Nit55

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Nit55

  1. 1. Name of Work :- Providing and laying Global Category Synthetic Hockey Surface at SAG Centre, NEHU Campus, Shillong. INDEX Sl. No. Description Page No. 1 Index 1 2 PART - A 2 3 Notice Inviting Tender (CPWD-6) 3-14 4 CPWD-8 15-17 5 Schedules (A to F) 18-23 6 Form of Performance Security 24-25 7 Form of BG for earnest money 26 8 Introduction of Integrity Pact and Dispute Resolution Committee under Clause 27-37 25 in GCC 2010 issued vide O/M No DG/CON/255 dated 23.05.2011 including form of Integrity Agreement 9 PART - B 38 10 General Conditions / Additional Specifications / Model documents of 39-76 CSO,CPWD 11 PART - C 77 12 Schedule of Quantities (for Civil Work) 78-83 Certified that this NIT document consists of Index on Page No 1, PART ‘A’ from Page No. 2 to 37, PART ‘B’ from page no. 38 to 76 PART ‘C’ from page no. 78 to 83.Assistant Engineer (P) Executive Engineer (P)-I Superintending Engineer (P) APPROVED Chief Engineer(NEZ) CPWD Shillong-03 Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 1 EE(P)-I
  2. 2. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 2EE(P)-I
  3. 3. CPWD-6 FOR e-TENDERING1. ITEM RATE TENDERS IN TWO BIDS (Technical & Financial), are invited forand on behalf of the President of India from FIH approved Synthetic Hockey Surfacemanufacturers (and not from their agents or distributors or dealers or suppliers orsubsidiary companies or associate companies) for the work of “Providing and layingGlobal Category Synthetic Hockey Surface at SAG Centre, NEHU Campus,Shillong.” as per details given below:-1.1. Location/Place and scope of the involved:The work comprises of providing and laying Global category Synthetic HockeySurface at SAG Centre, NEHU Campus, Shillong, detailed in the table belowindicating the number of Hockey pitches to be laid, estimated cost of the work andearnest money to be deposited with the tender. The scope of the work includesproviding and laying sprinkler network & system, providing and laying 50mm densebituminous concrete as wearing course and synthetic Hockey surface on existingW.B.M & 50mm thick bituminous macadam. Location State No. of Estimated cost Earnest Money in Hockey in Indian Indian Rupees. pitches Rupees(1) (2) (3) (4) (5) (6) (i) SAG Centre, NEHU Meghalaya 1 2,65,47,609/- 5,30,952/- Campus, Shillong1.2 The work is Estimated to Cost Rs. 2,65,47,609 (Rupees Two Crore Sixty Five LacForty Seven Thousand Six Hundred and Nine only). This estimate, however, is givenmerely as a rough guide.2. Agreement shall be drawn with the successful tenderer on prescribed Form No. CPWD 8 (or other Standard Form as mentioned) 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.3. The time allowed for carrying out the work will be 150 (one hundred Fortydays) from the date of start as defined in schedule ‘F’ or and shall be reckoned fromthe day the sub-base of WBM and 50mm thick bituminous macadam is madeavailable to the contractor, or from 22nd day from the date of issue of letter ofacceptance, whichever is later.4. If the sub base up to WBM is not handed over within three months from the lastdate of submission of performance guarantee as specified in the letter of acceptanceissued by Engineer-in-Charge, the Contractor shall be free to get his contractforeclosed but without any claim for compensation of any kind.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 3EE(P)-I
  4. 4. 5 The tender document consisting of plans, specifications, the schedule of quantities of various types of items to be executed and the set of terms and conditions of the contract to be complied with and other necessary documents including Standard General Conditions of Contract Form can be seen from website www.tenderwizard.com/CPWD or www.cpwd.gov.in free of cost.6. After submission of the bid the contractor can re-submit revised bid any number of times but before last time and date of submission of bid as notified.7. While submitting the revised bid, contractor can revise the rate of one or more item(s) any number of times (he need not re-enter rate of all the items) but before last time and date of submission of bid as notified.8. Earnest Money in the form of Treasury Challan or Demand Draft or Pay order or Banker`s Cheque or Deposit at Call Receipt or Fixed Deposit Receipt (drawn in favour of Executive Engineer, Meghalaya Central Division, CPWD, Shillong) shall be scanned and uploaded to the e-tendering website within the period of bid submission and original should be deposited in office of Executive Engineer. A part of earnest money is acceptable in the form of bank guarantee also. In such case, 50% of earnest money or Rs. 20 lakh, whichever is less, willhave to be deposited in shape prescribed above, and balance in shape of Bank Guarantee of any scheduled bank which is to be scanned and uploaded bythe intending bidders. Interested contractor who wish to participate in the bid has also to make following payments in the form of Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank and to be scanned and uploaded to the e- Tendering website within the period of bid submission:(i) Cost of Bid Document - Rs. 1,500.00 drawn in favour of Executive Engineer, Meghalaya Central Division, CPWD, Shillong(ii) e-Tender Processing Fee - Rs. 5,515.00 (Including service Tax) drawn in favour of "ITI Limited" payable at Delhi. Treasury Challan or Demand Draft or Pay Order or Banker`s Cheque or Deposit at Call Receipt or FDR or Bank Guarantee against EMD, Cost of Tender Document and Cost of Tender Processing Fee shall be placed in single sealed envelope superscripted as “Earnest Money, Cost of bid Document and Cost of bid Processing Fee” with name of work and due date of opening of the bid also mentioned thereon. Other documents as specified in the press notice shall be scanned and uploaded to the e-tendering website within the period of bid submission and certified copy of each shall be deposited in a separate envelop marked as “Other Documents”. Both the envelopes shall be placed in another envelope with due mention of Name of work, date & time of opening of bids and to be submitted in the officeCorrection.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 4EE(P)-I
  5. 5. of Executive Engineer including technical bid documents (as specified on para no. 13, 14 and 15 at page no. 10 and 11 on this NIT document) after last date & time of submission of bid and up to 03:30 PM on 15.11.2011. The document shall be opened at 4.00 PM on the same day. Online technical and financial bid documents submitted by intending bidders shall be opened only of those bidders, whose Earnest Money Deposit, Cost of Tender Document and e- Tender Processing Fee and other documents placed in the envelope are found in order. The financial bid submitted shall be opened at 04:00 PM on 21.11.2011 If the tenderer so desires and authorize, the earnest money can be deposited on their behalf by their authorized Indian representative and the same as and when due for refund, can be released to such authorized representatives.9. The basic Parameters of ‘Technical Bid’ are as under, which must be fulfilled, otherwise the Technical Bid shall be summarily rejected.(i) The product offered must be approved by FIH for international hockey competitions and approval should have the validity at least up to six months beyond the last date of receipt of tender.(ii) For location, the Technical Bid (and accordingly Financial Bid) shall be submitted by the tenderer for only one of their FIH approved products,(iii) Which the tenderer considers appropriate considering the climatic conditions of the place and serviceable life of at least 7 years.(iv) The trade name of the product offered shall be written in full and the same shall tally exactly with what is written in the FIH approval certificate, Laboratory’s test report and client’s certificates (if any).(v) Only such certificates (of FIH and FIH accredited laboratory) shall be accepted which is for the product as per it is current trade name. In case, any of these certificate is for the product indicating it’s earlier trade name, the same shall not be accepted and technical bid with such certificate shall be summarily rejected.Samples of the product offered in Technical Bid shall be submitted in the manner given atpara-14 of Annexure 20 A.5.2.10. i) The rates of all items shall be quoted in Indian Rupees (INR). ii) The payment for all items except item No 30 shall be made in Indian Rupees only. Payment of item no 30 (Providing and the laying of synthetic hockey surface) shall be made in US Dollars, as detailed in para 7 of Particular specification of this document on page 62-6311. The department will have no objection to the Contractor engaging anindigenous partner for carrying out the work of all items except synthetic Hockeysurface over the sub-base for which payment can be made directly to the saidpartner in India Rupees, should the Contractor so desire and confirm in writing.If the bidder so desires, such authorized indigenous partner may provide his/ herdocuments pertaining to service tax registration, VAT registration, sales taxregistrationCorrection.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 5EE(P)-I
  6. 6. etc wherever required in the bid document and any tax deducted at source underthe agreement will be against such documents.12. The bid submitted shall become invalid and cost of bid and e-tenderprocessing fee shall not be refunded if : (i) The bidder is found ineligible. (ii) Any discrepancy is noticed between the documents as uploaded at he time of submission of bid and hard copies as submitted physically inthe office of opening authority.13. The contractor whose bid is accepted will be required to furnish performance guarantee of 5% (Five Percent) of the tendered amount within the period specified in Schedule F. This guarantee shall be in the form of cash (in case guarantee amount is less than Rs. 10000/-) or Deposit at Call receipt of any scheduled bank/Banker’s cheque of any scheduled bank/Demand Draft of any scheduled bank/Pay order of any Scheduled Bank of any scheduled bank (in case guarantee amount is less than Rs. 1,00,000/-) or Government Securities or Fixed Deposit Receipts or Guarantee Bonds of any Scheduled Bank or the State Bank of India in accordance with the prescribed form. In case the contractor fails to deposit the said performance guarantee within the period as indicated in Schedule ‘F’, including the extended period if any, the Earnest Money deposited by the contractor shall be forfeited automatically without any notice to the contractor.14. Intending bidders 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 bidder shall be deemed to have full knowledge of the site whether he inspects it or not and no extra charge consequent on any misunderstanding or otherwise shall be allowed. The bidder 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 bidder 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 factors having a bearing on the execution of the work.15. The competent authority on behalf of the President of India does not bind itself to accept the lowest or any other tender and reserves to itself the authority to reject any or all the tenders received without the assignment of any reason. AllCorrection.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 6EE(P)-I
  7. 7. tenders in which any of the prescribed condition is not fulfilled or any condition including that of conditional rebate is put forth by the bidder shall be summarily rejected.16. Canvassing whether directly or indirectly, in connection with tenderers is strictly prohibited and the tenders submitted by the contractors who resortto canvassing will be liable to rejection.17. The competent authority on behalf of President of India reserves to himselfthe right of accepting the whole or any part of the tender and the tenderer shallbe bound to perform the same at the rate quoted.18. The contractor shall not be permitted to tender for works in the CPWD Circle (Division in case of contractors of Horticulture/Nursery category) responsible for award and execution of contracts, in which his near relative is posted a Divisional Accountant or as an officer in any capacity between the gradesof Superintending Engineer and Junior Engineer (both inclusive). He shall also intimate the names of persons who are working with him in any capacity orare subsequently employed by him and who are near relatives to any gazetteofficer in the Central Public Works Department or in the Ministry of Urban Development. Any breach of this condition by the contractor would renderhim liable to be removed from the approved list of contractors of thisDepartment.19. No Engineer of gazette rank or other Gazetted Officer employed inEngineering or Administrative duties in an Engineering Department of theGovernment of India is allowed to work as a contractor for a period of one yearafter his retirement from Government service, without the previous permissionof the Government of India in writing. This contract is liable to be cancelled ifeither the contractor or any of his employees is found any time to be such a person who had not obtained the permission of the Government of India asaforesaid before submission of the tender or engagement in the contractor’sservice.20. The tender for the works shall remain open for acceptance for a period ofninety (90) days from the date of opening of tenders if any tendererwithdraws 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 thetender which are not acceptable to the department, then the Governmentshall, without prejudice to any other right or remedy, be at liberty to forfeit 50% of the said earnest money as aforesaid. Further the tenderer shall not beallowed to participate in the re-tendering process of the work.21. This notice inviting Tender shall form a part of the contract document. The successful tenderer/ contractor, on acceptance of his tender by theAccepting Authority shall within 15 days from the stipulated date of start of thework, sign the contract consisting of:- a) The Notice Inviting Tender, all the documents including additionalconditions, specifications and drawings, if any, forming part of the tender asuploaded at the time of invitation of tender and the rates quoted online at the timeof submission of bid and acceptance thereof together with any correspondence leading there to. b) Standard C.P.W.D. Form 8 (Attached with this tender document) .Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 7EE(P)-I
  8. 8. 22.1 The tender document has included the following three components:Part A:- CPWD-6, CPWD-8 including schedule A to F for the major component ofthe work, Standard General Conditions of Contract for CPWD 2010 or latestedition as applicable with all amendments/modifications up to 23.05.2011(available as Govt. of India publication, or can be downloaded free of cost from www.cpwd.gov.in).Part B:- General / specific conditions, specifications of the work.Part C:- schedule of quantities applicable to of the work22.2 The eligible bidders shall quote rates for all items of work.22.3 After acceptance of the tender by competent authority, the EE in charge of the work shall issue letter of award on behalf of the President of India.After the work is awarded, the contractor will have to enter into one agreementwith EE in charge of the work.22.4 Entire work under the scope of the work shall be executed under oneagreement.22.5 The Earnest Money will become part of the security deposit of the work.22.6 Running and final payment for the work shall be made by EE to thecontractor.23. In case any discrepancy is noticed between the documents as uploaded atthe time of submission of the bid online and hard copies as submittedphysically in the office of Executive Engineer, then the bid submitted shallbecome invalid and the Government shall, without prejudice to any other rightor remedy, be at liberty to forfeit 50% of the said earnest money as aforesaid.Further the bidder shall not be allowed to participate in the re-tendering processof the work. Executive Engineer, Meghalaya Central Division, CPWD, ShillongCorrection.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 8EE(P)-I
  9. 9. Annexure 20A.5.2INFORMATION AND INSTRUCTIONS FOR CONTRACTORS FOR e-TENDERING FORMING PART OF NIT AND TO BE POSTED ON WEBSITE (Applicable for inviting open tenders)The Executive Engineer, Meghalaya Central Division, CPWD, Shillong on behalfof President of India invites online ITEM RATE TENDERS IN TWO BIDS (Technical& Financial) from FIH approved Synthetic Hockey Surface manufacturers (and notfrom their agents or distributors or dealers or suppliers or subsidiary companies orassociate companies) for the work of: Name of Work & Estimat Date & Last date & Period during Time & date Location ed Cost time of time of which EMD, of put to Prebid submission Cost of opening of Period Completion Tender conference of Tender financial bids Earnest Money Eligibility & Document, of NIT No. financial bid Etender qualified/Sl. No. on line Processing approved Fee and other bidders. Documents including technical bids shall be submitted 41(recall-2/EE/MGCD/SH/2011-12 1. Providing and laying Global Category Rs. 2,65,47,609.00 Rs. 5,30,952.00 Synthetic at 11:30 AM upto 3.00 Upto 03:30 at 4.00 P.M. 150 days on P.M. on P.M. on on Hockey 8/11/2011 14/11/2011 15/11/2011 21/11/2011 Surface at SAG Centre, NEHU Campus, Shillong 1. The intending bidder must read the terms and conditions of CPWD-6 carefully. He should only submit his bid if he consider himself eligible and he is in possession of all the documents required. 2. Information and instructions for bidders posted on website shall form part of bid document. 3. The bid document consisting of plans, specifications, the schedule of quantities of various types of items to be executed and the set of terms and conditions of the contract to be complied with and other necessary documents can be seen and downloaded from website www.tenderwizard.com/CPWD or www.cpwd.gov.in free of cost.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 9EE(P)-I
  10. 10. 4. But the bid can only be submitted after uploading the mandatory scanned documents such as demand draft or pay order or Banker’s cheque or Deposit at call receipt or fixed deposit receipts and bank Guarantee of any Scheduled bank towards cost of bid document and EMD in favour of respective Executive Engineer and Processing fee in favour of ITI Limited and other document as specified. 5. Those contractors not registered on the website mentioned above, are required to get registered beforehand. If needed they can be imparted training on online bidding process as per details available on the website. 6. The intending bidder must have valid class-III digital signature to submit the bid.7. OPENING OF TECHNICAL BID First of all Technical bid shall be opened on the date & time specified in annexure – 20.A.5.2 of those tenderer who fulfil all the basic parameters of Technical bid as mentioned at Sl.No.13 in annexure – 20.A.5.2 and deposited the earnest money, cost of tender documents, e-tender processing fee etc., as prescribed in the same.8 OPENING OF FINANCIAL BID8.1 The financial bids of those tenderers whose technical bids have been found in order shall be opened on the date and time mentioned at pg-9 Annexure 20A 5.2.8.2 In the event, no rate has been quoted for any item(s), leaving space in figure(s), words(s) and amount blank, it will be presumed that the contractor has included the cost of this/these item(s) in other items. Rates for such item (s) shall accordingly be considered as Zero and no payment shall be made for the works to be done by the contractor as per item/these items.9 On opening date, the contractor can login and see the bid opening process. After opening of bids he will receive the competitor bid sheets.10 Contractor can upload documents in the form of JPG format and PDF format.11 Contractor must ensure to quote rate of each item. The column meant for quoting rate in figures appears in pink colour and the moment rate is entered, it turns sky blue. In addition to this, while selecting any of the cells a warning appears that if any cell is left blank, the same shall be treated as “0”. Therefore, if any cell is left blank and no rate is quoted by the bidder, rate of such item shall be treated as “0” (Zero).12 When tenders are invited in two stage system and if it is desired to submit revised financial bid then it shall be mandatory to submit revised financial bid, if not submitted then the tender submitted earlier shall become invalid.13 Contractors who fulfil the following requirements shall be eligible to apply. (Joint ventures are not accepted)i) The product offered must be approved by FIH for international hockey competetions and approval should have the validity at least upto six months beyond the last date of receipt of tender.ii) For SAG Centre, NEHU Campus, Shillong location, the technical bid and accordingly Financial bid shall be submitted by the tenderer for only one of their FIH approved products, which the tenderer considers appropriate considering the climatic conditions of the place and serviceable life of at least 7 years.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 10EE(P)-I
  11. 11. iii) The trade name of the product offered shall be written in full and the same shall tally exactly with what is written in FIH approval certificate, laboratory’s test report and client’s certificate (if any).iv) Only such certificates (of FIH and FIH accredited laboratory) shall be accepted which is for the product as per it is current trade name. In case any of these certificate is for the product indicating it’s earlier trade name, the same shall not be accepted and technical bid with such certificate shall be summarily rejected.v) The successful bidder has to get registered with Meghalaya sales tax /VAT, if the same is not available and submit a copy of the same along with the Performance Guarantee. 14 Sample of the product offered in technical bid shall be submitted in on other envelop marked as “SAMPLE” and placed in the main envelop to be submitted to the executive engineer along with other documents. 15 Copy of certificates as mentioned at Sl. No. 13 above shall be scanned and uploaded to the e-tendering website within the period of tender submission and certified copy of each shall be deposited in a separate envelope marked as “ Eligibility Document”. Both the envelope shall be placed in another envelope with due mention of Name of work, date & time of opening of tenders and to be submitted in the office of the Executive Engineer during the period mentioned above. Another Envelope with Technical bid Part-II written on top of the envelope shall contain requisite number of samples of the product offered and quoted for in the size of (300mm x 300mm) each with an inextricable sticker on their back with the full trade name of product and name of the firm written thereon and duly signed by their authorize signatory. The numbers of samples for which the product as offered and quoted for shall be three for which the particular product has been offered. Online tender documents submitted by intending bidders shall be opened only of those bidders, whose Earnest Money Deposit, Cost of Tender Document and e-Tender Processing Fee and other documents placed in the envelope are found in order. 16 Trade name of the product for which rate has been quoted for item No.30 shall also be written in full in Col.5 of the Schedule of Quantities and it shall be ensured that the same is in consonance with the offer made as per technical bid document, otherwise the financial bid may be rejected. “ However, if the tenderer has offer only one product for the location, it is not mandatory to write the trade name of the product in column No. 5 against item No.30 of the schedule of quantities”. 17 The technical bid shall be opened first on due date and time as mentioned in annexure 20 A 5.2. The time and date of opening of financial bid of contractors qualifying the technical bid shall be communicated to them at a later date. 18 Pre tender Conference shall be held in the chamber of Chief Engineer, NEZ Shillong on 08.11.2011 at 11:30 AM to clear the doubt of intending tenderers, if any.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 11EE(P)-I
  12. 12. List of Documents to be scanned and uploaded within the period of bid submission: a. Treasury Challan/ Demand Draft/Pay order or Banker`s Cheque /Deposit at Call Receipt/FDR/Bank Guarantee of any Scheduled Bank against EMD. b. Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank towards cost of bid Document. c. Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank towards cost of Processing Fee. d. Signed copy of undertaking for signing of integrity pact as available in page No.30 of the tender document by the intending bidders. e. The product approval certificate from FIH, indicating its validity period. f. The trade name of the product offered in full and the same shall tally exactly with what is written in FIH approval certificate, laboratory’s test report and client’s certificate (if any). g. Letter of submittal containing the following details:- • Name & Full address of the tenderer. • Telephone, e-mail & fax No. of the tenderer. • Name, address, contact No. (Tel, e-mail, fax) of the person who holds power of attorney if any. • Name, address, contact No. (Tel, e-mail, fax) of their Indian representative, if any. • Original or attested photo copy of power of attorney, if any. • Compliance to Appendix-II of page no 14 shall be submitted in the form of laboratory test reports and if the test report doesn’t mention any of the parameters listed in appendix-II, the compliance to that extent shall be submitted in the form of a letter that ‘these parameters will be achieved with this product’ duly signed by the manufacturer or authorised representative • The trade name of the product, including the details of ingredients which will have to be brought to site for construction of cast-in-situ shock pad, if the synthetic surface offered is to be laid over cast-in-situ pad at SAG Centre, NEHU Campus, Shillong, Meghalaya, in the tabulated form as given below:- Sl.No Trade name of Details of ingredients and their quantity required for the product construction of cast-in-situ shock pad and Global Category Synthetic Hockey Surface 1.j. The original or self attested photo copy of FIH’s approval certificate for the product offered, indicating the validity period respectively thereof.k. The original or self attested photo copy of the latest Test Report from FIH accredited test laboratory for the product offered, containing test values vis-a- vis the performance standards as laid down for Global Category Synthetic Hockey Surfaces.L. English version of the documents, which are not in English, duly authenticated by the authority who had issued the originals,Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 12EE(P)-I
  13. 13. NOTE :- i) Self attestation means attestation by the authorised signatory of the manufacturer/ FIH approved manufacturer himself . ii) Wherever the authorised signatory signs the tender documents/ any documents being attached signature shall be on behalf of approved manufacturer and shall use the letter head/ stamp of the approved manufacturer only. As otherwise the tender shall be liable to be rejected.APPENDIX – I LIST OF EXECUTIVE ENGINEER (ENGINEER-IN-CHARGE)Sl. LOCATION OF NAME OF THE POSTAL FAX NO. E-MAILNo THE WORK DIVISION ADDRESS1. SAG Centre, Meghalaya Cleve’s +9136422 mgcdcpwdshg11 NEHU Campus, Central Division Colony, 23533 @yahoo.com Shillong Dhankheti, Shillong 793003Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 13EE(P)-I
  14. 14. APPENDIX – II PERFORMANCE STANDARDS FOR GLOBAL FIH COMPETITIONSSl. Parameters Performance Standards for Global FIHNo competitions1. Trade Name of the Should be on FIH approved list product2. Surface (unfilled/filled) Unfilled3. Predictable playability Yes4. Ball rebound(vertical Average 100mm-250mm. Field test maximum deviation from Average:20%5. Ball roll 9m-15m(+10% of average) maximum deviation 3 degrees6. Underfoot friction Co-efficient of friction 0.6 – 1.0 (+ 0.1 from average)7. Ball to surface friction Static 0.50 minimum, Dynamic 0.35 minimum8. Impact Response 40-65 per cent (+5 percent deviation)9. Pile/Pad deformation Not less than 40 percent10. Colour Defined range of ‘Green” plus uniformity11. Gloss Max. 15 Percent when wet.12 Pitch porosity To allow vertical drainage of water at a rate greater than equivalent of 150mm per hr.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 14EE(P)-I
  15. 15. CPWD-8 GOVERNMENT OF INDIA CENTRAL PUBLIC WORKS DEPARTMENTSTATE Meghalaya CIRCLE : SE(P)BRANCH B&R DIVISION : MgCDZONE NEZ SUB-DIVN. : SCSD-I Item Rate Tender & Contract for WorksTender for the work of: - Providing and laying Global Category Synthetic HockeySurface at SAG Centre, NEHU Campus, Shillong. (i) To be uploaded on line by 15:00 hours on 14.11.2011 on web site tenderwizard.com/cpwd to Executive Engineer, MgCD, CPWD, Shillong. (ii) Last date and time of submission of copy of registration certificate, tendercost, Earnest Money Deposit, Tender processing fee and Technical Bids (Inphysical form) in the office of the Executive Engineer, Meghalaya CentralDivision,CPWD, Meghalaya by 15.30 hours on dated 15.11.2011 (iii) Eligibility Bids to be opened in presence of bidders who may be present at 16:00 hours on dated 15.11.2011 in the office of Executive Engineer, Meghalaya Central Division, CPWD, Shillong. (iv) Financial Bids to be opened in presence of qualified/approved bidders who may be present at 16:00 hours on dated 21.11.2011 in the officeof Executive Engineer, Meghalaya Central Division, CPWD, Shillong.Designation: Executive Engineer, Meghalaya Central Division, CPWD, Shillong.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 15EE(P)-I
  16. 16. TENDERl/We have read and examined the notice inviting tender, schedule, A, B, C, D, E & FSpecifications applicable, Drawings & Designs, General Rules and Directions, Conditions ofcontract, clauses of contract, Special conditions, Schedule of Rate & other documents andRules referred to in the conditions of contract and all other contents in the tenderdocument for the work.I / We hereby tender for the execution of the work specified for the President of India withinthe time specified in Schedule ‘F’ viz., schedule of quantities and in accordance in allrespects with the specifications, designs, drawings and instructions in writing referred to inRule-1 of General Rules and Directions and in Clause-11 of the Conditions of contract andwith such materials as are provided for, by, and in respects in accordance with, suchconditions so far as applicable.I/We agree to keep the tender open for ninety (90) days from the date of opening offinancial bid and not to make any modifications in its terms and conditions.A sum of Rs. 530952.00 is hereby forwarded in the form of Receipt TreasuryChallan/Deposit at call Receipt of a Scheduled Bank / Fixed deposit receipt of a ScheduledBank/Demand Draft of a Scheduled Bank / bank guarantee issued by a scheduled bank asEarnest Money. If I/We fail to furnish the prescribed performance guarantee withinprescribed period, I/We agree that the said President of India or his successors in officeshall without prejudice to any other right or remedy, be at liberty to forfeit the said earnestmoney absolutely. Further, if I/We fail to commence work as specified, I/We agree thatPresident of India or his successors in office shall without prejudice to any other right orremedy available in law, be at liberty to forfeit the said earnest money and the performanceguarantee absolutely, otherwise the said earnest money shall be retained by him towardssecurity deposit to execute all the works referred to in the tender documents upon theterms and conditions contained or referred to therein and to carry out such deviations asmay be ordered, up to maximum of the percentage mentioned in Schedule ‘F’ and those inexcess of that limit at the rates to be determined in accordance with the provision containedin Clause 12.2 and 12.3 of the tender form. Further, I/We agree that in case of forfeiture ofearnest money or both Earnest Money & Performance Guarantee as aforesaid, I/We shall bedebarred for participation in the re-tendering process of the work.I/We undertake and confirm that eligible similar work(s) has/have not been got executedthrough another contractor on back to back basis. Further that, if such a violation comes tonotice of department, then I shall be debarred for tendering in CPWD in future for ever.Also, if such a violation comes to the notice of the department before date of start of work,the Engineer-in-Charge shall be free to forfeit the entire earnest moneydeposit/Performance Guarantee.I/We hereby declare that I/We shall treat the tender documents drawings and other recordsconnected with the work as secret/confidential documents and shall not communicateinformation/derived there from to any person other than a person to whom I/We am/areauthorized to communicate the same or use the information in any manner prejudicial tothe safety of the State.Dated, ……………. . Signature of ContractorWitness Postal AddressAddress:Occupation:** To be filled by ContractorCorrection.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 16EE(P)-I
  17. 17. ACCEPTANCEThe above tender (as modified by you as provided in the letters mentionedhereunder) is accepted by me for and on behalf of the President of India for a sumof Rs…………………………(Rupees……………………………..……………………………………………..……………)The letters referred to below shall form part of this contract Agreement: -*** For & on behalf of the President of India. SignatureDated: Designation:* To be filled in by EECorrection.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 17EE(P)-I
  18. 18. PROFORMA OF SCHEDULESSCHEDULE ‘A’Schedule of quantities of Part C from Page No 78 to 83SCHEDULE ‘B’Schedule of materials to be issued to the contractorSl. Description of item Quantity Rates in figures & words of Place of issueNo. Which the material will be Charged to the contractor 1. 2 3 4 5---------------------------------------------------Nil----------------------------------------------------SCHEDULE ‘C’Tools and plants to be hired to the contractor. Sl. No. Description Hire charges per day Place of issue 1. 2. 3. 4.…………………………………………………..NIL…………………………………………………SCHEDULE ‘D’Extra schedule for specific : General Conditions, additional Conditions andRequirements/documents documents for the work, if any, specifications, etcfor the work, if any: attached herewith vide Part B from page No.38 to 76SCHEDULE ‘E’Reference to General : General Condition of contract Conditions of Contract2010 with correction slips up to 23.05.2011Name of work: - Providing and laying Global Category Synthetic Hockey Surface at SAG Centre, NEHU Campus, Shillong.Estimated cost of work = Rs. 265,47,609.001) Earnest money: = Rs. 5,30,952.002) PerformanceGuarantee = 5 % of tendered value.3) Security Deposit = 5 % of tendered value.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 18EE(P)-I
  19. 19. SCHEDULE ‘F’GENERAL RULES & DIRECTIONS:Officer inviting tender Executive Engineer, Meghalaya Central Division, CPWD, Shillong.Maximum percentage for quantity of items See belowof work to be executed beyond whichrates are to be determined in accordancewith Clauses 12.2 & 12.3Definition:2(v) Engineer-in-Charge Executive Engineer Meghalaya Central Division, CPWD, Shillong.2 (viii) Accepting Authority Chief Engineer, NEZ, CPWD, Shillong.2 (x) Percentage on cost of material and labour to cover all overheads and 15% profits.2 (xi) Standard Schedule of Rates DSR 2007 with Amendments/correction slips Issued up to 25.07.2011.2(xii) Department Central Public Works Department.9(ii) Standard CPWD contract Form CPWD form 8 (publication 2010) as modified and corrected with Amendments issued up to 23.05.2011Clause 1i)Time allowed for submission of PerformanceGuarantee from the date of issue of letter of 15 daysAcceptance.ii) Maximum allowable extension beyond the periodprovided in (i) above. 7 daysClause 2Authority for fixing Compensation SUPERINTENDING ENGINEER (P),under clause-2 NEZ, CPWD, Shillong.Clause 2AWhether Clause 2A shall be applicable YesClause 5Number of days from the date of issue of letterof acceptance for reckoning date of start. 15 daysMile stone(s) as per table given below.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 19EE(P)-I
  20. 20. Sl. Time allowed Amount to beNo. Description of Mile stone(s) (Physical) in days withheld in case of (From date non achievement of start). of mile stone(s).1. Earthwork and cement concrete including CC drain and 30 days In the event of not RCC base of water tank achieving the2. Complete under ground water tank 60 days necessary physical Complete brickwork of pump house milestone, 1.00% of Laying of sprinkler network the tendered value of Pump house complete 90 Days work will be withheld3. for failure in achieving Chain link fencing complete each mile stone Foot path along drain complete subject to a maximum Getting the mix design result for DBC amount of 5%4. All items except Global Synthetic Hockey Turff complete 100 Days5. Completion of Work including laying Global Synthetic 150 Days Hockey Turff complete in all respectTime allowed for execution of work 150 daysAuthority to decide:(i) Extension of time EE, MgCD, CPWD, Shillong.(ii) Rescheduling of mile stones Superintending Engineer (P), NEZ, CPWD, ShillongClause 6, 6AClause applicable – (6 or 6A) Clause 6A applicableClause 7Gross work to be done together with net payment/ Rs. 35.00 lakhs or as mutuallyadjustment of Advances for material collected, agreed by both parties.if any, since the last such payment for beingeligible to interim payment.Clause 10AList of testing equipment to be provided by the contractor at site lab.1. Concrete testing hammer.2. Slump cone with tamping rod and non-absorbent platform.3. Glass measuring cylinder.4. Weighing balance with required brass and iron weight.5. Brass and metal sieve of required size for testing coarse and fine aggregate.6. Cube moulds of 15x15x15 cm size.7. Moisture meter.Clause 10B (ii)Whether Clause 10B (ii) shall be applicable : YesClause 10 CComponent of labour expressed aspercentage of value of work = 25 %Clause 10 CAClause 10 CA Nearest materials (other than Base price of allMaterials Covered cement, reinforcement bars materials covered underunder this clause : and structural steel) for which Clause 10CA* All India Whole Sale Price Index to be followed.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 20EE(P)-I
  21. 21. 1. Cement (O.P.C.) 1. NIL Rs. 5,400/- per MT 2. Reinforcement 2. NIL Rs. 48,100/- per MT steel bars (TMT) Primary producers CLAUSE 10 CC : Not Applicable Clause 11 Specifications to be followed for execution of work :- As per model documents of CSO, CPWD as enclosed on page 64 to page 76 and C.P.W.D. Specifications 2009 Vol. – I & II with up to date correction slips upto date and general conditions and Additional specifications as attached in PART B & C of the NIT except for items No. 30 for which FIH requirements for Global Competition for “Providing and Synthetic Hockey Surface” Clause 12 Deviation limit beyond which clause 12.2 & 12.3 shall apply for building work 30% (Thirty percent) Deviation limit beyond which clause 12.2 and 12.3 shall apply for foundation work 100% (one hundred percent). Clause 16 Competent Authority for deciding Superintending Engineer (P), reduced rates. NEZ, CPWD, Shillong. Clauses 18 List of mandatory machinery, tools & plants to be deployed by the contractor at site:-1. Steel shuttering (for foundation – 200sqm, for beams 200sqm, for column 100sqm & for slab 200sqm)2. Steel scaffolding with adjustable flexi jack on top for 200 cum space.3. Concrete mixture machine of full bag cement capacity.4. Needle type vibrator (40mm) – at least 2 nos.5. Water pump set for curing Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 21 EE(P)-I
  22. 22. Clause 19Add after Para 2 of Clause 19 at Page 38 of GCC 2008. For this purpose, as laid down in Rule 4(3) of the Building and other ConstructionWorkers Welfare Cess Rule 1998, the contractor shall have to pay Cess @ 1% of the grossvalue of work done by him, which shall be recovered from each running bill including final billof the work by the Engineer-in-charge. The amount so deducted shall be transferred to theMeghalaya Building and other Construction Workers Welfare Board or any other designatedoffice.Clause 25 - Constitution of Dispute Redressal Committee:For total claims more than Rs. 25 lac.Chairman – Chief Engineer (EZ-I), CPWD, KolkataMember – Superintending Engineer (TLCQA), CPWD, Kolkata.Member – Superintending Engineer (P), NEZ, CPWD, ShillongFor total claims upto Rs. 25 lac.Chairman – Superintending Engineer (TLCQA), CPWD, Kolkata.Member – Executive Engineer (P), NEZ, CPWD, ShillongMember – Executive Engineer, IIM Project Division, CPWD, ShillongMember – Executive Engineer, Meghalaya Central Division, CPWD, ShillongClause 36(i) :-Requirement of Technical Representative(s) and recovery rate.Sl. Minimum Designation Minimum Nos. Rate at which recoveryNo Qualification of (Principal experience shall be made from the Discipline Technical Technical/ contractor in the event representative Technical of not fulfilling provision representative of Clause 36(i) Figures Words1 Rupees Graduate Principal A Rs. 20,000/- Twenty Engineer 1(One) Each Per thousand Technical Technical No. month each per representative expert who has month experienc e of having executed at least Civil one similar work successf ullyCorrection.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 22EE(P)-I
  23. 23. 2. Graduate Nil for Rupees Engineer Graduate Rs. 15,000/- Fifteen Or Technical Engineer 1(One) Each Per thousand Civil Diploma representative OR 5 No. month each per Engineer years for month Diploma EngineerAssistant Engineers retired from Government services that are holding Diploma willbe treated at par with Graduate Engineers.Clause 42i) a) Schedule/statement for determining DSR 2007 with up to date theoretical quantity of cement and amendments and as per bitumen on the basis of Delhi schedule additional specifications of Rate printed by CPWD attached in the NIT.ii) Variations permissible on theoretical quantities a) Cement For works with estimated cost put to 2% plus/minus. tender more than Rs.5 lakhs. b) Bitumen for all works. 2.5% plus only & Nil on minus side c) Steel Reinforcement and structural steel sections for each diameter, section and 2% plus / minus. Category. d) All other materials NIL RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATIONSl. Description of item Rates in figures and words at which recoveryNo. Shall be made from the Contractor. Excess beyond Less use beyond the Permissible Variation. Permissible variation.1 Cement NIL Not Permitted2 Steel Reinforcement NIL Not Permitted3 Structural Section NIL Not Permitted4 Bitumen issued free NIL Not Permitted5 Bitumen issued at NIL Not Permitted stipulated fixed priceCorrection.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 23EE(P)-I
  24. 24. FORM OF PERFORMANCE SECURITY (GUARANTEE) BANK GUARANTEE BOND1. In consideration of the President of India (hereinafter called "the Government") having offered to accept the terms and conditions of the proposed agreement between………………………………………and…...…..…………………………….. (herein after called "the said contractor(s)") for the work ……………………………………………………………………………. (herein after called "the said agreement) having agreed, to production of an irrevocable Bank Guarantee for Rs……………….. (Rupees………………………………………..only) as a security/ guarantee from the contractor(s) for compliance of his obligations in accordance with the terms and conditions in the said agreement. We ………………………………………………(hereinafter referred to as "as (indicate the name of Bank) Bank") hereby undertake to pay to the Government an amount not exceeding Rs……………. (Rupees………………………………………….only) on demand by the Government.2. We …………………………………………………………………………..do hereby (indicate the name of Bank) undertake to pay the amounts due and payable under this Guarantee without any demure, merely on a demand from the Government stating that the amount claimed is required to meet the recoveries due or likely to be due from the said contractor (s). Any such demand made on the Bank shall be conclusive as regards the amount due and payable by the bank under this Guarantee. However, our liability under this guarantee shall be restricted to an amount not exceeding Rs……………………………(Rupees……………………………………………only)3. We, the said bank further undertake to pay the Government any money so demand notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any court or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment.4. We ……………………………………………………………….further agree that (indicate the name of the Bank) the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the Government under or by virtue of the said Agreement have been fully paid and its claim satisfied or discharged or till Engineer-in-Charge on behalf of the Government certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) accordingly discharges this guarantee.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 24EE(P)-I
  25. 25. 5. We…………………………………………………………………. further agree with (indicate the name of Bank) the Government that the Government shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said contractor(s) and to forebear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for any forbearance, act of omission on the part of the Government or any indulgence by the Government to the said contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.6. This guarantee will not be discharged due to the change in the constitution of the Bank or the contractor(s).7. We ………………………………………………………………lastly undertake (indicate the name of bank) not to revoke this guarantee except with the previous consent of the Government in writing.8. This guarantee shall be valid upto………………………………………………..unless extended on demand by Government. Notwithstanding any thing mentioned above, our liability against this Guarantee is restricted to Rs. ……………………(Rupees………………………………………………………only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this guarantee, all our liabilities under this guarantee, shall stand discharged. Dated, the …………Day of…..………………. . For……………………………………………… (indicate the name of the Bank)Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 25EE(P)-I
  26. 26. Form of Earnest Money Deposit Bank Guarantee BondWHEREAS, contractor.................. (Name of contractor) (hereinafter called "the contractor") hassubmitted his tender dated ............. (date) for the construction of .............................................. (nameof work) (hereinafter called "the Tender")KNOW ALL PEOPLE by these presents that we ........................................ (name of bank) having ourregistered office at ................................... (hereinafter called "the Bank") are bound unto................................................... (Name and division of Executive Engineer) (hereinafter called "theEngineer-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, hissuccessors 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 tenderincluding 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 tocontractor, if required;OR(b) fails or refuses to furnish the Performance Guarantee, in accordance with the provisions of tenderdocument and Instructions to contractor,OR(c) fails or refuses to start the work, in accordance with the provisions of the contract and Instructionsto 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 firstwritten demand, without the Engineer-in-Charge having to substantiates his demand, provided that inhis demand the Engineer-in-Charge will note that the amount claimed by his is due to him owing tothe 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 forsubmission of tender as such deadline is stated in the Instructions to contractor or as it may beextended by the Engineer-in- Charge, notice of which extension(s) to the Bank is hereby waived. Anydemand in respect of this Guarantee should reach the Bank not later than the above date.DATE ............. SIGNATURE OF THE BANKWITNESS .................. SEAL(SIGNATURE, NAME AND ADDRESS)*Date to be worked out on the basis of validity period of 6 months from last date of receipt oftender.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 26EE(P)-I
  27. 27. OFFICE MEMORANDUM No.DGW/CON/255 ISSUED BY AUTHORITY OF DIRECTOR GENERAL OF WORKSNIRMAN BHAWAN, NEW DELHI DATED: 23.05.2011Subject: Introduction of Integrity Pact and Dispute Resolution Committee underClause 25 in GCC 2010.1. Introduction of Integrity Pact:A new provision of Integrity Pact (copy enclosed) has been introduced in the GCC 2010. Atthe time of submission of tender/bid, it shall be mandatory to sign the Pact by thebidder/contractor failing which the tenderer/bidder will stand disqualified from the tenderingprocess and the bid of the bidder would be summarily rejected.2. Following provisions of CPWD Works Manual 2010 are modified:Reference Existing Provision Modified ProvisionCPWD - No Provision Following new Para is added:7/8 Clause 25 -Schedule - Constitution of Dispute RedressalF Committee: Chairman - Member - Member -Clause 3 If the contractor shall obtain a contract If the contractor had secured the(vii) with Government as a result of wrong contract with Government as a result of tendering or other non-bonafide wrong tendering or other non-bonafide methods of competitive tendering. methods of competitive tendering or commits breach of Integrity Agreement.Clause If the contractor considers any work If the contractor considers any work25(i) demanded of him to be outside the demanded of him to be outside the requirements of the contract, or requirements of the contract, or disputes disputes any drawings, record or any drawings, record or decision given in decision given in writing by the writing by the Engineer-in-Charge on Engineer in-Charge on any matter in any matter in connection with or arising connection with or arising out of the out of the contract or carrying out of the contract or carrying out of the work, to work, to be unacceptable, he shall be unacceptable, he shall promptly promptly within 15 days request the within 15 days request the Superintending Engineer in writing for Superintending Engineer in writing for written instruction or decision. written instruction or decision. Thereupon, the Superintending Engineer Thereupon, the Superintending shall give his written instructions or Engineer shall give his written decision within a period of one month instructions or decision within a period from the receipt of the contractor’s letter. of one month from the receipt of the contractor’s letter. If the Superintending Engineer fails to If the Superintending Engineer fails to give his instructions or decision in give his instructions or decision in writing writing within the aforesaid period or if within the aforesaid period or if theCorrection.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 27EE(P)-I
  28. 28. the contractor is dissatisfied with the contractor is dissatisfied with the instructions or decision of the instructions or decision of the Superintending Engineer, the Superintending Engineer, the contractor contractor may, within 15 days of the may, within 15 days of the receipt of receipt of Superintending Engineer’s Superintending Engineer’s decision, decision, appeal to the Chief Engineer appeal to the Chief Engineer who shall who shall afford an opportunity to the afford an opportunity to the contractor to contractor to be heard, if the latter so be heard, if the latter so desires, and to desires, and to offer evidence in offer evidence in support of his appeal. support of his appeal. The Chief The Chief Engineer shall give his Engineer shall give his decision within decision within 30 days of receipt of 30 days of receipt of contractor’s contractor’s appeal. If the contractor is appeal. If the contractor is dissatisfied dissatisfied with the decision of the Chief with this decision, the contractor shall Engineer, the contractor may within 30 within a period of 30 days from receipt days from the receipt of the Chief of the decision, give notice to the Engineer decision, appeal before the Chief Engineer for appointment of Dispute Redressal Committee (DRC) arbitrator on prescribed proforma as along with a list of disputes with per Appendix XV, failing which the amounts claimed in respect of each said decision shall be final binding such dispute and giving reference to and conclusive and not referable to the rejection of his disputes by the adjudication by the arbitrator. Chief Engineer. The Dispute Redressal Committee (DRC) shall give his decision within a period of 90 days from the receipt of 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. ---Sd--- Superintending Engineer (C&M)Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 28EE(P)-I
  29. 29. To, Intending Bidders, ……………………….., ………………………..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 thecondition that the Bidder will sign the integrity Agreement, which is an integral part oftender/bid documents, failing which the tenderer/bidder will stand disqualified from thetendering process and the bid of the bidder would be summarily rejected. This declaration shall form part and parcel of the Integrity Agreement and signing ofthe same shall be deemed as acceptance and signing of the Integrity Agreement on behalfof the CPWD. Yours faithfully Executive EngineerTo,Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 29EE(P)-I
  30. 30. Executive Engineer, ……………………….., ………………………..Sub: Submission of Tender for the work of ………………………....……………....Dear Sir, I/We acknowledge that CPWD is committed to follow the principles thereof asenumerated 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 thecondition that I/We will sign the enclosed integrity Agreement, which is an integral part oftender documents, failing which I/We will stand disqualified from the tendering process. I/Weacknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS ANUNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT. I/We confirm acceptance and compliance with the Integrity Agreement in letter andspirit and further agree that execution of the said Integrity Agreement shall be separate anddistinct from the main contract, which will come into existence when tender/bid is finallyaccepted 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 IntegrityAgreement, while submitting the tender/bid, CPWD shall have unqualified, absolute andunfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance withterms and conditions of the tender/bid.Yours faithfully(Duly authorized signatory of the Bidder)Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 30EE(P)-I
  31. 31. To be signed by the bidder and same signatory competent / authorised to sign the relevant contract on behalf of CPWD. INTEGRITY AGREEMENTThis Integrity Agreement is made at ............... on this ........... day of..................20...... BETWEENPresident of India represented through ExecutiveEngineer,.................................,……………. (Name of Division)CPWD, ............................................................................................,(Hereinafterreferred as the (Address of Division)‘Principal/Owner’, which expression shall unless repugnant to the meaning orcontext hereof include its successors and permitted assigns) AND...................................................................................................................................................... (Name and Address of the Individual/firm/Company)through ........................................................................................ (Hereinafter referredto as the (Details of duly authorized signatory)“Bidder/Contractor” and which expression shall unless repugnant to the meaning orcontext hereof include its successors and permitted assigns)PreambleWHEREAS the Principal / Owner has floated the Tender (NIT No................................................) (hereinafter referred to as “Tender/Bid”) and intendsto 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 ofthe land, rules, regulations, economic use of resources and of fairness/transparencyin its relation with its Bidder(s) and Contractor(s).AND WHEREAS to meet the purpose aforesaid both the parties have agreed toenter 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 andparcel of the Tender/Bid documents and Contract between the parties.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 31EE(P)-I
  32. 32. 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/Owner1) 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:Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 32EE(P)-I
  33. 33. 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. d) 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 toCorrection.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 33EE(P)-I
  34. 34. 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 BreachWithout prejudice to any rights that may be available to the Principal/Owner underlaw or the Contract or its established policies and laid down procedures, thePrincipal/Owner shall have the following rights in case of breach of this Integrity Pactby the Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes torespect 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 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, theCorrection.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 34EE(P)-I
  35. 35. 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.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 35EE(P)-I
  36. 36. Article 6- Duration of the PactThis Pact begins when both the parties have legally signed it. It expires for theContractor/Vendor 12 months after the completion of work under the contract or tillthe continuation of defect liability period, whichever is more and for all other bidders,till the Contract has been awarded.If any claim is made/lodged during the time, the same shall be binding and continueto be valid despite the lapse of this Pacts as specified above, unless it isdischarged/determined by the Competent Authority, CPWD.Article 7- Other Provisions 1) This Pact is subject to Indian Law, place of performance and jurisdiction is the Head quarters of the Division of the Principal/Owner, who has floated the Tender. 2) Changes and supplements need to be made in writing. Side agreements have not been made. 3) If the Contractor is a partnership or a consortium, this Pact must be signed by all he partners or by one or more partner holding power of attorney signed by all partners and consortium members. In case of a Company, the Pact must be signed by a representative duly authorized by board resolution. 4) Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact remains valid. In this case, the parties will strive to come to an agreement to their original intensions. 5) It is agreed term and condition that any dispute or difference arising between the parties with regard to the terms of this Integrity Agreement / Pact, any action taken by the Owner/Principal in accordance with this Integrity Agreement/ Pact or interpretation thereof shall not be subject to arbitration.Article 8- LEGAL AND PRIOR RIGHTSAll rights and remedies of the parties hereto shall be in addition to all the other legalrights and remedies belonging to such parties under the Contract and/or law and thesame shall be deemed to be cumulative and not alternative to such legal rights andremedies aforesaid. For the sake of brevity, both the Parties agree that this IntegrityPact will have precedence over the Tender/ Contact documents with regard any ofthe provisions covered under this Integrity Pact.Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 36EE(P)-I

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