GAIL (India) Limited MECON LIMITED

GAIL (India) LimitedTENDER DOCUMENTFORLAYING & CONSTRUCTION OF 6” DIA. STEELPIPELINE, TERMINALS AND ASSOCIATEDFACILITIES FOR SUPPLYING NATURAL GAS TOM/S CAUVERY POWER PLANT IN CAUVERY BASIN(TAMILNADU)Vol-I of IITENDER NO.: 05/51/23F1/GAIL/001MECON LIMITEDSCOPE MINAR15 th Floor, North TowerLaxmi Nagar District CentreDELHI – 110 092December, 2005

MASTER TABLE OF CONTENTName of Project : LAYING & CONSTRUCTION OF 6” DIA. PIPELINE,TERMINALS AND ASSOCIATED FACILITIES FORSUPPLY OF NATURAL GAS TO M/s CAUVERYPOWER PLANT IN CAUVERY BASINTender Document No. : 05/51/23F1/GAIL/001Sl.No.Description1) Volume-I of II : IFB, ITB, GCC, SCC, Particular Job Specification & SOR2) Volume-II of II : a) Technical Specification & Standards(Mainline & Terminal Mechanical Works, Civil &Structural, Electrical and Instrumentation works)b) Tender Drawings\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

TABLE OF CONTENTFORVOLUME-I OF IIName of Project : LAYING & CONSTRUCTION OF 6” DIA. PIPELINE,TERMINALS AND ASSOCIATED FACILITIES FORSUPPLY OF NATURAL GAS TO M/s CAUVERYPOWER PLANT IN CAUVERY BASINTender Document No. : 05/51/23F1/GAIL/001Sl.No.DescriptionPART-A 1) Invitation for Bid (IFB)2) Acknowledgement-cum-consent Letter3) Submission of BidPART-B 1) Instruction to Bidder (ITB)2) Annexures to ITB• Annexure-I : Bid Evaluation Criteria• Annexure-II : List of Formats• Annexure-III : Commercial Questionnaire• Annexure-IV : Check ListPART-C 1) General Conditions of Contract (GCC)2) Annexure to GCC• Annexure-I : Proforma of Indemnity Bond for supply ofMaterials by Employer• Annexure-II : Proforma for Contract AgreementPART-D 1) Special Conditions of Contract (SCC) - Technical2) Annexures to SCC (Technical)• Annexure-1 : Scope of Work• Annexure-2 : Scope of Supply• Annexure-3 : Time Schedule• Annexure-4 : Measurement Work• Annexure-5 : Terms of Payment• Annexure-6 : Specification for Quality Assurance Systemrequirements from Bidders• Annexure-7 : Specification for Health, Safety and Environment(HSE) management• Annexure-8 : Conditions for issue & reconciliation of material• Annexure-9 : Minimum no. of major equipment• Annexure-10 : Minimum no. of skilled labour to be deployed• Annexure-11 : Schedule of Labour Rate• Annexure-12 : Schedule of Equipment Rate• Annexure-13 : Advance Security format\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

TABLE OF CONTENTFORVOLUME-I OF IIName of Project : LAYING & CONSTRUCTION OF 6” DIA. PIPELINE,TERMINALS AND ASSOCIATED FACILITIES FORSUPPLY OF NATURAL GAS TO M/s CAUVERYPOWER PLANT IN CAUVERY BASINTender Document No. : 05/51/23F1/GAIL/001Sl.No.Description3) Particular Job Specification• Appendix – I to Particular Job Specifications4) Annexures to Particular Job Specification• Annexure-I : Technical Input for Civil & Structural Works• Annexure-II : Technical Input for Electrical Works• Annexure-III : Technical Input for Instrumentation WorksPART-E 1) Special Conditions of Contract (SCC) - Commercial2) Annexures to SCC (Commercial) – if anyPART-FSchedule of Rate (SOR)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.docPART - A

1.0 INVITATION FOR BIDS (IFB)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

SECTION – IINVITATION FOR BIDS (IFB)BID DOCUMENT NO.: 05.51.23F1.GAIL.001 Date : 01.03.2006To,Dear Sir,M/s MECON LIMITED, who has been retained by GAIL (India) Ltd., (A Govt. of IndiaUndertaking) as a consultant for “the Project of Supply of Natural Gas to M/s CauveryPower Plant”, invites sealed bids for the item(s) in complete accordance with the BidDocuments / Attachments on behalf of GAIL (India) Ltd.The salient terms and conditions of the bid are stated below:I. PROJECT :Supply of Natural Gas to M/s CauveryPower PlantII. TYPE OF BID : DOMESTIC LIMITED BIDDINGIII. ITEM(S) : LAYING & CONSTRUCTION OF 6” DIA.PIPELINE, TERMINALS AND ASSOCIATEDFACILITIES FOR SUPPLY OF NATURAL GASTO M/s CAUVERY POWER PLANT INCAUVERY BASINIV. COMPLETION PERIOD : 7(seven) weeks from the date of Fax of Intent.The above time schedule is inclusive of mobilizationperiod.V-A. EARNEST MONEY/ : Rs. 68,000/- (Rupees sixty eight thousand only)BID SECURITYThe EMD shall be in the form of Bank Guarantee orinform of Demand Draft in favour of GAIL (India)Limited & payable at Delhi\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.docINVITATION FOR BIDS (IFB)Page 1 of 4

V-B. Bid Security Validity : 6(six) months from bid due dateVI. BID SALE DATE : Not ApplicableVII. DATE & PLACE OF PRE-BID : N.A.CONFERENCEVIIIA. BID DUE DATE : 16.03.2006 at 15.00 hrs.VIIIB. BID VALIDITY : 4(four) months from bid due dateIX. TECHNO-COMMERCIAL BID : 16.03.2006 at 16.00 Hrs. (in presence ofOPENING DUE DATE & TIME representative of bidders).X. VENUE : Address & Contact Nos. given below.XI. TENDER FEE (non : Not ApplicableRefundable)[Applicable only in case ofOpen Competitive Bidding]XII. EVALUATION/ COMPARISON : Annexure – I to ITBOF BIDXIII. BID EVALUATION : Refer Clause 3 – Instruction to Bidders (ITB)CRITERIA (BEC)Part – B of this bid document.IX. ADDRESS FOR : A.K. Sharma, DGM I/c ( Contracts)CORRESPONDENCEMECON LIMITED15 th Floor, Scope Minar North TowerLaxmi Nagar Distt. CentreDelhi – 110 092Ph. No. 91-11-2204 1468Fax No. 91-11-22041214XI. EVALUATION /COMPARISON : Refer Annexure – I to ITBOF BIDSXII.OTHERS:1.0 [Applicable only in case of Open Competitive Bidding]Bid Document can be purchased from [Name & Address details] on any working day from 1000hours to 1700 hours against a written request and payment of requisite tender fee as specified inClause XI of IFB by crossed bank draft from a first class International Bank or an Indian ScheduledBank, in favour of 'GAIL (India) Limited, payable at Delhi No extension in the bid due date shall beconsidered on account of delay in receipt of bid document by mail.In case the bidder wishes to download the Bidding Document from GAIL's/MECON web-site, thenthe requisite amount of Tender Fee in the form of Demand Draft, in favour of GAIL (India) Limited,\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.docINVITATION FOR BIDS (IFB)Page 2 of 4

shall be payable by the bidder at the time of submission of the bid, alongwith an undertaking thatthe contents of the Bidding Document have not been altered or modified.2.0 [Applicable only in case of Open Competitive Bidding]Accredited representatives of foreign bidders in India are also permitted to purchase the biddocument on behalf of foreign bidder on payment of requisite document fee in Indian Rupees. Thebid of foreign bidder shall be evaluated only if the bid is accompanied by the prescribed biddocument fee in the form of demand draft in US Dollars after which the fee deposited by Indianrepresentative shall be refunded. Bid submitted by bidders, who have not purchased the biddocument either directly or through their authorised representative will be rejected.3.0 [Applicable only in case of Open Competitive Bidding]The Governments Departments are exempted from payment of tender fee. In the event a particulartender is cancelled, the tender fee will be refunded to the concerned Bidders.4.0 Bid Document is non-transferable.4.1 [Applicable only in case of Open Competitive Bidding]Bidder must buy the bid document in his own name and submit the bid directly.Bids received from bidders in whose name bid document has been purchased shall only beconsidered.5.0 Bids complete in all respects should reach on or before the BID DUE DATE AND TIME. Bids throughFax/ E-mail shall not be considered.Bidder may depute their representative with proper authorisation letter to attend of technocommercialopening of bids.6.0 The Bid Document calls for offers on single point "Sole Bidder" responsibility basis.Order will be placed on the "Sole Bidder" alone (in whose name the bid document has been issued)who will be responsible for all contractual purposes.Further the bidders are advised to ensure that their offer is on single bidder responsibility basis andin total compliance of scope of supply as specified in Bid Document.7.0 The bid should be prepared by the "Sole Bidder" and should be sent to MECON directly. MECON /GAIL reserve the right to reject offers made by intermediaries representatives.8.0 Bidder shall ensure that Bid Security having a validity of 2 months beyond the offer validity i.e.validity of 6(six) months from the bid due date, must accompany the offer in the format madeavailable in the Bid Document. Any offer, unaccompanied with Bid Security (Part-III) will not beopened except in the case of Domestic Competitive Bidding where in the company is registered withNSIC (Refer ITB Cl. 17.9).9.0 This Invitation for Bids (IFB) is an integral and inseparable part of the enclosed Bid Document.10.0 MECON / GAIL reserves the right to accept or reject any or all offers without assigning any reason,whatsoever.11.0 MECON / GAIL reserves the right to allow Purchase preference to Public Sector Undertakings asadmissible under the prevailing policy.12.0 [Applicable in case of Open Competitive Bidding]Copy of Bidding Document for reference is available at MECON, at the address given hereinabove.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.docINVITATION FOR BIDS (IFB)Page 3 of 4

The complete Bidding Document is also available on the web site of MECON Limited(www.meconlimited.com).13.0 SEALING & MARKING OF BIDSBids should be submitted in complete accordance with the bid documents / attachments separatelyin three parts in sealed envelopes super-scribed with the Bid Document Number, due date, item andnature of bid (un-priced, priced), as follows :Part- I : UNPRICED BIDPart- II : PRICED BIDPart- III : BID SECURITYThe three envelopes, containing Part-I, Part-II and Part-III of offer, shall be duly sealed andrespective cut-out slip enclosed with this letter as Appendix-A shall be pasted on each envelop.Name & address of the bidder shall be mentioned on each cut-out slip. These three sealedenvelopes shall be further kept in a larger envelope & which shall also be duly sealed. Cut-out slipmeant for complete offer shall be pasted on it with name and complete address & contact numberof the bidder.14.0 ZERO DEVIATION TENDERBIDDER IS ADVISED TO QUOTE STRICTLY AS PER TERMS AND CONDITIONS OF TENDERDOCUMENT AND NOT TO STIPULATE ANY DEVIATION/ EXCEPTIONS. OFFERREQUESTING DEVIATIONS SHALL NOT BE CONSIDERED FOR FURTHER EVALUATIONAND SHALL BE SUMMARILY REJECTED.THIS IS NOT AN ORDERYours faithfully,for and on behalf of GAIL (India) Limitedfor MECON LIMITED(A.K. Sharma)DGM I/c (Contracts)Encl. 1. Vol.-I of II, Vol.-II of II, of the Bid Document.2. Appendix – A - 4(four) nos. of Cut-Out slips to be pasted on different sealed envelops ofthe offer.Note:Please acknowledge the receipt of the bid document and confirm your intention to quote by return e-mail.In case not intending to quote then please give reasons.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.docINVITATION FOR BIDS (IFB)Page 4 of 4

1.0 BRIEF PROJECT DETAILSBIDDER’S ELIGIBILITY CRITERIAM/s GAIL (India) Ltd. intend to execute 6” dia Pipeline from Tap-off Point at TNEBMaruttur to Receiving Terminal at M/s Cauvery Power project to augment supply ofNatural Gas to M/s Cauvery Power consumers in Cauvery Basin (T.N.).2.0 SCOPE OF WORKLaying of 6” dia. 300m long steel pipe & construction of associated terminal works,alongwith testing & commissioning, to augment supply of Natural Gas to consumerM/s Cauvery Power in Cauvery Basin (T.N.).3.0 BIDDERS ELIGIBILITY CRITERIA3.1 Technical3.1.1 The Bidder should have executed under a single contract in the last 5 years, reckonedfrom date of submission of bid, at least one pipeline project involving constructionmanagement, installation and testing of buried cross-country hydrocarbon pipeline ofdiameter of minimum 4” NB, ANSI Rating of 150# or above and length of 300mminimum as a main contractor.3.2 Financial3.2.1 The minimum annual turnover achieved by the bidder as per their audited financialresults during any one of the last three financial years i.e. 2001-02, 2002-03, 2003-04shall be Rs. 17.00 lakhs.3.2.2 Bidder’s net worth as per last audited financial statement i.e. for the financial year2003-04 shall be positive.3.2.3 Bidder’s Return on Equity shall be positive as per the last audited financial statementi.e. for the financial year 2003-2004.3.2.4 The bidder shall have minimum working capital of Rs. 3.40 lakhs.The working capital shall be as per the last financial year i.e. 2003-2004. If thebidder’s working capital is inadequate, the bidder shall supplement this with a letterfrom his bank, having a net worth not less than Rs. 100 crores confirming theavailability of line of credit to meet the shortfall in specified working capitalrequirement.3.3 Bidder shall not be affiliated with a firm or entity, (i) that has provided consultingservices related to Works to Employer during preparatory stages of Works or of theProject of which the Works form a part, or (ii) that has been hired (or is proposed tobe hired) by Employer as Engineer/ Consultant for the contract.3.4 The bidder shall not be under a declaration of ineligibility by Employer for corrupt orfraudulent practices as defined in ITB.3.5 The bidder is not put on holiday by GAIL or black listed by any GovernmentDepartment / Public Sector.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

3.6 Bidder shall meet the technical, as well as, commercial qualification criteria as statedabove. Bidder shall furnish necessary documentary evidence such as LOA Copy/Audited Financial Statement alongwith the bid, to justify meeting the stipulatedqualification criteria. In absence of requisite documents, GAIL reserve the right toreject the bid without making any reference to the bidder.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

APPENDIX - ACUT-OUT SLIPS (4 NOS. )\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

CUT-OUT SLIP - 1(OUTER ENVELOPE)DO NOT OPEN-THIS IS A QUOTATIONCLIENT : GAIL (INDIA) LIMITEDPROJECT : Supply of Natural Gas to M/s Cauvery Power PlantBID DOCUMENT NO :05.51.23F1.GAIL.001ITEM : LAYING & CONSTRUCTION OF 6” DIA. PIPELINE,TERMINALS AND ASSOCIATED FACILITIES FOR SUPPLYOF NATURAL GAS TO M/s CAUVERY POWER PLANT INCAUVERY BASINDUE DATE & TIME : 16.03.2006 at 15:00 Hrs.TO,FROMNAME:A. K. Sharma, DGM I/c (Contracts)MECON LIMITED15TH FLOOR, NORTH TOWER,SCOPE MINAR,LAXMI NAGAR,DELHI – 110092ADDRESS(To be pasted on the outer envelope containing “Priced”, “Unpriced” bids along with Bidsecurity/ EMD)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

CUT-OUT SLIP – 2PART – I(UNPRICED BID)DO NOT OPEN-THIS IS A QUOTATIONCLIENT : GAIL (INDIA) LIMITEDPROJECT : Supply of Natural Gas to M/s Cauvery Power PlantBID DOCUMENT NO :05.51.23F1.GAIL.001ITEM : LAYING & CONSTRUCTION OF 6” DIA. PIPELINE,TERMINALS AND ASSOCIATED FACILITIES FOR SUPPLYOF NATURAL GAS TO M/s CAUVERY POWER PLANT INCAUVERY BASINDUE DATE & TIME : 16.03.2006 at 15:00 Hrs.TO,A. K. Sharma, DGM I/c (Contracts)MECON LIMITED15TH FLOOR, NORTH TOWER,SCOPE MINAR,LAXMI NAGAR,DELHI – 110092FROMNAME:ADDRESS(To be pasted on the envelope containing “Unpriced” bid)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

CUT-OUT SLIP - 3PART – II(PRICED BID)DO NOT OPEN-THIS IS A QUOTATIONCLIENT : GAIL (INDIA) LIMITEDPROJECT : Supply of Natural Gas to M/s Cauvery Power PlantBID DOCUMENT NO :05.51.23F1.GAIL.001ITEM : LAYING & CONSTRUCTION OF 6” DIA. PIPELINE,TERMINALS AND ASSOCIATED FACILITIES FOR SUPPLYOF NATURAL GAS TO M/s CAUVERY POWER PLANT INCAUVERY BASINDUE DATE & TIME : 16.03.2006 at 15:00 Hrs.TO,A. K. Sharma, DGM I/c (Contracts)MECON LIMITED15TH FLOOR, NORTH TOWER,SCOPE MINAR,LAXMI NAGAR,DELHI – 110092FROMNAME:ADDRESS(To be pasted on the envelope containing “Priced” bid)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

CUT-OUT SLIP – 4PART – III(BID SECURITY)DO NOT OPEN-THIS IS A QUOTATIONCLIENT : GAIL (INDIA) LIMITEDPROJECT : Supply of Natural Gas to M/s Cauvery Power PlantBID DOCUMENT NO :05.51.23F1.GAIL.001ITEM : LAYING & CONSTRUCTION OF 6” DIA. PIPELINE,TERMINALS AND ASSOCIATED FACILITIES FOR SUPPLYOF NATURAL GAS TO M/s CAUVERY POWER PLANT INCAUVERY BASINDUE DATE & TIME : 16.03.2006 at 15:00 Hrs.TO,A. K. Sharma, DGM I/c (Contracts)MECON LIMITED15TH FLOOR, NORTH TOWER,SCOPE MINAR,LAXMI NAGAR,DELHI – 110092FROMNAME:ADDRESS(To be pasted on the envelope containing “Bid Security”)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

2.0 ACKNOWLEDGEMENT CUM CONSENTLETTER\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

ACKNOWLEDGEMENT CUM CONSENT LETTERTo,M/s MECON LIMITED © ,15 th Floor, North Tower, Scope Minar,Laxmi Nagar District Centre,Delhi – 110 092.Ph.No.: 91-11-22041201, 22041315, 22041468, 22041872Fax No.: 91-11-22041214, 22421310E-mail : mecondly@bol.net.inKind Attn: Shri …………………………………, DGM I/C (Contracts)Sub:Dear Sir,We hereby acknowledge receipt of complete set of Bid Document alongwith enclosures for thesubject works. We understand that documents received remain property of M/s GAIL (India)Limited and further undertake that the contents of the above bid documents shall be keptconfidential and shall not be transferred. We indicate below our intentions with respect to theInvitation for Bid.a) We intend to bid as requested and furnish following details with respect to our quotingoffice :-I) POSTAL ADDRESS : _________________________________________________________________________________________________________________________________II) TELEPHONE NO. : ___________________________________________III) TELEFAX NO. : ___________________________________________IV) E-MAIL : ___________________________________________V) CONTACT PERSON : ___________________________________________\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

) Contact Person at Delhi, if any :-I) POSTAL ADDRESS : _________________________________________________________________________________________________________________________________II) TELEPHONE NO. : ___________________________________________III) TELEFAX NO. : ___________________________________________IV) E-MAIL : ___________________________________________V) CONTACT PERSON : ___________________________________________c) We are hereby returning the bid document as we are unable to bid for the reasons givenbelow.Reasons for non-submission of Bid :___________________________________________________________________________________________________________________________________________________________________________________________________________________________COMPANY’S NAME : ___________________________________________SIGNATURE : ___________________________________________NAME : ___________________________________________DESIGNATION : ___________________________________________DATE : ___________________________________________Note: Bidder is requested to furnish the details mentioned at (a), (b) & (c) above asapplicable, immediately after receipt of Bid Document._____________________(SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc3.0 SUBMISSION OF BID

SUBMISSION OF BIDFrom:M/sTo:MECON LIMITEDScope Minar15 th Floor, North TowerLaxmi Nagar, District Centre,Delhi – 110 0921. I/We hereby tender for execution of the WORKS of as perTENDER DOCUMENT within the Time Schedule of completion of work for jobs, asseparately signed and accepted by me/us, at the Schedule of Rates quoted by me/us forthe whole work in accordance with Notice/Letter Inviting Tender, General Conditions ofContract, Special Conditions of Contract, Schedule of Rates of Completion of Job, andother documents and papers, all as detailed in the Tender documents.2. It has been explained to me/us that the time stipulated for jobs and completion of WORKSin all respects and in different stages mentioned in the "Time Schedule" of completion ofjobs and signed and accepted by me/us in the essence of the CONTRACT. I/We agree thatin the case of failure on my/our part to strictly observe the Time of Completion mentionedfor jobs or any of them and to the Final Completion of WORK in all respects according tothe schedule set out in the said "Time Schedule" of completion of jobs. I/We shall paycompensation to the OWNER as per provisions and stipulations contained in GeneralConditions of Contract and I/We agree to recovery being made as specified therein. Inexceptional circumstances, extension of time which shall always be in writing may,however, be granted by the Engineer-in-Charge at his entire discretion for some items ofwork, and I/We agree that such extension of time will not be counted for the extension ofcompletion dates stipulated for job and for the Final Completion of WORK as stipulated inthe said "Time Schedule" of completion of jobs.3. I/We agree to pay the Earnest Money and Security Deposit and accept the terms andconditions laid down in the memorandum below in this respect.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

MEMORANDUM(a) General Description of Work __________________________________________________________________________________________________________________(b) Earnest Money Rs.____________________________________(Rupees)_____________________________________________________________________The Earnest Money is payable in the manner set outin para 5 below.The Earnest Money, if the tender is accepted, will beadjusted against the Security Deposit, when EarnestMoney is paid by demand draft only.(c) Security Deposit 10% of the CONTRACT amount which will be paid inthe manner set out in the General Conditions ofContract.4. Should this tender be accepted, I/We hereby agree to abide by and fulfill all terms andconditions referred to above and in default thereof, to forefeit and pay to the OWNER orits successors or its authorised nominees such sums of money as are stipulated inconditions contained in General Tender Notice and other Tender Documents.5. I/We hereby pay the Earnest Money of Rs.____________________________________(Rupees _______________________________________________________________) inBank Demand Draft/Bank Guarantee No.,___________________________ issued by_____________________________ (name and office of the State Bank of India or anyNationalised Bank) in favour of GAIL (India) Limited, New Delhi.6. If I/We fail to commence the work specified in the Memorandum in Para (3) above, orI/We to deposit the amount of Security Deposit specified in the Memorandum in (3)above, I/We agree that the said OWNER or its successors without prejudice to any otherright or remedy be at liberty to forefeit the said Earnest Money in full, otherwise the saidEarnest Money shall be retained by OWNER towards the Security Deposit specified in (3)above. The said OWNER shall also be at liberty to cancel the Notice of Acceptance ofTender if I/We fail to deposit the Security Deposit as aforesaid or to execute an Agreementor to start WORK as stipulated in the Tender Documents.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

I/We enclose herewith evidence of my/our experiment of execution of works of similarnature and magnitude carried out by me/us in the prescribed proforma and also theIncome- Tax Clearance Certificates.dated the ________day of _______2006Witness:Name in Block Letters:Address:Yours faithfully,Signature of Tenderer(s) with theseal of the Firm.Name and Designation of authorised person signingthe tender on behalf of the Tenderer(s).\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.docPART – B

1.0 INSTRUCTION TO BIDDERS (ITB)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

INSTRUCTIONS TO BIDDERSNotes on the Instructions to BiddersIt provides the information necessary for bidders to prepare responsive bids in accordance withthe requirements of the Employer. It also gives information on bid submission, opening andevaluation and on the award of Contract.It includes provisions that are to be used unchanged.[Matters governing the performance of the Contractor under the Contract, payments under theContract or matters affecting the risks, rights or obligations of the parties under the Contractare not included in this part but rather in General Conditions of Contract and Special Conditionsof Contract.]\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

TABLE OF CONTENTSA. General1. Scope of Bid2. Eligible Bidders3. Bid Evaluation Criteria4. Bids from Consortium/ Joint Venture5. One Bid per Bidder6. Cost of Bidding7. Site VisitB. Bidding Documents8. Content of Bidding Documents9. Clarification of Bidding Documents10. Amendment of Bidding DocumentsC. Preparation of Bids11. Language of Bid12. Documents Comprising the Bid13. Bid Prices14. Bid Currencies15. Bid Validity16. Bid Security17. Pre-Bid Meeting18. Format and Signing of Bid19. Zero Deviation20. E-Payment21. Agent/ Consultant/ Representative/ Retainer/ AssociateD. Submission of Bids22. Sealing and Marking of Bids23. Deadline for Submission of Bids24. Late Bids25. Modification and Withdrawal of BidsE. Bid Opening and Evaluation26. Bid Opening27. Process to be Confidential28. Contacting the Employer29. Examination of bids and Determination of Responsiveness30. Correction of Errors31. Conversion to Single Currency for Comparison of Bids32. Evaluation and Comparison of Bids33. Preference for Domestic bidders34. Purchase Preference\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F. Award of Contract36. Award37. Employer’s Right to Accept any bid and to Reject any or all Bids38. Notification of Award39. Signing of Agreement40. Contract Performance Security41. Corrupt or Fraudulent Practices\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

INSTRUCTIONS TO BIDDERSA. GENERAL1. Scope of Bid1.1 The Employer, as defined in the General Conditions of Contract, hereinafter “theEmployer”, wishes to receive bids for the Work as described in Part-D : SpecialConditions of Contract, hereinafter referred to as “the Works,” [Insert brief summary ofthe works]1.2 The successful bidder will be expected to complete the Works within the period stated inSpecial Conditions of Contract.1.3 Throughout these bidding documents, the terms “bid” and “tender” and their derivatives(“bidder/ tenderer”, “bid tendered”, “bidding/ tendering”, etc.) are synonymous, and daymeans calendar day. Singular also means plural.2. Eligible Bidders2.1 Bidders shall, as part of their bid, submit duly executed power of attorney authorizingthe signatory of the bid to bind the bidder.2.2 This invitation for bid is open to any bidder including members of a Consortium or JointVenture [in case of open tenders] and to pre-qualified bidders [in case of limitedtender].2.3 A bidder shall not be affiliated with a firm or entity(i)(ii)that has provided consulting services related-to the Works to the Employerduring the preparatory stages of the Works or of the Project of which the Worksform a part, orthat has been hired (or is proposed to be hired) by the Employer as Engineer/Consultant for the contract.2.4 The bidder shall not be under a declaration of ineligibility by Employer for corrupt orfraudulent practices as defined in ITB.2.5 The bidder or any member of the Consortium/Joint Venture is not put on holiday byGAIL or black listed by any Government Department Public Sector.3.0 Bid Evaluation Criteria3.1 Technical3.1.1 Bidder should have executed in last 5(Five) years to be reckoned from the due date ofsubmission of bid, at least one pipeline project involving construction management,installation and testing of buried cross-country hydrocarbon pipeline of diameter of\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

minimum 8” NB, ANSI rating of 300# or above and length of 15 KM in one stretch as amain contractor.3.2 Financial Criteria3.2.1 The minimum annual turnover achieved by the bidder as per their audited financialresults for any one of the last three financial years shall be at least Rs 17 lakhs. Bidderis required to submit audited financial results for financial years 2001-2002, 2002-2003,and 2003-2004.3.2.2 Bidder’s Net Worth and return on equity as per last audited financial statement i.e. forthe financial year 2003-04, shall be positive.3.2.3 The bidder should have minimum working capital of Rs. 3.4 Lacs as per last financialyear i.e. 2003-04.If the bidder’s working capital is inadequate, the bidder should supplement this with aletter from his bank, having a net worth not less than Rs.100 Crores, confirmingavailability of line of credit to meet the shortfall in specified working capital requirement4. Bids from Joint Venture/ Consortium[Applicable in case of International Competitive Bidding]4.1 Bids are also acceptable from Joint Venture / Consortium if specifically permitted in aTender Document considering the requirement of the work subject to following :-(a)(b)(c)(d)(e)(f)the partner in- charge/ the leader of the Joint Venture/ Consortium respectivelyshould satisfy the requirement as per Bid Evaluation Criteria mentioned at ClauseNo. 3 above;the partner in charge /the leader of the Joint Venture/ Consortium respectivelyshould confirm unconditional acceptance of full responsibility of executing the‘Scope of work’ of this tender. This confirmation should be submitted along withthe techno-commercial bid;the bid security, the bid, and in case of a successful bid, the Agreement, shall besigned so as to be legally binding on all partners of Joint Venture/ members ofConsortium;one of the partners / members shall be nominated as being in charge / leader ofthe Joint, Venture/ Consortium respectively and this authorization shall beevidenced by submitting a power of attorney signed by legally authorizedsignatories of all the partners/members;the partner in charge / leader shall be authorized to incur liabilities and receiveinstructions for and on behalf of any and all partners of the Joint Venture/members of the Consortium and the entire execution of the Contract, includingpayment, shall be done exclusively with the partner in charge/ leader ofConsortium;all partners of the Joint Venture/ members of Consortium shall be liable jointlyand severally for the execution of the Contract in accordance with the contractterms, and a statement to this effect shall be included in the authorizationmentioned under (d) above, as well as in the bid and in the Agreement (in caseof a successful bid); and\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

(g)a copy of the Joint Venture / Consortium Agreement entered into by all partners/members shall be submitted with the bid. Alternatively, a Letter of Intent toexecute a Joint Venture / Consortium Agreement in the event of a successful bidshall be signed by all partners/members and submitted with the bid, togetherwith a copy of the proposed agreement.5. One Bid per Bidder5.1 A firm shall submit only one bid in the same bidding process, either individually as abidder or as a partner in a joint venture or as a member of consortium. No firm can bea subcontractor while submitting a bid individually or as a partner of a joint venture oras a member of a consortium in the same bidding process. A firm, if acting in thecapacity of subcontractor in any bid, may participate in more than one bid, but only inthat capacity. A bidder who submits or participates in more than one bid will cause allthe proposals in which the bidder has participated to be disqualified.6. Cost of Bidding6.1 The bidder shall bear all costs associated with the preparation and submission of thebid, and GAIL will in no case, be responsible or liable for these costs, regardless of theconduct or outcome of the bidding process.7. Site Visit7.1 The bidder is advised to visit and examine the Site of Works and its surroundings andobtain for itself on its own responsibility all information that may be necessary forpreparing the bid and entering into a contract for construction of the Works. The costsof visiting the Site shall be at the bidder’s own expense.7.2 The bidder and any of its personnel or agents will be granted permission by theEmployer to enter upon its premises and lands for the purpose of such visit, but onlyupon the express condition that the bidder, its personnel, and agents will release andindemnify the Employer and its personnel and agents from and against all liability inrespect thereof, and will be responsible for death or personal injury, loss of or damageto property, and any other loss, damage, costs, and expenses incurred as a result of theinspection.7.3 The Employer may conduct a Site visit concurrently with the pre-bid meeting.B. BIDDING DOCUMENTS8. Content of Bidding Document8.1 The Bidding Documents/ Tender Documents are those stated below and should be readin conjunction with any addenda issued in accordance with ITB Clause 10.PART-A 1) Invitation for Bid (IFB)2) Acknowledgement-cum-consent Letter3) Submission of BidPART-B 1) Instruction to Bidder (ITB)2) Annexures to ITB\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

• Annexure-I : Bid Evaluation Criteria• Annexure-II : List of Formats• Annexure-III : Commercial Questionnaire• Annexure-IV : Check ListPART-C 1) General Conditions of Contract (GCC)2) Annexure to GCC• Annexure-I : Proforma of Indemnity Bond for supply ofMaterials by Employer• Annexure-II : Proforma for Contract AgreementPART-D 1) Special Conditions of Contract (SCC) - Technical2) Annexures to SCC (Technical)• Annexure-1 : Scope of Work• Annexure-2 : Scope of Supply• Annexure-3 : Time Schedule• Annexure-4 : Measurement Work• Annexure-5 : Terms of Payment• Annexure-6 : Specification for Quality Assurance Systemrequirements from Bidders• Annexure-7 : Specification for Health, Safety and Environment(HSE) management• Annexure-8 : Conditions for issue & reconciliation of material• Annexure-9 : Minimum no. of major equipment• Annexure-10 : Minimum no. of skilled labour to be deployed• Annexure-11 : Schedule of Labour Rate• Annexure-12 : Schedule of Equipment Rate• Annexure-13 : Advance security format3) Particular Job Specification• Appendix – I to Particular Job Specifications4) Annexures to Particular Job Specification• Annexure-I : Technical Input for Civil & Structural Works• Annexure-II : Technical Input for Electrical Works• Annexure-III : Technical Input for Instrumentation WorksPART-E 1) Special Conditions of Contract (SCC) - Commercial2) Annexures to SCC (Commercial) – if anyPART-FSchedule of Rate (SOR)8.2 The bidder is expected to examine all instructions, forms, terms and specifications in thebidding documents. The Invitation for Bids (IFB) together with all its attachmentsthereto, shall be considered to be read, understood and accepted by the bidders. Failureto furnish all information required by the bidding documents or submission of a bid notsubstantially responsive to the bidding documents in every respect will be at bidder’srisk and may result in the rejection of his bid.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

9. Clarification of Bidding Documents9.1 A prospective bidder requiring any clarification(s) of the Bidding Documents may notifyMECON in writing or by fax or e-mail at MECON’s mailing address indicated in theInvitation for Bids not later than 3 days prior to the deadline. MECON may, if deemappropriate, respond in writing to the request for clarification. Written copies ofMECON’s response (including an explanation of the query but without identifying thesource of the query) will be sent to all prospective bidders who have received thebidding documents. Any Clarification or information required-by the bidder but same notreceived by the Employer, three days prior to the bid due date, the same is liable to beconsidered as no clarification/information required.[In case there is provision of pre-bid conference, all questions/ queries should bereferred to MECON on or before scheduled date of pre-bid conference. The question/queries received by MECON prior to pre-bid conference will be addressed in the pre-bidconference & no separate communication will be sent to bidders]10. Amendment of Bidding Documents10.1 At any time prior to the bid due date, GAIL/ MECON may, for any reason, whether at itsown initiative or in response to a clarification requested by a prospective bidder, modifythe bidding documents.10.2 The amendment will be notified in writing or by fax or e-mail to all prospective bidders,at the address, fax numbers, e-mail id provided by the bidder, who have received theBidding Documents and will be binding on them.10.3 In order to afford prospective bidders, reasonable time in which to take the amendmentinto account in preparing their bids, GAIL/ MECON may, at its discretion, extend the biddue date.C. PREPARATION OF BIDS11. Language of Bid11.1 The bid prepared by the bidder and all-correspondence/drawings and documentsrelating to the bid exchanged by bidder and GAIL/ MECON shall be written in Englishlanguage. Any printed literature furnished by the bidder may be written in anotherlanguage so long as accompanied by an ENGLISH translation duly authenticated by thechamber of commerce of Bidders country, in which case, for the purpose ofinterpretation of the bid, the ENGLISH translation shall govern. Metric measurementsystem shall be applied.12. Documents Comprising the Bid12.1 The bid prepared by the bidder shall comprise the following components:12.2 Envelope -1: Super scribing Techno-Commercial Un-priced Bids (PART-A)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

Part-A: Techno-commercial un-priced Bid (to be furnished in one original and four copies) andshall contain the following:i) Covering Letter as per format “Submission of Tender” / “Submission of Bid”enclosed with Part-A of Vol-I of II.ii)iii)iv)Bidder’s general/ details information as per format F-1.Power of Attorney in favour of person(s) signing the bid that such person (s)is/are authorized to sign the bid on behalf of the bidder and any consequenceresulting due to such signing shall be binding on the bidder.Specific experience, annual turnover and equipment deployment details as calledfor in qualifying requirements. All supporting documents submitted by foreignbidder, as evidence of meeting experience criteria, shall be certified true copiesduly signed, dated and stamped by an official authorized for this purpose inIndian Embassy / High Commission in Bidder’s Country.[Applicable only in case of Open Competitive bidding].v) A Bid Form as per format F-2.vi)vii)viii)ix)Copies of documents as required in list of enclosure.A confirmation that prices in requisite formats, strictly complying with therequirement, with prices blanked out, are in envelope number II “Price Bid”.Documents establishing the eligibility and conformity to the Bid Documents of allGoods and services, which the bidder proposes to supply under the award. Suchdocument may be, literature, drawing or data and shall also include (a) thedetailed description of the Good’s essential technical and performancecharacteristics; (b) a clause by clause commentary on Employer’s technicalspecification and demonstrating supplies substantial responsiveness to thespecifications.Copy of Bid security in accordance with Clause III of IFB & Clause 16 of ITB tobe furnished either in the form of Cashier’s / Banker’s cheque / Bank Draftpayable to GAIL at New Delhi/ Bank Guarantee as per format F-4 / Letter ofCredit as per format F-4A.x) Letter of authority in favour of any one or two of bidder’s executives havingauthority to attend the un-priced and price bid opening on specified dates andvenue as per format F-5. [Applicable only in case of open domestic bidding orlimited tendering where value of work is more than Rs. 2 Cr.]xi)xii)xiii)Confirmation of no deviation as per Format F-6.Present commitments strictly as per form F-9.Indian Bidders are required to submit Employees Provident Fund registrationcertificate.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

xiv)xv)Bidder’s declaration that they are not under liquidation, court receivership orsimilar proceedings.Any other information/details required as per bid document.Note: All pages of the bid to be signed and sealed by authorized person of the bidder.12.3 Envelope-II : Super scribing “Price Bid- Not to Open with Techno-Commercial Un-pricedBid” - PART-BPart-B Price Bidi) Part-B shall contain one original and four copies of Schedule of Rates duly filledin, in separate sealed envelopes duly signed and stamped on each page superscribing on the sealed envelope “Price — Do Not Open”. In case of anycorrection, the bidders shall put his signature and his stamp.ii) Any rate quoted for compensation of extended stay charge shall also be signed &stamped and kept in price bid.12.4 Envelope-III : Super scribing “Bid Security” - PART-CPart-C shall contain original Bid security in separate sealed envelope.13. Bid Prices13.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the wholeworks as described in Bidding Document, based on the unit rates and prices submittedby the Bidder and accepted by the EMPLOYER.13.2 Prices must be filled in format for ‘Schedule of Rates’ enclosed as part of BiddingDocument. If quoted in separate typed sheets and any variation in item description, unitor quantity is noticed; the bid is liable to be rejected.13.3 Bidder shall quote for all the items of Schedule of Rates after careful analysis of costinvolved for the performance of the completed item considering all parts of the BiddingDocument. In case any activity though specifically not covered in description of itemunder ‘Schedule of Rates’ but is required to complete the works as per Scope of Work,Scope of supply, Specifications, Standards, Drawings, General Conditions of Contract,Special Condition of Contract or any other part of Bidding Document, the prices quotedshall deemed to be inclusive of cost incurred for such activity. Items against which norate or price is entered by the bidder will not be paid for by the Employer whenexecuted and shall be deemed covered by the rates for other items and prices in theSOR.13.4 All duties and taxes including applicable Custom duty, Works Contract tax and otherlevies payable by the Contractor under the Contract, or for any other cause, shall beincluded in the rates and prices and the total bid price submitted by the bidder.13.5 Prices quoted by the bidder, shall remain firm and fixed and valid until completion of theContract and will not be subject to variation on any account except statutory variationsin excise duty and sales tax as mentioned below.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

Statutory variations in excise duty and sales tax on finished product during thecontractual completion period, shall be to the Employer’s account for which theContractor will furnish documentary evidence(s) in support of their claims to GAIL.However, any increase in the rate of these taxes and duties beyond the contractualcompletion period shall be to Contractor’s account and any decrease shall be passed onto GAIL.13.6 The Bidder shall quote the prices both in figures as well as in words. There should notbe any discrepancies between the price indicated in figures and the price indicated inwords. In case of any discrepancy, the price indicated in words shall prevail over theprice indicated in figure.13.7 Alternative bids shall not be considered.13.8 Discount, if any, must be indicated in the space provided in Schedule of Rates only.Conditional discount, if offered, shall not be considered for evaluation.14. Bid Currencies [Applicable for International Competitive Bidding]14.1 Indian Bidders may submit bid in any currency (including Indian Rupees) and receivepayment in such currencies on par with foreign bidders.14.2 Currency once quoted will not be allowed to be changed. EMPLOYER shall not becompensating for any exchange rate fluctuation.14.3 Foreign Bidders may submit bid in the home currency of bidder’s country or in USDollars / EURO or any other currency.14.4 A bidder expecting to incur a portion of his expenditure in the performance of contractin more than one currency (limited to maximum two currencies) and wishing to be paidaccordingly shall so indicate in the bid. In such a case, the bid shall be expressed indifferent currencies with the respective amounts in each currency together making upthe total price.[Applicable for Domestic bidding]Bidders shall submit bid in Indian Rupees only.15. Bid Validity15.1 Bids shall be kept valid for 4(four) months from the final bid due date. A bid valid for ashorter period may be rejected by GAIL as non-responsive.15.2 In exceptional circumstances, prior to expiry of the original bid validity period, theEmployer may request that the bidders extend the period of validity for a specifiedadditional period. The request and the responses thereto shall be made in writing or byfax / e-mail. A bidder may refuse the request without forfeiture of his bid security, Abidder agreeing to the request will not be required or permitted to modify his bid, butwill be required to extend the validity of its bid security for the period of the extensionand in accordance with Clause 16 in all respects.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

16. Bid Security16.1 Pursuant to Clause-12, the bidder shall finish, as part of his bid, bid security in theamount specified in the Invitation for Bids (IFB).16.2 The bid security is required to protect GAIL against the risk of bidder’s conduct whichwould warrant the security’s forfeiture, pursuant to Clause-16.716.3 The bid security in US Dollars for bidders quoting in foreign currency or in Indian Rupeesfor bidders quoting in Indian currency shall be in the form of a Bank Draft/ Banker’sCheque/ Bank Guarantee or Letter of Credit.[In case bid is from a consortium where the leader of Consortium is a foreign en thythen such consortium bid will be treated as bid from foreign bidder]GAIL shall not be liable to pay any bank charges, commission or interest on the amountof Bid Security.In case Bid Security is in the form of a Bank Guarantee or irrevocable Letter of Credit,the same shall be from any Indian scheduled bank or a branch of an International banksituated in India and registered with Reserve bank of India as scheduled foreign bank incase of Indian bidder and from any reputed International bank or Indian scheduled bankin case of foreign bidder. However, in case of Bank Guarantee from banks other thanthe Nationalised Indian banks, the bank must be commercial bank having net worth inexcess of Rs 100 crores and a declaration to this effect should be made by suchcommercial bank either in the Bank Guarantee itself or separately on its letterhead. BidSecurity shall be valid for 2 months beyond the validity of the Bid.16.4 Any bid not secured in accordance with Clause-16.1 and 16.3 may be rejected by GAILas non-responsive.16.5 Unsuccessful bidder’s bid security will be discharged/ returned as promptly as possible,but not later than 30 days after the expiration of the period of bid validity prescribed byGAIL, pursuant to ITB Clause-15.16.6 The successful bidder’s bid security will be discharged upon the bidder’s accepting theaward & signing the Agreement, pursuant to Clause-39 and furnishing the ContractPerformance Security pursuant to Clause-40.16.7 The bid security may be forfeited :a) If a bidder withdraws his bid during the period of bid validity.b) in the case of a successful bidder, if the bidder fails:i) to accept the Notification of Award/Fax of Intent (FOI) orii) to furnish Contract Performance Security in accordance with Clause-40.iii) to accept arithmetical corrections,16.8 Bid Security should be in favour of GAIL (India) Limited and addressed to GAIL. In caseBid Security is in the form of Bank Guarantee or Letter of Credit, the same must indicatethe Bid Document and the work for which the bidder is quoting. This is essential to haveproper co-relation at a later date. The Bid Security shall be in the form provided at F-4(Bank Guarantee) or F-4A (Letter of Credit).\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

16.9 For Indian Bidders : Indian Government Departments/ Public Sector Undertakings andfirms registered with NSIC are exempted from furnishing bid security provided they areregistered for the quoted items upto the monetary limit they intend to quote and subjectto their enclosing with their bid a copy of the latest and current Registration Certificate.17. Pre-Bid Meeting(Applicable only for Open competitive Bidding]17.1 The bidder(s) or his designated representative, who have purchased bid document, areinvited to attend a pre-bid meeting which will take place (to be indicated later on).17.2 The purpose of the meeting will be to clarify issues and to answer questions on anymatter that may be raised at that stage.17.3 Text of the questions raised and the responses given, together with any responsesprepared after the meeting, will be transmitted without delay (without identifying thesources of the question) to all purchasers of the bidding documents. Any modification ofthe bidding documents listed in ITB Sub-Clause 8.1 that may become necessary as aresult of the pre-bid meeting shall be made by the Employer exclusively through theissue of an Addendum pursuant to Clause 10 and not through the minutes of the pre-bidmeeting.17.4 Non-attendance of the pre-bid meeting will not be a cause for disqualification of abidder.18. Format and Signing of Bid18.1 The original and all copies of the bid shall be typed or written in indelible ink (in the caseof copies, photocopies are also acceptable) and shall be signed by a person or personsduly authorized to sign on behalf of the bidder. The name and position held by eachperson signing, must be typed or printed below the signature. All pages of the bidexcept for unamended printed literature where entries or amendments have been madeshall be initialed by the person or persons signing the bid.18.2 The bid shall contain no alterations, omissions, or additions, unless such corrections areinitialed by the person or persons signing the bid.19. Zero Deviation19.1 Bidders to note that this is a zero deviation tender. GAIL/ MECON will appreciatesubmission of offer based on the terms and conditions in the enclosed GeneralConditions of Contract (GCC), Special Conditions of Contract (SCC), Instructions toBidder (ITB), Scope of Work, technical specifications etc. to avoid wastage of time andmoney in seeking clarifications on technical/ commercial aspects of the offer. Biddermay note that no technical and commercial clarifications will be sought for after thereceipt of the bids. Bids with any deviation to the bid conditions shall be liable forrejection.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

20. E-Payment20.1 GAIL (India) Limited has initiated payments to suppliers and contractors electronicallyand to facilitate the payments electronically, the bidder should have an account withHDFC Bank or ICICI Bank or State Bank of India so that the payment through e-bankingbe made to the bidder, in case work is awarded to him. Further, the bidder should givethe details of his bank account in any one of the above banks to facilitate paymentthrough e-banking in case of award of work on him.21. Agent/ consultant/ Representative/ Retainer/ Associate[Applicable for ICR tenders only]21.1 GAIL would prefer to deal directly with the manufacturers/ principals abroad but in casethey decide to have their Agent/ Consultant/ Representative/ Retainer/ Associate inIndia and pay commission for their services against a particular tender it should be bareminimum and the principal would have to certify that such a commission iscommensurate with the services rendered to them by such an Agent/ Consultant/Representative/ Retainer/ Associate in India. The principal will also have to broadly listout services to be rendered by the Agent/ Consultant/ Representative/ Retainer/Associate in India.21.2 In the event bidder is having as Agent/ Consultant/ Representative/ Retainer/ Associate/servicing facilities in India (who is not an employee of the bidder) the bidder shouldindicate in their offer the name of such an Agent/ Consultant/ Representative / Retainer/Associate, they have for services in India. The bidder must also indicate clearly thecommission payable to the Agent/Consultant/ Representative/ Retainer/ Associate inrupees in terms of Agreement (enclosing copy of the same). The bidder, in his bid willindicate the nature and extent of service to be provided by such an Agent/ Consultant/Representative/ Retainer/ Associate on behalf of the bidder and also remunerationtherefore provided in the price, as a separate item, quoted by the bidder to GAIL. Suchremuneration/ commission will be paid by GAIL in non-convertible Indian currency inIndia. Should it be established at any subsequent point of time that the above statementof the bidder is not correct or that any other amount of remuneration/commission eitherin India or abroad is being paid to any one (who is not an employee of the bidder), thebidder would be liable to be debarred from participating in the future tenders of GAIL.Failure to give such information will lead to rejection of the offer.The following particulars will also be furnished by the bidder:i) The precise relationship between the foreign manufacturer/ principal and theirAgent/ Consultant/ Representative/ Retainer/ Associate in India.ii) The mutual interest which the manufacturer/principal and the Agent/Consultant/ Representative/ Retainer/ Associate in India have in the business ofeach other.iii)Any payment which the Agent/ Consultant/ Representative/ Retainer/ Associatereceives in India or abroad from the manufacturer/principal whether as acommission for the contract or as a general fee.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

iv)Permanent Income Tax number of Agent/ Consultant/ Representative/ Retainer/Associate in India.v) Permanent income tax account number of foreign supplier.vi)All services to be rendered by the Agent/ Consultant/ Representative/ Retainer/Associate.Note : Tenders which do not comply with the above stipulations are liable to beignored.21.3 Overseas bidder should send their bids directly and not through Agent/ Consultant/Representative/ Retainer /Associate. Bid(s) made by Agent/ Consultant/ Representative/Retainer/ Associate shall be rejected. Agent/ Consultant/ Representative/ Retainer/Associate of the overseas manufacturers/suppliers are, however, permitted to purchasebiding documents and attend bid opening provided such as Agent/ Consultant/Representative/ Retainer/ Associate has a power of attorney/letter of authority settingout very clearly his role, which will be limited to such areas of activity as purchase ofbidding documents, attending of bid opening and claiming of payment for their services,provided further that such a power of attorney/ letter of authority is submitted to GAILin advanced for scrutiny and acceptance or otherwise.D. SUBMISSION OF BIDS22. Sealing and Marking of Bids22.1 Bid shall be submitted in the following manner in separately sealed envelopes dulysuperscribed as below:Part-I -Part-II -Part III -Techno-commercial/ unpriced BidPriced BidOriginal Bid Security22.2 Part-I shall contain original and four copies of UNPRICED BID complete with all technicaland commercial details other than price (with prices blanked out and copies of bidsecurity). All the unpriced bids shall be completely identical in all respects includingenclosures and shall be enclosed in separately sealed envelopes duly marked andaddressed to the Employer. In the event of any discrepancy between them, the originalshall govern. The envelope shall also indicate the name of the bidder.22.3 Part-II - PRICED BID shall be submitted in one original and four copies with duly filled inPrice schedule sealed in a separate envelope duly marked and addressed to theEmployer including the rate for compensation of extended stay charges.22.4 Part-III - BID SECURITY in original shall be submitted sealed in a separate envelope dulymarked and addressed to the Employer.22.5 The three envelopes containing PART-I, PART-II and PART-III should be enclosed in alarger envelope duly sealed and marked and also bear the name and address of theBidder and Tender No.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

22.6 If the outer envelope is not sealed and marked properly, GAIL will assume noresponsibility for the Bid’s misplacement or premature opening.22.7 Each bidder shall submit only one bid. A bidder who submits more than one bid will berejected.23. Deadline for Submission of Bids23.1 Bids must be received by GAIL/ MECON at the address specified in the Invitation for Bids(IFB) not later than the date and time stipulated in the IFB.23.2 GAIL/ MECON may, in exceptional circumstances and at its discretion, on givingreasonable notice by fax or any written communication to all prospective bidders whohave been issued the bid documents, extend the deadline for submission of bids, inwhich case all rights and obligations of GAIL and the bidders, previously subject to theoriginal deadline will thereafter be subject to the deadline as extended.24. Late Bids24.1 Any bid received by GAIL/ MECON after the deadline for submission of bids prescribedon main body of IFB will be rejected and returned unopened to the bidder.25. Modification and Withdrawal of Bids25.1 The bidder may modify or withdraw his bid after the bid submission but before the duedate for submission, provided that written notice of the modification/ withdrawal isreceived by GAIL/ MECON prior to the deadline for submission of bids.25.2 The modification shall also be prepared, sealed, marked and despatched in accordancewith the provisions of Clause 22, with the outer and inner envelopes additionally marked“modification” or “withdrawal”, as appropriate. A withdrawal notice may also be sent bytelex or cable, but followed by a signed confirmation copy post marked not later thanthe deadline for submission of bids.25.3 No bid shall be modified after the deadline for submission of bids.25.4 No bid shall be allowed to be withdrawn in the interval between the deadline forsubmission of bids and the expiration of the period of bid validity specified by the bidderon the Bid Form. Withdrawal of a bid during this interval shall result in the bidder’sforfeiture of his bid security pursuant to Sub-Clause 16.7.E. BID OPENING AND EVALUATION26. Bid Opening26.1 Unpriced Bid OpeningGAIL/ MECON will open bids, including withdrawals and modifications made pursuant toClause 25, in the presence of bidders’ designated representatives who choose to attend,at date, time and location stipulated in the IFB. The bidders’ representatives, who arepresent shall sign a bid opening register evidencing their attendance.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

26.2 Priced Bid Opening26.2.1 GAIL/ MECON will open the price bids of those bidders who meet the qualificationrequirement and whose bids is determined to be technically and commerciallyresponsive. Bidders selected for opening of their price bids shall be informed about thedate of price bid opening. Bidders may depute their authorized representative to attendthe opening. The bidders’ representatives, who are present shall sign a registerevidencing their attendance.26.2.2 The price bids of those bidders who were not found to be techno-commerciallyresponsive shall be returned unopened after opening of the price bids of technocommerciallyresponsive bidders.27. Process to be Confidential27.1 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 orany other persons officially concerned with such process. Any effort by a bidder toinfluence the Employer’s processing of bids or award decisions may result in therejection of the bidder’s bid.28. Contacting the Employer28.1 From the time of bid opening to the time of Contract award, if any bidder wishes tocontact the Employer on any matter related to the bid, it should do so in writing.28.2 Any effort by the bidder to influence the Employer in the Employer’s bid evaluation, bidcomparison, or Contract award decisions may result in the rejection of the bidder’s bid.29. Examination of bids and Determination of Responsiveness29.1 Prior to the detailed evaluation of bids, the Employer will determine whether each bida) meets the Bid Evaluation Criteria;b) has been properly signed;c) is accompanied by the required securities;d) is substantially responsive to the requirements of the bidding documents; ande) provides any clarification and/ or substantiation that the Employer may require todetermine responsiveness pursuant to Sub-Clause 29.2.29.2 A substantially responsive bid is one which conforms to all the terms, conditions andspecifications of the bidding documents without material deviations or reservations. Amaterial deviation or reservation is onea) that affects in any substantial way the scope, quality, or performance of theWorks;b) that limits in any substantial way, inconsistent with the bidding documents, theEmployer’s rights or the bidder’s obligations under the contract; orc) whose rectification would affect unfairly the competitive position of other bidderspresenting substantially responsive bids.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

29.3 If a bid is not substantially responsive, it will be rejected by the Employer and may notsubsequently be made responsive by correction or withdrawal of the nonconformingdeviation or reservation.30. Correction of Errors30.1 Bids determined to be substancially responsive will be checked by the Employer for anyarithmetic errors. Errors will be corrected by the Employer as follows :a) where there is a discrepancy between the amounts in words and in figures, theamount in words will govern; andb) where there is a discrepancy between the unit rate and the total resulting frommultiplying the unit rate by the quantity, the unit rate as quoted will govern.30.2 The amount stated in the bid will be adjusted by the Employer in accordance with theabove procedure for the correction of errors and, with the concurrence of the bidder,shall be considered as binding upon the bidder. If the bidder does not accept thecorrected amount of bid, its bid will be rejected, and the bid security shall be forfeited.31. Conversion to Single Currency for Comparison of Bids[Applicable for ICB tenders only]31.1 To facilitate evaluation and comparison, GAIL/ MECON will convert all bid pricesexpressed in the amounts in various currencies in which bid price is payable, to IndianRupees at the Bill Collection selling rates of Foreign Exchange as declared by State Bankof India a day prior to priced bid opening.31.2 Evaluation and comparison of prices of previously determined substantially responsivebids shall take into account stipulations given in Article 32.2. Evaluation and Comparison of Bids32.1 The evaluation and comparison of bids will be done as per the provisions of the bidevaluation criteria (to be separately enclosed alongwith bidding document againstindividual tenders).33. Preference for Domestic Bidders[Applicable for ICB cases only]33.1 The supplies of materials and equipment by Domestic bidders are eligible, as pergovernment directives to following preference :Extent of Domestic Value Added Extent of Price PreferenceLess than 30%NIL30% and more Domestic preference shall be limited to offsettingof Central Sales Tax to the extent of 4%or actual whichever is lower plus Octroi at actual\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

33.2 The domestic value addition shall be calculated with the following formula:{P EW (excluding CD,ST,ED) – CIF 1 }------------------------------------------- x 100{P EW (excluding CD,ST,ED)}Where P EW = Ex-Works PriceCD = Custom DutyST = Sales TaxED = Excise Duty andCIF 1 = CIF Value of Imports(In above formula the CVD shall not be considered in customs duty due to adjustmentunder CENVAT)33.3 Once quoted the extent of Domestic Value addition shall remain unaltered.33.4 Domestic Bidder shall furnish details of equipment/ Items, applicable Central Sales Taxrate without Form `C’ alongwith the corresponding amount.33.5 The Sales Tax amount indicated by the Bidder as included in the prices, shall be paid byGAIL against documentary evidence only.In case the Bidder is not able to produce documentary evidence for full value of thesales tax, the payment shall be limited to the value for which documentary evidence isfurnished.34. Purchase Preference34.1 Purchase Preference to Central Government Public Sector Undertakings shall be allowedas per government guidelines in vogue.35. Compensation for extended stay35.1 In the event of the time of completion of work getting delayed beyond the timeschedule indicated in the bidding document plus a grace period due to reasons solelyattributable to Employer, the Contractor shall be paid compensation for extended stay(ESC) to maintain necessary organisational setup and construction tools, tackles,equipments etc. at site of work. The grace period for such purpose shall be 1/5 th of thetime schedule (taken as number of weeks) or 8 weeks whichever is more.35.2 The bidder is required to specify the rate for ESC on per week basis in the “PRICE PART”of his bid, which shall be considered for loading on total quoted price during price bidevaluation. Tloading shall be done for a period of 1/4 th of the time schedule (taken asnumber of weeks) or 12 weeks whichever is less. In case bidder does not indicate therate for ESC in price part of his bid, it will be construed that no ESC is required by thebidder.35.3 While calculating 1/5 th of the time schedule as grace period and 1/4 th of the timeschedule for ev alautionk, the figure will be rounded –off to the next higher digit.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F. AWARD OF CONTRACT36. Award36.1 Subject to Clause 29, GAIL/ MECON will award the contract to the successful bidderwhose bid has been determined to be substantially responsive and has been determinedas the lowest, is determined to be qualified to satisfactorily perform the contract.37. Employer’s Right to Accept Any Bid and to Reject Any or all Bids37.1 GAIL/ MECON reserves the right to accept or reject any bid, and to annul the biddingprocess and reject all bids, at any time prior to award of contract, without therebyincurring any liability to the affected bidder or bidders or any obligations to inform theaffected bidder or bidders of the ground for GAIL’S ACTION.38. Notification of Award38.1 Prior to the expiration of period of bid validity GAIL/ MECON will notify the successfulbidder in writing by fax, cable or telex to be confirmed in writing, that his bid has beenaccepted. The notification of award/ Fax of Intent will constitute the formation of theContract.38.2 Delivery/ completion period shall be counted from the date of notification of award / Faxof Intent.The notification of award will constitute the formation of a Contract, until the Contracthas been effected pursuant to signing of Contract as per Clause 39 of ITB.Upon the successful bidder’s furnishing of contract performance security, pursuant toClause 40 of ITB, GAIL/ MECON will promptly notify each unsuccessful bidder and willdischarge his bid security, pursuant to Clause 16 of ITB.39. Signing of Agreement39.1 GAIL/ MECON will award the Contract to the successful bidder, who, within 15 days ofreceipt of the same, shall sign and return the acceptance copy to GAIL/ MECON.39.2 The successful bidder shall be required to execute an AGREEMENT in the proforma givenin of this standard bidding document on non-judicial paper of appropriate value (thecost of stamp paper shall be borne by the Contractor), within 15 days of the receipt byhim of the Notification of Acceptance of Tender. In the event of failure on the part ofthe successful bidder to sign the AGREEMENT within the above stipulated period, the BidSecurity shall be forfeited and the acceptance of the tender shall be considered ascancelled.40. Contract Performance Security40.1 Within 15 days of the receipt of the notification of award/ Fax of Intent from GAIL/MECON, the successful bidder shall furnish the contract performance security inaccordance with Article 24 of General Conditions of The Contract in the form provided in\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

the bidding documents. The Contract Performance Security shall be in the form of eitherBanker’s Cheque or Demand Draft or Bank Guarantee or Letter of Credit and shall be inthe currency of the Contract.40.2 The contract performance security shall be for an amount equal to 10% of the value ofthe contract towards faithful performance of the contractual obligations andperformance of equipment. This Bank Guarantee/ DD/ Letter of Credit shall be from anyIndian scheduled bank or a branch of an International bank situated in India andregistered with Reserve bank of India as scheduled foreign bank. However, in case ofbank guarantees from banks other than the Nationalized Indian banks, the bank mustbe a commercial bank having net worth in excess of Rs. 100 crores and a declaration tothis effect should be made by such commercial bank either in the Bank Guarantee itselfor separately on its letterhead. This Bank Guarantee shall be valid for a period as statedin Article-24 of General Conditions of The Contract.40.3 Failure of the successful bidder to comply with the requirements of this article shallconstitute sufficient grounds for the annulment of the award and forfeiture of the bidsecurity, in which event GAIL may award the order to the next lowest evaluated bidderor call for new bids.41. Corrupt or Fraudulent Practices41.1 GAIL/ MECON requires that bidders/ contractors observe the highest standard of ethicsduring the execution of contracts. In pursuance of this policy, the Employer :a) defines, for the purposes of this provision, the terms set forth below as follows :i) “corrupt practice” means the offering, giving or soliciting of anything ofvalue to influence the action of a public official in the procurementprocess or in contract execution; andii)“fraudulent practice” means a misrepresentation of facts in order toinfluence a procurement process or the execution of a contract to thedetriment of the Employer, and includes collusive practice among bidders(prior to or after bid submission) designed to establish bid prices atartificial non-competitive levels and to deprive thc Employer of thebenefits of free and open competition;b) will reject a proposal for award if it determines that the bidder recommended foraward has engaged in corrupt or fraudulent practices in competing for thecontract in question;c) will declare a firm ineligible and put on holiday, either indefinitely or a for astated period of time if it at any time determines that the firm has engaged incorrupt or fraudulent practices in competing for, or in executing a contract.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

2.0 ANNEXURE TO INSTRUCTIONS TOBIDDERS (ITB)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

CONTENTSSl.No.Description1) Annexure-I : Bid Evaluation Criteria2) Annexure-II : List of Formats3) Annexure-III : Commercial Questionnaire4) Annexure-IV : Check List\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

BID EVALUATION CRITERIA{Annexure – I to Instruction to Bidder (ITB)}\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

EVALUATION /COMPARISON OF BIDS1.0 The Employer/ MECON will examine the bids to determine whether the bids arecomplete as per Check List, Stamped and Signed on each page and are in order.2.0 EARNEST MONEY DEPOSITThe bids without requisite EMD and/ or EMD not in the prescribed proforma will not beconsidered and bids of such bidders shall be rejected.3.0 DEVIATION TO STIPULATIONS“It may be note that since this is zero deviation tender the bidder is advisedto quote strictly as per terms & conditions of tender document & not tostipulate any deviation/ exception. Offers requesting deviation shall not beamended for further evaluation & shall be summarily rejected”.4.0 CONFORMANCE TO SCOPE OF WORKBidder will be required to confirm to the Scope of Work as mentioned under Annexure-Ito SCC, Schedule of Rates and Job Specification/ Technical Specifications.5.0 CONFORMANCE TO SCOPE OF SUPPLYBidder will be required to confirm to the Scope of Supply as mentioned under Annexure-II to SCC, Schedule of Rates and Jobs Specification/ Technical Specifications.6.0 DETERMINATION OF RESPONSIVENESSThe bid submitted by the bidder should be responsive to the requirements of theBidding Document. A responsive bid is one which conforms to the terms, conditions andspecifications of the Bidding Document and Bid Evaluation Criteria without Deviation.7.0 Bidders are advised to quote strictly as per terms and conditions of the BiddingDocument and not to stipulate any deviation/ exception as it is “No Deviation” tender.Offers with any Exception/ deviation shall be liable for rejection.8.0 Bidder will be required to establish upto the satisfaction of Owner/ MECON that theresources proposed to be deployed in Annexure 8 & 9 of SCC by the bidder are inconformity with the WORK REQUIREMENT.The following requirement must be noted while submitting the resource deploymentdetails.i) Construction EquipmentsMechanised type of construction equipments should be considered. All requisiteequipments such as cranes, diesel generators, compressors, welding m/cs,pumps, tractor-trailor, etc. shall be considered. Deployment of minimumequipments must be furnished as per Annexure-9 to SCC.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

ii)Deployment of Supervisory/ Skilled PersonnelBidder must furnish a site organisation with qualified and experienced personnelin adequate numbers keeping in view the specific requirement for this work.Bidder will prepared & submit these details also keeping in view the minimumno. of skilled personal as per Annexure-10 to SCC.9.0 EVALUATION OF PRICE BIDSi) The price part of only those bidders will be evaluated whose bid is technicallyand commercially acceptable to Owner/ MECON.ii)iii)Quoted price for the complete scope of work and supply as per SOR and onlyloading as per 9(ii) and loading of compensation of extended stay charges shallbe taken into account for arriving at the lowest evaluated price.The bidder’s quoted price shall be loaded by adding any monetary cost ofquantifiable deviations by calculating the value of additional costs, the Ownerwould incur if such deviations were accepted, provided the deviations are notmaterial deviations and are acceptable to Owner.10.0 BIDDERS MUST CHECK THAT THEIR BID IS COMPLETE IN ALL RESPECTSWITH ALL DETAILS AS PER VARIOUS FORMATS ENCLOSED IN INSTRUCTIONSTO BIDDERS, CHECK LIST AND COMMERCIAL QUESTIONNAIRE REPLIEDIssue of any technical/ commercial questionnaire or having any classificatorydiscussions, in general, is not envisaged. Bidders in their own interest must ensure thattheir bid is complete in all respects complying with the requirement of Instructions toBidders and have furnished all details/ clarifications/ confirmations. Also that all details/documents shall be submitted in relevant SECTIONS and mentioned in CHECK LIST.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

LIST OF FORMATS{Annexure – II TO Instruction to Bidder (ITB)}9\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

CONTENTSl.No.Description1) F-1 : Bidder’s General Information2) F-1A : Detail information about bidder (in case of open bidder)3) F-2 : Bid Form4) F-3 : List of Enclosures5) F-3A : Financial Detail6) F-4 : Proforma for Bank Guarantee for EMD/ Bid Security• Instruction for Furnishing Bid Guarantee/ Bank Guarantee7) F-4A : Format for Letter of Credit for Bid Security (For Foreign Bidder)8) F-5 : Letter of Authority9) F-6 : No Deviation Confirmation10) F-7 : Certificate11) F-8 : Details of Similar Work done during past five years12) F-9 : Present commitments of the Bidder13) F-10 : Proforma of Bank Guarantee for Contract Performance Security14) F-11 : Proposed Site Organisation Chart15) F-12 : Construction Schedule with Bar Chart16) F-13 : Confirmation regarding schedule of labour rate17) F-14 : Confirmation regarding schedule of equipment rate18) F-15 : Rate for Extended Stay Compensation (Loading Schedule for PriceComparison Purpose)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-1BIDDER’S GENERAL INFORMATIONToM/s GAIL (India) Limited1.1 Bidder Name : _________________________________________1.2 Number of Years in Operation : _________________________________________1.3 Registered Address : ___________________________________________________________________________________________________________________________1.4 Operation Address : _________________________________________if different from above_________________________________________1.5 Telephone Number : _________________________________________(Country Code)(Area Code)(Telephone No.)1.6 E-mail address & Web Site : _________________________________________1.7 Telefax Number : _________________________________________(Country Code)(Area Code)(Telephone No.)1.8 ISO Certification, if any : {If yes, please furnish details}__________________________________(SIGNATURE OF BIDDER WITH SEAL)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-1ADETAILED INFORMATION ABOUT BIDDERS(In case of open Tender)1. IN CASE OF INDIVIDUAL1.1 Name of Business1.2 Whether his business is registered1.3 Date of commencement of business1.4 Whether he pays Income Tax over Rs.10,000/- per year2. IN CASE OF PARTNERSHIP2.1 Name of Partners2.2 Whether the partnership is registered2.3 Date of establishment of firm2.4 If each of partners of the firm pays Income Tax over Rs.10,000/- per year and if so, whichof them pays the same.3. IN CASE OF LIMITED LIABILITY COMPANY OR COMPANY LIMITED BY GUARANTEE3.1 Amount of paid up capital3.2 Name of Directors3.3 Date of Registration of Company3.4 Copies of the balance sheet of the company of the last five years._________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-2BID FORMToM/s GAIL (India) LimitedDear Sir,After examining/ reviewing the Bidding Documents for ________________________________,including technical specifications, drawings, General and Special Conditions of Contract andschedule of rates etc. The receipt of which is hereby duly acknowledged, we, the undersigned,pleased to offer to execute the whole of the Job of _____________ and in conformity with, thesaid Bid Document, including Addenda Nos. (if any).We confirm that this bid is valid for a period of four (4) months from the date of opening ofTechno-commercial Bid, and it shall remain binding upon us and may be accepted by any timebefore the expiration of that period.If our bid is accepted, we will provide the performance security equal to 10% (ten percent) ofthe Contract Price, for the due performance with in fifteen days of such award.Until a final Agreement is prepared and executed, the bid together with your writtenacceptance thereof in your notification of award shall constitute a binding Agreement betweenus.We understand that Bid Document is not exhaustive and any action and activity not mentionedin Bid Documents but may be inferred to be included to meet the intend of the Bid Documentsshall be deemed to be mentioned in Bid Documents unless otherwise specifically excluded andwe confirm to perform for fulfillment of Agreement and completeness of the Work in allrespects within the time frame and agreed price.We understand that you are not bound to accept the lowest priced or any bid that you mayreceive.SEAL AND SIGNATUREDATE : _____________Duly authorized to sign bid for and on behalf of ____________________________________(SIGNATURE OF WITNESS)WITNESS NAME :ADDRESS :\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-3LIST OF ENCLOSURESGAIL (India) Limited,Dear Sir,We are enclosing the following documents as part of the bid:1. Power of Attorney of the signatory to the Bidding Document.2. QA/OC Manuals.3. Health Safety and Environment (HSE) Policy and HSE Manual.4. Document showing annual turnover for the last three years such as annual reports,profit and loss account, net worth etc. along with information as sought in enclosedformat F-3A.5. Organisatipn chart of the bidder and the structure assigned for execution of the workunder this bid.6. Methodology of execution of work.7. Execution schedule with interlinking of various activities.8. Copy of Bidding Documents along with addendum/ corrigendum no. duly signed andsealed on each page, in token of confirmation that Bid Documents are considered in fullwhile preparing the bid and in case of award, work will be executed in accordance withthe provisions detailed in Bid Documents,_________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-3AFINANCIAL DETAILEACH BIDDER MUST FILL IN THIS FORMa) Annual Turnover data for the last 3 years.Year Currency Amount Ex. Rate (*) Amount (INR)(*)Year 1Year 2Year 31. The information supplied should be the Annual Turnover of the Bidder.2. A brief note should be appended describing thereby details of turnoveralongwith audited balance sheet with profit & loss account statement for the last3 years.b) Annual Net-worth data for the last 3 years.Year Currency Amount Ex. Rate (*) Amount (INR)(*)Year 1Year 2Year 31. Net Worth = Reserves + Capitals – Accumulated Loss(*) To be filled by Employer/ Consultant_________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

Sheet 1 of 2F-4PROFORMA FOR BANK GUARANTEE FOR EARNEST MONEY DEPOSIT/ BID SECURITY(To be stamped in accordance with the Stamp Act)Ref: ………………………………Bank Guarantee No. ……………………Date ……………………ToGAIL (India ) Limited,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 _______________ isrequired to be submitted by the Tenderer as a condition precedent for participation in the said tenderwhich amount is liable to be forfeited on the happening of any contingencies mentioned in the TenderDocument.We, the _____________________________________ Bank at __________________________ havingour Head Office __________________________________________________________(Local Address) guarantee and undertake to pay immediately on demand without any recourse to thetenderers 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 usirrespective of any dispute or difference raised by the Tenderer.This guarantee shall be irrevocable and shall remain valid upto _____________ [this date should be 6months after the date finally set out for closing of tender]. If any further extension of this guarantee isrequired, the same shall be extended to such required period on receiving instructions from M/s____________________________________________________________whose behalf this guarantee is issued.In witness whereof the Bank, through its authorised officer, has set its hand and stamp on this______________ day of ______________200__at______________.WITNESS:(SIGNATURE)(NAME)(OFFICIAL ADDRESS)(SIGNATURE)(NAME)Designation with Bank StampAttorney as perPower of Attorney No._________Date: __________________\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

Sheet 2 of 2INSTRUCTIONS FOR FURNISHING BID-GUARANTEE/BANK GUARANTEE1. The Bank Guarantee by bidders will be given on non-judicial stamp paper as per stampduty applicable. The non-judicial stamp paper should be in the name of the issuingbank. In case of foreign bank, the said banks guarantee to be issued by itscorrespondent bank in India on requisite non-judicial stamp paper.2. The expiry date as mentioned in bid document should be arrived at by adding 2 monthsto the date of expiry of the bid validity unless otherwise specified in the Bid Documents,3. The bank guarantee by bidders will be given from bank as specified in ITB4. A letter from the issuing bank of the requisite Bank Guarantee confirming that said bankguarantee/ all future communication relating to the Bank Guarantee shall be forwardedto the Employer at its address as mentioned at ITB.5. Bidders must indicate the full postal address of the bank along with the bank’s E-mail/Fax. From where the earnest money bond has been issued.6. If a bank guarantee is issued by a commercial bank, then a letter to Employerconfirming its net worth is more than Rs. 1,000,000,000/- (Rupees one hundred crore)or equivalent along with a documentary evidence.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

To,(Beneficiary)F-4AFORMAT FOR LETTER OF CREDIT FOR BID SECURITY(In case of Foreign Bidder)GAIL (India) Limited______________________________________Irrevocable and confirmed Letter of Credit No. ______________________Amount : Rs./ US$Validity of this Irrevocable : ______________________________ (in India)Letter of Credit(2 months beyond validity of offer)Dear Sir,You are here by authorized to draw on _______________ (Name of Applicant with full address) for asum not exceeding ____________________ available by your demand letter (draft) on them at sightdrawn for ____________________ Rs./ US$ accompanied by a certificate by GAIL (India) Ltd., with theTender No. duly incorporated therein, that one or more of the following conditions has/ have occurred,specifying the occurred condition(s) :(i)(ii)(iii)The bidder withdraws its Bid during the period of Bid validity or any extension thereof dulyagreed by the Bidder.The Bidder varies or modifies its Bid in a manner not acceptable to GAIL (India) Ltd. during theperiod of bid validity or any extension thereof duly agreed by the Bidder.The Bidder, having been notified of the acceptance of its Bids,(a) Fails or refuses to execute the supply order/ contract(b) Fails or refuses to furnish the Contract Performance Security within 30 days beforeexpiry of bid Security.(c) Fails to accept arithmetic corrections as per tender conditions.2. This Irrevocable Letter of Credit has been established towards Bid Security Tender No.____________________ for ____________________ (item).3. We hereby guarantee to protect the Drawers, Endorsers and bonafide holders from anyconsequences which may arise in the event of the non-acceptance or non-payment of DemandLetter (draft) in accordance with the terms of this credit.4. This Credit is issued subject to the Uniform Customs and Practices for Documentary Credits(1993 Revised) International Chamber of Commerce brochure No. 500.5. Please obtain reimbursement as under : _______________________________________6. All foreign as well as Indian bank charges will be on the account of M/s ______________________________________________ (Applicant)Counter SignatureFOR _____________________Authorised Signature(Original Bank)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-5LETTER OF AUTHORITYPROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING AND SUBSEQUENTNEGOTIATIONS/CONFERENCESNo.:Date:GAIL India Limited,Dear Sir,We ___________________________________________________ hereby authorize followingrepresentative(s) to attend un-priced bid opening and price bid opening and for any othercorrespondence and communication against above Bidding Document:1) Name & Designation _________________________ Signature ____________________2) Name & Designation _________________________ Signature ____________________We confirm that we shall be bound by all commitments made by aforementioned authorisedrepresentatives.Yours faithfully,SignatureName & DesignationFor and on behalf ofNote: This letter of authority should be on the letterhead of the bidder and should be signedby a person competent and having the power of attorney to bind the bidder.Not more than two persons are permitted to attend techno-commercial un-priced andprice bid opening.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-6NO DEVIATION CONFIRMATION(Tender/ Bid Document No. ____________________)GAIL India Limited,Dear Sir,We understand that any deviation/ exception in any form may result in rejection of bid. We,therefore, certify that we have not taken any exceptions/ deviations anywhere in the bid andwe agree that if any deviation is mentioned or noticed, our bid may be rejected.Note: This NO DEVIATION CONFIRMATION should be written on the letterhead of the bidderindicating tender ref. no. duly signed and stamped with date by a person competentand having the power of attorney to bind the bidder._________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-7CERTIFICATEGAIL India Limited,Dear Sir,If, we become a successful bidder and pursuant to the provisions of the Bidding Documentsand contract is awarded to us the following certificate shall be automatically enforceable:‘We agree and acknowledge that the Employer is entering into the Agreement solely on itsown behalf and not on behalf of any other person or entity. In particular, it is expresslyunderstood and agreed that the Government of India is not a party to the Agreement andhas no liabilities, obligations or rights there under. It is expressly understood and agreedthat the Employer is authorised to enter into Agreement, solely on its own behalf under theapplicable laws of India. We expressly agree, acknowledge and understand that theEmployer is not an agent, representative or delegate of the Government of India. It isfurther understood and agreed that the Government of India is not and shall not be liablefor any acts, omissions, commissions, breaches or other wrongs arising out of theAgreement. Accordingly, we hereby expressly waive, release and forego any and all actionsor claims, including cross claims, VIP claims or counterclaims against the Government ofIndia arising out of the Agreement and covenants not to sue to Government of India as toany manner, claim, cause of action or things whatsoever arising of or under theAgreement.”_________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-8DETAILS OF SIMILAR WORK DONE DURING PAST FIVE YEARSDescription ofthe workLocation oftheworkFull PostAddress andPhone nos. ofClient & Nameof Officer-inchargeValueofContractDate ofCommencementof workScheduledCompletion Time(Months)Date ofActualCompletionReasons fordelay inprojectcompletion,if anyNote: Copies of letter of award and completion certificate for the above works to beenclosed.The work completed earlier than three years need not be indicated here.The list of work, not of similar nature need not be indicated here.Failing to comply aforementioned instructions may lead to rejection of bid._________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-9PRESENT COMMITMENTS OF THE BIDDERFull PostalAddress andphone nos. ofClient & Nameof Officer-inchargeDescription of WorkDate ofCommencement of WorkScheduledCompletion Period%AgeCompletion as onDateExpectedDate ofCompletionRemarksNote: This list must be a full list of all type of works in hand_________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-10Sheet 1 of 2PROFORMA OF BANK GUARANTEE FOR CONTRACT PERFORMANCE SECURITY(ON NON-JUDICIAL PAPER OF APPROPRIATE VALUE)TO:M/s GAIL (India) LimitedDear Sir,M/s_______________________________________________________ have been awarded thework of __________________________________________________________ for GAIL(India) Limited,16, Bhikaiji Cama Place, R.K. Puram, NEW DELHI.The Contracts conditions provide that the CONTRACTOR shall pay a sum of Rs. __________(Rupees _________________________________________________________________ ) asfull Contract Performance Guarantee in the form therein mentioned. The form of payment ofContract Performance Guarantee includes guarantee executed by Nationalised Bank,undertaking full responsibility to indemnify GAIL (India) Limited, in case of default.The said ___________________________________________________ has approached us andat their request and in consideration of the premises we having our office at_________________________________ have agreed to give such guarantee as hereinaftermentioned.1. We ___________________________________________________ hereby undertakeand agree with you that it default shall be made by M/s ______________________________________ in performing any of the terms and conditions of the tender or inpayment of any money payable to GAIL (India) Limited we shall on demand pay withoutany recourse to the contractor to you in such manner as you may direct the said amountof Rupees ______________________________ only or such portion thereof notexceeding the said sum as you may from time to time require.2. You will have the full liberty without reference to us and without affecting thisguarantee, postpone for any time or from time to time the exercise of any of the powersand rights conferred on you under the contract with the said ________________________________________ and to enforce or to forbear from endorsing anypowers or rights or by reason of time being given to the said ________________________________ which under law relating to the sureties would but for provision havethe effect of releasing us.3. Your right to recover the said sum of Rs. ____________________________________________________ (Rupees __________________________________) from usin manner aforesaid will not be affected or suspended by reason of the fact that anydispute or disputes have been raised by the said M/s _______________________________ and/ or that any dispute or disputes are pending before any officer, tribunalor court.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

Sheet 2 of 24. The guarantee herein contained shall not be determined or affected by the liquidation orwinding up dissolution or changes of constitution or insolvency of the said but shall in allrespects and for all purposes be binding and operative until payment of all money dueto you in respect of such liabilities is paid.5. This guarantee shall be irrevocable and shall remain valid upto_______________ If anyfurther extension of this guarantee is required, the same shall be extended to suchrequired period on receiving instruction from M/s _________________________________________________________ on whose behalf this guarantee is issued.6. The Bank Guarantee’s payment of an amount is payable on demand and in any casewithin 48 hours of the presentation of the letter of invocation of Bank Guarantee. Shouldthe banker fail to release payment on demand, a penal interest of 18% per annum shallbecome payable immediately and any dispute arising out of or in relation to the saidBank Guarantee shall be subject to the jurisdiction of Delhi Courts.7. We have power to issue this guarantee in your favour under Memorandum and Articlesof Association and the undersigned has full power to do under the Power of Attorneydated ____________ granted to him by the Bank.Yours faithfully,______________________________BankBy its Constituted AttorneySignature of a person duly authorisedto sign on behalf of the Bank.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-11PROPOSED SITE ORGANIZATIONThe BIDDER is to indicate here the proposed site organization he proposes to set up for executionof the work. It is understood that this will be augmented from time to time depending on therequirements for timely completion of work, as directed by Engineer-in-Charge. The BIDDER isalso to furnish the Bio-data of Site-in-Charge and key personnel to be deployed at site._________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-12CONSTRUCTION SCHEDULE WITH BAR CHARTBidder shall submit Construction Schedule with Bar Chart for complete work covering all thefollowing activities of work as applicable for TCP & PCP System.1) Mobilisation :2) Route Survey :3) Design package Submission & :Approval4) Ordering for Supply Materials :5) Supply of Material at site :6) Installation :7) Testing :8) Commissioning :9) Other Miscellaneous Works :10) Hydro-test :11) Commissioning :12) Others, if any :_________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-13CONFIRMATION REGARDING SCHEDULE OF LABOUR RATESWe accept Schedule of Labour Rates attached as Annexure-11 to SCC and also confirm acceptancefor using the same for analysing rates for extra items as per Clause No. 60.0 of GCC._________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-14CONFIRMATION REGARDING SCHEDULE OF EQUIPMENT RATESWe accept Schedule of Equipment Rates attached as Annexure-12 to SCC and also confirmacceptance for using the same for analysing rates for extra items as per Clause No. 60.0 of GCC._________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

F-15RATE FOR EXTENDED STAY COMPENSATIONLOADING SCHEDULE FOR PRICE COMPARISON PURPOSE1.0 Rate of Extended Stay Compensation permonth beyond the scheduled completionperiod and grace period for reasons solelyattributable to Owner.Rs. (in Figures) __________________(per Weeks)Rs. (in Words) ________________________________________________________(per weeks)Note: Extended Stay Compensation shall be loaded on the quoted Prices as per relevantclauses in Instructions to Bidder & Special Conditions of Contract._________________________________(SEAL AND SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

COMMERCIAL QUESTIONNAIRE{Annexure – III to Instruction to Bidder (ITB)}\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

COMMERCIAL QUESTIONNAIRENote:1) The Bidder shall submit reply to each query.2) The bidder’s reply/ confirmation as furnished in the Commercial Questionnaire (CQ) shallsupercede the stipulation mentioned else where in the Bid.Sl.MECON’s QueryNo.1. Confirm that your Bid is valid for 1(one) monthfrom the last date of submission of Bid.2. Confirm that all details in unpriced part havebeen submitted in 5 copies (1 Original + 4copies). Bidding Document and drawings,signed and stamped on each page shall besubmitted in original.3. Confirm that the following documents aresubmitted with Part-I :i) All documents in relevant Section as per CHECKLISTii) Schedule of Rates/ Prices without specifying therates/ prices are submitted in unpriced part,exactly as per the priced portion submitted inPart-II. In case some of items have not beenquoted, such items should be identified in blankprice format.iii) Addendum duly signed and stamped on eachpage as a token of acceptance (applicable ifissued).iv) Confirm Acceptance of Labour rates submittedas per Annexure-11 of SCC.4. Confirm that price has been submitted in 1ORIGINAL only in a separately sealed envelopesuperscribing “PRICE PART”5. Rates/ amount must be filled in format for`Schedule of Rates’ enclosed as part of BiddingDocument. If quoted in separate typed sheetsand any variation in item description, unit orquantity is noticed, the bid is liable to berejected. In any case, Bidder shall be presumedto have quoted against the tendered descriptionof work and the same shall be binding on theBidder. Please confirm.6. Confirm that deviation/ terms & conditions arenot mentioned in the price part. In case anyterms and condition is mentioned in the pricepart, the same shall be treated as null and void.7. Confirm that correction fluid is not used in theprice part. (In case of any correction, the sameshall be signed and stamped by authorisedsignatory).Bidder’s Reply/ Confirmation\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

Sl.MECON’s QueryNo.8. Confirm that you have studied complete BiddingDocument including Technical and commercialpart and your Bid is in accordance with therequirements of the Bidding Document.9. Confirm your compliance to total Scope of Workmentioned in the Bidding Document.10. Confirm your acceptance for `Scope of Supply’as mentioned in Bidding Document.11. Confirm your acceptance for `Time Schedule’ asmentioned in Bidding Document.12. Confirm that your quoted price includesfollowing taxes/ duties, insurance etc.i) All taxes, charges and duties assessed or leviedin respect of profits earned or income receivableby the Contractor by reason of this Contract.ii) All taxes, duties as per applicable for this WORKin accordance with the provision of GeneralConditions of Contract and Special Conditions ofContract.iii) All types of insurance as per the provisions ofGeneral Conditions of Contract and SpecialConditions of Contract.13. Confirm that you have proposed adequateproject/ site organisation with qualifiedsupervisory personnel having requisiteexperience including personnel responsible forsafety, planning stores, QA/ QC etc.14. Confirm that all costs resulting from safeexecution of WORK, such as safety induction,use of protective clothing, safety glasses andhelmet, safety precaution taken duringmonsoon, or any other safety measures to beundertaken by the Contractor for execution ofwork are included in the quoted rates.15. Confirm the following :i) The planning schedule, manpower estimates,construction equipment deployment scheduleetc., submitted by the bidder with his Bid, areindicative and shall not be basis for extracompensation in case actual needs are higher.Bidder’s Reply/ Confirmationii) Detailed planning schedule developed byCONTRACTOR after contract award may besubject to fluctuations depending upon actualprogress of the project and available work front.iii) Co-ordination and making available byContractor of all staff, manpower, constructionequipment, tools, cranes, etc. and materials are\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

Sl.MECON’s QueryNo.required for a timely completion of all WORK asper Owner’s construction and priority scheduleand in accordance with the available work frontare include in the quoted rates.iv) Bio-Data of Key Personnel(s), such as ProjectManager, Construction Manager, Lead Engineerfor all relevant categories have been submittedin your Bid.16. Please confirm that the deployment schedule ofsupervisory personnel(s) & deployment scheduleof construction equipment shall be reviewed andfirmed up after award of work17. Confirm that the loading schedule for the pricecomparison purpose (extended staycompensation) is enclosed with the price bid. Ifnot enclosed shall be considered as NIL as pertender document.Note:Please note that Schedule of Rates/ Pricesembodied in the Bidding Document is deemedto include all activities of work specified underScope of Work, Scope of Supply, technicalspecifications, Conditions of Contract, drawingsor any other document forming part of BiddingDocument, irrespective of whether suchactivities of work are specified in the Scheduleof Rates/ Prices or not.Bidder’s Reply/ Confirmation________________________________(STAMP & SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

CHECK LIST{Annexure – IV to Instruction to Bidder (ITB)}\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

CHECK LIST FOR SUBMISSION OF BIDBidder is requested to fill this check list and ensure that all details/ documents have beenfurnished as called for in the Bidding Document alongwith duly filled in, signed & stampedcheck list with each copy of the “Unpriced Part” of his bid.(A)EMD/ BG DETAILS ETC.(A.1) Letter of Submission (i.e. F-2 : Bid Form)Submitted(A.2) EMD/ BID GUARANTEE/ BID SECURITYBidder to confirm that EMD/Bid Guarantee/ Bid Security hasBeen submitted by them asper Tender Proforma (i.e. F4, F4A)Submitted(1) By Bank GuaranteeBG No. ___________ dt. _______ fromBank ________________________ Branch __________For Rs. ___________________Valid Till ___________________OR(2) By Demand DraftDD No. __________________ dt. _________Drawn on _____________________________For Rs. ___________________Original shall be submitted in original copy and its zerox copy in other copies.\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

(A.3) CHECK LISTThis check list duly filled inSubmitted(B)CONFIRMATION OF VARIOUS FORMATS(B.1)Past Similar work done duringfive years as per Format : F-8Submitted(B.2) Present Commitments as per Format : F-9Submitted(B.3)Financial Details as per Format : F-3ASubmitted(B.4)Audited Balance Sheet includingprofit and loss account statementfor the last three yearsSubmitted(B.5)Latest Income Tax Clearance Certificate(Issue date of ITCC should not be earlierthan 1 year from the date of opening ofTechno-commercial Part)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.docSubmitted for the years :1) ______________________2) ______________________3) ______________________

SubmittedITCC Dated ____________(B.6)PF Registration CertificateSubmittedPF Registration No. ____________(B.7)Sales Tax Registration CertificateSubmittedSales Tax Registration No. _________(B.8)Fresh Solvency certificate from your Bankers(Date of Issue of this certificate should notbe earlier than 1 year from the date ofopening of Techno-commercial Part)SubmittedCertificate Dated _________________From (Name of Bank _____________________________________________(B.9)Power of Attorney in favour of the personwho has signed the bid on stamp paper ofappropriate valueSubmitted(B.10) Partnership Deed in case of partnership firmand Article of Association in case of limitedcompanySubmitted(B.11) Deployment List of Supervisory personnel :Submitted\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

(B.12) Confirmation regarding acceptance ofMinimum No. of major equipmentAs per Annexure-9 of SCC.Submitted(B.13) Confirmation regarding acceptance ofminimum no. of skilled labour as perAnnexure-10 of SCCSubmitted(B.14) A Tentative Quality Assurance Plan in linewith Spec. and Format :Submitted(B.15) Site Organisation Chart as per Format - F-11 :Submitted(B.16) Bio-Data of key supervisory personnel suchas Project Manager, Construction Manager,QA/ QC Manager, lead engineer, site engineeretc.:Submitted(B.17) An overall schedule in the form ofBar Chart as per Format - F-12 :Submitted(B.18) Confirmation regarding acceptance ofSchedule of Labour Rates of Annexure-11of SCC as per Format - F-13Submitted\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

(B.19) Confirmation regarding acceptance ofschedule of equipment rates ofAnnexure-12 of SCC as per Format - F-14Submitted(B.20) A copy of SOR (without prices) duly signed,& stamped as per SOR FormatSubmitted(C)(C.1)NO DEVIATION & COMMERCIAL QUERY ETC.No Deviation Confirmationas per Format - F-6 :Submitted(C.2)Reply to commercial questionnaire,technical questionnaire with Bidder’sreply/ confirmation for each as perFormat F-3/4Submitted(D)(D.1)REGARDING TECHNICAL DETAILSTechnical Details/ Documents specifiedin Technical PartSubmittedNot Applicable\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

(E)CONFIRM THE FOLLOWING REGARDING OVERALL BID DOCUMENT(E.1) All pages of the bid have been page YESnumbered in sequential manner(E.2) The bid has been submitted in requisite YESnumber of copies as specified inInstructions to Bidders(E.3) Original copy of Bidding Document & YESDrawings alongwith Addendum, if any,has been submitted alongwith offer,duly signed and stamped on each page(E.4) Prices in ONE ORIGINAL COPY only YEShave been submitted in a separatelysealed envelope with price part(E.5)Rate for Extended Stay Compensation YEShave been submitted in same sealed envelopeas per Format F-15 only with price part._________________________________(STAMP & SIGNATURE OF BIDDER)\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc

\\Rajesh\RAJESH\Cavery\Tender\Construction Tender-Vol - I of II.doc1.0 GENERAL CONDITIONS OFCONTRACT(GCC)

GENERAL CONDITIONS OF CONTRACTFORPROCUREMENT OF WORKSGAIL (INDIA) LIMITED

TABLE OF CONTENTSSl.No.Description(i)(II)TABLE OF CONTENTSSUBMISSION OF TENDERSECTION-I (DEFINITIONS)1.0 Definition of TermsGENERAL CONDITIONS OF CONTRACTSECTION-II (GENERAL INFORMATIONS)2.0 General Information2.1 (a) Location of Site(b) Access by Road2.2 Scope of Work2.3 Water Supply2.4 Power Supply2.5 Land for Contractor's field office,Godown and Workshop2.6 Land for Residential AccommodationSECTION-III (GENERAL INSTRUCTIONS TO TENDERERS)3.0 Submission of Tender4.0 Documents4.1 General4.2 All pages to be initialed4.3 Rates to be in figures and words4.4 Corrections and Erasures4.5 Signature of Tenderer4.6 Witness4.7 Details of Experience4.8 Liability of Government of India5.0 Transfer of Tender Documents6.0 Earnest Money7.0 Validity8.0 Addenda/Corrigenda9.0 Right of Employer to Accept or Reject Tender10.0 Time Schedule11.0 Tenderer's Responsibility12.0 Retired Government or Company Officers13.0 Signing of the Contract14.0 Field Management & Controlling/CoordinatingAuthority15.0 Note to Schedule of Rates16.0 16.1 Policy for Tenders under consideration16.2 Zero Deviation17.0 Award of Contract18.0 Clarification of Tender Document19.0 Local Conditions20.0 Abnormal Rates

SECTION-IV (GENERAL OBLIGATIONS)21.1 Priority of Contract Documents21.2 Headings & Marginal Notes21.3 Singular and Plural21.4 Interpretation22.0 Special Conditions of Contract23.0 Contractor to obtain his own information24.0 Contract Performance Security25.0 Time of Performance25.1 Time for Mobilisation25.2 Time Schedule of Construction26.0 Force Majeure26.1 Conditions for Force Majeure26.2 Outbreak of War27.0 Price Reduction Schedule27.3 Bonus for Early Completion28.0 Rights of Employer to forfeit Contract Performance Security29.0 Failure by the Contractor to comply with theprovisions of the contract30.0 Contractor remains liable to pay compensationif action not taken under Clause 29.031.0 Change in Constitution32.0 -A Termination of Contract for Death32.0-BTermination of Contract for Liquidation,32.0-CBankruptcy etc.Termination of Contract for Non-Performance and subsequently putting theContractor on Holiday33.0 Members of the Employer not individually liable34.0 Employer not bound by personal representations35.0 Contractor's office at site36.0 Contractor's subordinate staff and their conduct37.0 Sub letting of Worksi) Sub contracts for Temporary works etc.ii) List of sub-contractors to be suppliediii) Contractor's liability not limited by Sub-Contractorsiv) Employer may terminate sub contractsv) No remedy for action taken under this clause38.0 Power of Entry39.0 Contractor's responsibility with Mechanical,Electrical, Intercommunication System, AirConditioning Contractors and other agencies40.0 Other Agencies at site41.0 Notices41.1 To the Contractor41.2 To the Employer42.0 Rights of various Interests43.0 Patents and Royalties44.0 Liens45.0 Delays by Employer or his authorised agents46.0 Payments if Contract is terminated47.0 No waiver of Rights48.0 Certificate not to affect Right of Employer and Liability of Contractor

49.0 Languages & Measures50.0 Transfer of Title51.0 Release of Information52.0 Brand Names53.0 Completion of Contract54.0 SparesSECTION-V (PERFORMANCE OF WORK)55.0 Execution of Work56.0 Co-ordination and Inspection of work57.0 Work in Monsoon & Dewatering58.0 Work on Sundays & Holidays59.0 General Conditions for construction &Erection Work60.0 Alterations in specification, Design &Extra Work61.0 Drawings to be supplied by the Employer62.0 Drawings to be supplied by the Contractor63.0 Setting out works64.0 Responsibility for Levels and Alignment65.0 Materials to be supplied by contractor66.0 Stores supplied by Employer67.0 Conditions for issue of material68.0 Materials Procured with assistance ofEmployer/Return of surplus69.0 Materials obtained from dismantling70.0 Articles of Value found71.0 Discrepancies between instructions72.0 Action where no specification is issued73.0 Inspection of Works74.0 Tests for Quality of Works75.0 Samples for approval76.0 Action and Compensation in case of bad work77.0 Suspension of Work78.0 Employer may do part of work79.0 Possession prior to completion80.0 Twelve months period of liability from thedate of issue of completion certificate80.3 Limitation of Liability81.0 Care of Works81.1 Defects prior to taking over81.2 Defects after taking over82.0 Guarantee/Transfer of Guarantee83.0 Training of Employer's personnel84.0 Replacement of Defective parts & materials85.0 Indemnity86.0 Construction Aids, Equipments, Tools & TacklesSECTION-VI (CERTIFICATES AND PAYMENTS)87.0 Schedule of Rates and Paymentsi) Contractor's Remunerationii) Schedule of Rates to be inclusiveiii) Schedule of Rates to cover construction

equipment, materials, labour etc.iv) Schedule of Rates to cover Royalties, Rentsand claims.v) Schedule of Rates to cover taxes & dutiesvi) Schedule of Rates to cover risks of delayvii) Schedule of Rates cannot be altered88.0 Procedure for Measurement and billingof works in progress88.1 Billing Procedure88.2 Secured Advance on materials88.3 Dispute in mode of measurement88.4 Rounding of Amounts89.0 Lumpsum in Tender90.0 Running Account Payments to be regardedas advances91.0 Notices of Claims for Additional Payments92.0 Payment of Contractor's bills93.0 Receipt for Payment94.0 Completion Certificate94.1 Application for Completion Certificate94.2 Completion Certificate94.3 Completion Certificate Documents95.0 Final Decision & Final Certificate96.0 Certificate and Payments No evidence of completion97.0 Deduction from Contract PriceSECTION-VII (TAXES AND INSURANCE)98.0 Taxes, Duties, Octroi etc.99.0 Sales Tax/Turnover Tax100.0 Statutory Variations101.0 Insurance101.1 Generali) Employees State Insurance Actii) Workmen Compensation and Employee's Liability Insuranceiii) Accident or injury to workmeniv) Transit Insurancev) Automobilevi) General Liabilityvii) Any other Insurance required under law or regulations by Employer102.0 Damage to Property or to any Person or any Third PartySECTION-VIII (LABOUR LAWS)103.0 Labour laws104.0 Implementation of Apprentices Act 1961105.0 Contractor to indemnify the Employer106.0 Health and Sanitary Arrangement for workerSECTION-IX (APPLICABLE LAWS AND SETTLEMENT OF DISPUTES)107.0 Arbitration108.0 JurisdictionSECTION-X (SAFETY CODES)

109.0 General110.0 Safety Regulations111.0 First Aid and Industrial Injuries112.0 General Rules113.0 Contractor's barricades114.0 Scaffolding115.0 Excavation and Trenching116.0 Demolition/General Safety117.0 Care in Handling Inflammable Gas118.0 Temporary Combustible Structures119.0 Precautions Against Fire120.0 Explosives121.0 Mines Act122.0 Preservation of Places123.0 Outbreak of Infectious diseases124.0 Use of intoxicantsANNEXURES TO GCC1. Proforma of Agreement2. Proforma for Indemnity Bond for Advance against material

General Conditions of ContractSection- I. Definitions1. Definition of Terms: 1.1 In this CONTRACT (as here-in-after defined) the following words andexpressions shall have the meanings hereby assigned to them exceptwhere the context otherwise required.1.1.1 The EMPLOYER/COMPANY/GAIL means GAIL (INDIA) LTD., apublic limited company, incorporated under the Company’s act 1956and having its Registered office at 16, Bhikaji Cama Place, New Delhi110066 and includes its successors and assigns.1.1.2 The "CONTRACTOR" means the person or the persons, firm orCompany or corporation whose tender has been accepted by theEMPLOYER and includes the CONTRACTOR's legal Representativeshis successors and permitted assigns.1.1.3 The ENGINEER/ENGINEER-IN-CHARGE" shall mean the persondesignated from time to time by the GAIL and shall include those whoare expressly authorized by him to act for and on his behalf foroperation of this CONTRACT.1.1.4 The "WORK" shall mean and include all items and things to besupplied/ done and services and activities to be performed by theCONTRACTOR in pursuant to and in accordance with CONTRACT orpart thereof as the case may be and shall include all extra, additional,altered or substituted works as required for purpose of theCONTRACT.1.1.5 The "PERMANENT WORK" means and includes works which will beincorporated in and form a part of the work to be handed over to theEMPLOYER by the CONTRACTOR on completion of theCONTRACT.1.1.6 "CONSTRUCTION EQUIPMENT" means all appliances/equipmentand things whatsoever nature for the use in or for the execution,completion, operation, or maintenance of the work or temporary works(as hereinafter defined) but does not include materials or other thingsintended to form or to be incorporated into the WORK, or campingfacilities.1.1.7 "CONTRACT DOCUMENTS" means collectively the TenderDocuments, Designs, Drawings, Specification, Schedule of Quantitiesand Rates, Letter of Acceptance and agreed variations if any, andsuch other documents constituting the tender and acceptance thereof.1.1.8 CONSULTANT: means ------------------------------- who are the consultingengineer to the Employer for this project and having registered office at--------------------------------------------------------------------------------------------------------------------------------------------------------------1.1.9 The "SUB-CONTRACTOR" means any person or firm or Company(other than the CONTRACTOR) to whom any part of the work hasbeen entrusted by the CONTRACTOR, with the written consent of theENGINEER-IN-CHARGE, and the legal representatives, successorsand permitted assigns of such person, firm or company.1.1.10 The "CONTRACT” shall mean the Agreement between the

EMPLOYER and the CONTRACTOR for the execution of the worksincluding therein all contract documents.1.1.11 The "SPECIFICATION" shall mean all directions the various technicalspecifications, provisions attached and referred to the TenderDocuments which pertain to the method and manner of performing thework or works to the quantities and qualities of the work or works andthe materials to be furnished under the CONTRACT for the work orworks, as may be amplified or modified by the GAIL orENGINEER-IN-CHARGE during the performance of CONTRACT inorder to provide the unforseen conditions or in the best interests of thework or works. It shall also include the latest edition of relevantStandard Specifications including all addenda/corrigenda publishedbefore entering into CONTRACT.1.1.12 The "DRAWINGS" shall include maps, plans and tracings or prints orsketches thereof with any modifications approved in writing by theENGINEER- IN-CHARGE and such other drawing as may, from timeto time, be furnished or approved in writing by theENGINEER-IN-CHARGE.1.1.13 The "TENDER" means the proposal along with supporting documentssubmitted by the CONTRACTOR for consideration by theEMPLOYER.1.1.14 The "CHANGE ORDER" means an order given in writing by theENGINEER-IN-CHARGE to effect additions to or deletion from andalteration in the works.1.1.15 The "COMPLETION CERTIFICATE" shall mean the certificate to beissued by the ENGINEER-IN-CHARGE when the works have beencompleted entirely in accordance with CONTRACT DOCUMENT to hissatisfaction.1.1.16 The "FINAL CERTIFICATE" in relation to a work means the certificateregarding the satisfactory compliance of various provision of theCONTRACT by the CONTRACTOR issued by the ENGINEER-IN-CHARGE/EMPLOYER after the period of liability is over.1.1.17 “DEFECT LIABILITY PERIOD” in relation to a work means thespecified period from the date of COMPLETION CERTIFICATE uptothe date of issue of FINAL CERTIFICATE during which theCONTRACTOR stands responsible for rectifying all defects that mayappear in the works executed by the CONTRACTOR in pursuance ofthe CONTRACT and includes warranties againstManufacturing/Fabrication/ Erection/Construction defects covering allmaterials plants, equipment, components, and the like supplied by theCONTRACTOR, works executed against workmanship defects.1.1.18 The "APPOINTING AUTHORITY" for the purpose of arbitration shallbe the CHAIRMAN and MANAGING DIRECTOR or any other personso designated by the EMPLOYER.1.1.19 "TEMPORARY WORKS" shall mean all temporary works of every kindrequired in or about the execution, completion or maintenance ofworks.1.1.20 "PLANS" shall mean all maps, sketches and layouts as areincorporated in the CONTRACT in order to define broadly the scopeand specifications of the work or works, and all reproductions thereof.

1.1.21 "SITE" shall mean the lands and other places on, under, in or throughwhich the permanent works are to be carried out and any other landsor places provided by the EMPLOYER for the purpose of theCONTRACT.1.1.22 "NOTICE IN WRITING OR WRITTEN NOTICE" shall mean a notice inwritten, typed or printed characters sent (unless delivered personally orotherwise proved to have been received by the addressee) byregistered post to the latest known private or business address orregistered office of the addressee and shall be deemed to have beenreceived in the ordinary course of post it would have been delivered.1.1.23 "APPROVED" shall mean approved in writing including subsequentwritten confirmation of previous verbal approval and "APPROVAL"means approval in writing including as aforesaid.1.1.24 "LETTER OF INTENT/FAX OF INTENT” shall mean intimation by aFax/Letter to Tenderer(s) that the tender has been accepted inaccordance with the provisions contained in the letter.1.1.25 "DAY" means a day of 24 hours from midnight to midnight irrespectiveof the number of hours worked in that day.1.1.26 "WORKING DAY" means any day which is not declared to be holidayor rest day by the EMPLOYER.1.1.27 "WEEK" means a period of any consecutive seven days.1.1.28 "METRIC SYSTEM" - All technical documents regarding theconstruction of works are given in the metric system and all work in theproject should be carried out according to the metric system. Alldocuments concerning the work shall also be maintained in the metricsystem.1.1.29 "VALUE OF CONTRACT” or “TOTAL CONTRACT PRICE” shall meanthe sum accepted or the sum calculated in accordance with the pricesaccepted in tender and/or the CONTRACT rates as payable to theCONTRACTOR for the entire execution and full completion of thework, including change order.1.1.30 "LANGUAGE FOR DRAWINGS AND INSTRUCTION" All thedrawings, titles, notes, instruction, dimensions, etc. shall be in EnglishLanguage.1.1.31 "MOBILIZATION" shall mean establishment of sufficiently adequateinfrastructure by the CONTRACTOR at "SITE" comprising ofconstruction equipments, aids, tools tackles including setting of siteoffices with facilities such as power, water, communication etc.establishing manpower organisation comprising of ResidentEngineers, Supervising personnel and an adequate strength of skilled,semi-skilled and un-skilled workers, who with the so establishedinfrastructure shall be in a position to commence execution of work atsite(s), in accordance with the agreed Time Schedule of Completion ofWork. "MOBILISATION" shall be considered to have been achieved, ifthe CONTRACTOR is able to establish infrastructure as per TimeSchedule, where so warranted in accordance with agreed schedule ofwork implementation to the satisfaction of ENGINEER-IN-CHARGE/EMPLOYER.

1.1.32 "COMMISSIONING" shall mean pressing into service of the systemincluding the plant(s), equipment(s), vessel(s), pipeline,machinery(ies), or any other section or sub-section of installation(s)pertaining to the work of the CONTRACTOR after successful testingand trial runs of the same.• "COMMISSIONING" can be either for a completed system or a partof system of a combination of systems or sub-systems and can beperformed in any sequence as desired by EMPLOYER and in amanner established to be made suited according to availability ofpre-requisites. Any such readjustments made by EMPLOYER inperformance of "COMMISSIONING" activity will not be construed tobe violating CONTRACT provisions and CONTRACTOR shall bedeemed to have provided for the same.Section-II General Informations2. General Information 2.1 a) Location of Site: The proposed location of Project site is defined inthe Special Conditions of Contract.b) Access by Road: CONTRACTOR, if necessary, shall build othertemporary access roads to the actual site of construction for his ownwork at his own cost. The CONTRACTOR shall be required to permitthe use of the roads so constructed by him for vehicles of any otherparties who may be engaged on the project site. The CONTRACTORshall also facilitate the construction of the permanent roads should theconstruction there of start while he is engaged on this work. He shallmake allowance in his tender for any inconvenience he anticipates onsuch account.Non-availability of access roads, railway siding and railway wagons forthe use of the CONTRACTOR shall in no case condone any delay inthe execution of WORK nor be the cause for any claim forcompensation against the EMPLOYER.2.2 Scope of Work: The scope of WORK is defined in the Technical Part of thetender document. The CONTRACTOR shall provide all necessarymaterials, equipment, labour etc. for the execution and maintenance of theWORK till completion unless otherwise mentioned in the TenderDocument.2.3 Water Supply: Contractor will have to make his own arrangements forsupply of water to his labour camps and for works. All pumpinginstallations, pipe net work and distribution system will have to be carriedout by the Contractor at his own risk and cost.Alternatively the Employer at his discretion may endeavour to provide waterto the Contractor at the Employer's source of supply provided theContractor makes his own arrangement for the water meter which shall bein custody of the Employer and other pipe net works from source of supplyand such distribution pipe network shall have prior approval of theEngineer-in-Charge so as not to interfere with the layout and progress ofthe other construction works. In such case, the rate for water shall be

deducted from the running account bills.However, the Employer does not guarantee the supply of water and thisdoes not relieve the Contractor of his responsibility in making his ownarrangement and for the timely completion of the various works asstipulated.2.4 Power Supply:2.4.1 Subject to availability, EMPLOYER will supply power at 400/440 V atonly one point at the nearest sub-station, from where theCONTRACTOR will make his own arrangement for temporarydistribution. The point of supply will not be more than 500 m awayfrom the CONTRACTOR'S premises. All the works will be done as perthe applicable regulations and passed by theENGINEER-IN-CHARGE. The temporary line will be removedforthwith after the completion of work or if there is any hindrancecaused to the other works due to the alignment of these lines, theCONTRACTOR will re-route or remove the temporary lines at his owncost. The CONTRACTOR at his cost will also provide suitable electricmeters, fuses, switches, etc. for purposes of payment to theEMPLOYER which should be in the custody and control of theEMPLOYER. The cost of power supply shall be payable to theEMPLOYER every month for Construction Works power which wouldbe deducted from the running account bills. The EMPLOYER shallnot, however, guarantee the supply of electricity nor have any liabilityin respect thereof. No claim for compensation for any failure or shortsupply of electricity will be admissible.2.4.2 It shall be the responsibility of the CONTRACTOR to provide andmaintain the complete installation on the load side of the supply withdue regard to safety requirement at site. All cabling, equipment,installations etc. shall comply in all respects with the latest statutoryrequirements and safety provisions i.e., as per the Central/StateElectricity Acts and Rules etc. The CONTRACTOR will ensure that hisequipment and Electrical Wiring etc., are installed, modified,maintained by a licensed Electrician/Supervisor. A test certificate is tobe produced to the ENGINEER-IN-CHARGE for his approval, beforepower is made available.2.4.3 At all times, IEA regulations shall be followed failing which theEMPLOYER has a right to disconnect the power supply without anyreference to the CONTRACTOR. No claim shall be entertained forsuch disconnection by the ENGINEER-IN-CHARGE. Power supplywill be reconnected only after production of fresh certificate fromauthorized electrical supervisors.2.4.4 The EMPLOYER is not liable for any loss or damage to theCONTRACTOR's equipment as a result of variation in voltage orfrequency or interruption in power supply or other loss to theCONTRACTOR arising therefrom.2.4.5 The CONTRACTOR shall ensure that the Electrical equipmentinstalled by him are such that average power factors does not fallbelow 0.90 at his premises. In case power factor falls below 0.90 inany month, he will reimburse to the EMPLOYER at the penal ratedetermined by the EMPLOYER for all units consumed during themonth.2.4.6 The power supply required for CONTRACTOR's colony near the plant

site will be determined by the EMPLOYER and shall be as per StateElectricity Board's Rules and other statutory provisions applicable forsuch installations from time to time. In case of power supply toCONTRACTOR's colony, the power will be made available at a singlepoint and the CONTRACTOR shall make his own arrangement at hisown cost for distribution to the occupants of the colony as perElectricity Rules and Acts. The site and colony shall be sufficientlyilluminated to avoid accidents.2.4.7 The CONTRACTOR will have to provide and install his own lights andpower meters which will be governed as per Central/State GovernmentElectricity Rules. The metres shall be sealed by the EMPLOYER.2.4.8 In case of damage of any of the EMPLOYER’s equipment on accountof fault, intentional or unintentional on the part of the CONTRACTOR,the EMPLOYER reserves the right to recover the cost of such damagefrom the CONTRACTOR's bill. Cost of HRC Fuses replaced at theEMPLOYER's terminals due to any fault in the CONTRACTOR'sinstallation shall be to CONTRACTOR's account at the rates decidedby the ENGINEER-IN-CHARGE.2.4.9 Only motors upto 3 HP will be allowed to be started direct on line. Formotors above 3 HP and upto 100 HP a suitable Starting deviceapproved by the ENGINEER- IN-CHARGE shall be provided by theCONTRACTOR. For motors above 100 HP slipring induction motorswith suitable starting devices as approved by the ENGINEER-IN-CHARGE shall be provided by the CONTRACTOR.2.4.10 The CONTRACTOR shall ensure at his cost that all electrical lines andequipment and all installations are approved by the State ElectricityInspector before power can be supplied to the EMPLOYER.2.4.11 The total requirement of power shall be indicated by the tendereralongwith his tender.2.5 Land for Contractor’s Field Office, Godown and Workshop: TheEMPLOYER will, at his own discretion and convenience and for theduration of the execution of the work make available near the site, land forconstruction of CONTRACTOR's Temporary Field Office, godownsworkshops and assembly yard required for the execution of theCONTRACT. The CONTRACTOR shall at his own cost construct all thesetemporary buildings and provide suitable water supply and sanitaryarrangement and get the same approved by the ENGINEER-IN-CHARGE.On completion of the works undertaken by the CONTRACTOR, he shallremove all temporary works erected by him and have the SITE cleaned asdirected by ENGINEER-IN-CHARGE. If the CONTRACTOR shall fail tocomply with these requirements, the ENGINEER-IN-CHARGE may at heexpenses of the CONTRACTOR remove such surplus, and rubbishmaterials and dispose off the same as he deems fit and get the site clearedas aforesaid; and CONTRACTOR shall forthwith pay the amount of allexpenses so incurred and shall have no claim in respect of any suchsurplus materials disposed off as aforesaid. But the EMPLOYER reservesthe right to ask the CONTRACTOR any time during the pendency of theCONTRACT to vacate the land by giving 7 days notice on security reasonsor on national interest or otherwise. Rent may be charged for the land sooccupied from contractor by the Employer.The CONTRACTOR shall put up temporary structures as required by themfor their office, fabrication shop and construction stores only in the area

allocated to them on the project site by the EMPLOYER or his authorisedrepresentative. No tea stalls/canteens should be put up or allowed to beput up by any CONTRACTOR in the allotted land or complex area withoutwritten permission of the EMPLOYER.No unauthorised buildings, constructions or structures should be put up bythe CONTRACTOR anywhere on the project site.For uninterrupted fabrication work, the CONTRACTOR shall put uptemporary covered structures at his cost within Area in the locationallocated to them in the project site by the EMPLOYER or his authorisedrepresentative.No person except for authorised watchman shall be allowed to stay in theplant area/CONTRACTOR's area after completion of the day's job withoutprior written permission from ENGINEER-IN-CHARGE.2.6 Land for Residential Accommodation:-:No Land shall be made available forresidential accommodation for staff and labour of CONTRACTOR.Section-III.General Instructions to Tenderers3. Submission of Tender: 3.1 TENDER must be submitted without making any additions, alterations, andas per details given in other clauses hereunder. The requisite details shallbe filled in by the TENDERER at space provided under “Submission ofTender at the beginning of GCC of Tender Document. The rate shall befilled only in the schedule given in this Tender Document.3.2 Addenda/Corrigenda to this Tender Document, if issued, must be signed,submitted alongwith the Tender Document. the tenderer should writeclearly the revised quantities in Schedule of Rates of Tender Documentand should price the WORK based on revised quantities whenamendments of quantities are issued in addenda.3.3 Covering letter alongwith its enclosures accompanying the TenderDocument and all further correspondence shall be submitted induplicate.3.4 Tenderers are advised to submit quotations based strictly on the terms andconditions and specifications contained in the Tender Documents andnot to stipulate any deviations.3.5 Tenders should always be placed in double sealed covers, superscribing["QUOTATION DO NOT OPEN" Tender for_________________________ Project of GAIL (India) Limited due foropening on _______________________]. The Full Name, Addressand Telegraphic Address, Fax No. of the Tenderers shall be written onthe bottom left hand corner of the sealed cover.4. Documents: 4.1 General:The tenders as submitted, will consist of the following:i) Complete set of Tender Documents (Original) as sold duly filled inand signed by the tenderer as prescribed in different clauses of

the Tender Documents.ii)Earnest money in the manner specified in Clause 6 hereof.iii) Power of Attorney or a true copy thereof duly attested by aGazetted Officer in case an authorised representative hassigned the tender, as required by Clause 14 hereof.iv) Information regarding tenderers in the proforma enclosed.v) Details of work of similar type and magnitude carried out by theTenderer in the proforma provided in the tender document.vi) Organisation chart giving details of field management at site, thetenderer proposes to have for this job.vii) Details of construction plant and equipments available with thetenderer for using in this work.viii) Solvency Certificate from Scheduled Bank to prove the financialability to carry out the work tendered for.ix) Latest Balance Sheet and Profit & Loss Account duly audited.x) Details of present commitment as per proforma enclosed totender.xi) Data required regarding SUB-CONTRACTOR(s)/ Supplier/Manufacturers and other technical informations the tendererwish to furnish.xii) Provident fund registration certificatexiii) List showing all enclosures to tender.4.2 All pages are to be Initiated: All signatures in Tender Documents shall bedated, as well as, all the pages of all sections of Tender Documents shallbe initialed at the lower right hand corner and signed wherever required inthe tender papers by the TENDERER or by a person holding power ofattorney authorising him to sign on behalf of the tenderer beforesubmission of tender.4.3 Rates to be in Figures and Words: The tender should quote in Englishboth in figures as well as in words the rates and amounts tendered by himin the Schedule of Rates of Tender submitted by the CONTRACTOR foreach item and in such a way that interpolation is not possible. The amountfor each item should be worked out and entered and requisite total givenof all items, both in figures and in words. The tendered amount for thework shall be entered in the tender and duly signed by the Tenderer.If some discrepancies are found between the RATES in FIGURESand WORDS or the AMOUNT shown in the tender, the followingprocedure shall be followed:a) When there is difference between the rates in figures and words,the rate which corresponds to the amount worked out by thetenderer shall be taken as correct.b) When the rate quoted by the tenderer in figures and words tally butthe amount is incorrect the rate quoted by the tenderer shall be

taken as correct.c) When it is not possible to ascertain the correct rate by either ofabove methods, the rate quoted in words shall be taken as correct.4.4 Corrections and Erasures: All correction(s) and alteration(s) in the entriesof tender paper shall be signed in full by the TENDERER with date. Noerasure or over writing is permissible.4.5 Signature of Tenderer:4.5.1 The TENDERER shall contain the name, residence and place ofbusiness of person or persons making the tender and shall be signedby the TENDERER with his usual signature. Partnership firms shallfurnish the full names of all partners in the tender. It should be signedin the partnership's name by all the partners or by duly authorisedrepresentatives followed by the name and designation of the personsigning. Tender by a corporation shall be signed by an authorisedrepresentative, and a Power of Attorney in that behalf shallaccompany the tender. A copy of the constitution of the firm withnames of all partners shall be furnished.4.5.2 When a tenderer signs a tender in a language other than English, thetotal amount tendered should, in addition, be written in the samelanguage. The signature should be attested by at least one witness.4.6 Witness: Witness and sureties shall be persons of status and property andtheir names, occupation and address shall be stated below their signature.4.7 Details of Experience: The tenderer should furnish, alongwith his tender,details of previous experience in having successfully completed in therecent past works of this nature, together with the names of Employers,location of sites and value of contract, date of commencement andcompletion of work, delays if any, reasons of delay and other detailsalongwith documentary evidence(s).4.8 Liability of Government of India: It is expressly understood and agreed byand between Bidder or/Contractor and M/s GAIL (India) Limited, andthat M/s GAIL (India) Ltd., is entering into this agreement solely on itsown behalf and not on behalf of any other person or entity. In particular,it is expressly understood and agreed that the Government of India isnot a party to this agreement and has no liabilities, obligations or rightshereunder. It is expressly understood and agreed that M/s GAIL (India)Ltd. is an independent legal entity with power and authority to enter intocontracts solely on its own behalf under the applicable Laws of Indiaand general principles of Contract Law. The Bidder/Contractorexpressly agrees, acknowledges and understands that M/s GAIL (India)Ltd. is not an agent, representative or delegate of the Government ofIndia. It is further understood and agreed that the Government of Indiais not and shall not be liable for any acts, omissions, commissions,breaches or other wrongs arising out of the contract. Accordingly,Bidder/Contractor hereby expressly waives, releases and foregoes anyand all actions or claims, including cross claims, impleader claims orcounter claims against the Government of India arising out of thiscontract and covenants not to sue to Government of India as to anymanner, claim, cause of action or thing whatsoever arising of or underthis agreement.5. Transfer of TenderDocuments:5.1 Transfer of Tender Documents purchased by one intending tenderer toanother is not permissible.

6. Earnest Money: 6.1 The bidder must pay Earnest Money as given in the letter /notice invitingtenders and attach the official receipt with the tender failing which thetender is liable to be rejected and representatives of such tendererswill not be allowed to attend the tender opening. Earnest Money canbe paid in Demand Drafts or Bank Guarantee or Banker’s Cheque orLetter of Credit from any Indian scheduled bank or a branch of anInternational bank situated in India and registered with ReserveBank of India as scheduled foreign bank. However, other than theNationalised Indian Banks, the banks whose BGs are furnished,must be commercial banks having net worth in excess of Rs. 100crores and a declaration to this effect should be made by suchcommercial bank either in the bank guarantee itself or separately ona letter head.The bid guarantee shall be submitted in the prescribed format .Note: The Bank Guarantee so furnished by the tenderer shall be in theproforma prescribed by the EMPLOYER. No interest shall be paid bythe EMPLOYER on the Earnest Money deposited by the tenderer.The Bank Guarantee furnished in lieu of Earnest Money shall be keptvalid for a period of "SIX MONTHS" from the date of opening oftender.(TWO MONTHS beyond the bid due date).The Earnest Money deposited by successful tenderer shall be forfeitedif the Contractor fails to furnish the requisite Contract PerformanceSecurity as per clause 24 hereof and /or fails to start work within aperiod of 15 days or fails to execute the AGREEMENT within 15 daysof the receipt by him of the Notification of Acceptance of Tender.Note: The Earnest Money of the unsuccessful bidder will be returnedby EMPLOYER/CONSULTANT, directly to the tenderer (s), withina reasonable period of time but not later than 30 days after theexpiration of the period of bid validity prescribed by EMPLOYER.7 Validity: 7.1 Tender submitted by tenderers shall remain valid for acceptance for aperiod of "4 MONTHS" from the date of opening of the tender. Thetenderers shall not be entitled during the said period of 4 months,without the consent in writing of the EMPLOYER, to revoke or cancelhis tender or to vary the tender given or any term thereof. In case oftender revoking or canceling his tender or varying any term in regardthereof without the consent of EMPLOYER in writing, the EMPLOYERshall forfeit Earnest Money paid by him alongwith tender.8 Addenda/Corrigenda 8.1 Addenda/ Corrigenda to the Tender Documents will be issued in duplicateprior to the date of opening of the tenders to clarify documents or toreflect modification in design or CONTRACT terms.8.2 Each addenda/ corrigendum issued will be issued in duplicate to eachperson or organisation to whom set of Tender Documents has beenissued. Recipient will retain tenderer's copy of eachAddendum/Corrigendum and attach original copy duly signed alongwith his offer. All Addenda/Corrigenda issued shall become part ofTender Documents.9 Right of Employer toAccept or Reject Tender:9.1 The right to accept the tender will rest with the EMPLOYER. TheEMPLOYER, however, does not bind himself to accept the lowesttender, and reserves to itself the authority to reject any or all the

tenders received without assigning any reason whatsoever. At theoption of the Employer, the work for which the tender had been invited,may be awarded to one Contractor or split between more than onebidders, in which case the award will be made for only that part of thework, in respect of which the bid has been accepted. The quoted ratesshould hold good for such eventualities.Tenders in which any of the particulars and prescribed information aremissing or are incomplete in any respect and/or the prescribedconditions are not fulfilled are liable to be rejected. The Tendercontaining uncalled for remarks or any additional conditions are liableto be rejected.Canvassing in connection with tenders is strictly prohibited andtenders submitted by the Tenderers who resort to canvassing will beliable to rejection.10 Time Schedule 10.1 The WORK shall be executed strictly as per the TIME SCHEDULEspecified in TENDER/CONTRACT Document. The period ofconstruction given in Time Schedule includes the time required formobilisation as well as testing, rectifications if any, retesting andcompletion in all respects to the entire satisfaction of theENGINEER-IN- CHARGE.10.2 A joint programme of execution of the WORK will be prepared by theENGINEER-IN-CHARGE and CONTRACTOR based on priorityrequirement of this project. This programme will take into account thetime of completion mentioned in 10.1 above and the time allowed forthe priority works by the ENGINEER-IN-CHARGE.10.3 Monthly/Weekly construction programme will; be drawn up by theENGINEER-IN-CHARGE jointly with the CONTRACTOR, based onavailability of work fronts and the joint construction programme as per10.2 above. The CONTRACTOR shall scrupulously adhere to thesetargets /programmes by deploying adequate personnel, constructiontools and tackles and he shall also supply himself all materials of hisscope of supply in good time to achieve the targets/programmes. In allmatters concerning the extent of targets set out in the weekly andmonthly programmes and the degree of achievements the decision ofthe ENGINEER-IN-CHARGE will be final and binding on theCONTRACTOR.11 Tenderer’s Responsibility 11.1 The intending tenderers shall be deemed to have visited the SITE andfamiliarised submitting the tender. Non-familiarity with the siteconditions will not be considered a reason either for extra claims or fornot carrying out the works in strict conformity with the DRAWINGS andSPECIFICATIONS or for any delay in performance.12 Retired Government orCompany Officers12.1 No Engineer of Gazetted rank or other Gazetted Officer employed inEngineering or Administrative duties in an Engineering Department ofthe States/ Central Government or of the EMPLOYER is allowed towork as a CONTRACTOR for a period of two years after his retirementfrom Government Service, or from the employment of the EMPLOYERwithout the previous permission of the EMPLOYER. The CONTRACT,if awarded, is liable to be cancelled if either the CONTRACTOR or anyof his employees is found at any time to be such a person, who hasnot obtained the permission of the State/Central Government or of theEMPLOYER as aforesaid before submission of tender, or engagementin the CONTRACTOR'S service as the case may be.

13 Signing of the Contract: 13.1 The successful tenderer shall be required to execute an AGREEMENTin the proforma attached with TENDER DOCUMENT within 15 days ofthe receipt by him of the Notification of Acceptance of Tender. In theevent of failure on the part of the successful tenderer to sign theAGREEMENT within the above stipulated period, the Earnest Moneyor his initial deposit will be forefeited and the acceptance of the tendershall be considered as cancelled.14 Field Management &Controlling/CoordinatingAuthority:14.1 The field management will be the responsibility of theENGINEER-IN-CHARGE, who will be nominated by the EMPLOYER.The ENGINEER-IN-CHARGE may also authorise his representativesto assist in performing his duties and functions.14.2 The ENGINEER-IN-CHARGE shall coordinate the works of variousagencies engaged at site to ensure minimum disruption of work carriedout by different agencies. It shall be the responsibility of theCONTRACTOR to plan and execute the work strictly in accordancewith site instructions to avoid hindrance to the work being executed byother agencies.15 Note to Schedule ofRates:15.1 The Schedule of Rates should be read in conjunction with all the othersections of the tender.15.2 The tenderer shall be deemed to have studied the DRAWINGS,SPECIFICATIONS and details of work to be done within TIMESCHEDULE and to have aquainted himself of the condition prevailingat site.15.3 Rates must be filled in the Schedule of Rates of original TenderDocuments. If quoted in separate typed sheets no variation in itemdescription or specification shall be accepted. Any exceptions taken bythe tenderer to the Schedule of Rates shall be brought out in the termsand conditions of the offer.15.4 The quantities shown against the various items are only approximate.Any increase or decrease in the quantities shall not form the basis ofalteration of the rates quoted and accepted.15.5 The EMPLOYER reserves the right to interpolate the rates for suchitems of work falling between similar items of lower and highermagnitude.16 Policy for Tenders UnderConsideration:16.1 Only Those Tenders which are complete in all respects and are strictlyin accordance with the Terms and Conditions and TechnicalSpecifications of Tender Document, shall be considered for evaluation.Such Tenders shall be deemed to be under consideration immediatelyafter opening of Tender and until such time an official intimation ofacceptance /rejection of Tender is made by GAIL to the Bidder.16.2 Zero Deviation: Bidders to note that this is a ZERO DEVIATIONTENDER. GAIL will appreciate submission of offer based on theterms and conditions in the enclosed General Conditions of Contract(GCC), Special Conditions of Contract (SCC), Instructions toBidders (ITB), Scope of Work, technical specifications etc. to avoidwastage of time and money in seeking clarifications on technical/commercial aspects of the offer. Bidder may note that no technicaland commercial clarifications will be sought for after the receipt ofthe bids. In case of any deviation/nonconformity observed in the bid,it will be liable for rejection.

17 Award of Contract: 17.1 The Acceptance of Tender will be intimated to the successful Tendererby GAIL either by Telex/ Telegram/ Fax or by Letter or likemeans-defined as LETTER OF ACCEPTANCE OF TENDER.17.2 GAIL will be the sole judge in the matter of award of CONTRACT andthe decision of GAIL shall be final and binding.18 Clarification of TenderDocument:18.1 The Tender is required to carefully examine the TechnicalSpecifications, Conditions of Contract, Drawings and other detailsrelating to WORK and given in Tender Document and fully informhimself as to all conditions and matters which may in any way affectthe WORK or the cost thereof. In case the Tenderer is in doubt aboutthe completeness or correctness of any of the contents of the TenderDocuments he should request in writing for aninterpretation/clarification to GAIL in triplicate. GAIL will then issueinterpretation/clarification to Tenderer in writing. Such clarificationsand or interpretations shall form part of the Specifications andDocuments and shall accompany the tender which shall be submittedby tenderer within time and date as specified in invitations to tender.18.2 Verbal clarification and information given by GAIL or its employee(s) orits representatives shall not in any way be binding on GAIL.19 Local Conditions: 19.1 It will be imperative on each tenderer to inform himself of all localconditions and factors which may have any effect on the execution ofWORK covered under the Tender Document. In their own interest, thetenderer are requested to familiarise themselves with the IndianIncome Tax Act 1961, Indian Companies Act 1956, Indian CustomsAct 1962 and other related Acts and Laws and Regulations of Indiawith their latest amendments, as applicable GAIL shall not entertainany requests for clarifications from the tenderer regarding such localconditions.19.2 It must be understood and agreed that such factors have properly beeninvestigated and considered while submitting the tender. No claim forfinancial or any other adjustments to VALUE OF CONTRACT, on lackof clarity of such factors shall be entertained.20 Abnormal Rates: 20.1 The tenderer is expected to quote rate for each item after carefulanalysis of cost involved for the performance of the completed itemconsidering all specifications and Conditions of Contract. This willavoid loss of profit or gain in case of curtailment or change ofspecification for any item. In case it is noticed that the rates quoted bythe tenderer for any item are unusually high or unusually low, it will besufficient cause for the rejection of the tender unless the EMPLOYERis convinced about the reasonableness after scrutiny of the analysis forsuch rate(s) to be furnished by the tenderer (on demand).Section-IV.General Obligations21 Priority of ContractDocuments21.1 Except if and the extent otherwise provided by the Contract, theprovisions of the General Conditions of Contract and SpecialConditions shall prevail over those of any other documentsforming part of the CONTRACT. Several documents forming theCONTRACT are to be taken as mutually explanatory of oneanother, but in case of ambiguities or discrepancies the sameshall be explained and adjusted by the ENGINEER-IN-CHARGE

who shall thereupon issue to the Contractor instructions thereonand in such event, unless otherwise provided in the Contract, thepriority of the documents forming the Contract shall be as follows :1) The Contract Agreement ;2) The Letter of Acceptance;3) The (Instructions to Bidders)ITB;4) Special Conditions of Contract (SCC);5) General Conditions of Contract (GCC)6) Any other document forming part of the Contract.Works shown in the DRAWING but not mentioned in theSPECIFICATIONS OR described in the SPECIFICATIONS withoutbeing shown in the DRAWINGS shall nevertheless be deemed to beincluded in the same manner as if they had been specifically shownupon the DRAWINGS and described in the SPECIFICATIONS.21.2 Headings and Marginal Notes: All headings and marginal notes tothe clauses of these General Conditions of Contract or to theSPECIFICATIONS or to any other Tender Document are solelyfor the purpose of giving a concise indication and not a summaryof the contents thereof, and they shall never be deemed to be partthereof or be used in the interpretation or construction thereof theCONTRACT.21.3 Singular and Plural: In CONTRACT DOCUMENTS unlessotherwise stated specifically, the singular shall include the pluraland vice versa wherever the context so requires.21.4 Interpretation: Words implying `Persons' shall include relevant`Corporate Companies / Registered Associations/ Body ofIndividuals/ Firm of Partnership' as the case may be.22 Special Conditions ofContract:22.1 Special Conditions of Contract shall be read in conjunction withthe General Conditions of Contract, specification of Work,Drawings and any other documents forming part of thisCONTRACT wherever the context so requires.22.2 Notwithstanding the sub-division of the documents into theseseparate sections and volumes every part of each shall bedeemed to be supplementary to and complementary of everyother part and shall be read with and into the CONTRACT so faras it may be practicable to do so.22.3 Where any portion of the General Condition of Contract isrepugnant to or at variance with any provisions of the SpecialConditions of Contract, unless a different intention appears theprovisions of the Special Conditions of Contract shall be deemedto over-ride the provisions of the General Conditions of Contractand shall to the extent of such repugnancy, or variations, prevail.22.4 Wherever it is mentioned in the specifications that theCONTRACTOR shall perform certain WORK or provide certainfacilities, it is understood that the CONTRACTOR shall do so athis cost and the VALUE OF CONTRACT shall be deemed to haveincluded cost of such performance and provisions, so mentioned.22.5 The materials, design and workmanship shall satisfy the relevantINDIAN STANDARDS, the JOB SPECIFICATIONS contained

herein and CODES referred to. Where the job specificationstipulate requirements in addition to those contained in thestandard codes and specifications, these additional requirementsshall also be satisfied.23 Contractor to obtain hisown Information:23.1 The CONTRACTOR in fixing his rate shall for all purposewhatsoever reason may be, deemed to have himselfindependently obtained all necessary information for the purposeof preparing his tender and his tender as accepted shall bedeemed to have taken into account all contingencies as may arisedue to such information or lack of same. The correctness of thedetails, given in the Tender Document to help the CONTRACTORto make up the tender is not guaranteed.The CONTRACTOR shall be deemed to have examined theCONTRACT DOCUMENTS, to have generally obtained his owninformation in all matters whatsoever that might affect the carryingout of the works at the schedules rates and to have satisfiedhimself to the sufficiency of his tender. Any error in description ofquantity or omission therefrom shall not vitiate the CONTRACT orrelease the CONTRACTOR from executing the work comprised inthe CONTRACT according to DRAWINGS andSPECIFICATIONS at the scheduled rates. He is deemed to haveknown the scope, nature and magnitude of the WORKS and therequirements of materials and labour involved etc., and as to whatall works he has to complete in accordance with the CONTRACTdocuments whatever be the defects, omissions or errors that maybe found in the DOCUMENTS. The CONTRACTOR shall bedeemed to have visited surroundings, to have satisfied himself tothe nature of all existing structures, if any, and also as to thenature and the conditions of the Railways, Roads, Bridges andCulverts, means of transport and communication, whether byland, water or air, and as to possible interruptions thereto and theaccess and egress from the site, to have made enquiries,examined and satisfied himself as to the sites for obtaining sand,stones, bricks and other materials, the sites for disposal of surplusmaterials, the available accommodation as to whatever required,depots and such other buildings as may be necessary forexecuting and completing the works, to have made localindependent enquiries as to the sub-soil, subsoil water andvariations thereof, storms, prevailing winds, climatic conditionsand all other similar matters effecting these works. He is deemedto have acquainted himself as to his liability of payment ofGovernment Taxes, Customs duty and other charges, levies etc.Any neglect or omission or failure on the part of theCONTRACTOR in obtaining necessary and reliable informationupon the foregoing or any other matters affecting the CONTRACTshall not relieve him from any risks or liabilities or the entireresponsibility from completion of the works at the scheduled ratesand times in strict accordance with the CONTRACT.It is, therefore, expected that should the CONTRACTOR have anydoubt as to the meaning of any portion of the CONTRACTDOCUMENT he shall set forth the particulars thereof in writing toEMPLOYER in duplicate, before submission of tender. TheEMPLOYER may provide such clarification as may be necessaryin writing to CONTRACT, such clarifications as provided byEMPLOYER shall form part of CONTRACT DOCUMENTS.

No verbal agreement or inference from conversation with anyeffect or employee of the EMPLOYER either before, during orafter the execution of the CONTRACT agreement shall in any wayaffect or modify and of the terms or obligations herein contained.Any change in layout due to site conditions or technologicalrequirement shall be binding on the CONTRACTOR and no extraclaim on this account shall be entertained.24 Contract PerformanceSecurity:24.1 The CONTRACTOR shall furnish to the EMPLOYER, within 15days from the date of notification of award, a security in the sumof 10% of the accepted value of the tender or the actual value ofwork to be done whichever is applicable due to any additionalwork or any other reasons, in the form of a Bank draft/Banker’scheque or Bank Guarantee or irrevocable Letter of credit (as perproforma enclosed) as Contract Performance Security with theEMPLOYER which will be refunded after the expiry of DEFECTSLIABILITY PERIOD.24.2 CONTRACTOR can furnish the Contract Performance Security inthe form of Demand Draft or through a Bank Guarantee orthrough an irrevocable Letter of Credit from any Indian scheduledbank or a branch of an International bank situated in India andregistered with Reserve Bank of India as scheduled foreignbank. However, other than the Nationalised Indian Banks, thebanks whose BGs are furnished, must be commercial bankshaving net worth in excess of Rs. 100 crores and a declarationto this effect should be made by such commercial bank either inthe bank guarantee itself or separately on a letter head.The bank guarantee or the Letter of Credit shall be submitted inthe prescribed format.24.3 If the CONTRACTOR/SUB-CONTRACTOR or their employees orthe CONTRACTOR’s agents and representatives shall damage,break, deface or destroy any property belonging to theEMPLOYER or others during the execution of the CONTRACT,the same shall be made good by the CONTRACTOR at his ownexpenses and in default thereof, the ENGINEER-IN-CHARGEmay cause the same to be made good by other agencies andrecover expenses from the CONTRACTOR (for which thecertificate of the ENGINEER- IN-CHARGE shall be final).24.4 All compensation or other sums of money payable by theCONTRACTOR to the EMPLOYER under terms of thisCONTRACT may be deducted from or paid by the encashment orsale of a sufficient part of his Contract Performance Security orfrom any sums which may be due or may become due to theCONTRACTOR by the EMPLOYER of any account whatsoeverand in the event of his Contract Performance Security beingreduced by reasons of any such deductions or sale of aforesaid,the CONTRACTOR shall within ten days thereafter make good incash, bank drafts as aforesaid any sum or sums which may havebeen deducted from or realised by sale of his ContractPerformance Security, or any part thereof. No interest shall bepayable by the EMPLOYER for sum deposited as ContractPerformance Security.24.5 Failure of the successful bidder to comply with the requirements ofthis Clause shall constitute sufficient grounds for the annulment of

the award and the forfeiture of bid security.25 Time of Performance: 25.1 Time for MobilisationThe work covered by this CONTRACT shall be commenced withinfifteen (15) days, the date of letter/Fax of Intent and be completedin stages on or before the dates as mentioned in the TIMESCHEDULE OF COMPLETION OF WORK. The CONTRACTORshould bear in mind that time is the essence of this agreement.Request for revision of construction time after tenders are openedwill not receive consideration. The above period of fifteen (15)days is included within the overall COMPLETION SCHEDULE,not over and above the completion time to any additional work orany other reasons.25.2 Time Schedule of Construction:25.2.1 The general Time Schedule of construction is given in theTENDER DOCUMENT. CONTRACTOR should prepare adetailed monthly or weekly construction program jointly with theENGINEER-IN-CHARGE within 15 days of receipt ofLETTER/FAX OF INTENT or ACCEPTANCE OF TENDER. TheWORK shall be executed strictly as per the Time Schedule givenin the CONTRACT DOCUMENT. The period of constructiongiven includes the time required for mobilisation testing,rectifications, if any, retesting and completion in all respects inaccordance with CONTRACT DOCUMENT to the entiresatisfaction of the ENGINEER-IN-CHARGE.25.2.2 The CONTRACTOR shall submit a detailed PERT network withinthe time frame agreed above consisting of adequate number ofactivities covering various key phases of the WORK such asdesign, procurement, manufacturing, shipment and field erectionactivities within fifteen (15) days from the date of LETTER/FAXOF INTENT. This network shall also indicate the interfacefacilities to be provided by the EMPLOYER and the dates bywhich such facilities are needed.25.2.3 CONTRACTOR shall discuss the network so submitted with theEMPLOYER and the agreed network which may be in the formas submitted with the EMPLOYER or in revised form in line withthe outcome of discussions shall form part of the CONTRACT, tobe signed within fifteen (15) days from the date of LETTER OFACCEPTANCE OF TENDER. During the performance of theCONTRACT, if in the opinion of the EMPLOYER proper progressis not maintained suitable changes shall be made in theCONTRACTOR's operation to ensure proper progress.The above PERT network shall be reviewed periodically andreports shall be submitted by the CONTRACTOR as directed byEMPLOYER.26 Force Majeure: 26.1 CONDITIONS FOR FORCE MAJEURESIn the event of either party being rendered unable by ForceMajeure to perform any obligations required to be performed bythem under the CONTRACT the relative obligation of the partyaffected by such Force Majeures shall upon notification to theother party be suspended for the period during which ForceMajeures event lasts. The cost and loss sustained by the eitherparty shall be borne by the respective parties.

The term "Force Majeures" as employed herein shall mean actsof God, earthquake, war (declared or undeclared), revolts, riots,fires, floods, rebellions, explosions, hurricane, sabotage, civilcommotions and acts and regulations of respective Governmentof the two parties, namely the EMPLOYER and theCONTRACTOR.Upon the occurrence of such cause(s) and upon its termination,the party alleging that it has been rendered unable as aforesaidthereby, shall notify the other party in writing immediately but notlater than 72 (Seventy-two) hours of the alleged beginning andending thereof giving full particulars and satisfactory evidence insupport of its claim.Time for performance of the relative obligation suspended by theForce Majeures shall then stand extended by the period for whichsuch cause lasts.If deliveries of bought out items and/or works to be executed bythe CONTRACTOR are suspended by Force Majeure conditionslasting for more than 2 (two) months the EMPLOYER shall havethe option to terminate the CONTRACT or re-negotiate thecontract provisions.26.2 OUTBREAK OF WAR26.2.1 If during the currency of the CONTRACT there shall be anout-break of war whether declared or not, in that part of the Worldwhich whether financially or otherwise materially affect theexecution of the WORK the CONTRACTOR shall unless anduntil the CONTRACT is terminated under the provisions in thisclause continue to use his best endeavour to complete theexecution of the WORK, provided always that the EMPLOYERshall be entitled, at any time after such out-break of war toterminate or re-negotiate the CONTRACT by giving notice inwriting to the CONTRACTOR and upon such notice being giventhe CONTRACT shall, save as to the rights of the parties underthis clause and to the operation of the clauses entitled settlementof Disputes and Arbitration hereof, be terminated but withoutprejudice to the right of either party in respect of any antecedentbreach thereof.26.2.2 If the CONTRACT shall be terminated under the provisions of theabove clause, the CONTRACTOR shall with all reasonablediligence remove from the SITE all the CONTRACTOR'sequipment and shall give similar facilities to hisSUB-CONTRACTORS to do so.27 Price reductionschedule:27.1 Time is the essence of the CONTRACT. In case theCONTRACTOR fails to complete the WORK within the stipulatedperiod, then, unless such failure is due to Force Majeure asdefined in Clause 26 here above or due to EMPLOYER'sdefaults, the Total Contract price shall be reduced by ½ % of thetotal Contract Price per complete week of delay or part thereofsubject to a maximum of 5 % of the Total Contract Price, by wayof reduction in price for delay and not as penalty. The saidamount 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 toapplicability of Price Reduction Schedule shall be final andbinding on the CONTRACTOR.27.2 All sums payable under this clause is the reduction in price due todelay in completion period at the above agreed rate.27.3 Bonus For EarlyCompletion (*)27.3 BONUS FOR EARLY COMPLETIONIf the Contractor achieves completion of Works in all respect priorto the time schedule stipulated in the SCC, the Employer shallpay to the Contractor the relevant sum, if mentioned specificallyin SCC, as bonus for early completion. The bonus for earlycompletion, if provided specifically in SCC, shall be payable tothe maximum ceiling of 2 ½ % of the total contract price.(*) Partial earlier completion may not always produce net benefits tothe Employer, for example where utilization of the completedWorks requires (a) the fulfillment of all parts of the Contract (e.g.the training of personnel); or (b) the completion of all Sections(e.g. in pipeline laying, where early completion of the laying ofpipeline would not be useful if the compressor is still underinstallation); or (c) certain seasonal effects to take place (e.g.onset of the rainy season, for impounding a reservoir); or (d)other circumstances. Also a more rapid drawdown of budgetedfunds may be required. All such factors should be consideredprior to the inclusion of a bonus clause in the Contract.28 Rights of the employer toforfeit contractperformance security:28.1 Whenever any claim against the CONTRACTOR for the paymentof a sum of money arises out or under the CONTRACT, theEMPLOYER shall be entitled to recover such sum byappropriating in part or whole the Contract Performance Securityof the CONTRACTOR. In the event of the security beinginsufficient or if no security has been taken from theCONTRACTOR, then the balance or the total sum recoverable,as the case may be shall be deducted from any sum then due orwhich at any time thereafter may become due to theCONTRACTOR. The CONTRACTOR shall pay to theEMPLOYER on demand any balance remaining due.29 Failure by the contractorto comply with theprovisions of thecontract:29.1 If the CONTRACTOR refuses or fails to execute the WORK orany separate part thereof with such diligence as will ensure itscompletion within the time specified in the CONTRACT orextension thereof or fails to perform any of his obligation underthe CONTRACT or in any manner commits a breach of any ofthe provisions of the CONTRACT it shall be open to theEMPLOYER at its option by written notice to the CONTRACTOR:a) TO DETERMINE THE CONTRACT in whichevent the CONTRACT shall stand terminated and shallcease to be in force and effect on and from the dateappointed by the EMPLOYER on that behalf, whereuponthe CONTRACTOR shall stop forthwith any of theCONTRACTOR's work then in progress, except suchWORK as the EMPLOYER may, in writing, require to bedone to safeguard any property or WORK, orinstallations from damage, and the EMPLOYER, for itspart, may take over the work remaining unfinished by theCONTRACTOR and complete the same through a fresh

contractor or by other means, at the risk and cost of theCONTRACTOR, and any of his sureties if any, shall beliable to the EMPLOYER for any excess cost occasionedby such work having to be so taken over and completedby the EMPLOYER over and above the cost at the ratesspecified in the schedule of quantities and rate/prices.b) WITHOUT DETERMINING THE CONTRACT totake over the work of the CONTRACTOR or any partthereof and complete the same through a freshcontractor or by other means at the risk and cost of theCONTRACTOR. The CONTRACTOR and any of hissureties are liable to the EMPLOYER for any excesscost over and above the cost at the rates specified in theSchedule of Quantities/ rates, occasioned by such workshaving been taken over and completed by theEMPLOYER.29.2 In such events of Clause 29.1(a) or (b) above.a) The whole or part of the Contract PerformanceSecurity furnished by the CONTRACTOR is liable to beforfeited without prejudice to the right of the EMPLOYERto recover from the CONTRACTOR the excess costreferred to in the sub-clause aforesaid, the EMPLOYERshall also have the right of taking possession andutilising in completing the works or any part thereof, suchas materials equipment and plants available at work sitebelonging to the CONTRACTOR as may be necessaryand the CONTRACTOR shall not be entitled for anycompensation for use or damage to such materials,equipment and plant.b) The amount that may have become due to theCONTRACTOR on account of work already executed byhim shall not be payable to him until after the expiry ofSix (6) calendar months reckoned from the date oftermination of CONTRACT or from the taking over of theWORK or part thereof by the EMPLOYER as the casemay be, during which period the responsibility for faultymaterials or workmanship in respect of such work shall,under the CONTRACT, rest exclusively with theCONTRACTOR. This amount shall be subject todeduction of any amounts due from the CONTRACT tothe EMPLOYER under the terms of the CONTRACTauthorised or required to be reserved or retained by theEMPLOYER.29.3 Before determining the CONTRACT as per Clause 29.1(a) or (b)provided in the judgement of the EMPLOYER, the default ordefaults committed by the CONTRACTOR is/are curable and canbe cured by the CONTRACTOR if an opportunity given to him,then the EMPLOYER may issue Notice in writing calling theCONTRACTOR to cure the default within such time specified inthe Notice.29.4 The EMPLOYER shall also have the right to proceed or takeaction as per 29.1(a) or (b) above, in the event that theCONTRACTOR becomes bankrupt, insolvent, compounds withhis creditors, assigns the CONTRACT in favour of his creditors

or any other person or persons, or being a company or acorporation goes into voluntary liquidation, provided that in thesaid events it shall not be necessary for the EMPLOYER to giveany prior notice to the CONTRACTOR.30 Contractor remains liableto pay compensation ifaction not taken underclause 29:29.5 Termination of the CONTRACT as provided for in sub- clause29.1(a) above shall not prejudice or affect their rights of theEMPLOYER which may have accrued upto the date of suchtermination.30.1 In any case in which any of the powers conferred upon theEMPLOYER BY CLAUSE 29.0 thereof shall have becomeexercisable and the same had not been exercised, thenon-exercise thereof shall not constitute a waiver of any of theconditions hereof and such powers shall notwithstanding beexercisable in .the event of any further case of default by theCONTRACTOR for which by any clause or clauses hereof he isdeclared liable to pay compensation amounting to the whole ofhis Contract Performance Security, and the liability of theCONTRACTOR for past and future compensation shall remainunaffected. In the event of the EMPLOYER putting in force thepower under above sub-clause (a), (b) or (c) vested in him underthe preceding clause he may, if he so desired, take possession ofall or any tools, and plants, materials and stores in or upon theworks or the site thereof belonging to the CONTRACTOR orprocured by him and intended to be used for the execution of theWORK or any part thereof paying or allowing for the same inaccount at the CONTRACT rates or in case of these not beingapplicable at current market rates to be certified by theENGINEER-IN-CHARGE whose certificate thereof shall be final,otherwise the ENGINEER-IN- CHARGE may give notice inwriting to the CONTRACTOR or his clerk of the works, foremanor other authorised agent, requiring him to remove such tools,plant, materials or stores from the premises (within a time to bespecified in such notice), and in the event of the CONTRACTORfailing to comply with any such requisition, theENGINEER-IN-CHARGE may remove them at theCONTRACTOR's expense or sell them by auction or private saleon account of the CONTRACTOR and at his risk in all respectswithout any further notice as to the date, time or place of sale andthe certificate of the ENGINEER-IN-CHARGE as to the expensesof any such removal and the amount of the proceeds andexpenses of any such sale shall be final and conclusive againstthe CONTRACTOR.31 Change in constitution: 31.1 Where the CONTRACTOR is a partnership firm, the priorapproval of the EMPLOYER shall be obtained in writing, beforeany change is made in the constitution of the firm. Where theCONTRACTOR is an individual or a Hindu undivided familybusiness concern, such approval as aforesaid shall,likewise beobtained before such CONTRACTOR enters into any agreementwith other parties, where under, the reconstituted firm would havethe right to carry out the work hereby undertaken by theCONTRACTOR. In either case if prior approval as aforesaid isnot obtained, the CONTRACT shall be deemed to have beenallotted in contravention of clause 37 hereof and the same actionmay be taken and the same consequence shall ensure asprovided in the said clause.32 Termination of contract 32(A) TERMINATION OF CONTRACT FOR DEATH:

If the CONTRACTOR is an individual or a proprietary concernand the individual or the proprietor dies or if the CONTRACTORis a partnership concern and one of the partner dies thenunless, the EMPLOYER is satisfied that the legal representativeof the individual or the proprietory concern or the survivingpartners are capable of carrying out and completingCONTRACT, he (the EMPLOYER)is entitled to cancel theCONTRACT for the uncompleted part without being in any wayliable for any compensation payment to the estate of thediseased CONTRACTOR and/or to the surviving partners of theCONTRACTOR'S firm on account of the cancellation ofCONTRACT. The decision of the EMPLOYER in suchassessment shall be final and binding on the parties. In theevent of such cancellation, the EMPLOYER shall not hold theestate of the diseased CONTRACTOR and/or the survivingpartners of the CONTRACTOR'S firm liable for any damages fornon-completion of CONTRACT.32(B) TERMINATION OF CONTRACT IN CASE OF LIQUIDATION /BANKRUPTCY ETC.If the Contractor shall dissolve or become bankrupt orinsolvent or cause or suffer any receiver to be appointed of hisbusiness of any assets thereof compound with his Creditors, orbeing a corporation commence to be wound up, not being amember’s voluntary winding up for the purpose ofamalgamation or reconstruction, or carry on its business undera 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 thehappening of any such event as aforesaid by notice in writing tothe Contractor or to give the Receiver or liquidator or otherperson, the option of carrying out the contract subject to hisproviding a guarantee upto an amount to be agreed upon byEMPLOYER for due and faithful performance of the contract.32 (C) In case of termination of CONTRACT herein set forth (underclause 29.0) except under conditions of Force Majeure andtermination after expiry of contract, the CONTRACTOR shall beput under holiday [i.e. neither any enquiry will be issued to theparty by GAIL (India) Ltd. against any type of tender nor theiroffer will be considered by GAIL against any ongoing tender (s)where contract between GAIL and that particularCONTRACTOR (as a bidder) has not been finalized] for threeyears from the date of termination by GAIL (India) Ltd. to suchCONTRACTOR.33 Members of the employernot individually liable :33.1 No Director, or official or employee of the EMPLOYER/CONSULTANT shall in any way be personally bound or liable forthe acts or obligations of the EMPLOYER under the CONTRACTor answerable for any default or omission in the observance orperformance of any of the acts, matters or things which areherein contained.34 Employer not bound bypersonalrepresentations:34.1 The CONTRACTOR shall not be entitled to any increase on thescheduled rates or any other right or claim whatsoever by reasonof any representation, explanation statement or allegedrepresentation, promise or guarantees given or alleged to have

een given to him by any person.35 Contractor's office atsite:35.1 The CONTRACTOR shall provide and maintain an office at thesite for the accommodation of his agent and staff and such officeshall be open at all reasonable hours to receive instructions,notice or other communications. The CONTRACTOR at all timeshall maintain a site instruction book and compliance of theseshall be communicated to the ENGINEER-IN CHARGE from timeto time and the whole document to be preserved and handedover after completion of works.36 Contractor's subordinatestaff and their conduct36.1 The CONTRACTOR, on or after award of the WORK shall nameand depute a qualified engineer having sufficient experience incarrying out work of similar nature, to whom the equipments,materials, if any, shall be issued and instructions for works given.The CONTRACTOR shall also provide to the satisfaction of theENGINEER-IN- CHARGE sufficient and qualified staff tosuperintend the execution of the WORK, competent sub-agents,foremen and leading hands including those specially qualified byprevious experience to supervise the types of works comprised inthe CONTRACT in such manner as will ensure work of the bestquality, expeditious working. Whenever in the opinion of theENGINEER-IN- CHARGE additional properly qualifiedsupervisory staff is considered necessary, they shall beemployed by the CONTRACTOR without additional charge onaccounts thereof. The CONTRACTOR shall ensure to thesatisfaction of the ENGINEER-IN-CHARGE that SUB-CONTRACTORS, if any, shall provide competent and efficientsupervision, over the work entrusted to them.36.2 If and whenever any of the CONTRACTOR's or SUB-CONTRACTOR'S agents, sub-agents, assistants, foremen, orother employees shall in the opinion of ENGINEER-IN- CHARGEbe guilty of any misconduct or be incompetent or insufficientlyqualified or negligent in the performance of their duties of that inthe opinion of the EMPLOYER or the ENGINEER-IN-CHARGE, itis undesirable for administrative or any other reason for suchperson or persons to be employed in the works, theCONTRACTOR, is so directed by the ENGINEER-IN-CHARGE,shall at once remove such person or persons from employmentthereon. Any person or persons so removed from the works shallnot again be employed in connection with the WORKS withoutthe written permission of the ENGINEER-IN- CHARGE. Anyperson so removed from the WORK shall be immediatelyre-placed at the expense of the CONTRACTOR by a qualifiedand competent substitute. Should the CONTRACTOR berequested to repatriate any person removed from the works heshall do so and shall bear all costs in connection herewith.36.3 The CONTRACTOR shall be responsible for the properbehaviour of all the staff, foremen, workmen, and others, andshall exercise a proper degree of control over them and inparticular and without prejudice to the said generality, theCONTRACTOR shall be bound to prohibit and prevent anyemployees from trespassing or acting in any way detrimental orprejudicial to the interest of the community or of the properties oroccupiers of land and properties in the neighborhood and in theevent of such employee so trespassing, the CONTRACTOR shall

e responsible therefore and relieve the EMPLOYER of allconsequent claims or actions for damages or injury or any othergrounds whatsoever. The decision of theENGINEER-IN-CHARGE upon any matter arising under thisclause shall be final. The CONTRACTOR shall be liable for anyliability to EMPLOYER on account of deployment ofCONTRACTOR's staff etc. or incidental or arising out of theexecution of CONTRACT.The CONTRACTOR shall be liable for all acts or omissions onthe part of his staff, Foremen and Workmen and others in hisemployment, including misfeasance or negligence of whateverkind in the course of their work or during their employment, whichare connected directly or indirectly with the CONTRACT.36.4 If and when required by the EMPLOYER and CONTRACTOR'spersonnel entering upon the EMPLOYER's premises shall beproperly identified by badges of a type acceptable to theEMPLOYER which must be worn at all times on EMPLOYER'spremises. CONTRACTOR may be required to obtain daily entrypasses for his staff/employees from EMPLOYER to work withinoperating areas. These being safety requirements, norelaxations on this account shall be given to CONTRACTOR.37 Sub-letting of works: 37.1 No part of the CONTRACT nor any share or interest therein shallin any manner or degree be transferred, assigned or sublet bythe CONTRACTOR directly or indirectly to any person, firm orcorporation whatsoever without the consent in writing, of theENGINEER/EMPLOYER except as provided for in thesucceeding sub-clause.i) SUB-CONTRACTS FOR TEMPORARY WORKS ETC.:The EMPLOYER may give written consent to Subcontractfor the execution of any part of the WORK at thesite, being entered in to by CONTRACTOR providedeach individual Sub- contract is submitted to theENGINEER-IN-CHARGE before being entered into andis approved by him.ii)LIST OF SUB-CONTRACTORS TO BE SUPPLIED:At the commencement of every month theCONTRACTOR shall furnish to the ENGINEER-IN-CHARGE list of all SUB-CONTRACTORS or otherpersons or firms engaged by the CONTRACTOR andworking at the SITE during the previous month withparticulars of the general nature of the Subcontract orworks done by them.iii) CONTRACTOR'S LIABILITY NOT LIMITED BY SUB-CONTRACTORS:Notwithstanding any sub-letting with such approval asaforesaid and notwithstanding that theENGINEER-IN-CHARGE shall have received copies ofany Subcontracts, the contractor shall be and shallremain solely responsible for the quality, proper andexpeditious execution of the Contract in all respects as if

such sub-letting or Subcontracting had not taken place,and as if such work had been done directly by theCONTRACTOR. The CONTRACTOR shall bear allresponsibility for any act or omission on the part of subcontractorsin regard to work to be performed under theCONTRACT.iv)EMPLOYER MAY TERMINATE SUB-CONTRACTS:If any SUB-CONTRACTOR engaged upon the works atthe site executes any works which in the opinion of theENGINEER-IN-CHARGE is not in accordance with theCONTRACT documents, the EMPLOYER may bywritten notice to the CONTRACTOR request him toterminate such subcontract and the CONTRACTORupon the receipt of such notice shall terminate suchSubcontract and dismiss the SUB-CONTRACTOR(S)and the later shall forthwith leave the works, failing whichthe EMPLOYER shall have the right to remove suchSUB- CONTRACTOR(S) from the site.v) NO REMEDY FOR ACTION TAKEN UNDER THISCLAUSE:No action taken by the EMPLOYER under the clauseshall relieve the CONTRACTOR of any of his liabilitiesunder the CONTRACT or give rise to any right orcompensation, extension of time or otherwise failingwhich the EMPLOYER shall have the right to removesuch SUB-CONTRACTOR(S) from the site.38 Power of entry: 38.1 If the CONTRACTOR shall not commence the WORK in themanner previously described in the CONTRACT documents or ifhe shall at any time in the opinion of theENGINEER-IN-CHARGE.i) fail to carry out the WORK in conformity with theCONTRACT documents, orii)iii)iv)fail to carry out the WORK in accordance withthe Time Schedule, orsubstantially suspend work or the WORK for aperiod of fourteen days without authority fromthe ENGINEER-IN-CHARGE, orfail to carry out and execute the WORK to thesatisfaction of the ENGINEER-IN-CHARGE, orv) fail to supply sufficient or suitable constructionplant, temporary works, labour, materials orthings, orvi)Commit, suffer, or permit any other breach ofany of the provisions of the CONTRACT on hispart to be performed or observed or persist inany of the above mentioned breaches of theCONTRACT for fourteen days, after notice in

writing shall have been given to theCONTRACTOR by theENGINEER-IN-CHARGE requiring such breachto be remedied, orvii)viii)if the CONTRACTOR shall abandon the WORKorIf the CONTRACTOR during the continuance ofthe CONTRACT shall become bankrupt, makeany arrangement or composition with hiscreditors, or permit any execution to be levied orgo into liquidation whether compulsory orvoluntary not being merely a voluntaryliquidation for the purpose of amalgamation orreconstructionthen in any such case, the EMPLOYER shall have the power toenter upon the WORK and take possession thereof and of thematerials, temporary WORK, construction plant, and stockthereon, and to revoke the CONTRACTOR's licence to use thesame, and to complete the WORK by his agents, otherCONTRACTORS or workmen or to relate the same upon anyterms and to such other person, firm or corporation as theEMPLOYER in his absolute discretion may think proper toemploy and for the purpose aforesaid to use or authorise the useof any materials, temporary work, CONSTRUCTION PLANT, andstock as aforesaid, without making payment or allowance to theCONTRACTOR for the said materials other than such as may becertified in writing by the ENGINEER-IN-CHARGE to bereasonable, and without making any payment or allowance to theCONTRACTOR for the use of the temporary said works,construction plant and stock or being liable for any loss ordamage thereto, and if the EMPLOYER shall by reason of histaking possession of the WORK or of the WORK beingcompleted by other CONTRACTOR (due account being taken ofany such extra work or works which may or be omitted) then theamount of such excess as certified by the ENGINEER-IN-CHARGE shall be deducted from any money which may be duefor work done by the CONTRACTOR under the CONTRACT andnot paid for. Any deficiency shall forthwith be made good andpaid to the EMPLOYER by the CONTRACTOR and theEMPLOYER shall have power to sell in such manner and forsuch price as he may think fit all or any of the construction plant,materials etc. constructed by or belonging to and to recoup andretain the said deficiency or any part thereof out of proceeds ofthe sale.39 Contractor'sresponsibility with themechanical, electrical,intercommunicationsystem, airconditioningcontractors and otheragencies:39.1 Without repugnance of any other condition, it shall be theresponsibility of the CONTRACTOR executing the work of civilconstruction, to work in close cooperation and coordinate theWORK with the Mechanical, Electrical, Air-conditioning andIntercommunication Contractor's and other agencies or theirauthorised representatives, in providing the necessary grooves,recesses, cuts and opening etc., in wall, slabs beams andcolumns etc. and making good the same to the desired finish asper specification, for the placement of electrical,intercommunication cables, conduits, air-conditioning inlets andoutlets grills and other equipments etc. where required. For theabove said requirements in the false ceiling and other partitions,

the CONTRACTOR before starting-up the work shall inconsultation with the Electrical, Mechanical, Intercommunication,Air-conditioning contractor and other agencies prepare andput-up a joint scheme, showing the necessary openings,grooves, recesses, cuts, the methods of fixing required for theWORK of the aforesaid, and the finishes therein, to theENGINEER-IN-CHARGE and get the approval. TheCONTRACTOR before finally submitting the scheme to theENGINEER-IN-CHARGE, shall have the written agreement ofthe other agencies. The ENGINEER- IN-CHARGE, beforecommunicating his approval to the scheme, with any requiredmodification, shall get the final agreement of all the agencies,which shall be binding. No claim shall be entertained on accountof the above.The CONTRACTOR shall confirm in all respects with provision ofany statutory regulations, ordinances or byelaws of any local orduly constituted authorities or public bodies which may beapplicable from time to time to the WORK or any temporaryworks. The CONTRACTOR shall keep the EMPLOYERindemnified against all penalties and liabilities of every kind,arising out of non- adherance to such stains, ordinances, laws,rules, regulations, etc.40 Other agencies at site: 40.1 The CONTRACTOR shall have to execute the WORK in suchplace and conditions where other agencies will also be engagedfor other works such as site grading, filling, and levelling,electrical and mechanical engineering works, etc. No claim shallbe entertained due to WORK being executed in the abovecircumstances.41 Notice: 41.1 TO THE CONTRACTOR:Any notice hereunder may be served on the CONTRACTOR orhis duly authorised representative at the job site or may beserved by registered mail direct to the address furnished by theCONTRACTOR. Proof of issue of any such notice could beconclusive of the CONTRACTOR having been duly informed ofall contents therein.41.2 TO THE EMPLOYER:Any notice to be given to the EMPLOYER under the terms of theCONTRACTOR shall be served by sending the same byRegistered mail to or delivering the same at the respective siteoffices of M/S. GAIL (INDIA) LTD. addressed to theHEAD/SITE-IN-CHARGE.42 Right of variousinterests:42.1 i) The EMPLOYER reserves the right to distribute the workbetween more than one agency(ies). TheCONTRACTOR shall cooperate and afford otheragency(ies) reasonable opportunity for access to theWORK for the carriage and storage of materials andexecution of their works.ii)Wherever the work being done by any department of theEMPLOYER or by other agency(ies) employed by theEMPLOYER is contingent upon WORK covered by thisCONTRACT, the respective rights of the variousinterests involved shall be determined by the

ENGINEER-IN-CHARGE to secure the completion of thevarious portions of the work in general harmony.43 Patents and royalties: 43.1 The CONTRACTOR, if licensed under any patent coveringequipment, machinery, materials or compositions of matter to beused or supplied or methods and process to be practised oremployed in the performance of this CONTRACT, agrees to payall royalties and licence fees which may be due with respectthereto. If any equipment, machinery, materials, composition ofmatters, be used or supplied or methods and processes to bepractised or employed in the performance of this CONTRACT,iscovered by a patent under which the CONTRACTOR is notlicensed then the CONTRACTOR before supplying or using theequipment, machinery materials, composition method orprocesses shall obtain such licences and pay such royalties andlicence fees as may be necessary for performance of thisCONTRACT. In the event the CONTRACTOR fails to pay anysuch royalty or obtain any such licence, any suit for infringementof such patents which is brought against the CONTRACTOR orthe EMPLOYER as a result such failure will be defended by theCONTRACTOR at his own expense and the CONTRACTOR willpay any damages and costs awarded in such suit. TheCONTRACTOR shall promptly notify the EMPLOYER if theCONTRACTOR has acquired the knowledge of any plant underwhich a suit for infringement could be reasonably broughtbecause of the use by the EMPLOYER of any equipment,machinery, materials, process, methods to be suppliedhereunder. The CONTRACTOR agrees to and does herebygrant to EMPLOYER, together with the right to extend the sameto any of the subsidiaries of the EMPLOYER as irrevocable,royalty free licence to use in any country, any invention made bythe CONTRACTOR or his employee in or as result of theperformance of the WORK under the CONTRACT.43.2 All charges on account of royalty. toilage, rent, octroi terminal orsales tax and/or other duties or any other levy on materialsobtained for the work or temporary work or part thereof(excluding materials provided by the EMPLOYER) shall be borneby the CONTRACTOR.43.3 The CONTRACTOR shall not sell or otherwise dispose of orremove except for the purpose of this CONTRACT, the sand,stone, clay, ballast, earth, rock or other substances, or materialsobtained from any excavation made for the purpose of theWORK or any building or produce upon the site at the time ofdelivery of the possession thereof, but all such substances,materials, buildings and produce shall be the property of theEMPLOYER provided that the CONTRACTOR may with thepermission of the ENGINEER-IN-CHARGE, use the same for thepurpose of the work by payment of cost of the same at such arate as may be determined by the ENGINEER-IN- CHARGE.43.4 The EMPLOYER shall indemnify and save harmless theCONTRACTOR from any loss on account of claims againstCONTRACTOR for the contributory infringement of patent rightsarising out and based upon the claim that the use of theEMPLOYER of the process included in the design prepared bythe EMPLOYER and used in the operation of the plant infringeson any patent right. With respect to any subcontract entered into

y CONTRACTOR pursuant to the provisions of the relevantclause hereof, the CONTRACTOR shall obtain from theSUB-CONTRACTOR an undertaking to provide the EMPLOYERwith the same patent protection that CONTRACTOR is requiredto provide under the provisions of this clause.44 Liens: 44.1 If, at any time there should be evidence or any lien or claim forwhich the EMPLOYER might have become liable and which ischargeable to the CONTRACTOR, the EMPLOYER shall havethe right to retain out of any payment then due or thereafter tobecome due an amount sufficient to completely indemnify theEMPLOYER against such lien or claim and if such lien or claimbe valid, the EMPLOYER may pay and discharge the same anddeduct the amount so paid from any money which may be ormay become due and payable to the CONTRACTOR. If any lienor claim remain unsettled after all payments are made, theCONTRACTOR shall refund or pay to the EMPLOYER all moneythat the latter may be compelled to pay in discharging such lienor claim including all costs and reasonable expenses.EMPLOYER reserves the right to do the same.44.2 The EMPLOYER shall have lien on all materials, equipmentsincluding those brought by the CONTRACTOR for the purpose oferection, testing and commissioning of the WORK.44.3 The final payment shall not become due until the CONTRACTORdelivers to the ENGINEER-IN-CHARGE a complete release orwaiver of all liens arising or which may arise out of his agreementor receipt in full or certification by the CONTRACTOR in a formapproved by ENGINEER-IN-CHARGE that all invoices for labour,materials, services have been paid in lien thereof and if requiredby the ENGINEER-IN-CHARGE in any case an affidavit that sofar as the CONTRACTOR has knowledge or information thereleases and receipts include all the labour and material for whicha lien could be filled.44.4 CONTRACTOR will indemnify and hold the EMPLOYERharmless, for a period of two years after the issue of FINALCERTIFICATE, from all liens and other encumbrances againstthe EMPLOYER on account of debts or claims alleged to be duefrom the CONTRACTOR or his SUB-CONTRACTOR to anyperson including SUB- CONTRACTOR and on behalf ofEMPLOYER will defend at his own expense, any claim orlitigation brought against the EMPLOYER or the CONTRACTORin connection therewith. CONTRACTOR shall defend or contestat his own expense any fresh claim or litigation by any personincluding his SUB-CONTRACTOR, till its satisfactory settlementeven after the expiry of two years from the date of issue of FINALCERTIFICATE.45 Delays by employer orhis authorised agents:45.1 In case the CONTRACTOR's performance is delayed due to anyact or omission on the part of the EMPLOYER or his authorisedagents, then the CONTRACTOR shall be given due extension oftime for the completion of the WORK, to the extent such omissionon the part of the EMPLOYER has caused delay in theCONTRACTOR's performance of his WORK.45.2 No adjustment in CONTRACT PRICE shall be allowed forreasons of such delays and extensions granted except asprovided in TENDER DOCUMENT, where the EMPLOYER

eserves the right to seek indulgence of CONTRACTOR tomaintain the agreed Time Schedule of Completion.In such an event the CONTRACTOR shall be obliged for workingby CONTRACTOR's personnel for additional time beyondstipulated working hours as also Sundays and Holidays andachieve the completion date/interim targets.46 Payment if the contract isterminated:46.1 If the CONTRACT shall be terminated as per Tender pursuant toClause no. 29 of GCC, the CONTRACTOR shall be paid by theEMPLOYER in so far as such amounts or items shall not havealready been covered by payments of amounts made to theCONTRACTOR for the WORK executed and accepted byENGINEER-IN-CHARGE prior to the date of termination at therates and prices provided for in the CONTRACT and in additionto the following:a) The amount payable in respect of anypreliminary items, so far as the Work or servicecomprised therein has been carried out or performedand an appropriate portion as certified byENGINEER-IN- CHARGE of any such items or servicecomprised in which has been partially carried out orperformed.b) Any other expenses which the CONTRACTORhas expended for performing the WORK under theCONTRACT subject to being duly recommended byENGINEER-IN-CHARGE and approved by EMPLOYERfor payment, based on documentary evidence of hishaving incurred such expenses.46.2 The CONTRACTOR will be further required to transfer the titleand provide the following in the manner and as directed by theEMPLOYER.a) Any and all completed works.b) Such partially completed WORK includingdrawings, informations and CONTRACT rights as theCONTRACTOR has specially performed, produced oracquired for the performance of the CONTRACTOR.47 No waiver of rights: 47.1 Neither the inspection by the EMPLOYER or any of their officials,employees, or agents nor any order by the EMPLOYER forpayment of money or any payment for or acceptance of thewhole or any part of the Work by the EMPLOYER nor anyextension of time, nor any possession taken by EMPLOYERshall operate as a waiver of any provision of the CONTRACT, orof any power herein reserved to the EMPLOYER, or any right todamages herein provided, nor shall any waiver of any breach inthe CONTRACT be held to be a waiver of any other subsequentbreach.48 Certificate not to affectright of employer and48.1 No interim payment certificate(s) issued by the Engineer-in-Charge of the EMPLOYER, nor any sum paid on account by the

liability of contractor:EMPLOYER, nor any extension of time for execution of the workgranted by EMPLOYER shall affect or prejudice the rights of theEmployer against the CONTRACTOR or relieve theCONTRACTOR of his obligations for the due performance of theCONTRACT, or be interpreted as approval of the WORK done orof the equipment supplied and no certificate shall create liabilityfor the EMPLOYER to pay for alterations, amendments,variations or additional works not ordered, in writing, byEMPLOYER or discharge the liability of the CONTRACTOR forthe payment of damages whether due, ascertained, or certified ornot or any sum against the payment of which he is bound toindemnify the EMPLOYER.49 Language and measures: 49.1 All documents pertaining to the CONTRACT includingSpecifications, Schedules, Notices, Correspondence, operatingand maintenance Instructions, DRAWINGS, or any other writingshall be written in English language. The Metric System ofmeasurement shall be used in the CONTRACT unless otherwisespecified.50 Transfer of title: 50.1 The title of Ownership of supplies furnished by theCONTRACTOR shall not pass on to the EMPLOYER for allSupplies till the same are finally accepted by the EMPLOYERafter the successful completion of PERFORMANCE TEST andGUARANTEE TEST and issue of FINAL CERTIFICATE.50.2 However, the EMPLOYER shall have the lien on all such worksperformed as soon as any advance or progressive payment ismade by the EMPLOYER to the CONTRACTOR and theCONTRACTOR shall not subject these works for use other thanthose intended under this CONTRACT.51 Release of information: 51.1 The CONTRACTOR shall not communicate or use in advertising,publicity, sales releases or in any other medium, photographs, orother reproduction of the Work under this CONTRACT ordescription of the site dimensions, quantity , quality or otherinformation, concerning the Work unless prior written permissionhas been obtained from the EMPLOYER.52 Brand names: 52.1 The specific reference in the SPECIFICATIONS and documentsto any material by trade name, make or catalogue number shallbe construed as establishing standard or quality andperformance and not as limited competition. However,TENDERER may offer other similar equipments provided itmeets the specified standard design and performancerequirements.53 Completion of contract: 53.1 Unless otherwise terminated under the provisions of any otherrelevant clause, this CONTRACT shall be deemed to have beencompleted at the expiration of the PERIOD OF LIABILITY asprovided for under the CONTRACT.54 Spares: 54.1 The CONTRACTOR shall furnish to the EMPLOYER all sparesrequired for COMMISSIONING of the plants, recommendatoryand/or mandatory spares, which are required essential by themanufacturer/supplier. The same shall be delivered at SITE,3(Three) months before COMMISSIONING.Also the CONTRACTOR should furnish the manufacturing

drawings for fast wearing spares.54.2 The CONTRACTOR guarantees the EMPLOYER that before themanufacturers of the equipments, plants and machineries go outof production of spare parts for the equipment furnished anderected by him, he shall give at least twelve (12) months'advance notice to the EMPLOYER, so that the latter may orderhis requirement of spares in one lot, if he so desires.SECTION-VPerformance of Work55 Execution of work: 55.1 All the Works shall be executed in strict conformity with theprovisions of the CONTRACT Documents and with suchexplanatory detailed drawings, specification and instructions asmay be furnished from time to time to the CONTRACTOR by theENGINEER-IN-CHARGE whether mentioned in the CONTRACTor not. The CONTRACTOR shall be responsible for ensuring thatworks throughout are executed in the most substantial, properand workmanlike manner with the quality of material andworkmanship in strict accordance with the SPECIFICATIONS andto the entire satisfaction of the ENGINEER-IN-CHARGE. TheCONTRACTOR shall provide all necessary materials equipmentlabour etc. for execution and maintenance of WORK tillcompletion unless otherwise mentioned in the CONTRACT.56 Co-ordination and inspectionof work:56.1 The coordination and inspection of the day-to-day work under theCONTRACT shall be the responsibility of theENGINEER-IN-CHARGE. The written instruction regarding anyparticular job will normally be passed by theENGINEER-IN-CHARGE or his authorised representative. Awork order book will be maintained by the CONTRACTOR foreach sector in which the aforesaid written instructions will beentered. These will be signed by the CONTRACTOR or hisauthorised representative by way of acknowledgement within 12hours.57 Work in monsoon anddewatering:57.1 Unless otherwise specified elsewhere in the tender, the executionof the WORK may entail working in the monsoon also. TheCONTRACTOR must maintain a minimum labour force as maybe required for the job and plan and execute the construction anderection according to the prescribed schedule. No extra rate willbe considered for such work in monsoon.57.2 During monsoon and other period, it shall be the responsibility ofthe CONTRACTOR to keep the construction work site free fromwater at his own cost.58 Work on sundays andholidays:58.1 For carrying out Work on Sundays, and Holidays, theCONTRACTOR will approach the ENGINEER-IN-CHARGE or hisrepresentative at least two days in advance and obtainpermission in writing. The CONTRACTOR shall observe alllabour laws and other statutory rules and regulations in force. Incase of any violations of such laws, rules and regulations,consequence if any, including the cost thereto shall be exclusively

orne by the CONTRACTOR and the EMPLOYER shall have noliability whatsoever on this account.59 General conditions forconstruction and erectionwork:59.1 The working time at the site of work is 48 hours per week.Overtime work is permitted in cases of need and the EMPLOYERwill not compensate the same. Shift working at 2 or 3 shifts perday will become necessary and the CONTRACTOR should takethis aspect into consideration for formulating his rates forquotation. No extra claims will be entertained by the EMPLOYERno this account. For carrying out work beyond working hours theCONTRACTOR will approach the ENGINEER-IN-CHARGE or hisauthorised representative and obtain his prior written permission.59.2 The CONTRACTOR must arrange for the placement of workersin such a way that the delayed completion of the WORK or anypart thereof for any reason whatsoever will not affect their properemployment. The EMPLOYER will not entertain any claim for idletime payment whatsoever.59.3 The CONTRACTOR shall submit to theEMPLOYER/ENGINEER-IN- CHARGE reports at regularintervals regarding the state and progress of WORK. The detailsand proforma of the report will mutually be agreed after the awardof CONTRACT. The CONTRACTOR shall provide displayboards showing progress and labour strengths at worksite, asdirected by the ENGINEER-IN-CHARGE.60 Alterations in specifications,design and extra works:60.1 The WORK covered under this CONTRACT having to beexecuted by the CONTRACTOR on a lumpsum firm price/itemrate quoted by him, the EMPLOYER will not accept any proposalsfor changes in VALUE OF CONTRACT or extension in time onaccount of any such changes which may arise to theCONTRACTOR's scope of WORK as a result of detailedEngineering and thereafter during the execution of WORK. Theonly exception to this will be a case where the EMPLOYERrequests in writing to the CONTRACTOR to upgrade theSPECIFICATIONS or the size of any major pieces of equipments,plant or machinery beyond what is normally required to meet thescope of WORK as defined in the CONTRACT DOCUMENT.In such cases, a change order will be initialled by theCONTRACTOR at the appropriate time for the EMPLOYER'sprior approval giving the full back-up data for their review and forfinal settlement of any impact on price within 30 (thirty) daysthereafter.60.2 The ENGINEER-IN-CHARGE shall have to make any alterationsin, omission from, additions to or substitutions for, the Schedule ofRates, the original specifications, drawings, designs andinstructions that may appear to him to be necessary or advisableduring the progress of the WORK and the CONTRACTOR shallbe bound to carry out the such altered/ extra/ new items of WORKin accordance with any instructions which may be given to him inwriting signed by the ENGINEER-IN- CHARGE, and suchalterations, omissions, additions or substitutions shall notinvalidate the CONTRACT and any altered, additional orsubstituted work which the CONTRACTOR may be directed to doin the manner above specified as part of the WORK shall be

carried out by the CONTRACTOR on the same conditions in allrespects on which he agreed to do the main WORK. The time ofcompletion of WORK may be extended for the part of theparticular job at the discretion of the ENGINEER-IN- CHARGE,for only such alterations, additions or substitutions of the WORK,as he may consider as just and reasonable. The rates for suchadditional, altered or substituted WORK under this clause shall beworked out in accordance with the following provisions:-I. For Item Rate Contracta) If the rates for the additional, altered orsubstituted WORK are specified in theCONTRACT for the WORK, the CONTRACTORis bound to carry on the additional, altered orsubstituted WORK at the same rates as arespecified in the CONTRACT.b) If the rates for the additional, altered orsubstituted WORK are not specifically providedin the CONTRACT for the WORK, the rates willbe derived from the rates for similar class ofWORK as are specified in the CONTRACT forthe WORK. The opinion of the ENGINEER-IN-CHARGE, as to whether or not the rates can bereasonably so derived from the items in thisCONTRACT will be final and binding on theCONTRACTOR.c) If the rates for the altered, additional orsubstituted WORK cannot be determined in themanner specified in sub-clause(s) and (b) above,then the CONTRACTOR shall, within 7 days ofthe date of receipt of order to carry out theWORK, inform the ENGINEER-IN-CHARGE ofthe rates which it is his intention to charge forsuch class of WORK, supported by analysis ofthe rate or rates claimed, and theENGINEER-IN-CHARGE shall determine therate or rates on the basis of the prevailing marketrates, labour cost at schedule of labour ratesplus 10% to cover contractor's supervision,overheads and profit and pay theCONTRACTOR accordingly. The opinion of theENGINEER- IN-CHARGE as to current marketrates of materials and the quantum of labourinvolved per unit of measurement will be finaland binding on the CONTRACTOR.d) Where the item of work will be executed throughnominated specialist agency as approved by theENGINEER-IN-CHARGE, then the actualamount paid to such nominated agencysupported by documentary evidence and ascertified by ENGINEER-IN-CHARGE shall beconsidered plus 10% (ten percent) to cover allcontingencies, overhead, profits to arrive at therates.e) Provisions contained in the Sub-clause (a) & (d)

above shall, however, not apply for thefollowing:-Where the value of additions of new itemstogether with the value of alterations,additions/deletions or substitutions does notexceed by or is not less than plus/minus (+_)25%of the VALUE OF CONTRACT. The item rates inthe Schedule of Rates shall hold good for allsuch variations between the above mentionedlimits, irrespective of any increase/decrease ofquantities in the individual items of Schedule ofRates.Where the value of addition of new itemstogether with the value of alterations,additions/deletions or substitutions reduces morethan 25% of the contract value but is within thefollowing limits the tenderer shall be paidcompensation for decrease in the value of work,as follows:S.No. Range of Variation Percentage compensation fordecrease in the value of workin the respective range.a) Beyond (+) 25% upto & No increase and/or decreaseinclusive of (+) 50%shall be applicable for theSchedule of Rates (The ratesquoted for this increase shallbe valid).b) Beyond (-) 25% upto & For reduction beyond 25%inclusive of (-) 50%contractor shall becompensated by an amountequivalent to 10% of thereduction in value of thecontract as awarded. Forexample if the actual contractvalue is 70% of awarded valuethen compensation shall be10% of (75-70) i.e. 0.5% ofawarded contract value.II.For Lumpsum ContractsCONTRACTOR shall, within 7 days of the date of receiptof order to carry out the WORK, inform theENGINEER-IN- CHARGE of the rates which it is hisintention to charge for such class of WORK, supported byanalysis of the rate or rates claimed, and theENGINEER-IN-CHARGE shall determine the rate orrates on the basis of the prevailing market rates, labourcost at schedule of labour rates plus 10% to covercontractor's supervision, overheads and profit and paythe CONTRACTOR accordingly. The opinion of theENGINEER- IN-CHARGE as to current market rates ofmaterials and the quantum of labour involved per unit ofmeasurement will be final and binding on theCONTRACTOR.

61 Drawings to be supplied bythe employer61.1 The drawings attached with tender are only for the generalguidance to the CONTRACTOR to enable him to visualize the typeof work contemplated and scope of work involved. TheCONTRACTOR will be deemed to have studied the DRAWINGSand formed an idea about the WORK involved.61.2 Detailed working drawings on the basis of which actual execution ofthe WORK is to proceed, will be furnished from time to time duringthe progress of the work. The CONTRACTOR shall be deemed tohave gone through the DRAWINGS supplied to him thoroughly andcarefully and in conjunction with all other connected drawings andbring to the notice of the ENGINEER-IN-CHARGE discrepancies, ifany, therein before actually carrying out the Work.61.3 Copies of all detailed working drawings relating to the WORK shallbe kept at the CONTRACTOR's office on the site and shall be madeavailable to the ENGINEER-IN- CHARGE at any time during theCONTRACT. The drawings and other documents issued by theEMPLOYER shall be returned to the EMPLOYER on completion ofthe WORK.62 Drawings to be supplied bythe contractor:62.1 The drawings/date which are to be furnished by the CONTRACTORare enumerated in the special conditions of contract, and shall befurnished within the specified time.62.2 Where approval/review of drawings before manufacture/construction/fabrication has been specified, it shall beCONTRACTOR's responsibility to have these drawings prepared asper the directions of ENGINEER-IN-CHARGE and got approvedbefore proceeding with manufacture/construction/fabrication as thecase may be. Any change that may have become necessary inthese drawings during the execution of the work shall have to becarried out by the CONTRACTOR to the satisfaction ofENGINEER-IN-CHARGE at no extra cost. All final drawings shallbear the certification stamp as indicated below duly signed by boththe CONTRACTOR and ENGINEER-IN-CHARGE."Certified true for ___________________________________(Name of Work)AgreementNo.___________________________________________________Signed:_________________(CONTRACTOR)_________________(ENGINEER-IN-CHARGE)62.3 The DRAWINGS submitted by the CONTRACTOR shall bereviewed by the ENGINEER-IN-CHARGE as far as practicablewithin 3 (Three) weeks and shall be modified by theCONTRACTOR, if any modifications and/or corrections are requiredby the ENGINEER-IN-CHARGE. The CONTRACTOR shallincorporate such modifications and/or corrections and submit thefinal drawings for approval. Any delays arising out of failure by theCONTRACTOR to rectify the drawing in good time shall not alterthe Contract Completion Time.62.4 As built drawings showing all corrections, adjustments etc. shall befurnished by the CONTRACTOR in six copies and one transparentfor record purposed to the EMPLOYER.

63 Setting out works: 63.1 The ENGINEER-IN-CHARGE shall furnish the CONTRACTOR withonly the four corners of the Works site and a level bench mark andthe CONTRACTOR shall set out the Works and shall provide anefficient staff for the purpose and shall be solely responsible for theaccuracy of such setting out.63.2 The CONTRACTOR shall provide, fix and be responsible for themaintenance of all stakes, templates, level marks, profiles and othersimilar things and shall take all necessary precautions to preventtheir removal or disturbance and shall be responsible for theconsequence of such removal or disturbance should the same takeplace and for their efficient and timely reinstatement. TheCONTRACTOR shall also be responsible for the maintenance of allexisting survey marks, boundary marks, distance marks and centerline marks, either existing or supplied and fixed by theCONTRACTOR. The work shall be set out to the satisfaction of theENGINEER-IN-CHARGE. The approval there of joining with theCONTRACTOR by the ENGINEER- IN-CHARGE in setting out thework, shall not relieve the CONTRACTOR of any of hisresponsibility.63.3 Before beginning the Works, the CONTRACTOR shall at his owncost, provide all necessary reference and level posts, pegs,bamboos, flags, ranging rods, strings and other materials for properlayout of the works in accordance with the schemes for bearingmarks acceptable to the ENGINEER-IN-CHARGE. The center,longitudinal or face lines and cross lines shall be marked by meansof small masonry pillars. Each pillar shall have distinct mark at thecentre to enable theodolite to be set over it. No work shall bestarted until all these points are checked and approved by theENGINEER-IN-CHARGE in writing but such approval shall notrelieve the CONTRACTOR of any of his responsibilities. TheCONTRACTOR shall also provide all labour, material and otherfacilities, as necessary, for the proper checking of layout andinspection of the points during construction.63.4 Pillars bearing geodetic marks located at the sites of units ofWORKS under construction should be protected and fenced by theCONTRACTOR.63.5 On completion of WORK, the CONTRACTOR must submit thegeodetic documents according to which the WORK was carried out.64 Responsibility for level andalignment:65 Materials to be supplied bycontractor:64.1 The CONTRACTOR shall be entirely and exclusively responsiblefor the horizontal and vertical alignment, the levels and correctnessof every part of the WORK and shall rectify effectively any errors orimperfections therein, such rectifications shall be carried out by theCONTRACTOR, at his own cost, when instructions are issued tothat effect by the ENGINEER- IN-CHARGE.65.1 The CONTRACTOR shall procure and provide within the VALUEOF CONTRACT the whole of the materials required for theconstruction including steels, cement and other building materials,tools, tackles, construction plant and equipment for the completionand maintenance of the WORK except the materials which will beissued by the EMPLOYER and shall make his own arrangement for

procuring such materials and for the transport thereof. TheEMPLOYER may give necessary recommendation to the respectiveauthority if so desired by the CONTRACTOR but assumes nofurther responsibility of any nature. The EMPLOYER will insist onthe procurement of materials which bear ISI stamp and/or which aresupplied by reputed suppliers.65.2 The CONTRACTOR shall properly store all materials either issuedto him or brought by him to the SITE to prevent damages due torain, wind, direct exposure to sun, etc. as also from theft, pilferage,etc. for proper and speedy execution of his works. TheCONTRACTOR shall maintain sufficient stocks of all materialsrequired by him.65.3 No material shall be despatched from the CONTRACTOR's storesbefore obtaining the approval in writing of theENGINEER-IN-CHARGE.66 Stores supplied by theemployer:66.1 If the SPECIFICATION of the WORK provides for the use of anymaterial of special description to be supplied from theEMPLOYER's stores or it is required that the CONTRACTOR shalluse certain stores to be provided by the ENGINEER-IN-CHARGE,such materials and stores, and price to be charged there for ashereinafter mentioned being so far as practicable for theconvenience of the CONTRACTOR, but not so as in any way tocontrol the meaning or effect of the CONTRACT, theCONTRACTOR shall be bound to purchase and shall be suppliedsuch materials and stores as are from time to time required to beused by him for the purpose of the CONTRACT only. The sumsdue from the CONTRACTOR for the value of materials supplied bythe EMPLOYER will be recovered from the running account bill onthe basis of the actual consumption of materials in the workscovered and for which the running account bill has been prepared.After the completion of the WORK, however, the CONTRACTORhas to account for the full quantity of materials supplied to him asper relevant clauses in this document.66.2 The value of the stores/materials as may be supplied to theCONTRACTOR by the EMPLOYER will be debited to theCONTRACTOR's account at the rates shown in the schedule ofmaterials and if they are not entered in the schedule, they will bedebited at cost price, which for the purpose of the CONTRACT shallinclude the cost of carriage and all other expenses whatsoever suchas normal storage supervision charges which shall have beenincurred in obtaining the same at the EMPLOYER's stores. Allmaterials so supplied to the CONTRACTOR shall remain theabsolute property of the EMPLOYER and shall not be removed onany account from the SITE of the WORK, and shall be at all timesopen for inspection to the ENGINEER-IN-CHARGE. Any suchmaterials remaining unused at the time of the completion ortermination of the CONTRACT shall be returned to theEMPLOYER's stores or at a place as directed by theENGINEER-IN-CHARGE in perfectly good condition atCONTRACTOR's cost.67 Conditions for issue ofmaterials:67.1 i) Materials specified as to be issued by the EMPLOYER willbe supplied to the CONTRACTOR by the EMPLOYERform his stores. It shall be responsibility of theCONTRACTOR to take delivery of the materials andarrange for its loading, transport and unloading at the SITE

of WORK at his own cost. The materials shall be issuedbetween the working hours and as per the rules of theEMPLOYER as framed from time to time.ii)iii)iv)The CONTRACTOR shall bear all incidental charges forthe storage and safe custody of materials at site after thesehave been issued to him.Materials specified as to be issued by the EMPLOYERshall be issued in standard sizes as obtained from themanufacturers.The CONTRACTOR shall construct suitable Godowns atthe SITE of WORK for storing the materials safe againstdamage by rain, dampness, fire, theft etc. He shall alsoemploy necessary watch and ward establishment for thepurpose.v) It shall be duty of the CONTRACTOR to inspect thematerials supplied to him at the time of taking delivery andsatisfy himself that they are in good condition. After thematerials have been delivered by the EMPLOYER, it shallbe the responsibility of the CONTRACTOR to keep them ingood condition and if the materials are damaged or lost, atany time, they shall be repaired and/or replaced by him athis own cost according to the instructions of theENGINEER-IN-CHARGE.vi)vii)viii)The EMPLOYER shall not be liable for delay in supply ornon-supply of any materials which the EMPLOYER hasundertaken to supply where such failure or delay is due tonatural calamities, act of enemies, transport andprocurement difficulties and any circumstances beyond thecontrol of the EMPLOYER. In no case, theCONTRACTOR shall be entitled to claim anycompensation or loss suffered by him on this account.It shall be responsibility of the CONTRACTOR to arrange intime all materials required for the WORK other than thoseto be supplied by the EMPLOYER. If, however, in theopinion of the ENGINEER-IN-CHARGE the execution ofthe WORK is likely to be delayed due to theCONTRACTOR's inability to make arrangements for supplyof materials which normally he has to arrange for, theENGINEER-IN-CHARGE shall have the right at his owndiscretion to issue such materials, if available with theEMPLOYER or procure the materials from the market or aselsewhere and the CONTRACTOR will be bound to takesuch materials at the rates decided by theENGINEER-IN-CHARGE. This, however, does not in anyway absolve the CONTRACTOR from responsibility ofmaking arrangements for the supply of such materials inpart or in full, should such a situation occur nor shall thisconstitute a reason for the delay in the execution of theWORK.None of the materials supplied to the CONTRACTOR willbe utilised by the CONTRACTOR for manufacturing itemwhich can be obtained as supplied from standardmanufacturer in finished form.

ix)The CONTRACTOR shall, if desired by the ENGINEER-IN-CHARGE, be required to execute an Indemnity Bond inthe prescribed form for safe custody and accounting of allmaterials issued by the EMPLOYER.x) The CONTRACTOR shall furnish to the ENGINEER-IN-CHARGE sufficiently in advance a statement showing hisrequirement of the quantities of the materials to be suppliedby the EMPLOYER and the time when the same will berequired by him for the works, so as to enable theENGINEER-IN-CHARGE to make necessaryarrangements for procurement and supply of the material.xi)xii)xiii)Account of the materials issued by the EMPLOYER shallbe maintained by CONTRACTOR indicating the dailyreceipt, consumption and balance in hand. This accountshall be maintained in a manner prescribed by theENGINEER-IN-CHARGE along with all connected papersviz. requisitions, issues, etc., and shall be always availablefor inspection in the CONTRACTOR's office at SITE.The CONTRACTOR should see that only the requiredquantities of materials are got issued. The CONTRACTORshall not be entitled to cartage and incidental charges forreturning the surplus materials, if any, to the storeswherefrom they were issued or to the place as directed bythe ENGINEER-IN-CHARGE.Materials/Equipment(s) supplied by EMPLOYER shall notbe utilised for any purpose(s) than issued for.68 Material procured withassistance ofemployer/return of surplus:68.1 Notwithstanding anything contained to the contrary in any or all theclauses of this CONTRACT where any materials for the executionof the CONTRACT are procured with the assistance of theEMPLOYER either by issue from EMPLOYER's stock or purchasesmade under order or permits or licences issued by Government, theCONTRACTOR shall hold the said materials as trustee for theEMPLOYER and use such materials economically and solely for thepurpose of the CONTRACT and not dispose them off without thepermission of the EMPLOYER and return, if required by theENGINEER-IN-CHARGE, shall determine having due regard to thecondition of the materials. The price allowed to theCONTRACTOR, however, shall not exceed the amount charged tohim excluding the storage charges, if any. The decision of theENGINEER-IN-CHARGE shall be final and conclusive in suchmatters. In the event of breach of the aforesaid condition, theCONTRACTOR shall, in terms of the licences or permits and/orcriminal breach of trust, be liable to compensate the EMPLOYER atdouble rate or any higher rate, in the event of those materials at thattime having higher rate or not being available in the market, thenany other rate to be determined by the ENGINEER-IN-CHARGEand his decision shall be final and conclusive.69 Materials obtained fromdismantling:69.1 If the CONTRACTOR in the course of execution of the WORK iscalled upon to dismantle any part for reasons other than thosestipulated in Clauses 74 and 77 hereunder, the materials obtainedin the WORK of dismantling etc., will be considered as the

EMPLOYER's property and will be disposed off to the bestadvantage of the EMPLOYER.70 Articles of value found: 70.1 All gold, silver and other minerals of any description and all preciousstones, coins, treasure relics, antiquities and other similar thingswhich shall be found in, under or upon the SITE, shall be theproperty of the EMPLOYER and the CONTRACTOR shall dulypreserve the same to the satisfaction of theENGINEER-IN-CHARGE and shall from time to time deliver thesame to such person or persons indicated by the EMPLOYER.71 Discrepancies betweeninstructions:72 Action where nospecification is issued:71.1 Should any discrepancy occur between the various instructionsfurnished to the CONTRACTOR, his agent or staff or any doubtarises as to the meaning of any such instructions or should there beany misunderstanding between the CONTRACTOR's staff and theENGINEER-IN- CHARGE's staff, the CONTRACTOR shall refer thematter immediately in writing to the ENGINEER-IN-CHARGE whosedecision thereon shall be final and conclusive and no claim forlosses alleged to have been caused by such discrepancies betweeninstructions, doubts, or misunderstanding shall in any event beadmissible.72.1 In case of any class of WORK for which there is noSPECIFICATION supplied by the EMPLOYER as mentioned in theTender Documents such WORK shall be carried out in accordancewith Indian Standard Specifications and if the Indian StandardSpecifications do not cover the same, the WORK should be carriedout as per standard Engineering Practice subject to the approval ofthe ENGINEER-IN-CHARGE.73 Inspection of works: 73.1 The ENGINEER-IN-CHARGE will have full power and authority toinspect the WORK at any time wherever in progress either on theSITE or at the CONTRACTOR's premises/workshops whereversituated, premises/ workshops of any person, firm or corporationwhere WORK in connection with the CONTRACT may be in handor where materials are being or are to be supplied, and theCONTRACTOR shall afford or procure for the ENGINEER-IN-CHARGE every facility and assistance to carry out such inspection.The CONTRACTOR shall, at all time during the usual workinghours and at all other time at which reasonable notice of theintention of the ENGINEER-IN- CHARGE or his representative tovisit the WORK shall have been given to the CONTRACTOR, eitherhimself be present or receive orders and instructions, or have aresponsible agent duly accredited in writing, present for thepurpose. Orders given to the CONTRACTOR's agent shall beconsidered to have the same force as if they had been given to theCONTRACTOR himself. The CONTRACTOR shall give not lessthan seven days notice in writing to the ENGINEER-IN-CHARGEbefore covering up or otherwise placing beyond reach of inspectionand measurement of any work in order that the same may beinspected and measured. In the event of breach of above the sameshall be uncovered at CONTRACTOR's expense for carrying outsuch measurement or inspection.73.2 No material shall be despatched from the CONTRACTOR's storesbefore obtaining the approval in writing of the Engineer-in-Charge.The CONTRACTOR is to provide at all time during the progress of

the WORK and the maintenance period, proper means of accesswith ladders, gangways etc. and the necessary attendance to moveand adopt as directed for inspection or measurements of the WORKby the ENGINEER- IN-CHARGE.73.3 The CONTRACTOR shall make available to the ENGINEER-IN-CHARGE free of cost all necessary instruments and assistance inchecking or setting out of WORK and in the checking of any WORKmade by the CONTRACTOR for the purpose of setting out andtaking measurements of WORK.74 Tests for quality of work: 74.1 All workmanship shall be of the respective kinds described in theCONTRACT DOCUMENTS and in accordance with the instructionsof the ENGINEER-IN-CHARGE and shall be subjected from time totime to such test at CONTRACTOR's cost as theENGINEER-IN-CHARGE may direct at the place of manufacture orfabrication or on the site or at all or any such places. TheCONTRACTOR shall provide assistance, instruments, labour andmaterials as are normally required for examining, measuring andtesting any workmanship as may be selected and required by theENGINEER-IN-CHARGE.74.2 All the tests that will be necessary in connection with the executionof the WORK as decided by the ENGINEER- IN-CHARGE shall becarried out at the field testing laboratory of the EMPLOYER bypaying the charges as decided by the EMPLOYER from time totime. In case of non- availability of testing facility with theEMPLOYER, the required test shall be carried out at the cost ofCONTRACTOR at Government or any other testing laboratory asdirected by ENGINEER-IN-CHARGE.74.3 If any tests are required to be carried out in conjunction with theWORK or materials or workmanship not supplied by theCONTRACTOR, such tests shall be carried out by theCONTRACTOR as per instructions of ENGINEER-IN-CHARGE andcost of such tests shall be reimbursed by the EMPLOYER.75 Samples for approval: 75.1 The CONTRACTOR shall furnish to the ENGINEER-IN-CHARGEfor approval, when requested or if required by the specifications,adequate samples of all materials and finished to be used in theWORK. Such samples shall be submitted before the WORK iscommenced and in ample time to permit tests and examinationsthereof. All materials furnished and finishes applied in actualWORK shall be fully equal to the approved samples.76 Action and compensation incase of bad work:76.1 If it shall appear to the ENGINEER-IN-CHARGE that any work hasbeen executed with unsound, imperfect or unskilled workmanship,or with materials of any inferior description, or that any materials orarticles provided by the CONTRACTOR for the execution of theWORK are unsound, or of a quality inferior to that contracted for, orotherwise not in accordance with the CONTRACT, theCONTRACTOR shall on demand in writing from theENGINEER-IN-CHARGE or his authorised representativespecifying the WORK, materials or articles complained ofnotwithstanding that the same may have been inadvertentlypassed, certified and paid for, forthwith rectify or remove andreconstruct the WORK so specified and provide other proper andsuitable materials or articles at his own cost and in the event offailure to do so within the period specified by theENGINEER-IN-CHARGE in his demand aforesaid, the

CONTRACTOR shall be liable to pay compensation at the rate of 1% (One percent) of the estimated cost of the whole WORK, forevery week limited to a maximum of 10% (ten percent) of the valueof the whole WORK, while his failure to do so shall continue and inthe case of any such failure the ENGINEER-IN-CHARGE may onexpiry of notice period rectify or remove and re-execute the WORKor remove and replaced with others, the materials or articlescomplained of to as the case may be at the risk and expense in allrespects of the CONTRACTOR. The decision of theEngineering-in-charge as to any question arising under this clauseshall be final and conclusive.77 Suspension of works: 77.1 i) Subject to the provisions of sub-para (ii) of this clause, theCONTRACTOR shall, if ordered in writing by theENGINEER-IN-CHARGE, or his representative, temporarilysuspend the WORKS or any part thereof for such writtenorder, proceed with the WORK therein ordered to besuspended until, he shall have received a written order toproceed therewith. The CONTRACTOR shall not beentitled to claim compensation for any loss or damagesustained by him by reason of temporary suspension of theWORKS aforesaid. An extension of time for completion,corresponding with the delay caused by any suchsuspension of the WORKS as aforesaid will be granted tothe CONTRACTOR should he apply for the same providedthat the suspension was not consequent to any default orfailure on the part of the CONTRACTOR.ii)In case of suspensions of entire WORK, ordered in writingby ENGINEER-IN-CHARGE, for a period of more thantwo months, the CONTRACTOR shall have the option toterminate the CONTRACT.78 Employer may do part ofwork:78.1 Upon failure of the CONTRACTOR to comply with any instructionsgiven in accordance with the provisions of this CONTRACT theEMPLOYER has the alternative right, instead of assuming chargeof entire WORK, to place additional labour force, tools, equipmentsand materials on such parts of the WORK, as the EMPLOYER maydesignate or also engage another CONTRACTOR to carry out theWORK. In such cases, the EMPLOYER shall deduct from theamount which otherwise might become due to the CONTRACTOR,the cost of such work and material with ten percent (10%) added tocover all departmental charges and should the total amount thereofexceed the amount due to the CONTRACTOR, the CONTRACTORshall pay the difference to the EMPLOYER.79 Possession prior tocompletion:80 (Defects liability period)twelve months period ofliability from the date of79.1 The ENGINEER-IN-CHARGE shall have the right to takepossession of or use any completed or partially completed WORKor part of the WORK. Such possession or use shall not be deemedto be an acceptance of any work completed in accordance with theCONTRACT agreement. If such prior possession or use bythe ENGINEER-IN- CHARGE delays the progress of WORK,equitable adjustment in the time of completion will be made and theCONTRACT agreement shall be deemed to be modifiedaccordingly.80.1 The CONTRACTOR shall guarantee the installation/WORK for aperiod of 12 months from the date of completion of WORK ascertified by the ENGINEER-IN-CHARGE which is indicated in the

issue of completioncertificate:Completion Certificate. Any damage or defect that may arise or lieundiscovered at the time of issue of Completion Certificate,connected in any way with the equipment or materials supplied byhim or in the workmanship, shall be rectified or replaced by theCONTRACTOR at his own expense as deemed necessary by theENGINEER-IN-CHARGE or in default, the ENGINEER-IN-CHARGE may carry out such works by other work and deductactual cost incurred towards labour, supervision and materialsconsumables or otherwise plus 100% towards overheads (of whichthe certificate of ENGINEER-IN-CHARGE shall be final) from anysums that may then be or at any time thereafter, become due to theCONTRACTOR or from his Contract Performance Security, or theproceeds of sale thereof or a sufficient part on thereof.80.2 If the CONTRACTOR feels that any variation in WORK or in qualityof materials or proportions would be beneficial or necessary to fulfilthe guarantees called for, he shall bring this to the notice of theENGINEER- IN-CHARGE in writing.If during the period of liability any portion of the WORK/equipment,is found defective and is rectified/ replaced, the period of liability forsuch equipment/ portion of WORK shall be operative from the datesuch rectification/ replacement are carried out and ContractPerformance Guarantee shall be furnished separately for theextended period of liability for that portion of WORK/ equipmentonly. Notwithstanding the above provisions the supplier's,guarantees/warantees for the replaced equipment shall also bepassed on to the EMPLOYER.80.3 LIMITATION OF LIABILITYNotwithstanding anything contrary contained herein, theaggregate total liability of CONTRACTOR under the Agreementor otherwise shall be limited to 100% of Agreement / ContractValue. However, neither party shall be liable to the other party forany indirect and consequential damages, loss of profits or loss ofproduction.81 Care of works: 81.0 From the commencement to completion of the WORK, theCONTRACTOR shall take full responsibility for the care for all worksincluding all temporary works and in case any damages, loss orinjury shall happen to the WORK or to any part thereof or to anytemporary works from any cause whatsoever, shall at his own costrepair and make good the same so that at completion the WORKshall be in good order and in conformity in every respects with therequirement of the CONTRACT and the ENGINEER-IN- CHARGE'sinstructions.81.1 DEFECTS PRIOR TO TAKING OVER:If at any time, before the WORK is taken over, theENGINEER-IN-CHARGE shall:a) Decide that any works done or materials used bythe CONTRACTOR or by any SUB-CONTRACTOR isdefective or not in accordance with the CONTRACT, or thatthe works or any portion thereof are defective, or do notfulfill the requirements of CONTRACT (all such mattersbeing hereinafter, called `Defects' in this clause), and

) As soon as reasonably practicable, gives to theCONTRACTOR notice in writing of the said decision,specifying particulars of the defects alleged to exist or tohave occurred, then the CONTRACTOR shall at his ownexpenses and with all speed make good the defects sospecified.In case CONTRACTOR shall fail to do so, the EMPLOYER maytake, at the cost of the CONTRACTOR, such steps as may in allcircumstances, be reasonable to make good such defects. Theexpenditure so incurred by the EMPLOYER will be recovered fromthe amount due to the CONTRACTOR. The decision of theENGINEER-IN-CHARGE with regard to the amount to be recoveredfrom the CONTRACTOR will be final and binding on theCONTRACTOR. As soon as the WORK has been completed inaccordance with the CONTRACT (except in minor respects that donot affect their use for the purpose for which they are intended andexcept for maintenance there of provided in clause 80.1 of GeneralConditions of Contract) and have passed the tests on completion,the ENGINEER-IN-CHARGE shall issue a certificate (hereinaftercalled Completion Certificate) in which he shall certify the date onwhich the WORK have been so completed and have passed thesaid tests and the EMPLOYER shall be deemed to have taken overthe WORK on the date so certified. If the WORK has been dividedinto various groups in the CONTRACT, the EMPLOYER shall beentitled to take over any group or groups before the other or othersand there upon the ENGINEER-IN-CHARGE shall issue aCompletion Certificate which will, however, be for such group orgroups so taken over only. In such an event if the group /section/part so taken over is related, to the integrated system of the work,not withstanding date of grant of Completion Certificate for group/section/ part. The period of liability in respect of such group/section/ part shall extend 12 (twelve) months from the date ofcompletion of WORK.81.2 DEFECTS AFTER TAKING OVER:In order that the CONTRACTOR could obtain a COMPLETIONCERTIFICATE he shall make good, with all possible speed, anydefect arising from the defective materials supplied by theCONTRACTOR or workmanship or any act or omission of theCONTRACT or that may have been noticed or developed, after theworks or groups of the works has been taken over, the periodallowed for carrying out such WORK will be normally one month. Ifany defect be not remedied within a reasonable time, theEMPLOYER may proceed to do the WORK at CONTRACTOR'srisk and expense and deduct from the final bill such amount as maybe decided by the EMPLOYER.If by reason of any default on the part of the CONTRACTOR aCOMPLETION CERTIFICATE has not been issued in respect ofany portion of the WORK within one month after the date fixed bythe CONTRACT for the completion of the WORK, the EMPLOYERshall be at liberty to use the WORK or any portion thereof in respectof which a completion certificate has not been issued, provided thatthe WORK or the portion thereof so used as aforesaid shall beafforded reasonable opportunity for completing these works for theissue of Completion Certificate.

82 Guarantee/transfer ofguarantee:83 Training of employer'spersonnel:84 Replacement of defectiveparts and materials:82.1 For works like water-proofing, acid and alkali resisting materials,pre-construction soil treatment against termite or any otherspecialized works etc. the CONTRACTOR shall invariably engageSUB-CONTRACTORS who are specialists in the field and firms ofrepute and such a SUB-CONTRACTOR shall furnish guaranteesfor their workmanship to the EMPLOYER, through theCONTRACTOR. In case such a SUB-CONTRACTOR/ firm is notprepared to furnish a guarantee to the EMPLOYER, theCONTRACTOR shall give that guarantee to the EMPLOYERdirectly.83.1 The CONTRACTOR undertakes to provide training to Engineeringpersonnel selected and sent by the EMPLOYER at the works of theCONTRACTOR without any cost to the EMPLOYER. The periodand the nature of training for the individual personnel shall beagreed upon mutually between the CONTRACTOR and theEMPLOYER. These engineering personnel shall be given specialtraining at the shops, where the equipment will be manufacturedand/ or in their collaborator's works and where possible, in any otherplant where equipment manufactured by the CONTRACTOR or hiscollaborators is under installation or test to enable those personnelto become familiar with the equipment being furnished by theCONTRACTOR. EMPLOYER shall bear only the to and fro fare ofthe said engineering personnel.84.1 If during the progress of the WORK, EMPLOYER shall decide andinform in writing to the CONTRACTOR, that the CONTRACTORhas manufactured any plant or part of the plant unsound orimperfect or has furnished plant inferior to the quality specified, theCONTRACTOR on receiving details of such defects or deficienciesshall at his own expenses within 7 (seven) days of his receiving thenotice, or otherwise within such time as may be reasonablynecessary for making it good, proceed to alter, re-construct orremove such work and furnish fresh equipments upto the standardsof the specifications. In case the CONTRACTOR fails to do so,EMPLOYER may on giving the CONTRACTOR 7 (seven) day'snotice in writing of his intentions to do so, proceed to remove theportion of the WORK so complained of and at the cost ofCONTRACTOR's, perform all such works or furnish all suchequipments provided that nothing in the clause shall be deemed todeprive the EMPLOYER of or affect any rights under theCONTRACT, the EMPLOYER may otherwise have in respect ofsuch defects and deficiencies.84.2 The CONTRACTOR's full and extreme liability under this clauseshall be satisfied by the payments to the EMPLOYER of the extracost, of such replacements procured including erection/installationas provided for in the CONTRACT; such extra cost being theascertained difference between the price paid by the EMPLOYERfor such replacements and the CONTRACT price portion for suchdefective plants and repayments of any sum paid by theEMPLOYER to the CONTRACTOR in respect of such defectiveplant. Should the EMPLOYER not so replace the defective plantthe CONTRACTOR's extreme liability under this clause shall belimited to the repayment of all such sums paid by the EMPLOYERunder the CONTRACT for such defective plant.85 Indemnity 85.1 If any action is brought before a Court, Tribunal or any otherAuthority against the Employer or an officer or agent of theEMPLOYER, for the failure, omission or neglect on the part of the

CONTRACTOR to perform any acts, matters, covenants or thingsunder the CONTRACT, or damage or injury caused by the allegedomission or negligence on the part of the CONTRACTOR, hisagents, representatives or his SUB- CONTRACTOR's, or inconnection with any claim based on lawful demands ofSUB-CONTRACTOR's workmen suppliers or employees, theCONTRACTOR, shall in such cases indemnify and keep theEMPLOYER and/or their representatives harmless from all losses,damages, expenses or decrees arising out of such action.86 Construction aids,equipments, tools & tackles:CONTRACTOR shall be solely responsible for makingavailable for executing the WORK, all requisite CONSTRUCTIONEQUIPMENTS, Special Aids, Barges, Cranes and the like, all Tools,Tackles and Testing Equipment and Appliances, including importsof such equipment etc. as required. In case of import of the samethe rates applicable for levying of Custom Duty on such Equipment,Tools, & Tackles and the duty drawback applicable thereon shall beascertained by the CONTRACTOR from the concerned authoritiesof Government of India. It shall be clearly understood thatEMPLOYER shall not in any way be responsible for arranging toobtain Custom Clearance and/or payment of any duties and/or dutydraw backs etc. for such equipments so imported by theCONTRACTOR and the CONTRACTOR shall be fully responsiblefor all taxes, duties and documentation with regard to the same.Tenderer in his own interest may contact, for any clarifications in thematter, concerned agencies/Dept./Ministries of Govt. of India. Allclarifications so obtained and interpretations thereof shall be solelythe responsibility of the CONTRACTOR.SECTION-VICertificates and Payments87 Schedule of rates andpayments:87.1 i) CONTRACTOR'S REMUNERATION:The price to be paid by the EMPLOYER to CONTRACTORfor the whole of the WORK to be done and for theperformance of all the obligations undertaken by theCONTRACTOR under the CONTRACT DOCUMENTSshall be ascertained by the application of the respectiveSchedule of Rates (the inclusive nature of which is moreparticularly defined by way of application but not oflimitation, with the succeeding sub-clause of this clause)and payment to be made accordingly for the WORKactually executed and approved by the ENGINEER-IN-CHARGE. The sum so ascertained shall (exceptingonly as and to the extent expressly provided herein)constitute the sole and inclusive remuneration of theCONTRACTOR under the CONTRACT and no further orother payment whatsoever shall be or become due orpayable to the CONTRACTOR under the CONTRACT.ii)SCHEDULE OF RATES TO BE INCLUSIVE:The prices/rates quoted by the CONTRACTOR shallremain firm till the issue of FINAL CERTIFICATE and shallnot be subject to escalation. Schedule of Rates shall bedeemed to include and cover all costs, expenses andliabilities of every description and all risks of every kind tobe taken in executing, completing and handing over the

WORK to the EMPLOYER by the CONTRACTOR. TheCONTRACTOR shall be deemed to have known thenature, scope, magnitude and the extent of the WORK andmaterials required though the CONTRACT DOCUMENTmay not fully and precisely furnish them. Tenderer's shallmake such provision in the Schedule of Rates as he mayconsider necessary to cover the cost of such items ofWORK and materials as may be reasonable and necessaryto complete the WORK. The opinion of theENGINEER-IN-CHARGE as to the items of WORK whichare necessary and reasonable for COMPLETION OFWORK shall be final and binding on the CONTRACTOR,although the same may not be shown on or describedspecifically in CONTRACT DOCUMENTS.Generality of this present provision shall not be deemed tocut down or limit in any way because in certain cases itmay and in other cases it may not be expressly stated thatthe CONTRACTOR shall do or perform a work or supplyarticles or perform services at his own cost or withoutaddition of payment or without extra charge or words to thesame effect or that it may be stated or not stated that thesame are included in and covered by the Schedule ofRates.iii) SCHEDULE OF RATES TO COVERCONSTRUCTION EQUIPMENTS, MATERIALS, LABOURETC.:Without in any way limiting the provisions of the precedingsub-clause the Schedule of Rates shall be deemed toinclude and cover the cost of all construction equipment,temporary WORK (except as provided for herein), pumps,materials, labour, insurance, fuel, consumables, stores andappliances to be supplied by the CONTRACTOR and allother matters in connection with each item in the Scheduleof Rates and the execution of the WORK or any portionthereof finished, complete in every respect and maintainedas shown or described in the CONTRACT DOCUMENTSor as may be ordered in writing during the continuance ofthe CONTRACT.iv)SCHEDULE OF RATES TO COVER ROYALTIES,RENTS AND CLAIMS:The Schedule of Rates (i.e., VALUE OF CONTRACT) shallbe deemed to include and cover the cost of all royalties andfees for the articles and processes, protected by letters,patent or otherwise incorporated in or used in connectionwith the WORK, also all royalties, rents and other paymentsin connection with obtaining materials of whatsoever kindfor the WORK and shall include an indemnity to theEMPLOYER which the CONTRACTOR hereby givesagainst all actions, proceedings, claims, damages, costsand expenses arising from the incorporation in or use onthe WORK of any such articles, processes or materials,octroi or other municipal or local Board Charges, if leviedon materials, equipment or machineries to be brought tosite for use on WORK shall be borne by theCONTRACTOR.

v) SCHEDULE OF RATES TO COVER TAXES ANDDUTIES:No exemption or reduction of Customs Duties, ExciseDuties, Sales Tax, Sales Tax on works Contract quay orany port dues, transport charges, stamp duties or Centralor State Government or local Body or Municipal Taxes orduties, taxes or charges (from or of any other body),whatsoever, will be granted or obtained, all of whichexpenses shall be deemed to be included in and coveredby the Schedule or Rates. The CONTRACTOR shall alsoobtain and pay for all permits or other privileges necessaryto complete the WORK.vi)SCHEDULE OF RATES TO COVER RISKS OF DELAY:The Schedule of Rates shall be deemed to include andcover the risk of all possibilities of delay and interferencewith the CONTRACTOR's conduct of WORK which occurfrom any causes including orders of the EMPLOYER in theexercise of his power and on account of extension of timegranted due to various reasons and for all other possible orprobable causes of delay.vii)SCHEDULE OF RATES CANNOT BE ALTERED:For WORK under unit rate basis, no alteration will beallowed in the Schedule of Rates by reason of works or anypart of them being modified, altered, extended, diminishedor committed. The Schedule of Rates are fully inclusive ofrates which have been fixed by the CONTRACTOR andagreed to by the EMPLOYER and cannot be altered.For lumpsum CONTRACTS, the payment will be madeaccording to the WORK actually carried out, for whichpurpose an item wise, or work wise Schedule of Rates shallbe furnished, suitable for evaluating the value of WORKdone and preparing running account bill.Payment for any additional work which is not covered in theSchedule of Rates, shall only be released on issuance ofchange order.88 Procedure for measurementand billing of work inprogress:88.1 BILLING PROCEDURE:Following procedures shall be adopted for billing of works executedby the CONTRACTOR.88.1.1 All measurements shall be recorded in sextuplicate on standardmeasurement sheets supplied by EMPLOYER and submitted toEMPLOYER/CONSULTANT for scrutiny and passing.88.1.2 EMPLOYER/CONSULTANT shall scrutinise and check themeasurements recorded on the sheets and shall certify correctnessof the same on the measurement sheets.88.1.3 ENGINEER-IN-CHARGE shall pass the bills after carrying out thecomprehensive checks in accordance with the terms and conditionsof the CONTRACTS, within 7 days of submission of the bills,

complete in all respects and send the same to the Employer toeffect payment to the CONTRACTOR.88.1.4 GAIL shall make all endeavour to make payments of undisputedamount of the bills submitted based on the joint measurementswithin 15 (Fifteen) days from the date of certification by theEngineer-in-Charge.88.1.5 Measurements shall be recorded as per the methods ofmeasurement spelt out in EMPLOYER/CONSULTANTSPECIFICATIONS / CONTRACT DOCUMENT.EMPLOYER/CONSULTANT shall be fully responsible for checkingthe measurements quantitatively and qualitatively as recorded in theMeasurement Books/ Bills.88.1.6 While preparing the final bills overall measurements will not be takenagain. Only volume of work executed since the last measured billalongwith summary of final measurements will be considered for thefinal bill. However, a detailed check shall be made as to missingmeasurements and in case there are any missing items ormeasurements the same shall be recorded.88.1.7 COMPUTERISED BILLING SYSTEM : GAIL (India) Limited hasintroduced Computerised Billing System whereby when the Bills aresubmitted in GAIL by a Contractor, a receipt number is generated.The Contractor can know the status of the Bill through GAIL’swebsite.88.2 SECURED ADVANCE ON MATERIAL:Unless otherwise provided elsewhere in the tender, no `SecuredAdvance' on security of materials brought to site for execution ofcontracted items(s) shall be paid to the Contractor whatsoever.88.3 DISPUTE IN MODE OF MEASUREMENT:In case of any dispute as to the mode of measurement not coveredby the CONTRACT to be adopted for any item of WORK, mode ofmeasurement as per latest Indian Standard Specifications shall befollowed.88.4 ROUNDING OF AMOUNTS:In calculating the amount of each item due to the CONTRACTOR inevery certificate prepared for payment, sum of less than 50 paiseshall be omitted and the total amount on each certificate shall berounded off to the nearest rupees, i.e., sum of less than 50 paiseshall be omitted and sums of 50 paise and more upto one rupeeshall be reckoned as one rupee.89 Lumpsum in tender: 89.1 The payment against any Lumpsum item shall be made only oncompletion of that item as per the provision of the CONTRACT aftercertification by ENGINEER-IN-CHARGE.90 Running account paymentsto be regarded as advance:90.1 All running account payments shall be regarded as payment by wayof advance against the final payment only and not as payments forWORK actually done and completed and shall not preclude therequiring of bad, unsound and imperfect or unskilled work to beremoved and taken away and reconstructed or re-erected or beconsidered as an admission of the due performance of the

CONTRACT, or any part thereof, in this respect, or of the accurringof any claim by the CONTRACTOR, nor shall it conclude, determineor affect in any way the powers of the EMPLOYER under theseconditions or any of them as to the final settlement and adjustmentof the accounts or otherwise, or in any other way vary or affect theCONTRACT. The final bill shall be submitted by theCONTRACTOR within one month of the date of physical completionof the WORK, otherwise, the ENGINEER-IN-CHARGE's certificateof the measurement and of total amount payable for the WORKaccordingly shall be final and binding on all parties91 Notice of claims foradditional payments:91.1 Should the CONTRACTOR consider that he is entitled to any extrapayment for any extra/additional WORKS or MATERIAL change inoriginal SPECIFICATIONS carried out by him in respect of WORKhe shall forthwith give notice in writing to the ENGINEER-IN-CHARGE that he claims extra payment. Such notice shall be givento the ENGINEER-IN-CHARGE upon which CONTRACTOR basessuch claims and such notice shall contain full particulars of thenature of such claim with full details of amount claimed. Irrespectiveof any provision in the CONTRACT to the contrary, theCONTRACTOR must intimate his intention to lodge claim on theEMPLOYER within 10 (ten) days of the commencement ofhappening of the event and quantify the claim within 30 (thirty) days,failing which the CONTRACTOR will lose his right to claim anycompensation/reimbursement/damages etc. or refer the matter toarbitration. Failure on the part of CONTRACTOR to put forward anyclaim without the necessary particulars as above within the timeabove specified shall be an absolute waiver thereof. No omission byEMPLOYER to reject any such claim and no delay in dealingtherewith shall be waiver by EMPLOYER of any of this rights inrespect thereof.91.2 ENGINEER-IN-CHARGE shall review such claims within areasonably period of time and cause to discharge these in a mannerconsidered appropriate after due deliberations thereon. However,CONTRACTOR shall be obliged to carry on with the WORK duringthe period in which his claims are under consideration by theEMPLOYER, irrespective of the outcome of such claims, whereadditional payments for WORKS considered extra are justifiable inaccordance with the CONTRACT provisions, EMPLOYER shallarrange to release the same in the same manner as for normalWORK payments. Such of the extra works so admitted byEMPLOYER shall be governed by all the terms, conditions,stipulations and specifications as are applicable for theCONTRACT. The rates for extra works shall generally be the unitrates provided for in the CONTRACT. In the event unit rates forextra works so executed are not available as per CONTRACT,payments may either be released on day work basis for whichdaily/hourly rates for workmen and hourly rates for equipmentrental shall apply, or on the unit rate for WORK executed shall bederived by interpolation/ extrapolation of unit rates already existingin the CONTRACT. In all the matters pertaining to applicability ofrate and admittance of otherwise of an extra work claim ofCONTRACTOR the decision of ENGINEER-IN-CHARGE shall befinal and binding.92 Payment of contractor's bill: 92.1 No payment shall be made for works estimated to cost less thanRs.10,000/- till the whole of the work shall have been completed

and a certificate of completion given. But in case of worksestimated to cost more than Rs.10,000/-, that CONTRACTOR onsubmitting the bill thereof be entitled to receive a monthly paymentproportionate to the part thereof approved and passed by theENGINEER-IN-CHARGE, whose certificate of such approval andpassing of the sum so payable shall be final and conclusive againstthe CONTRACTOR. This payment will be made after makingnecessary corrections/deductions as stipulated elsewhere in theCONTRACT DOCUMENT for materials, Contract PerformanceSecurity, taxes etc.92.2 Payment due to the CONTRACTOR shall be made by theEMPLOYER by Account Payee cheque forwarding the same toregistered office or the notified office of the CONTRACTOR. In nocase will EMPLOYER be responsible if the cheque is mislaid ormisappropriated by unauthorised person/persons. In all cases, theCONTRACTOR shall present his bill duly pre-receipted on properrevenue stamp payment shall be made in Indian Currency.92.3 In general payment of final bill shall be made to CONTRACTORwithin 60 days of the submission of bill on joint measurements, aftercompletion of all the obligations under the CONTRACT.93 Receipt for payment: 93.1 Receipt for payment made on account of work when executed by afirm, must be signed by a person holding due power of attorney inthis respect on behalf of the CONTRACTOR, except when theCONTRACTOR's are described in their tender as a limitedcompany in which case the receipts must be signed in the name ofthe company by one of its principal officers or by some other personhaving authority to give effectual receipt for the company.94 Completion certificate: 94.1 APPLICATION FOR COMPLETION CERTIFICATE:When the CONTRACTOR fulfils his obligation under Clause 81.1he shall be eligible to apply for COMPLETION CERTIFICATE.The ENGINEER-IN-CHARGE shall normally issue to theCONTRACTOR the COMPLETION CERTIFICATE within onemonth after receiving any application therefore from theCONTRACTOR after verifying from the completion documents andsatisfying himself that the WORK has been completed inaccordance with and as set out in the construction and erectiondrawings, and the CONTRACT DOCUMENTS.The CONTRACTOR, after obtaining the COMPLETIONCERTIFICATE, is eligible to present the final bill for the WORKexecuted by him under the terms of CONTRACT.94.2 COMPLETION CERTIFICATE:Within one month of the completion of the WORK in all respects,the CONTRACTOR shall be furnished with a certificate by theENGINEER-IN-CHARGE of such completion, but no certificate shallbe given nor shall the WORK be deemed to have been executeduntil all scaffolding, surplus materials and rubbish is cleared off theSITE completely nor until the WORK shall have been measured bythe ENGINEER-IN-CHARGE whose measurement shall be bindingand conclusive. The WORKS will not be considered as completeand taken over by the EMPLOYER, until all the temporary works,

labour and staff colonies are cleared to the satisfaction of theENGINEER-IN-CHARGE.If the CONTRACTOR fails to comply with the requirements of thisclause on or before the date fixed for the completion of the WORK,the ENGINEER-IN-CHARGE may at the expense of theCONTRACTOR remove such scaffolding, surplus materials andrubbish and dispose off the same as he thinks fit and clean off suchdirt as aforesaid, and the CONTRACTOR shall forthwith pay theamount of all expenses so incurred and shall have no claim inrespect of any such scaffolding or surplus materials as aforesaidexcept for any sum actually realised by the sale thereof.94.3 COMPLETION CERTIFICATE DOCUMENTS:For the purpose of Clause 94.0 the following documents will bedeemed to form the completion documents:i) The technical documents according to which the WORKwas carried out.ii)Six (6) sets of construction drawings showing therein themodification and correction made during the course ofexecution and signed by the ENGINEER-IN-CHARGE.iii) COMPLETION CERTIFICATE for `embedded' and`covered' up work.iv)Certificates of final levels as set out for various works.v) Certificates of tests performed for various WORKS.vi)Material appropriation, Statement for the materials issuedby the EMPLOYER for the WORK and list of surplusmaterials returned to the EMPLOYER's store dulysupported by necessary documents.95 Final decision and finalcertificate:96 Certificate and payments onevidence of completion:95.1 Upon expiry of the period of liability and subject to theENGINEER-IN-CHARGE being satisfied that the WORKS havebeen duly maintained by the CONTRACTOR during monsoon orsuch period as hereinbefore provided in Clause 80 & 81 and thatthe CONTRACTOR has in all respect duly made-up anysubsidence and performed all his obligations under theCONTRACT, the ENGINEER-IN- CHARGE shall (without prejudiceto the rights of the EMPLOYER to retain the provisions of relevantClause hereof) otherwise give a certificate herein referred to as theFINAL CERTIFICATE to that effect and the CONTRACTOR shallnot be considered to have fulfilled the whole of his obligations underCONTRACT until FINAL CERTIFICATE shall have been given bythe ENGINEER-IN- CHARGE notwithstanding any previous entryupon the WORK and taking possession, working or using of thesame or any part thereof by the EMPLOYER.96.1 Except the FINAL CERTIFICATE, no other certificates or paymentsagainst a certificate or on general account shall be taken to be anadmission by the EMPLOYER of the due performance of theCONTRACT or any part thereof or of occupancy or validity of anyclaim by the CONTRACTOR.

97 Deductions from the contractprice:97.1 All costs, damages or expenses which EMPLOYER may have paidor incurred, which under the provisions of the CONTRACT, theCONTRACTOR is liable/will be liable, will be claimed by theEMPLOYER. All such claims shall be billed by the EMPLOYER tothe CONTRACTOR regularly as and when they fall due. Suchclaims shall be paid by the CONTRACTOR within 15 (fifteen) daysof the receipt of the corresponding bills and if not paid by theCONTRACTOR within the said period, the EMPLOYER may, then,deduct the amount from any moneys due i.e., ContractPerformance Security or becoming due to the CONTRACTORunder the CONTRACT or may be recovered by actions of law orotherwise, if the CONTRACTOR fails to satisfy the EMPLOYER ofsuch claims.SECTION-VII Taxes and Insurance98 Taxes, Duties, Octroi etc: 98.1 The CONTRACTOR agrees to and does hereby accept full andexclusive liability for the payment of any and all Taxes, Duties,including Excise duty, octroi etc. now or hereafter imposed,increased, modified, all the sales taxes, duties, octrois etc. now inforce and hereafter increased, imposed or modified, from time totime in respect of WORKS and materials and all contributions andtaxes for unemployment compensation, insurance and old agepensions or annuities now or hereafter imposed by any Central orState Government authorities which are imposed with respect to orcovered by the wages, salaries, or other compensations paid to thepersons employed by the CONTRACTOR and the CONTRACTORshall be responsible for the compliance of allSUB-CONTRACTORS, with all applicable Central, State, Municipaland local law and regulation and requirement of any Central, Stateor local Government agency or authority. CONTRACTOR furtheragrees to defend, indemnify and hold EMPLOYER harmless fromany liability or penalty which may be imposed by the Central, Stateor Local authorities by reason or any violation by CONTRACTORor SUB-CONTRACTOR of such laws, suits or proceedings thatmay be brought against the EMPLOYER arising under, growing outof, or by reason of the work provided for by this CONTRACT, bythird parties, or by Central or State Government authority or anyadministrative sub-division thereof.Tax deductions will be made as per the rules and regulations inforce in accordance with acts prevailing from time to time.99 Sales tax/turnover tax: 99.1 Tenderer should quote all inclusive prices including the liability ofSales Tax/Turnover Tax whether on the works contract as a wholeor in respect of bought out components used by theCONTRACTOR in execution of the CONTRACT. EMPLOYERshall not be responsible for any such liability of the CONTRACTORin respect of this CONTRACT.100 Statutory variations 100.1 Tenderer should quote prices inclusive of excise-duty and sales taxapplicable on finished product. Any statutory variations in ExciseDuty and sales tax on finished product during the contractualcompletion period, shall be to the Employer's account for which theContractor will furnish documentary evidence(s) in support of theirclaims to GAIL. However, any increase in the rate of these taxes

and duties (E.D. and S.T.) beyond the contractual completionperiod shall be to Contractor's account and any decrease shallbe passed on to GAIL.101 Insurance: 101.1 GENERALCONTRACTOR shall at his own expense arrange secure andmaintain insurance with reputable insurance companies to thesatisfaction of the EMPLOYER as follows:CONTRACTOR at his cost shall arrange, secure and maintaininsurance as may be necessary and to its full value for all suchamounts to protect the WORKS in progress from time to time andthe interest of EMPLOYER against all risks as detailed herein. Theform and the limit of such insurance, as defined here in togetherwith the under works thereof in each case should be as acceptableto the EMPLOYER. However, irrespective of work acceptance theresponsibility to maintain adequate insurance coverage at all timesduring the period of CONTRACT shall be that of CONTRACTORalone. CONTRACTOR's failure in this regard shall not relieve himof any of his responsibilities and obligations under CONTRACT.Any loss or damage to the equipment, during ocean transportation,port/custom clearance, inland and port handling, inlandtransportation, storage, erection and commissioning till such timethe WORK is taken over by EMPLOYER, shall be to the account ofCONTRACTOR. CONTRACTOR shall be responsible forpreferring of all claims and make good for the damage or loss byway of repairs and/or replacement of the parts of the Workdamaged or lost. CONTRACTOR shall provide the EMPLOYERwith a copy of all insurance policies and documents taken out byhim in pursuance of the CONTRACT. Such copies of documentshall be submitted to the EMPLOYER immediately upon theCONTRACTOR having taken such insurance coverage.CONTRACTOR shall also inform the EMPLOYER at least 60(Sixty)days in advance regarding the expiry cancellation and/or changesin any of such documents and ensure revalidation/renewal etc., asmay be necessary well in time.Statutory clearances, if any, in respect of foreign supply required forthe purpose of replacement of equipment lost in transit and/orduring erection, shall be made available by the EMPLOYER.CONTRACTOR shall, however, be responsible for obtainingrequisite licences, port clearances and other formalities relating tosuch import. The risks that are to be covered under the insuranceshall include, but not be limited to the loss or damage in handling,transit, theft, pilferage, riot, civil commotion, weather conditions,accidents of all kinds, fire, war risk (during ocean transportationonly) etc. The scope of such insurance shall cover the entire valueof supplies of equipments, plants and materials to be imported fromtime to time.All costs on account of insurance liabilities covered underCONTRACT will be to CONTRACTOR's account and will beincluded in VALUE OF CONTRACT. However, the EMPLOYERmay from time to time, during the currency of the CONTRACT, askthe CONTRACTOR in writing to limit the insurance coverage riskand in such a case, the parties to the CONTRACT will agree for amutual settlement, for reduction in VALUE OF CONTRACT to the

extent of reduced premium amounts.CONTRACTOR as far as possible shall cover insurance with IndianInsurance Companies, including marine Insurance during oceantransportation.i) EMPLOYEES STATE INSURANCE ACT:The CONTRACTOR agrees to and does hereby accept fulland exclusive liability for the compliance with all obligationsimposed by the Employee State Insurance Act 1948 andthe CONTRACTOR further agrees to defend, indemnifyand hold EMPLOYER harmless for any liability or penaltywhich may be imposed by the Central, State or Localauthority by reason of any asserted violation byCONTRACTOR or SUB-CONTRACTOR of theEmployees' State Insurance Act, 1948, and also from allclaims, suits or proceeding that may be brought against theEMPLOYER arising under, growing out of or by reasons ofthe work provided for by this CONTRACTOR, by thirdparties or by Central or State Government authority or anypolitical sub- division thereof.The CONTRACTOR agrees to fill in with the Employee'sState Insurance Corporation, the Declaration Forms, andall forms which may be required in respect of theCONTRACTOR's or SUB- CONTRACTOR's employees,who are employed in the WORK provided for or thosecovered by ESI from time to time under the Agreement.The CONTRACTOR shall deduct and secure theagreement of the SUB- CONTRACTOR to deduct theemployee's contribution as per the first schedule of theEmployee's State Insurance Act from wages and affix theEmployees Contribution Card at wages payment intervals.The CONTRACTOR shall remit and secure the agreementof SUB-CONTRACTOR to remit to the State Bank of India,Employee's State Insurance Corporation Account, theEmployee's contribution as required by the Act. TheCONTRACTOR agrees to maintain all cards and Recordsas required under the Act in respect of employees andpayments and the CONTRACTOR shall secure theagreement of the SUB- CONTRACTOR to maintain suchrecords. Any expenses incurred for the contributions,making contributions or maintaining records shall be to theCONTRACTOR's or SUB-CONTRACTOR's account.The EMPLOYER shall retain such sum as may benecessary from the total VALUE OF CONTRACT until theCONTRACTOR shall furnish satisfactory proof that allcontributions as required by the Employees StateInsurance Act, 1948, have been paid. This will be pendingon the CONTRACTOR when the ESI Act is extended tothe place of work.ii) WORKMEN COMPENSATION ANDEMPLOYER'S LIABILITY INSURANCE:Insurance shall be effected for all the CONTRACTOR'semployees engaged in the performance of thisCONTRACT. If any of the work is sublet, the

CONTRACTOR shall require the SUB-CONTRACTOR toprovide workman's Compensation and employer's liabilityinsurance for the later's employees if such employees arenot covered under the CONTRACTOR's Insurance.iii)ACCIDENT OR INJURY TO WORKMEN:The EMPLOYER shall not be liable for or in respect of anydamages or compensation payable at law in respect or inconsequence of any accident or injury to any workman orother person in the Employment of the CONTRACTOR orany SUB-CONTRACTOR save and except an accident orinjury resulting from any act or default of the EMPLOYER,his agents or servants and the CONTRACTOR shallindemnify and keep indemnified the EMPLOYER againstall such damages and compensation (save and except andaforesaid) and against all claims, demands, proceeding,costs, charges and expenses, whatsoever in respect or inrelation thereto.iv)TRANSIT INSURANCEIn respect of all items to be transported by the CONTRACTOR tothe SITE of WORK, the cost of transit insurance should be borneby the CONTRACTOR and the quoted price shall be inclusive ofthis cost.V) COMPREHENSIVE AUTOMOBILE INSURANCEThis insurance shall be in such a form as to protect theContractor against all claims for injuries, disability, disease anddeath to members of public including EMPLOYER’s men anddamage to the property of others arising from the use of motorvehicles during on or off the `site’ operations, irrespective of theEmployership of such vehicles.VI)COMPREHENSIVE GENERAL LIABILITYINSURANCEa) This insurance shall protect the Contractoragainst all claims arising from injuries,disabilities, disease or death of member of publicor damage to property of others due to any act oromission on the part of the Contractor, hisagents, his employees, his representatives andSub-Contractor’s or from riots, strikes and civilcommotion.b) Contractor shall take suitable Group PersonalAccident Insurance Cover for taking care of injury,damage or any other risks in respect of hisEngineers and other Supervisory staff who are notcovered under Employees State Insurance Act.c) The policy shall cover third party liability. The thirdparty (liability shall cover the loss/ disablement ofhuman life (person not belonging to theContractor) and also cover the risk of damage to

others materials/ equipment/ properties duringconstruction, erection and commissioning at site.The value of third party liability for compensationfor loss of human life or partial/full disablementshall be of required statutory value but not lessthan Rs. 2 lakhs per death, Rs. 1.5 lakhs per fulldisablement and Rs. 1 lakh per partial disablementand shall nevertheless cover such compensationas may be awarded by Court by Law in India andcover for damage to others equipment/ property asapproved by the Purchaser. However, third partyrisk shall be maximum to Rs. 10(ten) lakhs todeath.d) The Contractor shall also arrange suitableinsurance to cover damage, loss, accidents, risksetc., in respect of all his plant, equipments andmachinery, erection tools & tackles and all othertemporary attachments brought by him at site toexecute the work.e) The Contractor shall take out insurance policy inthe joint name of EMPLOYER and Contractor fromone or more nationalised insurance company fromany branch office at Project site.f) Any such insurance requirements as are herebyestablished as the minimum policies andcoverages which Contractor must secure andkeep in force must be complied with, Contratorshall at all times be free to obtain additional orincreased coverages at Contractor’s soleexpenses.vii) ANY OTHER INSURANCE REQUIRED UNDERLAW OR REGULATIONS OR BY EMPLOYER:CONTRACTOR shall also carry and maintain any and allother insurance(s) which he may be required under anylaw or regulation from time to time without any extra cost toEMPLOYER. He shall also carry and maintain any otherinsurance which may be required by the EMPLOYER.102 Damage to Property or toany Person or any ThirdParty102.1 i) CONTRACTOR shall be responsible for making good tothe satisfaction of the EMPLOYER any loss or anydamage to structures and properties belonging to theEMPLOYER or being executed or procured or beingprocured by the EMPLOYER or of other agencies within inthe premises of all the work of the EMPLOYER, if suchloss or damage is due to fault and/or the negligence orwillful acts or omission of the CONTRACTOR, hisemployees, agents, representatives orSUB-CONTRACTORs.ii)The CONTRACTOR shall take sufficient care in movinghis plants, equipments and materials from one place toanother so that they do not cause any damage to anyperson or to the property of the EMPLOYER or any thirdparty including overhead and underground cables and inthe event of any damage resulting to the property of the

EMPLOYER or of a third party during the movement of theaforesaid plant, equipment or materials the cost of suchdamages including eventual loss of production, operationor services in any plant or establishment as estimated bythe EMPLOYER or ascertained or demanded by the thirdparty shall be borne by the CONTRACTOR. Third partyliability risk shall be Rupees One lakh for single accidentand limited to Rupees Ten lakhs.iii)The CONTRACTOR shall indemnify and keep theEMPLOYER harmless of all claims for damages toproperty other than EMPLOYER's property arising underor by reason of this agreement, if such claims result fromthe fault and/or negligence or willful acts or omission of theCONTRACTOR, his employees, agents, representative ofSUB-CONTRACTOR.SECTION-VIIILabour Laws103 Labour laws: 103.1 i) No labour below the age of 18 (eighteen) years shall beemployed on the WORK.ii)iii)iv)The CONTRACTOR shall not pay less than what isprovided under law to labourers engaged by him on theWORK.The CONTRACTOR shall at hisexpense comply with all labour laws and keep theEMPLOYER indemnified in respect thereof.The CONTRACTOR shall payequal wages for men and women in accordance withapplicable labour laws.v) If the CONTRACTOR is covered under the Contract labour(Regulation and Abolition) Act, he shall obtain a licencefrom licensing authority (i.e. office of the labourcommissioner) by payment of necessary prescribed feeand the deposit, if any, before starting the WORK underthe CONTRACT. Such fee/deposit shall be borne by theCONTRACTOR.vi)vii)The CONTRACTOR shall employ labour in sufficientnumbers either directly or through SUB- CONTRACTOR'sto maintain the required rate of progress and of quality toensure workmanship of the degree specified in theCONTRACT and to the satisfaction of theENGINEER-IN-CHARGE.The CONTRACTOR shall furnish to the ENGINEER-IN-CHARGE the distribution return of the number anddescription, by trades of the work people employed on theworks. The CONTRACTOR shall also submit on the 4thand 19th of every month to the ENGINEER-IN-CHARGE atrue statement showing in respect of the second half of thepreceding month and the first half of the current month (1)the accidents that occurred during the said fortnightshowing the circumstances under which they happenedand the extent of damage and injury caused by them and

(2) the number of female workers who have been allowedMaternity Benefit as provided in the Maternity Benefit Act1961 on Rules made thereunder and the amount paid tothem.viii)ix)The CONTRACTOR shall comply with the provisions of thepayment of Wage Act 1936, Employee Provident Fund Act1952, Minimum Wages Act 1948. Employers Liability Act1938. Workmen's Compensation Act 1923, IndustrialDisputes Act 1947, the Maternity Benefit Act 1961 andContract Labour Regulation and Abolition Act 1970,Employment of Children Act 1938 or any modificationsthereof or any other law relating thereto and rules madethereunder from time to time.The ENGINEER-IN-CHARGE shall on a report havingbeen made by an Inspecting Officer as defined in ContractLabour (Regulation and Abolition) Act 1970 have thepower to deduct from the money due to theCONTRACTOR any sum required or estimated to berequired for making good the loss suffered by a worker orworkers by reason of non- fulfillment of the Conditions ofthe Contract for the benefit of workers, non-payment ofwages or of deductions made from his or their wageswhich are not justified by the terms of the Contract ornon-observance of the said regulations.x) The CONTRACTOR shall indemnify the EMPLOYERagainst any payments to be made under and for theobservance of the provisions of the aforesaid Acts withoutprejudice to his right to obtain indemnity from hisSUB-CONTRACTOR's. In the event of theCONTRACTOR committing a default or breach of any ofthe provisions of the aforesaid Acts as amended from timeto time, of furnishing any information or submitting or fillingand Form/ Register/ Slip under the provisions of these Actswhich is materially incorrect then on the report of theinspecting Officers, the CONTRACTOR shall withoutprejudice to any other liability pay to the EMPLOYER asum not exceeding Rs.50.00 as Liquidated Damages forevery default, breach or furnishing, making, submitting,filling materially incorrect statement as may be fixed by theENGINEER-IN- CHARGE and in the event of theCONTRACTOR's default continuing in this respect, theLiquidated Damages may be enhanced to Rs.50.00 perday for each day of default subject to a maximum of onepercent of the estimated cost of the WORK put to tender.The ENGINEER-IN-CHARGE shall deduct such amountfrom bills or Contract Performance Security of theCONTRACTOR and credit the same to the Welfare Fundconstitute under these acts. The decision of theENGINEER-IN-CHARGE in this respect shall be final andbinding.104 Implementation ofapprentices act, 1961:104.1 The CONTRACTOR shall comply with the provisions of theApprentices Act, 1961 and the Rules and Orders issuedthereunder from time to time. If he fails to do so, his failure will bea breach of the CONTRACT and the ENGINEER-IN-CHARGEmay, at his discretion, cancel the CONTRACT. The

CONTRACTOR shall also be liable for any pecuniary liabilityarising on account of any violation by him of the provisions, of theAct.105 Contractor to indemnifythe employer:105.1 i) The CONTRACTOR shall indemnify the EMPLOYER andevery member, office and employee of the EMPLOYER,also the ENGINEER-IN-CHARGE and his staff against allactions, proceedings, claims, demands, costs andexpenses whatsoever arising out of or in connection withthe matters referred to in Clause 102.0 and elsewhere andall actions, proceedings, claims, demands, costs andexpenses which may be made against the EMPLOYERfor or in respect of or arising out of any failure by theCONTRACTOR in the performance of his obligationsunder the CONTRACT DOCUMENT. The EMPLOYERshall not be liable for or in respect of or arising out of anyfailure by the CONTRACTOR in the performance of hisobligations under the CONTRACT DOCUMENT. TheEMPLOYER shall not be liable for or in respect of anydemand or compensation payable by law in respect or inconsequence of any accident or injury to any workmen orother person. In the employment of the CONTRACTORor his SUB-CONTRACTOR the CONTRACTOR shallindemnify and keep indemnified the EMPLOYER againstall such damages and compensations and against allclaims, damages, proceedings, costs, charges andexpenses whatsoever in respect thereof or in relationthereto.ii)PAYMENT OF CLAIMS AND DAMAGES:Should the EMPLOYER have to pay any money inrespect of such claims or demands as aforesaid theamount so paid and the costs incurred by the EMPLOYERshall be charged to and paid by the CONTRACTOR andthe CONTRACTOR shall not be at liberty to dispute orquestion the right of the EMPLOYER to make suchpayments notwithstanding the same, may have beenmade without the consent or authority or in law orotherwise to the contrary.iii)In every case in which by virtue of the provisions ofSection 12, Sub-section (i) of workmen's compensationAct, 1923 or other applicable provision of WorkmenCompensation Act or any other Act, the EMPLOYER isobliged to pay compensation to a workman employed bythe CONTRACTOR in execution of the WORK, theEMPLOYER will recover from the CONTRACTOR theamount of the compensation so paid, and withoutprejudice to the rights of EMPLOYER under Section 12,Sub- section (2) of the said act, EMPLOYER shall be atliberty to recover such amount or any part thereof bydeducting it from the Contract Performance Security orfrom any sum due to the CONTRACTOR whether underthis CONTRACT or otherwise. The EMPLOYER shall notbe bound to contest any claim made under Section 12,Sub-section (i) of the said act, except on the writtenrequest of the CONTRACTOR and upon his giving to theEMPLOYER full security for all costs for which theEMPLOYER might become liable in consequence of

contesting such claim.106 Health and sanitaryarrangements forworkers:106.1 In respect of all labour directly or indirectly employed in theWORKS for the performance of the CONTRACTOR's part of thisagreement, the CONTRACTOR shall comply with or cause to becomplied with all the rules and regulations of the local sanitary andother authorities or as framed by the EMPLOYER from time to timefor the protection of health and sanitary arrangements for allworkers.106.2 The CONTRACTOR shall provide in the labour colony all amenitiessuch as electricity, water and other sanitary and healtharrangements. The CONTRACTOR shall also provide necessarysurface transportation to the place of work and back to the colonyfor their personnel accommodated in the labour colony.SECTION-IXApplicable Laws and Settlement of Disputes107 Arbitration: 107.1 Unless otherwise specified, the matters where decision of theEngineer-in-Charge is deemed to be final and binding as providedin the Agreement and the issues/disputes which cannot be mutuallyresolved within a reasonable time, all disputes shall be referred toarbitration by Sole Arbitrator.The Employer [GAIL (India) Ltd.] shall suggest a panel of threeindependent and distinguished persons to thebidder/contractor/supplier/buyer (as the case may be) to selectany one among them to act as the Sole Arbitrator.In the event of failure of the other parties to select the SoleArbitrator within 30 days from the receipt of the communicationsuggesting the panel of arbitrators, the right of selection of thesole arbitrator by the other party shall stand forfeited and theEMPLOYER (GAIL) shall have discretion to proceed with theappointment of the Sole Arbitrator. The decision of Employer onthe appointment of the sole arbitrator shall be final and bindingon the parties.The award of sole arbitrator shall be final and binding on theparties and unless directed/awarded otherwise by the solearbitrator, the cost of arbitration proceedings shall be sharedequally by the parties. The Arbitration proceedings shall be inEnglish language and venue shall be New Delhi, India.Subject to the above, the provisions of (Indian) Arbitration &Conciliation ACT 1996 and the Rules framed there under shallbe applicable. All matter relating to this contract are subject tothe exclusive jurisdiction of the court situated in the state ofDelhi.Bidders/suppliers/contractors may please note that theArbitration & Conciliation Act 1996 was enacted by the IndianParliament and is based on United Nations Commission onInternational Trade Law (UNCITRAL model law), which wereprepared after extensive consultation with Arbitral Institutionsand centers of International Commercial Arbitration. The UnitedNations General Assembly vide resolution 31/98 adopted theUNCITRAL Arbitration rules on 15 December 1976.

107.2 FOR THE SETTLEMENT OF DISPUTES BETWEENGOVERNMENT DEPARTMENT AND ANOTHER AND ONEGOVERNMENT DEPARTMENT AND PUBLIC ENTERPRISEAND ONE PUBLIC ENTERPRISE AND ANOTHER THEARBITRATION SHALL BE AS FOLLOWS:"In the event of any dispute or difference between the partieshereto, such dispute or difference shall be resolved amicably bymutual consultation or through the good offices of empoweredagencies of the Government. If such resolution is not possible,then, the unresolved dispute or difference shall be referred toarbitration of an arbitrator to be nominated by Secretary,Department of Legal Affairs ("Law Secretary") in terms of theOffice Memorandum No.55/3/1/75-CF, dated the 19th December1975 issued by the Cabinet Secretariat (Department of CabinetAffairs), as modified from time to time. The Arbitration Act 1940(10 of 1940) shall not be applicable to the arbitration under thisclause. The award of the Arbitrator shall be binding upon partiesto the dispute. Provided, however, any party aggrieved by suchaward may make a further reference for setting aside or revisionof the award to Law Secretary whose decision shall bind theparties finally and conclusively.108 Jurisdiction:The CONTRACT shall be governed by and constructed accordingto the laws in force in INDIA. The CONTRACTOR hereby submitsto the jurisdiction of the Courts situated at DELHI for the purposesof disputes, actions and proceedings arising out of theCONTRACT, the courts at DELHI only will have the jurisdiction tohear and decide such disputed, actions and proceedings.SECTION-XSafety Codes109 General: 109.1 CONTRACTOR shall adhere to safe construction practice andguard against hazardous, and unsafe working conditions and shallcomply with EMPLOYER's safety rules as set forth herein. Prior tostart of construction, CONTRACTOR will be furnished copies ofEMPLOYER's "Safety Code" for information and guidance, if it hasbeen prepared.110 Safety regulations: 110.1 i) In respect of all labour, directly employed in the WORK forthe performance of CONTRACTOR's part of thisagreement, the CONTRACTOR shall at his own expensearrange for all the safety provisions as per safety codes ofC.P.W.D., Indian Standards Institution. The Electricity Act,The Mines Act and such other acts as applicable.ii)The CONTRACTOR shall observe and abide by all fireand safety regulations of the EMPLOYER. Before startingconstruction work CONTRACTOR shall consult withEMPLOYER's safety Engineers or ENGINEER-IN-CHARGE and must make good to the satisfaction ofthe EMPLOYER any loss or damage due to fire to anyportion of the work done or to be done under thisagreement or to any of the EMPLOYER's existingproperty.

111 First aid and industrialinjuries:111.0 i) CONTRACTOR shall maintain first aid facilities forits employees and those of its SUB-CONTRACTOR.ii) CONTRACTOR shall make outside arrangementsfor ambulance service and for the treatment of industrialinjuries. Names of those providing these services shall befurnished to EMPLOYER prior to start of construction andtheir telephone numbers shall be prominently posted inCONTRACTOR's field office.iii) All critical industrial injuries shall be reportedpromptly to EMPLOYER, and a copy of CONTRACTOR'sreport covering each personal injury requiring the attentionof a physician shall be furnished to the EMPLOYER.112 General rules: 112.0 Smoking within the battery area, tank farm or dock limits is strictlyprohibited. Violators of the no smoking rules shall be dischargedimmediately.113 Contractor's barricades: 113.0 i) CONTRACTOR shall erect and maintainbarricades required in connection with his operation toguard or protect:-a) Excavationsb) Hoisting Areas.c) Areas adjudged hazardous by CONTRACTOR's orEMPLOYER's inspectors.d) EMPLOYER's existing property subject to damageby CONTRACTOR's Operations.e) Rail Road unloading spots.ii) CONTRACTOR's employees and those of hisSUB- CONTRACTOR's shall become acquainted withEMPLOYER's barricading practice and shall respect theprovisions thereof.iii) Barricades and hazardous areas adjacent to, butnot located in normal routes of travel shall be marked byred flasher lanterns at nights.114 Scaffolding: 114.1 i) Suitable scaffolding should be provided forworkmen for all works that cannot safely be done from theground or from solid construction except such short periodwork as can be done safely from ladders. When a ladderis used an extra Mazdoor shall be engaged for holding theladder and if the ladder is used for carrying material aswell, suitable footholds and handholds shall be providedon the ladder and the ladder shall be given an inclinationnot steeper than 1 in 4 (1 horizontal and 4 vertical).ii)Scaffolding or staging more than 4 metres above theground or floor, swing suspended from an overheadsupport or erected with stationary support shall have aguard rail properly attached, bolted, braced and otherwiseretarded at least one metre high above the floor or

platform of such scaffolding or staging and extendingalong the entire length of the outside and ends thereofwith only such openings as may be necessary for thedelivery of materials. Such scaffolding or staging shall beso fastened as to prevent it from swaying from the buildingor structure.iii) Working platform, gangway and stairway shouldbe so constructed that they should not sag unduly orunequally and if the height of platform of the gangway orthe stairway is more than 4 metres above the ground levelor floor level, they should be closely boarded, should haveadequate width and should be suitably fastened as in ii)above.iv)Every opening in the floor of a building or in a workingplatform shall be provided with suitable means to preventthe fall of persons or materials by providing suitablefencing of railing whose minimum heights shall be 1metre.v) Safe-means of access shall be provided to allworking platforms and other working places, every laddershall be securely fixed. No portable single ladder shall beover 9 metres in length while the width between side railsin rung ladder shall in no case be less than 30 cms forladder upto and including 3 metres in length. For longerladder this width should be increased 5mm for eachadditional foot of length. Uniform steps spacing shall notexceed 30 cms. Adequate precautions shall be taken toprevent danger from electrical equipment. No materialson any of the sites or work shall be so stacked or placedto cause danger or inconvenience to any person or public.The CONTRACTOR shall also provide all necessaryfencing and lights to protect the workers and staff fromaccidents, and shall be bound to bear the expenses ofdefense of every suit, action or other proceeding of lawthat may be brought by any person for injury sustainedowing to neglect of the above precautions and pay anydamages and costs which may be awarded in any suchsuit or action or proceeding to any such person or whichmay with the consent of the CONTRACTOR be paid tocompromise any claim by any such person.115 Excavation and trenching: 115.1 All trenches 1.2 metres or more in depth, shall at all times besupplied with at least one ladder for each 50 metres length orfraction thereof.Ladder shall be extended from bottom of the trenches to atleast 1metre above the surface of the ground. The sides of the trencheswhich are 1.5M in depth shall be stepped back to give suitableslope or securely held by timber bracing, so as to avoid the dangerof sides to collapse. The excavated materials shall not be placedwithin 1.5 metres of the edge of the trench or half of the trenchwidth whichever is more. Cutting shall be done from top to bottom.Under no circumstances undermining or under-cutting shall bedone.116 Demolition/general safety: 116.1 i) Before any demolition work is commenced and

also during the progress of the demolition worka) All roads and open areas adjacent to the worksite shall either be closed or suitably protected.b) No electric cable or apparatus which is liable to bea source of danger shall remain electricallycharged.c) All practical steps shall be taken to preventdanger to persons employed from risk of fire orexplosion or flooding. No floor, roof or other partof the building shall be so overloaded with debrisor materials as to render it unsafe.ii) All necessary personal safety equipment asconsidered adequate by the ENGINEER-IN-CHARGE,should be kept available for the use of the personsemployed on the SITE and maintained in conditionsuitable for immediate use, and the CONTRACTOR shalltake adequate steps to ensure proper use of equipmentby those concerned.a) Workers employed on mixing asphaltic materials,cement and lime mortars shall be provided withprotective footwear and protective gloves.b) Those engaged in white washing and mixing orstacking or cement bags or any material whichare injurious to the eyes be provided withprotective goggles.c) Those engaged in welding and cutting worksshall be provided with protective face & eyeshield, hand gloves, etc.d) Stone breakers shall be provided with protectivegoggles and protective clothing and seated atsufficiently safe intervals.e) When workers are employed in sewers andmanholes, which are in use, the CONTRACTORshall ensure that the manhole covers are openedand are ventilated atleast for an hour before theworkers are allowed to get into the manholes,and the manholes so opened shall be cordonedoff with suitable railing and provided with warningsignals or board to prevent accident to the public.f) The CONTRACTOR shall not employ men belowthe age of 18 years and women on the work ofpainting with products containing lead in anyform. Wherever men above the age of 18 yearsare employed on the work of lead painting, thefollowing precautions should be taken.1) No paintcontaining lead or lead product shall beused except in the form of paste orreadymade paint.

2) Suitable facemasks should be supplied for use by theworkers when paint is applied in the formof spray or a surface having lead paint dryrubbed and scrapped.3) Overalls shall besupplied by the CONTRACTOR to theworkmen and adequate facilities shall beprovided to enable the working painters towash them during and on cessation ofwork.iii)iv)When the work is done near any place where there is riskof drowning, all necessary safety equipment should beprovided and kept ready for use and all necessary stepstaken for prompt rescue of any person in danger andadequate provision should be made for prompt first aidtreatment of all injuries likely to be sustained during thecourse of the work.Use of hoisting machines and tackles including theirattachments, anchorage and supports shall conform to thefollowing standards or conditions:a) These shall be of good mechanical construction,sound materials and adequate strength and freefrom patent defect and shall be kept in goodworking order.b) Every rope used in hoisting or lowering materials oras means of suspension shall be of durable qualityand adequate strength and free from patentdefects.c) Every crane driver or hoisting appliance operator shallbe properly qualified and no person under the ageof 21 years should be in charge of any hoistingmachine including any scaffolding, winch or givesignals to the operator.d) In case of every hoisting machine and of every chainring hook, shackle, swivel, and pulley block used inhoisting or lowering or as means of suspension, thesafe working load shall be ascertained by adequatemeans. Every hoisting machine and all gearsreferred to above shall be plainly marked with thesafe working load of the conditions under which it isapplicable and the same shall be clearly indicated.No part of any machine or any gear referred toabove in this paragraph shall be loaded beyondsafe working load except for the purpose of testing.e) In case of departmental machine, the safe workingload shall be notified by the ENGINEER-IN-CHARGE. As regards CONTRACTOR'smachines, the CONTRACTOR shall notify the safeworking load of the machine to theENGINEER-IN-CHARGE whenever he brings any

machinery to SITE of WORK and get it verified bythe Engineer concerned.v) Motors, gears, transmission lines, electric wiring and otherdangerous parts of hoisting appliances should be providedwith efficient safeguards. Hoisting appliances should beprovided with such means as to reduce to minimum theaccidental descent of the load, adequate precautionsshould be taken to reduce the minimum risk of any part orparts of a suspended load becoming accidentallydisplaced. When workers are employed on electricalinstallations which are already energised, insulating mats,wearing apparel, such as gloves, sleeves, and boots asmay be necessary should be provided. The workers shallnot wear any rings, watches and carry keys or othermaterials which are good conductors of electricity.vi)vii)viii)ix)All scaffolds, ladders and other safety devices mentionedor described herein shall be maintained in safe conditionsand no scaffolds, ladder or equipment shall be altered orremoved while it is in use. Adequate washing facilitiesshould be provided at or near places of work.These safety provisions should be brought to the noticeof all concerned by displaying on a notice board at aprominent place at the work-spot. The person responsiblefor compliance of the safety code shall be named thereinby the CONTRACTOR.To ensure effective enforcement of the rules andregulations relating to safety precautions, thearrangements made by the CONTRACTOR shall be opento inspection by the Welfare Officer, ENGINEER-IN-CHARGE or safety Engineer of the Administration or theirrepresentatives.Notwithstanding the above clauses there is nothing inthese to exempt the CONTRACTOR for the operations ofany other Act or rules in force in the Republic of India.The work throughout including any temporary works shallbe carried out in such a manner as not to interfere in anyway whatsoever with the traffic on any roads or footpath atthe site or in the vicinity thereto or any existing workswhether the property of the Administration or of a thirdparty.In addition to the above, the CONTRACTOR shall abideby the safety code provision as per C.P.W.D. Safety codeand Indian Standard Safety Code from time to time.117 Care in handlinginflammable gas:117.1 The CONTRACTOR has to ensure all precautionary measures andexercise utmost care in handling the inflammable gascylinder/inflammable liquids/paints etc. as required under the lawand/or as advised by the fire Authorities of the EMPLOYER118 Temporary combustiblestructures:118.1 Temporary combustible structures will not be built near or aroundwork site.

119 Precautions against fire: 119.1 The CONTRACTOR will have to provide Fire Extinguishers, FireBuckets and drums at worksite as recommended byENGINEER-IN-CHARGE. They will have to ensure allprecautionary measures and exercise utmost care in handling theinflammable gas cylinders/ inflammable liquid/ paints etc. asadvised by ENGINEER-IN-CHARGE. Temporary combustiblestructures will not be built near or around the work-site.120 Explosives: 120.1 Explosives shall not be stored or used on the WORK or on theSITE by the CONTRACTOR without the permission of theENGINEER-IN-CHARGE in writing and then only in the mannerand to the extent to which such permission is given. Whenexplosives are required for the WORK they will be stored in aspecial magazine to be provided at the cost of the CONTRACTORin accordance with the Explosives Rules. The CONTRACTORshall obtain the necessary licence for the storage and the use ofexplosives and all operations in which or for which explosives areemployed shall be at sole risk and responsibility of theCONTRACTOR and the CONTRACTOR shall indemnify theEMPLOYER against any loss or damage resulting directly orindirectly therefrom.121 Mines act: 121.1 SAFETY CODE: The CONTRACTOR shall at his own expensearrange for the safety provisions as required by theENGINEER-IN-CHARGE in respect of all labour directly employedfor performance of the WORKS and shall provide all facilities inconnection therewith. In case the CONTRACTOR fails to makearrangements and provides necessary facilities as aforesaid, theENGINEER-IN- CHARGE shall be entitled to do so and recoverthe costs thereof from the CONTRACTOR.121.2 Failure to comply with Safety Code or the provisions relating toreport on accidents and to grant of maternity benefits to femaleworkers shall make the CONTRACTOR liable to pay CompanyLiquidated Damages an amount not exceeding Rs.50/- for eachdefault or materially incorrect statement. The decision of theENGINEER-IN-CHARGE in such matters based on reports fromthe Inspecting Officer or from representatives ofENGINEER-IN-CHARGE shall be final and binding and deductionsfor recovery of such Liquidated Damages may be made from anyamount payable to the CONTRACTOR from all the provisions ofthe Mines Act, 1952 or any statutory modifications or re-enactmentthereof the time being in force and any Rules and Regulationsmade thereunder in respect of all the persons employed by himunder this CONTRACT and shall indemnify the EMPLOYER fromand against any claim under the Mines Act or the rules andregulations framed thereunder by or on behalf of any personsemployed by him or otherwise.122 Preservation of place: 122.1 The CONTRACTOR shall take requisite precautions and use hisbest endeavours to prevent any riotous or unlawful behaviour byor amongst his worker and others employed or the works and forthe preservation of peace and protection of the inhabitants andsecurity of property in the neighborhood of the WORK. In theevent of the EMPLOYER requiring the maintenance of a SpecialPolice Force at or in the vicinity of the site during the tenure ofworks, the expenses thereof shall be borne by the CONTRACTOR

and if paid by the EMPLOYER shall be recoverable from theCONTRACTOR.123 Outbreak of infectiousdiseases:123.1 The CONTRACTOR shall remove from his camp such labour andtheir facilities who refuse protective inoculation and vaccinationwhen called upon to do so by the ENGINEER-IN-CHARGE'srepresentative. Should Cholera, Plague or other infectiousdiseases break out the CONTRACTOR shall burn the huts,beddings, clothes and other belongings or used by the infectedparties and promptly erect new huts on healthy sites as required bythe ENGINEER-IN-CHARGE failing which within the time specifiedin the Engineer's requisition, the work may be done by theEMPLOYER and the cost thereof recovered from theCONTRACTOR.124 Use of intoxicants: 124.1 The unauthorised sale of spirits or other intoxicants, beveragesupon the work in any of the buildings, encampments or tenementsowned, occupied by or within the control of the CONTRACTOR orany of his employee is forbidden and the CONTRACTOR shallexercise his influence and authority to the utmost extent to securestrict compliance with this condition.In addition to the above, the CONTRACTOR shall abide by thesafety code provision as per C.P.W.D. safety code and IndianStandard Code framed from time to time.

PROFORMA OF INDEMNITY BOND FOR SUPPLY OF MATERIALS BY EMPLOYER(To be executed on non-judicial stamped paper of appropriate value)WHEREAS GAIL (INDIA) LTD. (hereinafter referred to as GAIL) which expression shall unless repugnant to thecontext includes their legal representatives, successors and assigns having their registered office at 16, Bhikaiji CamaPlace; R.K.Puram New Delhi has entered into a CONTRACT with ______________________ (hereinafter referred to asthe CONTRACTOR which expression shall unless repugnant to the context include their legal representatives,successors and assigns) for ____________________on the terms and conditions as set out, inter-alia, in theCONTRACT No................. Dated............. and various documents forming part thereof hereinafter collectively referredto as the "CONTRACT" which expression shall include all amendments, modifications and/or variations thereto.AND WHEREASi) GAIL has agreed to supply to the CONTRACTOR, equipment, plants and materials (finished, semi-finishedand raw)for the purpose of EXECUTION of the said CONTRACT by the CONTRACTOR (the equipment,plants and materials to be supplied by GAIL to the CONTRACTOR, hereinafter for the sake of brevity referredto as the "said materials") and pending execution by the CONTRACTOR of the CONTRACT incorporating thesaid materials, the said materials shall be under the custody and charge of the CONTRACTOR and shall bekept, stored, altered, worked upon and/or fabricated at the sole risk and expense of the CONTRACTOR.ii)As a pre-condition to the supply of the said materials by GAIL to the CONTRACTOR, GAIL has required theCONTRACTOR to furnish to GAIL an Indemnity Bond in the manner and upon terms and conditionshereinafter indicated.NOW, THEREFORE, in consideration of the premises aforesaid the CONTRACTOR hereby irrevocably andunconditionally undertakes to indemnify and keep indemnified GAIL from and against all loss, damage anddestruction (inclusive but not limited to any or all loss or damage or destruction to or of the said materials orany item or part thereof by theft, pilferage, fire, flood, storm, tempest, lightning, explosion, storage, chemical orphysical action or reaction, binding, warping, exposure, rusting, faulty workmanship, faulty fabrication, orfaulty method or technique of fabrication, strike, riot, civil commotion, or other act or omission or commissionwhatsoever within or beyond the control of the CONTRACTOR, misuse and misappropriation (inclusive butnot limited to the misuse or misappropriation by the CONTRACTOR and the Contractor's servants and/oragents) whatsoever to, or of in the said materials or any part of them thereof from the date that the same orrelative part of item thereof was supplied to the CONTRACTOR upto and until the date of return to GAIL ofthe said materials or relative part of item thereof or completed fabricated works(s) incorporating the saidmaterial and undertake to pay to GAIL forthwith on demand in writing without protest or demur the value asspecified by GAIL of the said material or item or part thereof, lost, damaged, destroyed, misused and/ormisappropriated, as the case may be or, together with GAIL'S costs and expenses (inclusive of but not limitedto handling, transportation, cartage, insurance, freight, packing and inspection costs/or expenses upto) andaggregate limit of Rs._________________________________________________ (Rupees_________________________________________________________________________________________________).AND THE CONTRACTOR hereby agrees with GAIL that:i) This Indemnity/Undertaking shall be a continuing Indemnity/ Undertaking and shall remain valid andirrevocable for all claims of GAIL arising hereunder upto and until the midnight of________________. However, if the CONTRACT for which this Indemnity/Undertaking is given isnot completed by this date, the CONTRACTOR hereby agrees to extend the Indemnity/Undertakingtill such time as is required to fulfil the CONTRACT.

ii)iii)This Indemnity/Undertaking shall not be determined by any change in constitution or upon insolvencyof the CONTRACTOR but shall be in all respects and for all purposes be binding and operative untilpayment of all moneys payable to GAIL in terms of hereof.The mere statement of allegation made by or on behalf of GAIL in any notice or demand or otherwriting addressed to the CONTRACTOR as to any of the said material or item or part thereof havingbeen lost , damaged, destroyed, misused or misappropriated while in the custody of theCONTRACTOR and/or prior to completion of the completed fabricated work(s) and delivery to jobsite thereof incorporating the said materials shall be conclusive of the factum of the said material oritem or part thereof having been supplied to the CONTRACTOR and/or the loss, damage,destruction, misuse or misappropriation thereof, as the case may be, while in the custody of theCONTRACTOR and/or prior to the completion of the completed fabricated work(s) and delivery tojob site thereof incorporating the said materials without necessity on the part of GAIL to produce anydocumentary proof or other evidence whatsoever in support of this.iv)The amount stated in any notice of demand addressed by GAIL to the CONTRACTOR as to the valueof such said materials lost, damaged, destroyed, misused or misappropriated, inclusive relative to thecosts and expenses incurred by GAIL in connection therewith shall be conclusive of the value of suchsaid materials and the said cost and expenses as also of the amount liable to be paid to GAIL toproduce any voucher, bill or other documentation or evidence whatsoever in support thereof and suchamount shall be paid without any demur and on demand and no dispute shall be raised concerning thesame.The undersigned has full power to execute this Indemnity Bond on behalf of the CONTRACTOR under thePower of Attorney dated______.(SIGNED BY COMPETENT AUTHORITY)Place:Dated:Official seal of the CONTRACTOR

PROFORMA FOR CONTRACT AGREEMENTLOA No. GAIL / dated -----------Contract Agreement for the work of ----------------- of GAIL (INDIA) Ltd. made on ---------- between (Name andAddress)------------- , hereinafter called the “CONTRACTOR” (which term shall unless excluded by or repugnant tothe 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 subjector context include its successors and assignees) of the other part.WHEREASA. The EMPLOYER being desirous of having provided and executed certain work mentioned, enumerated orreferred to in the Tender Documents including Letter Inviting Tender, General Tender Notice, GeneralConditions of Contract, Special Conditions of Contract, Specifications, Drawings, Plans, Time Schedule ofcompletion of jobs, Schedule of Rates, Agreed Variations, other documents has called for Tender.B. The CONTRACTOR has inspected the SITE and surroundings of WORK specified in the Tender Documentsand has satisfied himself by careful examination before submitting his tender as to the nature of the surface,strata, soil, sub-soil and ground, the form and nature of site and local conditions, the quantities, nature andmagnitude of the work, the availability of labour and materials necessary for the execution of work, themeans of access to SITE, the supply of power and water thereto and the accommodation he may require andhas made local and independent enquiries and obtained complete information as to the matters and thingreferred to, or implied in the tender documents or having any connection therewith and has considered thenature and extent of all probable and possible situations, delays, hindrances or interferences to or with theexecution and completion of the work to be carried out under the CONTRACT, and has examined andconsidered all other matters, conditions and things and probable and possible contingencies, and generallyall matters incidental thereto and ancillary thereof affecting the execution and completion of theWORK and which might have influenced him in making his tender.C. The Tender Documents including the Notice Letter Inviting Tender, General Conditions of Contract, SpecialConditions of Contract, Schedule of Rates, General Obligations, SPECIFICATIONS, DRAWINGS, PLANS,Time Schedule for completion of Jobs, Letter of Acceptance of Tender and any statement of agreedvariations with its enclosures copies of which are hereto annexed form part of this CONTRACT thoughseparately set out herein and are included in the expression “CONTRACT” wherever herein used.AND WHEREASThe EMPLOYER accepted the Tender of the CONTRACTOR for the provision and the execution of the said WORKat the rates stated in the schedule of quantities of the work and finally approved by EMPLOYER (hereinafter calledthe "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 CONTRACTOR for the WORK to be executed by him,the CONTRACTOR hereby covenants with EMPLOYER that the CONTRACTOR shall and will dulyprovide, execute and complete the said work and shall do and perform all other acts and things in theCONTRACT mentioned or described or which are to be implied there from or may be reasonablynecessary for the completion of the said WORK and at the said times and in the manner and subject to theterms and conditions or stipulations mentioned in the contract.2. In consideration of the due provision execution and completion of the said WORK, EMPLOYER doeshereby agree with the CONTRACTOR that the EMPLOYER will pay to the CONTRACTOR therespective amounts for the WORK actually done by him and approved by the EMPLOYER at the Scheduleof Rates and such other sum payable to the CONTRACTOR under provision of CONTRACT, suchpayment to be made at such time in such manner as provided for in the CONTRACT.A N D3. In consideration of the due provision, execution and completion of the said WORK theCONTRACTOR does hereby agree to pay such sums as may be due to the EMPLOYER for the servicesrendered by the EMPLOYER to the CONTRACTOR, such as power supply, water supply and othersas set for in the said CONTRACT and such other sums as may become payable to the EMPLOYERtowards the controlled items of consumable materials or towards loss, damage to the EMPLOYER'Sequipment, materials construction plant and machinery, such payments to be made at such time and insuch manner as is provided in the CONTRACT.It is specifically and distinctly understood and agreed between the EMPLOYER and the CONTRACTORthat the CONTRACTOR shall have no right, title or interest in the SITE made available by theEMPLOYER for execution of the works or in the building, structures or work executed on the said SITE bythe CONTRACTOR or in the goods, articles, materials etc., brought on the said SITE (unless the samespecifically belongs to the CONTRACTOR) and the CONTRACTOR shall not have or deemed to haveany lien whatsoever charge for unpaid bills will not be entitled to assume or retain possession or controlof the SITE or structures and the EMPLOYER shall have an absolute and unfettered right to take fullpossession of SITE and to remove the CONTRACTOR, their servants, agents and materials belongingto the CONTRACTOR and lying on the SITE.The CONTRACTOR shall be allowed to enter upon the SITE for execution of the WORK only as alicensee simpliciter and shall not have any claim, right, title or interest in the SITE or the structureserected thereon and the EMPLOYER shall be entitled to terminate such license at any time withoutassigning any reason.The materials including sand, gravel, stone, loose, earth, rock etc., dug up or excavated from thesaid SITE shall, unless otherwise expressly agreed under this CONTRACT, exclusively

elong to the EMPLOYER and the CONTRACTOR shall have no right to claim over the sameand such excavation and materials should be disposed off on account of the EMPLOYERaccording 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 onSigned and Delivered for andon behalf of EMPLOYER.on behalf of the CONTRACTORs.GAIL (INDIA) LIMITED______________________________________________________________Date :___________Place:___________(NAME OF THE CONTRACTOR)________________________________________________________Date :____________Place:____________IN PRESENCE OF TWO WITNESSES1._________________________________________________________________________________1. ________________________________________________________________________2._________________________________________________________________________________2. ________________________________________________________________________