Annual Rate Contract for O&M Services for NCR GAS O&M ... - GAIL

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Subject to the above, the provisions of (Indian) Arbitration & Conciliation ACT 1996 and the Rules framed there under shall be applicable. All matter relating to this agreement is subject to the exclusive jurisdiction of the court situated in the state of Delhi. Bidders/suppliers/contractors may please note that the Arbitration & Conciliation Act 1996 was enacted by the Indian Parliament and is based on United Nations Commission on International Trade Law (UNCITRAL model law), which were prepared after extensive consultation with Arbitral Institutions and centers of International Commercial Arbitration. The United Nations General Assembly vide resolution 31/98 adopted the UNCITRAL Arbitration rules on 15 December 1976” 28.0 INCORPORATION CLAUSE: 28.1 GAIL can incorporate any condition, which is not envisaged here at the time of agreement which can be of sole interest/advantageous to GAIL. Interpretation of terms and conditions of the document as confirmed by GAIL shall be final and binding on the contractor. 29.0 FORCE MAJEURE: 29.1 In the event of either party being rendered unable by Force Majeure to perform any obligation as required under this contract, the relative obligation of the party affected by such force majeure shall, after notice under this article be suspended for the period during which such cause lasts. The term “Force Majeure” as employed herein shall mean acts of God, wars (declared or undeclared), riots or civil commotion, fires, floods and notices, acts and regulations of the Government of India or State Government of any of statutory agencies. Upon the occurrences of such cause and upon its termination, the party alleging that it has been rendered unable as aforesaid, thereby shall notify the other party in writing immediately but not later than twenty four (24) hours of the alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of its claim. During the period, the obligations of the parties are suspended by force majeure, the Contractor shall not be entitled to payment at any rate. In the event of force majeure conditions continuing or reasonably expected to continue for a period more than fifteen (15) days, GAIL shall have the option of terminating the contract agreement by giving seven (7) days notice thereof to the Contractor. If this agreement is so terminated, both parties shall pay to the other party, the amount payable upto the date of occurrence of such force majeure. 30.0 COMPLIANCE WITH REGULATIONS 30.1 The Contractor/Agency shall have its own staff for the contractual jobs. The Contractor/Agency shall be responsible for strict compliances of all statutory provisions of the relevant labour laws applicable from time to time for carrying out the above job. If due to any reason whatsoever GAIL is made liable to meet any obligation under any of the said laws and enactments etc, for any reason whatsoever, the same shall be recovered from the Security Deposit of the Contractor with GAIL or from the bills payable to him OR failing which, it shall be recovered as per law. Tender/Bid Document No: GAIL/NCR/C&P/6114 ARC for O&M Services 110
30.2 The Contractor shall have a separate PF-Account Code No. allotted by the PF authority and ensure the extension of PF EDLI & EPS-95 benefits to its workers engaged by him for execution of this contract, as provided under Employees Provident Fund & Miscellaneous Provision Act-1952, and the schemes framed there under. The contractor shall have an independent ESI code and ensure coverage of all its workmen. 30.3 The Contractor shall comply with provision of the Payment of Wages Act- 1936, the Minimum Wages Act 1948, the Employees Provident Fund & Misc. Provision Act-1952, the ESI Act-1948, the Employees Liability Act-1938, the Workmen’s Compensation Act-1923, the ID Act-1947, the Maternity Benefit Act 1961, the Contract labour (Regulation & Abolition) Act 1970, Delhi Shops & Est. Act or any modification thereof or any other law relating to rules made there under from time to time. 30.4 The Contractor shall make payments of wages to his employees on or before the specified dates as per in the relevant law, in presence of an authorized representative of GAIL. The Contractor will be required to comply with all statutory provisions contained in Labour Legislations in general and Contact Labour (R&A) Act, 1970, Minimum Wages Act and Payment of Wages Act in particular. 30.5 The Contractor will employ only adult male and female labour for the works as per the requirement. 30.6 The Contractor shall abide by all the rules and regulations including the Minimum Wages Act in respect of the personnel engaged by him and the contractor shall be wholly responsible for his employees with regard to the applicability of PF, Gratuity, medical & insurance etc. & any other statutory provision of that may be enforced from time to time, GAIL will not be responsible in any way for the payment on these accounts. Any labour or staff related problems disputes if any,will be the sole responsibility of Contractor & he has to indemnify GAIL from above claim or fine etc. imposed by any private or Government body. All the labour laws should be complied with and shall be the sole responsibility of the Contractor. 30.7 The contractor shall be responsible for necessary contributions towards PF, Family Pension, ESIC, or any other statutory payment to Government Agencies as applicable under the law in respect of the contract and of personnel employed by the Contractor for rendering service to GAIL and shall deposit the require amounts with the concerned statutory authorities on or before due dates. Each contractor shall obtain a separate P.F. number from the concerned Regional Provident Fund Commissioner and submit necessary proof of having deposited the employees as also the employer’s contributions to the Provident Fund. The contractor shall also be responsible for payment of any Tender/Bid Document No: GAIL/NCR/C&P/6114 ARC for O&M Services 111
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GAIL (India) Limited (A Govt. of In
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GAIL will appreciate submission of
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• PART- B PRICED BID It should co
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I Section 1 Cut-out slips TABLE OF
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DO NOT OPEN- THIS IS A QUOTATION Bi
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PART- B (PRICE BID) Bid Document No
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Section 2 Instructions to Bidders T
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A. General 1. Scope of Bid The Empl
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The Employer may conduct a Site vis
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Bid security in accordance with Cla
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14. Bid Security 14.1 Pursuant to C
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17. E-Payment GAIL (India) Limited
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22.1 Unpriced Bid Opening: GAIL wil
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31. Purchase Preference 31.1 Purcha
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Section - 3 General Conditions of C
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1.1.11 The "SPECIFICATION" shall me
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2. General Information SECTION-II G
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CONTRACTOR shall at his own cost co
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corner and signed wherever required
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9 Right of Employer to Accept or Re
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17 Award of Contract: 17.1 The Acce
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22.4 Wherever it is mentioned in th
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equired for mobilisation testing, r
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a) TO DETERMINE THE CONTRACT in whi
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32(B) TERMINATION OF CONTRACT IN CA
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at the SITE during the previous mon
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the address furnished by the CONTRA
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46 Payment if the contract is termi
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55 Execution of work: Tender/Bid Do
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Page 63 and 64: viii) None of the materials supplie
Page 65 and 66: The CONTRACTOR shall provide assist
Page 67 and 68: 80.3 LIMITATION OF LIABILITY Notwit
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Page 71 and 72: Board Charges, if levied on materia
Page 73 and 74: omission by EMPLOYER to reject any
Page 75 and 76: of the CONTRACT or any part thereof
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Page 79 and 80: nationalised insurance company from
Page 81 and 82: a default or breach of any of the p
Page 83 and 84: 107 Arbitration: SECTION-IX APPLICA
Page 85 and 86: iii) Barricades and hazardous areas
Page 87 and 88: made for prompt first aid treatment
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Page 91 and 92: 1. Introduction SCOPE OF WORK/ SUPP
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Page 95 and 96: 4.4.2.2 Electrical works: Maintena
Page 97 and 98: .23 Instrumentation tubing and wiri
Page 99 and 100: Section - 5 Special Conditions of C
Page 101 and 102: 2.0 ORDER OF PRECEDENCE In the case
Page 103 and 104: 9.4 All charges such as wages and o
Page 105 and 106: lawful demand of sub-contractor's w
Page 107 and 108: 24.8 The contractor shall be respon
Page 109: 24.31 Contractor has to submit the
Page 113 and 114: 33.6 The rates quoted by the Bidder
Page 115 and 116: 44.2 The contractor shall not emplo
Page 117 and 118: 48. Estimated Resource Utilization
Page 119 and 120: A. WORK POINTS UNDER NCR GAS-O&M 1.
Page 121 and 122: 7.8 Swastic Pipes Ltd. Terminal, Sw
Page 123 and 124: Tender/Bid Document No: GAIL/NCR/C&
Page 127 and 128: Section - 6 (BID FORM / SCHEDULES O
Page 139 and 140: Section - 7 Proforma of Performance
Page 141 and 142: fullest liberty, without affecting
Page 143 and 144: Bid Security Form REF : To GAIL (IN
Page 147 and 148: BRIEF SUMMARY OF AGREED TERMS AND C
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Page 151 and 152: To GAIL (India) Limited, Tender/Bid
Page 153 and 154: Descriptio n of the work Location o
Page 155 and 156: Full Postal Address and phone nos o
Page 157 and 158: LOA No.: GAIL/NCR/C&P/ Tender/Bid D
Page 159 and 160: at any time without assigning any r
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Tender/Bid Document No: GAIL/NCR/C&
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Annual Rate Contract for O&M Services for NCR GAS O&M ... - GAIL

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