GENERAL CONDITIONS OF CONTRACT FOR THE CONSTRUCTION WORKS

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1 1 (A Govt. of India Undertaking) GENERAL CONDITIONS OF CONTRACT FOR THE CONSTRUCTION WORKS (Through e-tendering/offline mode) : NAME OF WORK: Servicing repairing and replacement of parts in DG sets and fire pump at CWC, CFS-D'Node, CFS-Kalamboli, Navi Mumbai. OFFICE OF THE EXECUTIVE ENGINEER, CENTRAL WAREHOUSING CORPORATION, CONSTRUCTION CELL Adjacent to Railway Goods Yard Sector-20, Vashi Navi Mumbai Fax No. (022) , Ph. No. (022)

2 2 CENTRAL WAREHOUSING CORPORATION (A Govt. of India Undertaking) CHECK LIST FOR ONLINE (UPLOADED)/OFFLINE (PHYSICALLY) SUBMISSION OF MANDATORY DOCUMENTS SL. Type of Document No. 1. Whether copy of registration certificate uploaded. 2. Whether experience certificate uploaded. 3. Whether copy of audited balance sheet and statement of Profit & Loss for preceding three financial years uploaded. (Where the tenderer is not under legal obligation to get his Accounts audited, he can submit a Certificate of practicing Chartered Accountant certifying his Annual Turnover and Profit After Tax for preceding three financial years) 4. Whether certificate of net worth duly certified by the Chartered Accountant uploaded as per Annexure-III. (Page No.-141) 5. Whether solvency certificate as per Annexure-II uploaded. (Page No. 140) 6. Whether service tax registration uploaded. 7. Whether PAN Card has been uploaded 8. Whether proof of EMD uploaded & proof of tender cost uploaded. 9. a) Whether affidavit of proprietary firm has been uploaded as per Annexure-V (Page No. 143) or Submission YES NO b) Whether copy of partnership deed in case tenderer is a partnership firm uploaded or c) Whether copy of Certificate of Incorporation m Memorandum of Association and Articles of Association in case tenderer is a company alongwith resolution of the company for authorizing the Director/ authorised signatory to sign the document uploaded. d) Whether power of Attorney in favour of signatory (IES) duly attested by notary as per Annexure- VI (Page No. 144)be uploaded. e) Whether copy of affidavit duly attested by the notary as per Annexure- VII (Page No. 145) & eligibility criteria uploaded. 10 Whether Pre-Contract Integrity Pact has been signed and uploaded. 11 Whether Compliance to bid requirement as per Annexure-IV (Page No. 142) uploaded. 12. Whether valid registration certificate of MSEs registered with prescribed agency uploaded. (Applicable for MSEs). Annexure-I (Page No. 139) Note: - For online tendering, Tenderer should upload all the required documents with the tender under valid Digital Signature/certificate. For offline tendering, tenderer should submit all the required documents duly selfattested with the tenderer.

3 3 PERCENTAGE RATE/ITEM RATE TENDER AND CONTRACT S.No Index Page NO. 1. Guidelines for use of standard form 4 2. Press Notification & Tender Notice Notice Inviting Tender and Tender & Contract Tender Form (i) General Rules & Directions (ii) Conditions of contract (iii) Proforma for pre-contract agreement pact (iv) Clauses of Contract (v) Schedule of materials to be supplied by the Corporation. 86 (vi) Safety Code (vii) Model Rules (viii) Contractors labour regulations (ix) Performa of registers from Appendix I to XIV (x) Performa of Schedules A to F (xi) Annexure to Clause 34 (x) (xii) Specification for works Additional Conditions of contract Conditions for issue of materials Sketch of Cement Godown Proforma for Cement Register Format of Agreement Conditions for cement and steel Detailed Schedule of Work Schedule A Annexure-I Annexure-II Annexure-III Annexure-IV Annexure-V Annexure-VI Annexure-VII Information for contractors for on-line participation in the tender Tender documents Contains pages (1) to (147) for contract Conditions including Schedule of Quantities. Note (i) The contractor should sign on pages 18, 85 & 86 of the Contract Conditions scan and upload on e-tendering website. (ii) Schedule of quantities should be digitally signed for quoting the rates, failing which the tender will be treated as invalid.

4 4 CENTRAL WAREHOUSING CORPORATION (A Govt. of India Undertaking) GENERAL GUIDELINES 1. This book of General Conditions of Contract is applicable to both type of tenders i.e. percentage rate tenders and item rate tenders. Accordingly, alternative provision for condition No. 4, 10 and 12 of the General Rules and directions are given in this book. The appropriate alternatives will be applicable in specific cases depending on whether this is used for percentage rate tender or item rate tender. 2. The tenderers must furnish full, precise and accurate details in respect of information asked for in appendix I & II attached to the form of tender. 3. Schedules A to F, Special conditions/ specifications can be seen at website and and can be downloaded from the website 4. All blanks are confined to Notice Inviting Tender and Schedules A to F. 5. Authority issuing Notice INVITING TENDERS shall fill up all the blanks with NIT and in Schedule B to F before uploading on the above-mentioned websites. 6. The intending tenderers will quote their rates on the specified page of SCHEDULE OF QUANTITIES. 7. The proforma for registers and schedules A to F are only for information and guidance.

5 5 CENTRAL WAREHOUSING CORPORATION (A Govt. of India Undertaking) Construction Cell, Adjacent to Railway Goods Yard, Sector-20, Vashi, Navi Mumbai , Fax No. (022) ,. Ph. No. (022) NO.CWC/CC-Navi Mumbai/NIT/16-17/ Date: NOTICE INVITING TENDER NO. 14 CWC invites Online/Offline tender from the approved contractors of appropriate class for the following works:- Sr. No Name of Work 1. Operation and maintenance of electrical installation & water supply system at CWC, CFS-D'Park, Navi Mumbai. 2. Operation & Maintenance of fire fighting system, fire detection system including public address system at CWC, CFS, D Park, Navi Mumbai. 3. Operation and maintenance of electrical installation & water supply system at CWC, CFS-Kalamboli, Navi Mumbai 4. Servicing repairing and replacement of parts in DG sets and fire pump at CWC, CFS-D'Node, CFS- Kalamboli, Navi Mumbai. 5. Comprehensive Annual Maintenance contract (AMC) for the CC TV system installed at CWC, CFS- D'Park, Navi Mumbai. Estimated Cost in Rs. (in lakh) Last date of online/ offline submission of tender Lakhs Lakhs Lakhs Lakhs Lakhs Detailed Tender Notice along with conditions of contract and Notice Inviting E-Tender may be seen and downloaded from the Website Tenders can also be seen on CWC websites or EXECUTIVE ENGINEER

6 6 CENTRAL WAREHOUSING CORPORATION (A GOVT. OF INDIA UNDERTAKING) Construction Cell Adjacent to Railway Goods Yard, Sector-20, Vashi Navi Mumbai Fax No. (022) , Ph. No. (022) NIT NO: CWC/CC-NM/NIT/16-17/ Dated: TENDER NOTICE No (Only through e-tendering mode/offline mode) Online/Offline percentage rate tenders are invited from Manufacturer Reputed Authorized Sales & Service Dealer of Cummins India Ltd. for the following work:- Sl No NIT NO Name of Work Estimated cost put to tender Earnest Money Cost of tender document Time Allowed for completion of work Tendering Processing Fee (only for online mode) Last date & time of Online submission of tenders Last date & time of offline submission of tenders Date & time of opening of Technical Bid Date & Time of opening of Financial Bid 1. CWC/CC-NM/NIT/16-17/ Servicing repairing and replacement of parts in DG sets and fire pump at CWC, CFS-D'Node, CFS-Kalamboli, Navi Mumbai. Rs.6.11 Lakhs Rs.12, Rs Days Rs upto 15:00 Hrs , 15:30 Hrs. Date of opening will be intimated separately for qualified bidders. Tender documents including contract conditions and schedule of work may be down loaded by the intending contractors who wish to participate, from the e- tendering portal or or up to at 15:00 Hr.

7 7 ELIGIBILITY CRITERIA: Contractor who fulfils the following requirements shall be eligible to quote the rates. Joint ventures are not accepted. 1. REGISTRATION: Contractor should be registered in Manufacturer Reputed Authorized Sales & Service Dealer of Cummins India Ltd. 2. EXPERIENCE CERTIFICATE: Contractor should have satisfactorily completed the similar nature of work during the last seven years ending last day of the month previous to the one in which tenders are invited in the concerned Govt. Department/Public Sector Undertaking and completion certificate enclosed as per the following requirements. a. Three similar works each costing not less than 40% of the E.C. i.e. Rs.2.45 Lakhs OR b. Two similar works each costing not less than 50% of the E.C. i.e. Rs.3.06 Lakhs OR c. One similar completed work costing not less than 80% of the E.C. i.e. Rs.4.90 Lakhs Similar work shall mean works of Servicing Repairing of DG Sets The value of executed works shall be brought to current costing level by enhancing value of work at simple rate of 7% per annum, calculated from the date of completion to last date of receipt of tender. 3. TURNOVER: Contractor must have a minimum average annual financial turnover of Rs.1.84 Lakhs (30% of E.C.) during the last three financial years ending 31 st March previous to the financial year in which tenders are invited and enclose the audited Balance Sheet and Statement of Profit & Loss for the preceding three financial years with the tender. In case Balance Sheet and Statement of Profit & Loss for the immediate preceding financial year have not been prepared/audited, the account for one more preceding financial year can be submitted. 4. NET WORTH Tenderer should submit positive net worth certificate duly certified by a practising Chartered Account as per Annexure-III based on the latest financial year for which accounts i.e. Profit & Loss Account and Balance Sheet has to be enclosed with the tender. 5. SOLVENCY CERTIFICATE- FORMAT & VALIDITY The contractor must have a solvency of Rs.2.45 Lakhs (40% of EC) duly certified by the Banker and solvency certificate should not be more than 06 months old prior to the date of submission of tender or should have validity as on last date of submission of tender. The solvency certificate should be submitted in any of the formats given in Annexure -II for the purpose of guidance. Minor deviation in the wordings can be accepted in case it is valid as on date of submission of the tender or issued not more than 06 months before the last date of submission of tender.

8 8 6. Service Tax Registration: Contractor must have valid service tax registration certificate from the concerned authority. 7. PAN Card: Tenderer must enclose copy of PAN card alongwith tender. 8. EMD, Cost of Tender & Tender Processing Fees: a. Online/offline tenders EMD in the form of Accounts Payee Demand Draft/Pay Order/Banker s Cheque of a scheduled bank/nationalised bank issued in favour of Executive Engineer, CWC, Construction Cell, Vashi, Navi Mumbai or through e- payment/neft/rtgs. Proof to be submitted/uploaded with the tender. The details given below. a. Name of the bank:- Punjab National Bank, APMC, Vashi (Navi Mumbai) Mah.: b. Account No: c. IFSC Code No:- PUNB b. Cost of tender in the form of Accounts payee Demand Draft/Pay order/banker s Cheque of a Scheduled Bank/Nationalised bank issued in favour of Executive Engineer, CWC, Construction Cell, Vashi, Navi Mumbai or through e- payment/neft/rtgs. Proof to be submitted/uploaded with the tender. c. For Online tenders Tender processing fee (Non - refundable) would be paid mandatorily to M/s KEONICS through e-payment/neft through the portal The last date and time of receipt of EMD, tender fee and processing fee shall be the due date and time of opening of technical bid. However, in case of e-payment, the proof of EMD and cost of Tender i.e. receipt/ acknowledgment is compulsorily required to be uploaded with the tender. The tender processing fee is to be paid to M/s KEONICS by E-payment only. d. In case of offline mode, tender documents should be submitted in two envelop each separately for technical bid alongwith required documents as per eligibility criteria of NIT & financial bid upto 3:00 P.M. on The technical bid shall be opened at 3:30 P.M. on for online/offline both in the presence of the tenderers who may wish to be present. Tenders should be submitted online/offline up to the close time i.e 15:00 Hrs. on In case of online mode technical bid alongwith required documents as per eligibility criteria of NIT should be submitted upto 3:00 P.M. on ORGANISATION DETAILS In case the tenderer is a proprietorship firm, they will submit an affidavit as per Annexure V. In case the tenderer is a partnership firm, a certified copy of the partnership deed shall be submitted by the tenderer. In case the tenderer is a company (whether Private or public), a certified copy of Certificate of Incorporation together with Memorandum and Article of Association shall be submitted). In other cases, certified copy of Certificate of Incorporation shall be submitted by the tenderer.

9 9 10 COMPLIANCE TO BID REQUIREMENT Tenderer shall submit a declaration as per Annexure-IV with the technical bid confirming that he/she/they has understood the tender documents and his/ her/ their bid complies with the tender requirements / terms & conditions of the tender documents, he/she/they has/have quoted the rates without any condition and deviation and the rates quoted are as per the tender documents. Tenderer need not to submit / upload the full tender document. 11 Tenderer shall also submit an Affidavit duly attested by Notary as per Annexure-VII certifying that the documents submitted alongwith with the tender are under his knowledge and are authentic, genuine, copy of their originals and no part of them is false, forged or fabricated. 12 PRE-CONTRACT INTEGRITY PACT Tenderer will have to sign the pre-contract integrity pact as per the enclosed performa for contracts having estimated value of Rs crore or more and submit the same with the tender and duly signed copy has to be submitted with the tender. 13 CONCESSIONS TO MICRO AND SMALL ENTERPRISES MSEs registered with the prescribed agencies are exempted from payment of EMD and cost of Tender and should enclose the proof of their being registered with agencies mentioned in the tender document. Their registration should be valid as on last date of submission of tender and they should also mention the terminal validity of their Registration, failing which their offer shall not be considered for benefits detailed in MSE Notification of Govt. of India or any other notification issued thereafter. 14 Tenderer shall submit a Power of Attorney in favour of signatory(ies) duly attested by the notary as per Annexure -VI which is for the purpose of guidance only and deviation on the wording can be accepted. 15 Tenderer should upload all the required document with the tender under valid digital signatures uploading of tender with digital signature shall imply that all tender terms and conditions are accepted by the tenderer. 16 Technical bids would be opened at 3.30 p.m. on and the same would be examined by the committee of the CWC officers. In the event of any of the documents found fabricated/ tempered/ forged/altered/manipulated in the technical bid then the EMD of the contractor would be forfeited and his/their financial bid would not be opened. He/they himself/themselves would also disqualify for future participation in the tenders of CWC works for the next five years w.e.f. date of opening of technical bid. Decision of the committee to evaluate technical bids would be final. 17 Date of opening of Financial bids shall be intimated later on. 18 Tenderers or their authorized representative who may wish to be present, may attend the opening of the technical bids whereas financial bids by only those who are found eligible in technical bids. 19 The contractor should carefully read the contents of the Notice Inviting Tender and ensure compliance of all requirements before submitting the tender. Non compliance of the instructions/directions contained in the NIT will lead to rejection of the tender. EXECUTIVE ENGINEER

10 10 DISTRIBUTION FOR WIDE PUBLICITY:- 1. Website a) b) c) 2. The Executive Engineer (E), CWC, CC, Navi Mumbai. He should ensure wide publicity at his level. 3. Notice Board. 4. Working Contractors. Copy to:- 1. The Chief Engineer (I/C), CWC, CO New Delhi. 2. The Regional Manager, CWC, RO, Navi Mumbai 3. The SAM (A/Cs), CWC, CC, Navi Mumbai. EXECUTIVE ENGINEER

11 11 CENTRAL WAREHOUSING CORPORATION (A Govt. of India Undertaking) CONSTRUCTION CELL, NAVI MUMBAI NOTICE INVITING E-TENDERS Online/offline 1. Online/offline percentage rate e-tenders are invited on the prescribed form on behalf of Central Warehousing Corporation from approved and eligible contractors of appropriate class having registered with MES / CPWD / Railways / Any Govt. Department/State PWDs / Public Undertakings and Govt. Sector Construction Agencies for the work of Servicing repairing and replacement of parts in DG sets and fire pump at CWC, CFS-D'Node, CFS-Kalamboli, Navi Mumbai. The enlistment of the contractors should be valid on the last date of uploading of online submission of tenders. 1.1 The estimated cost of work is of Rs.6,11, Tenders will be issued online/offline to the eligible contractors subject to production of their credentials as per the eligibility criteria as mentioned in the Tender Notice and the tender documents can also be down loaded for online/offline submission subject to fulfilment of the conditions for eligibility criteria, EMD etc. as described in the Tender Notice. The work experience as one of the eligibility criteria, would be as mentioned below: For works estimated to cost upto Rs. 20 Crore (a) Three similar works each of value not less than 40% of estimated cost i.e. Rs... Or (b) Two similar works each of value not less than 50% of the estimated cost i.e. Rs.. Or (c) One similar work of value not less than 80% of the estimated cost i.e. Rs For works estimated to cost above Rs. 20 crore. (a) Three similar works each of value not less than 40% of estimated cost i.e. Rs.----lakh (b) Two similar work each of value not less than 60% of estimated cost i.e. Rs lakh or Or

12 12 (c )One similar work of value not less than 80% of estimated cost (rounded to nearest Rs Lakh) i.e. Rs lakh in last 7 years ending last day of the month previous to the one in which the tenders are invited. The value of executed works shall be brought to current costing level by enhancing the actual value of work at simple rate of 7% per annum, calculated from the date of completion to the last date of receipt of applications for tender/up-loading of tender To become eligible for submission of tender, the tenderer shall have to furnish an affidavit/undertaking as under: I/we undertake and confirm that eligible similar work(s) has/have not been got executed through another contractor on back to back basis. Further that, if such a violation comes to the notice of Department, then I/we shall be debarred for tendering in CWC in future forever. Also, if such a violation comes to the notice of Department before date of start of work, the Engineer-in-charge shall be free to forfeit the entire amount of Earnest money Deposit/Performance Guarantee Tenderer submitting the tender on behalf of a partnership firm or Pvt. Ltd./Public Limited Company must submit the partnership deed and GPA and/or the certificate of incorporation alongwith article of association & memorandum of association duly attested by a public notary alongwith the Technical Bid, otherwise they will be disqualified for opening of their Financial Bid. 2. Agreement shall be drawn with the successful tenderer on the prescribed format /form. Tenderer shall quote his/their rates as per various terms and conditions of the said form and it would form part of the agreement. 3. The time allowed for carrying out the work will be 20 Days from the date of start as defined in Schedule F or from the first date of handing over the site, whichever is later in accordance with the phasing, if any, indicated in the tender documents. 4. The site for the work is available (see additional conditions of contract on page 125 to 127) 5. Tender documents consisting of plans, specifications, the schedule of quantities of the various classes of work to be done and the set of terms and conditions of the contract to be complied with by the contractor whose tender may be accepted and other necessary documents, can be seen in the office of the EE, CWC, CC, Navi Mumbai between a.m. to 4.00 p.m. from to on every working day except on Sundays and Public Holidays. 6. (i) Tenders shall be accompanied with Earnest money of `.12, (in cash upto Rs.10000/-) alongwith non-refundable cost of tender document of ` in the form of E-Payment/ Accounts Payee Demand Draft/Pay Order/Bankers Cheque of a scheduled bank issued in favour of EE, CWC, CC, Navi Mumbai and also the tender processing fee in the form as prescribed in the tender notice.

13 13 7. The contractor whose tender is accepted, will be required to furnish performance guarantee of 5% (five percent) of the tendered amount within the period specified in Schedule F. This guarantee shall be in the form of cash (in case guarantee amount is less than Rs.10,000/-) or deposit at call receipt of any schedule bank/banker s cheque of any schedule bank/ demand draft of any scheduled bank(in case guarantee amount is less than Rs.1,00,000/-)/or Govt. Securities or Fixed Deposit Receipts or Guarantee Bonds of any Scheduled Bank or the State Bank of India in favour of EE, CWC, CC, Navi Mumbai in accordance with the prescribed form. In case the contractor fails to deposit the said performance guarantee within the period as indicated in Schedule F, including the extended period if any, the earnest money deposited by the contractor shall be forfeited automatically without any notice to the contractor. 8. The description of the work is as follows: Servicing repairing and replacement of parts in DG sets and fire pump at CWC, CFS-D'Node, CFS-Kalamboli, Navi Mumbai. Copies of the drawing and documents pertaining to the works will be open for inspection by the tenderers in the office of the above-mentioned officer. Tenderers are advised to inspect and examine the site and its surroundings and satisfy themselves before submitting their tenders as to the nature of ground and sub-soil (so far as is practicable), the form and nature of the site, the means of access to the site, the accommodation they may require and in general shall themselves obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their tender. A tenderer shall be deemed to have full knowledge of the site whether he/ they inspects it or not and no extra charges consequent on any misunderstanding or otherwise shall be allowed. The tenderer shall be responsible for arranging and maintaining at his own cost, all materials, tools and plants, water, electricity access, facilities for workers and all other services required for executing the work unless otherwise specifically provided for, in the contract documents. Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and of conditions and rates at which stores, tools and plants etc. will be issued to him by the Corporation and local conditions and other factors having a bearing on the execution of the work. 9. The Competent Authority on behalf of Central Warehousing Corporation does not bind himself to accept the lowest or any other tender and reserves to himself the authority to reject any or all the tenders received without the assignment of any reason. All tenders in which any of the prescribed condition is not fulfilled and any condition including that of conditional rebate is put forth by the tenderer shall be summarily rejected. 10. Canvassing whether directly or indirectly in connection with tenders is strictly prohibited and the tenders submitted by the contractors who resort to canvassing will be liable to rejection.

14 The Competent Authority on behalf of Central Warehousing Corporation reserves to himself the right of accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at the rate quoted. 12. The contractor shall not be permitted to tender for works in the Central Warehousing Corporation in which his near relative is posted as Divisional Account Officer or as an officer in any capacity between the grade of Executive Engineer and Assistant Engineer (both inclusive). He shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any officer in the Central Warehousing Corporation or in the Ministry of Consumer Affairs, Food & Public Distribution, Govt. of India, New Delhi. Any breach of this condition by the contractor would render him liable to be removed from the list of contractors of this Corporation. The contractor shall give a list of Central Warehousing Corporation s employees related to him. 13. No Engineer employed in Engineering or Administrative duties in Engineering Division of the Corporation is allowed to work as a contractor and also an employee of contractor for a period of one year after his retirement from Corporation service, without the previous permission of the Central Warehousing Corporation in writing. This contract is liable to be cancelled if either the contractor or any of his employees is found at any time to be such a person who had not obtained the permission of the Central Warehousing Corporation as aforesaid before submission of the tender or engagement in the contractor s service. 14. The tender for works shall remain open for acceptance for a Period of ninety (90) days from the date of opening of technical bid. If any tenderer withdraws his tender before the said period or issue of letter of acceptance, whichever is earlier or makes any modifications in terms and conditions of the tender which are not acceptable to the Corporation, then the Corporation shall, without prejudice to any other right, or remedy, be at liberty to forfeit 50% of the said earnest money absolutely. Further the tenderer shall not be allowed to participate in the re-tendering process of the work. 15. Tender Notice & Notice Inviting Tender shall form the part of contract document. The successful tenderer/ contractor on acceptance of his tender by the accepting authority, shall sign the agreement within the stipulated period as mentioned in the letter of acceptance/work order of the work and the contract agreement shall consist of : - (a) The Press Notification, Tender Notice, Notice Inviting Tender, all the documents of tender & contract for works including additional conditions, specifications and drawings, if any, forming the part of tender documents as issued/ downloaded by the tenderer from the websites at the time of invitation of tender and acceptance thereof together with any correspondence with them leading there to and also the correspondence related with verification of credentials : For composite tenders: The Executive Engineer in charge of the Construction Cell, Navi Mumbai will call the tenders for the composite work. The cost of tender document and Earnest Money will be fixed with respect to the combined estimated cost put to tender for the composite tender.

15 The tender document will include the following components: Part A :- press notification, tender notice, notice inviting tenders, tender & contract for works including schedule A to F for composite work, Standard General Conditions of contract for CWC 2012 with latest addition as applicable with all amendments/ modifications. Part B:- General/specific conditions, specifications and schedule of quantities applicable to composite work The tenderer must associate with himself, agencies of the appropriate class eligible to tender for the minor components individually The eligible tenderers shall quote their rates by considering all items of composite work. It will be obligatory on the part of the tenderer to sign the tender documents for all the components (The schedule of quantities, conditions and special conditions etc.) After acceptance of the tender by competent authority, the EE in charge of Construction Cell, Navi Mumbai shall issue letter of award of composite work to the contractor on behalf of CWC Entire work under the scope of composite tender shall be executed under one agreement Security deposit will be worked out based on the estimated cost of all the items of the composite work. The earnest money will become part of the security deposit of the work The main contractor has to associate agency(s) for minor component(s) confirming to eligibility criteria as defined in the tender document and has to submit detail of such agency(s) to Engineering-in-Charge within prescribed time. Name of agency(s) to be associated shall be approved by Engineering-in-Charge In case the main contractor intends to change any of the above agency/agencies during the operation of the contract, he shall obtain prior approval of Engineering-in- Charge. The new agency/agencies shall also have to satisfy the laid down eligibility criteria. In case Engineering-in- Charge is not satisfied with the performance of any agency, he can direct the contractor to change the agency executing such items of work and this shall be binding on the contractor The main contractor has to enter into agreement with the contractor(s) associated by him for execution of minor component(s). Copy of such agreement shall be submitted to Engineering-in-Charge. In case of change of associate contractor, the main contractor has to enter into agreement with the new contractor associated by him Running payment for the composite work shall be made by Engineering in-charge Final bill of the whole work shall be finalized and paid by the Engineering-in-Charge. 17. The contractor should quote the rate online in prescribed proforma available with the tender in Excel format and Digitally sign. In the event of signing the tender by the tenderer in an Indian language, the percentage above or below and tendered amount in case of percentage rate tenders and total amount in case of item rate tender should also be written in the same language. In the case of illiterate contractors, the rates or the amounts tendered to be attested by a witness.

16 On acceptance of the tender, the name of the accredited representative(s) of the contactor who would be responsible for taking instructions from the Engineer-in- Charge shall be communicated by the contractor to the Engineer-in-Charge. 19. Sales Tax or any other tax on material in respect of this contract shall be payable by the contactor and Central Warehousing Corporation will not entertain any claim whatsoever in this respect. 20. The rates quoted by the tenderers/contractors should be exclusive of Service Tax or any other Tax levied by the Central Government in lieu of Service Tax and the same will be payable by the Corporation over and above the Schedule of Rates. 21. Service tax or any other Tax in lieu thereof levied by the Central Govt. from time to time on the Services rendered by the Contractor to CWC shall be paid by CWC to the contractor over and above the Schedule of Rates, subject to the Contractor submitting his bills/invoices therefor in the Format prescribed under Rule 4A (1) of the Service Tax Rules, 1994 or other relevant Laws, as the case may be. 22. The tenderer, apart from being a contractor of appropriate class must associate himself with agencies of the appropriate class which are eligible to tender, for (i) Electrical (ii) Sanitary and Water Supply Installation and (iii) Horticulture. 23. The contractor shall submit list of works which are in hand (Progress) in the following form: Name of Work Name and Particulars of Divisions of Department/ Organisation where work is being executed Amount of work Position of work in Progress Remarks Executive Engineer for and on behalf of Central Warehousing Corporation

17 17 CENTRAL WAREHOUSING CORPORATION (A GOVT. OF INDIA UNDERTAKING) State: Maharashtra CC,: Navi Mumbai TENDER & CONTRACT (A)Tender for the work of: PERCENTAGE RATE TENDER & CONTRACT FOR WORKS Servicing repairing and replacement of parts in DG sets and fire pump at CWC, CFS-D'Node, CFS- Kalamboli, Navi Mumbai. (i) To be submitted online/offline Website by 3.00PMon (ii) To be opened online/offline Website.tenderwizard.com/CWC in presence of tenderers or their authorized representative who may wish to be present at 3.30 PM on in the office of The Executive Engineer, Central Warehousing Corporation, Construction Cell, Adjacent to Railway Goods Yard, Sector-20, Vashi, Navi Mumbai (Refer Details in Tender Notice too) T E N D E R I/We have read and examined the Tender Notice, Notice Inviting Tender, Schedule A, B, C, D, E & F, specifications applicable, drawings and designs, general rules and directions, conditions of contract, clauses of contract, additional, special conditions, schedule of rate and other documents and rules referred to in the conditions of contract and all other contents in the tender documents for the work. I/We hereby tender for execution of the work specified for the Central Warehousing Corporation within the time specified in Schedule F, viz., Schedule of quantities and in accordance in all respects with the specifications, designs, drawings and instructions in writing referred to in Rule 1 of General Rules and Directions and in clause 11 of the General Conditions of Contract and with such materials as are provided for by, and in respects in accordance with such conditions so far as applicable. I/We agree to keep the tender open for ninety (90) days from the due date of opening (under single bid system)/ninety days from the date of opening of financial bid in case tenders are invited in two bid system (strike out as the case may be) and not to make any modifications in its terms and conditions. A sum of `.12, ` is hereby forwarded in E-Payment/Accounts Payee Demand Draft/Pay Order/Bankers Cheque as EMD and cost of the tender *. If I/We fail to furnish the prescribed performance guarantee within prescribed period, I/We agree that the Central Warehousing Corporation shall without prejudice to any other right/remedy, be at liberty to forfeit the said earnest money absolutely. Further, if I/We, fail to commence the work as specified, I/We agree that the Central Warehousing Corporation shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money and the performance guarantee absolutely, otherwise the said earnest money shall be retained by the Corporation towards security deposit to execute all the works referred to in the tender documents upon the terms and conditions contained or referred to therein and to carry out such deviations as may be ordered, up to maximum of the percentage mentioned in Schedule

18 18 F and those in excess of that limit at the rates to be determined in accordance with the provisions contained in Clause 12.2 and 12.3 of the tender form. Further, I/We agree that in case of forfeiture of earnest money or both Earnest Money and Performance Guarantee as aforesaid, I/We shall be debarred for participation in the re-tendering process of the work. I/we undertake and confirm that eligible similar work(s) has/have not been got executed through another contractor on back to back basis. Further that, if such a violation comes to the notice of Department, then I/we shall be debarred for tendering in CWC in future forever. Also, if such a violation comes to the notice of Department before date of start of work, the Engineer-in-charge shall be free to forfeit the entire amount of Earnest money Deposit/Performance Guarantee. I/We hereby declare that I/We shall treat tender documents, drawings and other records connected with the work as secret / confidential documents and shall not communicate information/ derived there from to any person other than a person to whom I/We am/are authorized to communicate the same or use the information in any manner prejudicial to the safety of the Corporation. Dated Signature of Contractor Postal Address Witness: Address: Occupation: * Cost of the tender to be deposited along with the EMD would be applicable only to those contractors who will download the tenders from the websites as mentioned in the NIT. ACCEPTANCE The above tender (as modified by you as provided in the letters mentioned hereunder) is accepted by me for and on behalf of Central Warehousing Corporation for a sum of Rs (Rupees ) i.e. % above/below the estimated cost of work of Rs. (Rupees ). The letters referred to below shall form part of this contract agreement. a) b) c) Dated: For & on behalf of CWC Signature Designation

19 19 CENTRAL WAREHOUSING CORPORATION (A Govt. of India Undertaking) GENERAL RULES AND DIRECTIONS 1. All works proposed for execution by contractor will be notified in a form of Tender Notice pasted in public places and signed by the Officer Inviting Tender or by Publication in Newspapers as well as web sites as indicated in the tender notice as the case may be. This form will state the work to be carried out, as well as the date for submitting and opening of tenders and the time allowed for carrying out the work, also the amount of earnest money to be deposited with the tender, and the amount of Security Deposit and performance guarantee to be deposited by the successful tenderer and the percentage, if any, to be deducted from the bills. Copies of the specifications designs and drawings and any other documents required in connection with the work signed for the purpose of identification by the officer inviting tender shall also be open for inspection by the contractor at the office of officer inviting tender during office hours. 2. In the event of the tender being submitted by a firm, it must be signed separately by each partner thereof, or in the event of the absence of any partner, it must be signed on his behalf by a person holding a power-of-attorney authorizing him to do so, such power of attorney to be produced with the tender and it must disclose that the firm is duly registered under the Indian Partnership Act, Tenderer submitting the tender on behalf of a Pvt. Ltd./Public Ltd. Co. Must submit the certificate of incorporation and article of association/memorandum of association alongwith the technical bid otherwise they will be disqualified for opening of their financial bid. 3. Receipts for payments made on account of work, when executed by a firm, must also be signed by all the partners, except where the contractors are described in their tender as a firm, in which case receipts must be signed in the name of the firm by one of the partners, or by some other person having authority to give effectual receipts for the firm. Applicable for Item Rate Tenders only 4. Any person who submits a tender shall fill up the usual printed form, stating at what rate he is willing to undertake each item of the work. Tenders, which propose any alteration in the work specified in the said form of invitation to tender, or in the time allowed for carrying out the work, or which Contain any other conditions of any sort, including conditional rebates, will be summarily rejected. No single tender shall include more than one work, but contractors who wish to tender for two or more works shall submit separate tender for each. Tender shall have the name and number of the works to which they refer, written on the envelopes. The rate(s) must be quoted in decimal coinage. Amounts must be quoted in full Rupees by ignoring 50 paisa and considering more than 50 paisa as Rs.1.00.

20 20 In case the lowest tendered amount (worked out on the basis of quoted rate of individual items) of two or more contractors is same, then such lowest contractors may be asked to submit sealed revised offer quoting rate of each item of the schedule of quantity for all sub sections/sub heads as the case may be, but the revised quoted rate of each item of schedule of quantity for all sub sections/sub heads should not be higher than their respective original rate quoted already at the time of submission of tender. The lowest tender shall be decided on the basis of revised offer. If the revised tendered amount (worked out on the basis of quoted rate of individual items) of two or more contractors received in revised offer is again found to be equal, then the lowest tender, among such contractors, shall be decided based on the average financial turnover of the tenderers and whosoever is having the higher turnover would be declared to be the lowest. In case of any such lowest contractor in his revised offer quotes rate of any item more than their respective original rate quoted already at the time of submission of tender, then such revised offer shall be treated invalid. Such case of revised offer of the lowest contractor or case of refusal to submit revised offer by the lowest contractor shall be treated as withdrawal of his tender before acceptance and 50% of his earnest money shall be forfeited. In case all the lowest contractors those have same tendered amount (as a result of their quoted rate of individual items), refuse to submit revised offers, then tenders are to be recalled after forfeiting 50% of EMD of each lowest contractors. Applicable for Percentage Rate Tenders only 4A: In case of Percentage Rate Tenders, contractor shall fill up the usual printed form, stating at what percentage below / above (in figures as well as in words) the total estimated cost given in the Schedule of Quantities at Schedule A, he will be willing to execute the work. The tender submitted shall be treated as invalid if: 1. The contractor does not quote percentage above/below on the total amount of tender or any section/sub head of the tender. 2. The percentage above/below is not quoted in figures & words both on the total amount of tender or any section/sub head of the tender. 3. The percentage quoted above/below is different in figures & words on the total amount of tender or any section/sub head of the tender. Tenderers, which propose any alteration in the work specified in the said form of invitation of tenders, or in the time allowed for carrying out the work, or which contain any other conditions or any sort including conditional rebates, will be summarily rejected. No single tender shall include more than one work, but contractors who wish to tender for two or more works shall submit separate tender for each. Tender shall have the name and number of the works to which they refer, written on the envelopes. 4B: In case the lowest tendered amount (estimated cost ± amount worked on the basis of percentage above/below) of two or more contractors is same, such lowest contractors will be asked to submit sealed revised offer in the form of letter mentioning percentage above/below on estimated cost of tender including all sub sections/sub heads as the case may be, but the revised percentage quoted above/below on tendered cost or on each sub section/sub head should not be higher than the percentage quoted at the time of submission of tender. The lowest tender shall be decided on the basis of revised offers.

21 21 In case any of such contractor refuses to submit revised offer, then it shall be treated as withdrawal of his tender before acceptance and 50% of earnest money shall be forfeited. If the revised tendered amount of two more contractors received in revised offer is again found to be equal, the lowest tender, among such contractors, shall be decided based on the average financial turnover of the tenderers and whosoever is having the highest turnover would be declared to be lowest. 5. The Officer Inviting Tender or his duly authorized assistant will open tenders in the presence of any intending contractors who may be present at the time, and will enter the amounts of the several tenders in a tender register/comparative statement in a suitable form. In the event of a tender being accepted, a receipt for the earnest money forwarded therewith shall there upon be given to the contractor who shall thereupon for the purpose of identification sign copies of the specification and other documents mentioned in Rule 1. In the event of a tender being rejected, the earnest money forwarded with such unaccepted tenders shall there-upon be returned to the contractor remitting the same without any interest. 6. The Officer Inviting Tenders shall have the right of rejecting all or any of the tenders and will not be bound to accept the lowest or any other tender. 7. The receipt of an accountant or clerk for any money paid by the contractor will not be considered as any acknowledgement of payment to the Officer Inviting Tender and the contractor shall be responsible for seeing that he procures a receipt signed by the Officer Inviting Tender or a duly authorized cashier. 8. The memorandum of work tendered for and the schedule of materials to be supplied by the Central Warehousing Corporation and their issue rates shall be filled in and completed in the office of the Officer Inviting Tender before the tender form is issued. If a form is issued to an intending tenderer without having been so filled in and incomplete, he shall request the officer to have this done before he completes and delivers his tender. 9. The tenderers shall sign a declaration under the official s Secret Act, 1923, for maintaining secrecy of the tender documents, drawing or other records connected with the work given to them. The unsuccessful tenderers shall return all the drawings given to them. 9.(a) Use of correcting fluid, anywhere in tender documents is not permitted. Such tender is liable for rejection. Applicable for Item Rate Tender only 10. In case of item rate tenders, only rates quoted shall be considered. Any tender containing percentage below/ above the rates quoted is liable to be rejected. Rates quoted by the contractor in item rate tender in figures and words shall be accurately filled in so that there is no discrepancy in the rates written in figures and words. However, if a discrepancy is found, the rates which correspond with the amount worked out by the contractor shall unless otherwise proved be taken is correct. If the amount of an item is not worked out by the contractor or it does not correspond with the rates written either in the figures or in the words then the rates quoted by the contractor in words shall be taken as correct. Where the rates quoted by the contractor in figures and in words tally but the amount is not worked out

22 22 correctly, the rates quoted by the contractor will unless otherwise proved be taken as correct and not the amount. In event no rate has been quoted for any item(s) leaving space both in figure(s), word(s), and amount blank, it will be presumed that contractor has included the cost of this/these item(s) in other item(s) and rate for such item(s) will be considered as zero and work will be required to be executed accordingly. Applicable for Percentage Tender only 10.A. In case of Percentage Rate Tenders only percentage quoted shall be considered. Any tender containing item rates is liable to be rejected. Percentage quoted by the contractor in percentage rate tender shall be accurately filled in figures and words, so that there is no discrepancy. However, if the Contractor has worked out the amount of the tender and if any discrepancy is found in the percentage quoted in words and figures, the percentage which corresponds with the amount worked out by the contractor shall, unless otherwise proved, be taken as correct. If the amount of the tender is not worked out by the contractor or it does not correspond with the percentage written either in figures or in words then the percentage quoted by the contractor in words shall be taken as correct. Where the percentage quoted by the contractor in figures and in words tally but the amount is not worked out correctly, the percentage quoted by the contractor will, unless otherwise proved be taken as correct and not the amount. 11. In the case of any tender where unit rate of any item/items appear unrealistic, such tender will be considered as unbalanced and in case of the tenderer is unable to provide satisfactory explanation such a tender is liable to be disqualified and rejected. Applicable for item Rate Tender only 12. All rates shall be quoted on the tender form. The amount for each item should be worked out and requisite totals given. Special care should be taken to write the rates in figures as well as in words and the amount in figures only, in such a way that interpolation is not possible. The total amount should be written both in figures and in words. In case of figures, the word Rs. should be written before the figures of rupees and word P after the decimal figures, e.g., Rs.2.15 P and in case of words, the word, Rupees should precede and the word Paise should be written at the end. Unless the rate is in whole rupees and followed by the word only it should invariably be upto two decimal places. While quoting the rate in schedule of quantities, the word only should be written closely following the amount and it should not be written in the next line. Applicable for Percentage Rate Tender only 12A. In Percentage Rate Tender, the tenderer shall quote percentage below/above (in figures as well as in words) at which he will be willing to execute the work. He shall also work out the total amount of his offer and the same should be written in figures as well as in words in such a way that no interpolation is possible. In case of figures, the word Rs. Should be written before the figure of rupees and word P after the decimal figures,e.g., Rs.2.15 P and in case of words, the word Rupees should precede and the word Paise should be written at the end.

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