TENDER DOCUMENT MAHANAGAR TELEPHONE NIGAM LIMITED (A GOVT. OF INDIA ENTERPRISE)

Transcription

1 TENDER DOCUMENT MAHANAGAR TELEPHONE NIGAM LIMITED (A GOVT. OF INDIA ENTERPRISE) (BUILDING WORKS - ELECTRICAL UNIT, MUMBAI) (2009) NIT NO. EE(E)South / NIT / 09-10/04. NAME OF WORK : PITC of different HP water pumps against scrapped water pumps at Mazgaon, T.E. Bldg. NAME OF THE : DATE OF APPLICATION FOR TENDER BY : DATE OF RECEIPT OF APPLICATION IN DIVISIONAL OFFICE : DATE OF ISSUE OF TENDER PAPERS : DATE OF RECEIPT OF TENDER PAPERS : Executive Engineer(E) South, 8 th Floor, TE Building, Bandra, Mumbai Tel. No

2 GENERAL TERMS & CONDITIONS INDEX Pages PART I TERMS AND CONDITIONS NOTICE INVITING TENDERS 1 to 3 INSTRUCTIONS TO TENDERER 4 to 6 GENERAL CONDITIONS OF CONTRACT 7 to Definitions 7 to Interpretations Singular and Plural Headings and Marginal notes Meanings Languages and Measures General Transfer of documents Site Availability Tenderer to have visited Site Changes in Layout Tenderer to obtain his own information Works to be carried out Quantities Sub-Contractors List of Employees Employees not bound personally Forefeiture of Earnest Money Validity of Tender Time Schedule and Delay Submission of Tender Right of to accept or reject Tender Contract Contract Documents General Performance Guarantee and Security Deposit Deviations/Variations Extent & Pricing Suspension of work Compensation for Delay Breach of Contract Contractor s liability to pay compensation Action and Compensation in case of bad work Technical Examination and Audit Power of Entry Foreclosure/Restriction/Deviation of contract Termination of contract on Death Compensation Not Relatable to Actual Loss Excepted risks (Force Majeure) Materials obtained from excavations Watch and ward 26

3 27.0 Supervision of works Instructions and Notices Inspection and Approval Delegation of power by Engineer-in-charge Completion Certificate Contractor s Liability Defect liability period Insurance Guarantee Sub-Contracting Rights of various interests Adherence to Govt. Regulations Changes in Constitution Apprentice Act Materials Labour Model rules for labour welfare and safety code Failure to comply with Labour Regulations/Act/Rules Rates to cover Patent Rights Payments Liens Arbitration/Settlement of Disputes Tools & Plant, Temporary Works and Materials 46 to Varriations in quantum of work Validity of rates No claim for floor height Compliance of EPF scheme APPENDICES AND ANNEXURES 48 to 62 Appendix I Model safety Code 48 to 53 Annexure I Proforma for Agreement 54 to 56 Annexure II Proforma for Performance Guarantee 57 to 59 Annexure III Proforma for Bank Guarantee against security deposit 60 to 61 Annexure IV Proforma for Notice of Invocation of Bank Guarantee 62 PART-II Special Conditions of Contract 64 to 69 General Specifications of Work 70 to71 List of Approved Makes 72 to 73 Schedule of work 74 to 76 Memorandum 77 Acceptance 78

4 1 MAHANAGAR TELEPHONE NIGAM LTD., MUMBAI (A GOVT. OF INDIA ENTERPRISE) NOTICE INVITINGTENDER NIT NO. : EE(E)South / NIT / 09-10/04. Sealed item rate tenders for the following works are invited in the prescribed forms on behalf of by Executive Engineer (E) South, 8 th floor T.E. Bldg., Bandra, from the contractors satisfying under mentioned eligibility conditions: - Sr. N. Name Of Work Estimated cost put to tender (Rs.) E.M.D. Completion Period 1 PITC of different HP water pumps against scrapped water pumps at Mazgaon, T.E. Bldg. 2,41,320/- 4826/- 3 Months 2. Dates for obtaining and submission of tenders shall be as follows : - a) Last date for receipt of application for Issue of Tender form 27/11/2009 upto hrs. b) Last date for issue of Tender form 30/11/2009 upto hrs c) Date of submission of tender. 02/12/2009 upto hrs. d) Date and time of opening of tenders 02/12/2009 upto hrs. 3. Eligibility conditions: - A) i) The intending tenderers should have satisfactorily completed similar works, as mentioned below, in Central Govt./Central PSU/Maharashtra State Govt. during last 7 years ending last day of month previous to the month in which applications are invited : - a) Three similar completed works costing not less than 40% of estimated cost. b) Two, similar completed works costing not less than 50% of estimated cost. c) One similar completed work costing not less than 80% of estimated cost. ii) Similar work means SITC of water pumps. B) Financial Norms : i) Financial turnover during the last 3 years, ending 31 st March of the previous financial year, should be at least Rs. 10 Lacs.

5 2 4. They should have established office in and around Mumbai, Navi Mumbai or suburbs of Mumbai for undertaking works. 5. The work to be executed under this contract mainly includes PITC of different HP water pumps against scrapped water pumps at Mazgaon, T.E. Bldg 6. The intending tenderers while applying for issue of tender forms shall submit following documents along with the details of the completed works: - a) Sales Tax/VAT registration certificate and Works Contract registration number and address of WC Tax Assessing Authority as a proof of their establishment in Mumbai region. b) Registration certificate and Documentary proof of turnover with attested /self attested copies as applicable along with application on their printed letter heads for purchase of tender. c) List of works completed and actual date of completion of the requisite magnitude along with attested/self attested copies of certificates, testimonials of their satisfactory completion from the department concerned obtained from an officer not below the rank of Executive Engineer or equivalent rank. 7. Conditions and tender forms can be had from this office on payment of Rs.551/- (Rs.Five Hundred Fifty One Only)(non refundable). The tender fee is payable by DD in favor of AO (Cash - BW),, Mumbai. Tender application and document received by post/courier shall not be entertained. 8. The corresponding E.M.D should be deposited in a separate envelope in the form of Demand Draft drawn on Schedule/Nationalized Bank in favor of A.O (Cash- BW),, Mumbai along with application. The application submitted without EMD shall be considered non-responsive and shall be summarily rejected. 9. The intending tenderers shall have to pay the additional security deposit over and above the Earnest Money deposit as explained in Clause 8.6. of the tender document, along with the tender in the form of Demand Draft payable to Accounts Officer(Cash-BW),, Mumbai, in a separate sealed cover, if the tenderer is quoting the percentage beyond 10% below the estimated cost put to tender. If the additional security deposit in the form of Demand Draft is not submitted along with the tender offer, the tender will not be considered and will be summarily rejected. 10. Tender will be issued to the original tenderer or their authorized representative, provided he produces the required document in original. 11 Tender application and document received by posts/courier shall not be entertained. 12. Name of work and Name of contractor should be written on all envelopes and tender documents by the contractor.

6 3 13. Booklet containing terms and conditions and schedule of work is also available on website or or or which can be seen / downloaded by the intending tenderers. The firm downloading the tender documents from the web site shall have to submit the cost of the tender documents (non-refundable) and earnest money etc at the time of submission of tenders in the form of a demand draft/pay order as given below :- i) Envelope A Cost of tender form as prescribed. ii) iii) iv) Envelop B EMD in prescribed form Envelop C Application duly filled alongwith supporting eligibility documents. (Original documents may be shown at the time of opening of the tender). Envelop D Technical and financial bid duly filled up. EMD should be submitted alongwith each tender in a separate envelop. 14. If any difference / discrepancies found between downloaded tender form, and hard copy issued from concerned Executive Engineer (E) South office, the contents in draft NIT issued from DGM (E) office will be final & binding. 15. The tender forms shall be issued and received by the Executive Engineers (E) South. EXECUTIVE ENGINEER (ELECT) SOUTH, MUMBAI.

7 4 MAHANAGAR TELEPHONE NIGAM LIMITED (A GOVT., OF INDIA ENTERPRISE) INSTRUCTIONS TO TENDERER 1. The Executive Engineer (Electrical) South,, Mumbai, invites the tenders for and on behalf of for the work detailed in the Press Notice for invitation of Tender. 2.(i) The tender document for the work, shall consist of the following. PART - I Tender notice, Instructions to tenderer. General Conditions of Contract. PART - II Term & Conditions of Contract & Specifications etc. Schedule of Quantities, Memorandum & Acceptance 2. (ii) The Site for the work in existing departmental building 2. (iii) The work can be diverted if needed at the same rate and conditions to any place under, Mumbai. The decision of DGM (E) shall be final in this regard. 3. The tenderer must submit his tender on the prescribed tender form duly completed and signed by the tenderer. The tender shall always be placed under wax sealed cover superscripted with the following information and affixed with his signatures over his stamp: Name of the work: Name of the tenderer: Date of submission of the tender: The sealed envelope containing tenders shall be addressed to the Executive Engineer (Electrical) South The Envelope will be received in the office of the Executive Engineer (Electrical) South upto Hrs. on / / and will be opened by the Executive Engineer (Electrical) or his duly authorised representative in his office on the same day at Hrs. in the presence of the tenderers who wish to remain present. Unsealed tenders are liable to be rejected. 4. Issue of tender forms will be stopped as per the date and time published in the press notice unless otherwise extended. 5. Earnest money amounting to Rs. 4,826/- (Rupees Four Thousand Eight Hundred Twenty Six only) in the form of a Demand Draft payable to The Accounts Officer (Cash) BW,, Mumbai has already been submitted along with the application form for tender. The tenders which are not accompanied by the EMD of the prescribed amount and in the prescribed manner shall to be summarily rejected. 6. Additional Security Deposit amounting to Rs. (Rupees ) in the form of a Demand Draft payable to the Accounts Officer (Cash) Bldg. Works,, Mumbai must accompany each tender, as per clause 8.6 in a separate envelope along with Earnest Money. The tenders which are not accompanied by

8 5 the additional Security Deposit, if needed of the prescribed amount and in the prescribed manner shall be summarily rejected and shall be treated as non responsive. 6. (a) The tenderer whose tender is accepted will be required to furnish Bank Guarantee by way of Performance Guarantee for due fulfillment of his Contract. Such sum will be at the rate of 5% (five percent) of the Contract Value. The Performance Guarantee shall remain valid upto the completion of the Work and shall be released only after satisfactory completion of the work. 6. (b) Security Deposit (SD) shall be collected by deductions from the running bills of the Contractor at the rate of 10% (ten percent) of the gross value of the work done in each running bill till it reaches 5% of the contract value. Earnest Money deposited at the time of submission of tender will be treated as part of the Security Deposit. The Security Deposit shall be retained and the same shall be released after 12 months from the date of completion of work or finalization of the bill whichever is later. 7., does not bind itself to accept the lowest tender and reserves to itself the right to reject all or any of the tenders received without assigning any reason. Tenders in which any of the prescribed conditions are not fulfilled or are incomplete in any respect, are liable to be rejected. 8. The abstract of cost (Section B) under pricing schedules should be filled up properly in figures as well as in words by the Tenderer. No Engineer of Gazetted rank or other Gazetted officer employed in Engineering or Administration duties in an Engineering Department of / Govt. of India is allowed to work as a contractor for a period of two years from the date of his retirement from Govt. Service without the previous permission of the Govt. of India/. 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 has not obtained permission of the Govt. of India/ as aforesaid, before submission of the tender or engagement in the Contractor s service. 9. If it is found that the tender is not submitted in proper manner or contains too many corrections or absurd rates or amounts, it would be open for the to take suitable disciplinary action against the Contractor. 10. Engineer-in-charge or his duly authorised representative will open tenders in the presence of intending contractors who may be present at the time of opening. 11. The work shall be carried out by the Contractor in a manner complying in all respect with the requirements of all the relevant bye-laws/ orders of the Local/ Municipal bodies and pay all fees and charges which may be leviable at his own cost. Wherever local bye laws required engagement of licensed plumbers/ Electrical Inspectors or any other specialized persons, the Contractor shall engage them at his own cost. The completion certificates, wherever applicable, to meet the statutory obligations, shall be arranged by the Contractor. 12. Wherever applicable, the work will be carried out in accordance with the Architectural Drawings and Structural Drawings to be issued by the Engineer-in-

9 6 Charge. The Structural and Architectural Drawings shall have to be properly correlated before executing the work. In case of any difference noticed between Architectural and Structural drawings, final decision, in writing, of the Engineer-in- Charge shall be obtained by the Contractor before proceeding further with the execution. For items where so required, samples shall be produced/ prepared by the contractor before starting the execution of particular item(s) of work for prior approval of the Engineer-in-Charge and nothing extra shall be payable on this account.

10 7 GENERAL CONDITIONS OF CONTRACT 1.0 DEFINITIONS a) The shall mean Mahanagar Telephone Nigam Ltd., New Delhi having its registered office at 12th Floor, Jeevan Bharati Building, Connaught Place, New Delhi and shall include their legal representatives, employees and permitted assignees. b) The CMD shall mean the Chairman and Managing Director of Mahanagar Telephone Nigam Ltd., or his successors in the office or his authorized officer. c) The ED shall mean the Executive Director,, Mumbai or his successors in the office or his authorized officer. d) The CE (BW) shall mean the Chief Engineer (BW), Mumbai or his successors in the office. e) DGM (Elect) shall mean the Deputy General Manager (Electrical) of, Mumbai. f) The Contract shall mean the Press Notice for inviting tender, the tender documents and letter of acceptance thereof and the formal agreement, if any, executed between the and the Contractor together with the complete documents referred to therein including the conditions with appendices and any special conditions, the specifications, designs, drawings, schedule of quantities with rates and amounts and schedule of rates. All these documents taken together shall be deemed to form one Contract and shall be complementary to each other. g) The Contractor shall mean the individual or firm or company whether incorporated or not, undertaking the work and shall include legal representative(s) of such individual or persons composing such firm or company or successors of such firm or company as the case may be and permitted assignees of such individual or firm or company. h) The Engineer-in-Charge or E-in-C shall mean the concerned Executive Engineer (Electrical), who shall direct, supervise and be incharge of the work for purposes of the Contract. The Engineer-in- Charge may nominate his representative(s) and authorize him/them to assist in performing his duties and functions. i) The Work shall mean the works to be executed in accordance with the Contract or part(s) thereof as the case may be and shall include all extra or additional, altered or substituted works or temporary and urgent works as required for performance of the contract. The job order shall mean the order given for carrying out total/part of the work out of total scope of the contract

11 8 j) The Permanent Works shall mean and include the works which will be incorporated in and form a part of the Work to be handed over to the by the Contractor on completion as per the Contract. k) The Temporary Works shall mean all temporary works of every kind required in or about the execution, completion or maintenance of the Work. l) The Site shall mean the land, building and/or other places or part thereof on, under, into or through which the Work is to be executed under the Contract including any other lands or places which may be allotted by the or used for the purpose of this Contract. m) The Letter of Acceptance shall mean intimation by a letter in writing by the to the successful tenderer that his tender has been accepted in accordance with the provisions contained therein. n) The Contract Value shall mean the amount at which the tender has been accepted. o) The Press Notice shall mean the intimation through press notice or in any other manner to contractors inviting them to bid for the Work. p) The Tender shall mean the proposal along with supporting documents submitted by eligible tenderer on the prescribed documents/forms for consideration of the. q) The Mobilisation shall mean establishment of sufficiently adequate infrastructure by the Contractor, comprising of construction equipments, aids, tools, tackles, including setting of site offices with facilities such as power, water, communication etc., establishing manpower organisation comprising of Resident/Site Engineer, supervisory personnel and an adequate strength of skilled, semiskilled and unskilled workers, materials etc., who with the so established infrastructure shall be in a position to commence the execution of work at the Site, in accordance with the agreed Time for Completion of the Work. Mobilisation shall be considered to have been achieved, if the Contractor is able to establish infrastructure as indicated above to the satisfaction of Engineer-in-Charge. r) The Specifications referred to in the contract conditions shall mean the relevant Central Public Works Department General Specifications for Electrical Works (Internal) 1994 & General Specifications for Electrical Works (External) 1995 with correction slips issued upto the date of receipt of tenders and shall be deemed to be part of the contract. s) The Market Rates shall be the rates as decided by the Engineer-in- Charge on the basis of the cost of materials, VAT and labour at the site where the work is to be executed, plus ten (10) percent to cover all overheads and profits plus Service Tax. The decision of the E-in-C in such matters shall be final and binding upon the contractor.

12 9 t) The Schedule of items referred to shall mean the Schedule of items and rates of work forming part of the Pricing Schedule (Section A) of this contract unless otherwise specified. u) The Sub-Contractor shall mean any person or firm or company (other than the Contractor) to whom any part of the work, specialised in nature or otherwise, has been entrusted by the Contractor, with the prior written approval of the Engineer-in-charge. v) The term PCC shall mean Plain Cement Concrete of the mix specified ; RCC shall mean Reinforced Cement Concrete of the mix specified; MS or ms shall mean Mild Steel; CM shall mean the Cement Mortar of specified mix. w) The Completion Certificate shall mean the certificate to be issued by Engineer-in-charge when the work has been physically completed in accordance with the Contract. x) The Defect Liability Period in relation to the Work shall mean the specified period to be counted from the date of completion during which period the Contractor stands responsible for rectifying all defects that may appear in the Works executed by the Contractor in pursuance of the Contract and includes workmanship defects etc., warranties against manufacturing/ fabrication defects covering all materials components and the like supplied/executed by the Contractor. 2.0 INTERPRETATIONS 2.1 Singular and Plural Words imparting the singular only also include the plural and vice-versa where the context requires. 2.2 Headings and marginal notes if any to these General Conditions shall not be deemed to form part thereof or be taken into consideration in the interpretation or construction thereof or of the Contract. 2.3 Meanings Wherever in this Contract the words directed, permitted, required, ordered designed, considered, necessary or like words are used, it shall be understood that the said directions, permissions, requirements, orders, designs etc. of the Engineer-in-Charge, are intended. Similarly words approval, acceptable, satisfactory or like words shall mean approved by or acceptable to or satisfactory to the Engineer-in-Charge unless any other meaning is plainly intended. 2.4 Languages and Measures All documents pertaining to the Contract, Drawing or any other writings shall preferably be written in English Language. The Metric System of measurement shall be used in the Contract unless otherwise specified.

13 3.0 GENERAL Transfer of Documents Transfer of tender document purchased by one intending tenderer to another is not permissible. 3.2 Site Availability The Site/ Building(s) for execution of the work is/are available. The general information can be obtained from the Engineer-in-Charge. 3.3 Tenderer to have visited site The tenderer shall be deemed to have visited the Site/ Buildings and its/ their compound and familiarized himself thoroughly with it/ them including existing services, water and Electrical installation before submitting the Tender. Non-familiarity with the site, working conditions like difficult approaches, traffic restriction, congested spaces and other similar conditions etc. shall not be considered a reason for extra claims or for not carrying out the works in strict conformity with the conditions of contract, drawings, specifications, requirements and directions of the E-in-C. The Tenderer shall wherever applicable, read the Specifications and study the drawings/sketches, verify all plans, elevations and sections etc., shown in the drawings and, in case of any doubt, obtain required particulars/clarifications, from the E-in-C which may in any way influence his tender. No extra Payment whatsoever will be made beyond the Contract for the alleged ignorance thereof on the part of contractor. 3.4 Changes in layout Any changes in layout due to site conditions or technical requirement shall be binding on the Contractor and no extra claim on this account shall be entertained. 3.5 Tenderer to obtain his own information The tenderer shall be deemed to have examined the tender documents, and to have obtained all the necessary information in all matters whatsoever that might influence carrying out the Works at the rates, prices quoted in the pricing scheduled and satisfied himself to the sufficiency of his tender etc. 3.6 Works to be carried out The Contractor shall provide, at his own cost, all materials, plants, tools, appliances, implements, ladders, cordages, tackle, scaffolding and temporary works required for proper execution of the job/works, whether original, altered or substituted and whether included in the Specifications or other documents forming part of the contract or referred to in these conditions or not, or which may be necessary for the purpose of satisfying or complying with the requirements of the Engineer-in-Charge as to any matter as to which under these conditions he is entitled to be satisfied, or which he is entitled to require together with the carriage thereof to and from the Work. The Contractor shall also supply without any extra cost/charges the requisite number of persons with means and materials, necessary for the purpose of setting out the works, and counting, weighing, assisting in

14 11 the measurements or examination/inspection at any time and from time to time of the work or the materials by the E-in-C or his representative, failing which, the same may be provided by the Engineer-in-Charge at the cost/expenses of contractor and the expenses so incurred by the E-in-C may be deducted from any amount due to the contractor under the contract and/or from his Retention money/performance Guarantee or proceeds of sale thereof or of a sufficient portion thereof. 3.7 Quantities The quantities for items of works to be carried out shall be specified in each Job Order and these should not vary beyond 50%.The deviations beyond 50% in quantities of items of work of individual job-orders shall be carried out only after prior written approval of the E-in-C 3.8 Sub-Contractors If the tenderer intends to execute any part of the work through subcontractor(s), he shall indicate this clearly along with tender bid and mention the name and address of the sub-contractor to be employed. He shall also submit complete biodata of such sub-contractor(s). Subcontractor(s) shall be approved by the Engineer-in-Charge. The approval of any of such sub-contractor shall not have any effect on responsibility of the Contractor for due and proper performance of the total Contract and the Contractor shall remain squarely and fully responsible for the due performance of the Contract in all respects. 3.9 List of Employees The Tenderer shall submit the list of the employees related to proprietor/partners/directors of the tenderer. The tenderer shall not be permitted to tender for the works under s unit responsible for award and execution of the contract for such work in which his near relative is posted as JAO/AAO/AO or an officer in any capacity between the grades of Superintending Engineer/ DGM (Elect) and Junior Engineer (Elect) both inclusive. He shall also intimate the names of the persons, who are working with him in any capacity or are subsequently employed by him, and who are near relatives to any officials in. Any breach of this condition by the Contractor would render him liable to be refused tenders in future. 4.0 EMPOLYEES NOT BOUND PERSONALLY No official of shall in any way be bound or liable personally for acts or obligations of under the contract or be answerable for any default or omission in the observance or performance of any of the acts, matters or things which are contained in the Tender Document. 5.0 FORFEITURE OF EARNEST MONEY 5.1 The Earnest Money of the tenderer may be forfeited. a) If the tenderer withdraws his tender or modifies his offer in a manner unacceptable to the during the period of validity of tender, or,

15 12 b) In case of successful tenderer, if the tenderer fails to either sign the Contract, or furnish the Performance Guarantee within stipulated period, or commence the work, in accordance with the terms of the Contract. 6.0 VALIDITY OF TENDER The tender for the work shall remain valid for a period of 90 days from the date of opening of tenders. 7.0 TIME SCHEDULE AND DELAY 7.1 The contract will commence from the 10th day after issue of letter of acceptance of the tender and will be operative for one year. However is at liberty to close it earlier also and agency shall have no claim whatsoever against fore closure of contract. It may be extended further by mutual consent. 7.2 The jobs to be carried out under this contract will be ordered individually by the Engineer-in-Charge and each of such job orders will be accompanied by a schedule of items and quantities of job order and time for commencement and completion of the job order. The contractor shall scrupulously adhere to these dates/ programmes by deploying adequate personnel, equipment and construction tools & tackles and shall also arrange himself all the materials in good time to achieve the prescribed target/ programme. In all the matters concerning the extent of target/time schedule set out for each job order, the decision of the Engineer-in-Charge shall be final and binding on the Contractor. 7.3 In case the contractor fails to commence the job/work on the date of commencement as specified in the job order, the E-in-C shall, in addition to actions under clause 16 and/or its sub clauses, have powers to get the job/work executed at the risk and cost of the contractor without any further notice or reference to the contractor; in which case any expenses which may be incurred in excess of the sum which would have been paid to the contractor if the job/work would have been executed by him, shall be borne and paid by the contractor or may be deducted/recovered from additional security deposit or any amount due to him from or from any other Govt. Department/agency/public body. The decision of the E-in-C for such excess amount shall be final and binding upon the contractor. 7.4 If the work set out in each of job orders is delayed for reason beyond the contractor s control, then upon happening of any such event causing delay, the Contractor within seven days of happening of such event, shall request for the extension of time indicating the period for which extension is desired, in writing on the prescribed proforma to the Engineer-in-Charge but shall nevertheless use constantly his best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the Engineer-in-Charge to proceed with the works. In such case E-in-C or the concerned DGM (E) as the case may be, at his absolute discretion may give a fair and reasonable extension of time for completion of the job order.

16 SUBMISSION OF TENDER 8.1 Tenderer shall submit the tender based strictly on the terms and conditions of the tender documents and shall not stipulate any deviations. The completed tender shall be submitted in a Wax sealed Envelope as prescribed under Instructions to tenderer. Unsealed tenders shall summarily rejected. 8.2 The tender documents to be submitted shall consist of: a) A complete set of the tender documents as issued by the E-in-C alongwith addenda/corrigenda to the tender documents so sold or issued, duly filled in by the tenderer as prescribed in different clauses of the tender documents, signed and date affixed duly placed in an envelope. b) Bank Draft for additional Security Deposit, if any, placed in a separate envelope. c) Documents as detailed below: i) Concurrent commitments of the tenderer ii) Details of equipments, tools & tackles proposed for use including the details of those owned or to be purchased/ hired by the tenderer for the work. iii) Site organization proposed to be set up by the tenderer for the Work. iv) List of additional documents as applicable. 8.3 Signature in Tender Document by Tenderer The tenderer shall submit the tender only in the prescribed format issued to him for the prupose, duly completed and signed. All signatures in tender documents shall be dated, as well as the pages of all sections of tender documents shall be initialed at the bottom or signed wherever required in the tender papers by the tenderer before submission of tender The tender shall contain the name, place of residence and business of person or persons submitting the tender and shall be signed by the tenderer with his usual signature. Partnership firms shall furnish full names of all partners in the tender. It should be signed in the partnership s name by all the partners or by duly authorised representative followed by the name and designation of the person signing. A copy of constitution of the firm with names of all the partners shall also be furnished. Tender by a Public Sector Undertaking shall be signed by an authorised representative and a power of attorney on that behalf shall accompany the tender The signature should be attested by two witnesses. The witnesses shall be persons of status. Their name, occupation and address shall be stated below their signatures. The tender for the Work shall not be witnessed by the contractor, or contractors who himself / themselves has/have tendered for the same work. In the event of failure to observe this condition, tenders of the contractors tendering as well as witnessing are liable to summary rejection.

17 Rates in Tender Document The tenderer shall quote rates both in figures and words for each item of schedule of quantities of work put to tender. Total tendered amount for the Work shall also be worked out by the tenderer himself and entered in the tender and duly signed by the tenderer. When a tenderer signs the tender in an Indian Language, the total amount tendered in the tender documents should also be written in same language. The amounts/rebates (if any) etc. shall be quoted and written at the last page of Schedule of Quantities in Part ll of the tender documents. The percentages/amounts quoted by the contractor shall remain fixed during the currency of the contract including extended period if any. The contractor shall be required to carry out any, many or all items of the Pricing Schedule at any time within the contract period (including extended period if any) upto any extent/ quantity as per time frame stipulated in the job orders issued to him by the E-in-Charge. No claim of any sort whatsoever shall be admissible for the item(s) of the pricing schedule of the contract remaining unexecuted or those executed in smaller or larger quantities In case discrepancies are found between the percentages quoted in words and figures or the amount shown in any item, the following procedure shall be followed. : a) When there is difference between the rates/percentages in figures and words, the rate/percentage which corresponds to the amount worked out by the tenderer shall be taken as correct. b) When the rates/percentages quoted by the tenderer in figures and words tally but the amount is incorrect, the rate/percentage quoted by the tenderer shall be taken as correct. c) When it is not possible to ascertain the correct rates/ percentages by either of the above methods, the rate/percentage quoted in words by the tenderer shall be taken as correct The percentages shall be quoted/ written in words correctly, for example as Percentage Zero point One Five above or below (as the case may be) only. In case neither above nor below is mentioned/quoted specifically or both above and below are mentioned/quoted by the contractor in his tender then the Percentage quoted by the tenderer shall be considered as above only. 8.5 Corrections and erasures: No corrections/modifications in the prescribed tender form/document are permissible. All corrections/ additions/ alterations in the quoted percentages/ amounts/ rebates etc. shall be signed in full by the tenderer with date. No erasures and/ or overwriting are permissible. If it is found that the tender is not submitted in proper manner or contains too many corrections or absurd percentage or amounts, it would be open to to

18 15 reject the tender and/or to take any other action against the contractor as deemed fit. 8.6 ADDITIONAL SECURITY DEPOSIT Over and above the earnest money, the tenderers quoting the percentage beyond 10 % below on the attached schedule of rates shall have to pay an additional deposit in the form of Demand Draft along with the tender for the sum arrived at, according to formula given below. The Demand Draft shall be drawn in favour of Accounts Officer (Cash) Bldg. Works,, Mumbai of Scheduled Bank Formula for calculation of Additional Security Deposit. Additional Security Deposit = X x Estimated Cost 100 Where X is the percentage quoted on Schedule of Rate attached with tender form by the tenderer minus 10 % The Demand Draft for additional security deposit should be submitted in a separate cover along with tender. If the Demand Draft for additional security deposit is not submitted the tender will be treated as non responsive The additional security deposit will remain with the and shall be returned only after the successful completion of the contract value or the completion of stipulated period of contract whichever is earlier In case of award of work to other eligible lowest tenderer, at the rate of original lowest tenderer percentage, additional security deposit, if any shall be deposited within one week from award of work. 9.0 RIGHT OF TO ACCEPT OR REJECT TENDER 9.1 The right to accept or reject the tender will rest with the. The further does not bind itself to accept the lowest tender and reserves its right to reject all or any of the tenders received without assigning any reason whatsoever. 9.2 Canvassing in connection with tenders is strictly prohibited. The tenders of the tenderers who resort to canvassing are liable to rejection CONTRACT 10.1 Signing of the Contract The successful tenderer shall be required to execute an agreement with the Engineer-in-charge in the Proforma annexed to tender document, within 10 days of issue of letter of acceptance by the. In the event of failure on the part of the successful tenderer to submit the Performance Guarantee & Sign the Agreement, as stated above, the Earnest Money will be forfeited and the tender cancelled Certified Copy of Contract Document The Contractor will be supplied, free of charge one certified true copy of the Contract Document; except CPWD specification 1996 (Volume l to VI) and such other printed or published documents. Only one set of drawings/sketches, schedule of items of work or job order shall be issued

19 16 during the progress of the Work along with job orders wherever required. The contractor shall keep all these documents including the published documents at Site and same shall be made available for use of Engineerin-Charge or his representative at any time during the Contract Period The Contractor shall maintain secrecy of these documents and none of these documents shall be used for any purpose other than that of this Contract CONTRACT DOCUMENTS - GENERAL 11.1 Complete documents forming the Contract are to be taken as mutually explanatory. Should there be any discrepancy, inconsistency, error or omission amongst any of them, the matter may be referred to Engineer-in- Charge who shall give the decision, which shall be final and conclusive and the Contractor shall carry out work accordingly The special conditions of the contract, if any, shall be read with the General Conditions of Contract, and other tender documents. Where any portion of the General Conditions of the Contract is repugnant to or at variances with any provisions of the Special Conditions of Contract, unless a different intention appears, the provisions of the Special Conditions of Contract shall be deemed to over-ride the provisions of the General Conditions of Contract and to that extent of such repugnancy or variations prevail In case of conflict/ discrepancy amongst the provision of the Specifications, following order of precedence shall be observed: i) Nomenclature of items of Schedule of Quantities. ii) iii) Provisions in detailed drawings/sketches duly approved by the E-in-C. Provisions of special conditions / additional specifications. iv) Provisions of CPWD specifications for Electrical Works (Internal) and specifications for Electrical Works (External) v) Provisions of BIS codes. vi) Directions of the Engineer-in-Charge If the specifications for any item of work are not covered in any of the documents mentioned as above, the Contractor will seek clarifications from the Engineer-in-Charge whose decision shall be final and binding In case there is any discrepancy in frequency of testing as given in list of mandatory tests and that in individual sub-heads of work as per CPWD Specifications and BIS Codes, the higher of the frequencies of testing shall be followed, and nothing extra shall be payable to the Contractor on this account Any non-destructive tests required to satisfy the Engineer-in-Charge shall be got done by the Contractor who shall be paid suitably in this regard by the Engineer-in-Charge. The decision of Engineer-in-Charge in this case shall be final and binding upon contractor.

20 12.0 PERFORMANCE GUARANTEE AND SECURITY DEPOSIT 12.1 Performance Guarantee The successful tenderer will be required to furnish Bank Guarantee on the prescribed proforma from a Scheduled Bank by way of Performance Guarantee for due fulfillment of the Contract and shall submit within 15 days after award of work for a sum equal to 5 % (Five percent) of the contract value. However Engineer-in-charge shall have power to extend the period of submission by another 15 days for valid & genuine reasons, failing which contract will be terminated and EMD and ASD will be forfeited. The Performance Guarantee shall remain valid upto completion of the work and the same shall be released only after satisfactory completion of the work Forfeiture of Performance Guarantee. In case the Contractor fails to complete the work,, without prejudice to other rights and remedies available under the contract, shall forfeit and encash the Performance Guarantee Amount in full and credit it to absolutely In case the bank goes in liquidation or for any reason is unable to make payment against the said Bank Guarantee, the loss caused thereby shall be borne by the Contractor. The Contractor forthwith, on demand from, shall make good the deficit Security Deposit The Contractor shall permit at the time of making any payment to him for work done and measured under the Contract to deduct such sum at the rate of 10% of the gross value of the work done in each running bill,towards Security Deposit, till it reaches 5% of contract value. Earnest money, If any, already deposited by the Contractor shall be adjusted towards Security Deposit. The whole amount shall be retained upto a period of 12 months from the date of completion of contract i. e. till the Expiry of Defect Liability Period or finalisation of the bill, whichever is later All compensation or the other sums of money payable by the Contractor under the terms of this Contract may be deducted from his Security Deposit or additional security deposit from any sums which may be due to or may become due to the Contractor by on any account whatsoever and in the event of his Security Deposit amount being reduced by reason of any such deduction, the Contractor shall within 10 days make good such deficit in cash or through Demand Draft drawn on any scheduled bank in favour of Accounts Officer (cash) Bldg. Works,, Mumbai If the Contractor damages, breaks, or destroys or deface the property belonging to the or others during the execution of the Contract, the same shall be made good by the Contractor at his own expense and in default thereof, the Engineer-in-Charge may cause the same to be made good through other agencies and recover expenses from the Contractor for which the certificate of the Engineer-in-Charge shall be final and binding.

21 DEVIATIONS / VARIATIONS: - EXTENT & PRICING 13.1 The Engineer-in-Charge shall have powers i) to make alteration in, omissions from, additions to, or substitutions from the original specifications, drawings, design & instructions that may appear to him, to be necessary during the progress of the work, and ii) to omit a part of the work in case of non availability of portion of the Site or for any other reasons, and, the contractor shall be bound to carry out the work in accordance with any instructions given to him in writing signed by the Engineer-in-Charge and such alterations, omissions, additions or substitution shall form part of the Contract as if originally provided therein and any altered, additional or substituted work which the Contractor may be directed to do as part of the Work, shall be carried out by the Contractor on the same conditions in all respects including price on which he agreed to do the main work except as hereafter provided. The Contractor shall not carry out such works without written instructions from the Engineer-in-Charge The time for completion of the work shall, in event of any deviations resulting in additional cost over the Contract Value being ordered, be extended, if requested by the Contractor in the prescribed proforma. a) in the proportion which the additional cost of the altered, additional or substituted work, bears to the value of job order plus, b) 50 % of the time calculated in (a) above or such further additional time as may be considered reasonable by the DGM(Elect) / CE (BW) and the certificate of Engineer-in-Charge for further extension of period allowed shall be conclusive and binding on the Contractor The rates for such additional, altered or substituted work shall be determined by the Engineer-in-Charge in accordance with the following provisions in their respective order. i) If the rate for additional, altered or substituted item of work is specified in the Schedule of Quantities, the Contractor shall carry out the additional, altered or substituted item at the same rate. ii) If the rate for any altered, additional or substituted item of work cannot be determined in the manner specified in sub-paras (i) above or the quantities have deviated beyond the deviation limit prescribed at (iii) below, the Contractor shall, within 15 days of the date of receipt of the order to carry out the said item, inform the Engineer-in-Charge of the rate which he proposes to claim for such item of work, supported by proper detailed analysis of the rate claimed notwithstanding the fact that the rates for such items exist in the tender for the main work or can be derived in accordance with the provisions of sub clauses above. The Engineer-in- Charge shall, after giving due consideration to the rates on the basis of prevailing market rates, determine the rate, in the event of the Contractor failing to inform the Engineer-in-Charge within the stipulated period of time, the rate which he proposes to claim, the rate of such item shall be

22 19 determined by the Engineer-in-Charge on the basis of market rate(s). The decision of the Engineer-in-Charge as to the prevailing market rates and quantum of materials, labour etc. involved per unit of measurement shall be final and binding on the Contractor. The Engineer-in-Charge shall, however, be at liberty to cancel his order to carry out such items or increased quantities of work by giving notice in writing to the Contractor and arrange to carry out in such manner as he considers fit. But under no circumstances the Contractor shall suspend the work on the plea of non-settlement of rate(s) of item(s) failing under this clause. iii) The quantum of items of works set out in the tendered documents and those derived as detailed at (i) & (ii) above shall be allowed to deviate as under a) For items of work relating to foundations and plinth including basement: No limit b) For all other items of work in excess of original quantities: 50 % of the original quantum of any item SUSPENSION OF WORK 14.1 The Contractor shall, on receipt of the order in writing of Engineer-in- Charge, suspend the Work or any part thereof for such manner as the Engineer-in-Charge may consider necessary for any of the following reasons. i) On account of any default on the part of the Contractor; or/ and ii) For improper execution of the Work or part thereof for reasons other than the default of the Contractor; or/and iii) For safety of the works or part thereof, the Contractor shall, during such suspension, properly protect and secure the Work to the extent necessary and carry out the instructions given in that behalf by the Engineer-in-Charge, or/and iv) On account of any order/instructions of the E-in-C or passed by the Govt. of India or Court, having direct bearing on the execution of Work If the suspension is ordered for reasons (ii) to (iv) in the sub clause 14.1 above, the Contractor shall only be entitled to an extension of the time equal to the period of every such suspension plus 25 % thereof. The Contractor shall not be eligible to claim any compensation by way of watch and ward, hire charges of Tools & Plants, Establishment expenses, loss or profit etc COMPENSATION FOR DELAY 15.1 If the Contractor fails to complete each of jobs within the time specified in respective job orders in terms of clause 7.0 and its sub-clauses or to complete the Work and fails to clear the site on or before the stipulated or extended date of completion, he shall, without prejudice to any other right or remedy available to on account of such breach by the contractor, shall be liable to pay compensation of an amount equal to one percent of

23 20 the job order value for every day that the work is not completed and/or remains in complete beyond the stipulated date of completion; or such smaller amount as decided by the concerned DGM (E), whose decision in writing shall be final and binding. This provision shall be applicable to individual Job-orders separately. This compensation shall be in addition to risk and cost amount recovered from additional security deposit or any other money due to contractor and also the Performance Guarantee amount in case same is forfeited by the Provided always that the amount of compensation in respect of each Job shall not exceed ten percent of the respective job order value The amount of compensation so payable shall be deposited by the Contractor. In case of failure to do so it may be adjusted or set-off against any sum payable by to the Contractor including the Security Deposit, additional security deposit and Performance Guarantee amounts under this Contract or against any/all other amount of contractor available with BREACH OF CONTRACT 16.1 If the Contractor: a) having been given by the Engineer-in-Charge notice in writing to rectify, reconstruct or replace any defective work or that the work is being performed in inefficient or otherwise improper or unworkmanlike manner, shall omit to comply with the requirements of such notice for a period of seven days thereafter; or b) has failed to commence the work or has suspended the progress of work or has failed to proceed with the work so that in the judgment of the Engineer-in-Charge (which shall be final and binding) he will be unable to secure completion of the work by the stipulated date of completion and continues to do so after a notice in writing of seven days from the Engineer-in-Charge; or c) commits default in complying with any of the terms and conditions of Contract and does not remedy it or take effective steps to remedy it within 7 days after a notice in writing is given to him by the Engineer- In-Charge; or d) being an individual, or if a firm any partner thereof, shall at any time during the currency of the Contract is adjudged insolvent or having received an order for administration of his estate made against him under Insolvency Act for the time being in force or make any conveyance or assignment of his effect or composition or arrangement for the benefit of his creditors or purport so to do, or if any application be made under any Insolvency Act for the time being in force for the sequestration of his estate or if a trust deed being executed by him for benefit of his creditors; or e) being a company, passes a resolution or the Court makes an order for the liquidation of its affairs, or a receiver or manager on behalf of