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    GAIL (INDIA) LIMITEDCAUVERY BASIN, PONDICHERRY

    TENDER NO.GAIL/PY/C&P/SCRAP/FL-001/09-10

    DATED.19.11.2010

    TENDER FOR DISPOSAL OFSCRAP ITEMS LYING AT GAIL, CAUVERY

    BASIN

    TENDER DUE DATE & TIME: 10.12.2010 AT 15.00 HRS

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    GAIL (INDIA) LTD.CAUVERY BASIN, PONDICHERRY

    TENDER NO. : GAIL/PDY/C&P/FL-001/09-10 DT. :19.11.2010

    TENDER FOR DISPOSAL OF SCRAP ITEMS LYING AT ADAIKKAMANGALAM,NARIMANAM & NALLUR TERMINAL UNDER CAUVERY BASIN,PONDICHERRY,

    A. DESCRIPTION OF ITEMS : 1.MS Steel scrap2.Pipe Scrap3.Used Capital Scrap4.Security cabin scrap5.Used Mec/Elec./Inst.scrap6. Used Filter Scrap7. Sludge oil waste

    B. LOCATION OF ITEMS : GAIL (India) Ltd.,Adiyakkamangalam, Tiruvarur Dist

    Nallur Terminal,Tiruvarur Dist,

    Narimanam, Nagapattinam Dist.

    Terminal,

    C. SALE OF TENDER DOCUMENTS : 19.11.2010 to 09.12.2010Between 09:30 hrs to 17:00 hrs.on all working days atGAIL(India)Ltd

    Savitha Plaza, 4th Floor,Indira Gandhi Square,Pondicherry-605005

    D. INSPECTION OF ITEMS : From 19.11.2010 to 09.12.2010between 10.00 hrs and 16.30 hrs on allworking days except Sundays andholidays at the above locations.

    F. PLACE FOR SUBMISSION : GAIL (INDIA) LTD.,

    OF TENDER 4th

    FLOOR, SAVITHA PLAZA,100 FEET ROAD,

    INDIRA GANDHI SQUARE,

    PONDICHERRY - 605 005.

    Ph.0413-2200933/980

    G. LAST DATE & TIME FOR SUBMISSION : 10.12.2010 ; 15:00 HRS.OF TENDER DOCUMENTS.

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    H. PAYMENT TERMS : Within 15 days from the date ofreceipt of Sale order with all taxes andduties applicable.

    I. PERIOD OF CONTRACT : 30 days from date of issue of DeliveryOrder.

    The above items shall be sold on AS IS WHERE BASIS and shall be put forinspection from 19.11.2010 to 09.12.2010 between 1000 hrs and 1630 hrs atthe above locations on all working days.

    Bids complete in all respects should reach Manager(C&P),GAIL(India)Ltd,4th

    Floor, Savitha Plaza, 100 feet Road Indira Gandhi Square, Pondicherry - 605 005.

    on or before the due date and time. Bids received after the due date and time are

    liable to be rejected. If not bidding please return the enquiry document along with

    the Regret letter within the due date.

    Bidders are advised to quote strictly as per the terms and conditions of the

    tender documents and not to stipulate any deviations/exceptions. Bidsseeking deviations / exception are liable for summary rejection. Once quotedthe bidder shall not make any subsequent price change whether resulting inarising out of any technical/commercial clarifications sought regarding thebid, even if any deviation or exception may be specifically stated in the bid.Such price changes shall render the offer liable for rejection.

    GAIL may reject/accept any or all offers without assigning any reasonwhatsoever at its sole discretion.

    Tenderers are requested to mention their PAN No in their offer.In case of any clarifications, bidders are requested to contact Manager(C&P)

    GAIL(India)Ltd, Pondicherry, Cell: 9443347934

    For GAIL (India)Ltd.,

    Manager(C&P)

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    GAIL (INDIA) LIMITEDCAUVERY BASIN, Pondicherry

    Contracts and Procurement Department

    DISPOSAL OF SCRAP MATERIAL

    TENDER OPENING DATE & TIME10.12.2010 at 15.30 HRS.

    INSPECTION DATEFROM 19.11.2010 TO 09.12.2010

    WORKING HOURS10.00 TO 16.30 HRS.

    (ON ALL WORKING DAYS)

    VENUE:GAIL (INDIA) LIMITED,,

    4thFLOOR, SAVITHA PLAZA,INDIRA GANDHI SQUARE,PONDICHERRY - 605 005.

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    SPECIAL CLAUSES

    PURCHASE OF HAZARDOUS WASTE DEFINED UNDER THEHAZARDOUS WASTE (MANAGEMENT & HANDLING) RULES 1989NOTIFIED UNDER THE ENVIRONMENT (PROTECTION) ACT ,1986ARE REQUIRED TO HAVE ENVIRONMENTALY SOUND PROCESSINGTECHNIQUE , EFFICIENT POLLUSION CONTROL SYSTEMS & VALIDAUTHENTICATION FROM THE STATE POLLUTION CONTROLBOARD /POLLUTION CONTROL COMMITTEES IN UNIONTERRITORIES OF HANDLING SUCH WASTES IN ADDITION TOCOMPLIANCE OF STANDARDS LAID DOWN UNDER ACT.VIOLATION

    OF ANY PROVISION OF THE RULES AND NON-COMPLIANCE WITHTHE STANDARDS ARE PUNISHABLE UNDER SECTION 15 OF THESAME ACT.

    AS SUCH ALL THE PURCHASERS OF WASTE OIL SLUDGE, SCRAPFILTERS ARE REQUIRED TO SUBMIT THE FOLLOWINGCLEARANCE CERTIFICATES ALONG WITH THE TENDERDOCUMENTS AT THE TIME OF TENDER OPENING.

    A) A VALID AUTHORISATION FROM THE APPROPRIATEAUTHORITIES AS PER LAW OF HANDLING OF HAZARDOUSWASTE UNDER THE HAZARDOUS WASTE (MANAGEMENT &HANDLING)RULES 1989.

    B) VALID CONSENT LETTERS FROM THE STATE POLLUTIONCONTROL BOARDS UNDER AIR AND WATER ACT.

    PARTY SHOULD BE REGISTERED RECYCLER AUTHORISED BYSTATUTORY AUTHORITIES. DOCUMENTARY PROOF HAS TO BESUBMITTED ALONG WITH TENDER DOCUMENTS.

    EVEN AFTER MAKING IT VERY CLEAR TO ALL TENDERERS ABOUTSUBMISSION OF AUTHORISATION LETTERS AS STATED ABOVE , IFANY TENDERER SUBMITS HIS QUOTATION FOR SUCH SPECIFIEDMATERIAL , THEN IT SHALL BE PRESUMED THAT HE SHALL BESUBMITTING SAME LATER ON BUT BEFORE ISSUE OF SALEACCEPTANCE LETTER BY GAIL. THE SECURITY DEPOSIT OF SUCHTENDERERS /PURCHASERS SHALL AUTOMATICALLY STANDSFORFEITED WHO FAIL TO SUBMIT THE REQUIRED STATUTORY

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    DOCUMENT WITHIN THE VALIDITY PERIOD OF SALE ACCEPTANCELETTER.

    SPECIAL TERMS AND CONDITIONS OF THE TENDER

    The following terms and conditions supercede the relevant clauses ofGeneral Terms and conditions:

    1.0 SUBMISSION OF TENDER:1.1 All sealed tenders must be submitted on or before 15:00 hrs

    of 10.12.2010.

    No tender after the specified time and date shall be accepted. Tender will be opened at 15:30 hrs on the same daythereafter in the presence of such tenderers who wish to bepresent.

    1.2 All tenderers shall keep their tenders open for acceptance fora period of 120 (one twenty) days from the date of opening.

    1.3 Only one tender is to be submitted by one tenderer.1.4 The quotation must be made for full lot as mentioned in the

    material list. Any deviation from that shall not beconsidered.

    2.0 LOCATION: GAIL.CAUVERY BASIN, PONDICHERRY.

    3.0 INSPECTION: The materials offered for sale may be inspected from19.11.2010 to 09.12.2010 from 10.00 AM to 4.30 pm on allworking days except Sundays and holidays.

    3.1 The tenderer should thoroughly satisfy themselves about thenature, specifications conditions and quality of the materialsand working conditions. GAIL gives no guarantee orwarranty as to the condition of the materials or its quality or

    its fitness for any specific purpose or use. It should beclearly understood that no claim/complaint about thequality, specifications quantity and conditions/fitness for theuse shall be entertained by GAIL.

    4.0 EARNEST MONEY DEPOSIT / SECURITY DEPOSIT:

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    4.1 The tender should be accompanied by the EMD of 5% of totalnet value quoted. The EMD must be in form of DemandDraft drawn in favour of GAIL (India) Limited payable atPondicherry. This shall be released immediately tounsuccessful bidders on finalization of contract. However,

    EMD of successful bidder shall be released on successfulCompletion of Delivery order.

    5.0 SALE ORDER

    5.1 The Contract shall be treated as having been entered into assoon as a letter of acceptance / Sale Order is used by GAILto the successful tenderer. The contract shall be deemed tobe completed as soon as the area is cleared by the buyer/lifting the entire lot as per Sale Order or on completion of theperiod of contract whichever is the earliest.

    6.0 PAYMENTS : The 100% value of entire value of materialsalong with all taxes and duties must be paid within 15 days onreceipt of Sale Order.

    7.0 DELIVERY ORDER:

    7.1 After receipt of entire material value (including taxes andduties) in full by GAIL, the Delivery Order will be issued tothe successful tenderer. The successful bidder will have tolift the entire material lying in the lot allotted to them by

    employing their own labour and cost from the area allottedto them within 30 days from the date of issue of DeliveryOrder (including date of issue) by GAIL or within such timeas may be prescribed in the Delivery Order.

    7.2 The buyer is to ensure that the vehicles deputed for disposalshould report for loading in early hours in such a mannerthat requisite time is available for loading and vehicles arereleased before closing of the working hours. No loadingshall be permitted during lunch hour and after 4.30 PM.

    7.3 The material will have to be removed on AS IS WHERE ISBASIS at the buyers own cost and expenses. No processing

    other than dismantling as may be required for convenienttransportation will be permitted at the sole discretion of theOwner. The buyers shall not be provided with any manpoweror equipments including Dozer, Scrapper, Cranes, Gas andPower, Water or other facilities by the Owner. The buyer hasto arrange for any of these at their own cost and they shalltake prior permission from Owner for this purpose. While

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    removing one lot, the other lots should not be disturbed /damaged.

    8.0 REMOVAL OF MATERIALS

    8.1 Dismantling and transportation of the goods shall be theresponsibility of the buyer at his costs and risks, taking allsafety precautions.

    8.2 The buyer will arrange to remove the materials sold to himand clear the site within the stipulated period mentioned inDelivery Order.

    8.3 If at any time, after Sale Order is issued, owner wants to

    retain any; item/items for purpose of running of anyequipments, the Buyer should agree to it and necessarydeduction will be made from the Sale Order value, as perOwners, assessment which shall be binding on the Buyer.

    8.4 Normally dispatch of material is allowed only by Road and alltrucks are to be weighed at Owners Weigh Bridge / OwnersAuthorised Weigh Bridge. For heavier and longerconsignments, if required, Buyer may; arrange trailers withprime-movers through their own resources. Owner shall notbe responsible for any delay accounting due to nonavailability of trailors etc.,

    8.5 Owners or its authorized representatives shall have the rightto stop dismantling and loading of the materials if they feelthat the buyer or his representative are not following theinstructions given to them or the job is not carried out inaccordance with the provisions of the contract.

    8.6 Dismantling / removal of materials on Pick & Choose basisshall not be allowed.

    8.7 Dismantling work, removal and transportation of materialsshall be done only during 10.00 Hrs to 1630 Hrs. of thefactory/site. No materials will be allowed to go out after 5.00PM on week days. Similarly, no materials will be allowed to

    go out of on Sundays and holidays. No buyers men will beallowed to stay inside the factory beyond the above and alsoon Sundays and holidays excepting the Security Guardsposted by the Buyer to look after the sold goods and his owntools, tackles and other materials with prior approvals.

    8.8 The buyer shall not be allowed to store the material on theroad sides which may block traffic on the road or causeinconveniences to the working of any factory/site.

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    8.9 The first stored material should be removed first. The timeschedule and sequence of the removal of the material,prepared jointly by owner and the Buyer shall have to bestrictly adhered to.

    8.10 The buyer shall not be entitled to resell any material

    equipment / items out of the goods sold to him while thesegoods are still lying within the premises of Owner. Nodelivery of material would be affected by the owner to anypersons other than the buyer or his authorizedrepresentative.

    8.11 The buyer shall comply with all safety, security andstatutory provisions as applicable.

    9.0 ENGAGEMENT OF LABOUR9.1 The labour should be generally being in accordance with the

    labour laws of the Government.9.2 The entry of the employees of the Buyer shall be regulated

    through the valid gate passes issued by security on therecommendations of the Engineer-in-Charge of the contract.All rules enforced from time to time in this respect shall haveto be followed by the buyer.

    9.3 In case any dispute on payment, creating disturbances, theOwners will have right to intervene in the issue and gothrough the wage/pay register of the Contractor, if necessaryto decide the conflict/issue.

    9.4 The Buyer shall have to follow all other statutory obligationsfrom time to time as per labour laws of the State.

    10.0 SAFETY10.1 No work of dismantling will be allowed unless a valid safety

    permit for the particular job/section is issued by theAuthorised Representative of GAIL countersigned by therepresentative of the Owners safety department.

    10.2 The buyers shall be responsible to follow safety instructionsas per safety permit issued to him and other safetyregulations of Owner / State Govt. and will ensure that noaccident or damage to either man or machine inside theGAIL premises takes place any loss / accident on this scorewill be dealt in accordance with the Factory rules and Buyer

    shall be responsible for the same.10.3 Any loss / damage caused to the property of the owner has

    to be made good by the Buyer as per the assessment of theCommittee constituted by the Owner Management only whodecision shall be final and binding on the buyer.

    10.4 Gas cutting work to be carried out by the Buyer in course ofdismantling work etc. will be allowed only under supervisionBuyers supervisory personnel who will ensure that all safety

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    precautions have been taken including those for preventionof fire in and around the area.

    10.5 All arrangements for dismantling, removal, loading and fortransportation of the sold material have to be made by thebuyer himself. The owners do not take any responsibility for

    providing oxygen / DA cylinders or any other consumablesto the Buyer for dismantling job.

    However, subject to availability, the owner may provide the abovefacility to the Buyer on existing hire charges as fixed for thecontractor(s) and the amount towards hire charges has to bedeposited with owner in advance.

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    DECLARATION BY TENDERERS

    I/WE HAVE FULLY UNDERSTOOD THE ABOVE SPECIAL TERMS AND

    CONDITIONS AS WELL AS GENERAL TERMS AND CONDITIONS OF THE TENDER (ATTACHED WITH THE TENDER) WHICH ARERETURNED HEREWITH DULY SIGNED BY ME / US ON EACH PAGE INTOKEN OF HAVING ACCEPTED THE SAME IN TOTO AND I / WE HAVEMADE MY / OUR OFFER KEEPING IN VIEW TO THE TERMS ANDCONDITIONS:

    01. OUR CST / ST REGISTRATION NO. IF ANY: __________________

    02. NAME AND ADDRESS OF OUR BANK : _________________

    03. OUR BANK A/C __________________________________________

    04. FULL NAME OF TENDERER / REP

    ADDRESS : ________________________________________________

    _________________________________________________

    _________________________________________________

    TELEPHONE NO. WITH STD CODE ___________________________

    MOBILE NO. ____________________________E-MAIL ADDRESS _______________________

    05. SIGNATURE OF THE TENDERER/REP ____________________

    06. OFFICIAL STAMP / SEAL :

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    IMPORTANT NOTE TO ALL TENDERERS:

    1.0 RETURNED / UNDELIVERED MAIL:

    1.1 The tenderers must write their complete postaladdress correctly and legibly (preferably in Bold Letter) sothat the Sale Acceptance Letters / Sale Order or the EMDrefunds are made correctly, GAIL shall not be responsible foreither delay or non-delivery of SOs/EMDs due to wrong orillegible / incomplete address given in the tender document.

    1.2 In case the SOs/EMD cheques / Drafts are returnedby; the postal authorities / courier service to GAILundelivered with any remarks such as addressee not found,Incomplete address, Wrong address, Shop closed, No

    such firm exists at this address, or likewise, then it shall beviewed very seriously and, therefore, suchcheques/drafts/SOs shall by lying in GAIL office at the solerisk & responsibility of tenderers. However, GAIL may at itssole discretion and on written request of tenderers, againsend the undelivered letter/SOs/EMD Cheques/Drafts tothe addressee (without changing the text) on pre-payment ofRs.100.00 by Bank Draft in favour of GAIL(India) Ltd.,payable at Pondicherry.

    1.3 While submitting to GAIL, DD towards EMD, it must

    be ensured by tenderers the same has not become STALE(six months from the date of its issue). Please NOTE thatsuch STALE DDs shall not be accepted by GAIL under anycircumstances and if found in the tender same shall beignored and therefore, not counted for towards EMDs.However, the tenderers desirous of submitting such DDsmust get REVALIDATED well in advance before enclosingwith tender document.

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    GENERAL TERMS AND CONDITIONS OF THE TENDER

    1.0 GAIL(India) Limited shall be hereinafter referred to as GAIL and thesuccessful tenderer (i.e., the tenderer in whose favour the contractmay be awarded) shall hereinafter be referred to as the buyer /purchaser.

    2.0 MODE OF SUBMISSION OF TENDERAll tenders must be submitted in the prescribed form only and in sealed covers,

    superscribed with the reference number of the tender enquiry. The tenders

    must be addressed to Manager(C&P), GAIL (India) Limited, 4thFloor,

    Savitha Plaza, 100 feet Road, Indira Gandhi Square, Pondicherry-605005and be sent by post or put in a tender box placed for this

    purpose at the said address.

    2.1 Tenderers should enclose the following documents inside thesealed cover.

    a) Demand Draft / Pay order / Bankers cheque towards EarnestMoney Deposit (personal cheques shall not be considered)

    b)The Special as well as General Terms and Conditions of tender(copy of complete set of tender documents issued to thetenderer) both duly signed by the tenderer in token of havingaccepted the same in TOTO.

    c) Schedule of Rate(s) duly filled in figures and words in andsigned by the tender with seal (as placed in Annexure )

    2.2 No fax / E-mail/Telegram/Telex quotations will be accepted.2.3 Tenderers sending their bid through post will do so solely at

    their own risk and GAIL will not be responsible for any loss intransit or postal delay.

    2.4 Incomplete tenders submitted with qualifying conditions atvariance with the Special as well as General Terms andConditions of tender are liable to be rejected summarily.

    2.5 In the event of GAILs office remaining closed on the day of

    opening of the tender for any unforeseen reason, the tendershall be received up to 3:00 PM on the next working day forGAIL and will be opened at 15:30 hrs on the same day in thepresence of such tenderers who may like to be present. Thetenders shall be submitted on the prescribed due date. GAILshall not entertain any complaint as to the fact that thetenderers were not aware of the exact next working day and itis the responsibility of the tenderers to find out from the office

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    of GAIL about such details. GAIL does not undertake anyresponsibility whatsoever to inform any or all the tendererssuch changes and it is within the rights and discretion of GAILto take all such decision and the same shall be binding on alltenderers.

    2.6 Unless and until specified in the special terms andconditions, enclosed herewith, the validity of the offers,submitted by tenders, shall be kept open for 120 (one twenty)days (including date to tender opening)

    2.7 Please refer to special terms and conditions for any changein general terms and conditions, since for any practicalpurposes the special terms and conditions shall supercedegeneral terms and conditions.

    3.0 EARNEST MONEY / SECURITY DEPOSIT / NO OBJECTIONCERTIFICATE (NOC)

    3.1 The tender should be accompanied by Earnest Moneydeposit of 5% of the total value quoted for each lot subject tomaximum of Rs. One lakh per lot quoted by way of DD/BankersCheque / Pay Order on any scheduled bank in favour of GAIL(India) Limited and payable at Pondicherry. Preferably, separateDD/PO should be submitted towards EMD for separate lots.However, in any case tenderer who wishes to submit a singlePO/DD of the total EMD becoming due against all the lotsquoted for, he should furnish the break up of the EMDsubmitted against each lot quoted for in the appropriate column

    provided for this purpose in the schedule of rate(s). No interestwill be payable on the EMD. For the purpose of calculation ofEMD, taxes and duties etc. will not be counted.

    3.2 EMD in any other form, for example cheque (includingGOOD FOR PAYMENT by the bank). Bank Guarantee, BidBonds/Cash Deposits will not be acceptable to GAIL and anyrequest to recoup EMD from Tenderers pending bills or foradjustment of the same from previous SDs if any or from anyother amount lying with GAIL shall not be entertained.

    3.3 In case of unsuccessful tenderers, the EMD will be refundedafter the expiry of the offer or earlier at the discretion of GAIL.

    3.4 In case the tender is accepted and after the receipt of the duepayments towards full value of the materials includingtaxes/duties (as the case may be) as per the payment termsstipulated in the Special Terms and Conditions, the EMDdeposited by the successful tenderer against each acceptedquotation shall be automatically converted into SecurityDeposits. In case the tender is accepted and the tenderer /buyer refuses / fails to make further financial arrangements

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    towards the full value of materials including taxes and duties asstipulated in the Special Terms and Conditions of the tender,the full EMD against the particular accepted lot(s) shall beforfeited without prejudice to the rights of GAIL to claim suchfurther damages in this regard without further reference to the

    tenderer(s)/Buyer(s).3.5 No interest is payable by GAIL on the Security Deposit. The

    SD is / or refundable to the buyer(s) only on fulfillment of allcontractual obligations of the buyer(s) to the satisfaction of theGAILs representative whose certificate in this regard shall befinal and binding on the buyer(s).

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    PROFORMA FOR ISSUE OF NO OBJECTION CERTIFICATE BYSTOCK HOLDER AFTER DELIVERY OF STORES TO PURCHASER.

    TO

    Sr.Manager(F&A)GAIL (INDIA) LIMITED,PONDICHERRY.

    SUB.: ISSUE OF NOCREF: DELIVERY ORDER NO. DT.

    SALE ORDER NO. DT. TENDER NO. DT.LIFTED LOTS

    Dear Sir,

    We hereby confirm that M/s

    Have lifted above lots in respect of subject delivery order issuedand nothing is outstanding against them. You may take necessary;action for release of the Security Deposit accordingly.

    Thanking you,Yours faithfully,

    Signature and seal of the Store / Stock-in-Charge (C&P)

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    4.0 PAYMENTS

    The total cost of each lot of material, alongwith all taxes and duties mustbe paid by the buyer within 15 days of date of issue of Sales Order.

    4.1 Tenderer is required to pay the total sale value within 15days.

    4.2 Sale value including Sales Tax and duties and other chargesapplicable must be paid by Demand Draft / Pay Order /Bankers cheque drawn on any scheduled bank in favour ofGAIL INDIA LIMITED as directed in sale order to be issued byGAIL.

    5.0 QUALITY, QUANTITY AND SECURITY OF SOLD MATERIAL5.1 The goods will be sold on As is where is basis in so far as

    the physical condition of the same is concerned. That is to say,

    the tenderer(s) will be deemed to have made themselves awareof the physical conditions, dimensions, size, weight, workingconditions etc. by inspecting the material before submittingtheir tender and no complaint / claim in this regard will beentertained by GAIL after the submission of the tender.

    5.2 Tenderers may quote for all or any of the lots mentioned inthe schedule of Rate(s) but no quotation for part quantity ofmaterial in any particular lots will be accepted. Preferably,separate DD/PO should be submitted towards EMD forseparate lots. However, in any case tenderer who wishes tosubmit a single PO/DD of the total EMD becoming due against

    all the lots quoted for, he should furnish the break up of theEMD submitted against each lot quoted for in the appropriatecolumn provided for this purpose in the schedule of rate(s). Nointerest will be payable on the EMD. For the purpose ofcalculation of EMD, taxes and duties etc. will not be counted.

    5.3 Where goods are sold on lot basis and not by unit weight /number basis, the entire material lying in the lot will have to belifted by the buyer(s) so as to clear the entire lot. The quantity,if indicated in such cases against the respective lots, are purelyindicative and GAIL shall not entertain any claim / complaintfrom the buyer(s) for any deficiency in quantity / quality / size

    / dimension or for refund of the whole or any part of thepurchase money or loss of profit or interest / damages orotherwise.

    5.4 Where the goods are sold by unit i.e. weight or number andnot on the basis of lot, the quantity indicated in such casesagainst the respective lots are purely indicative which in actualmay turn out, to be more or less than the indicated quantityafter duly completion of the lifting by the buyer(s), the buyer(s)

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    shall not be entitled to claim any damages, loss of interest ofcompensation or any other account, but shall be entitled toproportionate refund only.

    5.5 Where there are items of more than one classification of anyform in any lot and the tenderer quoted in lump sum of the

    entire lot instead of quoting in units per item, then no refund ofany kind shall be entertained by GAIL / Owners, if the quantity,whatever mentioned in the tender, turns out to be less at thetime of delivery. However, if the quantity turns out to be morethat the tendered quantity then the delivery of materials shallbe limited to tendered quantity only.

    5.6 GAIL reserves the right to accept or withdraw from sale thematerial offered for sale in full or part thereof prior to or afterthe acceptance of the tender without assigning any reason whatsoever. In such and event the payment, if any, depositedby tenderer / purchaser shall be refunded by GAIL in due

    course of time without interest, and thereafter no liability /complaint whatsoever shall be entertained by GAIL.

    5.7 GAIL reserves the right to accept or reject the highest tenderwithout assigning any reason and the contract of any or all thelots may be allotted by GAIL to one or more that one tenderer asGAIL may deem fit and no claim / complaint in this regard willbe entertained by GAIL.

    6.0 INSPECTION

    6.1 The materials quoted for may be inspected at the Owners

    site by prior appointment with the concerned department of theowner and by observing the entry procedure in the works of theOwners. The discretion to allow any person to inspect thestores would rest solely with the Owners and the mere fact ofproducing the tender paper at the concerned works of theOwners will not confer any such right on the person concerned.

    6.2 The material quoted for may be inspected at the appropriatesite(s) as indicated in the Schedule of Rate(s) and tenderer(s),should thoroughly satisfy themselves about the nature,conditions and quality of the materials and working conditions.GAIL give no guarantee or warranty as to the conditions of the

    material or / its quality or its fitness for any specific purpose oruse. It should be clearly understood that no claim / complaintabout the quality, quantity and conditions / fitness for useshall be entertained by GAIL.

    7.0 PERIOD OF CONTRACT7.1 The period of contract will be as specified in the Special

    Terms and Conditions of tender. Unless the materials are lifted

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    within the stipulated time, the contract for the quantity notlifted within the stipulated time shall be deemed to have beencancelled and GAIL / Owner shall be at liberty to dispose themoff without prejudice to its rights against the buyer(s). If furthermaterial is left in the area allotted to the buyer(s) after the

    period of contract GAIL/Owner may at its sole discretion givethe extension of time to the buyer(s) to complete the contract inall respect and the buyer(s) shall remove the materials duringthe extended period also at the same contract rate as providedfor, subject to the price escalation clause.

    8.0 DEFAULT IN PAYMENT BY THE BUYER8.1 In case of default in payment within time limits specified in

    the special terms and conditions of tender, the due paymentmay be made together with additional charges @ 1% per weekor part thereof on the due amount for the period of delay within

    14 (fourteen) days from the due date. However, GAIL reservesthe right not to accept the payment with or without theadditional charges after expiry of the above mentioned timelimits or even within the aforesaid additional period of 14(fourteen) days at GAILs sole discretion and in such an eventthe sale of the lot will be automatically cancelled and theEarnest Money / Security Deposit (as the case may be) of thetenderer will automatically stand forfeited and in addition, theterms of clause 12 herein will be applicable.

    9.0 DEFAULT IN LIFTING BY THE BUYER

    9.1 In case of any default in lifting the materials by the buyer(s) within the time limits specified in the Special Terms andConditions of tender, the un-lifted material may be lifted within14 (fourteen) days from the due dates subject to payment ofground rent for the period of delay beyond the specified freedelivery period. In case of goods sold on lot basis, the groundrent will be payable @ 2% per week or part thereof, on the valueof the entire lot, even lifted in part, whereas in case of goodssold on unit / number basis the ground rent will be payable @2% per week or part thereof on the value of the un-liftedquantity. However, it will be the sole discretion of owner not to

    allow the buyer(s) to lift the material with or without the groundrent after the expiry of the stipulated free delivery period or even within the aforesaid additional period of 14 days and in suchevent the sale of the material not lifted by buyer(s) will beautomatically stand forfeited and in addition, the terms of theclause 12 hereinafter will be applicable.

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    10.0 SALES TAX / EXCISE DUTIES AND LEVIES10.1 All taxes including sales tax or other levies, entailing on the

    transaction under any provincial, local or central taxes in force forthe time being or enforced hereafter having its impact on the

    transaction, will be to tenderers account and shall be deposited byhim alongwith cost of the material.

    10.2 The materials to be purchased by the tenderer shall be subject toall such duties (including excise duty) as may be applicable fromtime to time and the same shall have to be borne by the buyer.

    10.3 Whatever rate of excise duty / sales tax / other levies etc., if any,be assessed / applicable on the date of actual removal / lifting ofmaterials shall be paid by the buyer(s).

    10.4 The buyer(s) will be responsible for complying with the provisionsof the Central and State Excise and Salt Act and the Sales Tax Actof concerned State and the rules framed there under and also by

    the order of instruction issued in this behalf by the appropriateauthority.

    11.0 DELIVERY

    11.1 The buyer(s) shall lift the full materials lying in the lot quotedfor by employing their own labour and transport at their ownrisk and cost from the area allotted to them within thetime stipulated in the Special Terms and Conditions of Tenderor within such time as may be prescribed in the delivery order. The buyer(s) shall lift the materials only from the lots / site

    space as may be earmarked / demarcated by the Owner fromtime to time which should be final and binding on the buyer(s)and they shall observe the rules and regulations and workinghours as may be fixed by the owner. The buyer(s) shall observethe rules only after fulfilling the provisions of advance paymentsand issue of Delivery Order by the Competent Authority. Thebuyer(s) shall follow the procedure of taking the material out ofthe owners premises prevailing in the respective works of theOwner. The buyer(s) shall note that no lifting will be allowed onweekly holiday and closed holiday observed by the Owner.

    11.2 The materials have to be removed on AS IS WHERE IS BASIS

    at the buyer(s) own cost. No processing other than as may berequired for convenient transportation, will be permitted at thesol e discretion of owner before removal from the ownerspremises. The buyer shall not be provided with any equipmentincluding dozer, scraper, gas, power water facilities etc., byowner. The buyer(s) have to arrange for any of these at theirown cost and they shall have to take prior permission from theowner for this purpose.

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    11.3 The locations where the lots are lying are one of the areas of

    active work. Under no circumstances shall the operation of thebuyer(s) interrupts / interface with normal operation of theowner. Further the buyer(s) shall not indulge in any which

    could interface with owners plant installation, if any, in theirarea in the vicinity or site.

    If any damage or loss is caused to the employees or the propertyof the owner or if any; claims are made against GAIL by reasonof any acts of commission or negligence on the part of thebuyer(s) or on the part of their agents, representatives oremployees, GAIL shall be entitled to recover such losses ordamages or claim as may; be ascertained by owner (whichascertainment shall be final and binding or buyer(s) from anyamount due to the buyer(s) including the advance made / to be

    made by the buyer(s) as the EMD / Security Deposit (as thecase may; be) without prejudice to GAILs rights to take furtheraction under the contract as well as recover such losses,damages or claim from any other money due or becoming dueunder any other transaction with GAIL or from the buyer(s)directly.

    11.4 The buyer(s) shall follow the owners procedure in regard to theissue of Gate Passes for taking the materials out of the ownersworks. The buyer(s) shall use for the above purpose only trucks/ vehicles / cranes having area passes recommended by the

    owner and issued by appropriate authority.

    All the motor trucks / tractors / trailors / cranes and othermaterial handling equipment of the buyer(s) shall be dulyregistered, taxes paid properly and otherwise properlymaintained in accordance with Motor Vehicles Act or Rules orany other acts, rules in force.

    The Owner shall allow reasonable number of the buyer(s)authorized representatives / workers / trucks at the solediscretion of the owner for entering into the works site for the

    purpose of removal and transportation of the materials. Theowner shall have the right to ban entry of any entry of any ofthe buyers representatives / workers / trucks at the solediscretion of the owner without assigning any reason.

    11.5 The buyer(s) will have to fulfill the safety rules, security rulesand be governed by the rules under the Factories Act etc., forthe representatives of the buyer(s) prevailing from time to time.

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    The buyer(s) shall supply safety equipment and appliances totheir works at their own cost.

    11.6 The buyer(s) shall be fully responsible for the acts of theirrepresentatives / workers and shall fully indemnify GAIL forlosses / damages sustained by GAIL. The GAIL will not be

    responsible for any claim from labour employed by thebuyer(s). The buyer(s) shall wholly and fully be responsible forsuch claim for compensation either or accident orinjury/death or damage, caused during operation to theiremployees transport or to any of the owners employees or toothers or to the owners property.

    11.7 The buyer(s) or any of their representative worker/agent shallnot indulge in any activity which is directly or indirectlyprejudicial to GAIL interest or shall not commit any; acts or amisappropriation, pilferage or abetting misappropriation orpilferage of owners property or any attempt thereof to offer or

    attempt offer illegal gratifications including offering bribe,reward or advantage etc., pecuniary or otherwise to any officeror employees of GAIL. Indulge in any malpractice namely butnot limited to forgery, falsification or fabrication of documents,bills, voucher, indents etc., in support or any claim againstGAIL for any reduction of any liability or in connection withwork of GAIL or indulge in any other act which amounts to anoffence punishable under the Indian Penal Code or any otherenactment.

    11.8 The buyer(s) shall abode by the Central / State Labour

    Legislation as may be applicable from time to time. It shall bethe responsibility of the buyer(s) to provide necessaryinsurance cover to their workers / labours as may; berequired under the law.

    12 TERMINATION / BREACH OF CONTRACT RISK PURCHASE

    12.1 In the event of tenderers failure to fulfill any of the tenderobligation including not lifting the contracted materials underthis agreement GAIL shall have the full liberty to do any or allof the following.

    a) Cancel the contract with immediate effect for the materialsunder the contract not taken delivery of by; the tenderers ason the date in which case security deposit and or the EMD(as the case may be) shall be forfeited.

    AND / OR

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    b) Retain and / or adjust / cover from tenders any amountlying with GAIL to the tenderers credit either under thiscontract or any other contract or which may at any timebecome payable / refundable to the tenderer either underthis contract or any other contract, the amount of losses or

    damages or claim that might be incurred by GAIL in sellingthe materials under the contract not taken delivery of by thetenderer at tenders risk and costs. Even after such recovery/ adjustment by GAIL from tenderers any amount asmentioned above lying with GAIL, if any further amount isstill found payable / refundable by the tenderer, the tenderershall pay the same to GAIL on demand without any objectionor demurrage. The reasonableness of the rate at which GAIL,decides, the decision of GAIL shall be final and binding onthe tenderer. Provided no loss is incurred by GAIL thetenderer shall only be entitled to the refund of the amount

    retained by GAIL/Stockholder by way of advance paymenttowards the undelivered stores without any interest there onbut not other amount.

    13 FORCE MAJEURE13.1 GAIL shall not be liable for any failure or delay in performance

    due to any cause beyond their control including fires, floods,strikes, go-slow, lockout, closure, pestilence, distilencedispute with staff, dislocation of normal working conditions,war, riots, epidemics, political upheavals, Government action,civil commotion, breakdown of machinery shortage of labour,

    acts, demands or otherwise any other cause or conditionsbeyond the control of aforesaid caused or not any theexistence of such cause or consequence may operate at thesole discretion of GAIL to extend the time of performance onthe part of the GAIL by the period as may be necessary toenable GAIL to effect performance after the cause of delay willhave ceased to exit. The provisions aforesaid shall not belimited or abrogated by any other terms of the contractwhether printed or written.

    14 ARBITRATION

    14.1 All disputes or differences whatsoever between the parties outof or relating to the construction, meaning an operation oreffect of this contract or the breach thereof shall be settled byarbitration in accordance with the Prevailing of Arbitrationconciliation Act. 1996 and award made in pursuance thereofshall be binding on the parties.

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    15 GENERAL

    15.1 It should be noted by the tenderers that by entering into thiscontract GAIL is not precluded for entering into similarcontracts with any one else of their choice at any time during

    the subsistence of this contract.15.2 GAIL shall have the right to issue addendum to tender

    documents to clarify, amend, modify supplement or delete anyof the conditions, clauses or items stated. Addendum soissued shall form part of the original invitation to the tender.

    15.3 In case offer is not accepted the tenderer shall not be entitledto claim any cost, charges, expenses incidental to or incurredby the tenderers through or in connection with the submissionof the offer even through GAIL may elect to withdraw theinvitation to tender should all invitation to tender bewithdrawn or cancelled by GAIL for which GAIL shall have the

    right to do so at any time the EMD paid by the tenderers withthe tender will be refunded to them in due course withoutinterest.

    15.4 The tenderers shall have no right to issue addendum to tenderdocuments to clarify, amend supplement or delete any of theconditions, clause or items stated therein.

    15.5 The tenderers are required to submit their quotations only inthe space provided for the purpose i.e. in SCHEDULE OFRATES / OFFER SHEET attached with the tender. GAIL shallnot be responsible for rates quoted by tenderers if any; otherplace being missed out during tender opening. No

    representation in this regard shall be entertained by GAILfrom such tenders.

    15.6 Unless otherwise specified, all rates and prices in the tenderform should be quoted both in figures and in words. Tendercontaining over rewritten or revised rates are liable to berejected. Should there be any variation between the ratesindicated in figures and words, the higher of the two shall beconsidered. However, the decision to accept / reject such offerby GAIL shall be reserved with GAIL only.

    15.7 In case of tie (same rate quoted by two or more tenderer (s) inquotations of a particular lot, the decision to accept / rejectany / all of the quotations (s) shall be reserved with GAIL.

    15.8 The tenderer shall note that the above general terms andconditions are in additions to the special terms and conditionsof tender which forms an integral part of the general termsand conditions of the tender in so far as the general terms and

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    conditions of tender may be altered by the special terms andconditions of tender.

    15.9 Intending tender(s) may obtain any clarification beforetendering. Submission of tender implies that the tenderer (s)has obtained all the clarifications required and that he has

    agreed to all general terms and conditions herein specified aswell as Special terms and conditions of tender, if any.

    15.10 The decision of GAIL India Limited or his authorized nomineein the matter arising out of this sales shall be final in regardto all matters relating to the contract.

    15.11 All kinds of legal proceedings in any matter arising out of thecontract shall be trialed only by appropriate Civil court at NewDelhi.

    15.12 Tenderer(s) must ensure the following while submitting thetender :

    a) That every page of tender document is duly signed and

    sealed by the tenderer before submitting the tender.b) That all cases, rates quoted against individual item / lot is /

    are invariably quoted in figures and as well as in words.c) That all alterations, erasure(s) and / or over-writing, if any in

    the schedule of rates(s) are duly authenticated by thetenderers signature.

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    DECLARATION BY THE TENDERER

    1. Total EMD payable by me / us against all the lots quoted for me/ us is Rs.(in words Rs. ______________________________________________).

    2. The aforesaid amount of EMD is enclosed by me / us with thistender in for form of Pay Order / Bankers Cheque / DemandDraft bearing no. _______________________, dated ______________________ of issuing bank____________________________ payable at Pondicherry in favour ofGAIL (INDIA) LIMITED.

    3. The tenderer should declare whether he is the relatives of anyDirector of GAIL or tenderer is a firm in which Director hisrelatives of GAIL is a partner or tenderer is a company in whichDirector of GAIL or his relatives are member(s) or director(s).

    4. I / We have fully understood the above General Tems andConditions of tender as well as the Special Terms and Conditionsattached with the tender which are returned herewith duly signedby me / us in token of having accepted the same into toto and I /We have made my / our offer keeping in view of these terms andconditions. I / We fully agree that once I / We have endorsed my/ our signatures herein below all conditions whatsoevermentioned by me / us fully aware that no grievances whatsoevershall be entertained by you if our tender / quotation is accepted/ finalised.

    Signature & Seal of Tenderer

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    SCRAP DISPOSAL TENDER DOCUMENT

    1. SIGNATURE OF THE TENDER : ____________________________

    2. FULL NAME : _________________________

    3. POSTAL ADDRESS : ___________________________________________________________________________

    4. TENDERING FIRM : __________________________

    5. TELEPHONE NUMBER (with STD code) : ___________________

    6. DATE : _________________________

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    GAIL (INDIA) LIMITEDCAUVERY BASIN, PONDICHERRY

    SCHEDULE OF RATES / OFFER SHEETTENDER NO.: _________________________________________________

    LotNo.

    Description Quantity Rate(Rs.)

    Amount(Rs.)

    Scrap material atAdayakkamangalamStores

    01 PE Coated pipescrap6 & 8 and coaltar coated pipe 4

    1400 kgs(appr)

    02 MS Steel

    scrap(Assorted)

    3300

    Kgs(appr)03 Scrap security cabin

    (Metallic-1 No & FRP-2 Nos)

    1 Lot

    04 Used Mech,Elect&Inst.scrap (assorted)

    1 Lot

    05 Used Capital itemsscrap includingChairs,Xerox M/c &A/cs (Annexureenclosed)

    1 Lot

    06 Used Filterscrap(277Nos)

    1 Lot

    Scrap Material atNallur Terminal

    07 Sludge oil waste 2500 Ltrs

    Scrap material atNarimanam Stores

    08 PE Coated Pipe scrap 4 1350Kgs(appr)

    (Words in rupees ____________________________________________ )Note : Rates to be quoted for Lot.

    SIGNATURE AND SEAL OF TENDERER

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    B : 1) Quantities are subject to variation of +/- 5%. However,billing will be done on actual weighment only.

    Parties should quote for entire lot of materials in the schedule ofrate/offer seat format and lift the materials accordingly from

    different locations.

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    ANNEXURE (LOT

    NO.5)

    CAPITAL SCRAP MATERIALS

    SL.NO. DESCRIPTION QTY.

    1 Modem 56 KBPS 1

    2 Canon Xerox Machine 1

    3 1.5 T Split A/c 4

    4 Comp. Table 1

    5 Chair Godrej PCH 702 1

    6 Table T-125 1

    7 Voltas Water Cooler 1

    8 Chair CH-1018 3

    9 Revolving Chair 1

    10 Chair PCH 7003 1

    11 Chair CH-7 1312 Chair CH 018 1

    13 Stool ST-II 2

    14 Rolling Chair 1

    15 Revolving Chair 1

    16 Ordinary Chairs 3

    17 Window AC 1

    18 V Con Stabiliser 1

    19 Caproco Corossion Coupon Retriever 1

    20Power Supply Unit 230/3.8 V, MakeITSWA 1

    21 SSB Radio Telephone (PSB 53) 1

    22 Base Station EURO B ITSWA 223 Stabilizer 0.25 KVA Bhurji make 2

    24 Terminal Monitor & Key Board 2

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    GAIL(India)Limited

    ( A Govt. of India Undertaking)

    Cauvery Basin, Pondicherry.

    SALE OF SCRAP

    Tender No. GAIL/PDY/C&P/SCRAP/FL-001/09-10

    Sealed tenders are invited for sale of following scrap material lying at Adaikkamangalam,Narimanam & Nallur Terminal under GAIL, Cauvery Basin , Pondicherry.

    MS Scrap, Pipe scrap & Used capital items scrap, Sludge oil waste etc.

    Tender documents with detailed description of the scrap material therein shall be

    available in the office of Manager(C&P), GAIL(India) Ltd, 4th Floor, Savitha Plaza,

    Indira Gandhi Square, Pondicherry - 605 005 from 19.11.2010 to 09.12.2010 between10.00 Hrs to 16.00 Hrs, on any working day .Tender documents can also be downloaded from website (http://gailtenders.in & http://tenders.gov.in)

    Sealed tenders along with EMD/SD of 5% of quoted value shall be accepted in the GAIL

    office on or before 10.12.2010 up to 15.00 Hrs and shall be opened on the same day at

    15.30 Hrs.

    GAIL shall not be responsible for any delay in receiving the tender documents and

    reserves the right to accept or reject any or all tenders without assigning any reason

    thereof.

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