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public health engineering and water supply department (eastern zone)

BIDDING DOCUMENTS

Contract Package No.:(K&L)WS Dı

Procurement (Supply, Delivery & Stacking) of Ductile Iron Pipes (Item Rate) Contract

Estimated Cost : RS.960.00 Lacs Earnest Money : Rs.19.20 lacs Last Date of Submission of BID : 31 st Jan’2013(Upto 1500 Hrs)

NIT NO. PHED­(E/Z)/Drg/34/Vol­I/12­13 Dated Ita.the 10 th Jan’2013

Addendum/Corrigendum No……………………………

Issued to :……………………………………………………

Date of Issue:………………………………………………

Cost of Tender Paper ` 1500/‑

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Contents of Bid Documents Volume 1 – Initial Filter

1.1 Invitation for Bids 1.2 Letter of initial filter 1.3 Bidder Information Sheet 1.4 EMD/Bid security deposit –Enclosures

(Demand Draft or Deposit at Call Receipt or Banker’s Cheque & Fixed Deposit Receipt)

1.5 Authorization letter to be enclosed

Volume 2 ­Technical Bid Criteria requirements

2.1 Financial Situation 2.2 Experience/Performance 2.3 Special Terms & Conditions

Section I : Instruction to the bidder’s A. General B. The Bidding Documents C. Preparation of Bids D. Submission of Bids E. Bid opening and evaluation F. Award of Contract.

Section II: A. General Condition of contracts B. Sample Forms C. Contract form D. Performance Secretary form

Section III:

Technical Specification

Volume –3 : Technical Bid

Volume ­ 4 : Price Bid

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Volume 1 – Initial Filter

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GOVERNMENT OF ARUNACHAL PRADESH OFFICE OF THE CHIEF ENGINEER(E/Z) :: PUBLIC HEALTH ENGINEERING

DEPARTMENT :: ITANAGAR

No. PHED­(E/Z)/Drg/34/Vol­I/12­13 Dated Itanagar, the 10 th Jan’2013

NOTICE INVITING TENDER

The Chief Engineer (E/Z), PHE Department, Itanagar on behalf of the Governor of Arunachal Pradesh invites sealed tender from the manufacturer of Ductile Iron Pipe of reputed make upto 1500 hrs on 1 st Feb’2013 for supply of Ductile Iron pipe which will be opened on the same day at 1530 hrs in presence of the intending tenderers or authorized representative of the firm.

Sl.No. Description Estimated Cost Earnest Money 1. Supply of ISI Marked Centrifugally Cast (Spun)

Ductile Iron Pressure Pipes for Water ,Gas & Sewage with Socket & spigot end conforming to IS:8329/2000 (amendment update) in length of 4.00 mtr , 5.00mtr , 5.5mtr & 6.00 mtr suitable for push on joint ( Rubber Gasket Jointing) with Cement mortar lining inside the pipes with outside zinc coating with finished layer of Synthetic Resin(Blue Epoxy) Compatible with zinc coating (Class K­9 & Class K­7 ) along with supply of EPDM Quality of Rubber Gasket as per IS: 5382

Rs.960.00 lacs Rs.19.20 lacs

The tender paper can be had from the office of the undersigned on any working day in between 1000 hrs to 1600 hrs on payment of ` 1500.00 (Rupees One Thousand Five Hundred) only in the shape of DD (Non refundable) in favour of the undersigned payable at State Bank of India, Itanagar upto 1500 hrs on 31 st Jan’2013.

Earnest money amounting to Rs.19.20 lacs in the form of DD/DCR in favour of undersigned of any scheduled bank guaranteed by the Reserve Bank of India must accompany each tender, no other kind of deposit as earnest money will be accepted.

The undersigned reserves the right to reject any or all tenders without assigning any reason.

ELIGIBILITY CRITERIA: 1. The D.I. Pipes manufacturer with valid authorization/license as on date on

opening of tender shall be eligible to participate. The tenderer must enclose copies of documents showing BIS license registration number etc with proper validity alongwith the tender papers.

2. The manufacturer participating in the tender should have minimum 2(two) years of experience of manufacturing and supplying to Govt. Departments from 100 mm to 450 mm dia meter. Tenderer should furnish performance certificate in

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3. support of their work experience and their product from an officer of any Govt. Department not below the rank of Executive Engineer.

4. The manufacturers should submit supporting documents and all relevant test certificates of following test required for D.I. Pipes from the authorized competent authority of Govt. of India. a) Joint Leak Tightness Test b) Cement Lining Smoothness Type Test c) Potability Test

5. The D.I.Pipes will be zinc coated with finishing layers of synthetic resin (Blue Epoxy).

6. The manufacturer participating in the tender should not have been black listed in the past by any Central/State Govt. Department on part of manufacturing and supplying of Ductile Iron Pipes.

7. The tenderer must furnish upto date Income Tax & Sale Tax Clearance Certificate and indicate Sale Tax Registration Numbers/VAT and PAN Number and related document thereof by the competent authority.

8. The representative purchasing bid document on behalf of a manufacturer must produce attested copy of BIS license and the authority letter from the manufacturer

9. All other relevant information required to be furnished as indicated in the Bid documents.

Sd/­ Chief Engineer (E/Z)

PHE & W/S Department Itanagar

Memo No. PHED­(E/Z)/Drg/34/Vol­I/12­13 Dated Itanagar, the 10 th Jan’2013 Copy to:­

1. The Advertising Manager, The Arunachal Times/ Arunachal Front /The Echo of Arunachal/Times of India, New Delhi, with a request to publish the NIT along with the eligibility criteria in the single issue of their dailies on or before dated 11/01/2013 Bill in triplicate may be sent to the undersigned for payment.

2. The SPA to Secretary, PHE & WS for information please. 3. The Principal Resident Commissioner, Kautilya Marg, New Delhi – 110021 for

information please. 4. The Resident Commissioner, Kautilya Marg, New Delhi – 110021 for wide

circulation please. 5. The Deputy Resident Commissioner, Block­CE, 109 Salt Lake City, Kolkata­64 for

circulation please . 6. The Deputy Resident Commissioner, Guwahati. 7. The Chief Egngineer(W/Z)/ (D&P) /Sanitation for information. 8. The SE, PHE Circle, Miao/Bene For information. 9. The EE, PHE Division, Khonsa/ Changlang/Namsai/Aalo/ Roing For information 10. The SSW(E/Z) for publishing in the Department website. 11. Office Copy.

Sd/­ Chief Engineer (EZ)

PHE & W/S Department Itanagar

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Letter of Initial Filter

The Chief Engineer,(E/Zone) PHE & WS Deptt Itanagar

We, the undersigned, declare that:

(a) We have examined and have no reservations to the Bidding Document, including Addenda/Corrigendum…………………………………………………….. issued in

accordance with Instructions to Bidders;

(b) We offer to Supply, Delivery & Stacking of Ductile Iron Pipes (Item rate Contract) class K9 & K7 ISI marked conforming to IS 8329:2000 (Contract Package No……………….. ) in conformity with the Bidding Document.

(c) The total price of our Bid, excluding any discounts offered is given in the Price Proposal enclosed in separate envelope;

(d) Our bid consisting of the Initial Filter, the Technical Bid and the Price Bid which shall be valid for a period of 90 (Ninety) days from the date fixed for the bid submission deadline in accordance with the Bidding Documents, and it shall remain binding upon us and may be accepted at any time before the expiration of that period;

(e) If our bid is accepted, we undertake to provide an advance payment security/ performance security in the form, in the amounts, and within the time specified in the bidding documents;

(f) We accept the arrangement for resolution of disputes out of this contract;

(g) We undertake, if our bid is accepted, to supply material and to achieve Completion within the time stated in the bidding documents;

(h) We are not participating, as a Bidder in which ever capacity, in more than one bid in this bidding process.

(i) Until a formal contract is prepared and executed between us, this bid, together with your written acceptance thereof and your notification of award, shall constitute a binding contract between us;

We understand that you are not bound to accept the lowest or any bid you may receive. Name _______________________In the capacity of _______________________ Signed _____________________________ Duly authorized to sign the bid for and on behalf of__________________________ Dated on ________________________________ day of _______________, _____

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Bidder’s legal name

Bidder’s year of constitution

Bidder’s legal address

Bidder’s authorized representative ( name, address, telephone numbers, fax numbers, e­mail address )

Original Copy of authorization letter of the manufacturer in favor of its representative to present the manufacturer in the bidding process and to take any decision on behalf of the manufacturer that may be felt necessary in the process of bidding.

Bidder Information Sheet

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EMD Enclosures

Details of Demand Draft or Deposit at Call Receipt or Banker’s Cheque or Fixed

Deposit Receipt

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Volume 2 – Technical Bid Criteria Requirements

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2.1 Financial Situation

Requirement Bidder (Manufacturer)

Financial Performance Submission of audited balance sheets of last two years & upto date clearance certificate on Income Tax & Sale Tax. Sale Tax registration Numbers/VAT & PAN Numbers & related documents there of issued by the competent authority are required to be enclosed.

Must meet the requirement

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2.2 Experience/Performance

Factor Requirement Bidder(The

Manufacturer) Documentation Required

General Production Experience

(a) Should demonstrate to have a license issued by Bureau of Indian Standards (BIS) to manufacture/produce D.I. Pipes of diameter 100mm to 450mm class K7 & K9 as per IS 8329:2000 .(b) Should demonstrate the authority to put standard marks of Bureau of Indian Standards on pipes by obtaining a certification marks

Must meet the requirement

Attested copy of license by a legally authorized official to be enclosed.

Performance Experience

(a) Should Demonstrate to have proven track record of good performance of D.I. Pipes for last 2(two) years as per IS 8329:2000. It should be supported by the clients certificate.

Must meet the requirement

Original Certificate from an officer from any Govt. organization, Defence or Govt. recognized organization not below the rank of EE or equivalent.

(b) Joint Leak Tightness Test Joint design to meet up the IS specification to be proved by suitable Type Tests (proof of design test which is done preferably in last one year) and test results, certified by a Govt. recognized institution/inspection agency are to be submitted with the Technical Bid.

Must meet the requirement

Attested copy of test report to be submitted. Original may be shown through the representative at the time of opening of Technical Bid

(c ) Cement Lining Smoothness Type Test­ To ensure desired smoothness of Cement Mortar Lining, the bidder should submit "C" value test certificate (proof of Design Test, which is done preferably in last one year) showing the minimum Hazen Willam's "C" value of 140, corroborating the guideline of CPHEEO's manual water supply and Treatment (Table 6.1, page 108). The "C" value type test result certified by a Govt. recognized institution/inspection agency to be submitted with Technical Bid. The test sample diameters shall be chosen as per clause 9.2 of IS 8329:2000.

Must meet the requirement

Attested copy of test report to be submitted.

Original may be shown through the representative at the time of opening of

Technical Bid

(d) Portability Test ­Bidders shall ensure that the inside lining materials, cement mortar lining and rubber gasket which come in contact with the potable water, will not have any detrimental effect on the quality of water and should not impart any bad taste or foul odour as per Clause no.8.5 and 14 of IS : 8329:2000. Necessary Test Certificate from a Govt. recognized institution/agency is to be submitted with the Technical Bid.

Must meet the requirement

Attested copy of test report to be submitted.

Original may be shown through the representative at the time of opening of

Technical Bid

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2.3 Special Terms & Condition

Sl.No. Requirement Bidder(The

Manufacturer) Documentation Required

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Materials are to be inspected by the Director (Quality Assurance) New Delhi, or his authorized representative. Inspection charge as per actual should be included in the financial bid and its necessary documents should be furnished alongwith the bills by the successful tenderer to the concerned Executive Engineer

2 No any arbitration clause will be entertained at any cost.

3 Bidders are not allowed to submit any conditional Bids. Bidders having any deviation from the specification, terms & condition etc, as incorporated in the tender, shall not be considered.

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If the last date of issue of bid documents / last date for receipt and opening of quotation papers happen to be a holiday, the next working day will be considered last date of issue of bid documents / date of receipt and opening of quotation papers as applicable with all other terms and conditions remaining unchanged

5 Bidders should confirm, whether they are entitled for Sales Tax Remission. If they are entitled for remission, the same shall be passed on to Govt. of Arunachal Pradesh in order to avoid loss to the State Exchequer

6 Payment may be allowed against part / full supply as per availability of fund. No payments shall be made against dispatch documents or any bank guarantee

7 No claim for interest will be entertained for delayed payment.

8 The price shall remain firm within validity period, no claim on account of price variation on escalation shall be entertained, once the rates are finalized and agreement is signed

9 The firm will train PHE personal on laying and fitting of D.I.Pipes at free of Cost.

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The representative of tenderer must be present in person in office of undersigned on the day of opening of tender or later date as decided by department for power point presentation in respect of their past experiences on part of supply of D.I.Pipes and its field performance.

* Any manufacturer not fulfilling any of the conditions mentioned in the special terms and conditions or eligibility criteria’s need not apply.

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Section I INSTRUCTIONS TO BIDDERS

TABLE OF CLAUSES Clause Number

A. General 1 1. Source of Funds 1 2. Scope of Bid 1 3. Qualification of the Bidder. 1 4. One Bid per Bidder 1 5. Cost of Bidding 1 6. Assurance 1

B.Bidding documents 2 7.BiddingDocuments 2 8. Clarification of Bidding Documents. 2 9. Amendment of Bidding Documents

C. Preparation of Bids 10. Language of Bid 11. Documents Comprising the Bid 12. Bid prices 13. Currencies of Bid and Payment 14. Documents Establishing Eligibility of the Bidder and the Goods 15. Qualifications to Perform the Contract 16. Documents Establishing the Good‟s Conformity to the Bidding Documents. 17. Bid Security.. 18. Period of Validity 19. Format and Signing of Bids

D. Submission of Bids. 20. Sealing and Marking of Bids 21. Deadline for Submission of Bids 22. Late Bids 23. Withdrawal of Bids

E. Bid Opening and Evaluation 24. Opening of Bids by Purchaser 25. Process to be Confidential 26. Clarification of Bids 27. Preliminary Examination of Bids 28. Evaluation and Comparison of Bids 29. Purchaser‟s Right to Accept Any Bid and to Reject Any or All Bids

F. Award of Contract 30. Post qualification and Award 31. Notification of Award 32. Signing of Contract 33. Performance Security

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Section I INSTRUCTIONS TO BIDDER

A. GENERAL

1. Source of Funds 1.1 “Improvement & Augmentation of Water Supply at Khonsa and Longding.

2. Scope of Bid 2.1 The Chief Engineer, PHED, E­Zone Govt of Arunachal Pradesh, India (hereinafter referred to as “the Purchaser”) wishes to receive Bids for Procurement (Supply, Delivery and Stacking) of Ductile Iron Pipes (Item Rate Contract) of ISI marked class K7 & K9 conforming to IS 8329:2000 as below:

SI NO

NAME OF PROJECT

DIA OF PIPE

CLASS OF PIPE

LENGTH IN Mtr.

1 “Providing Water Supply at Longding

township

200 K­7 30,000

2 “Augmentation of Water Supply at Khonsa township

200 K­7 15,000

Supplies are to be completed and achieved within a period of 60 (Sixty) days. Offloading and Stacking are responsibilities of Supplier. Store facilities are located at the work site at Longding, and Khonsa Zonal store Mohanbari Dibrugarh Assam.

2.2 All Bids are to be completed and returned to the Purchaser in accordance with these Instructions to Bidders.

3. Qualification of the Bidders 3.1 Qualification of the Bidder

To be qualified for award of Contract, bidders shall: (a) submit a written power of attorney authorizing the signatory of the bid to commit the bid; and

(b) submit documentary evidence establishing that the bidder has adequate experience, financial Competency and technical capability to undertake the Contract

4. One Bid per Bidder 4.1 Each bidder shall submit only one bid by itself

5. Cost of Bidding 5.1 The bidder shall bear all costs associated with the preparation and delivery of its Bid, and the Purchaser will in no case be responsible or liable for those costs.

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6. Assurance 6.1 The successful bidder will be required to give satisfactory assurance of its ability and intention to deliver the Goods, pursuant to the Contract, within the time set forth therein.

B. THE BIDDING DOCUMENTS. 7. Bidding Documents 7.1 The bidding documents are those stated below, and should be

read in conjunction with any Addenda issued subsequently.

Invitation for Bids Initial Filter Letter of Initial Filter Bid information sheet with Authorization letter

Technical Qualification Criteria’s Instructions to Bidders General Conditions of Contract Material Requirement­ Technical Specifications Technical Bid Letter of Technical Bid Technical Schedules Price Bid Letter of Price Bid Price Schedules

7.2 The bidder is expected to examine the Bidding Documents, including all instructions, forms, terms and specifications. Failure to furnish all information required by the Bidding Documents or submission of a Bid not substantially responsive to the Bidding Documents will result in the rejection of the Bid.

8. Clarification of Bidding Documents 8.1 Prospective bidders requiring any further information or

clarification of the Bidding Documents may notify the Purchaser in writing or by fax (hereinafter, the term “fax” is deemed to include electronic transmission such as facsimile, cable, and telex) at the Purchaser‟s mailing address indicated in the Invitation for Bids. The Purchaser will respond in writing to any request for information or clarification of the Bidding Documents, which it receives not later than 7 days prior to the deadline for the submission of Bids prescribed by the Purchaser. The Purchaser‟s response will be sent in writing or by fax to all prospective bidders who have received the Bidding Documents.

9. Amendment of Bidding Documents 9.1 At any time prior to the deadline for submission of Bids, the

Purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify the Bidding Documents by issuing addendum.

9.2 The addendum shall be part of the Bidding Documents, pursuant to Clause 9.1, and shall be communicated in writing or by fax to all prospective bidders who have received the Bidding Documents, and will be binding on them.

The purchaser has the discretion reserved for extension of deadline of submission of bids under situation which he deems justified.

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C. PREPARATION OF BIDS

10. Language of Bid 10.1 The Bid prepared by the bidder, and all correspondence and documents relating to the Bid exchanged between the bidder and the Purchaser, shall be written in the English language.

11. Documents Comprising the Bids 11.1 The Bid prepared by the bidder shall comprise the following

components:

(a) The Bid shall comprise two envelopes submitted simultaneously, one called the “Initial Filter and Technical Bid‟. The other one containing the Price Bid.”

(b) Documentary evidence establishing, in accordance with Clause 16, that the bidder is eligible to bid and that the Goods to be supplied by the bidder are eligible Goods;

(c) Documentary evidence establishing in accordance with Clause 17, that the bidder is qualified to perform the Contract if its Bid is accepted;

(d) Documentary evidence establishing, in accordance with Clause 17, that the Goods to be supplied by the bidder conform to the Bidding Documents; and

(e) Bid security to be furnished.

11.2 The Initial Filter shall comprise the following:

(a) Letter of Initial Filter;

(b) Bidder information sheet

(c ) Authority Letter

(d) EMD documents

11.3 The Technical Bid shall comprise the following:

(a) Letter of Technical Bid

(b) Financial Situation

(c) Experience/Performance

11.4 The Price Bid shall comprise the following:

(a) Letter of Price; and

(b) Price Schedules

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12. Bid Prices 12.1 The bidder shall complete the appropriate Price Schedules included herein, stating the unit prices, total price per item, the total amount.

12.2. Prices quoted in the Price Schedules should be entered separately in the following manner.

(a) The price of the goods quoted ex­work site at Longding, storing space shall be arranged by EE,PHED, Khonsa (b) The price of the goods quoted ex­work site at Khonsa, storing space shall be arranged by EE,PHED, Khonsa

( c) The price of the goods quoted ex­Mohanbari (Zonal Store of PHED) Dibrugarh Assam.

(a) Rates with Exemption from Excise Duty: The Government of India, Ministry of Finance and Company Affairs, Department of Revenue has issued Notification No. 6/2007 dated 1.03.2007 and No. 26/2009 dated 4.12.2009 according to which Excise duty on pipes required for intended use has been exempted based on certification by District collector of the area. This Certificate shall be arranged by the Executive Engineer, PHED, Khonsa Govt. of Arunachal Pradesh and provided to the firm by the Executive Engineer not later than commencement of the Stipulated delivery period. No excise duty shall be applicable on the pipes supplied against the supply orders for which the said certificates have been provided. The rates are to be quoted by the firm keeping in view that no excise duty shall be applicable on those pipes as relevant excise duty exemption certificate shall be arranged by the Executive Engineer, PHED, Khonsa Govt. of Arunachal Pradesh. However the bid prices will include any other taxes that is being imposed on the goods by GoI or the State Govt currently for e.g 4% entry tax which is being changed by the Tax & Excise department, Govt.of Arunachal Pradesh.

Prices quoted by the bidder shall remain fixed and valid until completion of the Contract performance and will not be subject to variation on any account.

13. Currencies of Bid and Payment 13.1 The unit rates and the prices shall be quoted by the bidder

in INR

13.2 Payment of the contract price shall be made in INR

14.Documents 14 .1 The bidder shall furnish, as part of its Bid, Establishing all necessary certificates as sought for in the Bid. Eligibility of the Bidder and the goods

15. Qualifications to Perform the Contract a) Bidder should be Manufacturer/Producer of Ductile Iron

Pipes IS marked class K7 & K9 conforming to IS 8329:2000 of sizes 100mm to 450mm and should have

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the financial, technical and production capability necessary to perform the Contract;

b) All informations to prove qualification and eligibility of the bidder as necessitated in the Bid.

16. Documents Establishing the Goods’ Conformity to the Bidding Documents 16.1 The documentary evidence of the Goods conformity

to the Bidding Documents may be in the form of literature, drawings or data, and shall furnish:

(a) a detailed description of the Goods essential technical and performance characteristics.

16.2 (a) Documents of valid license issued by competent Authority of BIS for a minimum period of 3 (three) years to manufacture/produce D.I. pipes class K7 & K9 Diameter100mm to 450mm as per IS 8329:2000.

(b) Documents to demonstrate having the authority to put standard marks of Bureau of Indian Standards on pipes by obtaining a certification marks licence, as per IS 8329:2000 by Bureau of Indian Standards, as per gazette notification No S.O. 2749(E) dated 30 th October 2009 issued by Ministry of Commerce & Industry. The certification marks license should be submitted along with the bids.

(c) Documents of experience of manufacturing and supply of D.I. Pipes Diameter 100 mm to 450mm class K7 & K9 as per IS 8329:2000 at least for the last three years to be authenticated by certificate of client which will be any Govt. organization in India or defence service or GOI’s undertaking to be issued by an officer not below the rank of Executive Engineer or equivalent.

17. Bid Security 17.1 The bidder shall furnish, as part of its bid, a bid security in the amount INR ……… Lacs

17.2 The Earnest Money Deposit shall at the bidders option, be in the form of a Demand Draft or Deposit at Call Receipt or Banker’s Cheque or Fixed Deposit Receipt.

17.3 Any bid not accompanied by an acceptable bid security shall be rejected by the Purchaser as non responsive.

17.4 The bid securities of unsuccessful bidders will be returned as promptly as possible, but not later than 28 days after the expiration of the period of bid validity.

17.5 The bid security of the successful bidder will be returned when the bidder has signed the Agreement and furnished the required Performance Security.

17.6 The bid security may be forfeited

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(a) if the bidder withdraws its bid during the period of bid validity;

18. Period of Validity 18.1 Bids shall remain valid for 90 days after the date of closing of Bids prescribed by the Purchaser Upon acceptance, the rates and terms would remain valid for orders to be placed up to 12 calendar months. In case however, during the validity of this quotation the DGS&D finalizes their rate contract as in the past the Department would reserve its right to review its options and if necessary rescind this Bid.

19. Format and Signing of Bid 19.1 The original copy of the bid shall be typed or written in

indelible ink and shall be signed by the bidder or a person or persons duly authorized to sign on behalf of the bidder. Written power­of­attorney accompanying the Bid shall indicate such authorization. All pages of the Bid, except for un amended printed literature, shall be initialed by the person or persons signing the Bid. The name and position held by each person signing must be typed or printed below the signature.

19.2 The Bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder, in which case such corrections shall be initialed by the person or persons signing the Bid.

D. SUBMISSION OF BIDS

20. Sealing and Marking of Bids 20.1 The bidder shall enclose the Initial Filter & Technical

Bid, and the Price Bid, in separate sealed envelopes, duly marking the envelopes as “ Initial Filter and Technical Bid”, “ Price Bid”, “

20.2 The bidder shall seal the Bid in an inner and an outer envelope

20.3 The inner and outer envelopes shall:

(a) be addressed to the Purchaser at the following address;

The Chief Engineer PHED,(E/Z) C­Sector, near Itanagar Police Station, Itanagar­791111,Arunachal Pradesh

(b) bear the words “Improvement & Augmentation of Water Supply at Longding, W/S at Khonsa. S:H:­ Procurement (Supply, Delivery &

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Stacking) of Ductile Iron Pipes (Item Rate Contract) class K7 & K9 ISI marked conforming to IS 8329:2000 (contract Package No. (K&L)WS Dı and the words “DO NOT OPEN BEFORE on 1530hrs on day 1 st Feb’2013.

20.4 In addition to the information required in sub clauses (a) and (b) above, the inner envelope shall indicate the name and address of the bidder to enable the Bid to be returned unopened in case it is declared “Late” pursuant to Clause 22.

21. Deadline for Submission of Bid 21.1 The Bid must be received by the Purchaser at the

address specified above on or before 1500 hrs of day 1 st Feb’2013.

21.2 The Purchaser may, at its discretion, extend the deadline for the submission of Bids by amending the Bidding Documents in which case all rights and obligations of the Purchaser and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

22. Late Bids 22.1 Any Bid received by the Purchaser after the deadline for submission of Bids prescribed by the Purchaser, will be declared “Late” and rejected and returned unopened to the bidder.

23. Withdrawal of Bids 23.1 The bidders withdrawal notice shall be prepared,

sealed, marked and dispatched with the outer and inner envelopes additionally marked “WITHDRAWAL”,A withdrawal notice may also be sent by fax but must be followed by a signed confirmation copy.

23.2 No Bid may be withdrawn in the interval between the deadline for submission of Bids and the expiration of the period of bid validity specified by the bidder on the Bid Form. Such withdrawal may result in the for forfeiture of the bid security.

E. BID OPENING AND EVALUATION

24. Opening of Bids by Purchaser 24.1 The Purchaser shall open the envelope the Initial

Filter & Technical Bid – in the presence of bidders‟ representatives who choose to attend, at 1530 hrs on 1 st Feb’2013 and in the following location, The Office of the Chief Engineer (EZ),Public Health Engineering Department, Arunachal Pradesh, Itanagar. The bidders representatives who are present shall sign a register evidencing their attendance. The Price Bid Envelope shall remain unopened during the Initial Filter & Technical Evaluation; the Price Bid of the Technical non­responsive Bidders shall be returned unopened. The evaluator shall open the Price Bid of all Bidders who complied with the

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Initial Filter and submitted substantially responsive Technical Bids.

24.2 The bidders names, bid prices, all discounts offered, bid withdrawals, and the presence or absence of the requisite bid security, and such other details as the Purchaser, at its discretion, may consider appropriate will be announced and recorded at the opening. Any bid price or discount, which is not read out and recorded at bid opening, will not be taken into account in bid evaluation. The bidder’s representatives will be required to sign the record.

25 Process to be Confidential 25.1. Information relating to the examination, clarification,

evaluation and comparison of Bids and recommendations for the award of a contract shall not be disclosed to bidders or any other persons not officially concerned with such process. Any efforts by a bidder to influence the Purchaser’s processing of Bids or award, decisions may result in the rejection of the bidder’s Bid. The request for clarification and the response shall be in writing or by fax, but no change in the price or substance of the bid shall be sought, offered or permitted except as required to confirm the correction of arithmetic errors discovered by the Purchaser in the evaluation of the bids in accordance with sub­clauses 30.2 / 30.3.

26 Clarification of Bids 26.1. To assist in the examination, evaluation and

comparison of Bids, the Purchaser may, at its discretion, ask the bidder for a clarification of its Bid. All responses to request for clarification shall be in writing, and no change in the price or substance of the Bid shall be sought, offered or permitted.

27. Preliminary Examination of Bids 27.1 The Purchaser will examine the Bids to determine

whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed, and whether the Bids are generally in order.

27.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy between the unit price and the total price per item that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price per item will be corrected. If there is a discrepancy between the Total Amount and the sum of the total price per item, the sum of the total price per item shall prevail and the Total Amount will be corrected.

27.3 The amount stated in the Form of Bid will be adjusted by the Purchaser in accordance with the above procedure for the correction of errors and, shall be considered as binding upon the bidder. If the bidder does not accept the

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corrected amount of bid, its bid will be rejected, and the bid security may be forfeited .

27.4 Prior to the detailed evaluation, the Purchaser will determine the substantial responsiveness of each Bid to the Bidding Documents including acceptable quality of the Goods offered. A substantially responsive Bid is one which conforms to all the terms and conditions of the Bidding Documents without material deviation.

27.5 A Bid determined as not substantially responsive will be rejected by the Purchaser and cannot be subsequently made responsive by the bidder by correction of the non­ conformity.

27.6 The Initial Filter will be evaluated first. The Technical Bids of bidders determined to be responsive to the Initial Filter will be evaluated.

27.7 At the end of the evaluation of the Technical Bids, the Employer will invite Bidders who have submitted substantially responsive Technical Bids and who have been determined as in compliance with the requirements of the technical bids , to attend the opening of the Price Bids. The date, time, and location of the opening of Price Bids will be advised in writing by the Purchaser

27.8 The Purchaser will notify Bidders in writing who have been rejected on the grounds of their Initial Filter and Technical Bids being substantially non­responsive to the requirements of the Bidding Document and return their Price Bids unopened.

27.9 The Purchaser shall conduct the opening of Price Bids of all Bidders who submitted substantially responsive Technical Bids, in the presence of Bidder’s representatives who choose to attend at the address, date and time specified by the Purchaser. The Bidder’s representatives who are present shall be requested to sign a register evidencing their attendance.

27.10 All envelopes containing Price Bids shall be opened one at a time, reading out:

(a) the name of the Bidder and (b) the Bid Price(s), including any discounts.

Only Price Bids discounts read out and recorded during the opening of Price Bids shall be considered for evaluation. No Bid shall be rejected at the opening of Price Bids.

27.11 Bids not opened and read out at bid opening shall not be considered further for evaluation, irrespective of the circumstances.

28 Evaluation and

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Comparison of Bids 28.1 The Purchaser will evaluate and compare the Bids previously determined to be substantially responsive.

(a) any allowance for price adjustment during the period of execution of the contract, if provided in the bid.

28. 2 The comparison shall be of

Price of the Goods to be delivered at final destination including transportation, transit insurance, etc.

a) The price of the goods quoted ex­work at Longding.

(b) The price of the goods quoted ex­work at Khonsa

(c) The price of the goods quoted ex­Mohanbari(Zonal Store of PHED) Dibrugarh Assam.

29. Purchaser’s Right to Accept Any Bid and to Reject Any or All Bids 29.1 The Purchaser reserves the right to accept or reject

any Bid and to annul the bidding process and reject all Bids at any time prior to award of Contract, without thereby incurring any liability to the affected bidder or bidders or any obligation to inform the affected bidder or bidders of the grounds for the Purchaser’s action.

F. AWARD OF CONTRACT

30. Post qualification and Award 30.1 The Purchaser will determine to its satisfaction

whether the bidder selected as having submitted the lowest­evaluated, responsive Bids qualified to satisfactorily perform the Contract.

30.2 The Purchaser will award the Contract to the successful bidder whose Bid has been determined to be the lowest evaluated, responsive Bid, provided further that the bidder is determined to be qualified to satisfactorily perform the Contract.

31. Notification of Award 31.1 The Purchaser will notify the successful bidder in

writing by registered letter, or by fax to be confirmed in writing by registered letter, that its Bid has been accepted.

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31.2 The notification of award will constitute the formation of a contract,

32. Signing of Contract 32.1 At the time of notification of award, the Purchaser will

send the successful bidder the Contract Form provided in these Bidding Documents, incorporating all agreements between the parties.

32.2 Within fourteen (14) days of receipt of such Contract Form the successful bidder shall sign and date the Contract and return it to the Purchaser.

33. Performance Security 33.1 Within twenty­eight (28) days of the receipt of

notification of award from the Purchaser, the successful bidder shall furnish the Performance Guarantee, in the form of DCR or FDR or a Irrevocable Bank Guarantee from a Nationalised bank in the name of Chief Engineer(E/Z) PHED with a validity period of 90 days.

33.2 Failure of the successful bidder to comply with the requirements of Clauses 32.2 and 33.1 shall constitute sufficient grounds for the annulment of the award and forfeiture of the bid security.

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Section II

GENERAL CONDITIONS OF CONTRACT

Clause Number

1. Definitions

2. Use of Contract Documents and Information.

3. Change Orders

4. Contract Amendments

5. Subcontracts

6. Inspection and Tests

7. Packing

8. Delivery and Documents

9. Patent Rights

10. Performance Security

11. Insurance

12. Warranty

13. Payment

14. Prices

15. Extensions of delivery period

16. Termination for Default

17. Termination for Insolvency

18. Termination for Convenience

19. Resolution of Disputes

20. Force Majeure

21. Assignment

22. Contract Language

23. Taxes and Duties

24. Headings

25. Waiver

26. After Sale Service

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Section II GENERAL CONDITIONS OF CONTRACT

1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated:

(a) “The Contract” means the agreement entered into between the Purchaser and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein.

(b) “The Contract Price” means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations.

(c) “The Goods” means all the equipment, machinery, and/or materials which the Supplier is required to supply to the Purchaser under the Contract.

(d) “The Services” means those services ancillary to the supply of the Goods, such as transportation and insurance, provision of technical assistance, training, and other such obligations of the Supplier covered under the Contract.

(e) “The Purchaser” means the organization purchasing theGoods, as named in the Bid documents.

(f) “The Supplier” means the individual or firm supplying the Goods and Services under this Contract.

(g) PHED means Public Health Engineering Deptt.

(h) “Day” means calendar day.

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2. Use of Contract Documents and Information 2.1 The Supplier shall not, without the Purchaser’s prior

written consent, disclose the Contract, or any provision thereof or any specification, drawings, pattern, sample of information furnished by or on behalf of the Purchaser in connection therewith, to any person other than a person employed by the Supplier in the performance of the Contract. Disclosure to any such employed person shall be made in confidence and shall extend only so far as may be necessary for purposes of such performance.

2.2 The Supplier shall not, without the Purchaser’s prior written consent, make use of any document or information specified in clause 2.1 above, except for purposes of performing the Contract

2.3 Any document, other than the Contract itself, specified in Clause2.1 above, shall remain the property of the Purchaser and shall be returned (in all copies) to the Purchaser, on completion of the Supplier’s performance under the Contract, if so required by the Purchaser.

3. Change Orders 3.1 The Purchaser may at any time, by a written notice to the Supplier, make changes within the general scope of the Contract in any one or more of the following:

(a) Drawings, designs or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the Purchaser; or

(b) The place of delivery.

3.2 Upon notification by the Purchaser of such change, the Supplier shall submit to the Purchaser an estimate of cost for the proposed change (hereinafter referred to as the Change) within ten (10) calendar days of receipt of notice of the Change, and shall include an estimate of the impact (if any) of the Change on the delivery dates under the Contract, as well as a detailed schedule for the execution of the Change, if applicable.

3.3 The Supplier shall not perform Changes in accordance with Clause 3.1 above until the Purchaser has authorized a Change Order in writing on the basis of the estimate provided by the Supplier as described in Clause 3.2 above.

3.4 Changes mutually agreed upon as a Change shall constitute a part of the work under this Contract, and the provisions and conditions of the Contract shall apply to said Change.

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4 Contract Amendments 4.1 Subject to Clause 3, no variation in or modification of the conditions and terms of the Contract shall be made except by written amendment signed by the parties.

5. Sub contracts 5.1 The Supplier shall not subcontract all or any part of the Contract.

6. Inspection and Tests 6.1 The Purchaser or its representative shall have the right to

inspect and/or to test the Goods to confirm their conformity to the Specifications.

6.2 The inspections and tests may be conducted on the premises of the Supplier, at point of delivery and at the Goods‟ final destination. When conducted on the premises of the Supplier, all reasonable facilities and assistance, including access to drawings and production data shall be furnished to the inspectors at no charge to the Purchaser.

6.3 Should any inspected or tested Goods fail to conform to the Specifications, the Purchaser may reject them, and the Supplier shall either replace the rejected Goods or make all alterations necessary to meet the requirements of the Specifications, free of cost to the Purchaser.

6.4 The Purchaser’s right to inspect, test and, where necessary, reject the Goods after the Goods‟ arrival in the delivery point Purchaser’s shall in no way be limited or waived by reason of the Goods’ having previously been inspected, tested and passed by the Purchaser or its representatives prior to the Goods‟ shipment from the factory of the supplier.

6.5 Nothing in this Clause 6 shall in any way release the Supplier from any Warranty or other obligations under the Contract.

7. Packing 7.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing case size and weights shall take into consideration, where appropriate, the remoteness of the Good’s final destination and the absence of heavy handling facilities at all points in transit.

7.2 The packing, marking and documentation within and outside the packages shall comply strictly with such special requirements as shall be provided for in the Contract, including additional requirements, if any as ordered by the Purchaser.

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8. Delivery and Documents 8.1 The Supplier in accordance with the terms specified in the

Technical Specifications shall make delivery of the Goods F.O.R at work site/store Longding & Khonsa. Upon delivery of the Goods to the transporter, the Supplier shall notify the Purchaser and mail the following documents to the Executive Engineer PHED PHED Khonsa: (i) Copies of the Supplier’s invoice showing Good’s description, quantity, unit price, and total amount;

(ii) Delivery note, Railway receipt, or Truck receipt;

(iii) Manufacturer’s or Supplier’s warranty certificate;

(iv) Inspection certificate issued by the nominated GoI’s inspection agency, and the Supplier’s factory inspection reports; and

(v) Insurance Certificate

8.2 Storing/Staking facilities are to be provided by EE PHED Khonsa, Arunachal Pradesh. Offloading and stacking are responsibilities of the suppliers

9. Patent Rights 9.1 The Supplier shall indemnify and hold the Purchaser harmless against all third­party claims of infringement of patent, trademark or industrial design rights arising from use of the Goods or any part thereof.

10. Performance Security 10.1 The Supplier shall cause Performance Security to be

furnished to the Purchaser to the amount equivalent to 5% of contact price. Such Performance Security shall be provided, in a form satisfactory to the Purchaser and as indicated in form , within twenty eight (28) days after the Supplier’s receipt of the notification of award of contract.

10.2 The proceeds of the Performance Security shall be payable to the Purchaser as compensation for any loss resulting from the Supplier’s failure to complete its work under the Contract. The Supplier shall cause the validity period of the performance security to be extended for such period(s) as the contract performance may be extended by the purchaser.

10.3 The Performance Security shall be denominated in a currency of the Contract and shall be in one of the following forms:

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(a) An Irrevocable Bank Guarantee, issued by a bank acceptable to the Purchaser, or in such other form as is acceptable to the Purchaser in the form of given at or

(b) A DCR or FDR issued by a Nationalized Bank.

10.4 The performance security will be discharged/returned by the Purchaser not later than the warranty period as stated in clause 12.

11. Insurance 11.1 All Goods supplied under the Contract shall be fully insured in a freely convertible currency against loss or damage incidental to manufacture or acquisition, transportation, storage and delivery, in the manner specified in the Special Conditions of Contract.

12. Warranty 12.1 The Supplier warrants to the Purchaser that the Goods supplied under the Contract will comply strictly with the Contract, shall be first class in every particular case and shall be free from defects. The Supplier further warrants to the Purchaser that all materials supplies furnished by the Supplier for the purpose of the Goods will be new, merchantable of the most suitable grade, and fit for their intended purposes.

12.2 This Warranty shall remain valid for Twelve (12) months after the Goods, or any portion thereof, as the case may be, have been delivered.

12.3 The Purchaser shall promptly notify the Supplier in writing of any claim arising under this Warranty.

12.4 Upon receipt of such notice, the Supplier shall promptly repair or replace the defective Goods or parts thereof, without cost to the Purchaser.

12.5 Without prejudice to Clauses 12.2 and 12.4 above, the Supplier shall promptly correct, at no cost to the Purchaser, any defect in any work of correction performed pursuant to Clauses 12.2 and 12.4 above, upon receipt of written notice of defect within Two (2) months from acceptance of the corrected defect.

12.6 If the Supplier, having been notified, fails to remedy the defect(s) in accordance with the Contract, the Purchaser may proceed to take such remedial action as may be necessary, at the Supplier’s expense. The Supplier’s Warranty pursuant to this Clause 12 is without prejudice to any other rights or remedies, which the Purchaser may have against the Supplier under the Contract.

13. Payment 13.1 After receipt of materials the payment shall be made within Two (2) months from the date of receipt of funds from GoI and Budget clearance from State Government. Five percent of the contact price shall be retained after full execution of contract till the expiry of warranty.

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13.2 On Expiration of Warranty: Five (5) percent of the Contract Price of Goods received shall be paid within thirty (30) days upon expiration of the warranty period specified in Clause 12 of the General Conditions of Contract.

14. Prices 14.1 Prices shall remain fixed as per bid offered with the exception of any change in price resulting from a Change Order issued if any by the purchaser.

15. Extension of delivery period 15.1 Delivery of the Goods shall be made by the Supplier within

sixty (60) days of receipt of the supply order.

15.2 The Supplier may claim extension of the time limit in case of:

(a) Changes in the Goods ordered by the Purchase.

(b) Delay of any materials, drawings or services which are to be provided by the Purchaser, if any

(c) Force Majeure pursuant to Clause 20; and

(d) Delay in performance of work caused by orders issued by the Purchaser.

The Supplier shall demonstrate to the Purchaser’s satisfaction that it has used its best endeavors to avoid or overcome such causes for delay, and the parties will mutually agree upon remedies to mitigate or overcome such causes for delay.

15.3 Notwithstanding Clause 15.2 above, the Supplier shall not be entitled to an extension of time for completion unless the Supplier, at the time of such circumstances arising, immediately has notified the Purchaser in writing of any delay that it may claim as caused by circumstances pursuant to Clause 15.2 above; and upon request of the Purchaser, the Supplier shall substantiate that the delay is due to the circumstances referred to by the Supplier.

16. Termination for Default 16.1 The Purchaser may, without prejudice to any other remedy for

breach of Contract, by written notice of default sent to the Supplier, terminate the Contract in whole or in part:

(a) If the Supplier fails to deliver any or all of the Goods within the time period(s) specified in the Contract, or any extension thereof granted by the Purchaser, pursuant to Clause 15; or

(b)If the Supplier fails to perform any other obligation(s) under the Contract; and

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(c)If the Supplier, in either of the above circumstances, does not cure its failure within a period of ten (10) calendar days (or such longer period as the Purchaser may authorize in writing) after receipt of a notice of default from the Purchaser specifying the nature of the default(s).

16.2 In the event the Purchaser terminates the Contract in whole or in part, pursuant to Clause 17.1 above, the Purchaser may procure, upon such terms and in such manner as it deems appropriate, goods similar to those undelivered, and the Supplier shall be liable to the Purchaser for any excess costs for such similar goods. Notwithstanding the above, the Supplier shall continue performance of the Contract to the extent not terminated.

17. Termination for Insolvency 17.1 The Purchaser may at any time terminate the Contract by

giving written notice to the Supplier, without compensation to the Supplier, if the Supplier becomes bankrupt or otherwise insolvent. Notwithstanding the above, such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the Purchaser.

18. Termination for Convenience 18.1 The Purchaser may, by written notice sent to the Supplier,

terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective.

19. Resolution of Disputes 19.1 The Purchaser and the Supplier shall make every effort to

resolve amicably by direct informal negotiation any disagreement or dispute arising between them under or in connection with the Contract.

19.2 If, after thirty (30) days from the commencement of such informal negotiations, the Purchaser and the Supplier have been unable to resolve amicably a Contract dispute, either party may require that the dispute be referred for resolution by arbitration in which case it will be dealt within the jurisdiction of Itanagar Bench of Guwahati High Court as per legal constitution approved under Indian legal system.

20. Force Majeure 20.1 In the event that the Supplier or the Purchaser is delayed in performing any of their respective obligations under the Contract, and such delay is caused by Force Majeure, including but not limited to war, civil insurrection, fires, floods, epidemics, earthquakes, such delay may be excused as provided in Clause 15,

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and the period of such delay may be added to the time of performance of the obligation delayed.

20.2 If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in writing of such condition and the cause thereof. Unless otherwise directed by the Purchaser in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event.

21. Assignment 21.1 The Supplier shall not assign, in whole or in part, its obligations to perform under the Contract, except with the Purchaser’s prior written consent.

22. Contract Language 22.1 The Supplier hereby represents that it has sufficient

knowledge of the English language fully to understand the Contract. The Contract shall be in the English language, and all documentation related hereto will also be in the English language, except if otherwise specifically agreed in writing between the parties.

22.2 The Supplier shall bear all costs of translation to English and all risks of the accuracy of such translation.

23. Taxes and Duties 23.1 The Supplier shall be entirely responsible for all taxes, stamp

duties and other such levies imposed in the country.

24. Headings 24.1 Headings, whether of clauses or of other parts of the Contract, are for reference only and are not to be construed as part of the Contract.

25. Waiver 25.1 Failure of either party to insist upon strict performance by the other party of any provision of the Contract shall in no way be deemed or construed to affect in any way the right of that party to require such performance.

26. After Sale Service 26.1 The supplier shall provide after sale services like training to department workers on laying, fitting, fixing and share technical inputs in critical work situations when ever necessary and whenever called for by the purchaser.

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SAMPLE FORMS

1. Contract Form

2. Bid Security Form

3. Performance Security Form

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Contract Form

THIS CONTRACT made the ___________day of _________, ______(state year), between The Chief Engineer, PHED E/Zone (hereinafter referred to as “the Purchaser”) of the one part and ____________________________ and [Name of Supplier] of___________________________ [City of Supplier] (hereinafter “the Supplier”) of the other part.

WHEREAS the Purchaser is desirous that certain goods be provided by the Supplier, viz., Supply, Delivery & Stacking of Ductile Iron Pipes ISI marked class K7 & K9 conforming to IS 8329:2000 (hereinafter “the Goods”) and has accepted a Bid by the Supplier for the provision of those Goods for a sum of _____________________________ [Contract Price in Words and Figures] (herein after “the Contract Price”).

NOW THIS CONTRACT WITNESSETH AS FOLLOW:

1. The Contract shall consist of this Contract Form; and the following documents, and the exhibits, drawings, specifications and other documents referred to therein

(hereinafter the “Contract documents”) , all of which by this reference are incorporated herein and made part hereof:

(a) Notification of Award; (b) Price Bid Form and Price Schedules; ( c) General Conditions of Contract; (d ) Specifications; and quality of materials.

This Contract sets forth the entire contract and agreement between the parties pertaining to the supply of the Goods described herein and supersedes any and all earlier verbal or written agreements pertaining to the supply of the Goods.

This Contract shall prevail over all other Contract documents. In the event of any discrepancy or inconsistency within the Contract documents, then the documents shall prevail in the order listed above.

2. In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned, the Supplier hereby covenants with the Purchaser to provide the Goods and to remedy defects therein in conformity in all respects with the provisions of the Contract.

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3. The Purchaser hereby covenants to pay the Supplier, in consideration of the provision of the Goods and the remedying of defects therein, the Contract Price or such other sum as may become payable under the provisions of the Contract, at the times and in the manner prescribed by the Contract.

4. Any notice under this Contract shall be in the form of letter, telex, cable or facsimile. Notices to either party shall be given at such address or addresses as such party shall specify from time to time by written notice to the other. In the absence of such notice to the contrary, notice to the Purchaser shall be properly addressed to:

Chief Engineer, PHED (E/Z) ‘C’ Sector near Itanagar Police Station

Govt. of Arunachal Pradesh Itanagar­791111

and notice to the Supplier shall be properly addressed to:

[Supplier’s address and electronic transmission address]

______________________________________________________________________________

A notice shall be effective when delivered or on the notice’s effective date, whichever is later.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in accordance with their respective laws the day and year first above written.

_________________________________ Signature of Purchaser

____________________________________ Signature of Supplier

Signed, Sealed and Delivered by the said___________________________________ (For the Purchaser) in the presence of_____________________________________

Signed, Sealed and Delivered by the said__________________________________ (For the Supplier) in the presence of_____________________________________

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Performance Security Form (Bank Guarantee)

THIS AGREEMENT is made on the____________day of______________ between _______________________________[name of bank] of [address of bank] (hereinafter called “the Guarantor”) of the one part and ________________The Chief Engineer (E/Z),PHED, Arunachal Pradesh (hereinafter called “the Purchaser”) of the other part.

WHEREAS (1) this agreement is supplemental to a contract (hereinafter called “the Contract”) made

Between_________________[name of Contractor] of ___________________[address of Contractor](hereinafter called “the Contractor”) of the one part and the Purchaser of the other part whereby the Contractor agreed and undertook to execute the Works of______________ Procurement ( Supply, Delivery & Stacking) of Ductile Iron Pipes (Item Rate Contract) IS marked class K7 & K9 conforming to IS 8329:2000 Standard Contract Package No……… …. for the sum of­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ ________________[amount in Contract currency] being the Contract Price; and

(2) The Guarantor has agreed to guarantee the due performance of the Contract in the manner hereinafter appearing.

NOW, THEREFORE, the Guarantor hereby agrees with the Purchaser as follows:

(a) If the Contractor (unless relieved from the performance by any clause of the Contract or by statute or by the decision of a tribunal of competent jurisdiction) shall in any respect fail to execute the Contract or commit any breach of his obligations there under then the Guarantor will indemnify and pay the Purchaser the aggregate sum of ___________[amount of Guarantee] __________________[in words], such sum being payable at Itanagar, Arunachal Pradesh in the types and amounts of currencies in which the Contract Price is payable, provided that the Purchaser or his authorized representative has notified the Guarantor to that effect and has made a claim against the Guarantor before the issue of the Defects Liability Certificate.

(b) The Guarantor shall not be discharged or released from his guarantee by an arrangement between the Contractor and the Purchaser, with or without the consent of the Guarantor, or by any alteration in the obligations undertaken by the Contractor, or by any forbearance on the part of the Contractor, whether as to payment, time, performance, or other wise, and any notice to the Guarantor of any such arrangement, alteration, or forbearance is hereby expressly waived.

This Guarantee shall be valid until a date 28 days from the date of issue of the Taking­Over Certificate.

Given under our hand on the date first mentioned above.

SIGNED BY ____________ SIGNED BY __________ for and on behalf of the for and on behalf of the Guarantor in the presence of Purchaser in the presence of

(Witness) (Witness)

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Section IV TECHNICAL SPECIFICATIONS

SPECIFICATIONS OF CENTRIFUGALLY CAST DUCTILE IRON (SPUN) PIPES (As per IS 8329:2000 amended up to date)

1. SCOPE

Supply of ISI Marked Centrifugally Cast (Spun) Ductile Iron Pressure Pipes for Water ,Gas & Sewage with Socket & spigot end conforming to IS:8329/2000 (latest amendment) in length of 4.00 mtr , 5.00mtr , 5.5mtr & 6.00 mtr suitable for push on joint ( Rubber Gasket Jointing) with Cement mortar lining inside the pipes with outside zinc coating with finished layer of Synthetic Resin(Blue Epoxy) Compatible with zinc coating (Class K­7 & Class K­9 ) along with supply of EPDM Quality of Rubber Gasket as per IS: 5382. Pipes should be delivered at work site Longding, Khonsa Zonal Store at Mohanbari Dibrrrugarh assam suitably stacked so that external coating on pipes are not damaged. Offloading and stacking are responsibilities of the supplier. Packing and Stacking cost shall be borne by the supplier.

2. MATERIAL

2.1. The material used for manufacturing the pipes shall be of good quality, commensurating with the mechanical requirements laid down in clause 10 of IS 8329:2000 or equivalent International Standard. It shall be centrifugally cast (spun) pipes and be heat­treated in order to achieve the necessary mechanical properties and to relieve casting stresses caused due to the method of manufacture and repair work.

2.1.1 If necessary the pipes may be subjected to reheat treatment to ensure that Brinell hardness does not exceed the specified value and the other mechanical properties specified in the standard are achieved.

2.2. The pipes shall be stripped with all precautions to avoid warping or shrinkage defects, detrimental to their good quality. The pipes shall be sound and free from surface or other defects.

3. CLASSIFICATION

Pipes shall be classified by a whole number coefficient `K', the value of which depends on service conditions and manufacturing process. For the requirement of this Procurement, D.I pipes shall be of class K­7 & K9'.

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4. SIZE

4.1 The Standard nominal diameter (DN) of pipes under scope of these specifications is as follows: ­

150mm dia K7 200mm dia K9

4.2 Critical dimensions for socket and spigot of pipes for push­on flexible joints for class K7 & K9 are as per table­2 of IS 8329:2000.

5. DIMENSIONS OF PIPES

5.1 Length: ­ The standard working length of socket and spigot pipes shall be 5.5m / 6m.

5.2 Internal Diameter : ­ The nominal value of the internal diameters of centrifugally cast pipes expressed in millimetres is approximately equal to the numbers indicating their nominal sizes (DN).

5.3 Wall thickness : ­ The nominal wall thickness of pipes shall be as per table 2 or be calculated as a function

of the nominal size (DN) as per clause 4.3 of IS 8329:2000

6. TOLERANCES

6.1 Diameter

6.1.1 External diameter: The value of external diameter (DE) of the spigot end of socket & spigot pipes and when measured circumferentially shall confirm to the requirement as per clause 12 of IS 8329:2000 .The positive tolerance is + 1mm and applies to all sizes for thickness class K7 & K9. Whereas the negative tolerance of the external diameter depends on the design of each type of joint shall be limited as per table ­ 7 of IS 8329:2000

6.1.2 For requirement of interchange­ability all pipes should be within the tolerance specified. Push­on flexible joints may need closer tolerance for its effective performance.

6.1.3 In addition, the ovality of the spigot end of pipes shall (i) remain within the tolerances onDE for DN 100 to 200. (ii) not exceed 1 percent for DN 250 to 600.

6.2 Tolerance on ovality

6.2.1 Pipes shall be as far as possible circular internally and externally. The tolerance for out­ of­ roundness of the socket and spigot ends in the jointing zone for push­on­joints is as per table ­8 and for mechanical joints as per table­9 of IS 8329:2000

6.3 Tolerance on Thickness : The tolerance on the wall thickness (e) and the flange thickness (b) of the pipes shall be as per clause 15.4 of IS: 8329­2000.

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6.4 Tolerance on length : The tolerance on length of pipes shall be as follows: ­

Types of Castings Tolerance (in mm) Socket & Spigot + 100

7. JOINTS

Push­on­joints shall be as per clause 6.1 of IS 8329:2000

8. RUBBER GASKET

Rubber gasket used with push­on­joints shall conform to IS: 5382:1985 and amended up to date. Other requirements of gaskets are as per clause­8 of IS 8329:2000. Rubber Gaskets to be ISI marked EPDM quality.

9. SAMPLING

9.1 Sampling criteria for various, tests, unless specified in IS 8329:2000 shall be as laid down in IS: 11606:1986 and amended up to date.

10. TESTS

All the following tests prescribed in IS 8329:2000 shall have to be carried out.

a) Joint Leak Tightness Test b) Cement Lining Smoothness Type Test c) Potability Test

11. External Protection

External protection shall be of zinc coating with finishing layer of Epoxy Resin (Blue Epoxy) included in Annexure `A' of IS 8329:2000 or Standard as per its clause 16.2 and A­8 Finishing Layer.

12 INTERNAL LINING

The pipes shall be with cement mortar internal lining as per clause 16.3/ Annexure `B' of IS 8329:2000

13 MARKING

13.1 BIS Certification Marking: The Pipes shall be marked with the Standard Mark of the Bureau of Indian Standards (BIS).

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13.2 Each Pipe shall have as cast or stamped on legibly and indelible painted. The marking shall show the following:­

(i) The Manufacturer's name or trade mark on each pipe. (ii) The nominal diameter of pipes. (iii) Batch Number. (iv) Class of Pipes: K7 or K9. (v) ISI certification mark on each pipe. (vi) Purchaser's name i.e. “PHED Arunachal Pradesh" on each pipe. Any important

information that the manufacturer deems fit to be inscribed on pipe. (vii) Month & Year of Manufacturing.

NOTE: Wherever there is reference of IS No. it shall be considered amended up to date at the time of inspection of supply/ replacement by inspection agency. Any amendment shall be effective only when it is implemented by BIS.

13.3 Total Lengths of each sizes of D.I Pipe is as below:

SI NO NAME OF PROJECT

DIA OF PIPE

CLASS OF PIPE LENGTH IN Mtr.

1

“Providing water supply at Longding

200 K­7 30,000

2 Augmentation of Water Supply to

Khonsa 200 K­7 15,000

Above pipes should be IS marked and conform to IS 8329:2000 or equivalent Standard. Lengths are approximated; it may be increased or decreased in any diameter.

13.4 Delivery Schedule: Delivery Schedule of pipes in required lengths of size 150 mm of class K7 and 200 mm of class K9 shall be approved by representative of Purchaser. However it is estimated that 9100 meters of class K7 and 6200 meters of class K9 pipes in the length for above sizes shall be supplied by the bidder within Two (2) months. Delivery shall commence at the earliest once the required formalities are completed. All Supplies are to be completed and achieved within a period of Two (2) months.

13.5 Destination: All above Pipes are to be supplied, delivered and stacked properly at Purchaser’s premises or work site either on wooden blocks or rubber pads or other means so that external coating on pipes shall not be deteriorated/damaged. Offloading and Stacking are responsibilities of Supplier.

13.6 Purchaser’s Premises: Store facilities are located at Longding and Khonsa Zonal store at Mohanbari Dibrugarh Assam .

42

Volume 3­ Technical Bid

Letter of Technical Bid

43

Invitation for Bid No.:­ PHED­……………………………. Dated Itanagar, the ……….

Corrigendum No…………………Dated………. To: The Chief Engineer (EZ) Public Health Engineering Department Govt. of Arunachal Pradesh Itanagar­791111

Date: _______________________

We, the undersigned, declare that:

(1) We have examined and have no reservations to the Bidding Document, including corrigendum No………………………….. Dated………….. issued in accordance with Instructions to Bidders.

(2) We offer to Procurement (Supply, Delivery and Stacking) of Ductile Iron Pipes (Item Rate Contract) IS marked conforming to IS8329:2000 Standard class K7 & K9 Contract Package No.PHED­……………………….

(3) The total price of our Bid, excluding any discounts offered is given in the Price Proposal enclosed in separate envelope;

(4) Our bid consisting of the Technical Bid and the Price Bid shall be valid for a period of 90(Ninety) days from the date fixed for the bid submission deadline in accordance with the Bidding Documents, and it shall remain binding upon us and may be accepted at any time before the expiration of that period;

(5) If our bid is accepted, we undertake to provide an advance payment security as a performance security in the form, in the amounts, and within the times specified in the bidding documents;

(6) We accept the arrangement for resolution of disputes out of this contract;

(7) We undertake, if our bid is accepted, to commence the supply and to achieve Completion within the respective times stated in the bidding documents;

(8) We are not participating, as a Bidder in more than one bid in this bidding process.

(9) Until a formal contract is prepared and executed between us, this bid, together with your written acceptance thereof and your notification of award, shall constitute a binding contract between us;

(10) We understand that you are not bound to accept the lowest or any bid you may receive

Name _________________________________In the capacity of________________________ Signed ____________________________________ Duly authorized to sign the bid for and on behalf of _______________________________

Dated on ___________________________ day of ___________________, ____

44

Documents Enclosures

Documents required as per conditions given in bid documents on financial and Technical

aspects along with relevant certifications thereof from the competent authorities which are

required to judge the ground for qualification/disqualification of technical bid.

45

Volume 4 ­ Price Bid

46

Letter of Price Bid

To: The Chief Engineer (E/Z) Public Health Engineering Department Govt. of Arunachal Pradesh Itanagar­791111

Gentlemen and/or Ladies:

Having examined the Bidding Documents for the above Contract, including the Specifications,

the receipt of which is hereby duly acknowledged, we the undersigned, offer to Procurement

(Supply, Delivery & Stacking) of Ductile Iron Pipes (Item Rate Contract) IS marked class K7 &

K9 conforming to IS 8329:2000 Standard (Contract Package No. (K&L)WS Dı in conformity

with the said Bidding Documents, including Addenda/Corrigendum No.

…………………………………………………………………………),for the sum of

INR …………………………………(Total Bid Amount in Words and Figures), or such other

sums as may be ascertained in accordance with the Price Schedules attached hereto and made

part of this Bid.

We undertake, if our Bid is accepted, to commence delivery on as per the instruction of the

purchaser and to complete delivery of all the items specified in the Contract within 2 (Two)

Months, calculated from the date of receipt of your Notification of Award.

If our Bid is accepted, we will provide the performance security payable at Itanagar, Arunachal

Pradesh in the sum of INR ………………………………………..., equal to 5 (five) per cent of

the Contract price, for the due performance of the Contract.

We agree to abide by this Bid for the period of 90(Ninety) days from the date fixed for bid

closing, and it shall remain binding upon us and may be accepted at any time before the

expiration of that period.

Until a formal Contract is prepared and executed, this Bid, together with your written acceptance

thereof in your Notification of Award, shall constitute a binding contract with us.

47

We understand that you are not bound to accept the lowest­priced or any Bid that you may receive.

Date this________________________________day of_____________________(state year)

___________________________ (Signature)

___________________________ (in the Capacity of )

Duly Authorized to sign Bid for and on behalf of_____________________________________

____________________________________________________________________________

____________________________

(Signature of Witness)

Witness_______________________

Address________________________

48

1. Price Schedule

Name of Bidder __________________ ____________________ Sl. N

O.

Description

Classification

Unit

Rate

F.O.R. Zonal Store

Mohanbari

F.O.R. Likabali

central store

F.O.R.

Longding

F.O.R.

Khonsa

F.O.R.

Changlang

F.O.R.

Tezu

F.O.R.

Roing

1. Supply of ISI Marked Centrifugally Cast (Spun) Ductile Iron Pressure Pipes for Water, Gas & Sewage with Socket & Spigot end conforming to IS:8329/2000 (amendment update) in length of 4.00 mtr, 5.00 Mtr, 5.5mtr & 6.00 mtr suitable for push on joint (Rubber Gasket Jointing) with Cement mortar lining inside the pipes with outside zinc coating with finished layer of Synthetic Resin (Blue Epoxy ) Compatible with zinc coating (Class K­9 & Class K­7) along with supply of EPDM Quality of Rubber Gasket as per IS: 5382

1. a) 100 MM dia b) 150 MM dia c) 200 MM dia d) 250 MM dia e) 300 MM dia f) 350 MM dia g) 400 MM dia h) 450 MM dia

2. a) 100 MM dia b) 150 MM dia c) 200 MM dia d) 250 MM dia e) 300 MM dia f) 350 MM dia g) 400 MM dia h) 450 MM dia

K7 “

“ “ “ “ “ “ “

K9 “ “ “ “ “ “ “ “ “

Per mtr

“ “ “ “ “ “ “

“ “ “ “ “ “ “ “ “

Total Amount

Signature of Bidder_____________________________

49

Note: In case of discrepancy between UNIT PRICE and TOTAL PRICE PER ITEM, the unit prices shall prevail.

a) Presently this Department has got following requirement of DI Pipes for sanctioned Water Supply projects at Longding & Khonsa.

SI NO

NAME OF PROJECT

DIA OF PIPE

CLASS OF PIPE

LENGTH IN Mtr.

1 “Providing of Water

Supply at Longding.”

200mm K­7 30,000

2 “Augmentation of Water Supply at

Khonsa

200mm K­7 15,000

b) Currencies to be used in accordance with Clause 13 of the Instructions to Bidders. The Price shall include all customs duties and sales and other taxes already paid or payable on the components and raw material used in the manufacture or assembly of the item or the customs duties and sales and other taxes paid on the previously imported item offered ex­warehouse, ex­showroom, or off­ the­shelf. These factors should not be entered separately.