CONSTRUCTION OF MULTIPURPOSE INDOOR HALL AT …

TENDER NO: WAP/ INFRA./MIH/ODISHA

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TENDER DOCUMENT

FOR

CONSTRUCTION OF MULTIPURPOSE INDOOR HALL AT HINJLICUT, ODISHA


VOLUME 1: NOTICE INVITING TENDER

Issued to M/s_______________________________________ _______________________________________

Tele-fax: +91-124-2397391, Email: [email protected], Website: www.wapcos.co.in

mailto:[email protected]


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IMPORTANT DATES

Sr. No. Item Details 1 Name of work Construction Of Multipurpose Indoor Hall at

Hinjlicut, Odisha 2 Completion period for Construction 8 months

3 Date of issue of Notice inviting bid 03.05.2018 4 Period of downloading of bidding

documents 03.05.2018 to 24.05.2018

(up to 03:00 PM) Documents can be downloaded from TCIL Website from 07.05.2018

5 Deadline for receiving bids 24.05.2018 (up to 03:00 PM)

Chief Engineer (Commercial), WAPCOS Ltd., 76-C, Sector-18, Institutional Area, Gurgaon-122015, Haryana

6 Date & time of opening Technical Bids Dt. 24.05.2018 (03:30 PM) 7 Place of opening Bids WAPCOS Ltd., 76-C, Sector-18, Institutional

Area, Gurgaon-122015, Haryana 8 Validity of Bid 120 days from the date of receiving of the bids. 9 Officer inviting Bids Chief Engineer (Commercial)

Tele-fax: +91-124-2397391 11 Mode of Submission Technical Bid –Technical Bid must be uploaded

online and is also to be submitted physically in the office of Chief Engineer (Commercial), WAPCOS Ltd.,76-C, Sector-18, Institutional Area, Gurgaon-122015, Haryana by 15.12.2017 ( up to 3:00 pm)

Financial Bid – Financial Bid has to be submitted online only. EMD – EMD Amount of Rs. 14,00,000/- (Rupees Fourteen Lakhs Only) will have to be deposited in shape of FDR in favor of WAPCOS limited from a Nationalized Bank payable at Gurgaon/Delhi.


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TENDER DOCUMENT

FOR



Section I- NIT


Section I



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NOTICE INVITING TENDER

TENDER NO. WAP/ INFRA./MIH/ODISHA

Online Tenders are invited by WAPCOS Limited on behalf of Department of Sports & Youth Services, Government of Odisha from Contractors meeting the qualifying requirements.

1 Estimated Cost of Work : Rs. 7,10,35,586/-

2 Bid Processing Fee : Rs. 7,000/-

3 Contents of Tender Document Volume 1 –Notice Inviting tender Instruction to Bidder Qualifying Criteria Scope of work Volume 2 - General Conditions of Contract &

Special Conditions of Contract Volume 3 – Technical Specifications Volume 4- Price Schedule Volume 5 - Tender Drawings Tenders are non-transferable.

4 Amount of Earnest Money Deposit : Rs. 14 Lacs

5 Project completion period : 8 Months

6 Tender Closing Date & Time 24.05.2018 (up to 03:00 PM)

If the office of WAPCOS Limited, Gurgaon happens to be closed on the last date and time

mentioned for any of the event, the said event will take place on the next working day at the

same time and venue

Full details, specifications, terms and conditions of work shall be available in the Tender

Document for above NIT, which can be downloaded from TCIL website (https://www.tcil-india-

electronictender.com) 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 outrightly. Tenders received without EMD and documents pertaining to qualifying

criteria mentioned in Section III of Tender Document will be summarily rejected.

Technical and Financial Bid must be submitted online on TCIL Website (https://www.tcil-india-

electronictender.com) on or before 24.05.2018 up to 3:00 PM and Sealed Tender (Technical Bid

along with EMD and Pass Phrase for both parts i.e. Technical & Financial sealed in Separate

envelopes) will also be received physically at the Office of Chief Engineer (Commercial),

WAPCOS Limited, 76-C, Sector-18, Institutional Area, Gurgaon-122015, Haryana, India up to

https://www.tcil-india-electronictender.com/





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3.00 PM on or before 24.05.2018. The Financial bid of the technically qualified tenderers shall

only be opened. Telex, Telegraphic or e-mail tenders will not be entertained.

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. 3.55 Crores during the

last 3 years ending March 2017. Turnover Certificate for the last three years ending March

2017 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. 2.84 Crores

Or

Two similar completed works of order value each not less than

Rs. 4.26 Crores

Or

One similar completed work of order value not less than

Rs. 5.68 Crores

(Here “Similar work” refers a cumulative work of Civil Works, Plumbing, firefighting, Electrical

Works and Landscaping, External development works etc. (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


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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.

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

1.1 Bidder shall be an Indian organization/entity.

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 accepted. However sub-contracting is also 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.


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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

2.1 Bidder’s responsibility

The Bidder is solely responsible for the details of his Bid and the preparation

of Bids.

The Bidder is expected to examine carefully all the contents of NIT document

which includes instructions, conditions, forms, terms, Employer’s Requirements

etc. and take them fully into account before submitting his offer. Bids, which

do not satisfy all the requirements, as detailed in these documents, are liable to

be rejected as being unresponsive.

The Bidder shall be deemed to have inspected the Site and its

surroundings and taken into account all relevant factors pertaining to the Site, while

preparing and submitting the bid.

WAPCOS will provide the Basic Details of the Project to the successful bidder.

2.2 Project Inspection and Site Visit

Any Site information given in this NIT is for guidance only. The Bidder is advised to

visit and examine the Site of works and its surroundings at his/their cost and

obtain at his/their own responsibility, any information that may consider

necessary for preparing the Bid and entering into a Contract with the Employer,

including availability of electricity, water and drainage, where applicable.

All Construction shall only be taken up after confirming the status of Land of the

Project. No Construction work shall be taken up on Private Land.

WAPCOS Ltd. shall not be liable for such costs, regardless the outcome of the

selection process.

For and on behalf of WAPCOS LIMITED


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TENDER DOCUMENT

FOR

CONSTRUCTION OF MULTIPURPOSE INDOOR HALL AT HINJLICUT,

ODISHA


Section II- INSTRUCTIONS TO BIDDER




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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) The estimated amounts for items are given in Estimate. The tenderer has to quote their

offer in percentage above or below or at-par the estimated amount. The percentage

rate shall be quoted upto 2 decimals. 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.


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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 sanction a party or its successors, including declaring ineligible, either

indefinitely or for a stated period of time, to participate in any further bidding/

procurement proceedings under the Project, if it at any time determines that the

party has, directly or through an agent, engaged in Corrupt, Fraudulent,

Collusive, Or Coercive Practices in competing for, or in executing, the contract;

and

Will sign an Integrity Pact, w.r.t the selected Tenderer.

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


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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.

4) Procedure for submission of bid:

i) EMD Amount of Rs. 14,00,000/- (Rupees Fourteen Lakhs Only) will have to be

deposited in shape of FDR in favor of WAPCOS limited from a Nationalized Bank

payable at Gurgaon/Delhi.

ii) 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.


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iii) The EMD of unsuccessful tenderer(s) will be returned to latest on or before the 30th

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.

iv) 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.

v) 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:

CONTENTS OF TECHNICAL BID

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.

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


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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 in original for a sum of at least Rs. 2.84 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 2016-17. 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 2016-17.

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.

xvii) Programme of Works, a comprehensive Project implementation Program with list of

activities, timelines and milestones. A detailed overall activity chart indicating the

duration and timing of all major activities.

CONTENTS OF FINANCIAL BID

The Financial Bid, clearly labeled as “FINANCIAL BID” should be submitted in the

Quoting Sheet (format prescribed). The Percentage (%) rate quoted for the contract shall

be inclusive of all charges, taxes, duties or any other levies applicable except GST. GST as

applicable shall be paid extra on submission of proof and Bill shall be accepted only after


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Bill is uploaded at GST Portal, subject to receipt of the same by Employer on back to back

terms.

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./MIH/ODISHA) and shall be addressed to “The Chief Engineer (Commercial), 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 24.05.2018 up

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.

7) Tender submitted by tenderer shall remain valid for acceptance for a period of 120 (One

Hundred and Twenty) days from the date set for submission of the tender. The

tenderer shall not be entitled within the said period of 120 (One Hundred and Twenty)

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.


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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

8) Special instructions to Bidders for e-Tendering

General:

The Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as given in these

Tender Documents. Submission of Online Bids is mandatory for this Tender.

E-Tendering is a new methodology for conducting Public Procurement in a transparent and

secured manner. Now, the Government of India has made e-tendering mandatory. Suppliers/

Vendors will be the biggest beneficiaries of this new system of procurement. For conducting

electronic tendering, WAPCOS has decided to use the portal https://www.tcil-india-

electronictender.com through TCIL, a Government of India Undertaking. This portal is based on

the world’s most ‘secure’ and ‘user friendly’ software from ElectronicTender®. A portal built

using ElectronicTender’s software is also referred to as ElectronicTender System® (ETS).

Benefits to Suppliers are outlined on the Home-page of the portal.

Instructions

Tender Bidding Methodology:

Sealed Bid System

- Single Stage Two Envelope

Technical

Financial


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Broad Outline of Activities from Bidder’s Perspective:

1. Procure a Digital Signing Certificate (DSC) 2. Register on Electronic Tendering System® (ETS) 3. Create Marketing Authorities (MAs), Users and assign roles on ETS. It is mandatory to

create at least one MA. 4. View Notice Inviting Tender (NIT) on ETS 5. For this tender -- Assign Tender Search Code (TSC) to an MA 6. Download Official Copy of Tender Documents from ETS. Note: Official copy of Tender

Documents is distinct from downloading ‘Free Copy of Tender Documents’. To participate in a tender, it is mandatory to procure official copy of Tender Documents for that tender.

7. Clarification to Tender Documents on ETS (if applicable) 8. Query to WAPCOS 9. View response to queries posted by WAPCOS 10. Bid-Submission on ETS 11. Attend Public Online Tender Opening Event (TOE) on ETS 12. Opening of relevant Bid-Part 13. Post-TOE Clarification on ETS (Optional) 14. Respond to WAPCOS Post-TOE queries 15. Attend Public Online Tender Opening Event (TOE) on ETS 16. Opening of relevant part (ie Financial-Part) Only for Technical Responsive Bidders) 17. Participate in e-Reverse Auction on ETS (if applicable)

For participating in this tender online, the following instructions are to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the ETS. Digital Certificates For integrity of data and authenticity/ non-repudiation of electronic records, and to be compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in]. Registration To use the ElectronicTender® portal https://www.tcil-india-electronictender.com, vendors need to register on the portal. Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities. In ETS terminology, this person will be referred to as the Super User (SU) of that organization. For further details, please visit the website/portal, and click on the ‘Supplier Organization’ link under ‘Registration’ (on the Home Page), and follow further instructions as given on the site. Pay Annual Registration Fee as applicable.

http://www.cca.gov.in/


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Any Instructions for Online/ Offline Payment of Registration Fee After successful submission of Registration details and Annual Registration Fee, please contact TCIL/ ETS Helpdesk (as given below), to get your registration accepted/activated Important Note: To minimize teething problems during the use of ETS (including the Registration process), it is recommended that the user should peruse the instructions given under ‘ETS User-Guidance Center’ located on ETS Home Page, including instructions for timely registration on ETS. The instructions relating to ‘Essential Computer Security Settings for Use of ETS’ and ‘Important Functionality Checks’ should be especially taken into cognizance. Please note that even after acceptance of your registration by the Service Provider, to respond to a tender you will also require time to complete activities related to your organization, such as creation of users, assigning roles to them, etc.

TCIL/ ETS Helpdesk Telephone/ Mobile Customer Support: +91-11-26241790

(Multiple Lines)

Emergency Mobile Numbers: +91-

9868393775, 9868393717, 9868393792

E-mail ID [email protected]

WAPCOS Contact WAPCOS Contact Person Sanjay Sharma

Chief Engineer (Comml.)

Telephone/ Mobile 0124- 2397391

E-mail ID [email protected]

Some Bidding related Information for this Tender (Sealed Bid)

The entire bid-submission would be online on ETS (unless specified for Offline Submissions).

Broad outline of submissions are as follows:

Submission of Bid-Parts/ Envelopes

Technical-Part

Financial-Part


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Submission of information pertaining Bid Security/ Earnest Money Deposit (EMD)

Submission of digitally signed copy of Tender Documents/ Addendum

Offline Submissions:

1. Technical Bid

2. EMD

3. Pass Phrase in separate sealed envelope

Special Note on Security and Transparency of Bids

Security related functionality has been rigorously implemented in ETS in a multi-dimensional

manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security

has been made at various stages in Electronic Tender's software. Specifically for Bid Submission,

some security related aspects are outlined below:

As part of the Electronic Encrypter® functionality, the contents of both the ‘Electronic Forms®’

and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself.

Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (eg

I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is

mandatory that a separate Pass-Phrase be created for each Bid-Part. This method of bid-

encryption does not have the security and data-integrity related vulnerabilities which are

inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer

organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted

before the Public Online Tender Opening Event (TOE), even if there is connivance between the

concerned tender-opening officers of the Buyer organization and the personnel of e-tendering

service provider.

CAUTION: All bidders must fill Electronic Forms® for each bid-part sincerely and carefully, and

avoid any discrepancy between information given in the Electronic Forms® and the corresponding

Main-Bid. For transparency, the information submitted by a bidder in the Electronic Forms® is

made available to other bidders during the Online Public TOE. If it is found during the Online

Public TOE that a bidder has not filled in the complete information in the Electronic Forms®, the

TOE officer may make available for downloading the corresponding Main-Bid of that bidder at

the risk of the bidder. If variation is noted between the information contained in the Electronic

Forms® and the ‘Main-Bid’, the contents of the Electronic Forms® shall prevail. Alternatively, the

Buyer organization reserves the right to consider the higher of the two pieces of information (eg.

the higher price) for the purpose of short-listing, and the lower of the two pieces of information

(eg. the lower price) for the purpose of payment in case that bidder is an awardee in that tender.


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Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender

Opening Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by

the concerned Tender Opening Officer.

There is an additional protection with SSL Encryption during transit from the client-end computer

of a Supplier organization to the e-tendering server/ portal.

Public Online Tender Opening Event (TOE)

ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender Opening

Officers, as well as, authorized representatives of bidders can simultaneously attend the Public

Online Tender Opening Event (TOE) from the comfort of their offices. Alternatively, one/ two

duly authorized representative(s) of bidders (i.e. Supplier organization) are requested to carry a

Laptop with Wireless Internet Connectivity, if they wish to come to WAPCOS office for the Public

Online TOE.

Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event

(TOE)’, including digital counter-signing of each opened bid by the authorized TOE-officer(s) in

the simultaneous online presence of the participating bidders’ representatives, has been

implemented on ETS.

As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted by the bidder

himself during the TOE itself or as per alternative methods prescribed in the Tender Documents,

salient points of the Bids (as identified by the Buyer organization) are simultaneously made

available for downloading by all participating bidders. The tedium of taking notes during a

manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of

‘Public Online Tender Opening Event (TOE)’.

ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each

online bid is opened. The format of the chart is based on inputs provided by the Buyer for each

Bid-Part of a tender. The information in the Comparison Chart is based on the data submitted by

the Bidders. A detailed Technical and/ or Financial Comparison Chart enhances Transparency.

Detailed instructions are given on relevant screens.

ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event

(TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available

to all participating bidders for ‘Viewing/ Downloading’.


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There are many more facilities and features on ETS. For a particular tender, the screens viewed

by a Supplier will depend upon the options selected by the concerned Buyer.

Other Instructions

For further instructions, the vendor should visit the home-page of the portal https://www.tcil-

india-electronictender.com, and go to the User-Guidance Center

The help information provided through ‘ETS User-Guidance Center’ is available in three

categories – Users intending to Register / First-Time Users, Logged-in users of Buyer

organizations, and Logged-in users of Supplier organizations. Various links (including links for

User Manuals) are provided under each of the three categories.

Important Note: It is strongly recommended that all authorized users of Supplier organizations

should thoroughly peruse the information provided under the relevant links, and take

appropriate action. This will prevent hiccups, and minimize teething problems during the use of

ETS.

SEVEN CRITICAL DO’S AND DON’TS FOR BIDDERS

Specifically for Supplier organizations, the following 'SEVEN KEY INSTRUCTIONS for BIDDERS'

must be assiduously adhered to:

1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender

submission deadline on ETS

2. Register your organization on ETS well in advance of the important deadlines for your first

tender on ETS viz ‘Date and Time of Closure of Procurement of Tender Documents’ and ‘Last

Date and Time of Receipt of Bids’. Please note that even after acceptance of your registration by

the Service Provider, to respond to a tender you will also require time to complete activities

related to your organization, such as creation of -- Marketing Authority (MA) [ie a department

within the Supplier/ Bidder Organization responsible for responding to tenders], users for one or

more such MAs, assigning roles to them, etc. It is mandatory to create at least one MA. This

unique feature of creating an MA enhances security and accountability within the Supplier/

Bidder Organization.

3. Get your organization's concerned executives trained on ETS well in advance of your first

tender submission deadline on ETS


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4. For responding to any particular tender, the tender (ie its Tender Search Code or TSC) has to

be assigned to an MA. Further, an ‘Official Copy of Tender Documents’ should be procured/

downloaded before the expiry of Date and Time of Closure of Procurement of Tender

Documents. Note: Official copy of Tender Documents is distinct from downloading ‘Free Copy of

Tender Documents’. Official copy of Tender Documents is the equivalent of procuring physical

copy of Tender Documents with official receipt in the paper-based manual tendering system.

5. Submit your bids well in advance of tender submission deadline on ETS (There could be last

minute problems due to internet timeout, breakdown, et al)

6. It is the responsibility of each bidder to remember and securely store the Pass-Phrase for each

Bid-Part submitted by that bidder. In the event of a bidder forgetting the Pass-Phrase before the

expiry of deadline for Bid-Submission, facility is provided to the bidder to ‘Annul Previous

Submission’ from the Bid-Submission Overview page and start afresh with new Pass-Phrase(s)

7. ETS will make your bid available for opening during the Online Public Tender Opening Event

(TOE) ‘ONLY IF’ your ‘Status pertaining Overall Bid-Submission’ is ‘Complete’. For your record,

you can generate and save a copy of ‘Final Submission Receipt’. This receipt can be generated

from 'Bid-Submission Overview Page' only if the ‘Status pertaining overall Bid-Submission’ is

‘Complete’.

NOTE:

While the first three instructions mentioned above are especially relevant to first-time users of

ETS, the fourth, fifth, sixth and seventh instructions are relevant at all times.

Minimum Requirements at Bidder’s End

Computer System having configuration with minimum Windows 7 or above, and Broadband

connectivity

Microsoft Internet Explorer 7.0 or above

Digital Certificate(s)

For & on behalf of Tenderer


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TENDER DOCUMENT

FOR



Section III- QUALIFYING CRITERIA




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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.

1) Qualifying Criteria for participation in Tender:-

Bids may be submitted by a contractor.

a) Technical Eligibility Requirements:

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. 2.84 Crores in order to fund

the project till the time the invoices get paid. The bidder shall provide a solvency

certificate from the Bank in original 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

2016-17.

d) The contractor should have minimum annual average turnover of Rs. 3.55 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 costing not less than;

Rs. 2.84 Crores

Or


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Two similar completed works of order value each not less than ;

Rs. 4.26 Crores

Or

One similar completed work of order value not less than ;

Rs. 5.68 Crores

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.

g) LOI / WO and relevant Completion certificate or any other documents to

substantiate the above nature as well as value of work.

h) Copy of PAN, PF and GST Registration Certificate to be submitted.

Note for Clause 1 (e) above:

(Here “Similar work” refers a cumulative work of Civil Works, Plumbing, firefighting, Electrical

Works, Landscaping and External development etc. (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


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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:

Year Year-1 Year-2 Year-3 Year-4 Year-5

Up-dation factor 1.00 1.05 1.10 1.15 1.20

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.

For & on behalf of Tenderer


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TENDER DOCUMENT

FOR



Section IV- SCOPE OF WORK




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SECTION IV

CONDITIONS OF PARTICULAR APPLICATION

1) The instructions to the Bidders for submission of Tender are enclosed.

This Tender is being invited by WAPCOS Limited on behalf of Department of Sports &

Youth Services, Government of Odisha for executing a part of the work for the subject

job as per enclosed Scope of Work.

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 multipurpose is proposed in the town of Hinjlicut which falls in the district Ganjam, Odisha

approximately 170 K.M from Bhubaneswar. The proposed Multipurpose hall with total built up

area of approximately 2550 square meters is proposed on a plot of approximately 5815 sq.mt.

The proposed hall shall primarily have two distinct zones

a) The playing /performance arena with seating area for spectators with pre- engineered roof system of approximately 1500 square meters and clear height of 12.5 meters

b) Support areas for the activities in the arena in R.C.C. construction with an area of approximately 1000 square meter with floor to floor height of 3.6 meters

i) Entrance lobby ii) Players dressing / locker rooms iii) Coach room iv) Fitness room v) First aid room vi) Stores vii) Toilets viii) Gallery ix) Yoga room x) Conference room xi) Administrative office xii) Dining xiii) Pantry


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c) Parking for 43 cars and external development comprising of Peripheral roads and a connecting road on southern side

The Scope of work of project for Contractor includes, but not limited to

i. Civil and Allied Works

Construction and completion of all Civil, Electrical, Mechanical, Plumbing, Site

Development Works of the proposed building and allied work.

Construction and completion of all Civil, Electrical, Mechanical (pumps, panels &

fittings), Plumbing, Works of the Underground tanks which include RCC Domestic

Water Tank and Fire Fighting Water Tank of Capacity as specified and allied work.

Signage, Murals , artwork of Hosted Building as shown in the 3D view of Architect

Building and mandatory / Regulatory Signage board inside & outside of Hostel.

Construction and completion of all Civil, Electrical, Mechanical (pumps & panels &

fittings) , Plumbing, Works of the Overhead tanks which include RCC Domestic Water

Tank of Capacity, and Fire tank of Capacity & allied work.

Water Treatment Plant / Water Softener complete in all respect

Horticulture Works nearby proposed building area.

Connection of building from existing water supply line from Underground Tanks,

Sewage network, Electrical substation etc. to make building habitable.

ii. Electrical Works and Fire Alarm System , Lighting Works

iii. Ventillation Systems as per the provisions

iv. Public Health Engineering and Fire Fighting Works

v. One No. of Borewell Complete in all respect

vi. Handing over the project after it habitable in all aspects

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).


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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.


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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.


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a) The “Owner” shall mean “Department of Sports & Youth Services, Government of

Odisha” having their office at C-1, Nayapalli, Bubaneshwar -751012, Odisha.

b) “Client/Employer” shall mean “WAPCOS Limited”, a Government of India

undertaking- Ministry of Water Resources, River Development & Ganga

Rejuvenation for execution of the Project having their Corporate office at 76-C,

Sector-18, Institutional Area, Gurgaon-122015, Haryana, India & include their

successors & permitted assigns as well as their authorized officer / representatives.

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.

e) The ‘ENGINEER – IN - CHARGE” shall mean Engineering Officer appointed by

WAPCOS Limited or his duly authorized representative who shall direct, supervise

and be in charge of the works for the purpose of this contract.

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.


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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.

m) “Specification” shall mean all directions, various technical specifications, provisions

and requirement attached to this document/order, which pertain to the methods

and manner of performing the work according to the quantities and qualities thereof

as may be amplified or modified by the company during the performance of the

contract. It shall also include the latest edition including all agenda/corrigenda or

relevant Indian Standard Specifications & other relevant codes. In

agenda/corrigenda or relevant Indian Standard Specifications & other relevant

codes. In any dispute, the decision of the “Company” will be final.

n) “Consultant” shall mean any consultant nominated by the Company or by the

Company’s client.

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.

q) The “Alteration/Variation Order” means an order given in writing by the Company to

affect additions/alteration to or deletions from the scope of work.

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.


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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 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.

3. The Agency would be required to furnish an additional performance guarantee for an

amount equal to the difference between the Tendered Cost and the awarded value in

case of bid amount lower than the Tendered Cost for a period valid till the date of

validation of the Performance Guarantee.


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TENDER DOCUMENT

FOR



BID FORMATS




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FORMAT OF COVERING LETTER

[To be submitted in Bidder’s Letter Head]

To,

The Chief Engineer

(Commercial)

WAPCOS LTD.

76-C, Sector-18

Institutional Area,

Gurgaon-122015 (Haryana)

Subject: Name of the Project

Tender No: WAP/ INFRA./MIH/ODISHA

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 Chief Engineer

(Commercial), to approach the Bank issuing the solvency certificate to confirm the

correctness thereof. I/we also authorize Chief Engineer (Commercial) 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:

Name of Work Certificate form


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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)


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ORGANISATION SET UP: GENERAL INFORMATION OF BIDDER

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:

4. Particulars of the Authorized Signatory of the Bidder: (a) Name: (b) Designation: (c) Address: (d) Phone Number: Landline: Mobile: (e) Fax Number:

5. In case of a Joint Venture: (a) The information above (1-4) should be provided for all the Members of the Joint Venture. (b) A copy of the Jt. Bidding Agreement should be attached to the Application. (c) Information regarding the role of each Member should be provided as per table below:

Sl. No.

Name of Member Role*

Share of work in the Project

1. 2. 3.

(d) The following information shall also be provided for each Member of the Joint Venture:


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Name of Applicant/ member of Joint Venture:

No. Criteria yes No

1. Has the Bidder/ constituent of the Joint Venture been barred by the [Central/ State] Government, or any entity controlled by it, from participating in any project

2 . If the answer to 1 is yes, does the bar subsist as on BID due date.

3 . Has the Bidder/ constituent of the Joint Venture paid liquidated damages of more than 5% of the contract value in a contract due to delay or has been penalized due to any other reason in relation to execution of a contract, in the last three years?

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)

Name of Bidder/ member of Joint Venture:

No. Criteria 1st last year 2nd last year

3rd last Year


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1. If bidder have either failed to perform on any

contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Bidder or any of its Joint Venture Member, as the case may be, or has been expelled from any project or contract by any public entity nor have had any contract terminated by any public entity for breach by such Bidder or

any of its Joint Venture Member.

2. Updated details of stage of litigation, if so, against the Authority / Governments on all the on-going projects of the bidder or any of its Joint Venture Member.

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.


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Information Required to Calculate the BID Capacity

1.To calculate the value of “A”

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:

Sl. No. Year Value of Civil Engg. Works undertaken w.r.t. Projects (Rs. In Crores)

1 2016-17 2 2015-16 3 2014-15 4 2013-14 5 2012-13

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: Rs. Crores x (Updation Factor as per Appendix) = Rs. Crores (Rupees )

…………………….. ………………………… …………………….. ………………………….

Authorised Signator

For and on behalf of ……………… (Name signatory) of the Bidder)

Name of the Statutory Auditor’s firm

Seal of the audit firm: (Signature, name

and designation and Membership No. of

authorised Signatory

2. To calculate the value of “B”

A table containing value of all the existing commitments and on-going workings to be completed during the next years is as follows:


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For Year F.Y. / Calendar Year Updation Factor

1 2016-17 1.00

2 2015-16 1.05

3 2014-15 1.10

4 2013-14 1.15

5 2012-13 1.20

Sl.

No.

Name

of

Project/W

ork

Percentag

e of

participat

ion of

Bidder in

the

project

Dater of

start /

appointed

date of

project

Value

of

contract as

per

Agreemen

t

/LOA

Value

of

work

comple

ted

Balan

ce

value of

work to

be

complet

ed

Anticipat

ed

date

of

completi

on

Balance

value

of work

at

2016-17

price level

Rs. in Crore

Rs. in Crore

Rs. in Crore

Rs. in Crore

1 2 3 4 5 6 7= (5-6) 8 9 (3x 7 x #)

#

Updation Factor as given below:

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.

…………………….. ………………………… …………………….. ………………………….

Authorised Signator

For and on behalf of ……………… (Name signatory) of the Bidder)

Name of the Statutory Auditor’s firm

Seal of the audit firm: (Signature, name

and designation and Membership No. of

authorised Signatory


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Format for Power of Attorney

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)


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(Notarised) Person identified by me/

personally appeared before me

Attested/ Authenticated* (*Notary to specify as applicable) (Signature Name and Address of the Notary)

Seal of the Notary

Registration No. of the Notary Date:………………


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Format for Power of Attorney for Lead Member of Joint Venture

Whereas, …………………….., …………………….., and …………………….. (collectively the “Joint Venture”) being Members of the Joint Venture are interested in bidding for the Project in accordance with the terms and conditions of the Tender and other BID documents including agreement in respect of the Project, and Whereas, it is necessary for the Members of the Joint Venture to designate one of them as the Lead Member with all necessary power and authority to do for and on behalf of the Joint Venture, all acts, deeds and things as may be necessary in connection with the Joint Venture’s BID for the Project and its execution. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …… having our registered office at ……., M/s. ….. having our registered office at …, M/s. … having our registered office at ….., and ….. having our registered office at ………, (hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint and authorize M/S ……. having its registered office at ………., being one of the Members of the Joint Venture, as the Lead Member and true and lawful attorney of the Joint Venture (hereinafter referred to as the “Attorney”). We hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct all business for and on behalf of the Joint Venture and any one of us during the bidding process and, in the event the Joint Venture is awarded the contract, during the execution of the Project and in this regard, to do on our behalf and on behalf of the Joint Venture, all or any of such acts, deeds or things as are necessary or required or incidental to the qualification of the Joint Venture and submission of its BID for the Project, including but not limited to signing and submission of all applications, BIDs and other documents and writings, participate in pre BID and other conferences, respond to queries, submit information/ documents, sign and execute contracts and undertakings consequent to acceptance of the BID of the Joint Venture and generally to represent the Joint Venture in all its dealings with the Authority, and/ or any other Government Agency or any person, in all matters in connection with or relating to or arising out of the Joint Venture’s BID for the in all respect Project and/ or upon award thereof till the Contract is entered into with the Authority & Compelled. AND 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/ Joint Venture. IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER

OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…

For …………………….. (Signature) …………………..

For …………………….. (Signature) …………………..

For …………………….. (Signature) …………………..

(Name & Title) (Name & Title) (Name & Title)


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(Executants)

(To be executed by all the Members of the Joint Venture)

Witnesses:

1.

2.

3.


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Format for Joint Bidding Agreement for Joint Venture (To be executed on Stamp paper of

appropriate value) THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of ………… 20…

AMONGST

1. {………… Limited, and having its registered office at ………… } (hereinafter referred to as the “First Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

AND

2. {………… Limited, having its registered office at ………… } and (hereinafter referred to as the “Second Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

AND

3. {………… Limited, and having its registered office at …………} (hereinafter referred to as the “Third Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

The above mentioned parties of the FIRST, {SECOND and THIRD} PART are collectively referred to as the “Parties” and each is individually referred to as a “Party”

WHEREAS,

(A) [THE WAPCOS Limited, having its registered office at 5th Floor, “Kailash”, 26, Kasturba Gandhi Marg, New Delhi-110001 (hereinafter referred to as the “Employer” which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) has invited bids (the Bids”) by its Tender No. WAP/ INFRA./MIH/ODISHA for award of contract for “………………………………………… “(the “Project”) (B) The Parties are interested in jointly bidding for the Project as members of a Joint Venture and in accordance with the terms and conditions of the NIT and other bid documents in respect of the Project, and (C) It is a necessary condition under the Bid document that the members of the Joint Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with the Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the meaning ascribed thereto under the Tender document (NIT, GCC and Special Conditions of Contract)


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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.


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7. Representation of the Parties

Each Party represents to the other Parties as of the date of this Agreement that:

(a) Such Party is duly organised, validly existing and in good standing under the laws of its incorporation and has all requisite power and authority to enter into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has been authorised by all necessary and appropriate corporate or governmental action and a copy of the extract of the charter documents and board resolution/ power of attorney in favour of the person executing this Agreement for the delegation of power and authority to execute this Agreement on behalf of the Joint Venture Member is annexed to this Agreement, and will not, to the best of its knowledge:

(i) require any consent or approval not already obtained;

(ii) Violate any Applicable Law presently in effect and having applicability to it;

(iii) violate the memorandum and articles of association, by-laws or other applicable organizational documents thereof;

(iii) violate any clearance, permit, concession, grant, license or other governmental authorization, approval, judgment, order or decree or any mortgage agreement, indenture or any other instrument to which such Party is a party or by which such Party or any of its properties or assets are bound or that is otherwise applicable to such Party; or

(iv) create or impose any liens, mortgages, pledges, claims, security interests, charges or Encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances or mortgage in or on the property of such Party, except for encumbrances that would not, individually or in the aggregate, have a material adverse effect on the financial condition or prospects or business of such Party so as to prevent such Party from fulfilling its obligations under this Agreement;

(c) this Agreement is the legal and binding obligation of such Party, enforceable in accordance with its terms against it; and

(d) there is no litigation pending or, to the best of such Party's knowledge, threatened to which it or any of its Affiliates is a party that presently affects or which would have a material adverse effect on the financial condition or prospects or business of such Party in the fulfillment of its obligations under this Agreement.

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


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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 by the Employer to the Bidder, as the case may be.

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.

SIGNED, SEALED AND DELIVERED For

and on behalf of

THIRD PART LEAD MEMBER by: SECOND PART

(Signature) (Signature) (Signature)

(Name) (Name) (Name)

(Designation) (Designation) (Designation)

(Address) (Address) (Address)

In the presence of:

1………………. 2.............................


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FORMAT FOR NO DEVIATION CERTIFICATE

[To be submitted on Bidder’s Letter Head]

To,

The Chief Engineer

Commercial

WAPCOS LTD.

76-C, Sector-18

Institutional Area,

Gurgaon-122015 (Haryana)

Subject: No Deviation Certificate for “Name of the Project”

Tender No: WAP/ INFRA./MIH/ODISHA

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,

(Signature, date & Seal of Authorized representative of the Tenderer


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DECLARATION AGAINST CORRUPT OR FRAUDULENT PRACTICES

TO WHOM IT MAY CONCERN

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


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SCHEDULE OF SUBMISSION OF CONSTRUCTION DRAWINGS / DOCUMENTS

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.

S. No. Title of the Reference Date by which Remarks

Drawings / to specifications shall be submitted Documents Clause, if any

For M/s. _________________

Signature

_________________

(By its constituted attorney)

(Seal)

Date ____________ Place ___________


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FORMATS

BANK GUARANTEE FORMAT FOR EMD

WHEREAS, M/s____________________ having their Registered/Head Office at ____________________ (hereinafter called “the Bidder”) has submitted his Bid dated __________________ for the ___________________[hereinafter called “the Bid”] to M/s WAPCOS Limited (hereinafter called the Employer)

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 ___________2017.

THE CONDITIONS of this obligation are:

(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:

We undertake to pay to the _______________________ up to the above amount upon receipt of his first written demand, without the ___________________________having to substantiate his demand, provided that in his demand the __________________________________ will note that the amount claimed by him is due to him owing to the occurrence of one or any of the above mentioned two conditions and specify the occurred condition or conditions.

This Guarantee will remain in force up to and including the date ____________________


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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 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.

Notwithstanding anything contained herein

i) Liability under this guarantee shall not exceed __________________.

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 period 165 days after the date of submission of bid).

DATE SIGNATURE .........................

...................................

(Signature of Witness)

SEAL ............................


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FORM OF ADVANCE PAYMENT GUARANTEE

M/s WAPCOS Limited,

76-C, Sector 18,

Gurgaon-122015.

In consideration of WAPCOS LTD. (hereinafter referred to as "the Employer") which expression

shall, unless repugnant to the context or meaning thereof include its successors, administrators

and assigns) having awarded to _______________________(Contractor’s name) with its

Registered /Head Office at __________________(hereinafter referred to as "the Contractor “

which expression shall unless repugnant to the context or meaning thereof, include its

successors, administrators, executors and assigns) a contract, by issue of Employer’s

Notification of Award No. ____________________dt. __________and the same having been

unequivocally accepted by the Contractor, resulting into a contract valued at

Rs._________(Rupees_____________________________________________________only) for

_______________ (hereinafter called “ the contract”) and the Employer having agreed to make

an advance payment to the Contractor for performance of the above Contract amounting to Rs.

_________________(Rupees ______________only) as an advance against bank guarantee to be

furnished by the Contractor.

We, __________________(name & address of bank) having its Head Office at

_____________(hereinafter referred to as "the Bank" which expression shall, unless repugnant

to the context or meaning thereof, include its successors, administrators, executors and

assigns) do hereby guarantee and undertake to pay the Employer immediately on demand any

or, all monies payable by the Contractor to the extent of Rs. ______________ (Rupees

________________only) as aforesaid at any time upto ___________without any demur,

reservation, contest , recourse or protest and/or without any reference to the Contractor.

Any such demand made by the Employer on the bank shall be conclusive and binding

notwithstanding any difference between the Employer and the Contractor or any dispute

pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the

Guarantee herein contained shall be irrevocable and shall continue to be enforceable till the

Employer discharges this guarantee. We further agree that no change in the constitution of

the Bank or of the Employer shall affect this guarantee.

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


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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


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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).

Dated this ________day of _________at New Delhi.

WITNESS

_______________________ ________________________

(Signature) (Signature)

________________________ ________________________

(Name) (Name)

________________________ ________________________

(Official address) (Designation with bank stamp)

________________________ Attorney as Power of Attorney

(Signature) No.__________ dt._______

________________________

(Name)

________________________


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FORM OF PERFORMANCE GUARANTEE

WAPCOS Limited,

76-C, Sector 18,

Gurgaon-122015.

In consideration of ____________________ (Employer’s name) (hereinafter referred to as

"the Employer") which expression shall, unless repugnant to the context or meaning thereof

include its successors, administrators and assigns) having awarded to _____________________

(Contractor’s name & address) (hereinafter referred to as "the Contractor “ which expression

shall unless repugnant to the context or meaning thereof, include its successors,

administrators, executors and assigns) a contract, by issue of Employer’s Notification of Award

No. _______________ dt. _____________ and the same having been unequivocally accepted

by the Contractor, resulting into a contract valued at Rs. _____________(Rupees

________________________only) for ________________(name of work) (hereinafter called “

the contract”) and the Contractor having agreed to provide a Contract Performance Guarantee

for the faithful performance of the entire contract equivalent to Rs. _____________ (Rupees

______________________only) (5 % of the said value of the Contract to the Employer)

We, ____________________(name & address of bank) (hereinafter referred to as "the Bank"

which expression shall, unless repugnant to the context or meaning thereof, include its

successors, administrators, executors and assigns) do hereby guarantee and undertake to pay

the Employer, on demand any or, all monies payable by the Contractor to the extent of Rs.

_____________(Rupees __________________only) as aforesaid at any time upto

___________without any demur, reservation, contest , recourse or protest and/or without

any reference to the Contractor. Any such demand made by the Employer on the bank shall be

conclusive and binding notwithstanding any difference between the Employer and the

Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority.

The Bank undertakes not to revoke this guarantee during its currency without previous consent

of the Employer and further agrees that the guarantee herein contained shall continue to be

enforceable till the Employer discharges this guarantee.

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.


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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


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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 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).

Dated this ________day of ________ at New Delhi.


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WAPCOS Limited

FORMAT FOR FINANCIAL INFORMATION

[To be submitted in Bidder’s Letter Head]

I. Financial Analysis – Details to be furnished duly supported by figures in balance

sheet/profit & loss account for the last five years duly certified by Chartered

Accountant, as submitted by the applicant to the Income Tax Department(Copies to be

attached)

Years

(i) Gross Annual Turnover on construction works.

(ii) Profit/Loss Statement

II. Financial arrangements for carrying out the proposed work.

III. Solvency Certificate from Bankers of the bidder in the prescribed Form

Signature of Chartered Accountant with Seal Signature of Bidder(s)


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FORMAT OF BANKERS’ CERTIFICATE FROM A NATIONALISED BANK

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)

For the Bank

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


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FORMAT FOR COMPLETED WORKS

DETAILS OF ELIGIBLE SIMILAR NATURE OF WORKS COMPLETED DURING THE LAST SEVEN YEARS ENDING PREVIOUS DAY OF LAST DATE OF

SUBMISSION OF TENDER

S.

No.

Name of

work and

location

Owner

sponser/

organizer

Cost of work in

Crores of

Rupees

Date of

Commencement

as per contract

Stipulated

date of

completion

Actual

date of

completion

Litigation/arbitration

cases pending/in

progress with details

Name and

address/telephone

number of officer

Whether the work

was done on back

to back basis

Yes/No

1 2 3 4 5 6 7 8 9 10

*Indicate gross amount claimed and amount awarded by the Arbitrator

Signature of Bidder(s)

TENDER NO: WAP/ COMML./NK-JHK/2017

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INTEGRITY PACT

Between

WAPCOS Limited hereinafter referred to as “The Principal”/ Employer

And

_________________________ hereinafter referred to as “The Bidder / Contractor”

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.

Section 1- Commitments of the Principal

1. The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:-

I. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract demand, take a promise for or accept, for him/herself or third person, any material benefit which he/she is not legally entitled to.


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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.

SECTION – 2 Commitments of the Bidder/Contractor

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.


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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.

2. If the Bidder/Contractor has committed a serious transgression through a violation of section – 2 such as to put his reliability or credibility into question, the principal is entitled also to exclude the Bidder / Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors with the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

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.

4. A transgression is considered to have occurred if in light of available evidence no reasonable doubt is possible.

Section 4 – Forfeiture of Earnest Money Deposit/Security Deposit

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.

Section 5 – Previous Transgression

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.


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Section 6 – Equal treatment of all bidders/contractors

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.

Section 7 – Criminal charges violating Bidders/Contractors

If the principal obtains knowledge of conduct of a Bidders/Contractors, or of an employee or a

representative or a JV Partner of a Bidders/Contractors which constitutes corruption, or if the

principal has substantive suspicion in this regard, the principal will inform the vigilance office.

Section 8 – External Independent Monitor

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


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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.

Section 9 – Pact Duration

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.

Section 10 – Other Provisions

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.

_________________________________ ___________________________

For the Principal For the Bidder/Contractor

Place ___________ Witness 1: ______________________

Date_____________ Witness 2: _______________________


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CONTRACT AGREEMENT This Agreement made the day of 2017 Between. of (hereinafter called “the Employer”) of the one part, and of (hereinafter called “the Contractor”) of the other part. 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, The Employer and the Contractor agree as follows:

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.

3. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to design, execute and complete the Works and remedy any defects therein in conformity with the provisions of the Contract.

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]


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5. The Commencement Date shall be optional 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. SIGNED by: SIGNED by: 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:

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