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TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
GAIL (India) Limited
16, Bhikaiji Cama Place, R.K.Puram,
New Delhi – 110066
Phone Nos. (+91)11-26172580; 26182955
BID DOCUMENT
for
TIME CHARTER HIRING OF LNG VESSELS
(TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476)
(E-TENDER NO. 8000008476)
ATTENTION
THIS IS AN ELECTRONIC TENDER (E-TENDER)
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 2 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
Request for Proposal (RFP)
Tender No. GAIL/ND/BD/C&P/S123/8000008476 15th
September, 2015
M/s …………………….
…………………………
…………………………
Dear Sir/ Madam,
Sub: TIME CHARTER HIRING OF LNG VESSELS
(Tender No. GAIL/ND/BD/C&P/S123/8000008476) (E-Tender No. 8000008476)
GAIL (India) Limited, New Delhi, invites bids through e-tendering on International
Competitive Bidding basis for Time Charter Hiring of LNG Vessels, under single stage two bid
system from competent Bidders as stated in the Bid Document attached.
The Complete Bid Document is available on following websites of GAIL and Govt. of India:
GAIL’s e-portal https://etender.gail.co.in (Login as a guest user for downloading)
GAIL’s website http://gailtenders.in (No login required)
Govt. CPP Portal http://eprocure.gov.in
Any bidder who wishes to quote against this Tender may download the Bid Document from
above websites and submit the bid complete in all respect at GAIL’s e-portal (i.e.
https://etender.gail.co.in), on or before the Due Date & time of bid submission.
Clarification(s)/Corrigendum(s), if any shall also be available on the above referred web sites.
1. Brief Details:
(i) Type of Enquiry
: Open International Competitive Bidding through
e-Tendering
(ii) E-Tender No. : 8000008476
(iii) Tender Fee
(Non-refundable)
US$ 2,000/ INR 1,20,000
(Refer clause no. 4.2 below) (iv) Bid security/EMD : US$ 1,500,000 for each Lot [including Additional
Vessel(s)], subject to a Cap of US$ 3,000,000 for
2 Lots or more Lots including Additional
Vessel(s).
(v) Delivery Period : Refer ITB
(vi) Contract (Charter) Period : Refer ITB
(vii) Bid Evaluation Criteria : Refer ITB
(viii) Bid Document on Website : From 15th
September, 2015 to 14th
December,
2015 till 1400 hrs.
(ix) Date & Time for Pre-Bid
Meeting
: Pre-Bid Meeting at New Delhi on 30th
September,
2015, 1100 hrs. (IST)
(x) Venue of Pre-Bid Meeting &
opening of bids
: Venue of Pre- Bid Meeting:
GAIL (India) Limited
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 3 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
16, Bhikaiji Cama Place,
R K Puram,
New Delhi-110066 (India)
(xi) Due Date & Time for bid
submission
: 14th
December, 2015 upto 1400 hrs. (IST)
(xii) Date and Time of Opening of
Un-priced Bids
: 14th
December, 2015 at 1500 hrs (IST)
(xiii) Priced Bid Opening : Date & Time to be intimated to techno-
commercially acceptable bidders later on.
(xiv) Contact person(s) : Mr. S. Halder
Dy. General Manager (C&P)
E-mail: shalder@gail.co.in
Ph. No: (+91) 11 2617 2580 Ext. 2269
Direct: (+91) 11 26189269
Fax : (+91) 11-26185941 Ext. 00502#
Mr. Kaladhar Narayan
Sr. Manager (C&P)
E-mail: kaladhar@gail.co.in
Ph. No: (+91) 11 2617 2580 Ext. 2245
Fax: (+91) 11-26185941 Ext. 05088#
If any of the days specified above happens to be a holiday in GAIL, the next working
day shall be implied.
2. SUBMISSION OF BIDS:
Bid containing both "Un-Priced Bid" and "Priced Bid" must be submitted online thru'
GAIL's e-portal only. Bid submitted in any other form, such as courier / post / in-person
/ email / fax / telegram / telex/ DVD/ Documents in Pen Drive etc. shall not be accepted
against this Tender. The "Un-Priced Bid" and "Priced Bid" shall contain the documents
in the manner specified in ITB and Instructions to e-Tender (Annexure 25), as under.
PART-I: TECHNO-COMMERCIAL UN-PRICED PROPOSAL /UNPRICED BID
(The following documents required as per terms and conditions of Bid Document,
must be uploaded under link “TECHNICAL DOCUMENT” on e-portal and not at
“Step 3/ Notes and Attachment/Price Bid Section”)
The "Un-Priced Bid" must be complete with the following:
(A) All technical and commercial details other than prices.
(B) Documentary evidences towards "Bidder Eligibility Criteria [BEC]" and other
documents sought under this Bid Document.
PART-II: PRICE BID [SCHEDULE OF RATE (SOR)]
(Only SOR duly filled strictly in the Format provided in the Bid Document, must be
uploaded under link “Step 3: Notes and Attachment” of e-portal and NOT at link
“TECHNICAL DOCUMENT”)
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 4 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
It should contain only the Schedule of Rates (SOR) strictly as per format complete with
rates duly filled in and no terms and conditions should be entered in the "Price Bid".
"Price Bid" containing any new / fresh condition/document [not mentioned in the "Un-
Priced Bid"] shall be liable for rejection.
Bidders are advised to submit the prices in the price bid only. The prices
submitted in the priced bid shall only be considered for evaluation.
In case of any difference in the prices submitted in the unpriced bid and the
price bid, the prices submitted in the Price Bid (Part II) shall be considered for
evaluation and deciding successful bidder(s).
However, if the bidder happens to be successful bidder as per the above
evaluation and their prices submitted in the unpriced bid are found to be lower
than that of priced bid, the lower prices shall be considered for award. The
same shall be final and binding on the bidder.
GAIL (India) Limited assumes no responsibility for inability of a bidder to submit bids
through GAIL's "e-Tendering" system or on account of delay in submission at bidder's
end. Bidder shall ensure that they submit the bid well before the "Due Date & Time of
Bid-Submission". GAIL shall not be responsible if a Bidder is not able to obtain User
ID & Password in time and is not able to submit their bid on account of failure in
network / internet connection at bidder's end. Bidder shall obtain a "Digital Certificate
[Class-3B]" on their own and GAIL (India) Limited will be not at all responsible for a
bidder not having acquired the valid "Class-3B Digital Certificate" in time. Bidder may
refer to “Instructions to e-Tender (Annexure 25)" carefully for obtaining User ID,
Password and valid "Class-3B Digital Certificate" and the process for submission of
Bid through GAIL’s e-tendering portal.
3. SUBMISSION OF SCANNED COPIES OF CERTIFICATES/ DOCUMENTARY
PROOFS:
Bidders are required to submit scanned copies of all certificates / documentary
evidences towards proof of meeting the "BEC" along with the other requisite
documents through GAIL's "e-Tendering" system at https://etender.gail.co.in. Non-
submission of requisite certificates / documents shall render the bid non-responsive
and shall be liable for rejection.
4. GENERAL:
4.1 Bid Document is non-transferable. Bids received from bidders in whose name Bid
Document Fee has been submitted shall only be considered. Bidder must ensure that
Bid Document Fee is submitted in their name only.
4.2 Payment of Bid Document fee shall be by Crossed Bank Draft / Banker's Cheque from
a first class International Bank or an Indian Nationalized/Scheduled Bank, in favour of
GAIL (India) Limited, payable at New Delhi and the same shall be submitted in
physical form. Bank Draft shall be valid for minimum 3 months. The bid of any
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 5 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
Bidder shall be considered only if the bid is accompanied by the prescribed Bid
Document fee in the form of demand draft.
The foreign Bidders can submit Bid Document fee in US Dollars or Indian Rupees
(directly or through their authorized Indian representative) clearly mentioning the
name of the Bidder.
The original Tender Fee must reach GAIL on or before due date of Un-Priced Bid
Opening. However, bidders desirous of attending Pre-Bid Meeting are required to
submit tender fee prior to Pre-Bid Meeting.
The Bidder who has already submitted tender fee against previous tender (i.e.
tender no. GAIL/ND/BD/C&P/1406/8000006832/e-Tender No. 8000006832)
are not required to submit the tender fee again. However, such Bidder shall
inform the details of tender fee already submitted before attending pre-bid
meeting (if attending pre-bid meeting) OR submission of bid (as the case may
be).
4.3 GAIL will not be responsible for cost incurred by the Bidders in preparation and
submission of bids.
4.4 The following documents in addition to uploading the bid on the GAIL’s e-Tendering
website must be submitted in Original (in physical form) in one envelope containing
Envelope-1 & Envelope-2 as under:
Envelope – 1
This envelope shall contain the following:
i) Original Earnest Money Deposit/Bid Security
ii) Power of Attorney – Original
iii) Integrity Pact – Original
Envelope 1 must reach GAIL (India) Limited New Delhi superscribing the envelope
as “ENVELOPE 1 and Tender Reference No. GAIL/ND/BD/C&P/S123/8000008476”
duly pasted with the Cut-Out Slip provided in this Bid Document preferably on or
before Due Date & Time of Bid-Submission but not after 7th day from the Due Date
& time of un-priced bid opening, failing which the bid will not be evaluated further
irrespective of the status/ranking of the Bidder in tender and notwithstanding the fact
that a copy of EMD was earlier uploaded by the Bidder.
The Scanned copy of above documents must also be uploaded in “Unpriced Bid” on e-
portal.
Envelope – 2
This envelope shall contain Cost of each Vessel offered under separate envelopes
superscribing “Vessel ID ……….”.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 6 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
Envelope 2 containing the above enveloped containing cost of each Vessel, must reach
GAIL (India) Limited New Delhi superscribing the envelope as “ENVELOPE 2 and
Tender Reference No. GAIL/ND/BD/C&P/S123/8000008476” duly pasted with the
Cut-Out Slip provided on or before Due Date & Time of Bid-Submission positively.
4.5 GAIL expects Bid to be submitted by the Bidder in conformance with the tender
conditions/specifications and without stipulating any deviation(s)/exception(s). Bidder
is requested to ensure compliance of all provisions of the Bid Document and submit
their bid accordingly as Bid with any unacceptable deviation(s) to the tender
conditions/specifications shall be liable for rejection.
4.6 Alternative Bids shall not be considered.
4.7 GAIL reserves the right to reject any or all the bids received at its discretion without
assigning any reason whatsoever.
4.8 This Request For Proposal (RFP) is an integral and inseparable part of the Bid
Document.
NOTE:
a. Bidders are required to submit queries to the tender so as to reach GAIL at least 05
working days prior to the pre-bid meeting. Queries received prior to the pre-bid
meeting in the format provided in the tender (Annexure 28) shall only be taken-up for
providing Clarifications/Replies to the bidders. During the pre-bid meeting, there will
be a session to demonstrate GAIL’s e-Tendering system to facilitate bidders to submit
the Bid online.
Bidders may depute their authorized representative(s) for attending pre-bid meeting.
b. Bidders are requested to fill all "Annexures / Formats" as enclosed in the Bid
Document.
c. Bidders are requested to go through the document named, "Instructions for e-
Tendering". This document aims at providing guidelines / instructions to bidders for
submitting their bids through GAIL's "e- Portal " system.
d. Bidders may depute their authorized representative to attend the "Un-priced Bid
Opening". Bidders selected for opening of their "Priced Bid" shall be suitably
informed about the date and time.
e. Any change in bid after the "Due Date & Time of Bid-Submission" of Tender is not
allowed.
f. Bidders are advised, in their own interest, to ensure that their bids are submitted well
before the "Due Date & Time of Bid-Submission" of the Tender as GAIL's e-portal
will not allow submission of bids once the closing date and time of the Tender [i.e.
Due Date & Time of Bid-Submission] is reached.
g. Bidders are requested to submit Acknowledgement cum Consent Letter (as per
Annexure – 17) showing their interest for participation / non- participation
immediately on receipt of information regarding the tender through email / fax.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 7 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
h. In the event of cancellation of the tender, the tender fee will be refunded to respective
bidders.
i. This is not an Order.
For & on behalf of
GAIL (India) Limited
(S. HALDER)
Dy. General Manager (C&P)
Phone : (+91) 11-26172580 Ext 2269
Direct: (+91) 11 26189269
Fax : (+91) 11-26185941 Fax Ext 00502#
E-mail : shalder@gail.co.in
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 8 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
CONTENTS OF BID DOCUMENT
1. REQUEST FOR PROPOSAL & NIT
2. PART 1: INSTRUCTIONS TO BIDDERS
3. PART 2 : AGREEMENTS AND TECHNICAL DOCUMENTS
Time Charter Agreement to be executed by the Owner
and GAIL (or its Affiliates) and other agreement and
relevant technical specifications as follows:
PART 2A: PROFORMA TCP (Enclosed separately)
PART 2B: PROFORMA APPENDICES TO THE
TCP (Enclosed separately)
PART 2C: PROFORMA TPA (Enclosed separately)
PART 2D: PROFORMA SHA (Enclosed separately)
PART 2E: OUTLINE SPECIFICATION (Enclosed
separately)
4. PART 3: PROJECT INFORMATION MEMORANDUM
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 9 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
TABLE OF CONTENTS FOR INSTRUCTIONS TO BIDDERS
1 ABREVIATIONS 13
2 DEFINITIONS 13
3 INTRODUCTION AND BACKGROUND 20
4 BID SECURITY, INTEGRITY PACT & POA 26
5 BIDDER ELIGIBILITY CRITERIA 31
6 SHIPYARD ELIGIBILITY CRITERIA 37
7 REQUIREMENTS FOR THE SHIP MANAGER 40
8 PARENT/ PROMOTER COMPANY GUARANTEE 40
9 COMPLIANCE WITH BID DOCUMENT 40
10 TECHNO-COMMERCIAL UNPRICED PROPOSAL 46
11 PRICED PROPOSAL 50
12 EQUITY OPTION 51
13 CONSORTIA 53
14 EVALUATION METHODOLOGY FOR PROPOSALS 58
15 OTHER CONDITIONS 63
ANNEXURE 1 - CHECK LIST 70
ANNEXURE 2 – INTEGRITY PACT 73
ANNEXURE 3 – OFFER LETTER 80
ANNEXURE 4 – OFFER OUTLINE 81
ANNEXURE 5 – DEVIATION STATEMENT PROFORMA TCP/TPA 86
ANNEXURE 6 – DEVIATION STATEMENT OUTLINE SPECIFICATIONS 87
ANNEXURE 7 – VESSEL PARTICULARS 88
ANNEXURE 8 – GUARANTEED PERFORMANCE FIGURES 89
ANNEXURE 9 –SCHEDULE OF RATES 98
ANNEXURE 10 - LIFE CYCLE EVALUATION METHODOLOGY FOR EACH VESSEL 106
ANNEXURE 11 – SUEZ CANAL CHARGES PER VOYAGE 120
ANNEXURE 12 – PORT CALL CHARGES 122
ANNEXURE 13 – BIDDERS CONFIRMATION FOR EVALUATION OF WITHHOLDING TAX
124
ANNEXURE 13 A – FORM NO. 10F 127
ANNEXURE 14 - LNG VESSEL COST AND FINANCING 129
ANNEXURE 15 - FORMAT OF THE LETTER FROM INTENDED LENDERS TO THE BIDDER
130
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 10 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
ANNEXURE 16 - FORMAT FOR DECLARATION OF CHANGE OF MAJORITY
SHAREHOLDER IN SPC IN CASE OF AWARD 132
ANNEXURE 17 - ACKNOWLEDGEMENT CUM CONSENT LETTER 134
ANNEXURE 18 - FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE FOR
FINANCIAL CAPABILITY OF THE BIDDER 135
ANNEXURE 19 - NO DEVIATION CONFIRMATION 136
ANNEXURE 20 - DECLARATION 137
ANNEXURE 21 - AGREEMENT REGARDING NON-INVOLVEMENT OF ANY OTHER
ENTITY OR GOVERNMENT OF INDIA 139
ANNEXURE 22 - CUT OUT SLIPS 140
ANNEXURE 23A- PROFORMA OF "BANK GUARANTEE" FOR "EARNEST MONEY / BID
SECURITY"
13241
ANNEXURE 23B PROFORMA OF "LETTER OF CREDIT" FOR "EARNEST MONEY / BID
SECURITY" 144
ANNEXURE 24 – TECHNICAL COLLABORATION AGREEMENT 146
ANNEXURE 25 – INSTRUCTIONS TO E-TENDER 150
ANNEXURE 26 - PROCEDURE FOR ACTION IN CASE CORRUPT/ FRAUDULENT
/COLLUSIVE /COERCIVE PRACTICES 158
ANNEXURE 27 - PROCEDURE FOR EVALUATION OF PERFORMANCE OF VENDORS/
SUPPLIERS/ CONTRACTORS/ CONSULTANTS 165
ANNEXURE 28 - FORMAT FOR PRE-BID QUERY 179
ANNEXURE 29 - DELIVERY DATE OF PROPOSED VESSEL(S) 180
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 11 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
DISCLAIMER
1. The Bid Document does not purport to contain all the information each Bidder may
require to submit the Bid. Bidder should conduct its own investigations and analysis and
should check the accuracy, reliability and completeness of the information in the Bid
Document and obtain independent advice from appropriate sources.
2. No representation whatsoever is made or warranty given by GAIL through the Bid
Document. In particular, no representation is made that any letter of award shall be
issued or that the Time Charter Agreement will be executed pursuant to the Bid
Document. GAIL, at its sole discretion may stop, re-invite, terminate, suspend or amend
the process of selection of the Bidder or Owner at any stage without assigning any
reasons thereof. Further, neither GAIL nor its employees, agents, advisors or
consultants make any representation or warranty as to the accuracy, reliability or
completeness of the information contained or deemed to be contained in the Bid
Document.
3. Neither GAIL nor its employees, agents, advisors or consultants shall be liable to any
Bidder or any other person under any law including the law of contract, tort, the
principles of restitution or unjust enrichment or otherwise for any loss, expense or
damage which may arise from or be incurred or suffered, in connection with or as a
result of the Bid Document, or any matter that may be deemed to form part of the Bid
Document, or the award of the contracts, or any other information supplied by or on
behalf of GAIL or its employees, agents, advisors or consultants or otherwise arising in
any way from the selection process for the award of the contract.
4. The Bid Document shall be hosted on the GAIL / Govt. websites as mentioned in
Request for Proposal (RFP). The Bidder should ensure that the Bid Document is
complete in all respects. In the event that the Bid Document or any part thereof is
mutilated or missing, the Bidder must notify the contact person(s) of GAIL
immediately.
If no intimation is received by GAIL at the above mentioned office within 15 (fifteen)
days from the date of issue of the Bid Document, then it shall be deemed that the Bid
Document is complete in all respects.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 12 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
No extension of time shall be granted under any circumstances to any Bidder for
submission of its Bid on the grounds that the Bidder could not have access to the
complete set of the Bid Document.
5. GAIL reserves the right in its sole and unfettered discretion without any obligation or
liability whatsoever to accept or reject any or all of the Bids at any stage of the bidding
process undertaken/ to be undertaken under the Bid Document, without assigning any
reasons thereof. However, Bidder if so desire may seek the reason (in writing) for
rejection of their Bid to which GAIL shall respond quickly.
6. The Bid Document (and all information contained herein) is confidential and is for the
exclusive use of the Bidders who desire to participate in this Tender. The Bid Document
shall not be copied or distributed by it to third parties.
7. GAIL reserves the right to change, modify, add to or alter the bidding process including
inclusion of additional evaluation criteria for evaluation of the Bidders during the
bidding process, based on detailed evaluation of capabilities or on account of any
change in government policy, law or regulations. Any change in the bidding process
shall be intimated to all the Bidders/ hosted on the relevant website(s). For the
avoidance of doubt, it is clarified that if at any time after the date of the Bid Document
and prior to the execution of the Time Charter Agreement, there is any change in policy
of the Government of India, law or regulations affecting the selection process, or any
part of the Bid Document or GAIL's rights or obligations, GAIL shall at its sole
discretion be entitled to change, modify, review, supplement, add to, alter or otherwise
deal with the bidding process in such manner and to such extent as GAIL may decide so
as to protect or further its interest or gain any advantage. The Bidders shall be required
to submit the Bid in relation to the Bid Document / bidding process as so amended,
altered, modified or supplemented.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 13 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
INSTRUCTIONS TO BIDDERS (ITB)
1 ABBREVIATIONS
GAIL: GAIL (India) Limited
CBM: Cubic Meter
CD: Chart Datum
DFDE: Dual Fuel Diesel Electric
DWT: Dead Weight Tonnage
EMD: Earnest Money Deposit / Bid Security
EPC: Engineering, Procurement and Construction
FII: Foreign Institutional Investors
FOB: Free on Board
ITB: Instruction to Bidder
Km: Kilometer
Kts: Knots
LNG: Liquefied Natural Gas
m3: Cubic Meter
MMBTUs: Million Metric British Thermal Units
MMCM: Million Cubic Meters
MMSCMD: Million Metric Standard Cubic Meters per Day
MMT: Million Metric Tonnes
MMTPA: Million Metric Tonnes Per Annum
P&I Insurance: Protection & Indemnity Insurance
SPA: Sale and Purchase Agreement
SSGI: Slow Speed Gas Injection
TCPA: Time Charter Party Agreement
TFDE: Tri-Fuel Diesel Electric
USD or US$ or US Dollars: United States Dollar
2 DEFINITIONS
In these Instructions, save where the context otherwise requires, the following words
and expressions shall have the meanings respectively assigned to them in this Part.
The meaning shall be equally valid in all other Section(s) /Part(s) of Bid Document,
unless a different meaning / definition is assigned to such words:
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 14 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
“Additional Vessels” Has the meaning given to it in Section 3.2 (d).
“Affiliate” Means any person who directly or indirectly
Controls, is under common Control with or is
Controlled by the party in question
“Acquired Shares” Has the meaning given to it in Section 12.2(c).
“Bid” Means collectively the Offer Letter, the Techno-
Commercial (Unpriced) Bid, and the Priced Bid,
and annexures, supporting documentation and
correspondences exchanged between GAIL and
the Bidder against this Tender.
“Bid Document/
Tender Document ”
Means collectively the Invitation to Offer along
with Instructions to Bidders, Outline
Specifications, Project Information
Memorandum, Proforma TCP, Proforma
Appendices to TCP, Proforma TPA and
Proforma SHA ETC. as mentioned in Section
3.4, based on which the Bidder is required to
submit their Offer Letter, and is synonyms to
Tender, Tender Document, RFP.
“Bid Security” Has the meaning given to it in Section 4.1(a).
“Bidder ” Means an entity submitting a Bid pursuant to this
Bid Document, whether as a Single Bidder or as
a Consortium.
“Bidder Eligibility Criteria
(BEC)”
Means the eligibility criteria to be satisfied by
any Bidder participating in this tender process as
described in Section 5 & 6.
“Charterer” Means GAIL, as mentioned in the introduction to
the Proforma TCP.
“Confidential Information” Has the meaning given to it in Section 15.2.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 15 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
“Consortium” Means a consortium formed for the purpose of
allowing different entities to submit a Bid jointly,
as further described in Section 5, and for the
execution of the Time Charter Agreement
through a SPC.
“Consortium Agreement” Means the Consortium Agreement entered into
between the Consortium Members and outlining
the principles of cooperation between such
Consortium Members as described in Section
13.3.
“Consortium Leader” Means a Consortium Member appointed as a
representative of a Consortium and satisfying the
conditions described in Section 5.
“Consortium Member” Means an entity or company that is a party to a
Consortium.
“Control” Shall mean the power to direct the management
and policies of any entity, whether through the
ownership of more than one half of the voting
capital/ rights of such entity, by contract, or
otherwise.
“Change in Control” A “Change in Control” occurs if any person or
body corporate who Controls any entity ceases to
do so or if another person or body corporate
acquires Control of it.
“Delivery Window” Has the meaning given to it in Section 3.3(c) (i) (a)
for Overseas Shipyard
“Deviation” Means any non-conformity to any of the terms,
conditions etc. of the Bid Document.
“EPC” Has the meaning given to it in Section 9.4.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 16 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
“Eligibility Criteria” Means, as the context requires, the Bidder
Eligibility Criteria and/ or the Shipyard
Eligibility Criteria.
“E-Tender” Means the process of submission of Bid through
GAIL’s e-portal, as described in this ITB.
“Equity Option” Has the meaning given to it in Section 12.
“Extended Period” Has the meaning given to it in Section 9.10.
“Financial Closure” Means (i) the execution of binding arrangements
with the lenders of the SPC for the purposes of
the entire debt component of the contract price of
the Vessel under the Shipbuilding Contract, and
all other sums payable by the SPC, up to and
including delivery of the Vessel to the SPC, by
way of pre-delivery expenses (being, in
aggregate, not less than the debt component of
the construction cost of the Vessel as identified
in the TCPA), and (ii) satisfaction of all
conditions precedent in respect of the drawdown
thereof (other than any conditions precedent in
respect of the exercise of the Equity Option).
“Fixed Daily Hire Rate” Has the meaning given to it in Section 11.2.
“GAIL” Means GAIL (India) Limited, a Maharatna
Public Sector undertaking of the Government of
India, or its Affiliates.
“GAIL Equity Option” Has the meaning given to it in Section 12.2(a).
“GAIL Shareholder” Means GAIL or an Affiliate of GAIL.
“Indian Shipyards” Has the meaning given to it in Section 6.
“Indian Vessels’ Delivery Date” Has the meaning given to it in Section 3.3 (c) (ii)
(a).
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“Indian Vessels’ Delivery
Window”
Has the meaning given to it in Section 3.3 (c) (ii)
(a) for Vessel from Indian Shipyard.
“Instructions” Means these Instructions for submission of Bid
against this tender for the Chartering of LNG
Vessels to GAIL (India) Limited or its Affiliates.
“Instructions to Bidders” Means these instructions to Bidders and termed
as ITB.
“Integrity Pact” Has the meaning given to it in Section 4.2(a).
“Lot” Has the meaning given to it in Section 3.2(C).
“mtpa” Means million tonnes per annum.
“Net Worth” Means the subscribed and paid up share capital
of an entity plus its free reserves but excluding
revaluation reserves, as reduced by accumulated
losses, intangible assets, and miscellaneous
expenditure not written off“
"New Built Vessel” means a Vessel whose construction shall
commence as per GAIL’s outline specifications,
terms & conditions of this Bid Document,
subsequent to notification of award.
“Offer Letter” Means the offer letter substantially in the form
prescribed by Annexure 3.
“Opex” Has the meaning given to it in Section 11.2.
“Outline Specifications” Has the meaning given to it in Section 3.2 and
attached separately as Outline Specifications for
the Vessels.
“Owner Default” Has the meaning given to it in the Proforma TCP
and Proforma TPA.
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“Owner’s Guarantee”
“Parent Company”
Has the meaning given to it in Section 8.
Means any person who directly or indirectly
controls the party in question
“Performance Bank Guarantee” Has the meaning given to it in Section 15.1.
“Priced Bid” Means the priced portion of Bidder’s proposal
containing the elements described in Section 11.
“Proforma SHA” Means the proforma containing the minimum
rights of GAIL and/ or Shipping Corporation of
India Limited in the Owner to be incorporated
into the shareholders agreement in respect of the
Owner upon the exercise of the Equity Option.
“Proforma Time Charter
Documents”
Means the Proforma TCP, Proforma SHA and
the Proforma TPA attached hereto.
“Proforma TCP / TCPA”
Means the Proforma Time Charter Agreement
attached hereto. TCP and TCPA have the same
meaning
“Proforma TPA” Means the Proforma Tripartite Agreement
attached hereto.
“Project Information
Memorandum”
Shall mean the project information memorandum
forming part of these Bid Documents.
“Quiet Enjoyment Letter” Shall have the meaning ascribed to it in the
Proforma TCP.
“SCI” Means the Shipping Corporation of India.
“SCI Equity Option” Has the meaning given to it in Section 12.2(a).
“SCI Shareholder” Has the meaning given to it in Section 12.2(a).
“Scheduled Delivery Date” Shall have the meaning given to such term in the
Time Charter Agreement.
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“Single Bidder” Means a single entity submitting a Bid in respect
to these Instructions.
“Shipyard” Means any shipyard meeting the Shipyard
Eligibility Criteria.
“Shipyard Eligibility Criteria Means the eligibility criteria to be satisfied by
any shipyard that plans to design, build, and
deliver a Vessel as described in Section 6.
“Shipyard Equity Option” Has the meaning given to it in Section 12.2.2.
“SPA” Has the meaning given to it in Section 3.1 (c).
“SPC” or “Owner” Means a Special Purpose Company specifically
created in a jurisdiction to be approved by GAIL
for the purpose of owning, operating and time
chartering the Vessel to GAIL, against this Bid
Document.
“Submission Date” Has the meaning given to it in Section 9.13.
“TSA” Has the meaning given to it in Section 3.1 (c)(ii).
“Technical Criteria” Has the meaning given to it in Section 5.1.
“Techno-Commercial
Consultant”
Means a consortium BRSGazOcean comprised
of Barry Roglliano Salles, France and Gazocean,
France, appointed as Techno-Commercial
Consultant for the Charter, as described in
Section 3.1.
“Techno-Commercial (Unpriced)
Bid”
Means the techno-commercial (unpriced) portion
of Bidder’s proposal containing the elements
described in Section 10.
“Time Charter Agreement” Means the time charter party agreement to be
concluded between a successful Bidder and
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GAIL or its Affiliate in respect of a Vessel
substantially in the form of the Proforma TCP.
“Time Charter Documents” Means collectively the agreements to be entered
into by SPC and GAIL (or its Affiliates) in
connection with the time chartering of a Vessel,
including a time charter party agreement
substantially in the form of the Proforma TCP
(including any guarantees to be issued pursuant
to such time charter party agreement), and a
tripartite agreement substantially in the form of
the Proforma TPA.
“UFC” Means Unit Freight Cost
“Vessel ” Has the same meaning as given to it in Section
3.2.
3 INTRODUCTION AND BACKGROUND
3.1 GAIL (India) Limited
(a) GAIL (India) Limited is an integrated energy company, primarily involved in
transportation and marketing of natural gas. GAIL (India) Limited currently
owns and operates close to 10,600 (Ten Thousand Six Hundred) kilometres of
trunk pipelines to transport more than 180 (One Hundred Eighty) million
standard cubic meter per day (MMSCD) of gas. GAIL (India) Limited also
owns and operates two LPG pipelines covering around 2,050 (Two Thousand
Fifty) kilometres with a capacity of 3.8 (Three point Eight) million tonnes per
annum (MMTPA) of LPG, 7 (Seven) gas processing plants for production of
LPG and other liquid hydrocarbons with a production capacity of 1.4 (One
point Four) MMTPA and a gas based integrated petrochemical plant of
410,000 (Four Hundred Ten Thousand) tonnes per annum (TPA) polymer
capacity which is further being expanded to a capacity of 900,000 (Nine
Hundred Thousand) TPA. Besides, GAIL (India) Limited has participatory
interest in 28 (Twenty Eight) exploration and production blocks and is also the
promoter of Petronet LNG Ltd. (PLL) and Ratnagiri Gas and Power Pvt. Ltd
(RGPPL).
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(b) GAIL (India) Limited has 20% (Twenty percent) stake in shale gas assets in
Eagle Ford in Texas through its subsidiary GAIL Global (USA) Inc. GAIL
(India) Limited has also opened a trading desk at Singapore for LNG trading
through its subsidiary GAIL Global Singapore.
(c) In order to meet the growing demand of natural gas in India:
(i) GAIL (India) Limited has concluded a 3.5 (Three point Five) MMTPA
LNG Sale and Purchase Agreement (the “SPA”) on FOB basis for a
period of 20 (Twenty) years (extendable by another ten (10) years) with
Sabine Pass Liquefaction, LLC. Deliveries will take place from the
Sabine Pass terminal located in Louisiana, USA and are expected to start
from March, 2018;
(ii) GAIL Global (USA) LNG LLC, an Affiliate of GAIL (India) Limited,
has concluded a 2.3 (Two point Three) MMTPA Terminal Service
Agreement (the “TSA”) with Dominion Cove Point LNG LP for the
utilisation of 2.3 (Two point Three) MMTPA of capacity of the Cove
Point terminal and liquefaction facilities for a period of 20 (Twenty)
years (extendable by another five (5) years). Deliveries under the TSA
are expected to start from December, 2017.
GAIL (India) Limited has also tied up its upstream gas arrangements for
the supply to Dominion Cove Point, through firm gas sale agreements
with WGL Midstream Inc.
(iii) GAIL (India) Limited intends to deliver such LNG primarily in India
through storage and regasification capacity reserved at existing terminals
on the West coast of India. Such capacity is to be complemented with
additional capacity reservations to be made at terminals on the East coast
of India. Existing and expected capacity bookings are:
(A) Dahej (2.5 (Two point Five) MTPA firm capacity available for
GAIL);
(B) Dabhol [5 (Five) MTPA firm capacity available for GAIL
(India) Limited];
(C) GAIL (India) Limited is discussing capacity reservations with
various terminals developers (onshore facilities and/or FSRUs)
on the East coast.
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(d) GAIL (India) Limited has appointed the Techno-Commercial Consultant to
assist in the tender process.
3.2 Shipping Requirement and Invitation to Tender
(a) To meet its transportation requirements, GAIL (India) Limited intends, directly
or through an Affiliate, to enter into the Time Charter Documents with one or
more shipowners specialised in the operation of LNG vessels and meeting the
Bidder’s Eligibility Criteria, Shipyard Eligibility Criteria and other techno-
commercial requirements of the Bid to be selected through this bidding
process.
(b) GAIL (India) Limited requires LNG vessels to transport upto 5.8 MTPA of
LNG from United States of America to India. GAIL (India) Limited is also
undertaking an exercise of swapping / trading of LNG. Based on the outcome
of such exercise, the final requirement of Vessels shall emerge and award shall
be made accordingly. The present Bid is calling for 9 (nine) LNG vessels in
lots of three Vessels each, of a cargo capacity of not less than 150,000 (One
Hundred Fifty Thousand) m3 and not more than 180,000 (One Hundred Eighty
Thousand) m3, enabling GAIL (India) Limited to comply with its off-take
commitments at Sabine Pass and Cove Point from the December, 2017. Bids
are invited based on current scenario; however GAIL is also undertaking
exercise of trading/swapping of LNG. Based on the outcome of such exercise,
the final requirement of the vessels shall emerge and award shall be made
accordingly.
(c) GAIL (India) Limited hereby issues the Instructions and invites Bidders to
submit, in strict compliance with the terms of these Instructions, a binding Bid
for the time chartering to GAIL for approximately 09 (nine) Vessels in lots of 3
(three) Vessels (each such lot of 3 (three) Vessels, being a “Lot”). The Bidders
will be required to quote for Lots of 3 (Three) Vessels, with a mandatory
provision that under each Lot, one of the Vessel shall be built in an Indian
shipyard. The Bidder can quote either for one / two / three Lots of 03 (three)
Vessels each. The Bidder shall build the LNG vessel in such Shipyard, which
meet the Shipyard Eligibility Criteria as mentioned in Section 6.
(d) Due to Vessel size varying between 150,000 – 180,000 m3, GAIL may hire an
additional one or two Vessels to fulfill its capacity requirement (such
additional one or more Vessels being the “Additional Vessels”). To meet this
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requirement, in addition to the quote for Lot(s), it is mandatory for the Bidders
to quote for at least 1(one) Additional Vessel from Indian Shipyard. A Bidder
offering two Additional Vessels has to necessarily quote for one Additional
Vessel from Indian Shipyard, and the other Additional Vessel from an
Overseas Shipyard.
(e) Each Vessel (either as a part of a Lot or Additional Vessels) offered by the
Bidder should be designed and built pursuant to specifications that are as per
the Outline Specifications at a Shipyard meeting the Shipyard Eligibility
Criteria and that otherwise complies with the requirements of these Instructions
(each a “Vessel”). Bidders may offer Vessels of either membrane technology
or MOSS technology, with TFDE / steam / two stroke Slow Speed Gas
Injection (SSGI) propulsion system, in each case being compliant with the
Outline Specifications.
3.3 Scope of the Tender
(a) The Vessels that are the subject of Bidder’s Bid shall be newly built, designed,
constructed and sold to Bidder in accordance with a shipbuilding contract to be
approved by GAIL and concluded between Bidder and any Shipyard(s)
meeting the Shipyard Eligibility Criteria described in the present Instructions.
(b) The Vessels shall comply with the technical requirements contained in the
Outline Specifications and have a cargo capacity [at 100% (One Hundred
percent)] of not less than 150,000 (One Hundred Fifty Thousand) m3 and not
more than 180,000 (One Hundred Eighty Thousand) m3.
(c) In securing new-building positions for this Bid at any of the eligible Shipyards,
Bidder shall ensure that the relevant Vessels shall be delivered and available
for the Time Charter in accordance with the following schedule:
(i) Vessels from Overseas Shipyard
a) The Bidders can opt to deliver the Vessels from Overseas Shipyards on
any date falling between January 1, 2019 and May 31, 2019 (“Delivery
Window”). Bidders while submitting the bid would be required to quote
a firm delivery date (“Delivery Date”) falling within the above
mentioned Delivery Window. If Bidders wish to deliver a Vessel on a
date earlier than the Delivery Window, the same would need to be
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specified by the Bidders in Annexure 29, subject to the same not being
prior to April 1, 2018.
The Vessels from Overseas Shipyards shall in all cases only be evaluated
on the basis of a 19.5 year term irrespective of the Delivery Date
specified by the Bidder.
b) GAIL may, at its sole discretion (exercisable at least six months prior to
the Delivery Date), extend the actual delivery date to a date no later than
15 (fifteen) days from the Delivery Date, by way of notice to the
Owner(s). Where the said extension is notified by GAIL to the Owner the
Delivery Date for the Vessel shall be deemed to be the date so notified by
GAIL.
(ii) Vessels from Indian Shipyards
(a) The Bidders can opt to deliver the Vessels from Indian Shipyards on any
date falling between July 1st, 2022 and June 30
th, 2023 (“Indian
Vessels’ Delivery Window”). Bidders while submitting the bid would
be required to quote a firm delivery date (“Indian Vessels’ Delivery
Date”) falling within the Delivery Window. If Bidders wish to deliver a
Vessel on a date earlier than the Delivery Window, the same would need
to be specified by the Bidders in Annexure 29, subject to the same not
being prior to April 1, 2018.
The Vessels from Indian Shipyards shall in all cases only be evaluated
on the basis of a 16 year contract term irrespective of the Indian
Vessels’ Delivery Date specified by the Bidder.
(b) GAIL may, at its sole discretion (exercisable at least six months prior to
the Indian Vessels’ Delivery Date), extend the actual delivery date to a
date no later than 15 (fifteen) days from the Indian Vessels’ Delivery
Date, by way of notice to the Owner(s). Where the said extension is
notified by GAIL to the Owner, the Indian Vessels’ Delivery Date for
the said Vessel shall be deemed to be the date so notified by GAIL.
3.4 Structure of the Bid Document
This Bid Document consists of the following 3 (three) parts:
PART 1: INSTRUCTIONS TO BIDDERS
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This part provides information about the bidding procedure and consists of:
(i) Request for Proposal and NIT
(ii) Table of contents
(iii) Disclaimer
(iv) List of Abbreviations
(v) Definitions
(vi) Forms to be filled up by the Bidder
(vii) Appendices
(viii) Check list - List of Information / Documents to be included in the
Techno- Commercial Bid
(ix) Format for Schedule of Rates
(x) E-Tendering Instructions
PART 2 : AGREEMENTS AND TECHNICAL DOCUMENTS
This part includes the Time Charter Agreement to be executed by the Owner
and GAIL and other agreement(s) and relevant technical specifications as
follows:
PART 2A: PROFORMA TCP
PART 2B: PROFORMA APPENDICES TO THE TCP
PART 2C: PROFORMA TPA
PART 2D: PROFORMA SHA
PART 2E: OUTLINE SPECIFICATION
PART 3 : PROJECT INFORMATION MEMORANDUM
3.5 Rules of Construction
In the interpretation, unless the context otherwise requires:
(a) the singular of term includes the plural and vice versa, and any word or
expression defined in the singular has the corresponding meaning used in the
plural and vice versa;
(b) a reference to any gender includes the other gender;
(c) unless otherwise stated, a reference to a Section, Sub- Section, Paragraph, Sub-
paragraph, Annexure, Appendix, Exhibit, Attachment, Schedule or Recital is a
reference to a Section, Sub- Section, Paragraph, Sub-paragraph, Annexure,
Appendix, Exhibit, Attachment, Schedule or Recital of this Part;
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(d) a reference to any agreement is a reference to that agreement and all annexes,
attachments, exhibits, schedules, appendices and the like incorporated therein, as
the same may be amended, modified, supplemented, waived, varied, added to,
substituted, replaced, renewed or extended, from time to time, in accordance
with the terms thereof;
(e) the terms “include” and “including” shall be deemed to be followed by the words
“without limitation”, whether or not so followed;
(f) any reference to a person shall include such person's successors and permitted
assignees;
(g) a reference to a “writing” or “written” includes printing, typing, lithography and
other means of reproducing words in a visible form;
(h) any date or period set forth in this Part shall be such date or period as may be
extended pursuant to the terms of this Part;
(i) a reference to “month” shall mean a calendar month, and a reference to “day”
shall mean a calendar day, unless otherwise specified;
(j) in case of a conflict or contradiction between the main body of this Bid
Document and its Annexures, the contents of the main body will prevail, to the
extent of such contradiction. In case of any other contradiction, the more specific
provision shall override the general provision. GAIL’s decision with respect to
any priority or precedence with respect to any such conflict or contradiction shall
be final and binding on the Bidder.
(k) all capitalised terms not specifically defined but used in this Part shall have the
meaning respectively assigned to them in the Time Charter Agreement, unless
the context requires otherwise.
4 BID SECURITY, INTEGRITY PACT & POWER OF ATTORNEY
4.1 Earnest Money Deposit (EMD) / Bid Security
The Bidder shall submit the following documents in physical form before the Due
Date & Time of Bid-Submission:
(a) A “Bid Security” for an amount of United States Dollars (USD) 1,500,000 (One
Million Five Hundred Thousand) for a Lot of 03 (Three) nos. Vessels [and all
Additional Vessel(s) in the Bid of the relevant Bidder]. For any additional Lot to
be quoted by the Bidder, an additional Bid Security amount of USD 1,500,000
(One Million Five Hundred Thousand) is to be submitted, provided that the
aggregate Bid Security to be furnished shall not exceed USD 3,000,000 (Three
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Million), for 2 (two) or more Lots [and all Additional Vessel(s) in the Bid of the
relevant Bidder]. The Bid Security provided for the Lots shall be deemed to
cover, and extend to, all Additional Vessels in the Bid of the Bidder.
Bid Security amount = USD 1,500,000 (One Million Five Hundred Thousand) x
no. of Lot(s) quoted [and Additional Vessel(s)], subject to a cap of USD
3,000,000 (Three Million).
If a single Bidder / Consortium has quoted for one Lot and Additional
Vessels: USD 1,500,000 (One Million Five Hundred Thousand)
If a single Bidder / Consortium has quoted for two Lots and Additional
Vessels: USD 3,000,000 (Three Million)
If a single Bidder / Consortium has quoted for three Lots and Additional
Vessels: USD 3,000,000 (Three Million)
Bids must be accompanied with 'Bid Security' in the form of 'Demand Draft' in
favor of GAIL (India) Limited, payable at New Delhi or a 'Banker's Cheque'
or a 'Bank Guarantee' or a 'Letter of Credit'. The Bid Security for the
aforesaid amounts may be submitted in Indian rupee (INR) equivalents for the
aforesaid amounts, and for this purpose the conversion rate shall be 1 USD = 65
INR.
Bidders shall ensure that a 'Bid Security', having a validity of at least three (03)
months beyond the validity of the Bid, must accompany the Bid in the format(s)
made available in the Bid Document. In case of successful Bidder, Bid security
shall remain valid till signing of Agreements and furnishing Performance Bank
Guarantee. Bids not accompanied with 'Bid Security', or 'Bid Security' not in
requisite form or Bid Security with shorter validity period shall be liable for
rejection. Where the period of Bid validity is extended, the Bid Security shall also
be extended accordingly, failing which the Bid shall be liable to be rejected.
(b) The Bid Security is required to protect GAIL against the risk of Bidder's
conduct, which would warrant the Bid Security's forfeiture.
(c) GAIL shall not be liable to pay any Bank charges, commission or interest on the
amount of 'Bid Security'. In case the 'Bid Security' is in the form of a 'Bank
Guarantee' or Letter of Credit’ the same shall be from any Indian scheduled bank
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or a branch of an international bank situated in India and registered with 'Reserve
Bank of India' as Scheduled Foreign Bank. However, in case of 'Bank Guarantee'
from banks other than the Nationalized Indian Banks, the Bank must be a
commercial bank having net worth in excess of Rs. 100 Crores (Rupees One
Hundred Crores] and a declaration to this effect should be made by such
commercial Bank either in the 'Bank Guarantee' itself or separately on its
letterhead.
(d) Any Bid not secured in accordance with the present Instructions may be rejected
by GAIL (India) Limited as non-responsive.
(e) The unsuccessful Bidder's 'Bid Security' will be discharged/ returned as promptly
as possible, but not later than 'thirty (30] days' after expiry of the 'Period of Bid
Validity' prescribed by GAIL (India) Limited.
(f) The successful Bidder's 'Bid Security' will be discharged/ returned upon the
Bidder's accepting the 'Award', signing various Agreements including TCPA,
SHA, Ship Building Contract, any other document(s) as mentioned in the Bid
Document and furnishing the Performance Bank Guarantee.
(g) The 'Bid Security' may be forfeited, inter-alia:
(A) If a Bidder withdraws his Bid during the period of bid validity
(completely or partially) or fails to extend the Bid Security upon the
extension of the period of bid validity (where such extension is agreed to
by the Bidder pursuant to Section 9.10(c) below);
(B) If a Bidder has indulged in corrupt/fraudulent /collusive/coercive practice,
(C) In the case of a successful Bidder, if the Bidder fails:
(i) to accept the "Notification of Award" / "Fax of Acceptance (FOA)",
or
(ii) to furnish Owner’s Guarantee and/ or Performance Bank Guarantee,
in accordance with Section 8 and 15.1 of ITB;
(iii) to accept corrections on account of arithmetical errors or
inaccuracies in the Priced Bid of the Bidder;
(iv) to sign various agreements in accordance with the timeline
mentioned in Section 9.6.2 of ITB.
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(D) If the Bidder modifies bid during the period of bid validity (after
submission date).
(E) Otherwise on account of a material breach of these Instructions or
instructions mentioned elsewhere in the Bid Document.
(h) In case Bid Security is in the form of 'Bank Guarantee or Letter of Credit ', the
same must indicate the Tender No. and the Lot (and Additional Vessels) for
which the Bidder is quoting. This is essential to have proper correlation at a later
date.
4.2 Integrity Pact
(a) GAIL as one of its endeavour to maintain and foster most ethical and
corruption free business environment, have decided to adopt the Integrity Pact,
a tool developed by the Transparency International, to ensure that all activities
and transactions between the Company / GAIL and its Counterparties (Bidders,
Contractors, Vendors, Suppliers, Service Providers/ Consultants etc.) are
handled in a fair and transparent manner, completely free of corruption.
Accordingly, an MOU on Integrity Pact has been signed on 23.07.2007 by
GAIL with Transparency International India.
(b) Bidders are required to sign the integrity pact (as per the format enclosed at
Annexure 2), failing which their Bid shall be liable for rejection. Considering
the above, the details mentioned hereunder are applicable in addition to the
existing stipulation regarding Corrupt and Fraudulent Practices.
(c) Commitments and obligations of the Bidder:
(i) The Bidder, directly or indirectly (through its agent, consultant, advisor
etc), shall not pay any bribe / influence or give undue / unlawful benefit
to anyone to gain undue advantage in dealing with GAIL.
(ii) The Bidder will not engage in collusion of any kind including price
fixation etc. with other counterparties/bidder(s).
(iii) The Bidder will not pass GAIL’s confidential information to any third
party unless specifically authorized by GAIL in writing.
(iv) The Bidder shall promote and observe best ethical practices within their
respective organizations.
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(v) The Bidder shall inform the Independent External Monitor (IEM),
(A) if it receives any demand, directly or indirectly, for a bribe /
favor or any illegal gratification / payment / benefit;
(B) if it comes to know of any unethical or illegal payment /
benefit;
(C) if it makes any payment to any GAIL associate;
(vi) The Bidder shall not make any false or misleading allegations against
GAIL or its associates.
(d) Violations And Consequences:
(i) If a Bidder commits a violation of its commitments and obligations
under the Integrity Pact program during bidding process, their entire
Bid Security, would be forfeited and in addition, they may be
blacklisted (i.e. banned) from the GAIL business in future.
(ii) In case of violation of the Integrity Pact by Bidder after award of the
contract, GAIL shall be entitled to terminate the contract. GAIL would
forfeit the Performance Security Deposits, en-cash the Bank
Guarantee(s) and forfeit other payments to Bidder in such cases.
(iii) Subject to satisfaction of the Independent External Monitor, GAIL may
ban / blacklist / put on holiday and exclude the Bidder from future
dealings until GAIL is satisfied that Bidder shall not commit any such
violation in future.
(iv) In addition to above, GAIL reserves its right to initiate criminal
proceedings against the violating Bidder, if the allegations by Bidder
are found frivolous, untrue and misleading and may also impose
exemplary cost for the same.
(v) The Bidder will be entitled to claim as determined by the Independent
External Monitor, if the above (iv) is found incorrect.
(e) Independent External Monitors (IEMS)
The following 2 (two) Independent External Monitors (IEMs) have been
appointed by GAIL, in terms of Integrity Pact (IP) which forms part of GAIL
Tenders / Contracts.
(i) Shri Naresh Narad (email id: nareshnarad@outlook.com )
(ii) Shri Anil Kumar (email id: anilk1953@yahoo.com )
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This panel is authorized to examine / consider all references made to it under
this tender. The Bidder(s), in case of any dispute(s) / complaint(s) pertaining to
this tender may raise the issue either with the designated officials in GAIL or
directly with the IEMs on the panel c/o Chief Vigilance Officer, GAIL (India)
Limited, GAIL Bhawan, 16, Bhikaiji Cama Place, R.K. Puram, New Delhi –
110066
4.3 Power of Attorney
In case of a Single Bidder, Power of Attorney issued by the Board of Directors/ CEO /
MD / Company Secretary of the Bidder in favour of the authorised employee(s) of the
Bidder, in respect of the particular tender for signing the Bid and all subsequent
communications, agreements, documents pertaining to the tender and to act and take
any and all decision on behalf of the Bidder is to be submitted.
In case of a Consortium, Power of Attorney issued by Board of Directors/ CEO / MD /
Company Secretary of the Consortium Leader as well as Consortium Member(s) of
the Consortium in favour of the authorised employee(s) of the Consortium Leader, for
signing the documents on behalf of the Bidder, in respect of this particular tender, to
sign the Bid and all subsequent communications, agreements, documents pertaining to
the tender and act and take any and all decision on behalf of the Consortium are to be
submitted.
5 BIDDER ELIGIBILITY CRITERIA (BEC):
The Bidder Eligibility Criteria (BEC) are aimed at ensuring that a Bidder has the
necessary expertise and resources (whether financial as well as technical) to acquire,
own and to safely and efficiently operate the Vessels.
The Bidder can be a Single Bidder OR a Consortium (as defined in the ITB). The
Bidder shall meet the following eligibility criteria and agree to the conditions set out
below failing which the Bid shall be rejected:
5.1 Technical Criteria
The Bidder (a Single Bidder OR a Consortium) shall meet the following technical
criteria (the “Technical Criteria”):
5.1.1 Single Bidder:
The Bidder must have:
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(a) in the preceding 7 (Seven) years prior to due date of submission of the Bid,
ownership experience with minimum 25% (Twenty Five percent) of equity directly
or through its parent company or 100% (One Hundred percent) subsidiary company
in at least:
(i) 2 (Two) number of LNG vessels if quoting for one Lot of 3 (Three) Vessels
plus 1(One) /2 (Two) Additional Vessels;
(ii) 3 (Three) number of LNG vessels if quoting for two Lots of 6 (Six) Vessels
plus 1(One)/2 (Two) Additional Vessels; and
(iii) 5 (Five) number of LNG vessels if quoting for three Lots of 9 (Nine) Vessels
plus 1(One)/2 (Two) Additional Vessels.
During the ownership of the Bidder, each such LNG Vessels should have been in
Operation under time charter hire for a duration of minimum 2 (two) years prior to the
due date of submission of bid and the carrying capacity of such LNG vessels should
not be less than 135,000 (One Hundred Thirty Five Thousand) m3; and
(b) experience of LNG vessel management of at least 1 (One) LNG vessel, with capacity
not less than 135,000 (One Hundred Thirty Five Thousand) m3 of Membrane OR
MOSS type containment system and DFDE / TFDE / steam type propulsion system,
for a period of at least 1 (One) year in preceding 7 (Seven) years prior to due date of
submission of the Bid;
OR
experience of LNG vessel management for at least 1 (One) LNG vessel, with capacity
not less than 135,000 (One Hundred Thirty Five Thousand) m3 of Membrane OR
MOSS type containment system and DFDE / TFDE / steam type propulsion system,
by managing a contract of a vessel manager either by himself or as a member in a
special purpose company in which the said member was made responsible for
supervising the ship management, for a period of at least 1 (One) year in preceding 7
(Seven) years prior to due date of submission of the Bid.
(c) experience of supervising LNG Ship building contract(s) including framing contract
conditions and vessel specifications, plan approval and construction supervision in
preceding 7 (Seven) years for at least one LNG vessel having a capacity not less than
135,000 (One Hundred Thirty Five Thousand) m3 of Membrane OR MOSS type
containment system; and
(d) past experience of containment and propulsion system either in one LNG vessel or
separately in different LNG vessels of capacity not less than 135,000 m3 in preceding
7 (Seven) years prior to due date of submission of the Bid, for the following:
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(i) containment system with respect to (b) and (c) above similar to the proposed
vessel
(ii) propulsion system with respect to (b) above similar to the proposed vessel
For the Bidders offering Vessels with two stroke Slow Speed Gas Injection (SSGI)
propulsion system, the experience of DFDE/TFDE propulsion system shall suffice.
5.1.2 Consortium Bids:
(a) The total number of members in a consortium including the Leader shall not be more
than 04 (four).
(b) The Leader of the consortium must meet the experience criteria mentioned above at
5.1.1 (a) and (b) OR 5.1.1 (a) and (c), of the Technical Criteria; and
(c) Other Consortium Member(s) [other than the Leader] must meet at least either 5.1.1(b)
or 5.1.1 (c) of the Technical Criteria.
In case, any such Consortium Member does not meet either 5.1.1 (b) or 5.1.1 (c) of
the Technical Criteria, but has the ownership experience in at least one LNG vessel of
135,000 M3 OR non-LNG Vessel of 100,000 (One Hundred Thousand) DWT for
transportation of liquid hydrocarbon, in the preceding 7 (Seven) years prior to due date
of submission of the bid with minimum 10% of equity ownership for a duration of
minimum 2 (two) years (during which such vessel should have been in operation
under voyage / time charter hire), the same is also acceptable, provided that the
number of such member shall not be more than one in a Consortium and such
Consortium Member shall hold 10% equity in Vessel(s) from Overseas Shipyard and
5% - 10% equity in the Vessel(s) from Indian Shipyard, in a SPC (successful
consortium).
(d) Similar to the proposed Vessel, the Leader and member of the Consortium meeting the
criteria at 5.1.1 (b) and 5.1.1 (c) above, must have past experience either both
containment and propulsion system in one LNG vessel OR separately in different
LNG vessels of capacity not less than 135,000 m3 in preceding 7 (Seven) years prior
to due date of submission of the Bid, for the following:
(i) containment system with respect to (b) and (c) above
(ii) propulsion system with respect to (b) above
For the Consortium offering Vessels with two stroke Slow Speed Gas Injection (SSGI)
propulsion system, the experience of DFDE/TFDE propulsion system shall suffice.
(e) The Bidding Consortium must collectively meet the Technical Criteria at (a), (b), (c)
and (d) as specified in Section 5.1.2 above, in such a manner that the Bidding
Consortium collectively meets the Technical Criteria at 5.1.1 in its entirety also;
5.2 Financial Criteria:
5.2.1 Annual Turnover:
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(A) Single Bidder:
The Bidder must have the following minimum annual turnover in any one of the
preceding 3 (Three) financial years:
(i) Minimum annual turnover of USD 45,000,000 (United States Dollars Forty
Five Million) for one Lot of 03 (three) Vessels and USD 15,000,000 (United
States Dollars Fifteen Million) for each Additional Vessel;
(ii) Minimum annual turnover of USD 90,000,000 (United States Dollars Ninety
Million) for two Lots of 03 (Three) Vessels each and USD 15,000,000 (United
States Dollars Fifteen Million) for each Additional Vessel;
(iii) Minimum annual turnover of USD 135,000,000 (United States Dollars One
Hundred Thirty Five Million) for three Lots of 03 (Three) Vessels each and
USD 15,000,000 (United States Dollars Fifteen Million) for each Additional
Vessel.
(B) Consortium Bid:
The Consortium Leader and other Consortium Member(s) must have following
minimum annual turnover in any one of the preceding 3 (Three) financial years:
(i) Consortium Leader: Same as for the Single Bidder as mentioned in Section 5.2.1
(A) above.
(ii) Other Consortium Member(s): Individual Consortium member must have a
minimum annual turnover of USD 22,500,000 (US Dollars Twenty Two & Half
Million)
5.2.2 Net Worth
The Net Worth of Single Bidder / Consortium Leader should not be less than USD
45,000,000 (United States Dollars Forty Five Million) as per the last audited financial
statement. The Net Worth of other Consortium Member(s) should be positive.
General Note:
(1) Applicable for Consortium Bid only:
In the event of being successful, contract shall be awarded to Consortium.
After the notification of award and before signing of Time Charter Party
Agreement (TCPA), the Consortium while creating Special Purpose Company
(SPC) for the vessel(s) may have a consortium member as largest shareholder
(other than the Leader) in the bidding Consortium as long as such member
meets the qualifying criteria of BEC (both Technical and Financial) meant for
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the Leader mentioned above. However, Leader of Consortium must continue to
be the largest shareholder in at least one Vessel under each Lot. In case of
award of Additional Vessel(s) separately (i.e. without a Lot or Lots), the
Leader of Consortium must continue to be the largest shareholder in at least
one such Vessel(s).
The bidding Consortium intending to do so, should mention the same upfront
in their bid and must furnish the following documents in their Technical Bid
(un priced bid) in respect of such member(s) intending to hold largest
shareholding in SPC:
(i) declaration in the format ANNEXURE 16 and
(ii) requisite documents in support of meeting BEC (both Technical and
Financial Criteria) applicable to Consortium Leader
(2) During the submission and processing of the Bid, the Bidder should not be
under holiday list of GAIL/its Project Management Consultant (only due to
“poor performance” or “corrupt and fraudulent practices”) or banned/
blacklisted by any Govt. Dept./ Public Sector Undertaking of the Indian
Government. Further, no liquidation, bankruptcy, court receivership or other
similar proceedings should have been initiated or pending against the Bidding
Company or Consortium Leader or any Consortium Member.
(3) The Bidder (Single Bidder / Consortium) shall comply with the Shipping
Development Circular No. 2 of 2002 issued by the DG Shipping on 8
November, 2002 and other applicable circulars, guidelines and directions
issued by the DG Shipping, as amended or modified or reissued from time to
time, if applicable.
(4) Net Worth shall be the subscribed and paid up share capital of an entity plus its
free reserves but excluding revaluation reserves, as reduced by accumulated
losses, intangible assets, and miscellaneous expenditure not written off.
5.3 Documents to be submitted for compliance to BEC
5.3.1 Technical Criteria:
(A) The Bidder shall furnish the following documentary evidences along with the Bid in
support of meeting the requirement of 5.1.1 & 5.1.2 of Technical Criteria (as the case
may be):
(i) Copy of relevant document i.e. contract(s)/ agreement(s)/ TCPA (for the
“Assignment”) with the Charterer/ relevant client or SHA / Registration
Certificate from Statutory Authority showing the scope of work / services and
ownership experience.
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(ii) Copy of certificate issued by the Charterer/relevant client indicating execution
& performance of the respective contract/ agreement and showing reference of
contract/ agreement no., date, completion date etc. in support of meeting the
above criteria.
(B) The authentication of the documents submitted in support of the Technical Criteria of
BEC, shall be as under:
(i) Indian Bidder
(a) Duly certified / attested by a Chartered Engineer with legible stamp; and
(b) Duly certified/attested by Notary Public with legible stamp
(ii) Foreign Bidder
(a) Duly certified / attested by Chartered Engineer/ licensed professional
engineer / or equivalent registered engineer of Bidder’s country with legible
stamp and
(b) Certified true copies, duly signed, dated and stamped by an official,
authorized for this purpose in Indian Embassy/ High Commission in Bidder’s
country. However, member countries of Hague Convention 1961, supporting
documents pertaining to Technical BEC certified by “Apostle” of bidder’s
country shall also be acceptable.
5.3.2 Financial Criteria
The Bidder shall submit following documents in support of meeting Financial Criteria
of BEC:
(A) Audited Financial Statement / Annual Report for immediate 3 (Three)
preceding financial years. In case the present tender has a Bid closing date up
to 30th
September of the relevant financial year and audited financial results of
immediate 3 (Three) preceding financial years is not available, the Bidder has
an option to submit the audited financial results of 3 (Three) years immediately
prior to relevant financial year. Wherever, the Bid closing date is after 30th
September of the relevant financial year, Bidder has to compulsorily submit
the audited financial results of immediate preceding 3 (Three) financial years.
(B) In addition to above, the authentication of the documents submitted in support
of the Financial Criteria of BEC, shall be as under:
(i) Indian Bidder:
(a) “Details of Financial capability of Bidder” in Format provided in the
tender, duly signed and stamped by a Chartered Accountant and
(b) Copy of audited annual financial statements submitted shall be duly
certified / attested by Notary Public with legible stamp.
(ii) Foreign Bidder:
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(a) “Details of Financial capability of Bidder” in Format provided in the
tender, duly signed and stamped by a Chartered Accountant / Certified
Public Accountant of the bidder’s country; and
(b) Certified true copies of audited annual financial statements, duly
signed, dated and stamped by an official, authorised for this purpose in
Indian Embassy / High Commission in Bidder’s country. However,
member countries of Hague Convention 1961, supporting documents
pertaining to Financial Criteria of BEC certified by “Apostle” of
Bidder’s country shall also be acceptable.
6.0 SHIPYARD ELIGIBILITY CRITERIA
The Shipyard Eligibility Criteria are aimed at ensuring that any Vessel is designed,
built and delivered by Shipyards that are able to provide a level of quality in its
design and workmanship that will minimize the risk of disturbances in the operating
life of the Vessel, as evidenced by their meeting the eligibility criteria in this Clause.
6.1 Technical Criteria for Shipyard:
(A) For Overseas Shipyard:
Considering the total number of Vessels to be built, and the limited number of
capable Shipyards worldwide, the Bidder may propose one or more Shipyards
for the construction of the proposed Vessels meeting following criteria:
(i) Must have constructed and delivered at least 01 (One) LNG Vessel of
capacity not less than 135,000 (One Hundred and Thirty Five
Thousand) m3 with Membrane or MOSS type containment system and
DFDE / TFDE/ steam type propulsion system in preceding 10 (ten)
years and such LNG Vessel should have been in service for at least 01
(One) year prior to the due date of submission of the Bid;
(ii) The proposed Shipyard(s) where the offered Vessel would be built
must have past experience similar to the proposed containment and
propulsion system either both containment and propulsion system in
one LNG Vessel OR containment and propulsion system separately in
different LNG Vessels, having vessel capacity not less than 135,000
m3.
However, in case Slow Speed Gas Injection (SSGI) propulsion system
is being offered from a shipyard, the shipyard must have experience of
building a ship with DFDE / TFDE propulsion system and must meet
the other criteria as mentioned at (i) and (ii) above, and also the
shipyard must have secured at least one order for building LNG ships,
having vessel capacity not less than 135,000 m3 with SSGI propulsion
till the due date of bid submission.
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(iii) Must be licensed by Gaztransport & Technigaz (GTT) to build LNG
Vessels equipped with a membrane type containment system (No. 96 or
Mark III) or should possess valid license for building MOSS type
containment system (as the case may be, based on the LNG Vessel
specified in its Bid);
(iv) Must be certified under ISO 9001 (Management Quality), ISO 14001
(Environment Management) and OHSAS 18001 (Safe and Healthy
Working Environment Management);
(v) Must have provided a confirmation of its total capacity to build LNG
Vessels of the type required by the present tender, order for number of
LNG vessels already received by the Shipyard during the same
construction period and commitment(s) from the proposed Shipyard for
the construction of offered Vessel(s) in the event of award;
(vi) Must have provided a duly executed Technical Collaboration
Agreement with an Indian Shipyard, which meets the qualification
criteria mentioned at clause 6.1 (B) and 6.2.2, in the format provided in
the tender document at Annexure 24.
(B) For Indian Shipyard:
Indian Shipyards shall be considered meeting the criteria in Section 6.1 (A)(i)
and 6.1 (A) (ii) above, subject to their submission of a duly executed Technical
Collaboration Agreement (TCA) (in the format prescribed in Annexure 24)
with a Shipyard meeting the Shipyard Eligibility Criteria specified in Section
6.1(A) (i) & 6.1 (A) (ii) above (hereinafter referred to as “Qualified
Shipyard”), with validity of such agreement till 05 years from the delivery of
vessel(s) from respective Indian Shipyards (in the event of award). Further, the
Indian Shipyard must meet the requirements of 6.1 (A) (iii), (iv) and (v) in the
same manner as contemplated in 6.1 (A) above.
6.2 Financial Criteria (both Overseas and Indian Shipyards):
6.2.1 Financial Criteria for overseas Shipyards:
(i) Must have minimum annual turnover of US$ 1,000,000,000 (United States
Dollars One Billion) as per the audited Financial Statement in any of the
preceding 3 (Three) financial years, on its own or by its Parent company either
standalone or on consolidated basis;
(ii) Must have Net Worth of at least US$ 500,000,000 (United States Dollars Five
Hundred Million) as per the last audited Financial Statement, on its own or by
its Parent company either standalone or on consolidated basis;
6.2.2 Financial Criteria for Indian Shipyards:
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(i) Must have minimum annual turnover of US$ 250,000,000 (United States Dollars
Two Hundred Fifty Million) / INR 1500,00,00,000 (Indian Rupees One
Thousand Five Hundred Crores) as per the audited Financial Statement in any
of the preceding 3 (Three) financial years, on its own or by its Parent company
either standalone or on consolidated basis;
(ii) Must have Net Worth of at least US$ 125,000,000 (United States Dollars One
Hundred Twenty Five Million) / INR 750,00,00,000 (Indian Rupees Seven
Hundred Fifty Crores) as per the last audited Financial Statement, on its own or
by its Parent company either standalone or on consolidated basis;
6.3 Documents to be submitted for the Shipyard:
The following documentary evidences along with the Bid are to be submitted for
meeting the requirements at Section 6.1 & 6.2 above:
(i) Copy of contract(s)/ agreement(s) showing scope of work/services as well as
copy of a certificate issued by the Charterer / relevant client showing delivery
of the LNG vessel to the Shipyard towards meeting Section 6.1 (A)(i) above.
OR
A certificate issued by the Charterer / relevant client to the Shipyard showing
scope of work/services, date of delivery of the LNG vessel for meeting Section
6.1 (A) (i) above.
(ii) Copy of relevant documents for meeting Section 6.1(A)(ii) above.
(iii) Copy of valid License for meeting Section 6.1 (A)(iii) above,
(iv) Copy of certificates issued by a reputed Certification Agency for meeting
Section 6.1(A) (iv) above,
(v) Copy of confirmation letter from the proposed Shipyard for meeting Section
6.1 (A)(v) above,
(vi) Financial Statement / Annual Report including Audited Balance Sheet and
Profit & Loss Account Statement of the Shipyard for immediate 3 (Three)
preceding financial years for meeting 6.2 of the above criteria. In case the
present tender has a Bid closing date up to 30th
September of the relevant
financial year and audited financial results of immediate 3 (Three) preceding
financial year being not available, the Bidder has an option to submit the
audited financial results of three years immediately prior to relevant financial
year. Wherever, the Bid closing date is after 30th
September of the relevant
financial year, the Bidder has to compulsorily submit the audited financial
results of immediate preceding 3 (Three) financial years.
(vii) In case of Indian Shipyard meeting the criteria in Section 6.1(A)(i) & 6.1(A)(ii)
above based on the qualification of a Qualified Shipyard, a binding agreement
between the Indian Shipyard and the Qualified Shipyard is to be submitted in
the manner specified under Section 6.1 (B) above.
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(viii) Copy of duly executed Technical Collaboration Agreement between qualified
Overseas Shipyard and Indian Shipyard (as contemplated in 6.1 (a) (vi) and 6.1
(B) above).
Note : The authentication of the documents submitted in support of meeting the
Technical Criteria and financial Criteria for Shipyard shall be in the same
manner as specified above under Section 5.3.1 (B) and 5.3.2 (B) respectively.
7 REQUIREMENTS FOR THE SHIP MANAGER
The ship manager proposed by the Bidder must meet the requirements specified at
Section 5.1.1(b) above and shall be subject to approval by GAIL, and be to the
satisfaction of Sabine Pass LNG LP, and Dominion Cove Point LNG LP.
8 PARENT/ PROMOTER COMPANY GUARANTEE
An Owner’s Guarantee in the form specified in Appendix IV to the Proforma TCP
shall be provided to Charterer simultaneously with or prior to, the execution of the
Time Charter Agreement (the “Owner’s Guarantee”). The Owner’s Guarantee shall
be provided by the largest shareholder of the Owner (or where the largest shareholder
has been qualified in the bidding process, on the basis of the credentials of a parent, by
such parent company) or by any other bank/ financial institution proposed by the
Owner and accepted by Charterer in its sole discretion.
The Owner’s Guarantee shall continue to be valid and effective upto 90 days after the
delivery of the Vessel pursuant to the Time Charter Agreement.
9 COMPLIANCE WITH BID DOCUMENTS
9.1 The Bidder shall comply with the following:
(a) Bidders presenting a Bid that does not meet the Eligibility Criteria (both in
relation to Bidder itself and the proposed Shipyard) shall be disqualified from
the tender process.
(b) The Bid Documents specify the requirements with which Bidder’s Bid shall
comply, and consist of the documents prescribed under this ITB (including the
presented at section 5.3 & 6.3 above).
(c) The Bidder’s Bid shall be based upon and strictly comply with the contents and
the requirements of the Bid Documents.
(d) The Bidders are requested to submit their Bid in compliance with the Bid
Document, and to avoid seeking deviation(s) to the terms of the Bid
Documents. However, if unavoidable, minor deviation(s), if any, may be
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provided through Annexures 5 and 6 attached to the present instructions. The
Bid shall not be conditional upon the acceptance by GAIL (India) Limited of
any minor deviations provided through Annexure 5 or Annexure 6, and such
deviations may be accepted or rejected by GAIL (India) Limited at its sole
discretion. Bidders may also note that no price implication shall be permitted
on account of withdrawal of deviation(s) at a later date. It is clarified that the
terms prescribed by GAIL (India) Limited in the Proforma TPA are the
minimum terms to be included in the final tripartite agreement to be executed
with the shipbuilder.
(e) Each Bid shall be firm, irrevocable and unconditional, and capable of
acceptance by GAIL (India) Limited within the relevant validity period.
9.2 Time Charter Documents
The Time Charter documents i.e. the Time Charter Party (TCP) Agreement including
appendices, Tri-Partite Agreement (TPA) including appendices and Share Holder’s
Agreement (SHA) are to be executed as under:
Time Charter Party (TCP) Agreement: To be executed between SPC and Charterer
/ GAIL (or it’s affiliates) within 02 (two) months from the date of notification of
award as per the proforma TCP (part of the Tender document) and agreed variations
thereof.
Tri-Partite Agreement (TPA): To be executed between SPC, Charterer / GAIL and
the Shipyard in relation to the Shipbuilding Contract as per the proforma TPA to be
provided by Ship Owner incorporating basic requirements being provided in the
Tender and agreed by Charterer, within 02 (two) months from the date of notification
of award.
Share Holder’s Agreement (SHA): To be executed as per the proforma containing
the minimum rights of GAIL and / or Shipping Corporation of India Limited (SCI) as
the Owner to be incorporated into the Share Holders Agreement in respect of the
Owner (GAIL / SCI) upon the exercise of the Equity Option.
In case of any default or material breach by the Vessel Owner or other agencies
engaged by the Vessel Owner related to various agreements, the same shall be
construed as default under Time Charter Party Agreement and / or other agreements.
9.3 Absence of Shareholder Guarantee
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(a) There shall be no actual or implied guarantee from, or any form of actual or
implied recourse against, any of the Affiliates or shareholders of GAIL (India)
Limited in relation to any Time Charter Documents to be entered into between
GAIL and any successful Bidder.
(b) If the Time Charter Documents are to be entered into by an Affiliate of GAIL
(India) Limited, GAIL (India) Limited will provide a performance guarantee in
relation to the Time Charter Documents to be entered into by such Affiliate.
However, there shall be no actual or implied guarantee from, or any form of
actual or implied recourse against, any of the other Affiliates or against the
shareholders of GAIL (India) Limited in relation to such Time Charter
Documents.
9.4 Interaction with Financiers
GAIL will cooperate with Bidders in finalising their financing arrangements in a
reasonable manner without any cost to GAIL; provided that Bidders and their lenders
need to be aware that the following items will not be made available to Bidders or
their lenders by GAIL:
(i) A payment security mechanism for Bidders or their lenders, except as provided
in the TCP.
(ii) Independent consultant reports on LNG or gas marketing, or shipping; and
(iii) Access to any of the engineering, procurement and construction (EPC)
contracts, the SPA or TSA or any other agreements entered into by GAIL with
third parties, or any other document that is deemed to be confidential in nature
by GAIL in its sole discretion. To the extent necessary, GAIL may provide
extracts or summaries of the relevant portions of the aforesaid documents.
9.5 Pre-Bid Meeting and Clarifications to Tender
(a) A pre-bid meeting shall be organized by GAIL (India) Limited to respond to
the various queries/ clarifications to the Bid Documents. A prospective Bidder
requiring any clarification with respect to the Bid Documents may notify
Contact Person (refer RFP) in writing or by fax or e-mail to reach GAIL at
least 5 (Five) days prior to the pre-bid meeting in the format attached to the
ITB. Subsequent to the pre-bid meeting, GAIL’s responses (including an
explanation of the query but without identifying the source of the query) will
be hosted on GAIL and other relevant website(s).
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(b) At any time prior to the Bid due date, GAIL (India) Limited may, for any
reason, whether at its own initiative or in response to a clarification requested
by a prospective Bidder, modify the Bid Documents.
(c) If any of the clarifications requires an amendment to the Bid Documents, a
corrigendum will be issued. The clarifications and corrigendum, if any will be
hosted on GAIL and other relevant website(s) and intimation shall be sent to all
prospective Bidders.
(d) In order to afford prospective Bidders, reasonable time in which to take the
amendment into account in preparing their bids, GAIL (India) Limited may, at
its discretion, extend the Bid due date.
(e) Any revision, clarification, addendum, corrigendum, time extension, etc. to the
above tender will be hosted on the website http://www.gailtenders.in and
https://etender.gail.co.in only and no separate notification shall be issued in the
press. Bidders are required to visit the website(s) regularly to keep themselves
updated.
9.6 Tentative Schedule of Tender Activities
9.6.1 The tentative schedule of tender activities shall be as under:
Activity Tentative Date
Publishing of NIT in newspapers 14th
September, 2015
Bid Documents available on websites From 15th
September 2015 to
14th
December 2015, 1400 Hrs
(IST)
Forwarding of pre-bid queries by prospective
Bidders
25th
Sep, 2015
Pre-bid meeting 30th
Sep 2015
Due date for submission of bids 14th
December 2015
Opening of Priced Bids of Techno-
commercially acceptable Bidders
2nd
Week of April, 2016
Notification of award by GAIL May 2016
Signing of the Time Charter Agreement June 2016
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The aforesaid schedule is tentative and may vary in accordance with the requirements
of GAIL.
9.6.2 The Bidder agrees that the Time Charter Agreement shall be executed by GAIL and
the SPC within 2 (Two) months of the issuance of the notification of award by GAIL.
Prior to the execution of the Time Charter Agreement, the SPC shall submit to GAIL,
executed copies of the Shipbuilding Contract. The tripartite agreement shall be
executed simultaneously with the execution of the Time Charter Agreement.
9.7 Late submission of Bids
(a) No late Bids/ offers after due date and time shall be permitted in E-Tender
system/portal, as Bidders will not have any access to the E-Tender portal for
this ITB beyond the deadline for submission of the Bids. If a Bidder intends to
modify the Bid already submitted, they may do so, on or before the deadline
for submission of Bids.
(b) Bidders are advised in their own interest to ensure that bids are uploaded in e-
procurement system/ portal well before the closing date and time of submission
of Bids.
(c) No Bid can be modified/withdrawn/substituted after the dead line for
submission of Bids. Withdrawal/ Modification/ Substitution of a bid after the
deadline for submission of bid and till the expiration of the period of bid
validity confirmed by the bidder, shall result in the forfeiture of bid security of
the bidder.
(d) No manual Bids/ offers including telegraphic/ fax/ e-mail offers shall be
permitted.
9.8 Cost of Bidding
The Bidder shall bear all costs associated with the preparation and submission of the
Bid, and GAIL, will in no case, be responsible or liable for these costs, regardless of
the conduct or outcome of the tender process.
9.9 Bid Currency
(a) The Bidders are required to quote only in US Dollars and shall receive
payments in US Dollars.
(b) Currency once quoted will not be allowed to be changed. GAIL shall not
compensate Bidder(s) for any exchange rate fluctuation.
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9.10 Period of Validity of Bids
(a) Bids shall be kept valid for 6 (six) months from the due date (and the
prescribed time on such date) of submission of Bids. A Bid with a shorter
validity period shall be rejected by GAIL as non-responsive.
(b) Subject to 9.11 below, the Bidder shall not be entitled to revoke or cancel its
Bid or to vary the Bid given or any term thereof, during the Bid validity period
specified in (a) above (including any extensions thereof, as agreed by the
Bidder pursuant to Section 9.10(c) below).
(c) Notwithstanding Section 9.10(a) above, GAIL may solicit the Bidder’s consent
to an extension of the period of Bid validity and Bid Security beyond the
period of Bid validity. The request and the responses thereto shall be made in
writing by fax or email.
9.11 Modification and Withdrawal of Bids
The Bidder may modify or withdraw his Bid after the Bid submission, provided that
the modification/ withdrawal is done on GAIL’s e-portal prior to the due date (and
the prescribed time on such date) of submission of Bids.
9.12 Contacting GAIL
(a) If any Bidder wishes to contact GAIL on any matter relating to his Bid, from
the time of Bid opening to the time the contract is awarded, it should do so in
writing.
(b) Any efforts by a Bidder to influence GAIL in Bid evaluation, Bid comparison
or contract award decisions may result in the rejection of the Bid.
9.13 Submissions of Bids in Single Stage Two Bid System
GAIL invites bids, under a single-stage-two bid system, for performance of the work
and activities covered under the Bid Document. All Bids are to be completed and
submitted to GAIL in accordance with the Bid submission procedure set forth in the
Bid Documents.
The Bidder should note that the format of Forms have been inserted for the
convenience of the Bidder and may not exhaustively enumerate or describe various
information required to be provided by the Bidder under the Bid Document. The
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Bidder should ensure that all the information required to be provided by it in terms of
the Bid Documents is included in its Bid whether or not a particular Annexure makes
provision for submission of such information and/ or whether or not a format for
submission of such information is incorporated in the Bid Documents.
The closing date and time (such date and time, the “Submission Date” for submission
of the Bid is 14:00 hrs (Indian Standard Time) on the date specified above.
9.14 Content of Bid
The Bid to be submitted by the Bidder shall contain the following:
(a) The Techno-Commercial Unpriced Proposal (i.e. Part I, Unpriced Bid) along
with all documents meeting Bidder Eligibility Criteria, Shipyard Eligibility
Criteria, all forms as provided in the present Bid Documents duly filled in,
signed & stamped, blank Schedule of prices (i.e. without indicating prices in
the price format but indicating “Quoted” or “Not Quoted”, as the case may be,
in support of having submitted prices in the Priced Bid strictly in the format of
the Schedule of Rates of the ITB), Bid Documents and it’s addenda /
corrigenda (if any), proforma Agreements (Proforma TCP, Proforma TPA,
Proforma SHA, Shipbuilding Contract etc.) duly signed & stamped, all other
information / documents sought in the tender etc. are to be uploaded in the
specified area in GAIL’s e- portal;
(b) Bid Security, Integrity Pact and Power of Attorney as per Request for Proposal
(RFP) are to be submitted in physical form in addition to uploading a copy of
the same in the Techno-Commercial (Unpriced) Bid;
(c) The envelope containing the Cost of Vessel as per Request for Proposal (RFP)
are to be submitted in physical form in addition to uploading a copy of the
same in the Price Bid (Part II);
(d) The Priced Bid strictly in the format of prices duly signed is to be submitted in
the specified area in GAIL’s E- portal. The Priced Bid shall not contain any
techno-commercial conditions, as no cognisance shall be given to such
conditions/stipulation.
10 TECHNO-COMMERCIAL UNPRICED PROPOSAL
10.1 General and LNG Shipping Experience
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Bidder shall include the following information with respect to the Bidder and its LNG
shipping experience. In the event Bidder is a Consortium, the information described
below shall be submitted for each Consortium Member.
(a) General information:
(i) Details of ownership, shareholding, details of main shareholders (state,
public, private) with respective percentage participations etc. of the
Bidder, and their actual Control over Bidder and its parent companies;
(ii) Same details as above with respect to Bidder’s proposed ship manager;
(iii) In case of a Bidding Consortium, a signed copy of the Consortium
Agreement as per Section 13.3, and the power of attorney signed by all
Consortium Members, in favour of the consortium leader.
(b) LNG Shipping Experience:
(i) List of LNG vessels owned by the Bidder or its parent company(s)/
100% subsidiary company(s) at present (including any LNG vessels that
are ordered on a firm basis or under option), with details of size, delivery
date, containment, propulsion, shipyard. Bidder should indicate where
such vessels are leased, bareboat chartered to or from a third party,
owned by a joint venture or consortium and where management is
performed by them or a third party;
(ii) LNG vessels managed (at present and in the past) by Bidder’s proposed
ship manager (with details of size, delivery date, containment system,
propulsion, shipyard, and duration of management services);
(iii) Relevant extracts of the latest TMSA audit of the proposed ship manager
(as per OCIMF recommendations) evidencing a good level of
management skill in the proposed ship manager;
(iv) List of all time charter party agreements concluded over the last 5 (Five)
years with name of the relevant vessel and the charterer and the duration
of such charter;
(v) List of current and past joint venture arrangements (including names of
partners and vessels to which such joint venture arrangements apply);
and
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(vi) List of LNG new-building projects where Bidder has been responsible
for plan approval and/or site supervision (with details of size, delivery
date, containment system, propulsion and shipyard).
10.2 Project Organisation
Bidder will provide details as part of its Techno-Commercial (Unpriced) Bid with
respect to:
(a) Organisation chart giving designation, authority, disciplines, experience,
number and names of key personnel that are likely to be involved in all work
related to plan approval, building supervision, management and operation of
the Vessels, which the Bidder intends to charter; and
(b) Detailed anticipated plan approval and building supervision teams (including
relevant experience, organisation and reporting lines, number, qualifications
and curriculum vitae.
10.3 Technical Information for Proposed Vessels
Bidder will include the following information in relation to the proposed Vessels in its
Bid (separately for each Vessel):
(a) a summary of the technical description/particulars of the Vessel in the form
prescribed at Annexure 7;
(b) the guaranteed performance figures that shall be applied as performance
warranties of the relevant vessel under the Time Charter Agreement, in the
format provided in Annexure 8.
10.4 Financial Statements and Insurances
Bidder is required to include the financial and insurance details listed below in its
Techno-Commercial (Unpriced) Bid. In the event Bidder is a Consortium, such
information shall be submitted for each Consortium Member:
(a) Bidder’s audited financial statements for the last 3 (Three) financial years;
(b) Name and contact details of the guarantor(s) (that is for the Performance Bank
Guarantee and the Owners Guarantee), together with a confirmation that such
proposed guarantor(s) is (are) willing to provide the guarantee referred to in the
Proforma TCP. Any such guarantor shall be subject to the approval of GAIL;
(c) Audited financial statements of the proposed performance guarantor(s) for the
last 3 (Three) years; and
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(d) Bidder’s standard policy with respect to hull & machinery insurance, and P&I
insurance.
10.5 Ownership Structure and Financing Plan
(a) In the event of award, the Vessel shall be owned by the SPC, as required
pursuant to the Bid Documents.
(b) Bidder shall provide detailed information with respect to:
(i) The ownership structure (including details of the proposed contracting
entity) that Bidder intends to implement with respect to the each
proposed Vessel, including the proposed jurisdiction for incorporation of
the SPC;
(ii) The financing plan for the construction of the Vessel including, but not
limited to, sources of funds, debt/ equity ratio, timeframe and relevant
financial terms; and
(iii) Evidence of Bidder’s ability to secure shareholder support and external
financing as described in the financing plan by way of a Letter of
Comfort substantially in the form set forth in Annexure 15 from its
proposed banks/financial institutions. Where Bidder has not been able to
obtain such letters of comfort for finance for the Vessels by the
Submission Date, Bidder should provide GAIL with information in
relation to the progress of its financing efforts (including any
commitments or firm offers it has received from its banks). However, the
Bidder shall provide, within 2 (two) months from the Submission Date, a
letter of comfort substantially in the form set forth in Annexure 15 from
its bank / financial institution committing availability of finance for the
Vessel(s) in the event of award, failing which the Bid of the Bidder shall
be liable for rejection.
10.6 HSE and Quality Assurance
(a) Bidder shall submit Bidder’s health, safety and environment performance
records for a period of two (2) years prior to the Submission Date, including:
(i) Total number and records of fatalities, dangerous occurrences, permanent
disability accidents, lost time injury (LTI), lost time injury frequency
(LTIF), total recordable cases (TRC), first aid cases (FAC);
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(ii) Total time lost as a result of or during any such incident (on a per
incident basis and in the aggregate);
(iii) Any incidents or accidents, including spills or environmental citations,
collision, allision, grounding, stranding, other third party damages;
(iv) History of claims made to P&I Club pertaining to marine casualty and
cargo claims, or other third party liability insurer; and
(v) Record of any “near miss” incidents recorded under Bidder’s HSE
policy.
(b) Bidder shall submit the following information with respect to any LNG vessels
under control, management or ownership of Bidder and/ or Bidder’s proposed
manager:
(i) Records of any off-hire incurred during the previous 3 (Three) years; and
(ii) port state detentions of, or other violations during the previous 5 (Five)
years; and
(iii) The latest “Vessel Management and Self-Assessment 2” report submitted
to OCIMF.
(c) Bidder should be ready to provide, upon request of GAIL, further information
(including if available any root cause analysis) in connection with any of the
accidents, incidents and claims referred to above and, where relevant, a
description of any corrective and preventive actions taken as a result of such
occurrences with a view to eliminating the risk of re-occurrence.
10.7 Submission of duly signed complete tender
Bidders are required to upload, in their Techno-commercial unpriced bid, a copy of
complete Bid Document along with corrigenda, clarification(s), duly signed
(digitally), in support of their acceptance of the tender conditions.
11 PRICED PROPOSAL
11.1 Form and Content of Priced Bid
(a) Bidder’s Priced Bid for each Vessel will contain the Fixed Daily Hire Rate, the
Opex, and the escalation rate on Opex as described below.
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(b) Bidder shall strictly adhere to the format of the Schedule of Rates provided in
Annexure -9, as any modification, alteration or deviation from the format shall
be liable for rejection of the Bid.
(c) Schedule of Rate duly signed (digitally), shall be submitted in specified folder
of E- portal.
11.2 Time Charter Rate for Vessels
(a) Bidder shall offer a daily time charter rate for Vessels containing the following
elements:
(i) Fixed Daily Hire Rate: a fixed, non-escalating daily charter rate (expressed
as US$/day amount) (“Fixed Daily Hire Rate”). The Fixed Daily Hire
Rate should be provided for the Initial Charter Period (as defined in the
Proforma TCP) and any extension period(s) in accordance with the
Proforma TCP.
(ii) The operating cost element: a fixed operating cost element (expressed as
US$/day amount) (“Opex”) adjustable on a yearly basis by providing a
constant escalation factor.
11.3 Unconditional, Firm Priced Offers - Currency
(a) The prices submitted by the Bidder in its Priced Bid shall be firm and not
subject to any exchange rate fluctuations, nor any form of indexing.
(b) A conditional or suggestive Bid submitted by a Bidder shall be liable for
rejection.
(c) All prices and rates shall be submitted in United States Dollars (US$).
11.4 Cost of Vessel
In addition to the Priced Bid and the Techno-Commercial (Unpriced) Bid, the Bidder
shall in a separate sealed envelope provide the estimate of the cost of the each Vessel
under the shipbuilding contract (to be provided separately for each Vessel in the
format provided at Annexure 14). The aforesaid envelopes containing the cost of the
Vessels shall be opened at the time of the opening of the Priced Bids.
12 EQUITY OPTION
12.1 Special Purpose Company (SPC)
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Bidder shall in respect of each Vessel awarded pursuant to this tender incorporate
(prior to execution of any Time Charter) an SPC who shall assume the role of Ship
Owner in terms of TCP and inform GAIL of the shareholders of the SPC.
12.2 Equity Options
12.2.1 Equity Option for GAIL and SCI
(a) Subsequent to formation of a SPC; GAIL (or its Affiliates) through the “GAIL
Equity Option” and Shipping Corporation of India (“SCI” or its Affiliates,
such entity being the “SCI Shareholder”) through the “SCI Equity Option”
(and the GAIL Equity Option and SCI Equity Option together being the
“Equity Options”) reserves the right to step-in till delivery of the Vessels and
can acquire, at par, up to 10% (ten percent) and 26% (twenty six percent) of the
shareholding and voting rights in the SPC respectively;
(b) Each of the above Equity Options may be exercised independently (in whole or
in part) at any time prior to the delivery of Vessel by serving a notice in writing
upon Bidder and the shareholders of the SPC. In such notice, the GAIL
Shareholders and SCI Shareholders (as the case may be) shall confirm the
equity participation in the SPC.
(c) If an Equity Option is exercised, Owner shall (and shall procure that the
shareholders of the SPC shall):
(i) take all actions required to complete the transfer of the shares in such
amount and of such nature as is necessary to effect the exercise of the
Equity Option (the “Acquired Shares”), which Acquired Shares shall be
transferred free of all encumbrances; and
(ii) amend the shareholders agreement between the shareholders of the Owner
in the manner required to reflect the terms of the Proforma SHA.
(d) At any time after the transfer of the Acquired Shares, each of the GAIL
Shareholders and, as the case may be, SCI Shareholders shall (but always in
proportion to their respective shareholding in the SPC and provided other
shareholders are subject to the same obligations) make such equity
contributions to the share capital of the SPC (directly or through subordinated
shareholder loans) in accordance with any calls for such equity contributions
made by the board of directors of the SPC. The Equity Option will only be
exercised after the achievement of Financial Closure of the SPC.
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(e) Bidder shall submit as part of its Bid a draft of the shareholder agreement it
proposes to enter into with respect to the SPC. Such shareholder agreement
shall be amended to incorporate the terms of Proforma SHA provided as
attachment with Proforma TCP in the event that GAIL Sharholder(s) and/ or
SCI Shareholders(s) exercises the Equity Option.
(f) The Equity Option shall be priced at par i.e. face value of the shares as
prescribed under the shareholders agreement, without any premium or where
shares have been issued to any other shareholder at a value lower than that the
face value of the share, at such lower value.
Provided that with respect to SPCs that are providing the Vessel from an Indian
Shipyard, the Equity Option shall be deemed to have been exercised by both GAIL
and SCI (to its entire extent), upon the achievement of Financial Closure of the SPC.
Provided further that each of GAIL and SCI may within 15 (fifteen) days of the
notification of the said Financial Closure by the Company, notify to the Company the
details of their respective Affiliates who would be exercising (all or part of) such
Equity Option, failing which the entire Equity Option shall be deemed to be exercised
by GAIL and SCI respectively.
12.2.2 Equity Option for Indian Shipyard
At the time of incorporation of SPC, and subject to mutual agreement between Bidder
and the Indian Shipyard (from which the Bidder has placed an order the Vessel), the
said Indian Shipyard may acquire between 5% (five percent) to 13% (thirteen percent)
of the shareholding and voting rights in the SPC (“Shipyard Equity Option”).
However the Indian Shipyard shall not be a part of any bidding Consortium.
13 CONSORTIA
13.1 Consortium Leader & members
(a) If the Bid is submitted by a Consortium, the Bid shall include a power of
attorney executed by each Consortium Member designating and appointing the
Consortium Leader and authorising the Consortium Leader to sign the Bid on
behalf of the Consortium, and to act for and bind the Consortium in all matters
relating to this tender process and the Consortium’s Bid.
(b) The maximum number of Consortium Members, including the Consortium
Leader, shall not exceed 4 (Four) parties.
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(c) Any Bidder (whether a single entity or a Consortium Leader or a Consortium
Member) directly, or through an Affiliate, cannot submit more than one Bid.
Subsequent to the submission of the Bid, neither Consortium Leader, nor any
Consortium Members may be changed without the prior written approval of
GAIL.
(d) In the event of being successful for a Lot(s) and/ or Additional Vessel(s), the
contract shall be awarded to the Consortium. After the notification of award
and before signing of the Time Charter Agreement, the Consortium while
creating the SPC for the Vessel(s) may have a Consortium Member (other the
Consortium Leader) as largest shareholder, so long as such Consortium
Member meets the Bidder’s Eligibility Criteria as applicable to the Consortium
Leader, and the aggregate Vessels awarded to the Consortium is more than one
(1). However the Consortium Leader must continue to be largest shareholder in
at least one (1) Vessel. Further, where the Consortium Member is so designated
as the largest shareholder in any SPC, all shareholding requirements specified
herein for such SPC and all other requirements and obligations imposed on the
Consortium Leader, shall (in respect of such SPC) thereafter be applied to the
so interchanged Consortium Leader and the so interchanged Consortium
Members respectively.
The Consortium intending to do so, shall mention the same upfront in their Bid
and must furnish the following documents in their Techno-Commercial
(Unpriced) Bid in respect of such Consortium Member(s) intending to hold the
largest shareholding in a SPC:
(i) A declaration in the format specified in Annexure 16; and
(ii) Requisite documentation in support of meeting Bidder’s Eligibility
Criteria as applicable to the Consortium Leader (both technical and
financial);
(e) The Consortium Leader shall have overall responsibility for the preparation,
submission, clarification and negotiation of the Consortium’s Bid (including in
relation to coordinating the Consortium’s efforts in relation to the financing of
the acquisition of the Vessels offered by the Consortium).
13.2 Liability
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(a) If a time charter contract is awarded to a Consortium, the Consortium shall
ensure that the Consortium Members (who shall also be shareholders of the
SPC) shall cause the issue of an Owner’s Guarantee in accordance with the
terms of the Bid Documents.
(b) If the Equity Option is exercised by GAIL and/ or SCI (or deemed to be so
exercised), no such liability (as specified in (a) above) shall be extended to the
GAIL Shareholder and/ or SCI Shareholder, who shall remain severally liable
(to the extent of their equity interest) for the performance of the SPC under the
Time Charter Documents.
13.3 Consortium Agreement
(a) Bidder shall submit as part of its Bid, a signed copy of the Consortium
Agreement. GAIL may reject the Bid of any Bidder whose Consortium
Agreement does not comply with such requirements.
(b) The Consortium Agreement shall satisfy/ include, meet the following
requirements:
(i) Indicate the name of the Vessels’ manager (who meets the requirements
set out in these instructions, and the proposed registry of the Vessels);
(ii) Confirm that in the event a Consortium is qualified by GAIL on the basis
of the Consortium meeting the Eligibility Criteria and becomes the
selected Bidder, the relevant Consortium Member(s) shall constitute an
SPC. Such SPC will undertake the role of the registered owner of the
Vessel; and
(iii) The Consortium Leader shall hold the largest shareholding participation
in the Consortium with a minimum of 26 % (Twenty Six percent)
participation interest or shareholding and voting rights (as applicable) in
the Consortium and also in the SPC, and that each of the other
Consortium Member(s) shall hold a minimum of (a) 10 % (ten percent)
participation interest or shareholding and voting rights (as applicable) in
the Consortium and the SPC for Vessels from an Overseas Shipyard and
(b) 5 % (five percent) participation interest or shareholding and voting
rights (as applicable) in the Consortium and the SPC for Vessels from an
Indian Shipyard. For rest of the conditions, clause no. 5.2 of SHA may be
referred.
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The aforesaid minimum requirements relating to shareholding and voting
rights in the SPC for the Consortium Leader and the Consortium
Members shall remain unchanged upon the exercise of the Equity Option
(and/ or any deemed exercise of the Equity Option).
(iv) The Consortium Leader shall be named, and shall communicate with
GAIL on all matters relating to the obligations arising from the Bid
Documents and shall, without prejudice to Sub-Section (vi) below, make
good any shortfall in financial contributions by other members of the
Consortium until the delivery of the LNG Vessel under the Time Charter
Agreement. Provided that if GAIL Shareholders and SCI Shareholders
acquire any participation interest/ shareholding and voting rights in the
Consortium or the SPC, the Consortium Leader shall not be liable to
make good any shortfall in the financial contributions that GAIL
Shareholders and SCI Shareholders may be required to make pursuant to
acquisition of such participation interest/ shareholding and voting rights.
The Consortium Leader shall have overall responsibility for performance
of the Bidder's obligations under the Bid Documents and for liaising with
the lending institutions and mobilizing debt resources for fulfilment of
the SPC’s obligations under the Time Charter Agreement;
(v) description of the roles, responsibility and share of each of the
Consortium Members, especially with respect to plan approval,
construction supervision, ship management.
(vi) statement that the Consortium Members are jointly and severally liable
for the performance of the obligations of the Consortium until the
execution of the Time Charter Agreement by the SPC with the Charterer.
(vii) that GAIL and SCI shall have the option to acquire themselves and/or, to
nominate their Affiliates to acquire, up to 10% (ten percent) and 26%
(twenty six percent) respectively of the participation interest/
shareholding and voting rights in the SPC by way of the Equity Option in
accordance with Section 12.2.1 above.
(viii) that GAIL / SCI are not liable in any matter in discussions / relationship
with the Shipyard, each of the Consortium Members and confirm that the
Consortium Members are jointly and severally liable for the performance
of the obligations of the Consortium and SPC arising from the Bid
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Documents up to the execution of the Time Charter Agreement with the
SPC.
(ix) that the Consortium Members shall procure that the SPC shall, at all
times comply with all applicable Laws including all policies, guidelines,
regulations, circulars and directions issued by DG Shipping of India /
Ministry of Shipping with respect to crewing requirements of ships,
operation and management of the Vessel and any other matter in
connection with the Vessel.
(x) that the Vessel flag and the country of registry shall be approved by the
Charterer.
(xi) details such as the legal status of the Consortium Members, structure of
the Consortium, name of the contact person, address, telephone number,
place of and country of registration for each Consortium Member, and
the percentage shareholding of each Consortium Member.
13.4 Shareholders Agreement in respect of Vessels
(a) Bidder shall submit as part of its Bid a copy of the shareholder agreement the
Consortium Members intend to enter into. Such shareholder agreement shall
comply with the requirements of these Instructions to the Bidders. GAIL may
reject the Bid of any Bidder whose shareholder agreement does not comply
with such requirements.
(b) The shareholding of the SPC shall be owned directly, in the same proportion as
the respective interests of the Consortium Members under the Consortium
Agreement and there shall be no change in the ownership of the shares of the
SPC without the prior written consent of GAIL; provided that this restriction
shall not apply in case of exercise of the Equity Options (and/ or any deemed
exercise thereof in accordance with Section 12.2.1 above) and the Shipyard
Equity Option in accordance with Section 12.2.2 above.
(c) Prior to execution of any Time Charter Documents, the Consortium Members
shall enter into a shareholders' agreement for each SPC. Such shareholders'
agreement(s) shall comply with the same requirements as those specified for
the Consortium Agreement.
(d) The shareholders' agreements shall remain in force until the expiry of the
relevant Time Charter Documents.
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(e) The shareholders' agreements shall be approved by GAIL prior to execution of
any Time Charter Documents and there shall be no modification of or addition
to the terms of the shareholders' agreement without GAIL's prior written
consent, provided that the shareholders’ agreement shall, in the event of the
exercise of the Equity Option, be amended to reflect the terms of the Proforma
SHA.
14 EVALUATION METHODOLOGY FOR PROPOSALS
14.1 General
(a) The Bidder is required to submit all information / documents as sought in the
tender. To ensure submission of the requisite information / documents, Bidders
are required to fill up the Checklist provided in Annexure 1 and tick the boxes
provided in the Annexure 1.
(b) The Techno-Commercial (Unpriced) Bid shall be evaluated to determine
whether the Bid is substantially responsive to the requirements of the Bid
Documents.
The determination of a bid’s responsiveness by GAIL is based on the content
of the bid only. Prior to the detailed evaluation of Bids, GAIL will determine
whether each Bid:-
(a) Meets the "Bidder Eligibility Criteria" of the Bid Documents;
(b) Has been properly signed;
(c) Is accompanied by the required 'Earnest Money / Bid Security';
(d) Is substantially responsive to the requirements of the Bidding
Documents; and
(e) Provides any clarification and/or substantiation that GAIL may require
to determine responsiveness pursuant to the following.
A substantially responsive Bid is one which conforms to all the terms,
conditions and specifications of the Bidding Documents without material
deviations or reservations or omissions for this purpose GAIL defines the
foregoing terms below:
a) “Deviation” is departure from the requirement specified in the Bid
Documents.
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b) “Reservation” is the setting of limiting conditions or withholding from
complete acceptance of the requirement in the Bid Documents.
c) “Omission” is the failure to submit part or all of the information or
documentation required in the Bid Document.
A material deviation, reservation or omission is one that,
a) If accepted would,
i) Affect in any substantial way the scope, quality, or performance
of the job as specified in Bid Documents.
ii) Limit, in any substantial way, inconsistent with the Bid
Document, GAIL’s rights or the Bidder’s obligations under the
proposed Contract.
b) If rectified, would unfairly affect the competitive position of other
bidders presenting substantially responsive bids.
GAIL shall examine all aspects of the bid to confirm that all requirements have
been met without any material deviation, reservation or omission.
A Bid not satisfying such requirements shall be rejected by GAIL.
(c) To assist in the examination, evaluation and comparison of Bids, GAIL may, at
its sole discretion, seek clarifications on the Techno-Commercial (Unpriced)
Bid from Bidders. Bidders shall respond to any such request for clarifications
in writing.
(d) Subsequent to the submission of a Bid, the Bidder shall not modify any part of
its Bid, unless permitted to do so by GAIL in writing.
(e) Once quoted, Bidder shall not make any subsequent price changes, whether
resulting or arising out of any technical/ commercial clarifications sought
regarding the Bid within the scope of work, even if any deviation or exclusion
may be specifically stated in the Bid. Such price change shall render the Bid
liable for rejection.
(f) Change in price during the bid validity period would render the Bid liable for
outright rejection. GAIL reserves the right to reject any unsolicited
clarifications by a Bidder to its Bid.
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(g) The Priced Bids of only the techno-commercially acceptable Bidders (i.e.
whose Techno-Commercial (Unpriced) Bid have been found responsive) will
be opened.
(h) The Priced Bids shall be opened in the presence of authorized representative of
techno-commercially acceptable Bidders, on the date & time to be intimated
later by GAIL. The Bidder’s name, Bid price and such other details as GAIL at
its discretion may consider appropriate, will be announced at the opening of the
Priced Bid. However, the prices shall be evaluated separately by GAIL and not
in the presence of Bidders.
14.2 Evaluation Methodology
(a) GAIL intends to Charter hire LNG Vessels for transportation of LNG. Prices are
sought for 3 (three) Lots, each Lot consisting of 2 (two) Vessels from an
Overseas shipyard and 1 (one) vessel from an Indian Shipyard. In addition to
Lot(s), prices are also sought for 1 (one) Additional Vessel from Indian Shipyard
and 1 (one) Additional Vessel from Overseas Shipyard.
(b) Bidders may quote for one or more Lots. A Bid for a Lot should contain 3
(three) number of Vessels as asked for. A Lot consisting of Vessels less than
three number shall be considered incomplete and rejected. Further, a Lot which
does not consist of a Vessel from Indian Shipyard shall be rejected.
In addition to quote for Lot(s), it is mandatory for the Bidders to quote for at
least 1 (One) Additional Vessel from Indian Shipyard. The Bidder offering 2
(Two) Additional Vessels has to necessarily quote for Additional Vessel 1 from
Indian Shipyard and Additional Vessel 2 from Overseas Shipyard in accordance
with the Schedule of Rates. A Bid which does not contain quote for at least 1
(One) Additional Vessel from Indian Shipyard shall be considered incomplete
and rejected.
Bidders shall provide in terms of the Schedule of Rates, the prices for (i) Lot(s)
[as the case may be] (ii) Additional Vessel 1 from Indian Shipyard mandatorily
(iii) Additional Vessel 2 from Overseas Shipyard, as the case may be (iv)
discount (if any) for award of 2 Lots and 3 Lots, as the case may be and (v)
discount (if any) separately on each Additional Vessel, for award of 2 Additional
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Vessels (i.e. one from Indian Shipyard and the other from Overseas Shipyard) if
awarded to the same Bidder.
Bidders should quote for acceptance for award of Additional Vessel on stand-
alone basis. However, in case a Bidder is not willing to accept order only for
Additional Vessel(s) unless a Lot is awarded to them, the Bid with such
stipulation is also acceptable. Such stipulation should be made upfront in the
Techno-Commercial Unpriced Proposal. No such stipulation shall be entertained
after submission of Bid.
(c) Bids are invited based on current scenario. Presently GAIL is in the process of
selling / trading / swapping of part of its US LNG portfolio in the International
market and the final volume to be transported from US to India shall be decided
based on the outcome of this exercise which may reduce the number of Vessels
to be hired. The required number of Vessel(s) to be hired shall be decided before
opening of the price bids of all techno-commercially qualified bidders and the
bidders will be informed in this regard.
(d) Based on meeting Bidder’s Eligibility Criteria (BEC), assessment of capacity of
delivering number of vessels and compliance to other techno-commercial
requirements of the ITB, Bidders will be qualified for the number of Lot(s) OR
Additional Vessel(s) OR Lot(s) along with Additional Vessel(s) which shall be
intimated to the Bidders prior to Price Bid opening.
The Bids for number of Lot(s) and Additional Vessel(s) as quoted by the
Bidder(s) shall be evaluated in accordance with tender conditions. In case, the
Bid is found Techno-Commercially acceptable for lesser number of Lot(s)
and/or Additional Vessel(s) as against the quoted Lot(s) and Additional
Vessel(s), the price bid of such Bidder shall be evaluated for all quoted Lot(s)
and/or Additional Vessel(s). In case, the Bidder emerges lowest for more than
the Techno-Commercially qualified number of Lot(s) including Additional
Vessel(s), the selection of Lot(s) and/or Additional Vessel(s) for award shall be
limited to the qualified number of the Lot(s) including Additional Vessel(s) and
the Bidder ceases to be the lowest bidder beyond the qualified number of Lot(s)
and Additional Vessel(s). However, the award shall be finalized on overall least
cost option to GAIL as mentioned hereinafter.
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(e) The evaluation and selection of Vessel(s) shall be done in the manner specified
below:
(i) The Unit Freight Cost (“UFC”) of (a) each Lot, (b) combined Lots with
discount (if any), and (c) Additional Vessel(s) with discount (if any) will
be calculated separately, in accordance with the procedure set forth in
Annexure 10 of the ITB of tender document.
(ii) Bidders may note that Lot 1, Lot 2 and Lot 3 are identical w.r.t. no. of
Vessels and fully interchangeable. GAIL shall award charter hire contracts
by way of Lot(s), but shall award Additional Vessel(s) where the balance
requirement of vessel(s) is lower than a Lot. The award of Additional
vessels shall be made in the manner stated below:
In case one additional vessel is required, the same shall be from an Indian
Shipyard. In case two additional vessels are required, the first vessel shall
be from Indian Shipyard and the second vessel shall be from Overseas
Shipyard.
(iii) Based on required number of Vessels, all possible combinations of Lot(s)
and/ or Additional Vessel(s) including discount, if any shall be analyzed /
evaluated to arrive at overall least cost option to GAIL i.e. with minimum
financial implication to GAIL.
(f) To facilitate the evaluation and comparison, GAIL will assume, the rate for
MDO and HFO, as the rate published on www.bunkerworld.com, one day prior
to Priced Bid opening date (and if such date happens to be a day on which the
rate is not available, then the latest published rate prior to such date shall be
considered).
(g) In the price bid, the Bidder shall quote Fixed Daily Charter Rate and Opex in
whole number (i.e. without any decimal) and escalation rate on Opex (in
percentage) up to 2 decimals. Further, discount on Hire Charges, if any, shall be
quoted maximum upto 2 decimals.
(h) The evaluation of UFC shall be calculated taking into account all decimals till
the decision of lowest UFC is arrived.
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(i) To facilitate the evaluation and comparison, GAIL may convert, the currency for
various elements, if required, from US$ to Indian Rupees at Bills Selling
Exchange Rate published by State Bank of India on one day prior to price bid
opening date.
(j) GAIL reserves the right to award charter hire for any number of Lot(s) and/or
Additional Vessel(s) or not to award for any Vessel(s) or may go for re-
tendering, for any reason(s) whatsoever at its sole discretion and Bidders shall
not have any claim or seek any compensation in this regard.
15 OTHER CONDITIONS
15.1 Performance Bank Guarantee (PBG):
(a) The Vessel Owner shall, on or before execution of Charter (TCPA) and within
2 (Two) months from the date of notification of award, provide to the Charterer
an irrevocable performance guarantee as follows for each Vessel:
(i) for an amount of US$ 27 million valid up to 90 days after the delivery
of Vessel.
(ii) for an amount equal to Total Hire Charge of the Vessel for 120 days at
the rate applicable on 1st day of initial charter period valid up to 90 days
after the initial charter period.
(b) In terms of Clause 65 of the Proforma TCP, the Vessel Owner shall furnish the
above irrevocable, unconditional and first demand performance bank guarantee
in accordance with the provisions of Time Charter Agreement and strictly in
the form appearing in Appendix XII to the Proforma TCP (the “Performance
Bank Guarantee”). The Performance Bank Guarantee shall be from any
Indian Scheduled Bank or a branch of an International Bank situated in India
and registered with 'Reserve Bank of India' as Scheduled Foreign Bank.
However, in case of 'Bank Guarantee' from banks other than the Nationalized
Indian Banks, the bank must be a commercial bank having net worth in excess
of Rs. 100,00,00,000 (Rs. One Hundred Crores) and a declaration to this effect
should be made by such commercial bank either in the 'Bank Guarantee' itself
or separately on its letterhead.
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(c) In case of a Bidding Consortium, a single Performance Bank Guarantee can be
furnished either by the Consortium Leader for the entire amount or multiple
Performance Bank Guarantees by the Consortium Members (in proportion to
their shareholding in the consortium) totalling to the requisite Performance
Bank Guarantee amount.
References to “Performance Guarantee” or “Contract Performance Guarantee”
or “Performance Security” shall mean a reference to the “Performance Bank
Guarantee”.
15.2 Confidentiality
(a) Bidder agrees to keep the information exchanged or disclosed in the course of
the tender process (the “Confidential Information”) strictly confidential,
provided that Bidder may disclose Confidential Information in the following
cases:
(i) The Confidential Information is already known to the public or becomes
available to the public other than through the act or omission of Bidder;
(ii) The Confidential Information is required to be disclosed under applicable
law or by a governmental order, decree, regulation or rule (provided that
Bidder shall give written notice of such required disclosure to GAIL
prior to the disclosure);
(iii) In filings with a court or arbitral body in proceedings in which the
Confidential Information is relevant and in discovery arising out of such
proceedings; or
(iv) To any of the following persons on a need to know basis:
(A) an Affiliate of Bidder, including the employees, officers, directors
and agents thereof;
(B) professional advisers retained by a disclosing party;
(C) persons advising on, providing or considering the provision of
financing to Bidder or an Affiliate;
(b) Provided that in the events described in Sections 15.2 (a) (i) to (iv) Bidder shall
exercise due diligence to ensure that no such person shall disclose Confidential
Information other than in the circumstances authorised above.
15.3 Accuracy of Bid
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Bidder shall warrant the accuracy of any information contained in its Bid (and any part
thereof) and agrees to notify GAIL (India) Limited promptly of any changes with
respect to any information submitted as part of such Bids prior to the opening of the
Techno-Commercial (Unpriced) Bids. Failure to update GAIL on any relevant
information may lead to the disqualification of Bidder.
15.4 Discrepancies and Arithmetical errors:
Prices & numerical values shall be written both in words and figures (wherever
applicable). In the event of difference, the price (or numerical value) in words shall be
valid and binding.
Arithmetical errors will be rectified on the following basis:-
(i) If there is a discrepancy between the unit price and the total price that is
obtained by multiplying the unit price and quantity, the unit price shall prevail
and the total price will be corrected.
(ii) If there is a discrepancy between the total bid amount and the sum of total
prices, the sum of the total prices shall prevail and the total bid amount will be
corrected.
15.5 Reservation of Rights
GAIL reserves the right:
(a) to accept any of the Bids, in whole or in part, submitted in the course of this
tender process, whether or not such proposal is the lowest, and without
obligation to provide any reasons therefore or obligation to compensate in any
way whatsoever any Bidder whose proposal has not been accepted;
(b) to interrupt, suspend, modify, advance, delay, withdraw or discontinue the
tender process;
(c) to update, amend, modify or supplement, at any time during the tender process
and without prior notice to Bidder, any of the Bid Documents or the
information contained herein;
(d) to reject any or all Bids received or to disqualify any or all Bidders without
stating any cause and without any liability or obligation on the part of GAIL;
(e) not to award any contract pursuant to this tender process; and
(f) to re-issue a similar tender for the same purpose.
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15.6 Right of Acceptance and Execution of Contract
GAIL shall not be deemed to have accepted any Bid (in whole or in part) unless and
until definitive agreements are executed between GAIL (or an Affiliate of GAIL) and
the successful Bidder.
The successful Bidder will eventually be issued with a letter of award and shall be
required to enter into the Time Charter Documents with GAIL (or an Affiliate of
GAIL), subject to any mutually agreed changes thereto.
15.7 Ownership of Documents
(a) The Bid Documents remain the property of GAIL.
(b) Once submitted, Bidder’s Bid, including any and all supporting documents
submitted therewith, shall become the property of GAIL; provided that (i) any
intellectual property rights existing in the information contained in such Bid
(and specifically marked as proprietary) shall remain the property of Bidder (or
other persons or entities, as appropriate) and (ii) Bidder shall be deemed to
have licensed and authorized GAIL and its officers, employees, advisers,
consultants and agents to copy, adapt, disclose or to use, as GAIL may deem
fit, all information and material contained in the Bid.
15.8 Language
The Bid prepared by the Bidder and all correspondence/ drawings and documents
relating to the bid exchanged by Bidder and GAIL, shall be written in English
language, provided that any printed literature furnished by the Bidder may be written
in another language so long as accompanied by an English translation, in which case,
for the purpose of interpretation of the bid, the English translation shall govern.
Metric measurement system shall be applied. In the event of submission of any
document/ certificate by the Bidder in a language other than English, the English
translation of the same duly authenticated by a Chamber of Commerce of Bidder’s
country (in case of Consortium, such documents to be authenticated by a Chamber of
Commerce of the country of relevant Consortium Member) shall be submitted by the
Bidder.
Bid shall be typed or written in indelible ink and shall be signed by a person or
persons duly authorized to sign on behalf of the Bidder (as per POA). The Bid
shall contain no alterations, omissions, or additions, unless such corrections are
endorsed by the person or persons signing the Bid.
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15.9 Law, Jurisdiction & Dispute Resolution
(a) These Instructions and the tender process shall be governed by and construed
in accordance with laws of the Republic of India.
(b) Any dispute or difference arising in connection with this tender process that
cannot be resolved amicably shall be submitted to the jurisdiction of the courts
at New Delhi.
15.10 Action in case of Corrupt/ Fraudulent/ Collusive/ Coercive practices:
The Bidder is required to refer to the following documents available in GAIL’s
website (www.gailonline.com):
(i) The procedure for action in case of Corrupt/ Fraudulent/ Collusive/ Coercive
Practices containing provisions for putting a Bidder/Service Provider on
suspension and/or banning list (as the case may be) - if such an agency has
indulged in Corrupt/ Fraudulent/ Collusive/ Coercive Practices. This procedure is
also enclosed as Annexure 26 to this ITB.
(ii) Further, the Bidder accepts and certifies that they would adhere to the Fraud
Prevention Policy of GAIL and shall not indulge themselves or allow others (working
in GAIL) to indulge in fraudulent activities and that they would immediately apprise
the Owner/ GAIL/ Organization(s) of the fraud/ suspected fraud as soon as it comes to
their notice. The Fraud Prevention Policy document available on GAIL’s website
(www.gailonline.com) may be referred.
The Procedure for evaluation of performance of Bidder containing provisions for
putting a Bidder on suspension and/or holiday list (as the case may be) is enclosed as
Annexure 27.
15.11 Rejection Criteria
Notwithstanding anything contained herein, if any deviation(s) are taken to the under
mentioned provisions/ requirements of the Bid Document by the Bidder, such a Bid
shall be considered non-responsive and shall be liable for rejection:-
(i) Submission of duly executed and stamped Consortium Agreement;
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(ii) Bid validity;
(iii) Bid Security;
(iv) Schedule of Rates / Priced Bid;
(v) Period of the Time Charter Agreement;
(vi) Currency of prices in the Schedule of Rates/ Priced Bid;
(vii) Language of submission of the Bid;
(viii) Delivery window / schedule;
(ix) Guaranteed figures of the Bid Documents;
(x) Resolution of Dispute/Arbitration of the Bid Documents;
(xi) Termination of Charter / Contract;
(xii) Payment Terms;
(xiii) Taxes;
(xiv) Off-hire;
(xv) Compensation for delayed delivery;
(xvi) Applicable Laws;
(xvii) Letter of Comfort (refer clause no. 10.5 (ii) of ITB)
(xviii) Outline Specification / Scope of the Bid Documents (in each case, to the
extent that the same is a material deviation);
(xix) Integrity Pact;
(xx) Owner’s Guarantee and Performance Bank Guarantee;
In addition to the foregoing, GAIL shall also be entitled to consider a Bid as being non-
responsive and reject the same on account of:
(i) The participation of any Bidder / Consortium Leader / Consortium Member
(either directly or through any Affiliate thereof) in more than 1 (One) bidding
Consortium or as a Single Bidder, in which case all the Consortiums in which
such Consortium Leader / Member is a member and/or the Single Bidder shall
be disqualified;
(ii) An incomplete /non-responsive Bid;
(iii) Any modification to the Bid and/ or any change in Priced Bid made or sought
to be made after submission of Bid, except where requested by GAIL;
(iv) A Bidder not meeting Bidder Eligibility Criteria and Shipyard Eligibility
Criteria of the Bid Documents;
(v) The submission of conditional bids/ suggestive bids/ bids offering options;
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(vi) The non-compliance of any other condition specifically stated anywhere in the
Bid Documents
15.12 Taxes
The Charterer shall pay the total hire charges and other monies due under this charter
without any deduction of applicable withholding tax. The applicable withholding taxes
shall be considered for loading for evaluation based on the country of incorporation of
proposed SPC as declared by the bidder. In this case, applicable withholding taxes
shall be paid by the Charterer directly to the tax authorities.
In case, the Bidder (incorporated outside India) wishes to agree for deduction of
applicable withholding tax from the full amount of hire and other monies due under
this Charter, then applicable withholding taxes shall not be loaded for evaluation. In
such an event, the Charterer shall deduct applicable withholding tax from the full
amount of hire and other monies due under this Charter and shall issue requisite
certificate in this regard.
In the event, the country of incorporation / permanent establishment / business
connections of the Owner is in India or is subsequently changed to India, the payment
of hire and other amounts payable by Charterer to Owner shall be subject to
deductions of applicable withholding Taxes. Charterer shall make payments of such
amounts deducted at source directly to the relevant authorities and provide Owner
with the corresponding certificates towards withholding tax.
In the event of any taxes imposed on the owner (other than income taxes, direct taxes
and penalties due to fault of owner) of the vessel by any applicable law of any country
under the situations and the manner as mentioned in the TCP, the amount of hire and
other monies payable under this Charter shall be increased as necessary by an amount
such that the owner receives the net quoted charges after deduction of such taxes.
15.13 Agent
Bidders shall submit their Bids directly to GAIL and not through any agent /consultant
/representative /manager /associate. Bids made by agent/ Consultant/ representative/
manager/ associate will be rejected.
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ANNEXURE 1 - CHECK LIST
Part of Bid Description of Deliverable Annexure Section Check
Integrity Pact Integrity Pact 2 4.2
Offer Letter Offer Letter 3
Offer Outline Offer Outline 4 --
Techno-
Commercial
(Unpriced) Bid
1 General and LNG Shipping
Experience
10.1
1.1 General Information 10.1(a)
1.2 LNG Shipping Experience 10.1(b)
1.3 Financial Information 10.4
2 Bidder’s audited financial statements
of preceding three (3) financial years
---
2.1 Name and contact details of
proposed guarantor & confirmation
of willingness to issue guarantee
---
2.2 Proposed guarantor’s audited
financial statements of preceding
three (3) years
--
2.3 Bidder’s standard insurance policies ---
2.4 Exceptions to Proforma TCP/TPA 5 __
3 Copy of the draft Shipbuilding
Contract
9.14
4 Ownership Structure and Financing
Plan
10.5
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5 Quality Assurance 10.6
6 Project Organisation ----
Techno-
Commercial
(Unpriced) Bid
1 Technical Information Vessel
2 Vessel Particulars 7
2.1 Vessel Specifications
2.2 Vessel Plans and Drawings
2.3 Deviations to Outline Specifications 6
2.4 Guaranteed Performance Figures 8
3 Bidders Confirmation for Evaluation
of Withholding Tax
13, 13 A
4 Life cycle evaluation methodology
for each vessel
10
5 Suez Canal Charges Per Voyage 11
6 Port Call Charges 12
7 Bidders Confirmation For Evaluation
Of Withholding Tax
13
8 LNG Vessel Cost And Financing 14
9 Letter From Intended Lenders to The
Bidder
15
10 Declaration of Change of Majority
Shareholder in SPC in case of Award
16
11 Acknowledgement Cum Consent
Letter
17
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12 Chartered Accountant Certificate for
Financial Capability of the Bidder
18
13 No Deviation Confirmation 19
14 Declaration 20
15 Agreement Regarding Non-
Involvement of Any Other Entity or
Government of India
21
16 "EARNEST MONEY / BID
SECURITY” in form of Bank
Guarantee OR Letter Of Credit OR
Demand Draft
23A OR
23B OR
in form of
Demand
Draft
17 Copy of SOR format without
indicating rate but mentioning
“QUOTED” / “NOT QUOTED” at
all relevant places.
Priced Bid 1 Schedule of Rates 9
Cost of Vessel The Bidder shall provide the estimate
of the cost of the Vessel under the
shipbuilding contract.
14 11.4
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 73 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
ANNEXURE 2 – INTEGRITY PACT
INTEGRITY PACT
(To be executed on plain paper)
Between GAIL (India) Limited, a Government of India Public Sector, (here-in-after
referred to as “Principal /Owner”).
AND
_________________________(here-in-after referred to as “The Bidder/ Contractor”).
(Principal and the Bidder / Contractor / Owner are here-in-after are referred to
individually as “Party” or collectively as “Parties”).
PREAMBLE
The Principal intends to award under laid down organizational procedures, contract/s
for______________________________________________________________________
The Principal values full compliance with all relevant laws and regulations, and the principles
of economic use of resources, and of fairness and transparency in its relations with its
Bidder/s and Contractor/s.
In order to achieve these goals, the Principal co-operates with the renowned International
Non-Governmental Organisation ‘Transparency International’ (TI). Following TI’s national
and international experience, the Principal will appoint an Independent External Monitor who
will monitor the tender process, the execution of the contract etc. for compliance with the
principles mentioned above.
Section 1 – Commitments of the Principal
1. The Principal commits itself to take all measures necessary to prevent corruption and
to observe the following Principles in this regard:-
i) No employee of the Principal, either in person or through family members,
including relatives, will in connection with the tender for or the execution of a
contract, demand or accept a promise for or accept for him/herself or for a third
person, any material or immaterial benefit to which he/she is not legally
entitled.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 74 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
ii) The Principal shall, during the tender process treat all Bidders with equity. The
Principal undertakes and ensures that before and during the tender process
shall provide and share the same information to all Bidders and will not
provide to any Bidder confidential / additional information through which one
particular Bidder could take an advantage in relation to the tender process or
the contract execution.
iii) The Principal will exclude from the process all known prejudiced persons.
2. If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the Anti-Corruption Laws of India, or if there be a substantive
suspicion in this regard, the Principal will inform its Vigilance Office and in addition can
initiate disciplinary actions.
Section 2 – Commitments and Undertakings by the Bidder/Contractor
1. The Bidder / Contractor commits and undertakes to take all measures necessary to
prevent malpractices & corruption. He commits himself to observe the following principles
during his participation in the tender process and during the contract execution:
i) The Bidder / Contractor undertakes not to, directly or through any other person
or firm offer, promise or give or influence to any employee of the Principal
associated with the tender process or the execution of the contract or to any
other person on their behalf any material or immaterial benefit to which he /
she is not legally entitled in order to obtain in exchange any advantage of any
kind whatsoever during the tender process or during the execution of the
contract.
ii) The Bidder / Contractor undertakes not to enter into any undisclosed
agreement or understanding, whether formal or informal with other Bidders.
This applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non-submission of bids or any other action to restrict
competitiveness or to introduce cartelization in the bidding process.
iii) The Bidder / Contractor undertakes not to commit any offence under the
relevant Anti-corruption Laws of India. Further, the Bidder / Contractor will
not use improperly any information or document provided by the Principal as
part of the business relationship regarding plans, technical proposals and
business details, including information contained or transmitted electronically
for the purposes of competition or personal gain and will not pass the
information so acquired on to others.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 75 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
iv) The Bidder / Contractor will, when presenting his bid undertakes to disclose
any and all payments made, is committed to or intends to make to agents,
brokers or any other intermediaries in connection with the award of the
contract.
2. The Bidder / Contractor will not instigate and allure third persons / parties to commit
offences outlined above or be an accessory to such offences.
Section 3 – Disqualification from tender process and exclusion
from future contracts
If the Bidder, before the award of contract, has committed a transgression through a violation
of any provisions of Section 2 or in any other form so as to put his reliability or credibility as
Bidder into question, the Principal shall be entitled to disqualify, put on holiday or blacklist
the Bidder including from the future tender process or to terminate the contract, if already
signed, on that ground.
1. If the Bidder / Contractor has committed a transgression through a violation of any
provisions of Section 2 so as to put his reliability or credibility into question, the Principal
shall be entitled to exclude including blacklist and put on holiday the Bidder / Contractor
from entering into any GAIL future contract tender processes. The imposition and duration of
the exclusion will be determined by the severity of the transgression. The severity will be
determined by the Principal taking into consideration the full facts and circumstances of each
case particularly taking into account the number of transgressions, the position of the
transgressors within the company hierarchy of the Bidder and the amount of the damage. The
exclusion may be imposed for a minimum period of 6 months and maximum of three years.
2. A transgression is considered to have occurred if the Principal after due consideration
of the available evidence, concludes that no reasonable doubt is possible.
3. The Bidder with its free consent and without any influence agrees and undertakes to
respect and uphold the Principal’s absolute rights to resort to and impose such exclusion and
further accepts and undertakes not to challenge or question such exclusion on any ground,
including the lack of any hearing before the decision to resort to such exclusion is taken. This
undertaking is given freely and after obtaining independent legal advice.
4. Subject to the full satisfaction of the Principal, the exclusion of the Bidder / Contractor
could be revoked by Principal prematurely if the bidder / contractor can prove that he has
restored / recouped the damage caused by him and has installed a suitable corruption
prevention system in his organization.
Section 4 – Forfeiture of EMD / Security Deposits
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 76 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
1. If the Principal has disqualified the Bidder from the tender process prior to the award
in terms of Section 3, and during the execution of the contract, the Principal shall forfeit
earnest money deposit / bid security money, encash the bank guarantee including due
payments in addition to blacklisting or putting on holiday the bidder and terminating the
contract.
2. If the Principal has terminated the contract according to Section 3, or if the Principal is
entitled to terminate the contract according to Section 3, the Principal shall be entitled to
demand and recover from the Contractor liquidated damages equivalent to Earnest Money
Deposit / Security Deposit / Performance Bank Guarantee.
3. The bidder agrees and undertakes to pay the said amounts without protest or demur
subject only to condition that if the Bidder / Contractor can prove and establish that the
exclusion of the Bidder from the tender process or the termination of the contract after the
contract award has caused no damage or less damage than the amount of the liquidated
damages, the Bidder / Contractor shall compensate the Principal only to the extent of the
damage in the amount proved.
Section 5 – Previous transgression
1. The Bidder swears on oath that no previous transgression has occurred during the last
three years with any other Company in any country conforming to the TI approach or
including with any other Public Sector Enterprise / Undertaking in India that could justify his
exclusion from the tender process.
2. If the Bidder makes incorrect statement on this subject, he shall be disqualified from
the tender process or the contract, if already awarded, could be liable to be terminated on this
ground.
Section 6 – Equal treatment to all Bidders / Contractors / Subcontractors
1. The Bidder / Contractor undertakes to demand from all its sub-contractors, if any, an
undertaking and commitment in conformity with this Integrity Pact, and to submit it to the
Principal before signing of the contract.
2. The Principal will enter into agreements with similar conditions, as stipulated herein,
with all Bidders, Contractors and Subcontractors.
3. The Principal shall disqualify from the tender process all Bidders who do not sign this
Pact or violate any of its provisions.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 77 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
Section 7 – Criminal charges against violating Bidders /
Contractors / Sub-contractors
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of
an employee or a representative or an associate of a Bidder, Contractor or Subcontractor
which constitutes corruption, or if the Principal has substantive suspicion in this regard, the
Principal will inform the Vigilance Office / Department for initiating appropriate action for
above.
Section 8 –Independent External Monitor / Monitors
1. The Principal appoints competent and credible external independent Monitor for this
Pact. The task of the Monitor is to review independently and objectively, whether and to what
extent the parties comply with the obligations under this agreement.
2. The Monitor is not subject to any instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairperson of the
Board of the Principal.
3. The Contractor accepts that the Monitor has the right to access without restriction to
all Project documentation of the Principal including that provided by the Contractor. The
Contractor will also grant the Monitor, upon his request and demonstration of a valid interest,
unrestricted and unconditional access to his project documentation. The same is applicable to
Sub-contractors. The Monitor is under contractual obligation to treat the information and
documents of the Bidder / Contractor / Sub-contractor with confidentiality.
4. The Principal will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Contractor. The parties offer to the
Monitor the option to participate in such meetings.
5. As soon as the Monitor notices, or believes to notice, a violation of this agreement he
will so inform the Management of the Principal and request the Management to discontinue or
heal the violation or to take other relevant action. The monitor can in this regard submit non-
binding recommendations. Beyond this, the Monitor has no right to demand from the parties
that they act in a specific manner, refrain from action or tolerate action. However, the
Independent External Monitor shall give an opportunity to the bidder / contractor to present
its case before making its recommendations to the Principal.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 78 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
6. The Monitor will submit a written report to the Chairperson of the Board of the
Principal within 8 to 10 weeks from the date of reference or intimation to him by the
‘Principal’ and should the occasion arise, submit proposals for taking corrective measures.
7. Monitor shall be entitled to compensation by the Principal.
8. If the Monitor has reported to the Chairperson of the Board a substantiated suspicion
of an offence under relevant Anti-Corruption laws of India, and the Chairperson has not,
within reasonable time, taken visible action to proceed against such offence or reported it to
the Vigilance Office, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner, Government of India.
9. The word ‘Monitor’ would include both singular and plural.
10. Independent External Monitor shall be required to maintain confidentiality of the
information acquired and gathered during their tenure / role as Independent Monitor. Any
breach in this regard would be subject to the legal judicial system of India.
11. The Independent External Monitors shall be responsible to oversee the implementation
of Integrity Pact Program to prevent corruption, bribes or any other unethical practices in the
GAIL. However, Monitor(s) shall be personally and severally be liable for any action or suit
brought by Bidder / Contractor / against the Monitor, in case the findings of Independent
Monitor is / are found incorrect or biased or prejudiced.
12. Independent External Monitor(s) shall be required to furnish an Undertaking and shall
disclose before taking any assignment that he / she has no interest in the matter or connected
with the party (bidder / contractor) in any manner.
Section 9 – Pact Duration
The provisions of this Pact shall come into effect from the date of signing of this Pact by the
both parties. It expires for the Contractor 12 months after the last payment under the
respective contract, and for all other Bidders 6 months after the contract has been awarded.
If any claim is made / lodged by either party during this time, the same shall be binding and
continue to be valid despite the lapse of this pact as specified above, unless it is
discharged/determined by the Chairperson of the Principal.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 79 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
Section 10 – Miscelleneous provisions
1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi. The Arbitration clause provided in main
tender document / contract shall not be applicable for any issue / dispute arising under
Integrity Pact.
2. Changes and supplements as well as termination notices, if any, need to be made in
writing. Side agreements have not been made.
3. If the Contractor / Bidder is a partnership concern or a consortium, this agreement
must be signed by all partners or consortium members.
4. In case any or several of the provisions of this agreement turn out to be void, the
remainder of this pact shall remain valid. The parties to this pact however, shall strive to come
to an agreement to their original intentions in such a case.
------------------------------------------- -----------------------------------------------
(Name & Designation) (Name & Designation)
For the Principal For the Bidder/Contractor
Place ------------------------------------ Witness 1: -----------------------------
Date ----------------------------------- Witness 2: -----------------------------
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 80 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
ANNEXURE 3 – OFFER LETTER
[On Bidder’s Letterhead]
Date: __________
To
GAIL (India) Limited
16, Bhikaiji Cama Place, R.K.Puram,
New Delhi – 110066
India
Sub: TENDER NO. GAIL/ND/BD/C&P/S123/8000008476 for Time Charter Hiring of
LNG Vessels (E-TENDER NO. 8000008476)
Dear Sir,
We refer to the Tender no. GAIL/ND/BD/C&P/S123/8000008476, E-Tender No. 8000008476
dated 15th
September 2015, its subsequent corrigendum, amendments, and clarifications
(collectively the “Invitation to Bidder”), and having duly examined the same, we are pleased
to submit herewith our Offer against the subject Tender.
We confirm that our Bid is firm, unconditional and the rates quoted in this Bid shall not be
subject to any variation or fluctuation.
This Bid is governed by Indian law and shall remain valid for a period of 6 (six) months from
the due date of bid submission, subject to any extensions required by GAIL in accordance
with the said tender.
Until the execution of a binding time charter agreement pursuant to the tender, our Bid
together with your written acceptance thereof in your notification of award, shall constitute a
binding contract between us.
We understand that you are not bound to accept the lowest or any Bid that you may receive.
_____________
(Authorised Signatory)
Name:
Designation:
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 81 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
ANNEXURE 4 – OFFER OUTLINE
Sub: TENDER NO. GAIL/ND/BD/C&P/S123/8000008476 for Time Charter Hiring of
LNG Vessels (E-TENDER NO. 8000008476)
Capitalised terms not defined in this Annexure are defined in the “Instructions for Submission
of Bid for the Chartering of LNG Vessels to GAIL (India) Limited”.
Query Bidder’s Reply/ Confirmation
Whether the Bid has been
submitted by a Single Bidder
or a Consortium
In case of a Consortium,
indicate the name of
Consortium Leader and the
other Consortium Members
Consortium Leader:
Consortium Members:
1. ….
2. ….
3. ….
Name, designation and full
contact details of Authorised
Representative of the Single
Bidder/ Consortium
Complete Name and
Address of the proposed ship
manager
Proposed Guarantor(s)
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 82 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
Vessels offered for Lot 1 Yes/ No
Lot 2 Yes/ No
Lot 3 Yes/ No
Additional Vessel 1 from
Indian Shipyard
Yes
Both Additional Vessels (i.e
Additional Vessel 1 from
Indian Shipyard and
Additional Vessel 2 from
Overseas Shipyard)
Yes/ No
Bidder is willing to accept
order for Additional Vessel 1
without a Lot being awarded
to them
Yes/ No
Bidder is willing to accept
order for Additional Vessel 2
without a Lot being awarded
to them
Yes/ No
Bidder is willing to accept
order for both Additional
Vessels without a Lot being
awarded to them
Yes/ No
Note: Please tick as appropriate
Tender Fee Details Demand Draft No. _____________
Earnest Money Deposit/ Bid
Security Details
If for one (1) Lot &
Additional Vessel(s)
If for more than one (1) Lot
& Additional Vessel(s)
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 83 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
Note: Please tick as appropriate
No Modification of Bid
Documents:
Bidder to confirm that the
contents of the Bid
Documents have not been
modified or altered by the
Bidder.
Submission of True &
Genuine information:
Bidder to confirm that all
documents submitted as a
part of the Bid, and all
confirmations and
information provided in the
Bid by the Bidders are true
and genuine.
No banning:
Bidders to confirm whether
it or any of its Consortium
Members (if applicable)
have been banned, de-listed,
or blacklisted, or put on
holiday list by any
Government, or quasi-
government agencies, or
public sector undertakings /
PMCs of GAIL. If so, please
provide details of the same.
No Liquidation:
Bidders to confirm that it, or
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 84 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
any of its Consortium
Members (if applicable), are
not under any liquidation,
bankruptcy, any court
receivership or other similar
proceedings.
No Relation:
Bidders to confirm that none
of its directors is a relative
of any director of GAIL or
the Bidder is firm in which
none of the directors of
GAIL or his relative are
partners.
Compliance with Bid
Documents:
Bidder to confirm that its
Bid complies in all respects
with the requirements of the
Bid Documents, save for any
specific exception/
deviations as per Annexure 5
(Deviations to Proforma
TCP/ Proforma TPA, as
applicable) and Annexure 6
(Deviations to Outline
Specifications), if any.
Bidders Eligibility Criteria
& Shipyard eligibility
criteria
Please confirm that all
requisite documents as per
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Page 85 of 180
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476
the requirements of the ITB
have been duly submitted.
Checklist
In addition to the foregoing,
please confirm that all
documents as per the
Checklist in Annexure – I,
have been duly submitted.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 86 of 180
ANNEXURE 5 – DEVIATION STATEMENT PROFORMA TCP/TPA
Sub: TENDER NO. GAIL/ND/BD/C&P/S123/8000008476 for Time Charter Hiring of LNG Vessels (E-TENDER NO. 8000008476)
GAIL expects Bids to be submitted in conformance with the tender conditions and without stipulating any deviations/ exceptions. If unavoidable/
essential, such deviations shall be made strictly as per the format prescribed hereunder.
Serial No. Reference No. of the
Clause of the
Proforma TCP/ TPA
Subject/ heading of the Clause Proposed Exception or Modification
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 87 of 180
ANNEXURE 6 – DEVIATION STATEMENT OUTLINE SPECIFICATIONS
GAIL expects Bids to be submitted in conformance with the outline specifications and without stipulating any deviations/ exceptions. If
unavoidable/ essential, such deviations shall be made strictly as per the format prescribed hereunder.
Serial No. Reference No. of the
provision of the
Outline
Specifications
Subject/ heading of the
provision
Proposed Exception or Modification
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 88 of 180
ANNEXURE 7 – VESSEL PARTICULARS
VESSEL PARTICULARS – VESSEL ID …………(for Vessel ID, refer Annexure 29)
Containment System
Propulsion System
Shipyard of origin/ construction
Length overall _________m
Length between perpendiculars _________m
Breadth (Moulded) _________m
Depth (Moulded) _________m
Draught Moulded Design _________m
Draught Moulded Scantling _________m
Air draught _________ m
Displacement _________ tonnes
Deadweight _________tonnes @ _________ m (design draft)
GRT _________ UMS
NRT _________ UMS
Light ship weight _________tonnes
Cargo Capacity @ 100% _________m3
Stores and Water _________tonnes loaded at departure condition
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 89 of 180
ANNEXURE 8 – GUARANTEED PERFORMANCE FIGURES
(Separate Annexure to be submitted for each Vessel)
VESSEL PARTICULARS – VESSEL ID …………(for Vessel ID, refer Annexure 29)
VESSEL Include reference to description of vessel
type
CARGO CAPACITY (CBM)
LOADING CAPACITY (CBM) (not less
than 98.5%)
DESIGN SPEED 19.5 kts not including 21% sea margin
GUARANTEED PUMPING RATE
(Discharging):
GUARANTEED LOADING FLOW RATE:
UN-PUMPABLE QUANTITY (CBM)
ARRIVAL LOAD PORT QUANTITY
(CBM)
BALLASTING TIME (HOURS):
DEBALLASTING TIME (HOURS):
GUARANTEED BOIL-OFF
Boil-Off Rate of the Vessel (loaded)
(guaranteed)
_________%/day @ Sea/Air temp. 32/45 0C
(not to exceed 0.11%/day @ Sea/Air temp.
32/45 0C for Vessels from an Overseas
Shipyard, and 0.14%/day @ Sea/Air temp.
32/45 0C for Vessels from an Indian
Shipyard).
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 90 of 180
Note: The shipbuilding contract with the
Indian Shipyard for the Vessel, shall
notwithstanding the above, be required to
prescribe a Boil-Off Rate of the Vessel
(loaded) (guaranteed), that does not exceed
0.11%/day @ Sea/Air temp. 32/45 0C.
Boil-Off Rate of the Vessel (ballast)
(guaranteed)
_________%/day @ Sea/Air temp. 32/45 0C
(not to exceed 0.11%/day @ Sea/Air temp.
32/45 0C for Vessels from an Overseas
Shipyard and 0.14%/day @ Sea/Air temp.
32/45 0C for Vessels from an Indian
Shipyard)
Note: The shipbuilding contract with the
Indian Shipyard for the Vessel, shall
notwithstanding the above, be required to
prescribe a Boil-Off Rate of the Vessel
(ballast) (guaranteed), that does not exceed
0.11%/day @ Sea/Air temp. 32/45 0C
MINIMUM HEEL LNG VOLUME (HV)
(CBM)
(As required for cool down prior to Loading
Operations, assuming cool down operation
from the Vessel such that the Vessel is ready
to load at the Loading Port)
GUARANTEED FUEL CONSUMPTION (In Gas Fuel Mode only)
The fuel consumption in this table are based on the following lower calorific heat values:
LNG LCV LNG Base 55.00 MJ/kg
MDO LCV MDO Base 42.70 MJ/kg HFO (In equivalents of
HFO at IFO 380)
LCV HFO Base 40.59 MJ/kg
Fuel Consumption Table A: Guaranteed Fuel Consumption excluding MDO for pilot fuel
For TFDE / STEAM / SSGI
*Delete whichever is not applicable
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 91 of 180
Speed
(kts)
Guaranteed Fuel Consumption excluding MDO for pilot fuel
Laden Ballast
Max. average daily fuel consumption
(MT)
Max. average daily fuel consumption
(MT)
HFO (MT/ Day) LNG (MT/ Day) HFO (MT/ Day) LNG (MT/
Day)
As computed on stand
alone basis (i.e. liquid
fuel mode)
As computed on
stand alone basis
(i.e. gas fuel
mode)*
As computed on stand
alone basis (i.e. liquid
fuel mode)
As computed
on stand alone
basis (i.e. gas
fuel mode)*
20.5
20.0
19.5
19.0
18.5
18.0
17.5
17.0
16.5
16.0
15.5
15.0
14.5
14.0
13.5
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 92 of 180
13.0
12.5
12.0
11.5
11.0
10.0
9.0
8.0
7.0
6.0
At loading port
(including all gas
compressor
running at full
capacity)
At discharge port
(including all gas
compressor and
cargo pumps
running at full
capacity)
Awaiting at
anchorage
Drifting
Inerting all tanks
Gas freeing all
tanks
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 93 of 180
*Amounts quoted should be independent of (and excluding) amounts of HFO quoted in Table C for
Vessels with SSGI propulsion system.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 94 of 180
Fuel Consumption Table B:Guaranteed Fuel Consumption of MDO (as pilot fuel)
Note: Applicable only where the Vessel is offered with TFDE/ SSGI propulsion.
Speed
(kts)
Laden Ballast
Max. average daily fuel consumption
(MT)
Max. average daily fuel consumption
(MT)
Gas Fuel Mode Liquid Fuel Mode Gas Fuel Mode Liquid Fuel Mode
20.5
20.0
19.5
19.0
18.5
18.0
17.5
17.0
16.5
16.0
15.5
15.0
14.5
14.0
13.5
13.0
12.5
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 95 of 180
12.0
11.5
11.0
10.0
9.0
8.0
7.0
6.0
At loading port
(including all gas
compressor
running at full
capacity)
At discharge port
(including all
cargo pumps and
gas compressor
running at full
capacity)
Awaiting at
anchorage
Drifting
Inerting all tanks
Gas freeing all
tanks
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 96 of 180
Fuel Consumption Table C – HFO* (In Gas Fuel Mode only)
Calculation of HFO is on the basis of IFO 380
For SSGI system Only
Please delete if details are being provided for Steam/TFDE Propulsion
Laden Ballast
Speed
(knots)
Maximum average
daily fuel consumption (in
ton/day)
Speed
(knots)
Maximum average
daily fuel consumption (in
ton/day)
HFO HFO
20.5 20.5
20.0 20.0
19.5 19.5
19.0 19.0
18.5 18.5
18.0 18.0
17.5 17.5
17.0 17.0
16.5 16.5
16.0 16.0
15.5 15.5
15.0 15.0
14.5 14.5
14.0 14.0
13.5 13.5
13.0 13.0
12.5 12.5
12.0 12.0
11.5 11.5
11.0 11.0
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 97 of 180
10.0 10.0
9.0 9.0
8.0 8.0
7.0 7.0
6.0 6.0
At loading
port
(including all
gas
compressor
running at
full capacity)
At discharge
port
(including all
gas
compressor
and cargo
pumps
running at
full capacity)
Awaiting at
Anchorage
Drifting
Inerting all
tanks
Gas freeing
all tanks
*Amount of HFO to be consumed, over and above the maximum amount of LNG consumed
at that particular speed
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 98 of 180
ANNEXURE 9 –SCHEDULE OF RATES
Tender No : GAIL/ND/BD/C&P/S123/8000008476) (E-TENDER NO. 8000008476)
Name of Bidder :
SCHEDULE OF RATES FOR HIRING OF LNG VESSELS
Quoted
for Lot
Vessel
ID
Capacity
in cubic
meter
Fixed Daily Hire Rate
(Amount in US$ / day)
Opex
(Amount in US$ / day)
Escalation rate per annum on
Opex
(in % )
(in figures) (in words) (in figures) (in words)
Lot 1
Vessel 1 In figures:
In words:
Vessel 2 In figures:
In words:
Vessel 3* In figures:
In words:
* Vessel from the Indian Shipyard
The Bidders are required to quote Fixed Daily Hire Rate and Opex in whole number (i.e. without any decimal) and escalation rate on Opex (in percentage) up to 2
(two) decimals.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 99 of 180
SCHEDULE OF RATES FOR HIRING OF LNG VESSELS
Quoted
for Lot
Vessel
ID
Capacity
in cubic
meter
Fixed Daily Hire Rate
(Amount in US$ / day)
Opex
(Amount in US$ / day)
Escalation rate per annum on
Opex (in % )
(in figures) (in words) (in figures) (in words)
Lot 2
Vessel 4 In figures
In words:
Vessel 5 In figures:
In words:
Vessel 6* In figures:
In words:
* Vessel from the Indian Shipyard
The Bidders are required to quote Fixed Daily Hire Rate and Opex in whole number (i.e. without any decimal) and escalation rate on Opex (in percentage) up to 2
(two) decimals.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 100 of 180
SCHEDULE OF RATES FOR HIRING OF LNG VESSELS
Quoted
for Lot
Vessel
ID
Capacity
in cubic
meter
Fixed Daily Hire Rate
(Amount in US$ / day)
Opex
(Amount in US$ / day)
Escalation rate per annum on
Opex
(in % )
(in figures) (in words) (in figures) (in words)
Lot 3
Vessel 7 In figures:
In words:
Vessel 8 In figures:
In words:
Vessel 9* In figures:
In words:
* Vessel from the Indian Shipyard
The Bidders are required to quote Fixed Daily Hire Rate and Opex in whole number (i.e. without any decimal) and escalation rate on Opex (in percentage) up to 2
(two) decimals.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
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SCHEDULE OF DISCOUNT OFFERED FOR 2 LOTS AND 3 LOTS
Percentage of Discount
(in figures) (in words)
**Discount (in percentage) offered on Total Hire Charges on each
Vessel of two Lots, if considered for award for two Lots
**Discount (in percentage) offered on Total Hire Charges on each
Vessel of three Lots, if considered for award for three Lots
Note : (i) ** Discount, if any, is to be given on Total Hire Charges i.e. Fixed Daily Hire Rate plus Opex (excluding escalation on
Opex).
(ii) Discount if any, shall be quoted maximum upto 2 (two) decimals only and shall be a positive number.
(iii) Discount shall be quoted uniformly across all Vessels in the said two Lots or three Lots (as the case may be).
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 102 of 180
SCHEDULE OF RATES FOR FIRST ADDITIONAL VESSEL FROM INDIAN SHIPYARD
Vessel ID C
apac
ity i
n c
ubic
met
er
Fixed Daily Hire Rate
(Amount in US$ / day)
Opex
(Amount in US$ / day)
Escalation rate per annum
on Opex
(in % )
(in figures)
(in words)
(in figures)
(in words)
Addi-
tional
Vessel
1
Vessel 10
In figures:
In words:
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 103 of 180
SCHEDULE OF RATES FOR ADDITIONAL VESSEL FROM OVERSEAS SHIPYARD
Vessel ID
Cap
acit
y i
n
cubic
met
er Fixed Daily Hire Rate
(Amount in US$ / day)
Opex
(Amount in US$ / day)
Escalation rate per
annum on Opex
(in % )
(in figures)
(in words)
(in figures)
(in figures)
Additional
Vessel 2 Vessel 11 In figures:
In words:
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 104 of 180
SCHEDULE OF DISCOUNT OFFERED FOR ADDITIONAL VESSELS
Percentage of Discount
(in figures) (in words)
**Discount (in percentage) offered on Total Hire Charges on
Additional Vessel 1 (from Indian Shipyard) if both Additional
Vessels are awarded to the same Bidder
**Discount (in percentage) offered on Total Hire Charges on
Additional Vessel 2 (from Overseas Shipyard) if both Additional
Vessels are awarded to the same Bidder
Note : (i) ** Discount, if any, is to be given on Fixed Daily Hire Rate plus Opex (excluding escalation on Opex) of the Hire Charge.
(ii) Discount if any, shall be quoted maximum upto 2 (two) decimals only and shall be a positive number.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 105 of 180
General Note to Annexure 9 (SOR):
(i) The Bidders are required to submit their prices strictly in the above Schedule of Rates (SOR), failing which the Bid shall be liable for
rejection.
(ii) Bidders are required to carefully read the Evaluation Methodology and other provisions of the Bid Document and
Corrigenda/Clarification(s), if any before filling up the SOR.
(iii) Bidder has to mandatorily quote for at least One (1) Lot and Additional Vessel 1 from Indian Shipyard. The Bidder Offering Two
Additional Vessels has to quote for the Additional Vessel 1 from Indian Shipyard and Additional Vessel 2 from Overseas Shipyard.
(iv) The Bidders are required to quote Fixed Daily Hire Rate and Opex in whole number (i.e. without any decimal) and escalation rate on Opex
(in percentage) up to 2 (two) decimals. Further, discount if any, shall be quoted in percentage upto 2 (two) decimals.
(v) In case, the schedule of discount is left blank by the Bidder, the discount offered shall be considered as NIL.
(vi) Bidders may offer discount (if any) for Two Lots, Three Lots and Additional LNG Vessels (i.e. if both Additional Vessels are awarded to
same bidder) only at the relevant Table in the SOR provided above. Discount offered at any other place in the Bid shall not be considered
for evaluation of Bid. However, in the event of the Bidder emerging as the successful Bidder, such discount offered by the Bidder shall
also be taken into account in deciding Total Hire Charges of the Contract / Charter for award and same shall be final and binding on the
Bidder.
(vii) In case, it is observed that any of the bidder(s) has/have offered suo-moto Discount/Rebate after opening of unpriced bid but before
opening of price bids such discount /rebate(s) shall not be considered for evaluation. However, in the event of the bidder emerging as the
successful bidder without considering such discount/rebate(s), then such discount/rebate(s) offered by the bidder shall be considered for
Award of Work and the same will be conclusive and binding on the bidder.
(viii) In case of discrepancy between rates quoted in words and figures, the rate quoted in words shall prevail.
(ix) The Schedule of Rates should contain only the prices and no technical / commercial stipulations, as no cognizance shall be given to such
stipulations.
SIGNATURE:
NAME:
SEAL:
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 106 of 180
ANNEXURE 10 - LIFE CYCLE EVALUATION METHODOLOGY
BASIS:
(i) This annexure describes the criteria and methodology for evaluation of the Priced Bids and
the parameters that will be considered for evaluating and comparing the Priced Bids under
the Schedule of Rates submitted by the Bidders. To ensure a uniform and objective
evaluation and ranking of Priced Bids, the Bidders shall quote the cost elements including
the Fixed Daily Hire Rate, Opex, and the escalation on the Opex and other parameters
strictly as per the Bid Document.
(ii) For evaluation and selection of Vessel(s), the Unit Freight Cost (UFC) of Lot(s) and
Additional Vessel(s) shall be evaluated in accordance with Section 14.2 (e) of ITB. The
calculation of UFC shall be made in the manner specified hereinafter.
(iii) For the purpose of evaluation only, the following shall be considered:
(a) Initial Charter Period / life cycle for the Vessels from Overseas Shipyard as 19.5
years and for Vessels from Indian Shipyard as 16 years; and
(b) Out of 19.5 years for overseas Shipyard, first 19 years of the Initial Charter Period or
life cycle shall be a complete year comprising of 365 days and for remaining 0.5
years, 183 days shall be considered.
(c) Similarly, for the Vessels from Indian Shipyard, 16 years shall be the Initial Charter
Period or life cycle and each year shall be a complete year comprising of 365 days.
(iv) Aggregate life cycle cost ("LC") of the Vessel and the units of energy transported by the
Vessel in the life cycle will be calculated independently to arrive at the per unit energy
transportation cost to the Charterer.
(v) LC is the present value of the total cost outflow ("Total Cost") to GAIL in USD for the
Initial Charter Period. The Total Cost shall comprise:
(i) Total Hire Charges
(ii) Total Boil-Off Cost
(iii) Total Marine Diesel Oil Cost
(iv) Total Heavy Fuel Oil Cost
(v) Canal Charges
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
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(vi) Port Call Charges
(vii) Withholding Taxes on Total Hire Charges, if applicable (refer clause below)
The above costs shall be calculated for the offered Vessel for each Year of the Initial Charter
Period, which will be summed up to arrive at the Total Cost for the Initial Charter Period.
1. ELEMENTS OF TOTAL COST
(i) Total Hire Charges
Total Hire Charges shall comprise of :
(a) Fixed Daily Hire Rate
Fixed Daily Hire Rate shall be in USD /day. The quoted Fixed Daily Hire Rate shall
remain constant for the Initial Charter Period and shall not vary from year to year during
the Initial Charter Period.
(b) Opex
Opex shall be in USD / day. A rate of escalation as quoted by Bidder in Annexure 9
shall be applied on Opex each Year from third Year onwards (i.e. no escalation shall be
considered for Year 1 and Year 2. Rate of escalation shall be considered from Year 3
onwards till the end of Initial Charter Period for Vessel from Overseas Shipyard and
Indian Shipyard, as the case may be).
(ii) Total Boil Off Cost
The Total Boil Off Cost is divided into two components:
1. The Natural Boil Off Cost:
It is the cost of LNG, which is boiled off during the Voyage period. Bidders shall quote
the maximum Boil-Off as a daily percentage of the Vessel’s Capacity during laden,
ballast and anchorage condition separately as provided by the Bidder in the annexure
provided in the Bid Document.
2. Forced Boil-Off Cost
Any quantity of LNG consumed above the natural boil off consumption is considered as
Forced Boil Off. The forced boil off consumption is based on consumption of LNG when
the natural boil off insufficient to meet the speed and power requirement of the vessel.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 108 of 180
Bidders shall quote the maximum daily LNG consumption (in gas fuel mode only) as per
Annexure 8 provided in the Bid Document.
(iii) Total Heavy Fuel Oil Cost
Summation of HFO cost at different speeds, anchorage and port operation.
(iv) Total Marine Diesel Oil Cost
Summation of MDO cost at different speeds, anchorage and port operation.
(v) Canal Charges
Canal Charges for the Suez Canal for the Voyage shall be considered. For the purpose of
evaluation, GAIL will consider number of Voyages per annum as mentioned in Table at Sl.
no. 10 below. The Canal Charges shall be as specified in Annexure 11.
(vi) Port Call Charges
Port Call Charges shall be the sum of Port Call Charges for the loading and discharge ports.
For the purpose of evaluation, GAIL will consider number of Voyages per annum as
mentioned in table at Sl. no. 10 below. The applicable Port Call Charge shall be as specified
in Annexure 12.
(vii) Withholding Tax
The applicable Withholding Tax shall be taken into consideration depending upon the
Country of Incorporation of proposed SPC. In case, the SPC is proposed to be incorporated
in a Country other than India, the applicable Withholding Tax shall be considered for the
purpose of calculation of Total Cost. In case, the SPC is proposed to be incorporated in
India or has permanent establishment / business connection in India, Withholding Tax shall
not be considered for the purpose of calculation of Total Cost and payment shall be released
after deducting applicable taxes.
For the purpose of calculation of Withholding Tax, Bidder will be required to indicate the
Country of Incorporation and submit requisite confirmation as sought in Annexure provided
in the tender document, failing which GAIL will determine Withholding Tax based on the
information/confirmation available.
In case, the Bidder (incorporated outside India) wishes to agree for deduction of applicable
withholding tax from the full amount of hire and other monies due under this Charter, then
applicable withholding taxes shall not be loaded for evaluation. In such an event, the
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 109 of 180
Charterer shall deduct applicable withholding tax from the full amount of hire and other
monies due under this Charter and shall issue requisite certificate in this regard.
2. ASSUMPTIONS FOR LIFE CYCLE COST
The following assumptions shall be considered for calculating life cycle cost of a Vessel and
hence Levelized Unit Freight Cost (UFC) in USD / MMBTU.
Sl. no. Parameter Value
1 Discounting rate Ten percent (10%) per annum
2 Boil Off (LNG) Cost
(LNGp)
US $ 10/MMBTU
3 Heavy Fuel Oil cost(Fp) Heavy Fuel Oil buying rate available on website
www.bunkerworld.com for Fujairah, on one day prior to
the Priced Bid opening date and if such date happens to
be a day on which the rate is not available, then the
latest published rate prior to such date shall be
considered
4 Marine Diesel Oil cost (Dp) Marine Diesel Oil buying rate available on website
www.bunkerworld.com, on one day prior to the Priced
Bid opening date and if such date happens to be a day on
which the rate is not available, then the latest published
rate prior to such date shall be considered.
5 Time taken for ballast
Voyage (TT1)
Time taken for laden
Voyage (TT2)
Time taken for anchorage
(TTa)
Time taken for port
operation
(TTp)
Total Time Taken (TT) = TT1+TT2+ TTa+ TTp
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 110 of 180
For the purposes mentioned above, Voyage shall mean the round trip of the Vessel (including
time at harbours, loading terminal, discharge terminal, channelling, Suez Canal) between a
loading terminal and a discharge terminal. The profile of a typical Voyage has been provided in
Table at Sl. no. 10 below.
3. METHODOLOGY FOR COMPUTING TOTAL COST
3.1. The Total Hire Charges (THCn) in nth
year of operation shall be as follows:
where
FDHRn = Fixed Daily Hire Rate for Vessel in the nth year of operation
OPn = Opex for Vessel in the nth year of operation
and shall comprise of:
(a) Fixed Daily Hire Rate
Fixed Daily Hire Rate for Vessel in nth year of operation (FDHRn)
Where
FDHR = Fixed Daily Hire Rate in USD/day as quoted at Annexure 9 by the Bidder
Dn = Days of operation for Vessel in nth year (as specified in Table at Sl. no. 10 below as
applicable for TFDE/Steam LNG Vessel.
(b) Opex
Opex in nth year of operation for Vessel (OPn)
6 Calorific value of LNG in
MMBTU/Tonne (CLNG)
52
7 Density of LNG in Tonne
per m3 (DLNG)
0.430
GAIL (India) Limited
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Instructions to Bidders
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Where
OP = Opex per day in USD/day as quoted at Annexure 9 by the Bidder
Dn = Days of operation for Vessel in nth year (as specified in Table at Sl. no. 10 below as
applicable for TFDE/Steam / SSGI LNG Vessel.
EF = Escalation Factor i.e. escalation rate per annum on Opex in % as quoted at Annexure 9 by
the Bidder
x = It shall be one (1) in the first and second Year and then increase by one (1) for each
subsequent Year
3.2. Total Boil Off Cost during nth year of operation (CBOT)
1. Total Natural Boil Off Cost during nth year of operation (NBOT)
This section evaluates the cost of Natural Boil Off generated by the Vessel.
Where
NBOTn= Computation of Natural Boil Off cost for Vessel during nth year
(( (
)) ( (
)))
BOB = Guaranteed Boil-Off as % per day of Vessel’s Capacity during ballast condition (refer
Annexure 8)
BOL = Guaranteed Boil-Off as % per day of Vessel’s Capacity during laden condition
(refer Annexure 8)
CAP = Cargo Capacity of Vessel in m3
(refer Annexure 8)
CLNG = Calorific value of LNG in MMBTU/Tonne (refer Table at Sl. No 2)
DLNG = Density of LNG in Tonne per m3 (refer Table at Sl. No 2)
LNGp = Cost of Boil Off gas in USD / MMBTU (refer Table at Sl. No 2)
TT1n = Time taken for ballast Voyage by Vessel during nth year (refer Table at Sl. No 10)
TT2n = Time taken for laden Voyage by Vessel during nth year (refer Table at Sl. No 10)
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 112 of 180
TTan = Time taken by Vessel at anchorage during nth year (refer Table at Sl. No 10)
2. Total Forced Boil-Off Cost during nth year of operation (TFBOCn)
This section evaluates the Total Forced Boil-Off consumption when the natural boil off is
insufficient to meet the required fuel consumption at that speed.
Forced Boil Off Consumption
For calculation of Forced Boil Off consumption at different speeds and anchorage:
( ( )) ballast
voyage)
( ) (laden voyage)
(In case FBOBi or FBOLi, is less than zero, it shall be deemed to be zero)
For calculation of LNG Consumption at loading port and discharge port:
Where
FBBi = Natural Gas consumption per day at different speeds and anchorage as provided by
Bidder at Annexure-8 (for ballast voyage)
FBLi = Natural Gas consumption per day at a different speeds and anchorage as provided by
Bidder at Annexure-8 (for laden voyage)
FBPi = Natural Gas consumption per day at loading port and discharge port provided by Bidder
at Annexure-8
TT1i = Time taken by the Vessel at different speeds and anchorage (for ballast voyage) (Ref
Table at S. No. 10)
TT2i = Time taken by the Vessel at different speeds and anchorage (for laden voyage) (Ref
Table at S. No. 10)
TTpi = Time taken by the Vessel at loading port and discharge port (Ref Table at S. No. 10)
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 113 of 180
∑ ∑ ∑
Total Boil Off Cost (CBOT) = NBOTn +
Where
TFBOCn = Summation of cost of Forced Boil Off consumed at various speeds ,loading and
discharge port.
VFBOCn = Summation of volume of LNG consumed during Forced Boil Off and port
operation.
3.3. Total Heavy Fuel Oil Cost (FOCn)
For calculation of cost of HFO consumption at different speeds and anchorage:
For calculation of HFO cost at loading port and discharge port:
Where
FCBi = Heavy Fuel Oil consumption per day at different speeds and anchorage provided by
Bidder at Annexure-8 (for ballast voyage)
FCLi = Heavy Fuel Oil Oil consumption per day at different speeds and anchorage provided by
Bidder at Annexure-8 (for laden voyage)
FCPi = Heavy Fuel Oil Oil consumption per day at loading & discharge port provided by Bidder
at Annexure-8
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 114 of 180
TT1i = Time taken by the Vessel at different speeds and anchorage (Ref Table at S. No. 10)
TT2i = Time taken by the Vessel at different speeds and anchorage (Ref Table at S. No. 10)
TTpi = Time taken by the Vessel at loading port and discharge port (Ref Table at S. No. 10)
Fp = Heavy fuel Oil (HFO) Cost in USD/ Tonne (Ref. Table at Sl. No. 2)
∑ ∑ ∑
Where
FOCn = Summation of cost of HFO consumed at various speeds, anchorage, loading port and
discharge port.
3.4. Total Marine Diesel Oil Cost (DOCn)
For calculation of cost of MDO consumption at different speeds and anchorage:
For calculation of MDO cost at loading port and discharge port:
Where
DCBi = Marine Diesel Oil consumption per day at different speeds and anchorage provided by
Bidder at Annexure-8 (for ballast voyage)
DCLi = Marine Diesel Oil consumption per day at different speeds and anchorage provided by
Bidder at Annexure-8 (for laden voyage)
DCPi = Marine Diesel Oil consumption per day at loading & discharge port provided by Bidder
at Annexure-8
TT1i = Time taken by the Vessel at different speeds and anchorage (Ref Table at S. No. 10)
TT2i = Time taken by the Vessel at different speeds and anchorage (Ref Table at S. No. 10)
TTpi = Time taken by the Vessel at loading port and discharge port (Ref Table at S. No. 10)
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 115 of 180
Dp = Marine Diesel Oil Cost in USD/ Tonne (Ref. Table at Sl. No. 2)
∑ ∑ ∑
Where
DOCn = Summation of cost of MDO consumed at various speeds, anchorage, loading port and
discharge port.
3.5. Canal Charges during nth Year of operation (CCTn)
n = It shall be one (1) in the first Year and then increase by one (1) for each subsequent Year
CC = Canal Charges applicable as listed in Annexure 11 below
ERn = Escalation rate (per year) applicable to Canal Charges as listed in Annexure 11 below
Vn = Number of voyages per year as listed in Table at Sl. no. 10 below
3.6. Port Call Charges during nth year of operation (PCTn)
n = It shall be one (1) in the first Year and then increase by one (1) in each subsequent Year
PCL = Loading Port Call Charges applicable as listed in Annexure 12 below
PCU = Unloading Port Call Charges applicable as listed in Annexure 12 below
EPn = Escalation rate (per year) applicable to Port Call Charges as listed in Annexure 12 below
Vn = Number of voyages per year as listed in Table at Sl. no. 10 below
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 116 of 180
3.7. WITHHOLDING TAX (WTn)
The Total Cost applicable to the Charterer will also depend on the Withholding Tax applicable
on the SPC. The Withholding Tax for SPC incorporated in a Country other than India will be
determined on the date of evaluation of Priced Bid and will be considered same for the purpose
of evaluation during the Initial Charter Period, unless Bidder is ready to bear withholding tax as
mentioned in ITB.
Withholding Tax (WTn) in each Year shall be calculated as follows:
TR=Withholding Tax Rate in percentage determined on date of evaluation in accordance with
the information submitted and confirmed by Bidder in Annexure 13 of ITB.
4. TOTAL COST FOR ‘nth’ YEAR
The Total Cost for a Vessel in a year “n” will be calculated by adding the Total Hire Charges,
Total Fuel Cost, Total Boil-Off Cost, Canal Charges, Port Call Charges and Withholding Tax as
calculated above.
Sl.
No.
Component Value
1 Total Hire Charges (THCn ) As computed in Sl. No. 3.1
2 Total Boil-Off Cost (CBOTn ) As computed in Sl. No. 3.2
3 Total Heavy Fuel Oil (HFO)
Cost (
As computed in Sl. No. 3.3
4 Total Marine Diesel Oil (MDO)
Cost (
As computed in Sl. No. 3.4
5 Canal Charges (CCTn) As computed in Sl. No. 3.5
6 Port Call Charges (PCTn) As computed in Sl. No. 3.6
7 Withholding Tax (WTn) As computed in Sl. No. 3.7
Total Cost in the year (TCn) [sum of Sl. No. 1 to 7]
5. PRESENT VALUE OF THE TOTAL COST PER VESSEL (LC)
In order to compare the Hire Charges over the life of the contract, Present Value of the Total
Cost will be used for evaluation.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 117 of 180
Present Value of the Total Cost (LC)
∑
TCn = Total Cost applicable in year ‘n’ as calculated in Sl no. 4 above
i = It shall be one (1) in the first Year and then increase by one (1) every subsequent Year.
n = 19.5 years for foreign built Vessels and 16 years for Vessels built in India
r = 10% (Discount factor applicable for evaluating the Present Value)
6. TOTAL VOLUME TRANSPORTED PER VESSEL IN ‘nth’ YEAR (VLNGCTn)
Effective Volume of Vessel which would be loaded during a voyage.
CAP = Capacity of each Vessel as quoted by the Bidder in Annexure 8 in cubic meter
HV = Guaranteed Minimum Heel LNG Volume at loading port, as quoted by the Bidder in
Annexure 8 under Guaranteed Performance Figures.
The quantity loaded for transportation during a year will be (VLNGCTn)
Vn = Number of voyages per year as listed in Table at Sl. no. 10 below
The quantity delivered at the discharging port during nth year will be (VLNGCDn)
( (
) (
))
7. MMBTU DELIVERED PER VESSEL IN ‘n’th YEAR (MMBTUn)
CLNG = Calorific value of LNG in MMBTU/Tonne (Ref: Table at Sl. No 2)
DLNG = Density of LNG in Tonnes per m3 (Ref: Table at Sl. No 2)
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 118 of 180
8. PRESENT VALUE OF THE MMBTU TRANSPORTED PER VESSEL
In order to calculate the levelized cost of transportation by a particular Vessel, Present Value of
the total MMBTU transported will be calculated as below:
Present Value (PMMBTU) of the total volume transported
∑
MMBTUn = Total MMBTU transported by the LNG carrier in year ‘n’ as calculated in Sl no. 7
above
i = It shall be one (1) in the first Year and then increase by one (1) in each subsequent Year.
n = 19.5 years for foreign built Vessels and 16 years for Vessels built in India
r = 10% (Discount factor applicable for evaluating the Present Value)
9. UNIT FREIGHT COST (UFC) OF A VESSEL
The above calculated UFC is for a particular Vessel. The UFC of a Lot will be calculated as the
weighted average of the UFCs of each Vessel offered in the Lot. The Lot will be selected on the
basis of minimum weighted average UFC
Lot UFC PMMBTU
Vessel 1 UFC1 PMMBTU1
Vessel 2 UFC2 PMMBTU2
Vessel 3 UFC3 PMMBTU3
Note: Similar to the above, UFC for (a) more than one Lot, and (b) more than one Additional
Vessel shall be calculated in the following manner:
(i) UFC of two (2) or more Lots shall be calculated using the weighted average of UFC of
relevant Lots.
(ii) UFC for more than one (1) Additional Vessel shall be calculated using the weighted
average of UFC of relevant Additional Vessels.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 119 of 180
(iii) UFC of Lot(s) and Additional Vessel(s) shall be calculated using the weighted average of
UFC of relevant Lot(s) and relevant Additional Vessel(s).
10. PROFILE OF A TYPICAL VOYAGE PER YEAR (for evaluation purposes only)
Speed / Other Number of days
10 knots (TT1i/TT2i)* 7.7
12 knots (TT1i/TT2i)* 4.3
Design Speed (19.5 knots) (TT1i/TT2i)* -TFDE / SSGI 320.1
Design Speed (19.5 knots) (TT1i/TT2i)* -Steam 322.1
Total steaming days in Voyage-TFDE / SSGI 332.1
Total steaming days in Voyage-Steam 334.1
Days at loading port (TTpi) 9.7
Days at discharging port (TTpi) 8.4
Days awaiting at anchorage (TTan) (TT1i/TT2i)* 3.5
Total number of days Vessel should be in service (A) 365.0
Average time considered for maintenance and dry dock (TFDE /
SSGI vessel) (B)
11.3
Average time considered for maintenance and dry dock (Steam
vessel) (C)
9.3
Days of operation for TFDE / SSGI Vessel in nth year (Dn)
(D) = (A) – (B)
353.7
Days of operation for Steam Vessel in nth year (Dn)
(E) = (A) – (C)
355.7
Time Taken
in ballast Voyage in a year (TT1n) (for TFDE / SSGI Vessel) 166.05
in laden Voyage in a year (TT2n) (for TFDE / SSGI Vessel) 166.05
in ballast Voyage in a year (TT1n) (for Steam Vessel) 167.05
in laden Voyage in a year (TT2n) (for Steam Vessel) 167.05
Distance which has been considered to evaluate number of
voyages
9651 x 2 = 19302
nautical miles
Voyages per year by TFDE / SSGI Vessel (Vn) 7.5
Voyages per year by Steam Vessel (Vn) 7.6
*Note: The Voyage duration for different speeds stated in the table above will be equally divided
in Laden and Ballast voyage.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 120 of 180
ANNEXURE 11 – SUEZ CANAL CHARGES PER VOYAGE
MOSS TYPE CONTAINMENT SYSTEM (CC)
Size of the Vessel (m3)
Suez Canal Transit Charges (in
USD)
Escalation Rate per annum
(ERn)
150,000 – 155,000
750,000 3%
155,001 – 160,000
790,000 3%
160,001 – 165,000
895,100 3%
165,001 – 170,000
940,000 3%
170,001 – 175,000
1,123,000
3%
175,001 – 180,000
1,308,000 3%
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 121 of 180
MEMBRANE TYPE CONTAINMENT SYSTEM (CC)
Size of the Vessel (m3)
Suez Canal Transit Charges
(in USD)
Escalation Rate per annum
(ERn)
150,000 – 155,000
750,000 3%
155,001 – 160,000
790,000 3%
160,001 – 165,000
853,000 3%
165,001 – 170,000
916,000 3%
170,001 – 175,000
1,090,000
3%
175,001 – 180,000
1,275,000 3%
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 122 of 180
ANNEXURE 12 – PORT CALL CHARGES
MEMBRANE TYPE CONTAINMENT SYSTEM
Size of the Vessel (m3)
Loading Port Call
Charges (PCL)
(in USD)
Un-loading Port Call
Charges (PCU)
(in USD)
Escalation Rate per
annum (EPn)
150,000 – 155,000
120,000
42,000 3%
155,001 – 160,000
120,000
42,000 3%
160,001 – 165,000
125,000
42,000 3%
165,001 – 170,000
125,000
45,000 3%
170,001 – 175,000
125,000
56,000 3%
175,001 – 180,000
130,000
66,000 3%
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 123 of 180
MOSS TYPE CONTAINMENT SYSTEM
Size of the Vessel (m3)
Loading Port Call
Charges (PCL)
(in USD)
Un-loading Port Call
Charges (PCU)
(in USD)
Escalation Rate per
annum (EPn)
150,000 – 155,000
120,000
42,000 3%
155,001 – 160,000
120,000
42,000 3%
160,001 – 165,000
125,000
42,000 3%
165,001 – 170,000
125,000
45,000 3%
170,001 – 175,000
125,000
56,000 3%
175,001 – 180,000
130,000
66,000 3%
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 124 of 180
ANNEXURE 13 – BIDDERS CONFIRMATION FOR EVALUATION OF
WITHHOLDING TAX
Bidder’s Name M/s .............................
TENDER No.
Offer Ref................................
Bidders are required to provide the confirmation/information against each point which shall be
utilised for calculation of Withholding Tax Liability (WHT) by GAIL. This Questionnaire duly
filled in should be returned along with Un-priced Bid.
S.
No.
Description Bidder’s
Confirmation
/Reply
1 Proposed country of incorporation of Special Purpose Company (SPC)
for each Vessel, in the event of award. In case more than one country for
different sizes of ships, indicate separately for all sizes. For the purpose
of WHT rate determination, the country of incorporation and Tax
Residency of SPC will be considered same unless otherwise indicated by
the Bidder in its confirmation here.
Note: - Bidder to indicate only one country of incorporation for each
SPC. In case Bidder provides for more than one country of
incorporation, the country with higher tax implication to GAIL, by way of
WHT liability, will be considered for evaluation.
2 Please confirm whether SPC will/will not have any Permanent Establishment
(PE) in India during the whole or part term of Time Charter Party Agreement
(TCP). The term “Permanent Establishment” shall be as defined in respective
Double Taxation Avoidance Agreement (DTAA) between country of
incorporation and India (in case tax residency status is not different from country
of incorporation). The DTAA will be applied as per the Tax Residency Status of
SPC. However, in case SPC registered in a non-treaty country, Income of SPC
should not accrue or arise in India directly or indirectly through a business
connection or otherwise, as defined in Sec 9 (1) of Indian Income tax Act, 1961.
3 Please confirm that in case SPC will not have any PE in India then SPC
will provide an undertaking, in this regard, in the format prescribed by
GAIL along with each charter fee invoice. In case SPC fails to provide
the undertaking in the prescribed format or declares any false
information, the WHT and/or any interest and penalty as applicable on
account of the same will not be borne by GAIL and will be recovered
from SPC.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 125 of 180
S.
No.
Description Bidder’s
Confirmation
/Reply
4 Please confirm whether SPC will obtain Permanent Account Number (PAN)
from Indian Income Tax Authorities.
(As per Indian Tax Laws, there is a penal rate of WHT for not furnishing
PAN. The confirmation/ reply of the Bidder shall be taken into account for
evaluation of their Bid.)
5 Please confirm that SPC will furnish Tax Residency Certificate (TRC)
issued by the Government/Tax Authority of the Country in which SPC is
Tax Resident. This certificate is required every year by GAIL to
determine tax rates as per DTAA for any payment to SPC during each
year of the Time Charter Party Agreement.
6 Please confirm that along with TRC as mentioned in S. No. 5 above, SPC
will also provide a self-declaration in Form 10F prescribed under Rule
21AB of Indian Income Tax Rules, 1962 or as applicable at the time of
release/provision of invoice payment, as the case may be. A copy of
presently applicable Form 10F is enclosed as Annexure-13A.
7 Please confirm that, Bidder or SPC, as the case may be, will provide any
other document/information as may be required during bid evaluation by
GAIL and/or during the term of Time Charter Party Agreement due to
change in tax laws/rules or any other laws/rules impacting GAIL.
8 Please confirm that in the event Bidder or SPC confirms but does not
submit any or all of the documents/information as stated from S. No.1 to
7 above as may be required during bid evaluation or any time before or
during the term of Time Charter Party Agreement, any additional tax
implication arising on GAIL due to such non-submission/default will be
borne by SPC only and GAIL shall have the right to adjust the same from
the due payments of SPC.
9 Please confirm that if any information/documents provided in reference
to S. No. 1 to 7 above is found false or misleading during bid evaluation
or any time before or during the term of Time Charter Party Agreement,
any additional tax implication arising on GAIL due to submission of such
false/misleading information/documents by Bidder/SPC will be borne by
Bidder/SPC only.
10 Please confirm that any additional tax liability on GAIL due to change in
Tax Residency status of SPC or on account of PE of SPC in India, from
the originally evaluated position of Bidder, during the Time Charter Party
Agreement shall be borne by the SPC only and GAIL shall remit the
payments of due invoices after adjusting such implication.
11. We agree for deduction of applicable withholding tax from the full amount
of hire and other monies due under the TCPA. Specify Yes or No.
…….
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 126 of 180
S.
No.
Description Bidder’s
Confirmation
/Reply
(Refer clause no. 1(vii) of Annexure 10).
Note: Not applicable where the SPC is incorporated in India.
Name : ....................
Designation : ....................
Seal : ....................
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 127 of 180
ANNEXURE- 13A
"FORM NO. 10F”
[See sub-rule (1) of rule 21AB]
Information to be provided under sub-section (5) of section 90 or sub-section (5) of
section 90A of the Income-tax Act, 1961
I. . . . . . . . . . . . . . . . . . . *son/daughter of Mr.. . . . . . . . . . . . . . . . . . . in the capacity of . . . .
. . . . . . . . . . . . . . . (designation) do provide the following information, relevant to the
previous year. . . . . . . . . . . . . . . . . . . *in my case/in the case of. . . . . . . . . . . . . . . . . . . for
the purposes of sub-section (5) of * section 90/section 90A:—
SI.No. Nature of information : Details#
(i) Status (individual; company, firm etc.) of the assessee :
(ii) Permanent Account Number (PAN) of the assessee if allotted :
(iii) Nationality (in the case of an individual) or Country or specified territory of incorporation or registration (in the case of others)
:
(iv) Assessee's tax identification number in the country or specified territory of residence and if there is no such number, then, a unique number on the basis of which the person is identified by the Government of the country or the specified territory of which the assessee claims to be a resident
:
(v) Period for which the residential status as mentioned in the certificate referred to in sub-section (4) of section 90 or sub-section (4) of section 90A is applicable
:
(vi) Address of the assessee in the country or territory outside India during the period for which the certificate, mentioned in (v) above, is applicable
:
2. I have obtained a certificate to in sub-section (4) of section 90 of sub-section (4) of
section 90A from the Government of . . . . . . . . . . . . . . . . . . . (name of country or
specified territory outside India)
Signature: . . . . . . . . . . . . . . . . . . .
Name: . . . . . . . . . . . . . . . . . . .
Address: . . . . . . . . . . . . . . . . . . .
Permanent Account Number: . . . . . . . . . . . . . . . . . . .
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 128 of 180
Verification
I. . . . . . . . . . . . . . . . . . . do hereby declare that to the best of my knowledge and belief what
is stated above is correct complete and is truly stated.
Verified today the . . . . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . .. . . . . . . . . . .
Signature of the person providing the information
Place: . . . . . . . . . . . . . . . . . . .
Notes :
1. *Delete whichever is not applicable.
2. #Write N.A. if the relevant information forms part of the certificate referred to in sub-
section (4) of section 90 or sub-section (4) of section 90A.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 129 of 180
ANNEXURE 14 - LNG VESSEL COST AND FINANCING
[To be provided separately in physical form for each Vessel as per Section 11.5 of the ITB]
Subject : Tender for Time Charter Hiring of LNG Vessels
(TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 (E-TENDER NO. 8000008476)
1. VESSEL ID : ……………… (for Vessel ID, refer Annexure 29)
2. VESSEL CARGO CAPACITY …………. M3
3. VESSEL COST
Sl.
NO.
DESCRIPTION AMOUNT IN US $
1. Know-how engineering and consultancy
2. Hard cost
3. Project management
4. Testing and commissioning
5. Classification, mandatory spare parts
Total Amount (Sl. No. 1 to 5) in US$
4. VESSEL FINANCING
Proposed capital Structure
Sl. No. ITEM AMOUNT (in US$)
1 Equity
2 Debt
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 130 of 180
ANNEXURE 15 - FORMAT OF THE LETTER FROM INTENDED LENDERS TO THE
BIDDER
[To be provided on Owner’s Lender’s Letterhead]
GAIL (India) Limited
GAIL Bhawan,
16, Bhikaiji Cama Place,
New Delhi - 110 066 (India)
Phone: (+91-11) 26182955 Extn: 2269
Direct: (+91-11) 26189269
Fax: (+91-11) 26185941 Extn: 00502#, #5088
Subject: Tender for Time Charter Hiring of LNG Vessels (TENDER NO.:
GAIL/ND/BD/C&P/S123/8000008476 (E-TENDER NO. 8000008476)
We refer to the captioned ‘Bidding Document’ issued by GAIL (India) Limited (“GAIL”) on
[___] regarding the Time Charter Agreement (“TCP”) for certain LNG vessels. The capitalized
terms used but not defined herein shall have the meaning ascribed to them in the said Bidding
Document.
We hereby confirm that our credit committee [has]/ [had] approved [in principle] to arrange a
loan facility for [insert details of Bidder / proposed SPC] in the amount up to [Amount] (the
“Facility”) to fund construction and delivery of the [insert] LNG vessel(s) (the “Vessels”) to
GAIL as contemplated pursuant to the TCP.
Further, we confirm that: (i) we will keep GAIL informed of details regarding any events of
default under the financing and security documents executed in respect of the Vessels; (ii) we
will not take any steps to impede or prevent the LNG shipowner from delivering the Vessels to
GAIL on the Scheduled Delivery Date; and (iii) we have reviewed and approved the terms of the
TCP and that we will execute a Quiet Enjoyment Letter reflecting the agreed terms specified in
Appendix XII to the TCP (or in such other form agreed to by Charterer or Charterer’s Lenders)
no later than one hundred and eighty (180) days following the Effective Date of the TCP.
Arranging of the Facility will be conditional upon fulfillment of a number of conditions
precedent to financial close being met, including (i) completion of satisfactory legal and
technical due diligence of the TCP, (ii) the absence of (a) any material adverse change after the
date hereof in the business or financial condition of [Bidder/ proposed SPC] and (b) any change
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 131 of 180
after the date hereof in the financial or capital markets generally that would (in our reasonable
opinion) materially impair our arranging of the Facility, (iii) the material accuracy of all
representations made by [Bidder] to us in connection with the Facility, (iv) subject to our above
agreement regarding the Quiet Enjoyment Letter, finalisation of agreements customary for a
transaction of this type in a form acceptable to us, (v) payment of all fees, expenses and other
amounts payable to us by [Bidder / proposed SPC] in connection with the Facility and (v) a
closing of the Facility on or prior to [date].
We confirm that our in principle offer to arrange the Facility will remain valid till execution of
binding Facility / loan agreement for financing the construction of Vessel(s).
[Insert details of Owner’s Lender]
By:
Name:
Designation:
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 132 of 180
ANNEXURE 16 - FORMAT FOR DECLARATION OF CHANGE OF MAJORITY
SHAREHOLDER IN SPC IN CASE OF AWARD
To,
GAIL (India) Limited
16, Bhikaiji Cama Place
New Delhi – 110066
Subject: Tender for Time Charter Hiring of LNG Vessels (TENDER NO.:
GAIL/ND/BD/C&P/S123/8000008476 (E-TENDER NO. 8000008476)
Sir,
With reference to Section. 13.1 (d) of ITB, we confirm that the Bidding Consortium Leader
(M/s…………………………………..) will continue to remain the largest shareholder in at least
one (1) of the SPC formed for the ownership of the Vessels proposed in our offer.
We also declare that in case one of the other Consortium Members becomes the largest
shareholder with respect to any SPC formed for any of the Vessels offered & awarded to us, all
shareholding requirements previously specified for the constitution of such SPC shall thereafter
be applied to the new aforementioned Consortium Member as Consortium Leader of this SPC,
and to the interchanged other Consortium Members respectively.
We hereby declare that in case of award of contract, we shall make the following Consortium
Members as majority shareholders and leader in each of the SPC formed for the vessels offered :
Lot 1 and additional Vessels
Vessel identification number Proposed Majority Shareholder of SPC
Vessel #1
Vessel #2
Vessel #3
Additional Vessel #1
Additional Vessel #2
Lot 2
Vessel identification number Proposed Majority Shareholder of SPC
Vessel #4
Vessel #5
Vessel #6
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 133 of 180
Lot 3
Vessel identification number Proposed Majority Shareholder of SPC
Vessel #7
Vessel #8
Vessel #9
We also confirm that all Consortium Members mentioned above as proposed majority
shareholder of the SPC, meets the eligibility criteria of the Consortium Leader as mentioned in
Section 5.1.2 (b), and in compliance with the requirements of Section 13.1 (d) of the ITB.
Thanking you,
Name of the Consortium …………………………………………………………………………
Name of Authorised person on behalf of Bidding Consortium ………………………………….
Designation ……………………………………………………………………………………….
(Signature)
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 134 of 180
ANNEXURE - 17 ACKNOWLEDGEMENT CUM CONSENT LETTER
(On receipt of Bid Document/information regarding the Tender, Bidder shall acknowledge the receipt and
confirm his intention to bid or reason for non-participation against the enquiry /Tender through e-mail/fax to
concerned executive in GAIL issued the Tender, by filling up the Format) To
DGM (C&P)
GAIL (India) Limited
New Delhi, India
E-mail : shalder@gail.co.in/kaladhar@gail.co.in
Fax : (+91) 11 26185941 Extn 00502#
(+91) 11 26185941 Extn 05088#
Sub: TENDER NO. GAIL/ND/BD/C&P/S123/8000008476 for Time Charter Hiring of
LNG Vessels (E-TENDER NO. 8000008476) Dear Sir,
We hereby acknowledge receipt of a complete set of Bid Document along with enclosures for subject
job and/or the information regarding the subject Tender.
We intend to bid as requested for the subject job and furnish following details with respect to
our office who will submit the bid:
Signature : ....................
Name : ....................
Designation : ....................
Name of Company : ....................
Postal Address with Pin Code : ....................
Telephone/Mobile Number : ....................
Fax Number : ....................
Contact Person : ....................
E-mail Address : ....................
Date : ....................
Seal/Stamp : ....................
We are unable to bid for the reason(s) given below:
_____________________________________________________________________________
______________________________________________________________________________
Signature : ....................
Name : ....................
Designation : ....................
Name of Company : ....................
Telephone Number : ....................
E-mail Address : ....................
Mobile No. : ....................
Date : ....................
Seal/Stamp : ....................
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 135 of 180
ANNEXURE-18
FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE FOR FINANCIAL
CAPABILITY OF THE BIDDER
Sub: TENDER NO. GAIL/ND/BD/C&P/S123/8000008476 for Time Charter Hiring of
LNG Vessels (E-TENDER NO. 8000008476)
We have verified the Annual Accounts and other relevant records of M/s. ……………… ………………
[Name of the Bidder or Consortium Leader and Members (as the case may be)] and certify the following:
A. ANNUAL TURNOVER OF LAST 3 YEARS (Refer instructions at 3 below):
Description Amount (Currency)
Year 1:
Year 2:
Year 3:
B. NET WORTH OF LAST FINANCIAL YEAR:
Description Year ______
Amount (Currency)
Net Worth (Refer instructions at 3 below)
Name of Audit Firm / [Signature of Authorised Signatory]
Chartered Accountant Name:
Designation:
Date: Seal:
Membership no:
Instructions:
1. The financial year would be the same as one normally followed by the Bidder or Consortium Leader and
Members (as the case may be) for its Annual report
2. The Bidder or Consortium Leader and Members (as the case may be) shall provide the audited financial
statements as required for this Bid Document. Failure to do so would result in the Proposal being
considered as non-responsive.
3. For the purpose of this Bid Document, (i) Annual Turnover shall be “Sale value/Operating Income” and (ii)
Net Worth shall be the subscribed and paid up share capital of an entity plus its free reserves but
excluding revaluation reserves, as reduced by accumulated losses, intangible assets, and
miscellaneous expenditure not written off.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 136 of 180
Annexure 19
NO DEVIATION CONFIRMATION
To,
GAIL (India) Limited
16, Bhikaiji Cama Place
New Delhi- 110066
India
Sub: TENDER NO. GAIL/ND/BD/C&P/S123/8000008476 for Time Charter Hiring of
LNG Vessels (E-TENDER NO. 8000008476)
Dear Sir,
We understand that any unacceptable 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
against subject tender (except at Annexure 5 & Annexure 6, if any) and we agree that if any
deviation/exception is mentioned or noticed elsewhere, our bid may be rejected.
Name : ....................
Designation : ....................
Name of Company : ....................
Date : ....................
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 137 of 180
ANNEXURE - 20
DECLARATION
To Date:
GAIL (India) Limited
16, Bhikaiji Cama Place
R.K.Puram,
New Delhi- 110066
Sub: TENDER NO. GAIL/ND/BD/C&P/S123/8000008476 for Time Charter Hiring of
LNG Vessels (E-TENDER NO. 8000008476)
Dear Sir,
We (bidder / member of Consortium) hereby confirm that:
(i) we are not on ‘Holiday’ by GAIL or banned/blacklisted by Government
department/ Public Sector of the Indian Government.
(ii) Neither we nor our allied agency/(ies) (as defined in the Procedure for Action in
case of Corrupt/ Fraudulent/ Collusive/ Coercive Practices of GAIL) are on
banning list of GAIL or the Ministry of Petroleum and Natural Gas Govt. of India.
Further, We hereby also confirm that we are not under 'liquidation', any 'court receivership
or similar proceedings’ or 'bankruptcy'. In case it comes to the notice of GAIL that the
bidder has given wrong declaration in this regard, the same shall be dealt as ‘fraudulent
practices’ and action shall be initiated as per the Procedure for action in case of
Corrupt/Fraudulent/Collusive/Coercive Practices.
Further, it shall be the sole responsibility of the bidder to ensure that any changes
occurring in their above declaration during the processing of the tender are brought to the
notice of Employer.
We hereby confirm that We are not under any 'liquidation', any 'court receivership' or similar
proceedings and 'bankruptcy'.
We further confirm that, Bidder / any of the Consortium members (as the case may be) have not
been banned, de-listed or blacklisted or put on holiday list any Government or Quasi
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 138 of 180
Government Agencies or Public Sector Undertaking under Government of India or Project
Management Consultants (PMCs) of GAIL (India) Limited.
We also confirm that the contents of the subject Tender have not been modified or altered by the
Bidder/Consortium (as the case may be).
We agree that if any such thing is noticed in future, our Bid / Contract may be rejected /
terminated.
Place: Signature of Authorised Signatory
Date: Name:
Designation:
Seal:
Offer No. & Date: …………………………………………………………
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 139 of 180
ANNEXURE- 21
Agreement regarding non-involvement of any other entity or Government of India in respect of the present Tender / Contract
(to be submitted on the letterhead of the Bidder)
Sub: TENDER NO. GAIL/ND/BD/C&P/S123/8000008476 for Time Charter Hiring of
LNG Vessels (E-TENDER NO. 8000008476)
It is expressly understood and agreed by and between ....................(Bidder) and GAIL (India) Limited, (Indian Public Sector Undertaking) that GAIL (India) Ltd., is entering into this agreement solely on its own behalf and not on behalf of any other person or entity. In particular, it is expressly understood and agreed that the Government of India is not a party to this agreement and has no liabilities, obligations or rights hereunder. It is expressly understood and agreed that GAIL (India) Limited is an independent legal entity with power and authority to enter into contracts solely on its own behalf under the applicable Laws of India and general principles of Contract Law. The ............... (Bidder) expressly agrees, acknowledges and understands that GAIL (India) Ltd. is not an agent, representative or delegate of the Government of India. It is further understood and agreed that the Government of India is not and shall not be liable for any acts, omissions, commissions, breaches or other wrongs arising out of the contract. Accordingly ................... (Bidder) hereby expressly waives, releases and foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to sue to Government of India as to any manner, claim, and cause of action or thing whatsoever arising of or under this agreement.
Signature ________________________
Name ________________________
Designation ________________________
Office Stamp ________________________
Offer No. & Date: …………………………………………………………
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 140 of 180
ANNEXURE - 22
CUT OUT SLIPS
[For submission of Envelope 1 containing Tender Fee, EMD, Power of Attorney & Integrity
Pact (in original)]
DO NOT OPEN - THIS IS A QUOTATION
Tender no. : GAIL/ND/BD/C&P/S123/8000008476 (E-TENDER NO. 8000008476)
Item : Time Charter Hiring of LNG Vessels
Due Date& Time : ……….. upto……… hrs.
From: To:
……………
……………
GAIL (India) Limited
16, Bhikaiji Cama Place
R. K. Puram, New Delhi – 110 066
Ph. (+91)11-26182955, Fax. 011-26185941
=====================================
CUT OUT SLIP
[For submission of Envelope 2 containing Cost of Vessels]
DO NOT OPEN - THIS IS A QUOTATION
Tender no. : GAIL/ND/BD/C&P/S123/8000008476 (E-TENDER NO. 8000008476)
Item : Time Charter Hiring of LNG Vessels
Due Date& Time : ……….. upto……… hrs.
From: To:
……………
……………
GAIL (India) Limited
16, Bhikaiji Cama Place
R. K. Puram, New Delhi – 110 066
Ph. (+91)11-26182955, Fax. 011-26185941
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 141 of 180
ANNEXURE - 23 (A)
PROFORMA OF "BANK GUARANTEE" FOR "EARNEST MONEY / BID SECURITY"
(To be stamped in accordance with the Stamp Act)
Ref............... Bank Guarantee No.........
Date......................
To:
M/s GAIL (INDIA) LIMITED
16, Bhikaiji Cama Place
New Delhi – 110066
India
Dear Sir(s),
In accordance with Letter Inviting Tender under your reference No __________________ M/s.
____________________[insert name of Bidder] having their Registered / Head Office at
_____________[insert address of Bank] (hereinafter called the Bidder/Tenderer), wish to
participate in the said tender for ………………..[Insert Tender Name & No]…… for total
number of …… Vessels.
As an irrevocable Bank Guarantee against Earnest Money Deposit/Bid Security for the
amount of US$______________[insert amount in Figure & Words] is required to be submitted
by the Bidder/Tenderer as a condition precedent for participation in the said tender which
amount is liable to be forfeited on the happening of any contingencies mentioned in the Bid
Document.
We, the ____________[insert Bank Name] Bank at
_____________________________[insert Bank Address] having our Head Office
_______________________________[insert Bank Address of Head Office] guarantee and
undertake to pay immediately on demand without any recourse to the tenderers by GAIL (India)
Limited (GAIL), the amount US$ ___________________ ____________________[insert
amount in Figure & Words] without any reservation, protest, demur and recourse. Any such
demand made by GAIL, shall be conclusive and binding on us irrespective of any dispute or
difference raised by the Tenderer.
This guarantee shall be irrevocable and shall remain valid up to ____________ [insert
date which must be three (03) months after the validity of Bid]. If any further extension of this
guarantee is required, the same shall be extended to such required period on receiving
instructions from M/s. _____________________________________________[insert Bidder
Name] whose behalf this guarantee is issued.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 142 of 180
In witness whereof the Bank, through its authorized officer, has set its hand and stamp on
this ___________day of ____________ 20__ at ____________.
WITNESS:
(SIGNATURE) (SIGNATURE)
(NAME) (NAME)
Designation with Bank
Stamp
E-mail:
(OFFICIAL ADDRESS) FAX:
Phone No:
Attorney as per
Power of Attorney No. ________
Date: ___________________
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 143 of 180
INSTRUCTIONS FOR FURNISHING "BID SECURITY / EARNEST MONEY" BY
"BANK GUARANTEE"
1. The Bank Guarantee by Bidders will be given on non-judicial stamp paper as per
"Stamp Duty" applicable. The non-judicial stamp paper should be in the name of
the issuing Bank. In case of foreign Bank, the said Bank's Guarantee to be issued by
its correspondent Bank in India on requisite non-judicial stamp paper
2. The expiry date should be arrived at in accordance with "ITB".
3. The Bank Guarantee by bidders will be given from Bank as specified in "ITB".
4. A letter from the issuing Bank of the requisite Bank Guarantee confirming that said
Bank Guarantee / all future communication relating to the Bank Guarantee shall be
forwarded to the Employer at its address as mentioned at "ITB".
5. Bidders must indicate the full postal address of the Bank along with the Bank's E-
mail / Fax / Phone from where the Earnest Money Bond has been issued.
6. If a Bank Guarantee Deposit/ Bid Security is issued by a commercial Bank, then a
letter to Employer confirming its net worth is more than Rs. 1,000,000,000
[Rupees One Hundred Crores] or equivalent alongwith documentary evidence.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 144 of 180
ANNEXURE - 23 (B)
PROFORMA OF "LETTER OF CREDIT" FOR "EARNEST MONEY / BID
SECURITY"
To:
M/s GAIL (India) Limited
16, Bhikaiji Cama Place
New Delhi – 110066
India
Irrevocable and confirmed Letter of Credit No. …………………… Amount:
US$________________
Validity of this Irrevocable Letter of Credit : ………………………………………… (in
India)
Dear Sir,
In accordance with Tender under your reference No __________________ M/s.
____________________[insert name of Bidder] having their Registered / Head Office at
_____________[insert address of Bank] (hereinafter called the Bidder/Tenderer), wish to
participate in the said tender for ………………..[Insert Tender Name & No]…… for total
number of …… Vessels and submitting Earnest Money Deposit / Bid security in form of LC as
under.
1. You are hereby authorized to draw on ………………….. (insert Name of Applicant with
full address) for a sum not exceeding US$ ……………………[insert amount in Figure &
Words] available by your demand letter (draft) on them at sight drawn for US$
…………[insert amount in Figure & Words] accompanied by a certificate by GAIL
(India) Limited, with the Tender No……(insert Tender No) duly incorporated therein.
The Bid Security Amount is liable to be forfeited on the happening of any contingencies
mentioned in the ITB of the Bid Document.
2. This Irrevocable Letter of Credit has been established towards Bid Security Tender No
……………………(insert Tender No) for ……………….. ……(insert Tender Name).
3. We hereby guarantee to protect the Drawers, Endorsers and bonafide holders from any
consequences, which may arise in the event of the non-acceptance or non-payment of
Demand Letter (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. 600.
5. Please obtain reimbursement as under: ………………………………………….
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 145 of 180
6. All foreign as well as Indian bank charges will be on the account of M/s.
…………………………… (Insert name of Bidder/Applicant)
FOR ………………………..
VALIDITY ??? Authorized
Signature
(Original Bank)
Counter Signature
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 146 of 180
ANNEXURE 24
TECHNICAL COLLABORATION AGREEMENT (TCA)
This Technical Collaboration Agreement (hereinafter the ‘Agreement’) is made on this_____ day
of___________, 2015
BY AND BETWEEN
_________________, an Indian shipyard having its registered office
at____________________________(hereinafter referred to as ‘Indian Shipyard’) of the one part;
AND
_________________________ a foreign shipyard having its principal place of business at
____________________________ and having its registered office at ______________________
(hereinafter the ‘Foreign Shipyard’) of the other part.
The Indian Shipyard and the Foreign Shipyard are individually referred to as Party and
collectively as Parties.
WHEREAS the Indian Shipyard is engaged in various shipbuilding activities and has built
_________, __________, ___________ and _____________ Vessels and has considerable
engineering know-how and technical information and equipment regarding said such Vessels and
their method of manufacture. The Indian Shipyard is desirous of building LNG Vessels in India
by entering into a Technical Collaboration Agreement with the Foreign Shipyard, for the
purposes of undertaking the proposed design, development, construction and testing of LNG
Vessels to be undertaken by the Indian Shipyards pursuant to the tender dated [insert] ref no
[insert] for Charter Hiring of LNG Vessels by GAIL (India) Limited (“Tender”).
NOW THEREFORE IT IS AGREED between the Parties that :
1. This Agreement provides for “comprehensive range of services” to be provided by
Foreign Shipyard to Indian Shipyard with a view to assisting in, and enabling of, the
building of LNG Vessels at the Indian Shipyard located at ____________, India, and in
respect of which the consideration payable by the Indian Shipyard to the Foreign
Shipyard has been separately agreed and documented between the Indian Shipyard and
the Foreign Shipyard. The comprehensive range of services means and includes, the
following technical services to be fully and promptly provided by the Foreign Shipyard to
the Indian Shipyard for building of LNG vessel(s) of required specifications & quality
and operation thereof as per requirement of GAIL:
a) Provide a proven design and drawings of a LNG Vessel built or under construction in
the Foreign Shipyard; Additionally, to provide training of the personnel of the Indian
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 147 of 180
Shipyards in all aspects of basic design and construction drawings, design,
development, construction and testing of the Vessels;
b) Undertake design development and provide support and assistance in preparing
production drawings, drawings required for submission to owners, classification
society and flag administration, obtain approval, development, construction and
testing of the Vessels by the Indian Shipyard;
c) Provide support and assistance in quality control of all aspects of the design,
development, construction and testing of the Vessels by the Indian Shipyard;
d) Provide support and assistance in the selection of vendors and sourcing of materials
and personnel for the design, development, construction and testing of the Vessels by
the Indian Shipyard;
e) License requisite technology required for the development, construction and testing
of the Vessels by the Indian Shipyard and such license shall be irrevocable for at
least the term of this Agreement;
f) Provide all kind of support till five (5) years after the delivery of the Vessel, including
providing services during the guarantee period of the Vessel.
g) Assist Indian Shipyard in preparation of shipbuilding standards (inspection, practice
and quality standards)
h) Assist Indian Shipyard in establishing special testing facilities and construction
equipment required for LNG vessels in the shipbuilding yard.
It is expressly agreed by the Parties that, regardless of the "comprehensive range of
services" by Foreign Shipyard, Indian Shipyard shall be always solely and fully
responsible for performance of its shipbuilding contract to be executed under the
aforesaid Tender.
2. Indian Shipyard shall decide, at its sole discretion and risk, whether to get involved into
LNG shipbuilding in connection with the aforesaid Tender. However, any shipbuilding
undertaken by the Indian Shipyard shall be in strict accordance with the said
“comprehensive range of services”, the standard of quality embodied therein or as may be
set from time to time by Foreign Shipyard.
3. Indian Shipyard shall maintain confidentiality at all time during this agreement and
thereafter of all the “comprehensive range of services”, drawings and the like disclosed
by Foreign Shipyard to Indian Shipyard and/or pursuant to the terms herein or about
which Indian Shipyard learns during the performance of this Agreement, in accordance
with a non-disclosure agreement executed between the Parties hereto. Any and all
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 148 of 180
intellectual property rights owned by or licensed to Foreign Shipyard (including know-
how and technical information) or created, developed or improved by or on behalf of
Foreign Shipyard in performing the “comprehensive range of services” under this
Agreement shall be, remain and vest in the sole property of Foreign Shipyard.
4. This Agreement shall come into effect on and from the date hereof, and shall remain
effective for a period of five years after the successful delivery of all LNG Vessels
proposed to be constructed at the Indian Shipyard pursuant to the Tender. Further, any
ship building contracts (as relating to the Indian Shipyard) shall have appropriate
provisions regarding the continued availability of the comprehensive range of services
from the Foreign Shipyard to the Indian Shipyard. Provided further, this Agreement may
be renewed in whole or in part for further period by mutual agreement. This Agreement
shall be binding upon and ensure to the benefit of the successors and assigns of the
respective Parties hereto, and the obligations hereunder shall not be assignable by either
Party without written consent being first obtained from the other. Notwithstanding the
foregoing, this Agreement shall automatically be terminated in the event the Project is not
awarded to the Indian Shipyard.
5. Each Party shall bear any taxes, charges, levies, duties and fees levied by any
governmental authority in relation to this Agreement.
6. This Agreement is intended to set forth the minimum principles pursuant to which
technical services would be provided by the Foreign Shipyard to the Indian Shipyard.
7. In no event and under no legal theory shall Foreign Shipyard or any of its affiliates,
agents, or personnel be liable to Indian Shipyard or to any other person for any general,
direct, indirect, special incidental, consequential, cover or other damages of any character
or claims arising out of this Agreement, including but not limited to, personal injury, loss
of data, loss of profits, loss of revenue, cost of capital, loss of business opportunity or
damage to goodwill, or any and all other damages or losses of whatever nature.
8. Any dispute in relation to this Agreement, which cannot be amicably settled between the
Parties, shall be submitted to and finally settled by arbitration to be held in [insert choice
of venue] in accordance with the [insert choice of arbitration] by a panel of three
arbitrators appointed in accordance therewith. The language of the arbitration shall be
English. The award rendered by the arbitrators shall be final and binding upon the Parties.
For the avoidance of any doubt, the Parties agree to exclude the applicability of the
provisions of Part I of the Indian Arbitration and Conciliation Act 1996 to any arbitration
under this clause.
9. Notices and other communications under the Agreement shall be in writing, or by
established facsimile service, addressed as indicated in the description of Parties above or
as either Party may request in writing, and the effective date of each is the date of
dispatch by air or such service properly addressed.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 149 of 180
10. The Agreement and any dispute or claim arising out of or in connection with it or its
subject matter, existence, negotiation, validity, termination or enforceability (including
non-contractual disputes or claims) shall be governed by and construed according to the
laws of England.
11. Nothing in this Agreement shall be construed to constitute or form a partnership or joint
venture between the Parties. Neither of the Parties shall have any right to obligate or bind
the other, and neither Party shall hold itself out to third parties as having any such right or
any authority whatsoever to enter into contracts on behalf of the other.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first
above written.
For Foreign Shipyard,
___________________________________
[Signature]
Name and Designation of Authorized
Signatory:
___________________________________
For Indian Shipyard,
___________________________________
[Signature]
Name and Designation of Authorized
Signatory:
___________________________________
Witness:
1. _________________________
2. _________________________
Witness:
1. _________________________
2. _________________________
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 150 of 180
ANNEXURE 25
INSTRUCTIONS TO E-TENDER
1. General
This section contains detailed instructions regarding bid submission procedure under
GAIL’s e-tendering system (e-tender portal). Bidders are required to read the following
instructions in addition to various instructions mentioned elsewhere in the bid document for e-
tendering, Ready Reckoner and FAQs etc. The instructions mentioned herein related to bid
submission procedure shall supersede and shall prevail over the conditions enumerated
elsewhere in the bid/tender document.
Bidders who wish to participate in e-tenders must download ‘Ready Reckoner for bidders’ which
contains instructions in respect of e-Tendering essentially covering security settings required for
bidder’s PC / Laptop, uploading and checking the status of digital signature in the bidder’s PC /
Laptop, obtaining unique login ID and password, re-setting the password, downloading of
Tender document and uploading of Offer/Bid etc.
Further, the troubleshooting issues are also available in the form of FAQs which can be
downloaded from E-Tender Portal.
2. About E-Tender Portal (Web)
GAIL (India) Ltd. has developed a secured and user friendly e-tender system enabling bidders to
Search, View, Download tender document(s) directly from the portal https://etender.gail.co.in
(referred hereunder as “E-Tender Portal”) and also enables the bidders to participate and submit
online prices directly in the e-tender portal or uploading of SOR/ Price Schedule (Price Bid) in
note and attachment folder, as applicable, and technical bids in secured and transparent manner
maintaining absolute confidentiality and security throughout the tender evaluation process and
award.
3. Pre-requisite for participation in bidding process
The following are the pre-requisite for participation in e-Tendering Process:
3.1 PC/Laptop with Windows OS, Internet Explorer
Bidder must possess a PC / Laptop with Windows7 professional operating system and Internet
Explorer 8 or 9 for hassle free bidding. Bidder is essentially required to effect the security
settings as defined in step-by-steps with screen shots in the document named “Ready Reckoner
for Bidders” for e-tendering available on GAIL’s e-Tender Portal and can be downloaded
without logging in.
3.2 Internet Broadband Connectivity
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 151 of 180
The Bidder must have a high speed internet connectivity (preferably Broadband) to access
GAIL’s e-Tender Portal for downloading the Tender document and uploading/submitting the
Bids.
3.3 A valid e-mail Id of the Organization/Firm
Bidder must possess an e-mail Id, preferably of the Organisation (in case of a
company)/Individual (in case of proprietorship concern)/Partner having Power of Attorney (in
case of a partnership firm) to create login Id. The e-mail Id should not be changed frequently.
All communication related to e-tendering including system generated mails shall be sent on this
e-mail Id only. The communication to bidder is fully automated through the system and hence
email-id of bidder is very important for online communication with bidder during various stages
of tendering process and should be preferably common e-mail Id of the Organisation.
3.4 User ID and Password for new Bidder(s)
To participate in the bidding process, it is mandatory on the part of bidder(s) to have user Id and
password. Without user Id (Login Id), bidders cannot participate in e-tender. There will be single
login Id for a bidder/vendor code. A bidder having offices/establishments at different address at
same city or at different cities shall have different vendor codes and accordingly, different user
Ids as a particular user Id is linked to a particular vendor code.
To obtain User Id and Password Vendor/Bidder must visit https://etender.gail.co.in site and
perform the following steps:
i) Click on button Request User Id (For new Bidders)
ii) Fill the on line self-registration form and submit. Ensure that the e-mail address
given in the form is valid and active. If you have already been provided with the
Vendor code of GAIL, please mention the 10 digit Vendor code in the specified
field, otherwise leave blank.
iii) Ensure that all the mandatory fields (identified with a * mark) are filled in the
self-registration form for User Id creation.
GAIL’s system administrator would take possible care to allot User Id and password within 3-4
working days. User Id and password will be communicated through system auto-generated e-
mail as mentioned in the self-registration form. On receipt of User Id and password, please reset
the password immediately by logging into GAIL’s E-tendering site.
User Id and password is unique for each vendor and the vendor can use the same to
view/download/participate in all e-tenders of GAIL.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 152 of 180
In their own interest, Bidder(s) are advised to apply for User Id immediately on publishing of
tender or well in advance of the bid due date. User Id shall normally be issued within 3-4
working days provided complete information has been furnished by the bidder in self-registration
form. GAIL shall not be responsible for any delays in allocation of User Id/password and the
ensuing consequences including but not limited to timely submission of bids.
3.5 Procedure for change of E-mail Id of the Bidder
The e-mail-id of the bidder/Vendor Code is captured and registered in GAIL’s system when a
bidder submits his request for user-id / password.
In case bidder desires for change in the registered e-mail id in GAIL’s system, the under
mentioned steps may be followed:-
Note the name, designation, e-mail id etc. of the dealing officer from the tender
document or from the “Contact Us” link available on the logon page of GAIL’s e
- tender portal.
Request for change in the registered e-mail id may be sent to the dealing officer
on the company’s letter head through post/ courier/e-mail. Bidder is also
requested to mention his vendor code / user Id in the letter.
3.6 About Digital Signature
(I) What is a Digital Signature?
This is a unique digital code which can be transmitted electronically and primarily identifies a
unique sender. The objective of digital signature is to guarantee that the individual sending the
message is who he or she really claims to be just like the written signature. The Controller of
Certifying Authorities of India (CCA) has authorized certain Certifying Authorities (CA) to issue
Digital Certificates. Digitally signed documents are legally valid as per the Indian IT Act 2000.
One Digital Certificate is valid for a specified period and can be used for digitally signing any
number of documents.
(a) In case of Proprietorship/Partnership
Both i.e. (i) Class 3 Digital Signatures issued to authorized individuals on their KYC basis and
(ii) Class 3b Digital Signatures issued to authorized individuals with their organization KYC
basis are acceptable.
(b) In case of Firm/ Company
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
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Only Class 3b Digital Signature is acceptable where individuals are using their digital signatures
on behalf of the Organization and digital Signature should be in the name of authorized signatory
who has signed the bid on behalf of bidder.
Bidder can submit only digitally signed documents/bids/offers, in GAIL’s e-tender portal.
(II) Why Digital Signature is required?
In order to bid for GAIL e-tenders bidders are required to obtain a legally valid Digital
Certificate as per Indian IT Act 2000 from the licensed Certifying Authorities (CA) operating
under the Root Certifying Authority of India (RCAI), Controller of Certifying Authorities (CCA)
of India.
(III) How to obtain Digital Signatures from Certifying Authority (CA)?
Valid Digital Certificate can be obtained from Certifying Agency (C.A). Information about
CA’s can be obtained through CCA India website (http://www.cca.gov.in).
Digital Signatures can be obtained using following steps:
a) Visit the site of the licensed CA* using internet browser.
b) Apply for a class 3b or class 3(as applicable) Digital Certificate with
encryption/decryption facility.
c) Follow the instructions on the CA’s website for submission of requisite
documents for issue of the Digital Certificate and making payment.
*Links to some of the licensed CA's are provided below
1. http://www.ncodesolutions.com
2. http://www.sifycorp.com
3. http://www.tcs-ca.tcs.co.in
4. http://www.e-mudhra.com
5. http://www.nicca.nic.in
6. www.idrbtca.org.in
Note: The Digital signatures should be obtained directly from certifying authority (CA). Digital
signature taken from Sub CA will not be acceptable in the e-tendering system.
GAIL/Owner reserves the right to verify the Authenticity of above digital signatures after bid
opening and in case the digital signature is not authorized / valid, the bid will be rejected. Bidder
shall be responsible for ensuring the validity of digital signatures and proper usage of the same.
4. How to submit On-line Bids/Offers electronically against E-tenders?
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 154 of 180
Bidders who wish to participate against e-tenders uploaded on GAIL’s e-tender website
(https://etender.gail.co.in) (e-tender portal) should follow the steps mentioned in the “Ready
Reckoner for Bidders for e-tendering” available on GAIL’s e-tender portal which shall guide
them to Search, Display/View, Download and Submit electronic Bids/Offers online in a
secured manner ensuring confidentiality.
5. How to search, view and download e-tender?
Bidders must go to e-tender website https://etender.gail.co.in and logon using their user-Id and
password. In case bidders do not have the User Id and Password, they can access the e-tender as
guest which does not require any user Id & Password. This facilitates viewing of tenders in
display mode in Collaboration folder (C Folder). The bidder can also download the tender.
6. Bidders are advised to ensure that their bids are uploaded in e-Tender system well before
the closing date and time of bid submission by pressing “Submit” button. It has been seen
that bidder who try to upload his bid at the last moment often failed because of last
minute unforeseen reasons. Therefore, bidders are requested to upload & submit all
documents (Technical/Un-Priced Bid and Priced Bid) well in advance and refrain from
submitting their bid at the last moment. Once bid is submitted successfully, bidders shall
receive a system generated response on their registered E-mail Id confirming successful
submission of bid indicating ten digit response number starting from 9000…. (E-bid
number).
Bidder can modify the bid already submitted prior to the due date and time of Bid submission.
7. Further, bidders are advised to carry out a practice session on the demo version of
tendering as explained in Ready Reckoner to get well acquainted with the system before
actual submission of bid.
8.0 Content of Bid
8.1 Un-Priced Bid
The Un-priced Bid (i.e. Part I – Technical Bid, refer ITB of tender for details) to be uploaded
using Link “TECHNICAL DOCUMENT”. Bidders are advised to not upload duly filled
Schedule of Rates/Price Schedule (Price Bid) at this link. For detailed instructions, Ready
Reckoner for bidders may be referred.
Before the bid is uploaded, the bid comprising of all relevant documents mentioned in the tender
document should be digitally signed in accordance with the Indian IT Act 2000. If any
modifications are required to be made to a document thereafter the modified documents shall be
again digitally signed before uploading.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 155 of 180
Bidders are required to upload all Tender forms and supporting documents which form part of
the bid/tender in the Collaboration Folder (C-Folder) under tender document of e-tender portal.
Uploading the documents relevant to bid before the bid submission date and time is the sole
responsibility of the bidder. No Manual/Hard copy of bid is acceptable. Bids submitted manually
shall be rejected.
Bidders are required to submit the Earnest Money Deposit (EMD)/Bid Bond in original in the
prescribed formats and in the manner prescribed in the tender at the time of bid submission in
sealed envelope.
However, if the bidder is unable to submit EMD/Bid Bond in original on the due date, he may
upload scanned copy of the EMD/Bid Bond while submitting the bid electronically, provided the
original EMD/Bid Bond, copy of which has been uploaded, is received within 7 (seven) days
from the date of un-priced bid opening, failing which the bid will be rejected irrespective of their
status / ranking in tender and notwithstanding the fact that a copy of the Earnest Money
Deposit/Bid Bond was earlier uploaded by the bidder.
The complete bid (each page) shall be continuously numbered in sequence, from start till end i.e.
1, 2, 3… n. The bid shall be uploaded along with proper index and indicating page numbers
against each category of documents. A sample is suggested as under:
Sub-folder in
C-Folder
Documents Page nos.
(for ref.)
1. INDEX Index 1 to a
2. TENDER
DOC
Tender Document, Corrigendum etc. a+1 to b
3. B.E.C BEC documents (including order,
completion/ execution certificate,
balance sheet, etc.)
b+1 to c
4. UN-PRICED
COMMERCIA
L
Un-priced Commercial offer/bid c+1 to d
5. EMD/POA Scanned copy of EMD/POA d+1 to e
6. FORMATS Formats of tender duly filed-in, signed
and stamped and other
e+1 to f
7. TENDER FEE
/ I.P.
Scanned copy of Tender fee/ Integrity
Pact (I.P.)
f+1 to g
8. OTHERS Any other document g+1 to h
The above shall ensure that there are no missing documents and traceability of relevant section is
ensured.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 156 of 180
Note:
i) Bidder may save/store the bid documents in the PC/Laptop before submitting the
bid into in e-tender portal.
ii) Bidder is required to fill up the price(s)/rate(s) strictly in the Schedule of Rate
(SOR)/Price Schedule attached with the tender.
Inadvertently, if a document is uploaded in Collaboration Folder (C Folder) by the bidders, such
document can be deleted by the bidder and can be replaced by a digitally signed new/modified
document prior to due date& time.
Un-priced techno-commercial bid document should be placed in the private area earmarked in
the C-folder of Tender Document in e-tender portal.
8.2 Priced Bid
The Priced Bid (i.e. Part II – Price Bid, refer ITB for details) to be uploaded using Link “Step-3:
SOR Attachments” and NOT using link “TECHNICAL DOCUMENT”. Bidders are advised not
to upload any other documents and same shall be ignored. For detailed instructions, refer tender
document and Ready Reckoner.
GAIL shall not be responsible for any failure on the part of the bidder in submission of Priced
Bid.
Instructions mentioned under “PRICE BID [Online]” in Ready Reckoner shall be applicable in
case Bidders have been asked to quote their prices on-line directly in the GAIL’s e-tender portal
in addition to uploading of scanned copy of SOR or only the on-line price submission in the
portal, as the case may be.
9. E-Tender demo during pre-bid conference
During the pre-bid conference, GAIL shall also arrange demonstration for submission of bids in
e-tender portal for interested bidders.
10. Submission of documents
Bidders are requested to upload small sized documents preferably (upto 20 MB) at a time to
facilitate easy uploading into e-tender portal. GAIL shall not be responsible in case of failure of
the bidder to upload documents/bids within specified time of tender submission.
11. Last date for submission of bids
System does not allow for submission or modification of bids beyond the deadline for bid
submission. However, if the bidder for some reason intends to change the bid already entered, he
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 157 of 180
may change/revise the same on or before the last date and time of submission. The system time
displayed on GAIL’s e-tender webpage shall be final and binding on the bidders for all purposes
pertaining to various events of the subject tender and no other time shall be taken into
cognizance.
Bidders are advised in their own interest to ensure that bids are uploaded in e-tender system well
before the closing date and time of bid.
12. Internet connectivity
If bidders are unable to access GAIL’s e-tender portal or Bid Documents, the bidders may please
check whether they are using proxy to connect to internet or their PC is behind any firewall and
may contact their system administrator to enable connectivity. Please note that Port SSL/443
should be enabled on proxy/firewall for HTTPS connectivity. Dial-up/Broad band internet
connectivity without Proxy settings is another option.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 158 of 180
ANNEXURE 26
PROCEDURE FOR ACTION IN CASE
CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICE
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 159 of 180
A Definitions:
A.1 “Corrupt Practice” means the offering, giving, receiving or soliciting, directly or
indirectly, anything of value to improperly influence the actions in selection process or in
contract execution.
“Corrupt Practice” also includes any omission for misrepresentation that may mislead or
attempt to mislead so that financial or other benefit may be obtained or an obligation
avoided.
A2 “Fraudulent Practice” means and include any act or omission committed by a agency or
with his connivance or by his agent by misrepresenting/ submitting false documents and/
or false information or concealment of facts or to deceive in order to influence a selection
process or during execution of contract/ order.
A3 “Collusive Practice amongst bidders (prior to or after bid submission)” means a scheme or
arrangement designed to establish bid prices at artificial non-competitive levels and to
deprive the Employer of the benefits of free and open competition.
A.4 “Coercive practice” means impairing or harming or threatening to impair or harm directly
or indirectly, any agency or its property to influence the improperly actions of an agency,
obstruction of any investigation or auditing of a procurement process.
A.5 “Vendor/Supplier/Contractor/Consultant/Bidder” is herein after referred as “Agency”
A.6 ”Appellate Authority” shall mean Committee of Directors consisting of Director (Finance)
and Director (BD) for works centers under Director (Projects). For all other cases
committee of Directors shall consist of Director (Finance) & Director (Projects).
A.7 “Competent Authority” shall mean the authority, who is competent to take final decision
for Suspension of business dealing with an Agency/ ies and Banning of business dealings
with Agency/ iesand shall be the “Director” concerned.
A.8 “Allied Agency” shall mean all the concerns within the sphere of effective influence of
banned/ suspended agencies. In determining this, the following factors may be taken into
consideration:
(a) Majority interest in the management is held by the partners or directors of banned/
suspended firm.
(c ) substantial or majority shares are owned by banned/ suspended agency and by
virtue of this it has a controlling voice.
A.9 “Investigating Agency” shall mean any department or unit of GAIL investigating into the
conduct of Agency/ party and shall include the Vigilance Department of the GAIL,
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
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Central Bureau of Investigation, State Police or any other agency set up by the Central or
state government having power to investigate.
B Actions against bidder(s) indulging in corrupt /fraudulent/ collusive/ coercive
practice
B.1 Irregularities noticed during the evaluation of the bids :
If it is observed during bidding process/ bids evaluation stage that a bidder has indulged
in corrupt/fraudulent /collusive/coercive practice, the bid of such Bidder (s) shall be
rejected and its Earnest Money Deposit (EMD) shall be forfeited.
Further, such agency shall be banned for future business with GAIL for a period specified
in para B 2.2 below from the date of issue of banning order.
B.2 Irregularities noticed after award of contract
(i) During execution of contract:
If an agency, is found to have indulged in corrupt/fraudulent/ collusive/coercive
practices, during execution of contract, the agency shall be banned for future
business with GAIL for a period specified in para B 2.2 below from the date of
issue of banning order.
The concerned order (s)/ contract(s) where corrupt/fraudulent/collusive practices
is observed, shall be suspended with immediate effect by Engineer-in-Charge
(EIC)/ Employer whereby the supply/ work/ service and payment etc. will be
suspended. The action shall be initiated for putting the agency on banning.
After conclusion of process, the order (s)/ contract (s) where it is concluded that
such irregularities have been committed shall be terminated and Contract cum
Performance Bank Guarantee (CPBG) submitted by agency against such order (s)/
contract (s) shall also be forfeited. The amount that may have become due to the
contractor on account of work already executed by him shall be payable to the
contractor and this amount shall be subject to adjustment against any amounts
due from the contractor under the terms of the contract.
No risk and cost provision will be enforced in such cases.
(ii) After execution of contract and during Defect liability period (DLP)/
Warranty/Guarantee Period:
If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive
practices, after execution of contract and during DLP/ Warranty/Guarantee
GAIL (India) Limited
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Period, the agency shall be banned for future business with GAIL for a period
specified in para B 2.2 below from the date of issue of banning order.
Further, the Contract cum Performance Bank Guarantee (CPBG) submitted by
agency against such order (s)/ contract (s) shall be forfeited.
(iii) After expiry of Defect liability period (DLP)/ Warranty/Guarantee Period
If an agency is found to have indulged in corrupt/fraudulent/ collusive/coercive
practices, after expiry of Defect liability period (DLP)/ Warranty/Guarantee
Period, the agency shall be banned for future business with GAIL for a period
specified in para B 2.2 below from the date of issue of banning order.
B.2.2 Period of Banning
Banning period shall be reckoned from the date of banning order and shall be 3 years.
In exceptional cases where the act of vendor/ contractor is a threat to the National
Security, the banning shall be for indefinite period.
C Effect of banning on other ongoing contracts/ tenders
C.1 If an agency is put on Banning, such agency should not be considered in ongoing
tenders/future tenders.
C.2 However, if such an agency is already executing other order (s)/ contract (s) where no
corrupt/fraudulent/ collusive/coercive practice is found, the agency should be allowed to
continue till its completion without any further increase in scope except those incidental
to original scope mentioned in the contract.
C.3 If an agency is put on the Banning List during tendering and no irregularity is found in
the case under process:
C.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid
submitted by the agency shall be ignored.
C.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the agency
shall not be opened and BG/EMD submitted by the agency shall be returned to the
agency.
GAIL (India) Limited
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Instructions to Bidders
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C.3.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of the
agency shall be ignored & will not be further evaluated. If the agency is put on banning
list for fraud/ mis-appropriation of facts committed in the same tender/other tender where
errant agency emerges as the lowest (L1), then such tender shall also be cancelled and re-
invited.
D. Procedure for Suspension of Bidder
D.1 Initiation of Suspension
Action for suspension business dealing with any agency/(ies) shall be initiated when
(i) Corporate Vigilance Department, GAIL based on the fact of the case gathered
during investigation by them recommend for specific immediate action against the
agency.
(ii) Corporate Vigilance Department, GAIL based on the input from Investigating
agency, forward for specific immediate action against the agency.
(iii) Non performance of Vendor/Supplier/Contractor/Consultant leading to
termination of Contract/ Order.
D.2 Suspension Procedure:
D.2.1 The order of suspension would operate initially for a period not more than six months
and shall be communicated to the agency and also to Corporate Vigilance
Department. Period of suspension can be extended with the approval of the
Competent Authority by one month at a time with a ceiling of six months pending a
conclusive decision to put the agency on banning list.
D.2.2 During the period of suspension, no new business dealing shall be held with the
agency.
D.2.3 Period of suspension shall be accounted for in the final order passed for banning of
business with the agency.
D.2.4 The decision regarding suspension of business dealings shall also be communicated
to the agency.
D 3 Effect of Suspension of business:
Effect of suspension on other on-going/future tenders will be as under:
GAIL (India) Limited
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Instructions to Bidders
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D.3.1 No enquiry/bid/tender shall be entertained from an agency as long as the name of
agency appears in the Suspension List.
D.3.2 If an agency is put on the Suspension List during tendering:
D.3.2.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid
submitted by the agency shall be ignored.
D.3.2.2 after opening Technical bid but before opening the Price bid, the Price bid of the
agency shall not be opened and BG/EMD submitted by the agency shall be returned
to the agency.
D.3.2.3 after opening of price, BG/EMD made by the agency shall be returned; the offer of
the agency shall be ignored & will not be further evaluated. If the agency is put on
Suspension list for fraud/ mis-appropriation of facts conducted in the same
tender/other tender where errant agency emerges as the lowest (L1), then such tender
shall also be cancelled and re-invited.
D.3.3 The existing contract (s)/ order (s) under execution shall continue.
D.3.4 Tenders invited for procurement of goods, works, services and consultancy services
shall have provision that the bidder shall submit a undertaking to the effect that (i)
neither the bidder themselves nor their allied agency/(ies) are on banning list of GAIL
or the Ministry of Petroleum and Natural Gas and (ii) bidder is not banned by any
Government department/ Public Sector.
F. Appeal against the Decision of the Competent Authority:
F.1 The agency may file an appeal against the order of the Competent Authority for putting
the agency on banning list. The appeal shall be filed to Appellate Authority. Such an
appeal shall be preferred within one month from the of receipt of banning order.
F.2 Appellate Authority would consider the appeal and pass appropriate order which shall be
communicated to the party as well as the Competent Authority.
F.3 Appeal process may be completed within 45 days of filing of appeal with the Appellate
Authority.
G. Wherever there is contradiction with respect to terms of ‘Integrity pact’ , GCC and
‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive Practice’, the
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 164 of 180
provisions of ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive
Practice’ shall prevail.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 165 of 180
Annexure-27
PROCEDURE FOR EVALUATION OF PERFORMANCE OF VENDORS/ SUPPLIERS/
CONTRACTORS/ CONSULTANTS
1.0 GENERAL
A system for evaluation of Vendors/ Suppliers/Contractors/ Consultants and their
performance is a key process and important to support an effective purchasing &
contracting function of an organization.
Performance of all participating Vendors/ Suppliers/Contractors/ Consultants need to be
closely monitored to ensure timely receipt of supplies from a Vendor, completion of an
assignment by a Consultant or complete execution of order by a contractor within
scheduled completion period. For timely execution of projects and meeting the operation
& maintenance requirement of operating plants, it is necessary to monitor the execution
of order or contracts right from the award stage to completion stage and take corrective
measures in time.
2.0 OBJECTIVE
The objective of Evaluation of Performance aims to recognize, and develop reliable
Vendors/ Suppliers/Contractors/ Consultants so that they consistently meet or exceed
expectations and requirements.
The purpose of this procedure is to put in place a system to monitor performance of
Vendors/ Suppliers/Contractors/ Consultants associated with GAIL so as to ensure timely
completion of various projects, timely receipt of supplies including completion of works
& services for operation and maintenance of operating plants and quality standards in all
respects.
3.0 METHODOLOGY
i) Preparation of Performance Rating Data Sheet
Performance rating data Sheet for each and every Vendor/ Supplier/Contractor/
Consultant for all orders/Contracts with a value of Rs. 7 Lakhs and above is
recommended to be drawn up. These data sheets are to be separately prepared for
orders/ contracts related to Projects and O&M. Format, Parameters, Process,
responsibility for preparation of Performance Rating Data Sheet are separately
mentioned.
ii) Measurement of Performance
GAIL (India) Limited
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Based on the parameters defined in Data Sheet, Performance of concerned
Vendor/ Supplier/Contractor/ Consultant would be computed and graded
accordingly. The measurement of the performance of the Party would be its
ability to achieve the minimum scoring of 60% points in the given parameters.
iii) Initiation of Measures:
Depending upon the Grading of Performance, corrective measures would be
initiated by taking up the matter with concerned Vendor/ Supplier/Contractor/
Consultant. Response of Vendor/ Supplier/Contractor/ Consultant would be
considered before deciding further course of action.
iv) Implementation of Corrective Measures:
Based on the response of Vendor/ Supplier/Contractor/ Consultant, concerned
Engineer-in-Charge for the Projects and/or OIC in case of O&M would
recommend for continuation or discontinuation of such party from the business of
GAIL.
v) Orders/contracts placed on Proprietary/OEM basis for O&M will be evaluated
and, if required, corrective action will be taken for improvement in future.
4.0 EXCLUSIONS:
The following would be excluded from the scope of evaluation of performance of
Vendors/ Suppliers/Contractors/ Consultants :
i) Orders/Contracts below the value of Rs. 7 Lakhs.
ii) One time Vendor/ Supplier/Contractor/ Consultant.
iii) Orders for Misc./Administrative items/ Non stock Non valuated items.
However, concerned Engineer-in-Charge /OICs will continue to monitor such cases so as
to minimize the impact on Projects/O&M plants due to non performance of Vendors/
Suppliers/Contractors/ Consultants in all such cases.
5.0 PROCESS OF EVALUATION OF PERFORMANCE OF VENDORS/
SUPPLIERS/ CONTRACTORS/ CONSULTANTS
5.1 FOR PROJECTS
i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case
of PROJECTS shall be done immediately with commissioning of any Project.
GAIL (India) Limited
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ii) On commissioning of any Project, EIC (Engineer-in-charge)/ Project-in-charge
shall prepare a Performance Rating Data Sheet (Format at Annexure-1) for all
Orders and Contracts.
iii) Depending upon the Performance Rating, following action shall be initiated by
Engineer-in-charge/Project-in-charge:
Sl.No. Performance
Rating
Action
1 POOR Seek explanation for Poor performance
2 FAIR Seek explanation for Fair performance
3 GOOD Letter to the concerned for improving
performance in future
4 VERY GOOD No further action
iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be
examined. In case of satisfactory reply, Performance Rating data Sheet to be
closed with a letter to the concerned for improving performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following
actions need to be taken:
A) Where Performance rating is “POOR”:
Recommend such defaulting Vendor/ Supplier/Contractor/ Consultant for
putting on Holiday for a period from one to three years as given below:
(i) Poor Performance due to reasons other than Quality : One Year
(ii) Poor Performance on account of Quality (if any mark obtained
against Quality parameter is less than 30): Two Years
(iii) Poor Performance leading to termination of contract or Offloading
of contract due to poor performance solely attributable to Vendor/
Supplier/Contractor/ Consultant or Repeated Offence: Three
Years
Non performance of a Vendor/Supplier/Contractor/Consultant leading to
termination of Contract/ Order, such Vendor/ Supplier/
Contractor/Consultant are also to be considered for Suspension.
(B) Where Performance rating is “FAIR”:
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 168 of 180
Issuance of warning to such defaulting Vendor/ Supplier/Contractor/
Consultant to improve their performance.
5.2 FOR CONSULTANCY JOBS
Monitoring and Evaluation of consultancy jobs will be carried out in the same way as
described in para 5.1 for Projects.
5.3 FOR OPERATION & MAINTENANCE
i) Evaluation of performance of Vendors/ Suppliers/Contractors/ Consultants in case
of Operation and Maintenance shall be done immediately after execution of order/
contract.
ii) After execution of orders a Performance Rating Data Sheet (Format at Annexure-
2) shall be prepared for Orders by Site C&P and for Contracts/Services by
respective Engineer-In-Charge.
iii) Depending upon Performance Rating, following action shall be initiated:
Sl. No. Performance Rating Action
1 POOR Seek explanation for Poor performance
2. FAIR Seek explanation for Fair performance
3 GOOD Letter to the concerned for improving
performance in future.
4 VERY GOOD No further action
iv) Reply from concerned Vendor/ Supplier/Contractor/ Consultant shall be
examined. In case of satisfactory reply, Performance Rating data Sheet to be
closed with a letter to the concerned for improving performance in future.
v) When no reply is received or reasons indicated are unsatisfactory, the following
actions need to be taken:
A) Where performance rating is “POOR”
Recommend such defaulting Vendor/Supplier/Contractor/ Consultant for
putting on Holiday for a period from one to three years as given below:
(i) Poor Performance due to reasons other than Quality : One Year
(ii) Poor Performance on account of Quality (if any mark obtained
against Quality parameter is less than 30): Two Years
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 169 of 180
(iv) Poor Performance leading to termination of contract or Offloading
of contract due to poor performance solely attributable to
Vendor/Supplier/Contractor/Consultant or Repeated Offence:
Three Years
Non-performance of a Vendor/Supplier/Contractor/Consultant leading to
termination of Contract/ Order such Vendor/ Supplier/
Contractor/Consultant are also to be considered for Suspension.
(B) Where Performance rating is “FAIR”
Issuance of warning to such defaulting Vendors/Contractors/Consultants
to improve their performance.
6.0 REVIEW & RESTORATION OF PARITES PUT ON HOLIDAY
6.1 An order for Holiday passed for a certain specified period shall deemed to have been
automatically revoked on the expiry of that specified period and it will not be necessary
to issue a specific formal order of revocation.
Further, in case Vendor/ Supplier/Contractor/ Consultant is put on holiday due to quality,
and new order is placed on bidder after restoration of Vendor/ Supplier/Contractor/
Consultant, such order will be properly monitored during execution stage by the
concerned site.
7.0 EFFECT OF HOLIDAY
7.1 If a Vendor/ Supplier/Contractor/ Consultant is put on Holiday, such Vendor/
Supplier/Contractor/ Consultant shall not be considered in ongoing tenders/future tenders.
7.2 However, if such Vendor/ Supplier/Contractor/ Consultant is already executing any other
order/ contract and their performance is satisfactory in terms of the relevant contract,
should be allowed to continue till its completion without any further increase in scope
except those incidental to original scope mentioned in the contract. In such a case CPBG
will not be forfeited and payment will be made as per provisions of concerned contract.
However, this would be without prejudice to other terms and conditions of the contract.
7.3. Effect on other ongoing tendering:
7.3.1 after issue of the enquiry /bid/tender but before opening of Technical bid, the bid
submitted by the party shall be ignored.
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 170 of 180
7.3.2 after opening Technical bid but before opening the Price bid, the Price bid of the party
shall not be opened and BG/EMD submitted by the party shall be returned to the party.
7.3.3 after opening of price, BG/EMD made by the party shall be returned; the offer of the
party shall be ignored & will not be further evaluated. If errant party emerges as the
lowest (L1), then such tender shall also be cancelled and re-invited.
8.0 While putting the Vendor/ Supplier/Contractor/ Consultant on holiday as per the
procedure, the holding company, subsidiary, joint venture, sister concerns, group division
of the errant Vendor/ Supplier/Contractor/ Consultant shall not be considered for putting
on holiday list.
Any bidder, put on holiday, will not be allowed to bid through consortium route also in
new tender during the period of holiday.
9.0 If an unsuccessful bidder makes any vexatious, frivolous or malicious complaint against
the tender process with the intention of delaying or defeating any procurement or causing
loss to GAIL or any other bidder, such bidder will be put on holiday for a period of six
months, if such complaint is proved to be vexatious, frivolous or malicious, after
following the due procedure.
10. APPEAL AGAINST THE DECISION OF THE COMPETENT AUTHORITY:
(a) The party may file an appeal against the order of the Competent Authority for
putting the party on Holiday list. The appeal shall be filed to Appellate Authority.
Such an appeal shall be preferred within one month from the of receipt of Holiday
order.
(b) Appellate Authority would consider the appeal and pass appropriate order which
shall be communicated to the party as well as the Competent Authority.
(c) Appeal process may be completed within 45 days of filing of appeal with the
Appellate Authority.
(d) “Appellate Authority” shall mean Committee of Directors consisting of Director
(Finance) and Director (BD) for works centers under Director (Projects). For all
other cases committee of Directors shall consist of Director (Finance) & Director
(Projects).
11. ERRANT BIDDER
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 171 of 180
In case after price bid opening the successful bidder is not awarded the job for any
mistake committed by him in bidding or withdrawal of bid or modification of bid or
varying any term in regard thereof leading to re-tendering, GAIL shall forfeit EMD paid
by the bidder and such bidders shall be debarred from participation in re-tendering of the
same job(s)/item(s).
Further, such bidder will be put on holiday for a period of six months after following the
due procedure.
12. In case Service Tax department brings to the notice of GAIL that a Party has not paid to
the credit of the Government the Service Tax collected from GAIL, then party will be put
on holiday for a period of six months after following the due procedure.
Annexure-1
GAIL (India) Limited
PERFORMANCE RATING DATA SHEET
(FOR PROJECTS/ CONSULTANCY JOBS)
i) Project/Work Centre :
ii) Order/ Contract No. & date :
iii) Brief description of Items :
Works/Assignment
iv) Order/Contract value (Rs.) :
v) Name of Vendor/Supplier/ :
Contractor/ Consultant
vi) Contracted delivery/ :
Completion Schedule
vii) Actual delivery/ :
Completion date
Performance
Parameter
Delivery/ Completion
Performance
Quality
Performance
Reliability
Performance#
Total
Maximum Marks 40 40 20 100
Marks Allocated
Note:
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 172 of 180
Remarks (if any)
PERFORMANCE RATING (**)
Note :
(#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or
deviation beyond contract payment term or seeking direct payment to the sub-
vendor/sub-contractor due to financial constraints, then ‘0’ marks should be allotted
against Reliability Performance.
(*) Allocation of marks should be as per enclosed instructions
(**) Performance rating shall be classified as under :
Sl.
No.
Range (Marks) Rating Signature of
Authorised Signatory:
Name:
Designation:
1 60 & below POOR
2 61-75 FAIR
3 76-90 GOOD
4 More than 90 VERY
GOOD
Instructions for allocation of marks
1. Marks are to be allocated as under :
1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks
Delivery Period/ Delay in Weeks Marks
Completion Schedule
a) Upto 3 months Before CDD 40
Delay upto 4 weeks 35
” 8 weeks 30
” 10 weeks 25
” 12 weeks 20
” 16 weeks 15
More than 16 weeks 0
b) Above 3 months Before CDD 40
Delay upto 4 weeks 35
” 8 weeks 30
” 10 weeks 25
” 16 weeks 20
” 20 weeks 15
” 24 weeks 10
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 173 of 180
More than 24 weeks 0
1.2 QUALITY PERFORMANCE 40 Marks
For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks
i) Rejection/Defects Marks to be allocated on 10 marks
prorata basis for acceptable
quantity as compared to total
quantity for normal cases
ii) When quality Failure of severe nature 0 marks
failure endanger - Moderate nature 5 marks
system integration
- low severe nature 10-25 marks
and safety of the
system
iii) Number of 1. No deviation 5 marks
deviations 2. No. of deviations < 2 2 marks
3. No. of deviations > 2 0 marks
1.3 RELIABILITY PERFORMANCE 20 Marks
A. FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement,
PBG, Drawings and other documents within time
4 marks
ii) Mobilization of resources as per Contract and in
time
4 marks
iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS&E requirements
or
Reliability of Estimates/Design/Drawing etc. in
case of Consultancy jobs
4 marks
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 174 of 180
v) Timely submission of estimates and other
documents for Extra, Substituted & AHR items
4 marks
B. FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings
and other documents within time
5 marks
ii) Attending complaints and requests for after sales
service/ warranty repairs and/ or query/ advice
(upto the evaluation period).
5 marks
iii) Response to various correspondence and
conformance to standards like ISO
5 marks
iv) Submission of all required documents including
Test Certificates at the time of supply
5 marks
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 175 of 180
Annexure-2
GAIL (India) Limited
PERFORMANCE RATING DATA SHEET
(FOR O&M)
i) Location :
ii) Order/ Contract No. & date :
iii) Brief description of Items :
Works/Assignment
iv) Order/Contract value (Rs.) :
v) Name of Vendor/Supplier/ :
Contractor/ Consultant
vi) Contracted delivery/ :
Completion Schedule
vii) Actual delivery/ :
Completion date
Performance
Parameter
Delivery
Performance
Quality
Performance
Reliability
Performance#
Total
Maximum Marks 40 40 20 100
Marks Allocated
(*)
Remarks (if any)
PERFORMANCE RATING (**)
Note :
(#) Vendor/Supplier/Contractor/Consultant who seek repeated financial assistance or
deviation beyond contract payment term or seeking direct payment to the sub-
vendor/sub-contractor due to financial constraints, then ‘0’ marks should be allotted
against Reliability Performance
(*) Allocation of marks should be as per enclosed instructions
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 176 of 180
(**) Performance rating shall be classified as under :
Sl.
No.
Range (Marks) Rating Signature of
Authorised Signatory:
Name:
Designation:
1 60 & below POOR
2 61-75 FAIR
3 76-90 GOOD
4 More than 90 VERY
GOOD
Instructions for allocation of marks (For O&M)
1. Marks are to be allocated as under :
1.1 DELIVERY/ COMPLETION PERFORMANCE 40 Marks
Delivery Period/ Delay in Weeks Marks
Completion Schedule
a) Upto 3 months Before CDD 40
Delay upto 4 weeks 35
” 8 weeks 30
” 10 weeks 25
” 12 weeks 20
” 16 weeks 15
More than 16 weeks 0
b) Above 3 months Before CDD 40
Delay upto 4 weeks 35
” 8 weeks 30
” 10 weeks 25
” 16 weeks 20
” 20 weeks 15
” 24 weeks 10
More than 24 weeks 0
1.2 QUALITY PERFORMANCE 40 Marks
For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks
i) Rejection/Defects Marks to be allocated on 10 marks
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 177 of 180
prorata basis for acceptable
quantity as compared to total
quantity for normal cases
ii) When quality Failure of severe nature 0 marks
failure endanger - Moderate nature 5 marks
system integration - low severe nature 10-25 marks
and safety of the
system
iii) Number of 1. No deviation 5 marks
deviations 2. No. of deviations < 2 2 marks
3. No. of deviations > 2 0 marks
1.3 RELIABILITY PERFORMANCE 20 Marks
A. FOR WORKS/CONTRACTS
i) Submission of order acceptance, agreement,
PBG, Drawings and other documents within time
4 marks
ii) Mobilization of resources as per Contract and in
time
4 marks
iii) Liquidation of Check-list points 4 marks
iv) Compliance to statutory and HS&E requirements
or
Reliability of Estimates/Design/Drawing etc. in
case of Consultancy jobs
4 marks
v) Timely submission of estimates and other
documents for Extra, Substituted & AHR items
4 marks
B. FOR SUPPLIES
i) Submission of order acceptance, PBG, Drawings
and other documents within time
5 marks
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 178 of 180
ii) Attending complaints and requests for after sales
service/ warranty repairs and/ or query/ advice
(upto the evaluation period).
5 marks
iii) Response to various correspondence and
conformance to standards like ISO
5 marks
iv) Submission of all required documents including
Test Certificates at the time of supply
5 marks
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 179 of 180
ANNEXURE 28
FORMAT FOR PRE-BID QUERIES
TENDER No. : (E-Tender No.
SUBJECT : TIME CHARTER HIRING OF LNG VESSELS
Sl.
No.
Reference of the Tender Subject / Description of the
Tender
Bidder’s Query
Section/ Clause No Part No.
SIGNATURE OF BIDDER: ___________________________
NAME OF BIDDER : ___________________________
GAIL (India) Limited
Time Charter Hiring of LNG Vessels
Instructions to Bidders
TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 Page 180 of 180
ANNEXURE 29 – DELIVERY DATE OF OFFERED VESSELS
(Bidders are required to provide the details in terms of clause no. 3.3 of ITB)
Lot No. / Additional
Vessel No.
Vessel ID Cargo Capacity @
100% (m3 )
Date of Delivery of
Vessel offered
Lot No 1
Vessel 1
Vessel 2
Vessel 3
Lot No 2
Vessel 4
Vessel 5
Vessel 6
Lot No 3
Vessel 7
Vessel 8
Vessel 9
Additional Vessel 1 Vessel 10
Additional Vessel 2 Vessel 11
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