FMS - GAIL

5. Transfer of Tender
Documents:
their names, occupation and address shall be stated below their signature.
4.7 Details of Experience: The tenderer should furnish, alongwith his tender,
details of previous experience in having successfully completed in the
recent past works of this nature, together with the names of Employers,
location of sites and value of contract, date of commencement and
completion of work, delays if any, reasons of delay and other details
alongwith documentary evidence(s).
4.8 Liability of Government of India: It is expressly understood and agreed by
and between Bidder or/Contractor and M/s GAIL (India) Limited, and
that M/s 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 M/s GAIL (India)
Ltd. 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/Contractor
expressly agrees, acknowledges and understands that M/s 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/Contractor hereby expressly waives, releases and foregoes any
and all actions or claims, including cross claims, impleader claims or
counter claims against the Government of India arising out of this
contract and covenants not to sue to Government of India as to any
manner, claim, cause of action or thing whatsoever arising of or under
this agreement.
5.1 Transfer of Tender Documents purchased by one intending tenderer to
another is not permissible.
6. Earnest Money: 6.1 The bidder must pay Earnest Money as given in the letter /notice
inviting tenders and attach the official receipt with the tender failing
which the tender is liable to be rejected and representatives of such
tenderers will not be allowed to attend the tender opening. Earnest
Money can be paid in Demand Drafts or Bank Guarantee or Banker’s
Cheque or Letter of Credit from any Indian scheduled bank or a
branch of an International bank situated in India and registered with
Reserve Bank of India as scheduled foreign bank. However, other
than the Nationalised Indian Banks, the banks whose BGs are
furnished, must be commercial banks having net worth in excess of
Rs. 100 crores and a declaration to this effect should be made by
such commercial bank either in the bank guarantee itself or
separately on a letter head.
The bid guarantee shall be submitted in the prescribed format .
Note: The Bank Guarantee so furnished by the tenderer shall be in the
proforma prescribed by the EMPLOYER. No interest shall be paid by
the EMPLOYER on the Earnest Money deposited by the tenderer.
The Bank Guarantee furnished in lieu of Earnest Money shall be kept
valid for a period of "SIX MONTHS" from the date of opening of
tender.(TWO MONTHS beyond the bid validity).
The Earnest Money deposited by successful tenderer shall be forfeited
if the Contractor fails to furnish the requisite Contract Performance
Security as per clause 24 hereof and /or fails to start work within a
period of 15 days or fails to execute the AGREEMENT within 15 days
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