Kashmir Irrigation & Flood Control Department, Srinagar. T e n d e r For DREDGING OF RIVER JHELUM

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1 Kashmir Irrigation & Flood Control Department, Srinagar. T e n d e r For DREDGING OF RIVER JHELUM "Under immediate Dredging Plan Phase I of OFC (River Jhelum) from Sopore to Sheeri Baramulla at various spots State/Central Assistance Plan-(FMP). T e n d e r D o c u m e n t July 2015 Head Office, Chief Engineer, Kashmir Irrigation & Flood Control Department, Silk Factory Road RaghBagh Srinagar ce@ifckashmir.com Implementing Agency Irrigation & FC Division Baramulla - exenifcdbaramulla@ifckashmir.com ifcdbaramulla@gmail.com Page No.: 0

2 GOVERNMENT OF JAMMU & KASHMIR OFFICE OF THE EXECUTIVE ENGINEER, IRRIGATION AND FLOOD CONTROL DIVISION BARAMULLA KASHMIR Fresh Tender Notice No.: 18 of (e-tender) SUBJECT WORK: Dredging of OFC (River Jhelum) from Sopore to Sheeri Baramulla at various Spots. For and on behalf of the Governor of J&K State (India), the Department of Irrigation and Flood Control, Kashmir, intends to invite online tenders (Two cover system) from intending parties/firms/companies/joint venture consortiums /National/ International level and repute on comprehensive and extensive basis for the following works to be expedited within a period of twenty calendar months on turnkey basis, possessing the following pre-qualification criteria; a) Have proper license/registration or have entered in a memorandum of understanding (M.O.U)/Agreement duly notarized in Court by not less than the rank of a Magistrate with any registered firms/companies/joint venture consortiums/consultants National/ International level and repute who are licensed or authorized to take such kind and nature of contracts/works by the competent authority/board of state or by the Govt. of India (State of India) or from an international regulatory authority (in case of international consortium/company). b) Have sufficient experience and establishment, expertise, specialization, and infrastructure facility/s available with expertise logistic support etc. in the field of Dredging activity in Ports/Harbors/Rivers/Lakes by deploying suitable men and machinery, demonstrated through execution of Dredging works. FOR Dredging of (OFC) River Jhelum in Northern part of Kashmir valley at various spots/ sections utilizing the services of suitable combination of earth moving / water borne machines such as a Cutter Suction Dredger (CSD), Trailer Suction Hopper Dredger (TSHD), Backhoe/Grab/Plough dredger, etc. for the specified detailed scope of work along with skilled and highly experienced operational / supervisory work force. The bidding documents consisting of qualifying information, eligibility criteria, Bill of Quantities [B.O.Q.] set of terms and conditions of contract and other details can be seen/downloaded from the website as per schedule of dates given hereunder: 1. Date of issue of Tender Notice 28/07/ :00 PM 2. Start of downloading 29/07/ :30 PM 3. Bid submission start date 29/07/ :00 AM 4. Pre Bid consultation & Venue 03/08/2015 Chief Engineer Kashmir Irrigation & Flood Control 11:00 AM Department Srinagar office at Rajbagh Srinagar 5. Bid Submission end date 08/08/ :00 PM 6. Date of submission of Hard copy 11/08/ :00 PM 7. Date of opening of 1st cover 12/08/ :00 Noon Rs in the shape of crossed Indian postal order, Demand draft or Cash through 8. Bid Document Fee ( Non Refundable ) G.R. in favour Executive Engineer Flood Control Division Baramulla. 9. EMD (INR) Rs Lacs in the form of CDR/FDR/ BG, of Scheduled/ Nationalized Bank, having branch in Srinagar. Page No.: 1

3 1. Bid documents can be seen at and downloaded from the website from the date of document download. 2. The Bids shall be deposited on the website from the date of bid submission date to bid closing date. 3. The original copy of EMD and other relevant documents as specified in tender document must reach the office of the Chief Engineer, Kashmir Irrigation and Flood Control Department Srinagar through registered / speed post /by hand within 02 days during Office hours (i.e., 10:00 am to 4:00 pm) after due date of uploading of the Tender Document. 4. The complete bidding process will be online through 5. Bids must be accompanied by bid security and cost of Tender Document as specified in the NIT, payable at Srinagar. Bid security will have to be in the form of CDR/FDR or an irrevocable BG of any scheduled bank and shall have to be valid for two months beyond the bid validity period. The cost of downloaded tender documents should be in form of postal order, Demand draft payable at Srinagar or Cash through G.R. in favour of the Executive Engineer, I&FC Division Baramulla. 6. The bid for the said work shall remain open for acceptance for a period of 120 days from the date of opening of bids. If any bidder/tenderer withdraws his bid/tender before the said period or makes any modifications in the terms and conditions of the bid, the said earnest money shall stand forfeited. 7. Other details can be seen in the bidding documents from the website 8. Instruction to bidders regarding e-tendering process a. The interested bidder can download the NIT/bidding document from the websitehttp://jktenders.gov.in To participate in bidding process, bidders have to get (DSC) Digital Signature Certificate as per Information Technology Act-2000, to participate in online bidding. This certificate will be required for digitally signing the bid. Bidders can get above mentioned digital certificate from any approved vendor. The Bidders, who already possess valid (DSC) Digital Signature Certificates, need not to procure new Digital Signature Certificate. b. The bidders have to submit their bids online in electronic format with Digital Signature. The bids cannot be uploaded without Digital Signature. No Proposal will be accepted in physical form. c. Bids will be opened online as per time schedule. d. Before submission of online bids, bidders must ensure that scanned copies of all the necessary documents have been attached with bid. e. The department will not be responsible for delay in online submission of bids whatsoever reasons may be f. All the required information for bid must be filled and submitted online. g. Bidders should get ready with the scanned copies of cost of documents & EMD as specified in the tender documents. The original instruments in respect of cost of documents, EMD and relevant documents be submitted to the Tender Inviting Authority by Speed/Registered post/courier as per time schedule specified. h. The details of cost of documents, EMD specified in the tender documents should be the same, as submitted online (scanned copies) otherwise bid will not be accepted. i. Bidders are advised to use My Documents area in their user on jktenders.gov.in, e-tendering portal to store important documents like Experience certificate, Balance sheet, VAT Certificate, sales Tax Clearance Certificate and other related documents etc., and attach these certificates as Non Statutory documents while submitting their bids. j. Bidders are advised not to make any change in BOQ (Bill of Quantities) contents or its name. In no case they should attempt to create similar BOQ manually. The BOQ downloaded should be used for filling the net item rate inclusive of all taxes and it should be saved with the same as it contains. k. Bidders are advised to scan their documents at 100 DPI (Dots per Inch) resolutions with Black and White, JPEG Scan properly, convert scanned images to PDF l. The guidelines for submission of bid online can be downloaded from the website Executive Engineer Irrigation & FC Division Baramulla No.: I&FCDB / Dated: 28/07/2015. Page No.: 2

4 Copy to the:- 1. Divisional commissioner Kashmir for information 2. Secretary to Govt. Department of PHE/ I&FC for information 3. Chief Engineer Irrigation and Flood Control Department, Srinagar for information. 4. District Development Commissioner Baramulla for information. 5. Superintending Engineer Hydraulic Circle Baramulla/Bandipora for information. 6. Superintending Engineer Mechanical circle Srinagar for information 7. Director Information Department, Srinagar for information. He is requested to get the NIT published in two leading local national & daily before its due date 8. Private Secretary to Chief Minister J&K State civil secretariat Srinagar for information of Hon ble Chief Minister. 9. Private secretary to Minister for PHE/I&FC department J&K State Civil Secretariat Srinagar for information of Hon ble Minister 10. Private secretary to MOS for PHE/I&FC, Animal Husbandry and Forest department J&K State Civil Secretariat Srinagar for information of Hon ble Minister 11. Private secretary to Chief secretary Government of Jammu and Kashmir Civil Secretariat Srinagar for information of chief Secretary 12. Private Secretary to Principal Secretary planning and development department civil secretariat Srinagar for information of Principal Secretary Planning and Development. 13. Private Secretary to Commissioner Secretary Finance civil secretariat Srinagar for information of Commissioner Secretary Finance. 14 Executive Engineer I&FC Division Sumbal for information. 15 Executive Engineer Flood Mechanical Division Baramulla for information 16 Assistant Executive Engineer Flood Sub Division Baramulla for information Contractors Association Baramulla / R&B Baramulla / Rafiabad / Bandipora / Pattan / Uri/ Sheikh Bagh/ Court road / Narbal / Sada Bahar Sonar Qalipora/ Sumbal/ /National Contract Association, Chadoora/ Pirpanchal / Anantnag/ Kulgam/ Pulwama & Srinagar H.D/ H.A /A.A.O/ Divisional office for information. 37. Notice Board. Page No.: 3

5 INDEX S. No. Description Page No 1. Notice Inviting E-Tender Broad Band Information Appendices Instructions To Tenderer/s General Conditions Of Contract Special Conditions Of The Contract Form Of Bid Sample of Form-25 double Typical Drawing. 74 onwards Page No.: 4

6 GOVERNMENT OF JAMMU & KASHMIR OFFICE OF THE EXECUTIVE ENGINEER, IRRIGATION AND FLOOD CONTROL DIVISION BARAMULLA KASHMIR The Bidding documents consisting of eligibility criteria, specification, bill of quantities (B.O.Q) set of terms & conditions of contract and other details can be seen/ downloaded from the departmental website and the broad band information is given below; BROAD BAND INFORMATION General Client Name Division Name of Work Quantity Bidding Type Completion Period Amount Details Bid Document Fee ( Non Refundable ) EMD (INR) EMD in favour of Kashmir, I&FC Department Srinagar 1. Executive Engineer I&FC Division Baramulla Dredging of OFC (River Jhelum) from Sopore to Sheeri Baramulla at various Spots Lac cum Open Twenty Calendar Months from the date of Issue of letter of Intent or Allotment, whichever is earlier. Rs in the shape of crossed Indian postal order, Demand draft or Cash through G.R. in favour Executive Engineer Irrigation & Flood Control Division Baramulla. Rs Lacs in the form of CDR/FDR/ BG, of Scheduled/ Nationalized Bank, having branch in Srinagar. Chief Engineer Kmr. I&FC Department Srinagar Tender Dates Date of issue of Tender Notice 28/07/ :00 PM Start of downloading 29/07/ :30 PM Bid submission start date 29/07/ :00 AM Pre Bid consultation & Venue 03/08/2015 Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar office at Rajbagh Srinagar 11:00 AM Bid Submission end date 08/08/ :00 PM Date of submission of Hard copy 11/08/ :00 PM Date of opening of 1st cover 12/08/ :00 Noon Bid Validity Period 120 days from the last date of online submission of the tender Page No.: 5

7 Submission of physical documents Joint venture Officer Inviting Bids Bid Opening Authority Address Physical documents: (1) Tenders Fees (2)Letter of Application (3)EMD (4)Company Profile & Other supportive Documents (5) PAN Card (6) Service Tax Number Applicable Executive Engineer Irrigation & FC Division Baramulla Chief Engineer Kmr. I&FC Department Srinagar Chief Engineer Kmr. I&FC Department Srinagar at Rajbagh Srinagar. Page No.: 6

8 GOVERNMENT OF JAMMU & KASHMIR OFFICE OF THE EXECUTIVE ENGINEER, IRRIGATION AND FLOOD CONTROL DIVISION BARAMULLA KASHMIR Fresh Tender Notice No.: 18 of (e-tender) TENDER DOCUMENT GENERAL TERMS AND CONDITIONS: 1. SCOPE OF WORK:-The scope of work generally includes the following: 1.1. To mobilize suitable heavy earth moving /water borne combination of machines such as Cutter Suction Dredger (CSD), Trailer Suction Hopper Dredger (TSHD), Backhoe/Grab/Plough dredger, etc. for the specified detailed scope of work along with skilled and highly experienced work force To mobilize requisite survey spread for carrying out the in-survey, out-survey, progress surveys etc. for monitoring and measurement of the dredging works To carryout dredging as a turnkey job in the River Jhelum at various designated sites without disturbing the embankments by mechanized means up to required depth, width and gradient in all kinds of soil/silt/mud/various grades of sand/gravel/boulder etc. within the proposed time schedule, as per the existing width of the river and in consultation with EIC Disposal of dredged out material through a lead of 300 meters to 3000 mtrs, (Ref Chart on Annexure (I) at Page No.: 15). The dredged out material to be finally disposed by the agency himself by way of sale of the material The work shall be done as per the directions and close supervision of in charge site Engineer or his authorized representative. 2. Bidders can get digital certificate from any approved vendor. The bidders have to submit their bids online in electronic format. 3. Bidders must ensure to upload scanned copy of all necessary documents with bid. Besides original/photocopies of documents related to the bid be submitted physically through registered post/ courier or by hand before the due date of receipt of bids. Contractor/Bidder who fails to submit the hard copies for their uploaded tenders shall be summarily rejected.only those bidders shall be qualified to quote for the job who shall furnish the self-attested copies of the following documents as applicable: 3.1. Registration Certificate with TIN Sales Tax Clearance Certificate of the latest quarter or Sales Tax Return on Form 64 showing TIN No. therein Certificate of Experience of having successfully executed works of similar nature issued from any govt. /semi govt./corporation/semi govt. undertaking Annual turnover for the last three years Pan Card Number certificate. 4. The bids shall be submitted in electronic format on the website from 29/07/2015 ( 11:00 am) to 08/08/2015 ( 04:00 pm ). The bids uploaded on the website up to due date and time will be opened on the time and date (given in the list of important dates enclosed), in the office of the Chief Engineer I&FC Department Kashmir Srinagar in presence of the bidders who wish to attend. In case Offices happen to be closed on the scheduled date of opening due to holiday or any other reason, the bids will be opened on the next working day at the scheduled time and venue. 5. SUBMISSION OF TENDERS: The Bid should be prepared by the bidder and shall be submitted online in two covers COVER 1 ST : First cover shall contain: Techno-commercial / Un-priced Bid Bid Security, Bidding document fee and No deviation Certificate. Page No.: 7

9 5.2. COVER 2 ND : shall contain Price Bid. 6. TECHNO-COMMERCIAL/ UNPRICED BID (COVER 1 ST ):The bid prepared by the bidder shall comprise the following components: 6.1. Scanned copy of covering letter 6.2. Scanned Details of work experience meeting the tender requirement submitted by bidder Scanned copy of Details of dredging equipment and logistic owned by bidder or their Group Scanned copy of covering Bidder queries for pre-bid meeting Scanned copy of covering Schedule of Rates with prices blanked out mentioning Quoted/ Not quoted against each item Tenderers Information Appendix I 6.7. Statement of Similar Works as per eligibility Criteria, Executed/Completed /substantially completed during the last 5 years ending Appendix-II 6.8. Statement of works abandoned/left Incomplete Appendix III 6.9. Annual Turnover Record Appendix IV along with copy of certified Annual Reports Litigation History Appendix V Undertaking by Tenderer Appendix VI Affidavit by Tenderer/ JV partners Appendix VII Joint Venture Agreement Appendix VIII Certificate of Familiarization Appendix- IX Scanned copy of covering Letter of Authority in favour of any one of bidder s executive having authority to attend the un-priced and price bid opening on specified dates and venue Scanned copy of Power of Attorney in favour of person (s) signing the bid that such person (s) is/are authorized to sign the bid on behalf of the bidder and any consequence resulting due to such signing shall be binding on the bidder Scanned copy of All necessary documents to establish the Bidders Qualification Criteria Scanned copy of Details regarding PF, PAN and Service Tax Registration certificates Any other information/ details required as per Bidding Documents Scanned copy of Requisite Bid Security / EMD as per Bidding document 7. PRICE BID (COVER 2 ND ): Price bid shall contain following: 7.1. Bid form as per BOQ 8. BID PRICES: 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 department Rates must be filled in formats for Schedule of Rates' enclosed as part of bidding Document. If bidder quotes in separate typed sheets and any variation in item description, unit of measurement, etc. is noticed, then the bid is liable to be rejected Bidder shall quote for all the items of Schedule of Rates after careful analysis of cost involved for the performance of the completed item considering all parts of the Bidding Document. In case any activity though specifically not covered in description of item under Schedule of Rates' but is required to complete the work as per Scope of Work, Specifications, Standards, General Conditions of Contract, Special Condition of Contract or any other part of Bidding Document, the prices quoted shall deemed to be inclusive of cost incurred for such activity. 9. TAXES AND DUTIES: 9.1. The quoted prices shall be inclusive of all taxes and duties including Excise Duty, Sales Tax, State Entry Tax, VAT (on goods consigned to department), VAT on Works Contract and any other taxes/duties / levies as applicable. Service 12.60%, Income 2.10 % & 1% Labour cess. Contractor shall not be compensated for any change in taxes and duties due to wrong assessment. It shall be presumed that bidders have ascertained all applicable taxes, duties, levies etc. for the said work and quoted rates accordingly. Service tax and cess thereon Page No.: 8

10 (including statutory variation, if any) shall be paid, wherever service provider is liable to pay service tax, on submission of invoice(s) as per Service Tax Rule. In addition to above, invoice / bill shall be serially numbered and should also specify following: The name, address and registration number of the service provider The name and address of the recipient of the taxable service Description, classification and value of taxable service provided and The service tax payable on such services Bidder shall be solely responsible for ascertaining all types of taxes and duties applicable for providing the services as mentioned in the scope of work. Department shall deduct income tax/withholding tax as applicable from the payments due to the bidder under the contract Rates shall be firm and fixed until the completion of work in all respect. No variation on any account shall be payable, except if provided in SCC (Special Conditions of Contract) / GCC (General Conditions of Contract) The bidder shall quote the prices both in figures as well as in words. There should not be any discrepancies between the price indicated in figures and the price indicated in words Quoted rates shall also be inclusive of all costs towards carrying out any surveys, travel, site visits by the personnel, boarding, lodging, incidental expenses etc. required for scope of work. 10. BID CURRENCY: Bidder shall quote in Indian Rupees only and shall receive the payment in such currency. 11. BID VALIDITY: Bid submitted by bidder shall remain valid for a minimum period of 120 days from the date of opening of un-priced bids. Bidder shall not be entitled during the said period of four months, without the consent in writing of the department, to revoke or cancel their Bid or to vary the Bid given or any term thereof. 12. BID SECURITY/EARNEST MONEY DEPOSIT (EMD): Bidder shall furnish, as part of its Bid, a Bid Security for an amount as indicated in the Invitation for Bids. The Bids not accompanied with Bid Security or Bid Security not as per the Bidding Document shall be considered as non-responsive and such bids shall be summarily rejected and returned unopened The bid security (interest free) for the amount indicated in Invitation for Bids shall be in the form of FDR/CDR drawn on any Indian Scheduled Bank situated in Jammu and Kashmir state of India and Registered with Reserve Bank of India in favour of Chief Engineer Kmr Irrigation & Flood Control or in the form of a non-revocable bank guarantee which should be valid for 2 months beyond validity of bid i.e. 6 (six) months beyond deadline for bid submission. Department shall not be liable to pay any bank charges, commission or interest on the amount of bid security. The EMD of non-responsive bidders who have not been short-listed for price bid opening shall be returned before price bid opening. However, EMD of unsuccessful bidders whose price bids have been opened shall be returned only after award of contract Bid Security of the successful bidder will be discharged or returned upon the bidder's executing the Contract and furnishing the Contract Performance Guarantee The bid security may be forfeited: If a bidder withdraws its bid during the period of bid validity. Or if a bidder modifies his bid during the period of bid validity, except if such modification is solicited by department in writing, or if a bidder does not accept the correction of arithmetical errors if any, or In case of a successful bidder, If the bidder fails, within the specified period: to sign the Contract Agreement to accept the arithmetic corrections AND/OR to furnish the Contract Performance Guarantee Page No.: 9

11 if bidder commits any fraud while competing for the contract as per fraud prevention policy. 13. In case the 'Cover First' of the tender, scheduled to be opened, cannot be opened on that day, the subsequent date of opening will be informed to the tenderers separately. 14. Any tender uploaded on expiry of prescribed date & time, will be treated as an invalid tender. 15. After the tenders are opened, no tenderer shall be allowed to make any change of specification or the Prices or terms and conditions quoted by him, unless specifically asked to do so by the Department in writing by way of clarifications. 16. The Chief Engineer I&FC Department Kashmir Srinagar reserves the right to himself to reject, or, accept any or all tenders in part or in full, without assigning any reason thereof. 17. For any typographical error or omission in the various conditions and contents of the tender document, the interpretation as given by the Department will be final and binding upon the tenderers. 18. Conditional tenders such as subject to market fluctuation etc. will not be accepted. 19. The earnest money deposit shall be refunded in favor of unsuccessful tenderer immediately after finalization of the tender, whereas it shall be retained in case of successful tenderer and treated as security deposit to be refunded after successful completion of the contract. 20. The earnest money deposit of the tenderer/s shall be forfeited if they withdraw their tender or revise the prices of their offer within the validity period or violate any of the terms and conditions contained herein. 21. Any change in the specification of the job as a result of expert advice to Government, will be accepted by the contractor. 22. Tenders not submitted on the lines indicated are liable to be rejected without correspondence. 23. The prices are firm and final except to any revision in tax structure to be allowed as applicable subject to production of documentary proof. 24. The site of work is proposed in district Baramulla/ Bandipora of Northern part of Valley, Jammu and Kashmir State of India. 25. BIDDERS QUALIFICATION CRITERIA :To be eligible tenderer shall provide satisfactory evidence to the department of their eligibility, capability and adequacy of resources. For this, all offers submitted shall include the following information to meet the minimum Bidders Qualification Criteria: TECHNICAL CRITERIA: Bidder should have experience of having successfully completed either of the following similar works during last03 years ending last day of month previous to one in which bids are invited: Three similar works of quantity not less than 9.00 lac cum or Two similar works of quantity not less than 6.50 lac cum or One similar work of quantity not less 4.50 lac cum Each work should have been done under single contract at single site FINANCIAL CRITERIA: The average annual turnover of the Bidder, in the preceding three financial years as on the date of Techno-Commercial bid opening, should not be less than INR 20 Crore The Bidder should have valid PAN and Service Tax Registration Bidders shall submit following documents in support of above: Legible copies of the Letter of award/relevant Work order for the qualifying jobs, job completion certificate/ performance certificate etc. clearly indicating the Name of Work, Contract Value, Scope of Work, Contract period, actual date Page No.: 10

12 of execution, executed quantity of dredging work etc. as documentary evidence in support of successful execution of the qualifying jobs Copy of audited Balance Sheet and Profit & Loss Account Statement for immediate preceding three completed financial years Bids must be accompanied with scanned copies of (1) Requisite Bid Security/EMD as per prescribed norms (2) Requisite Bidding document fee and (3) No Deviation Certificate. In case the requisite documents are not accompanied, shall be considered as non responsive and such bids shall be summarily rejected and returned un-opened to the bidder An affidavit that, tenderer:- has not been declared bankrupt by any institution or Government. has not been black listed by the Government or any other organization for failure to any dues. has not been adjudged by any court as insolvent or was/were not under any law for an offence involving moral turpitude or any criminal activities etc. was not detained under any preventive law Tenderer should attach the proof with regard to Permanent Income Tax In case of a J.V./Consortium it is obligatory that all constituents of the bidder shall provide their M.O.U. and their consent in writing to establish the legality, credibility of their association. In the case of a partnership firm or consortiums, names of all partners should be disclosed and the offer shall be signed by all the partners or in the event of absence of any partner, it shall be signed on his behalf by a person holding a power of attorney, authorizing him to do so along with duly attested copy of the partnership deed should be furnished along with the offer. In the case of a limited Company/Joint venture, the names of all the Directors should be mentioned and the offer should be accompanied by a certificate certifying that the person signing the offer is empowered by a resolution of the Board of Directors to do so on behalf of the company and a certified copy of the resolution along with a copy Memorandum and Articles of Association of the company should be furnished. The Member/ Members of Joint venture should have satisfactorily completed similar nature of work as required. 26. Irrespective of their registration status with their offer, Department reserve the right to get the credibility of any tenderer re-verified through the inspecting agencies to be nominated by the Government of Jammu and Kashmir. 27. A firm/company or joint venture will upload his/their tender either as individual firm/company or as joint venture only. In case any firm/company submits his/their Price bid both as individual firm/company and as JV with other firm/company, both the offers shall be considered as invalid. 28. In case of JVs having common partner/s shall upload their bid under one JV only. In case bids are received from more than one JV having common partner/s, their offers shall be considered as invalid. 29. If it is found that any tenderer/s has/have furnished misleading/wrong or fraudulent information/documents, his/their tender shall not be considered and the EMD of the tenderer/s will be forfeited. 30. If the documents/information submitted is found to be wrong /fraudulent at any stage after award of work, the contract may be terminated and the work shall be executed at the risk and cost of the Tenderer /contractor. 31. e-tender received without Earnest Money in the form and value specified in the tender document shall be summarily rejected. 32. The Chief Engineer I & FC Srinagar reserves the right to postpone the tender submission/opening date and to accept/reject any or all tenders without assigning any reasons thereof. The decision of Page No.: 11

13 the Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar after assessment of suitability as per eligibility criteria shall be final and binding. 33. SITE VISIT: Bidder is advised to visit and examine the site, its surroundings and familiarize 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 The bidder and any of his personnel or Agents will be granted permission by the department to enter upon his premises and lands for the purpose of such inspection. Department shall provide necessary assistance with regard to acquaintance of the site, if required, to the bidder(s) for the purpose of site visit The tenderer should visit the sites and assess by himself the availability of resources such as disposal sites, water, electricity, fuel, land for disposal and skilled/ unskilled manpower as these shall have important bearing on the cost. 34 Proposal : The work in question envisage the dredging of River Jhelum including disposal of dredged out material by way of sale of material by the executing agency. 35. The bidder shall bear all costs associated with the preparation and delivery of its Bid, including costs and expenses related to visits to the site and the department will in no case be responsible or liable for these costs regardless of the outcome of the bidding process. 36. No accommodation will be available with the department for the contractor or for any of the workman engaged by him. 37. No launch shall be provided by the department for the purpose of dredging. The contractor has to make his own arrangements for launching etc. 38. The contractor will make his own arrangements for electric power requirements at his own risk and cost. 39. The material to be dredged out consist of mainly of silt, sand, gravel, peat, boulders etc. However, no responsibility is taken by the department that material actually to be dredged out will correspond with that described, the contractor shall satisfy himself by any means he require and at his own cost 40. The contractor shall program his dredging in such a manner that whole of the work is completed within allotted time & the contractor has to give the considering amount against the lifting / sale of dredged out material (comprised of sand, silt, earth & boulders of different size) carried by himself at various reaches. 41. BIDDING DOCUMENT, CLARIFICATIONS AND AMENDMENT: BIDDING DOCUMENT: The Bidding Document shall be read in conjunction with any Amendment / Corrigendum / Addendum/ Clarifications, etc. issued from time to time The bidder is expected to examine the Bidding Document, including all instructions, forms, terms, specifications and drawings in the Bidding Document. Failure on part of bidder to furnish all information required as per the Bidding Document or submission of a bid not substantially responsive to the Bidding Document may result in the rejection of the bid All Amendments / Corrigendum / Addendum / Clarifications, etc. (if any), shall be hosted on the website and shall not be published in newspapers or sent by post/ . Hence, all interested /prospective bidders are advised to regularly visit website for any updates. Bidders who submit their bids shall be presumed that they have gone through and are aware of all Amendments / Corrigendum / Addendum / Clarifications / etc. to bidding document (if any) issued and any claim from bidder that such Amendments / Page No.: 12

14 Corrigendum / Addendum / Clarifications / etc. to bidding document (if any) were not received by them, will not be entertained CLARIFICATION OF BIDDING DOCUMENT: Although the details presented in this Bidding document consisting of Conditions of Contract, Scope of Work and Specifications and Drawings have been compiled with all reasonable care, however it is the bidder s responsibility to ensure that the information provided is adequate and clearly understandable Bidder shall examine the Bidding document thoroughly in all respect and if any conflict, discrepancy, error or omission is observed, bidder may request information/ clarification/query of the Bidding Document in writing at Department s mailing address indicated in the Instructions. Department will respond to such clarification or queries by issuing Amendment / Corrigendum / Addendum / Clarifications / etc. which shall be hosted on the website only and shall not be published in newspapers or sent by post/ to bidders. Bidders who submit their bids shall be presumed that they have gone through and are aware of all Amendments / Corrigendum / Addendum / Clarifications / etc. to bidding document (if any) issued and any claim from bidder that such Amendments / Corrigendum / Addendum / Clarifications / etc. to bidding document (if any) were not received by them will not be entertained PRE-BID MEETING: The prospective bidder (s) or his designated representative, who have downloaded the bid document are invited to attend a pre-bid meeting which will take place as per date and venue given in instructions The purpose of meeting will be to clarify issues and to answer queries on any matter that may be raised by the due date The bidder is requested, as far as possible, to submit queries (if any) by to reach office not later than 2 days before the pre-bid meeting. It may not be practicable at the meeting to answer queries received late, but queries and responses/clarifications will be hosted on website Any modifications of the bidding documents that may become necessary as a result of the pre-bid meeting shall be made by department exclusively through the issue of an Amendment / Corrigendum / Addendum / Clarifications / etc. which shall be hosted on the website Non- attendance of the pre-bid meeting will not be a cause for disqualification of the bidder Any failure by Bidder to comply with the aforesaid requirement shall not excuse the bidder, after subsequent award of contract, from performing the work in accordance with the agreement Bidders are requested to resolve all their clarifications/queries to the Bidding Document before due date of submission of bid. Thereafter bidders are requested to submit their bid in total compliance to Bidding Document without any deviation / stipulation / clarification / assumption AMENDMENT OF BIDDING DOCUMENT: At any time prior to the deadline for submission of bids, the department or his authorized representative may, for any reason whether at its own initiative or in response to a clarification requested by Bidders, modify the Bidding Document by Amendments /Corrigendum / Addendum / Clarifications / etc. Page No.: 13

15 The Amendment shall be part of the Bidding Document. All Amendments / Corrigendum / Addendum / Clarifications / etc. (if any) and shall be hosted on the website only and shall not be published in newspapers or sent by post/ to bidders Bidders have to take into consideration of all such Amendments / addendum/ corrigendum/ clarifications, etc. web hosted, before submitting the bid In order to accord bidder reasonable time to take the Amendment into account in preparing their bids, the department or his authorized representative(s) may, at its discretion, extend the deadline for the submission of bids. 42. CONFIDENTIALITY OF BIDDING DOCUMENT: The Bidding Document is and shall remain the exclusive property of the department without any right to Bidder to use them for any purpose except for the purpose of bidding. 43. CONSORTIUM / JOINT VENTURE BIDS: Bids from Consortium and Joint Venture are acceptable. 44. Chief Engineer/Executive Engineer may at its discretion extend the deadline for submission of the tenders at any time before the time of submission of the tenders. 45. Site Data: The general specifications of various reaches of river Jhelum where dredging has to be carried out have been tabulated as Annexure (I): Page No.: 14

16 Annexure (I) REAECH Out Fall Channel S No SPOT / REACH Avg. tentative qty. to be dredged out in phase I (Lac Cum) 1 OFC RD 5.30 Km 10.2 Km (D/s Sopore Bridge) O.F.C from D/s Khanpora bridge to Sheeri Bla from RD Km to Km (Eco Park) Avg. Static head from bed of river to delivery point 10 mtrs. Nature of River bed Material Silt/ Coarse Sand/ gravel/ etc. Silt/ Coarse Sand/ gravel/ boulders etc. Avg. dredging depth 1.50 m to 2.00 m Avg. Max water depth (M) Summer 5.00 m to 6.00 m Avg. Min water depth (M) Winter 3.00 m to 4.00 m Avg. lead of disposal 300 m to 3000 m However the agency has to satisfy with his own survey / resources regarding the site specifications etc. Page No.: 15

17 46. CARE IN SUBMISSION: Before submitting the tender, the tenderer will be deemed to have satisfied himself by his actual inspection of the site, climatic condition records from state government and/or Indian Meteorological Department and the locality of the works that all conditions liable to be encountered during execution of the works are taken into account and that the rates quoted by the tenderer in the tender schedule are adequate and all inclusive for the completion of works to the entire satisfaction of the Engineer in charge No claim by the Contractor for additional payment or any extension of time shall be allowed on the ground of any misunderstanding or misapprehension in respect of the matters on the grounds that incorrect or insufficient information was given to the Contractor by any person whether or not in them employment of the Department or that the Contractor failed to obtain correct and sufficient information The Contractor shall not be relieved from any risk or obligation imposed on or undertaken by him under the Contract on any such ground or on the ground that he did not or could not foresee any matter which may affect or have affected the execution of the Works, or compliance with his other obligations under the Contract The Department of Irrigation & Flood Control will not be bound by any Power of Attorney granted by the tenderer or by changes in the composition of the firm made subsequent to the execution of contract. It may, however, recognize such Power of Attorney and changes after obtaining proper legal advice, the cost of which will be chargeable to the contractor. 47. RETURN OF EARNEST MONEY: The Earnest money by the tenderer shall be refunded (except three lowest tenderer). The earnest money of the successful tenderer will be refunded after successful and satisfactory completion of the contract. However EMD of 3rd lowest tenderer shall be released after finalization of the contract & that of 2nd lowest tenderer, after the 1st lowest starts the work. 48. IDENTITY OF TENDERER: Tenderer/s should specifically and fully disclose in their respective tenders, their respective constitutions and submit along with each tender attested Photostat copies of documents like partnership deed, Articles and Memorandum of Association, Certificate of incorporation etc. If a tenderer is a firm i.e. partnership business, it should be stated whether the same is registered under the Partnership Act, and the name and address of all the partners of the firm should be fully disclosed. The Department shall always have the liberty to demand production of the original of the said documents and also to make such further and other requisitions regarding the constitution of the tenderer as may be considered necessary. 49. Joint venture If the work is tendered by Joint venture, i) It shall be accompanied by MOU signed by all parties to the joint venture outlining therein clear representation and the definite manner of working and the proposed administrative and financial arrangement for the management and execution of assignment as per the signed agreement. ii) The authorization of lead partner shall be evident by a power of attorney signed by legally iii) authorized signatories of all the partners The Executive Engineer/s shall interact with the lead partner for the entire duration of the contract including making payment and lead partner shall make all correspondence on behalf of the Joint Venture. v) The joint agreement should state that all partners shall jointly and severally be responsible for the execution of the contract. v) Lead partner should be authorized to incur liability and receive instructions for and on behalf of any or all partners. vi) The bid documents are to be purchased in the name of joint venture only. All financial transactions shall be from a separate account in the name of joint venture. Page No.: 16

18 vii) The joint venture agreement shall be submitted on Standard Performa, which is a part of this tender document. (Appendix - VIII) A firm/company or joint venture will submit his/their Price bid either as individual firm/company or as joint venture. In case any firm/company submits his/their tender both as individual firm/company and as JV with other firm/company, both the offers shall be considered as invalid. 50. LANGUAGE OF BID: The bid prepared by the Tenderer and all documents related to the bid shall be written in English only. 51. SIGNING OF ALL BID PAPERS AND COMPLETING STATEMENT OF ADVERTISED QUANTITIES The tender documents, drawings and statement of advertised Quantities uploaded by tenderer shall be signed by the tenderer or his representative holding the Power of Attorney (Enclose Original Power of Attorney) In case of sole proprietorship, an Affidavit of Sole Proprietorship and if the tender is signed by any other person, Power of Attorney by the Sole Proprietor in favour of Signatory In case of Partnership, if tender is not signed by all the partners, Power of Attorney in favour of the signatory authorizing him to sign the documents. The person signing the documents should also have a specific authority to refer disputes with the partnership firm to arbitration In case of a Company, copy of the Board Resolution authorizing the signatory to sign on behalf of the Company All the members of the joint venture shall be jointly and severally responsible for all the acts done on behalf of the joint venture & tender bids shall be jointly signed by all members of the Joint Venture so as to legally bind them jointly and severally. In case tender is signed by legally authorized signatory, a certified copy of Power of Attorney from each partner of the joint venture should be submitted. Tenders must be submitted with a copy of Joint Venture agreement as per Appendix VIII, in case work is tendered for by Joint Venture While filling up the rates in the Statement of advertised Quantities, tenderer/s shall ensure that there is no discrepancy in the rates mentioned in figures and words. In case of any discrepancy, the unit rate mentioned in the words shall be taken as final and binding The tenderer must fill and submit the prices as per instructions given in Statement of advertised Quantities. He shall not make any addition or alteration in the tender documents. The requisite details should be filled in by the tenderer wherever required in the documents. Incomplete tender or tender not submitted as per instructions is liable to be rejected. If a tenderer does not quote a price/rate for any Statement of advertised Quantities item, his tender shall be summarily rejected Any documents containing erasers, use of correction fluids and alterations in tender documents are liable to be rejected. In case of any corrections, the same should be in INK and must be attested by tenderers under full signature, date and stamp/seal DEVIATIONS, OMISSIONS & DISCREPANCIES: 551. It shall be understood that every endeavor has been made to avoid any error which can materially affect the basis of the tender and the successful tenderer shall take upon himself and provide for the risk of any error which may subsequently be discovered and shall make no subsequent claim on account hereof The tenderer should clearly read and understand all the terms and conditions, specifications, drawings, etc. mentioned in the original tender documents. If the tenderer has any observations, the same may be brought up in pre-bid meeting. Tenderers are advised not to make any corrections, additions or alterations in the original tender documents. If tenderer/s makes any correction in his own entries the same shall be initialed and stamped by him. If this condition is not complied with, tender is liable to be rejected 53. PERIOD OF VALIDITY OF THE TENDER: The tender shall remain valid for the period indicated in General Information after the date of the opening of the Un-Price Bid. If the Tenderer gives validity period less than that fixed/prescribed by Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar, the tenderers shall be asked for its extension otherwise liable to be rejected. Page No.: 17

19 53.2. Notwithstanding the above clause, Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar may solicit the tenderers consent to an extension of the validity period of the tender. The request and the response shall be made in writing. 54. DEADLINE FOR SUBMISSION OF TENDER: The tender may be uploaded on web site not later than the date and time mentioned in the NIT. 55. WITHDRAWAL OF TENDER: No tender can be withdrawn during tender validity period, however can be withdrawn as per options available in e-tendering i.e. before last date of submission of tenders Submission of a tender by a tenderer implies that he has read all the tender documents including amendments if any, visited the site and has made himself aware of the scope and specifications of the work to be done, local conditions and other factors having any bearing on the execution of the work. 56. OPENING OF THE TENDER: Tenders will be opened at the address mentioned in Notice Inviting Tender in presence of tenderers or authorized representatives of tenderers who wish to attend the opening of tenders and is not compulsory as they can refer to the web site to know the status of tender Tenderer s name, presence or absence of requisite Earnest Money, total cost of work quoted or any other details can be viewed on the departmental web site CLARIFICATION OF THE TENDERS: To assist the examination, evaluation and comparison of the tenders, Chief Engineer Kashmir Irrigation & Flood Control Department Srinagar may at his discretion ask the tenderers for any clarifications as considered essential. All such correspondence shall be in writing and no change in price or substance of the tender shall be sought or permitted. The above clarification for submission of the details shall form part of the tender and shall be binding on tenderer. 58. PRELIMINARY EXAMINATION OF TENDERS: The Department will examine the tenders in first stage to determine whether they are complete, or any computational errors have been made, or the documents have been properly signed and in general whether the tenders are in order If there is a discrepancy between the unit price and the total price, which is obtained by multiplying the unit price and quantity, or between Sub totals and the total price, the unit or subtotal price shall prevail, and the total price shall be corrected accordingly. If there is a discrepancy between words and figures, the rate in words shall prevail Prior to the detailed evaluation, the Department will also determine whether each bid is of acceptable quality, is generally complete and is substantially responsive to the bidding documents. For purposes of this determination, a substantially responsive bid is one that conforms to all the terms, conditions and specifications of the bidding documents without material deviations, objections, conditionality or reservation. A material deviation, objections, conditionality or reservation is one; That affects in any substantial way the scope, quality or performance of the contract Whose rectification would unfairly affect the competitive position of other Tenderers who are presenting substantially response Bids. 59. EVALUATION AND COMPARISON OF TENDERS: The tenders, which are determined as substantially responsive, shall be evaluated based on criteria as given in NIT. The tenderer must submit all necessary authentic data with necessary supporting certificates of the various items of evaluation criteria failing which his tender is liable to be rejected. 60. NEGOTIATIONS: 60.1 The competent authority reserves the right to negotiate the offer submitted by the tenderer to withdraw certain conditions or to bring down the rates to a reasonable level. The tenderer called for negotiations shall be required to furnish the following form of declaration before commencement of negotiation:- I do declare that in the event of failure of contemplated negotiations relating to Tender No. dated my original tender shall remain open for acceptance on its original terms and conditions The tenderer must note that during negotiations of rates of items of statement of advertised quantity, the rate can only be reduced and not increased by the tenderer. In case the tenderer Page No.: 18