Professional Documents
Culture Documents
Volume I-WAPINFRALSCBERHAMPURODISHA
Volume I-WAPINFRALSCBERHAMPURODISHA
Volume I-WAPINFRALSCBERHAMPURODISHA
/LSC/BERHAMPUR/ODISHA
TENDER DOCUMENT
FOR
Issued to M/s_______________________________________
_______________________________________
Page 1 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
IMPORTANT DATES
Page 2 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Page 3 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
TENDER DOCUMENT
FOR
Section I- NIT
Page 4 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Section I
NOTICE INVITING TENDER
Full details, specifications, terms and conditions of work shall be available in the Tender
Document for above NIT, which can be downloaded from MSTC website
(https://www.mstcecommerce.com/eprochome/wapcos) in downloadable form. The tenderer
has to ensure that the tender so downloaded is complete along with all
corrigendum/addendum, if any. Incomplete Tender shall be rejected out rightly. Tenders
received without EMD and documents pertaining to qualifying criteria mentioned in Section
III of Tender Document will be summarily rejected.
Page 5 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
The successful Tenderers shall have to comply with provision of contract labour (Regulation &
Abolition) Act, 1970 and rules appended there under if, applicable to him as applicable.
WAPCOS Limited reserves the right to accept or reject or cancel any or all tender (s) at any
stage if necessary without assigning any reason whatsoever.
The contractor should have a minimum average annual turnover of Rs. 15.10 Crores during the
last 3 years ending March 2019. Turnover Certificate for the last three years ending March
2019 shall be provided from an Independent Chartered Accountant.
The contractor should also have successfully completed similar projects during the last 7 years
ending previous day of last date of submission of tenders as prescribed below;
Three similar completed works of order value each not less than
Rs. 12.08 Crores
Or
Two similar completed works of order value each not less than
Rs. 18.12 Crores
Or
One similar completed work of order value not less than
Rs. 24.16 Crores
(Here “Similar work” refers to Building Works with provision of Civil Works, Plumbing,
firefighting and Electrical Works (Completion certificate needs to be enclosed).
The purpose of this NIT is to provide interested parties with information to assist the
preparation of their bid. While WAPCOS Limited has taken due care in the preparation of the
information contained herein, and believe it to be complete and accurate, neither it nor any of
its authorities or agencies nor any of its respective officers, employees, agents or advisors give
any warranty or make any representations, expressed or implied as to the completeness or
accuracy of the information contained in this document or any information which may be
provided in association with it.
Further, WAPCOS Limited does not claim that the information is exhaustive. Respondents to
this NIT are required to make their own inquiries/ surveys and will be required to confirm, in
writing, that they have done so and they did not rely solely on the information in NIT. WAPCOS
Limited is not responsible if no due diligence is performed by the Respondents.
Page 6 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
WAPCOS Limited, reserves the right not to proceed with the Project at site or to change the
configuration of the Project, to alter the time-table reflected in this document or to change the
process or procedure to be applied. It also reserves the right to decline to discuss the Project
further with any respondent.
The Employer reserves the right, without being liable for any damages or obligation to inform
the bidder, to:
A) Amend the scope and value of contract to the bidder
B) Reject any or all the applications without assigning any reason.
No reimbursement of cost of any type or on any account will be paid to persons or entities
submitting their Bid.
1. IMPORTANT POINTS
1.2 Bidder must not have been blacklisted or deregistered by any government
agencies or public sector undertaking. If so the same shall be brought to the notice of
the Employer.
1.3 All Bidders are hereby cautioned that Bids containing any deviation or reservation
as described in Clauses of “Instructions to Bidders” shall be considered as non-
responsive and shall be summarily rejected.
1.4 WAPCOS Ltd. reserves the right to accept or reject any or all bids without assigning any
reasons. No Bidder shall have any cause of action or claim against WAPCOS Ltd. for
rejection of his Bid.
1.5 All designs and other information submitted in response to this NIT shall be the property
of WAPCOS Limited and it shall be free to use the concept of the same at its will.
1.6 Joint Ventures are not accepted. However sub-contracting is allowed after the Award of
the Work with the approval of WAPCOS Limited upto 25% of the Contract Value. In case
of Sub-contracting the bidder needs to furnish the names of Sub- Contractors along with
their registration details, credentials accompanied by their Letter of Intent. Sub-
contractors must have experience of working in the state in similar works.
Page 7 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
1.7 WAPCOS, the Employer may appoint a third party inspection agency for quality
inspection of works on periodical basis. The expenses for appointment of this agency
shall be borne by Contractor.
2. PREPARATION OF BID
Page 8 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
TENDER DOCUMENT
FOR
Page 9 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
SECTION– II
INSTRUCTIONS TO BIDDER
1) Purpose:-
It is the purpose of these instructions to serve as a guide to Bidders for preparing offer
for carrying out the Project.
2) In case of discrepancy between quoted rate and amount, rate shall prevail. The payment
will be made as per the actual work done and item wise measurement basis. Bidders are
advised to examine the available Cost Index/ Market Rate while framing their
estimate/rates.
3) a) Submission of a tender by a tenderer implies that he has read this notice and all other
Tender Documents and has made himself aware of the scope and the specifications,
Drawings of the work to be done and of conditions of contract and local conditions and
other factors having bearings on the execution of the work.
b) While all efforts have been made to avoid errors in the drafting of the tender
documents, the Bidder is advised to check the same carefully. No claim on account of
any errors detected in the tender documents shall be entertained.
c) WAPCOS Limited desires that the bidders, suppliers, and Sub-contractors under the
Project, observe the highest standard of ethics during the performance,
procurement and execution of such contracts. In pursuance of this requirement,
WAPCOS Limited:
Defines, for the purposes of this provision, the terms set forth below:
I) “Corrupt Practice” means the offering, giving, receiving, or soliciting, directly or
indirectly, anything of value to influence improperly the actions of another party;
II) “Fraudulent Practice” means any act of submission of forged documentation, or
omission, including a misrepresentation, that knowingly or recklessly misleads,
or attempts to mislead, a party to obtain a financial or other benefit or to avoid
an obligation, or to succeed in a competitive bidding process;
III) “Coercive Practice” means impairing or harming, or threatening to impair or
harm, directly or indirectly, any party or the property of the party to influence
improperly the actions of a party;
IV) “Collusive Practice” means an arrangement between two or more parties
designed to achieve an improper purpose, including influencing improperly the
actions of another party.
Page 10 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Will reject the award of Contract, even at a later stage, if it determines that the
bidder recommended/ selected for award/awarded has, directly or through an
agent, engaged in Corrupt, Fraudulent, Collusive, Or Coercive Practices in
competing for the Contract;
Will have the right to require the bidders, or its suppliers, contractors and
consultants to permit WAPCOS Limited to inspect their accounts and records and
other documents relating to the bid submission and contract performance and
to have them audited by auditors appointed by WAPCOS Limited at the cost of
the bidders.
The Bidder must obtain for himself on his own responsibility and at his own
expenses all the information which may be necessary for the purpose of making
a bid and for entering into a contract, must inspect the sites of the work,
acquaint himself with all local conditions, means of access to the work, nature of
the work and all matters pertaining thereto. WAPCOS Limited will in no case be
responsible or liable for those costs, regardless of the conduct or outcome of the
bidding process.
d) Each page of the Tender documents should be stamped and signed by the person or
persons submitting the Tender in token of his/their having acquainted himself/
themselves and accepted the entire tender documents including various conditions
of contract. Any Bid with any of the Documents not so signed is liable to be
rejected at the discretion of WAPCOS Limited. The signatures shall be in blue ink.
e) The tender prepared by the Bidder and all correspondence and documents relating
to the tender exchanged between the Bidder and WAPCOS Limited shall be in the
English language.
f) The bidder shall attach the original authorization letter/power of Attorney as the
proof
Page 11 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
g) The contract shall be governed by General Conditions for Contract (GCC), Special
Conditions of Contract, Technical Specification (TS), addendum / clarification /
corrigendum etc. and all other relevant conditions on the tender documents.
h) The Bidders are expected to carefully examine all the contents of the tender
documents including instructions, conditions, terms, and specifications, if required,
from WAPCOS Limited and take them fully into account before submitting their
offer. Failure to comply with the requirements as detailed in these documents shall
be at the Bidder’s own risk. Bidders which are not responsive to the requirements of
the tender documents will be rejected.
i) All Bidders are hereby explicitly informed that conditional offers or offers with
deviations from the conditions of Contract, the bids not meeting the minimum
eligibility criteria, Technical Bids not accompanied with EMD of requisite amount in
acceptable format, Bids in altered/modified formats, or in deviation with any other
requirements stipulated in the tender documents are liable to be rejected.
j) The Bid submitted on behalf of a Firm shall be signed by all the Partners of the Firm
or by a Partner who has the necessary authority on behalf of the Firm to enter into
the proposed contract. Otherwise, the bid is liable to be rejected by the WAPCOS
Limited.
k) The bidders are expected to meet the minimum eligibility criteria as given in the
Section-III to participate in this tender. WAPCOS Limited will reject the Bids that do
not meet the minimum eligibility criteria as laid down, based on their submission
along with the tender documents, even after the bid opening process is concluded.
l) The bidders shall not tamper or modify any part of the tender documents in any
manner. In case in part of the bid is found to be tampered or modified at any stage,
the bids are liable to be rejected, the contract is liable to be terminated and the full
earnest deposit/retention money/performance guarantee will be forfeited and the
bidder will be liable to be banned from doing any business with WAPCOS Limited.
m) Incomplete Price bid shall be liable to be rejected, at the discretion of WAPCOS
Limited. The total bid price shall cover the entire scope of works covered in the
tender.
i) EMD Amount of Rs. 60,40,000/- (Rupees Sixty lakhs and forty thousand only) will
have to be deposited in shape of FDR in favor of WAPCOS limited from a
Nationalized Bank payable at Gurgaon/Delhi. A part of Earnest money is acceptable
in the form of Bank Guarantee also. In such case Earnest money of Rs. 20,00,000/-
(Rupees Twenty lakhs Only) will have to deposited in shape of FDR in favor of
WAPCOS Limited from a Nationalized Bank payable at Gurgaon/Delhi and balance
Rs. 40,40,000/- (Rupees Forty lakhs and forty thousand only) in shape of irrevocable
Page 12 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
bank Guarantee from Nationalized Bank in favor of WAPCOS Ltd. BG shall be valid
for minimum 165 days from the last date of submission of tender as per format
enclosed.
ii) EMD is exempted for MSMEs (Micro, small & medium Enterprises)/ NSIC (The
National Small Industries Corporation Limited) on submission of valid proof in place
of EMD at the required date & time.
i) The offer of the bidder may not be considered for further evaluation, if the EMD is
not submitted in the form and manner as stated above and their offer is liable to
be rejected.
ii) The EMD of unsuccessful tenderer(s) will be returned to latest on or before the 30 th
day after the award of Contract. The Earnest Money deposit submitted by the
successful tenderer shall be retained by WAPCOS Limited until the Performance
Bank Guarantee (PBG) is submitted. The successful Tenderer shall accept the LOI
within 3 (Three) days from receipt of the same, failing which the EMD shall be
forfeited and the award of work may be liable to be cancelled.
iii) If any tenderer withdraws or make any changes in his offer already submitted before
the expiry of the above validity period or any extension thereof without the written
consent of the company, the EMD amount will be forfeited for such act of the
tenderer.
iv) WAPCOS Limited reserves the right of forfeiture of Earnest Money deposit (EMD) in
case of the successful tenderer.
a) After opening of Tender, revokes his tender within the validity period or
increases his earlier quoted rates.
b) Does not commence the work within the period as per LOI/Contract. In case the
LOI/Contract is silent in this regard then within 15 days after award of contract.
c) EMD shall not carry any interest.
5) WAPCOS Limited reserves the right to reject any or all the bids or to cancel the Tender,
without assigning any reason(s) whatsoever.
6) The contents of the TECHNICAL BID and FINANCIAL BID are as mentioned below:
The Technical Bid, clearly labeled as “TECHNICAL BID”, has to be submitted. It shall
consist of information for responsiveness and other information about Bidders, as
required under Tender document.
a) Technical bid shall comprise the followings:
i) Bidder’s covering letter of offer.
Page 13 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
ii) Signed & stamped NIT documents (comprising of total documents-all pages)
including documents related to Qualifying criteria as per SECTION-III of the Tender
Document.
iii) “No Deviation Certificate” in prescribed format in Bidder’s Letter Head.
iv) Earnest Money Deposit
v) No information relating to financial terms of services should be included in the
technical bid. Bids are to be submitted to determine that the bidder has a full
comprehension of the tendered work. Where a bidder technical submittal is found
non- compliant with the requirement or work, it may be rejected. This process is
to assure that only technical acceptable bids are considered for the tendered
work.
vi) Constitution & Legal Status along with attested copies of Deeds/Incorporation
Certificate, Articles and Memorandum of Association etc. as Applicable.
vii) Power of Attorney in original in favor of the person signing the tender. In case the
bidder is a joint venture, the members thereof should furnish a Power of Attorney
in favor of the Lead member in the Format enclosed. In case the Bidder is a joint
venture, joint Bidding agreement in the format enclosed shall be submitted by the
Bidder.
viii) Details of Financial Status i.e. Name of the Banker & Current Solvency Certificate
from the Banker for a sum of at least Rs. 12.08 Crores. Solvency Certificate shall
be issued after the date of publishing of NIT.
ix) The Construction agency should have liquid assets or availability of Credit facilities
for meeting the monthly fund requirement.
x) Yearly sales Turnover and Audited Balance Sheet for Last 5 (Five) years ending on
the financial year 2018-19. Year in which no turnover is shown would be
considered for working out the average.
xi) The Bidder should not have incurred any loss (Profit after tax should be positive) in
more than two years during the last Five financial years ending on the financial
year 2018-19.
xii) Copy of P.F, ESI and GST Registration Certificate
xiii) PAN No. (With a copy)
xiv) Name(s) of the Owner/Partners/Promoters and Directors of the firm / company.
xv) Information on litigation history, liquidated damages, disqualification etc. in
Tenderer’s Letter Head.
xvi) Details of similar type of work executed indicating value of works in each contract
with self-attested documentary evidence such as copy/copies of completion
Certificate(s) along-with LOI(s)/W.O(s) from respective Owner(s)/Client(s)
mentioning name and nature of work(s), date(s) of commencement and value(s) of
the job(s) executed during last Seven years.
Page 14 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Cost of Bidding
The Bidder shall bear all costs associated with the preparation and submission of the Bid
as well as costs associated for facilitating the evaluation. WAPCOS Limited shall in no case
be responsible or liable for these costs, regardless of the conduct or outcome of the
bidding process.
Language of Bid
The Bid and all related correspondence and documents relating to the Project shall be in
English language only. Supporting documents and printed literature furnished by the
Bidder may be in another language provided they are accompanied by an accurate English
translation which shall be certified by a qualified translator. Any material that is submitted
in a language other than English and which is not accompanied by an accurate English
translation will not be considered.
Currency of Bid
Bid prices shall be quoted in Indian Rupees.
Outermost cover:
It shall be super scribed with offer for “Name of the Project” (WAP/
INFRA./LSC/BERHAMPUR/ODISHA) and shall be addressed to “The General Manager
(Infra.), Room No. C- 12, WAPCOS Limited 76-C, Sector-18, Institutional Area, Gurgaon -
122015 (Haryana)” and should reach this office as mentioned above on or before
08.07.2019up to 3.00 P.M
Due date of submission shall be written on all the covers/envelopes of the bid without fail.
Bids received after the due date and time shall not be accepted. Telegraphic or Fax or E-
Mail offers shall not be accepted under any circumstances.
Page 15 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
7) Tender submitted by tenderer shall remain valid for acceptance for a period of 180 (One
Hundred and Eighty) days from the date set for submission of the tender. The tenderer
shall not be entitled within the said period of 180 (One Hundred and Eighty) days to
revoke or cancel or vary the tender given or any item thereof. In case tenderer revokes
or cancels or varies his tender in any manner without the consent of WAPCOS Limited,
within this period, his earnest money will be forfeited.
Price Bids of those Bidders who will be technically qualified for the subject job on the basis
of evaluation of technical bids, will be opened on specified date. The date & time to open
the price bid (Part-II) shall be intimated to the bidders and in such a case, one
representative of the bidder shall be allowed to attend. WAPCOS’s decision in this regard is
final & binding. The lowest Financial Bid so opened shall be awarded the work (L-1 Bidder).
Acceptance of WAPCOS LTD. is a prerequisite for consideration of Bidder’s offer for this
contract. Accordingly, Bidder(s) not acceptable to WAPCOS LTD. shall not be considered and
shall be rejected by WAPCOS Limited and no correspondence and claim etc. from the Bidder
in pursuant to the Tender shall be entertained by WAPCOS Limited under any circumstances
whatsoever
Digital Certificates
Page 16 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Page 17 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
4. Once the registration is done, login with your user name and password:
Page 18 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
8. Once login is complete, a bidder can access My Menu through the left side of the page:
Page 19 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
10. To submit the bid a bidder can proceed to Bid Floor through the left side My menu. In
Bid Floor click on live events to view a list of Live events. In live events select the tender
number where you wish to submit a bid.
11. On clicking the event number, if the bidder has not paid transaction fee, system will
prompt them to pay the transaction fee. They can pay the transaction fee by going to
Transaction Fee payment link in their login, and pay the same through online payment
(debit card, credit card, net banking etc) or RTGS/NEFT (Challan).
12. Tender can be of multiple types with price bid uploading in Excel or Technical-Price type.
The bid floor for each type of event will change automatically.
On clicking the tender number one of the following screens will appear:
Page 20 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
13. For each type of event the event details including start time and close time the details
will be given on the top of the page.
14. To submit the tender the bidder has to start from top left and submit the details one by
one.
15. For 2 cover with price bid in excel, the bidder has to submit technical bid, by filling the
details and clicking the save button.
a) After the technical bid is saved, a bidder can proceed to uploading documents through
the link upload docs:
b) Please note that under no circumstance the price bid excel has to be uploaded here.
c) After the documents have been uploaded, the bidder can click on download excel to
download the excel format.
d) Fill up the excel sheet as per the details given therein and tender document.
Page 21 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
e) To upload the filled up excel click on Upload Price Button, click on browse to select the
file and then click on Upload and Save encrypt file.
f) The bidder can then click on final submit to finally submit the bid. In case of any
amendments after final submit, click on delete bid button to delete the techno-
commercial and price bids and resubmit the same. Please note that at the end the bid
must be final submit, otherwise the same will not be considered.
16. For E-Tender Technical Cum Price Bid:
a) In the manner similar to above the bidder has to fill up Common terms, then press
save button to submit.
b) Then the bidder has to upload documents as per the list shown therein.
c) Once the documents are uploaded the bidder has to submit the Technical and Price
bids.
d) The bidder can then click on final submit to finally submit the bid. In case of any
amendments after final submit, click on delete bid button to delete the techno-
commercial and price bids and resubmit the same. Please note that at the end the
bid must be final submit, otherwise the same will not be considered.
Bidder’s may note that in each case using the Delete bid button will only delete the bids and
then the bidder can resubmit upto tender closing time.
Using the withdraw button the bid will be withdrawn and the bidder will not be allowed to
submit any further bid in that event.
For any assistance during bid submission, system settings etc. bidders may contact at MSTC:
Phone Number:- 03322901004, 01123212357, 01123215163, 01123217850
Email :- mstcnro@mstcindia.co.in
Please mention “Helpdesk” as subject while sending emails
Availability :- 10 AM to 5:30 PM on all working days.
For any assistance regarding the Tender Document and/or term and conditions the bidders
may contact at WAPCOS:
Page 22 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
WAPCOS Contact
WAPCOS Contact Person Sanjay Sharma
General Manager (Infra.)
Telephone/ Mobile +91-124-2348021
E-mail ID commercial@wapcos.co.in
Page 23 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
TENDER DOCUMENT
FOR
Page 24 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
SECTION-III
QUALIFYING CRITERIA
Qualifying Criteria for participating in the Tender for “Name of the Project”
The Tenderer who wish to participate in the Tender shall fulfill the following Qualifying Criteria.
i) The contractor should have the expertise and experience to provide complete
solution for similar work.
b) The contractor should have a solvency of at least Rs. 12.08 Crores in order to fund
the project till the time the invoices get paid. The bidder shall provide a solvency
certificate from the Bank issued after publishing date of NIT.
c) The Bidder should not have incurred any loss (Profit after tax should be positive) in
more than two years during the last Five financial years ending on the financial year
2018-19.
d) The contractor should have minimum annual average turnover of Rs. 15.10 Crores
during the last 3 years .The bidder shall furnish a certified copy of audited financial
statements in support of the claim.
e) The contractor should also have successfully completed during last Seven years
ending previous day of last date of submission of tenders of minimum values
specified herein below:
Three similar completed works of order value each not less than
Rs. 12.08 Crores
Or
Two similar completed works of order value each not less than
Page 25 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
f) 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 previous day of last date of submission of tenders.
(Here “Similar work” refers to Building Works with provision of Civil Works, Plumbing,
firefighting and Electrical Works (Completion certificate needs to be enclosed).
2) The company reserves the right to waive minor deviations if they do not materially
affect the capability of the Tenderer to perform the contract.
3) BID Capacity: The Bidder who interalia meet the minimum qualification criteria will be
qualified only if their available Bid Capacity is more than the Total Tendered Value. The
available Bid Capacity will be calculated as per following based on information
mentioned enclosed in the Bid Format for Bid Capacity.
Assessed available Bid Capacity =(A*N*2-B), Where
N= Number of years prescribed for completion of work for which Bid is invited
A= Maximum value of civil engineering works in respect of projects executed in any one
year during the last five years (updated to the price level of the year indicated in table
below under note) taking into account the completed as well as works in progress. The
Projects include turnkey project/item rate contract/ Construction works.
B = Value (updated to the price level of the year indicated in table below under note)
of existing commitments and on-going works to be completed during the period of
completion of the works for which BID is invited.
Note-1: The Statement showing the value of all existing commitments and ongoing
works as well as the stipulated period of completion remaining for each of the works
listed should be countersigned by the Client or its Engineer-in-charge not below the rank
of Executive Engineer or equivalent in respect of Projects or Concessionaire / Authorized
Signatory of SPV in respect of BOT Projects and verified by Statutory Auditor. The factor
for the year for up-dation to the price level is indicated as under:
Page 26 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Note-2:In case of a joint venture, the available bid capacity will be applied for each
partner to extent of his proposed participation in the execution of the works.
Page 27 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
TENDER DOCUMENT
FOR
Page 28 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
SECTION IV
2) All terms & conditions namely General Conditions of Contract, Special Conditions of
Contract, Technical Specification, Corrigendum/Amendments/Clarification, if any
incorporated with this bidding document applicable to WAPCOS Limited shall also be
binding and construe as part of this tender document unless amended/altered or
clarified specifically here-in and such additional stipulation/clarification shall have an
overriding effect over Scope of work, General Conditions of Contract, Special Conditions
of Contract , Technical Specification, Corrigendum/Amendments/Clarification etc.
SCOPE OF WORK
PROJECT DESCRIPTION
A Sports Complex is proposed in the town of BERHAMPUR which falls in the district Ganjam,
Odisha approximately 173 K.M. from Bhubaneswar. The proposed Integrated Sports Complex
with total site area of approximately 56182 square meters. The proposed Integrated Sports
Complex shall include following facilities with their Built up Area:-
1. Cricket ground with drainage & irrigation system with existing stands of capacity 4200
persons and proposed stand with capacity 800 person’s capacity.
2. Olympic size swimming pool (25mx50m) with support block and 500 persons seating
capacity.
3. Multipurpose Indoor Hall with 240 person’s seating capacity.
4. 2 No. Tennis Courts.
5. Basket Ball.
6. Volley Ball.
7. External Development - Parking for 245 cars, External Roads and Landscaping Area.
The Scope of work of project for Contractor includes, but not limited to
Page 29 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
o Construction and completion of all Civil, Electrical, Mechanical (pumps, panels &
fittings), Plumbing, Works of the Sewerage Treatment Plant (Capacity-150KLD), Pump
Rooms and Underground tanks which include Domestic Water Tank and Fire Fighting
Water Tank of Capacity as specified and allied work for entire site area including
Multipurpose Hall.
o Signage, Murals, Artwork of Sports complex Buildings like Swimming Pool Stands as
specified and mandatory / Regulatory Signage board.
o Construction and completion of all Civil, Electrical, Mechanical (pumps & panels &
fittings), Plumbing, Works of the Overhead tanks which include RCC Domestic Water
Tank, and Fire tank & allied work.
o Repair of existing RCC Stands.
o Dismantling of existing Building Structure, Road, outdoor courts, chain link fencing
etc.
o Horticulture and street lighting as specified and required in Integrated Sports
Complex.
o Connection of all building from existing water supply line from Underground Tanks,
Sewage network, Drainage systems and Electrical substation etc. to make building
habitable.
2. Electrical Works and Fire Alarm System, Lighting Works including transformer, panels,
diesel generator etc.
3. Ventilation Systems as per the provisions with all civil works, electrical & mechanical
equipments
Notwithstanding the Employer has provided certain information, the scope of work shall
include obtaining necessary approvals during Construction Stage which are required for the
completion of the project. The bidder shall be responsible right through the entire duration
of the Project for execution of all works from the conception till commissioning and
handing over of the Project complete with all respects ready to use and shall remove all
defects, if any, developed during Defects Liability Period (DLP).
Page 30 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
The Bidder shall visit the site and collect whatever information he may require before
submission of bid at their own cost.
The Contractor before proceeding with the work shall verify all surveys, Geotechnical
investigations, design and drawings. The Contractor shall provide detailed construction
drawings for approval before proceeding with the Construction work.
The Contractor shall submit monthly physical and financial progress report to the
Employer.
The Contractor shall ensure soundness of construction and defect free operation for a
period of 1 year after commissioning.
The responsibility of the Bidder shall include carrying out all the activities for the
completion of the Project which generally shall include the following and any additional
activities incidental to these:-
The Contractor shall be responsible for providing plant, equipment, materials and labour
for the provision of all necessary Permanent/Temporary Works, site installations and
services required for the realisation of the Works under this Contract.
The Contractor shall design, furnish, set-up, maintain and operate at the Site all
Permanent/Temporary Works, site installations and Contractor's Equipment for his own
use, or required by the Contractor, including camps, workshops, warehouses, storage
and assembly areas, all machinery, vehicles, scaffolding, equipment, water and power
supply, etc.
Permanent/Temporary Works and services provided and operated by a Contractor for
his own use as well as for that of the Employer shall conform to the applicable Indian
laws, regulations, standards, codes and sanitary requirements stipulated for such
purpose. In addition, they shall comply fully with all Indian laws and regulations relating
with environmental protection, mitigating measures for reducing environmental
impacts and remedial works on completion of the Works.
The design, construction, operation and maintenance of a Contractor's
Permanent/Temporary Works and services may be subject to inspection by the
Employer.
All plants, camp facilities, installations and services provided by a Contractor for his own
use as well as for that of the Employer's wherever applicable shall at all times remain his
property, except when otherwise specified hereinafter. Should, after the Completion of
Contract, the Contractor will transfer the developed amenities to Employer after
operation and maintenance in a good working condition.
Page 31 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Handing over of the Infrastructure in good working condition with all relevant
documents such as as-built drawings, physical & operational condition of the assets,
Project Completion Report, O&M manual, periodical reports along with soft copy to
employer.
The Permanent/Temporary site roads which a Contractor shall construct, and maintain
required for the various working areas, camps, and facilities and other
Permanent/Temporary works.
Any other facility and / or Infrastructure that may be required by the Contractor or
Employer shall be proposed by the Contractor along with detailed design / drawings for
the approval of Employer. All infrastructures existing prior to the award of work or
constructed by the Contractor shall be properly maintained in a good condition and may
be upgraded as per the requirements of Employer.
Within 14 days from the date of issue of the Letter of Acceptance, the Contractor shall
submit to the Employer updated layout drawings showing, at adequate scale, the
locations and arrangement of all his Permanent/Temporary Works and facilities. These
drawings shall be consistent with the plan submitted by the Contractor with his Tender,
as well as, with any amendments and additions subsequently agreed to by the Employer
and the Contractor; and shall include:
a) Camps for Contractor's employees,
b) Water supply, sewerage, sewage treatment and disposal, power supply and
illumination, telephone service, etc.
c) Permanent/Temporary road works, including public road diversions.
The Contractor shall forthwith comply with and duly execute any work comprised in such
WAPCOS Limited’s instructions, provided always that verbal instructions, directions and
explanations given to the Contractor or his representative upon the works by WAPCOS Limited
shall if involving a variation be confirmed in writing to the Contractor/s within seven days. No
works, for which rates are not specifically mentioned in the priced schedule or quantities, shall
be taken up without written permission of WAPCOS Limited. Rates of items not mentioned in
the priced Schedule of Quantities shall be fixed by WAPCOS Limited as provided in the
corresponding clauses of the tender document.
Regarding all factory made products for which ISI marked products are available, only products
bearing ISI marking shall be used in the work. Other products should be supplied as per the
brand name mentioned in the Technical Specifications and Special Conditions of Contract.
3) DEFINITIONS:
The following words and expressions shall have the meanings hereby assigned to them.
a) The “Owner” shall mean “Department of Sports & Youth Services, Government of
Odisha” having their office at C-1, Nayapalli, Bubaneshwar -751012, Odisha.
Page 32 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
c) The “COMPANY” shall mean WAPCOS Limited having its Corporate office at 76-C,
Sector-18, Institutional Area, Gurgaon-122015 (Haryana) and include their
successors and permitted assigns as well as their authorized officers/
representatives.
d) The “Accepting Authority” shall mean the authority mentioned in the Instructions to
Bidders of the Tender Document.
f) “TENDERER/BIDDER” shall mean the firm/party who quotes against this Notice
Inviting Tender.
g) “TENDERED VALUE” shall mean the sum accepted in this tender or the sum
calculated in accordance with the prices accepted in this tender or the contract rates
as payable to the Contractor by WAPCOS Limited for the entire execution and full
completion of work with respect to scope of work of Contractor.
h) The “Contractor/Successful Bidder” shall mean the firm or company whose bid has
been accepted by WAPCOS Limited and shall include legal representative or
successors or permitted assigns of such firm or company as the case may be.
i) The "Contract" shall mean the Notice Inviting Tender, the tender and acceptance
thereof and the formal agreements if any, executed between WAPCOS Limited and
the Contractor together with documents referred to therein including their
conditions with SECTION and any Special Conditions of Contract, the specifications,
designs, drawings etc. All these documents taken together shall be deemed to form
one contract and shall be complementary to one another.
Page 33 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
j) "Contract Price" shall mean the sum accepted or the sum calculated in accordance
with the prices accepted in tender or the contract rates as payable to the Contractor
for the entire execution and full completion of work.
k) "Site" or "Work Site" shall mean the site of the contract works and shall include the
lands, buildings and other erection thereupon, or under, in or through which the
works are to be executed or carried out and any other lands or places provided by
WAPCOS Limited for the purpose of the contract.
l) Words imparting the singular only also include the plural and vice-versa when the
context requires. Words imparting persons include firms and Corporations and vice
versa where the context requires.
o) The “Period of Liability” in relation to the contract means the specified period from
the date of Issue of completion certificate by the Company.
p) The “Appointing Authority” for the purpose of arbitration shall be the Chairman Cum
Managing Director of the Company or any other persons as designated by him.
r) “Letter of Intent (LOI)” shall mean an intimation by a letter to tenderer that the
tender has been accepted in accordance with the provisions contained therein and
shall be issued by the Chairman Cum Managing Director of the Company or his
authorized representative.
Page 34 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
4) PERFORMANCE GUARANTEE
1. The Successful Bidder shall within Ten (10) days of the acceptance of the LOI, execute a
Performance Bank Guarantee as per contract, from a Nationalised/Scheduled Bank, for
an amount equivalent to the 5% of the accepted Contract Value, which shall be kept
valid for the entire period of work, i.e. till the issue of completion Certificate. The EMD
of the successful Bidder shall be retained by WAPCOS Limited until the PBG is
submitted.
The Performance Bank Guarantee of the successful Bidder will be invoked and forfeited
if he fails to comply with any of the conditions of contract.
2. The Contractor shall from time to time at the request of the WAPCOS Limited suitably
extend the validity of Performance Bank Guarantee as may from time to time be
required by WAPCOS Limited, failing which, without prejudice to any other right or
remedy available to WAPCOS Limited, WAPCOS Limited shall be entitled to encash the
Bank Guarantee.
Page 35 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
TENDER DOCUMENT
FOR
BID FORMATS
(As applicable)
Page 36 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
To,
The General Manager (Infra.)
WAPCOS LTD.
76-C, Sector-18
Institutional Area,
Gurgaon-122015 (Haryana)
Sir,
Having examined the details given in press notice and bids document for the above work, I/We
hereby submit the relevant information.
1. I/we hereby certify that all the statement made and information supplied in the
enclosed forms and accompanying statement is true and correct.
2. I/we have furnished all information and details necessary for eligibility and have no
further pertinent information to supply.
3. I/we submit the requisite certified solvency certificate and authorize the General
Manager (Infra.), to approach the Bank issuing the solvency certificate to confirm the
correctness thereof. I/we also authorize General Manager (Infra.) to approach
individuals, employers, forms and corporation to verify our competence and general
reputation.
4. I/we submit the following certificates in support of our suitability, technical knowledge
and capability for having successfully completed the following eligible similar works:
Page 37 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Certificate:
It is to certify that the information given in the enclosed eligibility bid is correct. It is
also certified that I/we shall be liable to be debarred, disqualified/cancellation of
enlistment in case any information furnished by me/us found to be incorrect.
Enclosures:
Seal of bidder
Date of Submission:
Signature(s) of Bidder(s)
Page 38 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
1.
a) Name:
b) Country of incorporation
c) Address of the corporate headquarters and its branch office(s),:
d) Date of incorporation and/ or commencement of business:
2. Brief description of the Bidder including details of its main lines of business and
proposed role and responsibilities in this Project:
3. Details of individual(s) who will serve as the point of contact/ communication for
the Employer:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number: Landline: Mobile:
(f) E-Mail Address:
(g) Fax Number:
Page 39 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
6. A statement by the Bidder and each of the Members of its Joint Venture
(where applicable) disclosing material non-performance or contractual non-
compliance in past projects, contractual disputes and litigation/ arbitration in
the recent past is given below (Attach extra sheets, if necessary)
Page 40 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
1.
If bidder have either failed to perform
on any
3.
Updated details of on-going
process of blacklisting if so, under any
contract with Authority / Government
on the Bidder including any of its Joint
Venture members.
Page 41 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
A table containing value of Civil Engineering Works in respect to Projects (Turnkey projects
/ Item rate contract/ Construction works) undertaken by the Bidder during the last 5
years is as follows:
Maximum value of projects that have been undertaken during the F.Y. out of the last
5 years and value thereof is Rs. Crores (Rupees ).
Further, value updated to the price level of the year indicated in Appendix is as follows:
…………………….. …………………………
…………………….. ………………………….
Authorised Signator
A table containing value of all the existing commitments and on-going workings to be
completed during the next years is as follows:
Page 42 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
The Statement showing the value of all existing commitments and ongoing works as well
as the stipulated period of completion remaining for each of the works mentioned
above is verified from the certificate issued that has been countersigned by the Client or
its Engineer-in-charge not below the rank of Executive Engineer or equivalent in respect
of Projects or Concessionaire / Authorised Signatory of SPV in respect of BOT Projects. No
awarded / ongoing works has been left in the aforesaid statement which has been awarded
to M/s………………individually / and other member M/s ……………….. and M/s……………….,
as on due date of this tender.
…………………….. …………………………
…………………….. …………………………. Name of the Statutory Auditor’s firm
Authorised Signator Seal of the audit firm: (Signature, name
and designation and Membership No. of
For and on behalf of ……………… (Name
authorised Signatory
signatory) of the Bidder)
Page 43 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Know all men by these presents, We…………………………………………….. (name of the firm and
address of the registered office) do hereby irrevocably constitute, nominate, appoint and
authorise Mr/ Ms (Name), …………………… son/daughter/wife of ……………………………… and
presently residing at …………………., who is presently employed with us/ the Lead Member of our
Joint Venture and holding the position of……………………………. , as our true and lawful
attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all
such acts, deeds and things as are necessary or required in connection with or incidental to
submission of our BID for the Project ………………………………………………………………proposed or
being developed by the ***** (the “Employer”) including but not limited to signing and
submission of all applications, BIDs and other documents and writings, participate in Pre-BID
and other conferences and providing information/ responses to the Authority, representing us
in all matters before the Authority, signing and execution of all contracts including the
agreement and undertakings consequent to acceptance of our BID, and generally dealing
with the Authority in all matters in connection with or relating to or arising out of our BID for
the said Project and/ or upon award thereof to us and/or until the entering into of the Contract
with the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds
and things done or caused to be done by our said Attorney pursuant to and in exercise of the
powers conferred by this Power of Attorney and that all acts, deeds and things done by our
said Attorney in exercise of the powers hereby conferred shall and shall always be deemed
to have been done by us.
IN WITNESS WHEREOF WE, ………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS
POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..
For …………………………..
(Signature, name,
designation and address) of
person authorized by Board
Resolution
(in case of Firm/ Company)/
partner in case of
partnership firm
Witness
1
2
Accepted
……………………………
(Signature) (Name, Title and Address of the Attorney)
Page 44 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
(Notarised)
Person identified by me/
personally appeared before me
Page 45 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF
ATTORNEY ON THIS …………………. DAY OF ………. 2..…
Page 46 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
(Executants)
(To be executed by all the Members of the Joint Venture)
Witnesses:
1.
2.
3.
Page 47 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Page 48 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Conditions of Contract)
2. Joint Venture
2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint Venture”) for the
purposes of jointly participating in the Bidding Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only through
this Joint Venture and not individually and/ or through any other Joint Venture constituted
for this Project, either directly or indirectly.
3. Covenants
The Parties hereby undertake that in the event the Joint Venture is declared the
selected Bidder and awarded the Project, it shall enter into Contract with the Employer
for performing all its obligations as the Contractor in terms of the Contract for the
Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as
described below:
(a) Party of the First Part shall be the Lead member of the Joint Venture and shall have
the power of attorney from all Parties for conducting all business for and on
behalf of the Joint Venture during the Bidding Process and until the Appointed
Date under the Contract;
(b) Party of the Second Part shall be {the Member of the Joint Venture; and}
(c) Party of the Third Part shall be {the Member of the Joint
Venture.}
5. Joint and Several Liabilities
The Parties do hereby undertake to be jointly and severally responsible for all obligations
and liabilities relating to the Project and in accordance with the terms of the Bid
documents and the Contract, till such time as the completion of the Project is achieved
under and in accordance with the Contract.
6. Share of work in the Project
The Parties agree that the proportion of construction in the Contract to be allocated
among the members shall be as follows:
First
Party:
Second
Party:
{Third Party:}
Further, the Lead Member shall itself undertake and perform at least 50 (fifty) per cent
of the total value of the project, if the Contract is allocated to the Joint Venture.
Page 49 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
8. Termination
This Agreement shall be effective from the date hereof and shall continue in full
force and effect until Project completion (the “Defects Liability Period”) is achieved
under and in accordance with the Contract, in case the Project is awarded to the
Joint Venture. However, in case the Joint Venture is either not pre-qualified for the
Project or does not get selected for award of the Project, the Agreement will stand
terminated in case the Applicant is not qualified or upon return of the Bid Security
Page 50 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
9. Miscellaneous
9.1 This Joint Bidding Agreement shall be governed by laws of {India}.
9.2 The Parties acknowledge and accept that this Agreement shall not be amended by
the Parties without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS
AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
1………………. 2.............................
Page 51 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
To,
The General Manager (Infra.)
WAPCOS LTD.
76-C, Sector-18
Institutional Area,
Gurgaon-122015 (Haryana)
Dear Sir,
With reference to above this is to confirm that as per Tender conditions we have visited
site before submission of our Offer and noted the job content and site condition etc. We
also confirm that we have not changed/modified, the above tender document and in
case of observance of the same at any stage it shall be treated as null and void.
We hereby also confirm that we have not taken any deviation from Tender Clause
together with other reference as enumerated in the above referred Notice Inviting
Tender and we hereby convey our unqualified acceptance to all terms & conditions as
stipulated in the Tender Document.
In the event of observance of any deviation in any part of our offer at a later date
whether implicit or explicit, the deviations shall stand null and void.
Thanking you,
Yours faithfully,
Page 52 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
I / We hereby declare that I / We and any of my / our affiliates have neither been involved, nor
have debarred by any Government/Multilateral funding agency for my / our involvement in any
corrupt or fraudulent practices in any of my /our contractual (Supply/Services)/ construction
activities.
I / We also confirm that if at any point of time, my / our involvement in any of my / our works
as corrupt or fraudulent is proved to be true, my / our proposals for the work under the
contract shall be treated as Non-Responsive.
Place:
Date:
Signature:
Name:
Seal
Page 53 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
The Tenderer shall list in this schedule all the Construction drawings / documents etc., to be
supplied by him as also the date by which each of the drawings / documents etc., would be
made available to the Employer.
Signature
_________________
(Seal)
Date ____________
Place ___________
Page 54 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
FORMATS
KNOW ALL PEOPLE by these presents that we _______________________ (name of the Bank)
having our head office at___________________________ (hereinafter called “the Bank”) are
bound unto Employer in the sum of__________________ for which payment well and truly
to be made to the Employer, the Bank binds itself, its successors and assigns by these
presents.
SEALED with the Common Seal of the said Bank this .................. day of ___________2019.
(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity
specified;
OR
(2) If the Bidder having been notified of the acceptance of his bid by -
_________________during the period of Bid Validity:
This Guarantee will remain in force up to and including the date ____________________
after the deadline for submission of Bids as is stated in the instructions to Bidders or as it
may be extended by the _______________________ notice of which extension(s) to the
Page 55 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Bank is hereby waived and notice to the bidder would constitute sufficient notice to the
Bank. Any demand in respect of this guarantee should reach the Bank not later than the
above date.
iii) Our liability to make payment shall arise and we are liable to pay the guaranteed
amount or any part thereof under this guarantee only and only if you serve upon us a
written claim or demand in terms of the guarantee on or before
____________________(indicate a period 165 days after the date of submission of
bid).
DATE SIGNATURE
.........................
...................................
(Signature of Witness)
SEAL ............................
Page 56 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
The Employer shall have the fullest liberty without affecting in any way the liability of
the Bank under this guarantee, from time to time, to vary the advance or to extend the time for
performance of the Contract by the Contractor. The Employer shall have the fullest liberty
Page 57 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
without affecting this guarantee, to postpone from time to time the exercise of any powers
vested in them or of any right which they might have against the Contractor and to exercise the
same at any time in any manner, and either to enforce or to forbear to enforce any covenants,
contained or implied, in the Contract between the Employer and the Contractor or any other
course or remedy or security available to the Employer. The bank shall not be released of its
obligations under these presents by any exercise by the Employer of its liberty with reference
to the matters aforesaid or any of them or by reason of any other act or forbearance or other
acts of omission or commission on the part of the Employer or any other indulgence shown by
the Employer or by any other matter or thing whatsoever which under law would but for this
provision, have the effect of relieving the Bank.
The bank also agrees that the Employer at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance without proceeding
against the Contractor and notwithstanding any security or other guarantee that the Employer
may have in relation to the Contractor's liabilities.
We The Said Bank do hereby declare that we have absolute and unconditional power to
issue this guarantee in your favour under the Memorandum and Articles of Association or such
other constitutional documents of the Bank and the undersigned have full power to execute
this guarantee under the Power of Attorney/ Post Approval Authorization
dated_____________________ of the bank granted to him / us by the Bank. We the said bank
do hereby declare and undertake that your claim under the guarantee shall not be affected by
any deficiency or other defect in the powers of the bank or its officials and the guarantee shall
be deemed to have been issued as if the bank and its officials have all the powers and
authorization to give this guarantee on behalf of the bank.
We the said bank does hereby certify the genuineness and appropriateness of the
Stamp paper and stamp value used for issuing the guarantee. We the said bank does hereby
declare and undertake that your claim under the guarantee shall not be affected by any
deficiency or other defect in the stamp paper or its stamp value.
We the said bank do hereby declare that our payments hereunder shall be made to you,
free and clear of and without and deduction, reduction on account of any reasons including any
and all present and future taxes, levies, charges of withholding whatsoever imposed or
collected with respect thereto.
Notwithstanding anything contained hereinabove our liability under this guarantee is limited to
Rs.______________(Rupees ________________only) and it shall remain in force upto and
including ________________and shall be extended from time to time for such period (not
Page 58 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
exceeding one year), as may be desired by M/S _____________on whose behalf this bank
guarantee has been given.
ii) Our liability under this guarantee shall not exceed Rs.__________(Rupees
_______________________only);
iii) This bank guarantee shall be valid upto ________________ and
iv) our liability to make payment shall arise and we are liable to pay the guaranteed
amount or any part thereof under this guarantee, only and only if you serve upon us
a written claim or demand in terms of the guarantee on or before
___________(indicate a date twelve months after the validity of the guarantee).
WITNESS
_______________________ ________________________
(Signature) (Signature)
________________________ ________________________
(Name) (Name)
________________________ ________________________
(Official address) (Designation with bank stamp)
Page 59 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
WAPCOS Limited,
76-C, Sector 18,
Gurgaon-122015.
We the said Bank further agree that the guarantee herein contained shall remain in full
force and effect during the period that would be taken for the performance of the said Contract
and that it shall continue to be enforceable till all the dues of the Employer under or by virtue
of the said contract have been fully paid and its claims satisfied or discharged or till the
Employer certifies that the terms and conditions of the said Contract have been fully and
properly carried out by the said Contractor and accordingly discharges the guarantee.
Page 60 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
The Employer shall have the fullest liberty without affecting in any way the liability of
the Bank under this guarantee, from, time to time to extend the time for performance of the
Contract by the Contractor. The Employer shall have the fullest liberty without affecting this
guarantee, to postpone from time to time the exercise of any powers vested in them or of any
right which they might have against the Contractor and to exercise the same at any time in any
manner and either to enforce or to forbear to enforce any covenants, contained or implied, in
the Contract between the Employer and the Contractor or any other course or remedy or
security available to the Employer. The bank shall not be released of its obligations under these
presents by any exercise by the Employer of its liberty with reference to the matters aforesaid
or any of them or by reason of any other act or forbearance or other acts of omission or
commission on the part of the Employer or any other indulgence shown by the Employer or by
any other matter or thing whatsoever which under law would but for this provision, have the
effect of relieving the Bank. The guarantee shall not be affected by a change in the constitution
of the bank or of the employer.
The bank also agrees that the Employer at its option shall be entitled to enforce this
Guarantee against the Bank as a principal debtor, in the first instance, without proceeding
against the Contractor and notwithstanding any security or other guarantee that the Employer
may have in relation to the Contractor's liabilities.
We The Said Bank do hereby declare that we have absolute and unconditional power to
issue this guarantee in your favour under the Memorandum and Articles of Association or such
other constitutional documents of the Bank and the undersigned have full power to execute
this guarantee under the Power of Attorney/ Post Approval Authorization
dated_____________________ of the bank granted to him / us by the Bank. We the said bank
do hereby declare and undertake that your claim under the guarantee shall not be affected by
any deficiency or other defect in the powers of the bank or its officials and the guarantee shall
be deemed to have been issued as if the bank and its officials have all the powers and
authorization to give this guarantee on behalf of the bank.
We the said bank do hereby certify the genuineness and appropriateness of the Stamp
paper and stamp value used for issuing the guarantee. We the said bank do hereby declare and
undertake that your claim under the guarantee shall not be affected by any deficiency or other
defect in the stamp paper or its stamp value.
We the said bank do hereby declare that our payments hereunder shall be made to you,
free and clear of and without and deduction, reduction on account of any reasons including any
and all present and future taxes, levies, charges of withholding whatsoever imposed or
collected with respect thereto.
Page 61 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Notwithstanding anything contained hereinabove our liability under this guarantee is restricted
to Rs. _____________(Rupees ____________________ only) and it shall remain in force upto
and including _____________ and shall be extended from time to time for such period as may
be desired by M/S WAPCOS Limited on whose behalf this bank guarantee has been given.
i) Our liability under this guarantee shall not exceed Rs. _____________ (Rupees
_______________ only);
ii) This bank guarantee shall be valid upto _____________; and
iii) our liability to make payment shall arise and we are liable to pay the guaranteed
amount or any part thereof under this guarantee, only and only if you serve upon us
a written claim or demand in terms of the guarantee on or before
_________(indicate a date twelve months after validity of guarantee).
Page 62 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
Years
Page 63 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
This is to certify that to the best of our knowledge and information that M/s./Sh………………..
having marginally noted address, a customer of our bank are/is respectable and can be treated
as good for any engagement up to a limit of Rs. ………..(*Rupees……….).
This certificate is issued without any guarantee or responsibility on the bank or any of the
officers.
(Signature)
NOTE
(1) Banker’s certificate should be on letter head of the bank, sealed in cover addressed to
tendering authority.
(2) In case of partnership firm, certificate should include names of all partners as
recorded with the bank
Page 64 of 72
TENDER NO: WAP/ INFRA./LSC/BERHAMPUR/ODISHA
DETAILS OF ELIGIBLE SIMILAR NATURE OF WORKS COMPLETED DURING THE LAST SEVEN YEARS ENDING PREVIOUS DAY OF LAST DATE OF
SUBMISSION OF TENDER
S. Name of Owner Cost of work in Date of Stipulated Actual Litigation/arbitration Name and Whether the work
work and sponser/ Crores of Commencement date of date of cases pending/in address/telephone was done on back
No. to back basis
location organizer Rupees as per contract completion completion progress with details number of officer
Yes/No
1 2 3 4 5 6 7 8 9 10
Signature of Bidder(s)
Page 65 of 72
TENDER NO: WAP/ INFRA./CS/PURI/ODISHA
INTEGRITY PACT
Between
And
Preamble
The Principal intends to award, under laid –down organizational procedures, contract/s for (Name of
the Work). The Principal values full compliance with all relevant laws and regulations, and the
principles of economical use of resources, and of fairness and transparency in its relation with its
Bidder/s and /or Contractor/s.
In order to achieve these goals, the Principal Cooperates with the renowned international Non-
Governmental Organization “Transparency International” (TI) Following TI’s national and international
experience, the Principal will appoint an external independent Monitor who will monitor the tender
process from the beginning till execution of the contract for compliance with the principles
mentioned HEREIN.
1. The Principal commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
Page 66 of 72
TENDER NO: WAP/ INFRA./CS/PURI/ODISHA
II. The Principal will, during the tender process treat all Bidders with equity and reason. The
principal will in particular, before and during the tender process, provide to all Bidders the
same information and will not provide to any Bidder confidential/additional information
through which the Bidder could obtain an advantage in relation to the tender process or
the contract execution.
III. The Principal will exclude from the process all known prejudiced persons.
2. If the Principal obtains information on the conduct of any of its employees which is a criminal
offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion
in this regard, the Principal will inform its Vigilance Office and in addition can initiate
disciplinary action.
1. The Bidder / Contractor commit 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.
I. The Bidder / Contractor will not, directly or through any other person or firm, offer,
promise or give to the Principal, to any of the Principal’s employee involved in the tender
process or the execution of the contract or to any third person any material or immaterial
benefit which he/she is not legally entitled to, in order to obtain in exchange an advantage
during the tender process or the execution of the contract.
II. The Bidder / Contractor will not enter with other Bidders into any illegal agreement or
understanding, whether formal or informal. This applies in particular to prices,
specifications, certifications, subsidiary contracts, submission or non-submission of bids or
action to restrict competitiveness.
III. The Bidder / Contractor will not commit any criminal offence under the relevant Anti-
corruption Laws of India, further the Bidder/Contractor will not use improperly, for
purposes of competition or personal gain, or pass on to others, any information provided
by the Principal as part of the business relationship, regarding plans, technical proposals
and business details, including information contained or transmitted electronically.
IV. The Bidder/Contractor will, when presenting his bid, disclose 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.
2. The Bidder / Contractor will not instigate third persons to commit offences outlined above or
be an accessory to such offences.
Page 67 of 72
TENDER NO: WAP/ INFRA./CS/PURI/ODISHA
3. The Bidder / Contractor may indicate the advantage of his offer compared to the tender terms
and conditions. The Bidder / Contractor shall not make any commitment whatsoever on the
offers / products of other bidder(s) thereby influencing the principal to take decision of the
former.
Section 3 – Disqualification from tender process and exclusion from future contract
1. If the Bidder, before contract award, has committed a serious transgression through a violation of
Section 2 or in any other form such as to put his reliability or credibility as Bidder into question,
the Principal is entitled to disqualify the Bidder from the tender process or to terminate the
contract, if already signed, for such reason.
3. If the Bidder / Contractor can prove that he has restored/recouped the damage caused by him
and has installed a suitable corruption prevention system, the Principal may revoke the exclusion
prematurely.
1. If the Principal has disqualified the Bidder from the tender process prior to the award according
to Section 3, the Principal is entitled to forfeit the bidders Earnest Money Deposit.
2. If the Principal has terminated the contract according to section – 3, or if the Principal is entitled
to terminate the contract according to section – 3, the principal shall be entitled to forfeit the
Earnest Money Deposit/Security Deposit.
1. The Bidder declares that no previous transgression occurred in the last three years with any
other company in any country confirming to the TI approach or with any other Public Sector
Enterprise in India that could justify it’s exclusion from the tender process.
2. If the bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or the contract, if already awarded, can be terminated for such reason.
Page 68 of 72
TENDER NO: WAP/ INFRA./CS/PURI/ODISHA
1. The principal will disqualify from the tender process all bidders who do not sign this pact and
submit it to the Principal along with the offer.
1. The principal appoints competent and credible external independent Monitor for this Pact. The
task of the monitor is to review independently and objectively, whether and to what extent the
parties comply with the obligations under this agreement.
2. The monitor is not subject to instructions by the representatives of the parties and performs his
functions neutrally and independently. He reports to the Chairman of the Board of the
Principal.
3. The Monitor has the right of access without restriction to all Projects documentation of the
Principal. The Contractor will also grant the monitor, upon his request and demonstration of a
valid interest, unlimited access to his project documentation. The Monitor is under contractual
obligation to treat the information and documents of the Bidder/Contractor with confidentiality.
4. The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual
relations between the Principal and the Contractor. The parties offer to the Monitor the option
to participate in such meetings.
5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so
inform the Management of the Principal and request the Management to discontinue or heal
the violation, or take other relevant action. The monitor can in this regard submit non-binding
recommendations. Beyond this, the Monitor has no right to demand from the parties that they
act in a specific manner, refrain from action or tolerate action.
6. The Monitor will regularly submit a written report to the Chairman of the Board of the Principal
and, should the occasion arise, submit proposals for correcting problematic situations.
7. In case of report to the Chairman of the Board a substantiated suspicion of an offence under
relevant Anti-Corruption Laws of India, and the Chairman has not, with reasonable time, taken
Page 69 of 72
TENDER NO: WAP/ INFRA./CS/PURI/ODISHA
visible action to proceed against such offence or reported it to the Vigilance Officer, the Monitor
may also transmit this information directly to the Central Vigilance Commissioner, Government
of India.
This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after
the last payment under the respective contract, and for all other Bidder’s 6 months after the contract
has been awarded.
1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Corporate
Office of the Principal.
2. Changes and supplements as well as termination notices need to be made in writing: Side
agreements have not been made.
3. Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their
original intentions.
_________________________________ ___________________________
Page 70 of 72
TENDER NO: WAP/ INFRA./CS/PURI/ODISHA
CONTRACT AGREEMENT
Whereas the Employer desires that the Works known as should be executed by the Contractor,
and has accepted a Tender by the Contractor for the execution and completion of these Works and
the remedying of any defects therein,
1. In this Agreement words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to.
2. The following documents shall be deemed to form and be read and construed as part of
this Agreement:
(a) The memoranda annexed hereto (which includes a breakdown of the Contract
Price)
(b) The Addenda nos.
(c) The Conditions of Contract
(d) The Employer’s Requirements, and
(e) The Contractor’s Tender.
4. The Employer hereby covenants to pay the Contractor, in consideration of the design,
execution and completion of the Works and the remedying of defects therein, the final
Contract Price at the times and in the manner prescribed by the Contract.
5. The Contract shall come into full force and effect on the date when the following conditions
are satisfied:
[List of pre-conditions]
The Employer shall promptly confirm to the Contractor the date on which all these conditions have
been satisfied. If any of these conditions has not been satisfied within days of
the above-mentioned date on which this Agreement is made, this Agreement shall be void and
ineffective and any securities issued in relation to the above Works shall be returned.
optional]
Page 71 of 72
TENDER NO: WAP/ INFRA./CS/PURI/ODISHA
In Witness whereof the parties hereto have caused this Agreement to be executed the day and
year first before written in accordance with their respective laws.
for and on behalf of the Employer in the presence of for and on behalf of the Contractor in
the presence of
Witness: Witness:
Name: Name:
Address Address:
Date: Date:
Page 72 of 72