GOVERNMENT OF NCT OF DELHI IRRIGATION & FLOOD CONTROL DEPARTMENT PWD-8 STATE: DELHI BRANCH: I&FC ZONE: II N.O.W:-. CIRCLE: FLOOD CIRCLE III DIVISION: CIVIL DIVISION:-II SUB DIVISION:-II ITEM RATE TENDER & CONTRACT FOR WORKS My Delhi I Care. S.W. Providing and fixing signage in Bagichi Allaudin Motia Khan (i) To be submitted online by 15.00 hours on 31/05/2013 to Executive Engineer, Civil Division - II through e-procurement portal. (ii) Technical bids to be opened online at 15.15 Hours 31/05/2013and financial bids to be opened online at 15.30 Hours on 31/05/2013 in the office of the Executive Engineer, Civil Division - II, through e-procurement portal. Executive Engineer, CD-II TENDER I/We have read and examined the notice inviting tender, schedule, A, B, C, D, E & F. Specifications applicable, Drawings & Designs, General Rules and Directions, Conditions of Contract, clauses of contract, Special conditions, Schedule of Rate & other documents and Rules referred to in the conditions of contract and all other contents in the tender document for the work. I/We hereby tender for the execution of the work specified for the President of India within the time specified in Schedule 'F' viz.; schedule of quantities and in accordance in all respects with the specifications, designs, drawings and instructions in writing referred to in Rule - 1 of General Rules and Directions and in Clause 11 of the Conditions of contract and with such materials as are provided for, by, and in respect in accordance with, such conditions so far as applicable. We agree to keep the tender open for Ninety (90) days from the due date of submission thereof and not to make any modification in its Terms & Conditions. A sum of Rs. 1,848/- is hereby forwarded in cash (upto Rs 10,000.00)/receipt treasury challan/deposit at call receipt of a scheduled bank/fixed deposit receipt of a scheduled bank/demand draft of a scheduled bank/bank Guarantee issued by a Scheduled bank as earnest money. If I/we, fail to furnish the prescribed performance guarantee within prescribed period, I/we agree that the said President of India or his successors in office shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest
money absolutely. Further, if I/we fail to commence work as specified, I/we agree that President of India or his successors in office shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the said earnest money and the performance guarantee absolutely, otherwise the said earnest money shall be retained by him towards security deposit to execute all the works referred to in the tender documents upon the terms and conditions contained or referred to therein and to carry out such deviations as may be ordered, upto maximum of the percentage mentioned in Schedule F and those in excess of that limit at the rates to be determined in accordance with the provisions contained in Clause 12.2 and 12.3 of the tender form. l/we hereby declare that l/we shall treat the tender documents drawings and other records connected with the work as secret/confidential documents and shall not communicate information/derived there from to any person other than a person to whom I/we am/are authorized to communicate the same or use the information in any manner prejudicial to the safety of the State. Dated...* Signature of Contractor * Postal Address* Witness:* Address: * Occupation:* To be submitted by the contractor online ACCEPTANCE The above tender (as modified by you as provided in the letters mentioned hereunder) is accepted by me for and on behalf of the President of India for a sum of Rs ** (Rs **). The letters referred to below shall form part of this contract Agreement: - a) ** b)** c)** For & on behalf of the President of India. Signature...**
Dated...** Designation..... Executive Engineer, Civil Division No. II. I&FC Deptt., Govt. of Delhi, Sector 15, Rohini, Delhi 110085. ** To be filled in by the Executive Engineer
SCHEDULES SCHEDULE 'A' Schedule of quantities (as per PWD-3) --------Attached-------- SCHEDULE 'B' Schedule of materials to be issued to the contractor. NIL S. No. Description of Item Quantity Rates in figures & words at which the material will be charged to the contractor NIL Place Issue of SCHEDULE "C" Tools and plants to be hired to the contractor S.No. Description of issue Hire charges per day Place 1 2 3 4 --NIL-- SCHEDULE 'D' Extra schedule for specific requirements/documents for the work, if any. -------------------------NA-------------------------- SCHEDULE 'E' Reference to General Conditions of contract. N.O.W:-. My Delhi I Care. S.W. Providing and fixing signage in Bagichi Allaudin Motia Khan Estimated cost of work: Rs. 92,379/- i) Earnest money: Rs. 1,848/- ii) Performance Guarantee 5% of tendered value iii) Security Deposit 5% of tendered value SCHEDULE 'F' GENERAL RULES & DIRECTIONS : Officer Inviting tender Executive Engineer Civil Division-II
Maximum percentage for quantity of items of work to be executed beyond which rates are to be determined in accordance with Clauses 12.2 & 12.3, see below Definitions: 2 (v) Engineer-in-Charge Executive Engineer, CD-II, Govt. of NCT of Delhi 2 (viii) Accepting Authority Executive Engineer, CD-II, Govt. of NCT of Delhi 2 (x) Percentage on cost of materials 15% and Labour to cover all overheads and profits, 2 (xi) Standard Schedule of Rates for DSR, 2012 earth work only 2 (xii) Department I&FC, Govt. of NCT of Delhi 9 (ii) Standard CPWD contract Form PWD Form 8 as modified & Clause 1 i) Time allowed for submission of Performance Guarantee from the date of issue of letter of acceptance, in days ii) Maximum allowable extension beyond the period provided in i) above, in days 07 days 07 days Clause 2 Authority for fixing compensation under clause 2. SE, FC-III, Govt. of NCT of Delhi Clause 2A Whether Clause 2A shall be applicable No Clause 5 Number of days from the date of issue of Letter of acceptance for reckoning date of start 14 days Milestone S. Description No Milestone. (Physical) of Time allowed in days (from date of start) Amount to be withheld in case of non-achievement of milestone.
1. 1/8(of the whole work) ¼ (of the whole work) 2. 3/8(of the whole ½th (of the whole work) work) 3. ¾th (of the whole ¾th (of the whole work) work) 4. Full Full Time allowed for execution of work. ONE MONTH As per slip attached Authority to decide: (i) Extension of time SE, FC-III, Govt. of NCT of Delhi (ii) Rescheduling of milestones SE, FC-III, Govt. of NCT of Delhi Clause 6, 6A Clause applicable (6) Clause 6 Clause 7 Gross work to be done together with net payment/adjustment of advances for material collected, if any, since the last such payment work awarded for being eligible to interim payment. Nil Clause 10A List of testing equipments to be provided by the contractor at site lab As per Requirement at site Clause 10 B(ii) Whether Clause 10B(ii) shall be applicable No Clause 10C Component of labour expressed as percent of value of work % Clause 10CA Materials covered under this clause Nearest material (Other than cement, reinforcement bars and structural steel) for which All India Wholesale Price Index is to be followed. Nil Clause 10CC Clause 10CC to be applicable in contracts with stipulated Base Price of all the materials covered under clause 10CA 18 months
period of completion exceeding the period shown in next column. Schedule of component of other Materials, Labour, POL etc. for price escalation Component of Civil (except materials covered under clause X.....% 10CA)/Electrical Construction material expressed as percent of total value of work. Component of labour expressed as percent of total value of Y...% work. Component of P.O.L. expressed as per cent of total value of 'Z'...% work. Clause 11 Specifications to be followed for execution of work CPWD Specifications 2009 Vol. I &II Clause 12 12.2 & 12.3 Deviation limit beyond which clauses 12.2 & 12.3 shall apply for building works 12.5 Deviation limit beyond which clauses 12.2 & 12.3 shall apply for foundation works 50% 100% Clause 16 Competent Authority for Deciding reduced rates SE, FC-III Clause 18 List of mandatory machinery, tools & plants to be deployed by the contractor at site As per requirement at site Clause 36(i) Sl. No. Minimum Qualification of Technical Representative. Discipline Designation (Principal Technical /Technical representative) Minimum Experience Number Rate at which recovery shall be made from the contractor in the event of not fulfilling provision of clause 36(i) Figures Words 1 DOUBLE RATE RECOVERY
Assistant Engineers retired from Government services that are holding diploma will be treated at par with Graduate Engineers. Clause 42 i) a) ii) Schedule/statement for determining theoretical quantity of cement & bitumen on the basis of Delhi Schedule of Rates, 2012 printed by C.P.W.D. Variations permissible on theoretical quantities. a) Cement for works with estimated cost put to tender not more than Rs. 5 Lakhs. For works with estimated cost put to tender more than Rs. 5 lakhs. 3% plus/minus 2% plus/minus b) Bitumen all works. 2.5% plus only & nil on minus side. c) Steel Reinforcement and structural steel sections for each diameter, section and category 2% plus/minus d) All other materials Nil RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION S.No. Description of Item No. 1. Cement 2. Steel reinforcement 3. Structural sections 4. Bitumen issued free 5. Bitumen issued at stipulated fixed price Rates in figures and words at which recovery shall be made from the Contractor Rates in schedule B plus 10% in case material issued by the department. Excess beyond permissible variation Nil Less use beyond the permissible variation
P.W.D.- 6 GOVERNMENT OF DELHI IRRIGATION & FLOOD CONTROL DEPARTMENT NOTICE INVITING TENDER Item rate tenders are invited on behalf of the President of India from approved and eligible contractors of I & FC and CPWD, State PWD, MES & P&T (whose registration details have been verified by the I&FC Deptt.) for the work. Tender for the work: N.O.W:-. My Delhi I Care. S.W. HOA: Providing and fixing signage in Bagichi Allaudin Motia Khan MH 8443 (PART-III) Deposit Work The enlistment of the contractors should be valid on the last date of submission of tenders. In case only the last date of submission of tender is extended, the enlistment of contractor should be valid on the original date of submission of tender. In case both the last date of download of tender and submission of tender are extended, the enlistment of contractor should be valid on either of the two dates i.e. original date of submission of tender or on the extended date of submission of tender. 1.1 The work is estimated to cost Rs. 92,379/- This estimate, however, is given merely as a rough guide. 1.1.1 The authority competent to approve NIT for the combined cost and belonging to the major discipline will consolidate NITs for calling the tenders. He will also nominate Division which will deal with all matters relating to the invitation of tenders. For composite tender, besides indicating the combined estimated cost put to tender should clearly indicate the estimated cost of each component separately. The eligibility of tenderer will correspond to the combined estimated cost of different components put to tenders. 1.2.1 The tenderer shall quote his rates in the schedule of quantities attached to the tender documents available on e-procurement portal http://delhi.govtprocurement.com. The eligible I & FCD as well as non I & FCD Contractors of appropriate class can quote their rates through e-procurement platform only, provided they produce definite proof from the appropriate authority which shall
be to the satisfaction of the competent authority of having satisfactorily completed similar works of magnitude specified below: - 1.2.2 Criteria of eligibility for acceptance of e-tender at technical bid stage: Conditions for Non-I&FCD contractors only, if tenders are also open to non- I&FCD contractors : (For works estimated to cost up to Rs. 15.00 crores): Three similar works each of value not less than 40% of estimated cost or two similar works each of value not less than 50% of estimated cost or one work of value not less than 80% of estimated cost (rounded to nearest Rs. 10 lacs) in last 7 years ending last day of the month previous to the one in which the tenders are invited. Note : For works costing above Rs. 3 crores but up to Rs. 15 crores, when tenders are open to non-i&fcd contractors also, then class II contractors of I&FCD shall also be eligible if they satisfy the eligibility criteria specified in 1.2.2 above. 1.2.3 Criteria of eligibility for I&FCD as well as Non-I&FCD contractors (For works estimated to cost above Rs. 15 crores) : Three similar works each of value not less than 40% of estimated cost or two similar works each of value not less than 60% of estimated cost or one work of value not less than 80% of estimated cost (rounded to nearest Rs. 10 lacs) in last 7 years ending last day of the month previous to the one in which the tenders are invited. The value of executed works shall be brought to current costing level by enhancing the actual value of work at simple rate of 7% per annum, calculated from the date of completion to the last date of receipt of technical bids. For the purpose of this clause similar work means the work of allied nature. 2. The participating contractors should upload copies of the following documents through e-procurement portal: i. Registration Certificate under Delhi Value Added Tax 2004. ii. Copy of PAN Card. iii. iv. In case of Non-I&FC contractors, proof of having verified their registration details from their respective registering authorities by the I&FC Deptt. Registration of enlistment in the appropriate class. v. EMD which will be verified at the time of opening of tenders with EMD received physically. 3. Agreement shall be drawn with the successful tenderer on prescribed Form No. CPWD-8 which is available as a Govt. of India Publication. Tenderer shall quote his
rates as per various terms and conditions of the said form which will form part of the agreement. 4. The time allowed for carrying out the work will be ONE Month from the 14 th day after the date of written orders to commence the work or from the 1 st day of handing over the site, whichever is later, in accordance with the phasing, if any, indicated in the tender documents. 5. The site for the work is available. 6. Tenders can be downloaded from the web site http://delhi.govtprocurement.com upto 14.30 Hrs. on 31/05/2013. Online tenders can be submitted through http://delhi.govtprocurement.com upto 15.00 Hrs. on 31/05/2013. Tender documents consisting of plans, specifications, the schedule of quantities of the various classes of work to be done and the set of terms & conditions of contract to be complied with by the contractor whose tender may be accepted and other necessary documents can be seen at e-procurement website http:/delhi.govtprocurement.com. i) Earnest money of Rs. 1,848/- in cash (upto Rs. 10,000/-)/Receipt Treasury Challan/ deposit at call receipt of a scheduled bank/fixed deposit receipt of a scheduled bank/demand draft of a scheduled bank in favour of the Executive Engineer, Civil Division-II, I&FC Department should be submitted physically/manually in the office of EE, CD-II, Sector 15, Rohini, Delhi - 110089 before the last date and time for submission of technical bids as mentioned above. When amount of earnest money is more than Rs. 5.00 Lacs, part of earnest money is acceptable in the form of bank guarantee also. In such case, minimum 50% of earnest money (but not less than Rs. 5.00 Lacs) or Rs. 20.00 Lacs, whichever is less, will have to be deposited in the shape prescribed above. For balance amount of earnest money, bank guarantee will also be acceptable, having validity for 06 months or more from the last date of receipt of tenders. 7. The technical bids and price bids will be opened by the Executive Engineer, Civil Division No. II, I&FC Deptt., Govt. of Delhi online on e-procurement portal http:/delhi.govtprocurement.com at 15.15 Hrs. and 15.30 Hrs. respectively on 31/05/2013. 8. The contractor whose tender is accepted shall be required to deposit an amount equal to 5% of the tendered value of the work as performance guarantee in the form of an irrecoverable bank guarantee bond of any scheduled bank or State bank of India in accordance with the form prescribed or in cash or in the form of Govt. security, fixed deposit receipt etc., as in the case of recovery of security despot within prescribed number of days of the issue of letter of acceptance. This period can be further
extended by the Engineer-in-charge up to a maximum period of prescribed number of days on written request of the contractor. 9. The description of the work is as follows : As per Schedule attached. Copies of other drawings and documents pertaining to the works will be open for inspection by the tenderers at the office of the above mentioned officer. Tenderers are advised to inspect and examine the site and its surroundings and satisfy themselves before submitting their tenders as to the nature of the ground and sub-soil (so far as is practicable), the form and nature of the site, the means of access to the site, the accommodation they may require and in general shall themselves obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their tender. A tenderer shall be deemed to have full knowledge of the site whether he inspects it or not and no extra charges consequent on any misunderstanding or otherwise shall be allowed. The tenderer shall be responsible for arranging and maintaining at his own cost all materials, tools & plants, water, electricity access, facilities for workers and all other services required for executing the work unless otherwise specifically provided for in the contract documents. Submission of a tender by a tenderer implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and of conditions and rates at which stores, tools and plant, etc. will be issued to him by the Government and local conditions and other factor having a bearing on the execution of the work. 10. The competent authority on behalf of President of India does not bind himself to accept the lowest or any other tender and reserves to himself the authority to reject any or all of the tenders received without the assignment of a reason. The competent authority also reserves its right to allow to the Central Government Public Sector Enterprises / Joint Ventures with PSEs with a minimum value added content of over 20% by the latter, a purchase preference with reference to the lowest valid price bid where the quoted price is within 10% of such lowest price, other things being equal, in case of tenders / quotations whose date of receipt is upto 31/05/2013, subject to the estimated cost being in excess of Rs. 5 crores. All tenders, in which any of the prescribed conditions are not fulfilled or are incomplete in any respect, are liable to be rejected. The competent authority also reserves its right to allow to the Central Govt. public sector enterprises, joint venture with CPSE holding 51% equity or more, a purchase preference with reference to the lowest valid price bid, where the quoted price is within 10% of such lowest price in a tender, other things being equal, in case of tenders/quotations whose date of receipt is upto 31/05/2013, subject to the estimated cost being of Rs. five crores and above.
The Public Enterprises who avail benefit of the purchase preference should be subjected to adequate penalties for cost overruns etc. 11. Canvassing whether directly or indirectly, in connection with tenders is strictly prohibited and the tenders submitted by the contractors who resort to canvassing will be liable to rejection. 12. The competent authority on behalf of President of India reserves to himself the right of accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at the rate quoted. 13. The contractor shall not be permitted to tender for works in the FC-III Circle, I & FC Deptt., (responsible for award and execution of contracts) in which his near relative is posted as Divisional Accountant or as an officer in any capacity between the grades of Superintending Engineer and Junior Engineer (both inclusive). He shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any gazetted officer in the I & FC Department or in the Govt. of Delhi. Any breach of this condition by the contractor would render him liable to be removed from the approved list of contractors of this Department. 14. No Engineer of gazetted rank or other Gazetted officer employed in Engineering or Administrative duties in an Engineering Department of the Government of Delhi is allowed to work as a contractor for a period of two years after his retirement from Government service, without the previous permission of the Government of Delhi in writing. This contract is liable to be cancelled if either the contractor or any of his employees is found at any time to be such a person who had not obtained the permission of the Government of Delhi as aforesaid before submission of the tender or engagement in the contractor s service. 15. The tender for the works shall remain open for acceptance for a period of ninety days from the date of opening of tenders. If any tenderer withdraws his tender before the said period or issue of letter of acceptance, whichever is earlier, or makes any modifications in the terms and conditions of the tender which are not acceptable to the department, then the government shall, without prejudice to any other right or remedy, be at liberty to forfeit 50% of the said earnest money as aforesaid. 16. This Notice Inviting Tender shall form a part of the contract document. The successful tenderer / contractor, on acceptance of his tender by the Accepting Authority, shall, within 7 days from the stipulated date of start of the work, sign the contract consisting of :- a) The notice inviting tender, all the documents including additional conditions, specifications and drawings, if any, forming the tender as issued at the time of
invitation of tender and acceptance thereof together with any correspondence leading thereto; b) Standard C.P.W.D. form 8. EXECUTIVE ENGINEER, CIVIL DIVISION NO. II. I&FC DEPTT., GOVT. OF DELHI For & on behalf of President of India
II. Amendment to General rules and directions of GCC 2010. Vide DGW/CON/251 dt. 07.04.2010. Difficulties have been experienced by the field units in taking decisions in respect of situations where same rate is quoted by more than one contractor. Similarly, they encounter problem when contractor does not quote percentage above/below in respect of a tender or part of a section/sub-head of a tender having more than one section/sub-head. To cater to such situations, following amendments are made in the General rules and directions of GCC 2010 Existing Provisions Modified Provisions Page 5, GCC 2010 Page 5, GCC 2010 4A. Applicable for Percentage Rate 4A. Applicable for Percentage Rate Tender only (CPWD-7) In case of Percentage Rate Tenders,a Tender only (CPWD-7) In case of Percentage Rate Tenders, tenderer shall fill up the usual printed contractor shall fill up the usual printed form, stating at what percentage form, stating at what percentage below/above (in figures as well as in below/above (in figures as well as in words) the total estimated cost given in words) the total estimated cost given in Schedule of Quantities at Schedule-A, he Schedule of Quantities at Schedule-A, he will be willing to execute the work. will be willing to execute the work. The Tenders, which propose any alteration in tender submitted shall be treated as the work specified in the said form of invalid if :- invitation to tender, or in the time 1. The contractor does not quote allowed for carrying out the work, or percentage above/below on the total which contain any other conditions of any amount of tender or any section/sub sort including conditional rebates, will be head of the tender.
summarily rejected. No single tender 2. The percentage above/below is not shall include more than one work, but quoted in figures & words both on the contractors who wish to tender for two or total amount of tender or any more works shall submit separate tender section/sub head of the tender. for each. Tender shall have the name and 3. The percentage quoted above/below number of the works to which they refer, is different in figures & words on the written on the envelopes. total amount of tender or any section/sub head of the tender:
Tenders, which propose any alteration in the work specified in the said form of invitation to tender, or in the time allowed for carrying out the work, or which contain any other conditions of any sort including conditional rebates, will be summarily rejected. No single tender shall include more than one work, but contractors who wish to tender for two or more works shall submit separate tender for each. Tender shall have the name and number of the works to which they refer, written on the envelopes. New Para 4B is added as below: No Provision 4B: In case the lowest tendered amount (estimated cost + amount worked on the basis of percentage above/ below) of two or more contractors is same, such lowest contractors will be asked to submit sealed revised offer in the form of letter mentioning percentage above/below on estimated cost of tender including all sub sections/sub heads as the case may be, but the
revised percentage quoted above/below on tendered cost or on each sub section/ sub head should not be higher than the percentage quoted at the time of submission of tender. The lowest tender shall be decided on the basis of revised offers. In case any of such contractor refuses to submit revised offer, then it shall be treated as withdrawal of his tender before acceptance and 50% of earnest money shall be forfeited. If the revised tendered amount of two more contractors received in revised offer is again found to be equal, the
lowest tender, among such contractors, shall be decided by draw of lots in the presence of SE of the circle, EE(s) incharge of major & minor component(s) (also DDH in case Horticulture work is also included in the tender), EE(P) or EE(HQ) of the circle & the lowest contractors those have quoted equal amount of their tenders. In case all the lowest contractors those have quoted same tendered amount, refuse to submit revised offers, then tenders are to be recalled after forfeiting 50% of EMD of each contractor. Contractor(s), whose earnest money is forfeited because of non-submission of revised offer, shall not be allowed to participate in the re-tendering process of the work. III. Amendment to Para 10A under General Rules and Directions of GCC 2010. Vide DGW/CON/252 dated 26.04.2010. In view of modifications made under Para 4A and insertion of new Para 4B under General Rules and Directions of GCC 2010 affected vide OM No. CON/251 dated 07.04.2010, Para 10A of General Rules and Directions of GCC 2010 is modified as under:- Para Existing Provisions Modified Provisions
10A In case of Percentage Rate In case of Percentage Rate Tenders (page 6-7) Tenders only percentage quoted only percentage quoted shall be shall be considered. Any tender considered. Any tender containing containing item rates is liable to item rates is liable to be rejected. be rejected. Percentage quoted Percentage quoted by the contractor by the contractor in percentage in percentage rate tender shall be rate tender shall be accurately accurately filled in figures and filled in figures and words, so words, so that there is no that there is no discrepancy. However if the contractor has discrepancy. (Remaining part deleted) worked out the amount of the tender and if any discrepancy is found in the percentage quoted in words and figures, the percentage which corresponds with the amount worked out by the contractor shall, unless otherwise proved, be taken as correct. If the amount of the tender is not worked out by the contractor or it does not correspond with the percentage written either in figures or in words, then the percentage quoted by the
contractor in words shall be taken as correct. Where the percentage quoted by the contractor in figures and in words tally but the amount is not worked out correctly, the percentage quoted by the contractor will, unless otherwise proved, be taken as correct and not the amount. GCC 2010-CORRECTION SLIP No.2 Issue of Performa for Earnest Money (Bank Guarantee). No. DGW/CON/254 dt 06.10.2010. As per Para 6 (i) of form CPWD 6, page -3, 50% of earnest money or Rs. 20 lakh, whichever is less, will have to be deposited in the prescribed shape and balance amount of earnest money can be accepted in the form of Bank guarantee issued by a scheduled bank having validity for 9 Months or more from the last date of receipt of tenders. But there was no standard form of Bank Guarantee for earnest money available and it was felt necessary that a separate Performa for Earnest Money is included in GCC. Therefore, DG is pleased to issue new Performa for Earnest Money (Bank Guarantee) as appended to be added in GCC 2010. Latest GCC 2010 amended including this OM No. 254 is Available on CPWD
website. Superintending Engineer (C&M) FORM OF EARNEST MONEY (BANK GUARANTEE) WHEREAS, contractor... (Name of contractor) (hereinafter called "the contractor") has submitted his tender dated... (date) for the construction of... (name of work) (hereinafter called "the Tender") KNOW ALL PEOPLE by these presents that we... of bank) having our registered office at... called "the Bank") are bound unto... (name (hereinafter (Name and division of Executive Engineer) (hereinafter called "the Engineer-in-Charge") in the sum of Rs.... (Rs. in words...) for which payment well and truly to be made to the said Engineer-in-Charge the Bank binds itself, his successors and assigns by these presents. SEALED with the Common Seal of the said Bank this... day of... 20.... THE CONDITIONS of this obligation are: (1) If after tender opening the Contractor withdraws, his tender during the period of validity of tender (including extended validity of tender) specified in the Form of Tender;
(2) If the contractor having been notified of the acceptance of his tender by the Engineer-in-Charge: (a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to contractor, if required; OR (b) fails or refuses to furnish the Performance Guarantee, in accordance with the provisions of tender document and Instructions to contractor, OR (c) fails or refuses to start the work, in accordance with the provisions of the contract and Instructions to contractor, OR (d) fails or refuses to submit fresh Bank Guarantee of an equal amount of this Bank Guarantee, against Security Deposit after award of contract. We undertake to pay to the Engineer-in-Charge up to the above amount upon receipt of his first written demand, without the Engineer-in-Charge having to substantiates his demand, provided that in his demand the Engineer-in-Charge will note that the amount claimed by his is due to him owing to the occurrence of one or any of the above conditions, specifying the occurred condition or conditions. This Guarantee will remain in force up to and including the date*... after the deadline for submission of tender as such deadline is stated in the Instructions to contractor or as it may be extended by the Engineer-in-Charge, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date. DATE... SIGNATURE OF THE BANK WITNESS... SEAL
(SIGNATURE, NAME AND ADDRESS) *Date to be worked out on the basis of validity period of 9 Months from last date of recei GCC 2010-Correction Slip No.3 INTRODUCTION OF INTEGRITY PACT AND DISPUTE RESOLUTION COMMITTEE UNDER CLAUSE 25 IN GCC 2010. No. DG/CON/255 dt. 23.05.2011 1. Introduction of Integrity Pact: A new provision of Integrity Pact (copy enclosed) has been introduced in the GCC 2010. At the time of submission of tender/bid, it shall be mandatory to sign the Pact by the bidder/contractor failing which the tenderer/bidder will stand disqualified from the tendering process and the bid of the bidder would be summarily rejected. 2. Following provisions of CPWD Works Manual 2010 are modified: Reference Existing Provision Modified Provision CPWD - 7/8 No Provision Following new Para is added: Schedule - Clause 25 - F Constitution of Dispute Redressal
Committee: Chairman - Member - Member - Clause 3 If the contractor shall obtain a If the contractor had secured the (vii) contract with Government as a contract with Government as a result of result of wrong tendering or other non-bonafide methods of wrong tendering or other non-bonafide methods of competitive tendering or competitive tendering. commits breach of Integrity Agreement. Clause 25(i) If the contractor considers any work demanded of him to be outside the requirements of the If the contractor considers any work demanded of him to be outside the requirements of the contract, or contract, or disputes any disputes any drawings, record or drawings, record or decision decision given in writing by the given in writing by the Engineerin-Charge on any matter in connection with or arising out of the contract or carrying out of Engineer-in-Charge on any matter in connection with or arising out of the contract or carrying out of the work, to be unacceptable, he shall promptly the work, to be unacceptable, he within 15 days request the shall promptly within 15 days Superintending Engineer in writing for request the Superintending written instruction or decision. Engineer in writing for written Thereupon, the Superintending instruction or decision. Engineer shall give his written Thereupon, the Superintending instructions or decision within a period Engineer shall give his written of one month from the receipt of the instructions or decision within a contractor s letter. period of one month from the
receipt of the contractor s letter. If the Superintending Engineer If the Superintending Engineer fails to fails to give his instructions or decision in writing within the aforesaid period or if the contractor is dissatisfied with the give his instructions or decision in writing within the aforesaid period or if the contractor is dissatisfied with the instructions or decision of the instructions or decision of the Superintending Engineer, the Superintending Engineer, the contractor may, within 15 days of the contractor may, within 15 days receipt of Superintending Engineer s of the receipt of Superintending decision, appeal to the Chief Engineer Engineer s decision, appeal to who shall afford an opportunity to the the Chief Engineer who shall afford an opportunity to the contractor to be heard, if the latter so desires, and to offer evidence in support of his contractor to be heard, if the latter so desires, and to offer evidence in support of his appeal. The Chief Engineer shall give his decision within 30 days of receipt of contractor s appeal. The Chief Engineer appeal. If the contractor is dissatisfied shall give his decision within 30 days of receipt of contractor s appeal. If the contractor is with the decision of the Chief Engineer, the contractor may within 30 days from the receipt of the Chief dissatisfied with this decision, Engineer decision, appeal before the contractor shall within a the Dispute Redressal Committee period of 30 days from receipt of the decision, give notice to the Chief Engineer for appointment (DRC) along with a list of disputes with amounts claimed in respect of each such dispute and giving of arbitrator on prescribed reference to the rejection of his proforma as per Appendix XV, disputes by the Chief Engineer. The
failing which the said decision Dispute Redressal Committee (DRC) shall be final binding and conclusive and not referable to shall give his decision within a period of 90 days from the receipt of adjudication by the arbitrator. Contractor s appeal. The constitution of Dispute Redressal Committee (DRC) shall be as indicated in Schedule F. If the Dispute Redressal Committee (DRC) fails to give his decision within the aforesaid period or any party is dissatisfied with the decision of Dispute Redressal Committee (DRC), then either party may within a period of 30 days from the receipt of the decision of Dispute Redressal Committee (DRC), give notice to the Chief Engineer for appointment of arbitrator on prescribed proforma as
per Appendix XV, failing which the said decision shall be final binding and conclusive and not referable to adjudication by the arbitrator. It is a term of contract that each party invoking arbitration must exhaust the aforesaid mechanism of settlement of claims/disputes prior to invoking arbitration. To,..,..,.. Sub: NIT No.. for the work... Dear Sir, It is here by declared that CPWD is committed to follow the principle of transparency, equity and competitiveness in public procurement. The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder will sign the integrity Agreement, which is an integral part of tender/bid documents, failing which the tenderer/bidder will stand disqualified from the tendering process and the bid of the bidder would be summarily rejected.
This declaration shall form part and parcel of the Integrity Agreement and signing of the same shall be deemed as acceptance and signing of the Integrity Agreement on behalf of the CPWD. Yours faithfully To, Executive Engineer Executive Engineer,..,.. Sub: Submission of Tender for the work of...... Dear Sir, I/We acknowledge that CPWD is committed to follow the principles thereof as enumerated in the Integrity Agreement enclosed with the tender/bid document. I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the condition that I/We will sign the enclosed integrity Agreement, which is an integral part of tender documents, failing which I/We will stand disqualified from the tendering process. I/We acknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.
I/We confirm acceptance and compliance with the Integrity Agreement in letter and spirit and further agree that execution of the said Integrity Agreement shall be separate and distinct from the main contract, which will come into existence when tender/bid is finally accepted by CPWD. I/We acknowledge and accept the duration of the Integrity Agreement, which shall be in the line with Article 1 of the enclosed Integrity Agreement. I/We acknowledge that in the event of my/our failure to sign and accept the Integrity Agreement, while submitting the tender/bid, CPWD shall have unqualified, absolute and unfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance with terms and conditions of the tender/bid. Yours faithfully (Duly authorized signatory of the Bidder)
To be signed by the bidder and same signatory competent / authorised to sign the relevant contract on behalf of CPWD. INTEGRITY AGREEMENT This Integrity Agreement is made at... on this... day of... 20... BETWEEN President of India represented through Executive Engineer,..., (Name of Division) CPWD,..., (Hereinafter referred as the (Address of Division) Principal/Owner, which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns) AND... (Name and Address of the Individual/firm/Company) through... (Hereinafter referred to as the (Details of duly authorized signatory) Bidder/Contractor and which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns) Preamble
WHEREAS the Principal / Owner has floated the Tender (NIT No...) (hereinafter referred to as Tender/Bid ) and intends to award, under laid down organizational procedure, contract for... (Name of work) hereinafter referred to as the Contract. AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relation with its Bidder(s) and Contractor(s). AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this Integrity Agreement (hereinafter referred to as Integrity Pact or Pact ), the terms and conditions of which shall also be read as integral part and parcel of the Tender/Bid documents and Contract between the parties. NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties hereby agree as follows and this Pact witnesses as under: Article 1: Commitment of the Principal/Owner 1) The Principal/Owner commits itself to take all measures necessary to prevent corruption and to observe the following principles: (a) No employee of the Principal/Owner, personally or through any of his/her family members, will in connection with the Tender, or the execution of the Contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.
(b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity and reason. The Principal/Owner will, in particular, before and during the Tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential / additional information through which the Bidder(s) could obtain an advantage in relation to the Tender process or the Contract execution. (c) The Principal/Owner shall endeavour to exclude from the Tender process any person, whose conduct in the past has been of biased nature. 2) If the Principal/Owner obtains information on the conduct of any of its employees which is a criminal offence under the Indian Penal code (IPC)/Prevention of Corruption Act, 1988 (PC Act) or is in violation of the principles herein mentioned or if there be a substantive suspicion in this regard, the Principal/Owner will inform the Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its internal laid down policies and procedures. Article 2: Commitment of the Bidder(s)/Contractor(s) 1) It is required that each Bidder/Contractor (including their respective officers, employees and agents) adhere to the highest ethical standards, and report to the Government / Department all suspected acts of fraud or corruption or Coercion or Collusion of which it has knowledge or becomes aware, during the tendering process and throughout the negotiation or award of a contract.
2. The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the Tender process and during the Contract execution: a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal/Owner s employees involved in the Tender process or execution of the Contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the Tender process or during the execution of the Contract. b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to cartelize in the bidding process. c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act. Further the Bidder(s)/Contract(s) will not use improperly, (for the purpose of competition or personal gain), or pass on to others, any information or documents provided by the Principal/Owner as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and addresses of agents/representatives in India, if any. Similarly Bidder(s)/Contractor(s) of Indian Nationality shall disclose names and addresses of foreign agents/representatives, if any. Either the Indian agent on behalf of the foreign principal or the foreign principal directly could bid in a tender but not both. Further, in cases where an agent participate in a tender on behalf of one manufacturer, he shall not be allowed to quote on behalf of
another manufacturer along with the first manufacturer in a subsequent/parallel tender for the same item. e) The Bidder(s) / Contractor(s) will, when presenting his bid, disclose (with each tender as per proforma enclosed) any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the Contract. 3) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences. 4) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm indulge in fraudulent practice means a willful misrepresentation or omission of facts or submission of fake/forged documents in order to induce public official to act in reliance thereof, with the purpose of obtaining unjust advantage by or causing damage to justified interest of others and/or to influence the procurement process to the detriment of the Government interests. 5) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm use Coercive Practices (means the act of obtaining something, compelling an action or influencing a decision through intimidation, threat or the use of force directly or indirectly, where potential or actual injury may befall upon a person, his/ her reputation or property to influence their participation in the tendering process). Article 3: Consequences of Breach Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner s absolute right:
1) If the Bidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/Owner after giving 14 days notice to the contractor shall have powers to disqualify the Bidder(s)/Contractor(s) from the Tender process or terminate/determine the Contract, if already executed or exclude the Bidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the by the Principal /Owner. 2. Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Bidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Earnest Money Deposit, Performance Guarantee and Security Deposit of the Bidder/Contractor. 3) Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or Contractor, or of an employee or a representative or an associate of a Bidder or Contractor which constitutes corruption within the meaning of Indian Penal code (IPC)/Prevention of Corruption Act, or if the Principal/Owner has substantive suspicion in this regard, the Principal/Owner will inform the same to law enforcing agencies for further investigation. Article 4: Previous Transgression
1) The Bidder declares that no previous transgressions occurred in the last 5 years with any other Company in any country confirming to the anticorruption approach or with Central Government or State Government or any other Central/State Public Sector Enterprises in India that could justify his exclusion from the Tender process. 2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender process or action can be taken for banning of business dealings/ holiday listing of the Bidder/Contractor as deemed fit by the Principal/ Owner. 3) If the Bidder/Contractor can prove that he has resorted / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal/Owner may, at its own discretion, revoke the exclusion prematurely. Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors 1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity Pact. The Bidder/Contractor shall be responsible for any violation(s) of the principles laid down in this agreement/pact by any of its Subcontractors/sub-vendors. 2)The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders and Contractors. 3) The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact between the Principal/Owner and the bidder, along with the Tender or violate its provisions at any stage of the Tender process, from the Tender process. Article 6- Duration of the Pact This Pact begins when both the parties have legally signed it. It expires for the Contractor/Vendor 19 Months after the completion of work under the contract or