Tendernotice 1
Tendernotice 1
For
TECHNICAL BID
Form of Bid 18
Section 5
Bill of Quantities 19
SECTION 1
2. Period of downloading bidding documents & From: 12.06.2024(17.30) to 26.06.2024 (16.55 Hrs).
submission from the e-procurement portal :
5. Date and Time and Place for publication of the name : 01.07.2024 (After 11.30 Hrs) or on any other day and time as
of the Technically Qualified Tenderers desired and fixed by the Tender Inviting Authority.
Place: Malda Zilla Parishad.
6. Time and Date and place for opening of Financial Bids After evaluation of Technical Bid or any other day and time
online : as desired and fixed by the Tender Inviting Authority.
Malda Zilla Parishad.
7. Officer Inviting Bids / Tender Inviting Authority Additional District Magistrate, Malda
&
:
Additional Executive Officer
Malda Zilla Parishad, Malda.
Note: Days mean working days excluding Saturdays, Sundays and Government Holidays.
MALDA ZILLA PARISHAD
Malda – 732101
NOTICE INVITING e-TENDER
Eligibility of Participants:
1. Credentials:
i. Intending Tenderer should produce credentials of a similar nature of completed work of the
minimum value of 40% of the estimated amount put to tender during 5(five) years prior to the
date of issue of the tender notice; or,
ii. Intending Tenderer should produce credentials of 2(two) similar nature of completed work, each
of the minimum value of 30% of the estimated amount put to tender during 5(five) years prior to
the date of issue of the tender notice; or,
iii. Intending Tenderer should produce credentials one single running work of similar nature
which has been completed to the extent of 80% or more and value of which is not less than the
desired value at (i) above;
In case of running works, only those tenderers who will submit the certificate of satisfactory running
work from the concerned Executive Engineer, or equivalent competent authority will be eligible for
the tender. In the required certificate it should be clearly stated that the works is in progress
satisfactorily and also that no penal action has been initiated against the executed agency, i.e., the
tenderer.
2. Turnover: The applicant in the same name and style should have achieved turnover in a single year
within last Three year for 75% of the proposed contract.
3. Bid Capacity: The contractor should have 100% bid capacity to execute the work {documentary
evidence in proof of the above 3 items should be enclosed}.
4. The contractor should have sufficient technical manpower (at least One Diploma Engineer), tools
and own machineries (Required for building and C.C. road work) to complete the work within the
stipulated time. Hire purchased of machineries may be allowed for participation in tender. The
machinery required for the project may be decided by the Engineer-in-charge.
5. Job card holders shall mandatorily be engaged where unskilled workers are required. Contractors
shall furnish certificate of their completion of works that only job card holders were engaged.
6. Trial Balance or Accounting sheet on the Turn-over, debit credit positions for the last Three years
{Audited}
2. Period of downloading bidding documents & From: 12.06.2024(17.30) to 26.06.2024 (16.55 Hrs).
submission from the e-procurement portal :
5. Date and Time and Place for publication of the name : 01.07.2024 (After 11.30 Hrs) or on any other day and time as
of the Technically Qualified Tenderers desired and fixed by the Tender Inviting Authority.
Place: Malda Zilla Parishad.
6. Time and Date and place for opening of Financial Bids After evaluation of Technical Bid or any other day and time
online : as desired and fixed by the Tender Inviting Authority.
Malda Zilla Parishad.
7. Officer Inviting Bids / Tender Inviting Authority Additional District Magistrate, Malda
&
:
Additional Executive Officer
Malda Zilla Parishad, Malda.
Any person / firm willing to take part in the process of e-Tendering will have to be enrolled and
registered with the Government e-Procurement System.
The intending Tenderer(s) may download the tender documents by logging to the link
www.wbtenders.gov.in free of cost.
Instructions / Guidelines for Tenderers for electronic submission of the tenders online have been
incorporated in the Detail Notice / Bidding Document for assisting them to participate in e-tendering.
The intending Tenderer is requested to click on the link www.wbtenders.gov.in for e-Tendering site
as given on that web portal.
This Abridged Notice of the Tender can also be seen by log on to the website www.malda.nic.in,
maldazillaparishad.in.
The undersigned reserves the right of accepting or rejecting any or all the tenders, and he can distribute a
part or whole of the work to any or among more than one participating tenderer without assigning any
reason.
Sd/-
Additional District Magistrate, Malda
&
Additional Executive Officer
Malda Zilla Parishad, Malda
Memo No: 401(26) /Eng/ MZP-2024 Date:07/06/2024
Copy forwarded for information to:
1. The Joint Secretary to the Govt. of West Bengal, Panchayats & Rural Development Department,
Joint Administrative Building (7th Floor), HC-7, Sector-III, Salt Lake, Kolkata-700106.
2. The Sahakari Sabhadhipati, Malda Zilla Parishad, Malda.
3. The Secretary, Malda Zilla Parishad, Malda.
4. The SDO (Sadar), Malda.
5. The SDO, Chanchal Sub-Division, Malda
6. The FC & CAO, Malda Zilla Parishad, Malda.
7. The Deputy Secretary, Malda Zilla Parishad, Malda.
8. The District Engineer, Malda Zilla Parishad, Malda.
9. The District Informatics officer, National Informatics Centre, Malda Collectorate, Malda, with a
request to publish this tender notice and all other allied documents in website: www.malda.nic.in.,
maldazillaparishad.in
10. The Adhyaksha, Malda Zilla Parishad, Malda.
11. -19. The Karmadhyaksha..................................... Sthayee Samity, Malda Zilla Parishad, Malda
20. District Information Analyst for publishing the tender in website, maldazillaparishad.in
21. PA to the Sabhadhipati, Malda Zilla Parishad, Malda.
22. CA to the Executive Officer, Malda Zilla Parishad & District Magistrate, Malda
23. CA to AEO, Malda Zilla Parishad, Malda
24. Dealing Assistant, Tender Selection Committee, Malda Zilla Parishad, Malda
25. Tender file.
26. This Office notice Board for wide publicity.
Sd/-
Additional District Magistrate, Malda
&
Additional Executive Officer
Malda Zilla Parishad, Malda
SECTION 2
INSTRUCTION TO BIDDERS
6.2. a Statutory cover (folder) containing digitally signed copy (virus scanned) of the,
i. Scanned copies of the receipt of NEFT/RTGS towards EMD and Tender Fees, as
prescribed in the NIT, in favour of Malda Zilla Parishad payable at Malda.
ii. Notice Inviting Tender, Bidding Document which contains Instruction to Tenderers,
General Conditions of Contract, Special Terms & Conditions, if any, and other documents as
specified in the Bidding Document.
iii. If any Tenderer is exempted from payment of EMD, copy of relevant Government Order
need to be furnished.
Tenders may be liable for rejection if any item in the statutory cover (folder) is missing.
6.2. b. Non-Statutory cover (folder) containing Digitally signed copy (virus scanned) of
the,
i. Company or Individual Profile of the Tenderer, as the case may be, in detail.
ii. Registration Certificate.
iii. Trade License issued by Municipality / Corporation / Panchayat Body / other
Authority.
iv. Sales Tax Clearance Certificate.
v. Income Tax Clearance Certificate.
vi. PAN.
vii. VAT Return Certificate of the last quarter of the previous financial year.
viii. Registered Deed for Partnership Firm / Joint Ventures, if any or if applicable.
ix. ALL THE CLEARANCE CERTIFICATES / OTHER NECESSARY DOCUMENTS SHOULD BE
UP-TO-DATE AND VALID TILL THE DATE OF OPENING OF THE TECHNICAL BID.
x. Completion Certificate [to be substantiated by Payment Certificate(s) if value is not
mentioned in the completion certificate, if specifically asked by the Authority] as stated
in Clauses 6.4.1.i for one single work of similar nature worth at least 50% of the amount
put to tender for the work(s) the Tenderer intends to participate.
xi. An exhaustive statement showing number and value of works presently under
execution, as per the table shown below, [as stated in Clause 6.4.1 (iii) hereunder] is
required to be prepared by the Tenderer in separate sheet and uploaded.
Sl Name Name Amount Work Accepte Stipulated Date Actual Present Payment
No of of the put to Order d Rate of completion Date of status of received
work Deptt. Tender No & Dt as per Work completion progress so far
Order
1 2 3 4 5 6 7 8 9 10
1.
2.
xii. Declaration by the Tenderer to the effect that he/she/they does not/do not have any
common interest either as a partner of any Partnership Firm / Joint Venture as a
Proprietor/Owner of any other Firm in the tender for work(s) he/she/they wants/want to
participate. If it is detected that any Tenderer is participating in any serial of work under
dual identity, tender proposals for all such firms having common interest of that
Tenderer for that work will be rejected.
xiii. Failure of submission of any one of the above mentioned documents will render the
tender liable to summary rejection. The original copies of the Demand Draft / Banker's
Cheque / Deposit at Call Receipts (DCR), both towards Earnest Money Deposit (EMD)
and Tender Fees along with the copy of the Tender Accepting Letter should be
submitted in the office of the undersigned within the date and time mentioned in Clause
6.1.2.iv in Section-1 above.
xiv. Technical Proposal of any Intending Tenderer will come under the purview of
consideration only if the above criteria are fulfilled.
6.3 Financial Proposal
The Financial proposal should contain the document in one cover (folder), i.e. the Bill of
Quantities (BoQ). The Tenderer is to quote the rate (Item wise or Percentage wise, as
defined in the NIT) online through computer in the space marked for quoting rate in the
BoQ. Only downloaded copies of the above documents are to be uploaded, virus scanned
and digitally signed by the Tenderer.
Note:
1. The successful Tenderer should submit the downloaded hard copy of the Form of Bid
and the BOQ, duly fill the BOQ in the manner as submitted during online submission of
Tender and also duly fill the Form of Bid, sign it and submit after accepting the Tender.
2. The brief Specification of the item(s) is inserted in BOQ (Bill of Quantities). Item wise
brief Technical Specification of the works is entered in the respective pages of the BoQ.
6.4 Eligibility Criteria
6.4.1 Technical Proposal of any Tenderer will come under the purview of consideration only
if the criteria mentioned in Clause 6.2 and other conditions mentioned in this Bidding
Document are fulfilled.
6.4.2 Financial proposal of any Tenderer will come under the purview of consideration only
if the criteria mentioned below are fulfilled.
a. Production of Completion Certificate supported with Payment Certificate (required if
Project value is not mentioned in Completion Certificate) for single work of similar
nature executed within last 5 (Five) years (to be determined from the actual year of
completion, considering current financial year as Year:1). Amount put to tender in such
Completion Certificate(s) should be at least 50% of the amount of tender of work in
which the Tenderer intends to participate.
b. The minimum turnover from business (of Similar main nature of Work, as
applicable) in any of the last 5 (Five) years (to be certified by the Auditor on the
basis of annual audited balance sheet) should be at least 100% of the amount of
tender of works in which the Tenderer intends to participate.
6.4.3 Completion Certificate
i. Completion Certificate should contain (a) Name of work, (b) Name of the client, (c)
Amount put to tender, (d) Schedule month and year of commencement and completion
as per work order, and (e) Actual month and year of completion.
ii. Such Certificates are to be countersigned by the concerned Executive Engineers /
Consultant / Project Management Consultants of the concerned Department.
iii. Completion Certificate of work executed in other Departments of State Government
or organizations, like Public Works & Public Works (Roads) Department, Public Health
Engineers Department, Sundarban Affairs Department and various other State
Government Departments, Zilla Parishads, West Bengal Housing Infrastructure
Development Corporation Limited (WBHIDCO), West Bengal State Electricity
Distribution Company Limited (WBSEDCL), Kolkata Metropolitan Development Authority
(KMDA), Kolkata Metropolitan Water Sanitation Authority (KMW&SA), Kolkata Municipal
Corporation (KMC), Hooghly River Bridge Commissioner (HRBC); Engineering Deptts of
Govt of India, and Organizations like Farakka Barrage Project (FBP) Authority, Railways,
Kolkata port Trust (KoPT), National Highway Authority (NHAI) etc; and companies
owned or managed by the State Government, i.e. Mackintosh Burn Ltd., Westinghouse
Saxby Farmer Limited & Britannia Engineering Ltd. may also be considered. Such
Completion Certificate other than those stated in 6.4.3.(ii) above, are to be
countersigned by the Executive Engineers/Consultant/Project Management Consultants
or by any Engineer Officer of equivalent rank or above, if those are issued by some
other Authorities.
6.4.4 Particulars requirement for similar nature of work
Works of similar nature of value of at least 50% of the amount put to tender for
the works in the NIT.
6.4.5 Eligibility criteria for participating in more than one tender, if any
i. Separate Completion Certificate of fully physically completed works is to be provided
for separate work. (Vide 6.4.3 and 6.4.4).
ii. Average turnover from contracting business during last 3 (Three) years (to be
certified by the Auditor on the basis of annual audited balance sheet) should be 100%
of aggregate cost of the amount of tender of works in which the Tenderer intends to
participate.
6.4.6 Penalty for suppression / distortion of facts
If any Tenderer fails to produce the original hard copies of the documents
(especially Completion Certificates and audited balance sheets), or any other
documents on demand within a specified time frame or if any deviation is detected in
the hard copies from the uploaded soft copies or if there is any suppression, the
Tenderer will be suspended from participating in the tenders on e-Tender platform for
a period of 3 (Three) years. In addition, his user ID will be deactivated and Earnest
Money Deposit will stand forfeited. Besides, Malda Zilla Parishad may take appropriate
legal action against such defaulting Tenderer.
All Duties, VAT, Taxes, Royalties, Cess, Toll, all other statutory Levies payable by the
Tenderer under the Contract to the State / Central Government for any other cause
including 1% Cess under W.B. Building and other Construction Workers (Regulation of
Employments & Condition of Service) Act, 1996, will have to be borne by the Tenderer and
the rate should be quoted accordingly after consideration of all.
1% Cess under W.B. Building and other Construction Workers (Regulation of
Employments & Condition of Service) Welfare Cess Act, 1996 will be deducted from all
the bills.
a. In case of Percentage Rate Tender, where there is a discrepancy between the rates in figures and
in words, the rate in words will govern; and
b. In case of Item Rate Tender, where there is a discrepancy between the unit rate and the line item
total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern.
9. Acceptance of Tender
Lowest valid rate should normally be accepted. However, Malda Zilla Parishad does not bind to do so
and reserves the right to reject any or all the tenders, for valid reasons and also reserves the right to
distribute the work amongst more than one Tenderer.
Malda Zilla Parishad reserves the right to reject or cancel any or all pre-qualification documents and
Financial bid document without assigning any reason whatsoever.
12. Payment
The payment of RA as well as well as final bill for any work will be made according to the availability of
fund and no claim to delay in payment will be entertained. However, Malda Zilla Parishad will take its
utmost effort in arranging of fund and clearing the payments so far as possible. No Advance / Part
Payment will be made against any supply. Part Payment may be made in the event of successful
completion of a part or whole of the work, successful installation and commissioning of item(s), as the
of the work should be engaged/arranged by the Agency. All required testing which should follow
submission of Certificates from the appropriate authority. All expenditure to this effect should also be
borne by the Agency. Necessary Security arrangement of all the materials, men & machineries,
equipment, labour etc being supplied and provided at site during execution or work, should be made by
the Agency at their cost and effort. No payment towards the same will be borne by Malda Zilla
Parishad. And Security arrangement for guarding the work, thus executed, should be continued by the
16. OTHERS
i. If the date of opening of tender falls in holiday, the tender will be opened on the next working day
at the same time and venue.
ii. Conditional and incomplete tenders are liable to be summarily rejected.
iii. The Instruction to Bidders shall form part of terms & conditions of the tender and the Tenderer
is bound to abide by.
SECTION: 3
CONDITIONS OF CONTRACT
2. The intending Tenderers are expected to examine carefully all instructions, conditions of contract,
contract data, forms, terms and specifications, bill of quantities etc in the Bid Document. Failure to
comply with the requirements of Bid Documents shall be liable to rejection of Bid Documents.
3. The successful Tenderer should execute an agreement with Malda Zilla Parishad on non-judicial stamp
of requisite value before issuing of work order.
The following documents shall be deemed to form and be read and construed as part of this
Agreement:
i. Bidding Document which includes the NIT, General Conditions of Contract including
Special Conditions of contract, if any;
ii. Form of Bid duly submitted by the Tenderer and Accepted by the Accepting Authority;
iii. Bill of Quantities,;
iv. Specifications & Drawings;
v. Statutory Form of Agreement of Malda Zilla Parishad, and
vi. Any other document listed in the Bidding Document as forming part of the contract.
4. The contract will not attract any arbitration clauses and the contract will not include any clause towards
escalation of price. Also before submission of the tender the Tenderer must visit the site to judge the local
condition from all corners and no plea/complain about the site will be entertained afterwards. It will be
presumed that the agency offered the tender rate after review of entire position of the work site. It should
be done at their own cost.
5. The successful Tenderer will have to abide by the provisions of West Bengal Contract Labour Rules,
1972 as will be forced from time to time. If no labour license is obtained and produced by the
Tenderer, payment is liable to get withheld.
6. The rates and prices quoted by the Tenderer shall be fixed for the duration of the Contract and shall
not be subject to adjustment.
7. Under no circumstances Escalation in prices in materials, labour charges and any other costs and charges will be
entertained.
8. Land for installation machineries have to be arranged by the Agency. However if there is any sparable
Govt. land, the same may be given for the purpose on rental basis as per rent fixed by competent
Authority.
9. All risks on account of railway or road, carriage by boat including loss or damage of vehicles, boats,
barges, materials or labours will have to be borne by the agency.
10. Necessary Guarding, Watching, Barricading including providing Security to all the men & machineries,
Labour, Equipments, including all supplied products required for execution of work should be made by
the Agency. And cost of the same should also be borne by the Agency.
11. All risks on account of theft, damage or loss of material, men & machineries, Equipments, including
any other product supplied or provided at site should be borne by the Agency.
12. The agency will submit a work programme (Bar chart) to the E.I.C. within seven days from the date of
work order indicating date of completion of various phases of work and strictly comply with the
schedule. Also one Triplicate site order book should be used at works site for execution the works.
Which has been duly signed by the E.I.C. before starting of work.
13. Before starting of work, work site where necessary, must be properly dressed after cutting, clearing &
cleaning all varieties of jungles, shrubs or any undesirable vegetation & all unserviceable materials
from the alignment or site of works for which nothing will be paid extra unless specifically provided in
“price schedule of probable items with approximate quantities.
14. During the execution, the agency shall keep at the site reasonably free from all unnecessary
obstruction for that purpose. And if is it is required, the agency shall arrange for removal of structures,
encroachments etc. at his own cost.
15. All materials brought to the site must be upto the standard & quality and must have the approved of
the E.I.C. Rejected materials must be removed by the agency at his own cost from the site within 24
hours of the instruction / issue of order to that effect. The agency shall not be entitled to any claim for
loss or damage, which may be caused by such removal.
16. All consumable materials are to be supplied by the agency at his own arrangement and valid document
(of IOC/and authentic sources) are to be submitted before claiming bill for the job.
17. The agency is liable to keep the work site clean during execution and will clear all the debris, scrap,
unused materials, camp etc from the site immediately after completion of the project at his own cost.
18. All the works are to be executed according to drawing specification approved by the authority & the
direction of the E I.C is to be strictly flowed.
19. No additional or substituted item of work will be executed by the agency without prior approval of the
Engineering-in-charge (E.I.C). Supplementary or Additional or Substituted items, if required any during
execution, will be paid at rates as per the relevant Schedule of Rates in vogue at the time of
entering into contract. If rates of such item do not appear in the schedule of either PWD/PW (R)
Deptt. or can not be derived from then Malda Zilla Parishad will decide the rate on the basis of market
rates of various components with 10% profit & overhead charges and the decision of Malda Zilla
Parishad will be final and binding. Also the contractual rate should be applicable in all cases.
20. Fixing of Informatory Signboard with brick/cement concrete pillar affixing Marbel Plate with written
matter & taking of Photographs at the own cost & effort of the successful Tenderer (Tenderer) are
precondition of this Tender. No extra payment to these effects will be made to the Tenderers.
21. The Tenderer should fix the Informatory Signboard at a visible point at the site of work before
commencement of the work as per instruction of the undersigned.
22. The Tenderer should take digital photographs of the work in three phases in presence of the field
Engineers of Malda Zilla Parishad. First, before commencement of the work by affixing Sign board,
Second during execution of the work and finally, after completion of the work. The photographs should
be taken at Contractor’s own cost & effort and the Contractor should submit all the photographs to this
office periodically. The date of taking photographs should be displayed on it. In addition to the hard
copies, it is also required to submit the soft copies of the said photographs to this office. And, failing
which the bill could not be processed.
23. In addition to the normal deductions towards taxes, royalties etc. from the bills being paid to the
Tenderers against the work being executed, deduction of additional amount regarding Labour welfare
Cess @ 1% (At the Rate of One Percent) only of the bill value will be made towards the “Building and
other construction workers Welfare Cess Act, 1996” as per order of the Finance Deptt. Govt. of West
Bengal.
24. The work should be completed in all respect within the time specified in notice inviting Tender. The
period given in the NIT should be reckoned from the date of issue of work order. Time for completion
as specified in the tender shall be deemed to be the essence of the contract.
25. Monthly running accounts bills may be made in accordance with the satisfactory performance
according to the approved programme of work and subject to availability of fund.
26. Retention towards Security amounting to 10 (Ten) per cent (including earnest money) of the bill
amount shall be made by this office. The agency has to execute and complete the works and rectify
any defect therein to the satisfaction of the Engineering-in- charge. After expiry of 1(one) year for
bituminous road work & 6(six) months of any Building, Sanitary & Electrical works from the date of
completion of the work certified by the respective Sub-Asstt. Engineer & Assistant Engineer, the
deducted security money will be repaid to the Agency. And, in case of claiming refund of Security
Deposit, the agency should submit the recent photographs duly digitized with date of photography
duly displayed on it. And, the photograph should be taken in presence of the field Engineers of Malda
Zilla Parishad and for special type of project such as RIDF, the SD retention period is 3 years after
completion date.
27. To rescind the contract (of which rescission notice in writing to the Tenderer under the hand of the
undersigned shall be conclusive evident) and in which case the security deposit of the Tenderer shall
stand forfeited & be absolutely at the disposal of Malda Zilla Parishad.
28. This Instruction to Tenderers shall form part of terms & conditions of the tender and the tenderer is
bound to abide by.
29. CALUSE 2.
The time allowed for carrying out the work as entered in the tender shall be strictly observed by the
Tenderer and shall be reckoned from the date on which the order to commence the work is given to the
Tenderer. The work shall throughout the stipulated period of the contract be produced with all the due
diligence time being deemed to be the essence of the contract, on the part of the Tenderer, and the
Tenderer shall pay as compensation as amount equal to one percent of such smaller amount as the
undersigned (whose decision in writing shall be final) may decide on the amount of the tender amount of
the whole work as shown by the tender for every day at the remains uncommented or unfinished after
the proper dates. The Tenderer shall commence execution of such part of the work as may be notified to
him within 7(seven) days from the date of the order of commencement for work and diligently continue
such work and further to ensure good progress during the execution of the work, and he shall be bound
in all cases in which the time allowed for any work exceeds one month, to complete one fourth of the
whole work before one fourth of the whole time allowed under the contract has elapsed. In the event of
the Tenderer failing to comply with any of the condition herein he/she/they shall/will be liable to pay a
compensation an amount equal to one percent or such smaller amount as the undersigned (whose
decision in writing shall be final) may decide on said tendered amount of the whole work for every day
that the due quality of work remains incomplete provided always that entire amount of compensation to
be paid under the provision of this clause shall not exceed 10 percent on the tender amount of the work
as shown in tender.
30. Termination
31.1 The Employer may terminate the Contract if the Tenderer causes a fundamental breach of the
Contract.
31.2 Fundamental breaches of Contract shall include, but shall not be limited to, the following:
i. If the Tenderer stops work for 30 days when no stoppage of work is shown on the current
Programme and the stoppage has not been authorized by the Employer;
ii. The Tenderer is declared as bankrupt or goes into liquidation other than for approved
reconstruction or amalgamation;
iii. If the Employer gives Notice that failure to correct a particular Defect is a fundamental
breach of Contract and the Tenderer fails to correct it within a reasonable period of time
determined by the Engineer;
iv. If the Tenderer does not maintain a Security, which is required;
v. If the Tenderer has delayed the completion of the Works by the number of days for which
the maximum amount of liquidated damages can be paid,
vi. If the Tenderer fails to provide insurance cover to his labourers etc due to personal injury or
death.
vii. If the Tenderer, in the judgment of the Employer, has engaged in the corrupt or fraudulent
practice in competing for or in executing the Contract. For the purpose of this clause,
“corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to
influence the action of a public official in the procurement process or in Contract execution.
“Fraudulent Practice” means a misrepresentation of facts in order to influence a
procurement process or the execution of a contract to the detriment of the Employer and
includes collusive practice among Tenderers (prior to or after bid submission) designed to
establish bid process at artificial non-competitive levels and to deprive the Employer of the
benefits of free and open competition.
viii. If the Tenderer does not complete at least thirty percent of the value of construction Work
required to be completed after half of the completion period has elapsed;
ix. For road work - if the Tenderer fails to set up a field laboratory with the prescribed
equipment, within the period specified in the Contract Data; and work order.
x. Any other fundamental breaches as specified in the Contract Data.
xi. If the Tenderer fails to deploy machinery and equipment or personnel as specified in the
Contract Data at the appropriate time.
xii. A show cause notice shall be served to the Tenderer before termination for not obeying the
contract.
31.3 Notwithstanding the above, the Employer may terminate the Contract for convenience.
31.4 If the Contract is terminated, the Tenderer shall stop work immediately, make the Site safe and
secure, and leave the Site as soon as reasonably possible.
31. Payment upon Termination
32.1 If the Contract is terminated because of a fundamental breach of Contract by the Tenderer, the
Engineer shall issue a certificate for the value of the work done and Materials ordered less
advance (Running A/c bill) payments received up to the date of the issue of the certificate and
10 (Ten) percent less the percentage to apply to the value of the work not completed, as
indicated in the Contract Data.
32.2 Additional Liquidated Damages shall not apply. If the total amount due to the Employer exceeds
any payment due to the Tenderer, the difference shall be recovered from the security deposit,
and performance security. If any amount is still left un-recovered it will be a debt payable to the
Employer.
32.3 If the Contract is terminated at the Employer's convenience, the Engineer shall issue a certificate
for the value of the work done, the reasonable cost of removal of Equipment, repatriation of the
Tenderer's personnel employed solely on the Works, and the Tenderer's costs of protecting and
securing the Works and less advance (Running A/c bill) payments received up to the date of the
certificate, less other recoveries due in terms of the Contract, and less taxes due to be deducted
at source as per applicable law.
SECTION: 4
FORM OF AFFIDAVIT
1. That I, the undersigned, do certify that all the information furnished & statements made in the bid
documents are true and correct to the best of my knowledge and belief.
2. The undersigned would authorise and request any bank, person, firm or corporation to furnish
pertinent information as deemed necessary and or as requested by the Department to verify this
statement.
3. The undersigned understands and agrees that the Bid shall remain open for Acceptance 180
days from the date of opening of financial bid and on Acceptance the Bid shall also remain in
force till the completion of the Work. And the undersigned shall claim no additional cost / charges
for any price hike or increase in rate due to enhancement in the Schedule of Rates in force.
4. The undersigned agrees to invest 50% of the contract price of works by cash during the
implementation of the works.
5. The undersigned agrees to authorize the authority to seek references from the Bankers of the
undersigned.
6. If the contract is awarded to us, we will deploy at site all necessary T&P and equipments as
specified in the Bidding Document, if any or as required for execution of work immediately on
receipt of the work order. We would commence the work only on deployment of machineries at
site to the full satisfaction of the Engineer-in Charge. We would be duly bound to use those
equipments at site to achieve the best result as per requirement of the contract. We would upkeep
and maintain those equipments in running condition till completion of the Project. Any breakdown
of any equipment will be replaced immediately. No part of equipment will be shifted to another site
without the written permission of the E.I.C. or Employer.
7. We would establish a site Laboratory, if required any, with minimum testing equipments /
apparatus to conduct the various tests on soil, aggregates, cement, concrete to maintain the
quality at site. We will upkeep the Laboratory set-up in good condition of the Project.
8. We would deploy at site all necessary technical Personnel as listed in Bidding Document any for
efficient contract management and supervision of works with a view to achieving best quality of
works at site.
9. We would carry out all necessary tests of all major items at frequency spelled out in the relevant
IS Codes, Specification books etc to achieve the best quality work at site. We will be contract
bound to bring to the notice of the EIC any non-compliance of test results along with the action
taken report.
10. Any departure whatsoever in any form will be considered as breach of contract. In such situation
the Department at his liberty may with hold our payment till we rectify the defects or fulfil our
contractual obligation. In this connection, Departmental decision will be final and binding.
11. The undersigned also certifies that neither we have abandoned any work awarded to us, nor any
penal action was taken against us by any department. The undersigned also declares that we do
not have any running litigation with any department.
SECTION: 5
FORM OF BID
BILL OF QUANTITIES
This Form of Bid should form part of Agreement. The Tenderer shall download / prepare it in the same manner as
indicated from “FORM OF BID” to “E-mail ID”, fill in, sign and submit this Bid Form during execution of Agreement.
[
FORM OF BID
Description of the Works: Name of work mentioned vide page-04 of this document.
Estimated Amount put to Tender Amount of work has mentioned vide page-04 of this
Document.
Authorized Signature:
Name of Tenderer:
Preamble
1. The Bill of Quantities shall be read in conjunction with the Instructions to Tenderers, Conditions
of Contract, Specifications and Drawings.
2. For the construction of works, the quantities given in the Bill of Quantities are estimated, and are
given to provide a common basis for bidding. The basis of payment will be the actual quantities
of work ordered and carried out, as measured by the Tenderer and verified by the Engineer and
valued.
a. at the rates and prices tendered in the Bill of Quantities in the case of item rate tenders;
and
b. at percentage rate above or below or at par of the Schedule of Rates as tendered by the
Tenderer.
3. The rates and prices tendered in the priced Bill of Quantities shall, except in so far as it is
otherwise provided under the Contract, include all constructional plant, labour, supervision,
materials, erection, maintenance, insurance, profit, taxes and duties, together with all general
risks, liabilities and obligations set out in the Contract.
5. For Item rate tenders, the Bill of Quantities will show in the bidding documents the rates used for
different items.
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