ESTIMATED COST RS.31.50 LAKH (RUPEES THIRTY-ONE LAKH FIFTY THOUSAND)
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1
BID DOCUMENT
FOR THE WORK
DESIGN, CONSTRUCTION, TESTING & COMMISSIONING OF 1.50 LAKH
LTRS CAPACITY RCC OVER HEAD TANK OF 17.00 MTR. STAGING – 1
NO. FOR DEVELOPMENT OF INFRASTRUCTURE & APPAAREL PARK
AT KURKHI IN JATNI TAHASIL, KHURDA
ESTIMATED COST
RS.31.50 LAKH
(RUPEES THIRTY-ONE LAKH FIFTY THOUSAND)
Orissa Industrial Infrastructure Development Corporation
BHUBANESWAR2
ORISSA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION
IDCO TOWER, JANPATH, BHUBANESWAR-22
Name of work : Design, Construction, Testing & Commissioning of
1.50 lakh ltrs. Capacity RCC over head tank of
17.00 mtr. staging-1 no. for Development of
Infrastructure and Apparel Park at Kurkhi in Jatni
Tahasil, Khurda. .
Sold to :
On payment of :
Vide Money Receipt : No. Dt.
General Manager (Civil)
I undertake to abide by the terms and conditions as stipulated in the detail tender call
notice and condition of contract
Signature of the Tenderer
For official use only:
1. Total no. of corrections :
2. Total no. of over writings :
3. Total no. of interpolations
4. Total nos. of pages :
5. Earnest money deposit in shape of :
6. Copy of Clearance Certificate on VAT : Furnished/ Not furnished
-612
7. Copy of PAN : Furnished/ Not furnished
8. Copy of EPF Registration No. : Furnished/Not furnished
9. Copy of service tax registration : Furnished/Not furnished
certificate.
10. Any other enclosures :
General Manager ( Civil) .3
ORISSA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION:
IDCO TOWERS, JANPATH: BHUBANESWAR-751022.
Name of the work : Design, Construction, Testing &
Commissioning of 1.50 lakh ltrs. Capacity
RCC over head tank of 17 mtr. staging-1
no. for Development of Infrastructure and
Apparel Park at Kurkhi in Jatni Tahasil,
Khurda. .
Estimated Cost : Rs. 31.50 lakh ( Rupees Thirty-one lakh fifty
thousand ) only.
Earnest Money Deposit : Rs. 31,500.00 ( Rupees thirty-one thousand
five hundred ) only
Period of sale of Bidding document : 26.05.11 TO 2.06.11 up to 3.00 P.M.
Last date & time of receipt of Bid : 07.06.2011 up to 5.00 P.M.
Time & Date of opening of Bids : 11.30 A.M. dt. 08.06.2011
General Manager (Civil)
Place of opening of Bid :
WS & EC Division,
IDCO, Bhubaneswar.
General Manager (Civil)
Officer inviting Bids :
WS & EC Division,
IDCO, Bhubaneswar.
General Manager (Civil) .4
INDEX
SL NO SUBJECT PAGE NO.
1. DETAILED TENDER CALL NOTICE 5-7
2. TENDER FOR WORK 8-9
3. FORM OF BID / TENDER 10-11
4. FORMS AND FORMATS 12
A) FORM OF EARNEST MONEY DEPOSIT 13-14
B) FORM OF SECURITY DEPOSIT 15-16
C) FORM OF PERFORMANCE GUARANTEE 17-18
D) AGREEMENT FORMAT 19-20
5. SPECIAL CONDITION 21-22
6. GENERAL INFORMATION 23-25
7. GENERAL CONDITION 26-29
8. CONDITION OF CONTRACT 30-41
9. SCHEDULE OF ITEMS 42-43
10. SPECIAL NOTE 44-44
11. PREAMBLE TO THE SCHEDULE OF QUANTITIES 45-47
12. GENERAL RULES AND DIRECTION FOR THE GUIDANCE OF 48-55
CONTRACTORS.
13. COMMERCIAL & TECHNICAL INFORMATION 56-58
14. SPECIAL TERMS & CONDITIONS FOR SAFETY MEASURES 59-61
15. SPECIAL CONDITIONS FORMING A PART OF THIS 62-70
CONTRACT
16. TECHNICAL SPECIFICATION & SCOPE OF WORK. 71-87
17. BILL OF QUANTITIES. 88-885
Orissa Industrial Infrastructure
Development Corporation
(A Government of Orissa Undertaking)
IDCO, IDCO Towers, Janpath,
Bhubaneswar-751022 ISO 9001 & 14001 CORPORATION
Phone: (0674) 2542784,2540820, Fax:
2542956
E-mail: cmd@idcoindia.com
No. IDCO/WS &EC/ 3083 Date: 18.05.11
TENDER CALL NOTICE
The General Manager (Civil), W/S & EC Division, IDCO, IDCO Towers, Janpath, Bhubaneswar
invites sealed tenders from the registered contractors from IDCO vendors /Contractors having
appropriate class of registration from State PHD/ State PWD / CPWD/ Railway/ MES for the work as
detailed below.
Sl. Name of work Estimated Bid Cost of Period Class of tenderer
No cost security Document of For IDCO For other
(Rs.in Lakh) /EMD (Rs in lakh) comple venders deptt
(Appx) (Rs. in tion
lakh)
01. Design, Construction, 31.50 0.315 0.06 + 4 % 09 ( 20 lakh Class
Testing & Commissioning VAT=6240/- (nine) to “B” & “A”
of 1.50 lakh ltrs. Capacity month 50 lakh
RCC over head tank of
17.00 mtr. staging-1 no.
for development of
infrastructure and apparel
park at Kurkhi in Jatni
Tahasil, Khurda. ..
2. SALE OF TENDER PAPER:
The Tender document may be purchased during office hours from the office of the General
Manager (Civil) IDCO, WS & EC Division, IDCO Towers, Bhubaneswar from 26.05.2011 to
02.06.2011 up to 3.00 PM on production of IDCO vender/ valid contract license, valid PAN, clearance
certificate on VAT-612, Service Tax registration certificate and valid EPF registration certificate. The
Vendor/ Contractor should have executed similar nature of work not less than one RCC over head tank
of minium 1.00 lakh ltr. capacity in turn key basis within last 3 years in a single agreement and also
have to produce necessary completion certificate from the concerned client such as Govt.
Departments, PSU, Registered Society with proof of owner ship of machineries both in self possession
or hire.
The tender is open to individual firm/ contractors only. Application from joint venture is not
acceptable.
The tender documents can also be down loaded from IDCO’s website www.idco.in which must
accompany the tender document cost of Rs.6,240.00 ( Rupees six thousand two hundred forty) only
(Non refundable) in shape of DD along with the tender drawn on any Nationalised Bank in favour of
Orissa Industrial Infrastructure Development Corporation payable at Bhubaneswar, failing which the
tender will be liable for rejection. IDCO shall not be responsible for any delay / difficulties / inaccessibility
of the down loading facility for any reason whatsoever: In case of any discrepancy between the tender
documents down loaded from internet and the master copy available in the office, the master copy will
prevail. No claim on this account will be entertained.6
3. EARNEST MONEY DEPOSIT:
The EMD shall be in shape of demand draft payable at Bhubaneswar or in shape of a Bank
Guarantee in the prescribed format from any Nationalized bank in favour of “Orissa Industrial
Infrastructure Development Corporation”.
4. SUBMISSION OF TENDER:
The sealed tender of the Bid Document and attested copies of IDCO vender/ Contract license,
EMD, Experience Certificate, clearance certificate on VAT-612, PAN, EPF Registration Certificate,
Service Tax registration certificate so as to reach the same to General Manager (Civil), W/S & EC
Division, IDCO, IDCO Tower, Bhubaneswar on or before 7.06.2011 during office hours through
registered post/ speed post only.
5. OPENING OF TENDER:
The tender will be opened on 8.06.11 at 11.30 AM in the office of the General Manager (Civil),
W/S & EC Division, IDCO, IDCO Tower, Bhubaneswar in presence of the bidders or their authorized
representatives who wishes to attend. If the office happens to be closed on the date of last sale /
receipt / opening of bids as specified, the bids will be sold / received /opened on the next working day
at the same time and venue.
The undersigned will not be responsible for any loss, damage and delay if any in the
delivery of the documents or non-receipt of the same within the stipulated period. For details
please contact to Sri S.K.Panigrahi, Dy. Manager (Civil) , W/S & EC Division, IDCO, IDCO
Tower, Janpath, Bhubaneswar-751022 or Telephone No.(0674)- 2543820 during office hours.
IDCO reserves the right to cancel any or all the bids without assigning any reason thereof.
General Manager (Civil)
Memo No. 3084 Date:18.5.11
Copy to Dy. Manager (P&A) PR Cell IDCO , Bhubaneswar with a request to publish this
tender call notice in two leading Oriya dailies. The publication copy is enclosed separately . The
works have been administrative approved by HO.
Encl: As above
General Manager (Civil)
Memo No. 3085 Date:18.05.11
Copy to Manager (MIS) , IDCO, Bhubaneswar with a request to incorporate this notice in
IDCO Web site ( soft copy enclosed) . The tender document can also be down loaded from IDCO
website from 26.5.11 to 2.06.11 up to 5.00 PM.
General Manager (Civil)
Memo No. 3086 Date:18.05.11
Copy to All Divisional Heads /Notice Board, IDCO for information and wide circulation.
General Manager (Civil)7
TENDER CALL NOTICE
No.IDCO/WS &EC/ 3083 Date: 18.5.11
Sealed tenders are invited for “Design,
Construction, Testing & Commissioning of 1.50
lakh ltrs. Capacity RCC Over Head Tank of
17.00 mtr. staging -1 no. for development of
infrastructure and apparel park at Kurkhi in
Jatni Tahasil, Khurda” with an estimated cost of
Rs. 31.50 lakh (Rupees thirty-one lakh fifty
thousand) only from IDCO vendors / Contractors
having appropriate class of registration from State
PHD/ State PWD / CPWD / Railway / MES The
date of sale of tender paper will be from 26.05.11
to 02.06.11 up to 3.00 PM on payment of Rs.
6,240.00 ( Rupees six thousand two hundred forty)
only from office of the General Manager (Civil),
W/S & EC Division, IDCO, Bhubaneswar. For
details please contact to Sri S.K.Panigrahi, Dy.
Manager (Civil) , W/S & EC Division, IDCO, IDCO
Tower, Janpath , Bhubaneswar-22, Tel No-0674-
2543820 during office hours or see our website
www.idco.in. The tender documents can also be
downloaded from the above website during the
period of sale of tender document.
The Corporation reserves the right to cancel
any or all the bids without assigning any reason
thereof.
General Manager (Civil)8
TENDER FOR WORKS.
I/We hereby tender for the execution for the work of Orissa Industrial Infrastructure
Development Corporation, Bhubaneswar, specified in the under written memorandum at the
rates specified thereon within the period as mentioned in the tender call notice from the date
of written order to commence and accordance in all respects with the specification, designs,
drawings and other documents referred to in rule, I hereof and subject to the annexed
conditions of contract and with such materials as are provided for in all respects in
accordance with such conditions.
MEMORANDUM
a) Name of work : Design, Construction, Testing &
Commissioning of 1.50 lakh ltrs. Capacity
RCC over head tank of 17 mtr. staging-1
no. for Development of Infrastructure
and Apparel Park at Kurkhi in Jatni
Tahasil, Khurda. .
b) Estimated cost : Rs. 31.50 lakh ( Rupees Thirty-one lakh
fifty thousand ) only.
c) Earnest Money to be deposited : Rs. 31,500.00 ( Rupees thirty-one
thousand five hundred ) only
d) Initial security deposit (including :
Earnest money) to be deposited
before drawal of agreement (2%
(two) percent of the tendered
amount)
Percentage to be deducted from
bill @ 5%(five percent) towards
performance guarantee)
(This percentage deducted from
bills will be credited to the
Contractor’s security deposit)
Time required for the work from 9 ( nine) months
Date of written order to commence
Date of written order to commence
Should this tender be accepted I/We hereby agree to abide by and fulfill all the terms
and provisions of the said conditions of contract annexed hereto or in default
thereof forfeiture to pay to the Orissa Industrial Infrastructure Development Corporation,
Bhubaneswar or his successors in office of the sum of money mentioned in the said
condition.9
Date.___________________________
WITNESS.________________________
Occupation._______________________
CONTRACTOR
WITNESS_________________________
Occupation.________________________
The above tender is hereby accepted by me on behalf of the Orissa Industrial Infrastructure
Development Corporation, Bhubaneswar.
Signed on behalf of the
Orissa Industrial Infrastructure Development
Corporation.
Common seal of the Corporation is affixed in the manner laid down as per the provisions of
Rules framed under Orissa Corporation Rules in presence of me.
Signature
Designation of the Officer of the Orissa Industrial
Infrastructure Development Corporation
Signature of Contractor Signature of Authorised Officer of IDCO
Dated this…………day of…………………….2011
Signature …………………… .in the capacity of……………duly authorized to sign Bid
for and on behalf of…………………………………………………….. (in block capitals).
Name of the Witness:…………………………….
Address :………………………………………
…………………………………………
Signature :……………………………………….
Signature of Contractor Signature of Authorised Officer of IDCO10
FORM OF BID/TENDER
[Note: the Appendix forms part of the Bid/Tender. Bidders/Tenderers are required to fill up
all the blank spaces in this Form of Bid/Tender and Appendix]
From:
[Name & address of the tenderer]
To
The General Manager (Civil)
IDCO, IDCO Tower,
Bhubaneswar-22
Sub: Design, Construction, Testing & Commissioning of 1.50 lakh ltrs. Capacity RCC over
head tank of 17 mtr. staging-1 no. for Development of Infrastructure and Apparel
Park at Kurkhi in Jatni Tahasil, Khurda. .
1. Having examined the Drawings, Conditions of Contract, Specification and Bill of
Quantities for the execution of the above named works, I/We, the undersigned, offer
to execute, complete and maintain the whole of the said works in conformity with the
approved Drawings, Condition of Contract, Specifications and Bill of Quantities for
the sum of (Rs................................................. ...................... ......................
.....................) or such other sum as may be ascertained in accordance with the said
Conditions.
2. I/We undertake, if my/our Bid is accepted, to commence the works as per stipulation
prescribed in the tender document and complete and deliver the whole of the works
comprised in the Contract within 9 (Nine) months from the date of issue of work
order.
3. If my/our Bid is accepted I/We will furnish a security in the form of Bank Guarantee
(approved form) to be jointly and severally bound with me/us in an amount of (Two)
percent of the above named sum in accordance with the Conditions of Contract or a
Demand Draft in an amount of (Two) percent of the above named sum in accordance
with the Conditions of Contract.
4. I/We agree to abide by this Bid for the period of 120 (One hundred twenty) days from
the date of Bid opening prescribed in the general rules and guide lines to contractors
and it shall remain binding upon us and may be accepted at any time before the
expiration of that period.
5. Unless and until an Agreement is prepared and executed, this Bid, together with
your written acceptance thereof, shall constitute a binding Contract between us.11
6. I/We understands that you are not bound to accept the lowest or any Bid you may
receive.
7. I/We agree that we will not withdraw the bid during the period of validity of bids that
will be required for intimation of acceptance or non-acceptance as stipulated in
general rules and guide lines for contractors or during such extended period as
agreed to by us, such period to date from the last date by which bids are due to
submitted to the (OIIDC) and if we do so withdraw I/We shall forfeit the bid security
to OIIDC.
Dated this ...........................day of .....................................2011
Signature ........................................................ in the capacity of ..................... duly
authorised to sign Bid for and on behalf of ................................... .....(in block capitals).
Name of the Witness : ................................................................
Address : ................................................................
................................................................
Signature : ................................................................12 FORMS AND FORMATS
13
EARNEST MONEY DEPOSIT
NON-JUDICIAL STAMP PAPER OF APPROPRIATE VALUE
Ref. No._______________ Dated ________________
Bank Guarantee No.__________________
To
Orissa Industrial Infrastructure
Development Corporation,
IDCO Towers, Janapath,
Bhubaneswar-751007, Orissa.
Dear Sir,
In consideration of Orissa Industrial Infrastructure Development Corporation, having
its Registered Office at IDCO Towers, Janapath, Bhubaneswar (hereinafter called the
“Owner” which expressions shall unless repugnant to the subject or context include its
successors and assigns) having issued Notice Inviting Tender for “
*
_______________________and M/s __________________________________ having its
Registered Head Office at _____________________ (hereinafter called the “Tenderer * )
who wished to participate in the said tender for “_______________________” and you, as a
special favour, have agreed to accept an irrevocable and unconditional Bank Bid Guarantee
for an amount of Rs.______ valid up to ______ on behalf of the tenderer in lieu of Cash
Deposit required to be made by the Tenderer, as condition precedent for participation in the
said tender.
We the _____________________ Bank incorporated under ______________ law
and having one of our branches at ________________________ and having our Registered
Office/ Head Office at _______________________________________ do hereby
unconditionally and irrevocable guarantee and undertake to pay to the “Owner” immediately
on demand without any demur, reservation, protest, contest
and recourse to the extent of the said sum of Rs._________________ (Rupees
__________________________________________)only. Any such claim / demand made
by *”Name of the work to be written”
Said “Owner” on us shall be conclusive and binding on us irrespective of any dispute or
differences raised by the tenderer. This guarantee shall be irrevocable and shall remain valid
upto ___________________________. If any further extension of this guarantee is required,
the same shall be extended to such required period on receiving instruction from
M/s____________________________________________
on whose behalf this guarantee is issued.14
We, the said Bank, lastly undertake not to revoke this guarantee during its currency
except with the previous consent of the Owner in writing and agree that any change in the
constitution of the said tenderer or the said Bank shall not discharge our liability hereunder.
In witness where of the Bank, through its authorized offices has set its hand and
stamp on this _____________________ day of ________________2011___ at
__________________________________
Witness
Signature Signature
Name Name
Designation with Bank Stamp
Official Address
Attorney as per power of Attorney
No.______________________
Date :______________________
Note : The stamp papers of appropriate value shall be purchased in the name of “Bid
Guarantee issuing Bank”15
SECURITY DEPOSIT
BANK GUARANTEE PROFORMA IN LIEU OF SECURITY DEPOSIT
Bank Guarantee to be executed on non-judicial stamped paper worth Rs.100.00
(Rupees one hundred only).
1. In consideration of the ____________________, Orissa Industrial Infrastructure
Development Corporation (hereinafter called “The Corporation having agreed to allow
(M/s___________________) (hereinafter called “the said
Contractor_________________ terms and conditions of an agreement no. (
_______________________date _________________ ) made between the Corporation
and (M/s______________________) for supply of materials ( as detailed in the said
agreement) and for the due fulfillment by the said contractor(s) of the terms and
conditions contained in the said agreement, on production of Bank Guarantee for
Rs._____________) we (______________________) (hereinafter referred to “the Bank”)
do hereby undertake to pay the Corporation an amount not exceeding Rs.__________
against any loss or damage caused to or suffered by or would be caused or suffered by
the Corporation by reason of any breach by the said contractor(s) of any of the terms of
conditions contained in the said agreement.
2. We (_________________________) do hereby undertake to pay the amounts due and
payable under this guarantee without any demur, merely on a demand from the
Corporation Stating that the amount claimed is due from the Corporation Stating that the
amount claimed is due by way of loss or damage caused to or suffered by the
Corporation by reason of any breach by the said contractor (s) of any of the terms and
conditions contained in the said agreement or by reason of the contractor (s) failure to
perform the said agreement. Any such demand made on the Bank shall be conclusive as
regards the amount due and payable by the Bank under this guarantee. However, our
liability under this guarantee shall be restricted to an amount not exceeding Rs.
____________.
We (___________________________________) further agree that the guarantee herein
contained shall remain in full force and effect during the period that would be taken for
the performance of the said agreement and that it shall continue to be enforceable till all
the dues of the Corporation under or by virtue of the said agreement have been fully paid
and its claims satisfied or discharged or the (___________________________), Orissa
Industrial Infrastructure Development Corporation, certifies that the terms and conditions
of the said agreement have been full and properly carried out by the said contractor(s)
and the guarantee shall then be in-effective.
Unless a demand or claim under this guarantee is made on us in writing or before the
(_________________________) we shall be discharged from all liability under this
guarantee thereafter.
4. We (_____________________________) further agree that the corporation shall have
the fullest liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said agreement or to extend
time of performance by the said contractors and we shall not be relieved from our liability16
by reason of any such variation, or extension being granted to the said contractor(s) or
for any forbearance, act or omission on the part of the Corporation or any indulgence by
the Corporation to the said contractor(s) or by any such matter or thing whatsoever
which under the law relating to sureties would but for this provision have effect of so
relieving us.
5. We (_______________________________) lastly undertake not to revoke this
guarantee during its currency.
6. Not withstanding what is stated above the guarantee is valid upto
(___________________________________) from the date of execution and our liability
therein is limited to a maximum of Rs._______________ unless a suit or an action to
enforce a claim under the guarantee is filed against
(___________________________________________________ ) on or before
(___________________________) all rights of the Orissa Industrial Infrastructure
Development Corporation, under the guarantee, shall be forfeited and the said Bank
shall be released and discharged from all liabilities there under.
Date at _____________________ the _________________________ day of
_______________________ two thousand ___________________.
N.B.: 1. Name of the supplier.
2. Number and date of order/agreement.
3. Name of the Bank.
4. Name of the Division Office.
5. Validity period or date up to which the guarantee is valid.
Signature of the Constituent
Authority of the Bank with Seal17
PERFORMANCE GUARANTEE FORMAT
PROFORMA FOR PERFORMANCE BANK GUARANTEE
Bank Guarantee No._______________
Date _________________
WHEREAS ________________________________________________(hereinafter
referred to as “The Owner”) which expression shall unless repugnant to the context includes
their (legal representatives, successors and assigns having) their registered office at
_____________________________________________________________
___________________________________________________________________ has
placed a purchase order (hereinafter referred to as the “Supplier”) which expression shall
unless repugnant to the context include their legal representatives, successors and assigns)
for supply of ___________________________________ on the terms and conditions as set
out, (interalia), in the Owner’s purchase order no.______________________ dated
____________________ and various documents forming part thereof hereinafter collectively
referred to as the “Said purchase order” which expression shall include all amendments,
modifications and/or variations thereto.
AND WHEREAS one of the conditions of the “Said purchase order” is that the
Supplier shall furnish to the Owner a Bank Guarantee from a Nationalised Bank for
_________________________ ( _________ percent ) of the total value of the “Said
purchase order against due and faithful performance of the materials supplied including
defects liability obligation against the performance guarantee obligations of the supply made
under the said purchase order.
AND WHEREAS the “Supplier” has approached
________________________________________________________________
(hereinafter referred to as the Bank) having their registered office at ____________ and at
the request of the supplier and in consideration of the promises the Bank have agreed to
give such guarantee as hereunder :-
(i) The Bank hereby undertake to pay the amount due and payable under this guarantee
without any demur merely on a demand from the Owner stating that the amount claimed
is due by reason of (default made by the supplier in supplying the materials as per) the
terms and conditions of the said purchase order including defects liability obligations in
fulfilling the performance guarantee obligations against the supply made by the supplier
under the said purchase order. Any such demand made on the Bank by the owner shall
be conclusive as regards the amount due and payable by the Bar under this guarantee.
However, the Bank’s liability under this guarantee shall restricted to an amount not
exceeding ____________________(Rupees _________________).
(ii) The Owner will have the full liberty without reference to the Bank and without affecting
the guarantee to postpone for any time or from time to time the exercise of any powers
and rights conferred on the owner under the said purchase order and to enforce or to for
bear from endorsing and powers or rights or by reasons of time being given to the18
supplier which under law relating the surety would but for the provisions have the effect
of releasing the surety.
(iii) The rights of the Owner to recover the said sum of _________________ (Rupees
___________________) only from the Bank in manner aforesaid will not be affected or
suspended by reasons of the feet that any dispute or disputes have been raised by the
supplier or that any dispute(s) are pending before any office, tribunal or court.
(iv) The guarantee herein contained shall not be affected by the liquidation or winding up,
dissolution, change of constitution or insolvency of the supplier but shall in all respects
and for all purchases be binding and operative until payment of all money due to the
Owner in respect of such liability or liabilities is affected.
Notwithstanding any thing stated above, the liability of the Bank under this Guarantee
is restricted to Rs.___________________ (Rs. _________________only) and this
guarantee shall expire on ____________unless a demand or a claim under this guarantee is
filed against the Bank within ________________ i.e. the date of expiry of the guarantee, all
the rights of the Owner under the said guarantee shall be forfeited and the Bank shall be
relieved and discharged from all liabilities hereunder. Accordingly, this Guarantee shall
remain in force till ______________________.
However, if the supplier’s obligations against which this Guarantee is given are not
completed or fully performed within the period, Bank hereby agrees to further extend the
guarantee for a further period of six months.
We have the power to issue this Guarantee in your favour under the discretionary
powers vested on us.
Signature of the Constituent
Authority of the Bank with Seal19
AGREEMENT
The Agreement is made this ------------------------------ day of ---------------2011
between ORISSA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION,
(IDCO), a statutory Corporation, established under Orissa Industrial Infrastructure
Development Corporation Act. 1980 (Orissa Act. 1 of 1981), having its Head Office at IDCO
Towers, Janapath, Bhubaneswar, represented by ------------------------------------- Engineer-in-
charge, -----------------here in after referred to as “Corporation” which expression shall where
the context so requires or admits, also includes its successors or assignees of the one part.
AND
--------------------------------------- Represented by ---------------------------- hereinafter
called the “Contractor” which expression shall where the context so requires also includes its
successors or assignees of the one part.
Whereas IDCO invited tenders from intending contractors for execution of --------------
---------------------------------------------- at ----------------------------------------------- and whereas the
Contractor offered his tender to construct, execute & complete such work in all respect in
conformity with provision of Agreement and whereas IDCO has accepted his tender & issued
work order in his letter No.-------------dt.-------------- for execution & completion of the work
with the following condition. Now this Agreement witnesses as follows :
1. In this Agreement, words, expression shall have the same meaning as are
respectively assigned to them to the conditions of contract hereinafter referred to.
2. The following documents shall be deemed to form and to be read and construed as
part of this Agreement as follows :
i) Terms and conditions : Annexure - ‘A’
ii) Bill of quantities : Annexure - ‘B’
3. That in consideration of the payment of Rs. --------- by the Corporation to the
contractor as hereinafter mentioned, the contractor hereby covenants with the
Corporation to construct & complete the work ----------------- in all respects in
conformity with the provisions of the contract.
4. The corporation hereby covenants to pay the contractor the contract price in
consideration of the construction & completion at the time and in the manner
prescribed in the contract.
5. The Contractor will not vary of deviate from the said plans and specification without
obtaining permission in writing of the Corporation.20
6. The Contractor shall make good any defects, shrinkage or other faults that may
appear in the works within six months after their completion.
7. In-case the Contractor shall commit the break of any covenants herein contained the
Corporation shall be at liberty to terminate this Agreement giving 15 days notice.
8. The Contractor shall indemnify to the Corporation from all claims for injury, death,
caused to any person under workmen Compensation Act. 1938. Besides the
contractor shall comply all the provisions of prevailing Labour laws during execution
of work.
9. Both the parties agree by mutual consent that any dispute relating to this Agreement
is barred from Arbitration. All problems shall be mutually settled and the decision of
IDCO shall be final and binding on the contractor.
10. In the event of any dispute that may arise out of this assessment the competent
Courts situated at Bhubaneswar shall have the jurisdiction to decide such disputes /
litigations between parties hereto.
IN WITNESS WHERE OF the parties have caused their respective common seals to
be herein to affixed (or have here into set their respective hands & seals) the day and year
first written above.
Witness :
1. Signature of the Party of the one part
2.
Witness :
1. Signature of the Party of the other part
2.21
SPECIAL CONDITIONS.
1. Notwithstanding any other condition in DTCN; Corporation will normally supply no
water. The Contractor is to arrange water for the work at his own cost The
Contractor will lay the pipe line net work required for the construction purpose at his
own cost No delay in construction is permissible on the ground of paucity of water. If
the water is availed from the Corporation source, water charges will be levied as per
the cost of purchase and the amount will be recovered from Contractor bill. Service
roads are to be constructed by contractor at his own cost.
2. No time extension will be granted on the ground of scarcity of water, communication,
material and machinery etc.
3. The responsibility to locate Govt. approved quarry and borrow area lies with the
Contractor.
4. Wherever levels are to be taken, it will be the responsibility of Contractor to get the
same done through concerned Junior Engineer and checked by the Deputy Manager
(Civil). The instrument is to be arranged by the contractor.
5. The Contractor will submit a detailed programme of completion of work with
methodology for execution of each item of work at the time of execution of agreement
preferably in PERT chart.
6. All machineries will be arranged by the Contractor at his own cost in proper time.
7. The Contractor is to abide by the Contract Labour Act and E.P.F. & ESI Act as the
sole employer of the labour staff. The Contractor is to maintain the wage register and
deposit the provident fund dues of all labourers and workers, In case the Contractor
fails to deposit the provident fund dues of the Labourers/workers. 10% of each
running bill of the Contractor will be kept withheld which can only be released after
getting clearance from the Area Enforcement Officer of the Office of the R.P.F.C.,
Orissa. The Contractor is required to register his name and get individual code
numbers from the office of the R.P.F.C.,Orissa, Bhubaneswar
8. For any bad quality of work the amount of award given by any consumer
court/judicial court will be recovered from the executing Contractor.
9. No extra quantity beyond the agreement quantity should be executed without the
prior written approval of competent authority of IDCO.
10. Wherever the agreement rates are less than 2(two)% or more the differential amount
between agreement cost and estimated cost shall be deposited by the contractor
along with ISD which will be released only after successful completion of the work.
11. For any additional quantities up to 25% on any item, the contractor will be paid at the
approved tender rate.22
SPECIAL CONDITION.
The contractor shall abide by the Employee Provident Fund and Miscellaneous
Provision Act-1952. He should maintain wages register properly and must obtain Employees
Provident Fund Code No. and a clearance from the Regional Provident Fund Authorities to
the effect that, he has provided provident fund benefits to his labourers / employees.
General Manager (Civil)
IDCO, Bhubaneswar23
GENERAL INFORMATION
1. SCOPE OF WORK: –
Design, Construction, Testing & Commissioning of 1.50 lakh ltrs. Capacity RCC over
head tank of 17 mtr. staging-1 no. for Development of Infrastructure and Apparel
Park at Kurkhi in Jatni Tahasil, Khurda. .
.2. SITE VISIT: -
The Tenderer is advised to visit and examine the site of works and its surroundings
and obtain for himself on his own responsibility all information as may be necessary
for preparing the tender and entering into contract. The costs of any such visits shall
be entirely at the Tenderer’s own expenses.
3. CONTENT OF TENDERING DOCUMENTS: -
The tenderer is expected to examine carefully all instructions, conditions, forms,
appendix to tender, terms, specifications, annexure etc. in the tender documents.
Failure to comply with the requirement of tender submission will be at the tenderer’s
own risk.
4. CLARIFICATION OF TENDERING DOCUMENTS :-
Tenderers shall carefully examine the tender documents and fully inform themselves
as to all the conditions and matters, which may in all way affect the work or the cost
thereof. Should a tenderer find discrepancies in or omission from the specification or
other documents or should he be in doubt as to their meaning he should at once
address a query to the Corporation in writing or by cable to –
The General Manager (Civil),
IDCO, IDCO Towers,
Bhubaneswar.
The Corporation will entertain all offered clarifications to any such quarries only if these are
received before due date of submission of the tender.24
5. AMENDMENT OF TENDERING DOCUMENTS:-
5.1 At any time prior to the due date and for submission of tenders the Corporation may
for any reason, whether at their own initiative or in responses to the clarification
requested by the prospective tenderers, modify the tender documents by issuing
addendum. Addendum will be issued in 1(one paper) copiers.
5.2 Such addendum will be sent in writing or by cable to the tenderers who have
purchased the tender documents and will be binding upon them. The Tenderers shall
duly sign and return the addendum in 1 copy alongwith their tenders which shall form
part of their tender.
6. DOCUMENTS COMPRISING THE TENDERS:-
Tender to be prepared by the tender shall comprise the following –
a) Registration Certificate as IDCO vendor/Registered Firm/Autonomous
Govt. owned enterprisers in India/ Company/Contractor .
b) Earnest Money Deposit
c) Copy of experience certificate towards execution of similar type of work.
Tender form and Appendix to Tender (if any)
d) Valid up-to-date TIN/PAN /Clearance certificate on VAT –612
Technical information, condition of contract, conditions of particular
application, signed copies of the Addenda (if any).
e) Cost of tender document in shape of Demand Draft drawn on any
nationalized bank in favour of IDCO payable at Bhubaneswar , if downloaded
from the website.
f) General programme for execution of the work .
g) Details of work in hand last three year
h) Details of Past Experience.
i) Work schedule in the form of a bar chart.
j) Any current litigation in which the tenderer is involved.
k) Rate of items in prescribed Schedule of Quantities.
n) EPF Registration Certificate
o) Service tax registration certificate25
7. TENDER PRICES
7.1 The contractor should note that unless otherwise stated the tender is strictly on item
rate basis and his attention is drawn to the fact that rates for each and every item
should be correct, workable and self-supporting.
7.2 All duties, taxes, insurance, transportation, royality, loading, unloading, storage,
watch & ward, cost of T&P and other levies payable by the contractor under the
contract or for any other cause shall be included in the rates and prices and total
tender price submitted by the tender and the evaluation and comparison of bids by
the Corporation shall be made accordingly.
7.3 The rates and prices quoted by the tender shall be firm for the duration of the
contract and not subject to escalation on any account.
7.4 Rates shall be quoted both in figures and in words in clear legible writing. No
overwriting is allowed. All scoring and cancellation should be countersigned by the
Tenderer. In case of illegibility, the interpretation, the decision of the Engineer-in-
charge of work shall be final. All entries shall be in English Language. In case if on
check there are differences between the rates given by the bidder in words and
figures or in the amounts worked out by him, the following procedure should be
followed.
(i) When there is difference between the rates in figures and in words, the rates which
correspond to the amount worked out by the bidder shall be taken as correct.
(ii) When the amount of an item is not worked out by the bidder or it does not
correspond with the rate retain either in figures or words, then rate quoted by the
bidder in words shall be taken as correct.
(iii) When the rate quoted by the bidder in figures and in words tallies but the amount is
not worked out correctly, the rates quoted by the bidder shall be taken as correct and
not the amount.
7.5 Engineer’s decision shall be final and binding on the contractor regarding clarification
of items in the Schedule with respect to the other sections of the Contract.
NB: All documents furnished by the tender shall be duly attested by a officer not below
the rank of Class-I in State /Central Govt. or Notary.26
GENERAL CONDITIONS
1. NAME OF WORK: –
Design, Construction, Testing & Commissioning of 1.50 lakh ltrs. Capacity RCC over
head tank of 17 mtr. staging-1 no. for Development of Infrastructure and Apparel
Park at Kurkhi in Jatni Tahasil, Khurda. .
2.1 The tenderer will be received up to 5.00 PM on dt. 07.05.11 in office of General
Manager (Civil) , IDCO, W/S & EC Division, Bhubaneswar and will be opened on
08.06.2011 at 11.30 A.M. by Deputy General Manager (Civil) in the presence of the
tenderers or their authorized representatives.
2.2 Telegraphic Tenders, Incomplete Tender, Delayed Tenders on account of Postal
Delayed or any other reasons and conditional tenders will not be entertained.
3. EARNEST MONEY DEPOSIT (EMD): -
3.1 The tenderer is required to furnish EMD amounting to Rs. 31,500.00 ( Rupees thirty-
one thousand five hundred ) only in shape of Bank Draft/ Bankers cheque/ Pay
Order drawn in favour of “Orissa Industrial Infrastructure Development Corporation”
from any Nationalised Bank, payable at Bhubaneswar or in the shape of Bank
Guarantee as per the format given in the Bid documents. The EMD will be refunded
to the un-successful tenderers after finalisation of the tender and no interest will be
paid by the Corporation on the Earnest Money Deposited by the tenderers.
3.2 Any tender furnished without EMD or furnished in any other form will also be
rejected.
3.3 The Earnest Money Deposit shall be forfeited
a) If a tenderer modifies or withdraws his tender during the period of tender validity.
OR
b) In the case of a successful tenderer, if he fails within specified time limit to
i) Sign the agreement or
ii) Furnish the required security deposit
4. SALE TAX REGISTRATION CERTIFICATE /TIN /PAN & CLEARANCE
CERTIFICATE ON VAT - 612
The valid and up-to-date Sale Tax Registration Certificate /PAN & Certificate on
VAT-612 shall accompany the tender. Tenderers received without above are liable
for rejection. The contractor must be registered as per Orissa Sales Tax and submit27
copy of registration document. Tender without receipt of the above is liable for
rejection.
5. SIGNING OF TENDER:
Each page of tender document submitted and all corrections must be signed by the
tenderers. The entire tender documents shall form part of the Agreement.
6. OMISSIONS & DISCREPANCIES:
Should the tenderer find discrepancies, in or omissions from tender documents or
should be in doubt as to their meaning & expression, he should at once notify the
Asst. Engineer (Civil), P&C Wing, IDCO, Bhubaneswar, who may sent a written
instruction to all tenderers.
7. VALIDITY OF TENDER:
The tender submitted shall remain valid for a period of 120 (one hundred twenty)
days from the date of opening of the tender.
8. ACCEPTANCE & REJECTION OF TENDER :
8.1 The authority reserves the right to reject any or all tenders or accept any tender
without assigning any reason what-so-ever. Without limiting the generality of the
foregoing, any tender which is incomplete, obscure or irregular may be rejected. The
tenders containing alteration or over writing are liable for rejection. Any correction
made by the tenderer must be signed by the tenderer.
8.2 No claim shall be entertained towards any expenses made by the tenderer for
submission of the tender in case of the cancellation or withdrawal of the tender
notice.
8.3 Tender acceptance of the tender shall be a notice in writing signed by the General
Manager (Civil), W/S & EC Division), IDOO, Bhubaneswar. The acceptance of the
tender shall bind the successful tenderer to execute the contract.
9. PRICE :
All rates must be quoted both in words and figures. In the event of discrepancy
between quoted price in word and figure, the rate which correspond to the amount
worked out by the bidder shall be taken as correct. When the bidder does not work
out the amount, the word shall prevail. The quoted price shall be firm and valid till
completion of the work.28
10. INITIAL SECURITY DEPOSIT (ISD) :
On receipt of formal order of acceptance of the tender and before execution of the
agreement with the Corporation, the successful tenderer shall have to deposit a
further amount as ISD, so that the EMD together with ISD will 2% of the value of
order, in shape of crossed Bank Draft/Pay Order/Bankers Cheque from any
Nationalised Bank drawn in favour of “Orissa Industrial Infrastructure Development
Corporation” payable at Bhubaneswar. The same will be released after expiry of the
guarantee period on application.
11. EXECUTION OF AGREEMENT:
The successful tenderer will have to execute an agreement with the Corporation
within 10 (Ten) days of issue of formal order of acceptance of offer after deposited
required amount of ISD failing which the EMD alongwith ISD will be forfeited.
12. TIME OF COMPLETION:
The time of completion of the work shall be 9( nine ) months from the date of issue
of the work order/ Letter of Intent/ Acceptance.
13. PAYMENT:
13.1 Interim payment for the work done by the Contractor will be made on the basis of
measurement of each item recorded in the measurement book by the Engineer in-
charge concerned.
13.2 All such interim payments from time to time shall be treated as payment by way of
advance against the final payment only.
13.3 Final payment will be made after completion of the work in all respect and recorded
in the measurement book by the concerned Engineer in-charge .
14. TAX DEDUCTION:
Recovery towards Income Tax, Sales Tax/ Work Contract Tax will be made from
gross amount of each R/A bill at the rates fixed by Government from time to time.
15. PENALTY:Failure to execute the order within the time schedule, tenderer is liable to
pay penalty equal to ½ % (Half percent) of the value of order not executed per week29
or part thereof of delay subject to a maximum of 10% (Ten percent) of contract
value. In addition to this, the EMD & ISD shall be also be forfeited.
16. SECURITY DEPOSIT (SD):
5% (Five percent) of the gross amount of each R/A bill and final bill will be kept as
Security Deposit as further security over the 2% ISD & EMD, towards guarantee for
materials and workmanship for a period of one year from the date of completion of
the work and any defect found during this period has to be rectified by the contractor
free of cost. The Security Deposit will be released after the guarantee period on
application.
17. DAMAGES TO PERSONS & PROPERTY:
The contractor shall take every precaution not to damage or injure adjoining or other
property of any persons. He shall indemnify the employee against all claims for
injures or damages to any property which may arise out of or in consequent of any
negligence or default on the representatives and against all claims.
All safety equipments shall be adequately made available by the contractor at work
site for use of persons engaged at site.
18. FAIR WAGE CLAUSE:
The contractor shall abide by the Fair Wage Clause as introduced by the State
Government and amended from time to time. Orissa PWD/PH/Electricity Department
Contractor’s labour rules and regulations shall also be applicable to the contractor.
These shall form a part of the agreement.
19. SITE CLEARANCE:
After the work is finished or completed, surplus materials and debrises are to be
removed by the contractor at his own cost and preliminary works such as vats,
mixing platforms, level pillars, temporary sheds and godowns etc. are to be
dismantled and all such materials removed from site. After the work is completed in
all respect as per contract, the contractor shall vacate the site immediately from the
date of completion by making good to the damages, if any.
20. ESCALATION:
The rates/amount quoted against price bid shall remain firm and valid till completion
of the work. No escalation in rates will be allowed till completion of work.
21. Any dispute as regards to the contract of this tender shall have to be dealt within the
Judicial Jurisdiction of State Orissa.30
CONDITIONS OF CONTRACT.
CLAUSE-1:
All compensation of other sum of money payable by the contractor to Corporation
under the terms of this contract may be deducted from , or paid by, the sale of sufficient part
of his security deposit or from the interest arising there from, or from any sums which may be
due or may become due to the Contractor by the Corporation on any account whatsoever
and in the event of his security deposit being reduced by reason of any such deduction or
sales as aforesaid the Contractor shall within ten days thereafter made good in cash or
government security endorsed as aforesaid any sum or sums which may have been
deducted from, or raised by, sale of the security deposit or any part thereof.
CLAUSE-2 : PENALTY FOR DELAY;
Time is deemed to be essence of the contract on the part of the Contractor. The time
allowed for carrying out the work as entered in the tender shall be strictly observed by the
Contractor and shall be reckoned from the date on which the written order to commence the
work is given to the Contractor. On receipt of the work order, the Contractor will give a
schedule of construction and stick to the time schedule during execution. In case he fails to
observe the approved time schedule during the intermediate period of the execution of work,
penalty will be levied and will be recovered @ ½% on the value of work lagging behind for
every week delay in execution of the portion or component of work for which programme is
given in the time schedule.
The penalty thus recovered at different stages may be waived in full or part if the
authorized person of IDCO in-charge of the work is satisfied that the Contractor has made
up the delay at subsequent stages and the work proceeds as per original time schedule. The
decision of the authorised officer in charge of the work is final and binding as regards
recovery and waive of penalty at the intermediate stages of the execution of the work.
If the work is delayed at the completion stage the penalty levied can not be
considered unless the work is finished in all respect within the time schedule. The work
should not be considered as finished until such date as the corporation shall satisfy as the
date on which the work is finished after necessary rectification of defects as pointed out by
the Corporation or its authorized officer are fully complied with by the Contractor to the
Contractors satisfaction provided all ways that entire amount of penalty to be paid under
provision of this Clause shall not exceed 10% of the contract value of the work. Penalty
levied for any delay which will occur during the last 3 months of the contract period can not
be considered for waiver by any Authority other than the Chiarman-cum-Manager Direction
of the Corporation. Subject to the consideration that the application for waiver or penalty to the31
Chairman-Cum-Managing Director of the Corporation can only be considered if work gets
finally finished within time schedule.
It is mutually agreed by both the parties that in case of any dispute arising out of the
provisions of this clause, the decision of the Chairman-Cum-Managing Director of the
Corporation is final and binding on both the parties and the decision is neither arbitrable or
changeable within the court of law.
CLAUSE-3: ACTION WHEN WHOLE SECURITY DEPOSIT IS FORFEITED:
In any case in which under any clause or clauses of this contract, the Contractors
shall have rendered himself liable to pay compensation/penalty amounting to the whole of
his security deposit in the hands of the Corporation (whether paid in one sum or deducted by
installments) the Authorized officer on behalf of the Managing Director of the Corporation,
shall have power to adopt any of the following courses, as he may deemed best suited to
the interest of Corporation.
(a) To rescind the contract (of which rescission notice in writing to the Contractor under
the hand of the authorised officer of the Corporation shall be conclusive evidence)
and in which case, the security deposit of the Contractor shall stand forfeited, and be
absolutely at the disposal of the Corporation.
(b) To employ the labor, paid by the Orissa Industrial Infrastructure Development
Corporation and to supply materials to carry out the work, or any part of the work,
debiting the Contractor with the cost of the labour and the price of the materials (of
the amount of which the cost and price certificate of the authorised officer of the
Corporation shall be final and conclusive against the Contractor) and crediting him
with the value of the work done, in all respects in the same manner and at the same
rates as if it had been carried out by the Contractor under the terms of his contract
the certificate of the authorised officer of the Corporation as to the value of the work
done shall be final and conclusive against the Contractor.
To measure up the work of the Contractor, and to take such part of the work of the
contract as shall be un executed out of his hands and to give it to another Contractor to
complete, in which case any expenses which may be incurred in excess of the sum which
would have been paid to the original Contractor ,if the whole work had been executed by him
( of the amount of which excess the certificate in writing of the authorised officer of the
Corporation shall be final and conclusive ) shall be borne and paid by the original contractor
and may be deducted from any contract. And in case the contract shall be rescind under the
provision aforesaid, the Contractor shall not be entitled to recover or be paid any sum for any32
work, thereto for actually performed under this contract, unless and until the EIC of the work
shall have certified in writing the performance of such work and the value payable in respect
thereof and he shall only be entitled to be paid the value so certified.
CLAUSE-4;
CONTRACTOR REMAINS LIABLE TO PAY COMPENSATIONIF ACTION NOT TAKEN
UNDER CLAUSE-IV;
In any case in which any of the powers, conferred upon the competent authority / EIC of the
Corporation by Clause-III hereof shall have become exercisable and the same shall not be
exercised. The non-exercise thereof shall not constitute a waiver of any of the conditions
thereof and such powers shall not withstanding be exercisable in event or any future case of
default by the Contractor of which by any clause or clauses thereof he is declared liable to
pay compensation/penalty amounting to the whole of his security deposit, the liability of the
Contractors for past and future compensation/penalty shall remain unaffected.
CLAUSE –5: POWERS TO TAKE POSSESSION OF OR REQUIRE REMOVAL OF OR
SELL CONTRACTOR’S PLANTS:
In the event of the EIC of the works putting in force the powers vested in him under the
preceding clause he may, if he so desires, take possession of all or any tools, plants,
materials and stores, in or upon the works, or the site thereof or belonging to the Contractor,
or produced by him and intended to be used for the execution of the work or any part thereof
, paying or allowing for the same in the account at the contract rates, or in case of these not
being applicable, at current market rats to be certified by the EIC whose certificate thereof
shall be final. Otherwise the EIC on behalf of the Corporation may issue notice in writing for
the Contractor or his agent of the works, foreman or any other authorized person require
him to remove such tools plant, materials or stores from the premises (Within a time to be
specified in such notice), and in the event of the Contractor failing to comply with any such
requisition, the EIC /authorized officer of the Corporation may remove them at the
Contractor’s expense or sell them by auction or private sale on account of the Contractor
and at his risk in all respects, and the certificate of the EIC of the Corporation as to be
expense of any such removal and the amount of the proceeds and expense of any such sale
shall be final and conclusive against the Contractor.
If the Contractor shall desire on extension of time for completion of the work on the
ground of his having been unavoidably hindered I its execution or any other grounds, he hall
apply in writing to the Engineer-in-Charge within 30 days of the date of hindrance on account
of which he desires such extension as aforesaid and the Engineer-in-charge shall, if in his
opinion ( which shall be final) reasonable ground be shown therefore, authorize suchYou can also read
