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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
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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.
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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]
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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
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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.
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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
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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:
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(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
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(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
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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.
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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.
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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.
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(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___________________
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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)
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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)
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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)
______________________________________________________________________________
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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
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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)
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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,
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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.