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TENDER FOR SUPPLY OF MDPE PIPES (ARC) P.012213 Sabrmati Gas-Serv.of Proc Asst-MDPE pipe SGL TENDER DOCUMENT NO.: P.012213 R10750 001 GANDHINAGAR | INDIA SABARMATI GAS LIMITED PUBLIC 16 February 2018 Tender VOLUME I OF II, REV. NO.: 0

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Page 1: TENDER FOR SUPPLY OF MDPE PIPES (ARC)tender.tractebelindia.com/Sabarmati Gas/P.012213 PE... · 2018-02-17 · Description INTRODUCTION MATERIAL REQUISITION (MR) Tender For Supply

TENDER FOR SUPPLY

OF MDPE PIPES (ARC) P.012213 Sabrmati Gas-Serv.of Proc Asst-MDPE pipe SGL

TENDER DOCUMENT NO.: P.012213 R10750 001

GANDHINAGAR | INDIA

SABARMATI GAS LIMITED

PUBLIC

16 February 2018

Tender

VOLUME I OF II, REV. NO.: 0

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S.No. Document / Drawing No. Rev. No. Pages

IA VOLUME I OF II

1 P.012213 R11050 001 1 2 2 - 3

2 SECTION I P.012213 R11064 001 1 10 4 - 13

3 SECTION II P.012213 R11064 002 1 20 14 - 33

4 SECTION III P.012213 R11065 001 1 20 34 - 53

5 SECTION IV P.012213 R11066 001 1 8 54 - 61

6 SECTION V P.012213 R11068 001 1 26 62 - 87

7 P.012213 R11069 001 1 2 88 - 89

II VOLUME II OF II

1P.012213 G00050 001

0 2 2 - 3

2 P.012213 R11071 001 0 6 4 - 9

3 PTSP.012213 M11097 001

0 10 10 - 19

4 QCT P.012213 M11098 001 0 2 20 - 21

SCHEDULE OF RATES

Page No.

INVITATION FOR BID ( IFB )

INSTRUCTIONS TO BIDDERS ( ITB )

GENERAL CONDITION OF CONTRACTS ( GCC )

SPECIAL CONDITION OF CONTRACT ( SCC )

FORMS AND FORMATS

COMMERCIAL TENDER WITH INDEX

MDPE PIPES

MDPE PIPES

P.012213

R11050

001

MAIN TABLE OF CONTENTS

TENDER FOR SUPPLY OF MDPE PIPES (ARC)

OF SGL

COMMERCIAL

TECHNICAL

Description

INTRODUCTION

MATERIAL REQUISITION (MR)

Tender For Supply Of MDPE Pipes (ARC) Page 1 of 1

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COMMERCIAL TENDER P.012213

R11050

001

Rev.1 :

16.02.2018

Tender For Supply Of MDPE Pipes (ARC) Page 1 of 2

SABARMATI GAS LIMITED (SGL)

TENDER FOR SUPPLY OF MDPE PIPES (ARC)

TENDER DOCUMENT NO. P.012213 R10750 001

1 16.02.2018 Issued for RFP BP AS PP

0 14.02.2018 Draft issued for comment BP AS PP

Rev Date Subject of Revision Prepared By Checked By Approved By

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COMMERCIAL TENDER P.012213

R11050

001

Rev.1 :

16.02.2018

Tender For Supply Of MDPE Pipes (ARC) Page 2 of 2

Table of Contents

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

2. Section-II : Instructions to Bidders (ITB)

3. Section-III : General Conditions of Contract (GCC – Goods)

4. Section-IV : Special Conditions of Contract (SCC)

5. Section-V : Forms and Formats

6. Section – VI : Schedule of Rates

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INVITATION FOR BIDS P.012213

R11064

001

Rev.- 1 :16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 1 of 10

SABARMATI GAS LIMITED (SGL)

TENDER FOR SUPPLY OF MDPE PIPES (ARC)

SECTION-I

INVITATION FOR BIDS (IFB)

1 16.02.2018 Issued for RFP BP AS PP

0 14.02.2018 Draft issued for comment BP AS PP

Rev Date Subject of Revision Prepared By Checked By Approved By

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INVITATION FOR BIDS P.012213

R11064

001

Rev.- 1 :16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 2 of 10

TABLE OF CONTENTS

SECTION-I INVITATION FOR BIDS (IFB).............................................................................. 1

1.0 INTRODUCTION ................................................................................................................ 3

2.0 GENERAL.............................................................................................................................. 3

3.0 DEFINITIONS ..................................................................................................................... 4

4.0 BRIEF DESCRIPTION OF PROJECT ............................................................................ 5

5.0 BRIEF SCOPE OF WORK ................................................................................................. 5

6.0 DURATION OF CONTRACT ............................................................................................ 5

7.0 DELIVERY TERMS ............................................................................................................. 6

8.0 BID EVALUATION CRITERIA ........................................................................................ 7

9.0 BID VALIDITY .................................................................................................................... 8

10.0 DETAILS OF BID DOCUMENTS ..................................................................................... 8

11.0 BIDDING PROCESS .......................................................................................................... 9

12.0 DOWNLOADING OF TENDER DOCUMENT ................................................................ 9

13.0 BID SECURITY.................................................................................................................. 10

14.0 PRE-BID MEETING ......................................................................................................... 10

15.0 ZERO DEVIATION BIDS ................................................................................................ 10

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INVITATION FOR BIDS P.012213

R11064

001

Rev.- 1 :16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 3 of 10

OPENED DOMESTICCOMPETITIVE BIDDING INVITATION FOR BIDS

FOR

SUPPLY OF MDPE PIPES

1.0 INTRODUCTION

1.1 Sabarmati Gas Limited is promoted by BPCL & GSPC for developing City Gas Distribution

Network in the 4 districts of North Gujarat i.e. Gandhinagar, Mehsana, Sabarkantha &Patan in the

state of Gujart.

1.2 Sabarmati Gas Limited (SGL) (hereinafter referred as Owner), is a system driven, procedure

oriented, customer centric organization progressively enhancing volume of business, sales turnover,

profits and market share year after year.

1.3 SGL predominately serves 4 segments in its whole spectrum of retailing of Natural Gas. These four

segments are Domestic, Industrial and Commercial/Non Commercial customers through PNG and

automobiles through its CNG outlets through its CGD and CNG networks

1.4 Tractebel Engineering pvt. ltd. (TE), a subsidiary of Tractebel Engineering S.A. has been appointed

as Consultant (hereinafter referred as Consultant), by SGL for providing consultancy service for

procurement of PE 100 MDPE Pipes for aforementioned project.

2.0 GENERAL

2.1 Owner invites you to submit your bid in complete accordance with Bid Documents.The bidder(s) is

expected to examine all instruction, forms, terms and specification in the bidding document.

2.2 Bidder shall furnish necessary documentary evidence to establish his ability in meeting the

requirements of the bid documents. In the absence of requisite documents, SGL reserves the right to

reject the bid.

2.3 Owner reserves the right to increase or decrease the scope of work of bidders before or after award

of work.

2.4 This Invitation for Bids (IFB) is an integral and inseparable part of the enclosed bid document. Bid

document is non-transferable.

2.5 Bids complete in all respects should reach Owner on or before the Bid Due and Time.

2.6 The bid received after bid due time/date shall be rejected.

2.7 Bid document is non-transferable. Bids received from those bidders who have been downloaded

web hosting of tender document will be considered

2.8 Bids complete in all respects should reach on or before the bid due time/date

2.9 Bids sent through Fax/ E-mail/ disc/ pen drive etc. shall not be accepted

2.10 The Bid documents calls for offers on single point “Sole Bidder” responsibility basis.

2.11 Order will be placed on the “sole Bidder” alone (in whose name the bid document has been issued)

who will be responsible for all contractual purposes.

2.12 Further the bidders are advised to ensure that their offer is on single bidder responsibility basis and

in total compliance to scope of work/supply of items and other specifications, term and conditions

as specified in Bid Document.

2.13 The bid should be prepared by the “Sole Bidder” and should be sent to SGL. SGL reserves the right

to reject offers made by intermediaries / representatives.

2.14 Duly filled in Agreed Terms and Conditions must be submitted along with Technical Bid. Bidder’s authorized signatory should sign and stamp on each page and the duly signed and stamped Bid

Document should be submitted in ORIGINAL.

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2.15 Owner will not be responsible for cost incurred in preparation and delivery of bids, regardless of

the conduct or outcome of the bidding process.

2.16 No Technical/Commercial queries shall be accepted after pre bid meeting.

2.17 Bidder should not be under liquidation, court receivership or similar proceedings.

2.18 Bidders shall not be under a declaration of ineligibility by Purchaser for corrupt of fraudulent

practices

2.19 No extension in the bid due date/ time shall be considered on the account of delay in receipt of any

document

2.20 Bidder shall submit the declaration that it has not been convicted by any court of law in last 5 years

reckoned from bid due date

2.21 Bidder shall submit the declaration that it is not banned / put on holiday / put on hold by any

Government / PSU or CGD firm.

2.22 Bidder to ensure compliance of all provisions of the Bidding Document and submit their bid

accordingly.

2.23 This is a ZERO Deviation Bidding Document. Bids with any deviation to the bid conditions shall

be liable for rejection.

2.24 Bidder must submit original tender document duly signed as a token of their acceptance of terms

and conditions of the tender.

2.25 Owner reserves the right to allocate work against part or full scope against single or multiple

Bidders.

2.26 Owner reserves the right to accept or reject any or all the bids received at its discretion without

assigning any reason whatsoever.

2.27 Owner reserves the right to allow Price preference and / or Purchase preference to Central Public

Sector Undertakings as admissible under the prevailing Government of India policy.

2.28 SGL decision shall be final in all respect & binding on the bidder.

2.29 Contact details of owner is given below :

In Name / Department of

Pala Varu

Dy. Manager

Sabarmati Gas Limited,

Plot no – 907, Sector - 21,

Gandhinagar -382021

Gujarat, INDIA.

Telephone: +91 (079)667376000 Email: [email protected]

3.0 DEFINITIONS

3.1 “Owner / Purchaser" shall mean M/s. Sabarmati Gas Limited (for short ‘SGL”) having its corporate

office at Plot No – 907, Sector - 21, Gandhinagar -382021, Gujarat (India). Or their successor or

assigns.

3.2 "Contract” mean collectively the tender documents, corrigendum, addendums, LOI,

P.O./Agreement, all correspondence related to work prior to award of job, designs, drawings,

specifications, agreed variation, if any, and such other document constituting the tender and

acceptance thereof.

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INVITATION FOR BIDS P.012213

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001

Rev.- 1 :16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 5 of 10

3.3 “The Contractor/bidder” means the person or the persons, firm or company whose tender has been

accepted by the owner and includes the contractor’s legal representative, his successors and

permitted assigns.

4.0 BRIEF DESCRIPTION OF PROJECT

4.1 SGL intends to extend its CGD and CNG network in Gandhinagar, Mehsana, Sabarkantha and

Aravali GA in Gujarat to supply Natural gas to Domestic, Commercial consumers through MDPE

network and to new CNG stations through Steel pipeline network by setting up new facilities.

4.2 SGL/TEinvites bids through single stage two envelopes system from eligible bidders for Supply of

MDPE Pipesin the State of Gujarat meeting the tender requirement as detailed herein.

5.0 BRIEF SCOPE OF WORK

5.1 The Scope includes Manufacture, Supply, Inspection, Transportation including up to FOT Site,

Loading and Unloading of following MDPE PIPES meeting other technical requirements as

specified in bid document including preparation and submission of documents (as per MR), getting

approvals from Purchaser/ Consultant, Procurement of raw materials, Manufacturing, Testing &

Inspection , Packing & Forwarding, Transportation & Unloading at Purchaser’s store with in

Mehsana, Sabarkantha, Gandhinagar and Patan as per the tender terms & conditions :

Item Sl.

no. MR Description

Total Qty.

(in Mtrs)

Manufacture, Inspection, Testing , Supply , Transportation & Unloading of

1.0 32 mm x PE 100 x SDR 11 5,94,000.00

2.0 63 mm x PE 100 x SDR 11 4,47,000.00

3.0 90 mm x PE 100 x SDR 17.6 3,30,000.00

4.0 125 mm x PE 100 x SDR 17.6 1,70,000.00

5.0 125 mm x PE 100 x SDR 17.6 _ In 50 Mtrs. Coil 7,000.00

Notes:

1. Bidder has to submit the offer for full quantities against the item offer, failing which

bidder’s offer shall not be considered for evaluation.

2. The quantities mentioned above are indicative and are for evaluation purpose only.

SGL reserves the right to change the quantity of any or all items before issue of order.

3. Evaluation and ordering will be carried out on SOR line item basis i.e. 32, 63, 90&125

MDPE pipes separately.

4. For detailed technical specifications, technical volume II of II to be referred.

5. For complete scope of work, all volumes of tender document are to be read.

6.0 DURATION OF CONTRACT

6.1 The duration of contract shall be one (01) year from the date of issuance of Letter of Acceptance

(LOA). The entire supply shall be completed as per instruction of the Purchaser.

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INVITATION FOR BIDS P.012213

R11064

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Rev.- 1 :16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 6 of 10

7.0 DELIVERY TERMS

7.1 Separate Callout order / Intimation shall be issued against each lot for supply of MDPE Pipes. 1st

lot of MDPE pipes shall be delivered within 4 weeks form callout order/ intimation and subsequent

lots shall be delivered within 8 weeks from each callout order / intimation.

7.2 The Delivery Stores / Destination basis will be FOT – SGL store as mentioned below location in

state of Gujarat.

Mehsana

Sabarkantha

Gandhinagar

Patan

7.3 The Delivery basis will be FOT –SGL’s store / destination in state of Gujarat including unloading

at SGL’s Store / destination and the date of delivery and acceptance of pipes at SGL’s Store /

destination shall be considered as delivery date for applicability of the Price Reduction schedule as

per provision of bid.

7.4 The delivery period shall be reckoned from the date of letter of separate intimation / call out order

issued by SGL.

7.5 The delivery schedule for supply of MDPE pipes shall be as given below

Item Sl.

no. MR Description

Total Qty.

(in Mtrs)

Approximate Quantity of in lots

(Mtrs.)

Lot -1

within 4

weeks

Lot-2

within 8

weeks

Lot-3

within 8

weeks

Lot-4

within 8

weeks

Manufacture, Inspection, Testing , Supply , Transportation

& Unloading of following MDPE Pipes

1.0 32 mm x PE 100 x SDR 11 5,94,000.00 10 % 25 % 40 % 25 %

2.0 63 mm x PE 100 x SDR 11 4,47,000.00 10 % 25 % 40 % 25 %

3.0 90 mm x PE 100 x SDR 17.6 3,30,000.00 10 % 25 % 40 % 25 %

4.0 125 mm x PE 100 x SDR 17.6 1,70,000.00 10 % 25 % 40 % 25 %

5.0 125 mm x PE 100 x SDR 17.6 (50 M-Coil) 7,000.00 10 % 25 % 40 % 25 %

The quantities indicated above for subsequent lots are tentative and SGL reserve the right to

revise the same during execution stage. Intimation for delivery of subsequent lots may be

issued on item wise also. Bidder has to supply accordingly.

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001

Rev.- 1 :16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 7 of 10

8.0 BID EVALUATION CRITERIA

8.1 TECHNICAL

Sr.No Criteria Supporting Documents

1 Bidders shall have BIS License of IS 14885 or ISO :4437(

in line T4S) tp PNGRB Authorised CGD Company for 32

mm & above size)

Copy of BIS License of IS 14885 or

ISO : 4437 needs to be submitted

2 Bidder should have supplied 100Km of PE 80/100 Pipes

in last one year.

Copy of WO along with work

completion certificate to be

attached for the same.

3

The bidder must have successfully executed a single order

for supply of minimum quantity of 10% of each SOR line

item PE Pipes (PE80/100) from proposed manufacturing

plant to any PNGRB authorised company for use in

natural gas transportation in last Three (3) years reckoned

from bid submission date. (Note : A)

Copy of WO along with work

completion certificate to be

attached for the same..

4 Bidder shall provide acceptance of technical

specification/data sheet as provided in tender document

Bidder shall submit sign and

stamped copy of technical

specification and also submit

undertaking on letter head for No

Deviation from technical

specification and data sheet.

5 Bidder shall provideunder taking stating the Bidder is not

blacklisted /put on holiday by any City Gas Distribution

companies.

Bidder shall submit undertaking on

letter head for stating the Bidder is

not blacklisted /Put on holiday by

any City Gas Distribution

companies (CGD) companies.

Note – A:If bidder quotes for more than one SOR items, in that case if bidder establishes the

supply of MDPE pipes (PE 80/100) for higher size in cumulative then the bidder qualifies for

lower size of SOR items. (e.g if bidder establishes the supply of 125 mm PE 80 / 100 of 10% of

total SOR quantities (sum of all SOR line items), then bidders will be considered as qualified

bidder for all SOR items)

8.2 FINANCIAL

8.2.1 Turnover

The minimum annual turnover achieved by the bidder as per their audited financial results during

any one of the three preceding financial years i.e. 2014-15, 2015-16and 2016-17 shall be Rs.

12,50,00,000.00 (Rupees Twelve Crore Fifty lakh only)

8.2.2 Net Worth

Net worth of the bidder should be positive as per audited financial results for the year 2016-17.

8.2.3 Minimum Working Capital

The minimum working capital of the Bidder as per the last audited financial year i.e. 2015-16shall

be Rs. 2, 50, 00,000.00 (Rupees Two Crore Fifty lakh only)

Documents Required

The documents required to be submitted by the bidder to substantiate their qualification under

Bid Evaluation Criteria shall be as follows:

Copies of Purchase order (s)/ Work Order (s)

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Rev.- 1 :16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 8 of 10

Copy of Completion Certificates Inspection release note(s)/ Dispatch clearance

note issued by Purchaser/ Consultant or their authorized representative/ copy of

invoices for relevant orders.

Audited Balance sheet and Profit & Loss Statement for last three years.

Any other document required for qualification against BEC clauses

8.3 AUTHENTICATION OF DOCUMENTS SUBMITTED IN SUPPORT OF BID

EVALUATION CRITERIA (BEC)

8.3.1 All documents in support of Technical criteria of bid evaluation criteria (BEC) to befurnished by

the bidders shall be necessary be duly certified / attested by chartered engineer and notary public

with legible stamp.

8.3.2 In support of financial criteria of Bid Evaluation criteria (BEC) bidder shall submit “Details of

Financial capability of Bidder” as per format F – 13 attached in Section – V of tender, duly signed

& stamped by a chartered accountant. Further, a copy of audited annual financial statements

submitted in bid shall be duly certified / attested by notary public with legible stamp.

8.3.3 In absence of requisite documents, SGL reserve the right to reject the bid without making any

reference to the bidder.

8.4 Bidders to ensure that all pages of bid should be signed and stamped by the bidder.

8.5 SGL/ TE decision shall be final with respect to bidder’s qualification based on bid evaluation

criteria.

8.6 Evaluation Methodology

Bidders offer shall be evaluated based on BEC criteria & other techno-commercial terms &

conditions mentioned in tender document, for their techno-commercial acceptance and the price bid

of all techno-commercially acceptable bidders will be opened in presence of bidders’ representatives as intimated specified date and time. The Price bid will be duly evaluated after

consideration of all applicable Taxes & Duties. The order shall be awarded to the techno

commercially qualified Lowest quoted bidder.

9.0 BID VALIDITY

9.1 Bidshall be valid for 06 (Six) Months from the date of scheduled bid submission.

9.2 Owner may reject a bid valid for a shorter period being non-responsive.

9.3 In exceptional circumstances, prior to expiry of the original bid validity period, the Owner may

request that the Bidder to extend the period of bid validity for a specified additional period. The

requests and the responses thereto shall be made in writing (by fax / post/ E-mail).

9.4 A Bidder can refuse the request without forfeiture of his bid security. A Bidder agreeing to the

request will not be required or permitted to modify his bid, but will be required to extend the

validity of its bid security for the period of the extension and in accordance with ITB clause 15 in

all respects.

10.0 DETAILS OF BID DOCUMENTS

10.1 Type of Enquiry OpenDomestic Competitive Bidding Basis

10.2 Tender Document Number&Date of Issue P.012213-R-10750-001 dated- 17.02.2018

10.3 Downloading of Bid Document As per E- Tender / Web Hosting of tender

10.4 Sale of Bid Document As per E- Tender / Web Hosting of tender

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10.5 Bid security / EMD Refer clause no. 13 of IFB

10.6 Bid document fee (Non-refundable)

Rs.11, 800/- (Rupees Eleven Thousand Eight

Hundred only) plus GST @ 18% in the form of

Demand Draft in favour of Sabarmati Gas

limited, payable at Gandhinagar.

10.7 Bidder’s Pre Bid Queries

Shall be submitted TWO days prior to pre bid

meeting by E mail as mentioned below.

1. [email protected]

[email protected]

10.8 Pre bid meeting date & Time On 22.02.2018 at 14.00 Hrs. (IST)

10.9 Pre-Bid Venue SGL’s Office, Gandhinagar

10.10 Bid Submission due date and time Up to 14.00 Hrs. (IST) on 07.03.2018.

10.11 Un-Priced bid opening date and time At 14.30 Hrs. (IST) on 07.03.2018.

10.12 Place of Bid Submission

In Name / Department of

Mr. Pala Varu

Dy. Manager

Sabarmati Gas Limited,

Plot no – 907, Sector - 21, Gandhinagar -382021

Gujarat, INDIA.

Telephone: +91 (079)667376000

Email: [email protected] /

[email protected]

11.0 BIDDING PROCESS

11.1 Bidding will be conducted through Opened Domestic. Single stage, Two part (Techno-commercial

along with Tender fees & EMD / Bid Security & Price Bid bids system is adopted for this tender

12.0 DOWNLOADING OF TENDER DOCUMENT

12.1 The entire tender document has been web hosted at https://www.tractebelindia.com and

https://www.sabarmatigas.inwebsites for the view/ participation of the eligible bidders. Bidder

meeting the Bid Evaluation Criteria and intend to submit their bid may download the tender for

submission by the bid due date and time. Bidder shall give an undertaking on his letter-head that

the contents of the bidding document have not been altered or modified.

12.2 The bidders who have downloaded the tender document may bid for any or all of the line items of

tender. Bidder shall made payment of bid document fee through Crossed Bank Draft in physical

form along with EMD / bid security. The bid of any such bidder shall be considered only if the bid

is accompanied by the prescribed bid document fee in the form of Demand Draft along with

EMD/Bid Security.

12.3 Bid submitted by bidders who have not accompanied the bid document fee along with EMD/Bid

Security, the bid offer will be rejected.

12.4 Bids should be in complete accordance with the bid documents / attachments and submitted

separately in two parts. Each part should be enclosed in sealed envelopes, super-scribed with the

Bid Documents Number, due date, Item and nature of bid (Technical, Tender fees and EMD / Bid

Security and Priced) as below:

12.5 The bid will be submitted in two parts as below:

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PART- I (UN-PRICED BID)

Un-priced bid must be completed with all technical details along with all other

required documents including price schedule WITH PRICE BLANKED OUT etc. as

per clause no. 19.1 of ITB.

PART-II (PRICED BID)

Priced bid shall contain only the prices without any conditions as per clause no. 19.2

of ITB

13.0 BID SECURITY

13.1 All bids must be accompanied by a bid security amount of Rs. 3,00,000.00 ( Rupees Three Lakh)

Note :No interest will be allowed on bid Security / EMD.

13.2 Bid security shall be either in the form of banker’s demand draft in favor of Sabarmati Gas Ltd.,

payable at Gandhinagar (Gujarat)or bank guarantee from any Nationalised / Schedule bank

approved by Reserve Bank of India (RBI) as per pro-forma attached in the Tender document.

13.3 The bid security shall be submitted along with the bid and to be enclosed in Part – I (Un-priced bid).

Bid security in the form of Bank Guarantee shall be valid forTwo Hundred and Seventy (270

days)Ninety (90) days beyond the validity of the bid i.e. 180 days from scheduled date of bid

submission.

14.0 PRE-BID MEETING

14.1 The bidder(s) or his official representative, who intend to bid are invited to attend a pre-bid meeting

so that their queries, if any, related to the tender document and scope of work can be addressed..

14.2 Pre bid meeting will take place on address, date and time specified in the tender document.

14.3 Bidder (s) queries if any, must reach Purchaser/ Consultant office at least two days prior to pre-bid

meeting date.

14.4 Non-attendance of the pre-bid meeting shall not be cause of disqualification of the bidder.

15.0 ZERO DEVIATION BIDS

15.1 This is a ZERO deviation bidding process. Bidder is to ensure compliance of all provisions of the

bidding document and submit their bid accordingly. Bids with any deviation to the bid conditions

shall be liable for rejection.

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SABARMATI GAS LIMITED (SGL)

TENDER FOR SUPPLY OF MDPE PIPES (ARC)

SECTION-II

INSTRUCTIONS TO BIDDERS (ITB)

01 16.02.2018 Issued for RFP BP AS PP

00 14.02.2018 Draft Issued for COmments BP AS PP

Rev Date Subject of Revision Prepared By Checked By Approved By

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TABLE OF CONTENTS

SECTION-II INSTRUCTIONS TO BIDDERS (ITB) .......................................................................... 1

1.0 SCOPE OF BID .................................................................................................................... 4

2.0 ELIGIBLE BIDDERS ............................................................................................................ 4

3.0 COST OF BIDDING .............................................................................................................. 4

4.0 ONE BID PER BIDDER ........................................................................................................ 5

5.0 SITE VISIT .......................................................................................................................... 5

6.0 NON-TRANSFERABLE OF THE BID DOCUMENTS ................................................................ 5

7.0 CONTENT OF BID DOCUMENTS .......................................................................................... 5

8.0 CLARIFICATION ON BID DOCUMENTS............................................................................... 5

9.0 AMENDMENT OF BID DOCUMENTS .................................................................................... 6

10.0 LANGUAGE OF BID ......................................................................................................... 6

11.0 DOCUMENTS CONSTITUTING THE BID .......................................................................... 6

12.0 BID PRICES .................................................................................................................... 7

13.0 BID CURRENCIES ........................................................................................................... 8

14.0 PERIOD OF VALIDITY OF BIDS ...................................................................................... 8

15.0 BID SECURITY ................................................................................................................ 8

16.0 PRE-BID MEETING ......................................................................................................... 9

17.0 FORMAT AND SIGNING OF BID ...................................................................................... 9

18.0 ZERO DEVIATION ......................................................................................................... 10

19.0 PREPARATION OF BIDS ............................................................................................... 11

20.0 SEALING AND MARKING OF BIDS ................................................................................ 12

21.0 DEADLINE FOR SUBMISSION OF BIDS ........................................................................ 13

22.0 LATE BIDS .................................................................................................................... 13

23.0 MODIFICATION AND WITHDRAWAL OF BIDS ............................................................. 13

24.0 OPENING OF BIDS BY THE PURCHASER/CONSULTANT .............................................. 13

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25.0 CLARIFICATION OF BIDS ............................................................................................. 14

26.0 EXAMINATION OF BIDS & DETERMINATION OF RESPONSIVENESS ........................... 14

27.0 PRICE BID OPENING .................................................................................................... 14

28.0 ARITHMETIC CORRECTIONS ........................................................................................ 15

29.0 CONVERSION TO SINGLE CURRENCY .......................................................................... 15

30.0 EVALUATION AND COMPARISON OF BIDS .................................................................. 15

31.0 CONTACTING THE PURCHASER/ CONSULTANT ........................................................... 16

32.0 AWARD OF WORK ......................................................................................................... 17

33.0 PURCHASER’S RIGHT TO VARY QUANTITIES AT TIME OF AWARD ............................. 17

34.0 PURCHASER’S RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS ................................ 17

35.0 NOTIFICATION OF AWARD .......................................................................................... 17

36.0 ACCEPTANCE OF CONTRACT ORDER ............................................................................ 17

37.0 CONTRACT AGREEMENT ............................................................................................... 18

38.0 PERFORMANCE GUARANTEE ........................................................................................ 18

39.0 CORRUPT OR FRAUDULENT PRACTICES ...................................................................... 18

40.0 WAIVER OR TRANSFER OF THE AGREEMENT ............................................................... 19

41.0 INCOME TAX LIABILITY ............................................................................................... 19

42.0 ORDER OF PRECEDENCE .............................................................................................. 19

43.0 UNSOLICITED POST TENDER MODIFICATIONS ........................................................... 19

44.0 GST INPUT CREDIT ...................................................................................................... 19

45.0 SUBMISSION OF FLASE/ FORGED DCOUMENTS .......................................................... 20

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INSTRUCTIONS TO BIDDES (ITB)

1.0 SCOPE OF BID

1.1 The Purchaser/ Owner/ Owner’s representative as defined in the General Conditions of Contract–

Goodsinvites sealed bids for Supply of MDPE Pipesin the State of Gujaratas mentioned in the tender

document.

1.2 The bidding document specifies the scope of work, terms and conditions.

1.3 All terms, conditions and specifications of the bidding document shall be construed as applicable in

general, unless specifically indicated to the contrary.

1.4 Bidders shall quote in the manner as specified in the Bid document. Owner reserves the right to evaluate

and accept bids at their sole discretion. The provisions of this clause shall supersede any contrary

provisions expressly stated or implied anywhere else in the Bid document

1.5 The successful Bidder will be expected to complete the Scope of work within the period stated in Special

Conditions of Contract.

1.6 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives (“bidder/

tenderer”, “bid/ tendered”, “bidding/ tendering”, etc.) are synonymous, and day means calendar day.

Singular also means plural.

2.0 ELIGIBLE BIDDERS

2.1 Bidders shall, as part of their bid, submit a written power of attorney authorizing the signatory of the bid to

commit the bidder.

2.2 Pursuant to Bid Evaluation Criteria specified in Invitation for Bids (IFB), the bidder shall furnish all

necessary supporting documentary evidence to establish the bidder’s claim of meeting Bid Evaluation

Criteria.

2.3 The Bidder shall furnish, as a part of his bid, documents establishing the bidder’s eligibility to bid and his

qualification to perform the contract if his bid is accepted.

2.4 This Invitation for Bids is open to any bidder.

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

i. That has provided consulting services related to the work to the Purchaser during the preparatory

stages of the works or of the project of which the works form a part.

ii. That has been hired by the Purchaser as Engineer / Consultant for the contract.

2.6 The Bidder shall not be under a declaration of ineligibility by Purchaser for corrupt or fraudulent practices

as defined in ITB Clause 40.0.

2.7 The Bidder is not put on holiday/ banned by SGL or TE or put on holiday/ banned by any Government

Department/ Public Sector on due date of submission of bid. If documents are downloaded from website,

offers submitted by such bidders shall not be considered for opening/ evaluation/award.

2.8 While evaluating the bids, pursuant to Bid Evaluation Criteria (BEC), bidders past performance shall also

be assessed for ascertaining the responsiveness of the bid. In such a case, the decision of the Purchaser /

Consultant shall be final and binding on the bidder.

2.9 Job executed by a bidder for its own concern cannot be considered as experience for Bid Evaluation

Criteria.

3.0 COST OF BIDDING

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3.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, andthe

PURCHASER/Consultant will in no case be responsible or liable for those costs, regardless of the conduct

or outcome of the bidding process.

4.0 ONE BID PER BIDDER

4.1 Bidder shall submit only one bid in the same bidding process. A Bidder who submits or participates in

more than one bid will cause all the proposals in which the Bidder has participated to be disqualified.

4.2 Alternative bids are not acceptable.

5.0 SITE VISIT

5.1 Deleted.

6.0 NON-TRANSFERABLE OF THE BID DOCUMENTS

6.1 Tender Documents are non-transferable. The Bidder to whom the tender documents are issued may only

furnish the bid in case of limited tender and the bid received from any party other than to whom the tender

documents are issued shall be rejected immaterial of fact of any relationship between parties to whom

tender documents are issued and party, who furnished the bid.

6.2 Conditional bids or bids away from the format will not be accepted and owner/purchaser reserves the right

to reject any or all bids without assigning any reason; whatsoever.

B. THE BID DOCUMENTS

7.0 CONTENT OF BID DOCUMENTS

7.1 The bid documents hosted on SGL and/orTractebel websites are as stated below and should be read in

conjunction with any addenda/ corrigenda issued in accordance with clause no.9.0of ITB.

Volume I of II - Commercial Section consisting of:

Section-I: Invitation for Bids (IFB)

Section-II: Instructions to Bidders (ITB)

Section-III: General Conditions of Contracts (GCC)

Section-IV: Special Conditions of Contracts (SCC)

Section-V: Forms and Formats

Section-VI: Schedule of Rates (SOR)

Volume IIof II–Technical Section (Material requisition, Technical specifications, QCT & Drawings etc.)

7.2 The Bidder is expected to examine all sections of bid document containing instructions, forms and

formats, terms, specifications etc. in the bid document. The invitation for bid (IFB) together with all its

attachment thereto, shall be considered to be read, understood and accepted by the Bidder.

7.3 Failure to furnish all information required by the Bid documents or submission of a bid not substantially

responsive to the Bid documents in every respect will be at bidder’s risk and may result in the rejection of

its bid

8.0 CLARIFICATION ON BID DOCUMENTS

8.1 A prospective Bidder requiring any clarification of the bid documents may notify the Purchaser and / or

the Consultant as the case may be, in writing or by cable (hereinafter, the term ‘cable’ is deemed to

include electronic mail and facsimile) at the address indicated in the tender. The Purchaser / Consultant

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will respond in writing to any request for clarification of the bid documents which it receives after issue of

the bid documents but prior to atleast two (02) working days before the pre-bid meeting date. The Owner’s

response (including an explanation of the query but without identifying the source of the query) will be

sent to all prospective bidders who have received the bedding documents.Written copies of the

Purchaser’s/ Consultant’s response (including an explanation of the query but without identifying the

source of inquiry) will be hosted on websitehttp://www.tractebelindia.comandhttp://www.sabarmatigas.in,

before the bid due date. All such clarifications issued shall deem to form a part and parcel of the Bid

documents.

9.0 AMENDMENT OF BID DOCUMENTS

9.1 At any time prior to the deadline for submission of bids, the Purchaser / Consultant, for any reason,

whether at its own initiative or in response to a clarification requested by a prospective bidder, may

modify the bid documents by issuing addenda and or Corrigendum.

9.2 Any addendum /corrigendum/ clarifications to bidders query thus issued shall be part of the bidding

documents pursuant to ITB Clause- 7.0 and shall be hosted on the website or notified in writing by e-Mail

/ e-Portal or fax or telex or cable as mentioned in clause-8.0 above, before bid due date to all the bidders

who have participated the bidding documents. All the prospective bidders who have attended the Pre-Bid

meeting/ submitted bid document fee,shall be informed by email/ post about the addendum/ corrigendum/

clarifications to bidders query for their reference. Bidders desirous to submit its bid have to take into

consideration of all the addendum(s)/ corrigendum (s)/ clarifications to bidders query hosted on the above

websites before submitting the bid.

9.3 In order to allow prospective bidders reasonable time to take care of the addendum/ corrigendum into

account in preparing their bids, the Purchaser/ Consultant, at its discretion, may extend the deadline for the

submission of bids.

9.4 All the bidders are advised to visit SGL’s and /or Tractebel’s websites from time to time to get updated

information/ documents.

C. PREPARATION OF BIDS

10.0 LANGUAGE OF BID

10.1 The bid prepared by the Bidder as well as all correspondence/drawings and documents relating to the bid

exchanged by Bidder and the PURCHASER shall be written in English language. Any printed literature

furnished by the Bidder may be written in another language so long as accompanied by an ENGLISH

translation, in which case, for the purpose of interpretation of the bid, the ENGLISH translation shall

govern.

10.2 In the event of submission of any document/ certificate issued by the Bidder in a language other than

English, English translation of the same duly authenticated by Chamber of Commerce of Bidder’s country

shall be submitted by the Bidder along with the bid.

10.3 Metric measurement system shall be applied

11.0 DOCUMENTS CONSTITUTING THE BID

11.1 The bid prepared by the Bidder shall comprise the following components:

11.2 Un-priced Techno-commercial bid along with the completed Bid Forms in accordance with the tender

documents as attached in Section-V of bid document.

11.3 Documentary evidence established in accordance with ITB that the Bidder is eligible to bid and is

qualified to perform the contract if its bid is accepted;

11.4 Documentary evidence established in accordance with ITB that the goods and ancillary services to be

supplied by the Bidder are eligible goods and services and conform to the bid documents; and

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11.5 Price Bid having Schedule of Rates (SOR) filled up in accordance with tender.

11.6 Bid security furnished as per tender requirement.

11.7 Complete set of bid documents duly signed and stamped on each page.

12.0 BID PRICES

12.1 Price bid shall be containing original in separate sealed envelope – II along with bid.

12.2 E-mail or soft or any electronic submission of price shall be considered as deviation and liable for

rejection.

12.3 Total price shall be written both in words and figures

12.4 The bidder shall quote bid Prices on the appropriate format for “Schedule of Rates” enclosed as part of

bidding document.

12.5 Unit price quoted by the bidder shall remain firm, fixed, and valid till completion of the contract

performance and will not be subject to any variation, except statutory variation pursuant to relevant

provisions in clause 12.6 of ITB.

12.6 Within the contractual delivery period, if any new taxes and or duties come into force from the Indian

Central/State Government Authority, the same will be reimbursed by Purchaser against documentary

evidence to the bidder to the bidder after ascertaining its applicability. However, in case of delay in

delivery, if any, new taxes and/ or duties come into force from Central/State Government Authority, the

same shall be to seller’s account.

12.7 The bidder shall quote the price for items in the Schedule of Rate after careful analysis of cost involved for

the performance of complete work and Scope of Supply after considering all parts of the Bidding

Document. In case, any activity though specifically not covered but is required to complete the work as

per scope of supply, specifications, standards, drawings, GCC, SCC or any other part of Bidding

Document, the prices quoted shall deemed to be inclusive of cost to be incurred for such activity.

12.8 Bidders shall indicate the following as per SOR:

12.8.1 Unit FOT Dispatch point price including packing & forwarding but excluding taxes and duties on finished

goods. The prices shall also be inclusive of all costs as well as duties and taxes paid or payable on

components, raw materials, bought out materials and consumables incorporated or to be incorporated in

the goods.

12.8.2 Goods & Service Tax (GST) which will be payable on the finished goods, if this contract is

awarded.

12.8.3 Separate charges for inland transportation from dispatch point to Purchaser’s storage facility at Gujarat

including Entry tax, unloading at purchaser’s store etc.

Bidders to note that the materials if ordered against this Bidding Document shall be dispatched on

door delivery basis through a reliable bank approved Road Transport Company unless the transport

company is named by the Purchaser.

12.9 A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.

12.10 Bids quoted in other currency shall be rejected.

12.11 All corrections and alterations in the entries shall be signed in full by the bidder with date. No erasures or

over-writings are permissible.

12.12 Rates are unit rate as per scope of work of respective SOR

12.13 GST applicable on freight charges.

12.14 The bidder shall indicate the following separately:

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12.15 Goods & Service Tax (rates and amount) which will be payable on the finished goods and Transportation

charges, if this contract is awarded. The statutory variation in GST, if applicable, within the contractual

delivery period shall be to Purchaser’s account against submission of the documentary evidence. However,

any increase in the rate of these taxes beyond the contractual completion period shall be to bidder’s

account. Any decrease in the rate of taxes shall be passed on to the Purchaser.

13.0 BID CURRENCIES

13.1 Bidders shall submit bid in Indian Rupees only.

14.0 PERIOD OF VALIDITY OF BIDS

14.1 The bid shall remain valid for acceptance for One Hundred & eighty (180) daysfrom the bid due date

Owner may reject a bid which is valid for a shorter period being non-responsive.

14.2 In exceptional circumstances, prior to expiry of the original bid validity period, the Purchaser/ Consultant

may request the Bidder to extend the period of bid validity for a specified additional period. The requests

and the responses thereto shall be made in writing (sent by fax/ post/ e-mail). A Bidder may refuse the

request without forfeiture of his bid security. A Bidder agreeing to the request will not be required or

permitted to modify his bid, but will be required to extend the validity of its bid security (without any

additional cost to Purchaser) for the period of bid validity extension and in accordance with ITB clause

14.0 in all respects.

15.0 BID SECURITY

15.1 Pursuant to IFB Clause No. 13, the bidder shall furnish, as part of his bid, a bid security in the amount

specified in the IFB.

15.2 The bid security is required to protect the Purchaser against the risk of Bidder’s conduct which would

warrant the bid security’s forfeiture, pursuant to ITB Clause –15.10

15.3 The bid security will be in Indian Rupees and shall be in the form of Bank Guarantee in favour of

Sabarmati Gas Ltd at Gandhinagar from any Nationalized / Schedule bank approved by Reserve Bank of

India (RBI) as per pro-forma attached in the Tender document.

15.4 Offers without requisite EMD or insufficient EMD shall be summarily rejected.

15.5 Owner shall not be liable to any bank charges, commission or interest on the amount of bid security.

15.6 The bid security shall be valid for ninety (90) days beyond the validity of the bid as specified in Clause

15.1 of ITB i.e. 180 days beyond deadline for bid submission.

15.7 Any bid not secured in accordance with ITB clause 15.1 and 15.3 shall be rejected by Purchaser as non-

responsive.

15.8 Unsuccessful Bidder’s bid security will be discharged/ returned, as promptly as possible but not later than

sixty (60) days after the expiration of the period of bid validity prescribed by the Purchaser, pursuant to

ITB Clause-15.

15.9 The successful Bidder’s bid security will be discharged upon the Bidder’s accepting the Order, pursuant to

ITB Clause 37.0 and furnishing the Contract Performance Guarantee pursuant to ITB Clause 39.0.

15.10 The bid security may be forfeited:

15.10.1 In the case of a Bidder:

a) If Bid is withdrawn during the validity period or any extension thereof duly agreed by the Bidder.

b) If Bid is varied or modified in a manner not acceptable to SGL during the validity period or any

extension of the validity duly agreed by the Bidder

15.10.2 In the case of a successful Bidder, if the Bidder fails:

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a) to accept the Notification of Award / Work Order / Contract / LOI in accordance with clause-37 of

ITB

b) to furnish Performance Guarantee in accordance with ITB Clause- 38, if applicable

c) to accept the arithmetic corrections pursuant to clause-28 of ITB

d) to change the proposed manufacturer after submission of bid

e) within the specified period:

i.) to sign the Contract

i) to start the job even after fulfilling the above clauses.

15.11 Bid Security must indicate the Bid Document number and the tender name for which the bidder is quoting.

This is essential for proper correlation at a later date.

15.12 The Bid Security in the form of Bank Guarantee shall be as per the format provided in the Bid Document.

15.13 The Small, Cottage and tiny industrial units of the state having registration numbers from Central Stores &

Purchase Organization/National Small Industries Corporation/Director General of Supplies disposals are

exempted from furnishing bid security / Earnest money deposit provided they are registered for the quoted

items up to the monetary limit they intend to quote and subject to their enclosing with their bid a copy of

the latest and current Registration Certificate. Even the Public Sector Undertaking and firms registered

under National Small Industries Corporation (NSIC) and Directorate General of Supplies & Disposals

(DGS&D), are eligible for exemption

Note: Original bid securities should be enclosed separately in a sealed cover and submitted along with

the bid.

16.0 PRE-BID MEETING

16.1 The bidder(s) or his designated representatives are invited to attend a pre-bid meeting which will take

place at SGL / TE’s office at Gandhinagar (Gujarat)on the date & time mentioned in IFB.

16.2 The purpose of meeting will be to clarify issues related to tender on any matter that may be raised at that

stage.

16.3 A prospective bidder requiring any clarification of the Bidding Documents may notify SGL/ TE in writing

or by fax/e-mail/post at SGL’s / TE’s mailing address indicated in the Invitation for Bids. It may not be

practicable at the meeting to answer queries received late, but queries and responses/ clarifications will be

transmitted in accordance with following sub clauses.

16.4 SGL / TE will respond in writing to any request for clarification of the Bidding documents, which it

receives at least 02 (two) working days before the Pre-Bid meeting date. Written copies of SGL/ TE

response (including an explanation of the query but without identifying the source of the query) will be

hosted on the websites as mentioned in clause-6.0 of ITB before the bid due date.

16.5 Any addendum/ corrigendum/ clarifications to bidders query thus issued shall be part of the Bidding

Documents pursuant to ITB Clause-7 and shall be hosted on the websites as defined in clause 8.0 above

and will be informed to bidders as per clause-9.2 above.

16.6 Non-attendance of the pre-bid meeting will not be a cause for disqualification of the bidder.

17.0 FORMAT AND SIGNING OF BID

17.1 The Bidder shall prepare an original and the number of copies of the bid as required in thetender, clearly

marking each “ORIGINAL BID” and “COPY OF BID,” as appropriate. In theevent of any discrepancy

between them, the one marked as original shall govern.

17.2 The original and the copy of the bid shall be typed or written in indelible ink. Each page of bid offershall

be signed by the Bidder or a person or persons duly authorized either by competent authority in order to

bind the Bidder to thecontract or stating its capacity to sign on behalf of the Bidder.

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17.3 The person or persons signing the bid shall initial all pages of the bid, except forun-amended printed

literature.

1.1 The power of attorney / authorization with seal of the company in favour of signatory of the offer shall be

furnished along with the offer.

17.4 Any interlineations, erasures, or corrections shall be valid only if the person or personssigning the bid

initial them. Overwriting will not be treated as correction and may lead torejection of bid. A correction

shall be considered if a part of text or figures or dates needingcorrections are deleted and a separate text or

figure or date, as the case may be, is writtenseparately having proper link to the place of correction.

18.0 ZERO DEVIATION

18.1 Bidder to note that this is a zero deviation tender. Purchaser/ Consultant will appreciate submission of

offer based on the terms and conditions in the enclosed General Conditions of Contract (GCC), Special

Conditions of Contract (SCC), Instructions to Bidders (ITB), Scope of Work, technical specifications etc.

to avoid wastage of time and money in seeking clarifications on technical/ commercial aspects of the bid.

Bids with any deviation to the bid conditions shall be liable for rejection. Bidders may note that no

technical and commercial clarifications will be sought for after the receipt of the bid.

18.2 Notwithstanding to the above, bids with the deviation(s) to the bid conditions shall be liable to be rejected

without any post bid reference to the bidder. However PURCHASER reserves the right to take the final

decision in this regard, without assigning any reason.

18.2.1 Bid Price as per clause-12.0 of ITB.

18.2.2 Bid Document fee

18.2.3 Bid Security/ EMD as per above clauses

18.2.4 Scope of Work as per IFB and as specified in Bid document

18.2.5 Technical specifications

18.2.6 Schedule of Rates

18.2.7 Payment Terms

18.2.8 Delivery Schedule

18.2.9 Period of Validity of bid

18.2.10 Price Reduction Schedule

18.2.11 Acceptance to Performance Bank Guarantee format and acceptance to submit the same in case of award

18.2.12 Guarantee

18.2.13 Arbitration / Resolution of Dispute

18.2.14 Force Majeure

18.2.15 Applicable Law

18.2.16 Any other condition specifically mentioned in the tender document elsewhere that non-compliance of the

clause will lead to rejection of the bid.

18.2.17 In case Bidderstipulate deviations, Purchaser/ Consultant have the right to reject such bid at its absolute

discretion without giving any opportunity for such Bidders to make good such deficiency.

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D. PREPARATION AND SUBMISSION OF BIDS

19.0 PREPARATION OF BIDS

19.1 Envelope I:Superscribing“Techno-Commercial Un-priced Bid” --“(Item / package name)”

Part – I: Techno-commercial/ Un-priced Bid shall contain one original and one copyof the following:

i. Covering letter

ii. Bid document fee, if applicable.

iii. Bidder’s General Information Form F-1

iv. Bid Form F-2

v. List of enclosures of Documents as per Form F-3.

vi. Bid security in accordance with clause no.14 of ITB & as per Form F-4

vii. Financial Capability of bidder as per Format F-5.

viii. Letter of Authority in favour of any one or two of Bidder’s executive having authority to attend

bid openingas per Form F-6

ix. No deviation Form F-6

x. Details of similar work done during last 5 years as per Format F-8.

xi. Duly signed and stamped Format F-9 pertaining to Proforma for Bank Guarantee for Contract

Performance Guarantee.

xii. Check List as per Form F-10

xiii. Declaration as per Format F-11.

xiv. Power of Attorney in favour of person (s) signing the bid that such person (s) is/are authorized

to sign the bid on behalf of the Bidder and any consequence resulting due to such signing shall be

binding on the Bidder as per Form – 12.

xv. Bidders queries & it’s reply as per Form – 13

xvi. Bidder Under Taking for Service Charges as per Form – 14

xvii. Copy of SOR (Schedule of Rates) with prices blanked out mentioning “Quoted/Not Quoted”

against each item

xviii. Copy of Bid document along with all addendum/ corrigendum no. ……. duly signed and stamped

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.

xix. Documents for meeting BEC as defined in IFB

xx. Information and documentary evidence establishing bidder’s claim for meeting BQC, as

applicable

xxi. Bidder’s firm should be registered proprietor / partnership Firm/ Pvt. Ltd or Public ltd. Copy of

certificate of registration / incorporation needs to be submitted.

xxii. Copy of CST, LST/ VAT ,ESI ,PF , Service Tax, PAN Registration Certificates

xxiii. Duly signed and Stamped along with pre bid queries / amendments to original bid documents

Note:

i. The bid offer shall consist of the above documents only.

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ii. Document submitted in addition to the above listed documents, shall not be considered as

part of bid offer and shall not be taken into consideration for evaluation.

iii. All pages of the bid offer to be signed and stamped by an authorised representative (as

describedin bid document) of the bidder

19.2 Envelope II: Superscribing “Price Bid – Not to Open with Techno – Commercial Un-priced Bid”

19.2.1 Part – II Price Bid: Part – II shall contain one original and one copy of Schedule of Ratesin separate

sealed envelopes duly signed and stamped on each page super scribing on the sealed envelope “Price Bid –

(Item / package name)” “Do Not Open”.

19.2.2 E-mail or soft or any electronic submission of price shall be considered as deviation and liable for

rejection.

20.0 SEALING AND MARKING OF BIDS

20.1 Bid Security: Original and copy shall be sealed in separate envelopes clearly superscribing “Original” or

“Copy” as the case may be. These envelopes shall be further sealed as detailed hereunder.

20.2 Techno Commercial Un-priced Bid: Original of Techno–commercial Un-priced Bid and the envelope

containing Original Bid Security shall be sealed in one separate envelope superscribing “Techno-

commercial Un-priced Bid – “(Item / package name)” (Tender Document No. .)” “Original”. Copy of

Techno-Commercial Un-priced Bid along with envelope containing copy of Bid Security shall be sealed in

separate envelopes superscribing “Techno-commercial Un-priced Bid- “(Item/ package name)”” “Copy”.

All these envelopes shall be sealed in one separate envelope super scribing “Techno – commercial Un-

priced Bid containing original + 1copy – “(Item / package name)” (Tender Document No…..)”.

20.3 Priced Bid: Original Price Bid and one copy shall be sealed in separate envelopes superscribing “Price Bid

– “(Item / package name)” (Tender Document No……)” “Original” or “Copy” as the case may be. All

such envelopes (original + copies) shall be sealed in a separate envelope superscribing “Price Bid (original

+ copy) – “(Item / package name)” (Tender Document No……..)” “Not to Open along with Techno –

Commercial Un-priced Bid”.Price bid shall be submitted only sealed Hard Copy ONLY.

20.4 The Bidder shall seal the original and copy of the bid in separate envelopes, duly marking the envelopes as

“ORIGINAL” and “COPY.” All the envelopes shall then be sealed in an outer envelope.

20.5 The inner and outer envelopes shall:

(a) Be addressed to the Project manager, Sabarmati Gas Limited & submitted at the address given below

before due date & time:

Sabarmati Gas Limited,

Plot no – 907, Sector - 21,

Gandhinagar -382021

Gujarat, INDIA.

Telephone: +91 (079)667376000

(b) Bear the Project name indicated in the Tender, the Invitation for Bids (IFB), and a statement: “DO

NOT OPEN BEFORE,” to be completed with the deadline for submission of bids as specified in the

Tender.

20.6 Each of the inner envelopes shall also indicate the name and address of the Bidder to enable the bid to be

returned unopened in case it is declared “late.”

20.7 If the outer envelope is not sealed and marked as required by ITB, the Purchaser will assume no

responsibility for the bid’s misplacement or premature opening and its consequential rejection.

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21.0 DEADLINE FOR SUBMISSION OF BIDS

21.1 Bid must be received by Owner / Purchaser at the address as specified in IFB but not later than the time

and date as specified in IFB.

21.2 The Owner/ Purchaser may, in exceptional circumstances and at its discretion, on giving reasonable notice

by fax or any written communication to all prospective bidders who have been issued the bid document

extend the deadline for the submission of bids in which case all rights and obligations of the Owner/

Purchaser and bidders, previously subject to the original deadline will thereafter be subject to deadline as

extended.

22.0 LATE BIDS

22.1 Any bid received by the Owner / Purchaser after the deadline for submission of bid pursuant to clause no.

21.1of ITB will be declared “Late” and may be liable to be rejected and may be returned unopened to the

bidder at the sole discretion of the Owner.

23.0 MODIFICATION AND WITHDRAWAL OF BIDS

23.1 The Bidder may modify or withdraw its bid after the bid’s submission (but before the deadlinefor

submission of bids), provided that written notice of the modification, including substitutionor withdrawal

of the bids, is received by the PURCHASER/Owner prior to the deadline prescribed forsubmission of bids.

23.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked, anddispatched in

accordance with the provisions of Clause 21.1 of ITB, with the outer envelopes additionally marked

“modification” or “withdrawal” as appropriate. A withdrawal notice may also be sent by electronic mail,

fax/post but followed by a signed confirmation copy, postmarked notlater than the deadline for submission

of bids.

23.3 No bid shall be modified after the deadline for submission of bids.

23.4 No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and

theexpirationof the period of bid validity specified by the Bidder on the Bid Form. Withdrawal ofa bid

during this interval may result in the Bidder’s forfeiture of its bid security, pursuant to clause 15 of ITB.

23.5 In case Owner extends the dead line for submission of bid due to any reason, all rights and obligation of

owner and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

E. OPENING AND EVALUATION OF BIDS

24.0 OPENING OF BIDS BY THE PURCHASER/CONSULTANT

Un-priced Techno-Commercial Bid Opening

24.1 The Purchaser/Consultant will open all bids either in the presence of the committee appointed by Owner

or in the presence of Bidders’ representatives who choose toattend, at the time, on the date (as specified in

IFB), and at the place specified in the Tender.The Bidders’ representatives, who are present, shall sign bid

openingstatement evidencing theirattendance.

24.2 Bid will be opened in presence of bidders or without availability of Bidders.

24.3 The Bidders’ names, bid modifications or withdrawals, and the presence or absence of requisite bid

security and such other details as the Purchaser, at its discretion, may consider appropriate, will be

announced at the opening. No bid shall be rejected at the time of bid opening, except for late bids, which

shall be later returned unopened to the concerned Bidder.

24.4 Bids (and modifications) that are not opened and read out at bid opening shall not be considered further

for evaluation, irrespective of the circumstances. Bidder’s specific attention is drawn to this stipulation to

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enable the representative of the Bidder at the bid opening time to bring out to the attention for the

Purchaser / Consultant any documents pertaining to its bid is not being acknowledged and relevant

portions read out.

24.5 The PURCHASER/Consultant will prepare a bid opening statement to be signed by all

representativespresent during bid opening.

25.0 CLARIFICATION OF BIDS

During evaluation of the bids, the PURCHASER / Consultant may, at its discretion, ask theBidder for a

clarification of its bid through email only at e-mail ID mentioned in Form F-1. The request for

clarification and the response shall be inwriting, and no change in the prices or substance of the bid shall

be sought, offered, orpermitted.

26.0 EXAMINATION OF BIDS & DETERMINATION OF RESPONSIVENESS

26.1 Techno-Commercial Bid Evaluation

26.2 The Purchaser/ Consultant will examine the bids to determine whether they are complete, whether

any computational errors have been made, whether required securities have been furnished, whether

the documents have been properly signed, and whether the bids are generally in order.

26.3 Prior to the detailed evaluation, the Purchaser/ Consultant will determine whether each bid is of

acceptable quality, is generally complete and is responsive to the Bidding Documents. For the purposes

of this determination, a responsive bid is one that conforms to all the terms, conditions and

specifications of the Bidding Documents without deviations, objections, conditionality or reservations.

26.4 No deviation, whatsoever, is permitted in the Bidding Documents and the price bids of those

bidders whose technical and commercial bids contain any exception to the conditions and stipulations of

the Bidding Documents, shall not be opened.Conditional bids will not be accepted.

26.5 The Purchaser/ Consultant’s determination of a bid’s responsiveness is to be based on the contents of the

bid itself without recourse to extrinsic evidence. If a bid is not responsive, it will be rejected by the

Purchaser/ Consultant, and may not subsequently be made responsive by the bidder by correction of the

nonconformity.

26.6 The Purchaser/ Consultant will carry out a detailed evaluation of the bids previously determined to be

responsive in order to determine whether the technical aspects and qualification criteria are in accordance

with the requirements set forth in the Bidding Documents. In order to reach such a determination, the

Purchaser/ Consultant will examine and compare the technical aspects of the bids on the basis of the

information provided/ supplied by the bidders, taking into account the following factors:

i. Bidder’s qualification on meeting Bid Evaluation Criteria (BEC).

ii. Overall completeness and compliance with the Technical Specifications; quality function and

operation of any process control concept included in the bid. The bid that does not meet minimum

acceptable standard of completeness, specifications defined in the bid document, consistency and

detail will be rejected as non-responsive.

iii. Overall completeness and compliance with the other terms & conditions included in the bid

document. The bid that does not meet acceptable standard of completeness, consistency and detail

will be rejected as non-responsive,

iv. Requisite FORMS containing all necessary information as required in bid document and other

documents as per ITB clause no. 2, 11& 19.

v. Any other relevant factor, if any that the Purchaser/ Consultant deems necessary or prudent to be

taken into consideration.

27.0 PRICE BID OPENING

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27.1 The Purchaser/ Consultant shall inform the time, date and venue for price bid opening to all such

bidders who qualify pursuant to techno-commercial bid evaluation. Bidders may be required to attend

price bid opening at a short notice of 24 hours.

27.2 The Purchaser and Consultant will open price bids of all bidders notified to attend price bid opening in

presence of authorized bidder’s representatives present at the time of priced bid opening. The bidder’s

representatives who are present shall sign bid-opening statement evidencing their attendance.

27.3 The bidder’s name, prices, and such other details as the Purchaser/ Consultant, at its discretion, may

consider appropriate will be announced and recorded at the time of bid opening.

28.0 ARITHMETIC CORRECTIONS

28.1 The bids will be checked for any arithmetic errors / discrepancies as follows, if any, will be rectified on

the following basis:

28.2 If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit

price and quantity the unit price shall be considered valid and accordingly, the total price will be corrected

and it is binding to the Bidder.

28.3 If there is a discrepancy between the total amount and the sum of total prices, the sum of the total prices

shall prevail and the total bid amount will be corrected.

28.4 In case of any discrepancy between prices in figures and prices in words, the prices in words shall be valid

and binding.

28.5 If the Bidder does not accept the correction of errors as mentioned above, its bid will be rejected and the

bid security will be forfeited.

29.0 CONVERSION TO SINGLE CURRENCY

29.1 Not Applicable.

30.0 EVALUATION AND COMPARISON OF BIDS

30.1 Owner will examine the bids to determine whether they are complete, whether any computational errors

have been made, whether the documents have been properly signed and whether the bids are generally in

order.

30.2 The bids without requisite bid fees and bid security and/or not in the prescribed Performa will not be

considered and bids of such bidders shall be rejected.

30.3 The Owner / Purchaser will evaluate and compare bids previously determined to be substantially

responsive pursuant to ITB Clause No. 24, 25 & 26.

30.4 Bidders are requested not to make any commercial or technical deviations in their offers. This will lead to

rejection of offers. Once quoted, bidders shall not make any subsequent price changes. Any price change

sought shall lead to rejection of offer.

30.5 Unsolicited clarification to the Bid and /or change in price during its validity period would render the Bid

liable for outright rejection.

30.6 Evaluation and comparison of bids shall be done taking following into consideration:

i) Techno commercial including Bidder’s Qualification

ii) Evaluated Prices

30.6.1 Techno commercial includingBidder’s Qualification

30.6.1.1 To assist in the examination, evaluation and comparison of bids, Owner may, at its discretion, ask the

bidder for a clarification of its bid. The request for such clarification and the response shall be in writing

and no change in the price or substance of bids shall be sought, offered or permitted.

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30.6.1.2 Prior to the evaluation and comparison of bids, owner will determine the substantial responsive of each

bid to the bidding documents. For this purpose of this Article a substantially responsive bid is one which

conforms to all the terms and conditions of the bidding documents without material deviations or

reservations. Owner determination of bids responsiveness is to be based on the contents of the bid itself

without recourse to the extrinsic evidence.

30.6.1.3 Bidder’s bid shall be considered non-responsive and rejected, if deviations are taken in any commercial or

technical condition.

30.6.1.4 A bid determined as non – responsive will be rejected by owner and will not subsequently be allowed by

the Owner to be made responsive by the bidder by correction of the non-conformity.

30.6.1.5 Bids not confirming to technical specification / requirements will be rejected.

30.6.1.6 Conditional bids will be liable for rejection.

30.6.1.7 Qualification of Bidder for Supply of MDPE pipes shall be established based on Bid Evaluation Criteria

specified in the IFB.

30.6.2 Evaluated Prices

30.6.2.1 The price quoted in “Schedule of Rates” for Supply of MDPE Pipesinclusive of duties, taxes and

transportation charges Taxes & duties inclusive of Service Tax& VAT as applicable shall be taken up for

evaluation.

30.6.2.2 The Price evaluation will be carried out by Owner / Purchaser on line item of SOR of entire Tender for

the commercial ranking and arrivingat the lowest cost to Purchaser. However, Owner / Purchaser reserves

right to award lowest evaluated bid or rates based on the least cost to the Owner / Purchaser at its sole

discretion.

30.6.2.3 Purchaser also reserves the right to negotiate the quoted prices before award of work.

30.6.2.4 Any uncalled for lump sum / percentage or ADHOC reduction / increase in prices, offered by the bidders

after opening of the prices, shall not be considered.

30.6.2.5 Total quantities envisaged in this bid may be split for evaluation / award of work at the discretion of the

owner. However, this may be split at sole discretion of Owner Tender Committee members.

30.6.3 Comparison of prices:

The evaluated prices shall be considered for comparison among the bidders.

30.7 Placement of Orders:

Based on above, order shall be placed on lowest evaluated biddersas per SOR line item as per scope of

work either on single award or separate award basis to the bidders and on divisible basis prices, etc.

31.0 CONTACTING THE PURCHASER/ CONSULTANT

31.1 From the time of bid opening to the time of contract award, if any Bidder wishes to contact

thePURCHASER/ Consultant on any matter related to the bid, it should do so in writing.

31.2 Any effort by a Bidder to influence the PURCHASER/ Consultant in its decisions on bid evaluation, bid

comparison, or contract award may result in the rejection of the Bidder’s bid.

F. AWARD OF CONTRACT

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32.0 AWARD OF WORK

32.1 Subject to various clauses of ITB, the Purchaser/ Consultant will award the Contract to the successful

bidders whose bid have been determined to be substantially responsive, meets the technical criteria and/ or

have been determined as a lowest evaluated cost of bid and is determined to be qualified to perform the

Contract satisfactorily.

32.2 Splitting of Scope of Supply / Work: Owner / Purchaser reserve the right to split the quantities among

more than one bidder at its sole discretion without assigning any reason. Preference for placing the

significant quantum of order by Owner / Purchaser will be on the successful Bidder whose bid has been

determined to be the lowest evaluated bid.

32.3 Purchaser also reserves the right to negotiate the quoted prices before award of work.

33.0 PURCHASER’S RIGHT TO VARY QUANTITIES AT TIME OF AWARD

33.1 The PURCHASER reserves the right at the time of contract award to increase or decrease thequantity of

goods &services originally specified in the Schedule of Rates withoutany change in unit price or other

terms and conditions, during contract period.

33.2 Bidder shall note that the quantities mentioned in Schedule of Rates are tentative only. These quantities

subject to change based on actual requirement.

33.3 Owner / Purchaser at its sole discretion may consider partial Schedule of Rates based on actual

requirements.

33.4 The unit rates quoted by the Bidders shall remain fixed and firm throughout the contract period i.e. no

price adjustment shall be allowed after bid submission except as specified in the Tender Documents.

34.0 PURCHASER’S RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS

34.1 The Purchaser reserves the right to accept or reject any bid in full or part, to annul the bidding process and

reject any or all bids in full or part at any time prior to contract award, without thereby incurring any

liability to the affected Bidder or Bidders and shall also not be liable for informing any reasons to any

bidder/bidders for such rejection of bid/bids. The Purchaser also reserves the right not to accept lowest

rates quoted by the bidder.SGL’s decision in this regard shall be final and binding on all bidders.

35.0 NOTIFICATION OF AWARD

35.1 Prior to the expiration of the period of bid validity in accordance with IFB / ITB (Clause No. 13 /15), the

PURCHASER will notify the successfulBidder in writing by Fax of Intent (FOI) or registered letter or by

cable to be confirmed in writing, that its bid has been accepted.

35.2 The Delivery/ Completion period shall commence from the date of notification of award/ Fax of Intent

(FOI).

35.3 The notification of award will constitute the formation of a Contract until the Contract has been affected

pursuant to signing of Contract as per Clause-38 of ITB.

35.4 Bidder to ensure a Kick off meeting within 10 (Ten) days of issuance notification of award / FOI, at owner

office as per the agenda finalised by Owner.

35.5 Upon the successful Bidder's furnishing of order acceptance, pursuant to tender documents. The Owner /

Purchaser will promptly notify each unsuccessful Bidder and will discharge his bid security, pursuant to

ITB Clause 15.

36.0 ACCEPTANCE OF CONTRACT ORDER

36.1 Owner / Purchaser will issue the Contract / rate confirmation to the successful Bidder. Within 10 (Ten )

working days of receipt of the same, Bidder shall sign all pages and return the acceptance copy of contract

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/ rate acceptance to the Owner / Purchaser, if no communication is received within 10 (Ten ) working

Days of the receipt of such contract / rate confirmation it will be treated that contract / rate confirmation

has been accepted entirely.

37.0 CONTRACT AGREEMENT

37.1 Contract documents for agreement shall be prepared after the acceptance of bid. Until the final contract

documents are prepared and executed, this bid document together with the annexed documents,

modifications, deletions agreed upon by the Purchaser/Consultant and bidders acceptance thereof shall

constitute a binding contract between the successful Bidder and Purchaser/Consultant based on terms

contained in the aforesaid documents and the finally submitted and accepted rates.

37.2 The Contract document shall consist of the following:-

a) Original Bidding Document along with its enclosures issued.

b) Amendment / Corrigendum to original Bidding Document issued, if any

c) Fax of Intent.

d) Detailed letter of Award/Acceptance along with Statement of Agreed Variation (if any) and enclosures

attached therewith.

37.3 After the successful bidder has been notified for acceptance of his bid, the bidder is required to execute the

Contract Agreement within 15 days of receipt of Fax of Intent in the form provided in the Bidding

Documents. The Contract Agreement is to be executed on the non-judicial paper of appropriate value (the

cost of stamp paper shall be borne by the Contractor).

37.4 In the event of failure on the part of the successful bidder to sign the Agreement within the above-

stipulated period, the Bid Security shall be forfeited and the acceptance of the tender shall be considered

as cancelled.

38.0 PERFORMANCE GUARANTEE

38.1 Within 30 days of the receipt of the notification of award / FOI from the Purchaser, the successful Bidder

shall furnishIrrevocable Performance Guarantee in accordance with Clause no. 12 of General Conditions

of Contract (GCC-Goods) and as per Format F-9 provided in the bidding documents. The irrevocable bank

guarantee submitted towards Contract performance guarantee shall be in the currency of the Contract.

38.2 Pursuant to clause no. 24 of GCC-Goods, bidder will provide Performance Guarantee of 10% of Contract

Valuevalue towards faithful performance of the contractual obligations and performance of work /

equipment, as described form of tender.

38.3 The Performance Guarantee shall be in form of either Demand Draft or irrevocable Bank Guarantee and

shall be in the currency of Contract.If Performance Guarantee is in the form of irrevocable Bank

Guarantee, the same shall be from any Nationalised / Schedule bank approved by Reserve Bank of India

(RBI).

38.4 This bank guarantee shall be valid for a period as stated in Clause No. 12 of General Conditions of

Contract (GCC-Goods). The CPBG submitted should be valid for a minimum period of 3 (Three) months

beyond guarantee period.

38.5 Failure of the successful bidder to comply with the requirement of this clause shall constitute a

breach of contract, cause for annulment of the award, forfeiture of the bid security and any such remedy

the Purchaser may take under the Contract pursuant to Clause 28.1.3 of GCC-Goods.

38.6 There is no exemption to MSEs units from submission of Contract Performance Bank Guarantee (CPBG).

39.0 CORRUPT OR FRAUDULENT PRACTICES

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39.1 The Purchaser requires that Bidders/Contractors observe the highest standard of ethics during the

execution of Contract. In pursuance of this policy, the Purchaser defines, for the purpose of this provision,

the terms set forth below as follows:

i) Corrupt Practice” means the offering, giving, receiving or soliciting of anything of value to

influence the action of public official in contract execution; and

ii) “Fraudulent Practice” means a misrepresentation of facts in order to influence the execution of a

Contract to the detriment of the Purchaser, and includes collusive practice among bidders (prior

to or after bid submission) designed to establish bid prices at artificial non-competitive levels and

to deprive the Purchaser of the benefits of free and open competition.

iii) “Unfair trade practices” means execution of services different from what is ordered on, or change

in the Scope of Work which was given by Owner in tender.

iv) “Coercive Practices” means harming or threatening to harm, directly or indirectly, persons or

their property to influence their participation in the execution of contract

39.2 The Purchaser will reject a proposal for award if it determines that the bidder recommended for award has

engaged corrupt or fraudulent practices in competing for the Contract in question:

39.3 Owner will declare a firm ineligible, either indefinitely or for a stated period of time, if at any time the

Owner determines that the firm has engaged in Corrupt or Fraudulent or Unfair trade or Coercive Practices

in competing for or in executing a contract.

40.0 WAIVER OR TRANSFER OF THE AGREEMENT

40.1 The successful bidder shall not waive the Agreement or transfer it to third parties, whether in part or in

whole, nor waive any interest that is included in the Agreement without the prior written permission of the

Purchaser.

41.0 INCOME TAX LIABILITY

41.1 The Bidder will have to bear all income tax liability, both Corporate as well as for his personnel.

42.0 ORDER OF PRECEDENCE

42.1 The Articles contained in this Section shall supplement to the Special Conditions of Contract and General

Conditions of Contracts – Goods. Where any portion of Special Conditions of Contracts and General

Conditions of Contract – Goods is repugnant or at variance with any provisions of Instructions to Bidders.

Instructions to Bidders shall be deemed to over-ride the provision(s) of and General Conditions of

Contract and Special Conditions of Contract only to the extent that such repugnancies of variations

in Instructions to Bidders are not possible of being reconciled with the provisions of Special Conditions of

Contract and General Conditions of Contract – Goods.

42.2 If any technical requirement mentioned in tender document is at variance with requirement of PNGRB and

PESO, PNGRB and PESO requirement over - ride the technical requirements specified in tender document

43.0 UNSOLICITED POST TENDER MODIFICATIONS

43.1 Bidders are advised to quote as per terms and conditions of the Bidding Document and not to stipulate

deviations/ exceptions. Once quoted, the bidder shall not make any subsequent price changes, whether

resulting or arising out of any technical/ commercial clarifications and details sought on any deviations,

exceptions or stipulations mentioned in the bid unless any amendment to Bidding Document is issued by

Purchaser/ Consultant. Similarly, no revision in quoted price shall be allowed should the deviations

stipulated by him are not accepted by SGL and are required to be withdrawn by him in favour of

stipulation of the Bidding Document. Any unsolicited proposed price change is likely to render the bid

liable for rejection.

44.0 GST INPUT CREDIT

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44.1 Bidders shall provide required documents for GST input credit as per GST regulations. In case bidder fails

to provide the required documents, the equivalent amount shall be deducted from due payment of bidder.

45.0 SUBMISSION OF FLASE/ FORGED DCOUMENTS

a) Bidder is required to furnish the complete and correct information / documents required for evaluation

of their bids. If the information/ documents forming basis of evaluation is found to be false / forged,

the same shall be considered adequate ground for rejection of the Bids and forfeiture of Earnest

Money Deposit.

b) In case, the information / documents furnished by the vendor/contractor, forming basis of evaluation

of his bid is found to be false / forged after the award of the contract, Purchaser shall have full right to

terminate the contract and get the remaining job executed at the risk & cost of such vendor/contractor

without any prejudice to other rights available to Purchaser under the contract such as forfeiture of

CPBG/Security Deposit, withholding of payment etc.

c) In case the issue of submission of false documents comes to the notice after execution of work, SGL

shall have full right to forfeit any amount due to the vendor/contractor along with forfeiture of

CPBG/Security Deposit furnished by the vendor/contractor.

d) Further, such bidder/vendor/contractor shall be put on Banned/Holiday List of SGL debarring

them from future business with Purchaser.

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SABARMATI GAS LIMITED (SGL)

TENDER FOR SUPPLY OF MDPE PIPES (ARC)

SECTION - III

GENERAL CONDITIONS OF CONTRACT (GCC- GOODS)

1 16.02.2018 Issued for RFP BP AS PP

0 14.02.2018 Draft issued for comment BP AS PP

Rev Date Subject of Revision Prepared By Checked By Approved By

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TABLE OF CONTENTS

SECTION - III GENERAL CONDITIONS OF CONTRACT (GCC- GOODS) .......................................... 1

1.0 DEFINITION ....................................................................................................................... 4

2.0 SELLER TO INFORM ........................................................................................................... 5

3.0 APPLICATION ..................................................................................................................... 5

4.0 COUNTRY OF ORIGIN ........................................................................................................ 5

5.0 SCOPE OF CONTRACT ......................................................................................................... 6

6.0 STANDARDS ....................................................................................................................... 6

7.0 INSTRUCTIONS, DIRECTION & CORRESPONDENCE ......................................................... 6

8.0 CONTRACT OBLIGATION .................................................................................................... 7

9.0 MODIFICATION IN CONTRACT .......................................................................................... 7

10.0 USE OF CONTRACT DOCUMENTS & INFORMATION .......................................................... 7

11.0 PATENT RIGHTS LIABILITY & COMPLIANCE OF REGULATIONS ....................................... 7

12.0 PERFORMANCE GUARANTEE ............................................................................................. 8

13.0 INSPECTION, TESTING & EXPEDITING ............................................................................. 8

14.0 TIME SCHEDULE & PROGRESS REPORTING ...................................................................... 9

15.0 DELIVERY & DOCUMENTS ............................................................................................... 10

16.0 TRANSIT RISK INSURANCE ............................................................................................. 11

17.0 TRANSPORTATION .......................................................................................................... 11

18.0 INCIDENTAL SERVICES ................................................................................................... 11

19.0 SPARE PARTS, MAINTENANCE TOOLS, LUBRICANTS ...................................................... 12

20.0 GUARANTEE ...................................................................................................................... 12

22.0 PRICES .............................................................................................................................. 14

23.0 SUBLETTING & ASSIGNMENT .......................................................................................... 14

24.0 TIME AS ESSENCE OF CONTRACT .................................................................................... 14

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25.0 DELAYS IN THE SELLER’S PERFORMANCE ...................................................................... 14

26.0 PRICE REDUCTION SCHEDULE FOR DELAYED DELIVERY ................................................ 15

27.0 REJECTIONS, REMOVAL OF REJECTED EQUIPMENT & REPLACEMENT ........................... 15

28.0 TERMINATION OF CONTRACT ......................................................................................... 16

29.0 FORCE MAJEURE .............................................................................................................. 17

30.0 RESOLUTION OF DISPUTE / ARBITRATION .................................................................... 17

31.0 GOVERNING LANGUAGE .................................................................................................. 18

32.0 NOTICES .......................................................................................................................... 18

33.0 TAXES & DUTIES ............................................................................................................... 18

34.0 BOOKS & RECORDS ......................................................................................................... 18

35.0 PERMITS & CERTIFICATE ................................................................................................ 19

36.0 GENERAL .......................................................................................................................... 19

37.0 IMPORT LICENSE .............................................................................................................. 19

38.0 FALL CLAUSE ..................................................................................................................... 19

39.0 PUBLICITY & ADVERTISING ........................................................................................... 19

40.0 REPEAT ORDER ................................................................................................................ 20

41.0 LIMITATION OF LIABILITY ............................................................................................. 20

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1.0 DEFINITION

In this document,General Conditions of Contract (GCC-Goods), the following terms shall have the

followingrespective meanings

1.0 BIDDER:Designatestheindividualorlegalentitywhich hasmadea proposal,atenderora bidwiththeaimof

concludingaContractwiththePURCHASER.

1.1 CONSULTANT [if engaged]shall mean M/s Tractebel Engineering Pvt. Ltd having its officeat Intec House,

37, Institutional Area, Sector 44, Gurgaon-122002,INDIA.Theterm consultant

includessuccessors,assignsofM/sSGL Limited.

1.2 CONTRACT shallmeanPurchase Order/Contract and all attached exhibits and documents referred to therein

and all terms and conditionsthereof together with any subsequentmodifications thereto.

1.3 CONTRACT PRICEshall mean thepricepayable to the SellerundertheContract for the fulland proper

performanceofhis contractual obligations.

1.4 COMPLETION DATEshall mean thedateonwhich the goodsaresuccessfully commissionedbytheSeller and

handed overto the PURCHASER.

1.5 COMMERCIAL OPERATION shall mean thecondition of the operationin whichthe completeequipment

covered undertheContractisofficially declaredby the PURCHASER tobeavailableforcontinuous operation at

different loads upto and including rated capacity.

1.6 DELIVERY termsshallbeinterpretedasperINCO TERMS2000 incaseof Contractwitha foreignBidderandas the

dateofLR/GRin thecaseofa contractwithan Indian Bidder.

1.7 DRAWINGS shallmeanand includeEngineering drawings,sketchesshowingplans,sections and elevations

in relation to theContract together with modificationsand/orrevisions thereto.

1.8 ENGINEER or Engineer-in-Charge of the Project SITE shall mean theperson designated fromtime totime

by PURCHASER/CONSULTANT at SITE and shall include thosewhoareexpresslyauthorizedbyhim

toactfor and onhisbehalffor operation of this CONTRACT.

1.9 FINAL ACCEPTANCEshallmean the PURCHASER’swritten acceptance oftheWorks performedunder

theContractaftersuccessful completionof performance and guarantee test

1.10 GOODS shall mean articles, materials, equipment, design anddrawings,dataand other propertyto be supplied

by Seller to complete the contract.

1.11 INSPECTOR shallmeananypersonoroutside Agencynominated byPURCHASER/CONSULTANTthrough

CONSULTANTto inspectequipment,stage wise as well as final,beforedispatch,atSELLER’s works andon

receipt atSITEasperterms of the CONTRACT.

1.12 INITIAL OPERATION shall mean the first integral operationof thecompleteequipmentcoveredunder the

Contractwith sub-systems andsupporting equipment in service oravailablefor service.

1.13 OWNER / PURCHASER shall mean Sabarmati Gas limited(SGL)havingitsregisteredofficeat Sabarmati Gas

Limited,Plot No.: 907,Sector – 21,Gandhinagar – 382021, Gujarat, INDIA. Theterm PURCHASER

includessuccessors,assignsofSGL.

1.14 PERFORMANCE ANDGUARANTEE TESTS shallmeanalloperational checksand testsrequired todetermine

anddemonstratecapacity, efficiencyandoperating characteristicsasspecifiedinthe Contract documents.

PROJECTdesignatesthe aggregate of the Goods and/or

Services tobeprovidedbyoneormore Contractors.

Quantities–Billsof quantities

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Bills of quantities

Designate the quantity calculationsto be taken into account when these calculations are made from detailed

or construction drawings, or from work actually performed, and presentedaccording toa

jointly agreed breakdownof the Goodsand/or Services.

1.15 SELLER shall mean the person, firm or company with whom PURCHASE ORDER/CONTRACT is

placed/entered intobyPURCHASER for supplyofequipment, materials andservices. Theterm Sellerincludes its

successors and assigns.

1.16 SERVICE shall mean erection, installation, testing, commissioning, provision of technical assistance,

training and othersuchobligations ofthe Seller covered under the Contract

1.17 SITEdesignatesthe landand/oranyotherpremiseson, under, in or across which the Goods and/or Services have

to be supplied, erected, assembled, adjusted, arrangedand/orcommissioned

1.18 SPECIFICATIONS shall m e a n a n d include schedules, details, description,

statementoftechnical data, performancecharacteristics,standards(Indianas wellas

International)asapplicableandspecifiedintheContract

1.19 SUB-CONTRACT s h a l l meanorderplaced bytheSeller, foranyportionofthecontracted work,afternecessary

consentandapprovalofPURCHASER

1.20 SUB-CONTRACTOR shallmeanthepersonnamedinthe CONTRACT foranypartoftheworkoranyperson

towhomanypartoftheCONTRACT hasbeensub-letby theSELLERwiththeconsentin writingof the

CONSULTANT/PURCHASER andwillincludethelegal representatives, successors, and permitted assigns of

suchperson

1.21 START-UP shallmeanthetimeperiodrequiredtobring the Equipmentsc o v e r e d underthe Contract froman

inactive condition, when construction is essentially completetothestateof readinessfortrialoperation.The

start-up period shallinclude preliminary inspection and check out of equipment and supporting subsystems,

initial operation of the complete equipmentscovered underthe Contracttoobtainnecessarypre-trial

operationdata,performcalibrationand correctiveaction, shutdowninspectionandadjustmentpriorto thetrial

operationperiod

1.22 TESTS shall mean such process or processes to be carriedoutbytheSellerasareprescribedintheContract or

considerednecessarybyPURCHASERorhis representativeinorderto ascertainquality, workmanship,

performance andefficiency ofequipment orpartthereof

1.23 TESTS ON COMPLETION shall mean such tests as prescribedin the ContracttobeperformedbytheSeller

beforetheWorksaretakenoverbythePURCHASER

2.0 SELLER TO INFORM

2.1 The Seller shall be deemed to have carefully examined all contract documents to his entire satisfaction. Any

lack of information shall not in any way relieve the Seller of his responsibility to fulfill his obligation under the

Contract.

3.0 APPLICATION

3.1 These General Condition of Contract (GCC-Goods) shall apply to the extent that they are not superseded by

provisions of other parts of the Contract.

4.0 COUNTRY OF ORIGIN

4.1 For purposes of this Clause “origin” means the place where the Goods were mined, grown or produced, or from

which the services are supplied. Goods are produced when, through manufacturing, processing or substantial

and major assembling of components, a commercially recognized new product results that is substantially

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different in basic characteristics or in purpose or utility from its components.

5.0 SCOPE OF CONTRACT

5.1 ScopeoftheCONTRACTshallbe asdefinedinthe PURCHASE O R D E R /CONTRACTspecifications,

d r a w i n g s andAnnexurethereto.

5.2 Completenessofthe EQUIPMENTshallbetheresponsibilityof theSELLER.Anyequipment,fittingsand accessories

whichmaynotbespecifically mentioned in the specifications ordrawings, butwhich areusual or necessary

forthesatisfactoryfunctioningof the equipment (successful operation andfunctioning ofthe

EQUIPMENTbeing SELLER’s responsibility) shall be providedbySELLERwithoutanyextracost.

5.3 TheSELLERshallfollowthebestmodernpracticesin the manufacture ofhighgradeEQUIPMENT

notwithstandinganyomission inthespecifications. Thetrueintentand meaningofthesedocuments

isthatSELLERshallinall respects,design,engineer, manufacture andsupplythe equipment in a thorough

workmanlike manner and supply the same in prescribed time to the entire satisfactionofPURCHASER.

5.4 TheSELLER shallfurnish twelve(12)copies inEnglish languageofTechnicaldocuments,final

drawingspreservationinstructions,operationand maintenance manuals, testcertificates, sparepartscatalogues

forall equipmentstothePURCHASER.

5.5 Thedocuments oncesubmitted bytheSELLERshallbe firmandfinalandnotsubject tosubsequent changes.

TheSELLERshallberesponsiblefor anylossto the PURCHASER/CONSULTANTconsequentto furnishingof

incorrectdata/drawings.

5.6 Alldimensionsandweightshouldbeinmetricsystem

5.7 Allequipmenttobe suppliedandworkto becarriedout undertheCONTRACT shallconformtoandcomplywith

theprovisionsofrelevant regulations/Acts(State Government or Central Government) as may be

applicable to the type of equipment/work carried out and necessarycertificatesshallbefurnished.

5.8 The Seller shall provide cross sectional drawings, whereverapplicable, toidentifythesparepartnumbers

andtheirlocation.Thesizeof bearings,theirmakeand numbershallbefurnished.

5.9 Specifications,designanddrawingsissuedtotheSELLER along withRFQandCONTRACTarenotsoldor givenbut

loaned.Theseremain property of PURCHASER/CONSULTANToritsassignsandaresubject

torecallbyPURCHASER/CONSULTANT.TheSELLERand hisemployeesshallnotmakeuseof thedrawings,

specifications andtechnicalinformation foranypurpose at any time except for manufacture against the

CONTRACT and shall not disclose the same to any person,firmorcorporate body, without written

permissionof PURCHASER/CONSULTANT.Allsuchdetails shallbekeptconfidential.

5.10 SELLER shall pack, protect, mark and arrange for Dispatchof EQUIPMENTasperinstructionsgiveninthe

CONTRACT.

6.0 STANDARDS

6.1 TheGOODSsuppliedundertheCONTRACTshallconform to thestandardsmentionedin theTechnical

Specifications, or such other standards which ensure equal or higher quality, and when noapplicable

standardis mentioned,totheauthoritativestandard appropriate totheGOODS’ country oforigin andsuch standards

shall bethe latest issued bythe concerned institution.

7.0 INSTRUCTIONS, DIRECTION & CORRESPONDENCE

7.1 The materials described in the CONTRACT are to be suppliedaccordingto thestandards,datasheets,tables,

specificationsand drawingsattachedtheretoand/or enclosedwiththeCONTRACTitselfandaccordingto all

conditions, bothgeneral andspecificenclosed withthe contract,unlessanyor allofthemhavebeenmodifiedor

cancelledinwritingasawholeorinpart.

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a. AllinstructionsandorderstoSELLERshall,excepting whatishereinprovided,begivenby

PURCHASER/CONSULTANT.

b. Alltheworkshallbecarriedoutunderthedirection of andto thesatisfaction of

PURCHASER/CONSULTANT.

c. All communications including technical/commercialclarifications and/orcommentsshallbeaddressedto

CONSULTANTinquintuplicatewitha copyto PURCHASER andshallalwaysbearreferencetothe

CONTRACT

d. Invoices for payment against CONTRACT shall be addressedtoPURCHASER.

e. The CONTRACT number shall be shown on allinvoices, communications, packing lists, containers

andbillsoflading,etc.

8.0 CONTRACT OBLIGATION

8.1 If after award of the contract, the Seller does not acknowledge thereceiptofawardorfailstofurnishthe

performance guaranteewithintheprescribed timelimit, thePURCHASERreservestherightto cancelthecontract

andapplyallremediesavailabletohimundertheterms andconditionsofthiscontract

8.2 Onceacontractisconfirmedandsigned,thetermsand conditions contained thereinshalltakeprecedence over

theSeller’sbidandallpreviouscorrespondence.

9.0 MODIFICATION IN CONTRACT

9.1 Allmodifications leading tochanges intheCONTRACT withrespectto technicaland/orcommercialaspects

includingtermsof delivery,shallbeconsideredvalidonly whenaccepted

inwritingbyPURCHASER/CONSULTANT byissuing amendment totheCONTRACT. Issuance of acceptance

orotherwiseinsuchcasesshallnotbeany ground forextension ofagreed delivery dateandalso shall not affect the

performance of contract in any mannerexceptto theextentmutuallyagreedthrougha modificationofcontract.

9.2 PURCHASER/CONSULTANT shall not be bound by any printed conditions or provisions in the SELLER’s

Bid Forms or acknowledgment of CONTRACT, invoices, packing list and other documents which purport

to imposeanyconditions atvariancewithorsupplemental toCONTRACT.

10.0 USE OF CONTRACT DOCUMENTS & INFORMATION

10.1 The Sellershallnot,withoutthe PURCHASER’s/CONSULTANT’sprior written consent,

disclosetheCONTRACToranyprovisionthereof,or any specification,plan, drawing,pattern, sample or

informationfurnishedbyoronbehalfofthePURCHASER in connection therewith, to any person other than a

personemployed bytheSELLERintheperformance of theCONTRACT.Disclosureto any suchemployedperson

shallbemadeinconfidenceandshallextendonlysofar asmaybenecessaryforpurposeofsuchperformance.

10.2 TheSELLER shallnot,without thePURCHASER’s prior written consent, make use of any document or

information enumerated in Article 10.1. except for purposeofperformingtheCONTRACT.

11.0 PATENT RIGHTS LIABILITY &COMPLIANCE OF REGULATIONS

11.1 SELLER hereby warrants that the use or sale of the materials delivered hereunder willnotinfringeclaimsof

anypatentcoveringsuchmaterialandSELLERagreesto beresponsibleforandtodefendathissoleexpenseall

suitsandproceedingsagainstPURCHASERbasedon any such alleged patent infringement andtopayallcosts,

expensesand damageswhichPURCHASERand/or CONSULTANTmayhavetopayor incurbyreasonof any

suchsuitorproceedings.

11.2 TheSELLERshallindemnify thePURCHASER againstallthirdpartyclaimsofinfringement ofpatent,trademark

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orindustrialdesignrightsarisingfromuseoftheGOODS oranypartthereofinthePURCHASER’scountry.

11.3 SELLER shall also protect and fully indemnify thePURCHASERfrom any claimsfromSELLER’S

workmen/employeesor their heirs,dependants, representatives,etc.or fromanyotherperson/personsor

bodies/companiesetc.foranyactsof commissionsor omissionwhileexecutingtheCONTRACT.

11.4 SELLER shall be responsible for compliance with allrequirements under the laws and shall protect and

indemnify completely the PURCHASER from any

claims/penaltiesarisingoutofanyinfringements.

12.0 PERFORMANCE GUARANTEE

12.1 Within 21 days after the SELLER’s receipt of notificationofaward of the CONTRACT, the SELLER shall

furnish PerformanceGuaranteein theform of Bank Guarantee/irrevocableLetter of Credit tothe

PURCHASER,in theformprovidedin theBidding Documents, for an amount equivalent to 10% of the

totalvalueoftheCONTRACT or call out order.

12.2 The proceeds of Performance Guarantee shall be appropriated by the PURCHASER as compensation for

anylossresultingfromtheSELLER’sfailuretocomplete his obligationsundertheCONTRACTwithoutprejudiceto

anyoftherightsorremedies thePURCHASER maybe entitled toasperterms andconditions ofCONTRACT.

Theproceeds ofthisPerformance Guarantee shallalso govern the successful performance of Goods and

Services during the entire period of Contractual Warrantee/Guarantee.

12.3 The performance guarantee shall be denominated in the currency of the CONTRACT.

12.4 The Performance Guarantee shall be validfor the durationof90 daysbeyond the expiry of

Warrantee/Guarantee period. The Bank Guarantee will bedischarged byPURCHASER notlaterthan6 months

from the date of expiration of the Seller’s entire obligations, including any warrantee obligations, under

the CONTRACT.

13.0 INSPECTION, TESTING &EXPEDITING

13.1 ThePURCHASERoritsrepresentativeshallhavetheright toinspect and/or totest the GOODS to confirm their

conformity totheCONTRACT specifications. Thespecial conditionsofCONTRACTand/ortheTechnical

Specificationsshall specifywhatinspectionsand tests the PURCHASER requires and where they are to be

conducted. ThePURCHASER shallnotifytheSELLER in writingtheidentityofanyrepresentative(s) retainedfor

thesepurposes.

13.2 The inspections and tests may be conducted on the premisesoftheSELLERorhissub-contractor(s), atpoint of

DELIVERY and/or at the GOODS’ final destination, Whenconducted onthepremises oftheSELLERorhis sub-

contractor(s),all reasonablefacilitiesandassistance including access to the drawings and production data

shallbefurnishedtotheinspectorsat nochargetothe PURCHASER.

13.3 ShouldanyinspectedortestedGOODSfailtoconformto thespecifications, thePURCHASER mayrejectthemand

theSELLER shalleitherreplacetherejected GOODSor makeallalterationsnecessaryto meetSpecifications’ requirements,freeofcosttothePURCHASER.

13.4 The PURCHASER’s right to inspect, test and wherenecessaryrejecttheGOODSaftertheGOODS’arrivalin

thePURCHASER’s countryshallinnowaybelimitedor waivedby reasonof theGOODShavingpreviouslybeen

inspected, tested and passed by the PURCHASER, or theirrepresentative priortotheGOODS shipment from

thecountryoforigin.

13.5 The INSPECTOR shall follow the progress of the manufacture of the GOODS under the CONTRACT to

ensurethattherequirements outlinedintheCONTRACT are not being deviated with respect to schedule and

quality.

13.6 SELLER shall allow the INSPECTOR to visit, during workinghours,theworkshops relevantforexecution of

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theCONTRACT during theentire period ofCONTRACT validity.

13.7 In order to enable PURCHASER’s representatives to obtainentry visas in time,SELLERshallnotify

PURCHASERtwo monthsbeforeassembly,testingand packingofmainEQUIPMENT.If requested,SELLERshall

assist PURCHASER’s representatives ingetting visas in the shortest possible time (applicable only in case of

foreignorder).

13.8 SELLER shall place at the disposal of the INSPECTOR free of charge, all tools, instruments, and other

apparatus necessary for the inspection and/ or testing of the goods. The inspector is entitled to prohibit the use

and Dispatch of goods and/or materials, which have failed to comply with the characteristics required for the

goods during tests and inspections.

13.9 SELLER shall advise in writing of any delay in the inspection program atthe earliest, describing indetail

thereasonsfordelayandtheproposedcorrectiveaction,

13.10 ALLTESTS andtrialsingeneral, including thosetobe carried outformaterials notmanufactured bySELLER shall

be witnessed by the INSPECTOR. Therefore, SELLER shall confirm to PURCHASER byfax ore-mail

abouttheexactdateof inspectionwithatleast30days notice.SELLER shallspecifytheGOODS andquantities

readyfortestingandindicatewhether apreliminary or finaltestistobecarriedout.

13.11 If onreceiptofthisnotice,PURCHASERshouldwaivethe righttowitnessthetest,timely informationwillbe

givenaccordingly.

13.12 Anyandallexpenses incurredinconnection withtests, preparationof reportsandanalysismadeby qualified

laboratories,necessarytechnical documents,testing documents anddrawingsshallbeatSELLER’scost.The

technicaldocumentsshallincludethe referenceand numbersofthestandardsusedintheconstruction and,

whereverdeemedpractical bytheINSPECTOR, copyof suchstandards.

13.13 NothinginArticle-13shallinanywayreleasetheSELLERfrom any warrantee or other obligations under

thisCONTRACT.

13.14 Arrangements for all inspections required by Indian StatutoryAuthoritiesandasspecifiedin technical

specificationsshallbemadebySELLER.

13.15 Inspection & Rejection of Materials by consignees

When materials are rejected by the consignee, the SELLER shall be intimated with the details of such rejected

materials, as well as the reasons for their rejection, also giving location where such materials are lying at eh risk

and cost of the contractor/SELLER. The SELLER will be called upon either to remove the materials or to give

instructions as to their disposal within 14 days and in the case of dangerous, infected and perishable materials

within 48 hours, failing which the consignee will either return the materials to the contractor freight to pay or

otherwise dispose them off at the contractors risk and cost. The Purchaser shall also be entitled to recover

handling and storage charges for the period, during which the rejected materials are not removed @5% of the

value of materials for each month or part of a month till the rejected materials are finally disposed off.

13.16 Inspection charges of TPIA shall be borne by SGL.

14.0 TIME SCHEDULE &PROGRESS REPORTING

14.1 Time Schedule Network/Bar Chart

14.1.1 Together with the Contract confirmation, SELLER shall submit to PURCHASER, histim eschedule regarding

the documentation ,manufacture testing, supply, erection and commissioning of theGOODS

14.1.2 The time schedule will be in the form of a network or a bar chart clearly indicating all main or key events

regarding documentation, supply of raw materials, manufacturing, testing, delivery, erection and

commissioning.

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14.1.3 The original issue and subsequent revisions of SELLER’s time schedule shall be sent to Purchaser.

14.1.4 The time schedule network/bar chart shall be updatedatleasteverysecondmonth.

14.2 Progress Trend Chart / Monthly Report

14.2.1 SELLER shall report monthly to PURCHASER, on the progress of the execution of CONTRACT and

achievement of targets set out in time barchart.

14.2.2 Theprogresswillbeexpressedin percentagesas shown inthe progress trend chart attached to

theTimeSchedulespecification.

14.2.3 The first issue of the Progress Trend Chart will be forwarded together with the time bar chart along with

contract confirmation.

14.3.1 PURCHASER’s/CONSULTANT’s representatives shallhavetherightto inspectSELLER’spremises

withaviewtoevaluating theactualprogressof workonthebasisof SELLER’stimeschedule documentation.

14.3.2 Irrespective of such inspection, seller shall advise consultant, with copy to purchaser, at the earliest possible

date of any anticipated delay in the progress.

14.3.3 Notwithstanding the above, in case progress on the execution of contract at various stages is not as per phased

time schedule and is not satisfactory in the opinionof thePURCHASER/CONSULTANTwhichshallbe

conclusive or SELLERshall neglect to execute the CONTRACTwithduediligenceandexpeditionor shall

contravene theprovisions oftheCONTRACT, PURCHASER/CONSULTANTmaygivenoticeofthesame

inwritingtotheSELLERcallinguponhimtomakegood the failure, neglect or contravention complained of.

ShouldSELLERfail to complywithsuchnoticewithinthe periodconsideredreasonablebyPURCHASER/

CONSULTANT, the PURCHASER/ CONSULTANT shall havetheoptionandbeat libertyto

taketheCONTRACT wholly orinpartoutoftheSELLER’s hand andmake alternativearrangementsto

obtaintherequirementsand completion ofCONTRACT attheSELLER’sriskandcost

andrecoverfromtheSELLER,allextracostincurredby the PURCHASER on this account. In such

event.PURCHASER/CONSULTANTshall not be responsible for

anylossthattheSELLERmayincurandSELLERshallnot beentitledtoanygain. PURCHASER/CONSULTANT

shall, in addition, have the right to encash Performance Guaranteeinfullorpart

15.0 DELIVERY & DOCUMENTS

15.1 DeliveryoftheGOODSshallbemadebytheSELLER inaccordancewithtermsspecifiedintheCONTRACT

thegoodsshallremainattheriskoftheSELLER deliveryhasbeencompleted

15.2 Deliveryshallbedeemedtohavebeenmade:

a) InthecaseofFOB,CFR&CIFContracts,whenthe Goodshavebeenput onboardtheship,at the

specifiedportofloadinganda cleanBillofLadingis obtained. The date of Bill of Lading shall be

consideredasthedeliverydate.

b) IncaseofFOTDispatchpointcontract(ForIndian bidder), on evidence that the goods have been

loadedonthecarrierandanegotiable copyofthe GOODSreceiptobtained. ThedateofLR/GRshall

beconsideredasthedateofdelivery

c) IncaseofFOTsite(forIndianbidders)onreceiptof goodsby PURCHASER/Consultantat thedesignated

site(s)

15.3 Thedeliverytermsare bindingandessentialand consequently,nodelayis allowedwithoutthewritten

approvalofPURCHASER/CONSULTANT. Anyrequest concerningdelaywillbe voidunlessacceptedby

PURCHASER/CONSULTANTthrougha modificationtothe CONTRACT.

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15.4 Delivery time shall include time for submission ofdrawings for approval, incorporation of comments, if

any, andfinalapprovalofdrawingsby PURCHASER/CONSULTANT.

15.5 In the event of delay in delivery, price reduction schedule as stipulated in Article -26 shall apply.

15.6 The documentation, in English language, shall be delivered in due time, in proper; form and in the required

number of copies as specified in the contract.

15.7 The additional copies of final drawings and instructions will be included in the package of goods, properly

enveloped and protected.

15.8 The seller should comply with the packing, marking and shipping documentation specifications enclosed.

16.0 TRANSIT RISK INSURANCE

16.1 All goods supplied under the contract shall be fully insured inafreelyconvertible currency against lossor

damageincidentaltomanufactureoracquisition, transportation,storageanddelivery

16.2 WheredeliveryisonFOB orCFRbasis,marineinsurance shallbetheresponsibilityofthePurchaser

InsuranceRequirements: Indigenous Bidders :T ransitriskinsurance from F.O.T.dispatch point onwardsshall be arrangedand borneby

Bidder.

ForeignBidders:Marineinsuranceaswellas transitinsurancein Purchaser’s country shall be arranged and

bornebyBidder.

The SELLER shall ensure that ineffecting Dispatchof materials, the primary responsibility ofthecarriers for

safe movement is always retained so that the PURCHASER’s

interestsarefullysafeguarded andarein nowayjeopardized. TheSellershallfurnishthecostof

materialsagainsteachequipment

17.0 TRANSPORTATION

17.1 WheretheSELLERisrequired undertheCONTRACT to deliver theGOODS FOB, transport oftheGOODS until

delivery,thatis,uptoandincludingthepointofputting the GOODS on board the export conveyance at the

specifiedportofloading,shallbearrangedandpaidfor bytheSELLERandthecostthereofshallbeincludedin

theContractprice.

17.2 WheretheSELLERisrequired undertheCONTRACT to delivertheGOODSCFRorCIF,transportoftheGoodsto

theportofdischargeorsuchotherpointinthecountry of destination as shall be specified in the CONTRACT

shallbearranged andpaidforbytheSELLER andthe costthereofshallbeincludedintheContractprice.

18.0 INCIDENTAL SERVICES

18.1 TheSellermayberequiredtoprovideanyorallofthe followingservices.

18.1.1 Performance or supervision of onsite assembly and/or start-up ofthesuppliedGoods.

18.1.2 Furnishing tools required for assembly and/or maintenanceofthesuppliedGoods.

18.1.3 Performanceorsupervisionormaintenanceand/orrepair ofthesuppliedGoods,fora periodoftimeagreedbythe

parties, provided thatthisservice shall notrelieve the Sellerofanywarrantee/guarantee obligations underthe

Contract.

18.1.4 TrainingofthePurchaser’spersonnelattheSeller’splant and/or atSite, inassembly,start-upoperation,

maintenance and/orrepairofthe suppliedGoodsatno extra cost.However, Purchaser will bear boarding,

lodging&personalexpensesofTrainees.

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18.2 PriceschargedbytheSellerfortheprecedingincidental services,shallnot exceedtheprevailingrateschargedto

otherpartiesbytheSellerforsimilarservices.

18.3 Whenrequired, Sellershalldeputenecessary personnel forsupervision and/orerectionoftheEquipment atsite for

duration tobespecified byPurchaser on mutually agreed terms. Seller’s personnel shall beavailable at

Sitewithinsevendaysfor emergencyactionandtwenty- onedaysfor mediumandlong-termassistance,fromthe

dateofnoticegivenbyPurchaser.

18.4 Thecostofincidental services shallnotbeincluded in the quoted prices. The cost of applicable incidental

services should be shown separately in the price schedules

19.0 SPARE PARTS, MAINTENANCE TOOLS, LUBRICANTS

19.1 Seller may be required to provide any or all of the following materials and notification pertaining tospare

partsmanufacturedordistributedbytheSeller.

19.1.1 SuchsparepartsasthePurchasermayopttopurchase fromthe Seller,provided thathisoptionshallnot

relievetheSellerofany warrantee obligations undertheContract,and

19.1.2 Intheeventoftermination ofproduction ofthespare parts

i. Advance notification to the Purchaser of the pendingtermination, insufficient timetopermit

thePurchaser toprocure needed requirements, and

ii) Followingsuchtermination,furnishingatnocost tothePurchaser, theblueprints,drawings and

specificationsofthespareparts,if anywhen requested

19.2 Sellershallsupplyitemwiselistwithvalueofeachitem of spare parts and maintenance tools requirements, along

with full details of manufacturers/vendors for suchspares/maintenance toolsfor:

19.2.1 Theconstruction,executionandcommissioning.

19.2.2 2yearsoperationandmaintenance

19.3 Sparepartsshallbenewandoffirstclassqualityasper engineering standards/codes,freeofanydefects(even

concealed),deficiencyindesign,materialsand workmanshipand alsoshallbecompletely

interchangeablewiththecorrespondingparts

19.4 Typeandsizesofbearingsshallbeclearlyindicated.

19.5 Spare parts shall be packed for long storage under tropical climatic conditions in suitable cases, clearly

markedastointendedpurpose.

19.6 A listofspecialtoolsandgaugesrequired fornormal maintenance andspecialhandlingandliftingappliances,

ifany,fortheGoodsshallbesubmittedtoPurchaser.

19.7 Bidder should note that if they do not comply with clause 19.2 above, their quotation may be rejected.

19.8 Lubricants

19.8.1 Whenever lubricants are required, Seller shall indicate thequantityof lubricantsrequiredforthefirstfilling,the

frequency of changing, the quantity of lubricants requiredfor theoneyear’scontinuousoperationandthe

typesof recommended lubricantsindicating the commercialname(trade-mark),qualityandgrade.

19.8.2 If Selleris unabletorecommendspecificoil,basic recommended characteristics ofthe lubricants shall be given.

19.8.3 Seller shall indicate various equivalent lubricants availableinIndia.

20.0 GUARANTEE

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20.1 All Goods or Materials shall be supplied strictly in accordance with the specifications, drawings, data

sheets,otherattachments andconditions statedinthe Contract.

No deviation from such specifications or alterations or of these conditions shall be made without

PURCHASER’s/CONSULTANT’s agreement in writing which must be obtained before any work against the

order is commenced. All materials supplied by the SELLER pursuant to the Contract (irrespective of whether

engineering, design data or other information has been furnished, reviewed or approved by

PURCHASER/CONSULTANT) are guaranteed to be of the best quality of their respective kinds (unless

otherwise specifically authorized in writing by PURCHASER/CONSULTANT) and shall be free from faulty

design, workmanship and materials, and to be of sufficient size and capacity and of proper materials so as to

fulfill in all respect all operating conditions, if any , specified in the Contract.

If any trouble of defect, originating with the design, material, workmanship or operating characteristics of any

materials , arises at any time prior to twelve (12) months fromthedateofthefirstcommercial operation ofthe Plant

for which the materials supplied under the Contractforma partthereof,ortwentyfour(24)months from

the date oflastshipment whichever period shall firstexpire,andtheSELLERisnotifiedthereof,SELLER

shall,athisownexpense andaspromptly aspossible, makesuchalterations,repairsandreplacements asmay be

necessary to permit the materials to function in accordance with the specifications and to fulfil the

foregoingguarantees.

PURCHASER/CONSULTANT may, athis option, remove suchdefective materials, atSELLER’S

expenseinwhich eventSELLERshall,without cost to PURCHASER/CONSULTANTandaspromptlyas

possible, furnish and install proper materials.Repaired or replaced materials shallbesimilarly

guaranteedbythe SELLERfora periodofnolessthantwelve(12)months fromthedateofreplacement/repair.

Intheeventthatthematerialssupplieddonotmeetthe specificationsand/ornotin accordancewiththedrawings

datasheetsorthetermsoftheContractandrectification is requiredat

site,PURCHASER/CONSULTANTshallnotify theSELLERgivingfulldetailsof differences. TheSELLER

shallattendthesitewithinseven(7)daysofreceiptof suchnoticetomeetandagreewithrepresentatives of

PURCHASER/CONSULTANT,the action required to correctthedeficiency.

ShouldtheSELLERfailtoattend meetingat Sitewithinthetimespecifiedabove,

PURCHASER/CONSULTANTshallimmediately rectify the work/materials

andSELLERshallreimbursePURCHASER allcostsandexpensesincurredinconnection withsuch

troubleordefect.

20.2 PERFORMANCE GUARANTEE OF EQUIPMENT

20.2.1 SELLERshallguaranteethattheperformanceof the EQUIPMENT supplied underthe CONTRACT shall be

strictly in conformitywiththe specificationsand shall perform the duties specifiedunder the CONTRACT.

20.2.2 IftheSELLERfailstoprovetheguaranteedperformance of the EQUIPMENT set forth in the specification, the

SELLER shall investigate the causes and carry out necessaryrectifications/modificationsto achievethe

guaranteedperformance. IncasetheSELLERfailstodo sowithinareasonable period,theSELLER shall replace the

EQUIPMENT andproveguaranteed performance of thenewequipmentwithoutanyextracost to PURCHASER.

20.2.3 If the SELLER fails to prove the guarantee within a reasonable period, PURCHASER / CONSULTANT shall

have the option to take over the Equipment and rectify, if possible, the equipment to fulfill the guarantees and/or

to make necessary additions to make up the deficiency at SELLER risk and cost. All expenditure incurred by the

PURCHASER / CONSULTANT in this regard shall be to SELLER account.

21.0 TERMS OF PAYMENT:

21.1 Themethodof paymenttobemadetotheSELLERunder this CONTRACT shall be specified in the Special

ConditionsofContract.

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21.2 Thetype(s)ofpaymenttobemadetotheSELLERunder this contract shall be specified in the special conditions of

the contract.

21.3 TheSELLER’s request(s) forpayment shallbemadeto thePURCHASER inwriting accompanied byaninvoice

describing, as appropriate, the Goods delivered and services performed, andbyshipping

documents submitted,anduponfulfillmentof otherobligations stipulatedintheContract.

21.4 Payment willbemadeinthecurrency orcurrencies in whichtheContractPricehasbeenstatedintheSELLER’s

bid,aswellasinothercurrencies inwhichtheSELLER had indicated in his bid that he intends to incur expenditure

in the performance of the Contract and wishestobepaid. Iftherequirements arestatedasa percentage of the bid

price along withexchange rates usedinsuchcalculations theseexchange ratesshall be maintained.

GENERAL NOTES

1. Allforeigncurrencypayments toforeignbidder shall be releasedthroughanirrevocable Letterof Credit,

whichshall be opened throughGovernmentof IndiaNationalizedBankand henceshallnotbe confirmed.

Incaseanybidder insistsonconfirmation, chargestowards confirmationshallbebornebyhim. L/C

shallbeestablished within 30daysafterreceipt ofunconditionalacceptanceofLetter/Fax of Intent together

withPerformanceGuaranteefor 10% oftotalorder/Contract value.

2. For dispatcheson FOTdispatchpoint (in India) basis, thepaymentshallbe through PURCHASER’s bank.

Paymentthrough Bank,wherever applicable, shallbereleased as pernormal banking procedures.

3. Payment shall be within 30 days after receipt of relevant documents complete in all respects.

4. All bank charges incurredinconnection with payments shallbetoSeller’saccount in case of Indian

bidders and torespectiveaccountsin case of foreign bidder.

5. Unless otherwise specifically statedinbid document, allpaymentsshallbemadeinthe currency quoted.

6. No interest charges for delay in payments, if any, shallbepayableby PURCHASER

7. IncaseofIndianbidder,variation,ifany, on account ofcustoms duty ontheirbuilt-in-importcontent, as per

terms of bid document, shall be claimed separatelybybidderafterreceiptofgoodsat site (s). However,

any price benefits to the PURCHASER, on account of such variation as per terms specified in the bid

document, shall be passed on to the PURCHASER along with invoicing itself.

8. Agency commission, if any, to Indian agent for Foreignbidders,indicatedinprices, shall bepaid to

theagent in equivalentIndianRupees onreceipt and acceptanceof materialat site

22.0 PRICES

22.1 Pricescharged bytheSELLER forGoodsdelivered andservicesperformedundertheCONTRACTshallnot,with

theexceptionof anypriceadjustmentsauthorizedbythe ContractvaryfromthepricesquotedbytheSELLERin hisbid.

23.0 SUBLETTING & ASSIGNMENT

23.1 The contractor shall not without previous consent in writingof thePURCHASERauthority,sublet,transferor

assign the contract or any part thereof or interest thereinorbenefitoradvantage thereofinanymanner

whatsoever.Provided, n e v e r t h e l e s s , that a n y such consent shall not relieve the contractor from any

obligation,dutyorresponsibilityunderthecontract.

24.0 TIME AS ESSENCE OF CONTRACT

24.1 The time and date of delivery/completion of the GOODS/SERVICES asstipulatedintheContractshallbe

deemedtobetheessenceoftheContract.

25.0 DELAYS IN THE SELLER’S PERFORMANCE

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25.1 Ifthespecifieddeliveryscheduleisnotadheredtoorthe progress ofmanufacture orsupply oftheitems isnot

satisfactory or is not inaccordance with the progress schedulethePURCHASERhastherightto

i) hireforperiodofdelayfromelsewheregoodswhich inPURCHASER’sopinionwillmeetthesamepurpose as

thegoodswhicharedelayedandSELLERshallbe liablewithoutlimitationforthehirecharges;or

ii) canceltheCONTRACT inwholeorinpartwithout liability for cancellation charges. In that event,

PURCHASER may procure from elsewhere goods whichPURCHASER’s opinionwouldmeetthesame

purpose as the goods for which CONTRACT is cancelled and SELLER shall be liable without

limitations for the difference between the cost of such substitution and the price set forth in the contract

for goods involved; or

iii) hirethesubstitute goodsvide(i)aboveandifthe orderedgoodscontinueto remainundelivered

thereafter,canceltheorderinpartorin fullvide(ii) above.

25.2 Any unexcusabledelay by the SELLER or his sub- contractor shall render the SELLER liable, without

prejudicetoanyothertermsoftheContract,toanyor allofthefollowingsanctions:forfeitureof Contract performance

guarantee, imposition of price reduction fordelayin deliveryandterminationofthecontractfor default.

26.0 PRICE REDUCTION SCHEDULE FOR DELAYED DELIVERY

26.1 SubjecttoArticle-29,iftheSELLERfailstodeliveranyor alloftheGOODSor performancetheserviceswithinthe time

period (s) specified in the CONTRACT, the PURCHASER shall, without prejudice to his other

remedies under the CONTRACT, deduct from the CONTRACTPRICE,a sumcalculatedonthebasisof

theCONTRACTPRICE,includingsubsequentmodifications.

26.1.1 Deductionsshallapplyasperfollowingformula: Incase ofdelay indelivery ofequipment/materials

o r delayincompletion,totalcontractpriceshallbereduced by1 %(one percent) ofthetotal value of the undelivered

part per week or part thereof for each extra week taken by the SELLER i.e. more than schedule time/period,

subject to maximum of 10% of the total value of the undelivered part.

26.2 Incaseofdelay indelivery onthepartofSeller,the invoice/document valueshallbereducedproportionately

forthedelayandpaymentshallbereleasedaccordingly.

26.3 In the event the invoice value is not reduced proportionately for the delay, the

PURCHASER may deduct the amount so payable by SELLER, from any

amountfallingduetotheSELLERorbyrecoveryagainst thePerformanceGuarantee.

BothsellerandPURCHASERagreethatthe above percentagesofpricereductionaregenuinepreestimates

oftheloss/damage whichthePURCHASER wouldhave sufferedonaccountofdelay/breach onthepartofthe

SELLERandthesaidamountwillbe payableondemand without there being any proof of the actual loss/or

damagecausedbysuchbreach/delay. Adecisionofthe PURCHASER in the matter of applicability of price

reductionshallbefinalandbinding.

27.0 REJECTIONS, REMOVAL OF REJECTED EQUIPMENT & REPLACEMENT

27.1 PreliminaryinspectionatSELLER’sworksbyINSPECTOR shall not prejudice

PURCHASER’s/CONSULTANT’s claim for rejection oftheEQUIPMENT onfinal inspection at

SITEorclaimsunderwarrantyprovisions.

27.2 Ifthe EQUIPMENTS are not ofspecification orfail to performspecifieddutiesorareotherwisenotsatisfactory

thePURCHASER/CONSULTANTshallbeentitledto reject theEQUIPMENT/MATERIALor

partthereofandaskfree replacement withinreasonable timefailingwhichobtain hisrequirements fromelsewhere

atSELLER’s costand risk.

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27.3 Nothing inthisclause shall bedeemed todeprive the PURCHASER AND/OR AFFECT ANY rights under the

Contractwhichit mayotherwisehaveinrespectofsuch defectsordeficienciesorinanywayrelievetheSELLER

ofhisobligationsundertheContract.

27.4 EQUIPMENT rejected bythePURCHASER/CONSULTANT

shallberemovedbytheSellerathiscostwithin14days of noticeafterrepayingtheamountsreceivedagainstthe

SUPPLY. ThePURCHASERshallin nowayberesponsible for any deterioration or damage to the EQUIPMENT

underanycircumstanceswhatsoever.

27.5 Incase ofrejection ofEQUIPMENT, PURCHASER shall havetherighttorecovertheamounts,ifany,fromany

ofCONTRACTOR’S invoicespendingwithPURCHASERor byalternativemethod(s)

28.0 TERMINATION OF CONTRACT

28.1 Terminations for Default

28.1.1 The PURCHASER may, without prejudice to any other remedy forbreach ofCONTRACT, bywritten notice of

defaultsentto theSELLER,terminatetheCONTRACTin wholeorinparts.

A) If the SELLER fails to deliver any or all of the GOODS within the time period(s) specified inthe

CONTRACT;or

B) Ifthe SELLERfailstoperformanyotherobligation(s)undertheCONTRACT,and

C) IftheSELLER,ineitheroftheabovecircumstances, doesnotcurehisfailurewithinaperiodof30days

(orsuchlongerperiodas the PURCHASERmay authorize in writing) after receipt of the default

noticefromthePURCHASER.

28.1.2 IntheeventthePURCHASERterminatestheCONTRACT in whole or in part,pursuant to Article 28.1.1, the

PURCHASER mayprocure,uponsuchtermsandinsuch mannerasitdeemsappropriate, goodssimilartothose

undeliveredandtheSELLERshallbeliableto the PURCHASER for any excess costs for such similar

GOODS.However,the SELLERshallcontinue performance of the CONTRACT to the extent not

terminated.

28.1.3 In case of termination of contract herein set forth (under clause 28) except under conditions of Force

Majeure and termination after expiry of contract, the VENDOR shall be put under holiday [i.e. neither

any enquiry will be issued to the party by SGL Against any type of tender nor their offer will be

considered by SGL against any ongoing tender(s) where contract between SGL and that particular

VENDOR (as a bidder) has not been finalized] for stipulated years from the date of termination by SGL

to such VENDOR.

28.2 Termination for Insolvency

ThePURCHASER,mayat anytime,terminatethe CONTRACT by giving written notice to the SELLER,

withoutcompensationtotheSELLER,if theSELLER becomesbankruptor otherwiseinsolvent,providedthat

suchterminationwillnotprejudiceor affectanyrightof action or remedy which has accrued or will accrue

thereaftertothePURCHASER.

28.3 Termination for Convenience

28.3.1 The PURCHASER may, by written notice sent to the SELLER,terminate theCONTRACT, inwhole orpart,

at any timeforhisconvenience. The noticeof termination shall specify thatterminationis forthe PURCHASER’s

convenience, the extent towhichperformance of work under the CONTRACT is terminated andthedate upon

which such termination becomes effective

28.3.2 TheGOODS thatarecomplete andreadyforshipment within 30days after theSELLER’s receipt ofnotice of

terminationshallbe purchasedbythePURCHASERat the CONTRACTtermsandprices. For theremainingGOODS,

thePURCHASERmayopt

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a) to have any portion completed and delivered at the Contract terms and prices, and/ or

b) to cancel the remainder and pay to the Seller an agreed amount for partially completed Goods and for

materials and parts previously procured by the Seller.

29.0 FORCE MAJEURE

29.1 Shall mean and be limited to the following:

a) War/hostilities

b) Riot or Civil commotion

c) Earthquake, flood, tempest, lightening or other natural physical disaster.

d) Restrictions imposed by the Government or other statutory bodies, which prevents or delays the execution

of the Contract by the Seller

TheSELLERshalladvisePURCHASER/CONSULTANTbya registered letterdulycertified bythelocalChamber

of Commerce or statutory authorities, the beginning and endoftheabovecausesofdelaywithinseven(7)days

oftheoccurrence andcessation ofsuchForceMajeure Conditions.In the event of delay lasting over one month,if

arisingoutofcausesofForceMajeure, PURCHASER/CONSULTANTreserves theright tocancel theContract

andtheprovisions governing termination statedunderArticle28.0shallapply.

Fordelaysarisingoutof ForceMajeure,theSELLERshall notclaimextensionincompletiondatefora period

exceedingtheperiodofdelayattributabletothecauses of ForceMajeureandneitherPURCHASER/CONSULTANT

norSELLERshallbeliabletopayextracostsprovidedit is mutuallyestablishedthatForceMajeureConditionsdid

actuallyexist,.

SELLER shall categorically specify the extent of Force MajeureConditions prevalentintheirworksatthetime of

submittingtheirbidandwhetherthesamehavebeen takenintoconsideration ornotintheirquotations. In

theeventofanyforcemajeurecause,theSELLERor the PURCHASER shallnotbeliablefordelaysinperforming

theirobligations underthisorderandthedeliverydates willbe extendedtotheSELLERwithoutbeingsubjectto price

reductionfordelayeddeliveries,asstated elsewhere.

30.0 RESOLUTION OF DISPUTE / ARBITRATION

30.1 ThePURCHASERandtheSELLERshallmakeeveryeffort toresolve amicably bydirectinformal negotiations any

disagreement ordisputearisingbetweenthemunderor inconnectionwiththecontract.

30.2 If, after thirty days from the commencement of such informal negotiations, thePURCHASER andtheSELLER

havebeenunabletoresolveamicablya Contractdispute, eitherpartymayrequirethatthedisputebe referredfor

resolutiontothe formal mechanism as specified hereunder.

30.3 Legal Construction

The Contractshallbe,inallrespectsbeconstruedand operated asanIndianContractandinaccordance with

IndianLawsasinforceforthetimebeingandissubject to andreferredto theCourtof

LawsituatedwithinGandhinagar, Gujarat, India

30.4 Arbitration

Alldisputes,controversies, orclaimsbetweentheparties (exceptin matterswherethedecisionoftheEngineer-in-

Chargeisdeemedtobefinalandbinding)whichcannot bemutually resolved within areasonable timeshallbe

referredtoArbitrationbyasolearbitrator

The PURCHASERshall suggest a panel of three independent and distinguished persons to the Seller

to select any one amongthemtoactasthesoleArbitrator.

Intheevent offailure oftheSellertoselecttheSole Arbitratorwithin30daysfromthereceiptof the communication

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suggesting thepanelofarbitrators, the rightofselectionofSoleArbitrator bytheotherparty shall

standforfeitedandthe PURCHASERshallhave discretion toproceed withtheappointment oftheSoleArbitrator.

The d e c i s i o n o f t heP U R C H A S E R o n the appointmentofSoleArbitratorshallbefinalandbinding

ontheparties

The award of the Sole Arbitrator shall be final and bindingon thepartiesandunlessdirected/awarded otherwise

bytheSoleArbitrator, thecostofarbitration proceedingsshallbesharedequallybytheparties. The arbitration

proceeding shallbeinEnglish language and thevenueshallbeatGandhinagar, GujaratIndia

Subject to the above, the provisions of (Indian) Arbitration

&ConciliationAct,1996andtherules framed t h e r e u n d e r shall b e a p p l i c a b l e . All

m a t t e r s relatingto thiscontractaresubjecttotheexclusive jurisdiction oftheCourtssituatedintheStateof Gujarat

(India)

SellermaypleasenotethattheArbitration&Conciliation Act1996wasenacted bytheIndianParliament andis based

on United nations Commission on International TradeLaw(UNCITRALmodellaw), whichwere prepared

after extensive consultation with ArbitralInstitutions andcentersof InternationalCommercialArbitration. The

United Nations GeneralAssemblyvideresolution 31/98

adoptedtheUNCITRALArbitrationruleson15December 1996.

The WORK under the CONTRACT shall, however, continue during the A r b i t r a t i o n proceedings

and no payment dueorpayabletotheSellershallbewithheld onaccountofsuchproceedings.

31.0 GOVERNING LANGUAGE

31.1 The Contract shall be written in English language as specifiedbythePURCHASER/CONSULTANTin the

Instruction to Bidders. All literature, correspondence andotherdocuments pertaining totheContractwhich

areexchangedbythepartiesshallbewrittenin English language. Printedliteratureinotherlanguageshallonly

beconsidered,ifit isaccompaniedbyanEnglish translation. Forthepurposesofinterpretation, English

translationshallgovernandbebindingonallparties

32.0 NOTICES

32.1 Anynoticegivenbyonepartytotheotherpursuantto theContract shallbesentinwritingorbytelegram or

fax,telex/cableconfirmedinwriting.

32.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

33.0 TAXES & DUTIES

33.1 A foreign Seller shall be entirely responsible for all taxes, stamp duties, license fees, and other such levies

imposed outside the PURCHASER’s country.

33.2 A domestic Seller shall be entirely responsible for all taxes, duties, license fees etc. incurred until the delivery of

the contracted goods to the PURCHASER. However SalesTaxandExcisedutyonfinishedproductsshallbe

reimbursedbyPURCHASER.

33.2 Customs duty payable in India for imported goods ordered by Purchaser on foreign seller shall be borne and

paid by Purchaser.

33.4 Any income tax payable in respect of supervisory services rendered by foreign SELLER under the Contract

shall be as per the Indian Income Tax Act and shall be borne by SELLER. It is up to the bidder/seller to

ascertain the amount of these taxes and to include them in his bid price.

34.0 BOOKS & RECORDS

34.1 SELLERshallmaintainadequatebooksand recordsin connectionwithContractandshallmakethemavailable

forinspectionandauditby PURCHASER/CONSULTANTor their authorized agents or representatives during

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the terms of Contract until expiry of the performance guarantee. Fixedprice(lumpsumorunitprice)Contract

willnotbesubject toaudit astocostexcept forcost reimbursable items, suchasescalation andtermination

claims,transportationandcomparablerequirements.

35.0 PERMITS & CERTIFICATE

35.1 SELLER shall procure, at his expense, all necessary permits,certificatesandlicencesrequiredbyvirtueof all

applicablelaws,regulations,ordinancesandotherrules ineffectattheplacewhereanyoftheworkis tobe performed,

and SELLERfurther agrees tohold PURCHASERand/orCONSULTANT harmless from

liabilityorpenaltywhichmightbeimposedby reasonof anyassertedorestablishedviolationof suchlaws,

regulations,ordinancesor otherrules. PURCHASERwill providenecessarypermitsfor SELLER’spersonnelto

undertake any work in India in connection with Contract.

36.0 GENERAL

36.1 IntheeventthattermsandconditionsstipulatedintheGeneralConditionsofContractshoulddeviatefromterms

andconditionsstipulatedintheContract,thelattershall prevail.

36.2 Lossesduetonon-complianceofInstructions

Lossesordamagesoccurring tothePURCHASER owing to the SELLER’s failure to adhere to any of the

instructions given by the PURCHASER/CONSULTANTin connection with

thecontractexecutionshallbe recoverablefromtheSELLER.

36.3 Recovery of sums due

All costs, damages of expenses which the PURCHASER / CONSULTANT may have paid, for which under the

Contract Seller is liable, may be recovered by the PURCHASER (he is hereby irrevocably authorized to do so)

from any money due to or becoming due to the Seller under this contract or other Contracts and /or may be

recovered by action at law or otherwise. If the same due to the Seller be not sufficient to recover the

recoverable amount, the SELLER shall pay to the PURCHASE, on demand, the balance amount.

36.4 Payments etc. not to affect rights of the PURCHASER

No sum paid on account by the PURCHASER nor any extension of the date for completion granted by the

PURCHASER/CONSULTANT shall affect or prejudice the rights of the PURCHASER against the SELLER or

relieve the SELLER of his obligation for the due fulfillment of the CONTRACT.

36.5 Cut –off Dates

No Claims or correspondence on this Contract shall be entertained by the PURCHASER/CONSULTANT after

90 days after expiry of the performance guarantee (from the date of final extension, if any).

36.6 Paragraph Heading

The Paragraph heading in these conditions shall not affect construction thereof.

37.0 IMPORT LICENSE

37.1 No import license is required for the imports covered under this document.

38.0 FALL CLAUSE

38.1 Stands deleted.

39.0 PUBLICITY & ADVERTISING

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39.1 Sellershallnotwithoutthe writtenpermissionof PURCHASER/Consultantmake areferenceto

PURCHASER/Consultantor anyCompanyaffiliatedwith PURCHASER/Consultantor to thedestinationor the

description of goods or services supplied under the contractinanypublication,publicityoradvertisingmedia.

40.0 REPEAT ORDER

40.1 100% quantity within Contract validity period

41.0 LIMITATION OF LIABILITY

41.1 Notwithstanding anythingcontrarycontainedherein,the aggregatetotalliabilityof SellerundertheAgreementor

otherwiseshallbelimitedto100%ofAgreement/ Order price.However,neitherpartyshallbe liabletotheother

partyfor anyindirectandconsequentialdamages,lossof profitsorlossofproduction.

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SABARMATI GAS LIMITED (SGL)

TENDER FOR SUPPLY OF MDPE PIPES (ARC)

SECTION-IV

SPECIAL CONDITIONS OF CONTRACT (SCC)

01 16.02.2018 Issued for RFP BP AS PP

00 14.02.2018 Draft Isssued for Comments BP AS PP

Rev Date Subject of Revision Prepared By Checked By Approved By

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TABLE OF CONTENTS

SECTION-IV SPECIAL CONDITIONS OF CONTRACT (SCC) ............................................................. 1

1.0 DEFINITIONS AND INTERPRETATION .......................................................................... 3

2.0 SELLER’S SCOPE ............................................................................................................ 3

3.0 DELIVERY TERMS .......................................................................................................... 4

4.0 TERMS AND MODE OF PAYMENT ................................................................................... 5

5.0 PACKING AND FORWARDING ....................................................................................... 6

6.0 DISPATCH CLEARANCE .................................................................................................. 6

7.0 INDEPENDENT SELLER .................................................................................................. 6

8.0 LIEN ............................................................................................................................... 6

9.0 TRANSIT RISK INSURANCE ........................................................................................... 6

10.0 FALL CLAUSE ................................................................................................................. 6

11.0 REPEAT ORDER .............................................................................................................. 6

12.0 RECOVERY OF EXCISE DUTY, SALES TAX AND SERVICE TAX ........................................ 6

13.0 REJECTION .................................................................................................................... 6

14.0 LIMITATION OF LIABILITY ........................................................................................... 7

15.0 GOVERNING LAW .......................................................................................................... 7

16.0 PURCHASER’S RIGHTS AND REMEDIES ........................................................................ 7

17.0 GUARANTEE / WARRANTY ............................................................................................ 7

18.0 PERFORMANCE GUARANTEE ......................................................................................... 7

19.0 PRICE REDUCTION SCHEDULE (PRS)............................................................................ 7

20.0 INSPECTIONS AND TESTS ............................................................................................. 7

21.0 INDEMNITY ................................................................................................................... 8

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1.0 DEFINITIONS AND INTERPRETATION

In addition to meaning ascribed to certain initial capitalised terms in Section III “GCC - Goods”, following initial

capitalised terms shall have the meaning as ascribed to such term hereunder. In case any term defined hereunder

is also defined in Section III “GCC-Goods”, the meaning ascribed to such term hereunder shall prevail:

1.1 Definitions

1.1.1 Bid Documents shall mean documents issued to the Bidder pursuant to document listed in ITB.

1.1.2 Effective Date shall mean the date on which Seller’s obligations will commence and that will be the date of Faxof

Intent (FOI).

1.2 Interpretations

1.2.1 Where any portion of the GCC - Goods is repugnant to or at variance with any provisions of the SCC then, unless

a different intention appears, the provisions of the SCC shall be deemed to govern the provisions of the GCC -

Goods and SCC provisions shall prevail to the extent of such repugnancy, or variations exist.

1.2.2 In Contract Documents unless otherwise stated specifically, the singular shall include the plural and vice versa

wherever the context so requires.

1.2.3 Notwithstanding the sub-division of the Contract Documents into separate sections and volumes, every part of

each shall be deemed to be supplementary to and complementary of every other part and shall be read with and

into the Agreement so far as it may be practicable to do so.

1.2.4 All headings, subtitles and marginal notes to the clauses of the GCC - Goods, SCC or to the Specifications or to

any other part of Bid Document are solely for the purpose of giving a concise indication and not a summary of

the contents thereof, and they shall never be deemed to be part thereof or be used in the interpretation or

construction thereof.

1.2.5 The terms fully capitalized and/or initial capitalized shall be interchangeable and shall have the meaning as

assigned to fully capitalized term or initial capitalised term.

1.2.6 Except the obligation of payment to Seller, Consultant may discharge all other Purchaser’s obligations. In Bid

Documents, at all such places where obligations are confined to Purchaser alone such provision to read as

‘Purchaser/ Consultant’s’ obligation to the extent the context so means/requires.

2.0 SELLER’S SCOPE

2.1 The Scope includes Manufacture, Supply, Inspection, Transportation including Transit Risk Insurance up to FOT

Site, Loading and Unloading of following MDPE PIPES meeting other technical requirements as specified in

bid document including preparation and submission of documents (as per MR), getting approvals from Purchaser/

Consultant, Procurement of raw materials, Manufacturing, Testing & Inspection , Packing & Forwarding,

Transportation & Unloading at Purchaser’s store with in Mehsana, Sabarkantha, Gandhinagar and in state of

Gujarat as per the tender terms & conditions :

Item Sl.

no. MR Description

Total Qty.

(in Mtrs)

Manufacture, Inspection, Testing , Supply , Transportation & Unloading of

1.0 32 mm x PE 100 x SDR 11 5,94,000.00

2.0 63 mm x PE 100 x SDR 11 4,47,000.00

3.0 90 mm x PE 100 x SDR 17.6 3,30,000.00

4.0 125 mm x PE 100 x SDR 17.6 1,70,000.00

5.0 125 mm x PE 100 x SDR 17.6 _ In 50 Mtrs. Coil 7,000.00

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Notes:

1. Bidder has to submit the offer for full quantities against the item offer, failing which bidder’s offer shall not

be considered for evaluation.

2. The quantities mentioned above are indicative and are for evaluation purpose only. SGL reserves the right to

change the quantity of any or all items before issue of order.

3. Evaluation and ordering will be carried out on SOR line item basis i.e. 32, 63, 90&125mm MDPE pipes

separately.

2.2 For detailed technical specifications, technical volume II of II to be referred.

2.3 For complete scope of work, all volumes of tender document are to be read.

3.0 DELIVERY TERMS 3.1 Delivery of all MDPE Pipes shall be completed in four (4) lots. Delivery of 1st lot of each item shall be

completed within 4 (four) weeks from the date of LOA/separate intimation / call out order issued by SGL.

Quantity of MDPE Pipes covered in subsequent lots shall be completed within 12 (Twelve) weeks from the date

of separate intimation / call out order from SGL.

3.2 The Delivery basis will be FOT –SGL store as mentioned below location in state of Gujarat.

Mehsana

Sabarkantha

Gandhinagar

Patan

3.3 The Delivery basis will be FOT – SGL’s store / destination in state of Gujarat including unloading at SGL’s Store

/ destination and the date of delivery and acceptance of pipes at SGL’s Store / destination shall be considered as

delivery date for applicability of the Price Reduction schedule as per provision of bid.

3.4 The delivery period shall be reckoned from the date of letter of separate intimation / call out order issued by SGL.

3.5 The delivery schedule for supply of MDPE pipes shall be as given below :

Item Sl.

no. MR Description

Total Qty.

(in Mtrs)

Approximate Quantity of in lots

(Mtrs.)

Lot -1

within 4

weeks

Lot-2

within 8

weeks

Lot-3

within 8

weeks

Lot-4

within 8

weeks

Manufacture, Inspection, Testing , Supply , Transportation

& Unloading of following MDPE Pipes

1.0 32 mm x PE 100 x SDR 11 5,94,000.00 10 % 25 % 40 % 25 %

2.0 63 mm x PE 100 x SDR 11 4,47,000.00 10 % 25 % 40 % 25 %

3.0 90 mm x PE 100 x SDR 17.6 3,30,000.00 10 % 25 % 40 % 25 %

4.0 125 mm x PE 100 x SDR 17.6 1,70,000.00 10 % 25 % 40 % 25 %

5.0 125 mm x PE 100 x SDR 17.6 (50 M-Coil) 7,000.00 10 % 25 % 40 % 25 %

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3.6 The quantities indicated above for subsequent lots are tentative and SGL reserve the right to revise the same

during execution stage. Intimation for delivery of subsequent lots may be issued on item wise also. Bidder has to

supply accordingly.

4.0 TERMS AND MODE OF PAYMENT

4.1 TERMS OF PAYMENT

4.1.1 The invoice shall be raised in the name of Engineer-in Charge, SGL, Gandhinagar asper separate intimation given

to the successful bidder.

4.1.2 90% of the order value after adjustment of PRS, if any, along with 100% taxes & duties shall be paid

progressively on receipt of Goods at designated SGL store located in Gujarat upon submission of the following:

Commercial invoice (in duplicate)

Cenvatable invoice

LR or GR (original)

Packing List

Despatch clearance issued by Purchaser/ Consultant/TPIA

Inspection release note issued by Purchaser/ Consultant/ TPIA

Certificate of receipt of goods at Purchaser’s store

Warranty/Guarantee Certificate

Insurance cover note covering transit insurance

A Certificate from manufacturer that all items/equipment under supply including it’s component or raw

material used with manufacturing are new and confirm to the tender document. In case manufacturer is

not the supplier, this certificate will be duly endorsed by the supplier owning overall responsibility.

Documents as specified in Material Requisition (MR) of bid document.

4.1.3 10% of the order value shall be paid after final acceptance of goods by Purchaser and submission of final

documents and submission of “No Claim Certificate”.

4.1.4 The invoice shall be made after adjusting the following:

PRS pursuant to SCC clause no. 19.0, if applicable.

4.2 MODE OF PAYMENT

4.2.1 The Purchaser will verify the invoices, relevant documents, and undisputed payment will be released directly to

the Seller within 30 days of receipt of invoice along with all relevant documents through RTGS / Bancker’s cheque only.

4.3 DEDUCTION AT SOURCE

4.3.1 Purchaser will release the un-disputed payment to the Seller after effecting deductions as per applicable law in

force.

4.4 PAYING AUTHORITY

Manager (Project),

Sabarmati Gas Ltd

Plot No.: 907, Sector – 21,

Gandhinagar – 382021, Gujarat,

INDIA

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4.5 INVOICES

4.5.1 Invoices shall be made in the name of “Manager (Project), Sabarmati Gas Ltd, Plot No.: 907, Sector – 21,

Gandhinagar – 382021, Gujarat, INDIA for availing Cenvat Credit.

4.6 CONSIGNEE ADDRESS

4.6.1 Will be furnished at the time of Award.

5.0 PACKING AND FORWARDING 5.1 The Seller, wherever applicable shall after proper painting, pack and crate all goods for road/rail transportation in

a manner suitable to tropical humid climatic region in accordance with the internationally accepted practices and

in such a manner so as to protect it from damage and deterioration, in transit by sea or air or road or rail and

during storage at the storehouse till the time of issuance to erection contractor. The Seller shall be held

responsible for all damages due to improper packing. The Seller shall ensure sizing or packing of all

consignments in such a way that availability of carrier and/or road/rail route is properly taken into consideration.

6.0 DISPATCH CLEARANCE 6.1 Seller shall obtain dispatch clearance from the Purchaser/Consultant prior to each dispatch, which will be issued

on receipt of copy of Inspection Release Note.

7.0 INDEPENDENT SELLER 7.1 It is expressly understood and agreed that Seller is an independent party and that neither the Seller/ its personnel

are servants, agents or employees of Purchaser/ Consultant nor the Seller has any kind of interest in other sellers.

8.0 LIEN 8.1 Seller shall ensure that the Scope of Supply under the Agreement shall be free from any claims of title/liens from

any third party. In the event of such claims by any party, Seller shall at his own cost defend, indemnify and hold

harmless Purchaser or its authorised representative from such disputes of title/liens, costs, consequences etc.

9.0 TRANSIT RISK INSURANCE 9.1 In line with GCC-Goods Clause 16.0, All Transit risk insurance from F.O.T. dispatch point to Purchaser’s store at

Gujarat shall be arranged and borne by supplier.

10.0 FALL CLAUSE 10.1 (Clause 38 of GCC - Goods)- Stands deleted.

11.0 REPEAT ORDER

11.1 100% quantity within Contract validity period

12.0 RECOVERY OF EXCISE DUTY, SALES TAX AND SERVICE TAX 12.1 Stand Deleted

13.0 REJECTION 13.1 Any materials/goods covered under scope of supply, which during the process of inspection by appointed third

party, at any stage of manufacture/fabrication and subsequent stages, prior to dispatch is found not conforming to

the requirements/specifications of the Purchase Requisition/Order, shall be liable for immediate rejection.

13.2 Seller shall be responsible and liable for immediate replacement of such material with acceptable material at no

extra cost or impact on the delivery schedule to Purchaser.

13.3 Seller shall be responsible and liable for immediate replacement/rectification of such material as mentioned in

GCC also if any discrepancy is observed during the inspection of material at site after the receipt of material, with

acceptable material/parts at no extra cost or impact on the delivery schedule to Purchaser.

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14.0 LIMITATION OF LIABILITY 14.1 Notwithstanding anything contrary contained herein, the aggregate total liability of Supplier under the Contract or

otherwise shall be limited to 100% of contract value. However, neither party shall be liable to the other party for

any indirect and consequential damages, loss of profits or loss of production.

14.2 The final payment by the Purchaser in pursuance of the PO terms shall not mean release of the Supplier/Vendor

from all of his liabilities under the Contract. The Supplier/Vendor shall be liable and committed under this

contract to fulfil all his liabilities and responsibilities, till the time of release of contract performance

guarantee/completion of Guarantee / Warrantee period.

15.0 GOVERNING LAW 15.1 Laws of India will govern the Agreement and Gujarat courts will have exclusive jurisdiction on all matters related

to Agreement.

16.0 PURCHASER’S RIGHTS AND REMEDIES 16.1 Without prejudice to Purchaser’s right and remedies under Agreement, if SELLER fails to commence delivery as

per agreed schedule and/or in reasonable opinion of the PURCHASER, SELLER is not in a position to make-up

the delay to meet the intended purpose, the PURCHASER may terminate the AGREEMENT in full or part at

SELLER’s default and may get supplies from other sources at SELLER’s risk and cost.

17.0 GUARANTEE / WARRANTY 17.1 In partial modification to GCC-Goods Clause 20.0, Guarantee / Warranty shall be twenty four (24)

months starting from the date of delivery of last pipe at designated store in Gujarat or twelve (12) months from

the date of commissioning whichever is later.

18.0 PERFORMANCE GUARANTEE 18.1 In partial modification to GCC Clause No 12.1, within twenty one (21) Days of receipt of the FOI / Notification

of Award, the successful bidder shall furnish to the Purchaser the Contract-Cum-Equipment Performance Bank

Guarantee (CPBG) for Supply of MDPE Pipes equivalent to 10% of value of callout order /intimation inclusive

of all taxes, duties etc issued by SGL for lot wise supply / delivery of MDPE Pipes total order value exclusive of

all taxes, duties and other charges etc.

19.0 PRICE REDUCTION SCHEDULE (PRS) 19.1 In partial modification of provisions of GCC-Goods 26.0 and pursuant to clause 3 of SCC, in case of delay in

delivery of any specified line item wise lot quantity as given in delivery schedule specified at Clause 3 of

SCC, the contract price shall be reduced by 1% (one percent) of the total value of the undelivered part per

week or part thereof for each extra week taken by the SELLER i.e. more than schedule time/period, subject to

maximum of 10% of the total value of the undelivered part. The contract value excludes Taxes & duties.

19.2 All lots shall be considered separately for applying PRS in case of delay as described above.

20.0 INSPECTIONS AND TESTS

Inspection and tests prior to shipment of Goods and at final acceptance shall be as per Technical Specifications,

Quality Control Table and approved Inspection & Test Procedure. However, without prejudice to the provisions

of Technical specifications following shall hold good:

20.1 The Purchaser or its representative shall have the right to inspect and/ or to test the material to confirm their

conformity to the specifications.

20.2 The inspections and tests may be conducted on the premises of the Seller or his subcontractor (s) at point of

Delivery and/or at the final destination. When conducted on the premises of the Seller or his subcontractor(s), all

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reasonable facilities and assistance including access to the production data shall be furnished to the Purchaser's

representatives at no charge to the Purchaser.

20.3 The Purchaser's right to inspect, test and where ever necessary reject the material after the material’s arrival in the

Purchaser’s store shall in no way be limited to or waived by reason of the material having previously been

inspected, tested and passed by the Purchaser or their representative prior to the material shipment from the

country of origin.

20.4 The Purchaser shall depute PMC / Third Party Inspection Agency for carrying out the inspection at

bidder’s works as per approved ITP/QAP & Technical specifications &their charges shall be borne by the

Purchaser.

21.0 INDEMNITY

Supplier shall exclusively be liable for non-compliance of the provision of any act, laws, rules and regulations

having bearing over engagement of workers directly or indirectly for execution of work and the supplier hereby

undertake to indemnify the Owner against all actions, suits, proceedings, claims, damages demands, losses, etc.

which may arise under minimum wages act, payment of wages act, workman compensation act, personnel injury

(compensation insurance) act ESI Act, Fatal Accident Act, Industrial Dispute Act, Shops and Establishment Act,

Employees Provident Fund Act, Family Pension and deposit Linked Insurance Scheme or any other act or

statutes not herein specifically mentioned but having direct or indirect application for the persons engaged under

this contract. (A certificate to this effect shall be submitted by the contractor immediately on receipt of FOI.

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SABARMATI GAS LIMITED (SGL)

TENDER FOR SUPPLY OF MDPE PIPES (ARC)

SECTION-V

FORMS & FORMATS

1 16.02.2018 Issued for RFP BP AS PP

0 14.02.2018 Draft issued for comment BP AS PP

Rev Date Subject of Revision Prepared By Checked By Approved By

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TABLE OF CONTENTS

SECTION-V FORMS & FORMATS ................................................................................... 1

FORM F-1 BIDDER’S GENERAL INFORMATION .................................................................... 3

FORM F-2 BID FORM ............................................................................................................ 5

FORM F-3 LIST OF ENCLOSURES ......................................................................................... 6

FORM F-4 PROFORMA FOR BANK GUARANTEE FOR EMD/ BID SECURITY .......................... 7

FORM F-5 FINANCIAL CAPABILITY OF BIDDER ................................................................... 9

FORM F-6 LETTER OF AUTHORITY .....................................................................................10

FORM F-7 NO DEVIATION CONFIRMATION .......................................................................11

FORM F-8 DETAILS OF SIMILAR SUPPLIES/ WORK EXECUTED DURING PAST FIVE YEARS

.........................................................................................................................................12

FORM F-9 PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE GUARANTEE

.........................................................................................................................................14

FORM F-10 CHECK LIST .....................................................................................................16

FORM F-11 DECLARATION .................................................................................................18

FORM F-12 POWER OF ATTORNEY .....................................................................................19

FORM F-13 BIDDERS QUERIES & IT’S REPLY ....................................................................21

FORM F-14 SERVICE TAX UNDER TAKING .........................................................................22

FORMF-15 CUT-OUT SLIPS (4 NOS.) ...............................................................................23

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FormF-1 BIDDER’S GENERAL INFORMATION

Bid Document No. :

Project :

To,

SABARMATI GAS LIMITED,

(A joint Venture of GSPC and BPCL)

Plot No.: 907,

Sector – 21,

Gandhinagar - 382021

Gujarat, INDIA

Subject : Tender no. ________________ for Supply of MDPE Pipes for CGD Project of SGL

1-1 Bidder Name: ________________________________________

1-2 Number of Years in Operation: ________________________________________

1-3 Bid Offer Ref. No. & date ________________________________________

1-4 Contact person name & mobile no. ________________________________________

1-5 Address of Registered Office: ________________________________________

City________________ State _________

Country _______________ PIN/ZIP__________

1-6 Operation Address

if different from above: ________________________________________

_______________________________________

City________________ State _________

Country _______________ PIN/ZIP__________

1-7 Telephone Number: _______________________________________

(Country Code) (Area Code) (Telephone Number)

1-8 E-mail address: ________________________________________

1-9 Website: ________________________________________

1-10 Fax Number: ________________________________________

(Country Code) (Area Code) (Telephone Number)

1-11 ISO Certification, if any _________ {If yes, please furnish details & copy of certification}

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1-12 Banker’s Name : _____________________________________

1-13 Branch : _____________________________________

1-14 Branch Code : _____________________________________

1-15 Bank account number : _____________________________________

1-16 IFSC Code : __________________________________

ONLY FOR INDIAN BIDDERS

1-17 PAN No. : _____________________________________

1-18 GST Registration no.: _____________________________________

1-19 BOCW Registration no. : _____________________________________

1-20 TIN No.: _____________________________________

1-21 EPF Registration no.: ______________________________________

1-22 Whether SSI/NSIC Registrant Or not : _____________________________________

(If yes, please provide details & copies of registration certificate)

SIGNATURE OF BIDDER WITH SEAL)

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FormF-2 BID FORM

Bid Document No. :

Project :

To,

SABARMATI GAS LIMITED,

(A joint Venture of GSPC and BPCL)

Plot No.: 907,

Sector – 21,

Gandhinagar - 382021

Gujarat, INDIA

Subject : Tender no. ________________ for Supply of MDPE Pipes for CGD Project of SGL

Dear Sir,

After examining/reviewing the bid documents for ______________________ in state of _____________,

including Technical Specifications, Drawings, General Conditions of Contract and Special Conditions of

Contract and Schedule of Rates etc. the receipt of which is hereby duly acknowledged. We, the undersigned, are

pleased to offer to execute the whole work in conformity with, the said Bid Documents, including Corrigendum /

Addendum issued if any.

We confirm that this bid is valid for a period of Six (months) from the date of opening of Techno-Commercial

Bid, and it shall remain binding upon us and may be accepted by any time before the expiration of that period.

If our bid is accepted, we will provide the performance guarantee equal to Rs. ____/- (Rupees ______only) for

the due performance with in fifteen days of such award.

Until a final Agreement / Work Order is prepared and executed, the bid together with our written acceptance

thereof in your notification of award shall constitute a binding agreement between us.

We understand that Bid Document is not exhaustive and any action and activity not mentioned in Bid Documents

but may be inferred to be included to meet the intend of the Bid Documents shall be deemed to be mentioned in

Bid Documents unless otherwise specifically excluded and we confirm to perform for fulfillment of Agreement /

Work Order and completeness of the work in all respects within the time frame and agreed price. It is hereby

confirmed that I/ We are entitled to act on behalf of our company/corporation/firm/organization and empowered

to sign the documents on all such documents which may be required in this connection.

We understand that you are not bound to accept the lowest priced or any bid that you may receive.

SEAL AND SIGNATURE

DATE:

Duly authorized to sign bid for and on behalf of_____________________________________

(SIGNATURE OF WITNESS)

WITNESS NAME :

ADDRESS:

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FormF-3 LIST OF ENCLOSURES

Bid Document No. :

Project :

To,

SABARMATI GAS LIMITED,

(A joint Venture of GSPC and BPCL)

Plot No.: 907,

Sector – 21,

Gandhinagar - 382021

Gujarat, INDIA

Subject : Tender no. ________________ for Supply of MDPE Pipes for CGD Project of SGL

Dear Sir,

We are enclosing the following documents as part of the bid:

1. Power of Attorney of the signatory to the bid document.

2. QA / QC Manuals for site works / activities.

3. HSE Policy.

4. Balance sheet for the last three financial years

5. Proof of existing PF No.

6. CST No. / GST No. / VAT No. /ECC No. / Service Tax applicability and rate if applicable

7. Copy of bid documents along with all addendum/corrigendum no. .. duly signed and stamped 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.

8. Form 5 as enclosed herewith.

(SEAL AND SIGNATURE OF BIDDER)

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FormF-4 PROFORMA FOR BANK GUARANTEE FOR EMD/ BID SECURITY

(To be stamped in accordance with the Stamp Act)

Bid Document No. :

Project :

Bank Guarantee No. Date:

To,

SABARMATI GAS LIMITED,

(A joint Venture of GSPC and BPCL)

Plot No.: 907,

Sector – 21,

Gandhinagar - 382021

Gujarat, INDIA

Dear Sir(s),

In accordance with Letter Inviting Tender under your reference No___________

M/s.______________________________ having their Registered / Head Office at

_________________________(hereinafter called the Tenderer) wish to participate in the said tender for

_________________________________________________________________

As an irrevocable Bank Guarantee against Earnest Money for the amount of ______________ is required to be

submitted by the Tenderer as a condition precedent for participation in the said tender which amount is liable to be

forfeited on the happening of any contingencies mentioned in the Tender Document.

We, the ____________________________________ Bank at_____________________________

having our Head Office ________________________________________________________

(Local Address) guarantee and undertake to pay immediately on demand without any recourse to the tenderers by

Sabarmati Gas Ltd (SGL), the amount________________ ____________________ without any reservation, protest,

demur and recourse. Any such demand made by SGL, 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 upto ____________ [this date should be 270 days after the

date finally set out for closing of tenderincluding 03 (Three) months after the period of bid validity]. If any further

extension of this guarantee is required, the same shall be extended to such required period on receiving instructions

from M/s.__________________________________________________________________________

whose behalf this guarantee is issued.

In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this ___________day of

____________2017 __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 BANK GUARANTEE (BID SECURITY)

1. The Bank Guarantee by bidders from banks located in India will be given on non-judicial stamp

paper as per stamp duty applicable. The non-judicial stamp paper should be in the name of the

issuing bank.

2. The expiry date as mentioned in bid document should be arrived at by adding two months to the

date of expiry of the bid validity unless otherwise specified in the Bid Documents.

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 Purchaser 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 no.

from where the earnest money bond has been issued.

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Form F-5 FINANCIAL CAPABILITY OF BIDDER

CERTIFICATE FOR FINANCIAL CAPABILITY OF THE BIDDER

(For supply of Goods/Works/Services)

We have verified the Annual Accounts and other relevant records of M/s………………………..(Name of the bidder) and certify the following

A. ANNUAL TURNOVER OF LAST 3 YEARS:

Year Amount (Currency)

Year 1: 2016-2017

Year 2: 2015-2016

Tear 3: 2014-2015

B. FINANCIAL DATA FOR LAST THREE AUDITED FINANCIAL YEAR:

Description Year 1 : 2016-2017 Year 2 : 2015-2016 Year 3 : 2014-2015

Amount (Currency) Amount (Currency) Amount (Currency)

1. Currency Assets

2. Current liabilities

3. Working capital (Current

assets-current liabilities)

4. Net worth (Paid up share

capital and free reserves &

surplus)

Name of Audit Firm: [Signature of Authorized signatory]

Chartered Accountant Name:

Date: Designation:

Seal:

Membership no.

Instructions:

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

2. The bidder shall provide the audited annual financial statements as required for this Tender Document.

Failure to do so would result in the personnel being considered as non-responsive.

3. 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 and Free reserves & Surplus”

4. * Bidders whose accounts are not audited by auditors as per Law/jurisdiction, certification from a

Chartered Accountant to be submitted.

5. The information supplied should be the Annual Turnover of the bidder

6. A brief note should be appended describing thereby details of turnover as per audited results.

7. Attached are copies of the audited balance sheets, including all related notes and income statement for

the last Audited Financial year, as indicated above, complying with the following conditions;

A. All such documents reflect the financial situation of the bidder

B. Historic financial statements must be audited by a certified accountant.

C. Historic financial statements must be complete, including all notes to the financial statements.

D. Historic financial statements must correspond to accounting periods already completed and audited

(no Statement for partial periods shall be requested or accepted).

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Form F-6 LETTER OF AUTHORITY

PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING AND SUBSEQUENT NEGOTIATIONS/

CONFERENCES

Bid Document No. :

Project :

To,

SABARMATI GAS LIMITED,

(A joint Venture of GSPC and BPCL)

Plot No.: 907,

Sector – 21,

Gandhinagar - 382021

Gujarat, INDIA

Subject : Tender no. ________________ for Supply of MDPE Pipes for CGD Project of SGL

Dear Sir,

We _____________________________________ hereby authorize following representative(s) to attend un-

priced bid opening and price bid opening and for any other correspondence and communication against above

Bidding Document:

1) Name & Designation _______________________ Signature _________________

2) Name & Designation _______________________ Signature _________________

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

Yours faithfully,

Signature

Name & Designation

For and on behalf of

Note: This letter of authority should be on the letterhead of the bidder and should be signed by a person

competent and having the power of attorney to bind the bidder.

Not more than two persons are permitted to attend techno–commercial un-priced and price bid opening.

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Form F-7

NO DEVIATION CONFIRMATION

Bid Document No. :

Project :

To,

SABARMATI GAS LIMITED,

(A joint Venture of GSPC and BPCL)

Plot No.: 907,

Sector – 21,

Gandhinagar - 382021

Gujarat, INDIA

Subject : Tender no. ________________ for Supply of MDPE Pipes for CGD Project of SGL

Dear Sir,

We understand that any deviation/exception in any form may result in rejection of bid. We, therefore, certify that

we have not taken any exceptions/deviations anywhere in the bid including amendment / corrigendum,

addendums, if any.

We agree that if any deviation/exception is mentioned or noticed, our bid may be rejected.

(SEAL AND SIGNATURE OF BIDDER)

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Form F-8 DETAILS OF SIMILAR SUPPLIES/ WORK EXECUTED DURING PAST FIVE YEARS

(Applicable in all cases where bidder’s accounts are audited by Statutory Auditor)

Sr.

no.

Description of the

goods/works/services

LOA/PO

/WO no.

& date

Full proposal, address &

phone nos. of client

Name, designation &

address of

engineer/officer-in-

charge(for cases other

than purchase)

Value of

Contract/O

rder

(Specify

Currency

amount)

Date of

Commencem

ent of

work/service

s or supply

of goods

Scheduled

completion

time(months)

delivery

schedule

Date of

actual

completion/s

upply

Reasons for

delay in

execution, if

any

Project cost

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Place: [Sign. Of authorized signatory of bidder]

Date:

Name:

Designation:

Instructions:

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1. Copies of letter of awards/order/work orders and completion certificate (in case of works/services) or IRN/Proof of delivery (in case of supplies, if applicable) to be enclosed.

2. The supply/work/services completed earlier than 10(Ten) years need not be indicated here.

3. The list of supply/ work/ services not of similar nature need not be indicated here. Failing to comply aforementioned instructions may lead to rejection of bid.

4. Bidders are expected to provide details in respect of each order in this Annex. The orders cited must comply with the bid evaluation criteria specified in Tender Document Details

provided in this section is intended to serve as a backup for information provided in Offer/Quotation. Bidder should also refer to the instructions below.

5. A separate sheet should be filled for each LOA/work order/ purchase order.

6. Certificate from the bidder’s statutory auditors must be furnished in the format below for LOA/Work Order/Purchase Order mentioned above (separately for each orders)

7. It may be noted that in the absence above certificates, the details would be considered inadequate and could lead to the bid being considered ineligible for further evaluation.

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Form F-9 PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE GUARANTEE

(ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE)

Bank Guarantee No……………. Date…………………………….

Bid Document No. :

Project :

To,

SABARMATI GAS LIMITED,

(A joint Venture of GSPC and BPCL)

Plot No.: 907,

Sector – 21,

Gandhinagar - 382021

Gujarat, INDIA

Subject : Tender no. ________________ for Supply of MDPE Pipes for CGD Project of SGL

Dear Sirs,

M/s __________________________________________________________________ have beenawarded the work

of ___________________________________________________________forSABARMATI GAS LIMITED,

(SGL), Plot No.: 907,Sector – 21,Gandhinagar – 382021, Gujarat, INDIA.

The Contracts conditions provide that the CONTRACTOR shall pay a sum of._____________ (as full Contract

Performance Guarantee in the form therein mentioned. The form of payment of Contract Performance Guarantee

includes guarantee executed by Nationalised Bank, undertaking full responsibility to indemnify SABARMATI GAS

LIMITED,in case of default.

The said_______________________________________________ has approached us and attheir 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

and agree with you that if default shall be made by M/s__________________________________ in

performing any of the terms and conditions of the tender or in payment of any money payable to

SABARMATI GAS LIMITED, we shall on demand pay without any recourse to the contractor to you in

such manner as you may direct the said amount of Rupees _____________________________ only or such

portion thereof not exceeding the said sum as you may from time to time require.

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 contract

with the said _____________________________________ and to enforce or to forbear from endorsing any

powers or rights or by reason of time being given to the said __________________________ which under

law relating to the sureties would but for provision have the effect of releasing us.

3. Your right to recover the said sum of ____________________________________

(Rupees_______________________________________) from us in manner aforesaid 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.

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 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.

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5. This guarantee shall be irrevocable and shall remain valid upto______________ If any further extension of

this guarantee is required, the same shall be extended to such required period on receiving instruction from

M/s.___________________________________________________ on whose behalf this guarantee is

issued.

6. The Bank Guarantee’s payment of an amount is payable on demand and in any case within 48 hours of the

presentation of the letter of invocation of Bank Guarantee. Should the banker fail to release payment on

demand, a penal interest of 18% per annum shall become payable immediately and any dispute arising

out of or in relation to the said Bank Guarantee shall be subject to the jurisdiction of Gandhinagar,

Gujarat Courts.

7. We have power to issue this guarantee in your favour 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

authorised to sign on behalf of

the Bank.

Note: bidder to submit signed & stamped copy of this proforma in token of acceptance.

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Form F-10 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

STATUS

1.0 Confirm that the following details have been submitted in the Un-priced Techno-

commercial part of bid :

a) Covering Letter / Letter of Submission giving reference no. for future use.

b) Bid Security as per tender terms and condition.

c) Signed & Stamped bid document along with drawings and addendum (if any).

d) Power of Attorney in the name of person signing the bid.

e) Bidders Declaration that they are not under any liquidation court receivership or

similar proceedings.

f) Un-priced SOR with prices blanked out and mentioning “Quoted/ Not quoted”

against each item but no amount to be filled up.

g) Bid Document fee ( Not Applicable)

2.0 Confirm that the following details have been submitted in the Un-priced Techno-

commercial part – 1 as per requirement of BEC:

a) Audited Balance sheet of last three financial years.

b) Details & documentary proof required against stipulated Bid evaluation criteria

with complete documents.

3.0 Confirm that all forms are enclosed with the bid duly signed by authorized

persons

4.0 Confirm that the price bid as per Price Schedule format has been duly filled in

for each item, signed and stamped on each page separately.

5.0 Confirm that proper page nos. have been given in sequential way in all the

documents submitted along with your offer with Index.

6.0 Confirm that any correction in the Un-priced part has been initialed and stamped.

7.0 Confirm that any correction in the “Price Part” (part – II) has been signed and

stamped.

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8.0 Confirm that the bid is valid for Nine (9) Months from the bid due date.

9.0 Confirm that the Delivery Period will be as per tender terms and conditions

10.0 Confirm that the rates are quoted as per SOR format

11.0 Confirm that the Price Reduction Schedule is acceptable.

12.0 Confirm that the Payment terms and mode of payment are acceptable.

13.0 Confirm that the Performance Bank Guarantee clause is acceptable.

14.0 Confirm that the Guarantee clause is acceptable.

15.0 Confirm that the Price will remain Firm and fixed for the entire duration of

Contract.

16.0 Confirm that there is no deviation taken by the bidder.

(Seal and Signature of Bidder)

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Form F-11 DECLARATION

(ON BIDDER’S LETTER HEAD)

Bid Document No. :

Project :

To,

SABARMATI GAS LIMITED,

(A joint Venture of GSPC and BPCL)

Plot No.: 907,

Sector – 21,

Gandhinagar - 382021

Gujarat, INDIA

Subject : Tender no. ________________ for Supply of MDPE Pipes for CGD Project of SGL

Dear Sir,

We confirm that

1. We are not under any liquidation, court receivership or similar proceedings.

2. We have not been banned or delisted or any litigation by any Indian Government organisation or its

undertaking from quoting.

3. We are not under a declaration of ineligibility by Purchaser for corrupt and fraudulent practices.

4. We are not banned / put on holiday / put on hold by any Government / PSU or CGD firm.

5. We have not been convicted by any court of law in last 5 years reckoned from bid due date.

6. We have not been submitted any alternative bid.

SEAL AND SIGNATURE OF BIDDER

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FORMS & FORMATS P.012213

R11068

001

Rev.01:16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 19 of 26

Form F-12 POWER OF ATTORNEY

(TO BE STAMPED IN ACCORDANCE WITH STAMP ACT)

Bid Document No. :

Project :

To,

SABARMATI GAS LIMITED,

(A joint Venture of GSPC and BPCL)

Plot No.: 907,

Sector – 21,

Gandhinagar - 382021

Gujarat, INDIA

Subject : Tender no. ________________ for Supply of MDPE Pipes for CGD Project of SGL

Dear Sir,

Know all men by these present, We…………………………………………………………………..(name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorized

Mr./ Ms ( name)………………………………… son/daughter/wife of ……………………………. And presently residing at………………………………………………….., who is presently employed with us/the Lead Partner of our Consortium and holding the positing of………………………………… ,as our true and lawful attorney ( hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts,

deeds and things as are necessary or required in connection with or incidental to submission of our application

for submission of our bid for the …. Project proposed or being developed by the ………………… ( the “

Authority”) including but not limited to signing and submission of all applications, bids and other documents,

and writings, participate in Pre-Application and other conference and providing information/ responses to the

Authority, representing us in all matters before the Authority, signing and execution of all contracts including the

Concession Agreement and undertaking consequent to acceptance of our bid, and generally dealing with the

Authority in all matters in connection with or relating to or arising out of our bid for the said Project and /or

upon award thereof to us and or till the entering into of the Concession Agreement with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done

or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power

of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby

conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE,…………………………….. THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS………. DAY OF……………………..2….

For

……….. ……

(Signature, name designation and address)

Witness:-

1.

(Notarized)

2.

Accepted

…………………………………

(Signature)

(Name, Title and Address of the Attorney)

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FORMS & FORMATS P.012213

R11068

001

Rev.01:16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 20 of 26

Notes:-

i. The mode of execution of the power of Attorney should be in accordance with the procedure , if any,

laid down by the applicable law and the charter documents of the executants) (s) and when it is so

required , the same should be under common self affixed in accordance with the required procedure.

ii. Wherever required, the Applicant should submit for verification the extract of the charter documents

and documents such as a board of shareholder’s resolution /power of attorney in favor of the person

executing this power of Attorney for the delegation of power hereunder on behalf of the Applicant.

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FORMS & FORMATS P.012213

R11068

001

Rev.01:16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 21 of 26

Form F-13 BIDDERS QUERIES & IT’S REPLY

QUERIES RAISED DURING PRE-BID MEETING BY BIDDER AND REPLY / CLARIFICATION

TO BIDDERS BY OWNER FOR

TENDER ENQUIRY FOR SUPPLY OF MDEP PIPES

Tender No.:

Tender Id :

Tender Type-

Date / Time of Pre- Bid :

Date of Pre-bid Clarifications-

Venue:

Bidder Name :

Sr.

Tender

Clause No.

/

Annexure

Page No. Clause

description

Bidders

Comments /

Queries

Owner or Owner’s Representative

Reply / Clarifications to Bidders

1

2

3

4

5

6

7

8

9

10

11

12

13

14

Prepared By Reviewed by Approved By

Bidder should prepare their queries in above format only and submit to OWNE / Consultant.

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FORMS & FORMATS P.012213

R11068

001

Rev.01:16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 22 of 26

Form F-14 SERVICE TAX UNDER TAKING

Bid Document No. :

Project :

To,

SABARMATI GAS LIMITED,

(A joint Venture of GSPC and BPCL)

Plot No.: 907,

Sector – 21,

Gandhinagar - 382021

Gujarat, INDIA

Subject: Service Tax Undertaking

"We hereby certify that we have raised bills for the period between __________ to _____________ on

Sabarmati Gas Ltd. (SGL) (hereinafter referred to as "the said bills") in which we have charged service

tax as per the applicable provisions of law.

SGL has made the payment of the entire service tax amount charged in the said bill in proportion to the

payment made to us for value of services for each respective bill(s).

We have paid the entire amount of service tax collected from SGL to the Government Treasury by one

of the modes recognized under law.

We declare that we have no outstanding payable to Service Tax Department regarding the said bills. We

undertake that any liability towards the service tax amount including interest and penalty thereon will

solely be borne by us.

We further undertake to indemnify SGL towards any amount, expenses or cost which it may be required

to pay towards the aforesaid liability."

In addition to this we also require a certificate from your chartered accountant in the below mentioned

format:

"We certify that M/s __________, has discharged all their dues for payment of service tax arising from

the bills raised on Sabarmati Gas Ltd. (SGL) for the period between ___________to ____________. No

amount recovered from SGL towards service tax liability remains unpaid by Ms. ___________ towards

the service tax liability arising out of the said bills."

SEAL AND SIGNATURE OF BIDDER

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FORMS & FORMATS P.012213

R11068

001

Rev.01:16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 23 of 26

FORM F-15 CUT-OUT SLIPS (4 NOS.)

CUT OUT SLIP -1

(OUTER ENVELOPE)

DONOT OPEN-THISIS A QUOTATION

CLIENT : SABARMATI GAS LIMITED

PROJECT : SUPPLY OF MDPE PIPES (ARC)

BIDDOCUMENTNO :

DUEDATEOF SUBMISSION :

DUE TIME OF SUBMISSION :

TO : KIND ATTEN:

SABARMATI GAS LIMITED,

(A JOINT VENTURE OF GSPC AND BPCL)

PLOT NO.: 907, SECTOR – 21,

GANDHINAGAR – 382021, GUJARAT, INDIA

FROM : BIDDER NAME

ADDRESS

PHONENO.

FAXNO

E MAIL

(To be pasted on the outer envelope containing “Priced”, “Un-priced” bids along with Bid security/

EMD and Bid Fees)

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FORMS & FORMATS P.012213

R11068

001

Rev.01:16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 24 of 26

CUT OUT SLIP -2

DONOT OPEN-THISIS A QUOTATION

PART–I (UNPRICEDBID)

CLIENT : SABARMATI GAS LIMITED

PROJECT : SUPPLY OFF MDPE PIPES (ARC)

BIDDOCUMENTNO :

DUEDATEOF SUBMISSION :

DUE TIME OF SUBMISSION :

TO : KIND ATTEN:

SABARMATI GAS LIMITED,

(A JOINT VENTURE OF GSPC AND BPCL)

PLOT NO.: 907, SECTOR – 21,

GANDHINAGAR – 382021, GUJARAT, INDIA

FROM : BIDDER NAME

ADDRESS

PHONENO.

FAXNO

E MAIL

(To be pasted on the envelope containing “Un-priced” bidalong with Bid security/ EMD and Bid Fees)

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FORMS & FORMATS P.012213

R11068

001

Rev.01:16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 25 of 26

CUT OUT SLIP -3

DONOT OPEN-THISIS A QUOTATION

PART – I (BID SECURITY / EMD AND BID FEES)

SOR LINE ITEM NO :

CLIENT : SABARMATI GAS LIMITED

PROJECT : SUPPLY OF MDPE PIPES (ARC)

BIDDOCUMENTNO :

DUEDATEOF SUBMISSION :

DUE TIME OF SUBMISSION :

TO : KIND ATTEN:

SABARMATI GAS LIMITED,

(A JOINT VENTURE OF GSPC AND BPCL)

PLOT NO.: 907, SECTOR – 21,

GANDHINAGAR – 382021, GUJARAT, INDIA

FROM : BIDDER NAME

ADDRESS

PHONENO.

FAXNO

E MAIL

(To be pasted on the envelope containing “BID SECURITY / EMD” bid along with “ UNPRICEDBID”)

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FORMS & FORMATS P.012213

R11068

001

Rev.01:16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 26 of 26

CUT OUT SLIP -4

DONOT OPEN-THISIS A QUOTATION

PART – II (PRICED BID)

CLIENT : SABARMATI GAS LIMITED

PROJECT : SUPPLY OF MDPE PIPES (ARC)

BIDDOCUMENTNO :

DUEDATEOF SUBMISSION :

DUE TIME OF SUBMISSION :

TO : KIND ATTEN:

SABARMATI GAS LIMITED,

(A JOINT VENTURE OF GSPC AND BPCL)

PLOT NO.: 907, SECTOR – 21,

GANDHINAGAR – 382021, GUJARAT, INDIA

FROM : BIDDER NAME

ADDRESS

PHONENO.

FAXNO

E MAIL

(To be pasted on the envelope containing “Priced” bid)

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SCHEDULE OF RATES P.012213

R11069

001

Rev.1 : 16.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 1 of 1

SABARMATI GAS LIMITED (SGL)

TENDER FOR SUPPLY OF MDPE PIPES (ARC)

SECTION - VI

SCHEDULE OF RATES (SOR)

1 16.02.2018 Issued for RFP BP AS PP

0 14.02.2018 Draft issued for comment BP AS PP

Rev Date Subject of Revision Prepared By Checked By Approved By

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Amount % Amount Amount % Amount Amount Amount

1 2 4 6 7

A

Manufacure, Inspection , Testing, Supply,

Transportation & Unloading of following MDPE Pipes

conformning to IS 14885 or ISO :4437 as specified in

bid document at SGL's store located at Gandhinagar

(Gujarat)

1.0 32 mm x PE 100 x SDR 11 Meters 594,000.00

2.0 63 mm x PE 100 x SDR 11 Meters 447,000.00

3.0 90 mm x PE 100 x SDR 17.6 Meters 330,000.00

4.0 125 mm x PE 100 x SDR 17.6 Meters 170,000.00

5.0 125 mm x PE 100 x SDR 17.6 ( In coil / reel) Meters 7,000.00

TOTAL -

Item Sr. No.Qty

2. Bidder to clearly indicate 'Quoted' / 'Not Quoted' against each Sr. No. in the price column in the un-priced Schedule of Rates and submit the same in Un-priced part of the bid. Bidder to submit Price part of above

Schedule of Rates in their Priced Bid. All column of price schedule must be filled with required information as applicable.

Tender No.: P.012213-R-10750-001

Unit

Owner : Sabarmati Gas Ltd. (SGL)

5

Goods & Service Tax (GST)

applicable extra on freight col.4

Unit Price - Purchaser's

stores inclusive of P&F

charges, applicable taxes,

freight etc.

(2)+(3 )+(4)+(5)

7. Purchaser reserves the right to decrease/ increase the quantity of any item(s) as per provision of Bid document before award of contract.

3. Bidder must quote the price in Schedule of Rates formats only. Bid submitted with changed format / description is liable to be rejected.

6. If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit price and quantity the unit price shall prevail and the total price will be corrected. If there is a

discrepancy between the total amount and the sum of total prices, the sum of the total prices shall prevail and the total bid amount will be corrected.

Note:

1. Scope of Work and other terms and conditions are strictly as per bid document.

8. Above quoted prices for supply of PE Pipes on FOT Site( Purchaser's store) basis, shall be inclusive of all & nothing shall be paid extra by Purchaser.

SOR No. P.012213 R11069 001

Rev. No.: 01

Date: 16.02.2018

Brief Description

4. All the Columns of quoted items in the Schedule of Rates must be filled with required information, as applicable. Bidder can indicate "0" (zero) in any column but "included" word should not be mentioned.

5. Quoted rates are firm and fixed till complete execution of the entire order.

Name of Bidder:

Currency: INR

3

SCHEDULE OF RATES

FOR

TENDER FOR SUPPLY OF MDPE PIPES (ARC), SGL

Seal & Signature of Bidder

Unit FOT

Despatch Point

rate including

Packing and

Forwarding

Charges

Unit Freight extra upto

Purchaser's store at

Gujarat including Entry

tax & unloading etc.

Total Price - Purchaser's store at

Gujarat (FOT-Site)

(6 x 1)

Goods & Service Tax (GST)

applicable extra on col. 3

Rev-0 : 13.02.2018 Tender For Supply Of MDPE Pipes (ARC) Page 1 of 1

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At the helm of the Energy Transition, Tractebel provides a full range of engineering and consulting services throughout the

life cycle of its clients’ projects, including design and project management. As one of the world’s largest engineering consultancy

companies and with more than 150 years of experience, it's our mission to actively shape the world of tomorrow. With about 4,400

experts and offices in 33 countries, we are able to offer our customers multidisciplinary solutions in energy, water and

infrastructure.

TRACTEBEL ENGINEERING PVT. LTD. Intec House 37

Institutional Area, Sector 44

122 002 - Gurgaon - INDIA

tractebel-engie.com

Pintukumar Chandubhai PATEL tel.

+91 11 47012200 [email protected]

TRACTEBEL ENGINEERING PVT. LTD. GUJARAT OFFICE 409-A, Meghmalhar Complex, Sector-11 Gandhinagar

382011 - Gujarat - INDIA

tractebel-engie.com

Pintukumar Chandubhai PATEL tel.

+91 79 23243982

[email protected]