Barbed wire fencing, providing and fixing of steel gate at Giral Lignite Mines Office, Barmer

Transcription

1 RAJASTHAN STATE MINES & MINERALS LIMITED (A Government of Rajasthan Enterprise) jktlfkku LVsV ekbul,.m feujyl fyfevsm ¼jktLFkku ljdkj dk midze½ SBU-PC LIGNITE Khanij Bhawan, C Scheme, Tilak Marg, Jaipur Phone : (0141) , Fax: Tender No. RSMML/ SBU - PC LIGNITE /Cont./ /01 Dated : TENDER DOCUMENT FOR Barbed wire fencing, providing and fixing of steel gate at Giral Lignite Mines Office, Barmer OFFICE OF MANAGER (MKTG./CONTRACTS) RSMM LIMITED, SBU & PC LIGNITE KHANIJ BHAWAN JAIPUR (RAJASTHAN) Estimated cost of Work Earnest Money Deposit Cost of Tender Document : Rs. 2,16,231/-: Rs. 4325/- : Rs.570/- only (including ( Non refundable ) VAT) Place of sale of Tender Document : Period of Sale of Tender document : Date & Time of Receipt of tender : Date of opening of Technical Bid : Office of Manager (Mktg./Contract), RSMM Limited, SBU & PC Lignite, Khanij Bhawan, Tilak Marg, C-Scheme Jaipur Office of the, DGM (MINING) Giral Lignite Mines Project, Barmer, From to up to 1.00 PM (on working days) till 3.00 PM at 3.30 PM Registered Office: Corporate Office: C-89-90, Jan path Lal Kothi Scheme, Jaipur , Phone Fax: Meera Marg, Udaipur Phone(0294) Fax (0294) ,

2 RAJASTHAN STATE MINES & MINERALS LIMITED (A Government of Rajasthan Enterprise) jktlfkku LVsV ekbul,.m feujyl fyfevsm ¼jktLFkku ljdkj dk midze½ SBU-PC LIGNITE Khanij Bhawan, C Scheme, Tilak Marg, Jaipur Phone : (0141) , Fax: Tender No. RSMML/ SBU - PC LIGNITE /Cont./ / 01 Dated : NOTICE INVITING TENDER Sealed tenders are invited in two bid system (Part I, Techno Commercial Bid and Part II, Financial i.e. price bid) from competent contractors for the following work of Construction of barbed wire fencing around Giral Lignite Mines Office, Barmer with providing and fixing of steel gate. Brief Description of work Construction of 02 nos. stone masonry pillars, providing and fixing of steel gate [3.5 mtr. X 1.8 mtr., (approximately 250kg.)] and barbed wire fencing (approximately mtr. only) around Giral Lignite Mines Office, Barmer as per specification mentioned in G schedule based on BSR 2013 Estimated Contract Value Rs, 2,16,231/- Period of Contract 4 (Four) Months Earnest Money (Rs.) 4325/- Cost of tender document is Rs.570/- including of VAT payable by DD in favour of RSMM Ltd., Jaipur. Period & Place of sale of documents: from SBU & PC Lignite Office, Jaipur and Giral Lignite Mines Office, Barmer our website. or download from Last date & Time of Submission of offer. Date of Opening of Techno Commercial bid From to up to 1.00 PM In case down loaded from website, tender fee to be deposited with the Techno- Commercial Bid. Dated up to 3.00 PM at SBU- PC Lignite, Jaipur Dated up to 3.30 PM at SBU- PC Lignite, Jaipur. Pre-Qualification Criteria & other terms and conditions are given in detailed NIT/ tender document for which please visit us on our web site or contact Manager (Mktg./Contract) at RSMM Ltd., Jaipur. Manager (Mktg./Contract) 2

3 RAJASTHAN STATE MINES & MINERALS LIMITED (A Government of Rajasthan Enterprise) jktlfkku LVsV ekbul,.m feujyl fyfevsm ¼jktLFkku ljdkj dk midze½ SBU-PC LIGNITE Khanij Bhawan, C Scheme, Tilak Marg, Jaipur Phone : (0141) , Fax: Tender No. RSMML/ SBU - PC LIGNITE /Cont./ /01 Dated : DETAILED NOTICE INVITING TENDER Sealed tenders are invited in two bid system (Part I, Techno Commercial Bid and Part II, Financial i.e. price bid) from competent contractors for the following work of Construction of barbed wire fencing around Giral Lignite Mines Office, Barmer with providing and fixing of steel gate. Brief Description of work Construction of 02 nos. stone masonry pillars, providing and fixing of steel gate [3.5 mtr. X 1.8 mtr., (approximately 250kg.)] and barbed wire fencing (approximately mtr. only) around Giral Lignite Mines Office, Barmer as per specification mentioned in G schedule based on BSR 2013 Estimated Contract Value Rs. 2,16,231/- Period of Contract 4 (Four) Months Earnest Money (Rs.) 4325/- Cost of tender document is Rs.570/- including of VAT payable by DD in favour of RSMM Ltd., Jaipur. Period & Place of sale of documents: from From to up to 1.00 SBU & PC Lignite Office, Jaipur and PM In case down loaded from website, DGM(M) office Lignite Mines Office, tender fee to be deposited with the Barmer or download from our website. Techno-Commercial Bid. Last date & Time of Submission of offer. Date of Opening of Techno Commercial offer Dated up to 3.00 PM at SBU- PC Lignite, Jaipur Dated up to 3.30 PM at SBU- PC Lignite, Jaipur. The tenderer will be pre qualified on the basis of following qualifying criteria:-a. Tenderer should have minimum turn over of Rs 1.25 lac in any one of the preceding three financial years i.e , &

4 The Tenderer should submit duly attested copies of Audited Balance Sheet and Profit & Loss Account, Income-tax return, Form-16/16-A or TDS Certificate in support of turn-over. Tenderer shall be pre-qualified on the basis of documents furnished along with Techno-commercial bid in support of above. The decision of the company will be final and binding in this regard. Only such pre-qualified tenderer will be informed about opening of the Price Bid. In case of partnership firm, the experience of partnership firm will be evaluated subject to the condition that, partnership firm is in vogue prior to issuance of NIT of this tender. However, if the experience of partnership firm is below the requisite criteria, then, the experience of only one partner (whose experience is maximum) may be considered instead of experience of partnership firm, if so requested by the tenderer, Turnover has to be in the name of tenderer & turn over of individual/ Partners/ Directors shall not be considered. It is to be noted that, in case of Company the experience & turn over of the Company shall only be considered. The tenderer/ bidder who have earlier been suspended or banned or whose contract have been terminated by the company shall not be eligible to participate in this tender during the currency of the suspension or banned period. The Company reserves the right to accept or reject any or all offers without assigning any reason. Also the company does not bind itself to accept the lowest price offer. The Company shall not be responsible for any postal delay or loss of offer. Offers sent by Fax/ Telex/ shall not be accepted. Manager (Mktg./Contract) 4

5 SECTION-I DEFINITIONS: (1) The Contract means the documents, forming the tender and acceptance thereof and the formal agreement executed between the RSMM Ltd. and contractor, together with the documents referred to there in including those conditions, the specifications, designs, drawings and instructions issued from time to time by the Engineer-in-charge and all those documents taken together, shall be deemed to form one contract and shall be complementary to one another. (2) In the contract the following expressions shall, unless the context otherwise requires, has the meanings, hereby respectively assigns to them:- (a) (b) (c) (d) (e) (f) (g) (h) (I) (j) The expression Work or works shall unless there be something either in the subject of context repugnant to such construction be constructed and taken to mean the works, by virtue of the contract contracted to be executed whether temporary or permanent, and whether original, altered substituted or additional. The Site shall mean the land and/or other places on, into or through which work is to be executed under the contract or any adjacent land, path or street through which work is to be executed under the contract or any adjacent land, path or street which may be allowed or used for the purpose of carrying out the contract. The Contractor shall means the individual or firm or company, whether incorporated or not undertaking the works and shall include the legal personal representative of such individual or the persons composing such firm or company, or the successors of such firm or company and the permitted assigns or such individual or firm or firms or company. The term Competent Authority in relation to exercise of any power means the RSMM Ltd. The Engineer-in-charge means the Executive of RSMM who shall supervise and be in charge of the work. Company, shall mean the RSMM Ltd. Chairman, shall mean Chairman of the Company. Managing Director, shall mean the M.D. of the Company. Detailed specifications - This shall mean the specifications for materials and work as specified in PWD/issued under the authority of PWD/or as amplified/ added to or superseded by special specifications. Scheduled of Rates - This shall mean the schedule of rates issued under the authority of PWD from time to time, Words importing the singular number include the plural number of vice versa. 5

6 SECTION - 2 INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS 1.0 SUBMISSION OF OFFERS a. TWO PART TENDER: The tender offers are to be submitted in two parts namely Techno- commercial Bid (Part I) and Financial Price Bid (Part II). Each of the two offers should be kept separately in sealed envelopes and marked with NIT number, name of work, Due date, Part I/II of tender (technical/financial) and name & address of the tenderer. b. Both these sealed envelopes should be kept in a third envelop, also sealed, addressed to:- Manager (Mkg./Contract), RSMML, SBU & PC Lignite, Khanij Bhawan, Tilak Marg, Jaipur. This envelop should also be super scribed with the Tender No., Name of the Tenderer with address, telephone numbers etc., and the Due Date, in bold letters. c. The sealed offers should be submitted in the office of the Manager (Mktg./Contract), RSMML, SBU & PC Lignite, Khanij Bhawan, Tilak Marg, Jaipur. on or before the date and time mentioned in the Notice Inviting Tender. The offers (Part I) shall be opened on the date and time mentioned in the NIT in the presence of the tenderers or their representative who wish to be present. Tender Offers received late will not be accepted. 2.0 (a) Techno Commercial Bid: - Following documents are to be furnished along with Part I of the Bid. i. Covering letter on the letter head of the tenderer with details of Earnest Money Deposit duly filled in. ii. iii iv. Form A with General information about the tender. One set of the tender documents along with conditions of the contract with all the forms duly filled, except price offer form, and each page duly signed and stamped as token of acceptance of terms & conditions. PF Account Number or affidavit on stamp paper of value Rs as per Annexure-III. v. Demand Draft in favour of Rajasthan State Mines & Minerals Ltd., for requisite Earnest Money Deposit payable at RSMML Jaipur Office. 6

7 vi. Attested copies of Audited Balance Sheet and Profit & Loss Account, Income-tax return, Form-16/16-A or TDS Certificate in support of turn-over. vii. A certificate/undertaking that no condition has been separately added with the price bid by the tenderer, MSMED registration number, if applicable to the tenderer and no pendency of legal case with RSMML in the annexure-i &II viii In accordance to recent RTPP Rules,2013 following annexure have been attached:- Annexure A : Compliance with the code of Integrity and No Conflict of Interest Annexure B: Declaration by the Bidder regarding Qualifications Annexure C: Grievance Redressal during Procurement Process and Form No. 1 Annexure D: Additional Conditions of Contract. Note- Tenderers are essentially required to submit declaration in format provided in Annexure B. (b) Financial (Price) Bid i. Rates should be offered as percentage above or below the rates as per PWD BSR 2013 of Barmer, listed in the G - schedules forming part of the price bid format. ii. Company reserves the right to reject / accept any offer or part thereof as also to split total work amongst more than one bidder, at it s own discretion. 3.0 VALIDITY OF OFFERS The tender offers should remain valid and open for acceptance, for a period of 180 days from the date of opening of the tenders (price bids). No modification or revision or withdrawal of the offer shall be allowed during the validity period or the extended validity period, if any. In case any tenderer does so, the earnest money deposit of such tenderers shall be forfeited. In case of refusal to accept the job offered or failure to commence the work within the stipulated time period, the Earnest Money Deposit/ Security Deposit, as the case may be, shall be forfeited. 4.0 Earnest Money Deposit a) The EMD is Rs. 4325/-, to be furnished by demand draft/e-payment in favour of RSMML payable at Jaipur. b) The Earnest Money Deposit is to be furnished by Demand Draft/ e- payment/pay Order/ Banker s Cheque in favour RAJASTHAN STATE MINES & MINERALS LTD. payable at Jaipur. This DD/PO/BC should be enclosed and submitted with the Techno-Commercial offers. Offers without Earnest Money Deposit are liable to be rejected/ ignored. 7

8 c) Tenderer, besides above, may furnish EMD through e-payment also to the RSMML account given as under:- Name RSMM LTD., JAIPUR RSMM LTD., RSMM LTD., JAIPUR of beneficiary JAIPUR Name of Bank Axis Bank ICICI Bank HDFC Bank Bank Location Malviya Nagar,Jaipur Khanij Bhawan, Tilak Aditya Tower, New Marg,Jaipur Sanganer Road, Jaipur Type of C.D. C.D. C.D. C.D. Account No. IFSC Code UTIB ICIC HDFC Tenderer is required to submit requisite EMD deposit in the RSMML Jaipur account through e-payment providing a printed copy of as a proof of such bank transaction with reference ID number along with the documents submitted with the tender. d) The Earnest Money Deposit shall not bear any interest. e) The Earnest Money Deposit of the successful tenderer can also be appropriate towards part Performance Guarantee, if the contractor so desires. The Earnest Money Deposit of the unsuccessful tenderers in the Techno-commercial evaluation shall be refunded at the earliest. The Earnest Money Deposit of the other tenderers, who qualify in the technocommercial evaluation but not in Price Offers, shall be refunded as early as possible but not until the tender has been finalised. f) Offers without Earnest Money Deposit shall be summarily rejected. The Company shall not accept Earnest Money Deposit in any other form like cash, Cheque, Bank Guarantee, FDR s etc. g) The Earnest Money Deposit shall be forfeited in the following cases: (i) If the tenderer withdraws or modifies the offer during the validity period of the offer. (ii) If the tenderer does not execute the agreement in the prescribed format in the specified time. (iii) If the tenderer provides false information/forged documents /false attestation of documents in the offer or thereafter to claim eligibility/ qualify for the contract. (iv) If the tenderer declines to accept the job offer made by the company, subsequent to acceptance of his/their offer by the Company. (v) If the tenderer makes any changes/modifications in the tender document downloaded from the web site SECURITY DEPOSIT (i) The contractor shall furnish a Security 10% of the accepted total value of the contract, through account payee Demand Draft in favour of RSMML, Jaipur within a Fifteen (30) days of the issuance of such communication of acceptance of work order for due fulfillment of all or any of the terms & conditions of the contract. 8

9 (ii) The entire security deposit shall be refunded after six months of the expiry of contract, provided always that the Contractor has been first paid all the bills including his final bill subject to deductions as are permissible under these terms and all other dues to the Company arising out of this contract. If any, have been fully met by the contractor and the contractor has rendered. No claim and No dues Certificate to the company. (iii) The Security Deposit shall be liable to be forfeited wholly or party at the sole discretion of the Company, should be contractor either fail to fulfill the contractual obligations or fail to settle in full, his dues to the Company. In case of premature termination of the contract, the Security Deposit will be forfeited and the Company will be at liberty to recover the loss suffered by it from the Contractor. (iv) The Company may deduct from the security deposit any sum due and any other sum that may be fixed up by the Company as being the amount of loss or losses or damages suffered by it due to delay in performance and/or non performance and/or partial performance of any of the terms of the contract. (v) All compensation or other sums of money payable by the contractor to the company or recoveries to be made under the terms of this contract may be deducted from any sums which may be due to the Contractor from the Company on any account and in the event of the such amount being insufficient the contractor shall within ten days of such shortfall make good in cash, failing which the balance amount shall be recovered from security deposit. (vi) In the event of security amount at any time during the currency of the contract falling short of the specified amount the Contractor shall forth with make good the deficit on demand so that the total amounts of Security Deposit will not at any time be less than the amount so specified. The Company may recover the same by way of additional deductions from bills. (vii) No interest is payable on S.D. amount. 6.0 QUALIFYING CRITERIA The tenderers shall be pre-qualified on the basis of the following qualifying criteria. (i) Tenderer should have minimum turn over of Rs Lac in any of three previous financial years. In support of turn over, tenderer should submit attested copies of audited balance sheet or form-16 A, Income tax return or TDS Certificate.The price bid of only those bidders shall be opened who qualify in Techno-Commercial-Bid as per the above criteria & only qualified bidders will be informed about price bid opening. 7.0 DERIVING LOWEST BIDDER : Net value, as per rates offered for items as per the price bid will be the base to work out the lowest bidder. 9

10 8.0 PROVIDENT FUND a) The contractor shall be wholly responsible for complying with the fulfillments of the provisions of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 including subsequent amendments & notifications, in respect of the employees engaged for the work. b) The Contractor who are coming under the purview of the Employee Provident Fund & Misc. Provisions Act (EPF & MP Act) but are not registered should have to get himself registered (if not already registered) with the Regional Provident Fund Commissioner (RPFC) under the Employees Provident Fund and Miscellaneous Provisions Act, Tenderer is required to submit the copy of the PF Registration Number received from RPFC office before starting the work, failing which the contract is liable to be terminated. c) The Contractors who are not coming under the purview of the EPF & MP Act but are required to deposit the PF due to the applicability of the Contract Labour (R&A) Act may deposit the same with the PF Trust of RSMML along with an additional 1.15% of the pay (Basic + DA) of the contractor s employees, shall be charged by the RSMML from the contractor as administrative charges. An Affidavit for this purpose is to be furnished on a stamp paper of appropriate value at the time of awarding the contract by those contractors who are not coming under the purview of the EPF & MP Act but are required to deposit the PF due to the applicability of the contract Labour (R&A) Act to the effect that 1. They are not covered under the EPF & MP Act, and 2. In case the currency of the contract they come under the purview of the said Act than they will get themselves registered with the PF Commissioner and will deposit the PF with the RPFC. Performa of affidavit is enclosed as Annexure-A. d) However, each running account bill must be submitted along with the name of the labour / employee deployed for the work, salaries paid to them, amount of PF deducted from salaries of the labour / employees and employer s contribution, amount deposited in RPFC office against each labour name and copy of the challan for the amount deposited in RPFC office till previous month, failing which no payment will be made for Running Account bill submitted by the contractor to the Engineer-In-Charge. e) Alternatively, if the intimation of remittance of PF dues is not received by the company every month then the Engineer-In-Charge shall be authorised to deduct a lump sum 10% of the bill amount on account of PF which shall either be refunded to the contractor on its furnishing proof that contractor has deposited the required amount of PF along with the employer s contribution or shall be retained by the RSMML for payment to the Provident Fund commissioner on its demand, as and when made, under intimation to the contractor. 10

11 9.0 PERIOD OF CONTRACT:- FOUR MONTHS FROM THE DATE OF ISSUE OF Work order Canvassing in any form may lead to rejection of tender TAXES (i) The contractor shall be responsible for the deposition of any and all contributions, duties, levies and taxes etc. applicable now or hereinafter to be imposed by the Central or State Government authorities, for execution of the works under the contract. The Contractor shall also be responsible for full compliance with all obligations and restrictions imposed by the labour law or any other law affecting employer-employee relationship and the Contractor further agrees to comply and to secure the compliance by all his subcontractor/s, if any, with all applicable Central, State, Municipal and local laws and regulations and requirements, of any Central, State or Local Govt. agency or authority. Contractor further agree at his cost defend Indemnify and hold company harmless and indemnified from all or any liability or penalty which may be imposed by the Central State or Local authorities, including Directorate General of Mine Safety etc or any other civil or criminal court, tribunals by reason of any violation by contractor or his sub contractor/s of such laws, regulations or requirements and also from all claims, suits, or proceedings that may be brought against the Company arising under or out of or by reasons whatsoever work provided for by his contract by third parties or by Central or State Govt. authorities or any administrative or quasi judicial tribunal. (ii) RSMML will reimburse at actual any tax / duties which are imposed/increased after the date of submission of offer & are directly applicable to this contract and payable by the contractor, and determined on the basis of bills raised by him upon the company, if applicable, subject to the furnishing of documentary proof. (iii) The contractor shall be responsible for deposition of service tax to the concerned authorities. However RSMML will reimburse the service tax at actual directly applicable to this contract & paid by the contractor and determined on the basis of bills raised by him upon the company, subject to furnishing documentary proof in original regarding payment of service tax deposited by the contractor. In the case contractor (other than a Body Corporate) is availing any Cenvat Credit or not, the total Service Tax payable & applicable as per the applicable Service Tax Rate (which is 15% at present) shall be paid by the Contractor and M/s. RSMML in ratio of 50% and 50%. 11

12 But where the Contractor is a body corporate, then in that case the reverse charge mechanism will not be applicable and the 100% amount of service tax shall be paid by the service provider i.e. contractor and therefore, the same shall be reimbursed by the RSMML subject to submission of documentary proof. In case of reverse charge mechanism, such 50% Portion of Service Tax payable by the Contractor will be Firstly deposited by the Contractor and later reimbursed by the company subject to submission of documentary proof. (iv) (v) Any works tax applicable on the contract which shall be liability and deposited by the contractor. The company shall be fully entitled to deduct Income Tax and/or any other taxes levied at source as per the rules and instructions as may be applicable for this purpose from time to time NEGOTIATIONS: 12.1 Negotiations will be conducted with the lowest tenderer only. In case of non-satisfactory achievement of rates from lowest tenderer, RSMML may choose to make a written counter offer to the lowest tenderer and if this is not accepted, RSMML may decide to reject and re-invite fresh tenders or to make the same counter-offer first to the second lowest tenderer, then to the third lowest tenderer and so on in the order of initial bidding, and work order be awarded to the tenderer who accepts the counter offer In the case, when the quotations given by the tenderer during negotiations is higher than the original quotation of the tenderer then the tenderer will be bound by the lower rate originally quoted by the tenderer In case of negotiations, representative of the tenderer attending negotiations must posses written authority from the tenderer to the effect that he is competent to modify/amend the submitted tender deviations and rates bided by them RESERVE AND RIGHTS i. The Company reserves the right to accept or reject any or all tenders, or to withdraw/scrap this Tender Notice altogether without assigning any reason. ii. iii. The Company does not bind itself to accept the lowest offer. The company wishes to award all the works together but tenderer is required to give separate rates for each item in the Price Bid. Company reserves the right to split the order amongst more than one tenderers at it s own discretion. 12

13 14.0 COMPENSATION Completion of the Fencing and other works as specified in the tender document etc., within stipulated time period, is the crux of the contract. In case the work completion is delayed beyond this time period, then for every such delay, Rs per day will be charged from the contractor for every delayed day. besides such other penal action as may be taken by the Company. However, delays on account of reasons beyond the control of company or the contractor shall not be covered under this clause RIGHT TO REVIEW PERFORMANCE 15.1 The company reserves the right to review and assess the performance of the work at any time during the contract period. In case of poor or unsatisfactory performance and/or breach of any terms and conditions of the contract, the company in its absolute rights and discretion may take appropriate action including termination of the contract The Company shall have absolute right to determine and ascertain the damages or loses suffered by it due to poor performance or breach of the terms and recover the costs thereof from the contractor from the security deposit or any sum due to the contractor from the company. The Company shall also have absolute right to get the work done from any other agency at the risk and cost of the Contractor, in case, the contractor fails to perform the work continuously for more than 3 days and difference in such rates if any, shall be borne by the contractor NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT: i) The tenderer, whose bid has been accepted will be notified of; the award by the Company through postal communication or through facsimile confirmed by registered letter/ speed post. This letter (hereinafter and in conditions of contract called the Letter of Acceptance will state the sum unit that the company will pay to the Contractor in consideration of the execution and completion of the works by the contractor as prescribed in the contract. ii) The notification of award will constitute the formation of Contract. The execution of agreement as per clause below would be the formalization of agreement that was commenced with the issuance of LOA. 13

14 17.0 SIGNING OF THE CONTRACT AGREEMENT: i. The successful tenderer shall be required to execute an agreement on nonjudicial stamp paper of appropriate value under Indian Stamp Act with the company within 30 days from the date of intimation regarding acceptance of tender/loa. The cost of execution of agreement including non-judicial stamp paper shall be borne by the contractor. ii. The contract agreement shall consist of :- a) An agreement on non-judicial stamp paper of appropriate value. b) Signed & sealed tender document, along with the addend/corrigenda, if any. c) Detailed Letter of Acceptance/ Letter of Acceptance./work order. d) Agreed Variation, if any. e) Any other document as mutually agreed TERMINATION OF THE CONTRACT: (i) If the Contractor fails to execute the work or any part thereof with such diligence as will ensure its completion within the time specified in the contract, or extension thereof, or fails to complete the said work within such time or fails to perform any of his obligations under the contract or in any manner commits a breach of any of the provisions of the contract. It shall be open to the Company in its option, by written notice to the contractor:- a) In case of failure to perform the job as required under this tender or observe any of the terms and conditions by the contractor, the company shall give a notice to rectify the default or breach within 07 days. Failure to rectify such default/breach may result in termination of the contract and forfeiture of security deposit without any prejudice to the company s rights to claim damages/costs/loss etc. caused by such default/breach. Such termination shall not absolve the contractor of the liabilities accruing till the date of such termination. b) To determine the contract in which event the contract shall stand terminated and shall cease to be in force and effect on and from the date of notified by the company in this behalf, whereupon the contractor shall stop forthwith all or any of the contract work, then in progress and the company may on its part, may take over the work remaining incomplete by the Contractor and the contractor and his sureties if any, shall be liable to the company for any excess cost occasioned by such take over and completion by the Company or by appointing any other agency over and above the rates of remuneration payable under the contract. 14

15 c) Without determining the contract to take over the work of the Contractor or any part thereof and complete the same through any other agency at the risk and cost of the contractor and the contract and his sureties shall be liable to the company for any excess cost/ additional cost occasioned by such work having been so taken over and completed by the Company and/or through any other agency over and above the remuneration payable under the contract. (ii) (iii) Before determining the contract as aforesaid and provided that in the judgment of the company the default or defaults committed by the contractor is or are curable or may be cured by the Contractor if any opportunity is given to him to do so the Company may be notice in writing call upon the Contractor to cure the default within such time as may be specified in the notice. In the event of the Company proceeding in the manner herein above prescribed- a) The whole of the Security Deposit furnished by the Contractor or retained by the Company shall be liable to be forfeited, without prejudice to the right of the Company to recover from the Contractor the excess cost referred to aforesaid. The Company shall also have the right to take possession of the sites for completing the work or any part thereof. With any or all such materials, equipments, machinery tools and tackles belonging to the contactor as may be deployed/ used for the work. b) The money that may have become due to the Contractor on account of work executed by him/its already shall not be payable to him/its until after the expiry of six calendar months reckoned from the date of determination of contract or from the taking over of the work or part thereof by the company as the case may be, during which period the responsibility for fully workmanship in respect of such work shall under the contract rest exclusively with the Contractor and shall be subject to deduction of all amounts due from the Company to the Contractor, whether under the terms of the contract or otherwise, authorised or required to be recovered or retained by the Company. (iv) (v) The Company shall also have the right to proceed in the manner prescribed in sub-clauses above, in the event of the contractor abandoning the execution of the contract work for a continuous period of one month or becoming bankrupt or insolvent, or compounding with his creditors or assignees the contract in favour of his creditors or any other person or persons or being a firm or a corporation goes into voluntary liquidation provided that in the said event, it shall not be necessary for the Company to give any prior notice to the Contractor. Termination of the contract as aforesaid shall not prejudice or affect the rights of the Company which may have accrued upto the date of such termination. 15

16 19.0 FORCE MAJEURE: Neither the Contractor nor the company shall be considered to be in default in the performance of their respective obligations under this contract if such performance is prevented or delayed because of the conditions constituting force majeure which shall include but not limited to lock-outs notice/s from the Directorate of Mines Safety Office other Statutory Authority, Civil Commotion, Fire accidents, epidemics, War, acts of God or because of any law, order, proclamation or ordinance of any Government or any authority thereof or forced stoppage of mining, loading, operations, accumulation of stock of mineral, non-availability of mineral at mines and other places due to reasons like sand dune/ storms / other causes and for failure of transportation or for any other cause beyond reasonable control of the party affected provided notice of such cause in given in writing by the party affected within 14 days of the happening of the event. In case it is not possible to serve the said notice within the said period of 14 days then within the shortest possible period. Power cuts/ partial power failure/ interruption shall not be construed as force Majeure for this purpose and the same shall not affect in any way the performance of the Contract. As soon as the cause of force Majeure has been removed the party whose ability to perform its obligation has been affected shall notify the other of such cessation. Should one or both the parties be prevented from fulfilling their contractual obligations by state of force Majeure lasting for a continuous period of three months both the parties shall consult each other and decide about the future course of action regarding the contract DISPUTE & JURISDICTION: i. In case of any dispute, it shall be the endeavour of both the parties to resolve it through mutual discussions. ii. No courts other than the courts located at Jaipur-Rajasthan shall have jurisdiction over any matter concerning any aspect of the work under this tender. iii. The contractor shall not stop or abandon the work due to and during the pendency of such disputes or differences The contractor shall have no right title or interest in the site made available by the Company for execution of the works, or in the building, structures or works executed on the said site by the contractor or in the goods, articles, materials etc. brought on the said site (unless the same specifically belongs to the contractor) and the contractor shall not have or deemed to have any lien/charge or any kind whatsoever for unpaid bills & will not be entitled to assume or retain possession or control of the site or structure and the company shall have absolute & unfettered right to take full possession of site & to remove the contractor, his employees, agents and materials belonging to the contractor and lying at the site. 16

17 22.0 The contractor shall be allowed, (his authorised employees, authorized representatives) to enter upon the site for execution of the works only as a licensee simpliciter and shall not have any claim, right, title or interest in the site or the structures erected thereon and the company shall be entitled to terminate such license any time without assigning any reason The material including sand, gravel, stone, loose earth, rock etc. dug up or excavated from the said site shall unless otherwise expressly agreed, shall exclusively belong to the company & contractors shall have no right/claim over the same and such excavation and material should be disposed off on account of the company according to the instructions in writing issued from time to time by the Engineer-In-Charge APPEAL BY THE CONTRACTOR: If the contractor is not satisfied with any decision or working methods of the local management, then he can submit his representation initially to First Appeal Officer who is Managing Director, RSMML. 4-Meera Marg, Udaipur and subsequently to the -Second Appeal Officer who is Mines Department, Government of Rajasthan, Jaipur through payment of prescribed fee and in the prescribed form No.1 (see rule-83)- Memorandum of Appeal under the Rajasthan Transparency in Public Procurement Act, 2012 of annexure-c provided in the tender document. I/ We have carefully gone through & fully understood all the above terms and conditions of this tender and these are acceptable to me/ us. Signature of Tenderer with seal 17 17

18 Section SPECIAL/GENERAL CONDITIONS OF CONTRACT DESCRIPTION OF WORK (A) Approx mtrs barbed fencing work at around Giral Lignite Mines, Barmer as per specification mentioned in G schedule based on BSR Barmer. Specifications of fencing work G schedule based on BSR Barmer (Rajasthan) are as under:- DESCRIPTION OF WORK Qty cm. high fencing with angle iron 50x50x6mm placed at every 3mtr. apart 30 cm. in ground embedded in cement concrete 1:3:6(30x30x45cm.) corner and every tenth post to be strutted with 50x50x6mm angle iron provided with 6 horizontal lines and two diagonals of black barbed wire between two post fitted and fixed with G.I. staples including earth work in excavation etc. complete ( B-97 Item 9.56) meter (B) Sr. no. DESCRIPTION OF WORK 1 Earth work in rough excavation,banking excavated earth in layers not exceeding 20 cm. in depth, breaking clods watering, rolling each layer with ½ tonne roller, or stone or steel rammers and rolling every 3 rd and top most layer with power roller of minimum 8-10 tonne capacity and dressing up in embankment for road, flood banks marginal banks and guide banks or filling up ground depressions, lead up to 50 mtr. and lift up to 1.5 mtr.: all kind of soil. (B-1 Item 1.2) 2 Providing and laying in position cement concrete including curing compacting etc. of specified grade excluding the cost of centering and shuttering =all up to plinth level. 1:5:10(1 Cement:5Course sand :10Graded stone aggregate 40mm nominal size)1:5:10(1 Cement:5Course sand :10Graded stone aggregate 40mm nominal size) (B-15 Item 3.2.8) 3 Random rubble stone masonary for foundation and plinth in Cement Sand Mortar above 30Cm.thick wall [Cement mortar 1:6(1-Cement and 6-mortar)] (B-36 Item 6.1.7) 4 (1)Random rubble stone masonry for super structure above plinth level one story height above 30cm. thick wall in cement mortar 1:8(1 Cement :8-Sand ) (2) pillar masonry including bed plate as per specifications. Bed plate to be paid separately. ( B-36 Item 6.2.8& 6.3.3) 5 Plaster on new surface on wall in cement sand mortar 1:6 including racking of joint etc. complete fine finished :25mm thick. (B-127Item ) 6 Providing and fixing steel gate grating and grill made of angle, tees, square, bars or other flats black pipe with holdfast and fitting complete as per design and drawing including cutting welding and fabrication with priming coat of red oxide. (B-89 Item 9.19) Qty cu.m cu.m cu.m cu.m Sq.m. 250 kg. The work of fencing shall be undertaken by the tenderer as per the directions of Engineer-In- Charge at suitable and specified locations of the Giral Lignite Mines, Barmer. 18

19 3.1 POWERS TO DETERMINE THE CONTRACT The Competent authority may without prejudice to his right against the contractor in respect of any delay or inferior workmanship or otherwise or to any claims for damage in respect of any breaches of the contractor and without prejudice to any rights or remedies under any of the provisions of this contract or otherwise and whether the date for completion has or has not elapsed, by notice in writing absolutely determine the contract in any of the following cases: - (i) (ii) (iii) (iv) (a) If the contractor having been given by the Engineer-in-charge a notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in any inefficient or otherwise improper or un-workmanlike manner, comply with the requirements of such notice a period of seven days thereafter or if the contractor shall delay or suspend the execution of the work so that either in the judgment of the competent authority he will be unable to secure completion of the work by the date for completion or he has already failed to complete the work by that date. If the contractor being a company shall pass a resolution or the court shall make an order that the company shall be wound up or if a receiver or a manager on behalf of creditor shall be appointed or if circumstances shall arise which entitle the court or creditor to appoint a receiver or a manager or which entitle the or make winding up order. If the contractor commits breach of any of the terms and conditions of the contract. If the contractor commits any acts mentioned in clause related to subletting and when the contractor has made himself liable for action under any of the cases aforesaid, the competent authority on behalf of the RSMM shall have powers:- To determine and/or rescind the contract s aforesaid (of which term in attention or rescission notice in writing to the contractor under the hand of the Engineer-in-charge shall be conclusive evidence). Upon such determination or rescission, the security deposit of the contractor shall be liable to be forfeited and shall be absolutely at the disposal of the company. (b To employ labour paid by the company and to supply materials to carry out the works or part of the work debiting the contractor with the cost of the labour and the price of the materials (of the amount of which cost and price certified by the Engineer-in-charge shall be final and conclusive against the contractor) and crediting him with the value of the work done in all respects in the same manner and at the same rates as if it has been carried out by the contractor under the terms of his contract. The certificate of the Engineer-in-charge as to the value of the work done shall be final and conclusive against the contractor, 19

20 provided always that action under the sub-clause shall only be taken after giving notice in writing to the contractor. Provided also that if the expenses incurred by the company are less than the amount payable to the contractor at his agreement rates, the difference should not be paid to the contractor. (c) After giving notice to the contractor to measure up his work and to take such part thereof as shall be un-executed out of his hands and to give it to another contractor to complete, in which case any expenses which may be incurred in excess of sum which would have been paid to the original contractor if the whole work had been executed by him (of the amount of which the excess certificate in writing of the Engineer-in-charge shall be final and conclusive) shall be borne and paid by the original contractor and may be deducted from any money due to him by company under this contract or on any other account whatsoever or from his security deposit or the proceeds of sale thereof a sufficient part thereof as the case may be. 3.2 Time Extension In the event of any one or more of the above course being adopted by the competent authority the contractor shall have no claim to compensation for any loss sustained by him by reason of his having purchased or procured any material or entered into any engagements or made any advances on account of or with a view to the execution of the work or the performance of contract. And in case action is taken under any of the provision aforesaid the contractor shall not be entitled to recover or be paid any sum for any work thereof actually performed under this contract unless payable in respect thereof and he shall only be entitled to be paid the value so certified. If the contractor shall desire an extension of the time for completion of the work in the grounds of his having been unavoidably hindered in its execution or any other grounds, he shall apply in writing to the Engineer-in-charge in that behalf within 15 days of the date of the hindrance on account of which he desired such extension as aforesaid and the competent authority shall if in his opinion (which shall be final & binding on the Contractor) reasonable grounds be shown therefore authorise in writing such extension of time, if any as may in his opinion be necessary or proper. If the period of completion of contract expires before the expiry of the period of 30 days provided in this clause, the application for extension shall be made before the expiry of the period stipulated for completion of the contract. Failure or delay by the Company to hand over to the Contractor possession of the land necessary for the execution of the works, or to provide the necessary drawings and instructions, or any other delay by the Company due to any other cause, whatsoever shall in no way affect or vitiate the contract or alter the character thereof or entitle the Contractor to damages or compensation thereof, provided, however, that the Company without any financial liability may extend the time for completion of the work by such period as it may consider necessary or proper. 3.3 Completion Certificate Within ten days of the completion of the work, contractor shall give notice of such completion to the Engineer-in-charge and within ten days on the receipt 20

21 of such notice the Engineer-in-charge shall inspect the work and if there is no defect in the work shall furnish the contractor with in certificate of completion otherwise a provisional certificate of completion indicating defects (a) to be rectified by the contractor and or (b) for which payment will be made at reduced rates shall be issued, nor shall the work be considered to be completed until the contractor shall have removed from the premises on which the work shall be executed. 3.4 PAYMENT OF BILLS No payment shall be made for works estimated to cost less than Rupees One Thousand till after the whole but in the case of works estimates to cost more than Rupees One Thousand the contractor shall on submitting the bill thereof be entitled to receive a monthly payment proportionate to the part thereof then passed by the Engineer-in-charge. Monthly payment may be made within 15 days after submission of bills. All such intermediate payment shall be regards as payments by way of advance against the final payment only and not as payments for work actually done and completed shall not preclude the requiring of bad, unsound and imperfects or unskillful work to be removed and taken away and reconstructed or re-erected or be considered as an admission of the due performance of the contractor any part thereof in any respect of the accruing of any claim, not shall it conclude, determine, or effect in any way the powers of the Engineer-in-charge under these conditions or any of them as to the final settlement and adjustment of the account or otherwise the Engineer-in-charge s certificate of the measurements and of the total amount payable for the work accordingly shall be final and binding the contractor in all respect. The payment of final bill shall be made within 3 months of the submission of such bill. If there shall be any dispute about any items of work then the undisputed item or items only shall be paid within the said period of 3 months. The Contractor shall submit a list of the disputed items within 30 days from the disallowance waived and absolutely extinguished. A bill shall be submitted by the contractor each month on or before the dated fixed by the Engineer-in-charge for all work executed in the previous month. The charges in the Bill shall always be entered at the rates specified in the agreement or in the case of any extra work ordered in pursuance of these conditions and not mentioned or provided for in the tender, as the rates herein after provided for such works. The Engineer-in-charge shall take or cause to be taken the requisite measurements for the purpose of having the same verified and the claim, as for as admissible, adjusted if possible before the expiry of ten days from the presentation of the bill. If the contractor does not submit the bill within the time fixed as aforesaid, the Engineer-in-charge may depute a subordinate to measure up the said work in the presence of the contractor whose counter signature to the measurement list will be sufficient warrant, and the Engineer-in-charge may prepare a bill from such list, which shall be binding on the contractor in respect. Before taking any measurement of any work as refereed to in above, the Engineer-in-charge or a subordinate deputed by h i m shall give reasonable notice to the contractor. If the contractor fails to attend at the time of measurement after such notice or fails to countersign or to record the difference within a week from the date of measurement in the manner required by the Engineer-in-charge then in any such event the measurement taken by the Engineer-in-charge or by the subordinate deputed by h im as the case may be shall be final and binding on the contractor and the contractor shall have no right to dispute the same. 21