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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)


Time Charter Hiring of LNG Vessels

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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:


https://etender.gail.co.in/

http://eprocure.gov.in/




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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: [email protected]

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: [email protected]

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”)



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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




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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 ……….”.



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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.



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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


(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 : [email protected]

mailto:[email protected]



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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



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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



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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



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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.



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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.



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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:



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“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.



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“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.



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“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: [email protected] )

(ii) Shri Anil Kumar (email id: [email protected] )



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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

http://www.gailtenders.in/




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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;

http://www.gailonline.com/



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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



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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.



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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.



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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



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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.



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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.



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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.



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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: -----------------------------



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ANNEXURE 3 – OFFER LETTER

[On Bidder’s Letterhead]

Date: __________

To


16, Bhikaiji Cama Place, R.K.Puram,


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:



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ANNEXURE 4 – OFFER OUTLINE



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)



of 180


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


Indian Shipyard and


Overseas Shipyard)

Yes/ No

Bidder is willing to accept

order for Additional Vessel 1

without a Lot being awarded

to them

Yes/ No


order for Additional Vessel 2

without a Lot being awarded

to them

Yes/ No


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)



of 180


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



of 180


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



of 180


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.



Instructions to Bidders

TENDER NO.: GAIL/ND/BD/C&P/S123/8000008476 E-Tender No. 8000008476 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





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





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





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).





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





Speed

(kts)

Guaranteed Fuel Consumption excluding MDO for pilot fuel

Laden Ballast

Max. average daily fuel consumption

(MT)


(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





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





*Amounts quoted should be independent of (and excluding) amounts of HFO quoted in Table C for

Vessels with SSGI propulsion system.





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


(MT)


(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





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





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





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





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


Escalation rate per annum on

Opex

(in % )

(in figures) (in words) (in figures) (in words)

Lot 1

Vessel 1 In figures:

In words:


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.






Quoted

for Lot

Vessel

ID

Capacity

in cubic

meter



Opex



Opex (in % )


Lot 2

Vessel 4 In figures

In words:


In words:


In words:



(two) decimals.






Quoted

for Lot

Vessel

ID

Capacity

in cubic

meter



Opex



Opex

(in % )


Lot 3


In words:


In words:


In words:



(two) decimals.





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).





SCHEDULE OF RATES FOR FIRST ADDITIONAL VESSEL FROM INDIAN SHIPYARD

Vessel ID C

apac

ity i

n c

ubic

met

er



Opex


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:





SCHEDULE OF RATES FOR ADDITIONAL VESSEL FROM OVERSEAS SHIPYARD

Vessel ID

Cap

acit

y i

n

cubic

met

er Fixed Daily Hire Rate


Opex


Escalation rate per

annum on Opex

(in % )

(in figures)

(in words)

(in figures)

(in figures)

Additional

Vessel 2 Vessel 11 In figures:

In words:





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.





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:





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





(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.





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





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





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





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)





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)





∑ ∑ ∑

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


FCLi = Heavy Fuel Oil Oil consumption per day at different speeds and anchorage provided by


FCPi = Heavy Fuel Oil 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)



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


DCLi = Marine Diesel Oil consumption per day at different speeds and anchorage provided by


DCPi = Marine Diesel Oil consumption per day at loading & discharge port provided by Bidder

at Annexure-8








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






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.





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)


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)





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



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.





(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.





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%





MEMBRANE TYPE CONTAINMENT SYSTEM (CC)


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%





ANNEXURE 12 – PORT CALL CHARGES

MEMBRANE TYPE CONTAINMENT SYSTEM


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%





MOSS TYPE CONTAINMENT SYSTEM


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%





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.





S.

No.


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.

…….





S.

No.


Confirmation

/Reply

(Refer clause no. 1(vii) of Annexure 10).

Note: Not applicable where the SPC is incorporated in India.

Name : ....................

Designation : ....................

Seal : ....................





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: . . . . . . . . . . . . . . . . . . .





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.





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





ANNEXURE 15 - FORMAT OF THE LETTER FROM INTENDED LENDERS TO THE

BIDDER

[To be provided on Owner’s Lender’s Letterhead]


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





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:





ANNEXURE 16 - FORMAT FOR DECLARATION OF CHANGE OF MAJORITY

SHAREHOLDER IN SPC IN CASE OF AWARD

To,


16, Bhikaiji Cama Place


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 #4

Vessel #5

Vessel #6





Lot 3


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)





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)


New Delhi, India

E-mail : [email protected]/[email protected]

Fax : (+91) 11 26185941 Extn 00502#

(+91) 11 26185941 Extn 05088#


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 : ....................





ANNEXURE-18

FORMAT FOR CHARTERED ACCOUNTANT CERTIFICATE FOR FINANCIAL

CAPABILITY OF THE BIDDER



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.





Annexure 19

NO DEVIATION CONFIRMATION

To,



New Delhi- 110066

India



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 : ....................





ANNEXURE - 20

DECLARATION

To Date:



R.K.Puram,

New Delhi- 110066



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





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: …………………………………………………………





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)



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: …………………………………………………………





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:

……………

……………



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:

……………

……………



R. K. Puram, New Delhi – 110 066

Ph. (+91)11-26182955, Fax. 011-26185941





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



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.





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: ___________________





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.





ANNEXURE - 23 (B)

PROFORMA OF "LETTER OF CREDIT" FOR "EARNEST MONEY / BID

SECURITY"

To:

M/s GAIL (India) Limited



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: ………………………………………….





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





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





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





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.





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. _________________________





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





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.





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





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?

http://www.cca.gov.in/

http://www.ncodesolutions.com/

http://www.sifycorp.com/

http://www.tcs-ca.tcs.co.in/

http://www.e-mudhra.com/

http://www.nicca.nic.in/

http://www.idrbtca.org.in/





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.





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.





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





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.





ANNEXURE 26

PROCEDURE FOR ACTION IN CASE

CORRUPT/FRAUDULENT/COLLUSIVE/COERCIVE PRACTICE





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,





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





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.





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:





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





provisions of ‘Procedure for action in case of Corrupt/Fraudulent/ Collusive/Coercive

Practice’ shall prevail.





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





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.





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”:





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





(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.





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





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


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:





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


” 8 weeks 30

” 10 weeks 25

” 16 weeks 20

” 20 weeks 15

” 24 weeks 10






1.2 QUALITY PERFORMANCE 40 Marks

For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks

i) Rejection/Defects Marks to be allocated on 10 marks

prorata basis for acceptable

quantity as compared to total

quantity for normal cases

ii) When quality Failure of severe nature 0 marks

failure endanger - Moderate nature 5 marks

system integration

- low severe nature 10-25 marks

and safety of the

system

iii) Number of 1. No deviation 5 marks

deviations 2. No. of deviations < 2 2 marks

3. No. of deviations > 2 0 marks

1.3 RELIABILITY PERFORMANCE 20 Marks

A. FOR WORKS/CONTRACTS

i) Submission of order acceptance, agreement,

PBG, 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

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





Annexure-2


PERFORMANCE RATING DATA SHEET

(FOR O&M)

i) Location :

ii) Order/ Contract No. & date :

iii) Brief description of Items :

Works/Assignment

iv) Order/Contract value (Rs.) :

v) Name of Vendor/Supplier/ :

Contractor/ Consultant

vi) Contracted delivery/ :

Completion Schedule

vii) Actual delivery/ :

Completion date

Performance

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





(**) 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


” 8 weeks 30

” 10 weeks 25

” 12 weeks 20

” 16 weeks 15


b) Above 3 months Before CDD 40


” 8 weeks 30

” 10 weeks 25

” 16 weeks 20

” 20 weeks 15

” 24 weeks 10


1.2 QUALITY PERFORMANCE 40 Marks

For Normal Cases : No Defects/ No Deviation/ No failure: 40 marks

i) Rejection/Defects Marks to be allocated on 10 marks





prorata basis for acceptable

quantity as compared to total

quantity for normal cases

ii) When quality Failure of severe nature 0 marks

failure endanger - Moderate nature 5 marks

system integration - low severe nature 10-25 marks

and safety of the

system

iii) Number of 1. No deviation 5 marks

deviations 2. No. of deviations < 2 2 marks

3. No. of deviations > 2 0 marks

1.3 RELIABILITY PERFORMANCE 20 Marks

A. FOR WORKS/CONTRACTS

i) Submission of order acceptance, agreement,

PBG, 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





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





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 : ___________________________





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