tender Document.

12.3 Transit/marine Insurance shall be arranged by :-

KLPL

SUPPLIER

12.5 Delivery basis shall be Indian Bidder:

FOT/FOR KLPL Site, Dabhol

EX-WORKS, ……(Bidder to indication location)

Foreign Bidder:

FOT/FOR KLPL Site, Dabhol

FOB, ……(Bidder to indicate Port/location)

13.1.7 Details of Buyer:

Consignee Sh. Navneet Dave, DGM (Mech) KLPL, LNG Block, P.O. Anjanwel, Tah. Guhagar, Dist. Ratnagiri, Mahrashtra-415634

GST No. 27AAGCK0390Q1Z0

PAN No. AAGCK0390Q

15 The bid validity period shall be four (4) months from final 'Bid Due Date'.

16.1 In case 'Earnest Money / Bid Security' is in the form of 'Demand Draft', the same should be favor of Konkan LNG Pvt. Ltd, payable at NCR/ Delhi. Details of KLPL’ Bank are : SBI, (20511)- –Scope Complex Lodhi Road, Ground Floor, Core 6,Scope Complex, Lodhi Road,

New Delhi 110003

A/C No. 62456758678

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IFSC Code : SBIN0020511 SWIFT Code: 1 MICR Code : 110002658

D. SUBMISSION AND OPENING OF BIDS

18 In addition to the original of the Bid, the number of copies required is one. Bids can either be deposited in the KLPL tender box kept in the reception of Jubilee Tower or in case of bulky documents , the same can be deposited with the dispatch section of KPL at 5th Floor, Jubilee Tower.

22 The E-Tender No. of this bidding process is: Not applicable

22.2 and 4.0 of IFB

For bid submission purposes only (Manual) or the submission of physical document as per clause no. 4.0 of IFB, the Purchaser’s address is : Attention: Mr. Rajeev Mehrotra, DGM (C & P)

Street Address: Konkan LNG Pvt. Ltd, GAIL Jubilee Tower, Floor/Room number: 5th Floor, Conference Hall, B-35-36, Sector-1, Noida ZIP Code: 201301 (U.P) Country: India

26 The bid opening shall take place at: Street Address: Konkan LNG Pvt. Ltd, GAIL Jubilee Tower, Floor/Room number:5th Floor,Conference Hall,B-35-36, Sector-1,

City : Noida Country: India Date : 12.06.2018 Time : 1500 Hrs

E. EVALUATION, AND COMPARISON OF BIDS

32 Evaluation Methodology is mentioned in Section-II.

F. AWARD OF CONTRACT

37 The following designated authority shall be contacted after receipt of Notification of Award for all contractual matters :- Sh. Navneet Dave, DGM (Mech) KLPL, Dabhol

38 Contract Performance Security (CPS)/ Security Deposit

If applicable, the value/ amount of Contract Performance Security/ Security Deposit @ 10% of Order/ Contract Value within 30 days of FOA/ notification of award

Order value as mentioned above will be exclusive of GST.

APPLICABLE

NOT APPLICABLE

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40 Whether tendered item is non-split able or not-divisible :

YES

NO ``

50 Quarterly Closure of Contract

APPLICABLE

NOT APPLICABLE

51 Applicability of provisions relating to Startups:

APPLICABLE

NOT APPLICABLE

6.1 of Annexure-V (B) to ITB

Port Consignee (in case of foreign bidder): Shri Jaspreet Singh Sethi Manager(C&P),KLPL, GAIL Bhawan, Plot No 73, Road No 3, Sector 15 CBD Belapur, District & Taluka: Thane Navi Mumbai, Pin Code 400614 E-mail:[email protected] Destination Consignee: Sh. Navneet Dave, DGM (Mech) KLPL, LNG Block, P.O. Anjanwel, Tah. Guhagar, Dist. Ratnagiri, Mahrashtra-415634

6.2 of Annexure-V (B) to ITB

KLPL Banker’s Details: SBI, (20511)- –Scope Complex Lodhi Road, Ground Floor, Core 6, Scope Complex, Lodhi Road,

New Delhi 110003

Account No. 62456758678

IFSC Code : SBIN0020511 SWIFT Code: 1 MICR Code : 110002658

- 94 -

Clause no.38 of GCC

Fall Clause

APPLICABLE

NOT APPLICABLE

Clause no.27 of GCC

Price Reduction Schedule for Delayed delivery

The following provision is added in the referred clause of GCC:

“As mentioned in GCC, in case delay in supply/ execution of contract, supplier/ contractor/ service provider will raise invoice for reduced value as per Price Reduction Clause. If supplier/ contractor/ service provider has raised the invoice for full value, then supplier/ contractor/ service provider will issue Credit Note towards the applicable PRS amount. In case supplier/ contractor/ 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 supplier/ contractor/ service provider after effecting the PRS clause. In the event of 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 supplier/ contractor/ service provider."

- 95 -

FORMS & FORMATS

- 96 -

LIST OF FORMS & FORMAT

Form No. Description

F-1 BIDDER’S GENERAL INFORMATION

F-2 BID FORM

F-3 LIST OF ENCLOSURES

F-4 PROFORMA OF "BANK GUARANTEE" FOR "EARNEST MONEY / BID SECURITY"

F-4A PROFORMA OF "LETTER OF CREDIT" FOR "EARNEST MONEY / BID SECURITY"

F-5 LETTER OF AUTHORITY

F-6 NO DEVIATION CONFIRMATION

F-7 DECLARATION REGARDING HOLIDAY/BANNING AND LIQUIDATION, COURT RECEIVERSHIP ETC.

F-8 CERTIFICATE FOR NON-INVOLVMENT OF GOVT.OF INDIA

F-9 PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT"

F-10 AGREED TERMS & CONDITIONS (INDIAN)

F-10A AGREED TERMS & CONDITIONS(FOREIGN)

F-11 ACKNOWLEDGEMENT CUM CONSENT LETTER

F-12 UNDERTAKING ON LETTERHEAD

F-13 BIDDER’S EXPERIENCE

F-14 CHECK LIST

F-15 FORMAT FOR CERTIFICATE FROM BANK

IF BIDDER’S WORKING CAPITAL IS INADEQUATE

F-16 FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE FOR FINANCIAL CAPABILITY OF THE BIDDER

F-17 DETAILS OF PROPOSED ORGANISATION

F-18 BIDDER'S QUERIES FOR PRE BID MEETING

F-19 E-BANKING FORMAT

F-20 INTEGRITY PACT

F-21 INDEMNITY BOND

F-22 FREQUENTLY ASKED QUESTIONS (FAQs)

F-23 FORMAT FOR CERTIFICATE BY CHARTERED ACCOUNTANT FOR OWNED EQUIPMENT

F-24 FORMAT FOR CERTIFICATE BY CHARTERED ENGINEER

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FOR OWNED EQUIPMENT:

F-25 ‘PROFORMA’ FOR CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 [MSMED ACT 2006)”

F-25A CONFIRMATION ON APPLICABILITY OF“MICRO,SMALL AND MEDIUM ENTERPRISES DEVELOPMENTACT, 2006 MSMEDACT 2006)

F-26 PROFORMA FOR DETAILS OF INDIAN AGENT

F-27 DECLARATION OF BIDDER’S INDIAN INCOME TAX LIABILITY (FOR FOREIGN BIDDER)

F-28 INFORMATION TO BE PROVIDED UNDER SUB-SECTION

(5) OF SECTION 90 OR SUB-SECTION (5) OF SECTION

90A OF THE INCOME-TAX ACT, 1961

F-29 FORMAT FOR CONSORTIUM/JV AGREEMENT

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F-1

BIDDER'S GENERAL INFORMATION To, M/s KONKAN LNG PRIVATE LIMITED ___________________ TENDER NO:

1 Bidder Name

2 Status of Firm Proprietorship Firm/Partnership firm/ Limited/Others If Others Specify:_________________ [Enclose certificate of Registration]

3 Name of Proprietor/Partners/Directors of the firm/company

4 Number of Years in

Operation

5 Address of Registered Office: *In case of Partnership firm, enclose letter mentioning current address of the firm and the full names and current addresses of all the partners of the firm.

City:

District:

State:

PIN/ZIP:

6

Operation Address

(if different from above)

City:

District:

State:

PIN/ZIP:

8 Telephone Number _____________________ (Country Code) (Area Code) (Telephone No.)

9 E-mail address

10 Website

11 Fax Number: ___________________________________ (Country Code) (Area Code) (Telephone No.)

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

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13 Bid Currency

14 Banker’s Name

15 Branch

17 Bank account number

18 PAN No. [Enclose copy of PAN Card]

19 GST No. [Enclose copy of GST Certificate]

20 EPF Registration No. [Enclose copy of EPF Registration Certificate]

21 ESI code No. [Enclose copy of relevant document]

22 We (Bidder) are cover under the definition of section 2 (n) of the MSMED Act

Yes / No (If the response to the above is ‘Yes”, Bidder to provide Purchaser a copy of the Entrepreneurs Memorandum (EM) filled with the authority specified by the respective State Government.)

23 Whether

Micro/Small/Medium

Enterprise

(Bidder to submit documents as specified it ITB)

24 Type of Entity Corporate/ Non-Corporate (As per CGST/SGST/UTGST Act). (In case of Non-Corporate Entity, bidder will submit documentary evidence for same).

Place: [Signature of Authorized Signatory of Bidder] Date: Name: Designation: Seal:

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F-2

BID FORM To, M/s KONKAN LNG PRIVATE LIMITED ___________________ SUB: TENDER NO: Dear Sir, After examining / reviewing the Bidding Documents for the tender of “_________________________________________________________________ including "Specifications & Scope of Work", "General Conditions of Contract [GCC]", "Special Conditions of Contract [SCC]" and "Schedule of Rates [SOR]", etc. the receipt of which is hereby duly acknowledged, we, the undersigned, are pleased to offer to execute the whole part of the job and in conformity with the said Bid Documents, including Addenda / Corrigenda Nos. ____________. We confirm that this Bid is valid for a period as specified in BDS from the date of opening of "Techno-Commercial / Un-priced Bid", and it shall remain binding upon us and may be accepted by any time before the expiry of that period. If our Bid is accepted, we will provide the "Contract Performance Security / Security Deposit" equal to "___________ of the Contract Price" or as mentioned in Tender Document for the due performance within "thirty [30] days" of such Award. Until a final Agreement/Letter of Award is prepared and executed, the tender document (including addenda/ corrigenda) together with the "Notification of Award" shall constitute a binding Agreement between us. We understand that Bidding Document is not exhaustive and any action and activity not mentioned in Bidding Documents but may be inferred to be included to meet the intend of the Bidding Documents shall be deemed to be mentioned in Bidding Documents unless otherwise specifically excluded and we confirm to perform for fulfillment of Agreement and completeness of the Work in all respects within the time frame and agreed price. We understand that you are not bound to accept the lowest priced or any Bid that you may receive.


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F-3

LIST OF ENCLOSURES

To, M/s KONKAN LNG PRIVATE LIMITED ___________________ SUB: TENDER NO: Dear Sir, We are enclosing the following documents as part of the bid: 1. Power of Attorney of the signatory to the Bidding Document. 2. Document showing annual turnover for the last three years such as annual

reports, profit and loss account, net worth etc. along with information as sought in enclosed format F-16

3. Document showing Financial Situation Information as sought in enclosed format F-16

4. Copy of Bidding Documents along with addendum/corrigendum duly signed and sealed on each page, in token of confirmation that Bid Documents are considered in full while preparing the bid and in case of award, work will be executed in accordance with the provisions detailed in Bid Documents.

5. Documentary Evidences showing the Bidder’s claim of meeting Technical Criteria as mentioned in Clause 4 of ITB.

6. Bid Security/EMD* 7. Tender Fee( not applicable)* 8. Integrity Pact* 9. Power of Attorney* 10. Duly certified document from chartered engineer and or chartered

accountant.

Note: * In case of e-bidding the bidder has the option to submit specified documents in physical form on/before the bid due date or within seven days from the bid opening date. However, scanned copy of these (same) documents must be submitted on-line as part of e-bid before the bid due date/time.


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FORMAT F-4

PROFORMA OF "BANK GUARANTEE" FOR "EARNEST MONEY / BID SECURITY"

(To be stamped in accordance with the Stamp Act) Ref............... Bank Guarantee No......... Date...................... To,

M/s KONKAN LNG PRIVATE LIMITED ___________________

SUB: TENDER 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 tenderfor_____________________________________________________________ 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 KLPL (India) Ltd., the amount ____________________ without any reservation, protest, demur and recourse. Any such demand made by KLPL, 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 ________ [date to be 2 months beyond bid validity].If any further extension of this guarantee is required, 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 ____________.

WITNESS:

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

(OFFICIAL ADDRESS) Attorney as per Power of Attorney No. ________

Date: ________________________

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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. In case of foreign Bank, the said Bank's Guarantee to be issued by its correspondent Bank in India on requisite non-judicial stamp paper

2. The expiry date should be arrived at in accordance with "ITB: Clause-15.1". 3. The Bank Guarantee by bidders will be given from Bank as specified in

"ITB". 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 / Fax / Phone from where the Earnest Money Bond has been issued.

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.

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F-4A PROFORMA OF "LETTER OF CREDIT"

FOR "EARNEST MONEY / BID SECURITY" To, M/s KONKAN LNG PRIVATE LIMITED ___________________

SUB: TENDER NO: Irrevocable and confirmed Letter of Credit No. …………………… Amount: Rs. _________________ Validity of this Irrevocable: ………………………………………… (in India) Letter of Credit (2 months beyond validity of Offer) Dear Sir, 1. You are here by authorized to draw on ………………….. (Name of

Applicant/Bidder with full address) for a sum not exceeding …………………… available by your demand letter (draft) on them at sight drawn for Rs. ………… accompanied by a certificate by Konkan LNG Private Limited , with the Tender No. duly incorporated therein, that one or more of the following conditions has/have occurred, specifying the occurred condition(s):

(i) The Bidder withdraws its Bid during the period of Bid validity or any

extension thereof duly agreed by the Bidder. (ii) The Bidder varies or modifies its Bid in a manner not acceptable to Konkan

LNG Private Limited during the period of bid validity or any extension thereof duly agreed by the Bidder.

(iii) The Bidder, having been notified of the acceptance of its Bids, (a) Fails or refuses to execute the Supply Order/Contract (b) Fails or refuses to furnish the Contract Performance Security within 30

days before expiry of Bid Security. (c) Fails to accept arithmetic corrections as per tender conditions.

(iv) The Bidder defaults w.r.t. any terms & conditions of Tender Document which call for forfeiture of Earnest Money Deposit (EMD).

2. This Irrevocable Letter of Credit has been established towards EMD/Bid

Security against Tender No ……………… for ……………….. (Name of Tender Document)

3. We hereby guarantee to protect the Drawers, Endorsers and bonafide holders from any consequences, which may arise in the event of the non-acceptance or non-payment of Demand Letter (draft) in accordance with the terms of this credit.

4. This Credit is issued subject to the Uniform Customs and Practices for

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Documentary Credits (1993 Revised) International Chamber of Commerce brochure No. 500.

5. Please obtain reimbursement as under: ………………………………………….

6. All foreign as well as Indian bank charges will be on the account of M/s. …………………………… (Applicant/Bidder)

FOR ………………………..

Authorized Signature (Original Bank)

Counter Signature

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F-5 LETTER OF AUTHORITY

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

Ref: Date: To, M/s KONKAN LNG PRIVATE LIMITED ___________________

SUB: TENDER NO: Dear Sir, I/We, _____________________________________ hereby authorize the following representative(s) for attending any 'Negotiations' / 'Meetings [Pre-Bid Meeting]', 'Un-priced Bid Opening', 'Price Bid Opening' and for any subsequent correspondence / communication against the above Bidding Documents: [1] Name & Designation ____________________ Signature

___________________ Phone/Cell:

Fax: E-mail: ………………………………….. @ ……………………………… [2] Name & Designation ____________________ Signature

___________________ Phone/Cell: Fax: E-mail: ……………………………………….. @ ……………………………… We confirm that we shall be bound by all commitments made by aforementioned authorised representative(s).


Note: This "Letter of Authority" should be on the "letterhead" of the Firm / Bidder

and should be signed by a person competent and having the 'Power of Attorney' to bind the Bidder. Not more than 'two [02] persons per Bidder' are permitted to attend "Techno-commercial / Un-priced" & "Price Bid" Openings. Bidders authorized representative is required to carry a copy of this authority letter while attending the un-priced and priced bid opening, the same shall be submitted to KLPL.

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F-6 "NO DEVIATION" CONFIRMATION

To, M/s KONKAN LNG PRIVATE LIMITED ___________________

SUB: TENDER NO: Dear Sir, We understand that any 'deviation / exception' in any form may result in

rejection of Bid. We, therefore, certify that we have not taken any 'exception /

deviation' anywhere in the Bid and we agree that if any 'deviation / exception'

is mentioned or noticed, our Bid may be rejected.


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F-7 DECLARATION REGARDING HOLIDAY/BANNING AND LIQUIDATION, COURT

RECEIVERSHIP


SUB: TENDER NO: Dear Sir, We hereby confirm that we are not on ‘Holiday’ by KLPL or Public Sector Project Management Consultant (like EIL, Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or banned by Government department/ Public Sector on due date of submission of bid. Further, we confirm that neither we nor our allied agency/(ies) (as defined in the Procedure for Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on banning list of KLPL or the Ministry of Petroleum and Natural Gas. We also confirm that we are not under any liquidation, court receivership or similar proceedings or 'bankruptcy'. In case it comes to the notice of KLPL 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, we also confirm that in case there is any change in status of the declaration prior to award of contract, the same will be promptly informed to KLPL by us.


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F-8 CERTIFICATE FOR NON-INVOLVMENT OF GOVT. OF INDIA


SUB: TENDER NO: Dear Sir, If we become a successful Bidder and pursuant to the provisions of the Bidding Documents, award is given to us for the tender for “ _____________________________________________________”, the following Certificate shall be automatically enforceable:

"We agree and acknowledge that the Employer is entering into the Agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood & agreed that the Government of India is not a party to the Agreement and has no liabilities, obligations or rights thereunder. It is expressly understood and agreed that the Employer is authorized to enter into Agreement, solely on its own behalf under the applicable laws of India. We expressly agree, acknowledge and understand that the Employer is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the Agreement. Accordingly, we hereby expressly waive, release and forego any and all actions or claims, including cross claims, VIP claims or counter claims against the Government of India arising out of the Agreement and covenants not to sue to Government of India as to any manner, claim, cause of action or things whatsoever arising of or under the Agreement."


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F-9

ROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT

(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

To, M/s KONKAN LNG PRIVATE LIMITED ___________________ Dear Sir(s), M/s. __________________________________________________________________ having registered office at _______________________ (herein after called the “contractor/supplier” which expression shall wherever the context so require include its successors and assignees) have been placed/ awarded the job/work of _______________________________________________ vide PO/LOA /FOA No. _______________________________dated______ for Konkan LNG Private Limited having registered office at 16, Bhikaiji Cama Place, R.K. Puram, New Delhi (herein after called the “KLPL” which expression shall wherever the context so require include its successors and assignees). The Contract conditions provide that the SUPPLIER/CONTRACTOR 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 KONKAN LNG PRIVATE 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 KONKAN LNG PRIVATE LIMITED we shall on first demand pay without demur, contest, protest and/ or without any recourse to the contractor to KLPL in such manner as KLPL may direct the said amount of Rupees _____________________________ only or such portion thereof not

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

4. The guarantee herein contained shall not be determined or affected by the

liquidation or winding up dissolution or changes of constitution or insolvency of the said supplier/contractor 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. This guarantee shall be irrevocable and shall remain valid upto

___________________ (this date should be 90 days after the expiry of defect liability period/ Guarantee period) _______________. 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 KLPL in writing. However, if for any reason, the supplier/contractor is unable to complete the supply/work within the period stipulated in the order/contract and in case of extension of the date of delivery/completion resulting extension of defect liability period/guarantee period of the supplier/contractor fails to perform the supply/work fully, the bank hereby agrees to further extend this guarantee at the instance of the supplier/contractor till such time as may be determined by KLPL. If any further extension of this guarantee is required, the same shall be extended to such required period on receiving instruction from M/s. ___________________________________________________ (contractor) on whose behalf this guarantee is issued.

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6. Bank also agrees that KLPL at its option shall be entitled to enforce this

Guarantee against the bank (as principal debtor) in the first instant, without proceeding against the supplier/contractor and notwithstanding any security or other guarantee that KLPL may have in relation to the suppplier’s/contractor’s liabilities.

7. The amount under the Bank Guarantee is payable forthwith without any

delay by Bank upon the written demand raised by KLPL. 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.

7. Therefore, we hereby affirm that we are guarantors and responsible to you

on behalf of the Supplier/Contractor up to a total amount of __________(amount of guarantees in words and figures) and we undertake to pay you, upon your first written demand declaring the Supplier/Contractor 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.

8. 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.

Yours faithfully, _______________ Bank by its Constituted Attorney

Signature of a person duly Authorized to sign on behalf of

the Bank

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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. 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. The Bank Guarantee by Bidders will be given from bank as specified in Tender.

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.

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F-10 AGREED TERMS AND CONDITIONS( Indian Bidder)

TO M/S KONKAN LNG PRIVATE 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 and address

2. Please confirm the currency of quoted prices is in Indian Rupees.

3. Confirm quoted prices will remain firm and fixed till complete execution of the order.

4 Rate of applicable GST (CGST & SGST/ UTGST or IGST )

CGST: …………… % Plus GST/UTGST……% Total: ………………..% Or IGST:…………. %

4.1 Whether in the instant tender services/works are covered in reverse charge rule of GST (CGST & SGST/UTGST or IGST)

Yes/ No In case of Yes, please specify GST (CGST & SGST/UTGST or IGST) payable by: KLPL:………….% Bidder:…………..%

4.2 Service Accounting Codes (SAC)/ Harmonized System of Nomenclature (HSN)

4.3 We hereby confirm that the quoted prices is in compliance with the Section 171 of CGST Act/ SGST Act as mentioned as clause no. 13.10 of ITB

5. i) Confirm acceptance of relevant Terms of Payment specified in the Bid Document.

ii) In case of delay, the bills shall be submitted after deducting the price reduction due to delay.

6. Confirm that Contract Performance Security will be furnished as per Bid Document.

7. Confirm that Contract Performance Security shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank. However, in case of bank guarantees from banks other than the Nationalised Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores and a declaration to this

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Sl. DESCRIPTION BIDDER'S CONFIRMATION

effect shall be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead.

8. Confirm compliance to Completion Schedule as specified in Bid document. Confirm contract period shall be reckoned from the date of Fax of Acceptance.

9. Confirm acceptance of Price Reduction Schedule for delay in completion schedule specified in Bid document.

10. a) Confirm acceptance of all terms and conditions of Bid Document (all sections).

b) Confirm that printed terms and conditions of bidder are not applicable.

11.

Confirm your offer is valid for period specified in BDS from Final/Extended due date of opening of Techno-commercial Bids.

12. Please furnish EMD/Bid Security details : a) EMD/ Bid Security No. & date b) Value c) Validity

13. Confirm acceptance to all provisions of ITB read in conjunction with Bid Data Sheet (BDS).

14. Confirm that Annual Reports for the last three financial years are furnished alongwith the Un-priced Bid.

15. Confirm that, in case of contradiction between the confirmations provided in this format and terms & conditions mentioned elsewhere in the offer, the confirmations given in this format shall prevail.

16. Confirm the none of Directors of bidder is a relative of any Director of Owner or the bidder is a firm in which any Director of Owner/ KLPL or his relative is a partner.

17. All correspondence must be in ENGLISH language only.

18. Owner reserves the right to make any change in the terms & conditions of the TENDER/BIDDING DOCUMENT and to reject any or all bids.

19. Confirm that all Bank charges associated with Bidder’s Bank shall be borne by Bidder.


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F-10A

AGREED TERMS AND CONDITIONS FOR FOREIGN BIDDER To, M/s GAIL (INDIA) LIMITED ___________________

SUB: TENDER NO: This Questionnaire duly filled in, signed & stamped must form part of Bidder’s Bid and must be submitted in Part –I (Un-priced Bid). Clauses confirmed hereunder need not be repeated in the Bid.

SN

DESCRIPTION BIDDER'S CONFIRMATION

1. 1 Bidder's name, Vendor Code of GAIL (if any) and address

(FOA/Order shall be released in this name)

Bidder's name : Vendor Code:

Address:

2. Please confirm the currency of quoted prices.

3. 3.

Confirm quoted prices will remain firm and fixed till complete execution of the order.

4. 4.

Indicate international Seaport of Exit.

5. 5.

Confirm you have quoted prices on FOB and CFR Port of Entry in India.

6. 6.

i) Confirm acceptance of relevant Terms of Payment specified in the Bid Document. ii) Letter of Credit shall be opened after receipt of unconditional order acknowledgement along with Contract Performance Security. iii) Letter of Credit shall be opened through a Govt. of India Nationalised/ Scheduled Bank and hence need not be confirmed. OR iv) However, if you still insist for confirmed L/C,confirmation charges shall be borne by you,confirm.

7. 6.

Confirm that Contract Performance Security/ Security Deposit (CPS) will be furnished as per Bid Document.

8. 7.

Confirm that CPS shall be from any Indian scheduled bank or a branch of an International bank situated in India and registered with Reserve bank of India as scheduled foreign bank. However, in case of bank guarantees from banks other than the Nationalised Indian banks, the bank must be a commercial bank having net worth in excess of Rs 100 crores/Equivalent USD and a

- 117 -

SN


declaration to this effect shall be made by such commercial bank either in the Bank Guarantee itself or separately on its letterhead.

9. 8.

Confirm compliance to Delivery/ Completion Period as specified in Bid Document. Confirm Delivery/ Completion Period shall be reckoned from the date of Fax of Acceptance (FOA).

10. 9.

a) Confirm acceptance of Price Reduction Schedule (PRS) as specified in Bid Document.

b) In case of delay, the bills shall be submitted after deducting the price reduction due to delay (refer PRS Clause).

11. 10.

a) Confirm acceptance of all terms and conditions of Bid Document (all sections & enclosures).

b) Confirm that printed terms and conditions of Bidder are not applicable.

12. Confirm your offer is valid for period specified in BDS from Final/Extended Due Date of opening of Techno-commercial Bids.

13. Please furnish EMD/Bid Security details : d) EMD/ Bid Security No. & date e) Value f) Validity

14. Confirm acceptance to all provisions of ITB read in conjunction with Bid Data Sheet (BDS).

15. Confirm that Annual Reports for the last three financial years are furnished alongwith the Un-priced Bid (wherever applicable).

16. Confirm that, in case of contradiction between the confirmations provided in this format and terms & conditions mentioned elsewhere in the offer, the confirmations given in this format shall prevail.

17. Confirm the none of Directors of bidder is a relative of any Director of purchaser or the bidder is a firm in which any Director of purchaser/ GAIL or his relative is a partner.

18. All correspondence must be in ENGLISH language only.

19. Purchaser reserves the right to make any change in the terms & conditions of the Tender Document and to reject any or all bids.

20. All Bank charges and stamp duties payable outside India in connection with payments to be made under this Purchase Order, if placed, shall be borne by bidder. All bank charges and stamp duties payable in India shall be borne by the Purchaser.

21. Export permit/License if required shall be bidder’s responsibility and any expenditure towards the same

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SN


shall be borne by the bidder.

22. Prices quoted must exclude marine insurance from FOB international port of exit. However, all transit insurance charges upto FOB International port of exit must be included by vendor in quoted prices.

23. Indicate Country of origin of offered goods.

24. Confirm quoted prices include all charges towards inspection & testing of offered Goods, In the event of inspection by GAIL or its authorized representative, confirm no extra charges shall be payable to vendor.

25. Part Order: (a) Confirm acceptance to Part Order. (b) Confirm any charges quoted extra as lumpsum shall

be applicable prorata on value basis in the event of part order.

26. Confirm Direct offer without intermediary of an Indian Agent is submitted.

27. a) In case vendor envisages that participation of Indian Agent is must, no correspondence with Indian Agent will be entertained. However, if Indian Agent are involved, the bidder shall provide reason/justification. The payments to overseas suppliers (i.e. the principals) shall be released through L/C after deducting the Indian agent’s commission, if any, from the quoted prices.

b) Indicate the name of the Indian Agent, with his full address and percentage of commission included in your offer.

c) Indian Agent Commission will be paid directly by Owner to Indian Agent in equivalent Indian Rupees (on conversion rate as applicable on the date of payment to Vendor) after satisfactory completion of the order. A valid registration certificate should also exist at the time of agency commission being paid directly by GAIL. Confirm acceptance.

28. Confirm to bear the Withholding Tax (WHT) as per the provision of Income Tax Act 1961 (please refer clause no.48 of ITB).

29. Rate of applicable GST (CGST & SGST/ UTGST or IGST) on services in case bidder is having the permanent establishment/ tax residency in India as per the provision of Income Tax Act 1961

CGST: …………… % Plus GST/UTGST…… % Total: ………………..% Or IGST:…………. %


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F-11 ACKNOWLEDGEMENT CUM CONSENT LETTER

(On receipt of tender document/information regarding the tender, Bidder shall acknowledge the receipt and confirm his intention to bid or reason for non-participation against the enquiry /tender through e-mail/fax to concerned executive in KLPL issued the tender, by filling up the Format) To, M/s KONKAN LNG PRIVATE LIMITED ___________________

SUB: TENDER NO: Dear Sir, We hereby acknowledge receipt of a complete set of bidding document along with enclosures for subject item/job and/or the information regarding the subject tender.

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

Postal Address with Pin Code : .................... Telephone Number : .................... Fax Number : .................... Contact Person : .................... E-mail Address : .................... Mobile No. : .................... Date : .................... Seal/Stamp : ....................

We are unable to bid for the reason given below:

Reasons for non-submission of bid: _________________________________________________________________ Agency’s Name : .................... Signature : .................... Name : .................... Designation : .................... Date : .................... Seal/Stamp : ....................

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F-12

UNDERTAKING ON LETTERHEAD

To, M/s KONKAN LNG PRIVATE LIMITED ___________________ SUB: TENDER NO:

Dear Sir

We hereby confirm that “The contents of this Tender Document No. _____________________ have not been modified or altered by M/s. …………….( Name of the bidder with complete address). In case, it is found that the tender document has been modified / altered by the bidder, the bid submitted by M/s……………(Name of the bidder) shall be liable for rejection”.


F-13

BIDDER’S EXPERIENCE


SUB: TENDER NO:

Sl. No

Description of the Services

LOA /WO No. and date

Full Postal Address & phone nos. of Client. Name, designation and address of Engineer/ Officer-in-Charge (for cases other than purchase)

Value of Contract/Order (Specify Currency Amount)

Date of Commencement of Services

Scheduled Completion Time (Months)

Date of Actual Completion

Reasons for delay in execution, if any

(1) (2) (3) (5) (6) (7) (8) (9) (10)


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F-14 CHECK LIST

Bidders are requested to duly fill in the checklist. This checklist gives only certain important items to facilitate the bidder to make sure that the necessary data/information as called for in the bid document has been submitted by them along with their offer. This, however, does not relieve the bidder of his responsibilities to make sure that his offer is otherwise complete in all respects. Please ensure compliance and tick (√) against following points:

S. No.

DESCRIPTION CHECK BOX

REFERENCE PAGE NO. OF THE BID

SUBMITTED

1.0 Digitally Signing (in case of e-bidding)/ Signing and Stamping (in case of manual bidding) on each sheet of offer, original bidding document including SCC, ITB, GCC ,SOR drawings, addendum (if any)

2.0 Confirm that the following details have been submitted in the Un-priced part of the bid

i Covering Letter, Letter of Submission

ii Bid Security

iii Signed and stamped original copy of bidding document along with drawings and addendum (if any)

iv Power of Attorney in the name of person signing the bid.

v Copies of documents defining constitution or legal status, place of registration and principal place of business of the company

vi Bidders declaration that regarding, Holiday/ Banning, liquidation court receivership or similar proceedings

vii Details and documentary proof required against qualification criteria along with complete documents establishing ownership of equipment as per SCC are

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enclosed

viii Confirm submission of document alongwith unpriced bid as per bid requirement.

3.0 Confirm that all forms duly filled in are enclosed with the bid duly signed by authorised person(s)

4.0 Confirm that the price part as per Price Schedule format submitted with Bidding Document/ uploaded in case of e-bid.

7.0 Confirm that annual reports for last three financial years & duly filled in Form 16 are enclosed in the offer for financial assessment (where financial criteria of BEC is applicable).


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(TO BE INCLUDED ONLY WHERE FINANICAL CRITERIA OF BEC IS APPLICABLE)

F-15

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

(To be provided on Bank’s letter head) Date: To, M/s. Konkan LNG Private Limited --------------------- -------------------- ------------------- Dear Sir, This is to certify that M/s ………………………………….. (name of the bidder with address) (hereinafter referred to as Customer) is an existing customer of our Bank. The Customer has informed that they wish to bid for KLPL’s RFQ/Tender no. .................................................. dated …………… for ……………………………………..(Name of the supply/work/services/consultancy) and as per the terms of the said RFQ/Tender they have to furnish a certificate from their Bank confirming the availability of line of credit. Accordingly M/s ………………………….. (name of the Bank with address) confirms availability of line of credit to M/s …………………….. (name of the bidder) for at least an amount of Rs. _________ It is also confirmed that the net worth of the Bank is more than Rs. 100 Crores (or Equivalent USD) and the undersigned is authorized to issue this certificate. Yours truly for …………………………… (Name & address of Bank) (Authorized signatory) Name of the signatory : Designation : Stamp :

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(TO BE INCLUDED ONLY WHERE FINANCIAL CRITERIA OF BEC IS APPLICABLE)

F-16 FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE/ CERTIFIED PUBLIC

ACCOUNTANT (CPA) FOR FINANCIAL CAPABILITY OF THE BIDDER We have verified the Audited Financial Statements and other relevant records of M/s……………………………… (Name of the bidder) and certify the following: A. AUDITED ANNUAL TURNOVER* OF LAST 3 YEARS:

Year Amount (Currency)

Year 1:

Year 2:

Year 3:

B. NETWORTH* AS PER LAST AUDITED FINANCIAL STATEMENT:

Description Year _____

Amount (Currency)

1. Net Worth

C. WORKING CAPITAL* AS PER LAST AUDITED FINANCIAL STATEMENT :

Description Year _____

Amount (Currency)

1. Current Assets

2. Current Liabilities

3. Working Capital (Current Assets-Current liabilities)

*Refer Instructions

Note: It is further certified that the above mentioned applicable figures are matching with the returns filed with Registrar of Companies (ROC) [Applicable only in case of Indian Companies] Name of Audit Firm: [Signature of Authorized Signatory] Chartered Accountant/CPA Name: Date: Designation:

Seal: Membership No.:

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Instructions: 1. The Separate Pro-forma shall be used for each member in case of JV/

Consortium.

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

3. The bidder shall provide the audited annual financial statements as

required for this Tender document. Failure to do so would result in the Proposal being considered as non- responsive.

4. For the purpose of this Tender document:

(i) Annual Turnover shall be “Sale Value/ Operating Income” (ii) Working Capital shall be “Current Assets less Current liabilities”

and (iii) Net Worth shall be Paid up share capital plus Free Reserves &

Surplus less accumulated losses, deferred expenditure and miscellaneous expenditure not written off, if any.

5. Above figures shall be calculated after considering the qualification,

if any, made by the statutory auditor on the audited financial statements of the bidder including quantified financial implication.

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

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F-17

DETAILS OF PROPOSED ORGANISATION

NAME OF WORK: .......................................................................................................

BID DOCUMENT NO: KLPL/HQ/C&P/Hiring of Compressor/2018/1

The Bidder shall submit herein details of Head Office and Project/Site Organisation proposed to be deployed for execution of the work. Bidder shall also furnish the bio-data of Site-in- Charge and key personnel to be deployed.

Bidder understand that the said proposal represents the minimum deployment and the Bidder acknowledges that the said deployment may have to be augmented with additional number and/or categories, if required if directed by Engineer-in-Charge in order to compete the work within the completion schedule and quoted lump sumprice.

SIGNATUREOFBIDDER :

NAMEOFBIDDER :

F-18 BIDDER'S QUERIES FOR PRE BID MEETING

To, M/s KONKAN LNG PRIVATE LIMITED Sub : Tender No : SL. NO.

REFERENCE OF BIDDING DOCUMENT

BIDDER'S QUERY

KLPL'S REPLY

SEC. NO.

Page No.

Clause

No.

Subject

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

SIGNATURE OF BIDDER: ___________________________ NAME OF BIDDER : ___________________________

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F-19 E-Banking 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) Name of Bank b) Name of branch c) Branch code: d) Address: e) Telephone number: f) Type of account (current/saving etc.) g) Account Number: h) RTGS IFSC code of the bank branch i) NEFT IFSC code of the bank branch j) 9 digit MICR code

I/We hereby authorize KLPL(India) Limited to release any amount due to me/us in the bank account as mentioned above. I/We hereby declare that the particulars given above are correct and complete. If the transaction is delayed or lost because of incomplete or incorrect information, we would not hold the Konkan LNG Private Limited responsible.

(Signature of vendor/customer)

BANK CERTIFICATE We certify that --------------------------- has an Account no. ---------------------------- with us and we confirm that the details given above are correct as per our records. Bank stamp Date (Signature of authorized officer of bank)

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INTEGRITY PACT

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F-20 INTEGRITY PACT

INTRODUCTION: KLPL as one of its endeavour to maintain and foster most ethical and corruption free business environment, have decided to adopt the Integrity Pact, a tool developed by the Transparency International, to ensure that all activities and transactions between the Company (KLPL) and its Counterparties (Bidders, Contractors, Vendors, Suppliers, Service Providers/Consultants etc.) are handled in a fair and transparent manner, completely free of corruption. Accordingly, an MOU on Integrity Pact has been signed on 23.07.2007 by GAIL with Transparency International India. Considering the above, the details mentioned at attached Annexure-1 are applicable as stated in Instruction to Bidders of Bid Document in addition to the existing stipulation regarding Corrupt and Fraudulent Practices. The attached copy of the Integrity Pact at Annexure- 2 shall be included in the Bid submitted by the bidder (to be executed by the bidder). In case a bidder does not sign the Integrity Pact, his bid shall be liable for rejection.

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ANNEXURE-1 Bidder is required to sign the Integrity Pact with KLPL as per format & terms and conditions enclosed with tender. In case a bidder does not sign the Integrity Pact, his bid shall be liable for rejection. I COMMITMENTS AND OBLIGATIONS OF THE “COUNTERPARTY”

a) The Counterparty, directly or indirectly (through agent, consultant, advisor, etc.), shall not pay any bribe/ influence or give undue/ unlawful benefit to anyone to gain undue advantage in dealing with KLPL.

b) The Counterparty will not engage in collusion of any kind including price fixation etc. with other Counterparts.

c) The counterparty will not pass KLPL’s confidential information to any third party unless specifically authorized by KLPL in writing.

d) The Counterparties shall promote and observe best ethical practices within their respective organizations.

e) The Counterparty shall inform the Independent External Monitor. i) If it received any demand, directly or indirectly, for a bribe/ favour or any illegal

gratification/ payment / benefit; ii) If it comes to know of any unethical or illegal payment / benefit; iii) If it makes any payment to any KLPL associate.

f) The Counterparty shall not make any false or misleading allegations against KLPL or its associates.

II VIOLATIONS & CONSEQUENCES:

a) If a Counterparty commits a violation of its Commitments and Obligations under the Integrity Pact Programme during bidding process, their entire Earnest Money Deposit/ Bid Security, would be forfeited and in addition, they may be blacklisted from the KLPL business in future.

b) In case of violation of the Integrity pact by Counterparty after award of the Contract, KLPL shall be entitled to terminate the Contract. KLPL would forfeit the security deposits, encash the bank guarantee (s) and other payments payable to Counterparty in such cases,

c) Subject to satisfaction of the Independent External Monitor, KLPL may ban/ blacklist/ put on holiday and exclude the Counterparty from future dealings until KLPL is satisfied that the Counterparty shall not commit any such violation in future.

d) In addition to above, KLPL reserves its right to initiate criminal proceedings against the violating Counterparty, if the allegations by Counterparty are found frivolous, untrue and misleading and may also impose exemplary cost for the same.

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e) The Counterparty will be entitled to claim as determined by the Independent External Monitor, if the above (d) is found incorrect.

INDEPENDENT EXTRNAL MONITORS (IEMS) The following Independent External Monitors (IEMs) have been appointed by KLPL, in terms of Integrity Pact(IP) which forms part of KLPL Tenders / Contracts.

i) Shri Anil Kumar (email id: [email protected] ) ii) Shri K.S. Ramasubban (email id: [email protected]) iii) Shri Sunil Krishna (email id: [email protected])

This panel is authorised to examine / consider all references made to it under this tender. The bidder(s) , in case of any dispute(s) / complaint(s) pertaining to this tender may raise the issue either with the designated tender issuing officer or Nodal Officer (presently K R M Rao, CGM (C&P)- email: [email protected]) in GAIL or directly with the IEMs on the panel or IEM c/o Chief Vigilance Officer, GAIL ( India) Limited, GAIL Bhawan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi – 110066.





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ANNEXURE-2 INTEGRITY PACT

(To be executed on plain paper)

Between Konkan LNG Private Limited, a Government of India Public Sector, (here-in-after referred to as “Principal ”).

AND _________________________ (here-in-after referred to as “The Bidder/ Contractor”). (Principal and the Bidder / Contractor are here-in-after are referred to individually as “Party” or collectively as “Parties”).

PREAMBLE

The Principal intends to award under laid down organizational procedures, contract/s for______________________________________________________________________ The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s and Contractor/s. In order to achieve these goals, the Principal co-operates with the renowned International Non-Governmental Organisation ‘Transparency International’ (TI). Following TI’s national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process, the execution of the contract etc. for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal 1. The Principal commits itself to take all measures necessary to prevent corruption and

to observe the following Principles in this regard:-

i) No employee of the Principal, either in person or through family members, including relatives, will in connection with the tender for or the execution of a contract, demand or accept a promise for or accept for him/herself or for a third person, any material or immaterial benefit to which he/she is not legally entitled.

ii) The Principal shall, during the tender process treat all Bidders with equity. The Principal undertakes and ensures that before and during the tender process shall provide and share the same information to all Bidders and will not provide to any Bidder confidential / additional information through which one particular

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Bidder could take an advantage in relation to the tender process or the contract execution.

iii) The Principal will exclude from the process all known prejudiced persons.

2. If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 – Commitments and Undertakings by the Bidder/Contractor

1. The Bidder / Contractor commits and undertakes to take all measures necessary to prevent malpractices & corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution:

i) The Bidder / Contractor undertakes not to, directly or through any other person

or firm offer, promise or give or influence to any employee of the Principal associated with the tender process or the execution of the contract or to any other person on their behalf any material or immaterial benefit to which he / she is not legally entitled in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

ii) The Bidder / Contractor undertakes not to enter into any undisclosed agreement

or understanding, whether formal or informal with other Bidders. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other action to restrict competitiveness or to introduce cartelization in the bidding process.

iii) The Bidder / Contractor undertakes not to commit any offence under the

relevant Anti-corruption Laws of India. Further, the Bidder / Contractor will not use improperly any information or document provided by the Principal as part of the business relationship regarding plans, technical proposals and business details, including information contained or transmitted electronically for the purposes of competition or personal gain and will not pass the information so acquired on to others.

iv) The Bidder / Contractor will, when presenting his bid undertakes to disclose any

and all payments made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

2. The Bidder / Contractor will not instigate and allure third persons / parties to commit

offences outlined above or be an accessory to such offences.

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Section 3 – Disqualification from tender process and exclusion

from future contracts

If the Bidder, before the award of contract, has committed a transgression through a violation of any provisions of Section 2 or in any other form so as to put his reliability or credibility as Bidder into question, the Principal shall be entitled to disqualify, put on holiday or blacklist the Bidder including from the future tender process or to terminate the contract, if already signed, on that ground.

1. If the Bidder / Contractor has committed a transgression through a violation of any

provisions of Section 2 so as to put his reliability or credibility into question, the Principal shall be entitled to exclude including blacklist and put on holiday the Bidder / Contractor from entering into any KLPL future contract tender processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the Principal taking into consideration the full facts and circumstances of each case particularly taking into account the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion may be imposed for a minimum period of 6 months and maximum of three years.

2. A transgression is considered to have occurred if the Principal after due consideration

of the available evidence, concludes that no reasonable doubt is possible. 3. The Bidder with its free consent and without any influence agrees and undertakes to

respect and uphold the Principal’s absolute rights to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

4. Subject to the full satisfaction of the Principal, the exclusion of the Bidder / Contractor could be revoked by Principal prematurely if the bidder / contractor can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system in his organization.

Section 4 – Forfeiture of EMD / Security Deposits

1. If the Principal has disqualified the Bidder from the tender process prior to the award

in terms of Section 3, and during the execution of the contract, the Principal shall forfeit earnest money deposit / bid security money, encash the bank guarantee including due payments in addition to blacklisting or putting on holiday the bidder and terminating the contract.

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2. If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages equivalent to Earnest Money Deposit / Security Deposit / Performance Bank Guarantee.

3. The bidder agrees and undertakes to pay the said amounts without protest or demur

subject only to condition that if the Bidder / Contractor can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor shall compensate the Principal only to the extent of the damage in the amount proved.

Section 5 – Previous transgression

1. The Bidder swears on oath that no previous transgression has occurred during the

last three years with any other Company in any country conforming to the TI approach or including with any other Public Sector Enterprise / Undertaking in India that could justify his exclusion from the tender process.

2. If the Bidder makes incorrect statement on this subject, he shall be disqualified from

the tender process or the contract, if already awarded, could be liable to be terminated on this ground.

Section 6 – Equal treatment to all Bidders / Contractors / Subcontractors 1. The Bidder / Contractor undertakes to demand from all its sub-contractors, if any, an

undertaking and commitment in conformity with this Integrity Pact, and to submit it to the Principal before signing of the contract.

2. The Principal will enter into agreements with similar conditions, as stipulated herein,

with all Bidders, Contractors and Subcontractors. 3. The Principal shall disqualify from the tender process all Bidders who do not sign this

Pact or violate any of its provisions.

Section 7 – Criminal charges against violating Bidders / Contractors / Sub-contractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the

138

Principal will inform the Vigilance Office / Department for initiating appropriate action for above.

Section 8 –Independent External Monitor / Monitors

1. The Principal appoints competent and credible external independent Monitor for this

Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

2. The Monitor is not subject to any instructions by the representatives of the parties and

performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

3. The Contractor accepts that the Monitor has the right to access without restriction to

all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Sub-contractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder / Contractor / Sub-contractor with confidentiality.

4. The Principal will provide to the Monitor sufficient information about all meetings

among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of this agreement he

will so inform the Management of the Principal and request the Management to discontinue or heal the violation or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However, the Independent External Monitor shall give an opportunity to the bidder / contractor to present its case before making its recommendations to the Principal.

6. The Monitor will submit a written report to the Chairperson of the Board of the

Principal within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and should the occasion arise, submit proposals for taking corrective measures.

7. Monitor shall be entitled to compensation by the Principal. 8. If the Monitor has reported to the Chairperson of the Board a substantiated suspicion

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of an offence under relevant Anti-Corruption laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

9. The word ‘Monitor’ would include both singular and plural. 10. Independent External Monitor shall be required to maintain confidentiality of the

information acquired and gathered during their tenure / role as Independent Monitor. Any breach in this regard would be subject to the legal judicial system of India.

11. The Independent External Monitors shall be responsible to oversee the

implementation of Integrity Pact Program to prevent corruption, bribes or any other unethical practices in the KLPL. However, Monitor(s) shall be personally and severally be liable for any action or suit brought by Bidder / Contractor / against the Monitor, in case the findings of Independent Monitor is / are found incorrect or biased or prejudiced.

12. Independent External Monitor(s) shall be required to furnish an Undertaking and shall disclose before taking any assignment that he / she has no interest in the matter or connected with the party (bidder / contractor) in any manner.

Section 9 – Pact Duration

The provisions of this Pact shall come into effect from the date of signing of this Pact by the both parties. It expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged by either party during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/determined by the Chairperson of the Principal.

Section 10 – Miscellaneous provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal, i.e. New Delhi. The Arbitration clause provided in main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.

2. Changes and supplements as well as termination notices, if any, need to be made in

writing. Side agreements have not been made. 3. If the Contractor / Bidder is a partnership concern or a consortium, this agreement

must be signed by all partners or consortium members.

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4. In case any or several of the provisions of this agreement turn out to be void, the remainder of this pact shall remain valid. The parties to this pact however, shall strive to come to an agreement to their original intentions in such a case.

------------------------------------------- ---------------------------------------- (Name & Designation) (Name & Designation)

For the Principal For the Bidder/Contractor Place ------------------------------------ Witness 1: ------------------------ Date ----------------------------------- Witness 2: ------------------------

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F-21

INDEMNITY BOND

WHEREAS KONKAN LNG Pvt Ltd. (hereinafter referred to as “KLPL”) which expression shall, unless repugnant to the context include its successors and assigns, having its registered office at 16, Bhikaiji, Cama Place, R.K. Puram, New Delhi 110066 has entered into a contract with M/s*…………………………. (hereinafter referred to as the “Contractor”) which expression shall unless repugnant to the context include its representatives, successors and assigns, having its registered office at *………………….. and on the terms and conditions as set out, inter-alia in the [ mention the work order/LOA/Tender No.]and various documents forming part thereof, hereinafter collectively referred to as the ‘CONTRACT’ which expression shall include all amendments, modifications and / or variations thereto. KLPL has also advised the Contractor to execute an Indemnity Bond in general in favour of KLPL indemnifying KLPL and its employees and Directors including Independent Directors from all consequences which may arise out of any prospective litigation or proceedings filed or may be initiated by any third party, including any Banker / financial institution / worker(s) /vendor(s)/ subcontractor(s) etc. who may have been associated or engaged by the Contractor directly or indirectly with or without consent of KLPL for above works. NOW, THEREFORE, in consideration of the promises aforesaid, the Contractor hereby irrevocably and unconditionally undertakes to indemnify and keep indemnified KLPL and all its employees, Directors, including Independent Directors, from and against all/any claim(s), damages, loss, which may arise out of any litigations/ liabilities that may be raised by the Contractor or any third party against KLPL under or in relation to this contract. The Contractor undertakes to compensate and pay to KLPL and/or any of its employees, Directors including Independent Directors, forth with on demand without any protest the amount claimed by KLPL for itself and for and on behalf of its employees, Directors including Independent Directors together with direct/indirect expenses including all legal expenses incurred by them or any of them on account of such litigation or proceedings. AND THE CONTRACTOR hereby further agrees with KLPL that: (i) This Indemnity shall remain valid and irrevocable for all claims of KLPL and/or any of

its employees and Directors including Independent Directors arising out of said contract with respect to any such litigation / court case for which KLPL and/or its employees and Directors including Independent Directors has been made party until now or here-in-after.

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

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

The undersigned has full power to execute this Indemnity Bond for and on behalf of the Contractor and the same stands valid. SIGNED BY : For [ Contractor] Authorised Representative Place: Dated: Witnesses: 1. 2

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F-22

FREQUENTLY ASKED QUESTIONS (FAQs)

SL.NO. QUESTION ANSWER

1.0 Can any vendor quote for subject Tender?

Yes. A Vendor has to meet Bid Evaluation Criteria given under Section II of Tender document in addition to other requirements.

2.0 Should the Bid Evaluation Criteria documents be attested?

Yes. Please refer Section II of Tender document

3.0 Is attending Pre Bid Meeting mandatory.

No. Refer Clause No. 17 of Instruction to Bidders of Tender Document. However attending Pre Bid Meeting is recommended to sort out any issue before submission of bid by a Bidder.

4.0 Can a vendor submit more than 1 offer?

No. Please refer Clause No. 4 of Instruction to Bidders of Tender Document.

5.0 Is there any Help document available for e-Tender. ( Not applicable)

Yes. Refer Annexure III to Instructions to Bidders of Tender Document and FAQs as available on GAIL E-Tender portal.

6.0 Are there are any MSE (Micro & Small Enterprises) benefits available?

Yes. Refer Clause No. 40 of Instructions to Bidders of Tender Document.

All the terms and conditions of Tender remain unaltered.

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F-23

FORMAT FOR CERTIFICATE BY CHARTERED ACCOUNTANT FOR OWNED EQUIPMENT

Project Name:------------- Pipeline Project Date: DD.MM.YYYY

To whom-so-ever it may concern

This is to certify that M/s. (Bidder’s Name), having their registered office at (Bidder’s Address), is the owner of the equipment mentioned below (or in the attachment) as per our inspection of records / books of accounts/documents of M/s.(Bidder’s Name)on(Date).

S. No. Equipment Make /

Model Capacity Qty. Year of

Manufacture

Present Location of Equipment

Further, these equipment will be deployed for(Project Name)in case M/s. (Bidder’s Name) is awarded with the job.

(Signature of Chartered Accountant /Statutory Auditor) Place:--------- Membership No. of CE:------- Date: DD.MM.YYYY Firm Registration No.:-------

Note: The above certificate shall be issued in the letter head of Chartered Accountant / Statutory Auditor.

145

F-24

FORMAT FOR CERTIFICATE BY CHARTERED ENGINEER FOR OWNED EQUIPMENT:

Project Name:------------- Project Date:DD.MM.YYYY

To whom-so-ever it may concern

During our visit to various storage yards and project sites of M/s. (Bidder’s Name), from (Date) to (Date), we have inspected the condition of equipment mentioned below (or in attachment). We certify that the below mentioned equipment are in good health and working condition presently. Further, these equipment are fit be deployed in Project Name.

S. No. Equipment Make / Model Capacity Qty. Year of

Manufacture

Present Location of Equipment

(Signature of Chartered Engineer) Place:--------- Membership No. of CE:------- Date:DD.MM.YYYY Firm Registration No.:-------

Note: The above certificate shall be issued in the letter head of Chartered Engineer.

146

Format F-25

‘PROFORMA’ FOR CONFIRMATION ON APPLICABILITY OF “MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 [MSMED ACT 2006)”

[E-BID INVITATION NO .............. ]

You may aware that “Micro, Small and Medium Enterprises Development Act 2006” (‘MSMED’) has been come into force w.e.f. 2nd October 2006, which has repealed the provisions of the old Act regarding Small Scale Industrial undertakings.

2. As per the MSMED Act, Enterprises engaged in the manufacture / production of

goods or rendering / providing of services are to be classified into Micro, Small and Medium enterprises based on the investment in plant and machinery/equipment.

3. Such Enterprises are required to file a memorandum in the prescribed form to the

appropriate authority as mentioned in the MSMED Act. 4. The term Enterprises stated in the above paragraph includes Proprietorship, Hindu

undivided family, Association of persons, Cooperative Society, Partnership firms, undertaking or any other legal entity.

5. For your ready reference, the definitions of Micro, Small and Medium enterprises are

given below:

Classification of enterprises engaged in:

(a) Manufacture or production of goods pertaining to any industry specified in the First Schedule to the Industries(Development and Regulation) Act1951as:

(b) Nature of Enterprise Investment in Plant & Machinery (#)

Micro Does not exceed Rs. 25 Lacs

Small More than Rs. 25 Lacs but does not exceed Rs. 5 Crores

Medium More than Rs. 5 Crores but does not exceed Rs. 10 Crores

147

(c) Providing or rendering services: Nature of Enterprise Investment in Equipment

Micro Does not exceed Rs. 10 Lacs

Small More than Rs. 10 Lacs but does not exceed Rs. 2 Crores

Medium More than Rs. 2 Crores but does not exceed Rs. 5 Crores

(#) In calculating the investment in plant & machinery, the cost of pollution control, research and development, industrial safety devices and such other items as may be specified will be excluded

6. You are therefore requested to fill the “Format” [proforma attached] and submit

the same along with proof of valid document/ certificate [indicating registration no.] in your offer. In case same is not submitted along with your offer, it will be presumed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act 2006.

148

Format - 25 (A)

CONFIRMATIONON APPLICABILITY OF “MICRO, SMALL AND MEDIUM

ENTERPRISES DEVELOPMENT ACT, 2006 (MSMED ACT 2006)

[E-BID INVITATION NO ........ ]

1. We confirm that provisions of “Micro, Small and Medium Enterprises Development Act 2006” (‘MSMED’)are applicable to us and our organization falls under the definition of:

a. Micro Enterprise - [ ] b. Small Enterprise - [ ] c. Medium Enterprise - [ ]

(Please put a tick in the appropriate box)

2. Copy of proof of valid document/ certificate [indicating registration no.] of being a

Micro/ Small/ Medium Enterprises is enclosed. Place: Signature of Authorized Signatory Date: Name:

Designation: Seal:

Note: In case above Format along with proof of valid document/ certificate [indicating registration no.] is not submitted in offer, it will be presumed that your organization is not a micro, small or medium enterprises as per the provisions of MSMED Act 2006 and consequently you will not be eligible to the benefits admissible under the MSMED Act2006.

149

F-26

PROFORMA FOR DETAILS OF INDIAN AGENT KONKAN LNG PVT.LTD.

5thFloor, Jubilee Tower,

B-35/36, Sector-1, Noida, India

Dear Sir,

Following are the details of Indian agent/ consultant/representative

S. No. Description Bidder’s response

1. Name & address of agent / consultant / representative in India.

2. The precise relationship between the bidder and their agent/consultant/representative in India.

3. The mutual interest which the bidder and Agent / Consultant / Representative in India have in the Business of each other.

4. Any payment which the Agent / Consultant / Representative in India or abroad receives from the bidder whether as a commission for the contract or as a general retainer fee.

5. Permanent Income Tax Account number of Agent / Consultant / Representative in India

6. Permanent Income Tax account of bidder in his country and also in India, if applicable

7. All services to be rendered by the Agent / Consultant / Representative

SEAL AND SIGNATURE OF BIDDER

Note: Aforementioned information’s need to be supported with necessary documents.

150

FORM F-27

Declaration of Bidder’s Indian Income Tax Liability

(FOR FOREIGN BIDDER)

(TO BE GIVEN ON BIDDER’S LETTERHEAD)

KONKAN LNG PVT.LTD.

5th Floor, Jubilee Tower,

B-35/36, Sector-1, Noida, India

Dear Sir(s),

We,……………………………………..,hereby declare that we have not outstanding Indian Income tax Liability

OR

We,……………………………………….,hereby declare that we have an outstanding Indian Income tax liabilityofRs.…………………/-(Rupees……………………………..only)madeupasfollows:-

Assessment Year Amount Total

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

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

The said amount(s) is / are outstanding for the following reasons: (state reasons).

We have furnished the following securities to secure payment(s)of the said out-standing: {State securities (if any) and amounts secured}

D SIGNATURE OF B

151

FORM NO. 28

[See sub-rule (1) of rule 21AB]

Information to be provided under sub-section (5) of

section 90 or sub-section (5) of section 90A of the Income-tax Act, 1961

I.................................. *son/daughter of Shri................................... in the capacity of

................................................................. (designation) do provide the following information, relevant to the previous year………………………………. *in my

case/in the case of...................................for the purposes of sub-section (5) of *section 90/section 90A:—

Sl.No.

Nature of information Details#

(i) Status (individual, company, firm etc.) of the assessee

(ii) Permanent Account Number (PAN) of the assessee if allotted

(iii) Nationality (in the case of an individual) or Country or specified territory of incorporation or registration (in the case of others)

(iv) Assessee's tax identification number in the country or specified territory of residence and if there is no such number, then, a unique number on the basis of which the person is identified by the Government of the country or the specified territory of which the assessee claims to be a resident

(v) Period for which the residential status as mentioned in the certificate referred to in sub-section (4) of section 90 or sub-section (4) of section 90A is applicable

(vi) Address of the assessee in the country or territory outside India during the period for which the certificate, mentioned in (v) above, is applicable

1. I have obtained a certificate referred to in sub-section (4) of section 90 or sub-

section (4) of section 90A from the Government of ………………………………. (name of country or specified territory outside India)

Signature:……………………..

Name:……………………….

Address:………………………

Permanent Account Number:…………

152

Verification

I ……………………………..do hereby declare that to the best of my knowledge and belief what is stated above is correct, complete and is truly stated.

Verified today the …………………………..day of……………………………

Signature of the person providing the information

Place: ……………………………

Notes :

1. *Delete whichever is not applicable. (4) #Write N.A. if the relevant information forms part of the certificate referred to in

sub-section 4 of section 90 or sub-section (4) of section - 90A.

153

(TO BE INCLUDED ONLY WHERE CONSORTIUM/JV ARE ALLOWED)

Format F-29

FORMAT FOR CONSORTIUM/JV AGREEMENT (ON NON- JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)

CONSORTIUM/JV AGREEMENT

This Consortium/JV Agreement executed on this ….. Day of ……. Between M/s …………, a company incorporated under the law of …… and having its registered/principal office at……………………….. (herein after called the ‘”Member-I’/ ‘Lead Member’ which expression shall include its successors, executors and permitted assigns) and M/s ………………., a company incorporated under the laws of …….., and having its registered/principal office at ……………………………………….. (herein after called the ‘Member – II’/ ‘Second Member’ which expression shall include its successors, executors and permitted assigns) ……………………………. ‘and M/s ………………., a company incorporated under the laws of …….., and having its registered/principal office at ……………………………………….. (herein after called the ‘Member – III’/ ‘Third Member’ which expression shall include its successors, executors and permitted assigns), for the purpose of making a bid and entering into a contract (in case of award) in response to bid document no………………………………………… for the work of ………………………… (Name of Project) of M/s ………………………. (herein after called the ‘Owner’). WHEREAS, the Owner invited bids vide its bid document no. …………… for the work of …………………………. AND WHEREAS as per tender documents, Consortium/JV entities will also be considered by the Owner provided they meet the specific requirements in that regard. As a pre-condition of bidding documents, the Consortium/JV bidder shall provide in its bid a Consortium/JV Agreement in an acceptable format in which the Members to the Consortium/JV are jointly and severally liable to the Owner to bind themselves to the bid conditions accept the contract award, if selected and perform all the contractual obligations thereto. AND WHEREAS the bid is being submitted to the Owner vide our proposal dated …….. based on the Consortium/JV Agreement being these presents and the bid with its bid forms and submission documents, in accordance with the requirement of tender conditions and requirements have been signed by both the Members and submitted to the Owner. NOW THIS INDENTURE WITNESSETH AS UNDER:

154

In consideration of the above premises and agreements all the Members to this Consortium/JV do hereby now agree as follows:

1. We the Members in the Consortium/JV hereby confirm that the name and style of the Consortium/JV shall be …………… Consortium/JV.

2. In consideration of the bid submission by us to the Owner and the award of Contract by the Owner to the Consortium/JV (if selected by the Owner),we the Members to the Consortium/JV, hereby agree that the Member-I (M/s………) shall act as the lead Member for self, and for and on behalf of Member-II/ Member-III and further declare and confirm that we shall jointly and severally be bound unto the Owner for execution of the contract in accordance with the contract terms and shall jointly and severally be liable to the Owner to perform all contractual obligations including technical guarantees. Further, the lead Member is authorized to incur liabilities and receive instructions for and on behalf of any or both Members of the Consortium/JV and the entire execution of the Contract.

3. In case of any breach of the said Contract by any of the Members of the CONSORTIUM/JV, we hereby agree to be fully responsible for the successful execution/performance of the Contract in accordance with the terms of the Contract.

4. Further, if the Owner suffered any loss or damage on account of any breach of

the Contract or any shortfall in the completed equipment/plant, meeting the guaranteed performance parameters as per the technical specifications/ contract documents, the Second & Third Member of these presents undertakes to promptly make good such loss or damage caused to the Owner, on the Owner’s demand without any demure. It shall neither be necessary nor obligatory on the part of the Owner to proceed against the Lead Member to these presents before proceeding against the Second & Third Member.

5. The financial liability of the Member (s) to this Consortium/JV Agreement, to

the Owner with respect to the any or all claims arising out of the performance or non-performance of the Contract shall, however be not limited in any way so as to restrict or limit the liabilities of either of the Member.

6. Division of responsibilities of Scope of work among different Consortium/JV

members is as per APPENDIX I (Responsibility Matrix) to this Consortium/JV Agreement.

7. It is expressly understood and agreed between the Members to this agreement that the responsibilities and obligations of each of the Members shall be as delineated in ‘APPENDIX I’ to this agreement. It is further agreed by the Members that the above sharing of responsibilities and obligations shall not in

155

any way be a limitation of the joint and several responsibilities of the Members under the Contract.

8. This Consortium/JV Agreement shall be governed, construed and interpreted in

accordance with Laws of India courts of Delhi shall have exclusive jurisdiction in all matters arising thereunder.

9. In case of award of contract, we the Member s to this Consortium/JV

Agreement do hereby agree that we shall furnish the contract performance guarantee in favour of the Owner from a bank acceptable / approved by the Owner for a value as stipulated in the Contract Award and such guarantee shall be in the names of Consortium/JV.

10. It is further agreed that this CONSORTIUM/JV Agreement shall be irrevocable

and shall form an integral part of the Contract and shall continue to be enforceable till the Owner discharges the same. It shall be effective date first above mentioned for all purposes and intents.

11. In case bid submitted by Joint Venture, the details of equity partnership and

assets of the JV shall be attached as a separate annexure to this agreement.

12. This agreement remains in force till the end of Defects Liability Period.

IN WITNESS WHEREOF, the Members to this Consortium/JV agreement have, through their respective authorized representatives, have executed these presents and affixed their hands and common seal of their respective companies on the day, month and year first abovementioned.

For M/s. (………….. Member

1. Seal of …………………………………… M/s. (Signature of authorised Representative) has been affixed in my/our presence pursuant to Board Resolution dated Name: ……………………………… Signature ………………… Designation: Designation

156

For M/s. (………….. Member-II

1. Seal of…………………………………… M/s. (Signature of authorised Representative) has been affixed in my/our presence pursuant to Board Resolution dated Name: ………………………………………. Signature ………………… Designation: Designation

For M/s. (………….. Member-III

1. Seal of………………………………… M/s. (Signature of authorised Representative) has been affixed in my/our presence pursuant to Board Resolution dated Name: ………………………………………..

157

ANNEXURE-I

FORMAT OF DECLARATION BY SELLERS WHO DO NOT HAVE A PE IN INDIA

We, the beneficiary, hereby confirm as follows: 1. We are resident of a (Contracting State) in accordance with the

provisions of Article 4 of the Convention between the Government of the (Contracting State) and the Government of the Republic of the (Other Contracting State/ India) for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (“Treaty”) and are eligible to claim relief under the provisions of the Treaty including Article5.

2. Till 31st March………………..,we did not have a permanent establishment in

India as contemplated under Article 5 of the Treaty respectively. Further, up to 31 March …………., we have no intention to have a fixed base or permanent establishment in the _ (Other Contracting State/ India) within the meaning of Article 5 of the Treaty respectively.


Designation: Seal:

158

FORMAT OF DECLARATION BY THE SELLER REGARDING NO BUSINESS CONNECTION IN INDIA

This is to certify that………………………………….(Name of the entity) a companying…………..(Country) having its registered office at ……………………………..(Address of company)

1. Is a tax resident of ………………………………;and

2. Till 31 March …………….., we did not have a business connection or fixed

base in India as per the provisions of Indian Income Tax Act, 1961. Further, up to 31 March……….., we have no intention to have a business connection or fixed base in India.

We further undertake to notify your good office immediately if there is a change in the facts or status of our company in relation to being or operating a business connection of fixed base as stated herein above.


Designation:

Seal

159

GENERAL CONDITIONS OF CONTRACT –

WORKS (GCC – WORKS)

SECTION-IV

(Refer Attachment of GCC)

KONKAN LNG PVT.LTD.

160

OIL & GAS

HIRING OF GAS DRIVER, COMPRESSORS FOR

DEPLOYMENT AT DABHOL SITE OF M/S KONKAN LNG PVT. LTD (KONKAN LNG PVT. LTD.)

TITLE

SPECIAL CONDITIONS OF CONTRACT

BID DOCUMENT NO.

KLPL/HQ/C&P/Hiring of Compressor/01/2018 REVISION 0

SECTION-V

SPECIAL CONDITIONS OF CONTRACT (SCC)

161

OIL & GAS



TITLE


BID DOCUMENT NO.



1.0 GENERAL

1.1 Special Conditions of Contract (SCC) shall be read in conjunction with the General Conditions of Contract (GCC),

Schedule of Prices, specifications of work, drawings and any other document forming part of this Contract wherever

the context so requires.

1.2 Notwithstanding the sub-division of the document into these separate sections and volumes every part of each shall

be deemed to be supplementary 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 Where any portion of the GCC is repugnant to or at variance with any provision of the Special Conditions of

Contract shall be deemed to override the provision (S) of GCC, only to the extent that such repugnancies of

variations in the Special Conditions of Contract are not possible of being reconciled with the provisions of GCC.

1.4 Wherever it is mentioned in the specifications that the Contractor shall perform certain work or provide certain

facilities it is under stood that he 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.

1.5 The materials, design, and workmanship shall satisfy the relevant Indian Standards, the Job Specifications

contained herein and Codes referred to. Where the job specification stipulate requirements in addition to those

contained in the standard codes and specifications, these additional requirements shall also be satisfied.

1.6 In the absence of standard/specifications/codes of practice for detailed specifications covering any part of the work

covered in this Bidding Document, the instructions/directions of Engineer-in-Charge will be binding on the

contractor.

1.7 In case of an irreconcilable conflict between Indian or other applicable standards, General Conditions of Contract,

Special Conditions of Contract, Specifications, Drawings or Schedule of Prices, the following shall prevail to the

extent of such irreconcilable conflict in order of precedence:

I. Detailed Letter of Acceptance along with its enclosures.

II. Fax/Letter of Intent.

III. Schedule of Prices as enclosures to Fax/Letter of Intent.

IV. Job/Particular Specifications.

V. Drawings.

VI. Technical/Material Specifications

VII. Special Conditions of Contract

VIII.Instruction to Bidders.

IX. General Conditions of Contract.

X. Indian Standards.

162

XI. Other applicable Standards.

1.8 It will be the Contractor’s responsibility to bring to the notice of Engineer-in-Charge any irreconcilable conflict in the

contract documents before starting the work (S) or making the supply with reference that the conflict exists.

1.9 In addition to other requirements specified in the Bidding Document, Contractor shall submit to the office of the

Owner six hard copies of the critical drawings requiring approval of the owner

1.10 In the absence of any Specifications covering any material, design of work (s) the same shall be performed /

supplies / executed in accordance with Standard Engineering Practice as per the instructions / directions of the

Engineer-in-Charge, which will be binding on the Contractor.

2.0 DEFINITION

2.1 Word “Plant”, ‘Unit” or ‘Terminal” being used in this Contract are Synonyms and shall mean LNG Re-gasification

unit.

2.2 “Monsoon Season” means that portion of the year between 16th May through 15thSeptember (both days inclusive) or

period as defined by Maharashtra Maritime Board (MMB) when monsoon, storms and high seas are of such

frequency and intensity at offshore site location that construction work cannot be scheduled with any assurance.

Notwithstanding above, “Time Schedule ~shall be inclusive of “Monsoon Period” as mentioned above.

3.0 TIME SCHEDULE

The Work shall be executed within the Time Schedule given in Appendix-I to these Special Conditions of Contract.

3.1. The Contractor must mobilize and commission the compressor package complete in all respects as per the Time

Schedule mentioned above. If the contractor fails to comply with the Time schedule, total Contract Price shall be

reduced by ½% of the Mobilization, installation and demobilization Prices (sum of prices quoted at Sl. No. 1

& 4 of SOR) per complete week of delay or part thereof subject to maximum of 5% of the Mobilization,

installation and demobilization Prices (sum of prices quoted at SI. No. 1 & 4 of SOR).”

4.0 CONSTRUCTION WATER & POWER SUPPLY

Construction water at one point will be provided by Owner free of cost within the plant premises at a mutually agreed location. Further, distribution of network for Construction water as per requirement shall be done by the Contractor at his own cost.

Construction power shall be made available by the Owner free of cost at one point within the plant premises.

Further, distribution of network for Construction power as per requirement shall be done by the Contractor at his own cost. The construction power shall be made available to the Contractor subject to grid disturbance, and no time extension or compensation shall be payable on this account. Therefore, the Contractor shall within the contracted price make alternate arrangement to cope with such eventuality. Additional power, if required, to meet the contractual requirements, shall be arranged by the Contractor at its own cost.

5.0 RESPONSIBILITY OF CONTRACTOR

5.1 It shall be the responsibility of the CONTRACTOR to obtain the approval for any revision and/o rmodifications of the

drawing decided by the CONTRACTOR, from the OWNER / Engineer-in-Charge before implementation. Also such revisions and or modifications if accepted approved by the OWNER, Engineer-in-Charge shall be carried out at no extra cost to the OWNER.

5.2 All expenses towards mobilization at site and demobilization, including bringing in equipment,work force, materials,

dismantling the equipment, clearing the site etc. shall be deemed to be included in the prices quoted and payments on account of such expenses shall be made as per payment terms detailed in Appendix-II of this contract document.

163

5.3 It shall be responsibility of the CONTRACTOR to provide, operate and maintain all necessary construction

equipment, steel scaffoldings and safety gadgets, cranes derrick and other lifting tackles, tools and appliances to perform the work in a workman like and efficient manner and complete all the jobs as per time schedules without any extra cost to the OWNER.

5.4 Preparing approaches and working area for the movement and operation of the cranes derrick, leveling the areas for assembly and erection shall also be responsibility of the CONTRACTOR

5.5 The CONTRACTOR shall acquaint himself with access availability facilities, such as railway siding, local labour etc., to provide suitable allowances in his, quotation. The CONTRACTOR may have to build temporary facilities to aid his own work, which shall also be taken account of while quoting for the work. The CONTRACTOR shall be responsible for procurement and supply in sequence and at the appropriate time of all equipment’s/ materials and consumables and his Prices for execution of work will include of supply of all these items

6.0 PAYMENT TERMS

Payment for shall be released progressively as detailed in the Appendix –II annexed to SCC.

7.0 PERFORMANCE TEST:

Performance as detailed in the SCOPE OF WORK, 4.19 (f) to (i) shall be carried out every year before commencement of monsoon season (refer clause 2.2 above). Preferably in the month of April. In case the contractor is not able to deliver the contracted quantity of gas i.e. 12000Kg/Hr., at the specified outlet conditions during the performance test, it shall be treated as failure on part of the contractor.

In such case , without prejudice to Clause 3.1 above, Payment for line item 2 (Fixed Rental per Month) of SOR shall be made on pro rata basis calculated as per the actual quantity demonstrated during the performance test .12000 Kg/Hr discharge capacity with allowance up to -5% , is taken as basis for 100% payment against this line item.

8.0 TAX AND DUTIES

8.1 The quoted prices shall be inclusive of all taxes and duties including Excise Duty, Sales-Tax, VAT (on goods consigned to Owner), Cess on account of labour welfare, WCTor VAT on Works Contract etc., except Service Tax, as applicable with respect to Contractor’s scope of work/scope of supply. Contractor shall not be compensated for any change in taxes and duties due to wrong assessment and /or statutory variation. Other GST and any Cess thereon shall be paid extra as applicable and as per terms & conditions of tender.

8.2 CUSTOMS DUTY

This project is entitled for NIL duty on the imported materials consigned to the Owner and required for incorporation in the permanent works. The imported materials shall be consigned in the name of Owner, however all other activities like clearance of Custom Duty stevedoring or any other activities shall be performed by Contractor at this sole cost and expenses.

8.3 INCOME TAX

8.3.1 The Contractor shall be exclusively responsible and liable to pay all income taxes on any payments arising out of the Contract, whether payable in India or in any other jurisdiction.

8.3.2 Withholding tax/tax deductible at source is applicable to all payments to be made to the Contractor. Withholding/deduction is required to be made at the rates specified in the Indian Income Tax Act as varied by the provisions of any applicable double taxation treaty between India and the country of citizenship of a foreign Contractor. The Indian Income Tax contains provisions permitting deduction of tax at a lesser rate if the Contractor is able to justify to the Income Tax Authorities such lesser rate of deduction. A deduction once made has to be deposited by the Owner with the Income Tax Authorities in India and will not be adjustable by the Owner. It is therefore in the interest of the Contractor that prior to release of any payment due to the Contractor under the Contract that the Contractor obtains, from the relevant Income Tax Authorities in India, a certificate specifying the rate of deduction/withholding of income tax at source, failing which, payment to the Contractor shall be made by the Owner subject to the withholding/deduction at full rates aforesaid.

9.0 WITHHOLDING, ACCOUNTING AND TAX REQUIREMENTS

164

Contractor agrees for withholding from wages and salaries of its agents, servants or employees all sums, required to be withheld by the laws of the Republic of India or any other agency having jurisdiction over the area where Contractor is conducting operations, and to pay the same promptly and directly when due to the proper authority. Contractor further agrees to comply with all accounting and reporting requirements of any Nation having jurisdiction over the subject matter hereof and to conform to such laws and regulations and to pay the cost of such compliance. If requested, Contractor will furnish the evidence of payment of applicable taxes, in the country (ies) of the Contractor's and his sub-contractor(s)and expatriate employees.

10.0 STATUTORY APPROVALS

The Contractor shall make his own arrangement for obtaining all approval, license, permits etc from Port authority, CCOE, Nagpur, other Government authorities etc. which are required for his plant, equipment, floating craft etc and for use of explosives for rock blasting etc., as per statutory rules and regulations of Central/ State Government. Contractor shall at all times make full liaison with and inform well in advance and obtain such permission as is required from all Government authorities, public bodies and private parties who so ever concerned or affected or likely to be concerned or affected by blasting operation etc.

The Owner will assist the Contractor as far as possible in obtaining these license, permits,approvals etc., by recommending his application for the same but will not accept any responsibility in the matter. The application to relevant authorities along with copies of required certificate complete in all respects shall be prepared and submitted by the Contractor well ahead of time so that the actual construction/commissioning of the work is not delayed for want of the approval/inspection by concerned authorities. Delays in obtaining such licenses, permits approvals, etc shall not be acceptable reasons for delays in the progress of the work. The Contractor shall arrange the inspection of the works by the authorities and necessary coordination and liaison work in this respect shall be the responsibility of the Contractor. Owner shall reimburse statutory fees payable by Contractor.However, obtaining all Clearances/ permissions related to Contractors equipments /works shall be the responsibility of the Contractor. Owner shall provide all back-up support, signed forms, attend meetings with authorities if required, as well as take reasonable efforts to expedite issue of permission.

11.0 FIRM PRICE

Prices shall be firm and fixed until the completion of work in all respect. No variation on any account shall be payable.

12.0 MOBILIZATION ADVANCE

No separate Mobilization Advance shall be paid to the Contractor.

13.0 SUB-CONTRACTING

13.1 If the CONTRACTOR is required to engage a SUB-CONTRACTOR for any part of work, then such Sub-Contractors shall have prior proven experience of similar work and require specific approval by OWNER after award of work. Owner shall carry out approval generally within period of 10 days from the date of submission of all relevant details.

13.2 Following the Notification of Acceptance of Bid, the CONTRACTOR will submit to the OWNER for approval, the

details of Sub-Contractors. CONTRACTOR shall ensure that very competent and resourceful agencies with proven

track record and performance are proposed for the work to be sub-contracted.

14.0 SITE ORGANISATION

The contractor shall without prejudice to his overall responsibility to execute and complete the works as per specifications and time schedule progressively deploy adequate qualified and experienced personnel together with skilled/unskilled manpower and augment the same as decided by Engineer-in-Charge depending on the exigencies of work to suit the time schedule, without any additional cost to owner.

15.0 QUALIFLCATION AND EXPERIENCE OF KEY SUPERVISORY PERSONNEL

CONTRACTOR shall submit bio-data of Key Supervisory Personnel after award of the contract, which will be reviewed and approved by Engineer-in-Charge.

16.0 EQUIPMENT TOOLS & TACKLES

165

The Contractor shall without prejudice to his overall responsibility to execute and complete the work as per specifications and time schedule, progressively deploy adequate equipment and tools and tackles and augment the same as decided by the Engineer-in-charge depending on the exigencies of the work so as to suit the construction schedule without any additional cost to owner. The bidder shall submit a list of construction equipment he proposes to deploy for the subject work along with deployment schedule. No Equipment shall be supplied by the Owner.

17.0 INSPECTION OF WORKS

17.1 The work is subject to inspection at all times by the Engineer-in-charge. The CONTRACTOR shall carry out all instructions given during inspection and shall ensure that the work is being carried out according to the technical specifications of this bidding document the technical documents and the relevant codes of practice that will be furnished to him during performance of work.

17.2 The CONTRACTOR shall provide for purposes of inspection necessary instruments at his own cost for inspection of work. Compressed air for carrying out works shall be arranged by the CONTRACTOR at his own cost.

17.3 Any work not conforming to the execution drawings, specifications or codes shall be rejected forthwith and the

CONTRACTOR shall carry out the rectifications at his own cost. 17.4 Inspection and acceptance of the work shall not relieve the CONTRACTOR from any of his responsibilities under

this contract.

18.0 HEALTH, SAFETY AND ENVIRONMENT (HSE)

18.1 The CONTRACTOR, during entire duration of the Contract, shall adhere to HSE requirement as per OWNERS Safety Policy enclosed in the Bidding Document to these Special Conditions of Contract.

18.2 The CONTRACTOR shall establish document and maintain an effective Health, Safety and Environment (HSE)

management system.

18.3 The contractor in addition to the safety measures mentioned elsewhere in the tender document shall comply with Safety Practices during construction as mentioned in OISD Guidelines-192 and Contractor Safety as mentioned in OISD-Guidelines-207 where ever necessary.

19.0 ENTRY PASSES, WORK PERMITS & SAFETY REGULATIONS

The works under this contract are to be carried out in areas within the plant limits. As such, the Contractor and its Sub-Contractor and their employees and agents are required to abide by safety and security regulations of the OWNER in force from time to time. The Gate Pass System for the labour, other officials, vehicles etc. to be engaged by them shall be applied in accordance with rules and regulations of KLPL. Further, KLPL shall have the right to deploy its security in the entire plant site, including LNG terminal.

19.1 ENTRY PASSES

19.1.1 The CONTRACTOR has to apply for photo Entry Passes for its workers and staff and the workers and staff of its SUB-CONTRACTOR in a prescribed perform provided by the OWNER. The Application shall be accompanied by a Statement and Declaration in the form prescribed by the OWNER signed by the employees for whom the Entry Passes are sought and confirmed by the employer. The photo Entry Passes shall be issued by the OWNER for a maximum period of 3 (three) months, which will be extendable upon application of the CONTRACTOR.As a special case Temporary Passes may be issued for a maximum period of 07 (Seven) days.

19.1.2 Un-utilized/expired Entry Passes/Identity Cards shall have to be immediately surrendered to OWNER.

19.1.3 In case of the loss of an Entry Pass/Identity Card the CONTRACTOR shall immediately lodge an FIR with the local police station and inform the Engineer-in-Charge of the loss and shall pay a charge of Rs.150/- against Entry Pass/identify Card lost. The CONTRACTOR is required to keep an account and track of all Entry Passes issued and surrendered.

19.1.4 Employees of the CONTRACTOR or SUB-CONTRACTOR while working inside the Plant should always display

gate Passes/Identity Cards issued by the Security Section.

19.2 GATE PASSES

To bring materials, equipment, tools and tackle and other things inside the Plant for construction work, the CONTRACTOR has to produce proper documents of title or authority relative thereto for inspection by

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personnel of the OWNER at gate. These shall be checked thoroughly by personnel of the OWNER at the Gate and recorded in their Register before permitting the same to be brought inside the Plant limits. It is the responsibility of CONTRACTOR to see that the entry is duly recorded in the Register with proper Entry Number, date and signature of authorized representative of OWNER and that the supporting challans documents are stamped and signed by personnel of OWNER at the gate at the time of entry.

19.3 WORK PERMIT

19.3.1 In order to keep the OWNER informed of the various jobs being undertaken within the Plant and to enable the OWNER to regulate the same to ensure the observance of safety regulations relative thereto. When work is to be carried out in hazardous areas, a Hot Work Permit is to be obtained by the CONTRACTOR from the OWNER before start of work on jobs which are capable of generating a flame, spark or heat e.g. gas cutting, grinding, welding, use of any electrical, diesel, petrol or battery operated prime mover, machine, tool or equipment or generator set, mixer machine, drilling machine, pump, crane, fort lift or hand truck or trailer or chipping or breaking of rocks or concrete or hacksaw cutting and drilling. Similarly the CONTRACTOR is to obtain a Cold Work Permit from the OWNER for jobs which do not come under the category of hot work and in respect of which there is no risk of fire e.g. transportation, backfilling of ordinary soil by manual process, pile testing, hydro-testing, shuttering, fixing of reinforcement, hand mixed concreting, plastering and brick work

19.3.2 Depending on the nature of the work and the equipment and tools involved, the CONTRACTOR shall apply for

Cold/Hot Permit in a prescribed format at least 7 (seven) days before the work is planned to start. No Work Permit shall be issued by OWNER unless proper arrangement is made by the CONTRACTOR to ensure safe performance of the work inside the Plant limit. Job-wise and area-wise permits shall be issued to the CONTRACTOR and for work against each permit the CONTRACTOR shall post at site at least one Construction Supervisor and one Safety Supervisor of required level to ensure the due observance of all safety requirements.

19.3.3 Vehicle Permit: Petrol vehicles are not permitted inside the plant area.

Permits are to be obtained separately for entry/use of vehicles/trailers and other mobile equipment inside the Plant limits. All the vehicles of CONTRACTOR should have a valid PUC certificates. The following requirements are to be met to obtain vehicle permit:

a) Vehicle/Equipment shall be in good condition and fitted with spark arrestor. b) Vehicles should carry, wherever applicable, Valid Road tax certificate and fitness certificate from the

competent authority and insurance policy. c) Valid operating/driving license of driver/operator

19.3.4 Validity of the Permit

a) Any Hot Work Permit issued is valid only for 24 hours. b) Thereafter the validity of the Permit must be renewed for each shift (Morning &Evening) by the shift in-

charge/shift representative of the OWNER. c) A permit is not valid for work on holidays unless special permission of the

OWNER is obtained for the purpose.

19.4 Safety Regulations

19.4.1 Regarding Work Permit

a) The work shall be carried out inside the Plant limits to conform to the OWNER’s safety section and in accordance with any instructions of Engineer-in-Charge issued from time to time. Sometimes working hours may be drastically reduced or increased to satisfy safety requirements and the CONTRACTOR shall meet these requirements without any time and cost implications. No claim for idling of machinery, plant, manpower or equipment shall be entertained for reason of delay in the issue of a Work Permit and it shall be the exclusive responsibility of the CONTRACTOR to apply for, pursue and obtain the requisite Work Permit(s) well in advance of the relative requirement(s).

b) The CONTRACTOR shall abide by all safety regulations of the plant and ensure that safety equipment for specific jobs as stipulated in the Factories Act Safety Handbook is issued to all employees during the execution of work, failing which all the works at site shall be suspended.

19.4.2 Regarding use of Vehicle

a) Vehicle must not ply on any road within the Plant limit at a speed exceeding20 KM/hr. b) Mobile cranes, loaded trucks and trailers must not exceed speed limit of 15 KM/Hr inside the plant. c) No crane is allowed to move inside the plant with load.

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d) No vehicle is allowed to be parked inside the plant.’ 19.5 MEASURES FOR PROTECTION OF ENVIRONMENT

The CONTRACTOR shall comply with all the conditions laid down by the local pollution control authority, Ministry of Environment & Forest and other agencies. The CONTRACTOR shall not carry out any activity contravening their requirements and guidelines.

The following requirements shall be complied with. This is not intended to be exhaustive and all encompassing. Adequate sanitation facilities & cooking fuel shall be provided to the laborers to avoid

tree felling and nuisance in the area. Cutting of trees shall be avoided. In case this is considered essential, the CONTRACTOR shall obtain written

approval from the concerned local authority prior to cutting of trees. All necessary measures shall be taken to avoid accidental leakage or spillage of oil or any other hazardous or

handful waste materials. Sewage and other wasters shall not be disposed directly into sea

The CONTRACTOR is deemed to have recognized any restrictive features of the site and/or specific requirements of the work and made due allowance for it in the work to be performed by him.

Hydro-test water in the pipeline containing corrosion inhibitors, biocides etc. shall not be dumped into the sea.

20. ADVERSE PHYSICAL OBSTRUCTIONS OR CONDITIONS

If, during the execution of the works the Contractor encounters physical obstructions or physical conditions, other than climatic conditions on the site, which obstructions were in his opinion, not foreseeable by an experienced Contractor, the Contractor shall forthwith give notice thereof to the Engineer-in-Charge with a copy to the Owner. On receipt of such notice, the Engineer-in-Charge shall, if in his opinion such obstructions or conditions could not have been reasonably foreseen by an experienced Contractor, after due consultation with the Owner and the Contractor, determine any extension of time to which the Contractor is entitled and shall notify the Contractor accordingly, with a copy to the Owner. Such determination shall take account of any instruction which the Engineer-in-Charge may issue to the Contractor in connection therewith, and any proper and reasonable measures acceptable to the Engineer-in-Charge which the Contractor may take in the absence of specific instructions from the Engineer-in-Charge. Contractor shall be entitled for time extension on account of such physical obstruction.

21.0 GOVERNMENT OF INDIA NOT LIABLE

It is expressly understood and agreed by and between the Contractor and the Owner that the Owner 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 there under. It is expressly understood and agreed that the Owner is an independent legal entity with power and authority to enter into contracts, solely in its own behalf under the applicable laws of India and general principles of Contract Law. The Contractor expressly agrees, acknowledges and understands that the Owner 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, commission breaches or other wrongs arising out of the contract.

Accordingly, Contractor hereby expressly waives, releases and foregoes any and all actions or claims, including

cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to sue to Government of India as to any manner, claim, cause of action or things whatsoever arising of or under this agreement.

22.0 INTERFERENCE WITH TRAFFIC AND ADJOINING PROPERTIES

All operations necessary for the execution and completion of the Works the remedying of any defects therein shall, so far as compliance with the requirements of the Contract permits, be carried on so as not to interfere unnecessarily or improperly with:

a) the convenience of the public or b) the access to, use and occupation of public or private roads, railway or any other right of way and

footpaths to or of properties whether in the possession of the owner or of any other person

The Contractor shall keep harmless and indemnify the owner in respect of all claims proceedings, damages,

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costs, charges and expenses whatsoever arising out of, or in relation to any such matters insofar as the Contractor is responsible therefore.

23.0 OFFSHORE POLLUTION RESPONSIBILITY

23.1 In the performance of any and all services and the Works hereunder by the Contractor or his sub-Contractors, the Contractor shall accept full responsibility for compliance with all applicable laws and Governmental orders, rules and regulations as amended from time to time relating to pollution and any extra cost resulting there from shall be to Contractor’s Account. Contractor and his sub-Contractor(s) shall also comply with any additional provisions as may be notified to the Contractor by the Owner without in any way limiting the generally of the preceding sentences, it is specifically agreed that the Contactor shall comply with the following:

i) Solid waste, such as tins, bottles or any torn of trash must be transported to shore inappropriate containers.

ii) Solid combustible waste may be burned and the ashes may be disposed of suitably.

iii) All waste oil and greases shall be placed in containers and taken ashore for disposal. The Contractor shall either curb all areas subject to contamination and connect these to a collecting tank or sump or provide drip pans under any equipment or area where pollutants might logically originate and connect the sepans to a sump.

iv) Care will be taken to secure all deck cargo in such a manner as to ensure that the cargo, its covers (plastic or tarpaulins) or its fastenings will not be lost into the sea.

The Contractor agrees to inform himself and his supervisors of such laws, orders and regulations and to make alt his employees and the sub-Contractors fully cognizant of their responsibilities. The Engineer-in-charge will discuss interpretations and applications of the laws, orders and regulations referred above with the Contractor’s Representative or Construction Superintendent, but such discussion shall not in any way relieve the Contractor of his responsibility hereunder. In addition and without in any way limiting, restricting or prejudicing any of the Owner’s other rights and remedies, whether arising under any other provisions of this Contractor under any rule of law, the Contractor shall:

i) Clean up and remove any pollution resulting from its non-compliance with the provisions of this section, at his cost and expense.

ii) If the Contractor fails to do so, the Owner may cleanup & removes the pollution and the necessary cost shall be deducted from the contractor bill.

24.0 WEATHER CONDITIONS

a) The Contractor shall bear all cost and delays due to adverse weather conditions/weather down time experienced during the onshore part of the work including load out and tie down under the contract.

b) The Contractor shall bear all the cost and delays due to adverse weather conditions/weather down time experienced during the tow-out / sail-out and transportation of works.

c) The Contractor shall bear alt the costs and delays due to adverse weather conditions/weather down time of the constructional plant and equipment/marine spread, etc experienced during the execution of the works at offshore site.

d) The ‘Time Schedule’ shall be inclusive of ‘Monsoon Period’ as defined at Clause No 2.2 of Section D above.

25.0 GENERAL REQUIREMENTS FOR RADIOGRAPHY & OTHER NDT WORKS

CONTRACTOR shall appoint radiography/NDT agency (ies) only after acceptance of such agency (ies) by OWNER. However, acceptance of radiography/NDT agency by OWNER shall not absolve the CONTRACTOR of his responsibility to execute radiography work as per requirements of the Contract. CONTRACTOR shall mobilize Radiography/ NDT agency at site along with adequate number of radiography resources! NDT equipments & appliances, commensurate will the welding activity and quantum of Radiography/NDT work load to avoid delays in Radiography/ NDT and consequent generation of back log. In the event of generation of back log leading to Delay / Holdup of subsequent activities, OWNER has right to engage additional agency for carrying out the radiography at the risk and cost of CONTRACTOR including 100% overhead charge.

26.The above rates shall be inclusive of all elements of taxes, duties & charges except GST.

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27.The duration of contract will be 12 months from the date of award which includes:

Mobilization, Supply, Construction, Installation & Hook-up with existing system of the compressor package, testing & commissioning and conducting of Guarantee test Run to be completed within 3 months from date of award.

28.1 year period from date of successful completion of Guarantee test Run certified by Owner shall be considered as

‘firm period’

29.The quoted prices shall remain firm and fixed up to 24 months from the date of award. Owner reserves the right to extend for another 12 months period. This shall be considered as ‘extended period’ in which Owner has the right for early termination of contract, any time by giving 03 months’ notice to the contractor.

30.The Evaluation for Item no.2 shall be carried out considering 12 months & evaluation for Item no.3 shall be carried out for 4000 hours.

31.The Contractor to make own arrangements for insurance of equipment and personnel during mobilization, stay and demobilization ( i.e. during entire duration of the contract) .

32.The Contractor has to make his own arrangements for their personnel towards travel, stay, food, water, fuel etc., within his quoted price.

33. Any downtime on account of weather, equipment/vessel/positioning breakdown shall be to the Contractors account.

34. It is the responsibility of the Contractor for obtaining all the clearances from appropriate authorities for the mobilisation of the Compressor system, Owner shall only provide authorization letters for obtaining such clearances.

35. Payment shall be made for the certified running hours of Compressor system.

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ANNEXURE-2 TO SCC

1.0 SCOPE OF SUPPLY

1.1 Owner’s Scope of Supply

Owner’s scope of supply shall be as specified in Particular Job Specification, Technical Specifications, Schedule of Rates & various other parts of the Bidding Document.

Conditions for Issue and Reconciliation of Materials shall be as per Document enclosed as Annexure-1 to Special Conditions of Contract.

1.2 Contractor’s Scope of Supply

All materials except what is under Owner’s scope of supply as mentioned in Clause No. 1.1 above and required for successful completion of works in all respects shall be supplied by the Contractor and the cost of such supply shall be deemed to have been included in the quoted price without any additionally ability on the part of Owner as Annexure-1 to Special Conditions of Contract.

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OIL & GAS



TITL

E


BID DOCUMENT NO.


COMPLETION SCHEDULE

(ANNEXURE-3 TO SPECIAL CONDITIONS OF CONTRACT)

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OIL & GAS



TITLE


BID DOCUMENT NO.


TIME SCHEDULE

1. The time of completion given above shall be reckoned from the date of issue of :Fax/Letter of intent”.

2. The time of completion given above includes mobilization at site and completion of all works in all respects,

preparation and submission of all reports & commissioning.

3. Demobilization, in line with all the provisions of the Bid document, to the fullest satisfaction of owner.

4. The completion certificate will be issued by the EIC only after liquidation of all Punch-list points.

(STAMP & SIGNATURE OF BIDDER)

Name of Work Time of Completion

HIRING OF GAS ENGINE DRIVEN BOG BOOSTER COMPRESSOR FOR KLPL LNG TERMINAL AT DABHOL

1. THREE (03) MONTHS FOR SUPPLY, INSTALLATION AND COMMISSIONING.

2. PLUS ONE(01) YEAR FOR OPEARTION AND MAINTENANCE , WHICH IS FURTHER EXTENDABLE TO ONE MORE YEAR ON THE SAME TERMS AND CONDITIONS

3. TWO WEEKS FOR DE_ MOBILIZATION OF EQUIPMENTs FROM SITE.

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TERMS OF PAYMENT

ANNEXURE-4 TO SCC

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TERMS OF PAYMENT

Pending completion of the whole works, provisional progressive payments for the part of work executed by the contractor shall be made by Owner on the basis of said work completed and certified by the Owner’s representative as per the agreed milestone payment schedule and the percentage break-ups given below.

Contractor shall submit his invoices to the Owner’s representative fortnightly in the manner as instructed by Owner. Each invoice will be supported by documentation acceptable to Owner and certified by the Owner’s representative. Payments made by owner to the contractor for any part of the work shall not deem that the Owner has accepted the work. All payments against running bills are advance against the work and shall not be taken as final acceptance of work / measurement carried out till the final bill. Owner will release payment through e-payments only as detailed in the bidding document.

1. ON ACCOUNT OF PAYMENTS:

Progress payments shall be released to Contractor against monthly running account bills duly certified by Engineer-In-Charge after affecting the necessary deductions / recovery of mobilization advance and other deductions as per the contract. The basis for payment against various items shall be as below:

1.1. Payments for mobilization, supply, installation, testing & commissioning (SL.NO.1 of SOR)

---- 40% against mobilization/supply of equipment at sight. ---- 20% against Construction, Installation & Testing at site ---- 40% against Commissioning of equipment and acceptance thereof.

1.2. Payment for fixed rental (SL.NO.2 of SOR)

---- 100% against monthly running bill. (See Note-(b) below)

1.3. Payment for Running hour Rent (SL.NO.3 of SOR) ---- 100% against monthly running bill. (See Note- (C) below)

1.4 . Payments for Demobilization (SL.NO.4 of SOR)

-----100% against De-mobilization of equipment from sight

NOTE: a) Payments shall be made after necessary deductions on account of income tax and other

deductions, as applicable, as per the provisions of the Contract as required under the law.

b) If the equipment is not available less than 8 hours, payment of monthly rental rate to be paid to the contractor for the machines by deducting the pro-rate of non-availability period.

c) If the equipment is not available for 8 hours and more than 8 hours, payment of monthly rental rate to be paid to the contractor for the machines by deducting twice (double) the pro-rate of non-availability period.

d) Pro-rata payment of hourly rate to be paid to the contractor for the machines which are in operation.

e) Further break up of above payment terms, if deemed necessary for any progressive payment of individual items may be mutually arrived at by Engineer-In-Charge and the Contractor.

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f) The indicated quantities for items under 3.0 are tentative only. The payment to the Contractor shall be made for the actual certified hours of operations of compressor package as accepted by KLPL. The payment shall, however, be regulated by the following conditions:

g)The payment shall be made on monthly basis. The contractor shall raise his bills once in a month for the actual hour runs. h)The Contractor shall not be entitled for any fixed hiring charges (item No.2.0) during the breakdown of his Compressor/Machine for any reason attributable to the Contractor in the event of machine not starting up and being able to compress the gas within 1 hour of instruction issued by the owner. Charges shall be deducted on hourly (pro rata) basis for the downtime from the time of instruction till the machine is made available for operation. i)The Contractor is permitted to avail maintenance period with the prior approval of the owner; however, no hiring charges are admissible during the shutdown

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Section-VI

SCOPE OF WORK

Scope of work shall be as detailed in Particular Job Specification, Technical Specifications, Schedule of Rates & various other parts of this Bidding Document.

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CONTENTS

1. INTRODUCTION ....................................................................................................................... 184

2. INFORMATION TO BIDDERS ......................................... ERROR! BOOKMARK NOT DEFINED.

2.1 SITE VISIT………………………………………………………………………………… 184

2.2 BATTERY LIMIT CONDITIONS: ............................................................................................... 184

2.3 SPECIAL INSTRUCTION TO BIDDER ..................................................................................... 184

3. REQUIRED CAPACITY OF COMPRESSOR SYSTEM:186ERROR! BOOKMARK NOT DEFINED.

4. CONTRACTOR’S SCOPE OF WORK ....................... 187ERROR! BOOKMARK NOT DEFINED.

4.11 PIPING ....................................................................... 188ERROR! BOOKMARK NOT DEFINED.

4.12 ELECTRICAL ............................................................. 190ERROR! BOOKMARK NOT DEFINED.

4.13 INSTRUMENTATION ................................................. 191ERROR! BOOKMARK NOT DEFINED.

4.14 PAINTING .................................................................. 192ERROR! BOOKMARK NOT DEFINED.

4.15 INSTALLATION WORKS ........................................... 192ERROR! BOOKMARK NOT DEFINED.

4.16 MATERIALS TO BE SUPPLIED BY CONTRACTOR 193ERROR! BOOKMARK NOT DEFINED.

4.17 MATERIALS TO BE SUPPLIED BY OWNER ........... 193ERROR! BOOKMARK NOT DEFINED.

4.18 PRE-COMMISSIONING AND COMMISSIONING ..... 193ERROR! BOOKMARK NOT DEFINED.

5 DOCUMENTS TO BE SUBMITTED AT THE TIME OF BIDDING194 ERROR! BOOKMARK NOT DEFINED.

6 CONTRACTOR’S RESPONSIBILITIES..................... 194ERROR! BOOKMARK NOT DEFINED.

7 DOCUMENTATION ..................................................... 194ERROR! BOOKMARK NOT DEFINED.

8 DOCUMENT PRECEDENCE .................................... 195ERROR! BOOKMARK NOT DEFINED.

9 HEALTH SAFETY AND ENVIRONMENT .................. 195ERROR! BOOKMARK NOT DEFINED.

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1. INTRODUCTION

M/s Konkan LNG Private Ltd. (KLPL) has installed LNG Unloading, Storage and Re-gasification facility at Dabhol (Maharashtra). The Terminal is having re-gasification capacity of 5 MMTPA (2.1 MMTPA @41 Kg/cm² & 2.9 MMTPA @ 92 Kg/cm²). BOG (boil off gas) is generated in the terminal due to ambient heating in tanks, associated piping, ring-main (circulation), operation of in-tank pump/s, etc. BOG thus generated from tanks is compressed in a BOG centrifugal compressor up to 8.5 – 9.0 bar g pressure and fed into HP (reciprocating type) Booster compressors (rental), which in turn boost the pressure up to 90 bar. For handling excessive BOG generated especially during monsoon season, M/s KLPL has proposed to hire Gas Engine driven HP Booster Compressor package (reciprocating type), in series to existing BOG Compressor(centrifugal), to suitably send out the BOG generated through the existing HP lines upstream of cross country pipelines originating from Dabhol.

This scope of work & supply covers the piping requirement for hiring of BOG booster HP compressor.

2. INFORMATION TO BIDDERS

2.1 SITE VISIT

Bidder may visit the site before quoting to familiarize with the location for compressor package installation, asses the nature and quantum of work involved for design & detailed engineering, installation including hookup with existing facilities, testing, pre-commissioning and commissioning of compressor and associated facilities and modifications in existing facilities as required. All above activities shall be finalized in consultation with Engineer In charge.

2.2 BATTERY LIMIT CONDITIONS:

Battery Limit” is the land/scope designated for installation of compressor system and has been shown in the P & ID. All utility lines and process lines, 8" compressor inlet, 6" outlet & 4" flare line shall be available to the skid edge. This shall be considered as piping battery limit of the contractor. Supply and installation of all necessary material(s) within the battery limit area including all works related to piping, electrical, instrumentation, civil, structural etc shall be in Contractor’s scope. Any ‘Free issue’ item by Owner to Contractor in Contractor’s battery limit is specified separately in the Bid Package. Compressor system is to be hooked up with all the inlet process and utility streams and outlet discharge piping as shown in the P&ID. The battery limit conditions of BOG Booster Compressor system along with the ambient conditions are specified in the Compressor data sheets attached elsewhere in the bid document.

The typical composition of Boil off gases from suction header, specified in the data sheet, is on the dry basis. The quantity of Boil off gases may vary from 9,000 kg/hr to 12,000 kg /hr from time to time.

Bidders are required to take note of the possible variations of temperature and flow as provided in Compressor process data sheet. The bidders are advised to consider these variations enumerated above, while designing/supplying the compressor system such that it is capable of delivering the requisite quantity of gas at discharge end under the most adverse limiting conditions. No claims would be entertained for any damage to the compressor system on any account including variation in temperature, flow, composition & molecular weight of the gas.

2.3 SPECIAL INSTRUCTION TO BIDDER

Bidder to note the following instructions while bidding for this tender:

a) Bidder has to supply, install & commission the compressor package within 03 (three) months from the award. Date of manufacturing of the compressor skid shall not be older than Twenty years from bid due date. Bidder must submit details covering certificate(s)/documentation including manufacturer’s standard compressor datasheet or datasheet as per API-11P/ISO – 13631, from the original equipment manufacturer(OEM) covering the aspects for adequacy of gas compressor with respect to compressor sizing, compressor performance, its mechanical soundness, driver sizing & suitability of the offered compressor for the specified operating conditions along with the un priced bid.

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b) Only those bidders, who undertake total single point responsibility for the complete scope of work as per bid document, shall be considered. Offers with partial scope of work shall be summarily rejected. Bid should be complete and covering the entire scope of job / supply and should conform to the technical specifications indicated in the bid documents.

c) Bidders are advised NOT to take any exception / deviations to the bid document. If exceptions /deviations are

maintained in the bid, such conditional / non-conforming bids shall not be considered and are liable to be rejected.

d) Compressor package shall be designed, constructed and operated so as to meet the requirements of applicable safety codes / standards, OISD – Standards, other statutory code requirements etc.

e) All works / systems provided under this contract shall be designed and constructed in accordance with the prevalent national / International codes and practices.

f) All electrical apparatus, instruments items / systems shall be suitable for the hazardous area classification as per applicable National / International standards and statutory regulations.

g) All systems should be designed, constructed and operated for uninterrupted continuous operation

h) In case the contractor is not able to deliver the contracted quantity of gas at the specified outlet conditions, it shall be treated as failure on part of the contractor and dealt with the requirements specified in the bid document

i) KLPL shall have the right to inspect the facilities / equipments deployed by the contractor in the gas compressor package and if any deficiencies are observed by KLPL, the contractor shall remove such deficiencies promptly upon receipt of such instructions from KLPL.

j) Equipment design and engineering shall incorporate adequate safety features (as per applicable specifications

of respective equipment as well as Health, Safety and Environment Codes & Standards applicable for the subject project) to provide protection to operating personnel, equipment and environment.

k) Local discharge of any process stream, which may affect the environment or be hazardous to the plant, will not be allowed. All such discharges should be connected and terminated to the designated hook up points. If any such points have not been designated, the bidder shall specifically request for it.

l) It is Contractor’s responsibility to ensure that all necessary equipments, instruments or any material or service are available for smooth and safe operation of the BOG Booster Compressor satisfying the Basic process requirements as detailed out in P & ID and Compressor process data sheet attached in this bid document.

m) The compressor system should be designed / selected, constructed, installed and operated for uninterrupted continuous operation to supply compressed gas at the specified conditions free from any liquid carryover so as to meet all requirements of applicable safety codes / standards, MPCB norms, Indian Electricity rules and OISD Standards etc.

n) Any change in variation of compressor loading shall be done in consultation with Owner representative. However, if the compressor is operating at a reduced load due to any compressor malfunction, the contractor is advised to take immediate shutdown for repair and maintenance.

o) Contractor to ensure start of BOG Booster Compressor operation with desired discharge flow within ‘1 hour’ of the intimation from the Owner.

p) Any Compressor breakdown period during operation shall be treated as ‘Non available period’.

q) The Compressor should have Tachometer and Running Hour Meter installed. The sensing element for this Tachometer/ Running Hour Meter should be from the compressor. Other Calibrated measuring instruments, as required, during the entire rental duration shall be arranged by the contractor.

r) All civil & structural work including foundations, buildings, cabins etc required for installation and operation of package shall be in contractor scope.

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s) All costs for mobilization (transportation, supply installation, commissioning), operation & maintenance, demobilization shall be included in Contract price. After the termination of contract, the Land shall be handed over back in condition as received during start of the contract from the Owner.

t) The contractor shall be responsible for obtaining all necessary approvals for performing the work

u) The contractor shall follow “Work Permit & Electrical Lock Out” system of KLPL while attending any job pertaining to its compressor system

v) The contractor shall obtain all necessary approvals / test certificates from statutory authorities for its compressor system as applicable and provide a copy of the same to Owner.

w) All consumables (like lube oil etc) required for commissioning & operation of compressor system shall be in scope of contractor at no cost to Owner.

x) It is contractor’s responsibility to deploy sufficient manpower for operation and maintenance of his system; however Contractor shall depute minimum 2 people (1 mechanical + 1 control) per shift of 8hrs during the entire duration of the contract. There shall be 03 shifts of 8 hours each per day.

y) The contractor shall ensure maintaining of proper records for the daily Operation and maintenance DPR of compressor system in a mutually decided format signed by his authorized representative and obtain signature of Owner’s representative on daily basis.

z) All industrial labour laws shall be followed for the deputed manpower.

aa) Operation and Maintenance of the complete compressor system including deployment of requisite skilled and experienced manpower, supply of all consumables, chemicals, lubricants, spare parts, tools & tackle and replacement of defective / faulty equipments, components parts etc.

bb) Always Maintain sufficient inventory of OEM recommended spare parts for year, consumables, chemicals, lubricants etc for smooth operation of the compressor system.

cc) As the compressor discharge will be connected to the existing process header, if any process upset occurs in the downstream process plants, there may be fluctuations in the compressor backpressure. The contractor’s system should take sufficient care to safeguard its compressor system.

3. REQUIRED CAPACITY OF COMPRESSOR SYSTEM:

a) The Compressor packages should conform to API-11P / ISO13631.

b) The process gas is required to be compressed and delivered at the “battery limit” as defined in the process data sheets.

c) The above capacities shall be measured at the discharge of the compressor.

d) It is to be noted that the above mentioned capacity is the total discharge capacity of the compressor package i.e combined discharge capacity of each individual compressor units. Minimum two or maximum three number of compressor units are required to meet discharge capacity should be considered by the vendor for selection, sizing of compressor units.

e) Depending on the site ambient conditions and variations in the generation of BOG (i.e. capacity, etc.), the compressor package should have an appropriate capacity control system as specified in the process datasheet and shall ensure that outlet pressure is maintained at the discharge of the compressor.

Description

Capacity 12000 kg/hr

Suction Press. / Temp. 8 BAR,A @ 25°C

Discharge Press. 90 BAR,A

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f) The compressor system shall have bypass capacity control / recycle system to ensure that outlet pressure is maintained at the specified outlet battery limit pressure.

g) The compressor system should also have sufficient margin & provisions (e.g. variable clearance pockets, fixed clearance pockets or / and speed variation etc) to ensure delivery of gas at the specified compressor systems capacity even in case of variation in adverse limiting conditions as specified above or elsewhere.

4. CONTRACTOR’S SCOPE OF WORK

The detailed scope includes but not limits to the following

4.1 The contractor is required to provide a suitable Gas Engine Driven Reciprocating type Compressor system capable of compressing the Boil-off natural gas available in the suction header drawn from the designated suction hook up point capable of delivering compressed gas quantity not less than 12000 Kg/Hr, free of any liquid to the designated delivery hook up point at the specified conditions by providing all necessary facilities, equipment along with requisite manpower, consumables, lubricants, spare parts etc

4.2 The contractor’s scope of work encompasses design / selection, supply, transportation, installation (including all civil,

structural, piping, electrical& instrumentation works) and hook up, commissioning, operation and maintenance of a suitable compressor system complete in all respect. The detailed scope of work shall include supply (mobilization), installation, operation, maintenance, dismantling & demobilization of BOG booster HP compressor at KLPL Dabhol LNG Facility on hiring basis.

The scope of work detailed herein shall be read in conjunction with P&IDs, enclosed with the bid package.

4.3 Site development including foundation of proposed compressor system and shed for the same. The shed size considered app. 36.0 meters length, 16.0 meters width, hight 6.0 meters at centre & 5.0 meter at sides which is supported with concrete foundation, steel structure columns & frames and G.S sheet roofing.

4.4 Cabin and other facilities required for Operation and Maintenance at a location designated by Owner.

4.5 Provision of protective covers for all equipments, electrical, instrumentation items as deemed necessary.

4.6 Supply, transportation, installation and hook up ( with existing facilities) of skid mounted Flame proof gas engine

driven compressor system complete as per specifications including but not limited to, suction knock out drum, auxiliaries, inter coolers, after coolers, separators, skid piping, inlet & discharge piping, valves, fittings, pressure vessels & associated instruments, instrumentation, cabling, control systems etc. and electrical items, electrical safeguarding systems, cabling, termination, earthling etc. Any other system required for making the compressor system complete in all respect for the purpose it is purported to be and hook up with the existing system of KLPL.

4.7 Bidders are advised to incorporate necessary facilities system required to prevent entry of free process liquid

(condensate, water etc), from discharge knock out drums of Booster Compressor package into the downstream section

4.8 Supply, transportation and Installation of all other process & Utility system as required.

4.9 All high pressure components such as pressure vessels, cylinders, tubes etc. should be periodically inspected and

tested and all pressure gauges, switches, relief valves, gas detectors etc. installed on the Compressor package should be periodically calibrated as per the norms laid down by the statutory authorities by the contractor at his own cost

4.10 Hook up of contractor’s compressor system to the following designated hook up points at a location provided by

Owner at the battery limit:

a) Designated hook up point for supply of Inlet gas b) Designated hook up point for compressed Outlet gas. c) Designated hook up point to flare Header. d) Designated hook up point for supply of service water e) Designated hook up point for supply of Instrument air.

4.11 ROTATING EQUIPMENT

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4.11.1 COMPRESSORS:

a) The offered compressor package including the driver(s) (i.e. gas engine) shall conform to ISO-13631 (formerly known as API-11P).

b) In case a brand new compressor package is NOT offered, the bidder must submit along with the un-priced bid,

certificate(s) / documentation including a manufacturer’s standard compressor data sheet or / data sheet as per ISO-13631, from the original equipment manufacturer (OEM) covering the aspects for adequacy of gas compressor with respect to compressor sizing, compressor performance, its mechanical soundness, driver sizing & suitability of the offered compressor for the specified operating conditions.

c) The contractor shall also furnish a certificate from a reputed third party inspection agency (BV / LRlS / DNV /

CEIL or any other TPI Agency defined in the commercial section of the tender document) for the soundness and conformance to applicable code prior to shipment, along with the un-priced bid.

d) Bidders are required to specify the type, make, model and capacity / rating of the equipment (i.e. compressor

& gas engine) in the un-priced bid.

e) The equipment supplier’s standard data sheets / data sheet as per ISO-13631 must be duly signed and stamped by the Gas Compressor Packager / Manufacturer as well as the bidder.

f) Air Exchangers shall be provided for gas suction cooler, gas intercooler, gas after cooler, lube oil cooler(s) for

compressor & gas engine and compressor jacket water cooling (as required by compressor design). The finned tube exchangers for all the streams shall be mounted in one compact cooler assembly with cooler fans being driven by separate electric motor.

g) It shall be vendor’s responsibility to supply & install air-cooled inter-coolers (including all piping and associated

auxiliaries between the compressor and the coolers) within the compressor skid.

h) In case water cooling is required for cylinders / cylinder packing / gas engine cylinder jackets, a closed circuit cooling water system can be provided by the Contractor. However, the closed circuit cooling water shall be cooled with an air cooled heat exchanger.

i) The compressor shall be driven by gas engine. Contractor should indicate the detailed requirement of electric

power for compressor package including electric motors for compressor auxiliaries such as lube oil pumps, air cooled heat exchangers etc. Contractor should make suitable arrangement for motive power for compressor start-up and for compressor auxiliaries such as lube oil pumps, air exchanges etc. Availability of power is as defined in electrical specifications enclosed with tender document.

j) Compressors package should be skid mounted and suitable for continuous operation on round the clock basis.

k) Depending on the site ambient conditions and variations in the generation of BOG (i.e. capacity, etc.), the

compressor package should have an appropriate capacity control system as specified in the process datasheet and shall ensure that outlet pressure is maintained at the discharge of the compressor. However, the compressor shall get unloaded during compressor start up, failure and during air failure, based on the recommendations of compressor package supplier / compressor manufacturer.

l) Since the compressor is operating / floating on the pipeline pressure which may vary, it is required to provide

the compressor performance variation (i.e. flow change with respect to change in discharge pressure up to 70 BAR, A (from rated discharge pressure of 90 BAR, A) in steps of 1 BAR, An each).

m) The material of construction of the compressor components & other auxiliary system shall be suitable for the

process gaseous with proven track record / references & shall conform to the requirements specified in the process package, enclosed with the tender document.

n) Pulsation suppressor connections shall be flanged and suction side suppressors shall be provided with drain

lines. Pulsation dampeners / volume bottles shall be classified as per pressure vessel and shall be designed, fabricated, inspected and tested as per ASME Sec VIII Div 1, and specifications. Threaded connections on pulsation suppression devices are not permitted.

o) It is preferred that the noise level from the reciprocating gas compressor package (Driver + Driven Equipment

+ Auxiliary) shall not exceed 88 dBA when measured at 1 m distance from the skid in any direction. Acoustic

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hoods shall not be used. Bidder to include suitable noise attenuating / limiting devices to limit the noise levels as specified above.

p) In case of any malfunctioning in the compressor installation, contractor shall carry

out a field survey to identify the cause of the problem and rectify the same.

q) Bidder shall furnish duly completed Annexure-I to attached at the end this section along with the bid with complete supporting documentation. Any incompleteness of detail, data or document, would render the bid liable for technical rejection.

4.11.2 GAS ENGINE:

a) The gas engine shall meet the requirements specified in ISO-13631. Fuel for the gas engine shall be the same process gas which is being compressed. Facilities for tapping the process gas for the purpose of fuel for gas engine shall be arranged within the gas compressor package skid.

b) As a minimum, the gas Engine shall comprise of the following:

Engine air intake system

Engine ignition system

Compressed air / gas start system for engine (suitable for black starting of gas engine) and associated facilities for compressed air start system

Engine cooling system (air cooled heat exchanger based)

Engine exhaust system

Gas conditioning

Gas pressure boosting facility (if required)

Any other associated mechanical, electrical and instrumentation items.

c) Exhaust emission from the gas engine shall meet the statutory norms on emissions. Approvals from statutory authorities shall be arranged by the contractor. Exhaust from gas engine shall be routed to atmosphere in such a way that the same is not being sucked into the engine air intake system. Residential or Hospital type exhaust silencer & exhaust stack (if required) shall be provided by the contractor for meeting the noise limits & safe disposal of engine exhaust, respectively.

4.11.3 ASSOCIATED ITEMS:

a) Associated electrical, instrumentation, inter-connecting piping, air cooled heat exchangers, separator(s) / knock-out drums / scrubbers shall meet the technical requirements specified in respective electrical, instrumentation, pipeline & static equipment section(s) of the tender document.

b) Items not covered above or in the tender document, shall meet supplier’s standard & field proven design requirements.

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ANNEXURE-I

BRIEF DETAILS FOR SKID MOUNTED RECIPROCATING COMPRESSOR PACKAGE

4.12 PIPING

a) Contractor shall visit and familiarize himself with the existing KLPL’s Dabhol LNG terminal and all associated

facilities. Contractor shall carryout all the survey, if any, required to complete detailed engineering for installation of BOG booster HP compressor.

b) Contractor shall collect all existing drawings, documents, specifications and any other data required for this Job from Owner for carrying out the detailed engineering. Most of the drawings are available in the site office. In the absence of any existing drawing, required sketches shall be prepared by the contractor after site measurements.

c) Contractor shall follow P&ID & datasheet, attached with bid. For detail engineering work, list of all applicable codes & standards shall be strictly followed.

d) Piping facilities shall be designed and engineered primarily in accordance with the provisions of following codes:

ASME B-31.3 : Process Piping

Discharge piping shall be designed with suitable damping devices to minimize vibrations.

e) All drains and vents required to be routed to flare header shall be joined together in separate sub header and joined to main header at 450 to vertical in the flow direction. A check valve shall be provided in horizontal portion of the sub header piping, before joining the main flare header.

f) Contractor shall carry out the dynamic and flexibility analysis of the suction and discharge piping systems. Contractor shall ensure that piping routing and supporting shall be such that no vibrations are produced in the proposed BOG booster HP compressor & attached piping. Existing and new piping system shall be properly supported so that no vibrations occur in the new as well as in-connected existing piping.

1.0 GENERAL BIDDER’s RESPONSE

1.1 Name & Address of the Bidder/Packager

1.2 Whether past track record of the bidder / packager is furnished?

Yes / No

1.3 Confirm that the compressor, driver (gas engine as applicable) & all accessories would be mounted on a common skid as fully self-contained package (at site, dowelling is permitted)

Yes / No

1.4 Confirm suitability for continuous operation in tropical ambient conditions

Yes / No

1.5 Confirm suitability of complete compressor package for the specified electrical area class

Yes / No

1.6 Confirm that complete package would conform to ISO-13631 standards (with deviations, if any)

Yes / No

1.7 Whether proposed compressor is brand new? Yes / No

1.8 If brand new compressor is not proposed, confirm

1.8.1 Month & Year of Manufacturing of original compressors

1.8.2 Serial Numbers of the offered compressors

1.8.3 Whether certificate(s) / documentation for sizing, performance, soundness, driver sizing & suitability of the offered compressor for the specified operating conditions are enclosed?

Yes / No

1.8.4 Delivered capacity (Kg/hr)

1.9 Whether proposed gas engine(s) are brand new Yes / No

1.10 If brand new gas engine(s) are not proposed confirm:

1.10.1 Month & year of manufacturing of gas engine(s)

1.10.2 Guaranteed capacity (kW)

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g) All other regular incidental / auxiliary / ancillary / accessory/ equipments like crane etc or any enabling work / materials not specifically mentioned in the specifications but necessary for the execution and completion of work shall be in the scope of the Contractor.

h) A minimum straight length of compressor suction pipe shall be provided as per manufacturer's recommendation.

i) 45mm Thick PUF cold insulation of suction line piping wherever required shall be in contractor scope.

4.13 ELECTRICAL

The electrical scope of work shall include but not limited to the following:

a) Supply, installation, testing and commissioning of BOG Booster Compressor motors and motors for all auxiliaries(including all other necessary electrical items) for the compressors at existing LNG Re-gas facilities

b) Supply, installation, testing and commissioning of Local control stations having start/stop push buttons, L/R selector switch, ammeter for motors rated above 5.5KW for each motor including supply of all accessories and material, as required

c) Supply, installation, testing and commissioning of new 415V, 400A, 3 Phase, 4 Wire, 50KA (1 Sec.) single front, fixed type (suitable for mounting against the wall)free standing, floor mounted type switchboard having single incomer for feeding the auxiliary loads of booster BOG compressor-if so required.

d) There are no cable trenches or cut outs in the sub-station i.e. new MCC shall be provided with top cable entry.

e) Supply, laying & termination and testing of power & control cable(s) of required sizes & cores shall be the responsibility of the Contractor.

f) All erection and installation material like cable glands, cable lugs, connectors, cable supports, nuts, bolts and other required hardware shall be supplied by the Contractor. Cabling work shall include cable laying, end terminations, clamping, tagging etc.

g) If required, Three Phase 415V±10% AC Power shall be made available through 63 Amp. SFU Module in the MCC at Substation for Area Illumination and other Auxiliary requirements. The Contractor’s scope of work encompasses the following:

Providing, laying & termination of LT cable of required sizes & core from designated MCC Panel to cater various loads of Lighting / Auxiliary.

Lighting of compressor unit, field cabin, store rooms etc. Providing area lighting which includes supply & installation of pole light as per area classification. Installation of Earth Pits / Earth Grid as per Standard Engineering Practices and IS: 3043. Earthing of the Motor / Distribution Panel and other Electrical Fittings / Fixtures, lighting poles including provision

of equipments/foundations. Equipment/body/foundation earthing should be done at two sides opposite to each other. Battery Bank as per requirement along with chargers. Providing rubber matters, wherever required Health monitoring, periodic/predictive/breakdown maintenance along with supply of requisite spares/consumables. Immediate replacement of Instrument Air Compressor Motor/other electrical item with a new one in case of

breakdown, in order to ensure uninterrupted operations. Availability of hot standby for critical equipments. Availability of spares along with skilled/experienced manpower. UPS supply, if required to be arranged by the party. Installation of adequate nos. of DC lights. This will keep the are illuminated during power failure.

h) The contractor shall ensure that all electrical equipments / apparatus / instruments /fittings provided & installed are suitable as per applicable National / International standards and statutory regulations with respect to Area Classification.

i) Supply & installation of complete earthing system for the new equipment including supply of materials. Grounding and bonding of all equipment is included in the scope of work.

j) Main earth grid of bare copper strip will be used below ground. Above ground green / yellow PVC insulated copper conductors shall be used. Earth rod of 20 mm diameter 3m copper clad steel rods shall be used. LV motors, cable trays, metallic equipment, enclosures etc. shall be connected to the main earth grid with 35mm2 PVC insulated copper conductors. Joint is not allowed in cable for grounding/earthing purpose.

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k) All equipments shall be grounded and bonded in accordance with the recommendations of IS:3043 /IEEE-142 “Recommended practice for grounding of Industrial & Commercial power system”.

l) AREA CLASSIFICATION AND EQUIPMENT REQUIREMENTS

i) Area Classification for Booster BOG Booster Compressor shall be done as per IS 5572 and Temperature Class-T3. However detailed area classification drawing shall be prepared by the contractor.

ii) The enclosure protection for various package equipments shall be minimum as follows:

a) MV Motors : Ex (n) b) Local control stations : Ex (d)

iii) All electrical equipment installed in hazardous areas shall meet the requirements of relevant IS/IEC standards. Equipment suitable for safe/non-hazardous areas application shall not be used in Zone-1 / Zone- 2 hazardous area.

iv) Electrical equipment having flameproof enclosure protection shall conform to IS-60079 (Part 1):2007/IEC-60079-1 (2007).

v) Electrical equipment having enclosure protection Ex (n) i.e. non-sparking type (without prestart ventilation)

shall conform to IS/IEC 60079-15 (2005).

vi) All electrical equipments for hazardous areas shall be certified by CMRI or equivalent international testing agency and shall be CCOE/PESO approved for the service and area in which it could be used.

4.14 INSTRUMENTATION

The proposed compressor system should have the following safety features as a minimum:

a) All Instrumentation required for smooth & safe operation of the compressor within Contractor Battery limits shall be in scope of the contractor.

b) The Compressor control shall be through Local Panel located at safe location near Compressor skid. Local panel enclosure/components shall be as per area classification requirements.

c) PSH & PSL on suction and discharge line for pre-alarm purpose and PSHH & PSLL for safe trip of compressor shall be provided.

d) Pressure safety valve on the discharge line and knock out drum of each stage.

e) A check valve (FSV) on the discharge line.

f) Devices to monitor and trip in case of excessive vibration, speed, amperage, low lube oil pressure, seal oil differential pressure, high bearing temperature and high discharge temperature etc. in line with manufacturers recommendations.

g) One HC gas detector at each compressor unit to be provided with local display.

h) High-level (LH) alarms & high-high level (LHH) trips shall be provided on the suction knock out drum.

i) Automatically operated blow down valve shall be provided on the discharge line.

j) The Compressor control Panels supply shall be 110 V AC.

k) UPS, 110V AC supply for compressor control panel shall be made available at defined Battery Limits.

l) Providing, laying and termination of cable of required size, no of cores and rating etc. for tapping this power supply and also for facilitating compressor’s running indication in Control Room shall be in the scope of the contractor.

m) The contractor shall ensure that all instrumentation equipments, instruments, apparatus, fittings, JBs etc provided / installed are suitable for the hazardous area classification as per applicable National / International standards and statutory regulations

n) PSVs as mentioned above at (d) and HC detectors mentioned above at (g), shall be calibrated before commissioning of the skid and copy of calibration certificates to be submitted to owner before commissioning

o) Additional instrumentation shall be provided as per manufacturer’s recommendations.

p) Potential free contract for each compressor running may be provided at a junction box near the hired BOG Compressor area. Contractor has to provide stand with JB and cabling from compressor to JB.

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4.15 PAINTING

Suitable painting and coating of steel structure and pipe-work and equipment shall be performed by the Contractor

wherever necessary.

4.16 INSTALLATION WORKS

a) Contractor shall obtain all necessary approvals and work permits from KLPL for performing the Work. Contractor shall be required to carry out all the works as mentioned in the work permit.

b) Contractor shall obtain hot work permits from Owner thereof to work within existing and operating terminals, including strictly complying with all stipulations/conditions/recommendations of the Company and providing all safety appliances, gas detectors, fire screens required during execution of the work as per the direction of Owner/Engineer-in-charge.

c) Thorough internal cleaning of all pipes to remove debris, shots, grit etc. to the satisfaction of Engineer-in-Charge.

d) All welding & NDT shall be carried out as per relevant code requirements. Piping welding shall be carried out by approved WPS/PQR and NDT by 100% X-ray & 100 % LPE/MPE of all butt weld joints. For all other joints 100 % LPE shall be carried out.

e) For carbon steel utility piping all welds shall be 100% LPE/MPE and 10% butt welds shall be radiographed.

f) WPS and PQR shall be developed by the Contractor and submitted for review and approval by Owner/Engineer in Charge.

g) Restoration of all dismantled and damaged facilities, fence, boundary wall & bund to the satisfaction of the Company.

h) Preparation of photographs, project records as per specification and instructions of the Company including furnishing of all Test Certificates/Inspection Reports for all materials used for Compressor Package installation.

i) Coordinating all activities with Company for movement of men and material from/ to existing and operating terminals shall be the responsibility of the Contractor.

j) Contractors’ manpower deployed shall conform to all safety norms, like wearing uniforms, helmets and PPE etc.

4.17 MATERIALS TO BE SUPPLIED BY CONTRACTOR

All materials, including consumables, piping components, equipments required for installation, commissioning and operation of BOG Booster HP Compressor & associated piping systems shall be procured and supplied by the Contractor.

a) All materials, manpower, spares, tools & tackles and consumables for carrying out pre-commissioning activities and during commissioning (including compressor, nitrogen required for achieving the specified criteria for piping inertization prior to declaring piping fit for commissioning) necessary piping and instrumentation connection for measuring flow rate, pressure, temperature etc., temporary facilities for blow down/ venting/ flaring along with necessary piping, valves & instrumentation as well as consumables and manpower required during pre-commissioning, commissioning and operation.

b) All spares for pre-commissioning and commissioning as required for all items supplied by Contractor for the entire piping system.

c) Any other material not specifically listed herein, but required for successful completion of the Work.

4.18 MATERIALS TO BE SUPPLIED BY OWNER

The following material/work shall be in Owner’ scope during entire period of the contract: a) Land/space for installation of compressor package including panels and controls. b) All process & utility lines for Hook up lines at Contractor’s Battery limit during installation. c) Process Gas & utilities including power (415V +/- 10 % AC, 110 V AC UPS power) & fuel gas (for gas

engine) during operation of BOG Booster Compressors as a free issue. d) Fire Fighting facilities.

4.19 PRE-COMMISSIONING AND COMMISSIONING

a) Contractor shall be responsible for pre-commissioning & commissioning of the compressor system, including supply of manpower, materials, equipment including nitrogen along with necessary piping and instrumentation connections for monitoring flow rate, pressure, temperature etc. temporary venting along with necessary piping, valves and instrumentation as well as consumables.

b) All process lines and utility lines shall be hydro-tested at a pressure 1.5 times the design pressure of existing lines in which these are hooked up.

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c) Contractor shall perform leak detection and hydro testing of piping, considering all the requirements of ASME B31.3. Such method of leak detection shall consume minimum possible time to complete the hydro test activity. All process lines shall be completely dried using N2 after completion of hydro-test. All other lines shall be dried by using dry air after hydro-test.

d) All works for locating and repair of minor/major leak/burst (occurred during testing) including necessary repairing/replacing/ cutting and removing out defective pipe length/weld joints as defined in the specification shall be carried out by the contractor.

e) Contractor shall carry out repair of defective weld joints including cutting and welding, NDT of the welds, coating/insulation of the weld joints, clean up, retesting of piping including providing all pipe spools, blinds, equipments, manpower & consumables etc. All such activities shall be completed by contractor within contractual time schedule and without any extra cost to Owner.

f) Successful commissioning of the compressor system in totality after demonstration of trouble free continuous 72 hrs performance test run.

g) Bidder shall guarantee the total capacity of the compressor package (12000 Kg/Hr) with the given gas composition. The same shall be used to establish the capacity during performance test for four hours continuous operation.

h) The capacity for this performance test run will be measured through an orifice meter to be provided by Contractor at a suitable downstream location of the designated hook up point for compressed outlet gas.

i) For the purpose of acceptance of the offered compressor during performance test run, a tolerance limit of (-5) % to the specified capacity shall be allowed.

5 DOCUMENTS TO BE SUBMITTED AT THE TIME OF BIDDING

Technical documents only which have been specifically asked in Bid package as mentioned in clause 8 are required to be submitted at the time of bidding. Bidder is advised to comply with all the requirements of bid document without any deviations. Owner reserves the right to reject any bid with deviations without making any reference to the bidder.

Bidder shall furnish, along with the bid, organization chart for design and construction activities.

6 CONTRACTOR’S RESPONSIBILITIES

Contractor’s responsibilities, besides the scope of work to be performed defined earlier, shall also include the following:

i) Develop and submit Engineering Drawings, Fabrication drawings, QA/QC procedures, etc for complete piping system for review and approval of Owner. Contractor shall submit three sets of documents, drawings, procedures for Owner’s review and approval. All works shall be executed strictly based on approved drawings/documents/procedures only.

ii) Review and approval of Contractor’s work(s) by Company shall in no way relieve the Contractor of his sole responsibility for safe installation and operation of BOG Booster Compressor along with piping system.

iii) Furnishing and mobilizing at site(s) all construction equipment, manpower, tools and tackles, fully equipped and fully manned with other required support facilities etc.

iv) Pre-commissioning & commissioning of HP Booster Compressor package with the associated piping system.

v) Preparing and submitting calculation books, fabrication and construction drawings, inspection and testing reports, as-built records for all phases of work.

vi) The Contractor is cautioned to exercise extreme care and take necessary precautions to prevent damage to the existing piping(s), facilities, electrical and other cables during execution of the entire works. Restoration/reconstruction of all structures/ facilities affected during installation and operation shall be carried out by Contractor at no additional cost to Owner.

vii) Contractor shall carry out all testing and inspection of materials, equipment etc. in independent testing institutions, laboratories, if so desired by Owner.

viii) Disposal of surplus materials etc. as per local authority’s/KLPL’s requirements.

ix) Any other work not specifically listed but required for successful completion of entire piping system.

7 DOCUMENTATION

The following table gives the requirement of documentation for review / information / record of Owner. It shall be the Contractor’s responsibility to ensure compliance with the basic document and relevant codes. The review / approval by Owner does not absolve the contractor of his responsibility under this contract and any error noticed at any stage shall

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be corrected by the Contractor without any time & cost implication. Any comment given by COMPANY on review/information category document shall be incorporated by Contractor without any time and cost implication. The document category can be changed from I to R & vice-versa at any stage by Owner & Contractor shall incorporate comments on such documents also without any time and cost implication.

S N.

DOCUMENT With Bid

Review (R )

Records (I )

1 Supplier Standard or ISO-13631 Datasheet covering gas compressor, its driver & associated auxiliaries.

√ √

2 General reference list of reciprocating compressor

√

3 General reference list of contractor using the proposed reciprocating compressor package operating under similar conditions

√

4 Exception / deviation list (if any) √ √

5 Equipment Layout √

6 General Arrangement Drawings √

7 Tie in point details/table of termination points (Mechanical/Electrical/Instrumentation)

√

8 P&IDs/Schematic diagrams √

9 Foundation drawing √

10 Vendor data books √

11 Material testing and Inspection Reports √

12 WPS √

13 PQR √

14 NDT Procedure √

15 Fabrication Drawings √

16 QA/QC Procedures √

LEGEND: R : Review I : Information

Documents under “Review/Records” must be submitted just after placement of order and before dispatch of the compressor package to site.

8 DOCUMENT PRECEDENCE

In case of conflict between the requirements given in this document and the requirements of other specifications enclosed with the tender document, the requirements specified in this document shall govern.

Should there be conflict, discrepancy, inconsistency or dispute between the various documents, they shall be referred in order of priority as given below:

i) Scope of Work ii) P & ID & Job drawings iii) Job specifications iv) Data sheets v) Other Specifications

9 HEALTH SAFETY AND ENVIRONMENT

The Contract shall follow the HSE Policy of Owner during entire duration of the project.

**********************

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Compressor Process DATA Sheet PAGE 1 OF 3

PROJECT : KLPL LNG TERMINAL. UNIT : LNG REGASIFICATION

SERVICE : BOG BOOSTER HP COMPRESSOR

TYPE : RECIPROCATING

NO.OF COMPRESSOR PACKAGES REQUIRED REGULAR USE : 01

LUBRICATING OR NON-LUBRICATING : MIN.LUBRICATING TYPE

TYPE OF DRIVER : GAS ENGINE

NO OF STAGES : TO BE DECIDED BY THE VENDOR

NO OF COMPRESSOR UNITS : TWO TO THREE

PROPERTIES OF GAS (COMPOSITION AT SUCTION)

COMPOSITION MOLE WT MINIMUM MAXIMUM

METHANE 16 98.00 99.90

ETHANE 30 0.01 0.10

PROPANE 44 0.01 0.05

BUTANE 58 0.01 0.03

PENTANE 72 0.00 0.00

NITROGEN 28 0.07 1.82

AVERAGE MOL WT 16.5

INLET TEMPERATURE DEG C 25 (NOTE-10,11)

FLOW RATE

TOTAL PACKAGE KG/HR 12000 (MAX) ( Note-1)

CORROSSIVE / EROSIVE ELEMENTS NONE

PARTICLE SIZE OF EROSIVES (IF ANY) NONE

RATING

SUCTION 300#

DISCARGE 900#

IS DESIGN FOR NACE CODE IS REQUIRED YES NO

GROSS HEATING VALUE KCAL/NM3 9800-11,000

SUCTION PRESSURE BARA 8

DISCHARGE PRESSURE BARA 90

DISCHARGE TEMPERATURE DEG C BY VENDOR

COMPRESSION RATIO BY VENDOR

AFTER COOLER BY VENDOR YES (NOTE-2)

MAX DISCH TEMP AFTER COOLER EXIT DEG C AMBIENT

CONDENSATE FROM INTER STAGES

INLET COOLER REQUIRED YES , VENDOR TO DECIDE

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Compressor Process DATA Sheet PAGE 2

OF 3 PROJECT : KLPL LNG TERMINAL UNIT : LNG REGASIFICATION

SERVICE : BOG BOOSTER HP COMPRESSOR

CAPACITY CONTROL MODE : MANUAL / AUTOMATIC AUTOMATIC

MECHANICAL DATA:

UPSTREAM DESIGN PRESSURE BARG 18.9

UPSTREAM DESIGN TEMPERATURE DEG C (-)29/120

DOWN STREAM DESIGN PRESSURE BARG 125

DOWN STREAM DESIGN TEMPERATURE DEG C (-)28/65

UTILITIES AVAILABLE MINIMUM NORMAL MAXIMUM MECH DESIGN

COOLING MEDIUM AMBIENT AIR (NOTE-9)

INTRUMENT AIR

TEMPERATURE DEC AMBIENT 65

PRESSURE BAR G 4.0 8.0 11.0

SERVICE WATER

TEMPERATURE DEC AMBIENT

PRESSURE BAR G 2 TO 10

NOTES: 1. THE COMPRESSOR MAY HAVE TO BE RUN CONTINUOUSLY ON REDUCED / FULL LOAD

FOR LONG DURATION (SEVERAL DAYS). ONE GAS ENGINE WITH ASSOCIATED COMPRESSOR IS TO BE REFERRED AS ONE COMPRESSOR UNIT.TOTAL NO OF COMPRESSOR UNITS REQUIRED TO MEET THE TOTAL DESIRED DISCHARGE CAPACITY IS TO BE REFERRED AS THE COMPRESSOR PACKAGE.

2. COMPRESSOR DOWN STREAM PIPING TEMPERATURE SHALL BE LIMITED AS PER GIVEN CONDITIONS. VENDOR TO PROVIDE SUITABLE COOLING ARRANGEMENT. DUE TO NON AVAILABILITY OF COOLING WATER , AMBIENT AIR SHALL BE USED AS COOLING MEDIUM. ALL AIR COOLED INLET/INTERMEDIATE/AFTER/LUBE OIL COOLER ETC SHALL BE PROVIDED BY VENDOR

3. SAFETY VALVES AT INTER STAGE AND DISCHARGE OF COMPRESSOR SHOULD BE VENTED TO SAFE LOCATION

4. VENDOR TO SUGGEST INSTRUMENTATION REQUIREMENT FOR SAFE SMOOTH OPERATION OF COMPRESSOR. ALL THOSE INSTRUMENTS WILL BE SUPPLIED BY THE VENDOR.

5. VENDOR TO PROVIDE ADEQUATE VENTING ARRANGEMENT TO FLARE SYSTEM FOR PURGING THE STAGNANT WARM GASES BEFORE THE START UP.

6. PULSATION DAMPER AND TEMPORARY SUCTION STRAINER TO BE IN VENDOR SCOPE OF SUPPLY.

7. NITROGEN MAY BE USED FOR DISTANCE PIECE PURGING. ALL INSTRUMENTS FOR THE SAME SHALL BE VENDOR’S SCOPE OF SUPPLY.

8. BOOSTER COMPRESSOR IS REQUIRED TO IN SERIES WITH THE EXISTING BOG COMPRESSOR (CENTRIFUGAL). TEMPERATURE, PRESSURE AT BOOSTER COMPRESSOR SUCTION IS BASED ON UP STREAM BOG COMPRESSOR DISCHARGE CONDITIONS. SUCTION PULSATION DAMPER B/W EXISTING AND NEW COMPRESSOR SHALL BE

192

PROVIDED TO AVOID PRESSURE FLUCTUATION AND FOR BETTER CONTROL OF BOTH MACHINES. SAME SHALL BE SUPPLIED BY THE VENDOR.

9. FUEL CONDITION SKID IF REQUIRED TO BE PROVIDED BY THE VENDOR. 10. AMBIENT AIR DATA , DRY BULB TEMPEARTURE (MIN/MAX) : 10.0/38.9 DEG C

AVE. AMBIENT TEMPEARTURE : 27.4 DEG C

AVE RELATIVE HUMIDITY : 60%

11. SUCTION COOLER HEATER SHALL BE SIZED BASED ON DISCHARGE TEMPERATURE OF EXISTING BOG COMPRESSOR. INLET TEMPERATURE TO THE SUCTION COOLER /HEATER WILL BE MIN (-)12 DEG C AND MAX 110 DEG C.

12. VENDOR SHALL ENSURE THE SUITABILITY OF THE MATERIAL OF CONSTRUCTION FOR THE BOG COMPRESSOR FOR THE ENTIRE RANGE OF SUCTION TEMPERATURE. (I.E. -12 DEG C TO 110 DEG C) & CORRESPONDING DISCHARGE TEMPERATURE(S).

193

Annexure-6

Drawings

198

ANNEXURE-9 TO SCC

LIST OF MINIMUM EQUIPMENT TO BE DEPLOYED BY THE BIDDER

Equipment Description

Reciprocating, Lubricating Type, Gas Engine driven Compressor discharge with all Equipment & Accessories with a total discharge Capacity of 3,75,000 SCMD

1. Bidders who intend to qualify shall meet the requirement for equipment specified.

2. Bidder shall submit documentary evidence for the above equipment. The

documentary evidence shall be MOU from the hiring/ leasing agency of the

equipment .Bidder shall be responsible for timely delivery of the equipment at the

site at stipulated time.

In case, the above-mentioned equipment is owned by the bidder then the proof of ownership to be submitted will be as stated in Formats F-23 & F-24.

3. Bidder is required to mobilize the above minimum critical equipments in good

working condition and suitable for piping & associated work.

4. Bidder shall replace any defective / damaged equipments promptly to complete the

work without any time & cost implication to the client /owner.

5. After completion of certain activities, in case equipments are not required the same

can be demobilized with prior approval of Engineer-In-Charge.

199

Annexure-10 EQUIPMENT HIRING/RECOVERY RATES

SL NO

DESCRIPTION OF EQUIPMENT

HIRING/RECOVERY

RATE (IN INR)

RATE/DAY

1. Grinding machine Rs. 200.00

2. Gas cutting set with cylinders Rs. 350.00

3. DG Welding Machines(SMAW) Rs. 1140.00

4. D.G. Sets : 62.5 KVA to 200 KVA (inclusive of generators) Rs. 3000.00

5. X-Ray M/C – External Rs. 1800.00

6. Manual UT Machine with 2 operators Rs. 500.00

7. Hydra (8 – 10 MT) Rs. 3500.00

8. Air Compressor – (300CFM) Rs. 2000.00

9. Complete hydro testing pump along with pressure guage Rs. 3000.00

10. Tripod with 5 Tons Chain Pulley Block Rs. 300.00

NOTES:- In case of foreign bidder, conversion rate applicable on one day prior to price bid opening date published by the State Bank of India will be considered. Rates are inclusive of operators / drivers and POL. Rates are inclusive of contractor’s overheads & profit. The recovery rates shall be the rates provided above plus 20% (twenty percent). SIGNATURE OF THE BIDDER: NAME OF THE BIDDER:

200

SECTION-VII

SCHEDULE OF RATES(SOR)

(SHORT DESCRIPTION)

THE PRICES QUOTED BY THE BIDDER SHALL BE BASED ON SCHEDULE OF RATES PROVIDED IN THE BIDDING

DOCUMENT.

201

PRICE SCHEDULE (Hiring of BOG Compressor Services)

SN

Description Unit QTY

Unit Rate Currency-------

Total Amount

HSN Code

In Fig. In Words

1

Providing services of BOG Compressor System on hiring basis, which shall include the following but not limited to :

Mobilization, deployment, Construction, Installation, testing & Commissioning and Hook-up with existing system of the compressor package as per the Scope of Work, description, design and commercial conditions stipulated in the Bidding document and as directed by the Engineers In Charge .

Lump Sum

01

2

Fixed Rental per Month for :

Operation and Maintenance of the system through adequately experienced and skilled manpower including supply of consumables, lubricants, spares, replacement/rectification of defective parts etc. as safe operation practice and standards as detailed out in the tender specifications and as directed by the Engineers In Charge.

Nos 12

3

Running Hour Rent :

Rent Per Hour during actual operation of Compressor as certified by owner. For evaluation purpose 4000 running hours shall be considered

Nos 4000

4

Demobilization including removal of all equipments/materials of the BOG Compressor System and handing over the system back in condition as received during start of the contract from the Owner.

Lump Sum

01

Grand Total :

Notes to SOR

1. Bidder shall indicate the specific fuel consumption kg/hr/BHP.......... and the fuel consumption (above defined compressor capacity) in.......... SCMH as guaranteed value.

2. Rate of applicable GST shall be mentioned at Designated place in Form F-10 /F-10A

3. Mobilisation (Item no. 1) and demobilisation (item no. 4) charges shall include hire charges of the equipment and also the cost incurred for personnel during journey to site and till the time of its demobilisation after completion of scope defined in the bidding document and shall not exceed 10% (Ten Percent) of the Total Cost ( Item No. 5.0 ). In case any bidder quotes more than above specified limits, then in such an eventuality excess amount (over and above specified limit) shall be paid to the Contractor in the final bill.