SUPPLY, TESTING, COMMISSIONING, OPERATION & …tender.tractebelindia.com/IGL/P.011088 R11050 004... · 2018-08-09 · supply, testing, commissioning, operation & comprehensive maintenance

SUPPLY, TESTING,COMMISSIONING, OPERATION &COMPREHENSIVEMAINTENANCE OF 600 SCMHGAS ENGINE DRIVENCOMPRESSORS PACKAGE Project No. P.011088Document No. P.011088 R11050 004Tender No. IGL/ND/C&P/EC15081

INDRAPRASTHA GAS LIMITED (IGL), NEW DELHINEW DELHI | INDIA

PUBLIC

8 August 2018

TECHNICAL DOCUMENTATIONCommercial, Vol I of II, Rev. 1

DCD254

Text Box

DCD254

Text Box

S.NO. DOCUMENT / DRAWING NO. REV. NO PAGE NOs

VOLUME I OF II

1 SECTION-I INVITATION FOR BID (IFB)

2 SECTION - II INSTRUCTION TO BIDDERS (ITB)

3 SECTION - IIIGENERAL CONDITIONS OF CONTRACT

(GCC)

4 SECTION - IV SPECIAL CONDITION OF CONTRACT (SCC)

5 SECTION - V FORMS AND FORMAT

6 SECTION - VI SCHEDULE OF RATES

7 SECTION - VIIOTHER FORMS APPLICABLE AFTER

AWARD

2 VOLUME II OF II

1P.011088 R11050 004

0 Page 1 of 127

2 MR MATERIAL REQUISITIONP.011088 M11071 004

0 Page 4 of 127

3 PTS

GAS ENGINE DRIVEN RECIPROCATING CNG

COMPRESSOR PACKAGE WITH

ANNEXURES - 600 SCMH

P.011088 M11097 0040 Page 8 of 127

P.011088

R11050

004

P.011088 R11050 004 Page 1 of 89

INTRODUCTION

1

COMMERCIAL

TECHNICAL

TABLE OF CONTENTS

PROCUREMENT OF GAS ENGINE DRIVEN CNG COMPRESSORS-

600 SCMH

DESCRIPTION

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COMMERCIAL TENDERFOR COMPRESSOR

PACKAGEIGL/ND/C&P/EC15081

INDRAPRASTHA GAS LIMITED (IGL)

CNG EXPANSION PROJECT IN NCT OF DELHI &NCR, REWARI

TENDER DOCUMENT

FOR

SUPPLY OF GAS ENGINE DRIVEN RECIPROCATING CNG

COMPRESSOR PACKAGE

TENDER DOCUMENT NO. IGL/ND/C&P/EC15081

(VOLUME I of II)

1 08.08.18 Client’s comments incorporated& issued for Procurement

Shadab Shakil Sunil Gupta Manish Chandra

0 19.07.18 Issued for Approval Shadab Shakil Sunil Gupta Manish Chandra

Rev. Date Description Prepared By Checked By Approved By

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TABLE OF CONTENTS IGL/ND/C&P/EC15081

Rev. 1 Supply of Gas Engine Driven CNG Compressor Package for CGDProject in NCT of Delhi, NCR, Rewari

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TABLE OF CONTENTS

(VOLUME I of II) ................................................................................................................... 1

SECTION I ........................................................................................................................... 6

INVITATION FOR BIDS (IFB) ........................................................................................ 6

1.0 INTRODUCTION ..................................................................................................... 7

2.0 BRIEF DESCRIPTION OF PROJECT ................................................................... 7

3.0 BRIEF SCOPE .......................................................................................................... 7

SUPPLY PART...................................................................................................................... 7

OPERATION AND COMPREHENSIVE MAINTENANCE PART .................................. 7

4.0 TYPE AND DURATION OF CONTRACT .............................................................. 7

5.0 SCHEDULE FOR SUPPLY OF STORES / WORKS ............................................ 8

6.0 BID VALIDITY ......................................................................................................... 9

7.0 BIDDING PROCEDURE ......................................................................................... 9

8.0 DETAILS OF BID DOCUMENTS........................................................................... 9

9.0 BID SECURITY ...................................................................................................... 10

10.0 PRE-BID MEETING .......................................................................................... 10

11.0 BID EVALUATION CRITERIA (BEC) ............................................................ 10

12.0 GENERAL ............................................................................................................ 12

SECTION II - INSTRUCTIONS TO BIDDERS (ITB) ................................................ 14

1.0 SCOPE OF BID....................................................................................................... 15

2.0 ELIGIBLE GOODS AND SERVICES AND ORIGIN OF GOODS ................... 15

3.0 ONE BID PER BIDDER ........................................................................................ 15

4.0 SITE VISIT ............................................................................................................. 15

5.0 COST OF BIDDING............................................................................................... 15

6.0 NON-TRANSFERABILITY OF THE BID DOCUMENTS ................................. 15

7.0 CONTENT OF BID DOCUMENTS ....................................................................... 16

8.0 CLARIFICATION ON BID DOCUMENTS ......................................................... 16

9.0 AMENDMENT OF BID DOCUMENTS ................................................................ 16

10.0 LANGUAGE OF BID .......................................................................................... 17

11.0 DOCUMENTS CONSTITUTING THE BID ..................................................... 17

12.0 BID FORM .......................................................................................................... 17

13.0 BID PRICES ....................................................................................................... 17

14.0 RATE AND PRICE VARIATION ...................................................................... 18

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15.0 CURRENCIES OF BID & PAYMENT .............................................................. 18

16.0 DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY ANDQUALIFICATION .............................................................................................................. 19

17.0 DOCUMENTS ESTABLISHING GOOD’S ELIGIBILITY ANDCONFORMITY TO BID DOCUMENTS .......................................................................... 19

18.0 BID SECURITY .................................................................................................. 19

19.0 PERIOD OF VALIDITY OF BIDS ................................................................... 20

20.0 AGENTS IN INDIA............................................................................................ 20

21.0 FORMAT AND SIGNING OF BID ................................................................... 20

22.0 DEVIATIONS ..................................................................................................... 21

23.0 PREPARATION OF BIDS ................................................................................. 21

24.0 SEALING AND MARKING OF BIDS .............................................................. 22

25.0 DEADLINE FOR SUBMISSION OF BIDS ..................................................... 22

26.0 LATE BIDS .......................................................................................................... 23

27.0 MODIFICATION AND WITHDRAWAL OF BIDS ........................................ 23

28.0 OPENING OF BIDS BY THE PURCHASER/CONSULTANT ...................... 23

29.0 CLARIFICATION OF BIDS .............................................................................. 23

30.0 PRELIMINARY EXAMINATION ..................................................................... 24

31.0 REJECTION CRITERIA .................................................................................... 24

32.0 OPENING OF PRICE BID ................................................................................ 25

33.0 CONVERSION TO SINGLE CURRENCY ....................................................... 25

34.0 EVALUATION AND COMPARISON OF PRICES ......................................... 25

35.0 CONTACTING THE PURCHASER/ CONSULTANT ..................................... 26

36.0 POST-QUALIFICATION ................................................................................... 26

37.0 AWARD CRITERIA ........................................................................................... 26

38.0 SPLIT OF AWARD ............................................................................................. 27

39.0 PURCHASER’S RIGHT TO VARY QUANTITIES ......................................... 27

40.0 PURCHASER’S RIGHT TO ACCEPT OR REJECT ANY OR ALL BIDS ..... 27

41.0 NOTIFICATION OF AWARD ........................................................................... 27

42.0 CONTRACT CUM EQUIPMENT PERFORMANCE BANK GUARANTEE ... 27

43.0 CORRUPT OR FRAUDULENT PRACTICES .................................................. 27

44.0 ELIGIBLE BIDDERS ......................................................................................... 28

45.0 SINGLE POINT RESPONSIBILITY:.............................................................. 28

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SECTION - III ................................................................................................................... 29

GENERAL CONDITIONS OF CONTRACT (GCC) ........................................................ 29

1.0 DEFINITIONS ..................................................................................................... 302.0 APPLICATION .................................................................................................... 313.0 INTERPRETATION OF CONTRACT DOCUMENTS ..................................... 314.0 COUNTRY OF ORIGIN...................................................................................... 315.0 STANDARDS ....................................................................................................... 316.0 CONFIDENTIALITY .......................................................................................... 317.0 DELAYS BY OWNER OR HIS AUTHORISED AGENTS : ............................. 318.0 PATENT RIGHTS ............................................................................................... 329.0 CONTRACT CUM EQUIPMENT PERFORMANCE BANK GUARANTEE ............. 3210.0 INSPECTIONS AND TESTS............................................................................... 3311.0 ADDITIONAL TEST ........................................................................................... 3312.0 PACKING ............................................................................................................ 3413.0 DISPATCH INSTRUCTIONS ............................................................................. 3414.0 DELIVERY AND DOCUMENTS ....................................................................... 3415.0 INSURANCE IN INDIA: ..................................................................................... 3416.0 INSURANCE IN FOREIGN COUNTRIES ........................................................ 3617.0 TRANSPORTATION .......................................................................................... 3618.0 GUARANTEE/ WARRANTY ............................................................................. 3619.0 LATENT DEFECT .............................................................................................. 3720.0 PAYMENT TERMS ............................................................................................... 3721.0 PRICES AND PRICE BASIS ............................................................................... 3722.0 CHANGE ORDERS ............................................................................................. 3723.0 CONTRACT AMENDMENTS............................................................................ 3724.0 ASSIGNMENT ..................................................................................................... 3825.0 SUB-CONTRACTING ........................................................................................ 3826.0 DELAYS IN THE SUPPLIER’S PERFORMANCE ........................................... 3827.0 PRICE REDUCTION SCHEDULE ( PRS ) ................................................................. 3828.0 TERMINATION FOR DEFAULT ...................................................................... 3929.0 FORCE MAJEURE ............................................................................................. 3930.0 OWNER MAY DETERMINE/TERMINATE CONTRACT: ............................ 4031.0 SETTLEMENT OF DISPUTES .......................................................................... 4032.0 LIMITATION OF LIABILITY ........................................................................... 4133.0 GOVERNING LANGUAGE ............................................................................... 4134.0 APPLICABLE LAW ............................................................................................ 4135.0 NOTICES ............................................................................................................. 4136.0 TAXES, DUTIES AND LEVIES IN FOREIGN COUNTRIES: ......................... 4137.0 TAXES, DUTIES AND LEVIES IN INDIA: ....................................................... 4138.0 TIME FOR PERFORMANCE: ........................................................................... 4239.0 TRANSFER OF TITLE ....................................................................................... 4240.0 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION

NOT TAKEN UNDER CLAUSE ENTITLED TERMINATION FOR DEFAULT. ............... 4241.0 CHANGE IN CONSTITUTION .......................................................................... 4242.0 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE: .................... 43

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43.0 CONRACTOR'S OFFICE AT SITE: .................................................................. 4344.0 CONTRACTOR TO INDEMNIFY THE OWNER: ........................................... 4345.0 SAFETY REGULATIONS: ................................................................................. 4346.0 OTHER AGENCIES AT SITE: ........................................................................... 4347.0 OWNER MAY DO PART OF WORK:............................................................... 4348.0 POSSESSION PRIOR TO COMPLETION: ...................................................... 4349.0 DEFECTS IN WORK: ......................................................................................... 4450.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS: .................... 4451.0 DEFENCE OF SUITS: ......................................................................................... 4552.0 PACKING, FORWARDING AND SHIPMENT: ............................................... 4553.0 DEDUCTIONS FROM THE CONTRACT PRICE: ........................................... 4654.0 COMPLETION CERTIFICATE: ....................................................................... 4655.0 FINAL DECISION AND FINAL CERTIFICATE: ............................................ 4656.0 CERTIFICATE AND PAYMENTS NO EVIDENCE OF COMPLETION: ...... 4757.0 EVALUATION OF PERFORMANCE ............................................................... 4758.0 CONTRACTOR SAFETY MANUAL ................................................................. 4759.0 WHISTLE BLOWER POLICY .......................................................................... 47

SECTION – IV ................................................................................................................... 48

SPECIAL CONDITIONS OF CONTRACT (SCC) .......................................................... 48

SPECIAL CONDITIONS OF THE CONTRACT (SCC) ............................................................... 491.0 DEFINITIONS ....................................................................................................... 492.0 INSPECTIONS AND TESTS (GCC CLAUSE 10.0)................................................... 493.0 REGISTRATION OF THE CONTRACT WITH STATUTORY AUTHORITIES ........ 494.0 PROJECT SCHEDULING AND MONITORING SYSTEM ....................................... 495.0 RECORDS OF CONTRACT DOCUMENTS ............................................................. 506.0 INTELLECTUAL PROPERTY – SECRECY.............................................................. 507.0 STATUTORY APPROVALS .................................................................................... 508.0 CONSTRUCTION WATER AND POWER SUPPLY ................................................ 509.0 LABOUR LICENCE ................................................................................................ 5110.0 PROVIDENT FUND ............................................................................................... 5111.0 CO-ORDINATION WITH OTHER AGENCIES ....................................................... 5112.0 INCOME TAX ........................................................................................................ 5113.0 ADVANCE .............................................................................................................. 5114.0 TERMS OF PAYMENTS ......................................................................................... 5115.0 DELIVERY AND DOCUMENTS ............................................................................. 5216.0 SHIPMENT ............................................................................................................ 5317.0 OPERATION & MAINTENANCE (O&M) REQUIREMENT ..................................... 5318.0 SPECIAL NOTES ................................................................................................... 5419.0 PRICE REDUCTION SCHEDULE........................................................................... 5520.0 REASONABILITY OF RATES ................................................................................ 5521.0 CORRESPONDING ADDRESS .............................................................................. 56Form F-1 BIDDER’S GENERAL INFORMATION ............................................................... 59Form F-2 BID BOND PROFORMA / PROFORMA FOR EMD ............................................ 61Form F – 3 A ANNUAL TURNOVER .................................................................................. 62

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Form F – 3 B FINANCIAL STATUS ................................................................................... 63Form F-4 A CHECK LIST FOR AGREED TERMS AND CONDITIONS .............................. 64Form F-4 B CHECK LIST FOR AGREED TERMS AND CONDITIONS .............................. 65Form F-5 DEVIATION FORM (On Bidder’s letter head) ................................................. 66Form - 6 CERTIFICATE OF NON INVOLVEMENT OF AGENT (For Foreign Bidder) ..... 67Form - 7 PROFORMA FOR DETAILS OF INDIAN AGENT (For Foreign Bidders) ........... 68Form F-8 DECLARATION ON TENDER DOCUMENT PURCHASED / DOWNLOADED (onBidder’s letter head) ........................................................................................................... 69Form F-9 PROFORMA FOR LETTER OF AUTHORITY ....................................................... 70FORM F-10 DECLARATION (ON BIDDER’S LETTER HEAD) ...................................................... 71Form F-11 Details of litigation (on Bidder’s letter head) ............................................... 72Form F- 12 (COVERING LETTER ON LETTER HEAD) ....................................................... 73Form F- 13 FORMAT FOR STATUTORY AUDITOR’S/ CHARTERED ACCOUNTANT ....... 74Form F-14 FORMAT FOR CERTIFICATE FROM STATUTORY AUDITOR FOR DETAILS OFSIMILAR GOODS/ WORK/ SERVICES SUPPLIED/ DONE DURING PAST 5 YEARS ........ 75Form F-15 FORMAT FOR SUPPLY RECORDS OF GAS ENGINE DRIVEN CNGCOMPRESSOR PACKAGES (600 SCMH) FOR MEETING BEC ........................................... 78Form F-16 FORMAT FOR BIDDER’S PRE BID QUERIES .................................................. 79

SECTION - VI .................................................................................................................... 80

SCHEDULE OF RATES (SOR) ........................................................................................ 80

SECTION VII ..................................................................................................................... 81

OTHER FORMS APPLICABLE AFTER AWARD........................................................... 81

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INVITATION FOR BIDS IGL/ND/C&P/EC15081

Rev. 1 Supply of Gas Engine Driven CNG Compressor Package for CGD Project inNCT of Delhi, NCR, Rewari

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SUPPLY OF

GAS ENGINE DRIVEN RECIPROCATING CNGCOMPRESSOR PACKAGE

SECTION I

INVITATION FOR BIDS (IFB)

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OPEN INTERNATIONAL COMPETITIVE BID

NOTICE FOR INVITATION OF BIDS (IFB)FOR SUPPLY, INSTALLATION, COMMISSIONING, OPERATION AND COMPREHENSIVE

MAINTENANCE OF GAS ENGINE DRIVEN RECIPROCATING CNG COMPRESSOR PACKAGEBID DOCUMENT NO. IGL/ND/C&P/C15081

1.0 INTRODUCTION

1.1 Indraprastha Gas limited (IGL) (hereinafter referred as Purchaser), is supplying Piped Natural Gas (PNG) todomestic, commercial and Industrial consumers and Compressed Natural Gas (CNG) to automobiles in NCTof Delhi & NCR. IGL intends to increase its compression capacity for CNG distribution.

1.2 TRACTEBEL ENGINEERING PVT. LTD. (TE) has been appointed for providing consultancy services fortendering activities for CNG Expansion Project in NCT of Delhi & NCR (hereinafter referred as Consultant),by IGL.

2.0 BRIEF DESCRIPTION OF PROJECT

2.1 The present project is to increase CNG Compression Capacity in the city of Delhi and surrounding towns ofNCR by augmenting its existing facilities and by installing new CNG stations. It is proposed to procure thegoods as per details furnished in this Bid documents.

3.0 BRIEF SCOPE

SUPPLY PART

3.1 Scope includes Design, Engineering, Manufacturing, Inspection, Supply, Assembly, Testing &Commissioning and Performance Acceptance Test of GAS ENGINE DRIVEN RECIPROCATING CNGCOMPRESSOR PACKAGE OF 600 SCMH (12 NOS.) Capacity as per the specifications and other detailsgiven in Volume II of II including Supply of Erection and Commissioning spares as required.

3.2 12 nos. for 600 SCMH Capacity compressors are estimated quantity only. These are estimated quantity whichIGL intends to procure. However actual quantity will be procured as per IGL requirement based on rates ofRate contract.

3.3 Erection, Start-up, Commissioning and Maintenance of supplied package.

3.4 The Compressors are to be dispatched in lots as defined in clause no. 5 below.

3.5 Installation, testing, commissioning and Performance Acceptance Test of the each compressor package afterintimation from IGL.

OPERATION AND COMPREHENSIVE MAINTENANCE PART

3.6 Operation Services during Warranty Period & two years after Warranty period.

3.7 Comprehensive Maintenance Services during Warranty Period & two years after Warranty period inclusive ofconsumables and Spares.

3.8 Bidder must quote for complete quantity and scope of work i.e. Supply, Installation, Testing, Commissioning,Performance Acceptance Test, Operation and Comprehensive Maintenance. Bid submitted for part scope shallbe rejected.

4.0 TYPE AND DURATION OF CONTRACT

4.1 It is an annual rate contract. Rates will be firm and fixed during the contract period as described below

4.2 Supply: The duration of contract shall be two (02) years from the date of issuance of FOI/NOTIFICATIONOF AWARD.

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4.3 Operation and Comprehensive Maintenance: The duration for operation & comprehensive maintenance shallbe three (03) years (1 year during warranty and 2 years post warranty).

4.4 Total Contract duration for supply portion shall be two (2) years from the date of FOI/NOTIFICATION OFAWARD and for Operation and Comprehensive Maintenance service shall be 42 months from the date ofstart of warranty of last machine supplied for that particular lot. The rates as given in Purchase order forSupply, Operation and Comprehensive Maintenance services shall be valid for this contract duration asmentioned above.

5.0 SCHEDULE FOR SUPPLY OF STORES / WORKS

All Compressor package shall be supplied, erected & commissioned as per schedule given below.

5.1 For Indian Manufacturer/Packager:

Sr.No.

Description(SUPPLY)

Quantity Delivery Period- Within 24 Weeksfrom the date of Fax of Intent/PO/dateof intimation from IGL for 1st lot onEx-works basis and 22 Weeks fromdate of intimation from IGL forsubsequent lots on Ex-Works Basis

1st Lot Subsequent Lot(Minimum Qty.)

1Gas Engine Driven Reciprocating CNGCompressor Packages – 600 SCMH 12 Nos. 02 No. 02 No.

Note:

Delivery Terms: FOT IGL Site New Delhi. However for Price Reduction Schedule applicability, date of LR willbe considered.

Sr.No.

Description Quantity Completion Period

1 Erection, Testing & Commissioning of 600SCMH Compressors at site of CNGCompressor Package

12 Nos. Within 10 days from the date ofintimation by IGL for eachcompressor package

5.2 For Foreign Manufacturer/packager:

Sr.No.

Description(SUPPLY)

Quantity Delivery Period- Within 24 Weeks fromthe date of Fax of Intent/ PO/ date ofintimation from IGL for 1st lot on FOBBasis and 22 weeks from the date ofintimation from IGL for subsequent lot onFOB Basis

1st Lot Subsequent Lot(Minimum Qty.)

1Gas Engine Driven Reciprocating CNGCompressor Packages – 600 SCMH 12 Nos. 02 Nos. 02 Nos.

Note: Delivery Terms – FOT IGL site New Delhi. However date of Bill of Lading shall be considered forapplicability of Price Reduction Schedule.

Sr. No. Description Quantity Completion Period

1 Erection, Testing & Commissioning of600 SCMH Compressors at site of CNGCompressor Package

12 Nos. Within 10 days from thedate of intimation by IGLfor each compressor

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package

5.3 After commissioning of compressor package, Performance Acceptance Test will be carried out as terms andconditions.

Note: Number of compressor in a lot are indicative and will be decided by IGL at the time of placement ofFOI/NOTIFICATION OF AWARD/Notification of award or subsequent intimation. Any change in quantity ofa lot will be mutually agreed with the supplier well in advance of the scheduled delivery date.

6.0 BID VALIDITY

6.1 Bid should be valid for 75 (Seventy Five) days from the date of scheduled submission.

7.0 BIDDING PROCEDURE

7.1 Bidding will be conducted through Open International Competitive Tender. Single stage two bid system isadopted for this tender.

8.0 DETAILS OF BID DOCUMENTS

Tender Document Number IGL/ND/C&P/EC15081

Tender Document on Sale From 08.08.2018 to 29.08.2018Bid document fee Rs.15000 + GST @ 18 % for Domestic Bidders &

USD 400/ Euro 350 for Foreign Bidders (Net To IGL)Pre bid meeting date and venue At 1500 HRS (IST) on 20.08.2018

Venue detail will be webhost on IGL/ TE websitesBid Submission date and time 30.08.2018 till 1430 HRS IST at IGL’s office

Un-Priced bid opening date and Time 30.08.2018 at 1500 HRS IST at IGL’s officePrice bid opening date and time Date and time shall be intimated laterPlace of bid submission VP (C&P)

C& P departmentIndraprastha gas limitedIGL Bhawan, 4, Community Centre,Sector –IX, R. K. Puram,New Delhi 110 022, India.

Bid documents can be purchased from the Project Manager, Tractebel Engineering pvt. Ltd., Intec House,Plot no 37, Institutional Area, Sector 44, Gurgaon 122 002 ( Haryana) – India on any working day (Mondayto Friday) from 10.00 hours to 16.00 hours against a written request and payment of requisite document feeas specified in above clause by crossed bank draft / banker’s cheque from a first class international bank oran Indian nationalised/ scheduled bank in favour of ‘Indraprastha Gas Ltd., payable at Delhi, India.Downloading of tender documentThe entire document has also been web hosted at IGL’s website www.iglonline.net and TE’s websitewww.tractebelindia.com for view/ participation of the eligible bidders. Bidders meeting the bid evaluationcriteria 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 letterhead that the contents of the bidding document have not beenaltered or modified.The bidders who have downloaded the tender document from website shall make payment of bid documentfee through crossed bank draft in physical form along with the bid. The bid of any such bidder shall beconsidered only if the bid is accompanied by the prescribed bid document fee in the form of demand draftalong with bid (photocopy of the bank draft shall be submitted in the bid offer if the same has been submittedearlier).

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Bid submitted by bidders who have not submitted the bid document fee along with bid or before the bidsubmission time (either at the time of pre-bid or purchase of bid document), the bid offer will be rejected.The bid will be submitted in two parts as below:PART- I (UN-PRICED BID)Un-priced bid must be completed with all technical details along with all other required documents includingprice schedule WITH PRICE BLANKED OUT etc. as defined in ITB.Bidder shall clearly mark the documents submitted to meet the Bid Eligibility Criteria.PART-II (PRICED BID)Priced bid shall contain only the prices without any conditions as defined in ITB.Accredited representatives of foreign bidders in India are also permitted to purchase the Bidding Documenton behalf of foreign bidders on payment of requisite document fee in Indian Rupees. The bid of foreignbidder shall be evaluated only if the bid is accompanied by the prescribed Bidding Document fee in the formof demand draft in US Dollars after which the fee deposited by Indian representative shall be refunded. Bidsubmitted by bidders, who have not purchased the Bidding Document either directly or through theirauthorised representative will be rejectedEntire bid offer shall be properly arranged.

9.0 BID SECURITY

9.1 All bids must be accompanied by a bid security amount as per below table,

Sr. no. DESCRIPTIONBid Security Requirement

(In INR) (In EURO) (In USD)1. Gas Engine Driven Reciprocating CNG

Compressor Packages – 600 SCMH20,00,000 25,400 29,300

9.2 Bid security shall be either in the form of banker’s demand draft in favour of Indraprastha Gas Ltd, payableat Delhi or bank guarantee as defined under clause 18 of Instruction to Bidders, as per proforma attached inthe Tender document. 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 for sixty (60) days beyond thevalidity of the bid.

9.3 If the bidder is registered with NSIC or with MSME as micro and small enterprises, they are not required tosubmit Bid Document Fee and Bid Security provided they have the valid and non-expired registrationcertificate for the items quoted. Bidder shall submit these documents in lieu of bid document fee or Bidsecurity as described in clauses in the tender document

10.0 PRE-BID MEETING

10.1 The bidder (s) or their designated representatives, who intend to bid and who have either purchased biddocument or paid the tender fees for down loaded document are invited to attend the pre- bid meeting.Bidder(s) queries if any, must reach Purchaser / consultant office at least two days prior to pre-bid meetingdate as per format F-16 attached in tender document. The venue of pre bid meeting will be webhosted on IGL/ TE websites.

BIDDERS TO NOTE THAT IF THEY HAVE NOT DEPOSITED THE TENDER FEE TO IGL ONOR BEFORE START OF PRE-BID MEETING, THEY WILL NOT BE ALLOWED TO ATTENDTHE PRE-BID MEETING.

10.2 Non- attendance of the pre-bid meeting will not be a cause for disqualification of a bidder. Corrigendum /addendum, if any, to the tender document, shall be hosted on the website subsequent to the pre-bid meeting.

11.0 BID EVALUATION CRITERIA (BEC)

11.1 TECHNICAL

I. The bidder should be a regular manufacturer of compressor block, packager and supplier of Gas EngineDriven CNG Compressor Package. The bidder shall have the single point responsibility for

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manufacturing / packaging, supplying, installing and commissioning of 600 or more SCMH Gas EngineDriven CNG Compressor Package.

II. The bidder in the last ten years, reckoned from the bid due date, should have designed, engineered,manufactured, tested and supplied compressor blocks for compressing Natural Gas for NGV application,from the proposed facility of manufacturing, at least 03 nos. Gas Engine driven CNG compressorpackages of 600 or more SCMH capacity suitable for operation at suction pressure in the range of 14-19bars, discharge pressure of 250 bars.

III. Those supplied packages should have completed continuous trouble free operation for minimum 8000HRS as on the bid due date. The compressor block proposed in the bid shall be of same make and modelas used in these Gas engine driven CNG compressor packages.

IV. The bidder directly or through their authorized agencies, should have provided Operation &Maintenance services to at least 3 nos. Gas Engine driven Compressor Packages for a period of not lessthan two years as on the bid due date. The period for trouble free operation & maintenance servicesshall be in the last ten years from the bid due date.

V. Any Compressor Block OEM fulfilling the criteria at I, II & III above, may also authorize their sales &service dealer OR Packager to quote on their behalf subject to fulfilling the conditions in the notes at(A) & (B) respectively.

11.2 FINANCIAL

11.2.1 Turnover

The minimum annual turnover achieved by the bidder as per their audited financial results in any one ofthe financial years i.e. 2014-2015, 2015-2016 and 2016-2017 shall be INR 50.4 Million (5.04 Crores) / USD739,000 / Euro 639,700.

For the bidder whose financial year is calendar year, for such bidders the audited financial results for the year2015, 2016 and 2017 shall be applicable in lieu of 2014-15, 2015-16 & 2016-17.

11.2.2 Net worth

Net Worth of the bidder should be positive in the last financial year 2016-2017. For the bidder whose financialyear is calendar year, for such bidders the audited financial results for the year 2017 shall be applicable in lieuof 2016-17.

11.2.3 Working Capital

The minimum working capital of the bidder as at the end of financial year 2016-17 shall be INR 50.4 Lacs /USD 73,900 / Euro 64,000.

Note: For Working Capital

For the bidder whose financial year is calendar year, for such bidders the audited financial results for the year2015, 2016 and 2017 shall be applicable in lieu of 2014-15, 2015-16 and 2016-2017.

Note: In case bidder has submitted its audited financial result for 2017-2018, last three financial years shallbe counted from 2017-2018. Working capital and net worth shall be as per 2017-2018.

If the bidder's working capital is inadequate, the bidder should supplement this with a letter from thebidder's Bank, having net worth not less than Rs.100 Crores / US $ 15 Million, confirming theavailability of line of credit to cover the inadequacy of working capital required as above.

Bidders must submit documentary evidence such as balance sheet & Profit & Loss A/c Statement for lastthree audited financial years in support of the above. In absence of requisite documents, Purchaser reservesthe right to reject the bid without making any reference to the bidder

NOTE FOR BEC

If bidder is dealer/subsidiary/packager of manufacturer, they have to meet the financial criteria. They haveto submit a letter from manufacturer authorizing them to submit the bid on behalf of manufacturer.

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Manufacturer has to meet the technical BEC. Packages supplied through dealer/subsidiary/packager ofmanufacturer will be considered for qualification as well.

In case of joint venture: Joint venture or its lead partner shall meet the financial criterial. Other partners shallmeet 25% of financial criteria value.

SPECIAL NOTES

(A) In case the bidder is the authorized sales and service dealer of the compressor block OEM for saleof CNG compressor packages in India then,

1. The bidder has to submit back-up authority letter specific to this tender from the compressor blockOEM, who has authorized them to market their product in India. Offers without back-up authority letterfrom compressor block OEM will not be considered.

2. Mechanical Run Test (MRT) of compressor block & String Test of the compressor package may bewitnessed by TPI / Purchaser at the manufacturing facility of compressor block OEM.

3. A letter from compressor block OEM specific to the tender confirming parts and service support to thePurchaser and the dealer for a period of 10 years from the date of supply shall be submitted along withthe bid.

4. Further, one compressor block OEM can quote only through one authorized dealer and an authorizeddealer shall offer product of only one compressor block OEM.

(B) In case the bidder is a packager in India authorized by Compressor Block OEM then,

1. The bidder has to submit back-up authority letter from the respective compressor block OEM who hasauthorized them to package CNG compressor in India using their block.

2. The compressor block OEM shall provide technical and after sales support to the Indian Packager /purchaser for a period of ten years from the date of supply. A latest confirmation by the compressorblock OEM to this effect shall be submitted along with the bid.

3. The assembly of compressor at packager’s facility shall be carried out under the supervision and qualitycontrol of compressor block OEM. In support of this the bidder shall submit letter from compressorblock OEM confirming the above. The packaging shop and the infrastructure therein shall be approvedby compressor block OEM

4. All equipment’s / components / accessories / instrument etc used by the packager for packaging shall befrom approved vendor list as listed in tender and balance of compressor block OEM as those used bycompressor block OEM for the packages supplied as per Clause 1.1, Sub points at I , II & III above.

5. Mechanical Run Test (MRT) of the compressor block may be witnessed by TPI / Purchaser at themanufacturing facility of compressor block OEM.

6. The string test of complete package using Natural Gas may be witnessed by TPI / Purchaser and shall beconducted in the presence of compressor block OEM by the Packager at their facility in India.

7. The required warrantee cover of the complete package shall be provided by Authorized Packager andbacked by compressor block OEM.

8. Further, one compressor block OEM shall authorize only one packager and a packager shall offercompressor package of only one compressor block OEM.

12.0 GENERAL

12.1 Purchaser (IGL) reserves the right to increase or decrease the scope of work of bidders before or after awardof work

12.2 Purchaser reserves the right to split the quantities of compressors and its associated items as per schedule ofrates among more than one bidder or place the order for part quantity.

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12.3 Bid document is non-transferable. Bid received from the bidders in whose name bid document fee has beensubmitted shall only be considered. Bidder must submit the bid document fee in their name. Bid document feeshall be submitted by the bidder as defined in tender document.

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

12.5 Bids received through Fax / E-mail shall not be accepted.

12.6 Purchaser/ Consultant will not be responsible for cost incurred in preparation and delivery of bids.

12.7 Purchaser/ Consultant reserve the right to reject any or all the bids received at its discretion without assigningany reason whatsoever.

12.8 Contact details of Purchaser is given below :

VP (C&P)C& P DepartmentIndraprastha Gas LimitedIGL Bhawan, 4, Community Centre,Sector – IX, R. K. Puram,New Delhi 110 022, India

Telephone: +91 (011) 46074661Fax no.: +91 (011) 26171863Email: [email protected] / [email protected]

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INSTRUCTION TOBIDDERS IGL/ND/C&P/EC15081


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SUPPLY OF


SECTION II - INSTRUCTIONS TOBIDDERS (ITB)

INSTRUCTIONS TO BIDDERS (ITB)

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A. INTRODUCTION

1.0 SCOPE OF BID

1.1 The Purchaser invites sealed bids for the supply of GAS ENGINE DRIVEN RECIPROCATING CNGCOMPRESSOR PACKAGES as mentioned in the tender documents.

1.2 The bidding document specifies the contractor 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 bidding document. Owner reserves the right to evaluateand accept bids at their sole discretion. The provisions of this clause shall supersede any contrary provisionsexpressly stated or implied anywhere else in the bidding document.

2.0 ELIGIBLE GOODS AND SERVICES AND ORIGIN OF GOODS

2.1 All goods and related services to be supplied under the contract shall have their origin only in sourcecountries, which are not prohibited to trade with by any law or rules made there under having the force of lawof the Union of India or any state Government of India.

2.2 For purposes of this clause, “Origin” means the place where the goods are mined, grown, or produced, or theplace from which the related services are supplied. Goods are produced when, through manufacturing,processing, or substantial and major assembly of components, a commercially recognized product results thatis substantially different in basic characteristics or in purpose or utility from its components.

2.3 The origin of goods and services need not be from the home country of the Bidder.

3.0 ONE BID PER BIDDER

3.1 Each bidder shall submit only one bid. A bidder who submits or participates in more than one bid will bedisqualified. If bid of companies which is managed & controlled by same group of individual (commonowners / proprietor, common partner/ common directors), the participation in a particular tender by morethan one such bidder will not be allowed and bids will be disqualified.

3.2 Also, if this fact is known at a later stage during bid evaluation or even after finalization of contract, theaward will be made null and void and appropriate action including forfeiting of security deposit in any formand putting the firms on holiday list will be taken.

4.0 SITE VISIT

4.1 The bidder is advised to visit and examine the site of works and its surroundings and obtain for himself at hisown responsibility all information that may be necessary for preparation of the bid and entering into theContract. The cost of visiting the site shall be at bidder's own expenses.

4.2 The bidder and any of his personnel or Agents will be granted permission by the Owner to enter upon hispremises and lands for the purpose of such inspection, but only upon the explicit condition that the bidder, hispersonnel or agents will release and indemnify the Owner and his personnel and agents from and against allliability in respect thereof and will be responsible for personnel injury (whether fatal or otherwise), loss of ordamage to property and any other loss, damage, cost and expenses incurred as a result thereof.

5.0 COST OF BIDDING

5.1 The Bidder shall bear all costs associated with the preparation and submission of its bid, and thePurchaser/Consultant will in no case be responsible or liable for those costs, regardless of the conduct oroutcome of the bidding process.

6.0 NON-TRANSFERABILITY OF THE BID DOCUMENTS

6.1 Bid Documents are non- transferable. The party to whom the bid documents are issued may only furnish thebid. The bid received from any party other than to whom the bid document is issued, shall be rejected

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immaterial of fact of any relationship between party to whom bid documents are issued and party whofurnished the bid.

B. THE BID DOCUMENTS

7.0 CONTENT OF BID DOCUMENTS

7.1 The Goods required, bidding procedures, and contract terms are prescribed in the bid documents. In additionto the Invitation for Bids (IFB), the bid document includes:

Volume I Commercial Section consisting of:

(a) Invitation for Bids (IFB)

(b) Instructions to Bidders (ITB)

(c) General Conditions of Contracts (GCC)

(d) Special Conditions of Contracts (SCC)

(e) Schedule of Rates (SOR)

(f) Bid Forms and Formats

(g) Forms to be used after award of Contract.

Volume II Technical Section

7.2 The Bidder is expected to examine all instructions, forms, terms, and specifications in the bid documents.Failure to furnish all information required by the bid documents or to submit a bid not substantiallyresponsive to the bid documents in every respect will be at the Bidder’s risk and may result in the rejection ofits 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 theConsultant as the case may be, in writing or by cable (hereinafter, the term ‘cable’ is deemed to includeelectronic mail and facsimile) at the address indicated in the tender. The Owner / Consultant will respond inwriting to any request for clarification of the bid documents which it receives after issue of the bid documentsbut prior to at least two (02) working days before the pre-bid meeting date. 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 websites of IGL & TE. All such clarifications issued shall deem to form a part and parcel ofthe Bid documents.

9.0 AMENDMENT OF BID DOCUMENTS

9.1 At any time prior to the deadline for submission of bids, the Owner / Consultant, for any reason, whether atits own initiative or in response to a clarification requested by a prospective Bidder, may modify the biddocuments by issuing addenda and or Corrigendum.

9.2 Any addendum /corrigendum thus issued shall be part of the bidding documents pursuant to ITB Clause- 7.0and shall be hosted on the websites as mentioned in IFB before bid due date. All the prospective bidders whohave attended the Pre-Bid meeting/ submitted bid document fee, shall be informed by email only about theaddendum/ corrigendum for their reference.

9.3 Bidders desirous to submit its bid have to take into consideration of all the addendum(s)/ corrigendum (s)/clarifications to bidder query before submitting the bid.

9.4 In order to allow prospective bidders reasonable time to take care of the addendum/ corrigendum into accountin preparing their bids, the Owner/ Consultant, at its discretion, may extend the deadline for the submissionof bids

9.5 Bidders are advised to visit TE/IGL’s websites time to time to get updated information/ documents.

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C. PREPARATION OF BIDS

10.0 LANGUAGE OF BID

10.1 The Bid prepared by the bidder, all correspondences and documents relating to the bid exchanged by thebidder and the Owner, shall be written in the English language. Any printed literature furnished by thebidder may be written in another language, provided that this literature is accompanied by an Englishtranslation, in which case, for purpose of interpretation of the Bid, the English translation shall govern.

10.2 In the event of submission of any document/ certificate by the bidder in a language other than English, theEnglish translation of the same duly authenticated by Chamber of Commerce of bidder’s country shall besubmitted by the bidder along with the bid.

11.0 DOCUMENTS CONSTITUTING THE BID

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

i). Un-priced Techno-commercial bid along with the Bid Forms completed in accordance with the tenderdocuments. BEC documents shall be in the separate folder (part of unpriced bid offer) and bidder shallindicate the documents based on which their bid offer meets the BEC

ii) Price Bid having Price Schedule/SOR filled up in accordance with tender documents in a separateenvelope.

iii) Documentary evidence established in accordance with ITB that the Bidder is eligible to bid and isqualified to perform the contract if its bid is accepted;

iv) Documentary evidence established in accordance with ITB that the goods and ancillary services to besupplied by the Bidder are eligible goods and services and conform to the bid documents; and

v) Bid security furnished in accordance with Proforma given in this bid documents.

vi) Complete set of bid document duly signed and stamped on each page.

Note : Unless highlighted by bidder, content of bid document will prevail over any typed content of biddocument submitted in bid offer but not as per bid document

12.0 BID FORM

12.1 The Bidder shall complete all the Bid Forms attached in Section-V of bid document and submit the same as apart of “Techno-Commercial Un-priced bid “ as per clause no. 23.1 of ITB.

12.2 In two part bidding as specified in IFB, Bidder shall furnish its sealed bid in two parts, the first part willcontain all bid forms with related documents, SOR without prices and bid security but not the price schedule,the second part will contain price schedule, each such part being furnished in two separate sealed envelopes.

13.0 BID PRICES

13.1 Unless stated otherwise in the Bidding Document, the Contract shall be for the complete scope. The Biddershall fill Prices in Schedule of Rates (enclosed) in the Bidding Document considering source of goods andservices, unit prices, total cost per item, total bid amount as follows:

a) Goods from outside India.

b) Goods from India

c) Services

13.2 Prices indicated in the Schedule of Rates shall be entered in the following manner along with other relevantinformation:

I. Foreign Bidder

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The price of the goods quoted separately on FOB port of Export inclusive of Indian Agent commission, ifapplicable and CIF Dry Port of entry Delhi, India including ocean freight and insurance charges.

II. Domestic Bidder

(a) The prices of goods quoted on FOT Site basis including all P&F, customs duties, taxes & duties for anyimported component.

Any taxes and duties of Purchaser country which will be payable on the goods and services.

13.3 All charges towards services to be inclusive of the following:

(a) The charges for stevedoring, port & customs clearance, forwarding and inland transportation for allgoods to site(s).

(b) Cost of all services required as per scope of work including storage at site, owner’s store, transportationfrom owner’s store to site, site assembly, testing, pre commissioning & commissioning until finalacceptance, operation and comprehensive maintenance.

(c) All taxes & duties as applicable. However, tax if applicable, of foreign bidders will be paid by ownerdirectly to concerned authority.

13.4 All taxes, duties, other statutory levies and rate thereof shall be included in the quoted prices.

13.5 If applicable, Bidder shall make available GST credit (as per GST rules) to Purchaser and in case of failureamount of tax shall be deducted from bills of contractor.

13.6 Bidders have to quote single freight charges for delivery of compressors in the State of Delhi, UP & Haryana.

13.7 Unit rates quoted for services will be applicable for services in the State of Delhi, UP & Haryana.

13.8 It is presumed that bidder has already complied with GST regulations. Bidder shall get registered in thesethree states before bid submission date.

13.9 Bidder has to provide the HSN codes of goods and services.

14.0 RATE AND PRICE VARIATION

14.1 It is a Rate contract. Rates will be firm and fixed during the contract period as described below

14.2 Supply Part : The duration of contract shall be two (02) years from the date of issuance ofFOI/NOTIFICATION OF AWARD.

14.3 Operation and Comprehensive Maintenance: The duration for operation & comprehensive maintenance shallbe three (03) years (1 year during warranty period and 2 years post warranty).

14.4 Total Contract duration for supply portion shall be two (2) years from the date of FOI/NOTIFICATION OFAWARD and for Operation and Comprehensive Maintenance service shall be 42 months from the date ofstart of warranty of last machine supplied for that particular lot.

14.5 The rates as given in rate contract/Purchase order for Supply, Operation & Comprehensive Maintenanceservices shall be valid for this above mentioned contract duration.

14.6 It is no price variation contract.

15.0 CURRENCIES OF BID & PAYMENT

15.1 Indian Bidders shall submit bid in Indian Rupees only.

15.2 Foreign Bidders shall submit bid in the US Dollars or Euro.

15.3 Bidder will be required to quote in a single currency for entire schedule of rates. However, a foreign bidderquoting in USD /EURO and desiring to assign service portion of SOR to his authorised Indian agent shouldindicate this in the tender. The payment to such vendor will be made in equivalent INR considered for bidevaluation and comparison as per the methodology defined in the tender.

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15.4 Bidder shall be paid in the currency quoted in the bid.

16.0 DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATION

16.1 Pursuant to ITB, the Bidder shall furnish, as part of its bid, documents establishing the Bidder’s eligibility tobid and its qualifications to perform the contract if its bid is accepted.

16.2 The documentary evidence of the Bidder’s qualifications to perform the contract if its bid is accepted shallestablish to the Purchaser’s satisfaction:

(a) that the Bidder has the financial, technical, and production capability necessary to perform the contract;

(b) that the Bidder meets the qualification criteria stipulated in the Tender .

17.0 DOCUMENTS ESTABLISHING GOOD’S ELIGIBILITY AND CONFORMITY TO BIDDOCUMENTS

17.1 Pursuant to ITB, the Bidder shall furnish, as part of its bid, documents establishing the eligibility andconformity to the bid documents of all goods and services which the Bidder proposes to supply under thecontract.

17.2 The documentary evidence of the eligibility of the goods and services shall consist of a statement in the PriceSchedule of the country of origin of the goods and services offered and a certificate of origin (for goods otherthan that of Indian origin) issued at the time of shipment shall confirm the same.

17.3 Wherever appropriate the documentary evidence of conformity of the goods and services to the bid documentsmay be in the form of literature, drawings, and data, and shall consist of:

(a) a detailed description of the essential technical and performance characteristics of the goods;

(b) an item-by-item commentary on the Purchaser/ Consultant’s Technical Specifications demonstratingsubstantial responsiveness of the goods and services to those of the specifications, or a statement ofdeviations and exceptions to the provisions of the Technical Specifications.

17.4 For purposes of the commentary to be furnished pursuant to ITB above, the Bidder shall note that standardsfor workmanship, material, and equipment, as well as references to brand names or catalogue numbersdesignated in the Technical Specifications, are intended to be descriptive only and not restrictive.

18.0 BID SECURITY

18.1 Pursuant to the provisions of IFB and ITB, the Bidder shall furnish, as part of its bid, a bid security in theamount specified in the Tender.

18.2 The bid security is required to protect the Purchaser against the risk of Bidder’s conduct, which wouldwarrant the security’s forfeiture.

18.3 The bid security shall be denominated in the currency INR or USD/EURO, and shall be in one of thefollowing forms:

(a) unless otherwise specified, a bank guarantee issued by a nationalized bank or a scheduled Indian bank or bythe branch of a reputable international bank located in India or by an international reputed bank fromabroad provided in that case, the guarantee is confirmed through any bank as above located in India, in theform provided in the bid documents or another form acceptable to the Purchaser and valid for sixty (60)days beyond the validity of the bid; or

(b) a banker’s cheque or a demand draft payable to the Purchaser as detailed in tender.

18.4 Any bid not secured in accordance with ITB Clauses may be treated as non-responsive and rejected.

18.5 Unsuccessful bidders’ bid security shall be discharged or returned as promptly as possible, but not later thanthirty (30) days after the expiration of the period of validity of the bank guarantee and any extension ifrequired by the Purchaser.

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18.6 The successful Bidder’s bid security will be discharged upon such Bidder accepting the award, and furnishingthe performance security.

18.7 The bid security may be forfeited:

(a) if a Bidder:

(i) Withdraws its bid during the period of bid validity specified by the Bidder including extensions if anygranted, or

(ii) Does not accept the correction of errors; or

(b) In the case of a successful Bidder, if such Bidder fails

(i) to accept the award

(ii) to furnish Contract cum Equipment Performance Bank Guarantee in accordance with tender.

18.8 The Indian / domestic firms registered with NSIC or MSME as micro or small enterprises, are exempted fromsubmission of bid security However they have to submit valid certificates as mentioned in IFB.

19.0 PERIOD OF VALIDITY OF BIDS

19.1 Bids shall remain valid for the period specified in the ITB after the date of bid submission prescribed by thePurchaser and will reject the bid having shorter validity period as non-responsive.

19.2 In exceptional circumstances, the Purchaser may request the Bidder for an extension of the period of validity.The request and the responses thereto shall be made in writing. The bid security provided under ITB shallalso be suitably extended. A Bidder may refuse the request without forfeiting its bid security. A Biddergranting the request for extension of its bid validity will not be required nor permitted to modify its bid.

20.0 AGENTS IN INDIA

20.1 Bidder shall send their bid directly and not through Agents. Bids submitted by Agents on behalf of anybidder will be rejected.

20.2 In case Foreign Bidder has engaged an Agent in India and intends to avail their services for liaisoning work,bidder shall furnish the following information in Form - 7.

a) Name and address of Agent.

b) Permanent Income Tax Account No. of Agent.

c) The precise relationship between Bidder and Agent.

d) Copy of Agreement/ Power of Attorney/ Letter of Authority shall be furnished.

e) Details of the services to be provided by Agent.

f) A confirmation that no other agents shall be involved and that no other commission amounts are payablein this contract.

20.3 In case Bidder proposes not to engage the services of any Agent in India for liaisoning work, Bidder shallspecifically certify the same on their letterhead as per proforma attached in Form - 6 in the biddingdocument.

21.0 FORMAT AND SIGNING OF BID

21.1 The Bidder shall prepare an original and the number of copies of the bid as required in the tender, clearlymarking each “ORIGINAL BID” and “COPY OF BID,” as appropriate. In the event of any discrepancybetween them, the one marked as original shall govern.

21.2 The original and the copy of the bid shall be typed or written in indelible ink. Each page of bid offer shall bestamped and signed by the Bidder or a person or persons duly authorized by competent authority in order tobind the bidder to the contract.

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21.3 Any interlineations, erasures, or corrections shall be valid only if the person or persons signing the bid initialthem. Overwriting will not be treated as correction and may lead to rejection of bid. A correction shall beconsidered if a part of text or figures or dates needing corrections are deleted and a separate text or figure ordate, as the case may be, is written separately having proper link to the place of correction.

22.0 DEVIATIONS

22.1 Purchaser/Consultant will appreciate submission of offer based on the terms and conditions in the enclosedGCC, SCC, ITB, Scope of Work, Technical Specification etc. to avoid delay seeking clarifications ontechnical/ commercial aspect of the offer.

22.2 Deviation, if any has to be listed only in the Form 5 of the bid submitted by the bidder. Deviations listedanywhere else will not be considered and in case of award of the job to the bidder, the job has to be completedin accordance with the tender terms and conditions without any commercial implications to the Purchaser.

22.3 Notwithstanding to the above, bids with the deviation(s) to the bid conditions shall be summarily rejectedwithout any post bid reference to the bidder. However Purchaser reserves the right to take the final decision inthis regard, without assigning any reason.

D. PREPARATION AND SUBMISSION OF BIDS

23.0 PREPARATION OF BIDS

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

(a) Part – I Techno-commercial/ Un-priced Bid shall contain the following:

Covering Letter with

(i) Bidder’s General Information Form F-1

(ii) Tender fee if not submitted earlier and Bid security as per Form F-2

(iii) Annual turnover Form F-3A

(iv) Financial Status Form F -3B

(v) Check List for agreed terms and conditions as per Form F-4 A & F-4 B

(vi) List of Exception / Deviation in Form F-5, if any

(vii) Documentary evidence establishing that the goods and services to be supplied by the bidder conform tothe bidding document.

(viii) Copies of documents defining the constitution or legal status, place of registration and principal place ofbusiness of the Company or firm or partnership.

(ix) Certificate of Non-involvement of Agent as per Form F-6 in case of foreign bidders

(x) Details of Indian Agent as per Form F-7 in case of foreign bidders, if applicable

(xi) Declaration as per Form F-8

(xii) Letter of authority in favor of any one or two of Bidder’s executives having authority to attend the un-priced and price bid opening as per Form F-9.

(xiii) Information on goods and services to be supplied by the Bidder from India/outside owner's country

(xiv) Confirmation that bidder is not banned by any Indian Government organization/ GovernmentUndertaking from quoting as per format F-10

(xv) Information regarding any current litigation in which the bidder is involved in Form F-11.

(xvi) Certificates as per Form- 12 & 13

(xvii) Details of similar work executed in last 5 years as per Form F-14.

(xviii) Power of attorney of the signatory to the bid document.

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(xix) Schedule of Rates (SOR) / In Price column should be mentioned as “Quoted”.

(xx) 1 complete set of bid documents along with addendum/corrigendum no. ….... duly signed and sealed oneach page, in token of confirmation that Bid Documents are considered in full while preparing the bidand in case of award, work will be executed in accordance with the provisions detailed in BidDocuments.

Note: All pages of the bid to be signed and sealed by an authorised representative of the bidder.

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

(b) Part – II Price Bid

Part – II shall contain one original and one copy of Schedule of Rates in separate sealed envelopes duly signedand stamped on each page super scribing on the sealed envelope “Price Bid – (Item / package name)” “Do NotOpen”.

24.0 SEALING AND MARKING OF BIDS

Bid shall be submitted in original and Copy. Original and copy shall be sealed in separate envelopes clearlysuperscripting “Original” or “Copy” as the case may be. These envelopes shall be further sealed as detailedhereunder.

24.1 Bid Security: Bidder shall submit Original and Copy of the bid Security In one Envelope clearly superscribedBid Security.

24.2 Techno Commercial Un-priced Bid: Original of Techno – commercial Un-priced Bid shall be sealed in oneseparate envelope superscripting “Techno-commercial Un-priced Bid – “(Item / package name)” (TenderDocument No. .)” “Original”. Copy of Techno-Commercial Un-priced Bid along with envelope containingcopy of Bid Security shall be sealed in separate envelopes super-scribing “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 + 1 copy – “(Item / package name)” (TenderDocument No…..)”.

24.3 Price Bid: Original Price Bid and 1 copy shall be sealed in separate envelopes super-scribing “Price Bid –“(Item / package name)” (Tender Document No……)” “Original” or “Copy” as the case may be. All suchenvelopes (original + copy) shall be sealed in a separate envelope super-scribing “Price Bid (original + copy)– “(Item / package name)” (Tender Document No……..)” “Not to Open along with Techno – CommercialUn-priced Bid”.

24.4 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.

24.5 The inner and outer envelopes shall:

(a) Be addressed to the Purchaser at the address given in the Tender.

(b) Bear the Project name indicated in the Tender, the Invitation for Bids (IFB), and a statement: “DO NOTOPEN BEFORE,” to be completed with the deadline for submission of bids as specified in the Tender.

24.6 Each of the inner envelopes shall also indicate the name and address of the Bidder to enable the bid to bereturned unopened in case it is declared “late.”

24.7 If the outer envelope is not sealed and marked as required by ITB, the Purchaser will assume no responsibilityfor the bid’s misplacement or premature opening and its consequential rejection.

NOTE : In case of any differences between Original and Copy, Original Bid will be applicable.

25.0 DEADLINE FOR SUBMISSION OF BIDS

25.1 Bids must be received by the Purchaser/ Consultant at the address specified under ITB, not later than the timeand date specified in the tender documents.

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25.2 The Purchaser/Consultant may, at its discretion, extend this deadline for the submission of bids by amendingthe bid documents in accordance with ITB, in which case all rights and obligations of the Purchaser andBidders previously subject to the deadline will thereafter be subject to the deadline as extended.

26.0 LATE BIDS

26.1 Any bid received by the Purchaser/Consultant after the deadline for submission of bids prescribed by thePurchaser/Consultant will be rejected and returned unopened to the Bidder.

27.0 MODIFICATION AND WITHDRAWAL OF BIDS

27.1 The Bidder may modify or withdraw its bid after the bid’s submission (but before the deadline for submissionof bids), provided that written notice of the modification, including substitution or withdrawal of the bids, isreceived by the Purchaser/Consultant prior to the deadline prescribed for submission of bids.

27.2 The Bidder’s modification or withdrawal notice shall be prepared, sealed, marked, and dispatched inaccordance with the provisions of ITB. A withdrawal notice may also be sent by electronic mail, but followedby a signed confirmation copy, postmarked no later than the deadline for submission of bids.

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

27.4 No bid shall be withdrawn in the interval between the deadline for submission of bids and the expiration ofthe period of bid validity specified by the Bidder on the Bid Form. Withdrawal of a bid during this intervalmay result in the Bidder’s forfeiture of its bid security.

E. OPENING AND EVALUATION OF BIDS

28.0 OPENING OF BIDS BY THE PURCHASER/CONSULTANT

28.1 The Purchaser/Consultant will open all bids in the presence of Bidders’ representatives who choose to attend,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 a register evidencing their attendance, if so required by thePurchaser / Consultant.

28.2 The Bidders’ names, bid modifications or withdrawals, and the presence or absence of requisite bid securityand such other details as the Purchaser, at its discretion, may consider appropriate, will be announced at theopening. No bid shall be rejected at bid opening, except for late bids, which shall be later returned unopenedto the concerned Bidder.

28.3 Bids (and modifications) that are not opened and read out at bid opening shall not be considered further forevaluation, irrespective of the circumstances. Bidder’s specific attention is drawn to this stipulation to enablethe 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.

28.4 The Purchaser/Consultant will prepare a bid opening statement to be signed by all representatives presentduring bid opening.

29.0 CLARIFICATION OF BIDS

29.1 During evaluation of the bids, the Purchaser / Consultant may, at its discretion, ask the Bidder for aclarification of its bid. The request for clarification and the response shall be in writing, and no change in theprices or substance of the bid shall be sought, offered, or permitted.

29.2 After the pre-bid conference, normally no deviation from the tender terms is permissible in the submitted bidhowever, in case deviation is inevitable at the time of submission of bid, the same should be resolved within10 days from the date of first communication on the matter from IGL or its consultant failing which the bidwill be liable for rejection.

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30.0 PRELIMINARY EXAMINATION

30.1 The Purchaser/Consultant will examine the bids to determine whether they are complete, whether requiredsureties have been furnished, whether the documents have been properly signed and whether the bids aregenerally in order.

30.2 The Purchaser/Consultant may waive any minor informality, nonconformity, or irregularity in a bid whichdoes not constitute a material deviation, provided such waiver does not prejudice or affect the relative rankingof any Bidder.

30.3 Purchaser reserves the right to not to open the bids of those bidders with whom purchaser experience withregard to performance of any earlier contract/ equipment has been found to be lacking.

30.4 Prior to the detailed evaluation, pursuant to ITB, the Purchaser/Consultant will determine the substantialresponsiveness of each bid to the bidding documents. For purposes of these Clauses, a substantiallyresponsive bid is one, which conforms to all the terms and conditions of the Bid Documents withoutdeviations.

30.5 If a bid is not substantially responsive, it will be rejected by the Purchaser/Consultant and shall notsubsequently be made responsive by correction of the nonconformity by the Bidder.

31.0 REJECTION CRITERIA

31.1 Minor unconformities may be neglected and/or bidders may be required to rectify such minor unconformities.

31.2 Any deviation/unconformity on following conditions will result in summarily rejection of the bid:

i) Bid document fee

ii) Bid security (EMD) i.e. non-submission along with bid offer or bid security (EMD) not complyingwith the bid requirements.

iii) Submission of contract performance bank guarantee as per tender.

iv) Period of validity of bid.

v) Firm & fixed prices throughout execution of contract

vi) Offer for complete scope of work

vii) Warranty and guarantee for work executed/ defect liability

viii) Resolution of dispute/ arbitration clause.

ix) Payment terms.

x) Prices as per schedule of rates.

xi) Price Reduction Schedule provisions.

xii) Penalty provisions.

xiii) Documents pertaining to PF registration and service tax registration.

xiv) Force Majeure

xv) Applicable law

xvi) Scope of work

xvii) Defect liability period

xviii) Variation in quantity

xix) Any modification in SOR and Guaranteed parameters (Annexure I) in the submitted bid offer

xx) If any cell in Guaranteed parameters (Annexure I of Volume II of II) is left blank

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xxi) Any other condition specifically mentioned in the tender documents elsewhere that non-compliance ofthe clause lead to rejection of the bid

32.0 OPENING OF PRICE BID

32.1 In case of two-part bidding, the Bidders whose bids are found substantially responsive shall be invited toattend the opening of price bid. Such bidders may be required to attend the price bid opening at a shortnotice. The place, date and time of price bid opening will be informed to all such Bidders. The Bidder’srepresentatives who are present shall sign a register evidencing their attendance.

32.2 The bid prices and discounts, if any stated in the price schedules will be announced during price bid opening.

32.3 The price bids will be checked for arithmetical errors and such errors if any, will be rectified on the followingbasis

(i) If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unitprice and quantity, the unit price shall prevail, and the total price shall be corrected;

(ii) If there is a discrepancy between words and figures, the amount in words will prevail;

(iii) In cases where a different summary price schedule and separate individual price schedules are provided tobe filled in and if there is a discrepancy between the amount in the summary schedule and the summationarrived at by adding the individual schedules the higher of the two will be taken for the purposes of bidevaluation, while the lower of the two will be taken for the award if selected. If the Bidder does not acceptthe provisions of this clause, its bid will be rejected, and its bid security shall be forfeited.

33.0 CONVERSION TO SINGLE CURRENCY

33.1 To facilitate evaluation and comparison, the Purchaser/ Consultant will convert all bid prices, expressed inthe amounts in various currencies in which the bid prices have been stated, to Indian Rupees at the sellingexchange rate between such currencies and Indian Rupee as published for similar transactions by the StateBank of India as on one day prior to the date of opening of un-priced bids or the previous day for which suchrates are available if the date of opening un-priced bids happens to be a bank holiday.

34.0 EVALUATION AND COMPARISON OF PRICES

34.1 Evaluation

The Owner will evaluate and compare the bids previously determined to be substantially responsive. Inevaluating bids, the Owner will determine for each bid the evaluated bid Price by adjusting the bid Price asfollows:

a) Arithmetical errors will be rectified on the following basis:

If there is discrepancy between the unit rate and the total cost that is obtained by multiplying the unit rateand quantity, the unit rate shall prevail and the total cost will be corrected.

If there is a discrepancy between the total bid amount and the sum of total costs, the sum of the total costsshall prevail and the total bid amount will be corrected.

b) Deviations from terms and conditions of the bid document stipulated by the bidder if found acceptable, shallbe evaluated and loaded to the quoted price

34.2 Other Conditions Related To Bid Evaluation

(i) Canvassing in any form will make the bid liable for rejection.

(ii) Unsolicited clarifications to the offer and/or change in prices during its validity period would render thebid liable for outright rejection.

(iii) Bidders are advised to ensure that their bids are complete in all respects and conform to our terms,conditions and Bid Evaluation criteria of bid. Bids not complying with Owner's requirement may berejected without seeking any clarifications.

(iv) Bidder’s will not be allowed to revise their price/bid for any subsequent clarification, compliance to

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bid conditions after submission of bid.

(v) Bid should be complete covering the individual item wise total scope of work indicated in the Biddocuments.

(vi) Price bid will be evaluated as per applicable taxes and duties as on date of Priced bid opening.

34.3 Evaluation Methodology

34.3.1 Evaluation will be carried out for complete scope of work (Supply, Services and Operation & MaintenanceServices) for compressor package.

34.3.2 Evaluated price will include quoted prices along with taxes and duties, Owner’s liability towards customs duty,Goods & Service Tax (GST) and any other taxes and duties as applicable, Technical loading towards packagegas loss and fuel consumption as defined in Technical Specification & Commercial loading if any, shall beconsidered while comparing prices.

Evaluated Price = Cost of Basic Price of Package + P&F + Freight + Insurance + AMC Price for 3 years +Technical Loading on account of fuel Consumption + Loading on account of package Gas Loss + Taxes/ Dutiesas applicable.

34.3.3 Ranking of bidders i.e. L1, L2, L3 & L4 shall be decided based on total evaluated price as defined in Clauseno. 34.3.2 above. The lowest evaluated bidder’s rate for compressor package shall be considered as L-1 ratesfor award.

34.3.4 The lowest evaluated bidder’s shall be considered as L-1 rates for award and evaluated price of L1 bidderwill be offered to L-2, L3, L4 …..bidders (All techno-commercial qualified bidders).

34.3.5 To cover fluctuations in foreign exchange rates for foreign currency offers, premium on forward coverapplicable for six months released by SBI one day prior to opening of un-priced bids shall be taken intoaccount for the purpose of evaluation and comparison.

34.3.6 In case none of the bidders matches the price of L-1 bidder then 100% work shall be awarded to L-1 bidder.

35.0 CONTACTING THE PURCHASER/ CONSULTANT

35.1 From the time of bid opening to the time of contract award, if any Bidder wishes to contact the Purchaser/Consultant on any matter related to the bid, it should do so in writing.

35.2 Any effort by a Bidder to influence the Purchaser/ Consultant in its decisions on bid evaluation, bidcomparison, or contract award may result in the rejection of the Bidder’s bid.

F. AWARD OF CONTRACT

36.0 POST-QUALIFICATION

36.1 In the absence of pre-qualification, the Purchaser/Consultant will determine to its satisfaction whether theBidder that is selected as having submitted the lowest evaluated responsive bid is qualified to perform thecontract satisfactorily, in accordance with the criteria listed in ITB.

36.2 The determination will take into account the Bidder’s financial, technical, and production capabilities. It willbe based upon an examination of the documentary evidence of the Bidder’s qualifications submitted by theBidder, as well as such other information as the Purchaser/Consultant deems necessary and appropriate.

36.3 An affirmative determination will be a prerequisite for award of the contract to the Bidder. A negativedetermination will result in rejection of the Bidder’s bid, in which event the Purchaser/Consultant willproceed to the next lowest evaluated bid to make a similar determination of that Bidder’s capabilities toperform satisfactorily.

37.0 AWARD CRITERIA

37.1 The Purchaser will award the contract to the successful Bidder whose bid has been determined to besubstantially responsive and has been determined to be the lowest evaluated bid for Compressor Packages,provided further that the Bidder is determined to be qualified to perform the contract satisfactorily.

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38.0 SPLIT OF AWARD

38.1 Purchaser reserves the right to split the award.

39.0 PURCHASER’S RIGHT TO VARY QUANTITIES

39.1 The quantity mentioned in SOR is for obtaining the unit rates and evaluation purpose .The Purchaser reservesthe right at the time of contract award or during tenancy of contract to increase or decrease the quantity ofgoods and services originally specified in the Schedule of Requirements without any change in unit price orother terms and conditions.

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

40.1 The Purchaser reserves the right to accept or reject any bid in full or part, to annul the bidding process andreject all bids at any time prior to contract award, without thereby incurring any liability to the affectedBidder or Bidders. Purchaser also reserves the right not to accept lowest rates quoted by the bidder.

41.0 NOTIFICATION OF AWARD

41.1 Prior to the expiration of the period of bid validity, the Purchaser will notify the successful Bidder in writingby Fax of Intent (FOI/NOTIFICATION OF AWARD) or registered letter or by e-mail that its bid has beenaccepted.

41.2 The date of fax of intent for notification of award will be effective date of start of contract.

41.3 The bidder shall promptly, but not later than Seven (7) days of notification of award shall furnish itsacceptance of notification of award and submit the Contract-Cum-Equipment Performance Bank guaranteepursuant to ITB Clause.

41.4 The Purchaser will discharge the bid security of unsuccessful Bidders as early as possible.

41.5 Fax of intent read in conjunction with bid documents shall be binding on Bidder.

42.0 CONTRACT CUM EQUIPMENT PERFORMANCE BANK GUARANTEE

42.1 Bidder shall furnish the Contract Cum Equipment Performance Bank Guarantee (CPBG) in accordance withthe bid document, in the Format provided in the bid document. The bank guarantee shall be in the samecurrency of Letter of award / Contract.

42.2 Bidder shall be required to submit Contract-Cum-Equipment Performance Bank Guarantee (CPBG), issuedby a nationalized bank or a scheduled Indian bank or by the branch of a reputable international bank locatedin India or by an international reputed bank from abroad provided in that case, the guarantee is confirmedthrough any bank as above located in India.

43.0 CORRUPT OR FRAUDULENT PRACTICES

43.1 It is required that all concerned in the entire procurement process to observe the highest standard of ethicsduring the said process. In pursuance of this policy, the Purchaser/Consultant:

(a) defines for the purposes 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 a public official in the procurement process or in contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order to influence a procurement process or theexecution of a contract to the detriment of the Borrower, and includes collusive practice among Bidders(prior to or after bid submission) designed to establish bid prices at artificial non-competitive levels and todeprive the Borrower of the benefits of free and open competition;

(b) will reject a proposal for award if it determines that the Bidder recommended for award has engaged incorrupt or fraudulent practices in competing for the contract in question;

(c) will declare a firm ineligible, either indefinitely or for a stated period of time, to be awarded a Bank-financed contract if it at any time determines that the firm has engaged in corrupt or fraudulent practicesin competing for, or in executing, a Bank financed contract.

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43.2 Furthermore, Bidders shall be aware of the provision stated in General Conditions of Contract (GCC).

44.0 ELIGIBLE BIDDERS

44.1 The bidder shall indicate in bid offer whether they have been put on holiday / ban by any GovernmentOrganization / Public Sector or their joint ventures/ IGL for any forgery, Corrupt or Fraudulent Practice orunethical behaviour.

45.0 SINGLE POINT RESPONSIBILITY:

45.1 The bidder shall submit bid on single point sole/prime bidder responsibility basis. Bidder shall therefore notsubmit offer on consortium or joint bid basis.

45.2 The sole (prime) bidder alone (in whose name the bid document has been issued) will have single pointresponsibility for all contractual purposes and will be over all responsible for complete execution of thecontract as per scope, terms & conditions defined in the Bid Document.

45.3 The status of all the other vendor(s)/collaborator(s), (if any), referred/identified by the bidder in their offershall be that of bidder’s sub-vendor/supplier/sub-contractor.

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GENERAL CONDITIONS OFCONTRACT (GCC) IGL/ND/C&P/EC15081


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SUPPLY OF


SECTION - III

GENERAL CONDITIONS OF CONTRACT (GCC)

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1.0 DEFINITIONS

1.1 All the initial capitalised terms used in the Agreement shall have the meaning as ascribed to such termhereunder:

(a) ‘Agreement’ or ‘Contract’ means the agreement entered into between the Purchaser / Owner and theSupplier, including all attachments and appendices thereto and all documents incorporated by referencetherein, as modified, reinstated or amended from time to time.

(b) ‘Completion Schedule’ or ‘Delivery Schedule’ means a schedule approved by the Owner for completionof all obligations of the Supplier under the Agreement.

(c) ‘Consultant’ means the person or firm or body corporate appointed by the Owner for the purposes ofproviding services as determined by him in connection with this Agreement and named in SCC.

(d) ‘Contract Documents’ mean all the documents referred to in the Agreement for discharging the requisiteobligations by respective party.

(e) ‘Contract Price’ means the price payable to the Supplier under the Contract for the full and properperformance of all its contractual obligations.

(f) ‘Day’, ‘Month’ or ‘Year’ means calendar day, calendar month or calendar year.

(g) ‘Engineer In-charge’ means an authorized representative of the Purchaser / Owner, if any, to which thePurchaser / Owner has entrusted various tasks in relation to the carrying out of his Project and inparticular the implementation of the relevant Agreement. The Engineer is fully empowered to representthe Purchaser / Owner. For avoidance of doubt, Consultant may be an Engineer. In case the Agreementdoes not specify the intervention by the Engineer, the rights and obligations are exercised and borne bythe Purchaser / Owner, mutatis mutandis.

(h) ‘Effective Date’ means a date on which Supplier’s obligations will commence and thereupon DeliverySchedule and/or Completion Schedule will be drawn up.

(i) ‘Goods’ means all of the equipment, machinery, and/or other materials which the Supplier is required tosupply to the Purchaser / Owner under the Agreement.

(j) ‘GCC’ means the General Conditions of the Contract contained in this section.

(k) ‘Inspector’ means any person or outside Agency nominated by Purchaser / Owner to inspect equipment,stage wise as well as final, before despatch, at Supplier’s works and/or on receipt at Site as per terms ofthe Agreement.

(l) ‘Notification of Award’ means date which is earlier of either a Fax of Intent (FOI/NOTIFICATION OFAWARD) or Letter of Intent (LOI) or Letter of Award (LOA) issued to a successful bidder for award ofthe work pursuant to bidding process.

(m) ‘Purchaser’ /or ‘Owner’ shall mean Indraprastha Gas Ltd. (IGL), a company incorporated in India havingits registered office at IGL Bhavan, 4 Community Centre, Sector-IX, R.K.Puram, New Delhi-110022,India. The term OWNER includes its successors & assigns.

(n) ‘Services’ or ‘Ancillary Services’ means those services ancillary to the supply of the Goods, such astransportation and insurance, and any other incidental services, such as installation, commissioning,provision of technical assistance, training and other such obligations of the Supplier covered under thescope of the Agreement.

(o) ‘Site’ or ’Purchaser’s stores’ means the place or places named in tender document.

(p) ‘SCC’ means the Special Conditions of the Contract (for purchase of Goods) forming a part of theContract Documents.

(q) ‘Supplier’ or ‘Seller’ or ‘Contractor’ means the individual person or firm or body corporate supplyingthe Goods and Ancillary Services under the Agreement.

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(r) ‘FOT’ – means that the Goods or supply items or services shall be done at site(s) warehouses or placesmentioned by the Purchaser on FOT basis.

2.0 APPLICATION

2.1 GCC shall apply to the extent that they are not superseded by provisions of other parts of the Agreement.

3.0 INTERPRETATION OF CONTRACT DOCUMENTS

3.1 Notwithstanding the sub-divisions of the contract documents into separate sections and volumes every part ofeach shall be deemed to be supplementary to and complementary of every other part and shall be read with andinto the CONTRACT so far as it may be practicable to do so.

3.2 Where any portion of the General Condition of Contract is repugnant to or at variance with any provisions of theSpecial Conditions of Contract then, unless a different intention appears the provisions of the Special Conditionsof Contract shall be deemed to over ride the provisions of the General Conditions of Contract and shall to theextent of such repugnancy, or variations, prevail.

4.0 COUNTRY OF ORIGIN

4.1 For purpose of this Clause, ‘origin’ means the place where the Goods were mined, grown, or produced. Goodsare produced when, through manufacturing, processing, or substantial and major assembly of components, acommercially recognized new product results that is substantially different in basic characteristics or in purposeor utility from its components.

4.2 The origin of Goods and services may be different from the nationality of the Supplier.

5.0 STANDARDS

5.1 The Goods supplied under this Agreement shall conform to the standards mentioned in the TechnicalSpecifications and when no applicable standard is mentioned, to the authoritative standards appropriate to theGoods’ in country of origin. Such standards shall be the latest issued by the concerned institution.

6.0 CONFIDENTIALITY

6.1 The Supplier cannot, without agreement of the Purchaser, disclose nor enable third parties to benefit from thedocuments drawn up in the course of his obligations under the Agreement or information received from thePurchaser / Consultant / Engineer/ Inspector.

6.2 Further, Supplier is not allowed to publish copy or transmit to third parties the documents that are transmitted tohim by Purchaser or Consultant or Engineer or Inspector. The Purchaser or Consultant retains the right to claimdamages from the supplier in the case where these documents have been used without such written consent.

6.3 However, these obligations do not apply to documents for which it can be demonstrated that

• Such documents were already public before these were communicated to the other party, or have becomepublic since without any fault or negligence of the party concerned, or

• Such documents were already in its possession without having obtained them directly or indirectly fromthe other party, or

• Such documents were obtained from an independent source that had neither direct nor indirect secrecycommitment to the other party.

6.4 Regarding the application of this clause, the experts appointed by the Purchaser/ Engineer are not considered asthird parties, and for this reason they have to respect, towards the Supplier, the same obligations as the Purchaserin these matters.

6.5 Any document, other than the Agreement itself, enumerated in GCC Clause 1.1 a) shall remain the property ofthe Purchaser and shall be returned (all copies) to the Purchaser on completion of the Supplier’s obligationsunder the Agreement, if so required by the Purchaser.

7.0 DELAYS BY OWNER OR HIS AUTHORISED AGENTS :

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7.1 In case the CONTRACTOR's performance is delayed due to any act or omission directly attributable to OWNERor his authorized agents, then the CONTRACTOR shall be given due extension of time for the completion of theWORK, to the extent such omission on the part of the OWNER has caused delay in the CONTRACTOR'sperformance of his WORK against written request by contractor and after’s Owner’s verification.

7.2 No adjustment in CONTRACT PRICE shall be allowed for reasons of such delays and extensions granted,except when contractor is requested by OWNER to maintain the agreed time schedule of completion byengaging additional CONTRACTOR's personnel for additional time beyond stipulated working hours as also onSundays and Holidays and achieve the completion date/interim targets.

8.0 PATENT RIGHTS

8.1 The Supplier shall alone bear the liability and costs of any prejudicial consequence of any infringement of all orpart of the patents, industrial trademarks, designs and models relating to the Goods. Therefore, the Supplier shallmake the arrangements at his own expense with the holders and pay the royalties, obtain the necessary licensesand authorizations, failing which he agrees to modify the Goods to the extent needed to avoid any suchinfringement.

8.2 In case of legal action or proceedings for infringement against the Owner / Consultant, the Supplier undertakesto:

• Stand up for the Owner / Consultant in the defence of his rights and interests;

• Save Purchaser / Consultant harmless of any legal, financial and other consequences as may result to himfrom the legal action or proceedings;

• Bear all the damages and interests as may be due to the holders of the patents, industrial trademarks,designs and models, in principal, costs and interests;

• Reimburse to the Purchaser / Consultant, at the Purchaser’s first request, the costs of any naturewhatsoever, including the fees of lawyers, experts and technical advisers, etc. incurred due to or on theoccasion of the legal action or proceedings;

• To modify if need to be and without delay, the incriminated Goods / equipment, or have it replaced, freeof charge, by equivalent Goods / equipment free of any infringement. Supplier alone shall bear all thecosts, risks and liability that result thereof including the costs of dismantling, erecting, adapting ormodifying such Goods/ equipment and starting up, etc.

8.3 In case of legal action or proceedings for infringement brought against the Purchaser / Consultant, the Supplierhas the right to participate in the Owner's / Consultant’s defence. Any transaction with the third party in suchcases shall be discussed and jointly agreed by the parties, wherever feasible.

8.4 The modifications to be brought to the Goods must have the prior consent of the Purchaser / Consultant. Thisconsent cannot in any way lessen the obligations of the Supplier that result from the present article, also in caseswhen new legal action or proceedings are initiated following the modifications that were made.

9.0 CONTRACT CUM EQUIPMENT PERFORMANCE BANK GUARANTEE

9.1 CPBG shall be submitted in two stages as below:

(a) Within twenty (20) Days of receipt of the Notification of Award, the successful bidder shall furnish tothe Purchaser first Contract-Cum-Equipment Performance Bank Guarantee (CPBG) equivalent to 10% oftotal order value except the value for Operation & Maintenance (O&M) with all taxes, duties, levies &charges inclusive. This CPBG shall be kept valid for 90 days beyond the expiry of Guarantee/ Warrantyperiod as defined in clause no. 18.0 of GCC, for last shipment.

(b) Second CPBG shall be submitted within 15 days from the dispatch of the first lot of compressor packagesequivalent to 10% of total order value of O&M (all taxes & duties inclusive) and shall be kept valid for60 days beyond the AMC period for O&M.

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9.2 The proceeds of the Contract-Cum-Equipment Performance Bank Guarantee shall be payable to the Purchaser ascompensation for any loss or damage resulting from the Supplier’s failure to complete its obligations under theAgreement.

9.3 The Contract-Cum-Equipment Performance Bank Guarantee shall be denominated in the currency of theContract/ Letter of award and shall be in the form provided in bid documents in form of bank guarantee issuedby a nationalized bank or a scheduled Indian bank or by the branch of a reputable international bank located inIndia or by an international reputed bank from abroad provided in that case, the guarantee is confirmed throughany bank as above located in India.

9.4 The Contract Performance Guarantees will be discharged by the Owner and returned to the Supplier not laterthan thirty (30) days following the date of completion of all the Supplier’s performance obligations under theContract, including any warranty obligations.

9.5 For further details, refer SCC clause 18.4.

10.0 INSPECTIONS AND TESTS

10.1 The Supplier will submit to Purchaser / Consultant the quality assurance plan (QAP) regarding design,manufacture and testing of all the items required under the Agreement within 15 days of Notification of Award.Purchaser / Consultant will then review the QAP and inform the Seller, the stages when the Purchaser /Consultant/ Inspector / Engineer would witness the tests and/or inspect the Goods under manufacturing, beyondwhich the progress of the specified activity / manufacturing will not proceed, without written approval. Suchpoints during the progress of work under the Agreement shall be called as Customer Hold Points (CHP’s)

10.2 The Seller will inform Purchaser/ Consultant fifteen (15) Days in advance for readiness of material for all suchidentified CHP’s.

10.3 The Purchaser/Consultant or its representative shall have the right to inspect and / or to test the Goods toconfirm their conformity to the requirements of the Agreement at no extra cost to the Purchaser. SCC and / orthe Technical Specifications shall specify what inspections and tests the Purchaser requires and to the extentfeasible, where they are to be conducted. All costs for such inspections and tests except the cost of travel, boardand lodge of the Purchaser’s representative / Inspector shall be to the account of the Supplier. The Purchasershall notify the Supplier in writing, in a timely manner, of the identity of any such representatives, (if outside ofPurchaser’s organisation) retained by it for these purposes.

10.4 The inspections and tests may be conducted on the premises of the manufacturer or Supplier or its sub-supplier(s), at point of delivery, and / or at the Goods’ final destination. If conducted on the premises of themanufacturer or Supplier or its sub-supplier(s), all reasonable facilities and assistance, including access todrawings and production data, shall be provided by the Supplier to the inspectors at no charge to the Owner.

10.5 Should any inspected or tested Goods fail to conform to the Specifications, the Owner may reject the Goods, andthe Supplier shall either replace the rejected Goods meeting the Specification requirements or make alterationsnecessary to meet Specification requirements free of cost to the Purchaser.

10.6 Nothing in GCC Clause 10.0 shall in any way release the Supplier from any warranty or other obligations underthe Agreement.

11.0 ADDITIONAL TEST

11.1 The Purchaser/ Consultant can also request for additional tests which were not identified and specified in theQAP, but considers necessary to ensure the quality of the raw materials or of the manufacture.

11.2 In any case, additional tests shall be designed so as to require a minimum of time. Provided further beforestarting these additional tests, the Supplier defines and justifies, to the Purchaser’s satisfaction, the possibleeffects of the duration of these tests on the contractual time-limits / schedule(s).

11.3 The Supplier places at the disposal of the Purchaser/Consultant , or of the chosen official or approvedorganization, the tools and/or items of general use, which belong to him as well as the staff necessary for theadditional tests decided by the Purchaser/Consultant .

11.4 Should these additional tests reveal unacceptable faults, taking into account the features asked for and theSpecifications that entail the repair or rejection of the relevant item or components, the Supplier will be

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responsible of the ensuing delays, inasmuch as these tests have been made in the shortest possible time. Heshall bear, in such case, any costs he has had to incur for the carrying out of the tests.

11.5 If, on the other hand, the additional tests do not reveal, in the opinion of the Purchaser/Consultant, unacceptablefaults as indicated above, the cost borne by the supplier for the carrying out of these tests will be invoiced to theOwner, after prior justification, and the Supplier may be entitled to reasonable extension of the time limit.

12.0 PACKING

12.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deteriorationduring transit to their final destination, as indicated in the Agreement. The packing shall be sufficient towithstand, without limitation, rough handling during transit and tropical humid conditions as exposure toextreme temperatures, salinity and precipitation during transit, and open storage. Further the size and weights ofthe packing cases shall take into consideration, where appropriate, the remoteness of the Goods’ final destinationand the absence of heavy handling facilities at all points in transit.

12.2 The packing, marking and documentation within and outside the packages shall comply strictly with such specialrequirements as shall be expressly provided for in the Agreement, including additional requirements, if any,specified in the SCC, and in any subsequent instructions of the Purchaser/Consultant .

13.0 DISPATCH INSTRUCTIONS

13.1 At least fifteen (15) Days before the expected dispatch date, the Supplier shall obtain authorization from thePurchaser / Consultant to go ahead with the dispatching, after ensuring compliance to other requirements of theAgreement.

14.0 DELIVERY AND DOCUMENTS

14.1 Delivery of the Goods shall be made by the Supplier in accordance with the Delivery Schedule specified in theAgreement. The details of shipping and/or other documents to be furnished by the Supplier are specified in theSCC.

15.0 INSURANCE IN INDIA:

15.1 General

CONTRACTOR shall at his own expense arrange secure and maintain insurance with reputable insurancecompanies to the satisfaction of the OWNER as follows:

CONTRACTOR at his cost shall arrange, secure and maintain insurance as may be necessary and to its fullvalue for all such amounts to protect the works in progress from time to time and the interest of OWNER againstall risks as detailed herein. The form and the limit of such insurance, as defined herein together with the underwriter works thereof in each case should be as acceptable to the OWNER. However, irrespective of workacceptance, the responsibility to maintain adequate insurance coverage at all times during the period ofCONTRACT shall be that of CONTRACTOR alone. CONTRACTOR’s failure in this regard shall not relievehim of any of his responsibilities and obligations under CONTRACT.

Any loss or damage to the equipment, during ocean transportation, port/custom clearance, inland and porthandling, inland transportation, storage, erection, testing and commissioning till such time the work is takenover by OWNER, shall be to the account of CONTRACTOR. CONTRACTOR shall be responsible forpreferring of all claims and make good for the damage or loss by way of repairs and/or replacement of the partsof the work damaged or lost. CONTRCTOR shall provide the OWNER with a copy of all insurance policiesand documents taken out by him in pursuance of the CONTRACT. Such copies of documents shall be submittedto the OWNER immediately upon the CONTRACTOR having taken such insurance coverage. CONTRACTORshall also inform the OWNER at least 60 (Sixty) days in advance regarding the expiry cancellation and/orchanges in any of such documents and ensure revalidation/renewal etc., as may be necessary well in time.

Statutory clearance, if any, in respect of foreign supply required for the purpose of replacement of equipmentlost in transit and/or during Testing & Commissioning, shall be made available by the OWNER.CONTRACTOR shall, however be responsible for obtaining requisite licenses, port clearances and other

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formalities relating to such import. The risks that are to be covered under the insurance shall include, but notbe limited to the loss or damage in handling, transit, theft, pilferage, riot, civil commotion, weather conditions,accidents of all kinds, fire, war risk (during ocean transportation only) etc. The scope of such insurance shallcover the entire value of supplies of equipments, plants and materials to be imported from time to time.

All costs on account of insurance liabilities covered under CONTRACT will be to CONTRACTOR's accountand will be included in VALUE OF CONTRCT. However, the OWNER may from time, during the currency ofthe CONTRACT, ask the CONTRACTOR in writing to limit the insurance coverage risk and in such a case, theparties to the CONTRACT will agree for a mutual settlement, for reduction in VALUE OF CONTRACT to theextent of reduced premium amounts.

CONTRACTOR as far as possible shall cover insurance with Indian Insurance Companies, including marineInsurance during ocean transportation.

i) EMPLOYEES STATE INSURANCE ACT:

The CONTRACTOR or their local agents agrees to and does hereby accept full and exclusive liability for thecompliance with all obligations imposed by the Employee State Insurance Act, 1948 including notifiedmodification and the CONTRACTOR further agrees to defend, indemnify and hold OWNER harmless for anyliability or penalty which may be imposed by the Central, State or local authority by reason of any assertedviolation by CONTRACTOR or SUB-CONTRACTOR of the Employees' State Insurance Act, 1948 and also fromall claims, suits on proceeding that may be brought against the OWNER arising under, growing out of or byreasons of the work provided for by this CONTRACTOR whether or by Central or State Government authority orany political sub-division thereof.

The CONTRACTOR agrees to fill in with the Employees' State Insurance Corporation, the Declaration Forms,and all forms which may be required in respect of the CONTRACTOR's or SUB-CONTRACTOR's employees,who are employed in the WORK provided for or those covered by ESI from time to time under the Agreement.The CONTRACTOR shall deduct and secure the agreement of the SUB-CONTRACTOR to deduct the employee'scontribution as per the first schedule of the Employee's State Insurance Act from wages and affix the EmployeesContribution Card at wages payment intervals. The CONTRACTOR shall remit and secure the agreement of theSUB-CONTRACTOR to remit to the State Bank of India, Employee's State Insurance Corporation, Account, theEmployee's Contribution as required by the Act. The CONTRACTOR agrees to maintain all cards and records asrequired under the Act in respect of employees and payments and the CONTRACTOR shall secure the agreementof the SUB-CONTRACTOR to maintain such records. Any expenses incurred for the contributions, makingcontributions or maintaining records shall be to the CONTRACTOR's or SUB-CONTRACTOR's account.

The OWNER shall retain such sum as may be necessary from the total VALUE OF CONTRACT until theCONTRACTOR shall furnish satisfactory proof that all contributions as required by the Employees StateInsurance Act, 1948, have been paid. This will be pending on the CONTRACTOR when the ESI Act is extendedto the place of work.

ii) WORKMEN COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE:

Insurance shall be affected for all the CONTRCTOR's employees engaged in the performance of thisCONTRACT. If any part of WORK is sublet, the CONTRACTOR shall require the SUB-CONTRACTOR toprovide Workman's Compensation and employer's liability insurance for the later's employees if such employeesare not covered under the CONTRACTOR's Insurance.

iii) ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATIONS OR BY OWNER:

CONTRACTOR shall also carry and maintain any and all other insurance(s) which he may be required under anylaw or regulation from time to time without any extra cost to OWNER. He shall also carry and maintain any otherinsurance which may be required by the OWNER.

iv) ACCIDENT OR INJURY TO WORKMAN:

The OWNER shall not be liable for or in respect of any damages or compensation payable at law in respect or inconsequence of any accident or injury to any workman or other person in the Employment of theCONTRACTOR or any SUB-CONTRACTOR save and except an accident or injury resulting from any act ordefault of the OWNER, his agents or servants and the CONTRACTOR shall indemnify and keep indemnified

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the OWNER against all such damages and compensation (save and except and aforesaid) and against all claims,demands, proceeding, costs, charges and expenses, whatsoever in respect or in relation thereto.

vi) TRANSIT INSURANCE:

In respect of all items to be transported by the CONTRACTOR to the SITE OF WORK, the cost of transitinsurance should be borne by the CONTRACTOR and the quoted price shall be inclusive of this cost.

vii) CONTRACTOR’S ALL RISK INSURANCE POLICY (CAR )

The contractor shall take all risk insurance policies at its own cost.

15.2 Damage to property or to any person or any third party :

15.2.1 CONTRACTOR shall be responsible for making good to the satisfaction of the OWNER any loss or any damageto structures and properties belonging to th+e OWNER or being executed or procured or being procured by theOWNER or of other agencies with in the premises of all the WORK of the OWNER, if such loss or damage isdue to fault and/or the negligence or willful acts or omission of the CONTRACTOR, his employees, agents,representatives or SUB-CONTRACTORS.

15.2.2 The CONTRACTOR shall take sufficient care in moving his plants, equipments and materials from one place toanother so that they do not cause any damage to any person or to the property of the OWNER or any third partyincluding overhead and underground cables and in the event of any damage resulting to the property of theOWNER or of a third party during the movement of the aforesaid plant, equipment or materials the cost of suchdamages including eventual loss of production, operation or services in any plant or establishment as estimated bythe OWNER or ascertained or demanded by the third party shall be borne by the CONTRACTOR. Third partyliability risk shall be Rupees One lakh for single accident and limited to Rupees Ten lakhs.

15.2.3 The CONTRACTOR shall indemnify and keep the OWNER harmless of all claims for damage to property otherthan OWNER's property arising under or by reason of this agreement, if such claims result from the fault and/ornegligence or willful acts or omission of the CONTRACTOR, his employees, agents, representative of SUB-CONTRACTOR.

16.0 INSURANCE IN FOREIGN COUNTRIES

16.1 The contractor shall at his own cost arrange, secure and maintain separate insurance cover from the reputableinsurance companies, for all such amounts and for such periods as may be necessary to protect the works,contractor and sub-contractor's personnel and the interests of the owner as per applicable laws of land.

16.2 The form and the limit of insurance cover taken by Contractor shall be satisfactory to Owner, and one copy of allinsurance policies and related documents shall be submitted to owner, immediately on execution. Contractorshall inform Owner at least 60 days before any insurance policies expire or are cancelled or changed.

17.0 TRANSPORTATION

17.1 Where the Supplier is required under the Scope of the Contract to transport the Goods to a specified place ofdestination or to Site, the Supplier shall transport to such place of destination or site, as the case may be,including insurance and storage, if required. The Contract Price will include costs of all such transportation.

17.2 The Supplier shall select such carrier which could deliver the Goods in requisite time. In such case, Suppliershall be required to check (i) Age of the carrier; (ii) schedule and actual maintenance; (iii) payment of relevantfees; (iv) pending claims, if any; (v) past accident records etc., so as to ensure safe and timely transportation ofthe Goods.

17.3 In case delay occurs for reasons not attributable to Purchaser alone, the Supplier shall, if directed by Purchaser,adapt a specific way of delivery of Goods (air freight or like wise) at destination, the additional cost which willbe borne by the Supplier. If such specific way of delivery is required by Purchaser to pre-pone the deliveries,nevertheless, Supplier will arrange the same and difference of justified transportation charges will also be borneby the Purchaser.

18.0 GUARANTEE/ WARRANTY

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18.1 The Supplier warrants that the Goods supplied under the Agreement are new, unused, of the most recent orcurrent models and that they incorporate all recent improvements in design and materials unless providedotherwise in the Contract Documents. The Supplier further warrants that all Goods supplied under thisAgreement shall have no defect, arising from design, materials, or workmanship (except when the design and /or material is required by the Purchaser’s specifications and the Supplier has given his disclaimer of warrantyobligations with respect to such requirement) or from any act or omission of the Supplier, that may developunder normal use of the supplied Goods in the conditions prevailing in the place of use / destination.

18.2 This warranty shall remain valid for twelve (12) months from the date of performance test of compressor packageat site. However, if performance test doesn’t get carried out, within twenty days of commercial operation or 400hrs of commercial operation, for reasons directly attributable to client/purchaser, then warranty period shall startfrom the date of completion of 20 days or 400 hours of successful commercial operation and issue of instructionsfor the commencement of commercial operation shall be issued by the owner.

or

Eighteen (18) Months after the date of shipment of last compressor whichever is earlier.

18.3 Bidder will assume responsibility in obtaining manufacturer’s warranty for all bought out items and maintainsufficient stock of spares at each site to meet urgent requirements.

18.4 The Owner shall promptly notify the Supplier in writing of any claims arising under this warranty.

18.5 Upon receipt of such notice, the Supplier shall, within a reasonable period, repair or replace the defective Goodsor parts thereof, free of cost to the Purchaser, deliver at the appropriate destination. The Supplier may take overthe replaced parts / Goods at the time of their replacement. No claim whatsoever shall lie on the Purchaser forthe replaced parts / goods thereafter. In the event of any correction of defects or replacement of defective materialduring the warranty period, the warranty for the corrected / replaced Goods or item or material shall be extendedto a further period of twelve (12) Months from the date of such repair/replacement if put to use immediately oreighteen (18) Months.

18.6 If the Supplier, having been notified, fails to remedy the defect(s) within a reasonable period, the Purchaser mayproceed to take such remedial action as may be necessary, at the Supplier’s risk and expense and withoutprejudice to any other rights which the Purchaser may have against the Supplier under the Agreement.

19.0 LATENT DEFECT

19.1 If any latent defect (a defect which could not have manifested itself in the normal course of inspection andtesting as per relevant codes, test procedures and contract specifications and normal usage as per industrypractice will be referred to as latent defect) surfaces within five years of putting the Goods or parts thereof intooperation, the Supplier shall repair or replace such Goods or parts, as the case may be, within technicallyreasonable period to the satisfaction of the Purchaser/Consultant and without any additional liability on thePurchaser, whatsoever.

20.0 PAYMENT TERMS

20.1 Please refer SCC.

21.0 PRICES AND PRICE BASIS

21.1 Prices charged by the Supplier for Goods delivered and Services performed under the Agreement shall be on firmprice basis and not vary from the prices quoted by the Supplier in its bid, with the exception of any priceadjustments authorized in the tender document.

22.0 CHANGE ORDERS

22.1 Any change in obligations with respect to the Agreement of either party shall be governed by a change order.The procedure of change order to be detailed in project coordination procedure to be developed pursuant toNotification of Award and agreed by the parties.

23.0 CONTRACT AMENDMENTS

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23.1 Subject to GCC Clause 22.0, no variation in or modification of the terms of the Agreement shall be made exceptby written amendment signed by the parties.

24.0 ASSIGNMENT

24.1 The Supplier shall not assign, in whole or in part, any of its obligations to be performed under this Agreement toany third party, except with the Owner’s prior written consent.

25.0 SUB-CONTRACTING

25.1 The Supplier shall notify the Owner in writing of all subcontracts awarded under this Agreement if not alreadynotified in the Supplier’s bid and incorporated in the Agreement. Such notification and incorporation shall notrelieve the Supplier from any liability or obligation under the Agreement. Such sub-contract shall be limited tocertain bought-out items and sub-assemblies, which are not in line of Supplier’s manufacturing or proposedmanufacturing unit of authorized Supplier.

25.2 Such purchases and subcontracted items shall have to be necessarily in full compliance with the terms andconditions of the Agreement and do not relieve the Supplier of any of his contractual obligations. The Suppliershall be solely responsible for any action, deficiency or negligence of his sub contractors.

25.3 For any subcontract, the Purchaser is entitled to demand from the Supplier, for approval of the list sub contractors the Supplier intends to involve and of the orders he may entrust to them. The Purchaser may furtherdemand that proposals of competitors be produced for him to examine. Approval by the Owner cannot give riseto any legal bond between the Purchaser and the sub contractors and leaves full responsibility only to theSupplier.

25.4 In the event where the warranty agreed between the Supplier and his sub-Suppliers exceeds in scope or in periodthose required under the Agreement, the Supplier undertakes to make the Purchaser the full and directbeneficiary of such warranty.

26.0 DELAYS IN THE SUPPLIER’S PERFORMANCE

26.1 Delivery of the Goods and performance of Services shall be made by the Supplier in accordance with the timeschedule prescribed by the Purchaser/Consultant in the Delivery Schedule.

26.2 If at any time during performance of the Agreement, the Supplier or its subcontractor(s) encounters conditionsimpeding timely delivery of the Goods and performance of Services, the Supplier shall promptly notify thePurchaser/Consultant in writing of the fact of the delay, its likely duration and its cause(s). As soon aspracticable after receipt of the Supplier’s notice, the Purchaser/Consultant shall evaluate the situation and may atits discretion extend the Supplier’s time for performance, with or without levy of Price Reduction Schedule, inwhich case the extension shall be ratified by the parties by amendment of Agreement.

26.3 Except as provided under GCC Clause 29.0 or for the reasons solely attributable to the Purchaser/Consultant, adelay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to theimposition of Price Reduction Schedule (PRS) pursuant to GCC Clause 27.0, unless an extension of time isagreed upon pursuant to GCC Sub-Clause 26.2 without the application of PRS.

27.0 PRICE REDUCTION SCHEDULE ( PRS )

27.1 Time is the essence of the CONTRACT. In case the CONTRACTOR fails to complete the WORK within theContractual Completion period, then, unless such failure is due to Force Majeure as defined here above or due toOWNER's defaults, the CONTRACTOR shall pay to the OWNER, by way of compensation for delay and not aspenalty, a sum @ ½ % (Half Per Cent) of the value of the “supply portion for the quantity” OR “the workportion” that is delayed per complete week for delay subject to maximum of 5% (Five Per Cent) of the totalcontract value excluding value towards operation & maintenance charges. The parties agree that this is a genuinepre estimate of the loss/damage which will be suffered on account of delay/breach on the part of theCONTRACTOR and the said amount will be payable on demand without there being any proof of the actual lossor damages caused by such delay/breach. The decision of OWNER in regard to the actual delay shall be finaland binding on the CONTRACTOR.

27.2 All sums payable by way of compensation shall be considered as reasonable compensation without reference tothe actual loss or damage which shall have been sustained.

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28.0 TERMINATION FOR DEFAULT

28.1 Except for the cases provided for in Clause 29.0, if the Supplier fails to execute the work or any part thereofwith such diligence as will ensure its completion within the time specified in the contract or extension thereof orfails to perform any of his obligation under the contract or in any manner commits a breach of any of theprovisions of the contract it shall be open to the owner at its option by written notice to the supplier

28.2 TO DETERMINE THE CONTRACT in which event the CONTRACT shall stand terminated and shall cease tobe in force and effect on and from the date appointed by the OWNER on that behalf, where upon theCONTRACTOR shall stop forthwith any of the CONTRACTOR's work then in progress, except such WORK asthe OWNER may, in writing, require to be done to safeguard any property or WORK, or installations fromdamage, and the OWNER, for its part, may take over the work remaining unfinished by the CONTRACTOR andcomplete the same through a fresh CONTRACTOR or by other means, at the risk and cost of theCONTRACTOR, and any of his sureties if any, shall be liable to the OWNER for any excess cost occasionedby such work having to be so taken over and completed by the OWNER over and above the cost as worked out interms of the contract.

28.3 WITHOUT DETERMINING THE CONTRACT to take over the work of the CONTRACTOR or any partthereof and complete the same through a fresh CONTRACTOR or by other means at the risk and cost of theCONTRACTOR and any of his sureties are liable to the OWNER for any excess cost over and above the cost asworked out in terms of the contract, occasioned by such works having been taken over and completed byOWNER.

28.4 Before determining the CONTRACT, provided in the judgment of the OWNER, the default or defaultscommitted by the CONTRACTOR is/are curable and can be cured by the CONTRACTOR if an opportunity isgiven to him, then the OWNER may issue notice in writing calling the CONTRACTOR to cure the defaultwithin such time specified in the notice.

28.5 The OWNER shall also have the right to proceed or take action as per above, in the event that theCONTRACTOR becomes bankrupt, insolvent, compounds with his creditors, assigns the CONTRACT in favourof his creditors or any other person or persons, or being a company or a corporation goes into voluntaryliquidation, provided that in the said events it shall not be necessary for the OWNER to give any prior notice tothe CONTRACTOR.

28.6 Termination of the CONTRACT as provided for above shall not prejudice or affect the rights of the OWNERwhich may have accrued up to the date of such termination.

29.0 FORCE MAJEURE

29.1 For purposes of this clause, ‘Force Majeure’ means an event beyond the control of the Supplier or Purchaser andnot involving the Supplier’s fault or negligence and not foreseeable, all having impact on the performance of therespective obligations as detailed hereinafter. Such events may include, but are not restricted to:

• War, whether declared or not, civil war, unrest and revolution, piracy, terrorism, sabotage;

• Natural disasters such as tornadoes, earthquakes, tidal waves, floods, destruction by lightning, etc.

• Explosions, fires, destruction of machinery, plant and installations of any nature.

• Arbitrary action, if any of the Government of India or a relevant State.

• Refusal by government authority of Government of India to grant the necessary permits needed to carryout the Agreement, provided such refusal is not the result of the doing of the parties.

• Boycotts, strikes and lock-outs of any nature, disruptive, occupation of plant and premises, workstoppages occurring at the premises of the party requesting to be relieved of its liability, so long suchcause is not effected by such party’s controlled administration or employees.

29.2 Should any one or more of the events referred to in this clause occur, affecting the performance of theobligations of either of the parties, under the Agreement, such party shall notify to the other party the existenceof a cause for force majeure as soon as it has knowledge of such event but not later than fifteen (15) Days fromsuch date the event has arisen. The notification shall contain the details regarding the nature, starting date,

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presumed end date, as well as the estimated effects of the case of force majeure or other cause of force majeureon the obligations of the party which has incurred the event.

29.3 As soon as the cause for exoneration has ended, the party, the performance of which has been affected shallnotify, in writing, to the other party the precise date of the end of the cause of force majeure and the extent, withjustification, to which it has actually been affected in the performance of its obligations. It adds to this statementthe necessary certificates issued by an authorised entity.

29.4 Any case of force majeure suspends the carrying out of the obligations affected. However, the party which claimsforce majeure shall show every diligence towards reducing as much as feasible the effects thereof. It isexonerated only for the minimum period, which may (in no event exceed the period of existence of the forcemajeure itself) have actually occurred as a result of the force majeure.

29.5 The parties may request that the Agreement be deemed cancelled if it’s carrying out has become totallyimpossible.

30.0 OWNER MAY DETERMINE/TERMINATE CONTRACT:

30.1 OWNER shall, at any time, be entitled to determine and terminate the CONTRACT for any cause whatsoever.A notice in writing from the OWNER to the CONTRACTOR shall be issued giving 15 (fifteen) days' time forsuch determination including the reason thereof.

30.2 The CONTRACTOR upon receipt of such notice shall discontinue the WORK on the date and to the extentspecified in the notice, make all reasonable efforts to obtain cancellation of all orders and contracts to the extentthey are related to works terminated and upon terms satisfactory to OWNER, stop all further sub-contracting orpurchasing activity related to the works terminated and assist the OWNER in maintenance, protection anddisposition of the works acquired under the CONTRACT by the OWNER.

30.3 Should the CONTRACT be determined under sub-clause (i) of this clause and unless such termination is forreasons of default of the CONTRACTOR in accordance with clause 28.0.

31.0 SETTLEMENT OF DISPUTES

31.1 The rules of procedure for arbitration proceedings shall be as per Indian Arbitration and Conciliation Act 1996or as amended.

31.2 If any dispute or difference arising between the Parties in respect of or concerning or connected with theinterpretation or implementation of this Agreement or otherwise arising out of this Agreement, the parties heretoshall promptly and in good faith negotiate with a view to bring out and amicable resolution and settlement.

31.3 If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual consultation,then either the Owner or the Supplier may give notice to the other party of its intention to commence arbitration,as hereinafter provided, as to the matter in dispute, and no arbitration in respect of this matter may becommenced unless such notice is given.

31.4 The dispute resolution mechanism to be applied shall be follows:

31.5 a) In case of dispute or difference arising between the Owner and Contractor relating to any matter arising out ofor connected with this agreement, such dispute or difference shall be referred to the award of two Arbitrators,one Arbitrator to be nominated by the Owner and the other to be nominated by the Contractor or in the case ofthe said Arbitrators not agreeing, the Owner shall suggest a panel of three names and the Contractor shall selectanyone of them to act as third arbitrator. In case the Owner fails to suggest the panel of three arbitrators, within30 days of the communication of the disagreement, then the third arbitrator may be nominated by the ArbitrationCommittee of the Indian Council of Arbitration or International Center for Alternative Disputes Resolution(ICADR). The award of the arbitrators shall be final and binding on the Parties.

31.6 b) The Indian Arbitration and Conciliation Act, 1996, the rules thereunder and any statutory modification or re-enactment thereof, shall apply to the arbitration proceedings.

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31.7 The Arbitration proceedings shall be held in Delhi and shall be conducted in English Language. The decision ofsuch arbitration shall be binding and conclusive upon the Parties. The Parties to the arbitration shall equallyshare the costs and expenses of any such arbitration.

31.8 It is hereby clarified that the Courts at Delhi alone shall have jurisdiction to try and entertain any and all suits orother proceedings in respect of, relating to or otherwise arising out of this Agreement.

31.9 Notwithstanding any reference to arbitration herein, the parties shall continue to perform their respectiveobligations under the Agreement unless they otherwise agree.

32.0 LIMITATION OF LIABILITY

32.1 Except in cases of wilful negligence or wilful misconduct, and in the case of infringement, the Supplier shall notbe liable to the Purchaser, whether in contract, tort, or otherwise, for any indirect or consequential loss ordamage, loss of use, loss of production, or loss of profits provided that this exclusion shall not apply to anyobligation of the Supplier to pay Price Reduction to the Purchaser and the aggregate liability of the Supplier tothe Purchaser, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price,provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.

33.0 GOVERNING LANGUAGE

33.1 The Agreement shall be written in English language unless specified otherwise in the SCC. All correspondenceand other documents pertaining to the Agreement which are exchanged by the parties shall be written in thesame language. In case, any document/brochure etc. is written in any other language then its English translationshall govern.

34.0 APPLICABLE LAW

34.1 The CONTRACT shall be governed and interpreted in accordance with laws of India and Courts at Delhi shallhave exclusive jurisdiction.

35.0 NOTICES

35.1 Any notice given by one party to the other pursuant to this Agreement shall be sent to the other party in writingby registered mail or facsimile and confirmed in writing to the other party’s address specified in the Agreement.

35.2 A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

36.0 TAXES, DUTIES AND LEVIES IN FOREIGN COUNTRIES:

36.1 The Contractor agrees to and does hereby accept full and exclusive liability at his own cost for the payment ofany and all taxes, duties and levies etc., as are payable to any government, local or statutory authority in anycountry other than India, as are now in force or as hereafter imposed, increased or modified, and as are payableby Contractor, his agents, Sub-Contractor's and their employees etc., for performance of work under thiscontract. The Contractor shall be deemed to have been fully informed with respect to all such liabilities andconsidered the same in his bid, and the Contract shall not be varied in any way on this account.

37.0 TAXES, DUTIES AND LEVIES IN INDIA:

37.1 The CONTRACTOR agrees to and does hereby accept full and exclusive liability for the payment of any andall Taxes, Duties now in force and hereafter increased, imposed or modified from time to time in respect ofWORKS and materials and all contributions and taxes for unemployment compensation, insurance and old agepensions or annuities now or hereafter imposed by any Central or State Government authorities which areimposed with respect to or covered by the wages, salaries, or other compensations paid to the personsemployed by the CONTRACTOR and the CONTRACTOR shall be responsible for the compliance with allobligations and restrictions imposed by the Labour Law or any other law affecting employer-employeerelationship and the CONTRACTOR further agrees to comply, and to secure the compliance of all SUB-CONTRACTORs with all applicable Central, State, Municipal and local law and regulation , and requirementof any central, State or Local Government agency or authority. CONTRACTOR further agrees to defend,indemnify and hold OWNER harmless from any liability or penalty which may be imposed by the Central,

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State or Local authorities by reason of any violation by CONTRACTOR or SUB-CONTRACTOR of suchlaws, regulations or requirements and also from all claims, suits or proceedings that may be brought againstthe OWNER arising under, growing out of, or by reason of the work provided for by this CONTRACT, bythird parties, or by Central or State Government authority or any administrative sub-division thereof.

37.2 Owner shall directly pay the Customs Duty and Service Tax to concerned Authorities in case of foreign bidders.

37.3 Owner shall make from contractor’s bills such tax deductions as are required as per rules and regulations inforce from time to time.

37.4 Statutory Variation on the rates of Taxes and Duties of Owner’s country, included in the contract priceImposition of any fresh statutory levy/tax shall be considered by Owner against documentary evidence upto thecontractual completion period only on finished products.

38.0 TIME FOR PERFORMANCE:

38.1 The effective date of CONTRACT shall be the date of Notification of Award (Fax of Intent). The completionperiod specified in the Bid Document shall be reckoned from the date of Fax of Intent.

38.2 CONTRACTOR shall furnish bar charts specifying intermediate Mile stones to achieve the final completionperiod as per contract. The bar chart agreed shall be for reference purpose only & shall in no way release thecontractor’s responsibility to complete the work within the completion period.

39.0 TRANSFER OF TITLE

39.1 The title of Ownership in respect of equipment, materials etc. supplied by CONTRACTOR for incorporation inpermanent works for execution of contract shall pass on to Owner on the date of issue of completion certificate.

39.2 However, OWNER shall have the lien on all such equipment, materials, etc. at any time during the performanceof the contract after the date on which Owner releases any advance payment towards the said equipment,materials, etc. and contractor shall thereafter be bound to use the same only for the purpose intended under thecontract.

40.0 CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDERCLAUSE ENTITLED TERMINATION FOR DEFAULT.

In any case in which any of the powers conferred upon the OWNER by the clause entitled "Termination forDefault" hereof shall have become exercisable and the same had not been exercised, the non-exercise thereofshall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding beexercisable in the event of any further case of default by the CONTRACTOR for which by any clause or clauseshereof he is declared liable to pay compensation amounting to the whole of his Performance guarantee and theliability of the CONTRACTOR for past and future COMPENSATION shall remain unaffected.In the event of the OWNER putting in force the power vested in him under the preceding clause he may, if he sodesires, take possession of all or any tools, and plants, materials and stores in or upon the works or the sitethereof belonging to the CONTRACTOR or procured by him and intended to be used for the execution of theWORK or any part thereof paying or allowing for the same in account at the CONTRACT prices or in case ofthese not being applicable at current market prices to be certified by the ENGINEER-IN-CHARGE may givenotice in writing to the CONTRACTOR or his authorised agent, requiring him to remove such tools, plant,materials or stores from the premises (within a time to be specified in such notice), and in the event of theCONTRACTOR failing to comply with any such requisition, the ENGINEER-IN-CHARGE may remove them atthe CONTRACTOR's expense or sell them by auction or private sale on account of the CONTRACTOR and athis risk in all respects without any further notice as to the date , time or place of the expenses of any suchremoval and the amount of the proceeds and expenses of any such sale shall be final and conclusive against theCONTRACTOR.

41.0 CHANGE IN CONSTITUTION

41.1 The prior approval, in writing, of the OWNER shall be obtained before any change is made in the constitutionof the contractor. If prior approval is not obtained, the CONTRACT shall be deemed to have been allotted in

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contravention of Clause entitled "sub-letting of works" hereof and the same action may be taken and the sameconsequence shall ensure as provided in the said clause.

42.0 MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE:

42.1 No Director, or Official or employee of the OWNER shall in any way be personally bound or liable for the actsor obligations of the OWNER under the CONTRACT or answerable for any default or omission in theobservance or performance of any of the acts, matters or things which are herein contained.

43.0 CONRACTOR'S OFFICE AT SITE:

43.1 In case of a foreign bidder, it is necessary to have an office in India or an established agent duly approved byOwner to undertake operation and maintenance of the equipment as per scope defined elsewhere in the biddocument.

43.2 The CONTRACTOR shall provide and maintain an office at the site for the accommodation of his agent andstaff and such office shall be open at all reasonable hours to receive instructions, notice or other communicationsfrom the owner.

44.0 CONTRACTOR TO INDEMNIFY THE OWNER:

44.1 The CONTRACTOR shall indemnify the Owner and every member, officer and employee of the OWNER, alsothe ENGINEER-IN-CHARGE and his staff against all actions, proceedings, claims, demands, costs andexpenses whatsoever arising out of all actions, proceedings, claims, demands, costs and expenses which may bemade against the OWNER for or in respect of or arising out of any failure by the CONTRACTOR in theperformance of his obligations under the CONTRACT. The OWNER shall not be liable for or in respect ofconsequence of any accident or injury to any workmen or other person in the employment of theCONTRACTOR or his SUB-CONTRACTOR and CONTRACTOR shall indemnify and keep indemnified theOWNER against all such damages and compensations and against all claims, damages, proceedings, costs,charges and expenses whatsoever in respect thereof or in relation thereof.

44.2 Should the OWNER have to pay any money in respect of such claims or demands as aforesaid the amount sopaid and the costs incurred by the OWNER shall be charged to and paid by the CONTRACTOR and theCONTRACTOR shall not be at liberty to dispute or question the right of the OWNER to make such paymentsnotwithstanding the same may have been made without the consent or authority or in law or otherwise to thecontrary.

45.0 SAFETY REGULATIONS:

45.1 In respect of all labour, directly or indirectly employed in the WORK the CONTRACTOR shall at his ownexpense arrange for all the safety provisions and abide by all labour laws. Safety codes, and all fire and statutoryregulation and keep owner indemnified in respect thereof.

46.0 OTHER AGENCIES AT SITE:

46.1 The CONTRACTOR shall have to execute the work in such place and conditions where other agencies will alsobe engaged for other works. No claim shall be entertained due to work being executed in the abovecircumstances.

47.0 OWNER MAY DO PART OF WORK:

47.1 Upon failure of the CONTRACTOR to comply with any instructions given in accordance with the provisions ofthis CONTRACT the OWNER has the alternative right, instead of assuming charge of entire WORK, to placeadditional labour force, tools, equipment’s and materials on such parts of the WORK, as the OWNER maydesignate or also engage another CONTRACTOR to carry out the WORK. In such cases, the OWNER shalldeduct from the amount which otherwise might become due to the CONTRACTOR, the cost of such WORKand materials with fifteen percent (15%) added to cover all Owners charges and should the total amount thereofexceed the amount due to the CONTRACTOR, the CONTRACTOR shall pay the difference to the OWNER.

48.0 POSSESSION PRIOR TO COMPLETION:

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48.1 The ENGINEER-IN-CHARGE shall have the right to take possession of or use any completed or partiallycompleted WORK or part of the WORK. Such possession or use shall not be deemed to be an acceptance of anywork completed in accordance with the CONTRACT agreement. If such prior possession or sue by theENGINEER-IN-CHARGE delays the progress of WORK, equitable adjustment in the time of completion will bemade and the CONTRACT agreement shall be deemed to be modified accordingly.

49.0 DEFECTS IN WORK:

49.1 Defects prior to taking over :

If at any time, before the WORK is taken over, the ENGINEER-IN-CHARGE shall:

a) Decide that any work done or materials used by the CONTRACTOR or by any SUB -CONTRACTOR isdefective or not in accordance with the CONTRACT, or that the works or any portion thereof aredefective, or do not fulfill the requirements of CONTRACT (all such matters being hereinafter, called“Defects” in this clause), and

b) As soon as notice is given to the CONTRACTOR in writing of the said decision, specifying particularsof the defects alleged to exist or to have occurred, then the CONTRACTOR shall at his own expensesand with all speed make good the defects so specified.

In case CONTRACTOR shall fail to do so, the OWNER may take, at the cost of the CONTRACTOR, such stepsas may in all circumstances, be reasonable to make good such defects. The expenditure so incurred by theOWNER will be recovered from the amount due to the CONTRACTOR. The decision of the ENGINEER-IN-CHARGE with regard to the amount to be recovered from the CONTRACTOR will be final and binding, on theCONTRACTOR. As soon as the WORK have been completed in accordance with the CONTRACT (except inminor respects that do not affect their use for the purpose for which they are intended and except for maintenancethere of and have passed the tests on completion, the ENGINEER-IN-CHARGE shall issue a certificate(hereinafter called Completion Certificate) in which he shall certify the date on which the WORK have been socompleted and have passed the said tests and the OWNER shall be deemed to have taken over the WORK on thedate so certified. If the WORK have been divided into various groups in the CONTRACT, the OWNER shall beentitled to take over any group or groups before the other or others and there upon the ENGINEER-IN-CHARGEshall issue a Completion Certificate which will, however, be for such group or groups so taken over only. In suchan event if the group/section/part so taken over is related to the integrated system of the work, no withstandingdate of grant of Completion Certificate for group/section/part, the period of liability in respect of suchgroup/section/part shall extend 12 (twelve) months from the date of completion of WORK.

49.2 DEFECTS AFTER TAKING OVER:

In order that the CONTRACTOR could obtain a COMPLETION CERTIFICATE he shall make good, with allpossible speed, any defect arising from the defective materials supplied by the CONTRACTOR or workmanship orany act or omission of the CONTRACTOR that may have been noticed or developed, after the works or groups ofthe works has been taken over, the period allowed for carrying out such WORK will be normally one month. Ifany defect be not remedied within a reasonable time, the OWNER may proceed to do the WORK atCONTRACTOR’s risk and expense and deduct from the final bill such amount as may be decided by theOWNER.

If by reason of any default on the part of the CONTRACTOR a COMPLETION CERTIFICATE has not beenissued in respect of any portion of the WORK within one month after the date fixed by the CONTRACT for thecompletion of the WORK, the OWNER shall be at liberty to use the WORK or any portion thereof in respect ofwhich a completion certificate has not been issued, provided that the WORK or the portion thereof so used asaforesaid shall be afforded reasonable opportunity for completing these works for the issue of CompletionCertificate.

50.0 REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS:

50.1 If during the progress of the WORK, OWNER shall decide and inform in writing to the CONTRACTOR, thatthe CONTRACTOR has manufactured any plant or part of the plant unsound or imperfect or has furnishedplant inferior to the quality specified, the CONTRACTOR on receiving details of such defects or deficienciesshall at his own expenses within 7 (seven) days of his receiving the notice, or otherwise within such time as

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may be reasonably necessary for making it good, proceed to alter, re-construct or remove such work andfurnish fresh equipments upto the standards of the specifications. In case the CONTRACTOR fails to do so,OWNER may on giving the CONTRACTOR 7 (seven) day’s notice in writing of his intentions to do so,proceed to remove the portion of the WORK so complained of and at the cost of CONTRACTOR perform allsuch works or furnish all such equipment’s provided that nothing in the clause shall be deemed to deprive theOWNER of or affect any rights under the CONTRACT, the OWNER may otherwise have in respect of suchdefects and deficiencies.

50.2 The CONTRACTOR’s full and extreme liability under this clause shall be satisfied by the payments to theOWNER of the extra cost, of such replacements procured including erection/installation as provided for in theCONTRACT; such extra cost being the ascertained difference between the price paid by the OWNER for suchreplacements and the CONTRACT Price portion for such defective plants and repayments of any sum paid bythe OWNER to the CONTRACTOR in respect of such defective plant. Should the OWNER not so replace thedefective plant the CONTRACTOR’s extreme liability under this clause shall be limited to the repayment of allsuch sums paid by the OWNER under the CONTRACT for such defective plant.

51.0 DEFENCE OF SUITS:

51.1 If any action in court is brought against the OWNER or an officer or agent of the OWNER, for the failure,omission or neglect on the part of the CONTRACTOR to perform any acts, matters, covenants or things underthe CONTRACT, or damage or injury caused by the alleged omission or negligence on the part of theCONTRACTOR, his agents, representatives or his SUB-CONTRACTOR’s, or in connection with any claimbased on lawful demands of SUB-CONTRACTOR’s workmen, suppliers or employees, the CONTRACTOR,shall in such cases indemnify and keep the OWNER and/or their representatives harmless from all losses,damages, expenses or decrees arising out of such action.

52.0 PACKING, FORWARDING AND SHIPMENT:

FOREIGN SUPPLIES:

52.1 The CONTRACTOR, wherever applicable, shall after proper painting, pack and crate all items for shipment in amanner suitable for export to a tropical, humid climate region in accordance with the internationally acceptedexport practices and in such a manner so as to protect it from damage and deterioration in transit by road, railand/or sea and during storage at the site till the time of erection. The CONTRACTOR shall be held responsiblefor all damages due to improper packing.

52.2 The CONTRACTOR shall notify OWNER of the date of each shipment from the port of embarkation as well asthe expected date of arrival of such shipment at the designated port of arrival only for enabling the OWNER toassist as far as possible the CONTRACTOR in customs clearance formalities at the port of dis-embarkation. Itshall, however, be clearly understood that OWNER’s responsibility shall be limited only to providing assistanceby way of recommendatory letters to concerned authorities, if any required.

52.3 The CONTRACTOR shall give complete shipping information concerning the weight, size, content of eachpackage including any other information OWNER may require.

52.4 The CONTRACTOR shall prepare detailed packing list of all packages and containers, bundles and loosematerial forming each and every consignment despatched to SITE. The CONTRACTOR shall further beresponsible for making all necessary arrangements for loading, unloading and other handling right from hisworks/manufacturer’s/Suppliers’ works/port of dis-embarkation till the same reaches SITE and also till the itemis erected, tested and commissioned. He shall be solely responsible for transportation/shipment, proper storageand safe custody of all equipment and materials.

INDIGENOUS SUPPLIES

52.5 The CONTRACTOR, wherever applicable, shall, after proper painting, pack and crate all items in such a manneras to protect them from deterioration and damage during rail and road transportation to the SITE and storage atthe SITE till the time of erection. The CONTRACTOR shall be held responsible for all damages due toimproper packing.

52.6 The CONTRACTOR shall notify OWNER of the date of each shipment from his works and expected date ofarrival at the SITE for the information of OWNER.

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52.7 The CONTRACTOR shall also give all shipping information concerning the weight, size and content of eachpacking including any other information OWNER may require.

52.8 Fragile articles shall be packed with special precaution and shall bear the marking like ‘Fragile Handle withCare’ and/or ‘this side Up’ etc. Items shipped in bundle must be securely tied with steel wire or straps at suitableintervals.

52.9 All delicate surfaces on equipment/materials shall be carefully protected and painted with protectivepaint/compound and wrapped to prevent rusting and damage.

52.10 Attachments and parts of equipments and small pieces shall be packed in wooden cases with adequate protectioninside the case and wherever possible should be sent along with the major equipment. Each item shall be taggedso as to identify it with the main equipment and part number and reference number shall be indicated.

52.11 All protrusions shall be suitably protected and openings shall be blocked by wooden covers.

52.12 Wherever required, equipment/material shall be packed in polythene bags and silica gel or similar dehydratingcompound shall be put inside the bags for protecting them.

53.0 DEDUCTIONS FROM THE CONTRACT PRICE:

53.1 All costs, damages or expenses which OWNER may have paid or incurred for which under the provisions of theCONTRACT, the CONTRACTOR is liable/will be liable, will be deducted from contractors bills or from anymoneys due or becoming due to the CONTRACTOR.

54.0 COMPLETION CERTIFICATE:

Application for COMPLETION CERTIFICATE:

54.1 When the CONTRACTOR fulfills his obligation under the contract he shall be eligible to apply forCOMPLETION CERTIFICATE in respect of the WORK by submitting the completion documents along withsuch application for COMPLETION CERTIFICATE.

54.2 The ENGINEER-IN-CHARGE shall normally issue to the CONTRACTOR the COMPLETION CERTIFICATEwithin one month after receiving an application therefor from the CONTRACTOR after verifying from thecompletion documents and satisfying himself that the WORK has been completed in accordance with and as setout in the construction and erection drawings and the CONTRACT DOCUMENTS.

54.3 The CONTRACTOR, after obtaining the COMPLETION CERTIFICATE, is eligible to present the final bill forthe WORK executed by him under the terms of CONTRACT.

ISSUE of COMPLETION CERTIFICATE:54.4 Within one month of the completion of the WORK in all respects, the CONTRACTOR shall be furnished with a

certificate by the ENGINEER-IN-CHARGE of such completion, but neither COMPLETION CERTIFICATEshall be given nor shall the WORK be deemed to have been executed until all scaffolding, surplus materials andrubbish is cleared off the SITE completely. The WORK will not be considered as complete and taken over bythe ENGINEER-IN-CHARGE, until all the TEMPORARY WORK, labour and staff colonies etc. Constructedare removed and worksite cleared to the satisfaction of the ENGINEER-IN-CHARGE.

54.5 If the CONTRACTOR shall fail to comply with the requirements of this clause on or before the date fixed forthe completion of the WORK, the ENGINEER-IN-CHARGE may at the expense of the CONTRACTOR removesuch scaffolding, surplus materials and rubbish and dispose of the same as he thinks fit and clean off such dirt asaforesaid, and the CONTRACTOR shall forthwith pay the amount of all expenses so incurred and shall have noclaim in respect of any such scaffolding or surplus materials as aforesaid except for any sum actually realised bythe sale thereof.

55.0 FINAL DECISION AND FINAL CERTIFICATE:

55.1 Upon the expiration of the DEFECT LIABILITY PERIOD and subject to the ENGINEER-IN-CHARGE beingsatisfied that the WORK has been duly completed by the CONTRACTOR and performed all his obligationsunder the CONTRACT, the ENGINEER-IN-CHARGE shall (without prejudice to the rights of OWNER to

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retain the provisions of relevant clause thereof) otherwise give a certificate herein referred to as the FINALCERTIFICATE to that effect and the ‘CONTRACTOR shall be not considered to have fulfilled the whole ofhis obligations under the CONTRACT until FINAL ACCEPTANCE CERTIFICATE shall have been given bythe ENGINEER-IN-CHARGE notwithstanding any previous entry upon the WORK and taking possession,working or using of the same or any part thereof by the OWNER.

56.0 CERTIFICATE AND PAYMENTS NO EVIDENCE OF COMPLETION:

56.1 Except the FINAL CERTIFICATE no other certificates or payment against a certificate or on general accountshall be taken to be an admission by OWNER of the due performance of the CONTRACT or any part thereof orof occupancy or validity of any claim by the CONTRACTOR.

57.0 EVALUATION OF PERFORMANCE

57.1 Performance of the contract awarded if any shall be evaluated on half yearly basis or early on need basis as perapproved IGL Policy which is also available on IGL website.

58.0 CONTRACTOR SAFETY MANUAL

58.1 The contractor / vendor needs to ensure all the safety conditions as mentioned in the Contractor Safety manualwhich can be download from IGL website.

59.0 WHISTLE BLOWER POLICY

59.1 Indraprastha Gas Limited (IGL) has implemented whistle-blower policy as part of the vigil mechanism to complywith the regulatory requirements laid down by the Companies Act 2013 and Clause 49 of the SEBI’s ListingAgreement. With the implementation of vigil mechanism, the company provides a platform to its vendors andsuppliers to come forward and raise their genuine concerns without any fear of retaliation and victimisation.

The policy is designed to deal with concerns raised in relation to the specific issues which are not in the interestof the company. The company has appointed an independent third party service provider to manage theoperations of whistle-blower hotline.

Detailed Policy is available on IGL website, www.iglonline.net

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SPECIAL CONDITIONS OFCONTRACT (SCC) IGL/ND/C&P/EC15081


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SUPPLY OF


SECTION – IV

SPECIAL CONDITIONS OF CONTRACT (SCC)

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SPECIAL CONDITIONS OF THE CONTRACT (SCC)

The following Special Conditions of Contract shall supplement the General Conditions of Contract. Wheneverthere is a ambiguity, conflict and contradiction between SCC and GCC, the provisions herein shall prevail overthose in the General Conditions of the Contract. The corresponding clause number of the GCC is indicated inparentheses.

1.0 DEFINITIONS

Following clauses of GCC are modified as below:

1.1 GCC Clause 1.0

GCC 1.1 (m) The Purchaser is: Indraprastha Gas Limited, IGL Bhawan, 4, Community Centre, Sector – IX, R.K. Puram, New Delhi 110 022

GCC 1.1 ( c ) Consultant is: Tractebel Engineering Private Limited. Having its Head office at Intec House, 37,Institutional Area, Sector 44, Gurgaon 122002 , Haryana.

2.0 INSPECTIONS AND TESTS (GCC Clause 10.0)

In addition to GCC clause no.10, following is added,

Inspection and tests prior to shipment of Goods and at final acceptance shall be as specified in TechnicalSpecifications. However, without prejudice to the provisions of Technical specifications following shall holdgood:

2.1 The Purchaser or its representative shall have the right to inspect and/ or to test the material to confirm theirconformity to the specifications.

2.2 The inspections and tests may be conducted on the premises of the Seller or his subcontractor (s) at point ofDelivery and/or at the final destination. When conducted on the premises of the Seller or his subcontractor(s), allreasonable facilities and assistance including access to the production data shall be furnished to the Purchaser'srepresentatives at no charge to the Purchaser.

2.3 The Purchaser's right to inspect, test and where ever necessary reject the material after the material’s arrival inthe Purchaser’s country shall in no way be limited to or waived by reason of the material having previously beeninspected, tested and passed by the Purchaser or their representative prior to the material shipment from thecountry of origin.

2.4 The bidder shall appoint approved Third Party Inspection Agency for carrying out the inspection at bidder’sworks as per approved QAP & TPIA charges shall be borne by the bidder. Approved TPIA are CEIL/ LloydRegister/ DNV/ BV/ TUV/SGS. Successful bidder will propose three names from the list and owner will approvethe TPIA.

3.0 REGISTRATION OF THE CONTRACT WITH STATUTORY AUTHORITIES

3.1 Within 30 days of execution of the contract agreement, the contractor shall register themselves and the contractat their own cost with the Reserve Bank of India, Income Tax, Sales Tax and such other statutory authorities, asmay be required under the rules and regulations governing in India. The Contract price shall be deemed toinclude all costs towards the same. A copy of all documents related to all such registration shall be submitted toOwner for record.

4.0 PROJECT SCHEDULING AND MONITORING SYSTEM

4.1 General

The Contractor shall attend Management Level Review Meeting once in a month or as and when required withagenda of progress achieved and major hold-ups at Owner’s office. Monthly Review Meeting will be held atOWNER’S OR CONTRACTOR’S office with agenda of progress and holds in engineering, procurement andconstruction programme for next month.

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4.2 Expediting, Inspection and Testing

Contractor shall be responsible for all expediting and inspection. Copies of Contractor’s expediting andinspection reports shall be forwarded periodically to Owner for information. Contractor shall ensure theOwner’s right of inspection in contractor’s shop during the manufacturing or fabrication of equipment and othercomponents. Contractor shall inform Owner promptly of any problems encountered in regards to quality ordelivery and of steps taken by the Contractor to overcome such problems. Contractor shall furnish schedule ofdates for factory tests of all supply items enabling Owner or its authorised representative to witness the tests.

Immediately after award of work, Contractor shall submit the QAP, Inspection and Test plan, in line withcontract requirement, for approval Owner will bear expenses of their representative for visiting any inspectionand expediting.

4.3 In no eventuality, any deviation from the above specified mode of inspection will be acceptable and theequipment(s) shall be tested as a package for their faithful performance at the shop floor as per the orderedparameter and in no circumstances shall be allowed to be tested in pieces or stages or at places during the factoryinspection by third party Inspection Agency/the Owner.

4.4 Despatch of Supply: In no case the material shall be despatched from the supplier’s premises unless theinspection done by the third party on behalf of the owner is duly accepted and acknowledged by the Owner anddue “despatch clearance” is issued by the Owner. Owner reserves the right to reject the material if it is not foundto be complying to Guaranteed parameters and other technical specifications of the contract.

5.0 RECORDS OF CONTRACT DOCUMENTS

5.1 The Contractor shall keep on each site at least one copy of each and every drawings, specifications and ContractDocument in excess of his own requirement and those copies shall be available at all times for use by theOwner’s Representative and by any other person authorised by the Owner’s representative.

6.0 INTELLECTUAL PROPERTY – SECRECY

6.1 Neither the Owner nor the Contractor nor their personnel, agents not any sub-contractor shall divulge to any one(other than persons designated by the party disclosing the information) any information designated in writing asconfidential and obtained from the disclosing party during the course of execution of the works so long as and tothe extent that the information has not become part of the public domain. This obligation does not apply toinformation furnished or made known to the recipient of the information without restriction as to its use by thirdparties or which was in recipient’s possession at the time of disclosure by the disclosing party. Upon completionof the works or in the event of termination pursuant to the provisions of the Contract, Contractor shallimmediately return to the Owner all drawings, plans, specifications and other documents supplied to thecontractor by or on behalf of the Owner or prepared by the Contractor solely for the purpose of the performanceof the works, including all copies made thereof by the Contractor.

7.0 STATUTORY APPROVALS

7.1 The approval from any authority required as per statutory rules and regulations of Central/State Government shallbe the Contractor’s responsibility unless otherwise specified in the bid document. The application on behalf ofthe Owner for submission to relevant authorities alongwith copies of required certificates complete in all respectsshall be prepared and submitted by the Contractor well ahead of time so that the actualconstruction/commissioning of the work is not delayed for want of the approval/inspection by concernedauthorities. The inspection of the works by the authorities shall be arranged by the Contractor and necessary co-ordination and liaison work in this respect shall be the responsibility of the Contractor. However statutory feespaid, if any, for all inspections and approvals by such authorities shall be reimbursed at actual by the Owner tothe Contractors on production of documentary evidence.

7.2 Any change/addition required to be made to meet the requirements of the statutory authorities shall be carriedout by the Contractor free of charge. The inspection and acceptance of the work by statutory authorities shallhowever, not absolve the Contractor from any of his responsibilities under this Contract.

8.0 CONSTRUCTION WATER AND POWER SUPPLY

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8.1 No water and power will be provided by the Owner during installation of package. It shall be the responsibilityof the Contractor to arrange water and power at his own cost during this phase.

9.0 LABOUR LICENCE

9.1 Before starting of work, Contractor shall obtain a license from concerned authorities under the Contract Labour(Abolition and Regulation) Act 1970 and amendment thereof, if any, and furnish copy of the same to Owner.

10.0 PROVIDENT FUND

10.1 The Contractor shall strictly comply with the provisions of Employees Provident Fund Act and registerthemselves with RPFC before commencing work. The Contractor shall deposit Employees and Employerscontributions to the RPFC every month. The contractor shall furnish along with each running bill, thechallan/receipt for the payment made to the RPFC for the preceding months.

10.2 In case the RPFC’s challan/ receipt, as above, is not furnished, Owner shall deduct 16 (Sixteen) % of the payableamount from Contractor’s running bill and retain the same as a deposit. Such retained amounts shall berefunded to contractor on production of RPFC challan/receipt for the period covered by the related running bill.

11.0 CO-ORDINATION WITH OTHER AGENCIES

11.1 The Contractor’s responsibility covers the co-ordination of all the works involved and the expenses of sitemobilization and demobilization including clearing activities. The quoted rates for various items are deemed tohave appropriately catered for these and no separate claim whatsoever is admissible.

11.2 Work shall be carried out in such a manner that the work of other agencies operating at the site is not hampereddue to any action/inaction of the contractor. Proper co-ordination with other agencies shall be Contractor’sresponsibility.

12.0 INCOME TAX

12.1 Income Tax along with surcharge of Income Tax as applicable at the prevailing rate on the gross amount billedshall be deducted from the Contractor’s bills as per applicable laws in India and Tax Deduction at Source (TDS)certificate shall be issued.

12.2 Any reduction in Taxes and duties at the time of supply shall be passed on to Owner. However, any increase inrate of taxes and duties and imposition of any new levy/ tax at the time of supply after contractual completionperiod shall be borne by Contractor.

13.0 ADVANCE

13.1 No advance shall be paid under the contract.

14.0 TERMS OF PAYMENTS

14.1 Payment towards Supply

14.1.1 FOREIGN BIDDER

Through Letter of Credit

i) 80%( Eighty Percent) Payment shall be released against dispatch/ shipping documents (Clean bill ofLading), manufacturer’s test certificates, invoice, packing list, insurance policy, certificate of origin,guarantee/warranty certificate, inspection release note & dispatch clearance issued by the Owner.

ii) 10% (Ten Percent) Payment shall be released after successful completion of installation, Testing andCommissioning of each compressor package at the site and Acceptance thereof by the OWNER.

iii) Balance 10% (Ten Percent) shall be released after successful Performance acceptance Test and acceptance byowner for each compressor package.

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In case Installation, Testing & Commissioning and Performance Acceptance Test could not be executed within120 days from the date of receipt of compressors at site/ store due to reasons attributable to Purchaser, the 20%payment shall be released against submission of BG valid till the Guarantee / Warranty period. BG will bereleased within 90 days from the date of completion of Guarantee / Warranty period.

iv) The letter of credit shall be opened on receipt of unconditional acceptance of order and on submission of CPBGas specified in the bid document subject to satisfaction of IGL.

v) All bank charges outside India towards advising negotiation/cable charges , letter of credit charges and any othercharges will be borne by the supplier. All bank charges in India however, will be borne by IGL.

vi) Payment of Indian Agent Commission: The Indian Agent’s commission shall be paid directly by OWNER innon-convertible Indian Rupees at the exchange rate, as on the date, the dispatch/ shipping documents arenegotiated. This payment shall be released in two parts. 50 % of the payment shall be released on the submissionof bills for agency commission on receipt of goods at IGL site/store within 7 working days. Balance 50 % shall bepaid within 7 working days after successful completion of testing, commissioning and performance Acceptancetest by the contractor.

In case Testing, Commissioning and Performance Acceptance Test could not be executed for 120 days from thedate of delivery of material balance 50% of the Indian Agent Commission shall be released.

14.1.2 INDIAN BIDDER

Through Direct payment within 30 days from the date of receipt of Invoice.

i) 80% (Eighty Percent) Payment shall be released against dispatch documents, manufacturer’s certificates,invoice, packing list, insurance policy, guarantee/warranty certificate inspection release note & dispatch clearanceissued by the Owner.

ii) 10% (Ten Percent) Payment shall be released after successful completion of installation, Testing andCommissioning of each compressor package at the site and Acceptance thereof by the OWNER.

iii) Balance 10% (Ten Percent) shall be released after successful Performance acceptance Test and acceptance byowner for each compressor package.

In case Installation, Testing & Commissioning and Performance Acceptance Test could not be executed within120 days from the date of receipt of compressors at site/ store due to reasons attributable to Purchaser, the 20%payment shall be released against submission of BG valid till the Guarantee / Warranty period. BG will bereleased within 90 days from the date of completion of Guarantee / Warranty period

14.2 Payment towards Port Clearances, Inland Transportation, Handling etc.

100% payment towards stevedoring, port and custom clearances, forwarding, inland transportation includinginsurance, loading / unloading and handling charges upto IGL site / stores shall be payable after receipt ofmaterial at IGL site / store. Payment will be released within 30 days from the date of receipt of Invoice.

14.3 Payment against Installation, Testing & Commissioning:

100% payment towards Testing & Commissioning shall be payable within 7 working days (seven working days)after submission of invoice duly certified by the Engineer-In-Charge.

14.4 Payment against Performance Acceptance Test:

100% payment towards Field Performance Test shall be payable within 7 working days (seven working days)after submission of invoice duly certified by the Engineer-In-Charge.

14.5 Payment against Operation & Comprehensive Maintenance:

14.5.1 On pro-rata monthly basis, against monthly invoices duly certified by Engineer-in-Charge within 10 (ten)working days from the date of submission of bills to the OWNER.

15.0 DELIVERY AND DOCUMENTS

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15.1 Upon delivery of the Goods to the transporters/carriers, the Supplier shall notify the Purchaser/ Consultantthrough fax/mail the documents specified in clause 16 below. The bidder will also indicate likely date of arrivalto the Purchaser/ Consultant.

15.2 The above documents shall be received by the Purchaser before arrival of the Goods and, if not received, theSupplier will be responsible for any consequent expenses.

15.3 The Bidder to ensure that Purchase order and Letter or Credit No (if applicable) must be appearing in LR/ GR/Bill of Lading/ Airway bill no., Invoices and Packing List. Bidders to also ensure that description of goods in allthe despatch documents should be exactly same as per the Purchase Order.

16.0 SHIPMENT

16.1 The Bidder shall make shipment only after obtaining despatch clearance from Purchaser. For getting despatchclearance, bidder has to submit inspection release note issued by Third Party Inspection agency/ Purchaser’sauthorized representative to the Purchaser (VP – C & P).

17.0 OPERATION & MAINTENANCE (O&M) REQUIREMENT

17.1 Sub-contracting of Operation & Maintenance Activities

Sub-contracting of Operation & Maintenance activities are allowed subject to approval from IGL. For obtainingapproval, PTR of proposed agency will be submitted by supplier to IGL.

17.2 Compliance of Laws

The contractor deploying 20 (twenty) or more workmen as contract labour shall have to obtain license fromappropriate licensing authority, if required.

The contractor (which shall include the Contracting firm / company) shall be solely liable to obtain and to abideby all necessary licenses from the concerned authorities as provided under the various labour laws legislation’sincluding labour license from the competent authority under the Contract Labour (“Regulation & Abolition”) Act1970 and Acts made thereafter.

The Contractor shall be responsible for necessary contributions towards PF, Family Pension, ESIC or any otherstatutory payments to Government Agencies as applicable under the laws in respect of the contract and personneldeployed by the contractor for rendering services to OWNER and shall deposit the required amount with theconcerned statutory authorities on or before due dates. The contractor shall obtain a separate PF number from theconcerned Regional Provident Fund Commissioner and submit necessary proof of having deposited the employeesas well as the employer’s contribution to the Provident Fund.

The contractor shall not engage /deploy any person of less than 18 years under this contract and the persons to bedeployed should be physically and mentally fit.

The installations where job is to be carried out are live and have hydrocarbon environment. Contractor shallcomply with all safety and security rules and regulations and other rules laid down by OWNER. It shall be theduty/responsibility of the contractor to ensure the compliance of fire, safety, security and other operational rulesand regulations by his personnel. Disregard to these rules by the contractor’s personnel will lead to thetermination of the contract in all respects and shall face penal/legal consequences.

The contractor shall arrange for insurance of all this workers engaged on the job as per the relevant Acts, rulesand regulations, etc. In case by virtue of provisions of worker’s compensation Act, 1923 or any other law inforce. OWNER has to pay compensation for a workman employed by the contractor due to any cause whatsoeverthe amount so paid shall be recovered from the dues payable to the contractor and /or security deposit.

17.3 The Engineer- In- Charge Shall Have Power To

i) Issue the contractor from time to time during the running of the contract such further instructions as shall benecessary for the purpose of proper and adequate execution of the contract and the contractor shall carry out andbound by the same.

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ii) During the concurrency of this contract, OWNER can increase and/or decrease the number of the services /technicians to meet contractual requirements.

iii) Order the contractor to remove or replace any workman whom the Owner considers incompetent or unsuitableand opinion of the Owner representative as to the competence of any workman engaged by the contractor shall befinal and binding on the contractor.

17.4 Repatriation And Termination

OWNER shall reserves the right at any time during the concurrency of the contract, to terminate it by giving 30days notice to contractor, and upon expiry of such notice period the contractor shall vacate the IGL site/officeoccupied by him immediately.

17.5 Indemnity

Contractor shall exclusively be liable for non-compliance of the provision of any act, laws, rules and regulationshaving bearing over engagement of workers directly or indirectly for execution of work and the contractor herebyundertake 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 orstatutes not herein specifically mentioned but having direct or indirect application for the persons engaged underthis contract. (A certificate to this effect shall be submitted by the contractor immediately on receipt of LOA).

17.6 Loading

Loading on quoted prices shall be done as per tender Volume II of II.

17.7 Contractor’s Responsibility

The contractor shall depute his Supervisor for supervision of the services to receive instructions from Engineer-in-Charge or his representative.

17.8 Employment Liability Of Contractor

The contractor shall indemnify OWNER & shall be solely and exclusively responsible for any liability arisingdue to any difference or dispute between him and his employer for the execution of this contract at any timeduring/after the contract period is over. All workmen engaged by the contractor shall be on his roll and be paidby him and OWNER shall have no responsibility towards them.

The contractor shall ensure and will be solely responsible for payment of wages and other dues latest by 7th ofthe following month to the personnel deployed by him in the presence of the Owner’s representative.

The contractor shall be directly responsible and indemnify the Owner against all charges, claims, dues etc.arising out of disputes relating to the dues and employment of personnel deployed by him.

The contractor shall indemnify the Owner against all losses or damages caused to it on account of acts of thepersonnel deployed by the contractor. The contractor shall ensure regular and effective supervision of thepersonnel deployed by him.

The contractor shall be liable for making good all damages/losses arising out of loss or theft of each handled,leakage, pilferage of any office, furniture equipment fitting and fixtures what-so-ever as may be caused directly orindirectly by the engaged persons through him/work carried out by them.

During the concurrency of the job, if the work progress does not commensurate with the time elapsed in respectof any person/persons engaged by the contractor; the contractor shall be liable to pay the compensation to theOwner as may be considered reasonable by the Owner.

18.0 SPECIAL NOTES

18.1 Warranty Period

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Warranty period shall be 12 months from the date of acceptance of performance acceptance test or completion of20 days of commercial operation or 18 months from the date of delivery of last package of particular lot at IGLsite / store, whichever is earlier.

18.2 Operation And Comprehensive Maintenance Period

Bidder shall provide operation & comprehensive maintenance during warranty period. Warranty period shall be asdefined above in SCC. Further bidder shall provide operation & comprehensive maintenance for 2 years from thedate of end of warranty. However maximum duration of contract for operation and comprehensive maintenanceduring warranty and post warranty period shall be limited to 42 months from the date of receipt of last compressorpackage at IGL store / site of that particular lot.

In case a compressor package is commissioned after six months from the receipt of last package of that lot for anyreason attributable to Purchaser, the operation & comprehensive maintenance rates for that particular period(year) will be applicable. First year rates of AMC will be valid for one year from the date of expiry of warrantyand second year rates of AMC will be valid for one year after 12 months from the date of expiry of warranty. Thetotal validity of AMC shall however be limited to 42 months from the date of receipt of last compressor packageof that lot.

18.3 Delivery Terms And Schedule

As defined in IFB

18.4 Contract Cum Equipment Performance Bank Guarantee

Within twenty one (21) Days of receipt of the FOI/ Notification of Award, the successful bidder shall furnish tothe Purchaser the Contract-Cum-Equipment Performance Bank Guarantee (CPBG).

First lot for Supply, installation& commissioning and Performance acceptance test:- equivalent to 10% oftotal order value inclusive of all taxes, duties and charges towards supply, stevedoring, port and customsclearances, forwarding, inland/unloading and handling upto IGL site/store .

For subsequent lots, the bidder will submit CPBG for 10% of the value as defined above within 21 days ofplacement/confirmation of each lot as defined in delivery schedule.

For Operation and Comprehensive Maintenance Services: equivalent to 10% of total order value foroperation and comprehensive maintenance of the lot inclusive of all taxes, duties and charges on yearly basis.Bidder will submit the CPBG within 21 days once these services for the first compressor package of the lot willstart.

18.5 If the material supplied by contractor does not meet the guaranteed parameters and other requirement as pertechnical specification of contract consistently during operation at site, IGL will revoke the Contract CumEquipment Bank Guarantee at its sole discretion.

19.0 PRICE REDUCTION SCHEDULE

19.1 In case the CONTRACTOR fails to complete its contractual obligation within the Contractual Completionperiod, then, unless such failure is due to Force Majeure as defined here above or due to OWNER's defaults, theCONTRACTOR shall pay to the OWNER, by way of Price Reduction Schedule (PRS) a sum,

Supply portion: @ ½ % (Half Per Cent) per week of delay or part thereof of the value of the supply of each lot.Installation, Testing and Commissioning and Performance acceptance Test: @½ % (Half Per Cent) per week ofdelay or part thereof the value of work as per SOR.

Maximum PRS will be 5% of value of each lot inclusive of Supply, Installation, Testing and Commissioning andPerformance Acceptance Test.

The contract value to be considered for application of PRS shall be inclusive of all taxes and duties.Also, a grace period of 15 days shall be provided in lieu of drawing approvals. PMC/ Owner to approve thedrawings in 15 days from date of submission. Any delay beyond 15 days will be added to delivery period of thesuccessful bidder.

20.0 REASONABILITY OF RATES

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Since the tender is for long term requirement requiring the successful bidder to operate and maintain thesupplied equipment comprehensively over a period of 42 months receipt of equipment at site, bidder is advised toquote reasonable rates for all the line item which are workable and sustainable for execution of the contract.Following points must be considered while submitting the offer,

20.1.1 The requirement under operations is to deploy one skilled person in all the three shifts throughout the year. Themonthly rate should be such that apart from fulfilling minimum wages it includes cost of relievers, fulfilment ofstatutory compliances and administrative cost for effective managing and reporting system and meet all thecontractual obligation as defined in the bid document.

20.1.2 The rates for all the three years starting from the first year should be such that it takes care of revision inminimum wages and other components as per the prevailing legal provisions of the land by incorporating suitableyear on year increase.

20.1.3 Similarly cost of comprehensive maintenance should also be quoted keeping in view both the factors i.e.manpower requirement for maintenance system and spares required for comprehensive maintenance as pertender.

20.1.4 Bidders must note that the rates finalized for third year of operations and comprehensive maintenance will formthe basis for finalizing the rates for these activities beyond the contractual period, if IGL so desires. Whilearriving the new rates the factors like inflation rate, revision in minimum wages and variation in foreignexchange rate (if applicable) etc. will only be considered.

20.1.5 Bidders to ensure that total price quoted for Operation & Maintenance services for each year, including duringwarranty period, shall not be less than 20% (Twenty Percent) of the total price of Supply, Erection andCommissioning prices exclusive of taxes & duties.

21.0 CORRESPONDING ADDRESS

21.1 Purchaser:

A. VP (C&P) Indraprastha Gas Limited, IGL Bhawan, 4, Community Centre, Sector – IX, R. K. Puram, New Delhi 110 022

Telephone : +91 (011) 46074666Fax no. : +91 (011) 26171863Email : [email protected]

B. Chief Financial OfficerIndraprastha Gas Limited,IGL Bhawan, 4, Community Centre,Sector – IX, R. K. Puram,New Delhi 110 022

Telephone : +91 (011) 26171674 Fax no. : +91 (011) 26171863

21.2 Consultant:

THE PROJECT MANAGER,Tractebel Engineering Pvt. Ltd.Intec House, 37 Institutional Area, Sector 44Gurgaon- 122 002,HaryanaTelephone : +91 (0124) 469 8500Fax no. : +91 (0124) 469 8585

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Email : [email protected] / [email protected]

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FORMS & FORMATS IGL/ND/C&P/EC15081


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SUPPLY OF


SECTION – V

FORMS & FORMATS

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Form F-1BIDDER’S GENERAL INFORMATION

(Information must be provided in the bidder’s letter head)

To

M/S INDRAPRASTHA GAS LIMITED, NEW DELHI

1-1 Bidder Name:

1-2 Number of Years in Operation: ___________________________________________

1-3 Address of Registered Office:

City District

State PIN/ZIP

1-4 Operation Addressif different from above:

City District

State PIN/ZIP

1-5 Telephone Number:

(Country Code) (Area Code) (Telephone Number)

1-6 Mobile Number, if any

1-7 E-mail address:

1-8 Website:

1-9 Fax Number:

(Country Code) (Area Code) (Telephone Number)

1-10 ISO Certification, if any {If yes, please furnish details}

1-11 Bid Currency

1-12 Port of shipment

1-13 Whether Supplier / Manufacture/Dealer/Trader/Service provider

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1-14 Type of Material Supplies :

1-15 Nature of firm : Partnership firm/Prop firm / LLP/Private limited /Public ltd/Others

1-16 If others please specify

1-17. Details of Directors/ Proprietors/ Partners

(Kindly attach separate sheets giving details for name of directors / proprietors and their stakes) along with thesupporting documents.

1-18 Banker s Name :

1-19 Branch :

1-20 Branch Code :

1-21 Bank account number :

ONLY FOR INDIAN BIDDERS

1-22 Excise Registration number : Not Applicable

1-23 Excise Range : Not Applicable

1-24 Excise Division : Not Applicable

1-25 Excise Collectorate : Not Applicable

1-26 Local ST No. : Not Applicable

1-27 CST No. : Not Applicable _

1-28 PAN No. :

1-29 TIN No.:

1-30 Whether SSI Registrant Or not :

1-31 GSTN Registration no:

(SIGNATURE OF BIDDER WITHSEAL)

Note:

1. Bidders have to submit the supporting document confirming the above registrations (S.NO. 15 to 31) asattachment.

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Form F-2BID BOND PROFORMA / PROFORMA FOR EMD

Bank Guarantee No.:

Date:

ToM/S INDRAPRASTHA GAS LIMITED,NEW DELHI.

TENDER NO. _____________________________________ FOR CARRYING OUT ______________________

WHEREAS………………………………... (HEREINAFTER CALLED ‘THE Bidder’ has submitted his Biddated…………….. for carrying out of ………………………………… (Herein after called ‘The Bid’) KNOW ALLMEN by these presents that WE ……………………………………. (hereinafter called ‘The Bank’) are bound untoINDRAPRASTHA GAS LIMITED, IGL Bhawan, 4, Community Centre, Sector – IX, R. K. Puram, New Delhi 110022 (herein after called ‘IGL’) in the sum of …………………………….. for which payment well and truly made toIGL, the BANK binds itself its successor and assigns by these presents. Sealed with the Common Seal of the saidBANK this ……….. day of …………2018

THE CONDITIONS of this obligation are:

1. If the Bidder withdraws his Bid during the period of Bid validity specified by the Bidder on the Bid Form; or

2. If the Bidder, having been notified of the acceptance of his bid by IGL during the period of bid validity

a) Fails or refuses to execute the Contract Form, if required: orb) Fails or refuses to furnish the PERFORMANCE SECURITY in accordance with the Instructions to the Bidder.

We undertake to pay IGL upto the above amount upon receipt of its first written demand, without IGL having tosubstantiate its demand, provided that in its demand IGL will note the amount claimed by it is due to it owing to theoccurrence of one or both of the two conditions specifying the occurred condition or conditions.

The Guarantee will remain in force upto …………..( Bid validity + 60 days) and any demand in respect thereof shouldreach the BANK not later than the above date.

(Signature of the BANK)(Signature of the Witness)Name & address of Witness:Date:

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Form F – 3 AANNUAL TURNOVER

Bidder must fill in this form

Annual Turnover data for the last 3 years:For Indian Bidder:

Year Amount

(in INR)

Year 1: 2016-17

Year 2: 2015-16

Year 3: 2014-15

1. The information supplied should be the Annual Turnover of the bidder2. A brief note should be appended describing thereby details of turnover as per audited results.

SEAL AND SIGNATURE OF THE BIDDER

For Foreign Bidder:

Year Amount

(USD/ Euro)

Year 1: 2017

Year 2: 2016

Year 3: 2015

1. The information supplied should be the Annual Turnover of the bidder2. A brief note should be appended describing thereby details of turnover as per audited results.

SEAL AND SIGNATURE OF THE BIDDER

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Form F – 3 BFINANCIAL STATUS

Bidder must fill this form

FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR

Description For the year of 2016-17( For Indian Bidder)

For the year of 2017 ( For Foreign Bidder)

Amount

(in INR)

Amount

(in USD/ Euro)

1. Current assets

2. Current Liabilities (including secured and un-secured

short term loans & working capital loans)

3. Working Capital (Current Assets-Current liabilities)

4. Net Worth

Owners funds (Paid up share capital and Free Reserves

& Surplus) (NW)

1. 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.

All such documents reflect the financial situation of the bidder

Historic financial statements must be audited by a certified accountant.

Historic financial statements must be complete, including all notes to the financial statements.

Historic financial statements must correspond to accounting periods already completed and audited (no statement

for partial periods shall be requested or accepted)

SEAL AND SIGNATURE OF BIDDER

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Form F-4 ACHECK LIST FOR AGREED TERMS AND CONDITIONS

For Indian Bidders

S.No. DESCRIPTION BIDDER’S CONFIRMATION

1. Price Basis FOT-Site (IGL’s Store)2. Firm & Fixed Prices Accepted3. Supply as per scope defined in the Tender documents Included4. All Taxes, duties, levies, etc. included in price Included5. Packing & Forwarding is Included in unit price Included6. Delivery period (As per Tender document) Accepted7. Guarantee/ Warranty Clause Accepted8. Price Reduction Schedule as per Tender document Accepted9. Term of Payments (As per Tender document) Accepted10. Contract-Cum-Equipment Performance Bank Guarantee to

be submitted as per tender documentAccepted

11. Firm Price (during the entire duration of contact) Accepted12. Validity of bid & bid security Accepted13. Bid Security (EMD)

Details of EMD: DD/ BG No. ________________Dated___________For Rs. ____________Bank Name:

Submitted

14. Bid Document fee (If not submitted earlier)DD No. & date: ________________Bank Name : ___________Amount Rs. ____________

Submitted

15. Price Quoted as per SOR. Yes16. Deviation / exception Form 5 Yes17. Defect Liability Period/ Warranty Accepted18. GST @ ..…….% Included19. General & Special Conditions of Contract & Technical

terms and conditions of the TenderAccepted

20. Splitting of qty. among bidders Accepted

Name of the Bidder : M/s

Signature :

Name :

Designation :

Date seal:

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Form F-4 BCHECK LIST FOR AGREED TERMS AND CONDITIONS

For Foreign Bidders

S.No. DESCRIPTION BIDDER’S CONFIRMATION

1. Price Basis CIF –New Delhi, India (Dry Port)2. Firm & Fixed Prices Accepted3. Supply as per scope defined in the Tender documents Included4. Sea worthy Packing Included5. Delivery period (As per Tender document) Accepted6. Guarantee/ Warranty Clause Accepted7. Price Reduction Schedule as per Tender document Accepted8. Term of Payments ( As per Tender document) Accepted9. Contract-Cum-Equipment Performance Bank Guarantee to be

submitted as per tender documentAccepted

10. Firm Price (during the entire duration of contact) Accepted11. Validity of bid & bid security Accepted12. Bid Security (EMD)

Details of EMD: DD/ BG No. ________________Dated___________For USD/ Euro ____________Bank Name:

Submitted

13. Bid Document fee (If not submitted earlier)DD No. & date: ________________Bank Name : ___________Amount USD/ Euro ____________

Submitted

14. Price Quoted as per SOR Yes15. Deviation / exception Form 5 Yes16. Defect Liability Period/ Warranty Accepted17. General & Special Conditions of Contract & Technical terms

and conditions of the TenderAccepted

18. Splitting of qty. among bidders Accepted19. Confirmation that Indian Agent Commission is indicated in

Price ScheduleYes

20. IAC - Indian Agent Commission @__ % included in FOB Price Indicated in SOR21. Mode of Transport considered

Name of the Bidder : M/s

Signature :

Name :

Designation :

Date Seal:

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Form F-5DEVIATION FORM (On Bidder’s letter head)

M/S INDRAPRASTHA GAS LIMITED,NEW DELHI.

Notes

1) BIDDER may give here a consolidated list of deviations / clarifications / comments for all sections of the biddocuments which for an appropriate offer are considered unavoidable by him.

2) Deviations / clarifications mentioned elsewhere in the offer shall not be binding on the IGL and any suchdeviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to berejected.

3) BIDDER shall state the reason for the deviations in the remark column.

4) Only the deviations listed herein, in conjunction with the original Tender shall constitute the contract documentfor the award of the job to the BIDDER.

5) Any clarification raised by the Purchaser/ Consultant should be resolved within 10 days failing which the bid isliable for rejection.

Sec No./Cls. No.

PageNo.

Requirements asper tender

Deviation byBidder

Clarification/Comments by Bidder

Remarks

1)

2)

3)

4)

5)

6)

The bidder confirms that all clauses of the tender document, which are not listed above are fully complied by the bidder.

(Signature of the bidder)

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Form - 6 CERTIFICATE OF NON INVOLVEMENT OF AGENT (For Foreign Bidder)

To,


Dear Sir,

This is to certify that we have not engaged / involved any Agent /Consultant/Retainer/Associate who is not an employeeof _____________________ (name of your company) for payment of any remuneration thereof in India or abroad.Therefore, no Agent’s / Representative’s / consultant’s commission is payable in India or abroad against this Contract.

(Signature of the bidder)This certificate should be issued in the Letter Head of the Bidder.

This certificate to be issued only if there is no Agent /Consultant/Retainer/Associate is involved.

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Form - 7PROFORMA FOR DETAILS OF INDIAN AGENT (For Foreign Bidders)

To,


Dear Sir,

Following are the details of Indian agent/ consultant/representative

S. No. Description Bidder’s response

1. Name & address of agent / consultant /representative in India.

2. The precise relationship between the bidder andtheir agent/consultant/representative in India.

3.The mutual interest which the bidder and Agent /Consultant / Representative in India have in theBusiness of each other.

4.

Any payment which the Agent / Consultant /Representative in India or abroad from the bidderwhether as a commission for the contract or as ageneral retainer fee to be indicated in percentage.

5. Permanent Income Tax Account number of Agent/ Consultant / Representative in India.

6. All services to be rendered by the Agent /Consultant / Representative

(Signature of the bidder)

Note: Aforementioned information to be supported by necessary documents

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Form F-8

DECLARATION ON TENDER DOCUMENT PURCHASED / DOWNLOADED (on Bidder’s letter head)

No. Date:

Indraprastha Gas Limited,IGL Bhavan, 4 Community Centre,Sector – IX, R.K.Puram,New Delhi – 110022

Sub:- Bid Document no. IGL/ND/C&P/EC15081 for Supply of Gas Engine Driven Reciprocating CNGCompressor in NCT of Delhi, NCR & Haryana (Volume I & II), Corrigendum & Reply to bidder’squeries etc.

Sir,

We hereby confirm that we have read each page of the subject tender document along with Corrigendum & Reply tobidder’s queries thoroughly and understood the complete Scope of Work, Specification and other terms & conditions oftender document. In case of any contradiction/discrepancy between typed tender document content submitted by bidderand tender document, tender document will prevail.

We hereby also confirm that tender terms & conditions are acceptable to us and any deviation other than mentioned indeviation Form F-5 is not to be taken into account.

Yours faithfully,

SignatureName & DesignationFor and on behalf of

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Form F-9PROFORMA FOR LETTER OF AUTHORITY

No. Date:


Sub: Bidding Document for

Sir,

We ______________________________________________________ hereby authorise following representative (s) toattend the Un-priced Bid opening and Priced Bid opening against above Bidding Document:

1. Name & Designation _________________ Signature _____________

2. Name & Designation _________________ Signature _____________

We confirm that we shall be bound by all and whatsoever our representative(s) shall commit.

Yours faithfully,

SignatureName & DesignationFor 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 andhaving the power of attorney to bind the bidder.

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FORM F-10

DECLARATION (on Bidder’s letter head)


We confirm that we are not under any liquidation, court receivership or similar proceedings.

We also confirm that we have not been banned or delisted by any Indian Government organisation or its undertaking from quoting.


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Form F-11

Details of litigation (on Bidder’s letter head)

Bidder shall furnish details of litigation cases of the bidder during the last 5 years if any, in this Form.

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Form F- 12

(COVERING LETTER ON LETTER HEAD)

To, Date:

Subject: Certificate regarding………………………………….

Dear Sir,

We……………………………………………..(name of the Statutory Auditor/Chartered Accountant) are the StatutoryAuditor/Chartered Accountant of M/s……………………………………………………….(name of the bidder).

We hereby confirm that we have issued following certificate:

1.2.3.

Thanking You,

Place: (Signature)Date: Name of Authorised Signatory

Membership No.Encl.: As above

Note: Submission of this form is Mandatory for all the bidders.

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Form F- 13FORMAT FOR STATUTORY AUDITOR’S/ CHARTERED ACCOUNTANT

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:Year 2:Tear 3:

B. FINANCIAL DATA FOR LAST AUDITED FINANCIAL YEAR:

Description Year_________Amount (Currency)

1. Currency Assets2. Current liabilities3. 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 sharecapital and Free reserves & Surplus”

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Rev. 1 Supply of Gas Engine Driven CNG Compressor Package for CGD Project in NCT of Delhi,NCR, Rewari

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Form F-14

FORMAT FOR CERTIFICATE FROM STATUTORY AUDITOR FOR DETAILS OF SIMILAR GOODS/ WORK/ SERVICES SUPPLIED/ DONE DURINGPAST 5 YEARS

Sr.no.

Description of thegoods/works/services

LOA/PO/WO no.& date

Full proposal, address &phone nos. of clientName, designation &address ofengineer/officer-in-charge(for cases otherthan purchase)

Value ofContract/Order(SpecifyCurrencyamount)

Date ofCommencement ofwork/services or supplyof goods

Scheduledcompletiontime(months)deliveryschedule

Date ofactualcompletion/supply

Reasons fordelay inexecution, ifany

Project cost

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Place: [Sign. Of authorized signatory of bidder]Date:

Name:

Designation:

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Instructions:

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 beenclosed.

2. The supply/work/services completed earlier than 5 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 instructionsbelow.

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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Certificate from the Statutory Auditor regarding Supply of Goods/Works/Services

Based on its books of accounts and other published information authenticated by it, {this is to certify that LOA/PO/WOno. …………………………………….dated……………was awarded to ………………………………………..(nameof the bidder) by…………………………..(name of the client) to execute……………………………….((name of thesupply/work/service). The Supply/ works/services commenced on ……………………. (date) was/is likely to becompleted on…………………………..(date, if any). It is certified that the total value of contract/order executedby……………………………………….(name of bidder) was………………………………………………(specifycurrency & amount) and executed value was…………………………………(specify currency & amount).

Name of Audit Firm: [Signature of authorizedsignatory]Chartered Accountant:

Date: Name: Designation: Seal: Membership no.:

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Form F-15

FORMAT FOR SUPPLY RECORDS OF GAS ENGINE DRIVEN CNG COMPRESSOR PACKAGES (600SCMH) FOR MEETING BEC

Sr.no.

Purchase Order no. PurchaserName

OrderedQuantity

SuppliedQuantity

IRN no./ DCN/Taxable Invoice no.

Sr. No. ofpages

(1) (2) (3) (4) (5) (6) (7)

Bidder shall submit this form along with relevant document with proper numbering.

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Form F-16

FORMAT FOR BIDDER’S PRE BID QUERIES


Subject - Bid Document no. IGL/ND/C&P/EC15081 for Supply of Gas Engine Driven Reciprocating CNG Compressor in NCT of Delhi, NCR & Haryana

Sr.no.

Section / Tenderpage no.

Clause no. Subject Bidder’s Query

NOTE: The Pre-Bid Queries may be sent by e-mail, before pre-bid meeting due date, to IGL/TE


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SCHEDULE OF RATES IGL/ND/C&P/EC15081


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SUPPLY OF


SECTION - VI

SCHEDULE OF RATES (SOR)

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Tender no.IGL/ND/C&P/EC15081

Amount Amount Amount Amount Amount Amount

1 2 3 4 5 6 7

A SUPPLY

1.0

Design, Procurement, Manufacture, Inspection, Testing,Supply and Transportation of 600 SCMH capacity GasEngine Driven Reciprocating CNG compressor package asdefined in the Tender document.

Nos. INR 12

Sub-Total of Supply (A) -

Unit Currency Quantity

GST @

………%On Column 2

Total Charges inclusive oftaxes

(1)*(4)

1 3 5

2.0 Erection & Commissioning

2.1 Installation, Erection & Cmmissioning of Compressorpackages Nos. INR 12 -

2.2 Performance Acceptance Test Nos. INR 12 -

Sub-Total for Services (B)

C Operation and Comprehensive Maintenance

3.0 Operation of compressor package

SCHEDULE OF RATES (INDIAN BIDDERS)FOR

SUPPLY, INSTALLATION, TESTING , COMMISSIONING, OPERATION AND COMPREHENSIVE MAINTENANCE FOR600 SCMH GAS ENGINE DRIVEN COMPRESSOR PACKAGE

NAME OF BIDDER

Item Sr.No. Brief Description Unit Currency

Quantity

Basic Unit rateincludingPacking,

Forwarding andinspection

charges

GST @


Freight,Insurance &

Unloading etc.at IGL stores at

Delhi, UP &Haryana

GST @


Unit FOT IGL storesPrice inclusive of allapplicable taxes at

Delhi, UP & Haryana(2+3+4+5)

Total FOT IGL storesPrice inclusive of all

applicable taxes at Delhi,UP & Haryana

(1)* (6)

B SERVICESUnit Rate Unit Total charges inclusive of taxes

(2)+(3)

2 4

Supply of Gas Engine Driven CNG Compressor Package for CGD Project in NCT of Delhi, NCR, Rewari Page 1 of 2

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SCHEDULE OF RATES (INDIAN BIDDERS)FOR


3.1 Operation charges for 1st year i.e. during Warranty period (12 compressor x 12 months)

MachineMonths INR 144

3.2 Operation charges for 2nd year i.e. after Warranty period (12 compressor x 12 months)


3.3 Operation charges for 3rd year i.e. after completion of 2ndyear ( 12 compressor x 12 months)


4.0 Comprehensive Maintenance of compressor package

4.1 Comprehensive Maintenance charges for 1st year i.e.during Warranty period ( 12 compressor x 12 months)


4.2 Comprehensive Maintenance charges for 2nd year i.e. afterWarranty period ( 12 compressor x 12 months)


4.3 Comprehensive Maintenance charges for 3rd year i.e. aftercompletion of 2nd year ( 12 compressor x 12 months)


Sub-Total of Operation and ComprehensiveMaintenance (C) -

Grand Total ( A+B+C)Note:

1

2

3

4

5

6

7

Purchaser reserves the right to decrease/ increase the Scope of Work as per provision of Bid document before & after award of contract.Bidder must quote for complete scope as detailed in the bid document, bids submitted for part scope shall be considered as non-responsive and liable to be rejected.

Seal & Signature of Bidder

Scope of Work and other terms and conditions are strictly as per bid document.

Bidder to clearly indicate 'Quoted' / 'Not Quoted' against each SOR line item 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. Allcolumn of price schedule must be filled with required information as applicable.

Bidder must quote the price in Schedule of Rates format only. Bid submitted with changed format / description is liable to be rejected.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.Quoted rates are firm and fixed till complete execution of the entire order.


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Amount Amount Amount Amount Amount

1 2 3 4 5 6A SUPPLY

1.0

Design, Procurement, Manufacture, Inspection, Testing, Supply andTransportation of 600 SCMH capacity Gas Engine DrivenReciprocating CNG compressor package as defined in the Tenderdocument.

Nos. USD/ Euro 12 NA NA NA NA NA

Sub-Total of Supply (A)

Unit Currency Quantity

GST @


Unit Total chargesinclusive of taxes

(2)+(3)

Total Charges inclusive oftaxes

(1)*(4)

1 4 52 Services for Supply Portion

2.1Charges towards stevedoring, port and custom clearances, forwarding,inland transportation including insurance, loading/unloading andhandling charges upto IGL site/store at Delhi, UP & Haryana

Nos. USD/ Euro 12

3.0 Erection & Commissioning

3.1 Installation, Erection & Cmmissioning of Compressor packages Nos. USD/ Euro 12

3.2 Performance Acceptance Test Nos. USD/ Euro 12

Sub-Total for Services (B)

C Operation and Comprehensive Maintenance

4.0 Operation of compressor package

SCHEDULE OF RATES (FOREIGN BIDDERS)FOR


NAME OF BIDDER

Item Sr.No. Brief Description Unit Currency

Qty

Unit Rate- (FOB-port of export

Unit Rate – (CIF-Dry port New Delhi,

India)

Total Price – (FOB-port of export)

(1) * (2)

Total Price – (CIF-Dry port New Delhi,

India)

(1) * (3)

Indian Agent commission(In % of Unit price

Included in FOB Price)

B SERVICESUnit Rate

2


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SCHEDULE OF RATES (FOREIGN BIDDERS)FOR


4.1 Operation charges for 1st year i.e. during Warranty period ( 12compressor x 12 months)

MachineMonths USD/ Euro 144

4.2 Operation charges for 2nd year i.e. after Warranty period ( 12compressor x 12 months)


4.3 Operation charges for 3rd year i.e. after completion of 2nd year ( 12compressor x 12 months)


5.0 Comprehensive Maintenance of compressor package

5.1 Comprehensive Maintenance charges for 1st year i.e. duringWarranty period ( 12 compressor x 12 months)


5.2 Comprehensive Maintenance charges for 2nd year i.e. after Warrantyperiod ( 12 compressor x 12 months)


5.3 Comprehensive Maintenance charges for 3rd year i.e. aftercompletion of 2nd year ( 12 compressor x 12 months)


Sub-Total of Operation and Comprehensive Maintenance (C)

Grand Total ( A+B+C)Note:

1

2

3

4

5

6

7 Bidder must quote for complete scope as detailed in the bid document, bids submitted for part scope shall be considered as non-responsive and liable to be rejected.

Seal & Signature of Bidder

Scope of Work and other terms and conditions are strictly as per bid document.

Bidder to clearly indicate 'Quoted' / 'Not Quoted' against each SOR line item 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 priceschedule must be filled with required information as applicable.

Bidder must quote the price in Schedule of Rates format only. Bid submitted with changed format / description is liable to be rejected.

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.

Quoted rates are firm and fixed till complete execution of the entire order.

Purchaser reserves the right to decrease/ increase the Scope of Work as per provision of Bid document before & after award of contract.


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FORMS AFTER AWARD IGL/ND/C&P/EC15081


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SUPPLY OF


SECTION VII

OTHER FORMS APPLICABLE AFTER AWARD

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CONTRACT PERFORMANCE BANK GUARANTEE(To be stamped in accordance with Stamp Act)

Ref: Bank Guarantee No…………….

Date…………………………….

To

INDRAPRASTHA GAS LIMITED

OWNER ORDER NO………………………….DATED………..

Dear Sir,

In consideration of the INDRAPRASTHA GAS LIMITED, NEW DELHI (INDIA) (hereinafter referred toas the OWNER which expression shall unless repugnant to the context or meaning thereof include itssuccessors, administrators and assigns) having awarded the work of ……….. to…………………………..having its Principal Office at ………………………………… (hereinafterreferred to as “VENDOR(SELLER”/”CONTRACTOR)” which expression shall unless repugnant to thecontext or meaning thereof include their respective successors, administrators, executors and assigns) thesupply/execution by issue of OWNER’S Owner order No. ……………….. dated……………. And thesame having been accepted by the VENDOR(SELLER/CONTRACTOR) resulting into CONTRACTS forsupplies of materials equipments /execution of works/services as per above Owner Order having a totalvalue of …………. for the complete supply of materials/equipments/execution of works/services and theVENDOR(SELLER/CONTRACTOR) having agreed to provide a Contract performance andWarranty/Guarantee for the faithful performance of the aforementioned contract and warranty to qualityto OWNER.

We (Bank) ……………having its Head Office at ……………………………………………….(hereinafter referred to as the ‘Bank’ which expression shall unless repugnant to the context or meaningthereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertaketo pay the OWNER/OWNER, on demand any and all moneys payable by the seller/Contractor to theextent of ___% ( ___ percent) of the Contract price without any deviation and protest as aforesaid at anytime up to……………….and without reference to the VENDOR(SELLER/CONTRACTOR). Any suchdemand made by OWNER on the Bank shall be conclusive and binding notwithstanding any differencebetween OWNER and VENDOR(SELLER/CONTRACTOR) or any dispute pending before any Court,Tribunals, Arbitrator or any other Authority.

The Bank undertakes not to revoke this guarantee during its currency without previous consent ofOWNER and further agrees that the guarantee herein contained shall continue to be enforceable till theOWNER discharges the guarantee. OWNER shall have the fullest liberty without affecting in any way theliability of the BANK under this guarantee from time to time to extend the time for performance byVENDOR(SELLER/CONTRACTOR) of the aforementioned contract. OWNER shall have the fullestliberty, without affecting this guarantee, to postpone from time to time the exercise of any powers vestedin them or of any right which they might have against VENDOR(SELLER/CONTRACTOR) and toexercise the same at any time in any manner, and either to enforce to forebear to enforce any covenantscontained or implied, in the aforementioned Contracts between OWNER andVENDOR(SELLER/CONTRACTOR) or any other course of or remedy or security available to OWNER.The BANK shall not be released of its obligations under these presents by any exercise by OWNER of itsliability with reference to the matters aforesaid or any of them or by reason or any other acts of omissionor commission on the part of OWNER or any other indulgence shown by OWNER or by any other matteror thing whatsoever which under law would, but for this provisions, have the effect of relieving theBANK.

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The BANK also agrees that OWNER at its option shall be entitled to enforce this Guarantee against theBANK as a Principal Debtor, in the first instance without proceeding againstVENDOR(SELLER/CONTRACTOR) and notwithstanding any security or other guarantee that OWNERmay have in relation to the VENDOR’S(SELLER’S/CONTRACTOR’S) liabilities.

Notwithstanding anything contained herein above our liability under this Guarantee is restricted to ANDit shall be remain in force upto and including ……….. and shall be extended from time to time for suchperiod as may be desired by the VENDOR(SELLER/CONTRACTOR) on whose behalf this Guarantee hasbeen given.

Dated this the ________ day of_________2018______at______

1. The guarantee shall not be affected by any change in constitution of the bank or by absorption/mergerof bank with any other body or corporation.

2. The guarantee shall be in addition to and not in substitution for any other guarantees or security forthe supplier/Contractor given or to the owner in respect of said purchase order by the bank (whetheralone or jointly with others.

3. The bank hereby declares that ___________(Name of the person signing on behalf of bank)__________________is authorized to sign this guarantee /undertaking on behalf of the bank and tobind the bank thereby.

4. Any notice by way of request, demand or otherwise hereunder may be sent by post/courier to the bankaddress and duly verified by proof of delivery will be sufficient & shall be deemed as claim lodgingdate by owner.

5. This guarantee is operative at _______________in Delhi NCR (name and address of the branch)branch, ____________(Place).

6. Details of issuing and operating branches are as under:

Outstation Bank details Local Operating bank details.Postal AddressTelephone no / Fax NoContact personEmail ID

7. These present shall be governed by and construed in accordance to Indian law.

Notwithstanding anything contained herein above:-1. Our liability under this Bank Guarantee shall not exceed Rs. ------------- (amount in word).

2. This Bank Guarantee shall be valid up to ------------- (Contract period + Min period asdefined in contract/Tender(i.e. 90 days beyond contract/defect liability period whichever ishigher)).

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3. We are liable to pay the guaranteed amount or any part thereof under this Guarantee onlyand only if you serve upon written claim or demand on or before -------------.”(1 monthbeyond expiry date.)

WITNESS(Signature) (Signature Bank Signatory)

BankRubber Stamp(Name) (Name)(Official Address)

Designation with BankStamp plus Attorney asPer Power of Attorney

No…………………….Dated…………………

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At the helm of the Energy Transition, Tractebel provides a full range of engineering and consulting servicesthroughout the life cycle of its clients’ projects, including design and project management. As one of the world’slargest engineering consultancy companies and with more than 150 years of experience, it's our mission to activelyshape the world of tomorrow. With about 4,500 experts and offices in 33 countries, we are able to offer ourcustomers multidisciplinary solutions in energy, water and infrastructure.

TRACTEBEL ENGINEERING PVT. LTD.Intec House 37Institutional Area, Sector 44122 002 - Gurgaon - INDIAtractebel-engie.com

Manish CHANDRAtel. +91 124 471 2200fax +91 124 469 [email protected]