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Following are the line details which come under ICDA job in GAIL Agartala:
1. Internal Corrosion Direct Assessment of 0.24 km × 12” KONABAN ONGC GCS TO KONABAN DISPATCH
TERMINAL Pipeline in the AGARTALA Asset
2. Internal Corrosion Direct Assessment of 5.10 km × 4” DUKLI TO MAHARAJGANJ Pipeline in the AGARTALA
Asset
3. Internal Corrosion Direct Assessment of 1.20 km × 12” GDT TO ASEB-MAIBELLA Pipeline in the ASSAM Asset
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It is understood that before quoting the rates; the contractor has visited the work site) and has acquainted
himself fully with the nature and quantum of job to be carried out by him in case of Award. Ignorance of this
will not be considered after the award of Contract. The Contractor will be responsible to complete the entire
job in all respects, including any other work necessary to complete the job satisfactorily, though specifically
not covered in the "Scope of Work".
Works as per SOR’s shall be executed at both in Assam & Tripura region.
6.0 PRICE:
6.1 The initial contract price shall be arrived at by considering jobs description as per the SOR and the rate
quoted by the bidder. Even in the event of large variation of the contract value arising from non-execution of
certain SOR items including optional items / addition / deletion of SOR items, the unit rate as quoted by the
party shall remain the same and no revision in rates whatsoever will be applicable during the present tenure
of contract or extension thereof.
6.2 The rate quoted by the bidder shall remain firm throughout the period of contract. Schedule of Rates shall be
deemed to include and cover all costs, expenses, liabilities, taxes and duties including work contract tax of
every description and all risk of every kind to be taken in executing and completing the work.
6.3 The unit rate quoted shall include all expenditure envisaged by the bidder.
Necessary recoveries and all statutory deductions shall be made at the relevant rates [as per rules and
Regulations of the Government] from the Bill payment to the Contractor.
GAIL will not entertain any claim of interest on account of delay in payment raised by the contractor. GAIL
reserves the right to recover any amount on account of security deposit of the contractor, amounts due to the
GAIL against any PRS or as a result of any claim(s)/compensation(s) or due to any statutory imposition etc.,
without prior notice. GAIL also reserves the right to withhold any payment to safeguard the interest of the
GAIL against any due(s)claim(s) etc. No interest shall be payable on withheld amounts.
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Proof of payment of wages to contract workers, as per work order and applicable minimum wage
rates of the region in the form of Bank Statement, wherein the contract worker name, Bank account
number and amount paid, along with the Bank Statement Copy, as proof of Debit of the amount,
should invariably attached along with the Invoice for payment. ESI, PF (ECR) Challans of previous
month are to be attached along with the Current Invoice / Bill. In the absence of the requisite
documents, the bill shall be returned to the Contractor and the payment will not be released to
Contractor.
.
9.0 MOBILIZATION PERIOD AND ADVANCE:
Contract period will start from the date as mentioned in LOA. The contractor has to mobilize work site in all
respects from the date of start of contract as mentioned in LOA at his own cost. No mobilization advance is
payable for this work.
''Contract Performance Security / Security Deposit' is to be submitted by the 'successful Bidder / Contractor'
within 'fifteen [30] days' of issue of "Letter of Acceptance [LOA]".
No interest shall be payable by the GAIL to the Contractor for the amount of 'Contract Performance Security /
Security Deposit' remitted by him for fulfilment of the terms and conditions of the Contract.
The 'Contract Performance Security / Security Deposit' shall be in the form of either 'Banker's Cheque' or
'Demand Draft' or Bank Guarantee, and shall be in the currency of the Contract.
The 'Contract Performance Security / Security Deposit' shall be for an amount equal to 10% of One Year's
Contract Value (excluding GST) towards faithful performance of the contractual obligations.
The Contract Performance Guarantee will be obtained for a period of 90 days beyond the contract period/
duration and applicable Warranty/ Guarantee/Defect Liability Period (if any).
The 'Contract Performance Security / Security Deposit' as above, after adjustment of any dues to GAIL,
which may arise during the execution of the Contract, shall be refunded after expiry of the "Defect Liability
Period [DLP]".
The 'Contract Performance Security / Security Deposit' of the Contractor shall be forfeited, if any statement /
document(s) furnished by the 'successful Bidder / Contractor' are found false and/or fabricated.
Note: The BG (SD) from vendors for PO/WO are to received in “SFMS” (Structured Financial
Messaging System) mode only, from the PSU Banks, as per the directive of Ministry of Finance.
11.0 AGREEMENT:
The successful tenderer shall be required to execute an agreement with GAIL within 15 days after receipt
and acceptance of the work order. The agreement to be executed will be in prescribed agreement format of
GAIL.
GST on the basic value shall be paid extra as applicable as per GST Act and Rules w.e.f. 01st July, 2017.
The rate of GST as applicable for this contract is given in the SOR as well as RFQ. The rate should not be
changed by the contractor.
If the Bidder is falling under the exempted category, the bidder is requested to confirm the same by way of
letter duly signed and notarized along with supporting documents if any.
The bidder shall indicate in the bid, the GST registration number along with a copy of registration
certificate, in case the GST registration number is not available, the bidder will give confirmation for
obtaining registration with a copy of application for registration.
The contractor / bidder liable to pay GST for the work/services rendered to GAIL, shall specifically mention
the GST registration numbers of GAIL (INDIA) LTD also in their invoices. Further, the amount and rate of
GST tax shall be separately and distinctly specified in the invoice as per rates indicated in the SOR.
For reimbursement of GST, serially numbered invoice/bill shall be issued by service provider and should
also specify the following:-
Contractor should raise GST invoices in proper format and pay the GST amount thereon to government.
GST Remittance Challan of previous month should be submitted along with the Current month Bill/Invoice.
The contractor shall also be liable for the Reconciliation of outward supplies/services provided to GAIL with
the Inword supplies/services received by GAIL from the contractor.
In case of statutory variation in GST rate during currency of the Contract, Contractor shall submit a copy of
the 'Government Notification' to evidence the rate as applicable on the date of submission of Bid and on
the date of revision.
Statutory Variations:
Any statutory variations in GST during the contractual completion period, shall be to the GAIL's account for
which the Contractor will furnish documentary evidence(s) in support of their claims to GAIL. However, any
increase in the rate of GST beyond the contractual completion period shall be to contractor's account and
any decrease shall be passed on to GAIL.
13.0 RECOVERY:
13.1 Income tax shall be deducted from Contractor’s RA bills while releasing the payment as per income tax rules.
Cost of any damage / loss of the property of GAIL, by the contractor shall be
13.2 The above recoveries will be in addition to recovery under Price Reduction Schedule specified elsewhere in
the tender.
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14.0 MEASUREMENT AND BILLING:-
All measurement shall be in metric system (if applicable). Contractor shall submit Running account bill on
monthly basis in triplicate as per the schedule of rates and actual measurements in prescribed format with
the full detail of work for the period of billing. Copies of the following documents are to be submitted along
with RA Bills:-
a) Bill
b) Monthly PF challan(if applicable)
c) Electronic Challan cum Return (ECR) / Electronic challan(if applicable)
d) ESI challan (if applicable).
e) Service tax challan (if applicable)
f) Work compensation insurance copy (if applicable)
In the absence of the above mentioned documents, RA bills shall be returned back to Contractor and
payment payment will not be released to Contractor.
19.0 NUISANCE:
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The contractor or his representative shall not at any time cause any nuisance on the site or do anything
which shall cause unnecessary disturbance to the owners or tenants or occupants or their properties near the
site and to the public generally.
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23.0 RESPONSIBILITIES OF THE CONTRACTOR
23.1 Contractor is required to deploy sufficient personnel [as per "SOR"] to ensure that all services specified in the
scope of work towards the Service contract for GAIL accomplished satisfactorily, and the same are to be
completed as per time-schedule. The work force deployed by the contractor for maintenance of the
installations shall be of sound relevant professional expertise, which is essential not only for carrying out the
work but also essential from safety point of view for the personnel, as well as for the installations of GAIL.
Contractor or his authorized personnel experienced in the jobs to be undertaken, shall supervise all jobs and
will always head the work force and no extra payments shall be made for such supervision.
23.2 Contractor shall develop a maintenance base in close vicinity of GAIL Office, with a communication facility
and shall deploy personnel and all tools and tackles etc at this base so as to attend the jobs, as stipulated.
Contractor or his authorized supervisory personnel will receive communication from EIC and in turn they shall
mobilize resources to the site.
23.3 Contractor shall ensure availability of his personnel on round the clock, if required by Engineer-in charge,
because of exigency of work. Contractor is required to make all necessary arrangements like relieving his
personnel, arranging food etc. without any liability to GAIL, for smooth continuity and safe completion of job.
23.4 Contractor shall take all precautions for his persons deployed in service/maintenance jobs etc.
23.5 The Contractor shall also deploy personnel, if required, on special occasions without any extra cost to GAIL
(India) Limited.
23.6 It shall be the responsibility of Contractor to provide police-verification documents of the persons to be
engaged to the "EIC" before their deployment under this Contract. GAIL reserves the right to verify the
antecedents of any worker and reject any of the Contractor's employees. GAIL shall be at liberty not to allow
entry into its premises to any of the employees whose activities appear to be prejudicial to the safety, security
or other interest of GAIL (India) Limited. The Contractor will be required to give one [01] day's off every week
to the manpower deployed.
23.7 The 'quoted rates / prices' shall include cost for all essential and contingent works, which although not
specifically mentioned in this Contract, are necessary for the work to the satisfaction of GAIL (India) Limited.
23.8 If the Contractor fails or neglects to observe or perform the terms & conditions of the Contract, GAIL may:
(a) Hold the Contractor liable for all the losses or damages caused to GAIL (India) Limited by such failure or
neglect
(b) Hold the Contractor liable to pay damages and compensation for loss and inconvenience caused by
dislocation of all or any services by the sudden discontinuance / dislocation or stoppages and recover
such losses from the amount payable to the Contractor.
(c) The Contractor shall use the premises only for the purpose of this Contract and he shall not make or
permit it to be made, any structural additions or alterations to the same without the prior approval of GAIL
(India) Limited in writing.
(d) In the event of the Contractor suspending or abandoning services without giving proper notice to the
"EIC" without handing over charge of the assets and materials entrusted to him by GAIL (India) Limited,
the whole of the 'Security Deposit' and other dues payable to him shall stand forfeited, and the Contractor
shall also be liable for any legal action as deemed fit for breach of Contract and the loss suffered by GAIL
(India) Limited.
(e) The authorized officer(s) / concerned official(s) / "EIC" of GAIL (India) Limited shall in their own discretion
make inspection at any time and record suggestions / complaints in the register. Appropriate action must
be taken to correct discrepancies, if any, made therein.
23.9 The Contractor shall regularly submit all relevant records / documents to GAIL representative for verification
and upon such satisfaction only, GAIL will allow reimbursement of the amounts paid if admissible under any of
the provision of this Contract.
23.10 The Contractor must ensure that his workmen should wear uniforms regularly, while on duty.
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23.11 The Contractor shall ensure regular and effective supervision and control of the personnel deployed by him
and gives suitable direction for undertaking the contractual obligations.
23.12 Contractor shall be solely responsible for payment of wages/remuneration including allowance to his/its
personnel that might become applicable under any new act or order of Government. GAIL shall have no
liability whatsoever in this regard.
23.13 Contractor shall be fully responsible for theft, burglary, fire or any mischievous deeds by his/its staff.
23.14 List of persons employed by Contractor for the subject work mentioning qualifications, experience and
residential address shall be submitted to GAIL. In case of any change, the same shall be informed to GAIL
from time to time.
23.15 No other person except Contractor’s authorized representative shall be allowed to enter GAIL Receiving
Terminal, Cherlapalli and associated premises. Contractor shall also not entertain any outsider or extend any
service beyond GAIL’s premises.
23.16 Within the GAIL’s premises, the Contractor’s personnel shall not do any private work other than their normal
duties.
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In case, the information/documents furnished by the contractor forming basis of evaluation of his bid is found
to be false/forged after the award of the contract, GAIL shall have full right to terminate the contract
immediate and get the remaining job executed at the risk & cost of such contractor without any prejudice to
the other rights available to GAIL under the contract such as forfeiture of Security Deposits, withholding of
payments etc.
In case of the issue of submission of false document comes to the notice after execution of the work, GAIL
shall have full right to forfeit any amount due to the contractor along with forfeiture of Security Deposit
furnished by the contractor. Further, such contractor / bidder shall be blacklisted for future business with
GAIL
27.0 ASSIGNMENT:
This contract shall not be assigned except with express prior approval of GAIL. The contractor shall not sub-
contract the work or any portion thereof without the prior written consent of GAIL. Any detection of sub-letting
/ assignment may result in termination of the contract without any notice as also debarring / banning of
business of the contractor for further business in GAIL.
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30.0 SET OFF CLAUSE:
Any sum of money due and payable to the contractor, under this contract may be appropriated by the GAIL
and set off against any claim by the GAIL against the contractor in respect of any transaction.
31.0 INDEMNITY
The Contractor shall indemnify and save GAIL its agents, servants, representatives harmless from and
against all actions, suits proceedings, losses, cost, damages, charges, claims and demands of every nature
and description brought or recoveries made against the GAIL by reasons of any act or omission of the
contractor, his agents, representatives or employees in the execution of the contract.
32.0 JURISDICTION:
The Contract shall be governed by and construed according to the laws in force in India. The Contractor,
hereby, submits to the jurisdiction of the courts situated at Delhi that, for the purpose of disputes, actions and
proceeding arising out of the Contract, the courts at Delhi only will have the jurisdiction to hear and decide
such disputes, actions and proceedings.
34.0 ARBITRATION:
All questions and disputes or difference relating to or arising under these terms and conditions or as to any
other questions, claim right, matter or thing whatsoever in any way arising out of or relating to the terms and
conditions of the contract. Or otherwise concerning the works or the execution or failure to execute the same
whether arising during the progress of work or after the completion of abandonment thereof, shall be referred
to the arbitrator appointed by GAIL. It will be no objection to any such appointment that the arbitrator is an
employee of the GAIL that he had to deal with the matters to which the contract relates and that in matters to
which the contract relates and that in the course of his duties as an employees of GAIL he had expressed
views on all or any of the matters in dispute or differences. The arbitrator to whom the matter is originally
referred being transferred or vacating the office or unable to act for any reason. GAIL at the time of such
transfer, vacation of office or inability to act shall appoint another person to act as arbitrator in accordance
with the terms and conditions of the contract. Such person shall be entitled to proceed with the reference
from the stage of which his predecessor left it. It is also a term of this contract that no person other than
person appointed by GAIL aforesaid should act as arbitrator and if for any reason that is not possible the
matter is not be to referred to arbitration at all.
Subject as aforesaid the provision of the Arbitration Act, 1940 and any statutory modification or reenactment
thereof and the rules made thereunder, and for the time being in force shall apply to the Arbitration
proceeding under this clause.
The venue of arbitration shall be at Hyderabad.
The arbitrator may with the consent of the parties enlarge the time, from time to time to make and publish his
award.
The arbitrator shall decide by whom and what proportion the arbitrator’s fees as cost incurred in arbitration
shall be borne.
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35.0 ABNORMALLY HIGH RATE ITEMS (AHR)
In item rate contract where the quoted rates for the item exceeds 50% of the owners estimated rates, such
items will be considered as Abnormally High Rated items(AHR) and payment of AHR items beyond the
stipulated quantities included in the schedule of rates shall be made at the least of the following rates:
1) Rate as per SOR, quoted by the contractor.
2) Rate of the item, which shall be derived as follows:
a) Based on rate of machine and labour as available from the contract (which includes 10% covered
towards contractor’s profit overhead and other expenses)
b) Based on prevailing market rate of machine material and labour plus 10% to cover supervision,
contractor’s profit & overheads, when the rates are not available in the contracts.
36.0. PERIOD OF LIABILITY/DEFECT LIABILITY:
The contractor shall guarantee the work done for a period of three months from the date of issuance of
completion certificate. Any damage or defect which may arise or lie undiscovered at the time of issue of
completion certificate, connected in any way with the equipment or material maintained by him, or in the
workmanship shall be rectified or replaced by the contractor at their own expense as deemed necessary by
the GAIL or in case of default the GAIL may ask the same to be made good by any other agency and the
expenses for same shall be deducted from the contractor’s bill (of which the certificate of EIC shall be final) or
from the security deposit).
37.0 MEASUREMENT OF BILL:
Where GAIL Executive is Engineer-In-Charge (EIC) (e.g. O&M Contracts):
a) Site-in-charge / Site Engineer will check 100% measurements of executed work.
b) EIC will further check measurements at least 15% of bill value. In case, Site-in-charge / Site
Engineer is not available, EIC will check 100% measurements of executed work.
c) An officer one level above EIC but not below level of HOD will check measurements of 5% of bill
value. In case, HOD is EIC, then he will check measurements of 20% of bill value.
While exercising test check of 5%, 15% level and on random basis as above, it may be ensured that high
rate items, AHR items, items exceeding SOR quantity and concealed items have been covered in the items
selected for checking.
The superior officer should preferably check such items / quantities other than those already checked by
GAIL executives at lower levels and should also ensure that the subordinate officer / officers have exercised
the requisite percentage check as stipulated in the procedure.
All concerned officers should indicate the measurements of SOR items checked by them and marked as
“Checked and verified”.
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