Gem 2023 B 3415909

TENDER DOCUMENT
FOR
HIRING OF CLOUD-BASED WEB
APPLICATION FIREWALL (WAF)
SERVICES FOR GAIL
TENDER REF. NO. GAIL/NOIDA/ C&P/BIS/22237
GEM BID NO. GEM/2023/B/3415909
OPEN DOMESTIC COMPETITIVE BIDDING

Contact Person:
 Mr. Sanjay Singh, Ch. Manager (C&P)

Ph.: 0120-2446400 (Extn. 11730), 2547855, Email: sanjay_singh@gail.co.in
 Mr. Adesh Singhal, GM (C&P)

Ph.: 0120-2446400 (Extn. 11727), 2547855, Email: adesh.singhal@gail.co.in
GAIL India Limited

Jubilee Tower, B-35 & 36, Sector-1,
Noida-201301 (UP)-INDIA
Ph.+91 (0) 120-2446400, 4862400
-- 1 --
HIRING OF CLOUD-BASED WEB APPLICATION FIREWALL (WAF) SERVICES FOR GAIL
TENDER REF. NO. GAIL/NOIDA/ C&P/BIS/22237 (GEM BID NO. GEM/2023/B/3415909)
SECTION-I
INVITATION FOR BID (IFB)
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SECTION-I
"INVITATION FOR BID (IFB)”
Ref No: GAIL/NOIDA/C&P/BIS/22237 Date: 17.05.2023
To,
ALL PROSPECTIVE BIDDERS AVAILABLE ON GEM PORTAL
SUB: TENDER DOCUMENT FOR HIRING OF HIRING OF CLOUD-BASED WEB

APPLICATION FIREWALL (WAF) SERVICES FOR GAIL
Dear Sir/Madam,
1.0 GAIL (India) Limited, New Delhi [having Registered Office at ‘GAIL Bhawan’, 16,
Bhikaiji Cama Place, R.K. Puram, New Delhi, India CIN L40200DL1984GOI018976]
the largest state-owned natural gas processing and distribution company) and a Maharatna,
invites bids from bidders for the subject Service job on Government e-Marketplace (GeM)
portal, in complete accordance with the following details and enclosed Tender Documents.
2.0 The brief details of the tender are as under:
BRIEF SCOPE OF SERVICE HIRING OF CLOUD-BASED WEB APPLICATION

(A)
/JOB FIREWALL (WAF) SERVICES FOR GAIL
This Document shall form integral part of Government e-
(B) TENDER NO. & DATE
Marketplace (GeM) Bid No. GEM/2023/B/3415909
TYPE OF BIDDING
(C) SINGLE STAGE TWO BID SYSTEM
SYSTEM
The service is for a period of 3 years from the date of
FOA/LOA/GeM Contract. Bidder to complete activation of
subscription license, successful on-boarding to cloud based
COMPLETION/CONTRACT
(D) WAF Platform, Migration, Configuration, Testing &
PERIOD
Implementation of solution within within 2 months from the
date of FOA/LOA/GeM Contract.
APPLICABLE 
NOT APPLICABLE
Rs. 9,93,497/- (Rupees Nine Lakhs Ninety-Three

BID SECURITY / EARNEST Thousand Four Hundred Ninety-Seven Only)
(E) MONEY DEPOSIT (EMD)
Refer clause no. 16.0 of ITB & BDS for details
Further, EMD exemptions shall be applicable as per ITB

clause no. 16 of buyer’s ATC/Tender.
EMD exemptions shall be applicable as per ITB clause no.

DECLARATION FOR BID
(E1) 16 of buyer’s ATC/Tender. However, they have to submit
SECURITY
declaration as per Format F-2A.
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Date & Time: 11:00 Hrs, 24.05.2023
Venue : To be held through virtual/online/video

conferencing mode using following MS Teams Link:-
Microsoft Teams meeting

Join on your computer, mobile app or room device
DATE, TIME & VENUE OF
(F)
PRE-BID MEETING Click here to join the meeting
Meeting ID: 498 160 921 601

Passcode: xnCt6w
Download Teams | Join on the web
Learn More | Meeting options
Name : Sanjay Singh

CONTACT DETAILS OF Designation: Ch. Manager (C&P)
(G) TENDER DEALING Phone No. & Extn : - 0120-2446400 (Extn : 11730)
OFFICER Direct No.: - 0120-2547855
e-mail : sanjay_singh@gail.co.in
GAIL (India) Limited
DEALING GAIL’S OFFICE
(H) Jubilee Tower, B-35 & 36, Sector-1,
ADDRESS Noida-201301 (UP)-INDIA
In case the days specified above happens to be a holiday in GAIL, the next working day shall
be implied w.r.t. bid opening (mentioned in GeM bid) and pre bid meeting, etc.
3.0 Bids must be submitted strictly in accordance with Clause No. 11 of ITB (Section-III). The IFB
is an integral and inseparable part of the Tender Document.
4.0 Bid must be submitted only on GeM Portal (https://gem.gov.in/). Further, The following
documents in addition to uploading in the bid on GeM Portal shall also be submitted in Original
(in physical form) within 7 (seven) days from the Bid Due Date provided the scanned copies of
the same have been uploaded in GeM Portal by the bidder along with e-bid within the Bid Due
Date & Time, to the address mentioned in Bidding Data Sheet (BDS) [Annexure-IV to Section-
III]:-
i) EMD/Bid Security (if applicable)/Declaration for Bid Security

ii) Power of Attorney
iii) Integrity Pact
iv) Line of Credit in Original from Bank (if applicable)
5.0 Bidder(s) are advised to submit their bid strictly as per terms and conditions of the Tender
Documents and not to stipulate any deviations/exceptions.
6.0 Any bidder, who meets the Bid Evaluation Criteria (BEC) and wishes to quote against this
Tender Document, may download the complete Tender Document along with its
amendment(s) if any from GeM Portal and submit their Bid complete in all respect as per
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terms & conditions of Tender Document on or before the Bid Due Date & Time of Bid
Submission.
7.0 Bid(s) received from bidders to whom tender/information regarding this Tender Document has
been issued as well as offers received from the bidder(s) by downloading Tender Document
from GeM Portal shall be taken into consideration for evaluation & award provided that the
Bid is found responsive subject to provisions contained in Clause No. 2 of ITB (Section-III).
The Tender Document calls for offers on single point “Sole Bidder” responsibility basis
(except where Consortium bid is allowed pursuant to clause no. 3.0 of ITB) and in total
compliance of Scope of work/Service /Specification(s) as specified in Tender Document.
8.0 Any revision, clarification, corrigendum, time extension, etc. to this Tender Document will be
hosted on the GeM Portal only. Bidders are requested to visit the GeM Portal regularly to keep
themselves updated.
9.0 All the bidders including those who are not willing to submit their bid, are required to submit
F-6 (Acknowledgement cum Consent letter) duly filled within 7 days from the date of receipt
of tender information.
10.0 SAP generated Request for Quotation (RFQ), if any shall also form an integral part of the Tender
Document.
11.0 Bidders are required to update their GST registration details on GeM portal to enable
evaluation of bids after considering ITC of GST, wherever applicable. However,
evaluation bids will be based on the confirmations & documents submitted by the bidder
in the their bid irrespective of the status/evaluation on GeM portal. GAIL’s decision in
this regard shall be final.
12.0 As per GEM policy/guidelines, MSE bidders have to update their status in their Profile
and declare whether they are participating as MSE on GeM Portal (including updating
their status in Profile) while submitting the bid on GeM tender. Further, MSE are
required to upload relevant documents in bid as per provision of tender. However,
evaluation and applicability of EMD exemption and purchase preference policy will be
based on the confirmations & documents submitted by the bidder in the their bid
irrespective of selection/option made on GeM portal.
13.0 Bidders are required to select the applicable purchase preference (i.e. preference
category) option while submitting the bid on GeM portal. However, evaluation and
applicability of purchase preference policy will be based on the confirmations &
documents submitted by the bidder in the their bid irrespective of selection/option made
on GeM portal.
This is not an Order.
For & on behalf of

(Authorized Signatory)
Sanjay Singh
Ch.Manager (C&P)
GAIL (India) Limited Jubilee Tower, B-35 & 36, Sector-1, Noida-201301 (UP)-INDIA
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CUT-OUT SLIP
DO NOT OPEN - THIS IS A QUOTATION
Bid Document No. :
GeM bid no.
Description :
Bid Due Date& Time :
From: To:
…………………………………… ……………………………………
…………………………………… ……………………………………
(To be pasted on the envelope containing EMD/Bid Security (if applicable)/Declaration

for Bid Security, Power of Attorney, Integrity Pact and Line of Credit (if applicable))
=======================================
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SECTION-II
BID EVALUATION
CRITERIA & EVALUATION
METHODOLOGY
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SECTION-II
BID EVALUATION CRITERIA
A) TECHNICAL CRITERIA:
i) Bidder should be OEM or Authorized Business Partner/ System Integrator of OEM

ii) Bidder must have successfully completed/executed at least three similar work/service
of Rs 78.16 Lakh in previous 7 years
“Or”
Bidder must have successfully completed/executed at least two similar work/service of
Rs 97.69 Lakh in previous 7 years
“Or”
Experience of at least one similar work/service of Rs 156.31 Lakh in previous 7 years
Note 1: “Similar works/Services” as specified in BEC is “Cloud Web Application
Firewall (WAF)”.
Note 2: Previous 7 (Seven) years mentioned above is to be reckoned from one day
prior to the due date of submission of bid
iii) Bidder should have valid certification ISO 27001 or Capability Maturity Model
Integration (CMMI) Level 3 or above, as on the due date of submission of bid.
Note
1. A Job executed by a Bidder for its own plant/ project cannot be considered as
experience for the purpose of meeting BEC of this Tender Document. However, jobs
executed for Subsidiary/Fellow subsidiary / Holding company will be considered as
experience for the purpose of meeting BEC subject to submission of tax paid invoice
(s) duly certified by Statutory Auditor of the Bidder towards payments of statutory tax
in support of the job executed for Subsidiary/Fellow subsidiary/ Holding company.
Such Bidders to submit these documents in addition to the documents specified to meet
BEC.
2. In case the bidder is executing a rate contract which is still running and the contract
value executed till one day prior to the due date of bid submission is equal to or more
than the minimum prescribed value as mentioned in the BEC, such experience will also
be taken into consideration provided that the bidder has submitted satisfactory
service/work execution certificate to this effect issued by the end user / owner / EIC.
B) FINANCIAL CRITERIA:
i) Annual Turnover
The minimum average annual turnover (i.e. Revenue from Operations) of the bidder as
per their audited financial statement during the three* immediate preceding financial
years shall be Rs. 97.69 Lakh.
(*) In case the date of constitution/incorporation of the bidder is less than 3 years old,
the average turnover in respect of the completed financial years after the date of
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constitution/ incorporation shall be taken into account for minimum Average Annual
Financial Turnover criteria.
ii) Net worth
Net worth of the bidder should be positive as per the audited financial statement of the
immediate preceding financial year. For the purpose of net worth for this tender, the
same shall be as defined in Format F-10.
Note: Revised definition of net worth as per amendment no. 1 to C&P procedure shall
be incorporated in the tender (Format F-10).
iii) Working capital:
The minimum working capital of the bidder as per audited financial statement of
immediate preceding financial year shall be Rs. 19.54 Lakh.
Note:
If the bidder’s working capital is negative or inadequate, the bidder shall submit a letter from
their bank having net worth not less than Rs.100 crores (or equivalent in USD), confirming the
availability of line of credit for working capital amount mentioned herein above. The line of
credit letter from bank to be submitted strictly as per format at F-9. The original document for
“Line of Credit” should be submitted along with other physical documents required as per
tender conditions or in response to commercial query failing which bid shall be rejected.
Declaration Letter/Certificate for line of credit due to short fall of working capital shall be from
single bank only. Letters from multiple banks shall not be applicable. However, banking
syndicate will also be acceptable wherein a group of banks can jointly provide line of credit to
the bidder.
The bank shall be required to issue the letter for declaration/ certificate of line of credit on their
letter head along with the contact details of the issuing authority like email id, contact number
etc.
Average Annual Turnover: Preceding 3 financial years mentioned in aforesaid BEC refer to
immediate 3 preceding financial years wherever the closing date of the bid is after 30 th Sept.
of the relevant financial year. In case the tenders having the due date for submission of bid up
to 30th September of the relevant financial year and audited financial results of the immediate
3 preceding financial years are not available, the audited financial results of the 3 years
immediately prior to that will be considered.
In case the date of constitution/incorporation of the bidder is less than 3 years old, the average
turnover in respect of the completed financial years after the date of constitution/
incorporation shall be taken into account for minimum Average Annual Financial Turnover
criteria.
Net Worth/Working Capital: Immediate preceding financial year mentioned in aforesaid

BEC refer to audited financial results for the immediate preceding financial year wherever the
closing date of the bid is after 30th Sept. of the relevant financial year. In case the tenders
having the due date for submission of bid up to 30th September of the relevant financial year
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and audited financial results of the immediate preceding financial year is not available, in such
case the audited financial results of the year immediately prior to that year will be considered.
Bidder is to submit Audited Financial Statement of immediate preceding financial years (as
mentioned above) along with format F-10 accordingly for Networth/ Working Capital
C) Exchange rate for Conversion of Currency for evaluation of documents submitted by bidders
for BEC which are in other currency than specified in BEC shall be as follows:
(a) BEC (Technical Criteria): Bill Selling (foreign exchange) Rate of State Bank of India
as prevailing on the date of award of contract submitted by bidder.
(b) BEC (Financial Criteria):
(i) For Annual Turnover:
The average of Bill Selling (foreign exchange) Rate of State Bank of India as
prevailing on the First date and Last date of the respective Financial Year.
(ii) For Net-Worth & Working Capital:
The Bill Selling (foreign exchange) Rate of State Bank of India as prevailing
on the Last date of the respective Financial Year.
(c) In case, the SBI Selling rate is not available as on the date of conversion as specified
above for respective cases, the exchange rate for conversion of currency shall be taken
from the internet, such as:
https://www.xe.com/currencyconverter
https://economictimes.indiatimes.com/markets/forex/currency-converter
https://www.oanda.com/currency/converter
D) Only documents (Work Order, Completion certificate, Execution Certificate etc.) which have
been referred/ specified in the bid shall be considered in reply to queries during evaluation of
Bids.
After submission of bid, only related shortfall documents will be asked for in TQ/CQ and
considered for evaluation. For example, if the bidder has submitted a contract without its
completion/ performance certificate, the certificate will be asked for and considered. However,
no new reference/ PO/WO/LOA is to be submitted by bidder in response to TQ/CQ so as to
qualify and such documents will not be considered by GAIL for evaluation of Bid.
Any shortfall information / documents on the Audited Annual Report / Financial Statement of
the Bidder and/or line of credit for working capital issued on or before the final bid due date
can only be sought against Commercial queries (CQs). Any information/ documents issued
post final bid due date shall not be considered for evaluation
Experience of bidder acquired as a subcontractor can be accepted against submission of

certificate from end user by such bidder along with other specified documents.
E) RELAXATION OF PRIOR TURNOVER AND PRIOR EXPERIENCE FOR
STARTUPS (AS DEFINED IN GAZETTE NOTIFICATION NO. D.L-33004/99
DATED 18.02.2016 AND 23.05.2017 OF MINISTRY OF COMMERCE AND
INDUSTRY), AS AMENDMED TIME TO TIME
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Prior turnover and prior experience as mentioned above in financial and technical
criteria of BEC shall not be required for all Startups [whether Micro & Small
Enterprises (MSEs) or otherwise] under the following domain (i.e., industry and
sector) as per the tender provisions subject to their meeting the quality and technical
specifications specified in tender document.
SI. No. Industry Sectors

1 Security services Cyber Security
For availing the relaxation, bidder is required to submit requisite certificate towards
Startup enterprise registration issued by Department of Industrial Policy and Promotion,
Ministry of Commerce & Industry and the certificate should be certified by the
Chartered Accountant (not being an employee or a Director or not having any interest
in the bidder’s company/firm) and notary public with legible stamp
F) DOCUMENTS TO BE SUBMITTED FOR COMPLIANCE TO BEC
BEC Clause no. Description Documents required for qualification

Documents Required-Technical Criteria
(A) i) In case of OEM, bidder should submit
certificate issued on their letter head stating
that the bidder is OEM of the quoted
item(s).
In case bidder is Authorized Business

Partner/ System Integrator of OEM, bidder
should submit letter issued by OEM
referring this tender number and
confirming bidder’s status as their
authorized business partner/system
integrator supplier of quoted item(s).
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(A) ii) Experience (a) Detailed work/service order along with

Criteria Schedule of Rates.
(b) Completion certificate issued by end

user / Owner (or their consultant who
has been duly authorized by owner to
issue such certificate).
In case the work/service of submitted

work/service is not completed, such bid is
also acceptable subject to submission of
Execution certificate (issued by the end
user/ owner/authorized consultant) in place
of completion certificate for meeting the
stipulated experience criteria, provided that
the service for which the said execution
certificate has been issued is ready for
commercial use.
Note:The completion certificates /
execution certificate shall have details
like work/service order no.; date,
brief scope of work, completion
date/date of execution etc.
In absence of such documents, GAIL
reserve right to reject the bid without
making any reference to the bidder or
assigning any reason whatsoever.
(A) iii) ISO 27001 / Bidder must submit copy of certificate for
Capability ISO 27001 / Capability Maturity Model
Maturity Integration (CMMI) Level 3 valid as on the
Model due date of bid-submission.
Integration
(CMMI)
Level 3
(B) Documents Required-Financial Criteria

i), ii) & iii) BEC A certificate for financial capability of the
(Financial) bidder from Practicing Chartered
Accountant in prescribed format [Format
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F-10] as provided in the Tender Document
i) Annual Bidder(s) shall submit copy of Audited

Annual Financial Statement [including
Turn-over Auditor’s Report, Balance Sheets, Profit
and Loss Accounts statements, Notes &
schedules etc.] of the immediate three (3)
preceding Financial Year(s) along with un-
price bid.
ii) & iii) Net Worth Bidder(s) shall submit copy of Audited
& Working Annual Financial Statement [including
Capital Auditor’s Report, Balance Sheets, Profit
and Loss Accounts statements, Notes &
schedules etc.] of the immediate preceding
Financial Year along with un-priced bid.
Bidder shall furnish the duly filled and signed Check list for submission of documents
for qualification for Bid Evaluation Criteria (BEC) as per format F-8 (B).
G) AUTHENTICATION OF DOCUMENTS TO BE SUBMITTED IN SUPPORT OF

BEC:
a. Technical Criteria of BEC:
All documents in support of Technical Criteria of BEC to be furnished by the Bidder shall
necessarily be duly certified/ attested by Chartered Engineer and Notary Public with legible
stamp.
b. Financial criteria of BEC:
Copy of audited Annual Financial statements submitted in bid shall be duly certified/ attested
by Notary Public with legible stamp. Bidder shall submit “Details of financial capability of
Bidder” in prescribed format (F-10) duly signed and stamped by a chartered accountant/
Certified Public Accountant (CPA).
Practicing Chartered Accountant shall generate Unique Document Identification number

(UDIN) for all the certificates issued by them as per provisions of tender. However, UDIN may
not be required for the documents being attested by Chartered Accountant in terms of
provisions of Tender document.
H) Eligibility criteria in case bid is submitted on the basis of technical experience of

FOREIGN BASED ANOTHER COMPANY (SUPPORTING COMPANY) which holds
more than fifty percent of the paid up share capital of the bidder company or vice versa:
Offers of those bidders (not under consortium arrangement) who themselves do not meet the
technical experience criteria as stipulated in the BEC and are quoting based on the experience
of Foreign based another company (Supporting Company) can also be considered. In such
case the supporting company should hold more than fifty percent of the paid up share capital
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of the bidding company or vice versa.
However, the supporting company should on its own meet the technical experience as
stipulated in the BEC and should not rely on any other company or through any other
arrangement like Technical collaboration agreement.
In that case as the bidding company is dependent upon the technical experience of another
company with a view to ensure commitment and involvement of the companies involved for
successful execution of the contract, the participating bidder should enclose the following
Agreements/ Guarantees/ Undertakings along with the techno-commercial bid:
(i) An Agreement (as per format enclosed at Appendix- A1 to Section II) between the bidder and
the supporting company.
(ii) Guarantee (as per format enclosed at Appendix- A2 to Section II) by the supporting company
to GAIL for fulfilling the obligation under the Agreement along with certificate issued by
Company Secretary as per Appendix- A2A to Section II.
(iii) Undertaking by Supporting Company to provide a Performance Bank Guarantee (as per format
and instructions enclosed at Appendix- A3 to Section II), equivalent to 50% of the value of the
PBG which is to be submitted by the bidding company, in case of being the successful bidder.
In cases where foreign based supporting company does not have Permanent Establishment in
India as per Indian Income Tax Act, the bidding company can furnish Performance Bank
Guarantee for an amount which is sum of PBG amount to be submitted by the bidder and
additional PBG amount required to be submitted by the supporting company subject to the
condition that supporting company have 100% paid up equity share capital of the bidder either
directly or through intermediate subsidiaries or vice versa.
In such case bidding company shall furnish an undertaking that their foreign based supporting
company is not having any Permanent Establishment in India in terms of Income Tax Act of
India.
(iv) Undertaking from the supporting company to the effect that in addition to invoking the PBG
submitted by the bidding company, the PBG provided by supporting company shall be invoked
by GAIL due to non-performance of the bidding company.
Note:
1.0 In case Supporting Company fails to submit Bank Guarantee as per (iii) above, EMD/SD
submitted by the bidder shall be forfeited.
2.0 The Financial BEC of tender is to be met by bidder on their own.
3.0 The Supporting Company shall meet conditions of ‘Eligible Bidder’, as per clause no. 2 of
Section-III (ITB).
4.0 The clause J as below shall be applicable to above supporting company also.
I) Apart from above, Bidder must submit all other relevant documents/ information as specified in the
Scope of Work/SCC for Technical Evaluation of bid or specified elsewhere in the Tender Document,
towards proof of its responsiveness.
J) PROCUREMENT FROM A BIDDER WHICH SHARES A LAND BORDER WITH INDIA
1. OM no. 7/10/2021-PPD(1) dated 23.02.2023, Department of Expenditure, Ministry of Finance,

Govt. of India refers. The same are available at website https://doe.gov.in/procurement-policy-
divisions.
2. Any bidder from a country which shares a land border with India will be eligible to bid in this
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tender only if the bidder is registered with the Competent Authority. For details of competent
authority refer to Annexure I of Order (Public Procurement no. 4) dated 23.02.2023.
Further, any bidder (including bidder from India) having specified Transfer of Technology
(ToT) arrangement with an entity from a country which shares a land border with India, shall
also require to be registered with the same competent authority.
Further the above will not apply to bidders from those countries (even if sharing a land border
with India) to which the Government of India has extended lines of credit or in which the
Government of India is engaged in development projects. Updated lists of countries to which
lines of credit have been extended or in which development projects are undertaken are given in
the website of the Ministry of External Affairs, Govt. of India
3. "Bidder" (including the term 'tenderer', 'consultant' 'vendor' or 'service provider' in certain
contexts) for purpose of this provision means any person or firm or company, including any
member of a consortium or joint venture (that is an association of several persons, or firms or
companies), every artificial juridical person not falling in any of the descriptions of bidders stated
hereinbefore, including any agency, branch or office controlled by such person, participating in
a procurement process.
4. "Bidder from a country which shares a land border with India" for the purpose of this:
a. An entity incorporated, established or registered in such a country; or

b. A subsidiary of an entity incorporated, established or registered in such a country; or
c. An entity substantially controlled through entities incorporated, established or registered
in such a country; or
d. An entity whose beneficial owner is situated in such a country; or
e. An Indian (or other) agent of such an entity; or
f. A natural person who is a citizen of such a country; or
g. A consortium or joint venture where any member of the consortium or joint venture falls
under any of the above
5. "Beneficial owner" for the purpose of above (4) will be as under:
i. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person(s),
has a controlling ownership interest or who exercises control through other means.
Explanation—
a) "Controlling ownership interest" means ownership of, or entitlement to, more than
twenty-five per cent of shares or capital or profits of the company;
b) "Control" shall include the right to appoint the majority of the directors or to control
the management or policy decisions, including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;
ii) In case of a partnership firm, the beneficial owner is the natural person(s) who, whether
acting alone or together, or through one or more juridical person, has ownership of
entitlement to more than fifteen percent of capital or profits of the partnership;
iii) In case of an unincorporated association or body of individuals, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more juridical
- 15 -
person, has ownership of or entitlement to more than fifteen percent of the property or capital
or profits of such association or body of individuals;
iv) Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial owner is
the relevant natural person who holds the position of senior managing official;
v) In case of a trust, the identification of beneficial owner(s) shall include identification of the
author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the
trust and any other natural person exercising ultimate effective control over the trust through
a chain of control or ownership.
6. "Agent" for the purpose of this Order is a person employed to do any act for another, or to
represent another in dealings with third persons
Note :
(i) A person who procures and supplies finished goods from an entity from a country which
shares a land border with India will, regardless of the nature of his legal or commercial
relationship with the producer of the goods, be deemed to be an Agent for the purpose of
this Order.
(ii) However, a bidder who only procures raw material, components etc. from an entity from a
country which shares a land border with India and then manufactures or converts them
into other goods will not be treated as an Agent.
7. ''Transfer of Technology" means dissemination and transfer of all forms of commercially

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

technologies, specified at Schedule-I, II & 3 of this order.
9. SUBMISSION OF CERTIFICATE IN BIDS:
Bidder shall submit a certificate in this regard as Form-I-A.
For cases falling under the category of Transfer of Technology, Bidder shall submit a certificate
in this regard as Form-I-B.
If such certificate given by a bidder whose bid is accepted is found to be false, this would be a
ground for immediate rejection of the bid/termination and further action as per “Procedure for
Action in case of Corrupt/Fraudulent/ Collusive / Coercive Practices” of tender document.
10. The registration, wherever applicable, should be valid at the time of submission of
bids and at the time of acceptance of bids. In respect of supply otherwise than by tender,
registration should be valid at the time of placement of order. If the bidder
was validly registered at the time of acceptance / placement of order, registration
- 16 -
shall not be a relevant consideration during contract execution.
11. PROVISION TO BE IN WORKS CONTRACTS, INCLUDING TURNKEY

CONTRACTS:
The successful bidder shall not be allowed to sub-contract works to any contractor from a country
which shares a land border with India unless such contractor is registered with the Competent
Authority. The definition of "contractor from a country which shares a land border with India"
shall be as in Para 4 herein above. A Certificate to this regard is to be submitted by bidder is
placed at Form-II.
[Note: Procurement of raw material, components, etc. does not constitute sub-
contracting]
K) EVALUATION METHODOLOGY:
The prices shall be evaluated on Overall lowest price (L-1) basis as applicable. The evaluated
price of bidders shall include the following:
i) Charges for Services quoted by the bidder for all zones

ii) (+) Quoted rate of GST [Calculated on i) above]
iii) (-) Input tax credit of GST
Purchase preference policy (PPP-2012) for MSE & Purchase preference as per Public Procurement
Policy- Make in India (PPP - MII), 2017 shall be applicable as per tender provisions
- 17 -
Form-I-A
UNDERTAKING ON LETTERHEAD
To,
M/s GAIL (INDIA) LIMITED

___________________
SUB:
TENDER NO:
Dear Sir
We have read the clause regarding Provisions for Procurement from a Bidder which shares a land
border with India, we certify that, bidder M/s____________ (Name of Bidder) is :
Not from such a country [ ]
If from such a country, has been registered [ ]

with the Competent Authority.
(Evidence of valid registration by the
Competent Authority shall be attached)
(Bidder is to tick appropriate option () above).
We hereby certify that bidder M/s____________ (Name of Bidder) fulfills all requirements in this
regard and is eligible to be considered against the tender.
Place: [Signature of Authorized Signatory of Bidder]

Date: Name:
Designation:
Seal:
- 18 -
Form-I-B
UNDERTAKING ON LETTERHEAD
(Applicable in case of Transfer of Technology cases only)
To,

___________________
SUB:
TENDER NO:
Dear Sir
We have read the clause regarding Provisions for Procurement from a Bidder having Transfer of
Technology (ToT) arrangement which shares a land border with India, we certify that, bidder
M/s____________ (Name of Bidder) is :
Does not have ToT with such a country [ ]
If having ToT from such a country, has been registered [ ]

(Bidder is to tick appropriate option ( ) above).
regard and is eligible to be considered against the tender.

Date: Name:
Designation:
Seal:
- 19 -
Form-II
CERTIFICATE FOR TENDERS FOR WORKS INVOLVING POSSIBILITY OF SUB-

CONTRACTING
To,

___________________
SUB:
TENDER NO:
Dear Sir
We have read the clause regarding Provisions for Procurement from a Bidder of a country which shares
a land border with India and on sub-contracting to contractors from such countries; we certify that,
bidder M/s____________ (Name of Bidder) is:
not from such a country [ ]
if from such a country, has been registered [ ]

We further certify that bidder M/s____________ (Name of Bidder) will not sub-contract any work to a
contractor from such countries unless such contractor is registered with the Competent Authority.
regard and is eligible to be considered.

Date: Name:
Designation:
Seal:
- 20 -
Schedule I
List of Category-I Sensitive sectors:
Sr. No. Sector

(i) Atomic Energy
(ii) Brocasting/ Print and Digital Media
(iii) Defense
(iv) Space
(v) Telecommunications
Schedule II
List of Category-II Sensitive sectors:
Sr.No. Sector
Power and Energy (including exploration/ generation/ transmission/
(i)
distribution/ pipeline)
(ii) Banking and Finance including Insurance
(iii) Civil Aviation
(iv) Construction of ports and dams & river valley projects
(v) Electronics and Microelectronics
(vi) Meteorology and Ocean Observation
(vii) Mining and extraction (including deep sea projects)
(viii) Railways
(ix) Pharmaceuticals & Medical Devices
(x) Agriculture
(xi) Health
(xii) Urban Transportation
Schedule III
List of Sensitive Technologies:
Sr.No. Sensitive Technologies

(i) Additive Manufacturing (e.g. 30 Printing)
Any equipment having electronic programmable components or autonomous systems
(ii)
(e.g. SCADA systems)
Any technology used for uploading and streaming of data including broadcasting,
(iii)
satellite communication etc.
(iv) Chemical Technologies
(v) Biotechnologies including Genetic Engineering and Biological Technologies
(vi) Information and Communication Technologies
(vii) Software
- 21 -
Appendix-A1 to Section II
FORMAT OF AGREEMENT TO BE EXECUTED BETWEEN BIDDER AND THEIR
FOREIGN BASED SUPPORTING COMPANY ON INDIAN NON-JUDICIAL STAMP
PAPER OF REQUISITE VALUE DULY NOTARIZED.
This agreement made this ___ day of ____ month ____ year by and between M/s.
____________________ (Fill in Bidder’s full name, constitution and registered office address)
___________ hereinafter referred to as bidder on the first part and M/s. ___________ (Fill in full
name, constitution and registered office address company which hold more than fifty percent of the
paid up share capital of the bidding company or vice versa) hereinafter referred to as “Supporting
Company” of the second part.
Whereas
M/s. GAIL (India) Limited (hereinafter referred to as GAIL) has invited offers vide their tender No.
_____________ for _______________and M/s. __________________ (Bidder) intends to bid against
the said tender and desires to have technical support of M/s. ________________ [Supporting
Company]
And whereas Supporting Company represents that they have gone through and understood the
requirements of the subject tender and are capable and committed to provide the services as required
by the bidder for successful execution of the contract, if awarded to the bidder.
Now, it is hereby agreed to by and between the parties as follows:
a) M/s.____________ (Bidder) will submit an offer to GAIL for the full scope of work as envisaged
in the tender document as a main bidder and liaise GAIL directly for any clarifications etc. in this
context.
b) M/s. _________[Supporting Company] undertakes to provide technical support and expertise,

expert manpower and project management including financial support, if so required, to the bidder
to discharge its obligations as per the Scope of Work of the tender / Contract for which offer has
been made by the bidder and accepted the GAIL.
c) The Bidder/ Supporting Company holds more than 50% paid up equity capital of the Supporting
Company/ Bidder.
d) This agreement will remain valid till validity of bidder's offer to GAIL including extension if any
and till satisfactory performance of the contract, the same is awarded by GAIL to the bidder.
e) Supporting Company undertakes that this agreement shall remain enforceable even if their stake
in Bidder is diminished during the execution of works under the contract between the Bidder and
GAIL.
f) The bidder shall have the overall responsibility of satisfactory execution of the contract awarded
by GAIL, however without prejudice to any rights that GAIL might have against the Supporting
Company
g) It is further agreed that, if contract pursuant to Supporting Company shall be jointly and severely
responsible to GAIL for the performance of works during contract period and for the satisfactory
- 22 -
execution of the contract, and for all the consequences for non-performance thereof.
In witness whereof the parties hereto have executed this agreement on the date mentioned above.
For and on behalf of For and on behalf of

(Bidder) (Supporting Company)
M/s. M/s.
Witness: Witness:
1) 1)
2) 2)
- 23 -
GUARANTEE BY THE FOREIGN BASED SUPPORTING COMPANY/ GUARANTOR

(to be executed on plain paper)
THIS DEED OF GUARANTEE executed at ……….. this …….. day of ……… by M/s
………………………… (mention complete name) a company duly established and existing under the
laws of …………………. (insert country), having its Registered Office at
……………………………………… hereinafter called “the Guarantor and/ or the Supporting
Company” which expression shall, unless excluded by or repugnant to the subject or context thereof,
be deemed to include its successors and permitted assignees.
FOR
M/s ………………………… (bidder) a company duly established and existing under the laws of
…………………. (insert country), having its Registered Office at
……………………………………… hereinafter called the “Bidder” which expression shall, unless
excluded by or repugnant to the subject or context thereof, be deemed to include its successors and
permitted assignees.
TOWARDS
M/s GAIL(India) Limited, a company duly registered under the law of India having its Registered
Office at 16, Bhikaiji Cama Place, R. K. Puram, New Delhi-110066, India, and having Purchase center
at …………… hereinafter called “GAIL” which expression shall unless excluded by or repugnant to
the context thereof, be deemed to include its successor and assignees
WHEREAS GAIL has invited tender number ………………… for …….. on ………….., and the
bidder has submitted it bid number…………… in response to the above mentioned tender invited by
GAIL.
AND WHEREAS the bidder/ Guarantor Company holds more than 50% paid up equity capital of the
Supporting Company/ Bidder .
AND WHEREAS one of the condition for acceptance of Bidder’s bid against said tender is that in
case the bidder is seeking to qualify upon the technical credentials of its Guarantor Company, then the
bidder shall arrange a guarantee from its Guarantor Company guaranteeing due and satisfactory
performance of the work covered under the said tender including any change therein as may be
deemed appropriate by the GAIL at any stage.
The Guarantor represents that they have gone through and understood the requirement of the above
said tender and are capable of and committed to provide technical and such other supports as may be
required by the Bidder for successful execution of the same.
The Bidder and the Guarantor have entered into an agreement dated ……… as per which the
Guarantor shall be providing technical, financial and such other supports as may be necessary for
performance of the work under the tender, if the contract is awarded to the Bidder.
Accordingly, at the request of the Bidder and in consideration of and as a requirement for the GAIL
to enter into agreement(s) with the Bidder, the Guarantor hereby guarantees and undertakes that upon
award of Contract to Bidder against bid number ……………, made by the Bidder under tender
number………………:
1. The Guarantor unconditionally agrees that in case of non-performance by the Bidder
of any of its obligations in any respect, the Guarantor shall, immediately on receipt of
notice of demand by the GAIL , take up the job without any demur or objection, in
- 24 -
continuation and without loss of time and without any cost to the GAIL and duly
perform the obligations of the Bidder to the satisfaction of the GAIL.
2. The Guarantor agrees that the Guarantee contained herein shall remain valid till the
satisfactory execution and completion of the work (including discharge of the warranty
obligations) awarded to the Bidder.
3. The Guarantor shall be jointly and severally responsible to GAIL for satisfactory
performance of works during contract period and for the satisfactory execution of the
contract, and for all consequences for non-performance thereof.
4. The liability of the Guarantor, under the Guarantee, is limited of the Bidder for
non- performance under the contract entered between GAIL and the Bidder. This will,
however, be in addition to the forfeiture of the Performance and Advance Guarantees
furnished by the Bidder.
5. The Guarantor agrees to execute a Corporate Guarantee in favour of GAIL,
guaranteeing the performance of obligations by the Bidder, in case the Contract is
awarded to the Bidder by GAIL.
6. The Guarantor represents that this Guarantee has been issued after due observance of
the appropriate laws in force in India. The Guarantor hereby undertakes that the
Guarantor shall obtain and maintain in full force and effect all the governmental and
other approvals and consents that are necessary and do all other acts and things
necessary or desirable in connection therewith or for the due performance of the
Guarantor’s obligations towards GAIL.
7. Any dispute arising out of or in connection with this contract, including any question
regarding its existence, validity or termination, shall be referred to and finally resolved
by arbitration. It is further agreed that Claims by and against the Guarantor, the Bidder
and GAIL under the different contract to be entered pursuant to their relationship can
be brought under a single reference and there shall be no bar on the consolidation of
such proceedings before the same arbitral tribunal. The governing law shall be the laws
of India and seat of arbitration shall be New Delhi, India. The language of arbitration
shall be English.
8. The Guarantor hereby declares and represents that this Guarantee has been given
without any undue influence or coercion, and that the Guarantor has fully understood
the implications of the same.
9. In case of award of contract to the bidder, the Guarantor shall provide Performance
Bank Security to GAIL, equivalent to 50% of the value of Performance Bank Security
to be submitted by the bidding company, in the prescribed format within 15 days from
the date of Fax of Acceptance, as guarantee for performance by the bidder/Supplier.
The Guarantor hereby expressly agrees that if in the opinion of GAIL, the Bidder /
Supplier has failed to perform its obligations under the contract in any manner, GAIL
shall have unfettered right to invoke the said Bank guarantee. The guarantor hereby
agrees that decision of GAIL about performance of the bidder / Supplier shall be final
and shall not be questioned by the Guarantor. Guarantor shall have no objection to
invocation of the Performance Bank Guarantee submitted by the Guarantor
OR
(applicable, subject to meeting the conditions stipulated in BEC in respect of additional
Performance Bank Security)
In case of award of contract to the bidder, the bidder on behalf of the Guarantor shall
provide additional Performance Bank Security to GAIL, equivalent to 50% of the value
of Performance bank Security to be submitted by the bidding company, in the
prescribed format within 15 days from the date of Fax of Acceptance, as guarantee for
performance by the bidder/Supplier. The Guarantor hereby expressly agrees that if in
the opinion of GAIL, the Bidder / Supplier has failed to perform its obligations under
- 25 -
the contract in any manner, GAIL shall have unfettered right to invoke the said Bank
guarantee. The Guarantor hereby agrees that decision of GAIL about performance of
the bidder / Supplier shall be final and shall not be questioned by the Guarantor.
Guarantor shall have no objection to invocation of the Performance Bank Security
submitted by the Bidder on behalf The Guarantor represents and confirms that the
Guarantor has the legal capacity, power and authority to issue this Guarantee and that
giving of this Guarantee and the performance and observations of the obligations
hereunder do not contravene any existing laws.
(Strike through the clause whichever is not applicable)
10. The Guarantor represents and confirms that the Guarantor has the legal capacity, power
and authority to issue this Guarantee and that giving of this Guarantee and the
performance and observations of the obligations hereunder do not contravene any
existing laws.
For & on behalf of (Supporting Company)
M/s __________________________
Signature__________________
Name_____________________
Designation ________________
official seal_________________
Witness:
1.Signature________________
Full Name _________________
Address___________________
2.Signature________________
Full Name _________________
Address___________________
INSTRUCTIONS FOR FURNISHING GUARANTEE
1. The official(s) executing the guarantee should affix full signature(s) on each page.
2. Resolution passed by Board of Directors of the guarantor company authorizing the
signatory(ies) to execute the guarantee, duly certified by Company Secretary should be
furnished along with Guarantee.
- 26 -
Appendix-A2A to Section II
CERTIFICATE ISSUED BY COMPANY SECRETARY OF THE GUARANTOR

COMPANY
“Obligations contained in deed of guarantee No. ______ furnished against tender No. ______
are enforceable against the Guarantor Company and the same do not, in any way, contravene
any law of the country of which the Guarantor Company is the subject.”
The above certificate should be enclosed along with the Guarantee.
- 27 -
PROFORMA OF "BANK GUARANTEE" TOWARDS PERFORMANCE SECURITY /
SECURITY DEPOSIT BY FOREIGN BASED SUPPORTING COMPANY OF THE BIDDING
COMPANY
CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
To,
To, Bank Guarantee No.
M/s GAIL (India) Limited Date of BG
___________________ BG Valid up to (Expiry date)
Claim period up to (indicate date of expiry of
claim period which includes minimum three
months from the expiry date)
Stamp Sl. No./e-Stamp Certificate No.
Dear Sir(s),
M/s. __________________________________________________________________ having
registered office at _______________________ (herein after called the “SUPPLIER” which expression
shall wherever the context so require include its successors and assignees) have been placed/ awarded the
job/work of _______________________________________________ vide PO/LOA /FOA No.
_______________________________dated______ (herein after called CONTRACT) for GAIL (India)
Limited having registered office at 16, Bhikaiji Cama Place, R.K. Puram, New Delhi (herein after called
the “GAIL” which expression shall wherever the context so require include its successors and assignees).
Further, M/s _____________ (Name of the Supporting company) having its registered/head office at
______________________ based on whose experience/technical strength, the SUPPLIER has qualified
for award of contract (hereinafter referred to as the 'SUPPORTING COMPANY') which expression shall,
unless repugnant to the context or meaning thereof include all its successors, administrators, executors
and assignees) has agreed to provide complete technical and other support to the SUPPLIER for
successful completion of the contract as mentioned above, entered between GAIL and the SUPPLIER
and GAIL having agreed that the 'SUPPORTING COMPANY' shall furnish to GAIL a
performance guarantee for Indian Rupees/US$ .............. towards providing complete
financial and other support to the SUPPLIER for successful completion of the contract as mentioned
above,
The said M/s.______________________________________________ (Supporting Company) has

approached us and at their request and in consideration of the premises we having our office at
______________________________ have agreed to give such guarantee as hereinafter mentioned.
1. We (name of the bank) ______________________________ registered under the laws of

_______ having head/registered office at __________________________
(hereinafter referred to as "the Bank", which expression shall, unless repugnant to the context or
meaning thereof, include all its successors, administrators, executors and permitted assignees) do
hereby guarantee and undertake to pay immediately on first demand in writing any/all moneys to
the extent of Indian Rs./US$ (in figures) __________ (Indian Rupees/US Dollars (in
words)_____________________________) without any demur, reservation, contest or protest
and/or without any reference to the 'SUPPORTING COMPANY'. Any such demand made by
GAIL on the Bank by serving a written notice shall be conclusive and binding, without any proof,
on the bank as regards the amount due and payable, notwithstanding any dispute(s) pending
before any Court, Tribunal, Arbitrator or any other authority and/or any other matter or thing
whatsoever, as liability under these presents being absolute and unequivocal. We agree that the
- 28 -
guarantee herein contained shall be irrevocable and shall continue to be enforceable until it is
discharged by GAIL in writing. This guarantee shall not be determined, discharged or affected
by the liquidation, winding up, dissolution or insolvency of the 'SUPPORTING COMPANY' and
shall remain valid, binding and operative against the bank.
2. The Bank also agrees that GAIL at its option shall be entitled to enforce this Guarantee against
the Bank as a principal debtor, in the first instance, without proceeding against the 'SUPPORTING
COMPANY' and notwithstanding any security or other guarantee that GAIL may have in relation
to the 'SUPPORTING COMPANY’s liabilities.
3. The Bank further agrees that GAIL shall have the fullest liberty without our consent and without
affecting in any manner our obligations hereunder to vary any of the terms and conditions of the
said CONTRACT or to extend time of performance by the said SUPPLIER from time to time or
to postpone for any time or from time to time exercise of any of the powers vested in GAIL against
the said SUPPLIER/ and to forbear or enforce any of the terms and conditions relating to the said
agreement and we shall not be relieved from our liability by reason of any such variation, or
extension being granted to the said SUPPLIER or for any forbearance, act or omission on the part
of GAIL or any indulgence by GAIL to the said SUPPLIER(s) or any such matter or thing
whatsoever which under the law relating to sureties would, but for this provision, have effect of
so relieving us.
4. The Bank further agrees that the Guarantee herein contained shall remain in full force during the
period that is taken for the performance of the CONTRACT and all dues of GAIL under or by
virtue of this CONTRACT have been fully paid and its claim satisfied or discharged or till GAIL
discharges this guarantee in writing, whichever is earlier.
5. This Guarantee shall not be discharged by any change in our constitution, in the constitution of
GAIL or that of the 'SUPPORTING COMPANY'.
6. The Bank confirms that this guarantee has been issued with observance of appropriate laws of the
country of issue.
7. The Bank also agrees that this guarantee shall be governed and construed in accordance with
Indian Laws and subject to the exclusive jurisdiction of Indian Courts of the place from where the
purchase CONTRACT has been placed.
8. Notwithstanding anything contained hereinabove, our liability under this Guarantee is limited to
Indian Rs./US$ (in figures) _________________ (Indian Rupees/US Dollars (in words)
________________ only) and our guarantee shall remain in force until (indicate the date of expiry
of bank guarantee) _________.
9. We have power to issue this guarantee in your favor under Memorandum and Articles of
Association and the undersigned has full power to do under the Power of Attorney, dated
___________ granted to him by the Bank.
10. 11.
Notwithstanding anything contained herein:
a) The Bank’s liability under this Guarantee shall not exceed (currency in figures) . . . . . . . . . . .
. . . . . (currency in words only ) . . . . .
b) This Guarantee shall remain in force upto ___________ (this date should be expiry date of
12.
defect liability period of the Contract) and any extension(s) thereof; and
c) The Bank shall be released and discharged from all liability under this Guarantee unless a
written claim or demand is issued to the Bank on or before the midnight of
………………….(indicate date of expiry of claim period which includes minimum three months
from the expiry of this Bank Guarantee) and if extended, the date of expiry of the last extension
of this Guarantee. If a claim has been received by us within the said date, all the rights of GAIL
under this Guarantee shall be valid and shall not cease until we have satisfied that claim.
Details of next Higher Authority of the Officials who have issued the Bank Guarantee:
Name …………………………….
Designation …………………..
- 29 -
Yours faithfully,
_______________
Bank by its Constituted Attorney
Signature of a person duly

Authorized to sign on behalf of the Bank
E-mail :
Telephone/Mobile No. :
INSTRUCTIONS FOR FURNISHING
"PERFORMANCE SECURITY / SECURITY DEPOSIT " BY "BANK GUARANTEE"
1. The Bank Guarantee by successful Bidder(s) will be given on non-judicial stamp paper as per
'stamp duty' applicable. The non-judicial stamp paper should be in name of the issuing bank.
In case of foreign bank, the said Bank Guarantee to be issued by its correspondent bank in
India on requisite non-judicial stamp paper and place of Bid to be considered as Delhi.
2. A letter from the issuing bank of the requisite Bank Guarantee confirming that said Bank
Guarantee and all future communication relating to the Bank Guarantee shall be forwarded to
Purchaser as per format appended below.
3. The Bank Guarantee shall be from any Indian scheduled bank (excluding Co-operative banks
and Regional Rural bank) or a branch of an International bank situated in India and registered
with Reserve bank of India as scheduled foreign bank. However, in case of bank guarantees
from banks other than the Nationalised Indian banks, the bank must be a commercial bank
having net worth in excess of Rs 100 crores and a declaration to this effect shall be made by
such commercial bank either in the Bank Guarantee itself or separately on its letterhead.
4. In case BG is issued directly by a bank outside India (if allowed), it should be executed on
Letter Head of the Bank and should be advised and made payable through their Indian
Branch/Corresponding Bank in India.
MATTER TO BE MENTIONED IN COVERING LETTER TO BE SUBMITTED BY VENDOR ALONG WITH BANK

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

VENDOR CODE
3 BANK GUARANTEE AMOUNT :
4 PURCHASE ORDER/ LOA NO :
5 NATURE OF BANK GUARANTEE :

(Please Tick ( √ ) Whichever is
Applicable PERFORMANCE SECURITY
BANK GUARANTEE DEPOSIT EMD ADVANCE
(A) EMAIL ID :
BG ISSUED BANK DETAILS
(B) ADDRESS :
(C) PHONE NO :
- 30 -
SECTION-III
INSTRUCTIONS TO
BIDDERS
(TO BE READ IN CONJUNCTION WITH
BIDDING DATA SHEET (BDS)
Note: GAIL Instruction to Bidder (ITB) shall prevail over GeM-SLA & GeM
GTC where there is conflict on terms & conditions
- 31 -
SECTION-III
INSTRUCTION TO BIDDERS
INDEX
[A] GENERAL:
1. SCOPE OF BID
2. ELIGIBLE BIDDERS
3. BIDS FROM CONSORTIUM
4. ONE BID PER BIDDER
5. COST OF BIDDING
6. SITE-VISIT
[B] BIDDING DOCUMENTS:

7. CONTENTS OF BIDDING DOCUMENTS
8. CLARIFICATION OF TENDER DOCUMENT
9. AMENDMENT OF BIDDING DOCUMENTS
[C] PREPARATION OF BIDS:

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

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

25. EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR
ALL BIDS
27. CONFIDENTIALITY
28. CONTACTING THE EMPLOYER
29. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
32. EVALUATION AND COMPARISON OF BIDS
34. PURCHASE PREFERENCE
[F] AWARD OF CONTRACT:

35. AWARD
36. NOTIFICATION OF AWARD / FAX OF ACCEPTANCE [FOA]
37. SIGNING OF AGREEMENT
38. CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT
- 32 -
39. PROCEDURE FOR ACTION IN CASE

CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICES
40. PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL
ENTERPRISE
41. AHR ITEMS
42. VENDOR EVALUATION PROCEDURE
43. INCOME TAX & CORPORATE TAX
44. DISPUTE RESOLUTION MECHANISM
45. DISPUTES BETWEEN CPSE’S/GOVERNMENT DEPARTMENT’S/
ORGANIZATIONS
46. INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS
PROVIDERS)
47. PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS
48. CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING TO
SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY
49. PROVISION FOR STARTUPS
50. PROVISION REGARDING INVOICE FOR REDUCED VALUE OR CREDIT
NOTE TOWARDS PRS
51. UNIQUE DOCUMENT IDENTIFICATION NUMBER BY PRACTICING
CHARTERED ACCOUNTANTS
52. ANJANI PORTAL
53. DOCUMENTS FOR PAYMENT
54. ORDER TRANSMITTAL SYSTEM
55. ASSIGNMENT/SUBLET
56. VENDOR INVOICE MANAGEMENT
[G] ANNEXURES:
1. ANNEXURE-I : ANNEXURE-I: BIDDING DATA SHEET (BDS)
2. ANNEXURE-II: POLICY TO PROVIDE PURCHASE PREFERENCE AS PER
PUBLIC PROCUREMENT (PREFERENCE TO MAKE IN INDIA), ORDER
2017
- 33 -
INSTRUCTIONS TO BIDDERS [ITB]
(TO BE READ IN CONJUNCTION WITH BIDDING DATA SHEET (BDS)
[A] – GENERAL
1 SCOPE OF BID
1.1 The Employer as defined in the "General Conditions of Contract [GCC]", wishes to receive
Bids as described in Invitation For Bid (the “Tender Document /Bid Document”) issued by
Employer. Employer/Owner/GAIL occurring herein under shall be considered synonymous.
1.2 SCOPE OF BID: The scope of work/ Services shall be as defined in the Tender documents.
1.3 The successful bidder will be expected to complete the scope of Bid within the period stated
in Special Conditions of Contract.
1.4 Throughout the Tender Documents, the terms 'Bid', 'Tender', ‘Offer’ & ‘Proposal’ and their
derivatives [Bidder/Tenderer, Bid/Tender/Offer etc.] are synonymous. Further, 'Day' means
'Calendar Day' and 'Singular' also means 'Plural'.
2 ELIGIBLE BIDDERS
2.1 The Bidder shall not be under a declaration of ineligibility by Employer for Corrupt/
Fraudulent/ Collusive/ Coercive practices, as defined in "Instructions to Bidders [ITB], Clause
No. 39” (Action in case Corrupt/ Fraudulent/ Collusive/ Coercive Practices).
2.2 The Bidder is not put on ‘Holiday’ by GAIL or Public Sector Project Management Consultant
(like EIL, Mecon only due to “poor performance” or “corrupt and fraudulent practices”) or
banned/blacklisted by Government department/ Public Sector on due date of submission of
bid. Further, neither bidder nor their allied agency/(ies) (as defined in the Procedure for Action
in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on banning list of GAIL or
the Ministry of Petroleum and Natural Gas.
Bidders marked “Suspended” on GeM (but eligible as per GAIL’s Tender Document)
will be evaluated as per terms & conditions of the Tender Document.
If the bidding documents were issued inadvertently/ downloaded from website, offers
submitted by such bidders shall not be considered for opening/ evaluation/Award and will be
returned immediately to such bidders.
In case there is any change in status of the declaration prior to award of contract, the same has
to be promptly informed to GAIL by the bidder.
It shall be the sole responsibility of the bidder to inform about their status regarding para 1 of
clause 2.2 herein above on due date of submission of bid and during the course of finalization
of the tender. Concealment of the facts shall tantamount to misrepresentation of facts and shall
lead to action against such Bidders as per clause 39 of ITB.
2.3 The Bidder should not be under any liquidation court receivership or similar proceedings on
due date of submission of bid. In case there is any change in status of the declaration prior to
award of contract, the same has to be promptly informed to GAIL by the bidder.
It shall be the sole responsibility of the bidder to inform GAIL there status on above on due
date of submission of bid and during the course of finalization of the tender. Concealment of
the facts shall tantamount to misrepresentation of facts and shall lead to action against such
Bidders as per clause no.39 of ITB.
2.4 Bidder shall not be affiliated with a firm or entity:
(i) that has provided consulting services related to the work to the Employer during the
preparatory stages of the work or of the project of which the works/services forms a
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part of or
(ii) that has been hired (proposed to be hired) by the Employer as an Engineer/ Consultant
for the contract.
2.5 Neither the firm/entity appointed as the Project Management Consultant (PMC) for a contract
nor its affiliates/ JV’S/ Subsidiaries shall be allowed to participate in the tendering process
unless it is the sole Licensor/Licensor nominated agent/ vendor.
2.6 Pursuant to qualification criteria set forth in the bidding document, the Bidder shall furnish all
necessary supporting documentary evidence to establish Bidder’s claim of meeting
qualification criteria.
2.7 Power of Attorney:
Power of Attorney (POA) to be issued by the bidder in favour of the authorised employee(s),
in respect of the particular tender, for purpose of signing the documents including bid, all
subsequent communications, agreements, documents etc. pertaining to the tender and act and
take any and all decision on behalf of the bidder (including Consortium). Any consequence
resulting due to such signing shall be binding on the Bidder (including Consortium).
The Power of Attorney shall be issued as per the constitution of the bidder as below:
a) In case of Proprietorship: by Proprietor
b) In case of Partnership: by all Partners or Managing Partner
c) In case of Limited Liability Partnership: by any bidder’s employee authorized in
terms of Deed of LLP
d) In case of Public / Limited Company: PoA in favourof authorized employee(s) by
Board of Directors through Board Resolution or by the designated officer authorized
by Board to do so. Such Board Resolution should be duly countersigned by Company
Secretary / MD / CMD / CEO.
The Power of Attorney should be valid till award of contract / order to successful bidder.
2.8 In case of change of constitution of bidder after submission of bid, the same shall be informed
by the bidder to GAIL promptly. Failure to same shall be considered as misrepresentation by
the bidder.
3 BIDS FROM CONSORTIUM"- NOT APPLICABLE
4 ONE BID PER BIDDER

4.1 A Bidder shall submit only 'one [01] Bid' in the same Bidding Process either as single entity
or as a member of any consortium (wherever consortium bid is allowed). A Bidder who
submits or participates in more than 'one [01] Bid' will cause all the proposals in which the
Bidder has participated to be disqualified.
4.2 A bidder shall not have conflict of interest with other bidders. Such conflict of interest can
lead to anti-competitive practices. The bidder found to have a conflict of interest shall be
disqualified. A bidder shall be considered to have a conflict of interest with one or more
bidders in this bidding process, if:
a) they have controlling partner (s) in common; or
b) they receive or have received any direct or indirect subsidy/ financial stake from any of
them; or
c) they have the same legal representative/authorized signatory/agent for purposes of this
bid; or
d) they have relationship with each other, directly or through common third parties, that
puts them in a position to have access to information about or influence on the bid of
another Bidder; or
e) Bidder participates in more than one bid in bidding process. Participation by a Bidder in
more than one Bid will result in the disqualification of all bids in which the parties are
involved. However, this does not limit the inclusion of the components/ sub-assembly/
Assemblies from one bidding manufacturer in more than one bid.
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f) a Bidder or any of its affiliates participated as a consultant in the preparation of the design
or technical specifications of the contract that is the subject of the Bid;
g) In case of a holding company having more than one independently manufacturing units,
or more than one unit having common business ownership/management, only one unit
should quote. Similar restrictions would apply to closely related sister companies.
Bidders must proactively declare such sister/ common business/ management units in
same/ similar line of business.
Bidders are required to submit a confirmation for no conflict of interest with other bidders in
Format F-5.
Failure to comply this clause during tendering process will disqualify all such bidders from
process of evaluation of bids.
4.3 Alternative Bids shall not be considered.
4.4 The provisions mentioned at sl. no. 4.1 and 4.2 shall not be applicable wherein bidders are
quoting for different Items / Sections / Parts / Groups/ SOR items of the same tender which
specifies evaluation on Items / Sections / Parts / Groups/ SOR items basis.
5 COST OF BIDDING
The Bidder shall bear all costs associated with the preparation and submission of the Bid
including but not limited to Documentation Charges, Bank charges, all courier charges,
translation charges, authentication charges and any associated charges including taxes &
duties thereon. Further, GAIL will in no case, be responsible or liable for these costs,
regardless of the outcome of the bidding process.
6 SITE VISIT
6.1 The Bidder is advised to visit and examine the site of works and its surroundings and obtain
for itself on its own responsibility all information that may be necessary for preparing the Bid
and entering into a Contract for the required job. The costs of visiting the site shall be borne
by the Bidder.
6.2 The Bidder or any of its personnel or agents shall be granted permission by the Employer to
enter upon its premises and land for the purpose of such visits, but only upon the express
conditions that the Bidder, its personnel and agents will release and indemnify the Employer
and its personnel, agents from and against all liabilities in respect thereof, and will be
responsible for death or injury, loss or damage to property, and any other loss, damage, costs,
and expenses incurred as a result of inspecon.
6.3 The Bidder shall not be entitled to hold any claim against GAIL for non-compliance due to
lack of any kind of pre-requisite information as it is the sole responsibility of the Bidder to
obtain all the necessary information with regard to site, surrounding, working conditions,
weather etc. on its own before submission of the bid.
[B] – BIDDING DOCUMENTS

7 CONTENTS OF BIDDING DOCUMENTS
7.1 The contents of Bidding Documents / Tender Documents are those stated below shall be ‘Bid
specific Additional Terms and Conditions (ATC)’of GeM bid, and should be read in
conjunction with any 'Addendum / Corrigendum and Clarification(s)' issued in accordance
with "ITB: Clause-8 & 9":
 Section-I : Invitation for Bid [IFB]*
 Section-II : Bid Evaluation Criteria [BEC] & Evaluation methodology
 Section-III : Instructions to Bidders [ITB], Annexure, Forms & Format**
 Section-IV : General Conditions of Contract [GCC]***
 Section-V : Special Conditions of Contract [SCC]
 Section-VI : Scope of Work.
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GeM bid document generated or available on GeM portal shall also be part of Bidding Document
/ Tender Document.
*Request for Quotation’, wherever applicable, shall also form part of the Bidding Document.
** The subject tender is based on standard formats and applicability of some specific clauses may
be seen in Annexure-II to Section-III i.e. BDS (Bidding Data Sheet).
*** General Conditions of Contract - Services is attached in Section-IV. Further, Hindi version
of GCC is available on the GAIL’s tender website for reference. However, in case of any
discrepancy in English & its Hindi translation, for interpretation and legal aspects, the English
version shall prevail.
7.2 The Bidder is expected to examine all instructions, forms, terms & conditions in the Bidding
Documents. The "Request for Quotation [RFQ] & Invitation for Bid (IFB)" together with all
its attachments thereto, shall be considered to be read, understood and accepted by the Bidders.
Failure to furnish all information required by the Bidding Documents or submission of a Bid
not substantially responsive to the Bidding Documents in every respect will be at Bidder's risk
and may result in the rejection of his Bid.
8 CLARIFICATION OF TENDER DOCUMENT
8.1 A prospective Bidder requiring any clarification(s) of the Bidding Documents may notify
GAIL in writing or email at GAIL's mailing address indicated in the BDS or on GeM portal
no later than 02 (two) days prior to pre-bid meeting (in cases where pre-bid meeting is
scheduled) or 05 (five) days prior to the due date of submission of bid in cases where pre-bid
meeting is not scheduled. GAIL reserves the right to ignore the bidders request for clarification
if received after the aforesaid period. GAIL may respond in writing to the request for
clarification. GAIL's response including an explanation of the query, but without identifying
the source of the query will be uploaded on GeM portal / communicated to prospective bidders
by e-mail.
8.2 Any clarification or information required by the Bidder but same not received by the Employer
at clause 8.1 (refer BDS for address) above is liable to be considered as "no clarification /
information required".
9 AMENDMENT OF BIDDING DOCUMENTS
9.1 At any time prior to the 'Bid Due Date', Employer may, for any reason, whether at its own
initiative or in response to a clarification requested by a prospective Bidder, modify the
Bidding Documents by corrigendum.
9.2 Any corrigendum thus issued shall be integral part of the Tender Document and shall be hosted
on the GeM portal website. Bidders have to take into account all such corrigendum before
submitting their Bid.
9.3 The Employer, if consider necessary, may extend the Bid Due Date in order to allow the
Bidders a reasonable time to furnish their most competitive bid taking into account the
addenda/ corrigendum issued thereof.
[C] – PREPARATION OF BIDS
10 LANGUAGE OF BID:
The bid prepared by the Bidder and all correspondence, drawing(s), document(s), certificate(s)
etc. relating to the Bid exchanged by Bidder and GAIL shall be written in English language
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only. In case a document, certificate, printed literature etc. furnished by the Bidder in a
language other than English, the same should be accompanied by an English translation duly
authenticated by the Indian Chamber of Commerce, in which case, for the purpose of
interpretation of the Bid, the English translation shall govern.
11. DOCUMENTS COMPRISING THE BID
The Bid must be submitted on GeM portal (https://gem.gov.in) as follows
11.1 TECHNO-COMMERCIAL / UN-PRICED BID shall contain the following:

(a) 'Covering Letter' on Bidder's 'Letterhead' clearly specifying the enclosed contents with
index.
(b) 'Bidder's General Information', as per 'Form F-1'.
(c) 'Agreed Terms and Conditions', as per 'Form F-5'
(g) 'Acknowledgement Cum Consent Letter', as per 'Form F-6'
(h) Duly attested documents in accordance with the "Bid Evaluation Criteria [BEC]"
establishing the qualification.
(i) Copy of Power of Attorney /copy of Board Resolution, in favour of the authorized
signatory of the Bid, as per clause no.2.7 of ITB
(j) Copy of EMD /, Declaration for Bid Security as per provision of ITB
(k) Undertaking as per Form-1 to Annexure-II to Section-III by MSE bidders and Class-I
Local Suppliers bidders seeking preference under policy to provide purchase
preference as per public procurement (preference to make in India), Order 2017 (PPP-
MII), if applicable.
(l) Undertaking as per Form-2 to Annexure-II to Section-III and Certification from the
statutory auditor or cost auditor of the company (in the case of companies) or from a
practicing cost accountant or practicing chartered accountant (in respect of other than
companies) as per Form-3 to Annexure-II to Section-III (Applicable for all bidders
including MSEs bidder irrespective of seeking purchase preference or not).
(m) Undertaking as per Form-I to Section-II regarding Provisions for Procurement from a
Bidder which shares a land border with India
(n) All forms and Formats including Annexures
(o) ‘Integrity Pact’ as per ‘Form F-13’
(p) Tender Document, its Corrigendum/Amendment/Clarification(s) duly signed by the
Authorized Signatory holding POA.
(q) Additional document specified in BDS, SCC, Scope of Work/Service or mentioned
elsewhere in the Tender Document, its Corrigendum/Amendment/Clarification(s).
(r) Any other information/details required as per Bidding Document
Note: All the pages of the Bid must be signed by the "Authorized Signatory" of the Bidder
holding POA.
11.1.2 Price Bid / Financial Bid / Schedule of Rates [SOR]

i) The Prices are to be submitted strictly as per the Price bid / Schedule of Rate (SOR)
on GeM portal. GAIL shall not be responsible for any failure on the part of the bidder
to follow the instructions.
ii) Bidders are advised NOT to mention Rebate/Discount separately, either in the SOR or
anywhere else in the offer. In case Bidder(s) intend to offer any Rebate/Discount, they
should include the same in the item rate(s) itself under the SOR and indicate the
discounted unit rate(s) only.
iii) If any unconditional rebate has been offered in the quoted rate the same shall be
considered in arriving at evaluated price. However no cognizance shall be taken for
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any conditional discount for the purpose of evaluation of the bids.

iv) In case, it is observed that any of the bidder(s) has/have offered suo-moto
Discount/Rebate after opening of unpriced bid but before opening of price bids such
discount /rebate(s) shall not be considered for evaluation. However, in the event of the
bidder emerging as the lowest evaluated bidder without considering the
discount/rebate(s), then such discount/rebate(s) offered by the bidder shall be
considered for Award of Work and the same will be conclusive and binding on the
bidder.
v) In the event as a result of techno-commercial discussions or pursuant to seeking
clarifications / confirmations from bidders, while evaluating the un-priced part of the
bid, any of the bidders submits a sealed envelope stating that it contains revised prices;
such bidder(s) will be requested to withdraw the revised prices failing which the bid
will not be considered for further evaluation.
vi) In case any bidder does not quote for any item(s) of “Schedule of Rates” and the
estimated price impact is more than 10% of the quoted price, then the bid will be
rejected. If such price impact of unquoted items is 10% or less of his quoted price, then
the unquoted item(s) shall be loaded highest of the price quoted by the other bidders .
If such bidder happens to be lowest evaluated bidder, price of unquoted items shall be
considered as included in the quoted bid price.
Further, Bidders must submit the original " EMD, Power of Attorney, Integrity Pact (wherever
applicable) and any other documents specified in the Tender Document to the address
mentioned in IFB, in a sealed envelope, superscribing the details of Tender Document (i.e.
tender number & tender for) within 7 days from the date of un-priced bid opening.
Bidders are required to submit the EMD in original by Due Date and Time of Bid Submission
or upload a scanned copy of the same in the Part-I of the Bid. If the Bidder is unable to submit
EMD in original by Due Date and Time of Bid Submission, the Bidder is required to upload a
scanned copy of the EMD in Part-I of Bid, provided the original EMD, copy of which has been
uploaded, is received within 7 days from the Due Date of Bid Opening, failing which the Bid
will be rejected irrespective of their status/ranking in tendering process and notwithstanding
the fact that a copy of EMD was earlier uploaded by the Bidder.
12 BID PRICES
12.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the whole job
/works as described in Bidding Documents, based on the rates and prices submitted by the
Bidder and accepted by the Employer. The prices quoted by the Bidders will be inclusive of
all taxes & duties including GST (CGST & SGST/UTGST or IGST).
Successful bidder is required to provide break-up of various components such as GST (CGST
& SGST/UTGST or IGST) included in the quoted prices for placing SAP order by GAIL.
12.2 Bidder shall quote for all the items of Price bid/SOR after careful analysis of cost involved for
the performance of the completed item considering all parts of the Bidding Document. In case
any activity though specifically not covered in description of item under SOR but is required
to complete the works as per Specifications, Scope of Work / Service, Standards, General
Conditions of Contract (“GCC"), Special Conditions of Contract ("SCC") or any other part of
Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such
activity.
12.4 All duties, taxes and other levies [if any] payable by the Service Provider under the Contract,
or for any other cause including final GST (CGST & SGST/ UTGST or IGST) shall be
included in the rates / prices and the total bid-price submitted by the Bidder.
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12.5 Prices quoted by the Bidder, shall remain firm and fixed and valid till completion of the
Contract and will not be subject to variation on any account, unless any price
escalation/variation is allowed elsewhere in the Tender Document.
13 GST (CGST & SGST/ UTGST or IGST)
13.1 Bidders are required to mention the GST Registration No. in bids wherever GST (CGST &
SGST/UTGST or IGST) is applicable.
13.2 Quoted prices should be inclusive of all taxes and duties, including GST (CGST & SGST or
IGST or UTGST). Please note that the responsibility of payment of GST (CGST & SGST
or IGST or UTGST) lies with the Service Provider only. Service Provider providing taxable
service shall issue an e-Invoice/Invoice/ Bill, as the case may be as per rules/ regulation of
GST. Further, returns and details required to be filled under GST laws & rules should be
timely filed by Service Provider with requisite details.
Payments to Service Provider for claiming GST (CGST & SGST/UTGST or IGST) amount
will be made provided the above formalities are fulfilled. Further, GAIL may seek copies of
challan and certificate from Chartered Accountant for deposit of GST (CGST &
SGST/UTGST or IGST) collected from Owner.
13.3 In case CBIC (Central Board of Indirect Taxes and Customs)/ any tax authority / any
equivalent government agency brings to the notice of GAIL that the Service Provider has not
remitted the amount towards GST (CGST & SGST/UTGST or IGST) collected from GAIL to
the government exchequer, then, that Contactor shall be put under Holiday list of GAIL for
period of six months after following the due procedure. This action will be in addition to the
right of recovery of financial implication arising on GAIL.
13.4 In case of statutory variation in GST (CGST & SGST/UTGST or IGST), other than due to
change in turnover, payable on the contract value during contract period, the Service Provider
shall submit a copy of the 'Government Notification' to evidence the rate as applicable on the
Bid due date and on the date of revision.
Beyond the contract period, in case GAIL is not entitled for input tax credit of GST (CGST
& SGST/UTGST or IGST), then any increase in the rate of GST (CGST & SGST/UTGST
or IGST) beyond the contractual delivery period shall be to Service Provider ’s account
whereas any decrease in the rate GST (CGST & SGST/UTGST or IGST) shall be passed on
to the Owner.
Beyond the contract period, in case GAIL is entitled for input tax credit of GST (CGST &
SGST/UTGST or IGST), then statutory variation in quoted GST (CGST & SGST/UTGST
or IGST) on supply and on incidental services, shall be to GAIL’s account.
Claim for payment of GST (CGST & SGST/UTGST or IGST)/ Statutory variation, should
be raised within two [02] months from the date of issue of 'Government Notification' for
payment of differential (in %) GST (CGST & SGST/UTGST or IGST), otherwise claim in
respect of above shall not be entertained for payment of arrears.
The base date for the purpose of applying statutory variation shall be the Bid Due Date.
13.5 Where GAIL is entitled to avail the input tax credit of GST (CGST & SGST/UTGST or
IGST):-
13.5.1 Owner/GAIL will reimburse the GST (CGST & SGST/UTGST or IGST) to the Service
Provider at actuals against submission of E-Invoices/Invoices as per format specified in rules/
regulation of GST to enable Owner/GAIL to claim input tax credit of GST (CGST &
SGST/UTGST or IGST) paid. In case of any variation in the executed quantities, the amount
on which the GST (CGST & SGST/UTGST or IGST) is applicable shall be modified in
same proportion. Returns and details required to be filled under GST laws & rules should be
timely filed by supplier with requisite details.
13.5.2 The input tax credit of quoted GST (CGST & SGST/UTGST or IGST) shall be considered for
evaluation of bids, as per evaluation criteria of tender document.
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13.6 Where GAIL is not entitled to avail/take the full input tax credit of GST (CGST &
SGST/UTGST or IGST):-
13.6.1 Owner/GAIL will reimburse GST (CGST & SGST/UTGST or IGST) to the Service
Provider at actuals against submission of E-Invoices/Invoices as per format specified in rules/
regulation of GST subject to the ceiling amount of GST (CGST & SGST/UTGST or IGST)
as quoted by the bidder, subject to any statutory variations, except variations arising due to
change in turnover. In case of any variation in the executed quantities (If directed and/or
certified by the Engineer-In-Charge) the ceiling amount on which GST (CGST &
SGST/UTGST or IGST) is applicable will be modified on pro-rata basis.
13.6.2 The bids will be evaluated based on total price including quoted GST (CGST &
SGST/UTGST or IGST).
13.7 GAIL will prefer to deal with registered supplier of goods/ services under GST. Therefore,
bidders are requested to get themselves registered under GST, iF not registered yet.
However, in case any unregistered bidder is submitting their bid, Bids will be evaluated as per
quoted prices without loading of GST (CGST & SGST/UTGST or IGST), if not quoted.
Further, an unregistered bidder is required to mention its Income Tax PAN in bid document.
13.8 In case GAIL is required to pay entire/certain portion of applicable GST (CGST &
SGST/UTGST or IGST) and remaining portion, if any, is to be deposited by Bidder directly
as per GST (CGST & SGST/UTGST or IGST) laws, entire applicable rate/amount of GST
(CGST & SGST/UTGST or IGST) to be considered by bidder in the Price bid/SOR.
Where GAIL has the obligation to discharge GST (CGST & SGST/UTGST or IGST)
liability under reverse charge mechanism and GAIL has paid or is /liable to pay GST (CGST
& SGST/UTGST or IGST) to the Government on which interest or penalties becomes
payable as per GST laws for any reason which is not attributable to GAIL or ITC with respect
to such payments is not available to GAIL for any reason which is not attributable to GAIL,
then GAIL shall be entitled to deduct/ setoff / recover such amounts against any amounts
paid or payable by GAIL to Service Provider / Supplier.
13.9 Service Provider shall ensure timely submission of correct invoice(s)/e-invoice(s), as per GST
rules/ regulation, with all required supporting document(s) within a period specified in
Contract to enable GAIL to avail input credit of GST (CGST & SGST/UTGST or IGST).
Further, returns and details required to be filled under GST laws & rules should be timely filed
by Service Provider with requisite details.
If input tax credit is not available to GAIL for any reason not attributable to GAIL, then GAIL
shall not be obligated or liable to pay or reimburse GST (CGST & SGST/UTGST or IGST)
claimed in the invoice(s) and shall be entitled to deduct / setoff / recover such GST amount
(CGST & SGST/UTGST or IGST) or Input Tax Credit amount together with penalties and
interest, if any, against any amounts paid or becomes payable by GAIL in future to the Service
Provider under this contract or under any other contract.
13.10 Anti-profiteering clause
As per Clause 171 of GST Act it is mandatory to pass on the benefit due to reduction in rate
of tax or from input tax credit to the consumer by way of commensurate reduction in prices.
The Service Provider / supplier may note the above and quote their prices accordingly.
13.11 In case the GST rating of Service Provider on the GST portal / Govt. official website is negative
/ black listed, then the bids may be rejected by GAIL. Further, in case rating of bidder is
negative / black listed after award of work, then GAIL shall not be obligated or liable to pay
or reimburse GST to such Service Provider and shall also be entitled to deduct / recover such
GST along with all penalties / interest, if any, incurred by GAIL.
13.12 GST, as included by the bidder in Price bid / SOR, shall be deemed as final and binding for
the purpose of bid evaluation
In case a bidder includes “zero” GST or an erroneous GST, the bid evaluation for finalizing
the L1 bidder will be done considering the “Zero” or quoted GST rate, as the case may be. No
request for change in GST will be entertained after submission of bids.
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In cases where the successful bidder quotes a wrong GST rate, for releasing the order, the
following methodology will be followed:
 In case the actual GST rate applicable is lower than the quoted GST rate, the actual
GST rate will be added to the quoted basic prices. The final cash outflow will be based
on actual GST rate.
 In case the actual GST rate applicable is more than the quoted GST rate, the basic prices
quoted will be reduced proportionately, keeping the final cash outflow the same as the
overall quoted amount.
Based on the Total Cash Outflow calculated as above, GAIL shall place orders.
13.13 Wherever TDS under GST Laws has been deducted from the invoices raised / payments made
to the Service Provider, as per the provisions of the GST law / Rules, Service Provider should
accept the corresponding GST-TDS amount populated in the relevant screen on GST common
portal (www.gst.gov.in). Further, Service Provider should also download the GST TDS
certificate from GST common portal (reference path: Services > User Services >
View/Download Certificates option).
13.14 Provision w.r.t. E- Invoicing requirement as per GST laws:

Supplier who is required to comply with the requirements of E-invoice for B2B transactions
as per the requirement of GST Law will ensure the compliance of requirement of E Invoicing
under GST law. If the invoice issued without following this process, such invoice can-not be
processed for payment by GAIL as no ITC is allowed on such invoices.
Therefore, all the payments to such supplier who is liable to comply with e-invoice as per GST
Laws shall be made against the proper e-invoice(s) only. Further, returns and details required
to be filled under GST laws & rules against such e-invoices should be timely filed by Supplier
of Goods with requisite details.
If input tax credit is not available to GAIL for any reason attributable to supplier (both for E-
invoicing cases and non-E-invoicing cases), then GAIL shall not be obligated or liable to pay
or reimburse GST (CGST & SGST/UTGST or IGST) claimed in the invoice(s) and shall be
entitled to deduct / setoff / recover such GST amount (CGST & SGST/UTGST or IGST) or
Input Tax Credit amount together with penalties and interest, if any, by adjusting against any
amounts paid or becomes payable in future to the supplier under this contract or under any
other contract.
To ensure compliance, undertaking in requisite format is to be submitted by supplier as per

format F-15 along with documents for release of payment.
13.15 New Taxes & duties: Any new taxes & duties, if imposed by the State/ Central Govt. of India
after the due date of bid submission but before the Contractual Completion Date, shall be
reimbursed to the Service Provider on submission of copy of notification(s) issued from State/
Central Govt. Authorities along with documentary evidence for proof of payment of such taxes
& duties, but only after ascertaining it’s applicability with respect to the Contract.
13.16 Full payment including GST will be released at the time of processing of invoice for payment,
where the GST amount reflects in Form GSTR-2A of GAIL. However, in case where the GST
amount doesn't reflect in Form GSTR-2A of GAIL, the amount of GST will be released after
reflection of GST amount of corresponding invoice in Form GSTR-2A of GAIL.
14 BID CURRENCIES:
Bidders must submit bid in Indian Rupees only.
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15 BID VALIDITY
15.1 Bids shall be kept valid for period specified in GeM bid from the final Due date of submission
of bid'. A Bid valid for a shorter period may be rejected by GAIL as 'non-responsive'.
15.2 In exceptional circumstances, prior to expiry of the original 'Bid Validity Period', the Employer
may request the Bidders to extend the 'Period of Bid Validity' for a specified additional period
on GeM portal. The request and the responses thereto shall also be made in writing or by email
(outside GeM, if required). After opening of price bids in GeM, the extension (outside GeM,
if any) will be regularized through GeM with L-1 bidder. Bidder may refuse the request
without forfeiture of his EMD/Bid Security
A Bidder agreeing to the request will not be required or permitted to modify his Bid, but will
be required to extend the validity of its EMD for the period of the extension and in accordance
with "ITB: Clause-16" in all respects.
16 EARNEST MONEY DEPOSIT
16.1 Bid must be accompanied with earnest money deposit (i.e Earnest Money Deposit (EMD)
also known as Bid Security) in the form of ‘Demand Draft’ / ‘Banker’s Cheque’ /Insurance
Surety Bond’ / ‘Fixed Deposit Receipt’ [in favour of GAIL (India) Limited payable at place
mentioned in BDS] or ‘Bank Guarantee’ as per the format given in form F-2 of the Tender
Document (preferably) or format available in GeM portal. Bidder shall ensure that EMD
submitted in the form of ‘Bank Guarantee’ should have a validity of at least ‘two [02]
months’ beyond the validity of the Bid. EMD submitted in the form of ‘Demand Draft’ or
‘Banker’s Cheque’ should be valid for three months.
Bid not accompanied with EMD, or EMD not in requisite format shall be liable for rejection.
The EMD shall be submitted in Indian Rupees only.
16.2 GAIL shall not be liable to pay any documentation charges, Bank charges, commission,
interest etc. on the amount of EMD. In case EMD is in the form of a ‘Bank Guarantee’, the
same shall be from any Indian scheduled Bank (excluding Co-operative banks and Regional
Rural bank) or a branch of an International Bank situated in India and registered with ‘Reserve
Bank of India’ as Scheduled Foreign Bank. However, in case of ‘Bank Guarantee’ from Banks
other than the Nationalized Indian Banks, the Bank must be commercial Bank having net
worth in excess of Rs. 100 Crores [Rupees One Hundred Crores] and a declaration to this
effect should be made by such commercial Bank either in the ‘Bank Guarantee’ itself or
separately on its letterhead. Purchaser will verify the BG from issuing bank.
16.3 Any Bid not secured in accordance with “ITB: Clause-16.1 & Clause-16.2” may be rejected
by GAIL as non-responsive.
16.4 Unsuccessful Bidder’s EMD will be discharged/ returned as promptly as possible, but not later
than ‘thirty [30] days’ after finalization of tendering process.
16.5 The successful Bidder’s EMD will be discharged upon the Bidder’s acknowledging the
‘Award’ and signing the ‘Agreement’ and furnishing the ‘Contract Performance Security
(CPS)/ Security Deposit’ pursuant to clause no. 38 of ITB.
16.6 Notwithstanding anything contained herein, the EMD may also be forfeited in any of the
following cases:
(a) If a Bidder withdraws his Bid during the ‘Bid Validity Period’
(b) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice
(c) If the Bidder modifies Bid during the period of bid validity (after Due Date and Time
for Bid Submission).
(d) Violates any other condition, mentioned elsewhere in the Tender Document, which
may lead to forfeiture of EMD.
(e) In the case of a successful Bidder, if the Bidder fails to:
(i) acknowledge receipt of the “Notification of Award” / Fax of
Acceptance[FOA]”,
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(ii) furnish “Contract Performance Security / Security Deposit”, in accordance with

“ITB: Clause-38”
(iii) accept ‘arithmetical corrections’ as per provision of the clause 30 of ITB.
16.7 In case EMD is in the form of ‘Bank Guarantee’, the same must indicate the Tender Document
No. and the name of Tender Document for which the Bidder is quoting. This is essential to
have proper correlation at a later date.
16.8 MSEs (Micro & Small Enterprises) are exempted from submission of EMD in accordance
with the provisions of PPP-2012 and Clause 40 of ITB. However, Traders/Dealers/
Distributors /Stockiest /Wholesaler are not entitled for exemption of EMD. The Government
Departments/PSUs are also exempted from the payment of EMD. Further, Startups are also
exempted from the payment of EMD.
In addition to above, following categories of Sellers/Service Providers are also exempted
from furnishing Earnest Money / Bid Bond :
(i) KVIC, ACASH, WDO, Coir Board, TRIFED and Kendriya Bhandar.
(ii) Sellers who have got their credentials verified through the process of Vendor
Assessment by Vendor Assessment Agencies for the Primary Product / Primary Service
for which Bid / RA has been invited.
(iii) Sellers/ Service Provider having annual turnover of INR 500 Crore or more.
(iv) Sellers / Service Providers holding BIS License for the Primary Product Category
whose credentials are validated through BIS database and through uploaded supporting
documents.
(v) Seller / Service Provider registered with designated Agency / Authority as specified in
the bid document by the Buyer – such bidder shall have to upload scanned copy of
relevant registration document in place of Bid Security document while bidding.
Bidders are required to submit relevant document for exemption from furnishing
Earnest Money / Bid Bond
16.9 In addition to existing specified form (i.e. Demand Draft (DD)/ Banker’s Cheque/ Bank
Guarantee) mentioned in tender documents for submission of EMD/Bid Bond, the bidder can
also submit the EMD through online banking transaction i.e. IMPS/NEFT/RTGS etc. While
remitting, the bidder must indicate EMD and tender/E-tender no. under remarks. Bidders shall
be required to submit/ upload the successful transaction details along-with their bid/e-bid in
addition to forwarding the details to dealing officer through email/letter with tender reference
number immediately after remittance of EMD.
In absence of submitting/ uploading the remittance details, the bids are likely to be considered
as bid not accompanied with EMD. Further, in case of the above online transaction, submission
of EMD in original is not applicable.
16.10 In case of forfeiture of EMD/ Bid Security, the forfeited amount will be considered inclusive
of tax and tax invoice will be issued by GAIL. The forfeiture amount will be subject to final
decision of GAIL based on other terms and conditions of order/ contract.
16.11 EMD/Bid Bond will not be accepted in case the same has reference of ‘remitter’/’financer’
other than bidder on the aforementioned financial instrument of EMD/ Bid Bond submitted by
the bidder and bid of such bidder will be summarily rejected.
16A DECLARATION FOR BID SECURITY
Bidder to whom exemption is allowed as per Clause no. 16.8 above are required to submit
Declaration for Bid Security as per proforma at Form F-2A.
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17 PRE-BID MEETING (IF APPLICABLE)
17.1 The Bidder(s) or his designated representative are invited to attend a "Pre-Bid Meeting" which
will be held at address specified in IFB. It is expected that a bidder shall not depute more than
02 representatives for the meeting.
17.2 Purpose of the meeting will be to clarify issues and to answer questions on any matter that
may be raised at that stage.
17.3 Text of the questions raised and the responses given, together with any responses prepared
after the meeting, will be uploaded on GeM portal website against the GeM bid as specified
in "ITB: Clause-8. Any modification of the Contents of Bidding Documents listed in "ITB:
Clause-7.1", that may become necessary as a result of the Pre-Bid Meeting shall be made by
the Employer exclusively through the issue of an Corrigendum pursuant to "ITB: Clause-9",
and not through the minutes of the Pre-Bid Meeting.
17.4 Non-attendance of the Pre-Bid Meeting will not be a cause for disqualification of Bidder.
18 FORMAT AND SIGNING OF BID
18.1 The Bid shall be typed or written in indelible ink [in the case of copies, photocopies are also
acceptable] and shall be signed by a person or persons duly authorized to sign on behalf of the
Bidder (as per POA). The name and position held by each person signing, must be typed or
printed below the signature. All pages of the Bid except for unamendable printed literature
where entry(s) or amendment(s) have been made shall be initialed by the person or persons
signing the Bid.
18.2 The Bid shall contain no alterations, omissions, or additions, unless such corrections are
initialed by the person or persons signing the Bid.
19 ZERO DEVIATION AND REJECTION CRITERIA
19.1 ZERO DEVIATION: Deviation to terms and conditions of "Bidding Documents" may lead to
rejection of bid. GAIL will accept bids based on terms & conditions of "Bidding Documents"
only. Bidder may note GAIL will determine the substantial responsiveness of each bid to the
Bidding Documents pursuant to provision contained in clause 29 of ITB. For purpose of this,
a substantially responsive bid is one which conforms to all terms and conditions of the Bidding
Documents without deviations or reservations. GAIL's determination of a bid's responsiveness
is based on the content of the bid itself without recourse to extrinsic evidence.
Bidder is requested not to take any deviation(s)/exception(s) to the terms & conditions of
Tender Document, and submit all requisite documents as mentioned in this Tender Document,
failing which their Bid will be liable for rejection. If a Bidder does not reply to the queries in
the permitted time frame then its Bid shall be evaluated based on the documents available in
the Bid.
As a principle, clarifications from bidders after opening of tenders will not be sought.
However, where clarifications / documents from the bidders on important aspects are
absolutely necessary for finalization of tender, clarifications from bidder can be asked. The
request for clarification shall be given in email/portal, asking the bidder to respond by a
specified date, and also mentioning therein that, if the bidder does not comply or respond by
the date, his tender will be liable to be rejected. Depending on the outcome, such tenders are
to be ignored or considered further. No change in prices or substance of the bid including
specifications, shall be offered or permitted. No post-bid clarification at the initiative of the
bidder shall be entertained. The shortfall information/ documents should be sought only in
case of historical documents which pre-existed bids and which have not undergone change
since then.
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19.2 REJECTION CRITERIA: Notwithstanding the above, deviation to the following clauses of
Tender document shall lead to summarily rejection of Bid:
(a) Firm Price
(b) Earnest Money Deposit / Bid Security / Bid Security declaration, as applicable
(c) Specifications & Scope of Work
(d) Schedule of Rates / Price Schedule / Price Basis
(e) Duration / Period of Contract/ Completion schedule
(f) Period of Validity of Bid
(g) Price Reduction Schedule
(h) Contract Performance Security
(i) Guarantee / Defect Liability Period
(j) Arbitration / Resolution of Dispute/Jurisdiction of Court
(k) Force Majeure & Applicable Laws
(l) Integrity Pact, if Applicable
(m) Any other condition specifically mentioned in the tender document elsewhere that non-
compliance of the clause lead to rejection of bid
Note: Further, it is once again reminded not to mention any condition in the Bid which is
contradictory to the terms and conditions of Tender document.
20 E-PAYMENT
GAIL (India) Limited has initiated payments to Service Providers electronically, and to
facilitate the payments electronically through 'e-banking'.
[D] – SUBMISSION OF BIDS
21 SUBMISSION, SEALING AND MARKING OF BIDS
21.1 Bids shall be submitted on GeM portal. No Manual/ Hard Copy (Original) / E-mail offer shall
be acceptable. Physical documents shall be addressed to the owner at address specified in
IFB.
21.2 Bids submitted under the name of AGENT/ REPRESENTATIVE /RETAINER/
ASSOCIATE etc. on behalf of a bidder/affiliate shall not be accepted.
22 DEADLINE FOR SUBMISSION OF BIDS
22.1 The bids must be submitted in GeM portal not later than the date and time specified in the
tender documents.
22.2 GAIL may, in exceptional circumstances and at its discretion, extend the deadline for
submission of Bids (8.0 and/or 9 of ITB refers). In that case all rights and obligations of GAIL
and the Bidders, previously subject to the original deadline will thereafter be subject to the
deadline as extended. Notice for extension of due date of submission of bid will be uploaded
on GeM portal / communicated to the bidders.
23 LATE BIDS
23.1 GeM portal shall close immediately after the due date for submission of bid and no bids can
be submitted thereafter.
Where the EMD/physical documents has been received but the bid is not submitted by the
bidder in the GeM portal, such EMD/ physical documents shall be returned immediately.
23.3 EMD /physical documents received to address other than one specifically stipulated in the
Tender Document will not be considered for evaluation/opening/award if not received to the
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specified destination within stipulated date & time.
24 MODIFICATION AND WITHDRAWAL OF BIDS

24.1 Modification and withdrawal of bids shall be as follows:-
The bidder may withdraw or modify its bid after bid submission but before the due date and
time for submission as per tender document.
24.2 No bid shall be modified/ withdrawn after the Due Date & Time for Bid submission.
24.3 Any withdrawal/ modification/substitution of Bid in the interval between the Due Date & Time
for Bid submission and the expiration of the period of bid validity specified by the Bidder in
their Bid shall result in the Bidder’s forfeiture of EMD pursuant to clause 16 of ITB /
invocation of action as per Bid Security declaration and rejection of Bid.
24.4 The latest Bid submitted by the Bidder before Bid Due Date & Time shall be considered for
evaluation and all other Bid(s) shall be considered to be unconditionally withdrawn.
[E] – BID OPENING AND EVALUATION
25 EMPLOYER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
25.1 GAIL reserves the right to accept or reject any Bid, and to annul the Bidding process and reject
all Bids, at any time prior to award of Contract, without thereby incurring any liability to the
affected Bidder or Bidders or any obligations to inform the affected Bidder or Bidders of the
ground for GAIL's action.
25.2 In GeM, there is provision for representation against disqualification of bidder within the
specified period after disqualifying the bidder against GeM Bid. Disqualified bidders should
not upload new/additional documents against representation on GeM as the same shall not be
evaluated.
Further, following decisions of GAIL shall not be subject to review:

a) Determination of the need for procurement;
b) Selection of the mode of procurement or bidding system;
c) Choice of selection procedure;
d) Provisions limiting participation of bidders in the procurement process;
e) The decision to enter into negotiations with the L1 bidder;
f) Cancellation of the procurement process except where it is intended to subsequently
re-tender the same requirements;
g) Issues related to ambiguity in contract terms may not be taken up after a contract has
been signed, all such issues should be highlighted before consummation of the contract
by the vendor/ contractor; and
h) Complaints against specifications except under the premise that they are either vague
or too specific so as to limit competition may be permissible.
26 BID OPENING
26.1 Unpriced Bid Opening :

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

26.3 As tender is processed on GeM portal, public opening of bids is not applicable.
27 CONFIDENTIALITY
Information relating to the examination, clarification, evaluation and comparison of bids, and
recommendations for the award of a contract, shall not be disclosed to bidders or any other
person not officially concerned with such a process until the award to the successful bidder.
28 CONTACTING THE EMPLOYER
28.1 From the time of bid opening to the time of contract award, no bidder shall contact GAIL on
any matter related to the bid, except on request and prior written permission.
28.2 Any effort by the bidder to influence GAIL in bid evaluation, bid comparison or contract award
decisions will vitiate the process and will result in the rejection of the bidder's bid and action
shall be initiated as per the GAIL’s procedure for action in case Corrupt / Fraudulent /
Collusive / Coercive practices in this regard apart from forfeiture of EMD/ Bid Security, if
any.
29 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
29.1 The Employer’s determination of a bid’s responsiveness is based on the content of the bid
only. Prior to the detailed evaluation of Bids, the Employer will determine whether each Bid:-
(a) Meets the "Bid Evaluation Criteria" of the Bidding Documents;
(b) Has been properly signed;
(c) Is accompanied by the required 'Earnest Money / Bid Security / Bid Security
Declaration
(d) Is substantially responsive to the requirements of the Bidding Documents; and
(e) Provides any clarification and/or substantiation that the Employer may require to
determine responsiveness pursuant to "ITB: Clause-29.2"
29.2 A substantially responsive Bid is one which conforms to all the terms, conditions and
specifications of the Bidding Documents without material deviations or reservations or
omissions for this purpose employer defines the foregoing terms below:-
a) “Deviation” is departure from the requirement specified in the tender documents.
b) “Reservation” is the setting of limiting conditions or withholding from complete
acceptance of the requirement in the tender documents.
c) “Omission” is the failure to submit part or all of the information or documentation
required in the tender document for evaluation of bid.
29.3 A material deviation, reservation or omission is one that,
a) If accepted would,
i) Affect in any substantial way the scope, quality, or performance of the job as
specified in tender documents.
ii) Limit, in any substantial way, inconsistent with the Tender Document, the
Employer’s rights or the tenderer’s obligations under the proposed Contract.
b) If rectified, would unfairly affect the competitive position of other bidders presenting
substantially responsive bids.
29.4 The employer shall examine all aspects of the bid to confirm that all requirements have been
met without any material deviation, reservation or omission.
29.5 Tenders that do not meet the basic requirements specified in the bid documents are to be
treated as unresponsive {both during Techno-commercial evaluation and Financial
Evaluation in case of Two Bid System ) and will be ignored. All tenders received will
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first be scrutinized to see whether the tenders meet the basic requirements as incorporated
in the Bid document and to identify unresponsive tenders, if any. Unresponsive offers
may not subsequently be made responsive by correction or withdrawal of the non-
conforming stipulation. Some important points on the basis of which a tender may be
declared as unresponsive and be ignored during the initial scrutiny are :
i) The tender is not in the prescribed format or is unsigned or not signed as per the
stipulations in the bid document;
ii) The required EMD has not been provided or exemption from EMD is claimed without
acceptable proof of exemption;
iii) The bidder is not eligible to participate in the bid as per laid down eligibility criteria
iv) The bid departs from the essential requirements specified in the bidding document (for
example, the tenderer has not agreed to give the required contract performance security);
or
v) Against a schedule in the list of requirements in the tender enquiry, the tenderer has not
quoted for the entire requirement as specified in that schedule (example: in a
schedule, it has been stipulated that the tenderer will supply the equipment, install and
commission it and also train the GAIL’s personnel for operating the equipment. The
tenderer has, however, quoted only for supply of the equipment).
30 CORRECTION OF ERRORS
Not Applicable
31 CONVERSION TO SINGLE CURRENCY FOR COMPARISON OF BIDS
Not Applicable. All bids submitted must be in the currency specified at clause 14 of ITB.
32 EVALUATION AND COMPARISON OF BIDS
Bid shall be evaluated as per evaluation criteria mentioned in Section-II of bidding documents
on lowest bid.
Refer BDS for tie-breaker criteria.
33 COMPENSATION FOR EXTENDED STAY – NOT APPLICABLE
34 PURCHASE PREFERENCE
Purchase preference to Micro & Small Enterprises (MSEs), Domestically Manufactured

Electronic Products / Telecom Products or Policy to Provide Purchase Preference as per Public
Procurement (Preference to Make in India), Order 2017 etc. shall be allowed as per Government
instructions in vogue, as applicable from time to time.
As per GEM policy/guidelines, MSE bidders have to update their status in their Profile
and declare whether they are participating as MSE on GeM Portal (including updating
their status in Profile) while submitting the bid on GeM tender. Further, MSE are
required to upload relevant documents in bid as per provision of tender. However,
evaluation and applicability of EMD exemption and purchase preference policy will be
based on the confirmations & documents submitted by the bidder in the their bid
irrespective of selection/option made on GeM portal.
Bidders are required to select the applicable purchase preference (i.e. preference
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category) option while submitting the bid on GeM portal. However, evaluation and
applicability of purchase preference policy will be based on the confirmations &
documents submitted by the bidder in the their bid irrespective of selection/option made
on GeM portal.
[F] – AWARD OF CONTRACT

35 AWARD
Subject to "ITB: Clause-29", GAIL will award the Contract to the successful Bidder whose
Bid has been determined to be substantially responsive and has been determined as the lowest
provided that bidder, is determined to be qualified to satisfactorily perform the Contract.
“GAIL intent to place the contract directly on the address from where Services are to be
rendered. In case, bidder wants contract at some other address or Services are to be rendered
from multiple locations, bidder is required to provide in their bid, the address on which
contract is to be placed”.
GAIL will place the Contract directly on the successful bidder from whom the bid has been
received & evaluated and will not place order on other entities such as subsidiary, business
associate or partner, dealer/distributor etc. of the Bidder.
36 NOTIFICATION OF AWARD / FAX OF ACCEPTANCE
36.1 Prior to the expiry of ‘Period of Bid Validity’, Notification of Award for acceptance of the Bid
will be intimated to the successful Bidder by GAIL either by E - mail /Letter or like means
defined as the “Fax of Acceptance (FOA)”. The Contract shall enter into force on the date of
FOA and the same shall be binding on GAIL and successful Bidder (i.e. Service Provider).
The Notification of Award/FOA will constitute the formation of a Contract. The detailed GeM
Contract / Letter of Acceptance shall be issued thereafter incorporating terms & conditions of
Tender Document, Corrigendum, Clarification(s), Bid and agreed variation(s)/acceptable
deviation(s), if any. GAIL may choose to issue Notification of Award in form of detailed GeM
Contract / Letter of Acceptance without issuing FOA and in such case the Contract shall enter
into force on the date of detailed GeM Contract / Letter of Acceptance only.
36.2 Contract period shall commence from the date of "Notification of Award" or as mentioned in
the Notification of Award. The "Notification of Award" will constitute the formation of a
Contract, until the Contract has been effected pursuant to signing of Contract Agreement as
per "ITB: Clause-37".
36.3 Upon the successful Bidder's / Contractor's furnishing of 'Contract Performance Security /
Security Deposit', pursuant to "ITB: Clause-38", GAIL will promptly discharge his 'Earnest
Money Deposit / Bid Security', pursuant to "ITB: Clause-16".
36.4 The Order/ contract value mentioned above is subject to Price Reduction Schedule clause.
36.5 GAIL will award the Contract to the successful Bidder, who, within 'fifteen [15] days' shall
acknowledge.
36.6 In addition to GeM Contract(s), GAIL will place SAP generated Order(s) / Contract(s)
outside GeM portal for execution of Order(s) / Contract(s) and payment to suppliers
outside GeM portal. SAP Order(s)/Contract(s) will be generated by mentioning unit price
excluding GST, quantity and percentage of GST. Thus, break-up of quoted prices as per
format of price schedule shall be provided by bidders post price bid opening, based on
request from GAIL.
37 SIGNING OF AGREEMENT
37.1 The successful Bidder/Service Provider shall be required to execute an 'Agreement' in the
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proforma given in this Bidding Document on a 'non-judicial stamp paper' of appropriate value
[cost of the 'stamp-paper' shall be borne by the successful Bidder/Service Provider] and of '
State of India' specified in Bidding Data Sheet (BDS) only, within 'fifteen [15] days' of receipt
of the "Fax of Acceptance [FOA]" of the Tender by the successful Bidder/Service Provider
failure on the part of the successful Bidder/Contractor to sign the 'Agreement' within the above
stipulated period, shall constitute sufficient grounds for forfeiture of EMD/Action as per Bid
Security declaration. However, signing of Agreement shall not be applicable in cases wherein
the individual contract value as specified in Notification of Award is less than INR 10 Lakh
(exclusive of GST).
37.2 Bidders can request Bilingual (Hindi & English) Contract Agreement. The format for signing
Contract Agreement in English is attached with this Bidding Document.
38 CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT [CPS/SD]
38.1 Within 30 days of the receipt of the notification of award/ Fax of Acceptance from GAIL, the
successful bidder shall furnish the Contract Performance Security (CPS) in accordance with
of General Conditions of the Contract. The CPS shall be in the form of either Banker’s Cheque
or Demand Draft or Insurance Surety Bond or Fixed Deposit Receipt or Bank Guarantee or
Letter of Credit and shall be in the currency of the Contract. However, there shall be no
Contract Performance security / PBG requirement for contracts:
a) Placed under Direct Purchase / L-1 Purchase Option under Para (i) and (ii) of GFR rule 149;
b) Placed through Bids / RA with estimated bid value up to Rs 5 Lakh (in case of Goods
contracts); and
c) Placed through Bids / RA with estimated bid value up to Rs 5 Lakh (in case of Services
contracts)
38.2 The contract performance security shall be for an amount equal to specified in Bidding Data
Sheet (BDS) towards faithful performance of the contractual obligations and performance of
equipment. For the purpose of CPS, Contract/order value shall be exclusive of GST (CGST
& SGST/UTGST or IGST).
Bank Guarantee towards CPS shall be from any Indian scheduled bank (excluding Co-
operative banks and Regional Rural bank) or a branch of an International bank situated in India
and registered with Reserve bank of India as scheduled foreign bank. However, in case of
bank guarantees from banks other than the Nationalized Indian banks, the bank must be a
commercial bank having net worth in excess of Rs 100 crores and a declaration to this effect
should be made by such commercial bank either in the Bank Guarantee itself or separately on
its letterhead.
38.3 The Service Provider shall submit CPS as per Form F-4 of Tender Document only but not as
per format of GeM. Further, they also submit covering letter along with CPS as per format at
F-4.
38.4 Failure of the successful bidder to comply with the requirements of this article shall constitute
sufficient grounds for consideration of the annulment of the award and forfeiture of the EMD
/ action as per declaration for Bid Security
38.5 The CPS has to cover the entire contract value including extra works/services also. As long as
the CPS submitted at the time of award take cares the extra works/ services executed and total
executed value are within the awarded contract price, there is no need for additional CPS. As
soon as the total executed value is likely to burst the ceiling of awarded contract price, the
Service Provider should furnish additional CPS.
38.6 Further, Ministry of Finance (MOF) Department of financial service has issued direction for
submission of Bank Guarantee through online vide letter ref number F.No.7/112/2011-BOA
dated 17th July 2012. The successful bidder can submit CPS online through issuing bank to
GAIL directly as per the above direction including its revisions, if any. In such cases
confirmation will not be sought from issuing banker by GAIL.
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38.7 In addition to existing specified form (i.e. Demand Draft (DD)/ Banker’s Cheque/ Bank
Guarantee/Letter of Credit) mentioned in tender documents for submission of Security
Deposit/ Contract Performance Security, the successful bidder can also submit the Security
Deposit/ Contract Performance Security through online banking transaction i.e.
IMPS/NEFT/RTGS/SWIFT etc. For this purpose, the details of GAIL’s Bank Account is
mentioned in BDS. Further, in case a successful Bidder is willing to furnish CPS through
SWIFT, the details may be obtained from Purchase Officer immediately after receipt of FOA.
While remitting such online transaction, the bidder must indicate “Security Deposit/ Contract
Performance Security against FOA/DLOA no. _______ (service provider to specify the
FOA/DLOA No.)” under remarks column of such transaction of respective bank portal. The
contractor/vendor shall be required to submit the successful transaction details to the dealing
officer immediately through email/letter and necessarily within 30 days from the date of Fax
of Acceptance.”
38.8 In case of forfeiture of Contract Performance Security/ Security Deposit in terms of GCC, the
forfeited amount will be considered inclusive of tax and tax invoice will be issued by GAIL.
The forfeiture amount will be subject to final decision of GAIL based on other terms and
conditions of order/ contract.
38.9 CPBG/Security Deposit will not be accepted in case the same has reference of
‘remitter’/’financer’ other than bidder on the aforementioned financial instrument of CPBG/
Security Deposit submitted by the Service Provider.
38.10 The first payment to vendor is to be released only after submission of CPS / Security Deposit
(SD).
38.11 Before the CPS / Security Deposit (SD) is released a "No Claim Certificate" is to be submitted
by the supplier/vendor.
38.12 CPBG/SD/CPS shall be submitted within 30 days from the date of Award/FOA. In case, GAIL
allows additional time for submission of CPBG/SD beyond 30 days, a penal interest of
Marginal Cost of Fund based Lending Rate (MCLR) for one year charged by SBI (applicable
on due date of submission of CPBG/SD i.e. 30th day after issuance of FOA/Notification of
award) plus 4.0% p.a (on CPBG/SD amount) shall be charged for delay beyond 30 days i.e.
from 31st days after issuance of FOA.
39 PROCEDURE FOR ACTION IN CASE CORRUPT/ FRAUDULENT/COLLUSIVE/

COERCIVE PRACTICES
39.1 Procedure for action in case Corrupt/ Fraudulent/Collusive/Coercive Practices shall be as per
Appendix-1 of General Conditions of Contract- Services.
39.2 The Fraud Prevention Policy document is available on GAIL’s website (www.gailonline.com)
39.3 Name and contact details of nodal officer are mentioned in BDS.
39.4 NON-APPLICABILITY OF ARBITRATION CLAUSE IN CASE OF BANNING OF
VENDORS/ SUPPLIERS / CONTRACTORS/BIDDERS/ CONSULTANTS
INDULGED IN FRAUDULENT/ COERCIVE PRACTICES
Notwithstanding anything contained contrary in GCC and other "CONTRACT
DOCUMENTS", in case it is found that the Service Provider/Bidders indulged in fraudulent/
coercive practices at the time of bidding, during execution of the contract etc., and/or on other
grounds as mentioned in GAIL’s “Procedure for action in case
Corrupt/Fraudulent/Collusive/Coercive Practices”, the service provider/bidder shall be banned
(in terms of aforesaid procedure) from the date of issuance of such order by GAIL (India) Ltd.,
to such Service Providers/Bidders.
The Service Provider/ Bidder understands and agrees that in such cases where Service
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Provider/ Bidder has been banned (in terms of aforesaid procedure) from the date of issuance
of such order by GAIL (India) Limited, such decision of GAIL (India) Limited shall be final
and binding on such Service Provider/ Bidder and the ‘Arbitration clause’ in the GCC and
other "CONTRACT DOCUMENTS" shall not be applicable for any consequential issue
/dispute arising in the matter.
40 PUBLIC PROCUREMENT POLICY FOR MICRO AND SMALL ENTERPRISES
40.1 Following provision has been incorporated in tender for MSEs, in line with notification of
Government of India, vide Gazette of India No. 503 dated 26.03.2012 proclaiming the Public
Procurement Policy on procurement of goods and services from Micro and Small Enterprises
(MSEs)
i) Issue of tender document to MSEs free of cost.
ii) Exemption to MSEs from payment of EMD/Bid Security.
iii) In Tender, participating Micro and Small Enterprises quoting price within price band
of L1 + 15% shall also be allowed to supply a portion of requirement by bringing down
their prices to L1 price in a situation where L1 price is from someone other than a micro
and small enterprises and such micro and small enterprises shall be allowed to supply
upto 25% of the total tendered value. In case of more than one such Micro and Small
Enterprises, the supply shall be shared proportionately (to tendered quantity). Further,
out of above 25%, 4% shall be reserved for MSEs owned by SC/ST entrepreneurs.
Further, 3% shall be reserved for MSEs owned by women within above 25%
reservation. The respective quota(s) shall be transferred to other MSEs in case of non-
availability of MSEs owned by SC/ST entrepreneurs / MSEs owned by Women.
The quoted prices against various items shall remain valid in case of splitting of
quantities of the items above.
In case tendered item is non-splitable or non- dividable (specified in Bid Data Sheet),
MSE quoting price within price band L1 (other than MSE) + 15% , may be awarded
for full/ complete supply of total tendered value subject to matching of L1 price.
40.2 The MSE(s) owned by SC/ST Entrepreneurs shall mean:-

a) In case of proprietary MSE, Proprietor(s) shall be SC/ST.
b) In case of partnership MSE, the SC/ST partners shall be holding atleast 51% share in
the unit
c) In case of private Limited Companies, at least 51% share is held by SC/ST. If the MSE
is owned by SC/ST Entrepreneurs, the bidder shall furnish appropriate documentary
evidence in this regard.
The MSE(s) owned by Women shall mean:-

a) In case of proprietary MSE, Proprietor(s) shall be Women.
b) In case of partnership MSE, the Women partners shall be holding atleast 51% share in
the unit
c) In case of private Limited Companies, at least 51% share is held by Women. If the
MSE is owned by Women Entrepreneurs, the bidder shall furnish appropriate
documentary evidence in this regard.
40.3 In case Bidder is a Micro or Small Enterprise, the Bidder shall submit Udyam Registration
Certificate for availing benefit under Public Procurement Policy for MSEs-2012.
Vide Gazette notification dated 18.10.2022 of Ministry of MSME, the following is notified:
“In case of an upward change in terms of investment in plant and machinery or equipment or
turnover or both, and consequent re-classification, an enterprise shall continue to avail of all
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nontax benefits of the category (micro or small or medium) it was in before the re-
classification, for a period of three years from the date of such upward change”
Accordingly, in case of upward change in status, MSE bidder is required to submit the
previous certificate also to get the MSE benefits.
The above documents submitted by the bidder shall be duly certified by the Chartered
Accountant (not being an employee or a Director or not having any interest in the bidder’s
company/firm) and notary public with legible stamp.
If the bidder does not provide the above confirmation or appropriate document or any evidence,
then it will be presumed that they do not qualify for any preference admissible in the Public
Procurement Policy (PPP) 2012.
MSEs are advised to update their latest status on GeM portal also to avoid complications during
the evaluation.
Further, MSEs who are availing the benefits of the Public Procurement Policy (PPP) 2012 get
themselves registered with MSME Data Bank being operated by NSIC, under SME Division,
M/o MSME, in order to create proper data base of MSEs which are making supplies to CPSUs.
40.4 If against an order placed by GAIL, successful bidder(s) (other than Micro/Small Enterprise)
is procuring material/services from their sub-vendor who is a Micro or Small Enterprise as
per provision mentioned at clause no.40.3 abovewith prior consent in writing of the purchasing
authority/Engineer-in-charge, the details like Name, Registration No., Address, Contact No.
details of material & value of procurement made, etc. of such Enterprises shall be furnished
by the successful bidder at the time of submission of invoice/Bill.
40.5 The benefit of policy are not extended to the traders/dealers/ Distributors
/Stockiest/Wholesalers.
40.6 NSIC has initiated a scheme of “Consortia and Tender Marketing Scheme” under which they
are assisting the Micro & Small enterprises to market their products and services through
tender participation on behalf of the individual unit or through consortia.
Accordingly, if the MSEs or the consortia, on whose behalf the bid is submitted by NSIC, is
meeting the BEC and other terms and conditions of tender their bid will be considered for
further evaluation. Further, in such cases a declaration is to be submitted by MSE/ consortia
on their letter head (s) that all the terms and conditions of tender document shall be acceptable
to them.
40.7 It may be noted that Government of India has implemented Trade Receivable Discounting
System (TReDS) to address challenges faced by MSMEs in delayed payments (after
receipt/acceptance of Material/Services) from Government buyers leading to shortfall of
Working Capital. TReDS is an online electronic institutional mechanism for facilitating the
financing of trade receivables of MSMEs through multiple financiers. GAIL is already
registered on the following TReDS platform:
 M/s Receivable Exchange of India (RXIL), Mumbai
 M/s Mynd Solutions Private Limited (Mynd), New Delhi
 M/s A. TREDS (Invoicemart), Mumbai
MSME Bidders are required to register on the TReDS platform. The MSME vendors can avail
the TReDS facility, if they want to.
40.8 Interest payment on delayed payments to MSME is payable in line with Micro, Small and
Medium Enterprises Development Act, 2006
41 AHR ITEMS
In item rate contract where the quoted rates for the items exceed 50% of the estimate rates,
such items will be considered as Abnormally High Rates (AHR) items and payment of AHR
items beyond the SOR stipulated quantities shall be made at the lowest amongst the following
rates:
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I) Rates as per SOR, quoted by the Service Provider/Bidder.

II) Rate of the item, which shall be derived as follows:
a. Based on rates of Machine and labour as available from the contract (which
includes service provider’s supervision, profit, overheads and other expenses).
b. In case rates are not available in the contract, rates will be calculated based on
prevailing market rates of machine, material and labour plus 15% to cover
Service Provider’s supervision profit, overhead & other expenses.
42 VENDOR PERFORMANCE EVALUATION

Shall be as stipulated at Appendix-2 of General Conditions of Contract- Services
43 INCOME TAX & CORPORATE TAX

43.1 Income tax deduction shall be made from all payments made to the contractor as per the rules
and regulations in force and in accordance with the Income Tax Act prevailing from time to
time.
43.2 Corporate Tax liability, if any, shall be to the contractor’s account.
43.3 TDS
(i) TDS, wherever applicable, shall be deducted as per applicable act/law/rule.
(ii) Higher rate of TDS for non-filers of ITR
As per Section 206AB of Income Tax Act, 1961, in case of any vendor/customer who
does not filed their Income Tax Return for both of the two previous years preceding to
current year and aggregate amount of TDS is more than or equal to 50,000/- in each of
those previous two years (or limit defined by Govt. from time to time), then TDS will
be deducted at the higher of following rates:
(I) Twice the rate mentioned in relevant TDS section.
(II) Twice the rate or rates in force
(III) 5%
43.4 MENTIONING OF PAN NO. IN INVOICE/BILL
As per CBDT Notification No. 95/2015 dated 30.12.2015, mentioning of PAN no. is
mandatory for procurement of goods / services/works/consultancy services exceeding Rs. 2
Lacs per transaction or as amended from time to time.
Accordingly, service provider should mention their PAN no. in their invoice/ bill for any
transaction exceeding Rs. 2 lakhs or as amended from time to time. As provided in the
notification, in case service provider do not have PAN no., they have to submit declaration in
Form 60 along with invoice/ bill for each transaction.
Payment of service provider shall be processed only after fulfilment of above requirement.
44 DISPUTE RESOLUTION MECHANISM
44.1 QUARTERLY CLOSURE OF THE CONTRACT AND SAMADHAN MECHANISM

During execution of orders, various issues may arise. In order to timely detect and to address
the contractual issue(s) during the execution of contracts, GAIL has introduced a mechanism
of Quarterly Closure of the contract, under which all the related issues /disputes will be
monitored and addressed on quarterly basis for resolution. Vendor (hereinafter referred
‘Vendor’) should first refer any issues/disputes to Engineer-in-Charge (EIC) for
LOA/contracts/ Dealing C&P Executive for Purchase Orders and co-operate them for smooth
execution of the contract and to timely address the issues, if any. For applicability of ‘Quarterly
Closure’, please refer BDS.
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In case issue is not resolved by above, Supplier may submit their issue(s) to Vendor Grievance
Portal “Samadhan”, which will be addressed by GAIL within 15 days. The Samadhan Portal
is available at https://gailebank.gail.co.in/grievance/welcome.aspx .
Accordingly, the methodology for resolution of issue(s)/ grievance (s) of Vendor/Supplier
shall be as under:
(i) Any issue should be first referred to EIC for LOA/contracts/ Dealing C&P Executive for
Purchase Orders.
(ii) In case issue is not resolved, Vendor may submit their issue/ grievance through online
Vendor Grievance Portal-“Samadhan”.
(iii) In case, Vendor is not satisfied, there is a provision of escalation of issue to higher
authority in GAIL. This option is available two times to vendor.
(iv) Further, issue(s) can only be submitted upto 1 month after closure of respective Contract.
(v) Vendor should refer their issue/ grievance through above mode only. Issue/ grievance
received through any other mode shall not be entertained.
44.2 CONCILIATION AND ARBITRATION
1.0 CONCILIATION
GAIL (India) Limited has framed the Conciliation Rules 2010 in conformity with Part – III
of the Arbitration and Conciliation Act 1996 as amended from time to time for speedier, cost
effective and amicable settlement of disputes through conciliation. All issue(s)/dispute(s)
arising under the Contract, which cannot be mutually resolved within a reasonable time as per
clause no. 44.1, may be referred for conciliation in accordance with GAIL Conciliation Rules
2010 as amended from time to time A copy of the said rules have been made available on
GAIL’s web site i.e www.gailonline.com.
Where invitation for Conciliation has been accepted by the other party, the Parties shall
attempt to settle such dispute(s) amicably under Part-III of the Arbitration and Conciliation
Act, 1996 and GAIL (India) Limited Conciliation Rules, 2010. It would be only after
exhausting the option of Conciliation as an Alternate Dispute Resolution Mechanism that the
Parties hereto shall invoke Arbitration Clause. For the purpose of this clause, the option of
‘Conciliation’ shall be deemed to have been exhausted, even in case of rejection of
‘Conciliation’ by any of the Parties.
2.0 ARBITRATION
All issue(s)/dispute(s) excluding the matters that have been specified as excepted matters and
listed at clause no. 2.6 and which cannot be resolved through Conciliation, such
issue(s)/dispute(s) shall be referred to arbitration for adjudication by Sole Arbitrator.
The party invoking the Arbitration shall have the option to either opt for Ad-hoc Arbitration
as provided at Clause 2.1 below or Institutionalized Arbitration as provided at Clause 2.2
below, the remaining clauses from 2.3 to 2.7 shall apply to both Ad-hoc and Institutional
Arbitration:-
2.1 On invocation of the Arbitration clause by either party, GAIL shall suggest a panel of
three independent and distinguished persons (Retd Supreme Court & High Court
Judges only) to the other party from the Panel of Arbitrators maintained by ‘Delhi
International Arbitration Centre (DIAC) to select any one among them to act as the
Sole Arbitrator. In the event of failure of the other party to select the Sole Arbitrator
within 30 days from the receipt of the communication from GAIL suggesting the panel
of arbitrators, the right of selection of the sole arbitrator by the other party shall stand
forfeited and GAIL shall appoint the Sole Arbitrator from the suggested panel of three
Arbitrators for adjudication of dispute(s). The decision of GAIL on the appointment of
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the sole arbitrator shall be final and binding on the other party. The fees payable to Sole
Arbitrator shall be governed by the fee Schedule of ‘‘Delhi International Arbitration
Centre’.
OR
2.2 If a dispute arises out of or in connection with this contract, the party invoking the
Arbitration shall submit that dispute to any one of the Arbitral Institutions i.e
ICADR/ICA/DIAC/SFCA and that dispute shall be adjudicated in accordance with
their respective Arbitration Rules. The matter shall be adjudicated by a Sole Arbitrator
who shall necessarily be a Retd Supreme Court/High Court Judge to be
appointed/nominated by the respective institution. The cost/expenses pertaining to the
said Arbitration shall also be governed in accordance with the Rules of the respective
Arbitral Institution. The decision of the party invoking the Arbitration for reference of
dispute to a specific Arbitral institution for adjudication of that dispute shall be final
and binding on both the parties and shall not be subject to any change thereafter. The
institution once selected at the time of invocation of dispute shall remain unchanged.
2.3 The cost of arbitration proceedings shall be shared equally by the parties.
2.4 The Arbitration proceedings shall be in English language and the seat, venue and place
of Arbitration shall be New Delhi, India only.
2.5 Subject to the above, the provisions of Arbitration & Conciliation Act 1996 and any
amendment thereof shall be applicable. All matter relating to this Contract and arising
out of invocation of Arbitration clause are subject to the exclusive jurisdiction of the
Court(s) situated at New Delhi.
2.6 List of Excepted matters:
a) Dispute(s)/issue(s) involving claims below Rs 25 lakhs and above Rs 25 crores.
b) Dispute(s)/issue(s) relating to indulgence of Contractor/Vendor/Bidder in
corrupt/fraudulent/collusive/coercive practices and/or the same is under
investigation by CBI or Vigilance or any other investigating agency or
Government.
c) Dispute(s)/issue(s) wherein the decision of Engineer-In-Charge/owner/GAIL
has been made final and binding in terms of the Contract.
2.7. Disputes involving claims below Rs 25 Lakhs and above Rs. 25 crores:- Parties
mutually agree that dispute(s)/issue(s) involving claims below Rs 25 Lakhs and above
Rs 25 crores shall not be subject matter of Arbitration and are subject to the exclusive
jurisdiction of the Court(s) situated at New Delhi.
3. GOVERNING LAW AND JURISDICTION:
The Contract shall be governed by and construed in accordance with the laws in force
in India. The Parties hereby submit to the exclusive jurisdiction of the Courts situated
at New Delhi for adjudication of disputes, injunctive reliefs, actions and proceedings,
if any, arising out of this Contract.
45. DISPUTES BETWEEN CPSE’S/GOVERNMENT DEPARTMENT’S/

ORGANIZATIONS
Subject to conciliation as provided above, in the event of any dispute (other than those related
to taxation matters) or difference relating to the interpretation and application of the provisions
of commercial contract(s) between Central Public Sector Enterprises (CPSEs/ Port Trusts)
inter se and also between CPSEs and Government Departments /Organizations), such dispute
or difference shall be taken up by either party for resolution only through AMRCD as
mentioned in OPE OM No. 4(1)/2013-DPE(GM)/FTS-1835 dated 22-05-2018.
- 57 -
Any party aggrieved with the decision of the Committee at the First level (tier) may prefer an
appeal before the Cabinet Secretary at the Second level (tier) within 15 days from the date of
receipt of decision of the Committee at First level, through it's administrative
Ministry/Department, whose decision will be final and binding on all concerned.
The above provisions mentioned at clause no.44 & 45 shall supersede provisions relating to
Conciliation, Arbitration, Governing Law & Jurisdiction and Disputes between CPSE’s/
Government Department’s/ Organizations mentioned in General Conditions of Contract
(GCC) and elsewhere in tender document.
46. INAM-PRO (PLATFORM FOR INFRASTRUCTURE AND MATERIALS

PROVIDERS)
Not Applicable
47 PROMOTION OF PAYMENT THROUGH CARDS AND DIGITAL MEANS
To promote cashless transactions, the onward payments by Contractors to their employees,

service providers, sub-contractors and suppliers may be made through Cards and Digital means
to the extent possible
48 CONTRACTOR TO ENGAGE CONTRACT MANPOWER BELONGING TO

SCHEDULED CASTES AND WEAKER SECTIONS OF THE SOCIETY
While engaging the contractual manpower, Contractors are required to make efforts to provide
opportunity of employment to the people belonging to Scheduled Castes and weaker sections
of the society also in order to have a fair representation of these sections.
49. PROVISIONS FOR STARTPUS (AS DEFINED IN GAZETTE NOTIFICATION NO.

D.L-33004/99 DATED 18.02.2016 AND 23.05.2017 OF MINISTRY OF COMMERCE
AND INDUSTRY AND AS AMENDED FROM TIME TO TIME) [FOR
APPLICABLITY REFER BDS]
As mentioned in Section-II, Prior turnover and prior experience shall not be required for all
Startups [whether Micro & Small Enterprises (MSEs) or otherwise] subject to their meeting
the quality and technical specifications specified in tender document and submission of
document specified in Section -II. Further, the Startups are also exempted from submission of
EMDs (if applicable).
If a Startup emerge lowest bidder, the LoA on such Startup shall be placed for entire tendered
quantity/group/item/part (as the case may be). However, during the Kick of Meeting monthly
milestones/ check points would be drawn. Further, the performance of such contractor/ service
provider will be reviewed more carefully and action to be taken as per provision of contract
in case of failure/ poor performance.
50. PROVISION REGARDING INVOICE FOR REDUCED VALUE OR CREDIT NOTE

TOWARDS PRS
PRS is the reduction in the consideration / contract value for the services covered under this
contract. In case of delay in execution of contract, service provider should raise invoice for
reduced value as per Price Reduction Schedule Clause (PRS clause). If service provider has
raised the invoice for full value, then service provider should issue Credit Note towards the
applicable PRS amount with applicable taxes.
In such cases if service provider fails to submit the invoice with reduced value or does not
- 58 -
issue credit note as mentioned above, GAIL will release the payment to service provider after
giving effect of the PRS clause with corresponding reduction of taxes charged on service
provider’s invoice, to avoid delay in payment.
In case any financial implication arises on GAIL due to issuance of invoice without reduction
in price or non-issuance of Credit Note, the same shall be to the account of service provider.
GAIL shall be entitled to deduct / setoff / recover such GST amount (CGST & SGST/UTGST
or IGST) together with penalties and interest, if any, against any amounts paid or becomes
payable by GAIL in future to the service provider under this contract or under any other
contract.
51. UNIQUE DOCUMENT IDENTIFICATION NUMBER BY PRACTICING

CHARTERED ACCOUNTANTS
Practicing Chartered Accountants shall generate Unique Document Identification Number
(UDIN) for all certificates issued by them as per provisions of Tender Document.
However, UDIN may not be required for documents being attested by Chartered Accountants
in terms of provisions of Tender Document.
52. ANJANI PORTAL
GAIL has implemented “Anjani" e-Measurement Book & e-Billing Portal for ease in
submission of measurement book/bill and reduction in paper transaction.
Accordingly, GAIL will process the Bill with Measurement Book through "Anjani" e-
Measurement Book & e-Billing Portal (link:
https://gailebank.gail.co.in/MBAutomation/frmlogin.aspx). Accordingly, Contractor/ Service
Provider/ Consultant is requested to forward the RA Bill on "Anjani" e-Measurement Book &
e-Billing Portal through concerned EIC/CIC/SIC, whichever is applicable.
Further, User Manual is also available on aforesaid portal.
53. DOCUMENTS FOR PAYMENT:

Payment terms shall be as mentioned in GCC-Services/SCC.
However, for release of payment, Service Provider is required to submit invoice along with
other documents as mentioned in SCC. The final bill is to be submitted within one month
after completion.
Further, GAIL is in process of implementing Vendor Invoice Management (VIM). After

implementation of same (to be communicated separately), Service Provider / Vendor to
forward the invoice on VIM Collection Center or upload digital invoice on Portal (details
of same will be provided separately). The copy of invoice and all other document
mentioned above or in order/ contract is to be forwarded to address provided in
order/contract.
54. ORDER TRANSMITTAL SYSTEM: [FOR APPLICABILITY OF THE CLAUSE

REFER BDS]
The complete PO/LOA along with all annexures including tender document shall be shared
through order/contract transmittal system after intimation through email.
Supplier/Contractor is requested to visit https://gailonline.com/home.html and click on link
order/contract transmittal system (It can be found under Vendor Zone (Portal For
Suppliers)) or https://gailebank.gail.co.in/GOGA_AUDIT/frmUserLogin.aspx.
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Therein, in order to access the detailed order/contract, supplier/contractor shall be

prompted to enter your email id. Further an OTP shall be sent on your registered mobile
number. After entering OTP, supplier/contractor shall be allowed to download complete
PO/LOA along with all annexures including tender document. After downloading the
documents, the supplier/contractor shall be required to digitally sign the document (by
authorized signatory) for uploading the documents on order/contract transmittal system
towards acknowledgement of the same.
55. ASSIGNMENT/SUBLET
The following is added to the Clause no. 2.23 of General Conditions of Contract (GCC)-
Services:
(i) Procurement of material, hire of equipment or engagement of labour will not mean
sub-contracting.
(ii) Sub-contracting by the contractor without the approval of GAIL shall be a breach
of contract, unless explicitly permitted in the contract.
56. Vendor Invoice Management (VIM)
GAIL has implemented Vendor Invoice Management (VIM) system titled as ‘SARATHI’ for
automation, digitization & centralization of Account Payable process w.e.f. 01.04.2023.
After implementation, Supplier/ Contractor/Service Provide/ Consultant is required to upload

digital invoice on 'Sparsh' portal. The system optimizes and simplifies the process of receiving,
managing, monitoring and forwarding invoices for payment process. The link of 'Sparsh' portal
is as under: https://sparsh.gail.co.in/flipper/#/login
The 'Help Manual' hyperlink to access the detailed User Manual, Demo Videos, FAQ’s and
other relevant information is available on 'Sparsh' portal.
Only digital invoice is to be uploaded on 'Sparsh' portal and all other supporting documents
along with copy of invoice are to submitted to concerned as defined in Purchase Order (PO)/
Letter of Acceptance (LoA).
Further, vendors/contractors would be required to mention details of Purchase Order/ Letter of

Acceptance number on the face of Invoice.
Invoices should be system generated and no handwritten invoices shall be eligible for OCR
conversion..
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ANNEXURE-I to Section-III
BIDDING DATA SHEET (BDS)

ITB TO BE READ IN CONJUNCTION WITH THE FOLLOWING:
A. GENERAL
ITB clause Description
1.1 The Employer/Owner is: GAIL (India) Limited , Noida
2.1 The name of the Services to be performed is: HIRING OF CLOUD-BASED
WEB APPLICATION FIREWALL (WAF) SERVICES FOR GAIL
3 BIDS FROM CONSORTIUM/ JOINT VENTURE- NOT APPLICABLE

B. BIDDING DOCUMENT
8.1 For clarification purposes only, the communication address is:
Bidders are required to submit their queries on GeM portal for clarifications.
C. PREPARATION OF BIDS
11.1.1 (q) Additional documents to be submitted by the Bidder with its Part-I (Techno-
commercial/ Unpriced bid) : SCC & Scope of Work refers.
12 Additional Provision for Schedule of Rate/ Bid Price are as under: Nil
12 & 13 Whether GAIL will be able to avail input tax credit in the instant tender
YES 
NO
Details of Buyer:
Services to be rendered at As mentioned in SCC/SOW.
PAN No. AAACG1209J
GST no. To be communicated to successful bidder.
GAIL Bank details Pl. see below
14 The currency of the Bid shall be INR

16.1, 16.10 In case 'Earnest Money / Bid Security' or “Contract Performance Security” is
and 38.6 in the form of 'Demand Draft' or 'Banker's Cheque', the same should be favor
of GAIL (India) Limited, payable at Noida.
In case of submission through online banking transaction i.e. IMPS / NEFT /
RTGS / SWIFT, etc, the details of GAIL’s Bank account are as under:
Account Holder’s Name: GAIL (India) Limited
Account no.: 32778502099
Bank’s Name: State Bank of India, Sector-2, Noida, Uttar Pradesh - 201301
IFSC Code: SBIN0005936
Bidder to mention reference no. “EMD/22237” in narration while remitting the

EMD / Bid Security amount and to mention reference no. “CPS/22237” in
narration while remitting the CPS amount in GAIL’s Bank Account.
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D. SUBMISSION AND OPENING OF BIDS

4.0 of IFB For the submission of physical document as per clause no. 4.0 of IFB, the Owner’s
address is :
Sh.Sanjay Singh
Ch. Manager (C&P)
GAIL India Limited
Jubilee Tower, B-35 & 36,
Sector-1, Noida-201301 (UP)
Email: sanjay_singh@gail.co.in
E. EVALUATION, AND COMPARISON OF BIDS
32 Evaluation Methodology is mentioned in Section-II.
In case of Tie, Tie-breaker methodology of GeM Shall be applicable.
F. AWARD OF CONTRACT
37 State of India which stamp paper is required for Contract Agreement: Uttar
Pradesh or Bidders state
38 Contract Performance Security/ Security Deposit
APPLICABLE 
NOT APPLICABLE
As per clause no. 7 of Special Condition of Contract (SCC) of the tender
39.3 Name and contact details of nodal officer are as under:

Shri S K Gupta
Tel: 011-26182955
Email: sk.gupta@gail.co.in
40 Whether tendered item is non-split able or not-divisible :
YES 
NO
Tendered item is non-split able or not-divisible

41 Provision of AHR Item :
APPLICABLE 
NOT APPLICABLE
44.1 Quarterly Closure of Contract

APPLICABLE 
NOT APPLICABLE
49 Applicability of provisions relating to Startups:
APPLICABLE
NOT APPLICABLE 
54 Applicability of provisions relating to Order Transmittal System:
APPLICABLE 
NOT APPLICABLE
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ANNEXURE-II TO SECTION-III
POLICY TO PROVIDE PURCHASE PREFERENCE AS PER PUBLIC PROCUREMENT

(PREFERENCE TO MAKE IN INDIA), ORDER 2017
1.0 Ministry of Petroleum & Natural Gas vide Notification No. FP-20013/2/2017-FP-PNG-Part(4)
(E-41432) dated 26.04.2022 has notified that Public Procurement (Preference to Make in
India), Order 2017 (PPP-MII) issued by DPIIT and as amended from time to time shall be
applicable to all the Public Sector Undertakings and their wholly owned subsidiaries under
MoP&NG with certain modifications.
2.0 The Public Procurement (Preference to Make in India), Order 2017 (PPP-MII) issued by DPIIT
to encourage ‘Make in India’ and promote manufacturing & production of goods and services
in India with a view to enhancing income and employment.
3.0 DEFINITIONS:-
(i) Local Content means the amount of value added in India which shall, unless otherwise
prescribed by the Nodal Ministry, be the total value of item procured (excluding net domestic
indirect taxes) minus the value of imported content in the item (including all custom duties) as
a proportion of the total value, in percent.
Further Local value addition through services such as transportation, insurance, installation,
commissioning, training, and after sale support like AMC/CMC etc. shall be considered in
local content calculation.
(ii) ‘Class-I local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, meets the minimum local content of equal to or more than 50%.
‘Class-II local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, meets the minimum local content of more than 20% but less than
50%.
‘Non - Local supplier’ means a supplier or service provider, whose goods, services or works
offered for procurement, has local content less than or equal to 20%.
(iii) L1 mean the lowest tender or lowest bid or the lowest quotation received in a tender, bidding
process or other procurement solicitation as adjudged in the evaluation process as per tender
or other procurement solicitation.
(iv) Margin of Purchase Preference: means the maximum extent to which the price quoted by
a Class-I local supplier may be above the L1 for purpose of purchase Preference.
(v) Nodal Ministry means the Ministry of Petroleum & Natural Gas
(vi) Procuring Entity means GAIL (India) Limited (GAIL)
(vi) Works means all the works as per Rule 130 of GFR-2017 also include ‘turnkey works’
4.0 Margin of Purchase Preference: The margin of purchase preference shall be 20%.
- 63 -
5.0 ELIGIBILITY OF ‘CLASS-I LOCAL SUPPLIER’/ ‘CLASS-II LOCAL SUPPLIER’/

‘NON-LOCAL SUPPLIERS’ FOR DIFFERENT TYPES OF PROCUREMENT
(a) In procurement of all goods, services or works in respect of which the Nodal Ministry
/ Department has communicated that there is sufficient local capacity and local
competition, only 'Class-I local supplier', shall be eligible to bid irrespective of purchase
value.
(b) Only ‘Class-I local supplier’ and ‘Class-II local supplier’, shall be eligible to bid in
procurements undertaken by procuring entities, except when Global tender enquiry/
International Competitive bidding has been issued. In global tender enquiries/
International Competitive bidding ‘Non local suppliers' shall also be eligible to bid
along with ‘Class-I local suppliers' and ‘Class-II local suppliers'.
(c) Works includes Engineering, Procurement and Construction (EPC) contracts and
services include System Integrator (SI) contracts
(d) HP-HT Operations in upstream oil and gas business activities shall be exempted from
this order.
6.0 PURCHASE PREFERENCE METHODOLOGY UNDER PPP-MII (SUBJECT TO

QUANTITY DISTRIBUTION APPLICABLE TO MSES AS PER PUBLIC
PROCUREMENT POLICY FOR MSE 2012, REFER EXAMPLES GIVEN BELOW):
(a) Purchase preference shall be given to ‘Class-I local supplier’ in procurements in the
manner specified here under.
(b) In the procurements of goods or works which are cover by para 5 (b) above and which are
divisible in nature, the ‘Class-I local supplier’ shall get purchase preference over ‘Class-II
local supplier’ as well as ‘Non-local supplier’, as per following procedure:
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is ‘Class-I local
supplier’, the contract for full quantity will be awarded to L1.
ii. If L1 bid is not a ‘Class-I local supplier’, 50% of the order quantity shall be awarded
to L1. Thereafter, the lowest bidder among the 'Class-I local supplier' will be invited
to match the L1 price for the remaining 50% quantity subject to the Class-I local
supplier's quoted price falling within the margin of purchase preference, and contract
for that quantity shall be awarded to such ‘Class-I local supplier’ subject to matching
the L1 price. In case such lowest eligible ‘Class-I local supplier' fails to match the
L1 price or accepts less than the offered quantity, the next higher ‘Class-I local
supplier’ within the margin of purchase preference shall be invited to match the L1
price for remaining quantity and so on, and contract shall be awarded accordingly.
In case some quantity is still left uncovered on Class-I local suppliers, then such
balance quantity may also be ordered on the L1 bidder.
(c) In the procurements of goods or works which are covered by para 5 (b) and which are not
divisible in nature, and in procurement of services where the bid is evaluated on price
alone, the ‘Class-I local supplier’ shall get purchase preference over ‘Class-II local
supplier‘ as well as ‘Non-local supplier', as per following procedure:
- 64 -
i. Among all qualified bids, the lowest bid will be termed as L1. If L1 is ‘Class-I
local supplier’, the contract will be awarded to L1.
ii. If L1 is not ‘Class-I local supplier', the lowest bidder among the ‘Class-I local
supplier', will be invited to match the L1 price subject to Class-I local supplier's
quoted price falling within the margin of purchase preference, and the contract
shall be awarded to such 'Class-I local supplier' subject to matching the L1
price.
iii. In case such lowest eligible ‘Class-I local supplier’ fails to match the L1 price,
the ‘Class-I local supplier’ with the next higher bid within the margin of
purchase preference shall be invited to match the L1 price and so on and
contract shall be awarded accordingly. In case none of the ’Class-I local
supplier’ within the margin of purchase preference matches the L1 price, the
contract may be awarded to the L1 bidder.
iv. “Class-II local supplier" will not get purchase preference in any procurement.
(d) Applicability in tenders where contract is to be awarded to multiple bidders - In tenders

where contract is awarded to multiple bidders subject to matching of L1 rates or otherwise
which are covered by para 5 (b), the 'Class-I local supplier' shall get purchase preference
over 'Class II- local supplier' as well as 'Non-local supplier', as per following procedure:
i) If 'Class-I Local suppliers' qualify for award of contract for at least 50% of the tendered
quantity in any tender, the contract may be awarded to all the qualified bidders
as per award criteria stipulated in the bid documents. However, in case 'Class -I Local
suppliers' do not qualify for award of contract for at least 50% of the tendered
quantity, purchase preference should be given to the 'Class-I local supplier' over
'Class-II local suppliers'/ 'Non local suppliers' provided that their quoted rate falls
within 20% margin of purchase preference of the highest quoted bidder considered
for award of contract so as to ensure that the 'Class-I Local suppliers' taken in
totality are considered for award of contract for at least 50% of the tendered quantity.
ii) First purchase preference has to be given to the lowest quoting 'Class-I local supplier',
whose quoted rates fall within 20% margin of purchase preference, subject to its
meeting the prescribed criteria for award of contract as also the constraint of
maximum quantity that can be sourced from any single supplier. If the lowest quoting
'Class-I local supplier', does not qualify for purchase preference because of aforesaid
constraints or does not accept the offered quantity, an opportunity may be given to
next higher 'Class-I local supplier', falling within 20% margin of purchase preference,
and so on.
7.0 In case a bidder (Class-I Local supplier) is eligible to seek benefit under Policy for Preference
under Public Procurement (Preference to Make in India), Order 2017 as well as Public
Procurement Policy for MSE 2012 (PPP for MSE 2012), then the bidder should categorically
confirm its option to choose benefits against only one of the two policies i.e. either PPP-MII
and MSE policy in Form-I. The option once exercised cannot be modified subsequently.
Purchase preference benefits shall be extended to the bidder based on the declared option
subject to the bidder meeting the requirements contained in that purchase preference policy.
- 65 -
In case a MSEs bidder opts for purchase preference based on PPP-MII, such bidder shall not
be entitled to claim purchase preference benefit available to MSE Bidders under PPP-2012.
However, the exemptions from furnishing Bidding Document fee and Bid security/EMD shall
continue to be available to such MSE Bidder.
While for evaluating a particular bid that bidder’s option (to avail any one out of two applicable
purchase preference policies, i.e., PPP-MII or PPP-2012) will be considered, for price
matching opportunities and distribution of quantities among bidders, the precedence shall be
in the following order:-
(i) Public Procurement Policy for MSE 2012

(ii) Public Procurement (Preference to Make in India), Order 2017
8.0 Example to deal Various situations in case a bidder is eligible to seek benefit under Public
Procurement (Preference to Make in India), Order 2017 as well as Public Procurement
Policy for MSE 2012 (PPP for MSE 2012) :
(I) Non divisible item

L1 bidder is non MSE, Non Local supplier/ Class-II local supplier as per PPP-MII
L2 bidder is Class-I Local supplier as per PPP-MII (prices within 20%)
L3 bidder is MSE bidder (prices within 15%)
MSE bidder shall be given preference to match the L1 price. If bidder matches the L1
price, order shall be placed on him, otherwise, option for matching the L1 price shall
be given to L2 bidder (PPP-MII).
(II) Divisible item-Case 1
L1 bidder is non MSE, Non Local supplier/ Class-II local supplier as per PPP-MII
L2 bidder is Class-I Local supplier as per PPP-MII (within 20%)
L3 bidder is MSE bidder (within 15%)
MSE bidder shall be given preference to match the L1 price. If bidder matches the L1
price, order shall be placed on him for the quantity specified in the bidding document
for MSEs (i.e. 25% of the tendered quantity). For 50% of tendered quantity option for
matching the L1 price shall be given to L2 bidder (Class-I Local supplier as per PPP-
MII). Balance quantity (i.e. 25% of the tendered quantity) shall be awarded to original
L1 bidder.
(III) Divisible item-Case 2
L1 bidder is non MSE, Non Local supplier/ Class-II as per PPP-MII

L2 bidder is Class-I Local supplier as per PPP-MII (within 20%)
L3 bidder is MSE bidder (within 15%)
L4 bidder is MSE bidder (within 15%))
MSE bidders shall be given preference to match the L1 price. If bidders matched the
L1 price, order shall be placed on each of them for 12.5% of the tendered quantity. In
case L3 or L4 bidder refuses, the order shall be placed on remaining MSE bidder who
matches the L1 prices for 25% of the quantity. For 50% of tendered quantity option for
matching the L1 price shall be given to L2 bidder (Class-I Local supplier as per PPP-
MII). Balance quantity (i.e. 25% of the tendered quantity) shall be awarded to original
L1 bidder.
- 66 -
(IV) In case L1 bidder is MSE bidder, the entire work shall be awarded to him without
resorting to purchase preference to Class-I Local supplier as per PPP-MII.
(V) In case L1 bidder is a Local supplier as per PPP-MII, purchase preference shall be
resorted to MSE bidder as per PPP 2012 only.
8.0 VERIFICATION OF LOCAL CONTENT/ DOMESTIC VALUE ADDITION
a. The ‘Class-I local supplier’/ ‘Class-II local supplier’ at the time of tender, bidding or
solicitation shall require to indicate percentage of local content and provide self-certification
(as per proforma at Form-2) that the item offered meets the minimum local content for ‘Class-
I local supplier’/ ‘Class-II local supplier’ as the case may be and shall give details of the
location(s) at which the local value addition is made.
b. In cases of procurement for a value in excess of Rs. 10 crores, in addition to Form-2 ‘Class-I
local supplier’/ ‘Class-II local supplier’ shall be required to provide a certificate from the
statutory auditor or cost auditor of the company (in the case of companies) or from a practicing
cost accountant or practicing chartered accountant (in respect of suppliers other than
companies) giving the percentage of local content as per proforma at Form -3.
c. In case a complaint is received by the procuring agency relating to implementation of this order
including the claim of a bidder regarding local content/ domestic value addition, the same
shall be referred to Competent Auhtority who is empowered to look into procurement related
complaints.
d. Nodal Ministry may constitute committees with internal and external experts for independent
verification of self-declarations and auditor's/accountant's certificates on random basis and in
the case of complaints. A complaint fee of Rs.2 Lakh or 1% of the value of the domestically
manufactured products being procured (subject to a maximum of Rs. 5 Lakh), whichever is
higher, shall be paid by Demand Draft to be deposited with GAIL. In case, the complaint is
found to be incorrect, the complaint fee shall be forfeited. In case, the complaint is upheld and
found to be substantially correct, deposited fee of the complainant would be refunded without
any interest.
e. In case of false declarations, GAIL shall initiate action for banning such
manufacturer/supplier/service provider as per as per GAIL’s extant “Procedure for action in
case Corrupt/Fraudulent/Collusive/Coercive Practices”
f. A supplier who has been debarred by any procuring entity for violation of this Order shall not
be eligible for preference under this Order for procurement by any other procuring entity for
the duration of the debarment. The debarment for such other procuring entities shall take effect
prospectively from the date on which it comes to the notice of other procurement entities, in
the manner prescribed under paragraph g below.
g. The Department of Expenditure shall issue suitable instructions for the effective and smooth
operation of this process, so that:
i. The fact and duration of debarment for violation of this Order by any procuring
entity are promptly brought to the notice of the Member-Convenor of
the Standing Committee and the Department of Expenditure through
the concerned Ministry /Department or in some other manner;
- 67 -
ii. on a periodical basis such cases are consolidated and a centralized list or
decentralized lists of such suppliers with the period of debarment is maintained
and displayed on website(s);
iii. in respect of procuring entities other than the one which has carried out the
debarment, the debarment takes effect prospectively from the date of
uploading on the website(s) in the such a manner that ongoing procurements
are not disrupted.
9.0 RECIPROCITY CLAUSE
i. When a Nodal Ministry/Department identifies that Indian suppliers of an item

are not allowed to participate and/ or compete in procurement by any foreign
government, due to restrictive tender conditions which have direct or indirect
effect of barring Indian companies such as registration in the procuring
country, execution of projects of specific value in the procuring country etc., it
shall provide such details to all its procuring entities including CMDs/CEOs of
PSEs/PSUs, State Governments and other procurement agencies under their
administrative control and GeM for appropriate reciprocal action.
ii. Entities of countries which have been identified by the nodal

Ministry/Department as not allowing Indian companies to participate in their
Government procurement for any item related to that nodal Ministry shall not be
allowed to participate in Government procurement in India for all items related
to that nodal Ministry/ Department, except for the list of items published
by the Ministry/ Department permitting their participation.
iii. The term 'entity' of a country shall have the same meaning as under the FDI
Policy of DPIIT as amended from time to time.
- 68 -
FORM-1 TO ANNEXUTE-II TO SECTION-III
UNDERTAKING FOR APPLICABILITY OF POLICY (APPLICABLE FOR MSEs and

CLASS-I LOCAL SUPPLIER ONLY)
To,

___________________
SUB:
TENDER NO:
Dear Sir
We, M/s____________ (Name of Bidder) hereby confirm that following purchase preference to be
considered:-
Description Preference
Purchase Preference under Public Procurement
Policy for MSE
Preference Under Public Procurement
(Preference to Make in India), Order 2017 (PPP-
MII)
Note:
(i) Please indicate your preference against only one policy.
(ii) The above preference shall be extended only after submission of requisite documents (as
mentioned in the tender documents).
(iii) In case a bidder is eligible to seek benefit under PPP-MII order as well as PPP for MSE 2012,
then the bidder should categorically seek benefits against only one of the two policies i.e. either
PPP-MII and MSE policy.
(iv) In case a MSEs bidder opts for purchase preference based on PPP-MII order, he shall not be
entitled to claim purchase preference benefit available to MSE Bidders under PPP for MSE
2012. However, the exemptions from furnishing Bidding Document fee and Bid security/EMD
shall continue to be available to MSE Bidders
(v) The option once exercised cannot be modified subsequently.
(vi) In case MSE bidder is opting the PPP-MII policy and emerges other than L1 bidder, then only
Purchase Preference as per PPP-MSE policy is not applicable.

Date: Name:
Designation:
Seal:
- 69 -
SELF CERTIFICATION BY BIDDER WHO CLASS-I LOCAL SUPPLIER/ CLASS-II

LOCAL SUPPLIER TOWARDS MANDATORY MINIMUM LOCAL CONTENT/
DOMESTIC VALUE ADDITION
(APPLICABLE FOR ALL BIDDERS INCLUDING MSEs)
To,

___________________
SUB:
TENDER NO:
Dear Sir
We, M/s____________ (Name of Bidder) confirm that as per the definition of policy we are:
Class-I Local supplier [ ]
Class-II Local Supplier [ ]
(Bidder is to tick appropriate option ( ) above).
It is further confirm that M/s____________ (Name of Bidder) meet the mandatory minimum Local
content/Domestic Value Addition requirement for Class-I Local supplier/ Class-II Local supplier (as
the case may be) under Public Procurement (Preference to Make in India), Order 2017 (PPP-MII) and
has value addition of ………………………%.
The details of the location (s) at which the local value addition is made is as under:
……………………………
…………………………...
……………………………
We further confirm that in case we fail to meet the minimum local content/domestic value addition,
the same shall be treated false information and GAIL will take action as per provision of tender
document.

Date: Name:
Designation:
Seal:
- 70 -
CERTIFICATE BY STATUTORY AUDITOR/COST AUDITOR/ CHARTERED

ACCOUNTANT OF BIDDER TOWARDS MANDATORY MINIMUM LOCAL CONTENT/
DOMESTIC VALUE ADDITION
(APPLICABLE FOR ALL BIDDERS INCLUDING MSEs)
To,

___________________
SUB:
TENDER NO:
Dear Sir
“We __________ the statutory auditor/ cost auditor/chartered accountant (not an employee of the
company) of M/s._______ (Name of the bidder) hereby certify that as per definition specified in
policy, M/s._______ (Name of the bidder) is
Class-I Local supplier [ ]
Class-II Local Supplier [ ]
It is further confirm that M/s____________ (Name of Bidder) quoted vide offer No. _______ dated
________ against tender No.________ meet the mandatory minimum Local content/Domestic Value
Addition requirement specified for Class-I Local supplier/ Class-II Local supplier (as the case may
be) under Policy for Public Procurement (Preference to Make in India), Order 2017 (PPP-MII) and
has value addition of ………………………% .
Name of Audit Firm: [Signature of Authorized Signatory]

Name:
Date: Designation:
Seal:
Membership no.
Note:
(i) This certificate it to be furnished by the statutory auditor or cost auditor of the company (in the
case of companies) or from a practicing cost accountant or practicing chartered accountant (in
respect of suppliers other than companies)
(ii) The above format is indicative, the statutory auditor/ cost auditor/ cost accountant can modify
the format without changing the intent of certification.
- 71 -
FORMS & FORMAT
- 72 -
LIST OF FORMS & FORMAT
Form Description
No.
F-1 BIDDER’S GENERAL INFORMATION
PROFORMA OF "BANK GUARANTEE" FOR "EARNEST
F-2
MONEY DEPOSIT / BID SECURITY"
F-2A PROFORMA OF DECLARATION FOR BID SECURITY
F-3 LETTER OF AUTHORITY
F-4 PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT
PERFORMANCE SECURITY / SECURITY DEPOSIT"
F-5 AGREED TERMS & CONDITIONS
F-6 ACKNOWLEDGEMENT CUM CONSENT LETTER
F-7 BIDDER’S EXPERIENCE
F-8 CHECK LIST
F-8B CHECK LIST FOR BID EVALUATION CRITERIA (BEC)
QUALIFYING DOCUMENTS
F-9 FORMAT FOR CERTIFICATE FROM BANK
IF BIDDER’S WORKING CAPITAL IS INADEQUATE
F-10 FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE
FOR FINANCIAL CAPABILITY OF THE BIDDER
F-11 BIDDER'S QUERIES FOR PRE BID MEETING
F-12 E-BANKING FORMAT
F-13 INTEGRITY PACT
F-14 FREQUENTLY ASKED QUESTIONS (FAQs)
F-15 UNDERTAKING REGARDING SUBMISSION OF ELECTRONIC
INVOICE (E-INVOICE AS PER GST LAWS)
F-16 FORMAT FOR NO CLAIM CERTIFICATE FOR RELEASE OF
CPS/Security Deposit
- 73 -
F-1
BIDDER'S GENERAL INFORMATION
To,
___________________
TENDER NO:
1 Bidder Name
2 Status of Firm Proprietorship Firm/Partnership firm/ Limited

Liability Partnership (LLP) firm/Public Limited/
Pvt. Limited/ Govt. Dept. / PSU/ Others
If Others Specify:_________________
[Enclose relevant certificates / partnership

deed/certificate of Registration, as applicable]
3a Name of Proprietor/Partners/Directors of
the firm/company
[As per cl.no.4.0 of Section-III of Tender
Document]
3b Name of Power of Attorney holders of
bidder
4 Number of Years in Operation
5 Address of Registered Office:
City:
District:
State:
PIN/ZIP:
Bidder’s address where contract is to be
6 placed
City:
District:
State:
PIN/ZIP:
7 Address from where Services are to be
rendered along with GST no. * City:
(In case Services are to be rendered from
District:
multiple locations, addresses and GST no. of
State:
all such locations are to be provided). PIN/ZIP:
GST No.:
8 Telephone Number/ Mobile no. of address _____________________
where order is to be placed (Country Code) (Area Code) (Telephone
No.)
9 E-mail address
10 Website
11 Mobile Number: ___________________________________
- 74 -
12 ISO Certification, if any {If yes, please furnish details}

13 PAN No.
14 GST No. (refer sl. no. 7 above)
15 EPF Registration No.
16 ESI code No.
17 Whether Micro or Small Enterprise Yes / No

(If Yes, Bidder to submit requisite documents as
specified it ITB:Clause No. 40)
Whether MSE is owned by SC/ST Yes / No
Entrepreneur(s) (If Yes, Bidder to submit requisite documents as
Whether MSE is owned by Women Yes / No
Whether payment is required through Yes / No
TReDS If Yes, please provide the name of portal
……………………………………
18 Whether Bidder is Startups or not Yes / No
specified it ITB: Clause No.50 )
In case of Start-up confirm the following:
(i) Date of its incorporation/ registration
[The certificate shall only be valid for
the entity upto ten years from the date
of its incorporation/ registration]
(ii) Whether turnover for any
financial years since
incorporation/ registration has
exceed Rs.100 Crores.
Note: *
GAIL intent to place the contract directly on the address from where Services are rendered. In case,
bidder wants contract at some other address or Services are to rendered from multiple locations,
bidder is required to provide in their bid, the address on which contract is to be placed.

Date: Name:
Designation:
Seal:
- 75 -
FORMAT F-2
PROFORMA OF "BANK GUARANTEE"

FOR "EARNEST MONEY / BID SECURITY"
(To be stamped in accordance with the Stamp Act)

___________________ BG Valid up to
Claim period up to (There should be
three months gap between expiry
date of BG & Claim period)
Stamp Sl. No./e-Stamp Certificate
No.
Dear Sir(s),
In accordance with Letter Inviting Tender under your reference No __________________ M/s. ________________
having their Registered / Head Office at _____________ (hereinafter called the Tenderer), wish to participate in the
said tender for
______________________________________________________________________________
As an irrevocable Bank Guarantee against Earnest Money for the amount of ______________ is required to be
submitted by the Tenderer as a condition precedent for participation in the said tender which amount is liable to be
forfeited on the happening of any contingencies mentioned in the Tender Document.
We, the ____________________________________ Bank at _____________________________having our

Head Office ________________________________________________________ (Local Address) guarantee and
undertake to pay immediately on demand without any recourse to the tenderers by GAIL (India) Ltd., the amount
________________ ____________________ without any reservation, protest, demur and recourse. Any such
demand made by GAIL, shall be conclusive and binding on us irrespective of any dispute or difference raised by
the Tenderer.
This guarantee shall be irrevocable and shall remain valid up to ____________ [this date should be two (02) months
beyond the validity of the bid].If any further extension of this guarantee is required, the same shall be extended to
such required period on receiving instructions from M/s. _____________________________________________
whose behalf this guarantee is issued.

9.
a) The Bank’s liability under this Guarantee shall not exceed (currency in figures) . . . . . . . . . . . . . . . . (currency
in words only ) . . . . .
b) This Guarantee shall remain in force upto ___________ (this expiry date of BG should be two months beyond
the validity of bid) and any extension(s) thereof; and
c) The Bank shall be released and discharged from all liability under this Guarantee unless a written claim or
demand is issued to the Bank on or before the midnight of ………………….(indicate date of expiry of claim
period which includes minimum three months from the expiry of this Bank Guarantee) and if extended, the date
of expiry of the last extension of this Guarantee. If a claim has been received by us within the said date, all the
rights of GAIL under this Guarantee shall be valid and shall not cease until we have satisfied that claim.
In witness whereof the Bank, through its authorized officer, has set its hand and stamp on this ___________day of
____________ 20__ at ____________.
Name …………………………….
- 76 -
WITNESS:
(SIGNATURE) (SIGNATURE)
(NAME) (NAME)
Designation with Bank Stamp
(OFFICIAL ADDRESS) Attorney as per

Power of Attorney No. ________
Date: ________________________
--------------------------------------------------------------------------------------------------------
INSTRUCTIONS FOR FURNISHING "BID SECURITY / EARNEST MONEY" BY "BANK

GUARANTEE"
1. The Bank Guarantee by Bidders will be given on non-judicial stamp paper as per "Stamp Duty"
applicable. The non-judicial stamp paper should be in the name of the issuing Bank.
2. The expiry date should be arrived at in accordance with "ITB: Clause-16.1".
3. The Bank Guarantee by bidders will be given from Bank as specified in "ITB : Clause -16.2".
4. A letter from the issuing Bank of the requisite Bank Guarantee confirming that said Bank
Guarantee / all future communication relating to the Bank Guarantee shall be forwarded to the
Employer at its address as mentioned at "ITB".
5. Bidders must indicate the full postal address of the Bank along with the Bank's E-mail / Phone
from where the Earnest Money Deposit has been issued as per proforma provided below..
6. If a Bank Guarantee is issued by a commercial Bank, then a letter to Employer confirming its
net worth is more than Rs. 1,000,000,000.00 [Rupees One Hundred Crores] or equivalent along
with documentary evidence in the Bank Guarantee itself.
- 77 -
MATTER TO BE MENTIONED IN COVERING LETTER TO BE SUBMITTED

BY VENDOR ALONG WITH BANK GUARANTEE
1 BANK GUARANTEE NO :
VENDOR NAME / VENDOR

2 CODE : NAME
VENDOR CODE
4 TENDER NO :
NATURE OF BANK
5 GUARANTEE :
(Please Tick ( √ ) Whichever is PERFORMANCE SECURIT
Applicable BANK Y EM
GUARANTEE DEPOSIT D ADVANCE
(A) EMAIL ID :
(B) ADDRESS :
(C) PHONE NO :
- 78 -
FORMAT F-2A
DECLARATION FOR BID SECURITY
To,

___________________
SUB:
TENDER NO:
Dear Sir
After examining / reviewing provisions of above referred tender documents (including all
corrigendum/ Addenda), we M/s____________ (Name of Bidder) have submitted our offer/ bid no.
………………….
We, M/s____________ (Name of Bidder) hereby understand that, according to your conditions, we
are submitting this Declaration for Bid Security.
We understand that we will be put on watch list/holiday/ banning list (as per polices of GAIL in this
regard), if we are in breach of our obligation(s) as per following:
(a) have withdrawn/modified/amended, impairs or derogates from the tender, my/our Bid during
the period of bid validity specified in the form of Bid; or
(b) having been notified of the acceptance of our Bid by the GAIL during the period of bid
validity:
(i) fail or refuse to execute the Contract, if required, or
(ii) fail or refuse to furnish the Contract Performance Security, in accordance provisions of
tender document.
(iii) fail or refuse to accept ‘arithmetical corrections’ as per provision of tender document.
(c) having indulged in corrupt/fraudulent /collusive/coercive practice as per procedure.

Date: Name:
Designation:
Seal:
- 79 -
F-3
LETTER OF AUTHORITY
[Pro forma for Letter of Authority for Attending 'Pre-Bid Meetings']
Ref: Date:
To,
___________________
SUB:
TENDER NO:
Dear Sir,
I/We, _____________________________________ hereby authorize the following representative(s)
for attending any 'Meetings [Pre-Bid Meeting]' against the above Tender Documents:
[1] Name & Designation ____________________ Signature ___________________

Phone/Cell:
E-mail: ………………………………….. @ ………………………………
[2] Name & Designation ____________________ Signature ___________________

Phone/Cell:
E-mail: ……………………………………….. @ ………………………………
We confirm that we shall be bound by all commitments made by aforementioned authorised

representative(s).

Date: Name:
Designation:
Seal:
Note:
(i) This "Letter of Authority" should be on the "letterhead" of the Bidder and should be
signed by a person competent and having the 'Power of Attorney' to bind the Bidder. Not
more than 'two [02] persons per Bidder' are permitted to attend 'Pre-Bid Meetings'.
(ii) Bidder’s authorized representative is required to carry a copy of this authority letter while
attending the 'Pre-Bid Meetings'.
.
- 80 -
F-4
PROFORMA OF "BANK GUARANTEE" FOR "CONTRACT PERFORMANCE SECURITY
/ SECURITY DEPOSIT"
(ON NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE)
[This Format supersede the Format of GeM]

___________________ BG Valid up to
Claim period up to (There should be
three months gap between expiry
date of BG & Claim period)
Stamp Sl. No./e-Stamp Certificate
No.
Dear Sir(s),
M/s. __________________________________________________________________ having
registered office at _______________________ (herein after called the “Service Provider” which
expression shall wherever the context so require include its successors and assignees) have been placed/
awarded the job/work of _______________________________________________ vide PO/LOA
/FOA No. _______________________________dated______ for GAIL (India) Limited having
registered office at 16, Bhikaiji Cama Place, R.K. Puram, New Delhi (herein after called the “GAIL”
which expression shall wherever the context so require include its successors and assignees).
The Contract conditions provide that the “SERVICE PROVIDER” shall pay a sum of Rs.
____________________ (Rupees _________________________________________) as full Contract
Performance Guarantee in the form therein mentioned. The form of payment of Contract Performance
Guarantee includes guarantee executed by Nationalized Bank/Scheduled Commercial Bank, undertaking
full responsibility to indemnify GAIL (INDIA) LIMITED, in case of default.
The said M/s._______________________________________________ has approached us and at their
request and in consideration of the premises we having our office at ______________________________
have agreed to give such guarantee as hereinafter mentioned.
1. We __________________________ hereby undertake to give the irrevocable & unconditional
guarantee to you that if default shall be made by M/s. __________________________________
in performing any of the terms and conditions of the tender/order/contract or in payment of any
money payable to GAIL (INDIA) LIMITED we shall on first demand pay without demur, contest,
protest and/ or without any recourse to the Service Provider to GAIL in such manner as GAIL
may direct the said amount of Rupees ____________________ only or such portion thereof not
exceeding the said sum as you may require from time to time.
2. You will have the full liberty without reference to us and without affecting this guarantee,
postpone for any time or from time to time the exercise of any of the powers and rights conferred
on you under the order/contract with the said M/s.
_______________________________ and to enforce or to forbear from endorsing any powers
or rights or by reason of time being given to the said M/s.__________________________ and
such postponement forbearance would not have the effect of releasing the bank from its obligation
under this debt.
3. Your right to recover the said sum of Rs. __________________ (Rupees
_________________________) from us in manner aforesaid is absolute & unequivocal and will
not be affected or suspended by reason of the fact that any dispute or disputes have been raised
by the said M/s. ______________________ and/or that any dispute or disputes are pending before
any officer, tribunal or court or arbitrator or any other authority/forum and any demand made by
- 81 -
you in the bank shall be conclusive and binding. The bank shall not be released of its obligations
under these presents by any exercise by you of its liberty with reference to matter aforesaid or any
of their or by reason or any other act of omission or commission on your part or any other
indulgence shown by you or by any other matter or changed what so ever which under law would,
but for this provision, have the effect of releasing the bank.
4. The guarantee herein contained shall not be determined or affected by the liquidation or winding
up dissolution or changes of constitution or insolvency of the said Service Provider but shall in
all respects and for all purposes be binding and operative until payment of all money due to you
in respect of such liabilities is paid.
5. The bank undertakes not to revoke this guarantee during its currency without your previous
consent and further agrees that the guarantee shall continue to be enforceable until it is discharged
by GAIL in writing. However, if for any reason, the Service Provider is unable to complete the
supply/work within the period stipulated in the order/contract and in case of extension of the date
of delivery/completion resulting extension of defect liability period/guarantee period of the
Service Provider fails to perform the supply/work fully, the bank hereby agrees to further extend
this guarantee at the instance of the Service Provider till such time as may be determined by GAIL.
If any further extension of this guarantee is required, the same shall be extended to such required
period on receiving instruction from M/s. ____________________________ (Service Provider)
on whose behalf this guarantee is issued.
6. Bank also agrees that GAIL at its option shall be entitled to enforce this Guarantee against the
bank (as principal debtor) in the first instant, without proceeding against the Service Provider
and notwithstanding any security or other guarantee that GAIL may have in relation to the
Service Provider’s liabilities.
7. The amount under the Bank Guarantee is payable forthwith without any delay by Bank upon
the written demand raised by GAIL. Any dispute arising out of or in relation to the said Bank
Guarantee shall be subject to the exclusive jurisdiction of courts at New Delhi.
8. Therefore, we hereby affirm that we are guarantors and responsible to you on behalf of the
Service Provider up to a total amount of __________(amount of guarantees in words and
figures) and we undertake to pay you, upon your first written demand declaring the Service
Provider to be in default under the order/contract and without caveat or argument, any sum or
sums within the limits of (amounts of guarantee) as aforesaid, without your needing to prove
or show grounds or reasons for your demand or the sum specified therein.
9. We have power to issue this guarantee in your favor under Memorandum and Articles of
Association and the undersigned has full power to do under the Power of Attorney, dated
___________ granted to him by the Bank.
10. 11.
a) The Bank’s liability under this Guarantee shall not exceed (currency in figures) . . . . . . . . . . .
. . . . . (currency in words only ) . . . . .
b) This Guarantee shall remain in force upto ___________ (this date should be expiry date of
12.
defect liability period of the Contract) and any extension(s) thereof; and
c) The Bank shall be released and discharged from all liability under this Guarantee unless a
written claim or demand is issued to the Bank on or before the midnight of
………………….(indicate date of expiry of claim period which includes minimum three months
from the expiry of this Bank Guarantee) and if extended, the date of expiry of the last extension
of this Guarantee. If a claim has been received by us within the said date, all the rights of GAIL
under this Guarantee shall be valid and shall not cease until we have satisfied that claim.
Name …………………………….
- 82 -
Yours faithfully,
______________
Bank by its Constituted Attorney
Signature of a person duly
Authorized to sign on behalf of the Bank
INSTRUCTIONS FOR FURNISHING

"CONTRACT PERFORMANCE SECURITY / SECURITY DEPOSIT" BY "BANK
GUARANTEE"
1. The Bank Guarantee by successful Bidder(s) will be given on non-judicial stamp paper as per
'stamp duty' applicable. The non-judicial stamp paper should be in name of the issuing bank.
2. The Bank Guarantee by Bidders will be given from bank as specified in cl.no. 38.3 of ITB
[Section-III] of Tender Document.
3. A letter from the issuing bank of the requisite Bank Guarantee confirming that said Bank
Guarantee and all future communication relating to the Bank Guarantee shall be forwarded to
Employer.
4. If a Bank Guarantee is issued by a commercial bank, then a letter to Employer and copy to
Consultant (if applicable) confirming its net worth is more than Rs. 100,00,00,000.00 [Rupees
One Hundred Crores] or its equivalent in foreign currency alongwith documentary evidence
OR in the Bank Guarantee itself.
5. Service Provider shall submit attached cover letter (Annexure) while submitting Contract
Performance Security.
MATTER TO BE MENTIONED IN COVERING LETTER TO BE SUBMITTED BY VENDOR ALONG WITH BANK

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

VENDOR CODE
4 PURCHASE ORDER/ LOA NO :
5 NATURE OF BANK GUARANTEE :

(Please Tick ( √ ) Whichever is
Applicable PERFORMANCE SECURITY
BANK GUARANTEE DEPOSIT EMD ADVANCE
(A) EMAIL ID :
(B) ADDRESS :
(C) PHONE NO :
- 83 -
F-5
AGREED TERMS & CONDITIONS
To,

___________________
SUB: ANNUAL MAINTENANCE CONTRACT (AMC) OF AIR PURIFICATION SYSTEM INSTALLED

AT NOCC SERVER ROOM
TENDER NO:
This Questionnaire duly filled in, signed & stamped must form part of Bidder’s Bid and should be
returned along with Un-priced Bid. Clauses confirmed hereunder need not be repeated in the Bid.
Sl. DESCRIPTION BIDDER'S

CONFIRMATION
1 Bidder's name, Vendor Code of GAIL (if any) and address Bidder's name :
GAIL’s Vendor Code:
Address:
2. Bidder confirms the currency of quoted prices is in Indian
Rupees.
3. Bidder confirms quoted prices will remain firm and fixed till
complete execution of the order (except where price
escalation/variation is allowed in the Tender).
4 Bidder confirms that they have quoted/included GST (CGST
& SGST/ UTGST or IGST ) in Price bid.
4.1 Whether in the instant tender services/works are covered in Yes/ No
reverse charge rule of GST (CGST & SGST/UTGST or
IGST)
If yes, Bidder confirms that they have quoted/included …………………

applicable GST (CGST & SGST/ UTGST or IGST) in Price
Bid
4.2 Bidder confirms Harmonized System Nomenclature
(HSN)/Service Accounting Code (SAC) of subject job
4.3 Bidder hereby confirms that the quoted prices are in
compliance with the Section 171 of CGST Act/ SGST Act as
mentioned as clause no. 13.10 of ITB (Anti-profiteering
clause).
4.4 Whether bidder is liable to raise E-Invoice as per GST Act.
If yes, bidder will raise E-Invoice and confirm compliance to
provision of tender in this regard.
5. Bidder confirms acceptance of relevant Terms of Payment
specified in the Bid Document.
6. Bidder confirms that Contract Performance Security will be

furnished as per Bid Document within 30 days of FOA in case
of successful bidder.
7. Bidder confirms that Contract Performance Security shall be
from any Indian scheduled bank or a branch of an
- 84 -

CONFIRMATION
International bank situated in India and registered with
Reserve bank of India as scheduled foreign bank. However, in
case of bank guarantees from banks other than the
Nationalised Indian banks, the bank must be a commercial
bank having net worth in excess of Rs 100 crores and a
declaration to this effect shall be made by such commercial
bank either in the Bank Guarantee itself or separately on its
letterhead.
8. Bidder confirms compliance to Completion Schedule as
specified in Bid document.
9. Bidder confirms acceptance of Price Reduction Schedule for
delay in completion schedule specified in Bid document.
In case of delay, the bills / invoices shall be submitted after

reducing the price reduction due to delay (refer PRS Clause).
10. a) Bidder confirms acceptance of all terms and conditions of
Bid Document (all sections).
b) Bidder confirms that printed terms and conditions of
bidder are not applicable.
11. Bidder confirms their offer is valid for period specified in
GeM bid from Final/Extended bid due date of submission of
bids.
12. Bidder furnishes EMD/Bid Security details as under OR bid
security declaration:
a) EMD/ Bid Security No. & date
b) Value
c) Validity
d) d) Bank Address/e-mail ID/Mobile no. [in case of BG]
13. Bidder confirms that
(i) none of Directors (in Board of Director) of bidder is a
relative of any Director (in Board of Director) of GAIL
or
(ii) the bidder is not a firm in which any Director (in Board of
Director) of GAIL or their relative is a partner.
14. All correspondence must be in ENGLISH language only.
15. The contents of this Tender Document have not been modified
or altered by Bidder. In case, it is found that the tender
document has been modified / altered by the bidder, the bid
submitted by them shall be liable for rejection.
16. Bidder confirms that all Bank charges associated with
Bidder’s Bank regarding release of payment etc. shall be
borne by Bidder.
17. No Deviation Confirmation:
It may be note that any 'deviation / exception' in any form may
result in rejection of Bid. Therefore, Bidder confirms that they
have not taken any 'exception / deviation' anywhere in the Bid.
In case any 'deviation / exception' is mentioned or noticed,
Bidder’s Bid may be rejected.
- 85 -

CONFIRMATION
18. If the Bidder becomes a successful Bidder pursuant to the
provisions of the Tender Document, the following
Confirmation shall be automatically become enforceable
"We agree and acknowledge that the Employer is entering into
the Contract/Agreement solely on its own behalf and not on
behalf of any other person or entity. In particular, it is
expressly understood & agreed that the Government of India
is not a party to the Contract/Agreement and has no liabilities,
obligations or rights thereunder. It is expressly understood and
agreed that the Purchaser is authorized to enter into
Contract/Agreement, solely on its own behalf under the
applicable laws of India. We expressly agree, acknowledge
and understand that the Purchaser is not an agent,
representative or delegate of the Government of India. It is
further understood and agreed that the Government of India is
not and shall not be liable for any acts, omissions,
commissions, breaches or other wrongs arising out of the
Agreement. Accordingly, we hereby expressly waive, release
and forego any and all actions or claims, including cross
claims, VIP claims or counter claims against the Government
of India arising out of the Agreement and covenants not to sue
to Government of India as to any manner, claim, cause of
action or things whatsoever arising of or under the
Agreement."
19. Bidder to ensure all documents as per tender including clause
11 of Section III and all Formats are included in their bid
20. Bidder understands that Tender Document is not exhaustive.
In case any activity though specifically not covered in
description of 'Schedule of Rates' but is required to complete
the work as per Scope of Work, Conditions of Contract, or
any other part of Bidding document, the quoted rates will
deemed to be inclusive of cost incurred for such activities
unless otherwise specifically excluded. Bidder confirms to
perform for fulfilment of the contract and completeness of the
supplies in all respect within the scheduled time frame and
quoted price.
21. Bidder hereby confirms that they are not on ‘Holiday’ by GAIL
or Public Sector Project Management Consultant (like EIL,
Mecon only due to “poor performance” or “corrupt and
fraudulent practices”) or banned by Government department/
Public Sector on due date of submission of bid.
Further, Bidder confirms that neither they nor their allied
agency/(ies) (as defined in the Procedure for Action in case of
Corrupt/ Fraudulent/ Collusive/ Coercive Practices) are on
banning list of GAIL or the Ministry of Petroleum and Natural
Gas.
Bidder also confirms that they are not under any liquidation,
court receivership or similar proceedings or 'bankruptcy'.
In case it comes to the notice of GAIL that the bidder has
given wrong declaration in this regard, the same shall be dealt
- 86 -

CONFIRMATION
as ‘fraudulent practices’ and action shall be initiated as per the
Procedure for action in case of
Corrupt/Fraudulent/Collusive/Coercive Practices.
Further, Bidder also confirms that in case there is any change
in status of the declaration prior to award of contract, the same
will be promptly informed to GAIL by them.
22. Bidder confirms that they have read and understood the
General Conditions of Contract - Services available on
GAIL’s Tender website
(http://gailtenders.in/Gailtenders/gccs.asp) & no 'exception /
deviation' anywhere has been taken in the same and that they
shall abide by provisions of relevant GCC.
23. Bidder certifies that they would adhere to the Fraud
Prevention Policy of GAIL [available on GAIL’s website
(www.gailonline.com)] and shall not indulge themselves or
allow others (working in GAIL) to indulge in fraudulent
activities and that they would immediately apprise GAIL of
the fraud/suspected fraud as soon as it comes to their notice.
Concealment of facts regarding their involvement in
fraudulent activities in connection with the business
transaction(s) of GAIL is liable to be treated as crime and dealt
with by the procedures of GAIL as applicable from time to
time.
24. Bidder confirms that (i) any variation in GST at the time of
supplies for any reasons, other than statutory, including
variations due to turnover, shall be borne by them and (ii) any
error of interpretation of applicability of rate of GST (CGST
& SGST/ UTGST or IGST) on components of an item and/or
various items of tender by them shall be to bidder’s account.
25. Bidders confirm to submit signed copy of Integrity Pact
(wherever included in tender).
If Bidder is a partnership concern or a consortium, this

agreement must be signed by all partners or consortium
members.
26. Bidder confirms that, in case of contradiction between the
confirmations provided in this format and to the terms &
conditions mentioned elsewhere in the offer, the
confirmations given in this format shall prevail.

Date: Name:
Designation:
Seal:
- 87 -
F-6
ACKNOWLEDGEMENT CUM CONSENT LETTER
(On receipt of tender document/information regarding the tender, Bidder shall acknowledge the
receipt and confirm his intention to bid or reason for non-participation against the enquiry
/tender through e-mail to concerned executive in GAIL issued the tender, by filling up the
Format)
To,

___________________
SUB:
TENDER NO:
Dear Sir,
We hereby acknowledge receipt of a complete set of bidding document along with enclosures for
subject item/job and/or the information regarding the subject tender.
 We intend to bid as requested for the subject item/job and furnish following details with respect
to our quoting office:
Postal Address with Pin Code : ....................

Telephone Number : ....................
Contact Person : ....................
E-mail Address : ....................
Mobile No. : ....................
Date : ....................
Seal/Stamp : ....................
 We are unable to bid for the reason given below:
Reasons for non-submission of bid:

_____________________________________________________________________
Agency’s Name : ....................

Signature : ....................
Name : ....................
Designation : ....................
Date : ....................
Seal/Stamp : ....................
- 88 -
F-7
BIDDER’S EXPERIENCE
To,

___________________
SUB:
TENDER NO:
Sl. Descript LOA Full Postal Value of Date of Scheduled Date of Reasons
No ion /WO Address & Contract Commenc Completio Actual for delay
of the No. and phone nos. of /Order ement of n Comple in
Services date Client. Name, (Specify Services Time (Mo tion executio
designation Currency nths) n, if any
and address of Amount)
Engineer/
Officer-in-
Charge (for
cases other
than purchase)
(1) (2) (3) (5) (6) (7) (8) (9) (10)

Date: Name:
Designation:
Seal:
Note: As per cl.no.D of Section-II, only documents (Work Order, Completion certificate,
Execution Certificate etc.) which have been referred/ specified in the bid shall be considered in
reply to queries during evaluation of Bids.
-89-
TENDER REF. NO. GAIL/NOIDA/ C&P/BIS/22237 (GEM BID NO. GEM/2023/B/3415909
F-8 (A)
CHECK LIST
Bidders are requested to duly fill in the checklist. This checklist gives only certain important items to
facilitate the bidder to make sure that the necessary data/information as called for in the bid document
has been submitted by them along with their offer. This, however, does not relieve the bidder of his
responsibilities to make sure that his offer is otherwise complete in all respects.
Please ensure compliance and tick (√) against following points:
S. DESCRIPTION CHECK REFERENCE
No. BOX PAGE NO. OF
THE BID
SUBMITTED
1.0 Signing and Stamping on each sheet of offer, original bidding document
including SCC, ITB, GCC, SOR drawings, corrigendum (if any)
2.0 Confirm that the following details have been submitted in the Un-priced part
of the bid
i Covering Letter, Letter of Submission
ii EMD/Bid Security / Declaration for Bid Security as per provisions of Tender
iii signed & stamped tender document along with drawings and addendum (if any)
iv Power of Attorney in the name of person signing the bid.
v Confirm submission of document along with unpriced bid as per bid
requirement (including cl.no.11.1.1 of Section-III).
3.0 Confirm that all format duly filled in are enclosed with the bid duly Signed and
Stamped by authorised person(s)
4.0 Confirm that the price part is uploaded in GeM portal.
5.0 Confirm that Undertaking as per Form 1 of Annexure-II to Section-III has been
submitted (applicable for MSE and Class-I Local Supplier).
6.0 Confirm that Undertaking as per Form-2 to Annexure-II to Section-III and
Certification from the statutory auditor or cost auditor of the company (in the
case of companies) or from a practicing cost accountant or practicing chartered
accountant (in respect of other than companies) as per Form-3 to Annexure-II
to Section-III are submitted. (Applicable for all bidders
including MSEs bidders).
7.0 Confirm that Undertaking as per Form-1 to Section-II have been submitted by
the bidder (Guidelines from Procurement from a Country sharing a Land
Border with India)
8.0 Confirm submission of Checklist against Bid Evaluation Criteria as per format
F-8(B)
Date: Name:
Designation:
Seal:
-90-
F-8(B)
CHECKLIST FOR BID EVALUATION CRITERIA (BEC) QUALIFYING DOCUMENTS
(refer Section II of Tender document)
BEC Description Documents required for qualification Documents Documents Reference

Clause Submitted by attested as per Page No.
No. Bidder Section-II of of the Bid
Tender submitted
Technical BEC
1
Bidder should be In case of OEM, bidder should submit certificate issued on their
OEM or Authorized letter head stating that the bidder is OEM of the quoted item(s).
Business Partner/
In case bidder is Authorized Business Partner/ System Integrator
System Integrator
of OEM, bidder should submit letter issued by OEM referring this
of OEM
tender number and confirming bidder’s status as their authorized
business partner/system integrator supplier of quoted item(s).
2. Experience Copy(ies) of each detailed Work/Purchase Order(s) including Schedule
of Rates (SOR) as mentioned at F of Section-II of ITB Yes/No
3. Experience of certificate from end user
bidder acquired as a
subcontractor (if
applicable)
4. Job executed for Tax paid invoice(s) duly certified by statutory auditor of the bidder Yes/No
Subsidiary / Fellow towards payment of statutory tax in support of the job executed for
subsidiary/ Subsidiary / Fellow subsidiary/ Holding company.
Holding company.
5. Any other technical (a) ……………. Yes/No
criteria in BEC (b) …………..
(c) …………..
Date: Name:
Designation: Seal:
-91-
F-9
FORMAT FOR CERTIFICATE FROM BANK
IF BIDDER’S WORKING CAPITAL IS INADEQUATE/NEGATIVE
(To be provided on Bank’s letter head)
Date:
To,
M/s. GAIL (India) Limited
---------------------
--------------------
-------------------
Dear Sir,
This is to certify that M/s ………………………………….. (name of the Bidder with address)
(hereinafter referred to as Customer) is an existing Customer of our Bank.
The Customer has informed that they wish to bid for GAIL’s Tender No.
.................................................. dated …………… for ……………………………………..(Name of
the supply/work/services/consultancy) and as per the terms of the said Tender Document they have to
furnish a certificate from their Bank confirming the availability of line of credit.
Accordingly M/s ………………………….. (name of the Bank with address) confirms availability of
line of credit to M/s …………………….. (name of the Bidder) for at least an amount of Rs. _________
It is also confirmed that the net worth of the Bank is more than Rs. 100 Crores (or Equivalent USD)
and the undersigned is authorized to issue this certificate.
Yours truly
for …………………………… (Name & address of Bank)
(Authorized signatory)
Name of the signatory :
Designation :
Email Id :
Contact No. :
Stamp
Note:
This Declaration Letter for line of credit shall be from single bank only. Letters from multiple banks
shall not be applicable. However, banking syndicate will be acceptable wherein a group of banks can
jointly provide line of credit to the bidder.
-92-
F-10
FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE/ CERTIFIED PUBLIC

ACCOUNTANT (CPA) FOR FINANCIAL CAPABILITY OF THE BIDDER
We have verified the Audited Financial Statements and other relevant records of
M/s……………………………… (Name of the bidder) and certify the following:
A. AVERAGE ANNUAL FINANCIAL TURNOVER* DURING THE LAST THREE FINANCIAL
YEARS:
Year Amount (Currency)
Year 1:
Year 2:
Year 3:
Total (A)
Average Annual Financial Turnover
during the last three financial years (A/3)
B. NET WORTH* AS PER AUDITED FINANCIAL STATEMENT OF PRECEDING
FINANCIAL YEAR:
Description Year _____
Amount (Currency)
1. Net Worth
C. WORKING CAPITAL* AS PER AUDITED FINANCIAL STATEMENT OF
PRECEDING FINANCIAL YEAR:
Description Year _____
Amount (Currency)
1. Current Assets
2. Current Liabilities
3. Working Capital (Current
Assets-Current liabilities)
*Refer Instructions
Notes:
1.0 It is further certified that the above mentioned applicable figures are matching with the
returns filed with Registrar of Companies (ROC) [Applicable only in case of Indian
Companies]
2.0 We confirm that above figures are after referring notes at page 2 of 2 of F-10.
3.0 Practicing Chartered Accountants shall generate Unique Document Identification
Number (UDIN) for all certificates issued by them
Name of Audit Firm: [Signature of Authorized Signatory]
Chartered Accountant/CPA Name:
Date: Designation:
Seal:
Membership No.:
UDIN: (Page 1 of 2)
-93-
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 Proposal being considered as non- responsive.
3. For the purpose of this Tender document:

(i) Annual Turnover shall be “Revenue from Operations” as per Profit & Loss account of
audited annual financial statements”
In case the date of constitution/incorporation of the bidder is less than 3 years old, the
average turnover in respect of the completed financial years after the date of
constitution/ incorporation shall be taken into account for minimum Average Annual
Financial Turnover criteria.
(ii) Working Capital shall be “Current Assets less Current liabilities” and
(iii) Net Worth shall be Aggregate value of the paid-up share capital and all reserves created
out of the profits and securities premium account, after deducting the aggregate value
of the accumulated losses, deferred expenditure and miscellaneous expenditure not
written off, if any, but does not include reserves created out of revaluation of assets,
write-back of depreciation and amalgamation
4. Above figures shall be calculated after considering the qualification, if any, made by the
statutory auditor on the audited financial statements of the bidder including quantified
financial implication.
5. This certificate is to be submitted on the letter head of Chartered Accountant/CPA.
-94-
F-11
BIDDER'S QUERIES FOR PRE BID MEETING
To,
Sub :
Tender No :
SL. REFERENCE OF BIDDING DOCUMENT BIDDER'S QUERY GAIL'S REPLY

NO. Subject
SEC. Page No. Clause
NO. No.
NOTE: The Pre-Bid Queries may be sent by e-mail before due date for receipt of Bidder's queries.
SIGNATURE OF BIDDER: ___________________________

NAME OF BIDDER : ___________________________
-95-
F-12
[This format is not applicable in case bidder bank account is updated on GeM
portal]
E-Banking Mandate Form
(To be issued on vendors letter head)
1. Vendor/customer Name :
2. Vendor/customer Code:
3. Vendor /customer Address:
4. Vendor/customer e-mail id:
5. Particulars of bank account

a) Name of Bank
b) Name of branch
c) Branch code:
d) Address:
e) Telephone number:
f) Type of account (current/saving etc.)
g) Account Number:
h) RTGS IFSC code of the bank branch
i) NEFT IFSC code of the bank branch
j) 9 digit MICR code
I/We hereby authorize GAIL(India) Limited to release any amount due to me/us in the
bank account as mentioned above. I/We hereby declare that the particulars given above
are correct and complete. If the transaction is delayed or lost because of incomplete or
incorrect information, we would not hold the GAIL (India) Limited responsible.
(Signature of vendor/customer)
BANK CERTIFICATE
We certify that --------------------------- has an Account no. ---------------------------- with us

and we confirm that the details given above are correct as per our records.
Bank stamp
Date (Signature of authorized officer of

bank)
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F-13
INTEGRITY PACT
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F-14
FREQUENTLY ASKED QUESTIONS (FAQs)
SL.NO. QUESTION ANSWER

1.0 Can any vendor quote for subject Yes. A Vendor has to meet Bid Evaluation
Tender? Criteria given under Section II of Tender
document in addition to other requirements.
2.0 Should the Bid Evaluation Criteria Yes. Please refer Section II of Tender
documents be attested? document
3.0 Is attending Pre Bid Meeting mandatory. No. Refer Clause No. 17 of Instruction to
Bidders of Tender Document. However
attending Pre Bid Meeting is recommended to
sort out any issue before submission of bid by
a Bidder.
4.0 Can a vendor submit more than 1 offer? No. Please refer Clause No. 4 of Instruction
to Bidders of Tender Document.
5.0 Is there any Help document available for Refer training module presentations and
GeM portal. FAQs as available on GeM portal.
6.0 Are there are any MSE (Micro & Small Yes. Refer Clause No. 40 of Instructions to
Enterprises) benefits available? Bidders of Tender Document.
7.0 Are there are any benefits available to Refer Clause No. 49 of Instructions to
Startups? Bidders of Tender Document.
All the terms and conditions of Tender remain unaltered.
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F-15
UNDERTAKING REGARDING SUBMISSION OF ELECTRONIC INVOICE (E-INVOICE AS

PER GST LAWS)
(to be submitted on letter head along with documents for release of payment)
To,
………………………
SUB: ……………………………………
PO NO: ………………………………….
Dear Sir,
We _______________________ (Name of the Supplier) hereby confirm that E-Invoice provision as per
the GST Law is
(i) Applicable to us [ ]
(ii) Not Applicable to us [ ]
(Supplier is to tick appropriate option ( or X) above).
In case, same is applicable to us, we confirm that we will submit E-Invoice after complying with all the
requirements of GST Laws. If the invoice issued without following this process, such invoice can-not be
processed for payment by GAIL as no ITC is allowed on such invoices. We also confirm that If input tax
credit is not available to GAIL for any reason attributable to Supplier (both for E-invoicing cases and
non-E-invoicing cases), then GAIL shall not be obligated or liable to pay or reimburse GST (CGST &
SGST/UTGST or IGST) claimed in the invoice(s) and shall be entitled to deduct / setoff / recover such
GST amount (CGST & SGST/UTGST or IGST) or Input Tax Credit amount together with penalties and
interest, if any, by adjusting against any amounts paid or becomes payable in future to the Supplier under
this contract or under any other contract.

Date: Name:
Designation:
Seal:
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F-16
NO CLAIM CERTIFICATE
(TO BE SUBMITTED BEFORE RELEASE OF CPS/SECURITY DEPOSIT)
[On the Letter-head of Contractor]
We, _________________, a company incorporated under the laws of India/ a Consortium

between *___ and *____ (name of Consortium partners to be inserted)/ a Partnership Firm
consisting of *___ and *___ (name of Partners to be inserted)/ a Sole Proprietorship (as the case
may be), having its registered office at __________________ and carrying on business under the
name and style M/s. _______________________ were awarded the contract by GAIL (India)
Ltd. in reference to Tender No. ______________ dated _______ (“Order/Contract”).
After completion of the above-said items/job under the Order/Contract, we have scrutinized all
our claims, contentions, disputes, issues and we hereby confirm that after adjusting all payments
received by us against our R.A. Bills and final bill, we have no claims, dues, issues and
contentions from GAIL (India) Ltd.
We further absolve GAIL (India) Ltd. from all liabilities present or future arising directly or
indirectly out of the Contract.
There is no economic duress or any other compulsion on us for submission of this no claim
certificate.
Place: [Signature of Authorized Signatory of Contractor]
Date: Name:
Designation:
Seal:
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SECTION-IV
GENERAL CONDITIONS OF
CONTRACT
FOR
PROCUREMENT OF SERVICES

(Rev. 0)
Bidder to comply and confirm at point no. 22 of Agreed, Terms &

Conditions (Format F-5)
Note: GAIL General Conditions of Contract (GCC) shall prevail over GeM-SLA &
GeM GTC where there is conflict on terms & conditions
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TABLE OF CONTENTS
Sl. No. Description

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

3.1 Execution of services
3.2 Changes In Services
3.3 Action and compensation in case of poor service
3.4 Suspension of services
3.5 Defects Liability Period
3.6 Completion Certificate
3.7 Final Decision & Final Certificate
3.8 Limitation of Liability
3.9 Indemnity
SECTION – IV PAYMENT, INSURANCE AND TAXES
4.1 Deduction from the Contract price
4.2 Schedule of rates and payments
4.3 Procedure for Billing of Services
4.4 Notice of claims for additional payments
4.5 Insurance
4.6 Taxes and Duties
4.7 Income tax
4.8 Statutory variations
4.9 Damages to Property of any person and third party
SECTION – V LAWS, HEALTH, SAFETY & ENVIRONMENT
5.1 Labour Laws
5.2 Safety regulations
5.3 First aid and industrial injuries
5.4 General rules
5.5 Care in handling inflammable gas
5.6 Preservation of place
5.7 Environment
SECTION – VI DISPUTE RESOLUTION AND ARBITRATION
6.1 Dispute resolution
6.2 Arbitration
6.3 Jurisdiction
6.4 Continuance of The Contract
Appendix 1 Procedure for action in case of Corrupt /Fraudulent/ Collusive/ Coercive
practices
Appendix 2 Procedure for Evaluation of Performance of Vendors/ Suppliers/
Contractors / Consultants
Appendix 3 Proforma for Contract Agreement
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SECTION – I DEFINITIONS & INTERPRETATIONS
1.1 Definition of Terms:
In this Contract (as defined here-in-after), save where the context otherwise requires, the
following words and expressions shall have the meanings respectively assigned to them:
"Approved" means approval in writing including subsequent written confirmation of

previous verbal approval(s).
The "Bid /Tender/Offer" means the proposal along with required supporting documents
submitted by the Bidder/Service Provider for consideration by the Employer.
The ‘Bidder/Tenderer” means the person(s) / Firm / company /Corporation

/Organization/entity, who participated in the Tender.
“Completion Certificate” means the certificate to be issued by the Engineer In-charge

(EIC) when the Services have been completed entirely in accordance with Contract.
“Completion Date” means the date of actual completion of the services by the Service
Provider as certified by the Employer.
“Contract” means an agreement between Employer and the Service Provider/Supplier

for execution of the Service(s) as per Contract Documents and its subsequent
amendment(s), if any in writing thereto.
"Contract Documents" means collectively the Tender Documents, Designs, Drawings,

Scope of Services, Specifications, Schedule of Rates (SOR), Letter of Acceptance and
agreed variations if any, and such other documents constituting the tender and
acceptance thereof.
"Day" means a calendar day of 24 hours from midnight to midnight irrespective of the
number of hours serviced in that day.
“Demobilization” means removal of all equipment, machinery, manpower from the site
after completion of the services with the due permission of EIC.
“Drawings” means and include all Engineering sketches, general arrangements/ layout
drawings, sectional plans, all elevations, etc. related to the Contract together with
modification and revision thereto.
The “Employer/Service Receiver/ Company/Owner” means GAIL (India) Limited

(GAIL), a public limited company, incorporated under the Company’s Act 1956 and
having its Registered office at 16, Bhikaiji Cama Place, New Delhi - 110066 and
includes its successors, assigns and Site(s)/work center(s).
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The “Engineer-In-Charge" (EIC) means the person designated from time to time by
Employer and shall include those who are expressly authorized by him to act for and on
his behalf for operation/execution of this Contract for Services.
“Equipment/Materials/Goods” means and include all equipment, machinery, stores,

goods which are required under the Contract for satisfactory performance of Services by
the Service Provider.
"Fax of Acceptance” means intimation regarding notification of award by the Employer

to the successful Bidder/Service Provider through a Fax/ Letter conveying that the
Tender/Bid/Offer has been accepted in accordance with the provisions contained therein.
“Guarantee/Warranty/ Defect Liability Period (DLP)” means the period and other
conditions governing the warranty/guarantee/defect liability period of the services as
provided in the Contract.
"Metric System": All technical documents are given in the metric system and all service
should be carried out according to the metric system. All documents concerning the
service shall also be maintained in the metric system.
“Mobilization” means stabilizing adequate infrastructure at designated Site comprising

of Equipment, aids, tools, tackles, instruments, Goods & Materials, experienced
manpower, supported with supervising personal in order to provide services as per the
provision of Contract document.
“Negligence” means any act or failure to act (whether sole, joint or concurrent) by a
person or an entity which was intended to cause, or which was reckless disregard of or
wanton indifference to, avoidable and harmful consequences such person or entity knew,
or should have known, would result from such act or failure to act. Notwithstanding the
foregoing, negligence shall not include any action taken in good faith for the safeguard
of life or property.
The "Service(s)" means and include all services and activities/jobs to be performed by
the Service Provider in pursuant to and in accordance with Contract or part thereof as
the case may be and shall include all extra, additional, altered or substituted services and
approvals from any agency/third party & license(s)/permissions from statutory
authorities (if any), as required for purpose of the Contract.
The "Service Provider" means Bidder/Tenderer whose tender has been accepted by the
Employer and includes the Service Provider's legal representative(s), his successor(s)
and permitted assign(s).
“Service Provider’s/ Bidder’s Representative” means such person(s) duly authorized

by the Bidder/Service Provider in writing to the Employer as having authority to act for
and on behalf the Bidder /Service Provider in matters affecting the Services and to
provide the requisite services to Employer.
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“Site” means the place(s) provided by the Employer where the Services are to be carried
out/executed and any other place(s) as may be specifically designated in the Contract as
forming part of the site.
“Specifications” means and include detailed description, statements to technical data,

performance characteristics, and standards (Indian as well as International) as applicable
and as specified in the Contract.
The "Sub-Service Provider" means any person / firm / Organization / company /entity
(other than the Service Provider) and it’s legal representatives, successors and permitted
assigns named in the Contract as a Sub-Service Provider for a part of the Services or to
whom a part of the Services has been sub-Contracted with the written prior consent of
the Employer.
"Value of Contract” or “Total Contract Price” means the sum accepted or the sum
calculated in accordance with the prices accepted in the Contract as payable to the
Service Provider for the entire execution and full completion of the service, including
Amendment(s) to Contract, if any.
"Week" means a period of any consecutive seven Days.
“Willful Misconduct” means intentional disregard of good and prudent standards of

performance or proper conduct under the Contract with knowledge that it is likely to
result in any injury to any person or loss or damage of property.
“Working Day” means any Day which is not declared by the Employer to be holiday or
off-day.
1.2 INTERPRETATIONS & PRIORITY OF CONTRACT DOCUMENTS

1.2.1 The documents forming the Contract are to be read together and interpreted as mutually
explanatory of one another. If there is a direct inconsistency in specific obligation(s),
then for the purposes of interpretation, and unless otherwise provided in the Contract,
the priority of the Contract Documents shall be in accordance with following sequence:
i) The Contract Agreement
ii) Detailed Letter of Acceptance along with its enclosures
iii) Fax of Acceptance
iv) Scope of Works/ Job Specifications (specific to particular job only, wherever
provided)
v) Drawings
vi) Special Conditions of Contract (SCC)
vii) Technical Specifications (wherever applicable)
viii) Instructions to Bidders (ITB)
ix) General Conditions of Contract (GCC)
x) Other Documents
Works shown in the Drawing but not mentioned in the Specifications or described in the
Specifications without being shown in the Drawings shall nevertheless be deemed to be
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included in the same manner as if they had been specifically shown upon the Drawings
and described in the Specifications.
Any amendment/change order issued by Employer upon signing of formal Contract shall
take precedence over respective clauses of the formal Contract and its annexures.
The higher priority interpretation shall be adopted only to the extent required to deal
with an inconsistency. Specific term(s) agreed take priority over general statement(s)
and terms in Contract Document created at a later date govern over terms in earlier
Contract Document. Subject to foregoing, the terms of the groups of documents set out
above have equal importance within their group.
1.2.2 Headings and Marginal Notes: All headings and marginal notes to the clauses of these
General Conditions of Contract or to the Specifications or to any other Tender Document
are solely for the purpose of giving a concise indication and not a summary of the
contents thereof, and they shall never be deemed to be part thereof or be used in the
interpretation thereof the Contract.
1.2.3 Singular and Plural: In Contract Documents unless otherwise stated specifically, the
singular shall include the plural and vice versa wherever the context so requires.
1.2.4 Gender: Where the context so requires, words imparting the masculine gender shall also
include the feminine gender and the neuter gender and vice versa.
1.2.5 Severability: Should any provision of this Contract be found to be invalid, illegal or
otherwise not enforceable by any court of law, such finding shall not affect the remaining
provision(s)/clause(s) hereto and they shall remain binding on the parties hereto.
1.3 SPECIAL CONDITIONS OF CONTRACT:
1.3.1 Special Conditions of Contract consisting of scope of services, specification of Services

& items etc. shall be read in conjunction with the General Conditions of Contract, and
any other documents forming part of this Contract wherever the context so requires.
1.3.2 Notwithstanding the sub-division of the documents into these separate sections and
volumes every part of each section/volume shall be deemed to be supplementary to and
complementary of every other part and shall be read with and into the Contract so far as
it may be practicable to do so.
1.3.3 Where any portion of the General Condition of Contract is repugnant to or at variance
with any provisions of the Special Conditions of Contract, unless a different intention
appears the provisions of the Special Conditions of Contract shall be deemed to over-
ride the provisions of the General Conditions of Contract and shall to the extent of such
repugnancy, or variations, prevail.
1.3.4 Wherever it is mentioned in the Specifications that the Service Provider shall perform
certain Service or provide certain facilities, it is understood that the Service Provider
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shall do so at his cost and the Value of Contract shall be deemed to have included cost
of such performance and provisions, so mentioned.
1.3.5 The materials, design and services shall satisfy the relevant Standards, the Job
Specifications contained herein and Codes referred to. Where the job specification
stipulate requirements in addition to those contained in the standard codes and
specifications, these additional requirements shall also be satisfied.
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SECTION – II
2.0 GENERAL INSTRUCTIONS & OBLIGATIONS
2.1 FORMATION OF CONTRACT:
2.1.1 Employer will be the sole judge in the matter of award of Contract and the decision of
Employer shall be final and binding.
2.1.2 The acceptance of tender will be intimated to the successful Bidder by the Employer
either by Fax / E - mail /Letter or like means defined as Fax of Acceptance (FOA).
2.1.3 The Contract shall come into force on the date of FOA and the same shall be binding on
Employer and Service Provider.
2.2 SIGNING OF AGREEMENT:
2.2.1 The successful Tenderer/Service Provider shall be required to execute an Agreement

within 15 days of the FOA in the format attached/enclosed with Tender Document. In
the event of failure on the part of the Service Provider to sign the Agreement within the
aforesaid stipulated period, the Earnest Money Deposit or initial Security
Deposit/Performance Security Deposit (as available, preferably the later) will be
forfeited and Employer may consider the Contract as terminated..
2.3 ADDENDA/CORRIGENDA:
2.3.1 Addenda/ Corrigenda to the Tender Documents incorporating modification(s) and

clarification(s) to the Tender Document issued prior to the due date of bid submission
shall become integral part of the Contract.
2.4 LIABILITY OF GOVERNMENT OF INDIA:
2.4.1 It is expressly understood and agreed by and between Bidder /Service Provider and
Employer that Employer is entering into this agreement solely on its own behalf and not
on behalf of any other person or entity. In particular, it is expressly understood and
agreed that the Government of India is not a party to this agreement and has no liabilities,
obligations or rights hereunder. It is expressly understood and agreed that Employer is
an independent legal entity with power and authority to enter into Contracts solely on its
own behalf under the applicable Laws of India and general principles of Contract Law.
The Bidder/Service Provider expressly agrees, acknowledges and understands that
Employer is not an agent, representative or delegate of the Government of India. It is
further understood and agreed that the Government of India is not and shall not be liable
for any acts, omissions, commissions, breaches or other wrongs arising out of the
Contract. Accordingly, Bidder/Service Provider hereby expressly waives, releases and
foregoes any and all actions or claims, including cross claims, impleader claims or
counter claims against the Government of India arising out of this Contract and
covenants not to sue to Government of India as to any manner, claim, cause of action or
thing whatsoever arising of or under this agreement/Contract.
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2.5 SITE VISIT:
2.5.1 The Bidder/Service Provider shall be deemed to have visited the Site(s)/work centre(s)
and familiarized itself while submitting the Tender. Non-familiarity with the Site
conditions by the Bidder/ Service Provider will not be considered a reason either for
extra claim(s) or for any delay in performance or any other claim in this regard.
2.6 ACTION IN CASE OF CORRUPT/ FRAUDULENT/ COLLUSIVE/ COERCIVE

PRACTICES AND POOR PERFORMANCE:
The Bidder(s)/Service Provider(s) are required to abide by the following documents:
(i) The procedure for action in case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices
containing provisions for putting a Bidder/Service Provider on suspension and/or
banning list (as the case may be) if such an agency has indulged in Corrupt/ Fraudulent/
Collusive/ Coercive Practices.
The Procedure is enclosed as Appendix 1 to this GCC.
Further, Bidder(s)/Service Provider(s) accepts and certifies that they would adhere to the
Fraud Prevention Policy of GAIL and shall not indulge themselves or allow others
(working in GAIL) to indulge in fraudulent activities and that they would immediately
apprise the Owner/GAIL/Organization(s) of the fraud/ suspected fraud as soon as it
comes to their notice. The Fraud Prevention Policy document is available on GAIL’s
website (www.gailonline.com).
(ii) The procedure for evaluation of performance of Service Provider containing provisions
for putting a Service Provider on suspension and/or holiday list (as the case may be).
The Procedure is enclosed as Appendix 2 to this GCC.
2.7 RETIRED GOVERNMENT OR EMPLOYER’s OFFICERS:
2.7.1 No Employee/Officer employed in Engineering or Administrative duties in an

Engineering Department of the States/ Central Government or of the Employer is
allowed to service as a Service Provider for a period of one year after his retirement
/resignation /severance from Government Service or from the employment of the
Employer without the previous permission of the Employer. The Contract, if awarded,
is liable to be terminated if either the Service Provider or any of his employees is found
at any time to be such a person, who has not obtained the permission of the State/Central
Government or of the Employer as aforesaid before submission of tender, or engagement
in the Service Provider's service as the case may be.
2.8 CONFLICT OF INTEREST:
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2.8.1 During the currency of Contract and after its termination, the Service Provider and its
affiliates, shall be disqualified from providing any goods, works or services for any
project resulting from or closely related to the Services.
2.9 ABNORMAL RATES:
2.9.1 The Tenderer is expected to quote rate for each item after careful analysis of cost
involved for the performance of the completed item considering all specifications and
Conditions of Contract. In case, it is noticed that the rates quoted by the Tenderer for
any item are unusually higher or unusually lower, it will be sufficient cause for the
rejection of the tender/bid unless the Employer is convinced about the reasonableness
after scrutiny of the analysis for such rate(s) to be furnished by the Tenderer (on
demand).
2.9.2 In case of Abnormally High Rated (AHR) item(s), the same shall be dealt as per AHR
clause in the SCC (as applicable).
2.10 GENERAL OBLIGATIONS OF SERVICE PROVIDER:
Service Provider shall, in accordance with and subject to the terms and conditions of this
Contract:
2.10.1 perform the services in accordance with the Scope of Services /Specifications and
Activity Schedule of the Tender Document and carry out its obligations with all due
diligence and efficiency, in accordance with generally accepted professional techniques
and practices and shall observe sound management practices and employ appropriate
advance technology and safe methods. When completed, the job/services shall be fit for
the purpose for which the services are intended as specifically defined in the Contract.
2.10.2 provide all labour as required to provide the Service unless otherwise provided in the
Scope of Services or Special Conditions of the Contract.
2.10.3 perform all other obligations, jobs / services which are required by the terms of this
Contract or which reasonably can be implied from such terms as being necessary for
providing necessary service as per the Contract.
2.10.4 be deemed to have satisfied himself before submitting his bid as to the correctness and
sufficiency of its bid for the services required and of the rates and prices quoted, which
rates and prices shall, except insofar as otherwise provided, cover all its obligations
under the Contract.
2.10.5 give or provide all necessary supervision during the performance of the services and as
long thereafter within the warranty period/DLP as Employer may consider necessary for
the proper fulfilling of Service Provider's obligations under the Contract.
2.10.6 not disrupt the Services of the Employer being carried out by the Service Provider / and
shall provide access for carrying out job/services to:
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- Employer’s personnel(s), and /or
- any other Contractor(s) / Service Provider(s) employed by Employer, and /or
- personnel of public authority(ies)/third party(ies)
Further, the Service Provider shall execute the job carefully without causing damage to
the existing facility(ies) and facility(ies) of third party(ies) and in case of such happening
shall immediately bring to the notice of EIC..
Further, the coordination and inspection of the day-to-day job under the Contract shall
be the responsibility of the Engineer-in-Charge (EIC). The EIC or his authroised
representative including any statutory authority shall at all reasonable times, have full
power and authority to access and inspect the Services wherever in progress either on
the Site or at the Service Provider’s premises/workshops and the Service Provider shall
afford or procure every facility and assistance to carry out such inspection. Such
Inspection shall not release the Service Provider from any obligation under the Contract.
2.11 SERVICE PROVIDER’s REPRESENTATIVE & PERSONNEL:
2.11.1 Service Provider shall appoint a person (“Service Provider’s Representative”) who shall
be responsible for and authorized to represent it at all times during the progress of the
Service and to receive and to act on any request made by Employer in the performance
of the Service pursuant to the terms of this Contract.
2.11.2 Service Provider's Representative shall have full authority to represent and bind the
Service Provider in relation to any matter concerning the Service Provider’s performance
of the services under the Contract and Employer shall be entitled to rely on all the
decisions of the Service Provider’s Representative as if they were the decisions of the
Service Provider.
2.11.3 Service Provider's Representative shall supervise, coordinate and ensure the quality of
all aspects of his obligations under this Contract. Service Provider shall not change its
Representative without the prior approval of Employer.
2.11.4 Service Provider's Representative shall liaise with Employer for the proper coordination
and timely completion of the Services and on any matter pertaining to the same.
2.11.5 Service Provider's Representative shall extend full cooperation to Employer’s

representatives/inspector in the manner required by them for supervision /inspection/
observation of equipment, material, procedures, performance, reports and records
pertaining to Services.
2.11.6 Service Provider's Representative shall have complete charge of his personnel engaged
in the performance of the Service and to ensure compliance of rules and regulations and
safety practice.
2.11.7 If the Service Provider’s Representative is found not acceptable to the EIC, the Service
Provider shall, as soon as practicable, having regard to the requirement of replacing him,
after receiving notice of such withdrawal, remove the representative and shall not
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thereafter employ him again on the Services in any capacity and shall replace him by
another representative acceptable to the EIC.
2.12 SERVICE PROVIDER’S EMPLOYEES / PERSONNEL:
The Service Provider in connection with performing the Services and remedying of any
defects, shall provide:
(a) only such skilled and experienced personnel(s) in their respective areas; and
(b) such skilled, semi-skilled and un-skilled labour as is necessary for the proper and
timely fulfilling of the Service Provider’s obligations under the Contract.
The Service Provider shall provide skilled / qualified /experienced personnel, if specified
in the SCC /Scope of Work.
While engaging the contractual manpower, Service Provider is required to make effort
to provide opportunity of employment to the people belonging to Scheduled Castes and
weaker sections of society also in order to have a fair representation of these sections.
2.13 CONTRACT PERFORMANCE SECURITY (CPS):

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

Provider (if authorized by Employer) shall damage, break, deface or destroy any
property /equipment belonging to the Employer or third party(ies) during the execution
of this Contract, the same shall be made good by the Service Provider at his own
expenses and in default thereof, the EIC may cause the same to be made good by other
agencies and recover expenses plus 15% overhead from the Service Provider. The
decision of EIC in this matter shall be final and binding on the Service Provider.
2.13.4 All compensation, claim or other sums of money payable by the Service Provider to the
Employer under terms of this Contract may be deducted from or paid by the encashment
of a sufficient part of his Contract Performance Security or from any sums which may
be due or may become due to the Service Provider by the Employer on any account
whatsoever and in the event of his CPS being reduced by reasons of any such deductions
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or sale of aforesaid, the Service Provider shall within ten days thereafter make good in
form of bank draft(s)/BG/LC (as the case may be) as aforesaid any sum or sums which
may have been deducted from or realised by encashment of his CPS, or any part thereof.
The Service Provider shall pay to the Employer on demand without protest any balance
remaining due. In this regard no interest shall be payable by the Employer to Service
Provider for such sum deposited as CPS.
2.13.5 The CPS deposit shall cover the entire Contract value including extra jobs/ services. As
long as the CPS submitted at the time of award take cares the extra jobs/ services
executed and total executed value are within the awarded Contract price, there is no need
for additional CPS . As soon as the total executed value is likely to exceed the ceiling of
awarded Contract Value, the Service Provider should furnish additional CPS through
DD or submit amendment to existing BG/LC to effect the enhancement of CPS.
2.13.6 Failure of the successful bidder to comply with the requirements of Clause 2.13 shall
constitute sufficient grounds for the annulment of the award, the forfeiture of CPS and
any other actions or remedies available to the Employer.
2.14 FAILURE BY THE SERVICE PROVIDER TO COMPLY WITH THE

PROVISIONS OF THE CONTRACT:
2.14.1 If the Service Provider refuses or fails to provide the Service or any part thereof with
such diligence as will ensure its performance within the time specified in the Contract
or extension thereof or fails to perform any of his obligation under the Contract or in any
manner commits a breach of any of the provisions of the Contract it shall be open to the
Employer at its option by written notice to the Service Provider:
a) TO DETERMINE THE CONTRACT in which event the Contract shall stand

terminated and shall cease to be in force and effect on and from the date
appointed by the Employer on that behalf, whereupon the Service Provider shall
stop forthwith any of the Service then in progress, except such Service as the
Employer may, in writing, require to be done to safeguard any property or work
or installations from damage, and the Employer, for its part, may take over the
Service remaining unfinished by the Service Provider and complete the same
through another service provider or by other means, at the risk and cost of the
Service Provider, and any of his sureties if any, shall be liable to the Employer
for any excess cost occasioned by such service having to be so taken over and
obtained by the Employer over and above the cost at the rates specified in the
schedule of quantities and rate/prices.
b) WITHOUT DETERMINING THE Contract to take over the Service of the

Service Provider or any part thereof and complete the same through other service
provider or by other means at the risk and cost of the Service Provider. The
Service Provider and any of his sureties are liable to the Employer for any excess
cost over and above the cost at the rates specified in the Schedule of Quantities/
rates, occasioned by such services having been taken over and completed by the
Employer.
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2.14.2 In such events of Clause 2.14.1(a) or (b) above, the following shall be applicable:-
a) The whole or part of the Contract Performance Security furnished by the Service
Provider is liable to be forfeited without prejudice to the right of the Employer
to recover from the Service Provider the excess cost referred to in the sub-clause
aforesaid. The Employer shall also have the right of taking possession and
utilising in completing the services or any part thereof, such as materials,
equipment and plants available at service site belonging to the Service Provider
as may be necessary and the Service Provider shall not be entitled for any
compensation for use or damage to such materials, equipment and plant.
b) The amount that may have become due to the Service Provider on account of
service already executed by him shall not be payable to him until after the expiry
of Six (6) calendar months reckoned from the date of termination of Contract or
from the taking over of the Service or part thereof by the Employer as the case
may be, during which period the responsibility for faulty material or
workmanship in respect of such service shall, under the Contract, rest exclusively
with the Service Provider. This amount shall be subject to deduction of any
amounts due from the Contract to the Employer under the terms of the Contract
authorised or required to be reserved or retained by the Employer.
2.14.3 Before taking any action as per Clause 2.14.1(a) or (b) if in the judgment of the Employer,
the default or defaults committed by the Service Provider is/are curable and can be cured
by the Service Provider if an opportunity given to him, then the Employer may issue
Notice in writing calling the Service Provider to cure the default within such time
specified in the Notice.
2.14.4 The Employer shall also have the right to proceed or take action as per 2.14.1(a) or (b)
above, in the event that the Service Provider becomes bankrupt, insolvent, compounds
with his creditors, assigns the Contract in favour of his creditors or any other person(s)
or being a company or a corporation goes into voluntary liquidation, provided that in the
said events it shall not be necessary for the Employer to give any prior notice to the
Service Provider.
2.14.5 Termination of the Contract as provided for in sub- clause 2.14.1(a) above shall not
prejudice or affect their rights of the Employer which may have accrued upto the date of
such termination.
2.15 SERVICE PROVIDER REMAINS LIABLE TO PAY COMPENSATION IF

ACTION NOT TAKEN UNDER CLAUSE 2.14
2.15.1 If in any case in which any of the powers conferred upon the Employer by clause 2.14
thereof shall have become exercisable and the same had not been exercised, the non-
exercise thereof shall not constitute a waiver of any of the conditions hereof and such
powers shall notwithstanding be exercisable in the event of any further case of default
by the Service Provider for which by any clause or clauses hereof he is declared liable
to pay compensation amounting to the whole of his Contract Performance Security, and
the liability of the Service Provider for past and future compensation shall remain
unaffected. In the event of the Employer putting in force the power under above sub-
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clause 2.14 (a) or 2.14 (b) vested in him under the preceding clause he may, if he so
desired, take possession of all or any tools and plants, materials and stores at the site
thereof belonging to the Service Provider or procured by him and intended to be used
for the execution of the Service or any part thereof paying or allowing for the same in
account at the Contract rates or in case of these not being applicable, at current market
rates to be certified by the EIC whose certificate thereof shall be final, otherwise the EIC
may give notice in writing to the Service Provider or Service Provider’s Representatives
requiring him to remove such tools, plant, materials or stores from the premises (within
a time to be specified in such notice).
Failure of any action by the Service Provider for removal of material/tools/plant/store

etc. within the period mentioned in notice of EIC, the Employer shall also be entitled to
recover handling and storage charges @5% of the estimated value of material
tools/plant/store for each month or part of a month without relieving the Servicer
Provider from any other related liability. In the event of the Service Provider’s failure
to remove the same within a period of 6 months or as decided by the EIC, the EIC may
take action for removal through auction or private sale on behalf of the Service Provider
and at his risk in all respects. The Service Provider shall be liable to pay the Employer
the handling & storage charges per month or a part of the month from the date of serving
the notice by the EIC to the date of removal of the materials by the Employer plus
overhead charges @ 15% of sale value of such materials. In case of negative or zero sale
value, the overhead charges shall be applicable on the handling & storage charges. The
decision of EIC w.r.t. such removal and the amount of the proceeds shall be final and
binding on the Service Provider.
2.16 CHANGE IN CONSTITUTION:
2.16.1 Where the Service Provider is a partnership firm, the prior approval of the Employer
shall be obtained in writing, before any change is made in the constitution of the firm.
Where the Service Provider is an individual or a Hindu undivided family business
concern, such approval as aforesaid shall, likewise be obtained before such Service
Provider enters into any agreement with other parties, where under, the reconstituted
firm would have the right to carry out the service hereby undertaken by the Service
Provider. In either case if prior approval as aforesaid is not obtained, the Contract shall
be deemed to have been allotted in contravention of clause 2.23 hereof.
2.17 TERMINATION OF CONTRACT:
2.17.1 TERMINATION OF CONTRACT FOR DEATH
If the Service Provider is an individual or a proprietary concern and the individual or the
proprietor dies or if the Service Provider is a partnership concern and one of the partner
dies then unless, the Employer is satisfied that the legal representative of the individual
or the proprietary concern or the surviving partners are capable of carrying out and
completing Contract, the Employer is entitled to cancel the Contract for the uncompleted
part without being in any way liable for any compensation payment to the estate of the
deceased Service Provider and/or to the surviving partners of the Service Provider's firm
on account of the cancellation of Contract. The decision of the Employer/EIC in such
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assessment shall be final & binding on the parties. In the event of such cancellation, the
Employer shall not hold the estate of the deceased Service Provider and/or the surviving
partners of Service Provider's firm liable for any damages for non-completion of the
Contract.
2.17.2 TERMINATION OF CONTRACT IN CASE OF LIQUIDATION /

BANKRUPTCY, ETC.
If the Service Provider shall dissolve or become bankrupt or insolvent or cause or suffer
any receiver to be appointed of his business of any assets thereof compound with his
Creditors, or being a corporation commence to be wound up, not being a member's
voluntary winding up for the purpose of amalgamation or reconstruction, or carry on its
business under a Receiver for the benefits of its Creditors any of them, Employer shall
be at liberty to terminate the Contract forthwith upon coming to know of the happening
of any such event as aforesaid by notice in writing to the Service Provider or to give the
Receiver or Liquidator or other person, the option of carrying out the Contract subject
to his providing a guarantee up to an amount to be agreed upon by the Employer for due
and faithful performance of the Contract.
2.17.3 TERMINATION OF CONTRACT FOR CORRUPT / FRADULENT /

COLLUSIVE / COERCIVE PRACTICES AND NON-PERFORMANCE
If the Bidder/Service Provider is found to have indulged in Corrupt/ Fraudulent

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

the Service Provider initially shall be put on suspension list and thereafter on holiday list
of Employer for a period mentioned in the detailed procedure, to be reckoned from the
date of communication by Owner/Employer. The detailed procedure for evaluation of
performance in this regard may be referred as enclosed as Appendix 2.
2.17.4 TERMINATION FOR CONVENIENCE
Notwithstanding anything contained in the Contract, the Employer may, by 30 (Thirty)

days written notice, terminate the Contract in whole or in part. In addition to the payment
mentioned at clause 2.18, the Service Provider shall be compensated for de-mobilization
and other costs incurred at mutually negotiated terms.
In case of such termination, the obligation of the Employer to pay, shall be limited to the
extent of work/job completed by the Service Provider as per provision of the Contract
upto the date of termination, subject to the Service Provider complying with other terms
of the Contract.
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Notwithstanding the termination of the Contract, the parties shall continue to be bound
by the provisions of this Contract that reasonably require some action or forbearance
after such termination.
2.18 AMOUNT PAYABLE IN CASE OF TERMINATION:
2.18.1 In all cases of termination herein set forth, the obligation of the Employer to pay, shall
be limited to the extent of service rendered by Service Provider as per provision of the
Contract upto the date of termination, subject to the Service Provider complying with
other terms of the Contract. Notwithstanding the termination of the Contract, the parties
shall continue to be bound by the provisions of this Contract that reasonably require
some action or forbearance after such termination.
2.19 MEMBERS OF THE EMPLOYER NOT INDIVIDUALLY LIABLE:
2.19.1 No Director, or official or employee of the Employer shall in any way be personally
bound or liable for the acts or obligations of the Employer under the Contract or
answerable for any default or omission in the observance or performance of any of the
acts, matters or things which are herein contained.
2.20 EMPLOYER NOT BOUND BY PERSONAL REPRESENTATIONS:
2.20.1 The Service Provider shall not be entitled to any increase on the scheduled rates or any
other right or claim whatsoever by reason of any representation, explanation statement
or alleged representation, promise or guarantees given or alleged to have been given to
him by any person.
2.21 FORCE MAJEURE:
2.21.1 In the event of either party being rendered unable by Force Majeure to perform any
obligations required to be performed by them under the Contract the relative obligation
of the party affected by such Force Majeure shall upon notification to the other party be
suspended for the period during which Force Majeures event lasts. The cost and loss
sustained by the either party shall be borne by the respective parties.
The term "Force Majeures" as employed herein shall include:
(a) act of terrorism;

(b) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared
or not), civil war, rebellion, revolution, insurrection of military or usurped power;
(c) ionising radiation or contamination, radio activity from any nuclear fuel or from
any nuclear waste from the combustion of nuclear fuel, radioactive toxic
explosive or other hazardous properties of any explosive assembly or nuclear
component;
(d) epidemics, earthquakes, flood, fire, hurricanes, typhoons or other physical
natural disaster, but excluding weather conditions regardless of severity; and
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(e) freight embargoes, strikes at national or state-wide level or industrial disputes at
a national or state-wide level in any country where Works/Services are
performed, and which affect an essential portion of the Works/Services but
excluding any industrial dispute which is specific to the performance of the
Works/Services or the Contract.
For the avoidance of doubt, inclement weather, third party breach, delay in supply of
materials (other than due to a nationwide transporters’ strike) or commercial hardship
shall not constitute a Force Majeure event.
2.21.2 Notification of Force Majeure
The affected party shall notify within 10 (ten) days of becoming aware of or the date it
ought to have become aware of the occurrence of an event of Force Majeure giving full
particulars of the event of Force Majeure and the reasons for the event of Force Majeure
preventing the affected party from, or delaying the affected party in performing its
obligations under the Contract.
2.21.3 Right of either party to terminate
If an event of Force Majeure occurs and its effect continues for a period of 180 (one
hundred eighty) days or more in a continuous period of 365 (three hundred sixty five)
days after notice has been given under this clause, either party may terminate the
Contract by issuing a written notice of 30 (thirty) days to the other party.
Further, the Service Provider shall with all reasonable diligence remove from the Site all
the Service Provider's equipment and shall give similar facilities to his Sub Service
Provider to do so.
2.21.4 Payment in case of termination due to Force Majeure
The Contract Price attributable to the Works/Services performed till the date of the
commencement of the relevant event of Force Majeure with effective recovery/ retention
shall be payable to Service Provider.
The Service Provider has no entitlement and Employer has no liability for:
a) any costs, losses, expenses, damages or the payment of any part of the Total
Contract Price during an event of Force Majeure; and
b) any delay costs in any way incurred by the Service Provider due to an event of
Force Majeure.
2.21.5 Time for performance of the relative obligation suspended by the Force Majeureshall
then stand extended by the period for which such cause lasts.
2.21.6 Outbreak of War:
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If during the currency of the Contract there shall be an out break of war whether declared
or not, in that part of the World which whether financially or otherwise materially affect
the execution of the Work, the Service Provider shall unless and until the Contract is
terminated under the provisions in this clause continue to use his best endeavour to
complete the execution of the Work/Services, provided always that the Employer shall
be entitled, at any time after such out break of war to terminate or re-negotiate the
Contract by giving notice in writing to the Service Provider and upon such notice being
given the Contract shall, save as to the rights of the parties under this clause and to the
operation of the clauses entitled settlement of Disputes and Arbitration hereof, be
terminated but without prejudice to the right of either party in respect of any antecedent
breach thereof.
2.22 PRICE REDUCTION SCHEDULE:
2.22.1 Time is the essence of the Contract. In case the Service Provider fails to mobilize / deploy
the required manpower and the complete equipments so as to commence the Services
within Mobilisation Period and complete the Services within the stipulated period, then,
unless such failure is due to Force Majeure as defined in Clause 2.21 herein above or
due to Employer's defaults, the total Value of Contract shall be reduced by ½ (half) %
of the total Value of Contract per complete week of delay or part thereof subject to a
maximum of 5 (five) % of the total Value of Contract, by way of reduction in price for
delay and not as penalty.
The Employer shall be at liberty to adjust or deduct the said amount from amount due to
the Service Provider / it’s Contract Performance Security payable on demand.
The decision of the EIC with respect to applicability of Price Reduction Schedule shall
be final and binding on the Service Provider.
2.22.2 The parties agree that this is a genuine pre-estimate of the loss/damage which will be
suffered by the Employer on account of delay on the part of the Service Provider and the
said amount will be adjusted for the amount payable to the Service Provider, without
there being any proof of the actual loss or damages having been caused by such
delay/breach.
2.22.3 The Price Reduction will be calculated on the basis of total Value of Contract / executed
Value of Contract (as the case may be) excluding taxes and duties where such taxes and
duties have been shown separately in the Contract.
2.22.4 As mentioned above, in case of delay in execution of Contract, Service Provider will
raise invoice for reduced value as per Price Reduction Clause. If Service Provider has
raised the invoice for full value, then Service Provider will issue Credit Note towards
the applicable Price Reduction Schedule amount.
In case Service Provider fails to submit the invoice for reduced value or does not issue
credit note as mentioned above, GAIL will release the payment to Service Provider after
effecting the Price Reduction Schedule clause.
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In the event any financial implication arises on GAIL due to issuance of invoice without
reduction in price or non-issuance of Credit Note, the same shall be to the account of
Service Provider.
2.23 ASSIGNMENT/SUBLET:
2.23.1 The Service Provider shall not, save with previous written consent of the Engineer-in-
charge, sublet, transfer or assign the Contract or any part thereof or interest therein or
benefit or advantage thereof in any manner whatsoever. Provided, nevertheless, that any
such consent shall not relieve the Service Provider from any obligation, duty or
responsibility under the Contract.
2.23.2 The basic scope of Services cannot be sublet. However, on specific request of the Service
Provider and subject to written consent of Employer, the Service Provider may sublet
allied/incidental jobs related to the Services. Such consent shall not relieve the Service
Provider from any obligation, duty or responsibility under the Contract and Service
Provider shall be fully responsible for the Services hereunder and the execution and
performance of the Contract.
2.23.3 Sub-letting of whole Contract is prohibited. An undertaking to this effect will be given
by Service Provider along with each invoice/ bill.
2.24 LIENS:
2.24.1 If, at any time there should be evidence of any lien or claim for which the Employer
might have become liable and which is chargeable to the Service Provider, the Employer
shall have the right to retain out of any payment then due or thereafter to become due an
amount sufficient to completely indemnify the Employer against such lien or claim and
if such lien or claim be valid, the Employer may pay and discharge the same and deduct
the amount so paid from any money which may be or may become due and payable to
the Service Provider. If any lien or claim remain unsettled after all payments are made,
the Service Provider shall refund or pay to the Employer all money that the latter may
be compelled to pay in discharging such lien or claim including all costs and reasonable
expenses.
2.24.2 The Employer shall have lien on all materials, equipments including those brought by
the Service Provider for the purpose of providing service.
2.24.3 The final payment shall not become due until the Service Provider delivers to the EIC a
complete release or waiver of all liens arising or which may arise out of his agreement
or receipt in full or certification by the Service Provider in a form approved by EIC that
all invoices for labour, materials, services have been paid in lien thereof and if required
by the EIC in any case an affidavit that so far as the Service Provider has knowledge or
information the releases and receipts include all the labour and material for which a lien
could be filled.
2.24.4 Service Provider will indemnify and hold the Employer harmless, for a period of two
years after the issue of Completion/Execution Certificate, from all liens and other
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encumbrances against the Employer on account of debts or claims alleged to be due from
the Service Provider or his Sub-Service Provider to any person and on behalf of
Employer, the Service Provider will defend at his own expense, any claim or litigation
brought against the Employer or the Service Provider including Sub-Service Provider in
connection therewith. Service Provider shall defend or contest at his own expense, any
fresh claim or litigation against the Employer by any person including his Sub-Service
Provider, till its satisfactory settlement even after the expiry of two years from the date
of issue of Completion/Execution Certificate.
2.25 DELAYS BY EMPLOYER OR HIS AUTHORISED REPRESENTATIVE:
2.25.1 In case the Service Provider's performance is delayed due to any act or omission on the
part of the Employer or his authorized Representative, then the Service Provider shall
be given due extension of time for the completion of the Service, to the extent such
omission on the part of the Employer has caused delay in the Service Provider's
performance of his Services.
2.25.2 No adjustment in Contract Price shall be allowed for reasons of such delays and
extensions granted except as provided in Tender Document, where the Employer
reserves the right to seek indulgence of Service Provider to maintain the agreed Time
Schedule of Completion. In such an event the Service Provider shall be obliged to
provide Service for additional time beyond stipulated time including Off-days / Holidays
or by enhancing resources to achieve the completion date/interim targets.
2.26 NO WAIVER OF RIGHTS:
2.26.1 None of the terms and conditions of this Contract shall be deemed waived by either
party unless such waiver is executed in writing by the duly authorized representative of
both the parties.
2.27 CERTIFICATE NOT TO AFFECT RIGHT OF EMPLOYER AND LIABILITY

OF SERVICE PROVIDER:
2.27.1 No interim payment certificate(s) issued by the EIC of the Employer, nor any sum paid
on account by the Employer, nor any extension of time for execution of the service
granted by Employer shall affect or prejudice the rights of the Employer against the
Service Provider or relieve the Service Provider of his obligations for the due
performance of the Contract, or be interpreted as approval of the Service done and no
certificate shall create liability for the Employer to pay for alterations, amendments,
variations or additional services not ordered, in writing, by Employer or discharge the
liability of the Service Provider for the payment of damages whether due, ascertained,
or certified or not or any sum against the payment of which he is bound to indemnify the
Employer.
2.28 LANGUAGE AND MEASURES:
2.28.1 All documents pertaining to the Contract including Specifications, Schedules, Notices,
Correspondence, operating and maintenance Instructions or any other writing shall be
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written in English/Hindi language. The Metric System of measurement shall be used in
the Contract unless otherwise specified.
2.29 RELEASE OF INFORMATION:
2.29.1 The Service Provider shall not communicate or use in advertising, publicity, sales
releases or in any other medium, photographs, or other reproduction of the Service under
this Contract or description of the site dimensions, quantity, quality or other information
concerning the Service unless prior written permission has been obtained from the
Employer.
2.30 COMPLETION PERIOD, CONTRACT PERIOD AND COMPLETION OF

CONTRACT:
2.30.1 The Completion Period of Service and Contract Period shall be as mentioned in Special
Conditions of Contract.
2.30.2 Unless terminated under the provisions of any other relevant clause, this Contract shall
be deemed to have been completed at the expiration of the Defect Liability Period as
provided for under the Contract.
2.31 INDEPENDENT CAPACITY
2.31.1 The parties intend that an independent Service Provider relationship will be created by
this Contract. The Service Provider and his/her employees or agents performing under
this Contract are not employees or agents of the Employer. The Service Provider will
neither hold himself/herself out as nor claim to be an officer or employee of the
Employer by reasons hereof, nor will the Service Provider make any claim of right,
privilege or benefit that would accrue to such employee under law. Conduct and control
of work will be solely with the Service Provider.
2.32 NOTICE
2.32.1 TO THE SERVICE PROVIDER: Any notice to be given to the Service Provider or his
duly authorised representative at the job Site under the terms of the Contract may be
served by the Employer by facsimile / e-mail or through registered post/Courier at the
address/contact information furnished by the Service Provider. Proof of issue of any such
notice could be conclusive of the Service Provider having been duly informed of all
contents therein.
2.32.2 TO THE EMPLOYER: Any notice to be given to the EIC of the Employer under the
terms of the Contract may be served by the Service Provider, by facsimile / e-mail or
delivering the same through registered post /Courier at the concerned site office.
2.32.3 Either party may change a nominated address to another address in the country where the
Services are being provided by prior notice to the other party, with a copy to EIC and
the EIC may do so by prior notice to both the parties. The decision of EIC in this regard
shall be final and binding on the parties.
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2.33 CONFIDENTIALITY:
The Service Provider, it’s Sub-Service Provider and their personnel shall not, either
during the term or within two (2) years after the expiration of this Contract, disclose any
proprietary or confidential information related to Service/project, this Contract, or
Employer’s business or operations without the prior written consent of the Employer.
2.34 INTELLECTUAL PROPERTY RIGHT:
The Service Provider shall retain the copy right and other intellectual property rights in
the Service Provider’s document and other design documents made by (or on behalf of)
Subject to the confidentiality obligations, by signing the Contract, within the Contract
Price, the Service Provider shall be deemed to give to the Employer a non-terminable,
transferable, non-exclusive and royalty-free right to copy, use and communicate the
Service Provider’s documents for the operation, maintenance, repair of the Service and
Statutory purposes, but not for any other purpose. Such documents of the Service
Provider shall not be used, copied or communicated to a third party by or on behalf of
the Employer for the purposes other than those permitted, without the Service Provider’s
Consent.
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SECTION - III
3.0 PERFORMANCE OF SERVICE
3.1 EXECUTION OF SERVICES:
3.1.1 All Services shall be provided in strict conformity with the provisions of the Contract
Documents and with such explanatory detailed specification and instruction as may be
furnished from time to time to the Service Provider by EIC. The Service Provider shall
undertake to perform all Services under this Contract with all reasonable skill, diligence
and care in accordance with sound industry practice or international / national standards,
wherever applicable (as the case may be) to the satisfaction of the Employer and accept
full responsibility for the satisfactory quality of such services as performed by them.
3.2 CHANGES IN SERVICES:
3.2.1 During the performance of the Services, EIC / Employer may make a change in the
Services within the general scope of this Contract including, but not limited to, changes
in methodology and minor additions to or deletions from the Services and Service
Provider shall render the service as changed. Changes of this nature will be affected by
a written order (i.e. Amendment) by the Employer. The time of completion of the said
job may be extended for the part of the particular job at the discretion of Engineer-In-
Charge, for only such alterations or substitutions of the Services, as he may consider just
and reasonable.
3.2.2 If any change result in an increase in compensation payable to Service Provider or in

terms of a credit to be passed on to Employer, Service Provider shall submit to EIC an
estimate of the amount of such compensation or credit in a form prescribed by Employer.
Such estimates shall be based on the rates shown in the Schedule of Rates. Upon review
of Service Provider's estimate, Employer shall establish and set forth in the written order
the amount of the compensation or credit for the change or a basis for determining a
reasonable compensation or credit for the change.
3.3 ACTION AND COMPENSATION IN CASE OF POOR SERVICE:
3.3.1 If it shall appear to the EIC that any service has been rendered with unsound, imperfect
or unskilled way, or with materials /manpower of any inferior description, or that any
materials / manpower provided by the Service Provider for the execution of the Service
are unsound, or of a quality inferior to that Contracted for, or otherwise not in accordance
with the Contract, the Service Provider shall on demand in writing from the EIC or his
authorized representative specifying the Service, materials or manpower complained of
notwithstanding that the same may have been inadvertently passed, certified and paid
for, forthwith rectify the service so specified and at his own cost and in the event of
failure to do so within the period specified by the EIC in his demand aforesaid, the
Service Provider shall be liable to pay compensation at the rate of 1 % (One percent) of
the estimated cost of the whole Service, for every week limited to a maximum of 10%
(ten percent) of the value of the whole Service, in event of his failure to do so the EIC
may on expiry of notice period rectify/re-execute the Service as the case may be at the
risk and expense in all respects of the Service Provider or may terminate the contract
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due to non-performance. The decision of the EIC as to any question arising under this
clause shall be final and conclusive.
3.4 SUSPENSION OF SERVICES:
3.4.1 Subject to the provisions of sub-para 3.4.2 of this clause, the Service Provider shall, if
ordered in writing by the EIC, temporarily suspend the Services or any part thereof for
such written order and not proceed with the Service therein ordered to be suspended
until, he shall have received a written order to proceed therewith. The Service Provider
shall not be entitled to claim compensation for any loss or damage sustained by him by
reason of temporary suspension of the Services aforesaid. An extension of time for
completion, corresponding with the delay caused by any such suspension of the Services
as aforesaid will be granted to the Service Provider should he apply for the same
provided that the suspension was not consequent to any default or failure on the part of
3.4.2 In case of suspensions of entire Service, ordered in writing by EIC, for a period of more
than two months, the Service Provider shall have the option to terminate the Contract.
3.5 DEFECTS LIABILITY PERIOD:
3.5.1 The Service Provider unless otherwise specified elsewhere in the tender document shall
guarantee the installation/Service for a period of 12 months from the date of completion
of Service mentioned in the Completion Certificate issued by the EIC. Any damage or
defect that may arise or lie undiscovered at the time of issue of Completion Certificate,
connected in any way with the equipment or materials supplied by him or in the
workmanship, shall be rectified or replaced by the Service Provider at his own expense
as deemed necessary by the EIC. In case of default, the EIC may carry out such services
by other service provider(s) and deduct actual cost incurred towards labour, supervision
and materials consumables or otherwise plus 15% towards overheads from any sums
that may then be or at any time thereafter, become due to the Service Provider or from
his Contract Performance Security, or the proceeds of sale thereof or a sufficient part on
thereof. The decision of EIC in this regard shall be final and binding.
3.5.2 If the Service Provider feels that any variation in Service or in quality of materials or
proportions would be beneficial or necessary to fulfill the guarantees called for, he shall
bring this to the notice of the EIC in writing. If during the period of liability any portion
of the Service/Equipment, is found defective and is rectified/ replaced, the period of
liability of 12 months for such equipment/ portion of Service shall be operative from the
date such rectification/ replacement are carried out and Contract Performance Guarantee
shall be furnished separately for the extended period of liability for that portion of
Service/ Equipment only. However, in no such case extension will exceed 24 months
from the date of initial DLP. Notwithstanding the above provisions the supplier's,
guarantees/warrantees for the replaced/rectified Equipment/Service shall also be passed
on to the Employer.
3.6 COMPLETION CERTIFICATE:
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3.6.1 APPLICATION FOR COMPLETION CERTIFICATE: When the Service Provider
fulfills his obligation under the Contract he shall be eligible to apply for Completion
Certificate. The EIC shall normally issue to the Service Provider the Completion
Certificate within one month after receiving any application thereof from the Service
Provider after verifying from the completion documents and satisfying himself that the
Service has been rendered in accordance with and as set out in the Contract Documents.
The Service Provider, after obtaining the Completion Certificate, is eligible to present
the final bill for the Service executed by him under the terms of Contract.
Completion of jobs/services for issuance of completion certificate shall constitute

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

following documents will be deemed to form the completion documents:
i) The technical documents according to which the Service was carried out.
ii) Material appropriation, Statement for the materials issued by the Employer for
the Service and list of surplus materials returned to the Employer's store duly
supported by necessary documents
3.6.4 EXECUTION CERTIFICATE:

Execution Certificate against Rate/ Maintenance contract shall be issued by EIC
against written request from Service Provider.
3.7 FINAL DECISION & FINAL CERTIFICATE:
3.7.1 Upon expiry of the period of liability and subject to the Engineer-in-Charge being
satisfied that the Service Provider has in all respect duly made-up any shortfall and
performed all his obligations under the Contract, the Engineer-in- Charge shall (without
prejudice to the rights of the Employer to retain the provisions of relevant Clause hereof)
otherwise give a certificate herein referred to as the Final Certificate to that effect. The
Service Provider shall not be considered to have fulfilled the whole of his obligations
under Contract until Final Certificate shall have been given by the Engineer-In- Charge.
3.8 LIMITATION OF LIABILITY
3.8.1 Notwithstanding anything contrary contained herein, the aggregate total liability of
Service Provider to Employerunder the Contract shall not exceed the Total Contract
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Value, except that this clause shall not limit the liability of the Service Provider for
following:
(a) In the event of breach of any Applicable Law;
(b) In the event of fraud, willful misconduct or illegal or unlawful acts, or gross
Negligence of the Service Provider or any person acting on behalf of the Service
Provider; or
(c) In the event of acts or omissions of the Service Provider which are contrary to the
most elementary rules of diligence which a conscientious Service Provider would have
followed in similar circumstances; or
(d) In the event of any claim or loss or damage arising out of infringement of Intellectual
Property; or
(e) For any damage to any third party, including death or injury of any third party caused
by the Service Provider or any person or firm acting on behalf of the Service Provider
in executing the Works/Services.
However, neither party shall be liable to the other Party for any indirect nor
consequential loss or damage like loss of use, loss of profit, loss of production or
business interruption which is connected with any claim arising under the Contract.
3.9 INDEMNITY:
3.9.1 If any action is brought before a Court, Tribunal or any other Authority against the
Employer or an officer or agent of the Employer, for the failure, omission or neglect on
the part of the Service Provider to perform any acts, matters, covenants or things under
the Contract, or damage or injury caused by the alleged omission or negligence on the
part of the Service Provider, his agents, representatives or his Sub- Service Provider's,
or in connection with any claim based on lawful demands of Sub-Service Provider's
servicemen suppliers or employees, the Service Provider, shall in such cases indemnify
and keep the Employer and/or their representatives harmless from all losses, damages,
expenses or decrees arising out of such action.
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SECTION – IV
4.0 PAYMENT, INSURANCE AND TAXES
4.1 DEDUCTION FROM THE CONTRACT PRICE:
4.1.1 All costs, damages or expenses which Employer may have paid or incurred, which under
the provisions of the Contract, the Service Provider is liable to pay to the Employer. All
such claims shall be claimed by the Employer from the Service Provider regularly as and
when they fall due. Such claims shall be paid by the Service Provider within 15 (fifteen)
days of the receipt of the corresponding bills/ claims and if not paid by the Service
Provider within the said period, the Employer may, then, deduct the amount from any
immediate moneys due to the Service Provider like R.A Bills, Final Bills, Contract
Performance Security or any payment becoming due to the Service Provider under the
Contract or may be recovered by actions of law or otherwise, if the Service Provider
fails to satisfy the Employer of such claims.
4.2 SCHEDULE OF RATES AND PAYMENTS:
4.2.1 SERVICE PROVIDER'S REMUNERATION:
The price to be paid by the Employer to Service Provider for the whole of the Service to
be done and for the performance of all the obligations undertaken by the Service Provider
under the Contract Documents shall be ascertained by the application of the respective
Schedule of Rates (the inclusive nature of which is more particularly defined by way of
application but not of limitation, with the succeeding sub-clause of this clause) and
payment to be made accordingly for the Services actually executed and approved by the
Engineer-in-Charge. The sum so ascertained shall (except only as and to the extent
expressly provided herein) constitute the sole and inclusive remuneration of the Service
Provider under the Contract and no further or other payment whatsoever shall be or
become due or payable to the Service Provider under the Contract.
4.2.2 SCHEDULE OF RATES TO BE INCLUSIVE:
The prices/rates quoted by the Service Provider shall remain firm till the issue of Final
Certificate and shall not be subject to escalation. Schedule of Rates shall be deemed to
include and cover all costs, expenses and liabilities of every description and all risks of
every kind to be taken in rendering the services to the Employer by the Service Provider.
The Service Provider shall be deemed to have known the nature, scope, magnitude and
the extent of the service though the Contract Document may not fully and precisely
furnish/specify them. The Tenderer shall deemed to include the requisite services as may
be required to complete the Services properly including remedying of any defect therein.
4.2.3 SCHEDULE OF RATES TO COVER CONSTRUCTION EQUIPMENTS,

MATERIALS, LABOUR ETC.:
Without in any way limiting the provisions of the preceding sub-clause the Schedule of
Rates shall be deemed to include and cover the cost of all construction equipment,
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temporary work (except as provided for herein), pumps, materials, labour, insurance,
fuel, consumables, stores & appliances and such other items / equipments / materials as
required for carrying out the services by the Service Provider and all other matters in
connection with each item in the Schedule of Rates and the execution of the Service or
any portion thereof finished, complete in every respect and maintained as shown or
described in the Contract Documents or as may be ordered in writing during the
continuance of the Contract.
4.2.4 SCHEDULE OF RATES TO COVER ROYALTIES, RENTS AND CLAIMS:
The Schedule of Rates (i.e., Value of Contract) shall be deemed to include and cover the
cost of all royalties and fees for the articles and processes, protected by letters, patent or
otherwise incorporated in or used in connection with the Service, also all royalties, rents
and other payments in connection with obtaining materials of whatsoever kind for the
Service and shall include an indemnity to the Employer which the Service Provider
hereby gives against all actions, proceedings, claims, damages, costs and expenses
arising from the incorporation in or use in the Service of any such articles, processes or
materials, octroi or other municipal or local Board Charges, if levied on materials,
equipment or machineries to be brought to site for use for Services shall be borne by the
Service Provider.
4.2.5 SCHEDULE OF RATES TO COVER TAXES AND DUTIES:
No exemption or reduction of Customs Duties, GST, Works Contract Tax or any port
dues, transport charges, stamp duties or Central or State Government or local Body or
Municipal Taxes or duties, taxes or charges (from or of any other body), entry tax,
whatsoever, will be granted or obtained, all of which expenses shall be deemed to be
included in and covered by the Schedule of Rates, unless mentioned specifically
elsewhere in the Tender Document. The Service Provider shall also obtain and pay for
all permits/licenses or other privileges necessary to complete the Service.
4.2.6 SCHEDULE OF RATES TO COVER RISKS OF DELAY:
The Schedule of Rates shall be deemed to include and cover the risk of all possibilities
of delay and interference with the Service Provider's conduct/peformance of Services
which occurs from any causes including orders of the Employer in the exercise of his
power and on account of extension of time granted due to various reasons and for all
other possible or probable causes of delay.
4.2.7 SCHEDULE OF RATES CANNOT BE ALTERED:
For Service under unit rate basis, no alteration will be allowed in the Schedule of Rates
by reason of services or any part of them being modified, altered, extended, diminished
or committed. The Schedule of Rates are fully inclusive of rates which have been fixed
by the Service Provider and agreed to by the Employer and cannot be altered. For
lumpsum Contracts, the payment will be made according to the Service actually carried
out, for which purpose an item wise, or work wise Schedule of Rates shall be furnished,
suitable for evaluating the value of Service provided and preparing running account bill.
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Payment for any additional Service which is not covered in the Schedule of Rates shall
only be released on issuance of Amendment to LOA/Contract by the Employer.
4.3 PROCEDURE FOR BILLING OF SERVICES:
4.3.1 BILLING PROCEDURE:
Following procedures shall be adopted for billing of services executed by the Service
Provider.
4.3.1.1 The Bill(s) complete in all respect with details and enclosure(s) is to be submitted by
Service Provider in line with terms of the Contract. Employer shall make all endeavour
to release payments of undisputed amount of the bills submitted within 15 (Fifteen)
days from the date of certification by the Engineer-in-Charge.
4.3.1.2 COMPUTERISED BILLING SYSTEM: GAIL (India) Limited has introduced

Computerised Billing System whereby whenever the Bill(s) are submitted in GAIL by
a Service Provider, a receipt number is usually generated. The Service Provider may
also know the status of the Bill through GAIL’s website.
4.3.2 MODE OF MEASUREMENT:
The payment shall be made based on the mode of measurement as specified in the
Contract. Otherwise, the mode of measurement shall be adopted as per latest Indian
Standard Specifications.
4.4 NOTICE OF CLAIMS FOR ADDITIONAL PAYMENTS:
4.4.1 Should the Service Provider consider that he is entitled to any extra payment for any
extra/additional Job(s)/Service(s) or material change in original Specifications carried
out by him in respect of job, he shall forthwith give notice in writing to the Engineer-in-
Charge that he claims extra payment. Such notice shall be given to the Engineer-in-
Charge upon which Service Provider bases such claims and such notice shall contain full
particulars of the nature of such claim with full details of amount claimed. Irrespective
of any provision in the Contract to the contrary, the Service Provider must intimate his
intention to lodge claim on the Employer within 10 (ten) days of the commencement of
happening of the event and quantify the claim within 30 (thirty) days, failing which the
Service Provider will lose his right to claim any compensation/reimbursement/damages
etc.. Failure on the part of Service Provider to put forward any claim without the
necessary particulars as above within the time above specified shall be an absolute
waiver thereof. No omission by Employer to reject any such claim and no delay in
dealing therewith shall be waiver by Employer of any of these rights in respect thereof.
4.4.2 Engineer-in-Charge shall review such claims within a reasonable period of time and
cause to discharge these in a manner considered appropriate after due deliberations
thereon. However, Service Provider shall be obliged to carry on with the Jobs/services
during the period in which his claims are under consideration by the Employer,
irrespective of the outcome of such claims, where additional payments for Services
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considered extra are justifiable in accordance with the Contract provisions, Employer
shall arrange to release the same in the same manner as for normal job payments. Such
of the extra services so admitted by Employer shall be governed by all the terms,
conditions, stipulations and specifications as are applicable for the Contract. The rates
for extra services shall generally be the unit rates provided for in the Contract. In the
event unit rates for extra services so executed are not available as per Contract, payments
may either be released on day work basis for which daily/hourly rates for workmen and
hourly rates for equipment rental shall apply, or on the unit rate for Services executed
shall be derived by interpolation/ extrapolation of unit rates already existing in the
Contract. In all the matters pertaining to applicability of rate and admittance of otherwise
of an extra service claim(s) of Service Provider, the decision of Engineer-in-Charge shall
be final and binding on the Service Provider.
4.5 INSURANCE:
4.5.1 Service Provider shall, at his own expense, arrange appropriate insurance to cover all
risks assumed by the Service Provider under this Contract in respect of its personnel
deputed under this Contract as well as Service Provider’s equipment, tools and any other
belongings of the Service Provider or their personnel during the entire period of their
engagement in connection with this Contract. Employer will have no liability on this
account. The Personnel covered must be covered to meet the liability under Employee
Compensation Act.
4.5.2 The provisions of this Clause shall in no way limit the liability of the Service Provider
under the Contract.
4.5.3 If the Service Provider neglects, fails, or refuses to obtain or maintain insurances
required to be effected, or fails to provide certification etc., the Employer has the right
to procure and maintain policies at Service Provider’s expense plus administrative cost
of 10% of the amount of Insurance premium.
4.5.4 INSURANCE TYPES:
Service Provider shall at all time during the currency of the Contract provide, pay for
and maintain the following insurance amongst others:
a. Employee Compensation and Employer’s common law liability insurance

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

liability for bodily injury, including death of persons, and liabilities for damage
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of property. This insurance must cover all operations of Service Provider
required to fulfill the provisions under this Contract.
c. Service Provider's Equipment/Materials/Goods used for execution of the work

hereunder shall have an insurance cover with a suitable limit (as per international
standards).
d. Automobile Public Liability Insurance covering owned, non-owned and hired

automobiles used in the performance of the work hereunder, with bodily injury
limits and property damage limits as governed by Indian Insurance regulations.
e. Public Liability Insurance as required under Public Liability Insurance Act 1991.
4.5.5 Service Provider shall obtain additional insurance or revise the limits of existing
insurance as per Employer’s request in which case additional cost shall be to Service
Provider’s account.
Further, the Service Provider shall ensure the adequacy of Insurance at all time in
accordance with the nature of the Service(s), terms of the Contract and Statutory
requirements.
4.5.6 CERTIFICATE OF INSURANCE:
Before commencing performance of the services, Service Provider shall on request

furnish EIC/Employer with certificates of insurance indicating:
i) type and amounts of insurance as required herein;

ii) insurance company or companies carrying the aforesaid coverage;
iii) effective and expiry dates of policies;
iv) that the Employer may give advance notice for any material change in the policy.
waiver of subrogation endorsement has been attached to all policies; and
v) the territorial limits of all policies.
4.5.7 If any of the above policies expire or are cancelled during the terms of the service, and
Service Provider fails for any reason to renew such policies, the Employer may replace
same and recover the charges towards premium plus administrative charges from
Service Provider. Should there be a lapse in any insurance required to be carried out by
the Service Provider hereunder for any reason, losses & penalty, if any resulting there
from shall be to the sole account of the Service Provider.
4.5.8 Service Provider shall require all its Sub-Service Providers to provide such foregoing
insurance cover as the Service Provider is obligated to provide under the Contract.
4.5.9 WAIVER OF SUBROGATION: All insurance policies of the Service Provider with
respect to the operations conducted hereunder, shall be endorsed by the underwriter in
accordance with the following policy wording:“ The insurers hereby waive their rights
of subrogation against any individual, Employer, affiliates or assignees for whom or with
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whom the assured may be operating to the extent of the Contractual indemnities
undertaken by the Service Provider”.
4.5.10 Deductible: That portion of any loss not covered by insurance provided for in this article
solely by reason of deductible provision in such insurance policies shall be to the account
of the Service Provider.
4.6 TAXES AND DUTIES:
4.6.1 The Service Provider, unless specified otherwise elsewhere in the Contract agrees to and
does hereby accept full and exclusive liability for the payment of any and all Taxes,
Duties, including GST now or hereafter imposed, increased, modified from time to time
in respect of Services and materials and all contributions and taxes for unemployment
compensation, insurance and old age pensions or annuities now or hereafter imposed by
any Central or State Government authorities which are imposed with respect to or
covered by the wages, salaries, or other compensations paid to the persons employed by
the Service Provider and the Service Provider shall be responsible for the compliance of
all Sub-Service Providers, with all applicable Central, State, Municipal and local law
and regulation and requirement of any Central, State or local Government agency or
authority. Service Provider further agrees to defend, indemnify and hold Employer
harmless from any liability or penalty which may be imposed by the Central, State or
Local authorities by reason or any violation by Service Provider or Sub- Sub-Service
Provider of such laws, suits or proceedings that may be brought against the Employer
arising under, growing out of, or by reason of the service provided for by this Contract,
by third parties, or by Central or State Government authority or any administrative sub-
division thereof. Tax deductions will be made as per the rules and regulations in force
in accordance with acts prevailing from time to time.
4.6.2 Service Provider shall ensure timely submission of correct invoice(s) with all required
supporting document(s) as per Contract within a period specified in Contracts to enable
Employer to avail Input Tax Credit.
If Input Tax credit with respect to GST is not available to Employer for any reason which
is not attributable to Employer, then Employer shall not be obligated or liable to pay or
reimburse GST charged in the invoice(s) and shall be entitled to / deduct/ setoff /recover
the such GST together with all penalties and interest if any, against any amounts paid or
payable by Employer to Service Provider.
4.6.3 Where Employer has the obligation to discharge tax liability under reverse charge
mechanism and Employer has paid or is /liable to pay GST to the Government on which
interest or penalties becomes payable as per rules (as amended from time to time) for
any reason which is not attributable to Employer or Input Tax credit with respect to
such payments is not available to Employer for any reason which is not attributable
to Employer, then Employer shall be entitled to deduct/ setoff / recover such amounts
against any amounts paid or payable by Employer to Service Provider.
4.7 INCOME TAX:
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4.7.1 Income Tax deduction shall be made from all payments of the Service Provider as per
rules and regulation in force in accordance with the Income Tax Act prevailing from
time to time. As per the provisions of the income Tax Act, 1961, Permanent Account
No. (PAN) is compulsorily required to be mentioned in Tax Deduction at Source (TDS)
certificate issued to the payee. Therefore, the bidder must submit the details of PAN /
the copy of application filed for allotment of PAN (if PAN no. not available) to EIC
immediately on receipt of FOA/Contract Document, failing which, TDS will be applied
as per applicable law and TDS certificate will not be issued. Therefore, in case the
Service Provider does not furnish PAN, EMPLOYER shall deduct at source as provided
in the Income Tax Act 1961, or in the relevant Finance Act, or as directed in the orders
u/s 195(3) or 197 or 195(2), as the case may be, or at such higher rate as may be required
by Section 206AA of Income Tax Act 1961, from time to time.
4.7.2 In case of foreign bidder, the Service Provider must apply through the local embassy /
consulate of India for obtaining PAN card. In case, foreign Service Provider don’t have
the PAN, then amount will be deducted and deposited as per law and TDS certificate
will also not be provided. Further, such Service Provider shall comply all other
provisions mentioned elsewhere in the Tender Document related to making remittances
to non-residents including Permanent Establishment, Tax Residency Certificate (TRC)
if non-resident desire to avail benefits available under Double Tax Avoidance
Agreement (DTAA), Withholding Tax etc., as per Income Tax Act, 1961 (as amended
from time to time).
4.8 STATUTORY VARIATIONS:
4.8.1 All duties, taxes (except where otherwise expressly provided in the Contract) as may be
levied / imposed in consequences of execution of the Jobs/Services or in relation thereto
or in connection therewith as per the Acts, Laws, Rules, Regulations in force on the due
date of submission of Bid for this Contract shall be to Service Provider’s account. Any
increase / decrease in such duties, taxes after the due date of submission of bid but within
the Contractual completion date as stipulated in the Contract will be to the account of
Employer subject to submission of documentary proof to the satisfaction of Employer.
4.8.2 Any increase in the duties and taxes after the Contractual completion period will be to
the Service Provider’s account, where delay in completion /mobilization period is
attributable to the Service Provider and the taxes & duties are not cenvatable (i.e. Input
Tax Credit (ITC) not available). In case of applicability of ITC / cenvatable taxes &
duties, payment shall be made as per the prevailing rates during the currency of the
Contract. However, any benefit of decrease in duties and taxes after the Contractual
completion will be passed on to the Employer.
4.8.3 In the event of introduction of any new legislation or any change or amendment or
enforcement of any Act or Law, rules or regulations of Government of India or State
Government(s) or Public Body which becomes effective after the due date of submission
of Bid for this Contract but within the Contractual completion period (including
extended period allowed due to reasons attributed to Employer) and which results in
increased cost of the jobs/services under the Contract through increased liability of taxes,
(other than personnel and Corporate taxes), duties, the Service Provider shall be
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indemnified for any such increased cost by the Employer subject to the production of
documentary proof to the satisfaction of the Employer to the extent which directly is
attributable to such introduction of new legislation or change or amendment as
mentioned above and adjudication by the competent authority & the courts wherever
levy of such taxes / duties are disputed by Employer.
4.8.4 Similarly, in the event of introduction of new legislation or any change or amendment
or enforcement of any Act or Law, rules or regulations of Government of India or State
Government(s) or Public Body which becomes effective after the due date of submission
of Bid for this Contract and which results in any decrease in the cost of the services/ jobs
through reduced liability of taxes, (other than personnel and Corporate taxes) duties, the
Service Provider shall pass on the benefits of such reduced cost, taxes or duties to the
Employer, to the extent which is directly attributable to such introduction of new
legislation or change or amendment as mentioned above.
4.9 DAMAGES TO PROPERTY, ANY PERSON AND THIRD PARTY
i) Service Provider shall be responsible for making good to the satisfaction of the Employer
any loss or any damage to structures and properties belonging to the Employer or being
executed or procured or being procured by the Employer or of other agencies within in
the premises of the Employer, if such loss or damage is due to fault and/or the Negligence
or Willful Misconduct or omission of the Service Provider, his employees, agents,
representatives or Sub-Service Providers.
ii) The Service Provider shall take sufficient care in moving his equipments and materials
from one place to another so that they do not cause any damage to any person or to the
property of the Employer or any third party including overhead and underground cables
and in the event of any damage resulting to the property of the Employer or of a third
party during the movement of the aforesaid equipment or materials the cost of such
damages including eventual loss of production, operation or services in any plant or
establishment as estimated by the Employer or ascertained or demanded by the third
party shall be borne by the Service Provider. Third party liability risk shall be Rupees
One lakh for single accident and limited to Rupees Ten lakhs.
iii) The Service Provider shall indemnify and keep the Employer harmless of all claims for
damages to property other than Employer's property arising under or by reason of this
agreement, if such claims result from the fault and/or Negligence or Willful Misconduct
or omission of the Service Provider, his employees, agents, representative of Sub-
Service Provider.
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SECTION – V
5.0 LAWS, HEALTH, SAFETY & ENVIRONMENT
5.1 LABOUR LAWS:
i) No labour below the age of 18 (eighteen) years shall be employed on the Job.
ii) The Service Provider shall not pay less than what is provided under law to
labourers engaged by him on the Job.
iii) The Service Provider shall at his expense comply with all labour laws and keep
the Employer indemnified in respect thereof.
iv) The Service Provider shall pay equal wages for men and women in accordance
with applicable labour laws.
v) If the Service Provider is covered under the Contract labour (Regulation and
Abolition) Act, he shall obtain a license from licensing authority (i.e. office of
the labour commissioner) by payment of necessary prescribed fee and the
deposit, if any, before starting the Job under the Contract. Such fee/deposit shall
be borne by the Service Provider.
vi) The Service Provider shall employ labour in sufficient numbers either directly or
through Sub- Service Provider's to maintain the required rate of progress and of
quality to ensure workmanship of the degree specified in the Contract while also
ensuring that workman is not stressed due to long hour of working and to the
satisfaction of the EIC.
vii) The Service Provider shall furnish to the EIC the distribution return of the
number and description, by trades of the service people employed on the
services. The Service Provider shall also submit on the 4th and 19th of every
month to the EIC a true statement showing in respect of the second half of the
preceding month and the first half of the current month (1) the accidents that
occurred during the said fortnight showing the circumstances under which they
happened and the extent of damage and injury caused by them and (2) the number
of female workers who have been allowed Maternity Benefit as provided in the
Maternity Benefit Act 1961 on Rules made thereunder and the amount paid to
them.
viii) The Service Provider shall comply with the provisions of the payment of Wage
Act 1936, Employee Provident Fund Act 1952, Minimum Wages Act 1948.
Employers Liability Act 1938. Servicemen's Compensation Act 1923, Industrial
Disputes Act 1947, the Maternity Benefit Act 1961 and Contract Labour
Regulation and Abolition Act 1970, Employment of Children Act 1938 or any
modifications thereof or any other law relating thereto and rules made thereunder
from time to time.
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ix) The EIC shall on a report having been made by an Inspecting Officer as defined
in Contract Labour (Regulation and Abolition) Act 1970 have the power to
deduct from the money due to the Service Provider any sum required or estimated
to be required for making good the loss suffered by a worker or workers by
reason of non- fulfilment of the Conditions of the Contract for the benefit of
workers, non-payment of wages or of deductions made from his or their wages
which are not justified by the terms of the Contract or non-observance of the said
regulations.
x) The Service Provider shall indemnify the Employer against any payments to be
made under and for the observance of the provisions of the aforesaid Acts
without prejudice to his right to obtain indemnity from his Sub-Service
Provider's. In the event of the Service Provider committing a default or breach
of any of the provisions of the aforesaid Acts as amended from time to time, of
furnishing any information or submitting or filling and Form/ Register/ Slip
under the provisions of these Acts which is materially incorrect then on the report
of the inspecting Officers, the Service Provider shall without prejudice to any
other liability pay to the Employer a sum not exceeding Rs.10000.00 as
Liquidated Damages for every default, breach or furnishing, making, submitting,
filling materially incorrect statement as may be fixed by the EIC and in the event
of the Service Provider's default continuing in this respect, the Liquidated
Damages may be enhanced to Rs.5000.00 per day for each day of default subject
to a maximum of one percent of the estimated cost of the Services put to the
Contract. The EIC shall deduct such amount from bills or Contract Performance
Security of the Service Provider and credit the same to the Welfare Fund
constitute under these acts. The decision of the EIC in this respect shall be final
and binding.
5.2 SAFETY REGULATIONS:
i) In respect of all labour, directly employed in the Service for the performance of
Service Provider's part of this agreement, the Service Provider shall at his own
expense arrange for all the safety provisions as per safety codes of C.P.W.D.,
Indian Standards Institution. The Electricity Act, The Mines Act and such other
acts as applicable.
ii) The Service Provider shall observe and abide by all fire and safety regulations of
the Employer. Before starting service, Service Provider shall consult with
Employer's safety Engineers or EIC and must make good to the satisfaction of
the Employer any loss or damage due to fire to any portion of the service done
or to be done under this agreement or to any of the Employer's existing property.
5.3 FIRST AID AND INDUSTRIAL INJURIES:
i) Service Provider shall maintain first aid facilities for its employees and those of
its Sub-Service Provider.
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ii) Service Provider shall make outside arrangements for ambulance service and for
the treatment of industrial injuries. Names of those providing these services shall
be furnished to Employer prior to start and their telephone numbers shall be
prominently posted in Service Provider's field office.
iii) All critical industrial injuries shall be reported promptly to Employer, and a copy
of Service Provider's report covering each personal injury requiring the attention
of a physician shall be furnished to the Employer.
5.4 GENERAL RULES:
5.4.1 Smoking within the battery area, tank farm, dock limits or any such area identified by
EIC or mentioned in SCC or any guideline, is strictly prohibited. Violators of the no
smoking rules shall be discharged immediately after imposing the applicable
penalty(ies). Decision of EIC in the matter shall be final and binding on the Service
Provider.
5.5 CARE IN HANDLING INFLAMMABLE GAS:
5.5.1 The Service Provider has to ensure all precautionary measures and exercise utmost care
in handling the inflammable gas cylinder/inflammable liquids/paints etc. as required
under the law and/or as advised by the fire Authorities of the Employer.
5.6 PRESERVATION OF PLACE:
5.6.1 The Service Provider shall take requisite precautions and use his best endeavors to
prevent any riotous or unlawful behavior by or amongst his worker / personnel employed
for the services and for the preservation of peace and protection of the inhabitants and
security of property in the neighborhood of the Site. In the event of the Employer
requiring the maintenance of a Special Police Force at or in the vicinity of the site during
the tenure of services, the expenses thereof shall be borne by the Service Provider and if
paid by the Employer shall be recoverable from the Service Provider.
5.7 ENVIRONMENT:
5.7.1 Employer acknowledges their commitment to conduct their respective operations in a

manner which not only complies with all relevant environmental protection and
pollution control legislation but also such operations do not cause environmental damage
or pollution and in a manner which acknowledges other cultural and associated
considerations. In recognition of this commitment, the Service Provider shall perform
the services in such a way as to avoid or minimize environmental damage or pollution
and fully recognize the special aspects of the environment as communicated by
Employer or as applicable. Service Provider shall comply with, and the Service Provider
shall ensure compliance with all applicable environmental protection and pollution
control legislation as it relates to the services.
5.7.2 In the furtherance of any laws, regulations and rules promulgated by the Government of
India, Service Provider shall:
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- Employ good international oil & gas industry practices, including as required,
advanced techniques, practices and methods of operation for the prevention of
environmental damage in conducting the job;
- Take necessary and adequate steps to prevent environmental damage and, where
some adverse impact on the environment is unavoidable, minimize such damage and
the consequential effects thereof of property and people; and
- Adhere to the guidelines, limitations or restrictions, if any, imposed by the

environmental clearance as applicable.
5.7.3 If during the Service Provider's performance of the services, the Employer is of the
opinion that the Service Provider is either not conducting the services in strict
compliance with this Contract or is conducting the services in such a way as to endanger
the environment or in such a way as to risk being in breach of any environmental
protection or pollution control legislation, then the Employer shall notify the Service
Provider in writing of the conduct involved and the Service Provider shall initiate
corrective action to the reasonable satisfaction of the Employer within twenty four (24)
hours of the conduct so notified or as decided by EIC. Employer may, require Service
Provider to discontinue the Service in whole or in part until Service Provider has taken
such action.
5.7.4 The Service Provider shall notify the Employer as soon as reasonably practicable of any
spillage or potential spillage of petroleum or any act of pollution or potentially polluting
event. For each and any such event the Service Provider shall record the relevant
information on the incident report form and shall deliver the completed form to the
Employer forthwith.
5.7.5 After completion of the entire job as per this Contract and prior to Demobilization,
Service Provider shall at its expense satisfactorily dispose off all rubbish, remove all
temporary work, equipment and materials belonging to Service Provider and return to
Employer warehouse all surplus spares and salvageable Employer supplied materials.
Further, the Service Provider can take away the brought out Service Provider supplied
surplus Material (i.e. Materials brought by the Service Provider for work/Services at site
under Contract, not used by them for work/Services and leftover at the Site) subject to
prior written consent of the EIC. The payment made, if any, towards such surplus
Material will be recovered from the payment of Service Provider.
Service Provider shall leave the premises in a neat and safe condition. Service Provider
shall be required to leave all, sites and surrounding area as it existed at the
commencement of Contract.
5.7.6 Service Provider shall:
Ensure that the pertinent completed environmental impact studies including the Rapid
Environmental Impact Assessment carried out by Employer are made available to its
Personnel and to its Sub-Service Providers to develop adequate and proper awareness of
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the measures and methods of environmental protection to be used in carrying out the
job;
Ensure and maintain at his own cost all lights, guards, fencing, warning signs and
watching, when and where necessary or required by the EIC, for the protection of the
Services or for the safety and convenience of the public or others.
Ensure that the Contracts entered into between Service Provider and its Sub Service
Providers (if allowed) relating to the Services shall include the provisions stipulated
herein;
- be responsible for the removal from the Site or for otherwise making safe in
accordance with applicable Indian laws and directives any materials generated or
released by Service Provider during its activities at the Site which are toxic or
similarly hazardous to the health or safety of persons or to the environment;
- be liable for and shall indemnify, protect, defend and hold harmless Employer from
and against any and all demands, claims, suits and causes of action and any and all
liability, costs, expenses, settlements and judgments incurred in connection
therewith (including court costs and attorney’s fees incurred by Employer) arising
out of such toxic or hazardous materials for which the Service Provider is responsible
pursuant to this Clause.
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SECTION – VI
6.0 DISPUTE RESOLUTION AND ARBITRATION:
6.1 DISPUTE RESOLUTION:

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

Parties arising under/out of/in connection with this Contract shall be settled in
accordance with the aforesaid rules.
6.1.3 In case of any dispute(s)/difference(s)/issue(s), a Party shall notify the other Party (ies)
in writing about such a dispute(s) / difference(s) / issue(s) between / amongst the Parties
and that such a Party wishes to refer the dispute(s)/ difference(s)/issue(s) to Conciliation.
Such Invitation for Conciliation shall contain sufficient information as to the
dispute(s)/difference(s)/issue(s) to enable the other Party (ies) to be fully informed as to
the nature of the dispute(s)/ difference(s) /issue(s), the amount of monetary claim, if any,
and apparent cause(s) of action.
6.1.4 Conciliation proceedings commence when the other Party(ies) accept(s) the invitation
to conciliate and confirmed in writing. If the other Party (ies) reject(s) the invitation,
there will be no conciliation proceedings.
6.1.5 If the Party initiating conciliation does not receive a reply within thirty days from the
date on which he/she sends the invitation, or within such other period of time as specified
in the invitation, he/she may elect to treat this as a rejection of the invitation to conciliate.
If he/she so elects, he/she shall inform the other Party(ies) accordingly.
6.1.6 Where Invitation for Conciliation has been furnished, the Parties shall attempt to settle
such dispute(s) amicably under Part-III of the Indian Arbitration and Conciliation Act,
1996 and GAIL (India) Limited Conciliation Rules, 2010. It would be only after
exhausting the option of Conciliation as an Alternate Dispute Resolution Mechanism
that the Parties hereto shall go for Arbitration in terms of clause no. 6.2. For the purpose
of this clause, the option of ‘Conciliation’ shall be deemed to have been exhausted, even
in case of rejection of ‘Conciliation’ by any of the Parties.
6.1.7 The cost of Conciliation proceedings including but not limited to fees for Conciliator(s),
Airfare, Local Transport, Accommodation, cost towards conference facility etc. shall be
borne by the Parties in equal share.
6.1.8 The Parties shall freeze claim(s) of interest, if any, and shall not claim the same during
the pendency of Conciliation proceedings. The Settlement Agreement, as and when
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reached/agreed upon, shall be signed between the Parties and Conciliation proceedings
shall stand terminated on the date of the Settlement Agreement.
6.2 ARBITRATION:
6.2.1 If the issues/disputes which cannot be resolved through dispute resolution mechanism
pursuant to clause no. 6.1, all disputes such shall be referred to arbitration by Sole
Arbitrator. The Employer shall suggest a panel of three independent and distinguished
persons to the /Service Provider to select any one among them to act as the Sole
Arbitrator. In the event of failure of the other parties to select the Sole Arbitrator within
30 days from the receipt of the communication suggesting the panel of arbitrators, the
right of selection of the sole arbitrator by the other party shall stand forfeited and the
Employer shall have discretion to proceed with the appointment of the Sole Arbitrator.
The decision of Employer on the appointment of the sole arbitrator shall be final and
binding on the parties. The award of sole arbitrator shall be final and binding on the
parties and unless directed/awarded otherwise by the sole arbitrator, the cost of
arbitration proceedings shall be shared equally by the parties. The Arbitration
proceedings shall be in English language and seat/venue shall be New Delhi, India.
Subject to the above, the provisions of Indian Arbitration & Conciliation Act 1996 and
the Rules and amendment thereof shall be applicable. All matter relating to this Contract
are subject to the exclusive jurisdiction of the court situated in the state of Delhi.
Contractor may please note that the Arbitration & Conciliation Act 1996 was enacted
by the Indian Parliament and is based on United Nations Commission on International
Trade Law (UNCITRAL model law), which were prepared after extensive consultation
with Arbitral Institutions and centers of International Commercial Arbitration. The
United Nations General Assembly vide resolution 31/98 adopted the UNCITRAL
Arbitration rules on 15 December 1976.
Notwithstanding anything contained contrary in GCC and other Contract Documents, in

case it is found that the Bidder/Service Provider indulged in fraudulent/ coercive
practices at the time of bidding or during execution of the contract as mentioned in
“Procedure for action in case of Corrupt/ Fradulent/ Collusive /Coersive Practices”, the
Service Provider / Bidder shall be banned (in terms of aforesaid procedure) from the date
of issuance of such order for banning.
The Bidder/Service Provider understands and agrees that in such cases of banning, the
decision of Employer shall be final and binding on such Bidder/Service Provider and the
Arbitration Clause mentioned in the GCC and other Contract Documents shall not be
applicable for any issue /dispute arising in the matter.
6.2.2 SETTLEMENT OF COMMERCIAL DISPUTES BETWEEN PUBLIC SECTOR

ENTERPRISE(S) INTER SE AND PUBLIC SECTOR ENTERPRISE(S) AND
GOVERNMENT DEPARTMENT (S) THROUGH ADMINISTRATIVE
MECHANISM FOR RESOLUTION OF CPSEs DISPUTES (AMRCD) IN THE
DEPARTMENT OF PUBLIC ENTERPRISES:
In the event of any dispute or difference relating to the interpretation and application of
the provisions of commercial contract(s) between Central Public Sector Enterprises
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(CPSEs) inter se and also between CPSEs and Government Departments / Organizations
(excluding disputes concerning Railways, Income Tax, Customs & Excise
Departments), such dispute or difference shall be taken up by either party for resolution
through AMRCD as mentioned in DPE OM No. 4(1)/2013-DPE (GM) / FTS-1835 dated
22.05.2018.
6.3 JURISDICTION:
6.3.1 The Contract shall be governed by and constructed according to the laws in force in
India. The Service Provider hereby submits to the jurisdiction of the Courts situated at
New Delhi/Delhi only for the purposes of disputes, actions and proceedings arising out
of the Contract and it is agreed that the Courts at New Delhi/Delhi only will have the
exclusive jurisdiction to hear and decide such disputes, actions and proceedings.
6.4 CONTINUANCE OF THE CONTRACT:

Notwithstanding the fact that settlement of dispute(s) (if any) may be pending, the parties
hereto shall continue to be governed by and perform the Services in accordance with the
provisions under this Contract.
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Appendix -1
PROCEDURE FOR ACTION IN CASE OF CORRUPT/FRAUDULENT/COLLUSIVE/

COERCIVE PRACTICES
A Definitions:
A.1 “Corrupt Practice” means the offering, giving, receiving or soliciting, directly or indirectly,
anything of value to improperly influence the actions in selection process or in contract
execution.
“Corrupt Practice” also includes any omission for misrepresentation that may mislead or attempt
to mislead so that financial or other benefit may be obtained or an obligation avoided.
A2 “Fraudulent Practice” means and include any act or omission committed by a agency or with his
connivance or by his agent by misrepresenting/ submitting false documents and/ or false
information or concealment of facts or to deceive in order to influence a selection process or
during execution of contract/ order.
A3 “Collusive Practice amongst bidders (prior to or after bid submission)” means a scheme or
arrangement designed to establish bid prices at artificial non-competitive levels and to deprive the
Employer of the benefits of free and open competition.
A.4 “Coercive practice” means impairing or harming or threatening to impair or harm directly or
indirectly, any agency or its property to influence the improperly actions of an agency, obstruction
of any investigation or auditing of a procurement process.
A.5 “Vendor/Supplier/Contractor/Consultant/Bidder” is herein after referred as “Agency”
A.6 ”Appellate Authority” shall mean Committee of Directors consisting of Director (Finance) and
Director (BD) for works centers under Director (Projects). For all other cases committee of
Directors shall consist of Director (Finance) & Director (Projects).
A.7 “Competent Authority” shall mean the authority, who is competent to take final decision for
Suspension of business dealing with an Agency/ (ies) and Banning of business dealings with
Agency/ (ies) and shall be the “Director” concerned.
A.8 “Allied Agency” shall mean all concerns which come within the sphere of effective influence of
the banned/suspended agency shall be treated as allied agency. In determining this, the following
factors may be taken into consideration:
a) Whether the management is common;
b) Majority interest in the management is held by the partners or directors of banned/
suspended agency;
c) Substantial or majority shares are owned by the banned/ suspended agency and by virtue
of this it has a controlling voice.
d) Directly or indirectly controls, or is controlled by or is under common control with another
bidder.
e) All successor agency will also be considered as allied agency.
A.9 “Investigating Agency” shall mean any department or unit of GAIL investigating into the
conduct of Agency/ party and shall include the Vigilance Department of the GAIL, Central
Bureau of Investigation, State Police or any other agency set up by the Central or state
government having power to investigate.
A.10 "Obstructive practice": materially impede the procuring entity's investigation into allegations of
one or more of the above mentioned practices either by deliberately destroying, falsifying,
altering; or by concealing of evidence material to the investigation; or by making false statements
to investigators and/ or by threatening, harassing or intimidating any party to prevent it from
disclosing its knowledge of matters relevant to the investigation or from pursuing the
investigation; or by impeding GAIL's rights of audit or access to information.
B Actions against bidder(s) indulging in corrupt /fraudulent/ collusive/ coercive practice
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B.1 Irregularities noticed during the evaluation of the bids :
If it is observed during bidding process/ bids evaluation stage that a bidder has indulged in
corrupt/fraudulent /collusive/coercive practice, the bid of such Bidder (s) shall be rejected and
its Earnest Money Deposit (EMD) shall be forfeited.
Further, such agency shall be banned for future business with GAIL for a period specified in
para B 2.2 below from the date of issue of banning order.
B.2 Irregularities noticed after award of contract
(i) During execution of contract:

If an agency, is found to have indulged in corrupt/fraudulent/ collusive/coercive
practices, action shall be initiated for putting the agency on banning list.
After conclusion of process and issuance of Speaking order for putting party on banning
list, the order (s)/ contract (s) where it is concluded that such irregularities have been
committed shall be terminated and Contract cum Performance Bank Guarantee (CPBG)
submitted by agency against such order (s)/ contract (s) shall also be forfeited. Further
such order/ contract will be closed following the due procedure in this regard.
The amount that may have become due to the contractor on account of work already
executed by him shall be payable to the contractor and this amount shall be subject to
adjustment against any amounts due from the contractor under the terms of the contract.
No risk and cost provision will be enforced in such cases.
Suspension of order/ contract:

Further, only in the following situations, the concerned order (s)/ contract(s) (where
Corrupt/Fraudulent/ Collusive/ Coercive Practices are observed) and payment shall be
suspended after issuance of Suspension cum Show Cause Notice:
(i) Head of Corporate Vigilance Department/CVO based on the investigation by

them, recommend for specific immediate action against the agency.
(ii) Head of Corporate Vigilance Department/CVO based on the input from
investigating agency, forward for specific immediate action against the agency.
Suspension cum Show Cause Notice being issued in above cases after approval of the
competent authority (as per provisions mentioned under Clause no. D) shall also include
the provision for suspension of Order (s)/ Contract (s) and payment. Accordingly, after
issuance of Suspension cum Show Cause Notice, the formal communication for
suspension of Order (s)/ Contract (s) and payment with immediate effect will be issued by
the concerned person of GAIL.
During suspension, Contractor/ Service Providers will be allowed to visit the plant/ site
for upkeep of their items/ equipment, GAIL’s issued materials (in case custody of same is
not taken over), demobilizing the site on confirmation of EIC, etc.
In addition to above, Recovery of payments (other than due payments) including balance
advance payments, if any, made by along with interest thereon at the prevailing rate shall
be recovered.
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(ii) After execution of contract and during Defect liability period (DLP)/
Warranty/Guarantee Period:
If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive
practices, after execution of contract and during DLP/ Warranty/Guarantee Period, the
agency shall be banned for future business with GAIL for a period specified in para B
2.2 below from the date of issue of banning order.
Further, the Contract cum Performance Bank Guarantee (CPBG)/Contract Performance
Security (CPS) submitted by agency against such order (s)/ contract (s) shall be forfeited.
(iii) After expiry of Defect liability period (DLP)/ Warranty/Guarantee Period
If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive

practices, after expiry of Defect liability period (DLP)/ Warranty/Guarantee Period, the
agency shall be banned for future business with GAIL for a period specified in para B
2.2 below from the date of issue of banning order.
B.2.2 Period of Banning
The period of banning of agencies indulged in Corrupt/ Fraudulent/ Collusive/Coercive

Practices shall be as under and to be reckoned from the date of banning order:
S. Description Period of banning

No. from the date of
issuance of
Banning order
1 Misrepresentation/False information other than pertaining to 06 Months
BEC of tender but having impact on the selection process.
For example, if an agency confirms not being in holiday in

GAIL/PSU’s PMC or banned by PSUs/ Govt. Dept.,
liquidation, bankruptcy & etc. and subsequently it is found
otherwise, such acts shall be considered in this category.
2 Corrupt/Fraudulent (except mentioned at sl. no. 1 above) 01 year
/Collusive/Coercive Practices
2.1 If an agency again commits Corrupt/Fraudulent (except 2 years (in addition

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

C.1 If an agency is put on Banning, such agency should not be considered in ongoing tenders/future
tenders.
C.2 However, if such an agency is already executing other order (s)/ contract (s) where no
corrupt/fraudulent/ collusive/coercive practice is found, the agency should be allowed to
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continue till its completion without any further increase in scope except those incidental to
original scope mentioned in the contract.
C.3 If an agency is put on the Banning List during tendering and no irregularity is found in the case
under process:
C.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by
the agency shall be ignored.
C.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency shall
not be opened and BG/EMD submitted by the agency shall be returned to the agency.
C.3.3 After opening of price, BG/EMD made by the agency shall be returned; the offer of the agency
shall be ignored & will not be further evaluated. In case such agency is lowest (L-1), next lowest
bidder shall be considered as L-1.
D. Procedure for Suspension of Bidder

D.1 Initiation of Suspension
Action for suspension business dealing with any agency/(ies) shall be initiated by Corporate
C&P Department when
(i) Corporate Vigilance Department based on the fact of the case gathered during
investigation by them recommend for specific immediate action against the agency.
(ii) Corporate Vigilance Department based on the input from Investigating agency, forward
for specific immediate action against the agency.
(iii) Non performance of Vendor/Supplier/Contractor/Consultant leading to termination of
Contract/ Order.
D.2 Suspension Procedure:

D.2.1 The order of suspension would operate initially for a period not more than six months and
is to be communicated to the agency and also to Corporate Vigilance Department. Period of
suspension can be extended with the approval of the Competent Authority by one month at
a time with a ceiling of six months pending a conclusive decision to put the agency on
banning list.
D.2.2 During the period of suspension, no new business dealing may be held with the agency.
D.2.3 Period of suspension shall be accounted for in the final order passed for banning of business
with the agency.
D.2.4 The decision regarding suspension of business dealings should also be communicated to the
agency.
D.2.5 If a prima-facie, case is made out that the agency is guilty on the grounds which can result
in banning of business dealings, proposal for issuance of suspension order and show cause
notice shall be put up to the Competent Authority. The suspension order and show cause
notice must include that (i) the agency is put on suspension list and (ii) why action should
not be taken for banning the agency for future business from GAIL.
The competent authority to approve the suspension will be same as that for according
approval for banning.
D3 Effect of Suspension of business:
Effect of suspension on other on-going/future tenders will be as under:

D.3.1 No enquiry/bid/tender shall be entertained from an agency as long as the name of agency
appears in the Suspension List.
D.3.2 If an agency is put on the Suspension List during tendering:
D.3.2.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted
by the agency shall be ignored.
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D.3.2.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency
shall not be opened and BG/EMD submitted by the agency shall be returned to the agency.
D.3.2.3 After opening of price, BG/EMD made by the agency shall be returned; the offer of the
agency shall be ignored & will not be further evaluated In case such agency is lowest (L-
1), next lowest bidder shall be considered as L-1.
D.3.3 The existing contract (s)/ order (s) under execution shall continue.
D.3.4 Tenders invited for procurement of goods, works and services shall have provision that the
bidder shall submit a undertaking to the effect that (i) neither the bidder themselves nor their
allied agency/(ies) are on banning list of GAIL or the Ministry of Petroleum and Natural
Gas and (ii) bidder is not banned by any Government department/ Public Sector.
F. Appeal against the Decision of the Competent Authority:
F.1 The agency may file an appeal against the order of the Competent Authority for putting the
agency on banning list. The appeal shall be filed to Appellate Authority. Such an appeal shall be
preferred within one month from the of receipt of banning order.
F.2 Appellate Authority would consider the appeal and pass appropriate order which shall be
communicated to the party as well as the Competent Authority.
F.3 Appeal process may be completed within 45 days of filing of appeal with the Appellate
Authority.
G. Wherever there is contradiction with respect to terms of ‘Integrity pact’ , GCC and ‘Procedure
for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’, the provisions of
‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’ shall prevail.
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Appendix 2
PROCEDURE FOR EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/

CONTRACTORS/ CONSULTANTS
1.0 GENERAL
A system for evaluation of Vendors/ Suppliers/Contractors/ Consultants and their performance

is a key process and important to support an effective purchasing & contracting function of an
organization.
Performance of all participating Vendors/ Suppliers/Contractors/ Consultants need to be closely
monitored to ensure timely receipt of supplies from a Vendor, completion of an assignment by
a Consultant or complete execution of order by a contractor within scheduled completion period.
For timely execution of projects and meeting the operation & maintenance requirement of
operating plants, it is necessary to monitor the execution of order or contracts right from the
award stage to completion stage and take corrective measures in time.
2.0 OBJECTIVE
The objective of Evaluation of Performance aims to recognize, and develop reliable Vendors/
Suppliers/Contractors/ Consultants so that they consistently meet or exceed expectations and
requirements.
The purpose of this procedure is to put in place a system to monitor performance of Vendors/
Suppliers/Contractors/ Consultants associated with GAIL so as to ensure timely completion of
various projects, timely receipt of supplies including completion of works & services for
operation and maintenance of operating plants and quality standards in all respects.
3.0 METHODOLOGY
i) Preparation of Performance Rating Data Sheet

Performance rating data Sheet for each and every Vendor/
Supplier/Contractor/Consultant for all orders/Contracts with a value of Rs. 50 Lakhs and
above is recommended to be drawn up. Further, Performance rating data Sheet for
orders/contracts of Vendor/Supplier/Contractor/ Consultant who are on watch
list/holiday list/ banning list shall be prepared irrespective of order/ contract value.
These data sheets are to be separately prepared for orders/ contracts related to Projects
and O&M. Format, Parameters, Process, responsibility for preparation of Performance
Rating Data Sheet are separately mentioned.
ii) Measurement of Performance
Based on the parameters defined in Data Sheet, Performance of concerned Vendor/
Supplier/Contractor/ Consultant would be computed and graded accordingly. The
measurement of the performance of the Party would be its ability to achieve the
minimum scoring of 60% points in the given parameters.
iii) Initiation of Measures:
Depending upon the Grading of Performance, corrective measures would be initiated by
taking up the matter with concerned Vendor/ Supplier/Contractor/ Consultant.
Response of Vendor/ Supplier/Contractor/ Consultant would be considered before
deciding further course of action.
iv) Implementation of Corrective Measures:
Based on the response of Vendor/ Supplier/Contractor/ Consultant, concerned Engineer-
in-Charge for the Projects and/or OIC in case of O&M would recommend for
continuation or discontinuation of such party from the business of GAIL.
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v) Orders/contracts placed on Proprietary/OEM basis for O&M will be evaluated and, if
required, corrective action will be taken for improvement in future.
4.0 EXCLUSIONS:
The following would be excluded from the scope of evaluation of performance of Vendors/
Suppliers/Contractors/ Consultants :
i) Orders/Contracts below the value of Rs. 50 Lakhs if Vendor/ Supplier/Contractor/

Consultant is not on watch list/ holiday list/ banning list.
ii) Orders for Misc./Administrative items/ Non stock Non valuated items (PO with material
code ending with 9).
However, concerned Engineer-in-Charge /OICs will continue to monitor such cases so as to

minimize the impact on Projects/O&M plants due to non performance of Vendors/
Suppliers/Contractors/ Consultants in all such cases.
5.0 PROCESS OF EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/

CONTRACTORS/ CONSULTANTS
5.1 FOR PROJECTS
i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of

PROJECTS shall be done immediately with commissioning of any Project.
ii) On commissioning of any Project, EIC (Engineer-in-charge)/ Project-in-charge shall
prepare a Performance Rating Data Sheet (Format at Annexure-1) for all Orders and
Contracts.
iii) Depending upon the Performance Rating, following action shall be initiated by
Engineer-in-charge/Project-in-charge:
Sl.No. Performance Action

Rating
1 POOR Seek explanation for Poor performance
2 FAIR Seek explanation for Fair performance
3 GOOD Letter to the concerned for improving
performance in future
4 VERY GOOD No further action
iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In

case of satisfactory reply, Performance Rating data Sheet to be closed with a letter to the
concerned for improving performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following actions
need to be taken:
A) Where performance rating is “POOR” (as per Performance Rating carried out
after execution of Order/ Contract and where no reply/ unsatisfactory reply is
received from party against the letter seeking the explanation from
Vendor/Supplier/Contractor/ Consultant along with sharing the performance
rating)
Recommend such defaulting Vendor / Supplier / Contractor / Consultant for the

following action:
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1. Poor Performance on account of Quality (if marks obtained against
Quality parameter is less than 20):
(a) First Instance: Holiday (Red Card) for One Year

(b) Subsequent instance (s) in other ongoing order (s)/ contract
(s) or new order (s) /contact (s) on such Vendor/ Supplier/
Contractor/ Consultant: Holiday (Red Card) for Two Years
2. Poor Performance on account of other than Quality (if marks obtained

against Quality parameter is more than 20):
(a) First such instance: Advisory notice (Yellow Card) shall be

issued and Vendor/Supplier/Contractor/ Consultant shall be put
on watch list for a period of Two (2) Years.
(b) Second such instance in other ongoing order (s)/ contract
Contractor/ Consultant: Putting on Holiday (Red Card) for
a period of One Year
(c) Subsequent instances (more than two) in other ongoing
order (s)/ contract (s) or new order (s) /contact (s) on such
Vendor/ Supplier/ Contractor/ Consultant: Putting on
Holiday (Red Card) for a period of Two Years.
B) Where Poor/Non-Performance leading to termination of contract or Offloading

of contract due to poor performance attributable to Vendor/Supplier/
Contractor/Consultant (under Clause no. 2.17.3 of GCC-Services)
(a) First instance: Advisory notice (Yellow Card) shall be issued and
Vendor/Supplier/Contractor /Consultant shall be put on watch list for a
period of Two (2) Years.
Further such vendor will not be allowed to participate in the re-tender
of the same supply/work/services of that location which has terminated
/ offloaded. Moreover, it will be ensured that all other action as per
provision of contract including forfeiture of Contract Performance
Security (CPS) etc. are undertaken.
However, such vendor will be allowed to participate in all other tenders
and to execute other ongoing order/ contract (s) or new contract/ order
(s).
The Yellow card will be automatically revoked after a period of two
years unless the same is converted into Red Card due to subsequence
instances of poor/ non-performance in other ongoing order (s)/ contract
(s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/
Consultant.
(b) Second instances in other ongoing order (s)/ contract (s) or new order
(s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant:
Holiday (Red Card) for period of One Year and they shall also to be
considered for Suspension.
(c) Subsequent instances (more than two) in other ongoing order (s)/
contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/
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Contractor/ Consultant: Holiday (Red Card) for period of Two Years
and they shall also to be considered for Suspension.
(C) Where Performance rating is “FAIR”:

Issuance of warning to such defaulting Vendor/ Supplier/Contractor/ Consultant
to improve their performance.
5.2 FOR CONSULTANCY JOBS
Monitoring and Evaluation of consultancy jobs will be carried out in the same way as described
in para 5.1 for Projects.
5.3 FOR OPERATION & MAINTENANCE
i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case of

Operation and Maintenance shall be done immediately after execution of order/ contract.
ii) After execution of orders a Performance Rating Data Sheet (Format at Annexure-2) shall
be prepared for Orders by Site C&P and for Contracts/Services by respective Engineer-
In-Charge.
iii) Depending upon Performance Rating, following action shall be initiated by EIC:
Sl. No. Performance Rating Action
1 POOR Seek explanation for Poor performance

2. FAIR Seek explanation for Fair performance
3 GOOD Letter to the concerned for improving
performance in future.
4 VERY GOOD No further action
iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be examined. In

case of satisfactory reply, Performance Rating data Sheet to be closed with a letter to the
concerned for improving performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following actions
need to be taken:
A) Where performance rating is “POOR” (as per Performance Rating carried out
after execution of Order/ Contract and where no reply/ unsatisfactory reply is
received from party against the letter seeking the explanation from
Vendor/Supplier/Contractor/ Consultant along with sharing the performance
rating)
Recommend such defaulting Vendor / Supplier / Contractor / Consultant for the

following action:
1. Poor Performance on account of Quality (if marks obtained against

Quality parameter is less than 20):
(a) First Instance: Holiday (Red Card) for One Year

(b) Subsequent instance (s) in other ongoing order (s)/ contract
Contractor/ Consultant: Holiday (Red Card) for Two Years
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2. Poor Performance on account of other than Quality (if marks obtained
against Quality parameter is more than 20):
(a) First such instance: Advisory notice (Yellow Card) shall be

issued and Vendor/Supplier/Contractor/ Consultant shall be put
on watch list for a period of Two (2) Years.
(b) Second such instance in other ongoing order (s)/ contract
Contractor/ Consultant: Putting on Holiday (Red Card) for
a period of One Year
(c) Subsequent instances (more than two) in other ongoing
order (s)/ contract (s) or new order (s) /contact (s) on such
Vendor/ Supplier/ Contractor/ Consultant: Putting on
Holiday (Red Card) for a period of Two Years.
B) Where Poor/Non-Performance leading to termination of contract or Offloading

of contract due to poor performance attributable to Vendor/Supplier/
Contractor/Consultant under Clause no. 2.17.3 of GCC-Services)
(a) First instance: Advisory notice (Yellow Card) shall be issued and
Vendor/Supplier/Contractor /Consultant shall be put on watch list for a
period of Two (2) Year.
Further such vendor will not be allowed to participate in the re-tender
of the same supply/work/services of that location which has terminated
/ offloaded. Moreover, it will be ensured that all other action as per
provision of contract including forfeiture of Contract Performance
Security (CPS) etc. are undertaken.
However, such vendor will be allowed to participate in all other tenders
and to execute other ongoing order/ contract (s) or new contract/ order
(s).
The Yellow card will be automatically revoked after a period of two
years unless the same is converted into Red Card due to subsequence
instances of poor/ non-performance in other ongoing order (s)/ contract
(s) or new order (s) /contact (s) on such Vendor/ Supplier/ Contractor/
Consultant.
(b) Second instances in other ongoing order (s)/ contract (s) or new order
(s) /contact (s) on such Vendor/ Supplier/ Contractor/ Consultant:
Holiday (Red Card) for period of One Year and they shall also to be
considered for Suspension.
(c) Subsequent instances (more than two) in other ongoing order (s)/
contract (s) or new order (s) /contact (s) on such Vendor/ Supplier/
Contractor/ Consultant: Holiday (Red Card) for period of Twof
Years and they shall also to be considered for Suspension.
(C) Where Performance rating is “FAIR”

Issuance of warning to such defaulting Vendors/Contractors/Consultants to
improve their performance.
6.0 REVIEW & RESTORATION OF PARITES PUT ON HOLIDAY
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6.1 An order for Holiday passed for a certain specified period shall deemed to have been
automatically revoked on the expiry of that specified period and it will not be necessary to issue
a specific formal order of revocation.
Further, in case Vendor/ Supplier/Contractor/ Consultant is put on holiday due to quality, and
new order is placed on bidder after restoration of Vendor/ Supplier/Contractor/ Consultant, such
order will be properly monitored during execution stage by the concerned site.
7.0 EFFECT OF HOLIDAY
7.1 If a Vendor/ Supplier/Contractor/ Consultant is put on Holiday, such Vendor/

Supplier/Contractor/ Consultant shall not be considered in ongoing tenders/future tenders.
7.2 However, if such Vendor/ Supplier/Contractor/ Consultant is already executing any other order/
contract and their performance is satisfactory in terms of the relevant contract, should be allowed
to continue till its completion without any further increase in scope except those incidental to
original scope mentioned in the contract. In such a case CPBG will not be forfeited and payment
will be made as per provisions of concerned contract. However, this would be without prejudice
to other terms and conditions of the contract.
7.3. Effect on other ongoing tendering:
7.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid submitted by
the party shall be ignored.
7.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the party shall not
be opened and BG/EMD submitted by the party shall be returned to the party.
7.3.3 After opening of price, BG/EMD made by the agency shall be returned; the offer of the agency
shall be ignored & will not be further evaluated. In case such agency is lowest (L-1), next lowest
bidder shall be considered as L-1.
8.0 While putting the Vendor/ Supplier/Contractor/ Consultant on holiday as per the procedure, the
holding company, subsidiary, joint venture, sister concerns, group division of the errant Vendor/
Supplier/Contractor/ Consultant shall not be considered for putting on holiday list.
Any bidder, put on holiday, will not be allowed to bid through consortium route also in new
tender during the period of holiday.
9.0 If an unsuccessful bidder makes any vexatious, frivolous or malicious complaint against the
tender process with the intention of delaying or defeating any procurement or causing loss to
GAIL or any other bidder, such bidder will be put on holiday for a period of six months, if such
complaint is proved to be vexatious, frivolous or malicious, after following the due procedure.
10. APPEAL AGAINST THE DECISION OF THE COMPETENT AUTHORITY:
(a) The party may file an appeal against the order of the Competent Authority for putting
the party on Holiday list. The appeal shall be filed to Appellate Authority. Such an
appeal shall be preferred within one month from the of receipt of Holiday order.
(b) Appellate Authority would consider the appeal and pass appropriate order which shall
be communicated to the party as well as the Competent Authority.
(c) Appeal process may be completed within 45 days of filing of appeal with the Appellate
Authority.
(d) “Appellate Authority” shall mean Committee of Directors consisting of Director (Finance)
and Director (BD) for works centers under Director (Projects). For all other cases
committee of Directors shall consist of Director (Finance) & Director (Projects).
11. ERRANT BIDDER

In case after price bid opening the lowest evaluated bidder (L1) is not awarded the job for any
mistake committed by him in bidding or withdrawal of bid or modification of bid or varying any
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term in regard thereof leading to re-tendering, GAIL shall forfeit EMD if paid by the bidder and
such bidders shall be debarred from participation in retendering of the same job(s)/item(s).
Further, such bidder will be put on Watch List (Yellow Card) for a period of two years after
following the due procedure. However, during the period in watch list such vendor will be
allowed to participate in all other tenders and to execute other ongoing order/ contract (s) or new
contract/ order (s).
In case of subsequent instances of default in other tender(s) during aforesaid watch list period,
the action shall be initiated as per provision of sl. no. 2 of para A of Clause no. 5.1 (v) and 5.3
(v).
The Yellow card will be automatically revoked after specified period unless the same is
converted into Red Card.
12. In case CBIC (Central Board of Indirect Taxes and Customs)/ any tax authority / any equivalent
government agency brings to the notice of GAIL that the Supplier has not remitted the amount
towards GST (CGST & SGST/UTGST or IGST) collected from GAIL to the government
exchequer, then, that Supplier shall be put under Holiday list of GAIL for period of six months
after following the due procedure. This action will be in addition to the right of recovery of
financial implication arising on GAIL.
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Annexure-1
PERFORMANCE RATING DATA SHEET
(FOR PROJECTS/ CONSULTANCY JOBS)
i) Project/Work Centre :
ii) Order/ Contract No. & date :
iii) Brief description of Items :
Works/Assignment
iv) Order/Contract value (Rs.) :
v) Name of Vendor/Supplier/ :
Contractor/ Consultant
vi) Contracted delivery/ :
Completion Schedule
vii) Actual delivery/ :
Completion date
Performance Delivery/ Completion Quality Reliability Total

Parameter Performance Performance Performance#
Maximum Marks 40 40 20 100
Marks Allocated
Note:
Remarks (if any)
PERFORMANCE RATING (**)
Note :
(#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation
beyond contract payment term or seeking direct payment to the sub-vendor/sub-contractor due
to financial constraints, then ‘0’ marks should be allotted against Reliability Performance.
(*) Allocation of marks should be as per enclosed instructions
(**) Performance rating shall be classified as under :
Sl. Range (Marks) Rating Signature of

No. Authorised Signatory:
1 60 & below POOR
2 61-75 FAIR Name:
3 76-90 GOOD
4 More than 90 VERY Designation:
GOOD
Instructions for allocation of marks
1. Marks are to be allocated as under :
1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks
Delivery Period/ Delay in Weeks Marks

Completion Schedule
a) Upto 3 months Before CDD 40

Delay upto 4 weeks 35
” 8 weeks 30
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” 10 weeks 25
” 12 weeks 20
” 16 weeks 15
More than 16 weeks 0
b) Above 3 months Before CDD 40

” 8 weeks 30
” 10 weeks 25
” 16 weeks 20
” 20 weeks 15
” 24 weeks 10
1.2 QUALITY PERFORMANCE 40 Marks
For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks
i) Rejection/Defects Marks to be allocated on 10 marks

prorata basis for acceptable
quantity as compared to total
quantity for normal cases
ii) When quality Failure of severe nature 0 marks
failure endanger - Moderate nature 5 marks
system integration - low severe nature 10-25 marks
and safety of the
system
iii) Number of 1. No deviation 5 marks
deviations 2. No. of deviations < 2 2 marks
3. No. of deviations > 2 0 marks
1.3 RELIABILITY PERFORMANCE 20 Marks
A. FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement, PBG, 4 marks

Drawings and other documents within time
ii) Mobilization of resources as per Contract and in time 4 marks
iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS&E requirements 4 marks
or
Reliability of Estimates/Design/Drawing etc. in case of

Consultancy jobs
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v) Timely submission of estimates and other documents 4 marks
for Extra, Substituted & AHR items
B. FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings and 5 marks

other documents within time
ii) Attending complaints and requests for after sales 5 marks

service/ warranty repairs and/ or query/ advice (upto
the evaluation period).
iii) Response to various correspondence and conformance 5 marks

to standards like ISO
iv) Submission of all required documents including Test 5 marks
Certificates at the time of supply
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Annexure-2
PERFORMANCE RATING DATA SHEET
(FOR O&M)
i) Location :
ii) Order/ Contract No. & date :
iii) Brief description of Items :
Works/Assignment
iv) Order/Contract value (Rs.) :
v) Name of Vendor/Supplier/ :
Contractor/ Consultant
vi) Contracted delivery/ :
Completion Schedule
vii) Actual delivery/ :
Completion date
Performance Delivery Quality Reliability Total

Parameter Performance Performance Performance#
Maximum Marks 40 40 20 100
Marks Allocated
(*)
Remarks (if any)
PERFORMANCE RATING (**)
Note :
(#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or deviation
beyond contract payment term or seeking direct payment to the sub-vendor/sub-contractor due
to financial constraints, then ‘0’ marks should be allotted against Reliability Performance
(*) Allocation of marks should be as per enclosed instructions
(**) Performance rating shall be classified as under :
Sl. Range (Marks) Rating Signature of

No. Authorised Signatory:
1 60 & below POOR
2 61-75 FAIR Name:
3 76-90 GOOD
4 More than 90 VERY Designation:
GOOD
Instructions for allocation of marks (For O&M)

1. Marks are to be allocated as under :
1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks
Delivery Period/ Delay in Weeks Marks

Completion Schedule
a) Upto 3 months Before CDD 40

” 8 weeks 30
” 10 weeks 25
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” 12 weeks 20
” 16 weeks 15
b) Above 3 months Before CDD 40

” 8 weeks 30
” 10 weeks 25
” 16 weeks 20
” 20 weeks 15
” 24 weeks 10
1.2 QUALITY PERFORMANCE 40 Marks
For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks
i) Rejection/Defects Marks to be allocated on 10 marks

prorata basis for acceptable
quantity as compared to total
quantity for normal cases
ii) When quality Failure of severe nature 0 marks
failure endanger - Moderate nature 5 marks
system integration - low severe nature 10-25 marks
and safety of the
system
iii) Number of 1. No deviation 5 marks
deviations 2. No. of deviations < 2 2 marks
3. No. of deviations > 2 0 marks
1.3 RELIABILITY PERFORMANCE 20 Marks
A. FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement, PBG, 4 marks

Drawings and other documents within time
ii) Mobilization of resources as per Contract and in time 4 marks
iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS&E requirements 4 marks
or
Reliability of Estimates/Design/Drawing etc. in case of

Consultancy jobs
v) Timely submission of estimates and other documents 4 marks

for Extra, Substituted & AHR items
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B. FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings and 5 marks

other documents within time
ii) Attending complaints and requests for after sales 5 marks

service/ warranty repairs and/ or query/ advice (upto
the evaluation period).
iii) Response to various correspondence and conformance 5 marks

to standards like ISO
iv) Submission of all required documents including Test 5 marks
Certificates at the time of supply
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PROFORMA FOR CONTRACT AGREEMENT
[To be executed on non-judicial stamp paper of appropriate value]
LOA No. GAIL / dated -----------

Contract Agreement for the Services of ----------------- of GAIL (India) Ltd. made on ---------- between
(Name and Address)------------- , hereinafter called the “Service Provider” (which term shall unless
excluded by or repugnant to the subject or context include its successors and permitted assignees) of
the one part and GAIL (India) Limited hereinafter called the “Employer” (which term shall, unless
excluded by or repugnant to the subject or context include its successors and assignees) of the other
part.
WHEREAS
A. The Employer being desirous of having provided and executed certain services mentioned,
enumerated or referred to in the Tender Documents including Letter Inviting Tender, General
Tender Notice, General Conditions of Contract, Special Conditions of Contract, Specifications,
Drawings, Plans, Time Schedule of completion of jobs, Schedule of Rates, Agreed Variations,
other documents has called for Tender.
B. The Service Provider has inspected the Site and surroundings and nature of Services specified
in the Tender Documents and has satisfied himself by careful examination before submitting his
tender as to the form and nature of Site and local conditions, the quantities, nature and magnitude
of the Services, the availability of labour and materials necessary for the execution of Services,
the means of access to above said place, the supply of power and water thereto and the
accommodation he may require and has made local and independent enquiries and obtained
complete information as to the matters and thing referred to, or implied in the Tender Documents
or having any connection therewith and has considered the nature and extent of all probable and
possible situations, delays, hindrances or interferences to or with the execution and completion
of the Services to be carried out under the Contract, and has examined and considered all
other matters, conditions and things and probable and possible contingencies, and generally all
matters incidental thereto and ancillary thereof affecting the execution and completion of
the Services and which might have influenced him in making his tender.
C. The Tender Documents including the Notice Letter Inviting Tender, General Conditions of
Contract, Special Conditions of Contract, Schedule of Rates, General Obligations,
Specifications, Drawings, Plans, Time Schedule for completion of Services, Letter of
Acceptance of Tender and any statement of agreed variations with its enclosures copies of
which are hereto annexed form part of this Contract though separately set out herein and are
included in the expression “Contract” wherever herein used.
AND WHEREAS
The Employer accepted the Tender of the Service Provider for the provision and the execution of the
said Services at the rates stated in the Schedule of Rates of the Services and finally approved by Employer
(hereinafter called the "Schedule of Rates") upon the terms and subject to the conditions of Contract.
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED AND DECLARED AS
FOLLOWS:-
1. In consideration of the payment to be made to the Service Provider for the Services to be
executed by him, the Service Provider hereby covenants with Employer that the Service
Provider shall and will duly provide, execute and complete the said Services and shall do and
perform all other acts and things in the Contract mentioned or described or which are to be
implied there from or may be reasonably necessary for the completion of the said Services and
at the said times and in the manner and subject to the terms and conditions or stipulations
mentioned in the Contract.
2. In consideration of the due provision execution and completion of the said Services,
Employer does hereby agree with the Service Provider that the Employer will pay to the service
provider the respective amounts for the Services actually done by him and approved by the
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Employer at the Schedule of Rates and such other sum payable to the Service Provider under
provision of Contract, such payment to be made at such time in such manner as provided for in
the Contract.
AND
3. In consideration of the due provision, execution and completion of the said Services the
Service Provider does hereby agree to pay such sums as may be due to the Employer for the
services rendered by the Employer to the Service Provider, such as power supply, water
supply and others as set for in the said Contract and such other sums as may become payable
to the Employer towards the controlled items of consumable materials or towards loss, damage
to the Employer's equipment, materials construction plant and machinery, such payments to be
made at such time and in such manner as is provided in the Contract.
It is specifically and distinctly understood and agreed between the Employer and the Service
Provider that the Service Provider shall have no right, title or interest in the Site made available
by the Employer for execution of the Services or in the goods, articles, materials etc., brought
on the said Site (unless the same specifically belongs to the Service Provider) and the Service
Provider shall not have or deemed to have any lien whatsoever charge for unpaid bills will
not be entitled to assume or retain possession or control of the Site or structures and the
Employer shall have an absolute and unfettered right to take full possession of Site and to
remove the Service Provider, their servants, agents and materials belonging to the Service
Provider and lying on the Site.
The Service Provider shall be allowed to enter upon the Site for execution of the Services only
as a licensee simpliciter and shall not have any claim, right, title or interest in the Site or the
structures erected thereon and the Employer shall be entitled to terminate such license at any
time without assigning any reason.
The materials including sand, gravel, stone, loose, earth, rock etc., dug up or excavated from the said
Site shall, unless otherwise expressly agreed under this Contract, exclusively belong to the
Employer and the Service Provider shall have no right to claim over the same and such excavation
and materials should be disposed off on account of the Employer according to the instruction in
writing issued from time to time by the Engineer-In-Charge.
In Witness whereof the parties have executed these presents in the day and the year first above written.
Signed and Delivered for and on Signed and Delivered for and
on behalf of Employer. on behalf of the Service Provider
GAIL (India) Limited Name of the Service Provider
_______________________________ ____________________________
_______________________________ ____________________________
Date :___________ Date :____________
Place:___________ Place:____________
IN PRESENCE OF TWO WITNESSES

1.___________________________ 1. ________________________
___________________________ ________________________
___________________________ ________________________
___________________________ ________________________
2.___________________________ 2. ________________________
___________________________ ________________________
___________________________ ________________________
___________________________ ________________________
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SECTION - V
SPECIAL CONDITIONS OF
CONTRACT (SCC)
Note: GAIL Special Condition of Contract (SCC) shall prevail over GeM-
SLA & GeM GTC where there is conflict on terms & conditions
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Special Conditions of Contract (SCC)
TABLE OF CONTENTS
SPECIAL CONDITIONS OF CONTRACT (SCC)
S. No. TITLE
1. COMPLETION SCHEDULE / CONTRACT PERIOD
2. TRAINING
3. INSTALLATION
4. ACCEPTANCE TESTS (AT)
5. SUPPORT AND MAINTENANCE SERVICES
6. PAYMENT TERMS
7. CONTRACT PERFORMANCE GUARANTEE
8. PRICE REDUCTION SCHEDULE (PRS)
9. NON-PERFORMANCE DEDUCTIONS
10. DOCUMENTATION
11. OTHER TERMS & CONDITIONS
ANNEXURE- A DELIVERY & BILLING LOCATION
ANNEXURE -B LOCATION ADDRESS & CONTACT DETAILS
1. COMPLETION SCHEDULE / CONTRACT PERIOD

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The service is for a period of 3 years from the date of FOA/LOA/GeM Contract.
Bidder to complete activation of subscription license, successful on-boarding to
cloud based WAF Platform, Migration, Configuration, Testing &
Implementation of solution within within 2 months from the date of
FOA/LOA/GeM Contract.
GAIL reserves the right for extending the contract to another 9 months on the
same terms & conditions and rates.
2. TRAINING
The Bidder shall be required to provide training from OEM on Web Application
Firewall to 6 BIS Officers of GAIL for a period of 3 days.
The Training need to be conducted by the trained faculty so as to help GAIL for
smooth operation of the system. Training material shall be provided for each
trainee.
3. INSTALLATION
a) The Bidder shall configure the solution as per the detailed scope mentioned in
this document and further can be improved based on the discussions held at SITE
with GAIL Team.
b) On successful completion of the Installation of the solution, these shall be
handed over to GAIL. Bidder shall submit the installation report along with
solution configuration report, results of diagnostic tests run etc. to GAIL.
c) Installation report has to be submitted by the vendor along with the required
valid licenses. At the end of the project, before signing of the acceptance
Protocol, the consolidated report mentioning the same needs to be submitted to
EIC in the form of hard and soft copies.
d) The configurations shall be done by the bidder with the help of expert engineers.
The bidder needs to submit the certificate stating that best practices have been
followed in installation and configurations.
4. ACCEPTANCE TESTS (AT)

OSAT shall comprise of completion of following activities at site:
a) Checking of the Configuration as per the technical specifications.
b) Running & printing the diagnostic tests for systems to check for the
specifications.
c) Complete functionality of the system shall be tested as per Scope of Work &
Technical Specifications.
5. SUPPORT AND MAINTENANCE SERVICES

a) The Vendor shall be responsible for the entire solution for trouble free operation during
the support & maintenance services period of 03 years. Zero date for support &
maintenance services will start only after signing of Acceptance Protocol by bidder’s
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representative and EIC.
b) There shall be one mobile number, online web portal and e-mail ID wherein call can be
booked 24 x 7. The Non-performance Deductions shall be calculated from the call
booked time to the call resolved time and cumulatively all the down times shall be added
and the Non- performance Deductions shall be quarterly calculated accordingly.
c) GAIL shall NOT provide any transport facility or accommodation to the engineer /
representative of the bidder. In case any material transport to / from GAIL is required,
the bidder shall arrange the same.
d) All necessary tools, tackles and accessories required to complete the scope of work as
per tender document is in the scope of the bidder, at no extra cost to GAIL.
e) Bidder shall sign the Non-Disclosure Agreement with GAIL as per format given in the
tender.
f) VENDOR shall supply all the software updates & upgrades, new releases/versions
released during the Warranty period as and when these are released. Also, all the
upgrades and releases of this product shall be supplied and configured during the
warranty period.
g) Bidder shall submit Third-Party Connection Request form duly filled, signed & stamped
on its letterhead, to GAIL for creation of various accounts like E-Mail, Internet etc. as
per format given in Appendix (Third-Party Connection Request format).
h) Acceptance protocol will be signed centrally at Noida after completion of all activities
in all sites as per format given in Annexure – IV (Acceptance protocol for system(s)).
6. PAYMENT TERMS
Payment for the solution at Noida mentioned in SOR shall be released on Quarterly basis
from Noida after submission of quarterly invoice, certified by GAIL’s site EIC and
adjustment of Non-performance deductions (If any).
First quarterly payment would be released on activation of subscription license as per

the PO, successful on-boarding to Cloud based WAF Platform, submission of CPS and
signing of the Acceptance Protocol.
For the final/Last payment, Bidder needs to submit the Indemnity Bond and No-Claim
certificate along with the Original Invoice.
7. CONTRACT PERFORMANCE SECURITY (CPS)/SECURITY DEPOSIT (SD)
CPS/ SD @ 10% of Annualized Order /Contract value within 30 days of GeM
Contract/FOA/notification of award.
OR+
Initial security deposit (ISD) @ 2.5% of Annualized Order / Contract value within 30
days of GeM Contract/FOA/notification of award and deduction @ 7.5% of the RA bill
subsequently from RA bills till the total amount of security deposit (including ISD and
deducted amount) reaches 10% of Annualized Order / Contract value.
In case of CPS is in the form of BG, the same shall be in the prescribed format (Format
F-4) valid for 36 months. Additional claim period of 3 months from expiry of BG is also
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required. CPBG shall be released by GAIL after expiry of validity and successful
completion of contract.
8. PRICE REDUCTION SCHEDULE (PRS)
Time is the essence of the CONTRACT. In case the CONTRACTOR fails to complete
the WORK within the stipulated period (i.e. within 2 months from the date of
FOA/LOA/GeM Contract), then unless such failure is due to Force Majeure as defined
in GCC or due to EMPLOYER's defaults, the SOR item price shall be reduced by ½%
of the Total SOR value of the delayed items per complete week of delay or part thereof
subject to a maximum of 5% of the Total SOR value of the delayed item by way of
reduction in price for delay and not as penalty. The said amount will be recovered from
amount due to the Contractor/ Contractor’s Contract Performance Security payable on
demand.
The decision of the ENGINEER-IN-CHARGE in regard to applicability of Price

Reduction Schedule shall be final and binding on the CONTRACTOR.
All sums payable under this clause is the reduction in price due to delay in completion
period at the above agreed rate.
Bonus for early completion shall not be applicable for this tender.
9. NON-PERFORMANCE DEDUCTIONS
The bidder is required to adhere to the Service Level Agreements as mentioned below:
Sr. Service Level Objective Target Penalties

No.
1. Availability (A) Availability(A) for A >= 99.99% - Nil
service>=99.99%
The aggregate number of hours in a quarter uptime for WAF in 99.99% > A >=
during which the service is actually available any aspect 99.80%: 4% of
for use. Quarterly amount
Uptime Calculation for the Quarter: 99.80% > A >=

99.50%: 6% of
[Uptime Hours in the Quarter / Total no. of Quarterly amount
hours in the Quarter] x 100
99.50% > A >=
99.00%: 10% of
Quarterly amount
due
99.00% > A : 10%

of Quarterly due
and Penalty at an
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incremental rate of
5% for every 0.5%
additional
downtime
2. Security: Maintain timely Penalty as
Timely vulnerability corrections in WAF corrections indicated below
cloud Infrastructure : (per occurrence):
a) Critical Severity: Perform vulnerability 10% of Quarterly

correction within 02 days of vulnerability Payment and
identification. additional 1 % for
every week of
b) High Severity: Perform vulnerability delay.
correction within 03 days of vulnerability
identification.
c) Medium Severity: Perform vulnerability

identification.
d) Low Severity: Perform vulnerability

identification.
Note : Severity is based on CVSS score

3. Security Incident (Malware Attack/ Data No Security For each
Theft/Loss of data/Intrusion or Incidents occurrence of any
Defacement): of the attacks
(Malware attack /
Applicable on the WAF cloud Infrastructure Intrusion /Data
Theft), 20% of the
Security incidents could consist of any of the Quarterly Payment
following: per incident and
liable to
Malware Attack: This shall include cancellation of the
Malicious code infection of any of the contract
resources including physical and virtual
infrastructure and applications.
Intrusion:
Successful unauthorized access to system,
resulting in loss of
confidentiality/Integrity/availability of data.
The WAF cloud Infrastructure provider shall
be responsible for monitoring, detecting and
resolving all security related intrusions on the
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network using an Intrusion.
Data Theft:
Any incident wherein system including all
cloud-based services and components are
compromised or any case wherein data theft
occurs (includes incidents pertaining to WAF
cloud Infrastructure only).
4. Support Channel - Incident and Helpdesk: For Severity Level- The penalty will be
1, incidents should charged as
Average Time taken to acknowledge and be resolved within 6 Rs.10,000/- per day
respond, once a ticket/incident is logged Hours of problem for every day of
through one of the agreed channels. reporting delay.
This is calculated for all tickets/incidents Severity Level-2

reported within the reporting month. within 24 hours of
problem reporting
Root Cause Analysis (RCA) Report is required
to be submitted within a week of the incident. Severity Level-3
It should include the complete log analysis, within 48 hours of
reason for outage and solution. problem reporting
In case of any Non-performance deduction, Vendor has to submit the Credit note for
deducted penalty along with the Original Invoice.
10. DOCUMENTATION
A complete documentation on implementation and deployment for each component will

be provided by the bidder. The documentation will cover but not limited to the following:
a) Features installed and configured
b) Hardware/Software Configuration
c) GAIL Deployment
d) Disaster Recovery Process (Step-by-Step)
e) Troubleshooting
11. OTHER TERMS & CONDITIONS
a) After placing the FOA, the vendor shall submit the detailed Project Schedule to the
Engineer-In-Charge stating the dates and activities planned including the details of the
engineers that will be deployed for the installation and configuration of the solution. The
schedule shall be having the clear details of the dates and the engineers visiting the
site(s).
b) All the expenditure for boarding, lodging, traveling, transport of material to GAIL Site
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shall be borne by the Contractor.
c) Contractor shall submit OEM Specification/Literature for quoted solution.
d) At all times the contractor will comply with all security regulations in effect that GAIL
requires at its premises or in the protection of its data assets.
e) All necessary tools and accessories required to complete the scope of work as per tender
document is in the scope of the Contractor.
f) In order to establish the claims made by the bidder, they are required to submit the
documentary evidences / references which are must for evaluation of bid in a transparent
manner. Bidder should necessarily provide the documentary evidences supporting the
technical specifications of the offered solution, as asked in various places in this
document. Failing to submit the requisite documents may lead to summarily reject the
bid and GAIL do not intend to provide any second chance.
g) Since solution is highly complicated and its based on proprietary technology, software
which requires special certified trained professionals to carry out this job with minimum
hindrance to the production system, bidder is expected to have all such relevant
expertise, duly certified by OEM of solution. It is assumed that while submitting of this
bid, that he is going to utilize those specialized engineers as and when required and
bidder shall arrange to block those engineers as per the arena.
h) Any document required to be approved by GAIL during the execution of the job has to
be submitted at least 1 week in advance.
i) Any changes that are needed to be carried out in the existing setup shall be in
consultation and approval from GAIL. The same shall be informed in advance so as to
plan the down time / impact to the end users.
j) Bidder shall submit OEM Specification/Literature for quoted solution at the time of
bidding.
ANNEXURE-A (DELIVERY & BILLING

LOCATION)
Sr No Billing Location Delivery Location

1 Noida Noida
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ANNEXURE – B (LOCATION ADDRESS & CONTACT DETAILS)
S Main Site Address BIS Contact GST Number

No Location Representativ Details
. e Name and
Designation
1 Noida GAIL (India) Ltd., B-35 & Gaurav gaurav.sachan 09AAACG1209J1ZU
36, Infohub Building, Sachan, @gail.co.in
Sector – 1, Noida – 201 301 Manager(BIS)
(UP)
12. ABNORMALLY HIGH RATE (AHR)
Read in conjunction with clause no. 2.9.2 of GCC Service, AHR is applicable as per
clause no. 41 of ITB of tender
13. DEFECT LIABILITY PERIOD: NIL
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SECTION - VI
SCOPE OF WORK (SOW)

Note: GAIL Scope of Work (SOW) shall prevail over GeM-SLA & GeM
GTC where there is conflict on terms & conditions
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TABLE OF CONTENTS
SCOPE OF WORK (SOW)
S. No. TITL
1 INTRODUCTION E
2 INFORMATION TECHNOLOGY (IT) IN GAIL
3 SCOPE OF WORK
ANNEXURE – I NDA FORMAT
ANNEXURE – II THIRD PARTY CONNECTION REQUEST FORMAT
ANNEXURE – III ACCEPTANCE PROTOCOL FORMAT
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1. INTRODUCTION
GAIL (India) Limited is one of the premier Public Sector Enterprises (PSEs) in the
country today. It is one of the Maharatna enterprises of India.
Gas transmission and distribution forms bulk of GAIL’s business today followed
by gas processing for LPG production and production of petrochemical products
(HDPE & LLDPE) and transmission of LPG through pipeline.
The purpose of this tender is to invite bids from reputed companies for - Hiring of
Cloud Based Web Application Firewall (WAF) Services for GAIL.
2. INFORMATION TECHNOLOGY (IT) IN GAIL
GAIL is an IT savvy company with all the employees having the access to E -Mail,
Intranet and Internet facilities and the PC penetration being 100%. GAIL has its
own Wide Area Network (WAN) on different media like VSAT, Microwave and
Optical Fiber connecting most of its pan-India locations.
GAIL has made significant investments in IT infrastructure and software over the
last five years in view of the current developments in the industry and its own
growth plans.
GAIL’s IT strategy follows an Integrated Approach. In today’s competitive world,

IT strategy can provide real competitive edge to companies. The company's IT
initiatives are spread across all its functional areas and the objective is to use IT to
the best possible extent. Thus, we have evolved the motto: Squeeze technology to
its limits.
IT contributes directly to work efficiency and transactional efficiency, leading to

cost reduction and increased customer satisfaction. Thus, GAIL has undertaken a
number of IT initiatives which have significantly contributed to cost reduction and
operational efficiency. GAIL’s IT strategy borders on these principles in an effort
to become a techno savvy and efficient company.
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3. SCOPE OF WORK
Through current procurement, GAIL intends to hire services for Cloud Based Web
Application Firewall. In this regard different details are given as:
Bidder need to submit technical compliance document on OEM Letter head with cross
reference link against each scope of work clauses duly signed and stamped by OEM of
the offered Solution, along with the bid.
1. The proposal should include OEM Professional Services for the successful
implementation of the solution. The OEM professional services shall include but not
limited to Architecture and Design validation, Migration approach, Deployment and
Configuration validation and Post Implementation environment assessment. The above
activities should be jointly done by the bidder and the OEM, as per the best security
practices for the final acceptance.
2. Cloud WAF OEM should have professional services team for India customers and all
change management services should be delivered by their Professional Services Team.
3. All public facing internet-based HTTP (Port 80) and HTTPS (Port 443) applications that
are integrated in WAF shall be routed first to the WAF on the cloud for scanning & only
genuine traffic shall be forwarded to the GAIL’s application. Cloud WAF should be
hosted in India and data should not go outside India for any processing.
4. The services shall have a highly scalable layer of protection against application layer
(Layer 7) attacks.
5. The cloud WAF provider must have mitigation plans to handle outages due to any
reasons including hacks on either PoP or NOC.
6. The services should be provided on Security-as-a-Service model.
7. Solution should provide Web origin protection.
8. Cloud WAF should have capability to Load Balance & Failover across Origins (DC-
DR).
9. Solution should provide Client-side protection functionality which can provide

Protection for end-users from client-side attacks coming from third-party JS services.
(Formjacking, Skimming/Magecart).
10. The service should be comprehensive and include Configuration, Operations and
Management of the solution.
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11. No hardware & software is to be installed at GAIL premises for the provision of the
services.
12. WAF shall ensure automatic protection with minimum manual intervention for initial
configuration, timely policy updates, and others operational activities as required.
13. Cloud WAF should have at least 2 PoPs in India. These PoPs must have must provide
the following.
A. DDOS Scrubbing on L3, L4 and L7. The scrubbing center (India) to mitigate
Application attacks and Mitigation should begin within 10 minutes of Attack. Traffic
should not go outside India. Throughput to support DDOS attacks should by 900
Mbps.
B. Application Layer Inspection.
C. Caching.
14. Cloud WAF OEM should have India Operations for at least last 5 years with Support
center in India.
15. Cloud WAF should offer at least 99.999% Uptime SLA.
16. Cloud WAF should not place any limit on the number of attacks, or the amount of attack
traffic mitigated by it during Attack and should support clean traffic throughput as
without any restrictions. Virtual WAF instance based WAF solutions with limited
capacity are not allowed.
17. The solution should provide protection against known web vulnerabilities like OWASP
Top 10 vulnerabilities, SANS Top 25 Vulnerabilities and WASC Web Security Attack
classification.
18. The solution should be able to prevent all application security threats including Cross
Site Scripting (XSS), SQL injection, Session Hijacking, remote file inclusion & Brute
Force Attack.
19. The solution should support both Positive and Negative security models.
20. The solution should provide full support for HTML5, AJAX and JSON.
21. Any new vulnerability discovered/disclosed publicly should be included in the scan
policy within 48 hours of announcement.
22. The solution should be capable of decrypting the SSL/TLS traffic to analyze the HTTP
data, and re-encrypt the SSL/TLS traffic.
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23. WAF should support different policies for different web applications and allow
modification of these policies upon request.
24. The solution should include options to develop Custom Rules. Custom rules should be
unlimited to cover the virtual patching for the newly identified vulnerabilities also and
to create the custom WAF policies to progressively enhance the Application security.
Proof of concepts to be delivered by OEM professional services.
25. Proof of concepts should also be unlimited and to be delivered by OEM professional
services.
26. The WAF should support millisecond latency so as not to impact Web application
performance.
27. WAF should be able to handle throughput of handling clean https traffic of 150 Mbps
with scalability up to 300 Mbps.
28. WAF should be able to handle 50 FQDNs on Day-1 and should be scalable up to 75
FQDNs without any extra cost to GAIL. Public IP pool required for 75 FQDNs has to
be arranged by the WAF Solution provider. GAIL should be able to define policy
individually on each domain/sub-domain separately.
29. WAF solution plan should include clean or legit data transfer of 10 TB and scalable up
to 20 TB per quarter for all applications put together for commercial evaluation.
30. The Proposed Solution Content Delivery Network shall allow content caching according
to response headers from origin instance. If this feature is not available in WAF solution,
OEMs can integrate with CDN providers to provide this functionality.
Performance/sizing of CDN should be in line with the proposed WAF Solution.
31. The solution must be able to secure & protect Web, mobile, and API applications.
32. The solution should allow for exception handling like Whitelisting and Blacklisting of
IPs and allow blocking of IPs based on geographic location.
33. WAF should provide a real-time single management console to manage multiple WAF
instances protecting multiple websites. The dashboard should contain data such as top
attacks view, traffic monitoring view etc. Solution should have Unified Portal for Cloud
WAF, API Discovery & Protection, BOT Management, Integrated DDoS service.
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34. The provided WAF service should be in Auto Scaling/High availability mode such that
there will be no impact on WAF service delivery in case of downtime or other
operational issues at OEM side.
35. The WAF solution should have inter alia capability of protection from BOT.
Administrators must be alerted through mail / SMS in case of such attack.
36. Solution must provide

a. IP Geolocation.
b. IP Reputation.
c. Protocol validation/violation.
d. Brute force protection.
e. Threat scoring and weighting.
f. Syntax-based SQLi detection.
g. Operating system intrusion signatures.
h. Must provide Known threat and zero-day attack protection.
i. Application level DoS prevention.
j. Ongoing and automated protection against botnets and malicious sources.
k. Bot dashboard help analyzing traffic from malicious robots, crawlers, scanners
and search engines.
l. Must provide Geo IP analytics and security.
m. Trojan Backdoors protection.
37. Solution shall not store clean transaction data in their cloud platform except for metadata
used for reporting.
38. Solution shall allow ports 80 and 443 between Cloud WAF and End Users. Ports 80, 443
and Customized ports should be configured between Cloud WAF and Application hosted
in GAIL datacenter. Customization regarding port redirection should be done by OEM.
39. Solution must have machine learning to automate application and content inspection.
40. The solution should provide Access to Security events in near real time using Open APIs
for integration with On-premise McAfee SIEM & Palo Alto SOAR integration.
41. Solution should offer feature to control SSL/TLS Version via Cloud WAF. It should
have support for TLS Version such as TLS1.1, TLS 1.2 & TLS 1.3. If any old SSL/TLS
version is detected by web solution, then it should be informed to GAIL.
42. The proposed solution should have an ability to temporarily block source IP from any
activity as a penalty for continuous security violations.
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43. Solution should provide for customizable block pages.
44. The proposed solution should support advance BOT Management capabilities across
web and mobile application.
45. Solution should Detect and identify bots using a multi-layered approach options for bot
mitigation which includes below mitigation options:
a) Allow,
b) Challenge CAPTCHA,
c) Block,
d) Feed fake data,
e) Throttle,
f) Drop,
g) log only,
h) Custom Response,
i) Crypto Challenge
46. Cloud PoP Level Quality & Security Certifications. Any one (01) of the following from
(b), (c), (d) & (e):
a. ISO 27001:2013 (Information Security Management Systems) - Mandatory
b. ISO 27017:2015 (Information Security for Cloud Services)
c. HIPPA Certified
d. SOC 2 Type II
e. PCI DSS Compliance
47. Cloud WAF Portal should provide drill-down about security events and patterns,
including context & clarify into application behavior like Attack details, HTTP request,
Vulnerabilities, origin country of attacker, OWASP Category of attack event falls into
and many more.
48. Solution shall be IPv4 and IPv6 compliant.
49. The Proposed Solution must have the ability to support “content compression and
caching (static content including but not limited to JS, CSS, Images, etc. with
configurable ‘Time to Live’ values)”.
50. Services must protect from (but not limited to) malicious payloads, browser supply chain
attacks, XML specific security protection and AI/ML based Zero-day attack protection.
51. Service shall provide API Protection based on Schema definitions, Discovery and
Classification of APIs, Machine learning along with Rate limit and threat protection.
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52. Bidder needs to ensure that OEM provides premium support for the solution and the
escalation matrix in regard to 24*7 support is also required to be submitted. Also,
OEM should have the following:
a. Either 24X7 Customer support in India, email and telephonic support or
Customer support from India during office hours and then according to Sun from
other Countries.
b. Single Point of Contact from OEM to expedite support and immediate response.
c. Delivery from India for Indian end customers.
53. Following jobs are to be performed by the Bidder and not by WAF OEM:
a. Provide the vulnerability reports for the published application over WAF as and
when required by the GAIL.
b. Bidder to scan and validate GAIL applications every 6 months with web
application vulnerability assessment tools during the contractual period. Bidder
to provide solution to vulnerabilities like session hijacking, Cross Site Request
Forgery, Buffer Overflow, Cookie Poisoning, Cookie Protection, Parameter
Tampering which needs to be fixed at Application Level.
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Annexure-I
NON DISCLOSURE AGREEMENT
This Agreement is made on this _______ day of __________ 2023 for PO No.
________________
BETWEEN
GAIL(India) Limited, a Company incorporated under the Companies Act, 1956 and having its
Registered Office at GAIL BHAWAN, 16 BHIKAIJI CAMA PLACE,NEW DELHI-110066,
India (hereinafter referred to as "GAIL", which expression unless repugnant to the context shall
include its successors and assignees ) represented by its ______________________Mr.
_____________, of the First Part
AND
_________________ a Company incorporated under the Companies Act, 1956 having its
principal place of business at ________________________________(hereinafter referred to as
"_XXX", which expression unless repugnant to the context shall include its successors,
assignees and subsidiaries) represented by its ___________________Mr. ___________, on the
Other Part.
GAIL and XXX may also be referred to individually as “Party” and collectively as “Parties”
herein below.
WHEREAS:
1. GAIL is desirous of appointing XXX to provide necessary advice and support in
modifying, upgrading its existing systems and operations and/or installation of new
components, equipment, systems, software, etc and the Parties are in the process of
entering into a Contract
2. During the course of the engagement or subsequently disclosure of certain information

which is proprietary/ confidential to GAIL may become necessary or desirable.
3. GAIL is willing to disclose such Proprietary/Confidential Information (as defined in

Clause 1 below) to XXX upon the terms and conditions herein set forth and XXX is
willing to maintain the confidentiality of such information disclosed to it by GAIL in
accordance with the terms and conditions hereof.
NOW THEREFORE, in consideration of the disclosure of such Proprietary/Confidential

Information and upon covenants and promises herein contained, it is agreed as follows:
1. “Confidential Information” shall mean any information, including without limitation,
information created by or for GAIL, whether written or oral, which relates to internal
controls, computer or data processing programs, algorithms, electronic data
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processing applications, routines, subroutines, techniques or systems, or information
concerning the business or financial affairs and methods of operation or proposed
methods of operation, accounts, transactions, affiliates, or any client of either party,
except such information which is in the public domain at the time of its disclosure or
thereafter enters the public domain other than as a result of a breach of duty on the
part of the party receiving such information. It is the express intent of the Parties that
all the business process and methods used by XXX in rendering the services hereunder
are the Confidential Information.
2. XXX shall keep confidential any Confidential Information of GAIL with the same
degree of care as it would treat its own confidential information. All the Confidential
Information will be used only for the purposes of this Agreement and shall not be
disclosed to any third party for any reason whatsoever.
3. At all times during the performance of the Services, XXX shall abide by all applicable
information security rules, policies, standards, guidelines and procedures. XXX agrees
that before any of its employees or assignees is given access to the Confidential
Information, each such employee and assignees shall agree to be bound by the terms
of this Agreement and such rules, policies, standards, guidelines and procedures by its
employees or agents.
4. XXX agrees that at all times and notwithstanding any termination or expiration of this
Agreement it will hold in strict confidence and not disclose to any third party
Confidential Information of GAIL, except as approved in writing by GAIL, and will
use the Confidential Information for no purpose other than evaluating or pursuing a
business relationship with GAIL. Notwithstanding the above, XXX shall not be in
violation of this section with regard to a disclosure that was in response to a valid order
by a court or other governmental body, provided that XXX seeks GAIL with prior
written permission of such disclosure. XXX shall only permit access to Confidential
Information of GAIL to those of its employees or authorized representatives having a
need to know and who have signed confidentiality agreements or are otherwise bound
by confidentiality obligations at least as restrictive as those contained herein.
5. XXX shall immediately notify GAIL upon discovery of any loss or unauthorized
disclosure of the Confidentiality Information.
6. XXX’s obligations under this agreement with respect to any portion of GAIL
Confidential Information shall terminate when XXX can document that:(a) it was in
the public domain at the time it was communicated to XXX by GAIL;(b) it entered
the public domain subsequent to the time it was communicated to XXX by GAIL
through no fault of XXX;(c) it was in XXX’s possession free of any obligation of
confidence at the time it was communicated to XXX by GAIL;(d) it was rightfully
communicated to XXX free of any obligation of confidence subsequent to the time it
was communicated to XXX by GAIL; or (e) it was communicated by GAIL to an
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unaffiliated third party free of any obligation of confidence.
7. Upon termination or expiration of the Agreement, or upon written request of GAIL,

XXX shall promptly return to GAIL all documents and other tangible materials
representing the GAIL Confidential Information and all copies thereof.
8. XXX recognize and agree that nothing contained in this Agreement shall be construed
as granting any property rights, by license or otherwise, to any Confidential
Information of GAIL disclosed pursuant to this Agreement, or to any invention or any
patent, copyright, trademark, or other intellectual property right that has issued or that
may issue, based on such Confidential Information. XXX shall not make, have made,
use or sell of any purpose any product or other item using, incorporating or derived
from any Confidential Information of GAIL
9. Confidential Information shall not be reproduced in any form except as required to

accomplish the intent of this Agreement. Any reproduction of any Confidential
Information of GAIL by XXX shall remain the property of GAIL and shall contain
any and all confidential or proprietary notices or legends that appear on the original,
unless otherwise authorized in writing by GAIL.
10. XXX’s obligations under this Agreement shall survive termination of the Agreement
between parties and shall be binding upon XXX’s heirs, successors and assigns.
XXX’s obligations hereunder shall continue in full force and effect with respect to
Confidential Information.
11. This Agreement shall be governed by and construed in accordance with Indian Law
without reference to conflict of laws principles. Any Disputes under this Agreement
may be referred to the Courts of New Delhi, India, and the parties hereby consent to
the jurisdiction and venue of these Courts.
12. This Agreement may not be amended except in writing signed by both parties hereto.
13. XXX acknowledges that its breach of the Agreement will cause irreparable damage to
GAIL and hereby agrees that GAIL shall be entitled to seek injunctive relief under this
Agreement, as well as such further relief as may be granted by a court of competent
jurisdiction.
14. If any provision of this Agreement is found by a proper authority to be unenforceable

or invalid such unenforceability or invalidity shall not render this Agreement
unenforceable or invalid as a whole and in such event, such provision shall be changed
and interpreted so as to best accomplish the objectives of such unenforceable or invalid
provision within the limits of applicable law or applicable court decisions.
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15. XXX will not assign or transfer rights or obligations under this Agreement without
prior written consent of GAIL.
16. XXX shall not export, directly or indirectly, any technical data acquired from GAIL
pursuant to this Agreement or any product utilizing any such data to any country for
which the Government of India or any agency thereof at the time of export license or
other governmental approval without first obtaining such license or approval.
In WITNESS WHEREOF, the parties hereto have caused this Non-Disclosure

Agreement to be executed as of the Effective Date.
<Name> GAIL (INDIA) LIMITED

By: ………………………… By:
…………………………
<NAME> <DESIGNATION> <NAME> <DESIGNATION>
Date: ………………………… Date:
……………………….
Address: Address:
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Annexure-II
THIRD PARTY CONNECTION REQUEST FORMAT
(i) Majority of consultants, advisors, contractors generally carry Laptop with Wi-fi
Internet connection and they can provide required services to GAIL without taking
Internet or EMAIL facility from GAIL. Therefore, in general EMAIL and Internet
services shall not be provided to third parties.
(ii) In exceptional cases, these services shall be provided to them based on justification
and approval of OIC/HODs (in case of corporate office) after submission of “Third
Party Connection Request Form” and ISO 27001 “Acceptable IT Use Policy”.
Third Party Connection Request Form

The request needs to be initiated by the representative of organization, Advisor,
Consultants who needs to use GAIL’s E-Mail, Internet or other IT services for carrying
out jobs assigned by GAIL.
(a) Requesting Organization:
(i) Name of the Organization:

(ii) Name and Designation of the Representative:
(iii) E-Mail and Mobile No of Representative:
(iv) IT services requited till :
(v) IT Services Needed:
(vi) Reasons of Requirement:
(vii) Names and Designations of the Users:
SN Name of the User Designation of the User
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Third Party Connection Agreement Statements

a. Third Party network connections are to be used for business purposes only.
b. The information provided on the Third Party Connection Request Form is
correct to the best of my knowledge.
c. Our company shall inform GAIL when an employee, who has access on
GAIL equipment / IT services, leaves the company or is transferred to
another position which no longer requires access.
d. Only employees of our company who have approved access shall use the
resources associated with this connection. No sharing of accounts on GAIL
owned and maintained devices will be permitted.
e. GAIL ISO 27001 “Acceptable IT Use Policy” document is attached herewith
duly signed & stamped.
(Signature with official stamp of Representative)
(b) Justification of Request by GAIL:
The above IT services as requested by <representative> of <organization> are

essential for providing their services to GAIL.
Name of GAIL Officer:

CPF No:
Designation:
Department:
Signature:
Signature of HOD (in case of Corporate Office) / OIC (Site)
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Annexure-III
ACCEPTANCE PROTOCOL FOR SYSTEM(S)
(To be signed by User Deptt. / IT on completion)

Supplier: ____________ P.O. No.: __________________ P.O. date:______/_____/___
User deptt./ division: ___________
Location_________________________
Co-ordinator: ______________ Date of Delivery: ___/_____/______
ACCEPTE
S.No. CONFIGURATION
D
1 HARDWARE YES / NO
2 SOFTWARE YES / NO
3 MEDIA / DOCUMENTATION YES / NO
The System(s) is / are complete in all respects and accepted by GAIL and the warranty
starts w.e.f. from / / and shall be up to / / as per the terms of
the P.O.
Note: The Non-Disclosure Agreement (NDA) has also been signed by GAIL &
Supplier.
GAIL SUPPLIER
Signature: ………………….. Signature: ……………………

Name: ……………….……… Name: ……….……………….
Emp. No.: ………..………… Emp. No:……………….......
Date: ……………………….. Date: …………………………
-199-
SECTION-VII
SCHEDULE OF RATE
(SOR)/ BILL OF
QUANTITY (BOQ)
-200-
Schedule of Rates (SOR) / Bill of Quantity (BOQ)
S.No. Description Qty. UOM Remarks

1 HIRING OF CLOUD-BASED WEB APPLICATION FIREWALL 1 LS Bidder to quote total price (including
(WAF) SERVICES FOR GAIL GST) on GeM portal as per schedule
TENDER REF. NO. GAIL/NOIDA/ C&P/BIS/22237 (GEM BID
NO. GEM/2023/B/3415909) of rate (SOR) which shall include the
price of all SOR items
Note 1: Break up of "Lumpsum Total Price Quoted" on GEM portal shall be sought from successful bidder in the format
of Price Schedule/ Schedule of Rate. The break-up shall be binding for all post award activities related to the contract
awarded through this tender.
-201-
GAIL (INDIA) LIMITED

NOIDA
SCHEDULE OF RATES FOR PRICE -BREAKUP
TENDER REF. NO. GAIL/NOIDA/ C&P/BIS/22237 (GEM BID DOCUMENT NO. GEM/2023/B/3415909)
Unit Base
Total Base GST Total
Item Price
ITEM DESCRIPTION UOM QTY Product Rate GST Amount Amount SAC/HSN Code
no. (inclusive all
Amount (%) (RS.)
charges)
A B C=A*B D E=(G*H)/100 F=C+E min. 6 digit code
Cloud based Web

1 Application Firewall (WAF) Qtr 12 0.00 0.00 0.00
Services as per SOW
0.00 0.00 0.00
Note 1: Break up of "Lumpsum Total Price Quoted" on GEM portal shall be sought from successful bidder in the format
of Price Schedule/ Schedule of Rate. The break-up shall be binding for all post award activities related to the contract
awarded through this tender
Name of authorized person submitting the tender on
behalf of the Bidder (s):
Designation of authorized person:
Name of Bidder :
Address of Bidder :
-202-

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TENDER DOCUMENT

GEM BID NO. GEM/2023/B/3415909

OPEN DOMESTIC COMPETITIVE BIDDING

 Mr. Sanjay Singh, Ch. Manager (C&P)

 Mr. Adesh Singhal, GM (C&P)

GAIL India Limited

INVITATION FOR BID (IFB)

Ref No: GAIL/NOIDA/C&P/BIS/22237 Date: 17.05.2023

ALL PROSPECTIVE BIDDERS AVAILABLE ON GEM PORTAL

SUB: TENDER DOCUMENT FOR HIRING OF HIRING OF CLOUD-BASED WEB

2.0 The brief details of the tender are as under:

BRIEF SCOPE OF SERVICE HIRING OF CLOUD-BASED WEB APPLICATION

Rs. 9,93,497/- (Rupees Nine Lakhs Ninety-Three

Further, EMD exemptions shall be applicable as per ITB

EMD exemptions shall be applicable as per ITB clause no.

Date & Time: 11:00 Hrs, 24.05.2023

Venue : To be held through virtual/online/video

Microsoft Teams meeting

Meeting ID: 498 160 921 601

Download Teams | Join on the web

Learn More | Meeting options

Name : Sanjay Singh

i) EMD/Bid Security (if applicable)/Declaration for Bid Security

This is not an Order.

For & on behalf of

Bid Document No. :

GeM bid no.

Bid Due Date& Time :

(To be pasted on the envelope containing EMD/Bid Security (if applicable)/Declaration

i) Bidder should be OEM or Authorized Business Partner/ System Integrator of OEM

ii) Net worth

iii) Working capital:

Net Worth/Working Capital: Immediate preceding financial year mentioned in aforesaid

(b) BEC (Financial Criteria):

(i) For Annual Turnover:

(ii) For Net-Worth & Working Capital:

Experience of bidder acquired as a subcontractor can be accepted against submission of

SI. No. Industry Sectors

BEC Clause no. Description Documents required for qualification

In case bidder is Authorized Business

(A) ii) Experience (a) Detailed work/service order along with

(b) Completion certificate issued by end

In case the work/service of submitted

(B) Documents Required-Financial Criteria

F-10] as provided in the Tender Document

i) Annual Bidder(s) shall submit copy of Audited

G) AUTHENTICATION OF DOCUMENTS TO BE SUBMITTED IN SUPPORT OF

a. Technical Criteria of BEC:

b. Financial criteria of BEC:

Practicing Chartered Accountant shall generate Unique Document Identification number

H) Eligibility criteria in case bid is submitted on the basis of technical experience of

of the bidding company or vice versa.

J) PROCUREMENT FROM A BIDDER WHICH SHARES A LAND BORDER WITH INDIA

1. OM no. 7/10/2021-PPD(1) dated 23.02.2023, Department of Expenditure, Ministry of Finance,

a. An entity incorporated, established or registered in such a country; or

5. "Beneficial owner" for the purpose of above (4) will be as under:

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

8. "Specified Transfer of Technology" means a transfer of technology in the sectors and/ or