NHPC LIMITED (A GOVT. OF INDIA ENTERPRISE
Page 1 of 29 NHPC LIMITED (A GOVT. OF INDIA ENTERPRISE) SHORT TERM NIT For “Overall Project setup of Food Processing Units under CSR Activity of Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K.” NIT No.: NBPS/C&P/2015-16/P-161 date: 14/05/2015 NIMOO BAZGO POWER STATION, ALCHI, LEH-LADAKH Page 2 of 29 TABLE OF CONTENTS Sl. Section Description No. 1 Tender Notice (Press Notice) SECTION-I 2 3 Notice Inviting Tenders(NIT) SECTION-II Instructions to Bidders(ITB) 4 Tender Form 5 Form of declaration 6 Schedule of Quantities SECTION-III 7 Declaration of Ineligibility 8 ECS Form 9 Agreement Form 10 11 SECTION-IV Part-A: General Conditions of Contract Part-B: Special Conditions of Contract Scope of Work and SCHEDULES Page No. Page 3 of 29 SECTION –I(Notice ) NHPC Ltd. (A GOVT. OF INDIA ENTERPRISE) SHORT TERM Notice Inviting Tender (NIT) NHPC Ltd., Nimoo Bazgo Power Station, Alchi, Leh invites Sealed tenders under Two Envelope system from eligible Bidders for the work of “Overall Project setup of Food Processing Units under CSR Activity of Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K”: Name of Work Estimated Cost (INR) Overall Project setup 4,90,000/of Food Processing Units under CSR Activity of Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K. EMD (INR) 10,000/- Cost of Tender document (INR) 500/- Time for Completion (04) Four Months For more details please visit at http://www.nhpcindia.com. Subsequent amendments and/or extension of date, if any, shall be posted only on the aforesaid websites. For any other clarifications, please contact Sr. Manager (P&C) at his office on phone number Ph: 01982205067/60 or at e-mail: [email protected] & [email protected] For & on behalf of NHPC Ltd. Sr. Manager (P&C) Tel. No.: 01982-205053/60 Fax No.:01982- 227240 E-mail: [email protected] Page 4 of 29 SECTION –I Short Term Notice Inviting Tender (NIT) Web notice 1. Sealed tenders for the work “Overall Project setup of Food Processing Units under CSR Activity of Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K” in Two Envelop System (1st Stage Techno- Commercial bid and 2nd Stage- Price bid), are invited for and on behalf of NHPC Limited, Nimoo Bazgo Power Station, Alchi from the eligible bidders as described hereunder: I Tender reference No.: NBPS/C&P/2015-16/P-161 date: 14/05/2015 II Scope of Services: Overall Project setup of Food Processing Units under CSR Activity of Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K III Duration for Completion of Work: (04) Four Months IV Sale of bid documents: from 14/05/2015, 10:00 Hrs to 29/05/2015, 17:00 Hrs V Period of Bid Validity: 120 days V(a) Estimated Tendered Value: Rs 4,90,000/- VI Cost of bid documents: Rs 500/-, Bid submitted without cost of bid document shall be rejected. VII Amount of Bid Security: Rs 10,000/- VIII Dead line for Bid submissions: 30/05/2015, 15:00 Hrs IX Dead line for receipt of Bid document fees, Bid security & other documents in sealed envelopes at Employer’s address: 30/05/2015, 15:00 Hrs X Employer’s address for the receipt of bid documents: Sr. Manager, Contract & Procurement Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K- 194101 Phone No.: 01982-205067/60, Fax No:- 01982-227240, E-mail:- [email protected] Venue, time and date of bid opening: Venue : [O/O of Sr. Manager, Contract & Procurement, NBPS, Alchi, Leh, J&K ] Envelope-I : Techno- Commercial bid Time and Date:30/05/2015, 15:30 Hrs Envelope-II : Price bid [Date & time to be intimated later to the bidders whose Techno-commercial Bids will be found responsive] Cost of bid document and bid security is to be submitted in the form of crossed Demand Draft favouring “NHPC Ltd.” payable at SBI, Leh 2. Complete Tender Document can be viewed at/downloaded from our website www.nhpcindia.com. Bidders will have to register themselves on NHPC website to download complete tender document. For any other clarifications, please contact Sr. Manager (P&C) at Page 5 of 29 his office on phone number Ph: 01982-205067/60 or at e-mail: [email protected] & [email protected] 3. The bidders who wish to submit their bids for the aforesaid work shall have to meet the Eligibility Criteria given as here under: a) (i) Achieved in any one year a minimum financial turnover of at least two and half times the amount equal to the annualized estimated cost of works for which bid has been invited. The turnover will be indexed at the rate of 8 percent for a year. (Annualized estimated cost of work = Estimated cost of work ÷ construction/completion period in years). If completion of work is six month or lower then requisite financial turnover shall be divided by one by two (1/2), if completion of work is more than six month and less than one year then divided by one (1), if completion of work is two years then financial turnover shall be determined dividing by two (2). (ii) Experience of having successfully completed works of “Project setup of Food Processing Units” of requisite value specified hereunder during last seven years ending last day of month previous to the one in which applications are invited supported with award letters along with schedule of quantities & prices & successful completion certificate(s) issued by concerned Deptt., confirming to either of the followings:-(a) Atleast Three similar works having work value of not less than 40% of estimated cost in each case, or(b). At least Two similar works having work value of not less than 50% of estimated cost in each case, or(c). At least One similar work having work value of not less than 80% of estimated cost. b) Each bidder must produce: (i) The current Income-Tax Challan, Sales tax/Service Tax registration no., PAN no., Registration certificate issued from the appropriate Govt. agency for the Sole Constituent / firm and EPF Registration no.; (ii) A declaration that the information furnished with the bid documents is correct in all respects; and (iii) Such other certificates as defined in the ITB. Failure to produce the certificates shall make the bid non-responsive. 4. The bidder should have not been banned/de-listed/de-barred from business by any PSU/Govt. Department during last 03 (three) years. 5. In the event of the specified date for the submission of bids being declared a holiday for the Client, the hard copies of the documents will be received up to the specified time on the next working day. Hard copy(ies) of the documents received by the Client after the deadline for submission of bids will be considered as late Bids. At any time prior to the deadline for submission of bid, the Client may amend the Tender Document by issuing corrigendum/addenda which shall be notified on NHPC Website https://www.nhpcindia.com. Therefore, the bidders are advised to visit the site regularly before deadline for submission of bids. Bids will be opened as per the schedule at the aforesaid venue. In case the office happens to be closed on the date of opening of bid as specified, the same will be opened on the next working day at the same time and venue. 6. 7. 8. Page 6 of 29 9. The bids, as well as all correspondence and documents relating to the qualification exchanged by the bidders and the Client, shall be in the English language. 10. Employer reserves the right to cancel the tendering process at any time before award of Work without assigning any reasons thereof. For & on behalf of NHPC Ltd. Sr. Manager, Contract & Procurement Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K- 194101 Phone No.: 01982-205053/60, Fax No: - 01982-227240, E-mail:- [email protected] Copy To: 1. Chief Engineer (Elect.)/ HOP NBPS Alchi for kind information please 2. SM(Elect) NBPS Alchi for kind information please 3. Manager(CSR) NBPS Alchi for kind information please 4. Manager(Finance) NBPS Alchi for kind information please 5. Manager (HR) NBPS Alchi, for kind information & press publication please. 6. PVO, NBPS, Alchi Page 7 of 29 SECTION-II Instructions to Bidders (ITB) 1. The set of bidding documents comprises the documents and addenda issued: i) Section-I: Tender Notice (Press Notice) ; Notice Inviting Tenders(NIT); ii) Section-II: Instruction to Bidder (ITB); iii)Section-III: Tender Form, Form of declaration; ECS Form, Schedule of Quantities, Declaration on eligibility; iv)Section-IV: Part-A: General Conditions of Contract; Part-B:Special Conditions of Contract. 2. Eligible Bidders 2.1 The invitation of bid is opened to all bidders who are registered legal entity i.e sole consultancy firm/ company/ proprietary firm. 2.2 The bidder shall meet the Qualify Criteria set forth to be eligible for the bid as hereunder: (i) Achieved in any one year a minimum financial turnover of at least two and half times the amount equal to the annualized estimated cost of works for which bid has been invited. The turnover will be indexed at the rate of 8 percent for a year. (Annualized estimated cost of work = Estimated cost of work ÷ construction period in years). If completion of work is six month or lower then requisite financial turnover shall be divided by one by two (1/2), if completion of work is more than six month and less than one year then divided by one (1), if completion of work is two years then financial turnover shall be determined dividing by two (2). (ii) Experience of having successfully completed works of “Project setup of Food Processing Units” of requisite value specified hereunder during last seven years ending last day of month previous to the one in which applications are invited supported with award letters along with schedule of quantities & prices & successful completion certificate(s) issued by concerned Deptt., confirming to either of the followings:-(a) At least Three similar works having work value of not less than 40% of estimated cost in each case, or(b). At least Two similar works having work value of not less than 50% of estimated cost in each case, or(c). At least One similar work having work value of not less than 80% of estimated cost. b) Each bidder must produce: Page 8 of 29 (i) The current Income-Tax Challan, Service Tax registration no., PAN no., Registration certificate issued from the appropriate Govt. agency for the Sole Constituent / firm and EPF Registration no.; (ii) A declaration that the information furnished with the bid documents is correct in all respects; and (iii) Such other certificates as defined in the ITB. Failure to produce the certificates shall make the bid non-responsive. 2.3 The bidder should have not been banned/de-listed/de-barred from business by any PSU/Govt. Department during last 03 (three) years. Self declaration in this regard is to be submitted as per format attached in Section-III. 2.4 The bidder should not have conflict of interest with other bidders. Bidders found to have conflict of interest shall be disqualified. 3. Cost of bidding: The Bidder shall bear all costs associated with the preparation and submission of its bid, including any negotiations with or visits to the Client, and the Client shall not be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. 4. Earnest Money / Bid Security 4.1 The Bidder shall furnish, as part of the Bid, Earnest Money, for Rs.10,000/- (Rupees Ten thousand Only) in the form of Demand draft in favour of ‘NHPC Ltd’ payable at SBI, Leh. 4.2 Any bid not accompanied by an acceptable Earnest Money shall be rejected by the Client as non-responsive. The Earnest Money of unsuccessful bidders will be returned within 30 days of the award of works. The Earnest Money of the successful Bidder will be discharged when the Bidder has signed the Agreement and furnished the required Performance Security Deposit. 4.3 The Earnest Money may be forfeited: a) if the Bidder withdraws the Bid after bid opening or varies any terms & conditions in regard thereto during the period of Bid validity; or b) if the Bidder adopts corrupt or fraudulent or collusive or coercive practices; or c) if the bidder fails to furnish the correct Pass-Phrase during the Tender Opening Event(TOE) of Technical and/or Financial Bid; or d) in the case of a successful Bidder, if the Bidder fails within the specified time limit i) to sign the Agreement; and/or ii) Furnish the required Performance Security Deposit 5. Signing and Submission of Bid The Bid shall be signed by a person duly authorized to sign on behalf of the Bidder. 6. The bids shall be submitted as described below: 6.1 Offline submission: a) Techno-commercial bid: The hard copy (ies) of following documents are to be submitted: (i) Power of Attorney Page 9 of 29 (ii) Registration certificate issued from the appropriate Govt. agency for the Sole Constituent and firm; (iii) Certified copy (ies) of Experience Certificates for meeting the qualification criteria; (iv) current income-tax Challan, Sales tax/Service Tax Registration no, PAN no. and EPF Registration no.; (v) DD towards cost of tender document; (vi) DD towards Bid Security, (vii) Declaration on ineligibility (viii) ECS Form (ix) A declaration that the information furnished with the bid documents is correct in all respects; and (x) Such other certificates as defined in the ITB. b) Financial/Price bid: The bidder shall submit his Financial/Price bid in Schedule of Quantities attached in the Section-III for the Scope of Services detailed in Special Conditions of Contract (SCC) Part-B, SECTION-IV and shall be termed as “Financial/Price bid” is to be submitted in separate sealed envelope duly super-scribed on it. 6.2 Instruction for Offline Submission (Hard copy/ Supporting documents): Bidders shall submit above mentioned documents duly signed by Authorized signatory in an envelope by the due date in NIT(web notice) to the undersigned in a sealed envelope Super-scribed as, Bid Security, Tender Fees, copies of certificates, for tender No. _______ [Tender reference No. & date to be indicated]. The envelope received late or after the prescribed due date and time of receipt as mentioned in NIT will not be entertained. NHPC will not be responsible for any postal delay. The name, mailing address and tele-fax number of the bidders shall be clearly indicated on the envelope. Bidders may note that If the envelope is not sealed and marked as required, the Client will assume no responsibility for the misplacement or premature opening of the same. 7. i) Above mentioned Superscribed Envelope shall contain following separately sealed envelopes containing below mentioned Documents: 1st envelope shall contain technical bid comprising of Certified copy of the Legal Entity, Power of Attorney, Self attested- Experience Certificates for meeting the qualification criteria, current income-tax Challan, Service Tax Registration no.; PAN no. and EPF Registration no and other requisites documents as per NIT; 2nd envelope shall contain price bid; 3rd envelope shall contain DD towards cost of bidding document, DD towards Bid Security. General The bidders should note and bear in mind that the client shall bear no responsibility for the lack of acquaintance of bid conditions or any information relating thereto, on their part. The consequences of the lack of any knowledge, as aforesaid, on the part of the bidder shall be at Page 10 of 29 ii) iii) 8. 9. their risk and cost and no charges or claims whatsoever consequent upon the lack of any information, knowledge or understanding shall be entertained or payable by the client. While submitting/uploading the bids, the system through portal asks to key in the passphrase for encryption of the documents. The pass-phase is required by the Client for opening the bids. The bidders are advised / cautioned to provide the correct pass phrase as it is not possible to open the bids with incorrect or without pass phrase. In the event of non opening of the bid with the pass-phase provided by the bidder, Client, at his discretion, may give an option through the portal, to the bidder to open bid as per provisions available on the portal. However, the Client shall not be responsible if bid could not be opened within reasonable time for whatsoever reason. In such a case, the bid shall be sent unopened to ‘Archive’ on the portal and shall not be considered at all any further and bid security of such bidder may be forfeited. Bid Prices The Contract shall be for the whole Services, as described in scope of work, based on the priced Schedule of Quantities submitted by the Bidder. The bidder shall quote bid prices inclusive of such taxes, duties, fees, service tax and other impositions as may be levied under the Applicable Law, the amount of which is applicable as on 28 days prior to last date of submission of bid. The rates and the prices shall be quoted by the bidder only in Indian Rupees. Corrupt, Fraudulent, Collusive or Coercive Practices It is expected from the Bidders that they will observe the highest standard of ethics during the bidding and currency of the contracts. 10. Bid Validity Bids shall remain valid for a period of 120 days after the deadline for bid submission In exceptional circumstances, prior to expiry of the original time limit, the Client may request the bidders to extend the period of validity for a specified additional period. The request and the bidder’s responses shall be made on the portal/in writing. A bidder may refuse the request without forfeiting his Earnest Money. A bidder agreeing to the request will not be required or permitted to modify his bid. 11. 12. Alternative Proposals by Bidders Bidders shall submit offers that comply with the requirements of the bidding documents, including the Schedule of Quantities. Alternative proposals will be rejected as nonresponsive. Bid Evaluation i) During bid evaluation, the Client may, at its discretion, ask any Bidder for a clarification of its bid which shall be submitted within a stated reasonable period of time. The request for clarification and response shall be in writing. ii) If a bidder does not provide clarifications of the information requested by the date and time set in the Client’s request for clarification, its bid may be rejected. The request for clarification and the response shall be through postal/E-Mail. Page 11 of 29 12.1 Evaluation of Technical Bids i) The Client will determine whether each Bid: (a) meets the eligibility criteria defined in Clauses 2; (b) has been properly signed; (c) is accompanied by the required securities; and (d) is substantially responsive to the requirements of the bidding documents. ii) A substantially responsive “Bid” is one which conforms to all the terms, conditions, and specifications of the bidding documents, without material deviation or reservation. 12.2 Public Opening and Evaluation of Financial Bids; i) After the evaluation of Technical bid, the Client shall notify those Contractors whose bids did not meet the technical qualification or were considered non-responsive, indicating the reasons thereof and their Financial bids will be returned unopened after completing the selection process. The Client shall simultaneously notify the Contractors that have qualified, indicating the date and time set for opening the financial bids. The notification may be sent by registered letter, in person or electronic mail. ii) The Financial Bids shall be opened by a committee appointed by the Client, publicly in the presence of the Contractors’ representatives who choose to attend. iii) In the event of a discrepancy between words and figures quoted by a bidder, the unit rates in words shall prevail. iv) The Client will select the lowest proposal (‘evaluated’ price) for consideration of award of work. v) The successful bidder shall execute an agreement with NHPC on non judicial paper of appropriate value as per Stamp Act in the format appended within 10 days from the date of issue of Letter of Award. Page 12 of 29 SECTION –III TENDER FORM To, Sr. Manager, Contract & Procurement Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K 1. We have read and examined the following tender documents relating to “Overall Project setup of Food Processing Units under CSR Activity of Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K” a) Agreement Form and Notice Inviting Tender (NIT) b) Instructions to Bidders c) Tender Forms, Form of Declaration, Schedule of Quantities, ECS form and Declaration of Ineligibility d) General Conditions of Contract e) Special Conditions of Contract , Scope of work and Schedules 2. We hereby tender for execution of the Services referred to in the documents mentioned in Paragraph -1 above upon the terms and conditions contained or referred to in the aforesaid documents and in accordance in all respects with the specifications, designs, drawings and other details given herein and at the rates contained in Schedule of Quantities and within the period(s) of completion as given in GCC and subject to such terms and conditions as stipulated in the contract. 3. We agree to keep this tender open for acceptance for 120 days from the date of opening thereof and also agree not to make any modifications in its terms and conditions on our own accord. 4. A sum of Rs 10,000/-(Rupees Ten thousand Only) is hereby enclosed in form of Demand Draft/ Bank Guarantee from a Nationalised or Scheduled Bank of India as Earnest Money. We agree that if we fail to keep the validity of tender open, as aforesaid and /or we indulge in corrupt or fraudulent or collusive or coercive practices or make any modification in the terms and conditions of our tender on our own accord and/or fail to furnish the correct Pass-Phrase during the Tender Opening Event (TOE) of Technical and/or Financial Bid and/or fail to commence the execution of the works as provided in the documents referred to in Paragraph-1 above, after the acceptance of our tender, we shall become liable for forfeiture of our earnest money, as aforesaid and the Client shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money absolutely. Should this tender be accepted, we agree to abide by and fulfill all the terms and conditions and provisions of the above mentioned tender documents. We certify that the Tender submitted by us is strictly in accordance with the terms, conditions, specifications etc. as contained in your Tender Documents, referred to in Paragraph-1 above, and it does not contain any deviations to the aforesaid documents. It is further certified that information furnished in the Tender submitted by us is correct to the best of our knowledge and belief. Page 13 of 29 (Signature of person duly authorised to sign the Tender on behalf of the Bidder alongwith seal of company) Name______________________________ Signature_________________ Designation_______________________ Date_____________________ Name of Company___________________ Page 14 of 29 SECTION-III FORM OF DECLARATION M/s----------------------------------------------------------------(name of Bidder) having its registered office at --------------------------------------------------------------- (hereinafter referred to as `the Bidder) having carefully studied all the Bid documents, Work for “Overall Project setup of Food Processing Units under CSR Activity of Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K” , the local and site conditions and having undertaken to execute the said works. DO HEREBY DECLARE THAT: 1. The Bidder is familiar with all the requirements of the Contract. 2. The Bidder has not been influenced by any statement or promise of any person of the Client but only the Contract Documents. 3. The Bidder is financially solvent. 4. The Bidder is experienced and competent to perform the Contract to the satisfaction of Client. 5. The Bidder is familiar with all general and special laws, acts, ordinances, rules and regulations of the Municipalities, District, State and Central Government of India that may affect the work, its performance or personnel employed therein. 6. The Bidder hereby authorise the Employer to seek reference from the bankers of bidder for its financial position. 7. The Bidder undertakes to abide by all labour welfare legislations. 8. The Bidder confirm that the provisions of Micro, Small & Medium Enterprise as per MSME Development Act 2006 are applicable/not applicable (strike out whichever is not applicable) to us. Any change in the status of the organization occurring during the currency of the contract shall be informed to Employer. 9. The statement submitted by the Bidder is true and correct. For and on behalf of the Bidder Dated: Sd/( To be Signed by Power of Attorney Holder) Page 15 of 29 SECTION –III SCHEDULE OF QUANTITIES Sr. No. Job Description Unit rate quoted ( Rs. ) 1 Professional Fee (Lump Sum) Figures Words To be filled in Schedule-A Total Note: 1. [Total work of Contractor may be bifurcated in convenient stages by concerned.] 2. The prices quoted above shall be inclusive of all taxes & duties as mentioned in clause – 6 of GCC. 3. The bidders are advised to make themselves conversant in regard of applicability of taxes in J&K before quoting against the NIT. No extra claim shall be reimbursed/paid at the later stage and shall be restricted to the total amount mentioned in the schedule of quantities & prices. In J&K State, Service Tax is not applicable. The bidder is requested to quote for each item inclusive of J&K Works Tax @ 12.6% if registered with J&K Sale tax deptt., otherwise @25.20% 4. Relative position of L-1 bidder shall be ascertained on overall quoted amount FOR NBPS Alchi basis inclusive all (taxes and duties). (Seal & Signature of the Bidder) Page 16 of 29 SECTION –III Declaration of Ineligibility (By the Bidder) I/ We, M/s ………………………………… (name of bidder ) hereby certify that I/we have not been blacklisted/banned/de-listed/de-barred from business by any PSU/Govt. Department during last 03 (three) years. (Seal & Signature of the Bidder) ______________________________________________________________________________ Page 17 of 29 SECTION –III ECS –FORM ELECTRONIC CLEARING SERVICE (CREDIT CLEARING) (PAYMENT TO BIDDER THROUGH CREDIT CLEARING MECHANISM) No. : 1. BIDDER’S NAME : __________________________________ Address : _________________________________ _________________________________ _________________________________ Phone/Mobile No. : _________________________________ 2. PERTICULARS OF BANK ACCOUNT OF BIDDER: A. BANK NAME : _________________________________ B. BRANCH NAME Address : _________________________________ Telephone No. : _________________________________ C. IFSC code of the Bank (For payments through RTGS): ____________________ D. ACCOUNT TYPE (S.B. Account/Current Account or Cash Credit with Code 10/11/13): -___________________ E. ACCOUNT NUMBER (As appearing on the Cheque Book): _________________________________ I hereby declared that the particulars given above are correct and complete. If the transaction is delayed or not effected at all for reasons of incomplete or incorrect information, I would not hold the user Company responsible. Date: (……………………………….) Signature of the Bidder Certified that the particulars furnished above are correct as per our records. (Bank’s Stamp) Date: (……………………………….) Signature of the Authorised Official from the Bank Page 18 of 29 SECTION-III AGREEMENT FORM This CONTRACT (hereinafter called the "Contract") is made the _________ day of the month of ______________, 200___ , between, on the one hand, ___________ (hereinafter called the "Client") and, on the other hand, _______________(hereinafter called the "Contractors"). WHEREAS (a) the Client has requested the Contractors to provide certain consulting services as defined in the Special Conditions of Contract attached to this Contract (hereinafter called the "Services"); (b) the Contractors, having represented to the Client that they have the required professional skills, and personnel and technical resources, have agreed to provide the Services on the terms and conditions set forth in this Contract; NOW THEREFORE the parties hereto hereby agree as follows: 1. The following documents attached hereto shall be deemed to form an integral part of this Contract: i) Section-I, Tender Notice (Press Notice), Notice Inviting Tenders(NIT); ii) Section-II, Instruction to Bidder (ITB); iii) Section-III Tender Form, Form of declaration; ECS Form, Schedule of Quantities, Declaration of Ineligibility; iv) Section-IV Part-A: General Conditions of Contract; Part-B: Special Conditions of Contract. 2. The mutual rights and obligations of the Client and the Contractors shall be as set forth in the Contract, in particular: (a) The Contractors shall carry out the Services in accordance with the provisions of the Contract; and (b) the Client shall make payments to the Contractors in accordance with the provisions of the Contract. IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be signed in their respective names as of the day and year first above written. FOR AND ON BEHALF OF FOR AND ON BEHALF OF [NAME OF CLIENT] By (Authorized Representative) [NAME OF CONTRACTOR] By (Authorized Representative) Page 19 of 29 SECTION-IV 1. 2. 2.1 2.2 2.3 3: 4: 5. PART – A: GENERAL CONDITIONS OF CONTRACT Contract Price Contract Price is a Lump Sum amount as stated in Letter of Award. Security for Performance: The Contractor within 10 (Ten) days from the date of issue of Letter of Acceptance, shall furnish a Performance security deposit of 5% (five percent) of the Contract Price for due performance of contract, in any one of the following forms: (a) Demand draft on any Nationalized /scheduled Bank of India in the name of Client; or (b) Bank Guarantee from an Indian Nationalised/Scheduled Bank of India or a foreign bank through its branch located in India acceptable to Client in the prescribed standard proforma of Client. All compensation or other sums of money payable by the Contractor to the Client under the terms of this Contract or any other contract or on any other account whatsoever may be deducted from Security Deposit. Also in the event of the contractor's Security Deposit being reduced by reasons of such deductions, as aforesaid, the Contractor shall, within 14 days of receipt of notice of demand from the Engineer-in-Charge, make good the deficit in Security Deposit. Should there arise any occasion under the Contract due to which the periods of validities of Bank Guarantees as may have been furnished by the Contractor are required to be extended/renewed, the Contractor shall get the validity periods of such guarantees extended/renewed, and furnish these to the Engineer-in- Charge one month before the expiry date of the aforesaid Guarantees originally furnished failing which the existing Bank Guarantees shall be invoked by the Engineer – in – charge. Also in case of any deficit in securities on any account as might occur or is noticed, the Contractor shall forthwith recoups/replace the same with acceptable Security Deposit. Refund of Security Deposit: The Security Deposit less any amount due shall, on demand, be returned to the contractor after Six months from the date of issue of Completion Certificate or payment of the final bill, whichever is later. No interest on the amount of Security Deposit shall be paid to the Contractor at the time of release of Security Deposit as stated above. Sufficiency of Tender: The Contractor shall be deemed to have satisfied himself as to the correctness and sufficiency of the Tender and of the rates and prices stated in the Schedule of Quantities, all of which shall, except insofar as it is otherwise provided in the Contract, cover all his obligations under the Contract and all matters and things necessary for the proper execution and completion of the Works and the remedying of any defects therein. Notices Any notice, request or consent made pursuant to this Contract shall be in writing and shall be deemed to have been made when delivered in person to an authorized representative of the Party to whom the communication is addressed, Page 20 of 29 or when sent by registered mail, electronic mail, in person to such Party at the address specified as under: 6. 7. 7.1 7.2 8. 9. 10. 11. Taxes and Duties Taxes, duties, Income tax, service tax and other impositions as may be levied under the Applicable Law, the amount of which is applicable as on 28 days prior to last date of submission of bid is deemed to have been included in the Contract Price. However, New Tax applicable on service of this contract announced after 28 days prior to last date of submission of bid, shall be paid/ reimbursed by the Client in addition to contract price. The Client will reimburse the same to the Contractor on production of satisfactory proof of payment. Changes in the advance tax rates of Income Tax and Service Tax payable to appropriate authorities will not be subject to adjustment. Commencement, Completion, Modification and termination of Contract Effectiveness of Contract This Contract shall come into effect on the date of issue of Letter of Award or such other later date as may be stated in the Letter of Award. Commencement and completion period of Services The services under the contract shall commence from effective date of contract as per Sub clause 7.1 and completed by /within four months. Extension of Time Time shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure or Suspension of work as per direction of Client or failure of Client to fulfillment of its obligation and variation in Schedule of Quantities. Force Majeure For the purposes of this Contract, "Force Majeure" means an event which is beyond the reasonable control of a Party, and which makes a Party's performance of its obligations under the Contract impossible or so impractical as to be considered impossible under the circumstances. The failure of a Party to fulfill any of its obligations under the contract shall not be considered to be a breach of, or default under this Contract insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event (a) has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Contract, and (b) has informed the other Party as soon as possible about the occurrence of such an event. Suspension of Work: The Contractor shall on the order of the Engineer-in- charge suspend the progress of the works or any part thereof for such time or times and in such manner as the Engineer-in-Charge may consider necessary. The Contractor has no right to suspend the work at any stage unilaterally. Payments during the Force majeure or Suspension of Work Page 21 of 29 During the period of their inability to perform the Services as a result of an event of Force Majeure under clause 9 or Suspension of work under clause 10, the Contractors shall be entitled for compensation as may considered reasonable by the Engineer-in-Charge in respect of salaries or wages paid only by the Contractor to his such employees who are exclusively retained for the client’s work during the periods of such Force Majeure and suspension In case employee(s) of Contractor are engaged partially for the client’s work, the wages or salaries shall be reduced proportionally as decided by the Engineer-in-Charge. Contractor shall not be entitled for payment for such employee(s) who are diverted to perform other work during the periods of such Force Majeure and suspension. 12. Contractor Not to be Engaged in Certain Activities The Contractor agrees that, during the term of this Contract and after its termination, the Contractor and any entity affiliated with the Contractor, shall be disqualified from providing goods, works or services (other than the Services and any continuation thereof) for any project resulting from or closely related to the Services. 13. Termination Where the Contractor breaches this Agreement, The Client may terminate this Contract and forfeit the performance security deposit, by not less than thirty (30) days’ written notice of termination to the Contractors. 14. Obligations of the Contractor: The Contractors shall perform the Services set out in the scope of work in accordance with the timetable set out in Special Conditions of Contract. Contractor shall notify the Client in writing within 10 Working Days if the Contractor thinks a Client direction is a Variation, and as soon as practicable if the Contractor thinks any other circumstance is a Variation. The notice shall include details of the estimated cost of the Services, likely or estimated impact on the programme and completion date for the Services and make recommendations on how to proceed. The Contractor undertakes to perform the Services with the highest standards of professional and ethical competence and integrity. The Contractor shall promptly replace any employees assigned under this Contract that the Client considers unsatisfactory. The Contractors and his Personnel shall not, either during the term or within two (2) years after the expiration of this Contract, disclose any proprietary or confidential information relating to the Project, the Services, this Contract, or the Client's business or operations without the prior written consent of the Client. Insurance to Be Taken out by the Contractors The Contractor will be responsible for taking out any appropriate insurance coverage. Contractors’ Actions Requiring Client’s Prior Approval 15. 16. Page 22 of 29 17. 18. 19. 20. 20.1 20.2 21. 21.1 In exceptional circumstances, Client may allow taking up of part services through an expert or Sub-Contractor. The Contractor shall obtain the Client’s prior approval in writing before taking such action. Documents Prepared by the Contractors to Be the Property of the Client Any studies, reports or other material, graphic, software or otherwise, prepared by the Contractor for the Client under the Contract shall belong to and remain the property of the Client. The Contractor may retain a copy of such documents and software Obligations of the Client The Client shall provide necessary information time to time required to fulfill the Contractor’s obligation under the scope of work. Duration of Liability Neither party shall be liable for any loss or damage occurring after the completion of the Services. Variations Variations to the Services The Client may order a Variation to the Services, in writing, or may ask the Contractor to propose a Variation to the Services, the impact of which on the cost, programme and completion date for the Services shall be agreed as stated above in Clause 14. Where the Contractor notifies the Client under clause 14. that any direction or circumstance should be treated as a Variation, the Client shall as soon as practicable after receiving such notice, but within 30 Working Days, notify the Contractor in writing whether or not it considers the direction or other circumstances to be a Variation. If the Client does not consider the direction or other circumstance to be a Variation then the Client and Contractor shall attempt to resolve the matter as soon as practicable, and if a Variation entitlement is agreed, proceed as in Subclause 20.2. Agreement of Variations The Client and the Contractor shall agree, in writing, the value of the Variation and its impact on the programme and completion date for the Services, or the mechanism under which the value and impact on the programme and completion date for the Services will be derived. Where practicable the value of the Variation and impact on the programme and completion date for the Services shall be agreed between the parties prior to the Variation works progressing. In the event that the Parties are unable to reach agreement on the value and impact on the programme and completion date for the Services, the matter shall be treated as a dispute and resolved in accordance with clause 24. Under no circumstances, the Contractor shall suspend the work on account of nonsettlement of issues between the parties (i.e Client & Contractor). Payment to the Contractors: Lump Sum Remuneration Page 23 of 29 21.2 a) b) 22. 23. 24. 24.1 The Contractor’s total remuneration shall not exceed the Contract Price and shall be a fixed lump sum including all staff costs, Sub-Contractors’ costs, printing, communications, travel, accommodation, and the like, and all other costs incurred by the Contractor in carrying out the Scope of Services described in SCC. However, the Contract Price may only be increased above the amounts stated GCC-6 and if the Parties have agreed to additional payments in accordance with GCC-20. Terms and Conditions of Payment The payment of the fees/charges as stipulated in SCC under this Contract will be made in accordance to schedule of payment as stipulated in Special Conditions of Contract. The payment on account for the amount admissible shall be made by the Engineer-in-charge certifying the sum to which the Contractor is considered entitled for the services after deducting there from, the amounts already paid, the Security Deposit and such other amounts as may be required to be withheld / deductible /recoverable in terms of the Contract/Applicable Law. Payment due to the Contractor shall be made by direct credit into his designated bank account, duly authorized by the Contractor through ECS mode. Liquidated Damages If the Contractor fails to comply with the Time for completion for the whole of the Services within the stipulated time then the Contractor shall pay to the Client 0.035% of Contract Price per day (Maximum 5% of Contract Price) of delay as liquidated damages for such default and not as a penalty. The Client may, without prejudice to any other method of recovery, deduct the amount of such damages from any monies due or to become due to the Contractor. Conflict of Interest. The Contractor and its affiliates shall not engage in consulting activities that conflict with the interest of the client under the contract. Settlement of Disputes A notice of the existence of any dispute or difference in connection with this Contract, shall be served by either party within 30 days from the date of existence of such dispute or difference or after the attempt by the parties to the Contract for amicable settlement as per clause 24.2 has failed, whichever is later, failing which all rights and claims under this Contract shall be deemed to have been forfeited and absolutely barred. 24.2 No dispute or difference arising between the parties relating to or in connection with the Contract shall be referred to arbitration unless an attempt has first been made to settle the same amicably. 24.3 Arbitration All questions, disputes or differences arising between the Contractor and the Client, in relation to or in connection with the Contract shall be referred to arbitration in the manner provided as hereunder: 24.3.1 On receipt of such notice, the Client shall send to the Contractor a panel of three persons and thereafter the Contractor within fifteen (15) days of receipt of such panel, communicate to the Client the name of one of the persons from such panel Page 24 of 29 and such a person shall then be appointed as Sole Arbitrator by the Engineer-inCharge of the Client. 24.3.2 Provided that if the Contractor fails to communicate the selection of a name out of the panel so forwarded to him by the Client then after the expiry of the aforesaid stipulated period, the Engineer-in Charge shall without delay select one person from the aforesaid panel and appoint him as the Sole Arbitrator. 24.3.3 The Arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reason, then the Client shall appoint another person to act as Sole Arbitrator in the same manner as provided in clause 24.3.2 herein above. Such person shall be entitled to proceed with the reference from the stage at which it was left by the predecessor. 24.3.4 Dispute or difference shall be settled in accordance with the Arbitration and conciliation Act, 1996. 24.3.5 The language of the arbitration proceedings and that of all documents and communications between the parties shall be English. The arbitrator award shall be written speaking award. 24.3.6 The cost and expenses of Arbitration proceedings, the expenses incurred by each party in connection with the preparation, presentation etc. of its proceedings shall be borne by each party itself. 24.3.7 Performance under the Contract shall continue during the arbitration proceedings and payments due to the contractor by the owners shall not be withheld, unless they are the subject matter of the arbitration proceedings. Page 25 of 29 SECTION-IV PART – B: SPECIAL CONDITIONS OF CONTRACT These special conditions of contract shall be read and construed along with the general conditions of contract for the scope of work to be executed and in case of any conflict or inconsistency, between these “Special Conditions of Contract” and General Conditions of Contract”, provisions of these Special Conditions of Contract contained herein shall prevail. 1.0 PROJECT LOCATION: The Nimoo Bazgo Power Station is situated in Leh District in the state of Jammu & Kashmir at about 70 Km from Leh town in Jammu & Kashmir and 650 Km from nearest railhead at Jammu. 2.0 CLIMATE: During summer the temperature goes upto 20°C while it dips up to -25°C during winter. The Contractor is deemed to have familiarized himself with the nature, environmental condition and any limitation or restrictions of roads to be used by him during the currency of the contract. The contractor shall also take into consideration the limitation that may result in the event of slip of slides of hill slopes. The corporation shall not entertain any claim from the contractor in this account. 3.0 PRICES AND TAXES & DUTIES: 3.1 Prices shall be firm and final for the site at Nimoo Bazgo Power Station, Alchi, Leh-Ladakh. 4.0 COMPLETION PERIOD: The works for set up the lab, finalization of labels, Designing of labels/Designing of packaging/Designing of Brochure/website designing & obtaining the requisite certifications like FSSAI, HACCP & GMP from various authorities as mentioned at sl. No. 1 of Scope of Work shall be done within 4 (Four) months from the date of issue of LOA (Letter Of Award). 5.0 PAYMENT TERMS: No. Description Payment 1. Completion of Designing of Trade mark, Labels, packaging, Website, Brochure 25% 2. After Obtaining the requisite certification like FSSAI, HACCP & GMP, APEDA, registration from MOFPI & CIFTI, Export License and Organic Certification. 25% 3. After completion of product development for Sale & income tax rebate certification for society/NGO, Vendor finalization, subsidy from MOFPI 10% Page 26 of 29 6.0 4. After completion of marketing & sales activities like Web marketing, finalization of Institutional & retail sale & brand building. 20% 5. After completion of all activities covered under the ‘Scope of Works’ with satisfaction of NHPC & maturity of products sale. 20% COMPLETENESS OF OFFER: In case if any item is not given in the ‘Scope of Works’ and the same is required essentially for completion above job, it should be included in the offer so as to make the offer complete in all respect. No claim for the extra payment shall be entertained on the plea that the scope of works was not complete in all respect. 7.0 ENGINEER-IN-CHARGE: Manager (Store), NHPC Limited, Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K or his authorized representative shall be the Engineer-in-Charge of the said contract. 8.0 CONSIGNEE Manager (Store), NHPC Limited, Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K. 9.0 PAYING AUTHORITY Manager (Fin.), Limited, Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K 10.0 DELAY IN DELIVERY OR FAILURE TO SUPPLY/ PROVIDE SERVICES: Standard as per GCC Signature of Contractor Sr Manager (C&P) NBPS, Alchi, Leh, J&K Page 27 of 29 PART – B: SCOPE OF WORK Sub.: Works for overall project setup, obtaining the requisite certification/License for sale & marketing of Food/Juice products from Food Processing units installed at Alchi/Khaltsi at LehLadakh, J&K. 1. The basic activities as following: Products development Lab installation Trade mark/Logo Designing of labels Designing of packaging Designing of Website Designing of Brochure Obtaining the certification of FSSAI, HACCP & GMP Obtaining the Sale & income tax rebate certification for society/NGO Registration of APEDA, MOFPI & CIFTI Obtaining export license and organic certification Production training to the concerned operating people (Minm 10 people) Credit rating Vendor finalization Subsidy from MOFPI 2. Development of following products from the installed Food processing units Jam with Flavours Organic Jam with flavours Apricot sauce/chutney Packaging and sale of Dried Apricot Packaging of Apricot seed/kernel as dry fruits Kernel Powder/Kernel granules Roasted kernel Apricot Masala/salted kernel apricot Note: All raw materials for development of above products shall be provided by NHPC directly or indirectly. 3. Works of Marketing & Sales activities: Web Marketing Institutional/Retails Sale Brand Building Trade fairs & Exhibitions participation, if desired by NHPC Page 28 of 29 SCHEDULE-A Schedule of Quantities and Prices Sl. No. Description Unit Rate in Figure Rate in words Amount 1 Overall Project setup of Food Processing Units installed L.S. under CSR Activity of Nimoo Bazgo Power Station, Alchi, Leh-Ladakh, J&K, as per scope of work, Section-IV (Part-B). Note: (i) Relative position of L-1 bidder shall be ascertained on overall Quoted amount FOR NBPS Alchi basis inclusive all (taxes and duties). (ii)The bidders are advised to make themselves conversant in regard of applicability of taxes in J&K before quoting against the NIT. No extra claim shall be reimbursed/paid at the later stage and shall be restricted to the total amount mentioned in the schedule of quantities & prices. In J&K State, Service Tax is not applicable. The bidder is requested to quote for each item inclusive of J&K Works Tax @ 12.6% if registered with J&K Sale Tax Deptt., otherwise @25.20%. (iii)Items if any as mentioned in the scope of work, not included in the above schedule shall be deemed to be included in the items provided in the schedule above. (Seal & Sign of bidder) Page 29 of 29 SCHEDULE ‘B’ Payment Schedule No. Description Payment 1. Completion of Designing of Trade mark, Labels, packaging, Website, Brochure 25% 2. After Obtaining the requisite certification like FSSAI, HACCP & GMP, APEDA, and registration from MOFPI & CIFTI, Export License and Organic Certification. 25% 3. After completion of product development for Sale & income tax rebate certification for society/NGO, Vendor finalization, subsidy from MOFPI 10% 4. After completion of marketing & sales activities like Web marketing, finalization of Institutional & retail sale & brand building. 20% 5. After completion of all activities covered under the ‘Scope of Works’ with satisfaction of NHPC & maturity of products sale. 20% Note: - Also, the payments shall be considered proportionate wise against above submissions.
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