M/s H-ENERGY GATEWAY PRIVATE LTD (HGPL)

INSTRUCTIONS TO BIDDER (ITB)

FOR

APPOINTMENT OF CONTRACTOR FOR COMPOSITE TENDER OF TERMINAL

WORKS FOR WESTERN GATEWAY PROJECT EARLY PRODUCTION FACILITIES

TENDER REFERENCE NO: HGPL/COMPOSITE/00125/2017

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 TABLE OF CONTENTS

A GENERAL ............................................................................................................................................... 3
1.0 INTRODUCTION ...................................................................................................................................3
2.0 DISCLAIMER .........................................................................................................................................3
3.0 DEFINITIONS .........................................................................................................................................4
4.0 ELIGIBLE BIDDERS: .............................................................................................................................4
5.0 COST OF BIDDING ................................................................................................................................4
6.0 ACKNOWLEDGEMENT & CONFIRMATION ....................................................................................5
7.0 SPLIT-UP OF WORK..............................................................................................................................5
8.0 SITE VISIT ..............................................................................................................................................5
B BIDDING DOCUMENT, CLARIFICATIONS AND AMENDMENT ............................................ 5
9.0 BIDDING DOCUMENT .........................................................................................................................5
10.0 CLARIFICATION OF BIDDING DOCUMENT ....................................................................................6
11.0 AMENDMENT OF BIDDING DOCUMENT .........................................................................................6
12.0 CONFIDENTIALITY OF BIDDING DOCUMENT ...............................................................................6
C PREPARATION OF BID ....................................................................................................................... 6
13.0 LANGUAGE OF BID ..............................................................................................................................6
14.0 COMPLIANCE TO BID REQUIREMENT .............................................................................................6
15.0 DOCUMENTS COMPRISING BID ........................................................................................................7
16.0 BID PRICES ............................................................................................................................................9
17.0 CURRENCIES OF BID & PAYMENT ...................................................................................................9
18.0 BID VALIDITY .......................................................................................................................................9
19.0 BID SECURITY / EARNEST MONEY DEPOSIT (EMD) .....................................................................9
20.0 FORMAT AND SIGNING OF BID ....................................................................................................... 11
D BID SUBMISSION .......................................................................................................................... 11
21.0 MODIFICATION AND WITHDRAWAL OF BIDS ............................................................................. 11
E BID OPENING AND EVALUATION ............................................................................................. 11
22.0 EVALUATION OF TECHNO-COMMERCIAL BIDS ......................................................................... 11
23.0 CLARIFICATION OF BIDS ................................................................................................................. 11
24.0 UNSOLICITED POST TENDER MODIFICATIONS .......................................................................... 12
25.0 COMPLETE SCOPE OF WORK .......................................................................................................... 12
26.0 EVALUATION AND AWARD OF CONTRACT ................................................................................ 12
27.0 NOTIFICATION OF AWARD .............................................................................................................. 12
28.0 CONTRACT AGREEMENT ................................................................................................................. 12
29.0 CORRUPT AND FRAUDULENT PRACTICES .................................................................................. 13
30.0 GOVERNING LAW .............................................................................................................................. 13
31.0 BUSINESS ETHICS .............................................................................................................................. 14
32.0 CONFIDENTIALITY ............................................................................................................................ 15
ANNEXURE – I (SELF – DECLARATION (BUSINESS ETHICS) ....................................................... 16

ANNEXURE – II (CONFIDENTIALITY AGREEMENT) ......................................................................... 17

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A GENERAL
1.0 INTRODUCTION
1.1 “HGPL, Owner, Company” means M/s H-Energy Gateway Private Ltd (HGPL), a
company incorporated in India and having its registered office at 514, Dalamal
Towers, Nariman Point, Mumbai – 400 021 .
1.2 “EIL, EPCM, PMC, Consultant ” means Engineers India Limited, a company
incorporated in India and having its registered office at 1, Bhikaiji Cama Place,
New Delhi – 110066. EIL has been appointed by HGPL as the EPCM Consultant
for the subject Project. EIL is the Engineer-in-Charge for the project.
2.0 DISCLAIMER
2.1 The Tender Document does not purport to contain all the information each Bidder
may require to submit the Bid. Bidder should conduct its own due diligence and
should check the accuracy, reliability and completeness of the information in the
Tender Document and obtain independent advice from appropriate sources.
2.2 No representation whatsoever is made or warranty given by HGPL through the
Tender Document. In particular, no representation is made that any letter of award
shall be issued or Agreement will be executed pursuant to the Bid Document.
HGPL, 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 HGPL 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
Tender Document.
2.3 Neither HGPL 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 Tender 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 HGPL or its employees, agents, advisors or
consultants or otherwise arising in any way from the selection process for the
award of the contract.
2.4 The Bidder should ensure that the Tender Document is complete in all respects.
In the event that the Tender Document or any part thereof is mutilated or missing,
the Bidder must notify the contact person(s) of HGPL immediately. If no intimation
is received by HGPL within 7 (seven) days from the date of issue of the Bid
Document, then it shall be deemed that the Tender Document is complete in all
respects. 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.
2.5 HGPL 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.
2.6 The Tender Document (and all information contained herein) is confidential and is
for the exclusive use of the Bidders. The Tender Document shall not be copied or
distributed to third parties.
2.7 HGPL reserves the right to change, modify, add to or alter the bidding process

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 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. For the
avoidance of doubt, it is clarified that if at any time after the date of the Tender
Document and prior to the execution of Agreement, there is any change in policy
of the Government of India, law or regulations affecting the selection process, or
any part of the Tender Document or HGPL's rights or obligations, HGPL 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
HGPL 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 Tender
Document / bidding process as so amended, altered, modified or supplemented.
3.0 DEFINITIONS
3.1 With respect to this document, the following definitions shall apply:
 “Instructions to Bidders” (ITB) shall mean the documents describing the
manner in which Bidder shall prepare and submit his bid.
 “Letter Inviting Bid” (LIB) shall mean request to Bidder for a Bid/ Tender
together with the Bidding Document.
 “Tender” or “Bid” shall mean Bidder‟s offer to perform the Work, in
accordance with Bidding Document.
 “Tender Document” or “Bidding Document” shall mean the documents
issued to the bidder including any subsequent addenda to enable bidder
submit his Bid.
 “Bidder” or “Tenderer” shall mean the person or company who receives the
Tender Document or Bidding Document and submits Tender or Bid.
 “Bid Due Date” shall mean final Bid Due Date including it‟s extension, if any.
 “day” means calendar day.
3.2 It shall be bidder's responsibility to have thorough understanding of the reference
documents, site conditions and specifications included in the Bidding Document.
4.0 ELIGIBLE BIDDERS:
4.1 Bidder shall, as part of their bid, submit a written Power of Attorney authorizing the
signatory of the Bid to commit the bidder.
4.2 Bidder should not be under liquidation, court receivership or similar proceedings.
In case Bidder is under liquidation, court receivership or similar proceedings, the
offer submitted by such Bidder shall be rejected.
4.3 The bidder shall not be on Holiday / negative / Suspension / Banning list of
Owner/ EIL as on the due date of submission of bid. If the documents were issued
inadvertently / downloaded from website, offers submitted by such bidders shall
not be considered for opening / evaluation / award.
4.4 If the Bidder is placed on holiday / negative / Suspension / Banning list of
Owner/EIL after opening of unpriced bids but before opening of price bids, further
evaluation shall be stopped and the corresponding price bid will not be opened.
4.5 Company reserve the right to select successful bidders at its own discretion and in
line with Company‟s selection criteria and same shall be bidding on all bidders.
5.0 COST OF BIDDING
5.1 The Bidder shall bear all costs associated with the preparation and delivery of its

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 bid, including costs and expenses related to visits to the site and the Owner / EIL
will in no case be responsible or liable for these costs regardless of the outcome
of the bidding process.
6.0 ACKNOWLEDGEMENT & CONFIRMATION
6.1 After downloading of Bidding Document, Bidder shall immediately acknowledge
and confirm his intention to bid for the tendered work. Bidder also must intimate
their intention of not quoting if they are not submitting the Bid.
7.0 SPLIT-UP OF WORK
7.1 No Split up of work is envisaged. Total work shall be awarded to one Bidder only.
8.0 SITE VISIT
8.1 Location of site - The site(s) are located in the state of Maharashtra
8.2 Bidder is advised to visit and examine the site, its surroundings and familiarise
himself with the existing facilities and environment, and collect all other
information which he may require for preparing and submitting the bid and
entering into the Contract. Claims and objections due to ignorance of existing
conditions or inadequacy of information will not be considered after submission of
the Bid and during implementation.
8.3 Any loss to the property / life of the visitor due to visitor‟s negligence shall be the
visitor‟s responsibility. Visitor shall keep Owner / EIL indemnified from any legal
consequences arising there from.
8.4 Bidder may contact the following person for site visit purpose :
Mr. Vivek Mehrotra,
Vice President – Procurement & Contracts
Email: vmehrotra@in.henergy.com
Tel No: +91 22 25715118
Address:
M/s H-Energy Gateway Pvt. Ltd.
12th Floor Knowledge Park, Hiranandani Business Park, Powai,
Mumbai – 400076

AND CC to:
Mr. Raghunath Aparaj,
DGM- Procurement & Contracts
Email: raparaj@in.henergy.com
Tel No: +91 22 25715282
Address:
M/s H-Energy Gateway Pvt. Ltd.
12th Floor Knowledge Park, Hiranandani Business Park, Powai,
Mumbai – 400076

B BIDDING DOCUMENT, CLARIFICATIONS AND AMENDMENT

9.0 BIDDING DOCUMENT
The Bidding Document should be read in conjunction with any amendment issued
subsequently.
Bidder shall submit the Master Index of the bidding document duly signed in token
of having received, read and complied to all parts of Bidding Document. The
Bidding Document shall be read in conjunction with any Amendment.
9.1 The Bidder is expected to examine the Bidding Document, including all

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 instructions, forms, terms, specifications and drawings in the Bidding Document.
Failure to furnish all information required as per the Bidding Document or
submission of a bid not substantially responsive to the Bidding Document in every
respect may result in the rejection of the Bid.
10.0 CLARIFICATION OF BIDDING DOCUMENT
10.1 Although the details presented in this Bidding document consisting of General
Conditions of Contract, Special Conditions of Contract, Scope of Work, Technical
Specifications and Drawings have been compiled with all reasonable care, it is the
Bidder‟s responsibility to ensure that the information provided is adequate and
clearly understood and it includes all documents as per the Index.
11.0 AMENDMENT OF BIDDING DOCUMENT
11.1 Owner may, for any reason whether at his own initiative or in response to the
clarification requested by the prospective bidder(s), issue amendment in the form
of Addendum during the bidding period or subsequent to receiving the bids. Any
Addendum thus issued shall become part of Bidding Document and Bidder shall
e-mail a copy of the Addendum duly signed in token of his acceptance.
11.2 In case Addendum is issued during the bidding period, Bidder shall consider its
impact in his bid. In case Addendum is issued subsequent to receipt of bids,
Bidder shall follow the instructions issued along with Addendum with regard to
submission of impact on quoted price / revised price, if any.
11.3 Owner shall not be responsible, if bidder has missed out the amendment(s),
issued thru e-mail.
12.0 CONFIDENTIALITY OF BIDDING DOCUMENT
12.1 The Bidding Document is and shall remain the exclusive property of the Owner
without any right to Bidder to use them for any purpose except for the purpose of
Bidding.
12.2 On no account will any agency to whom Bidding Documents is issued, part with
possession thereof or copy or take copies or tracings of any drawing, plan etc. It
should be understood that the information therein is confidential, and that the
Bidding Documents are therefore being issued to bidders in the strictest
confidence.
C PREPARATION OF BID
13.0 LANGUAGE OF BID
13.1 The Bid prepared by the Bidder, all correspondence and documents relating to the
bid exchanged by the Bidder and the Employer/PMC shall be written in the
English language. Any printed literature/certificate/any other document furnished
by the Bidder may be in another language, provided they are accompanied by an
accurate translation of the relevant passages in the English language, in which
case, for purpose of interpretation of the Bid the English translation shall prevail.
14.0 COMPLIANCE TO BID REQUIREMENT
14.1.1 Bidder to note that bid evaluation may be carried out without any post-bid
correspondence. In view of the same, Bidder in his own interest is advised not to
submit any deviation. Owner reserves right to carry out bid evaluation with
available information in the bid without any post-bid correspondence.
14.1.2 Accordingly, Bidder must submit format for “Compliance to Bid requirement” duly
filled in along with Unpriced part of Bid.
14.1.3 In case Bidder stipulate deviations, Owner have the right to reject such bid at its

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 absolute discretion without giving any opportunity for such Bidder to make good
such deficiency.
14.1.4 Any deviation, if unavoidable, should be furnished along with Cost impact in
Form-B1 (attached) for consideration of Owner during evaluation of bid.

14.1.5 Exception/ Deviations submitted in any other form shall not be considered.

14.1.6 In case bidder submit the deviations without any cost impact, the bid of
such bidder shall be liable for rejection

15.0 DOCUMENTS COMPRISING BID

15.1 Un-priced bids and Priced bids, as follows, shall be submitted to HGPL’s
office.
15.2 The Bid shall be submitted in two parts viz. PART-I, & PART-II: This Tender is
invited in a "Two Bid System" under which “Techno-commercial (Unpriced)” and
“Commercial (Priced)” bids are to be submitted separately in sealed covers. Both
Techno-Commercial (Unpriced) and Commercial (Priced) bids have to be kept in a
separate sealed cover and the cover superscribed as “Techno-commercial” or
“Commercial”. Both the said sealed covers shall again be kept in a third cover or
box duly sealed and superscribed as:

Tender No:
Bid due date:
Description:
Bidder‟s Name:

i) PART – I - Un-priced Techno-commercial Bid in appropriate number of

sets specified below to be submitted at the following address:
Part I
Original + 3 Copies and 1 no. CD
Mr. Vivek Mehrotra,
Vice President – Procurement & Contracts
Email: vmehrotra@in.henergy.com
Tel No: +91 22 25715118
Address:
M/s H-Energy Gateway Pvt. Ltd.
12th Floor Knowledge Park, Hiranandani Business Park, Powai,
Mumbai - 400076

In case of any difference in hard copy and scanned copy of bid in CD, hard copy offer
submitted by the bidder shall prevail.

ii) PART – II - Priced Bid in appropriate number of sets specified below to be

submitted at the following address:
Part II (1 Original)
Mr. Vivek Mehrotra, Vice President – Procurement & Contracts
Email: vmehrotra@in.henergy.com
Tel No: +91 22 25715118
Address:
M/s H-Energy Gateway Pvt. Ltd.
12th Floor Knowledge Park, Hiranandani Business Park, Powai,

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 Mumbai – 400076
15.3 PART- I
15.3.1 This Part shall contain scanned copies of Earnest Money Deposit / Bid Security,
as per provisions of the bid document.
15.3.2 Further, this part shall also contain scanned copies of Technical and Unpriced
Commercial bid, which shall comprise the following, and shall be serially
numbered and arranged in the order :
 Covering letter of Bid on bidder‟s letter head.
 Exact Unpriced copy of Price Bid in price schedule format issued with the
enquiry document duly indicating „Q‟ in place of “price” and „NQ‟ where “not
quoted” against each item where price to be quoted.
 Master Index and copies of all technical and commercial
amendments/addendums issued (if any), duly e-signed as a token of having
received and read all parts of the bidding document and having accepted and
considered the same in preparing their bid.
 Power of Attorney in favour of Authorized signatory of the bid.
 Bidders General Information as per Form–H to ITB.
 Details of experience meeting the Experience / Technical Criteria by the
Bidder as per Form-A to ITB along with copies of all the relevant documents
towards meeting the Experience / Technical Criteria, wherever applicable.
 Financial Details (Annual Turnover & Networth) as per Annexure to IFB
(wherever applicable) along with copies of Auditor‟s report, Balance Sheet,
Profit & Loss Account Statement and all other schedules for the immediate
three preceding financial years.
 Compliance to Bid requirement as per Form-B to ITB or Deviation format as
per Form B1.
 Commercial Questionnaire as per Form-D to ITB.
 Declaration by Bidder as per Form-F to ITB.
 Details of P.F. and ESI Registration as per Form-G(1) to ITB.
In case Bidders establishment is not registered with PF & ESI Authorities,
the Bidder shall furnish an undertaking, as per Form-G (2) to ITB, that in
the event their establishment falls under the purview of PF & ESI Act
during the execution of Contract then the Bidder shall get their
establishment registered under PF & ESI and they shall also be solely
responsible to fulfil the obligation of PF & ESI at no extra cost to Owner /
EIL.
 Bank Account Particulars as per Form-I to ITB.
 “Declaration of credit input in bid price as per Form – L to ITB.
 Organization details
 In case of a proprietorship firm, the name and address of proprietor and
copy of Bank Account Details.
 In case Bidder is a partnership firm, copy of the partnership deed.

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  In case of company (whether private or public), copy of the `Certificate
of Incorporation' together with certified Memorandum/ Articles of
Association
 As a token of confirmation that prices are quoted in the requisite format
strictly complying to the requirement, unpriced copy of Schedule of Rates
[all forms of Schedule of Rates] as submitted in the price bid, with quoted
prices being replaced by word “quoted”, shall be submitted along with the
un-priced bid.
 Self-certificate certifying that Bidder is not under liquidation, court
receivership or similar proceedings.
 Any other information required in the Bidding Documents or considered
relevant by the bidder.
15.4 PART - II - PRICE BID
This Part shall contain duly filled in Schedule of Rates.
Deviation to terms and conditions, presumptions etc. shall not be stipulated in
Price part of bid. In case of any conditions stipulated in price bids, the bids of such
bidders may be rejected and evaluation may be carried out excluding such
bidder(s).
16.0 BID PRICES
16.1 Unless stated otherwise in the Bidding Documents, the Contract shall be for the
total works as described in Bidding Document, based on the Schedule of Rates
submitted by the Bidder and accepted by the Owner.
17.0 CURRENCIES OF BID & PAYMENT
The Bidder shall quote in Indian Rupees and shall be paid in Indian Rupees only.
18.0 BID VALIDITY
18.1 Bid submitted by Bidder shall remain valid for a minimum period of 04 (Four)
months from the date of Bid Due Date. Bidders shall not be entitled during the
said period of 04 (Four) months, without the consent in writing of the Owner to
revoke or cancel their Bid or to vary the Bid given or any term thereof. In case of
Bidders revoking or cancelling their Bid or varying any terms in regard thereof
without the consent of Owner in writing, Owner shall forfeit EMD paid by them
along with their bids. Such Bidder may also be put on Holiday list / Negative list of
OWNER / EIL.
18.2 Owner may solicit the bidders consent to an extension of the period of validity of
bid. The request and the responses there to shall be made in writing. If the Bidder
agrees to the extension request, the validity of Bank Guarantee towards EMD
shall also be suitably extended. However, bidders agreeing to the request for
extension of validity of bid will not be permitted to modify the bid.
19.0 BID SECURITY / EARNEST MONEY DEPOSIT (EMD)
(Note: This Clause is applicable only in case of tenders wherever specifically
mentioned)
19.1 The Bid Security is required to protect the Owner against the risk of Bidder's
conduct, which would warrant forfeiture of the Bid Security.
19.2 All the bids must be accompanied by Bid Security in ORIGINAL for the amount as
mentioned in the “LIB” of the bid document and shall be in any one of the following
forms:

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 a. A Bank Guarantee in the prescribed format. Bank Guarantee issued from
any of the following Banks only will be accepted:
i. Any scheduled Bank incorporated in India or
ii. Any branch of an International/Foreign Bank located in India and
registered with Reserve Bank of India as schedule foreign bank or
Bank Guarantees issued by Banks in India should be on non‐judicial
stamp paper/Franking receipt of requisite value, as per Indian Stamp
Act, purchased in the name of the Banker or the bidder.
The Bank Guarantee shall be valid for 90 days beyond the validity of the
bids specified in the Bid Document.
Bank Guarantee with any condition other than those mentioned in
prescribed format shall not be accepted and bids submitted by bidders
with such Bank Guarantee will be liable for rejection.
b. A Banker's cheque or Demand Draft with validity of minimum 90 days or as
per RBI‟s guidelines, drawn on “M/s H-Energy Gateway Private Ltd” and
payable at Mumbai.
(Note: In case of submission of Demand Draft/Banker Cheque towards Bid
Security by bidder, HGPL shall encash the Demand Draft/Banker Cheque.
However, the return of Bid Security will be governed by the terms and
conditions of the Bid Document.)
19.3 Any bid not accompanied by a proper Bid Security in Original secured in
accordance with sub‐clause 18.2 above shall be rejected by the Company as
non‐responsive.
19.4 The Bank Guarantee issued by a Bank amongst others shall contain the complete
address of the Bank including Phone Nos., Fax Nos., E‐mail address and Branch
Code.
19.5 The bidders shall extend the validity of the Bid Security suitably, if and when
specifically advised by HGPL, at the bidder‟s cost.
19.6 Bid Security shall not accrue any interest during its period of validity or extended
validity. HGPL shall not be liable to pay any bank charges, commission or interest
on the amount of Bid Security.
19.7 The Bank Guarantees should be enforceable at all branches of the issuing Bank
within India and preferably at Mumbai, Maharashtra
19.8 The Bid Security shall be forfeited:
i. If a bidder withdraws their Bid during the period of bid validity specified by the
bidder or any extension thereof agreed to by the bidder, and/or
ii. If the bidder having been notified of the acceptance of their bid by Company
during the validity period of the bid including extension agreed to by the
bidder:
a. Fails or refuses to accept the NOA/Order/Contract and/or
b. Fails or refuses to furnish Performance Security
c. If a bidder furnishes fraudulent document/information in their bid and
subsequent clarification against the tender/Purchase order/Contract.
19.9 The original Bid Security shall be submitted by bidder to VP (Procurement &
Contracts), H-Energy Gateway Pvt. Ltd (as per complete address specified in
enquiry document) in a sealed envelope which must reach before Bid Due Date.

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19.10 Unsuccessful Bidder's Bid Security will be returned within 30 days after finalization
of the tender.
19.11 Successful Bidder's Bid Security will be returned upon Bidder's furnishing the valid
and proper Performance Security to HGPL. Successful bidder will however,
ensure validity of the Bid Security till such time the Performance Security in
conformity with respective Clause of SCC is furnished.
20.0 FORMAT AND SIGNING OF BID
20.1 The bidder shall submit bid as per the provisions given in this bidding document
as per the guidelines given in the bid document.
20.2 Bidder shall submit Power of Attorney in favour of the authorized Bid signatory
along with their unpriced bid and submit original hard copy of the same. However,
in case of General Power of Attorney, photocopy duly notarized / signed by CEO/
CFO/ Company Secretary or any member of the Board of Directors.
D BID SUBMISSION
21.0 MODIFICATION AND WITHDRAWAL OF BIDS
21.1 The bidder may modify, re-submit or withdraw its e-bid after the bid submission,
but, before the due date of submission as per provision of e-tendering system of
HGPL. No bid can be modified after the deadline for submission of bid.
21.2 No bid shall be allowed to be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity. Withdrawal of a
bid during this interval shall result in the bidder‟s forfeiture of its bid security in line
with the provision of the bidding document.
E BID OPENING AND EVALUATION
22.0 EVALUATION OF TECHNO-COMMERCIAL BIDS
22.1 Prior to detailed evaluation of bids, the Owner will determine whether each bid (i)
is accompanied by required EMD (ii) totally comply to the requirement of bidding
document.
22.2 The Owner will examine the bids to determine whether they are complete and
whether the bids are generally in order. Prior to detailed Bid evaluation, the
OWNER will determine the qualification of bidder with respect to the qualification
criteria as stated in the Letter Inviting Bid.
23.0 CLARIFICATION OF BIDS
Bidders should ensure that the Bid submitted is substantially responsive Bid in the
first instance itself. Evaluation may be completed based on the content of the Bid
itself without seeking any subsequent additional information which may result in
rejection of Bid. However, Owner may, at its discretion, may request bidder to
submit the necessary information or documentation, within a reasonable period of
time, to withdraw deviations. Owner‟s request for clarification and the response
shall be in writing.
No change, including any voluntary increase or decrease, in the prices shall be
sought, offered, or permitted. Bidder shall not be allowed to submit any price
implication or revised price after submission of Bid unless the same is called for
by Owner in writing.
If a bidder does not provide clarifications of its bid by the date and time set in
Owner‟s request for clarification, its bid shall be evaluated with available
information which may result in rejection of their bid.
All responses from the Bidders shall be in writing, and no change in the price shall

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 be permitted unless specifically sought by Owner.
Bidders shall however note that no revision in quoted Rates shall be allowed, in
case bidder still stipulate the deviations which are not accepted by the Owner and
are required to be withdrawn by the bidder in favour of stipulations of the bidding
documents.
Owner reserve the right to assess Bidder‟s capability and capacity to execute the
work using in-house information.
24.0 UNSOLICITED POST TENDER MODIFICATIONS
Bidders are advised to quote strictly as per terms and conditions of the bidding
document and not to stipulate any deviations/exceptions. Once quoted, the bidder
shall not make any subsequent price changes, whether resulting or arising out of
any technical / commercial clarifications sought on any deviations or exceptions
mentioned in the bid. Similarly, no revision in quoted price shall be allowed should
the deviations stipulated by him are not accepted by Owner and are required to
be withdrawn by him in favour of stipulation of the bidding document.
25.0 COMPLETE SCOPE OF WORK
The complete scope of work has been defined in the bidding document (Part wise,
where evaluation in parts). Only those bidders who take complete responsibility
for the complete scope of work as contained in the bidding document shall be
considered as acceptable.
26.0 EVALUATION AND AWARD OF CONTRACT
The Owner will award the contract to the successful bidder (s) whose bid has
been determined to be substantially responsive, meets the technical & financial
criteria and/or have been determined as a lowest bid on least cost basis to
Employer and is determined to be qualified to satisfactorily perform the Contract.
27.0 NOTIFICATION OF AWARD
27.1 The Owner will notify the successful Bidder in writing by Notification of Award
(NOA) that their bid has been accepted. The Notification of Award will constitute
the formation of a Contract until the Contract Agreement has been signed.
28.0 CONTRACT AGREEMENT
28.1 The Contractor shall execute a formal contract with the Owner within specified
period from the date of issue of Detailed Notification of Award on a non-judicial
stamp paper, purchased from Delhi, of appropriate value (Rs. 100/-). The cost of
non-judicial stamp paper shall be borne by the Contractor
28.2 Contract documents for agreement shall be prepared after the acceptance of bid.
Until the final contract documents are prepared and executed this bidding
document together with the annexed documents, modifications, deletions agreed
upon by the Owner and bidders acceptance thereof shall constitute a binding
contract between the successful Bidder and the Owner based on terms contained
in the aforesaid documents and the finally submitted and accepted prices.
28.3 The Contract document shall consist of the following:
 Detailed Notification of Award along with enclosures attached therewith.
 Notification of Award.
 Original Bidding Document along with its enclosures issued along with its
Amendment/Corrigendum, if any.

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29.0 CORRUPT AND FRAUDULENT PRACTICES
29.1 Bidders are required to furnish the complete and correct information/ documents
required for evaluation of their bids. If the information/ documents forming basis of
evaluation is found to be false/ fake/ forged, the same shall be considered
adequate ground for rejection of the bids and forfeiture of earnest money deposit.
29.2 Owner/EIL requires that the Contractor observes the highest standard of ethics
during the execution of Contract. In pursuance of this policy, Owner/EIL defines,
for the purposes of this provision, the terms set forth below as follows:
a. “Corrupt Practice” means the offering, giving, receiving, or soliciting of
anything of value to influence the action of public official in contract execution;
and
b. “Fraudulent Practice” means a misrepresentation of facts in order to influence
the execution of a Contract to the detriment of Owner/EIL, and includes
collusive practice among bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to deprive
Owner/EIL of the benefits of free and open competition.
c. “False/Fake” means to make or construct falsely. “Faked alibi” is a made,
manufactured, or false alibi. Something that is not what is purports to be;
counterfeit, an imposter.
d. “Forgery” means the false making or the material altering of a document with
the intent to defraud. A signature of a person that is made without the
person‟s consent and without the person otherwise authorizing it. A person is
guilty of forgery if, with the purpose to defraud or injure anyone or with
knowledge that he is facilitating a fraud or injury to be perpetrated by anyone,
the actor (i) alters any writing of another without his authority (ii) makes,
completes, authenticates, executes, issues or transfers any writing, so that it
purports to be the act of another who did not authorize that act or to have
been executed at a time or place or in a numbered sequence other than was
in fact the case, or to, be a copy of an original when no such original exists.
Utters any writing which he knows to be false in a manner specified in (i) & (ii)
above
29.3 Owner may terminate the Contract if it discovers subsequently that the Contractor
had engaged in Corrupt Practices, or Fraudulent Practices in competing for the
Contract.
29.4 In case, the information/ document furnished by the Contractor forming basis of
evaluation of its Bid is found to be false / fake/ forged after the award of the
Contract, Owner shall have the right to terminate the Contract and get the
remaining Works executed by a third party at the risk & Cost of the Contractor and
without any prejudice to other rights available to Owner under the Contract such
as forfeiture of the Contract Performance Bank Guarantee, withholding of
payment etc.
29.5 In case, this issue of submission of false/fake documents comes to the notice after
execution of the Works, Owner shall have full right to forfeit any amount due to the
Contractor along with forfeiture of the Contract Performance Bank Guarantee
furnished by the Contractor.
30.0 GOVERNING LAW
30.1 This Tender and all the Addenda shall be construed in accordance with Laws of
India and the Parties hereby submit to the exclusive jurisdiction of the courts at
New Delhi, India.

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31.0 BUSINESS ETHICS
31.1 HGPL endeavour to maintain and foster most ethical and corruption free business
environment and to ensure that all activities and transactions between the HGPL
and its Counterparties (Bidders, Contractors, Vendors, Suppliers, Service
Providers/ Consultants etc.) are handled in a fair and transparent manner,
completely free of corruption, Bidders are required to sign the Declaration (as per
the format enclosed at Annexure – I, failing which their Bid shall be liable for
rejection.
31.2 Here under are applicable in addition to the existing stipulation regarding Corrupt
and Fraudulent Practices.
Commitments and obligations of the Bidder:

(a) 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 Owner/Consultant.

(b) The Bidder will not engage in collusion of any kind including price fixation etc.
with other counterparties/Bidder(s).

(c) The Bidder will not pass Owner/Consultant‟s confidential information to any
third party unless specifically authorized by Owner/Consultant in writing.

(d) The Bidder shall promote and observe best ethical practices within their
respective organizations.

(e) The Bidder shall not make any false or misleading allegations against HGPL
or its associates.

Violations and Consequences:

 If a Bidder commits a violation of its commitments and obligations under this
provision during bidding process, their entire Bid Security, would be forfeited
and in addition, they may be blacklisted (i.e. banned) from the HGPL
business in future and also appropriate action may be initiated by
Consultant.

 In case of violation, after award of the contract, HGPL shall be entitled to

terminate the contract. HGPL would forfeit the Performance Security
Deposits, en-cash the Bank Guarantee(s) and forfeit other payments to
Bidder in such cases.

 In addition to above, HGPL 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.

 Bidder to execute Self-Declaration as per format enclosed at Annexure – I to

ITB.

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32.0 CONFIDENTIALITY
32.1 The Bidder and his employees, agents and all other person/parties who are
involved in this bidding process by the Bidder, shall treat maps, plans, charts,
designs, drawings, photographs, data, reports, tests, specifications, methods, and
other information developed or acquired by the Bidder from or by means of the
Bidding document or any facility extended to the Bidder pursuant thereto or the
award of Contract or any of them or otherwise disclose or make available to the
Bidder or any of the aforesaid persons report, as confidential information.
Moreover any such information shall not be disclosed or reproduced or distributed
by the recipient to third parties, other than in confidence to the Bidder's
professional advisors.
32.2 The Bidder who are not participating in bidding process hereby undertakes and
agrees that any confidential information (including the RFQ document) provided to
the Bidder shall be, at the option of the Company, either destroyed by the Bidder
or alternatively promptly returned to the Company. The Company may require any
Bidder to provide evidence (in a form satisfactory to the Company) that all
requirements in this respect have been fully complied with.
32.3 The successful Bidder shall provide the duly filled and signed Confidentiality
agreement as per Annexure – II of this ITB.

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 ANNEXURE – I (Self – Declaration (Business Ethics)
(On Contractor’s Letter Head)

The Undersigned:
Name:
Position:

Pursuant to Company‟s Articles of Association and Regulations, the undersigned is

authorized to act for and on behalf of:
Name:
Company:
Address:

Herewith, we truly declare that:

1. We have procured services (in the preparation of this Bid Proposal) pursuant to the
authorization given by our Company‟s Articles of Associations and Regulations as well
as prevailing laws and regulations; and based on our good will principle, with accuracy,
freedom, independence and without any pressure or influence from any other party.

2. We have made this decision in connection with the above matter with a duty of care
and loyalty and in the best interest of the company by gathering information from
various sources and have made sufficient comparison so we consider our decision to
bid is in our best interests.

3. In making this decision, we wish to state that we have no personal and/or vested
interest, or any related party with ourselves, or affiliated party, and furthermore declare
we have no conflict of interest with those involved in the above procurement.

4. We have carried out the above process with sufficient knowledge of rules and other
related regulations and we have complied with all rules and regulations including
consideration of test practices if they were deemed necessary.

This statement is made with truth without concealing any facts or material, and we
therefore take full responsibility for the truth of the information given herein. We also state
that we are responsible commercially and criminally for any false information and/or
statements made herein.

This statement is made for the intended purpose herein.

(Place, date, month year)
Position
Name

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 ANNEXURE – II (CONFIDENTIALITY AGREEMENT)

CONFIDENTIALITY AGREEMENT (the "Agreement") made [●] 2017 between:

(1) [●], whose registered address is at [●]; and
(2) H-Energy Gateway Private Limited (“HGPL”), having its registered office at 514,
Dalamal Towers, 211, Free Press Journal Marg, Nariman Point, Mumbai 400 021;
referred to herein individually as a "Party" or collectively as the "Parties".
WHEREAS:
A. The COMPANY plans to develop a Liquefied Natural Gas (LNG) import terminal at
Jaigarh with an overall capacity of 8 Million Metric Tons per Annum (MMTPA). Due to
market dynamics COMPANY has decided to develop the PROJECT in phased manner
as follows:
Phase 1: Early Production Facilities (EPF) using leased LNG Floating Storage and
Re-gasification Unit (FSRU) and Tie-in gas pipeline from Jaigarh to Dabhol in
connection to the GAIL (India) Limited pipelines and shall without limitation include
all apparatus, appliances, machinery, equipment, components and related buildings
as an integrated whole, all systems and sub-systems thereof and related facilities,
any and all appliances, parts, instruments, appurtenances, accessories and other
property that may be incorporated or installed in, or attached to, or otherwise
becoming a part thereof and located on the Project Site (“Project”).
Phase 2: Land based LNG terminal including LNG storage tanks and regasification
facilities and gas pipeline from Jaigarh to Mangalore.

B. In the course of carrying out the Purpose, one Party may provide another Party with
Confidential Information (as defined below) regarding the Purpose.
NOW THEREFORE, it is hereby agreed as follows.
1. Definitions
The following terms, wherever used in this Agreement, unless the context otherwise
requires, shall have the following meanings:
“Affiliate(s)” means, with respect to any Person, any other Person or entity which
directly or indirectly, controls or is controlled by, or is under common control with a
Party. The term control (including the terms “controlled by” and “under common
control with”) as used in this definition, means (a) the possession, directly or
indirectly, of the power to direct or cause the direction of the management or or
policies of a Person, whether through the ownership of securities, by contract or
otherwise and includes where a Person owns more than 50% (fifty percent) of the
voting rights (whether by way of securities, partnership interest, under a
shareholders agreement or otherwise) held in another Person;
"Confidential Information" means any and all information, data, reports,
interpretations, contract terms and conditions, forecasts and records containing or
otherwise reflecting information and concerning a Party, its Affiliates and/or the
Purpose, which a Party or its Representatives will provide to the other Party in the

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 course of the discussions whether on or after the date of this Agreement, together
with analyses, compilations, studies or other documents, whether prepared by a
Party or its Representatives, which contain or otherwise reflect such information.
"Representatives" means a Party‟s partners, agents, attorneys, consultants,
advisers, financiers, directors or employees.
2. Handling of Confidential Information
1.1 In consideration of a Party providing the other Party with Confidential
Information, by each Party‟s signature hereto, each Party agrees that all
Confidential Information will be held and treated by them and their
Representatives in confidence and will not, except as hereinafter provided,
without the other Party‟s prior written consent, be disclosed by them or their
Representatives in any manner whatsoever, in whole or in part, and will not
be used by them or their Representatives other than in connection with
carrying out the Purpose.
1.2 Each Party may use or disclose Confidential Information to their respective
Affiliates and to their and their Affiliates‟ Representatives who need to know
the Confidential Information for purposes of carrying out the Purpose (each
of whom will be advised by the relevant Party of this Agreement as to the
confidential nature of the Confidential Information and as to whom each
Party will be satisfied that they will act in accordance herewith).
3. Limits of Confidential Information
1.3 The obligations of confidentiality in Clause 2 above shall not apply to any
Confidential Information which:
1.3.1 was already known to a Party, or any of its Affiliates, prior to its
receipt from the other Party; or
1.3.2 is lawfully obtained by a Party or any of its Affiliates from a third
person who, insofar as is known to the Party, is not prohibited from
transmitting the information by a contractual, legal or fiduciary
obligation to the other Party; or
1.3.3 at the time of disclosure to a Party is or subsequently becomes
publicly available through no fault of the Parties; or
1.3.4 is independently developed by a Party or their respective Affiliates in
the normal course of business and which is not developed for the
Purpose or with the intent to circumvent this Agreement.
1.4 Written Confidential Information, except for that portion of the Confidential
Information that may be found in analyses, compilations, studies or other
documents prepared by a Party or its Representatives, will be returned to
that Party, or destroyed, promptly upon its request.
1.5 That portion of the Confidential Information that may be found in analyses,
compilation, studies or other documents prepared by a Party or its
Representatives, oral Confidential Information and any written Confidential
Information not so requested and returned will be held and kept subject to
the terms of this Agreement or destroyed.

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 1.6 In the event that a Party is requested or required (by any applicable law,
rules of any regulatory body or government agency, rules of any recognized
stock exchange or similar market place to which a Party, at any time, is
subject or any court of competent jurisdiction acting in pursuance of its
powers) to disclose any Confidential Information, it is agreed that that Party
will provide the other Party with prompt notice of any such request or
requirement, if that Party‟s counsel determines that such notice is permitted
by law. The relevant Party may disclose that portion of the Confidential
Information to the extent requested or required.
4. Breach of Confidentiality
1.7 In respect of anything that may arise as a result of any breach of this
Agreement by a Party or by any of its Representatives ("Breaching Party"),
the Breaching Party shall (a) be liable to the other Party for all losses, costs,
damages and expenses which the other Party may suffer, sustain, pay or
incur; and (b) indemnify the other Party from and against all actions,
proceedings, claims, demands, losses, costs, damages and expenses which
may be brought against, suffered, sustained, paid or incurred by the other
Party.
1.8 The Parties agree that damages may not be a sufficient remedy to any
breach of the terms of this Agreement and that as a result injunctive or other
equitable relief may be obtained in respect of any breach or anticipated
breach.
5. Governing Law
The Parties agree that this agreement and any dispute, claim or obligation arising
out of or in connection with it, its subject matter or formation shall be exclusively
and finally settled by arbitration in accordance with the provisions of the Arbitration
and Conciliation Act, 1996. There shall be one arbitrator to be appointed with
mutual consent of the Parties. Arbitration shall be in English language and the
Arbitration Award (with reason) shall be final and binding on the Parties. This
Agreement shall be governed by and construed in accordance with the laws of India
and place of arbitration shall be Mumbai
6. Termination
1.9 Either of the Parties can terminate this Agreement at any time upon thirty
(30) days prior written notice to the other Party.
1.10 Termination shall end any further disclosure of Confidential Information by
either of the Parties, but the responsibilities of each Party concerning the
other Party‟s Confidential Information shall continue and apply to the Parties
and their respective successors and assigns for a period of 3 (Years) years
from the date of such termination unless specifically released in writing
1.11 All Confidential Information is and will remain the sole property of the
disclosing Party, and all copies and excerpts thereof will be promptly
returned to the disclosing Party or destroyed upon its request, or voluntarily,
provided that the receiving Party‟s legal counsel may retain one copy for use
only as a record of disclosure and further provided that the receiving Party
may retain and shall not be obliged to destroy any Confidential Information if

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 (i) it is required to retain by any law or regulation applicable to it; or (ii) which
is contained on its servers pursuant to ordinary computer back-up
operations, it being understood that it hereby undertakes not to access or
use such information, except to the extent required by law. Each Party will
upon request of the other Party certify in writing its compliance with the
provisions of this section
7. Entire Agreement
This Agreement and any agreement, document or instrument attached hereto or
referred to herein integrate all the terms and conditions mentioned herein or
incidental hereto and supersede all prior negotiations or agreements, written or oral,
relating to the subject matter hereof. In the event of any conflict between the terms,
conditions and provisions of this Agreement and any such agreement, document or
instrument, the terms, conditions and provisions of this Agreement shall prevail.
8. Miscellaneous
1.12 Each Party confirms that it will be responsible for any costs incurred by it or
any of its Affiliates in connection with the Purpose.
1.13 This Agreement is not intended nor should it be construed as constituting or
creating any obligation on any Party to commit to any investment nor shall it
prejudice the right of a Party to negotiate with the other Party in the event the
Parties agree to proceed with any further investment.
1.14 Each Party makes no representations or warranties, express or implied, as
to the quality, accuracy and completeness of the Confidential Information
disclosed by it, and each Party, its Affiliates and its and their officers,
directors and employees shall have no liability whatsoever with respect to
the use of or reliance upon the Confidential Information by another Party.
1.15 This Agreement may be entered into in any number of counterparts all of
which, taken together, shall form one and the same agreement and a Party
may enter into this Agreement by executing a counterpart.
1.16 No amendments or modifications to this Agreement shall be valid unless in
writing and signed by a duly authorized representative of each of the Parties.
In witness whereof, the duly authorized representative of the Parties have signed this
Agreement on the date set forth above.
[to be inserted]
By: _______________________________________
Name:
Title:
[to be inserted]
By: _______________________________________
Name:
Title

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