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Name of Work :- Providing and laying Global Category Synthetic Hockey Surface
                         at SAG Centre, NEHU Campus, Shillong.

                                              INDEX

 Sl. No.                                    Description                                    Page No.
     1      Index                                                                          1
     2      PART - A                                                                       2
     3      Notice Inviting Tender (CPWD-6)                                                3-14
     4      CPWD-8                                                                         15-17
     5      Schedules (A to F)                                                             18-23
     6      Form of Performance Security                                                   24-25
     7      Form of BG for earnest money                                                   26
     8      Introduction of Integrity Pact and Dispute Resolution Committee under Clause   27-37
            25 in GCC 2010 issued vide O/M No DG/CON/255 dated 23.05.2011 including
            form of Integrity Agreement
     9      PART - B                                                                       38
    10      General Conditions / Additional Specifications / Model documents of            39-76
            CSO,CPWD
    11      PART - C                                                                       77
    12      Schedule of Quantities (for Civil Work)                                        78-83

 Certified that this NIT document consists of Index on Page No 1, PART ‘A’ from
 Page No. 2 to 37, PART ‘B’ from page no. 38 to 76 PART ‘C’ from page no. 78 to
 83.



Assistant Engineer (P)                Executive Engineer (P)-I        Superintending Engineer
 (P)


                                          APPROVED


                                      Chief Engineer(NEZ)
                                      CPWD Shillong-03




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CPWD-6 FOR e-TENDERING

1. ITEM RATE TENDERS IN TWO BIDS (Technical & Financial), are invited for
and on behalf of the President of India from FIH approved Synthetic Hockey Surface
manufacturers (and not from their agents or distributors or dealers or suppliers or
subsidiary companies or associate companies) for the work of “Providing and laying
Global Category Synthetic Hockey Surface at SAG Centre, NEHU Campus,
Shillong.” as per details given below:-

1.1. Location/Place and scope of the involved:
The work comprises of providing and laying Global category Synthetic Hockey
Surface at SAG Centre, NEHU Campus, Shillong, detailed in the table below
indicating the number of Hockey pitches to be laid, estimated cost of the work and
earnest money to be deposited with the tender. The scope of the work includes
providing and laying sprinkler network & system, providing and laying 50mm dense
bituminous concrete as wearing course and synthetic Hockey surface on existing
W.B.M & 50mm thick bituminous macadam.

       Location                State             No. of      Estimated cost Earnest Money in
                                                 Hockey      in Indian       Indian Rupees.
                                                 pitches     Rupees
(1)            (2)                 (3)               (4)            (5)              (6)
 (i)   SAG Centre, NEHU         Meghalaya             1        2,65,47,609/-     5,30,952/-
       Campus, Shillong


1.2    The work is Estimated to Cost Rs. 2,65,47,609 (Rupees Two Crore Sixty Five Lac
Forty Seven Thousand Six Hundred and Nine only). This estimate, however, is given
merely as a rough guide.

2.      Agreement shall be drawn with the successful tenderer on prescribed Form
        No. CPWD 8 (or other Standard Form as mentioned) which is available as a
        Govt. of India Publication. Tenderer shall quote his rates as per various
        terms and conditions of the said form which will form part of the agreement.

3.     The time allowed for carrying out the work will be 150 (one hundred Forty
days) from the date of start as defined in schedule ‘F’ or and shall be reckoned from
the day the sub-base of WBM and 50mm thick bituminous macadam is made
available to the contractor, or from 22nd day from the date of issue of letter of
acceptance, whichever is later.

4. If the sub base up to WBM is not handed over within three months from the last
date of submission of performance guarantee as specified in the letter of acceptance
issued by Engineer-in-Charge, the Contractor shall be free to get his contract
foreclosed but without any claim for compensation of any kind.




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5      The tender document consisting of plans, specifications, the schedule of
       quantities of various types of items to be executed and the set of terms and
       conditions of the contract to be complied with and other necessary
       documents including Standard General Conditions of Contract Form can be
       seen from website www.tenderwizard.com/CPWD or www.cpwd.gov.in free
       of cost.

6.     After submission of the bid the contractor can re-submit revised bid any
       number of times but before last time and date of submission of bid as
       notified.

7.     While submitting the revised bid, contractor can revise the rate of one or
       more item(s) any number of times (he need not re-enter rate of all the items)
       but before last time and date of submission of bid as notified.
8.     Earnest Money in the form of Treasury Challan or Demand Draft or Pay
       order or Banker`s Cheque or Deposit at Call Receipt or Fixed Deposit Receipt
       (drawn in favour of Executive Engineer, Meghalaya Central Division,
       CPWD, Shillong) shall be scanned and uploaded to the e-tendering website
       within the period of bid submission and original should be deposited in
       office of Executive Engineer.

      A part of earnest money is acceptable in the form of bank guarantee also. In
      such case, 50% of earnest money or Rs. 20 lakh, whichever is less, will
have to      be deposited in shape prescribed above, and balance in shape of Bank
      Guarantee of any scheduled bank which is to be scanned and uploaded by
the   intending bidders.

       Interested contractor who wish to participate in the bid has also to make
       following payments in the form of Demand Draft/Pay order or Banker`s
       Cheque of any Scheduled Bank and to be scanned and uploaded to the e-
       Tendering website within the period of bid submission:

(i)    Cost of Bid Document - Rs. 1,500.00 drawn in favour of Executive
       Engineer, Meghalaya Central Division, CPWD, Shillong
(ii)   e-Tender Processing Fee - Rs. 5,515.00 (Including service Tax) drawn in
       favour of "ITI Limited" payable at Delhi.
       Treasury Challan or Demand Draft or Pay Order or Banker`s Cheque or
       Deposit at Call Receipt or FDR or Bank Guarantee against EMD, Cost of
       Tender Document and Cost of Tender Processing Fee shall be placed in
       single sealed envelope superscripted as “Earnest Money, Cost of bid
       Document and Cost of        bid Processing Fee” with name of work and due
       date of opening of the bid also   mentioned thereon.

       Other documents as specified in the press notice shall be scanned and
       uploaded to the e-tendering website within the period of bid submission
       and certified copy of    each shall be deposited in a separate envelop
       marked as “Other Documents”.

        Both the envelopes shall be placed in another envelope with due mention of
        Name of work, date & time of opening of bids and to be submitted in the
       office


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of Executive Engineer including technical bid documents (as specified on para no.
        13, 14 and 15 at page no. 10 and 11 on this NIT document) after last date & time
        of submission of bid and up to 03:30 PM on 15.11.2011. The document shall
        be opened at 4.00 PM on the same day.

        Online technical and financial bid documents submitted by intending bidders shall be
        opened only of those bidders, whose Earnest Money Deposit, Cost of Tender
        Document and e- Tender Processing Fee and other documents placed in the
        envelope are found in order.
        The financial bid submitted shall be opened at 04:00 PM on 21.11.2011

              If the tenderer so desires and authorize, the earnest money can be
        deposited on their behalf by their authorized Indian representative and the
        same as and when due for refund, can be released to such authorized
        representatives.

9.      The basic Parameters of ‘Technical Bid’ are as under, which must be fulfilled,
        otherwise the Technical Bid shall be summarily rejected.
(i)     The product offered must be approved by FIH for international hockey competitions
        and approval should have the validity at least up to six months beyond the last date
        of receipt of tender.
(ii)    For location, the Technical Bid (and accordingly Financial Bid) shall be submitted by
        the tenderer for only one of their FIH approved products,
(iii)   Which the tenderer considers appropriate considering the climatic conditions of the
        place and serviceable life of at least 7 years.
(iv)    The trade name of the product offered shall be written in full and the same shall tally
        exactly with what is written in the FIH approval certificate, Laboratory’s test report
        and client’s certificates (if any).
(v)     Only such certificates (of FIH and FIH accredited laboratory) shall be accepted which
        is for the product as per it is current trade name. In case, any of these certificate is
        for the product indicating it’s earlier trade name, the same shall not be accepted and
        technical bid with such certificate shall be summarily rejected.

Samples of the product offered in Technical Bid shall be submitted in the manner given at
para-14 of Annexure 20 A.5.2.
10.     i)     The rates of all items shall be quoted in Indian Rupees (INR).
        ii)    The payment for all items except item No 30 shall be made in Indian
               Rupees only. Payment of item no 30 (Providing and the laying of synthetic
               hockey surface) shall be made in US Dollars, as detailed in para 7 of Particular
               specification of this document on page 62-63

11.    The department will have no objection to the Contractor engaging an
indigenous partner for carrying out the work of all items except synthetic Hockey
surface over the sub-base for which payment can be made directly to the said
partner in India Rupees, should the Contractor so desire and confirm in writing.

If the bidder so desires, such authorized indigenous partner may provide his/ her
documents pertaining to service tax registration, VAT registration, sales tax
registration


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etc wherever required in the bid document and any tax deducted at source under
the agreement will be against such documents.

12.   The bid submitted shall become invalid and cost of bid and e-tender
processing fee shall not be refunded if :

       (i)    The bidder is found ineligible.

       (ii)   Any discrepancy is noticed between the documents as uploaded at he
              time of submission of bid and hard copies as submitted physically in
the           office of opening authority.

13.    The contractor whose bid is accepted will be required to furnish performance
       guarantee of 5% (Five Percent) of the tendered amount within the period
       specified in Schedule F. This guarantee shall be in the form of cash (in case
       guarantee amount is less than Rs. 10000/-) or Deposit at Call receipt of any
       scheduled bank/Banker’s cheque of any scheduled bank/Demand Draft of
       any scheduled bank/Pay order of any Scheduled Bank of any scheduled
       bank (in case guarantee amount is less than Rs. 1,00,000/-) or
      Government Securities or Fixed Deposit Receipts or Guarantee Bonds of any
      Scheduled Bank or the State Bank of India in accordance with the prescribed
       form. In case the contractor fails to deposit the said performance
      guarantee within the period as indicated in Schedule ‘F’, including the
      extended period if any, the Earnest Money deposited by the contractor shall
      be forfeited automatically without any notice to the contractor.

14.    Intending bidders are advised to inspect and examine the site and its
       surroundings and satisfy themselves before submitting their tenders as to
       the nature of the     ground and sub-soil (so far as is practicable), the form
       and nature of the site, the means of access to the site, the accommodation
       they may require and in general shall themselves obtain all necessary
       information as to risks, contingencies and other circumstances which may
       influence or affect their tender. A bidder shall be deemed to have full
       knowledge of the site       whether he inspects it or not and no extra charge
       consequent on any misunderstanding or otherwise shall be allowed. The
       bidder shall be       responsible for arranging and maintaining at his own
       cost all materials, tools & plants, water, electricity access, facilities for
       workers and all other services      required for executing the work unless
       otherwise specifically      provided for in the contract documents.
       Submission of a tender by a bidder implies that he has read this notice
       and all other contract documents and has made himself           aware of the
       scope and specifications of the work to be done and of conditions and rates
       at which stores, tools and plant, etc. will be issued to him by         the
       Government and local conditions and other factors having a bearing on the
       execution of the work.
15.    The competent authority on behalf of the President of India does not bind
       itself to accept the lowest or any other tender and reserves to itself the
       authority to reject any or all the tenders received without the assignment of
       any reason. All




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tenders in which any of the prescribed condition is not fulfilled or any
          condition including that of conditional rebate is put forth by the bidder shall
          be summarily rejected.
16.       Canvassing whether directly or indirectly, in connection with tenderers is
          strictly prohibited and the tenders submitted by the contractors who resort
to        canvassing will be liable to rejection.

17.       The competent authority on behalf of President of India reserves to himself
the       right of accepting the whole or any part of the tender and the tenderer shall
be        bound to perform the same at the rate quoted.

18.     The contractor shall not be permitted to tender for works in the CPWD Circle
        (Division in case of contractors of Horticulture/Nursery category) responsible
        for award and execution of contracts, in which his near relative is posted a
        Divisional    Accountant or as an officer in any capacity between the grades
of      Superintending Engineer and Junior Engineer (both inclusive). He shall also
        intimate the names of persons who are working with him in any capacity or
are     subsequently employed by him and who are near relatives to any gazette
officer        in the Central Public Works Department or in the Ministry of Urban
        Development. Any breach of this condition by the contractor would render
him liable to be removed from the approved list of contractors of this
Department.

19.    No Engineer of gazette rank or other Gazetted Officer employed in
Engineering or Administrative duties in an Engineering Department of the
Government of       India is allowed to work as a contractor for a period of one year
after his    retirement from Government service, without the previous permission
of the Government of India in writing. This contract is liable to be cancelled if
either the contractor or any of his employees is found any time to be such a person
       who had not obtained the permission of the Government of India as
aforesaid    before submission of the tender or engagement in the contractor’s
service.

20.    The tender for the works shall remain open for acceptance for a period of
ninety       (90) days from the date of opening of tenders if any tenderer
withdraws his        tender before the said period or issue of letter of acceptance,
whichever is earlier, or makes any modifications in the terms and conditions of the
tender       which are not acceptable to the department, then the Government
shall, without prejudice to any other right or remedy, be at liberty to forfeit 50% of
       the said earnest money as aforesaid. Further the tenderer shall not be
allowed      to participate in the re-tendering process of the work.

21.   This notice inviting Tender shall form a part of the contract document. The
      successful tenderer/ contractor, on acceptance of his tender by the
Accepting   Authority shall within 15 days from the stipulated date of start of the
work, sign the contract consisting of:-

   a) The Notice Inviting Tender, all the documents including additional
conditions, specifications and drawings, if any, forming part of the tender as
uploaded at the time of invitation of tender and the rates quoted online at the time
of     submission of bid and acceptance thereof together with any
       correspondence leading there to.

     b)   Standard C.P.W.D. Form 8 (Attached with this tender document) .

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22.1 The tender document has included the following three components:

Part A:- CPWD-6, CPWD-8 including schedule A to F for the major component of
the
       work, Standard General Conditions of Contract for CPWD 2010 or latest
edition
       as applicable with all amendments/modifications up to 23.05.2011
(available
      as Govt. of India publication, or can be downloaded free of cost from
      www.cpwd.gov.in).

Part B:- General / specific conditions, specifications of the work.
Part C:- schedule of quantities applicable to of the work

22.2   The eligible bidders shall quote rates for all items of work.

22.3 After acceptance of the tender by competent authority, the EE in charge of
      the work shall issue letter of award on behalf of the President   of   India.
After
       the work is awarded, the contractor will have to enter into one agreement
with
      EE in charge of the work.

22.4 Entire work under the scope of the work shall be executed under one
agreement.

22.5   The Earnest Money will        become part of the security deposit of the work.

22.6 Running and final payment for the work shall be made by EE to the
contractor.

23.    In case any discrepancy is noticed between the documents as uploaded at
the    time of submission of the bid online and hard copies as submitted
physically   in the office of Executive Engineer, then the bid submitted shall
become invalid     and the Government shall, without prejudice to any other right
or remedy, be at   liberty to forfeit 50% of the said earnest money as aforesaid.
Further the bidder shall not be allowed to participate in the re-tendering process
of the work.




                                                                Executive Engineer,
                                                             Meghalaya Central Division,
                                                                 CPWD, Shillong




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Annexure 20A.5.2

INFORMATION AND INSTRUCTIONS FOR CONTRACTORS FOR e-TENDERING
       FORMING PART OF NIT AND TO BE POSTED ON WEBSITE

                                                             (Applicable for inviting open tenders)

The Executive Engineer, Meghalaya Central Division, CPWD, Shillong on behalf
of President of India invites online ITEM RATE TENDERS IN TWO BIDS (Technical
& Financial) from FIH approved Synthetic Hockey Surface manufacturers (and not
from their agents or distributors or dealers or suppliers or subsidiary companies or
associate companies) for the work of:

                                            Name of Work &      Estimat                                                       Date &        Last date &     Period during    Time & date
                                            Location            ed Cost                                                       time of       time of         which EMD,       of
                                                                put to                                                        Prebid        submission      Cost of          opening of



                                                                                                          Period Completion
                                                                Tender                                                        conference    of              Tender           financial bids
                                                                                        Earnest Money                                       Eligibility &   Document,        of
           NIT No.




                                                                                                                                            financial bid   Etender          qualified/
Sl. No.




                                                                                                                                            on line         Processing       approved
                                                                                                                                                            Fee and other    bidders.
                                                                                                                                                            Documents
                                                                                                                                                            including
                                                                                                                                                            technical bids
                                                                                                                                                            shall be
                                                                                                                                                            submitted
           41(recall-2/EE/MGCD/SH/2011-12




  1.                                        Providing and
                                            laying Global
                                            Category
                                                                 Rs. 2,65,47,609.00



                                                                                        Rs. 5,30,952.00




                                            Synthetic                                                                         at 11:30 AM   upto 3.00       Upto 03:30       at 4.00 P.M.
                                                                                                          150 days




                                                                                                                              on            P.M. on         P.M. on          on
                                            Hockey                                                                            8/11/2011     14/11/2011      15/11/2011       21/11/2011
                                            Surface     at
                                            SAG Centre,
                                            NEHU
                                            Campus,
                                            Shillong

          1.                                The intending bidder must read the terms and conditions of CPWD-6
                                            carefully. He should only submit his bid if he consider himself eligible
                                            and he is in possession of all the documents required.

          2.                                Information and instructions for bidders posted on website shall form
                                            part of bid document.

          3.                                The bid document consisting of plans, specifications, the schedule of
                                            quantities of various types of items to be executed and the set of terms
                                            and conditions of the contract to be complied with and other necessary
                                            documents      can    be   seen    and    downloaded     from    website
                                            www.tenderwizard.com/CPWD or www.cpwd.gov.in free of cost.




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4.      But the bid can only be submitted after uploading the mandatory
              scanned documents such as demand draft or pay order or Banker’s
              cheque or Deposit at call receipt or fixed deposit receipts and bank
              Guarantee of any Scheduled bank towards cost of bid document and
              EMD in favour of respective Executive Engineer and Processing fee in
              favour of ITI Limited and other document as specified.

      5.      Those contractors not registered on the website mentioned above, are
              required to get registered beforehand. If needed they can be imparted
              training on online bidding process as per details available on the website.
      6.      The intending bidder must have valid class-III digital signature to submit
              the bid.
7.         OPENING OF TECHNICAL BID
           First of all Technical bid shall be opened on the date & time specified in
           annexure – 20.A.5.2 of those tenderer who fulfil all the basic parameters of
           Technical bid as mentioned at Sl.No.13 in annexure – 20.A.5.2 and deposited
           the earnest money, cost of tender documents, e-tender processing fee etc.,
           as prescribed in the same.
8          OPENING OF FINANCIAL BID
8.1        The financial bids of those tenderers whose technical bids have been found in
           order shall be opened on the date and time mentioned at pg-9 Annexure 20A
           5.2.
8.2        In the event, no rate has been quoted for any item(s), leaving space in
           figure(s), words(s) and amount blank, it will be presumed that the contractor
           has included the cost of this/these item(s) in other items. Rates for such item
           (s) shall accordingly be considered as Zero and no payment shall be made for
           the works to be done by the contractor as per item/these items.
9          On opening date, the contractor can login and see the bid opening process.
           After opening of bids he will receive the competitor bid sheets.
10         Contractor can upload documents in the form of JPG format and PDF
           format.
11         Contractor must ensure to quote rate of each item. The column meant for
           quoting rate in figures appears in pink colour and the moment rate is
           entered, it turns sky blue. In addition to this, while selecting any of the cells
           a warning appears that if any cell is left blank, the same shall be treated as
           “0”. Therefore, if any cell is left blank and no rate is quoted by the bidder,
           rate of such item shall be treated as “0” (Zero).
12         When tenders are invited in two stage system and if it is desired to submit
           revised financial bid then it shall be mandatory to submit revised financial
           bid, if not submitted then the tender submitted earlier shall become invalid.
13         Contractors who fulfil the following requirements shall be eligible to
           apply. (Joint ventures are not accepted)
i)         The product offered must be approved by FIH for international hockey
           competetions and approval should have the validity at least upto six months
           beyond the last date of receipt of tender.
ii)        For SAG Centre, NEHU Campus, Shillong location, the technical bid and
           accordingly Financial bid shall be submitted by the tenderer for only one of
           their FIH approved products, which the tenderer considers appropriate
           considering the climatic conditions of the place and serviceable life of at least
           7 years.



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iii)   The trade name of the product offered shall be written in full and the same
       shall tally exactly with what is written in FIH approval certificate, laboratory’s
       test report and client’s certificate (if any).
iv)    Only such certificates (of FIH and FIH accredited laboratory) shall be
       accepted which is for the product as per it is current trade name. In case any
       of these certificate is for the product indicating it’s earlier trade name, the
       same shall not be accepted and technical bid with such certificate shall be
       summarily rejected.
v)     The successful bidder has to get registered with Meghalaya sales tax /VAT, if
       the same is not available and submit a copy of the same along with the
       Performance Guarantee.
    14 Sample of the product offered in technical bid shall be submitted in on other
       envelop marked as “SAMPLE” and placed in the main envelop to be
       submitted to the executive engineer along with other documents.
    15 Copy of certificates as mentioned at Sl. No. 13 above shall be scanned and
       uploaded to the e-tendering website within the period of tender submission
       and certified copy of each shall be deposited in a separate envelope marked
       as “ Eligibility Document”.
       Both the envelope shall be placed in another envelope with due mention of
       Name of work, date & time of opening of tenders and to be submitted in the
       office of the Executive Engineer during the period mentioned above.

          Another Envelope with Technical bid Part-II written on top of the envelope
          shall contain requisite number of samples of the product offered and quoted
          for in the size of (300mm x 300mm) each with an inextricable sticker on their
          back with the full trade name of product and name of the firm written thereon
          and duly signed by their authorize signatory. The numbers of samples for
          which the product as offered and quoted for shall be three for which the
          particular product has been offered.
          Online tender documents submitted by intending bidders shall be opened only
          of those bidders, whose Earnest Money Deposit, Cost of Tender Document
          and e-Tender Processing Fee and other documents placed in the envelope
          are found in order.
       16 Trade name of the product for which rate has been quoted for item No.30
          shall also be written in full in Col.5 of the Schedule of Quantities and it shall
          be ensured that the same is in consonance with the offer made as per
          technical bid document, otherwise the financial bid may be rejected. “
          However, if the tenderer has offer only one product for the location, it is not
          mandatory to write the trade name of the product in column No. 5 against
          item No.30 of the schedule of quantities”.
       17 The technical bid shall be opened first on due date and time as mentioned in
          annexure 20 A 5.2. The time and date of opening of financial bid of
          contractors qualifying the technical bid shall be communicated to them at a
          later date.
       18 Pre tender Conference shall be held in the chamber of Chief Engineer, NEZ
          Shillong on 08.11.2011 at 11:30 AM to clear the doubt of intending tenderers,
          if any.




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List of Documents to be scanned and uploaded within the period of bid
   submission:
   a. Treasury Challan/ Demand Draft/Pay order or Banker`s Cheque /Deposit at
       Call Receipt/FDR/Bank Guarantee of any Scheduled Bank against EMD.
   b. Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank
       towards cost of bid Document.
   c. Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank
       towards cost of Processing Fee.
   d. Signed copy of undertaking for signing of integrity pact as available in page
       No.30 of the tender document by the intending bidders.
   e. The product approval certificate from FIH, indicating its validity period.
   f. The trade name of the product offered in full and the same shall tally exactly
     with what is written in FIH approval certificate, laboratory’s test report and client’s
     certificate (if any).
     g. Letter of submittal containing the following details:-
             • Name & Full address of the tenderer.
             • Telephone, e-mail & fax No. of the tenderer.
             • Name, address, contact No. (Tel, e-mail, fax) of the person who holds power
                 of attorney if any.
             • Name, address, contact No. (Tel, e-mail, fax) of their Indian representative, if
                 any.
             • Original or attested photo copy of power of attorney, if any.
             • Compliance to Appendix-II of page no 14 shall be submitted in the form of
                 laboratory test reports and if the test report doesn’t mention any of the
                 parameters listed in appendix-II, the compliance to that extent shall be
                 submitted in the form of a letter that ‘these parameters will be achieved with
                 this product’ duly signed by the manufacturer or authorised representative
             • The trade name of the product, including the details of ingredients
                 which will have to be brought to site for construction of cast-in-situ
                 shock pad, if the synthetic surface offered is to be laid over cast-in-situ
                 pad at SAG Centre, NEHU Campus, Shillong, Meghalaya, in the
                 tabulated form as given below:-
  Sl.No Trade name of              Details of ingredients and their quantity required for
             the product        construction of cast-in-situ shock pad and Global Category
                                                 Synthetic Hockey Surface
  1.
j.      The original or self attested photo copy of FIH’s approval certificate for the
        product offered, indicating the validity period respectively thereof.
k.      The original or self attested photo copy of the latest Test Report from FIH
        accredited test laboratory for the product offered, containing test values vis-a-
        vis the performance standards as laid down for Global Category Synthetic
        Hockey Surfaces.
L.      English version of the documents, which are not in English, duly authenticated
        by the authority who had issued the originals,




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NOTE :- i) Self attestation means attestation by the authorised signatory of the
         manufacturer/ FIH approved manufacturer himself .
          ii) Wherever the authorised signatory signs the tender documents/ any
         documents being attached signature shall be on behalf of approved
         manufacturer and shall use the letter head/ stamp of the approved
         manufacturer only. As otherwise the tender shall be liable to be rejected.




APPENDIX – I


            LIST OF EXECUTIVE ENGINEER (ENGINEER-IN-CHARGE)


Sl.  LOCATION OF      NAME OF THE                POSTAL        FAX NO.            E-MAIL
No     THE WORK         DIVISION                ADDRESS
1. SAG        Centre, Meghalaya                   Cleve’s      +9136422    mgcdcpwdshg11
    NEHU     Campus, Central Division            Colony,        23533       @yahoo.com
    Shillong                                    Dhankheti,
                                                 Shillong
                                                  793003




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APPENDIX – II

        PERFORMANCE STANDARDS FOR GLOBAL FIH COMPETITIONS
Sl.         Parameters             Performance Standards for Global FIH
No                                            competitions
1.    Trade Name of the Should be on FIH approved list
      product
2.    Surface (unfilled/filled) Unfilled
3.    Predictable playability       Yes
4.    Ball rebound(vertical         Average 100mm-250mm. Field test maximum
                                    deviation from Average:20%
5.    Ball roll                     9m-15m(+10% of average) maximum deviation
                                    3 degrees
6.    Underfoot friction            Co-efficient of friction 0.6 – 1.0 (+ 0.1 from
                                    average)
7.    Ball to surface friction      Static 0.50 minimum, Dynamic 0.35 minimum
8.    Impact Response               40-65 per cent (+5 percent deviation)
9.    Pile/Pad deformation          Not less than 40 percent
10.   Colour                        Defined range of ‘Green” plus uniformity
11.   Gloss                         Max. 15 Percent when wet.
12    Pitch porosity                To allow vertical drainage of water at a rate
                                    greater than equivalent of 150mm per hr.




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CPWD-8

                               GOVERNMENT OF INDIA

                     CENTRAL PUBLIC WORKS DEPARTMENT

STATE              Meghalaya                                       CIRCLE         : SE(P)
BRANCH             B&R                                             DIVISION       : MgCD
ZONE               NEZ                                             SUB-DIVN.      : SCSD-I


                     Item Rate Tender & Contract for Works

Tender for the work of: - Providing and laying Global Category Synthetic Hockey
Surface at SAG Centre, NEHU Campus, Shillong.


       (i)     To be uploaded on line by 15:00 hours on 14.11.2011 on web site
               tenderwizard.com/cpwd to Executive Engineer, MgCD, CPWD, Shillong.

        (ii) Last date and time of submission of copy of registration certificate, tender
cost,        Earnest Money Deposit, Tender processing fee and Technical Bids (In
physical            form) in the office of the Executive Engineer, Meghalaya Central
Division,CPWD,             Meghalaya by 15.30 hours on dated 15.11.2011

       (iii)   Eligibility Bids to be opened in presence of bidders who may be present at
               16:00 hours on dated 15.11.2011 in the office of Executive Engineer,
               Meghalaya Central Division, CPWD, Shillong.

       (iv)    Financial Bids to be opened in presence of qualified/approved bidders
               who may be present at 16:00 hours on dated 21.11.2011 in the office
of             Executive Engineer, Meghalaya Central Division, CPWD, Shillong.




Designation: Executive Engineer, Meghalaya Central Division, CPWD, Shillong.




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TENDER
l/We have read and examined the notice inviting tender, schedule, A, B, C, D, E & F
Specifications applicable, Drawings & Designs, General Rules and Directions, Conditions of
contract, clauses of contract, Special conditions, Schedule of Rate & other documents and
Rules referred to in the conditions of contract and all other contents in the tender
document for the work.
I / We hereby tender for the execution of the work specified for the President of India within
the time specified in Schedule ‘F’ viz., schedule of quantities and in accordance in all
respects with the specifications, designs, drawings and instructions in writing referred to in
Rule-1 of General Rules and Directions and in Clause-11 of the Conditions of contract and
with such materials as are provided for, by, and in respects in accordance with, such
conditions so far as applicable.
I/We agree to keep the tender open for ninety (90) days from the date of opening of
financial bid and not to make any modifications in its terms and conditions.
A sum of Rs. 530952.00             is hereby forwarded in the form of Receipt Treasury
Challan/Deposit at call Receipt of a Scheduled Bank / Fixed deposit receipt of a Scheduled
Bank/Demand Draft of a Scheduled Bank / bank guarantee issued by a scheduled bank as
Earnest Money. If I/We fail to furnish the prescribed performance guarantee within
prescribed period, I/We agree that the said President of India or his successors in office
shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest
money absolutely. Further, if I/We fail to commence work as specified, I/We agree that
President of India or his successors in office shall without prejudice to any other right or
remedy available in law, be at liberty to forfeit the said earnest money and the performance
guarantee absolutely, otherwise the said earnest money shall be retained by him towards
security deposit to execute all the works referred to in the tender documents upon the
terms and conditions contained or referred to therein and to carry out such deviations as
may be ordered, up to maximum of the percentage mentioned in Schedule ‘F’ and those in
excess of that limit at the rates to be determined in accordance with the provision contained
in Clause 12.2 and 12.3 of the tender form. Further, I/We agree that in case of forfeiture of
earnest money or both Earnest Money & Performance Guarantee as aforesaid, I/We shall be
debarred for participation in the re-tendering process of the work.
I/We undertake and confirm that eligible similar work(s) has/have not been got executed
through another contractor on back to back basis. Further that, if such a violation comes to
notice of department, then I shall be debarred for tendering in CPWD in future for ever.
Also, if such a violation comes to the notice of the department before date of start of work,
the Engineer-in-Charge shall be free to forfeit the entire earnest money
deposit/Performance Guarantee.
I/We hereby declare that I/We shall treat the tender documents drawings and other records
connected with the work as secret/confidential documents and shall not communicate
information/derived there from to any person other than a person to whom I/We am/are
authorized to communicate the same or use the information in any manner prejudicial to
the safety of the State.

Dated, …………….                   .                          Signature of Contractor

Witness
                                                           Postal Address
Address:
Occupation:

** To be filled by Contractor




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ACCEPTANCE


The above tender (as modified by you as provided in the letters mentioned
hereunder) is accepted by me for and on behalf of the President of India for a sum
of Rs…………………………

(Rupees……………………………..……………………………………………..……………)



The letters referred to below shall form part of this contract Agreement: -

*
*
*



                                            For & on behalf of the President of India.



                                                           Signature
Dated:                                                    Designation:




* To be filled in by EE




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PROFORMA OF SCHEDULES
SCHEDULE ‘A’
Schedule of quantities of Part C from Page No 78 to 83

SCHEDULE ‘B’

Schedule of materials to be issued to the contractor

Sl.         Description of item     Quantity        Rates in figures & words of            Place of issue
No.                                                 Which the material will be
                                                    Charged to the contractor
  1.                      2                  3                           4                                5

---------------------------------------------------Nil----------------------------------------------------


SCHEDULE ‘C’
Tools and plants to be hired to the contractor.

   Sl. No.                        Description            Hire charges per day            Place of issue

       1.                              2.                           3.                          4.

…………………………………………………..NIL…………………………………………………


SCHEDULE ‘D’
Extra schedule for specific : General Conditions, additional Conditions and
Requirements/documents documents for the work, if any, specifications, etc
for the work, if any:        attached herewith vide Part B from page No.38 to 76

SCHEDULE ‘E’
Reference to General              : General Condition of contract Conditions of Contract
2010                                with correction slips up to 23.05.2011

Name of work: -          Providing and laying Global Category Synthetic Hockey
                         Surface at SAG Centre, NEHU Campus, Shillong.

Estimated cost of work                  =        Rs. 265,47,609.00


1) Earnest money:                       =        Rs.     5,30,952.00
2) PerformanceGuarantee                 =        5 % of tendered value.
3) Security Deposit                     =        5 % of tendered value.




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SCHEDULE ‘F’

GENERAL RULES & DIRECTIONS:
Officer inviting tender                                      Executive Engineer,
                                                          Meghalaya Central Division,
                                                               CPWD, Shillong.

Maximum percentage for quantity of items                   See below
of work to be executed beyond which
rates are to be determined in accordance
with Clauses 12.2 & 12.3

Definition:

2(v) Engineer-in-Charge                                     Executive Engineer
                                                          Meghalaya Central Division,
                                                             CPWD, Shillong.

2 (viii) Accepting Authority                                Chief Engineer, NEZ,
                                                             CPWD, Shillong.
2 (x) Percentage on cost of material and
     labour to cover all overheads and                              15%
     profits.

2 (xi) Standard Schedule of Rates           DSR 2007 with Amendments/correction
                                            slips Issued up to 25.07.2011.

2(xii) Department                           Central Public Works Department.

9(ii) Standard CPWD contract Form            CPWD form 8 (publication 2010) as
                                             modified and corrected with
                                             Amendments issued up to 23.05.2011
Clause 1

i)Time allowed for submission of Performance
Guarantee from the date of issue of letter of                             15 days
Acceptance.

ii) Maximum allowable extension beyond the period
provided in (i) above.                                                    7 days

Clause 2
Authority for fixing Compensation                     SUPERINTENDING ENGINEER (P),
under clause-2                                            NEZ, CPWD, Shillong.

Clause 2A
Whether Clause 2A shall be applicable                         Yes

Clause 5
Number of days from the date of issue of letter
of acceptance for reckoning date of start.                  15 days

Mile stone(s) as per table given below.




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Sl.                                                                Time allowed      Amount         to     be
No.    Description of Mile stone(s) (Physical)                     in         days   withheld in case of
                                                                   (From      date   non achievement
                                                                   of start).        of mile stone(s).
1.     Earthwork and cement concrete including CC drain and        30 days           In the event of not
       RCC base of water tank                                                        achieving            the
2.     Complete under ground water tank                            60 days           necessary       physical
       Complete brickwork of pump house                                              milestone, 1.00% of
       Laying of sprinkler network                                                   the tendered value of
       Pump house complete                                     90 Days               work will be withheld
3.                                                                                   for failure in achieving
       Chain link fencing complete                                                   each        mile stone
       Foot path along drain complete                                                subject to a maximum
       Getting the mix design result for DBC                                         amount of 5%
4.     All items except Global Synthetic Hockey Turff complete 100 Days
5.     Completion of Work including laying Global Synthetic 150 Days
       Hockey Turff complete in all respect

Time allowed for execution of work                             150 days
Authority to decide:
(i) Extension of time                       EE, MgCD, CPWD, Shillong.

(ii) Rescheduling of mile stones      Superintending Engineer (P), NEZ, CPWD, Shillong

Clause 6, 6A
Clause applicable – (6 or 6A)                                   Clause 6A applicable

Clause 7
Gross work to be done together with net payment/           Rs. 35.00 lakhs or as mutually
adjustment of Advances for material collected,             agreed by both parties.
if any, since the last such payment for being
eligible to interim payment.

Clause 10A
List of testing equipment to be provided by the contractor at site lab.
1. Concrete testing hammer.
2. Slump cone with tamping rod and non-absorbent platform.
3. Glass measuring cylinder.
4. Weighing balance with required brass and iron weight.
5. Brass and metal sieve of required size for testing coarse and fine aggregate.
6. Cube moulds of 15x15x15 cm size.
7. Moisture meter.

Clause 10B (ii)
Whether Clause 10B (ii) shall be applicable           :                 Yes

Clause 10 C
Component of labour expressed as
percentage of value of work                               =              25 %

Clause 10 CA
Clause 10 CA              Nearest materials (other than Base      price of all
Materials Covered         cement, reinforcement bars materials covered under
under this clause :       and structural steel) for which Clause 10CA*
                          All India Whole Sale Price Index
                          to be followed.

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1. Cement (O.P.C.)       1. NIL                                 Rs. 5,400/- per MT
   2.    Reinforcement 2. NIL                                      Rs. 48,100/- per MT
   steel  bars   (TMT)
   Primary producers

   CLAUSE 10 CC                                          :     Not Applicable

   Clause 11
   Specifications to be followed for execution of work :-
                                                  As per model documents of CSO,
                                                  CPWD as enclosed on page 64 to
                                                  page 76 and C.P.W.D. Specifications
                                                  2009 Vol. – I & II with up to date
                                                  correction slips upto date and
                                                  general conditions and Additional
                                                  specifications as attached in PART
                                                  B & C of the NIT except for items No.
                                                     30 for which FIH requirements for
                                                     Global Competition for “Providing and
                                                     Synthetic Hockey Surface”

   Clause 12
   Deviation limit beyond which clause
   12.2 & 12.3 shall apply for building work                   30% (Thirty percent)

   Deviation limit beyond which clause
   12.2 and 12.3 shall apply for foundation work             100% (one hundred percent).

   Clause 16
   Competent Authority for deciding                          Superintending Engineer (P),
   reduced rates.                                            NEZ, CPWD, Shillong.

   Clauses 18 List of mandatory machinery, tools & plants to be deployed by the
   contractor at site:-

1. Steel shuttering (for foundation – 200sqm, for beams 200sqm, for column 100
sqm & for slab 200sqm)
2. Steel scaffolding with adjustable flexi jack on top for 200 cum space.
3. Concrete mixture machine of full bag cement capacity.
4. Needle type vibrator (40mm) – at least 2 nos.
5. Water pump set for curing




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Clause 19

Add after Para 2 of Clause 19 at Page 38 of GCC 2008.
        For this purpose, as laid down in Rule 4(3) of the Building and other Construction
Workers Welfare Cess Rule 1998, the contractor shall have to pay Cess @ 1% of the gross
value of work done by him, which shall be recovered from each running bill including final bill
of the work by the Engineer-in-charge. The amount so deducted shall be transferred to the
Meghalaya Building and other Construction Workers Welfare Board or any other designated
office.
Clause 25 - Constitution of Dispute Redressal Committee:
For total claims more than Rs. 25 lac.
Chairman – Chief Engineer (EZ-I), CPWD, Kolkata
Member – Superintending Engineer (TLCQA), CPWD, Kolkata.
Member – Superintending Engineer (P), NEZ, CPWD, Shillong

For total claims upto Rs. 25 lac.
Chairman – Superintending Engineer (TLCQA), CPWD, Kolkata.
Member – Executive Engineer (P), NEZ, CPWD, Shillong
Member – Executive Engineer, IIM Project Division, CPWD, Shillong
Member – Executive Engineer, Meghalaya Central Division, CPWD, Shillong

Clause 36(i) :-Requirement of Technical Representative(s) and recovery rate.

Sl.   Minimum                          Designation       Minimum      Nos.       Rate at which recovery
No    Qualification of                 (Principal        experience              shall be made from the
                          Discipline




      Technical                        Technical/                                contractor in the event
      representative                   Technical                                 of not fulfilling provision
                                       representative                            of Clause 36(i)
                                                                                 Figures         Words
1                                                                                                Rupees
      Graduate                         Principal         A                       Rs. 20,000/-    Twenty
      Engineer                                                     1(One)        Each Per        thousand
                                       Technical         Technical
                                                                   No.           month           each per
                                       representative    expert
                                                         who has                                 month
                                                         experienc
                                                         e of
                                                         having
                                                         executed
                                                         at least
                          Civil




                                                         one
                                                         similar
                                                         work
                                                         successf
                                                         ully




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2.    Graduate                                        Nil for                                 Rupees
      Engineer                                        Graduate                 Rs. 15,000/-   Fifteen
      Or                            Technical         Engineer      1(One)     Each Per       thousand




                            Civil
      Diploma                       representative    OR 5          No.        month          each per
      Engineer                                        years for                               month
                                                      Diploma
                                                      Engineer

Assistant Engineers retired from Government services that are holding Diploma will
be treated at par with Graduate Engineers.

Clause 42
i)    a) Schedule/statement for determining                DSR 2007 with up to date
      theoretical quantity of cement and                   amendments and as per
      bitumen on the basis of Delhi schedule               additional specifications
      of Rate printed by CPWD                               attached in the NIT.


ii)    Variations permissible on theoretical quantities
       a) Cement
          For works with estimated cost put to        2% plus/minus.
          tender more than Rs.5 lakhs.
       b) Bitumen for all works.                                 2.5% plus only &
                                                                 Nil on minus side

       c)     Steel Reinforcement and structural steel
              sections for each diameter, section and            2% plus / minus.
              Category.

       d)     All other materials                                NIL


      RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION

Sl.         Description of item          Rates in figures and words at which recovery
No.                                      Shall be made from the Contractor.
                                         Excess beyond           Less use beyond the
                                         Permissible Variation. Permissible variation.

1           Cement                                   NIL                     Not Permitted
2           Steel Reinforcement                      NIL                     Not Permitted
3           Structural Section                       NIL                     Not Permitted
4           Bitumen issued free                      NIL                     Not Permitted
5           Bitumen issued at                        NIL                     Not Permitted
            stipulated fixed price




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EE(P)-I
FORM OF PERFORMANCE SECURITY (GUARANTEE)
                        BANK GUARANTEE BOND

1.     In consideration of the President of India (hereinafter called "the
       Government") having offered to accept     the terms and conditions of the
       proposed                                                         agreement
       between………………………………………and…...…..……………………………..
       (herein    after  called   "the   said   contractor(s)")  for  the    work
       ……………………………………………………………………………. (herein after
       called "the said agreement') having agreed, to production of an irrevocable
       Bank                Guarantee              for              Rs………………..
       (Rupees………………………………………..only) as a security/ guarantee from
       the contractor(s) for compliance of his obligations in accordance with the
       terms and conditions in the said agreement.
       We ………………………………………………(hereinafter referred to as "as
                   (indicate the name of Bank)
       Bank") hereby undertake to pay to the Government an amount not
       exceeding Rs……………. (Rupees………………………………………….only)
       on demand by the Government.

2.     We …………………………………………………………………………..do hereby
                   (indicate the name of Bank)

       undertake to pay the amounts due and payable under this Guarantee
       without any demure, merely on a demand from the Government stating that
       the amount claimed is required to meet the recoveries due or likely to be due
       from the said contractor (s). 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……………………………(Rupees……………………………………………only)

3.     We, the said bank further undertake to pay the Government any money so
       demand notwithstanding any dispute or disputes raised by the contractor(s)
       in any suit or proceeding pending before any court or Tribunal relating
       thereto, our liability under this present being absolute and unequivocal.
       The payment so made by us under this bond shall be a valid discharge of
       our liability for payment thereunder and the contractor(s) shall have no
       claim against us for making such payment.

4.     We ……………………………………………………………….further agree that
                (indicate the name of the Bank)

       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
       Government under or by virtue of the said Agreement have been fully paid
       and its claim satisfied or discharged or till Engineer-in-Charge on behalf of
       the Government certifies that the terms and conditions of the said
       Agreement have been fully and properly carried out by the said contractor(s)
       accordingly discharges this guarantee.



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EE(P)-I
5.     We…………………………………………………………………. further agree with
                  (indicate the name of Bank)

       the Government that the Government 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 contractor(s) from time to time or to
       postpone for any time or from time to time any of the powers exercisable by
       the Government against the said contractor(s) and to forebear or enforce any
       of the terms and conditions relating to the said agreement and we shall not
       be relieved from our liability by reason of any such variation, or extension
       being granted to the said contractor(s) or for any forbearance, act of
       omission on the part of the Government or any indulgence by the
       Government 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.

6.     This guarantee will not be discharged due to the change in the constitution
       of the Bank or the contractor(s).

7.     We    ………………………………………………………………lastly undertake
                     (indicate the name of bank)

       not to revoke this guarantee except with the previous consent of the
       Government in writing.

8.     This             guarantee              shall             be           valid
       upto………………………………………………..unless extended on demand by
       Government. Notwithstanding any thing mentioned above, our liability
       against      this       Guarantee        is      restricted     to      Rs.
       ……………………(Rupees………………………………………………………only) and
       unless a claim in writing is lodged with us within six months of the date of
       expiry or the extended date of expiry of this guarantee, all our liabilities
       under this guarantee, shall stand discharged.




                                         Dated, the …………Day of…..………………. .

                                              For………………………………………………
                                                 (indicate the name of the Bank)




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Form of Earnest Money Deposit
                                                 Bank Guarantee Bond

WHEREAS, contractor.................. (Name of contractor) (hereinafter called "the contractor") has
submitted his tender dated ............. (date) for the construction of .............................................. (name
of work) (hereinafter called "the Tender")

KNOW ALL PEOPLE by these presents that we ........................................ (name of bank) having our
registered office at ................................... (hereinafter called "the Bank") are bound unto
................................................... (Name and division of Executive Engineer) (hereinafter called "the
Engineer-in-Charge") in the sum of Rs. ......................... (Rs. in words .................................................)
for which payment well and truly to be made to the said Engineer-in-Charge the Bank binds itself, his
successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this ................. day of ................. 20... .

THE CONDITIONS of this obligation are:
(1) If after tender opening the Contractor withdraws, his tender during the period of validity of tender
including extended validity of tender) specified in the Form of Tender;

(2) If the contractor having been notified of the acceptance of his tender by the Engineer-in-Charge:

(a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to
contractor, if required;
OR
(b) fails or refuses to furnish the Performance Guarantee, in accordance with the provisions of tender
document and Instructions to contractor,
OR
(c) fails or refuses to start the work, in accordance with the provisions of the contract and Instructions
to contractor,
OR
(d) fails or refuses to submit fresh Bank Guarantee of an equal amount of this Bank Guarantee,
against Security Deposit after award of contract.

We undertake to pay to the Engineer-in-Charge up to the above amount upon receipt of his first
written demand, without the Engineer-in-Charge having to substantiates his demand, provided that in
his demand the Engineer-in-Charge will note that the amount claimed by his is due to him owing to
the occurrence of one or any of the above conditions, specifying the occurred condition or conditions.

This Guarantee will remain in force up to and including the date* ............. after the deadline for
submission of tender as such deadline is stated in the Instructions to contractor or as it may be
extended by the Engineer-in- Charge, notice of which extension(s) to the Bank is hereby waived. Any
demand in respect of this Guarantee should reach the Bank not later than the above date.


DATE .............                                                      SIGNATURE OF THE BANK

WITNESS ..................                                                        SEAL
(SIGNATURE, NAME AND ADDRESS)

*Date to be worked out on the basis of validity period of 6 months from last date of receipt of
tender.




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EE(P)-I
OFFICE MEMORANDUM
                               No.DGW/CON/255
             ISSUED BY AUTHORITY OF DIRECTOR GENERAL OF WORKS
NIRMAN BHAWAN, NEW DELHI                                        DATED: 23.05.2011
Subject: Introduction of Integrity Pact and Dispute Resolution Committee under
Clause 25 in GCC 2010.
1. Introduction of Integrity Pact:
A new provision of Integrity Pact (copy enclosed) has been introduced in the GCC 2010. At
the time of submission of tender/bid, it shall be mandatory to sign the Pact by the
bidder/contractor failing which the tenderer/bidder will stand disqualified from the tendering
process and the bid of the bidder would be summarily rejected.
2. Following provisions of CPWD Works Manual 2010 are modified:
Reference Existing Provision                           Modified Provision
CPWD -       No Provision                              Following new Para is added:
7/8                                                    Clause 25 -
Schedule -                                             Constitution of Dispute Redressal
F                                                      Committee:
                                                       Chairman -
                                                       Member -
                                                       Member -
Clause 3     If the contractor shall obtain a contract If the contractor had secured the
(vii)        with Government as a result of wrong contract with Government as a result of
             tendering or other non-bonafide wrong tendering or other non-bonafide
             methods of competitive tendering.         methods of competitive tendering or
                                                       commits       breach     of     Integrity
                                                       Agreement.
Clause       If the contractor considers any work If the contractor considers any work
25(i)        demanded of him to be outside the demanded of him to be outside the
             requirements of the contract, or requirements of the contract, or disputes
             disputes any drawings, record or any drawings, record or decision given in
             decision given in writing by the writing by the Engineer-in-Charge on
             Engineer in-Charge on any matter in any matter in connection with or arising
             connection with or arising out of the out of the contract or carrying out of the
             contract or carrying out of the work, to work, to be unacceptable, he shall
             be unacceptable, he shall promptly promptly within 15 days request the
             within     15     days    request     the Superintending Engineer in writing for
             Superintending Engineer in writing for written       instruction    or    decision.
             written     instruction   or    decision. Thereupon, the Superintending Engineer
             Thereupon,        the    Superintending shall give his written instructions or
             Engineer shall give his written decision within a period of one month
             instructions or decision within a period from the receipt of the contractor’s letter.
             of one month from the receipt of the
             contractor’s letter.

             If the Superintending Engineer fails to     If the Superintending Engineer fails to
             give his instructions or decision in        give his instructions or decision in writing
             writing within the aforesaid period or if   within the aforesaid period or if the




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EE(P)-I
the contractor is dissatisfied with the    contractor is dissatisfied with the
            instructions or decision of the             instructions     or   decision      of    the
            Superintending        Engineer,       the   Superintending Engineer, the contractor
            contractor may, within 15 days of the       may, within 15 days of the receipt of
            receipt of Superintending Engineer’s        Superintending Engineer’s decision,
            decision, appeal to the Chief Engineer      appeal to the Chief Engineer who shall
            who shall afford an opportunity to the      afford an opportunity to the contractor to
            contractor to be heard, if the latter so    be heard, if the latter so desires, and to
            desires, and to offer evidence in           offer evidence in support of his appeal.
            support of his appeal. The Chief            The Chief Engineer shall give his
            Engineer shall give his decision within     decision within 30 days of receipt of
            30 days of receipt of contractor’s          contractor’s appeal. If the contractor is
            appeal. If the contractor is dissatisfied   dissatisfied with the decision of the Chief
            with this decision, the contractor shall    Engineer, the contractor may within 30
            within a period of 30 days from receipt     days from the receipt of the Chief
            of the decision, give notice to the         Engineer decision, appeal before the
            Chief Engineer for appointment of           Dispute Redressal Committee (DRC)
            arbitrator on prescribed proforma as        along with a list of disputes with
            per Appendix XV, failing which the          amounts claimed in respect of each
            said decision shall be final binding        such dispute and giving reference to
            and conclusive and not referable to         the rejection of his disputes by the
            adjudication by the arbitrator.             Chief      Engineer.      The       Dispute
                                                        Redressal Committee (DRC) shall
                                                        give his decision within a period of 90
                                                        days from the receipt of Contractor’s
                                                        appeal. The constitution of Dispute
                                                        Redressal Committee (DRC) shall be
                                                        as indicated in Schedule ‘F’. If the
                                                        Dispute Redressal Committee (DRC)
                                                        fails to give his decision within the
                                                        aforesaid period or any party is
                                                        dissatisfied with the decision of
                                                        Dispute Redressal Committee (DRC),
                                                        then either party may within a period
                                                        of 30 days from the receipt of the
                                                        decision      of    Dispute     Redressal
                                                        Committee (DRC), give notice to the
                                                        Chief Engineer for appointment of
                                                        arbitrator on prescribed proforma as per
                                                        Appendix XV, failing which the said
                                                        decision shall be final binding and
                                                        conclusive and not referable to
                                                        adjudication by the arbitrator. It is a term
                                                        of contract that each party invoking
                                                        arbitration must exhaust the aforesaid
                                                        mechanism of settlement of claims/
                                                        disputes prior to invoking arbitration.


                                                                                ---Sd---
                                                               Superintending Engineer (C&M)




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EE(P)-I
To,
       Intending Bidders,
       ………………………..,
       ………………………..

Sub: NIT No. …………………………………. for the work ……………...................


Dear Sir,

        It is here by declared that CPWD is committed to follow the principle of transparency,
equity and competitiveness in public procurement.

        The subject Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that the Bidder will sign the integrity Agreement, which is an integral part of
tender/bid documents, failing which the tenderer/bidder will stand disqualified from the
tendering process and the bid of the bidder would be summarily rejected.

        This declaration shall form part and parcel of the Integrity Agreement and signing of
the same shall be deemed as acceptance and signing of the Integrity Agreement on behalf
of the CPWD.


                                                                  Yours faithfully



                                                                  Executive Engineer




To,

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EE(P)-I
Executive Engineer,
       ………………………..,
       ………………………..

Sub: Submission of Tender for the work of ………………………....……………....


Dear Sir,

      I/We acknowledge that CPWD is committed to follow the principles thereof as
enumerated in the Integrity Agreement enclosed with the tender/bid document.

        I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the
condition that I/We will sign the enclosed integrity Agreement, which is an integral part of
tender documents, failing which I/We will stand disqualified from the tendering process. I/We
acknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS AN
UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.

        I/We confirm acceptance and compliance with the Integrity Agreement in letter and
spirit and further agree that execution of the said Integrity Agreement shall be separate and
distinct from the main contract, which will come into existence when tender/bid is finally
accepted by CPWD. I/We acknowledge and accept the duration of the Integrity Agreement,
which shall be in the line with Article 1 of the enclosed Integrity Agreement.

        I/We acknowledge that in the event of my/our failure to sign and accept the Integrity
Agreement, while submitting the tender/bid, CPWD shall have unqualified, absolute and
unfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance with
terms and conditions of the tender/bid.

Yours faithfully


(Duly authorized signatory of the Bidder)




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EE(P)-I
To be signed by the bidder and same signatory competent / authorised to sign
                  the relevant contract on behalf of CPWD.

                                              INTEGRITY AGREEMENT

This Integrity Agreement is made at ............... on this ........... day of
..................20......

                                                          BETWEEN

President            of              India     represented                                     through                 Executive
Engineer,.................................,…………….
                                                                                                     (Name of Division)
CPWD,          ............................................................................................,(Hereinafter
referred as the
                                  (Address of Division)
‘Principal/Owner’, which expression shall unless repugnant to the meaning or
context hereof include its successors and permitted assigns)

                                                               AND

.......................................................................................................................................
...............
                                           (Name and Address of the Individual/firm/Company)
through ........................................................................................ (Hereinafter referred
to as the
                              (Details of duly authorized signatory)
“Bidder/Contractor” and which expression shall unless repugnant to the meaning or
context hereof include its successors and permitted assigns)

Preamble

WHEREAS the Principal / Owner has floated the Tender (NIT No.
...............................................) (hereinafter referred to as “Tender/Bid”) and intends
to award, under laid down organizational procedure, contract for
................................................................................................................................
                                                              (Name of work)
hereinafter referred to as the “Contract”.

AND WHEREAS the Principal/Owner values full compliance with all relevant laws of
the land, rules, regulations, economic use of resources and of fairness/transparency
in its relation with its Bidder(s) and Contractor(s).

AND WHEREAS to meet the purpose aforesaid both the parties have agreed to
enter into this Integrity Agreement (hereinafter referred to as “Integrity Pact” or
“Pact”), the terms and conditions of which shall also be read as integral part and
parcel of the Tender/Bid documents and Contract between the parties.




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EE(P)-I
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact,
the parties hereby agree as follows and this Pact witnesses as under:


Article 1: Commitment of the Principal/Owner

1)     The Principal/Owner commits itself to take all measures necessary to prevent
       corruption and to observe the following principles:

       (a)    No employee of the Principal/Owner, personally or through any of
              his/her family members, will in connection with the Tender, or the
              execution of the Contract, demand, take a promise for or accept, for
              self or third person, any material or
              immaterial benefit which the person is not legally entitled to.

       (b)    The Principal/Owner will, during the Tender process, treat all Bidder(s)
              with equity and reason. The Principal/Owner will, in particular, before
              and during the Tender process, provide to all Bidder(s) the same
              information and will not provide to any Bidder(s) confidential / additional
              information through which the Bidder(s) could obtain an advantage in
              relation to the Tender process or the Contract execution.

       (c)    The Principal/Owner shall endeavour to exclude from the Tender
              process any person, whose conduct in the past has been of biased
              nature.

2)     If the Principal/Owner obtains information on the conduct of any of its
       employees which is a criminal offence under the Indian Penal code
       (IPC)/Prevention of Corruption Act, 1988 (PC Act) or is in violation of the
       principles herein mentioned or if there be a substantive suspicion in this
       regard, the Principal/Owner will inform the Chief Vigilance Officer and in
       addition can also initiate disciplinary actions as per its internal laid down
       policies and procedures.


Article 2: Commitment of the Bidder(s)/Contractor(s)

1)     It is required that each Bidder/Contractor (including their respective officers,
       employees and agents) adhere to the highest ethical standards, and report to
       the Government / Department all suspected acts of fraud or corruption or
       Coercion or Collusion of which it has knowledge or becomes aware, during
       the tendering process and throughout the negotiation or award of a contract.

2)     The Bidder(s)/Contractor(s) commits himself to take all measures necessary
       to prevent corruption. He commits himself to observe the following principles
       during his participation in the Tender process and during the Contract
       execution:




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EE(P)-I
a)     The Bidder(s)/Contractor(s) will not, directly or through any other
              person or firm, offer, promise or give to any of the Principal/Owner’s
              employees involved in the Tender process or execution of the Contract
              or to any third person any material or
              other benefit which he/she is not legally entitled to, in order to obtain in
              exchange any advantage of any kind whatsoever during the Tender
              process or during the execution of the Contract.

       b)     The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any
              undisclosed agreement or understanding, whether formal or informal.
              This applies in particular to prices, specifications, certifications,
              subsidiary contracts, submission or non-submission of bids or any
              other actions to restrict competitiveness or to cartelize in the bidding
              process.

       c)     The Bidder(s)/Contractor(s) will not commit any offence under the
              relevant IPC/PC Act. Further the Bidder(s)/Contract(s) will not use
              improperly, (for the purpose of competition or personal gain), or pass
              on to others, any information or documents provided by the
              Principal/Owner as part of the business relationship, regarding plans,
              technical proposals and business details, including information
              contained or transmitted electronically.

       d)     The Bidder(s)/Contractor(s) of foreign origin shall disclose the names
              and addresses of agents/representatives in India, if any. Similarly
              Bidder(s)/ Contractor(s) of Indian Nationality shall disclose names and
              addresses of foreign agents/representatives, if any. Either the Indian
              agent on behalf of the foreign principal or the foreign principal directly
              could bid in a tender but not both. Further, in cases where an agent
              participate in a tender on behalf of one manufacturer, he shall not be
              allowed to quote on behalf of another manufacturer along with the first
              manufacturer in a subsequent/parallel tender for the same item.

       d)     The Bidder(s)/Contractor(s) will, when presenting his bid, disclose (with
              each tender as per proforma enclosed) any and all payments he has
              made, is committed to or intends to make to agents, brokers or any
              other intermediaries in connection with the award of the Contract.

       3)     The Bidder(s)/Contractor(s) will not instigate third persons to commit
              offences outlined above or be an accessory to such offences.

       4)     The Bidder(s)/Contractor(s) will not, directly or through any other
              person or firm indulge in fraudulent practice means a willful
              misrepresentation or omission of facts or submission of
              fake/forged documents in order to induce public official to act in
              reliance thereof, with the purpose of obtaining unjust advantage
              by or causing damage to justified interest of others and/or to




Correction.. Nil   Addition.. Nil   Insertion.. Nil   Overwriting.. Nil   AE(P)        33
EE(P)-I
influence the procurement process to the detriment of the
              Government interests.

       5)     The Bidder(s)/Contractor(s) will not, directly or through any other
              person or firm use Coercive Practices (means the act of obtaining
              something, compelling an action or influencing a decision through
              intimidation, threat or the use of force directly or indirectly, where
              potential or actual injury may befall upon a person, his/ her reputation
              or property to influence their participation in the tendering process).


Article 3: Consequences of Breach

Without prejudice to any rights that may be available to the Principal/Owner under
law or the Contract or its established policies and laid down procedures, the
Principal/Owner shall have the following rights in case of breach of this Integrity Pact
by the Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes to
respect and uphold the Principal/Owner’s absolute right:

       1)     If the Bidder(s)/Contractor(s), either before award or during execution
              of Contract has committed a transgression through a violation of Article
              2 above or in any other form, such as to put his reliability or credibility
              in question, the Principal/ Owner after giving 14 days notice to the
              contractor shall have powers to disqualify the Bidder(s)/Contractor(s)
              from the Tender process or terminate/determine the Contract, if already
              executed or exclude the Bidder/Contractor from future contract award
              processes. The imposition and duration of the exclusion will be
              determined by the severity of transgression and determined by the
              Principal/Owner. Such exclusion may be forever or for a limited
              period as decided by the Principal/Owner.

       2)     Forfeiture of EMD/Performance Guarantee/Security Deposit: If the
              Principal/Owner has disqualified the Bidder(s) from the Tender process
              prior to the award of the Contract or terminated/determined the
              Contract or has accrued the right to terminate/determine the Contract
              according to Article 3(1), the Principal/Owner apart from exercising any
              legal rights that may have accrued to the Principal/Owner, may in its
              considered opinion forfeit the entire amount of Earnest Money Deposit,
              Performance Guarantee and Security Deposit of the Bidder/Contractor.

       3)     Criminal Liability: If the Principal/Owner obtains knowledge of
              conduct of a Bidder or Contractor, or of an employee or a
              representative or an associate of a Bidder or Contractor which
              constitutes corruption within the meaning of Indian Penal code
              (IPC)/Prevention of Corruption Act, or if the Principal/Owner has
              substantive suspicion in this regard, the




Correction.. Nil   Addition.. Nil   Insertion.. Nil   Overwriting.. Nil   AE(P)       34
EE(P)-I
Principal/Owner will inform the same to law enforcing agencies for
              further investigation.



Article 4: Previous Transgression

       1)     The Bidder declares that no previous transgressions occurred in the
              last 5 years with any other Company in any country confirming to the
              anticorruption approach or with Central Government or State
              Government or any other Central/State Public Sector Enterprises in
              India that could justify his exclusion from the Tender process.

       2)     If the Bidder makes incorrect statement on this subject, he can be
              disqualified from the Tender process or action can be taken for banning
              of business dealings/ holiday listing of the Bidder/Contractor as
              deemed fit by the Principal/ Owner.

       3)     If the Bidder/Contractor can prove that he has resorted / recouped the
              damage caused by him and has installed a suitable corruption
              prevention system, the Principal/Owner may, at its own discretion,
              revoke the exclusion prematurely.


Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors

       1)     The Bidder(s)/Contractor(s) undertake(s) to demand from all
              subcontractors a commitment in conformity with this Integrity Pact. The
              Bidder/Contractor shall be responsible for any violation(s) of the
              principles laid down in this agreement/Pact by any of its
              Subcontractors/sub-vendors.

       2)     The Principal/Owner will enter into Pacts on identical terms as this one
              with all Bidders and Contractors.

       3)     The Principal/Owner will disqualify Bidders, who do not submit, the duly
              signed Pact between the Principal/Owner and the bidder, along with
              the Tender or violate its provisions at any stage of the Tender process,
              from the Tender process.




Correction.. Nil   Addition.. Nil   Insertion.. Nil   Overwriting.. Nil   AE(P)    35
EE(P)-I
Article 6- Duration of the Pact

This Pact begins when both the parties have legally signed it. It expires for the
Contractor/Vendor 12 months after the completion of work under the contract or till
the continuation of defect liability period, whichever is more and for all other bidders,
till the Contract has been awarded.
If any claim is made/lodged during the time, the same shall be binding and continue
to be valid despite the lapse of this Pacts as specified above, unless it is
discharged/determined by the Competent Authority, CPWD.



Article 7- Other Provisions

       1)     This Pact is subject to Indian Law, place of performance and
              jurisdiction is the Head quarters of the Division of the
              Principal/Owner, who has floated the Tender.

       2)     Changes and supplements need to be made in writing. Side
              agreements have not been made.

       3)     If the Contractor is a partnership or a consortium, this Pact must be
              signed by all he partners or by one or more partner holding power of
              attorney signed by all partners and consortium members. In case of a
              Company, the Pact must be signed by a representative duly authorized
              by board resolution.

       4)     Should one or several provisions of this Pact turn out to be invalid; the
              remainder of this Pact remains valid. In this case, the parties will strive
              to come to an agreement to their original intensions.

       5)     It is agreed term and condition that any dispute or difference arising
              between the parties with regard to the terms of this Integrity Agreement
              / Pact, any action taken by the Owner/Principal in accordance with this
              Integrity Agreement/ Pact or interpretation thereof shall not be
              subject to arbitration.


Article 8- LEGAL AND PRIOR RIGHTS

All rights and remedies of the parties hereto shall be in addition to all the other legal
rights and remedies belonging to such parties under the Contract and/or law and the
same shall be deemed to be cumulative and not alternative to such legal rights and
remedies aforesaid. For the sake of brevity, both the Parties agree that this Integrity
Pact will have precedence over the Tender/ Contact documents with regard any of
the provisions covered under this Integrity Pact.




Correction.. Nil   Addition.. Nil   Insertion.. Nil   Overwriting.. Nil   AE(P)       36
EE(P)-I
IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact at
the place and date first above mentioned in the presence of following witnesses:


...............................................................
(For and on behalf of Principal/Owner)


.................................................................
(For and on behalf of Bidder/Contractor)

WITNESSES:

          1.          ..............................................
                     (signature, name and address)

          2.          ...............................................
                     (signature, name and address)



Place:

Dated :




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Nit55

  • 1. Name of Work :- Providing and laying Global Category Synthetic Hockey Surface at SAG Centre, NEHU Campus, Shillong. INDEX Sl. No. Description Page No. 1 Index 1 2 PART - A 2 3 Notice Inviting Tender (CPWD-6) 3-14 4 CPWD-8 15-17 5 Schedules (A to F) 18-23 6 Form of Performance Security 24-25 7 Form of BG for earnest money 26 8 Introduction of Integrity Pact and Dispute Resolution Committee under Clause 27-37 25 in GCC 2010 issued vide O/M No DG/CON/255 dated 23.05.2011 including form of Integrity Agreement 9 PART - B 38 10 General Conditions / Additional Specifications / Model documents of 39-76 CSO,CPWD 11 PART - C 77 12 Schedule of Quantities (for Civil Work) 78-83 Certified that this NIT document consists of Index on Page No 1, PART ‘A’ from Page No. 2 to 37, PART ‘B’ from page no. 38 to 76 PART ‘C’ from page no. 78 to 83. Assistant Engineer (P) Executive Engineer (P)-I Superintending Engineer (P) APPROVED Chief Engineer(NEZ) CPWD Shillong-03 Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 1 EE(P)-I
  • 2. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 2 EE(P)-I
  • 3. CPWD-6 FOR e-TENDERING 1. ITEM RATE TENDERS IN TWO BIDS (Technical & Financial), are invited for and on behalf of the President of India from FIH approved Synthetic Hockey Surface manufacturers (and not from their agents or distributors or dealers or suppliers or subsidiary companies or associate companies) for the work of “Providing and laying Global Category Synthetic Hockey Surface at SAG Centre, NEHU Campus, Shillong.” as per details given below:- 1.1. Location/Place and scope of the involved: The work comprises of providing and laying Global category Synthetic Hockey Surface at SAG Centre, NEHU Campus, Shillong, detailed in the table below indicating the number of Hockey pitches to be laid, estimated cost of the work and earnest money to be deposited with the tender. The scope of the work includes providing and laying sprinkler network & system, providing and laying 50mm dense bituminous concrete as wearing course and synthetic Hockey surface on existing W.B.M & 50mm thick bituminous macadam. Location State No. of Estimated cost Earnest Money in Hockey in Indian Indian Rupees. pitches Rupees (1) (2) (3) (4) (5) (6) (i) SAG Centre, NEHU Meghalaya 1 2,65,47,609/- 5,30,952/- Campus, Shillong 1.2 The work is Estimated to Cost Rs. 2,65,47,609 (Rupees Two Crore Sixty Five Lac Forty Seven Thousand Six Hundred and Nine only). This estimate, however, is given merely as a rough guide. 2. Agreement shall be drawn with the successful tenderer on prescribed Form No. CPWD 8 (or other Standard Form as mentioned) which is available as a Govt. of India Publication. Tenderer shall quote his rates as per various terms and conditions of the said form which will form part of the agreement. 3. The time allowed for carrying out the work will be 150 (one hundred Forty days) from the date of start as defined in schedule ‘F’ or and shall be reckoned from the day the sub-base of WBM and 50mm thick bituminous macadam is made available to the contractor, or from 22nd day from the date of issue of letter of acceptance, whichever is later. 4. If the sub base up to WBM is not handed over within three months from the last date of submission of performance guarantee as specified in the letter of acceptance issued by Engineer-in-Charge, the Contractor shall be free to get his contract foreclosed but without any claim for compensation of any kind. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 3 EE(P)-I
  • 4. 5 The tender document consisting of plans, specifications, the schedule of quantities of various types of items to be executed and the set of terms and conditions of the contract to be complied with and other necessary documents including Standard General Conditions of Contract Form can be seen from website www.tenderwizard.com/CPWD or www.cpwd.gov.in free of cost. 6. After submission of the bid the contractor can re-submit revised bid any number of times but before last time and date of submission of bid as notified. 7. While submitting the revised bid, contractor can revise the rate of one or more item(s) any number of times (he need not re-enter rate of all the items) but before last time and date of submission of bid as notified. 8. Earnest Money in the form of Treasury Challan or Demand Draft or Pay order or Banker`s Cheque or Deposit at Call Receipt or Fixed Deposit Receipt (drawn in favour of Executive Engineer, Meghalaya Central Division, CPWD, Shillong) shall be scanned and uploaded to the e-tendering website within the period of bid submission and original should be deposited in office of Executive Engineer. A part of earnest money is acceptable in the form of bank guarantee also. In such case, 50% of earnest money or Rs. 20 lakh, whichever is less, will have to be deposited in shape prescribed above, and balance in shape of Bank Guarantee of any scheduled bank which is to be scanned and uploaded by the intending bidders. Interested contractor who wish to participate in the bid has also to make following payments in the form of Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank and to be scanned and uploaded to the e- Tendering website within the period of bid submission: (i) Cost of Bid Document - Rs. 1,500.00 drawn in favour of Executive Engineer, Meghalaya Central Division, CPWD, Shillong (ii) e-Tender Processing Fee - Rs. 5,515.00 (Including service Tax) drawn in favour of "ITI Limited" payable at Delhi. Treasury Challan or Demand Draft or Pay Order or Banker`s Cheque or Deposit at Call Receipt or FDR or Bank Guarantee against EMD, Cost of Tender Document and Cost of Tender Processing Fee shall be placed in single sealed envelope superscripted as “Earnest Money, Cost of bid Document and Cost of bid Processing Fee” with name of work and due date of opening of the bid also mentioned thereon. Other documents as specified in the press notice shall be scanned and uploaded to the e-tendering website within the period of bid submission and certified copy of each shall be deposited in a separate envelop marked as “Other Documents”. Both the envelopes shall be placed in another envelope with due mention of Name of work, date & time of opening of bids and to be submitted in the office Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 4 EE(P)-I
  • 5. of Executive Engineer including technical bid documents (as specified on para no. 13, 14 and 15 at page no. 10 and 11 on this NIT document) after last date & time of submission of bid and up to 03:30 PM on 15.11.2011. The document shall be opened at 4.00 PM on the same day. Online technical and financial bid documents submitted by intending bidders shall be opened only of those bidders, whose Earnest Money Deposit, Cost of Tender Document and e- Tender Processing Fee and other documents placed in the envelope are found in order. The financial bid submitted shall be opened at 04:00 PM on 21.11.2011 If the tenderer so desires and authorize, the earnest money can be deposited on their behalf by their authorized Indian representative and the same as and when due for refund, can be released to such authorized representatives. 9. The basic Parameters of ‘Technical Bid’ are as under, which must be fulfilled, otherwise the Technical Bid shall be summarily rejected. (i) The product offered must be approved by FIH for international hockey competitions and approval should have the validity at least up to six months beyond the last date of receipt of tender. (ii) For location, the Technical Bid (and accordingly Financial Bid) shall be submitted by the tenderer for only one of their FIH approved products, (iii) Which the tenderer considers appropriate considering the climatic conditions of the place and serviceable life of at least 7 years. (iv) The trade name of the product offered shall be written in full and the same shall tally exactly with what is written in the FIH approval certificate, Laboratory’s test report and client’s certificates (if any). (v) Only such certificates (of FIH and FIH accredited laboratory) shall be accepted which is for the product as per it is current trade name. In case, any of these certificate is for the product indicating it’s earlier trade name, the same shall not be accepted and technical bid with such certificate shall be summarily rejected. Samples of the product offered in Technical Bid shall be submitted in the manner given at para-14 of Annexure 20 A.5.2. 10. i) The rates of all items shall be quoted in Indian Rupees (INR). ii) The payment for all items except item No 30 shall be made in Indian Rupees only. Payment of item no 30 (Providing and the laying of synthetic hockey surface) shall be made in US Dollars, as detailed in para 7 of Particular specification of this document on page 62-63 11. The department will have no objection to the Contractor engaging an indigenous partner for carrying out the work of all items except synthetic Hockey surface over the sub-base for which payment can be made directly to the said partner in India Rupees, should the Contractor so desire and confirm in writing. If the bidder so desires, such authorized indigenous partner may provide his/ her documents pertaining to service tax registration, VAT registration, sales tax registration Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 5 EE(P)-I
  • 6. etc wherever required in the bid document and any tax deducted at source under the agreement will be against such documents. 12. The bid submitted shall become invalid and cost of bid and e-tender processing fee shall not be refunded if : (i) The bidder is found ineligible. (ii) Any discrepancy is noticed between the documents as uploaded at he time of submission of bid and hard copies as submitted physically in the office of opening authority. 13. The contractor whose bid is accepted will be required to furnish performance guarantee of 5% (Five Percent) of the tendered amount within the period specified in Schedule F. This guarantee shall be in the form of cash (in case guarantee amount is less than Rs. 10000/-) or Deposit at Call receipt of any scheduled bank/Banker’s cheque of any scheduled bank/Demand Draft of any scheduled bank/Pay order of any Scheduled Bank of any scheduled bank (in case guarantee amount is less than Rs. 1,00,000/-) or Government Securities or Fixed Deposit Receipts or Guarantee Bonds of any Scheduled Bank or the State Bank of India in accordance with the prescribed form. In case the contractor fails to deposit the said performance guarantee within the period as indicated in Schedule ‘F’, including the extended period if any, the Earnest Money deposited by the contractor shall be forfeited automatically without any notice to the contractor. 14. Intending bidders are advised to inspect and examine the site and its surroundings and satisfy themselves before submitting their tenders as to the nature of the ground and sub-soil (so far as is practicable), the form and nature of the site, the means of access to the site, the accommodation they may require and in general shall themselves obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their tender. A bidder shall be deemed to have full knowledge of the site whether he inspects it or not and no extra charge consequent on any misunderstanding or otherwise shall be allowed. The bidder shall be responsible for arranging and maintaining at his own cost all materials, tools & plants, water, electricity access, facilities for workers and all other services required for executing the work unless otherwise specifically provided for in the contract documents. Submission of a tender by a bidder implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and of conditions and rates at which stores, tools and plant, etc. will be issued to him by the Government and local conditions and other factors having a bearing on the execution of the work. 15. The competent authority on behalf of the President of India does not bind itself to accept the lowest or any other tender and reserves to itself the authority to reject any or all the tenders received without the assignment of any reason. All Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 6 EE(P)-I
  • 7. tenders in which any of the prescribed condition is not fulfilled or any condition including that of conditional rebate is put forth by the bidder shall be summarily rejected. 16. Canvassing whether directly or indirectly, in connection with tenderers is strictly prohibited and the tenders submitted by the contractors who resort to canvassing will be liable to rejection. 17. The competent authority on behalf of President of India reserves to himself the right of accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at the rate quoted. 18. The contractor shall not be permitted to tender for works in the CPWD Circle (Division in case of contractors of Horticulture/Nursery category) responsible for award and execution of contracts, in which his near relative is posted a Divisional Accountant or as an officer in any capacity between the grades of Superintending Engineer and Junior Engineer (both inclusive). He shall also intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any gazette officer in the Central Public Works Department or in the Ministry of Urban Development. Any breach of this condition by the contractor would render him liable to be removed from the approved list of contractors of this Department. 19. No Engineer of gazette rank or other Gazetted Officer employed in Engineering or Administrative duties in an Engineering Department of the Government of India is allowed to work as a contractor for a period of one year after his retirement from Government service, without the previous permission of the Government of India in writing. This contract is liable to be cancelled if either the contractor or any of his employees is found any time to be such a person who had not obtained the permission of the Government of India as aforesaid before submission of the tender or engagement in the contractor’s service. 20. The tender for the works shall remain open for acceptance for a period of ninety (90) days from the date of opening of tenders if any tenderer withdraws his tender before the said period or issue of letter of acceptance, whichever is earlier, or makes any modifications in the terms and conditions of the tender which are not acceptable to the department, then the Government shall, without prejudice to any other right or remedy, be at liberty to forfeit 50% of the said earnest money as aforesaid. Further the tenderer shall not be allowed to participate in the re-tendering process of the work. 21. This notice inviting Tender shall form a part of the contract document. The successful tenderer/ contractor, on acceptance of his tender by the Accepting Authority shall within 15 days from the stipulated date of start of the work, sign the contract consisting of:- a) The Notice Inviting Tender, all the documents including additional conditions, specifications and drawings, if any, forming part of the tender as uploaded at the time of invitation of tender and the rates quoted online at the time of submission of bid and acceptance thereof together with any correspondence leading there to. b) Standard C.P.W.D. Form 8 (Attached with this tender document) . Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 7 EE(P)-I
  • 8. 22.1 The tender document has included the following three components: Part A:- CPWD-6, CPWD-8 including schedule A to F for the major component of the work, Standard General Conditions of Contract for CPWD 2010 or latest edition as applicable with all amendments/modifications up to 23.05.2011 (available as Govt. of India publication, or can be downloaded free of cost from www.cpwd.gov.in). Part B:- General / specific conditions, specifications of the work. Part C:- schedule of quantities applicable to of the work 22.2 The eligible bidders shall quote rates for all items of work. 22.3 After acceptance of the tender by competent authority, the EE in charge of the work shall issue letter of award on behalf of the President of India. After the work is awarded, the contractor will have to enter into one agreement with EE in charge of the work. 22.4 Entire work under the scope of the work shall be executed under one agreement. 22.5 The Earnest Money will become part of the security deposit of the work. 22.6 Running and final payment for the work shall be made by EE to the contractor. 23. In case any discrepancy is noticed between the documents as uploaded at the time of submission of the bid online and hard copies as submitted physically in the office of Executive Engineer, then the bid submitted shall become invalid and the Government shall, without prejudice to any other right or remedy, be at liberty to forfeit 50% of the said earnest money as aforesaid. Further the bidder shall not be allowed to participate in the re-tendering process of the work. Executive Engineer, Meghalaya Central Division, CPWD, Shillong Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 8 EE(P)-I
  • 9. Annexure 20A.5.2 INFORMATION AND INSTRUCTIONS FOR CONTRACTORS FOR e-TENDERING FORMING PART OF NIT AND TO BE POSTED ON WEBSITE (Applicable for inviting open tenders) The Executive Engineer, Meghalaya Central Division, CPWD, Shillong on behalf of President of India invites online ITEM RATE TENDERS IN TWO BIDS (Technical & Financial) from FIH approved Synthetic Hockey Surface manufacturers (and not from their agents or distributors or dealers or suppliers or subsidiary companies or associate companies) for the work of: Name of Work & Estimat Date & Last date & Period during Time & date Location ed Cost time of time of which EMD, of put to Prebid submission Cost of opening of Period Completion Tender conference of Tender financial bids Earnest Money Eligibility & Document, of NIT No. financial bid Etender qualified/ Sl. No. on line Processing approved Fee and other bidders. Documents including technical bids shall be submitted 41(recall-2/EE/MGCD/SH/2011-12 1. Providing and laying Global Category Rs. 2,65,47,609.00 Rs. 5,30,952.00 Synthetic at 11:30 AM upto 3.00 Upto 03:30 at 4.00 P.M. 150 days on P.M. on P.M. on on Hockey 8/11/2011 14/11/2011 15/11/2011 21/11/2011 Surface at SAG Centre, NEHU Campus, Shillong 1. The intending bidder must read the terms and conditions of CPWD-6 carefully. He should only submit his bid if he consider himself eligible and he is in possession of all the documents required. 2. Information and instructions for bidders posted on website shall form part of bid document. 3. The bid document consisting of plans, specifications, the schedule of quantities of various types of items to be executed and the set of terms and conditions of the contract to be complied with and other necessary documents can be seen and downloaded from website www.tenderwizard.com/CPWD or www.cpwd.gov.in free of cost. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 9 EE(P)-I
  • 10. 4. But the bid can only be submitted after uploading the mandatory scanned documents such as demand draft or pay order or Banker’s cheque or Deposit at call receipt or fixed deposit receipts and bank Guarantee of any Scheduled bank towards cost of bid document and EMD in favour of respective Executive Engineer and Processing fee in favour of ITI Limited and other document as specified. 5. Those contractors not registered on the website mentioned above, are required to get registered beforehand. If needed they can be imparted training on online bidding process as per details available on the website. 6. The intending bidder must have valid class-III digital signature to submit the bid. 7. OPENING OF TECHNICAL BID First of all Technical bid shall be opened on the date & time specified in annexure – 20.A.5.2 of those tenderer who fulfil all the basic parameters of Technical bid as mentioned at Sl.No.13 in annexure – 20.A.5.2 and deposited the earnest money, cost of tender documents, e-tender processing fee etc., as prescribed in the same. 8 OPENING OF FINANCIAL BID 8.1 The financial bids of those tenderers whose technical bids have been found in order shall be opened on the date and time mentioned at pg-9 Annexure 20A 5.2. 8.2 In the event, no rate has been quoted for any item(s), leaving space in figure(s), words(s) and amount blank, it will be presumed that the contractor has included the cost of this/these item(s) in other items. Rates for such item (s) shall accordingly be considered as Zero and no payment shall be made for the works to be done by the contractor as per item/these items. 9 On opening date, the contractor can login and see the bid opening process. After opening of bids he will receive the competitor bid sheets. 10 Contractor can upload documents in the form of JPG format and PDF format. 11 Contractor must ensure to quote rate of each item. The column meant for quoting rate in figures appears in pink colour and the moment rate is entered, it turns sky blue. In addition to this, while selecting any of the cells a warning appears that if any cell is left blank, the same shall be treated as “0”. Therefore, if any cell is left blank and no rate is quoted by the bidder, rate of such item shall be treated as “0” (Zero). 12 When tenders are invited in two stage system and if it is desired to submit revised financial bid then it shall be mandatory to submit revised financial bid, if not submitted then the tender submitted earlier shall become invalid. 13 Contractors who fulfil the following requirements shall be eligible to apply. (Joint ventures are not accepted) i) The product offered must be approved by FIH for international hockey competetions and approval should have the validity at least upto six months beyond the last date of receipt of tender. ii) For SAG Centre, NEHU Campus, Shillong location, the technical bid and accordingly Financial bid shall be submitted by the tenderer for only one of their FIH approved products, which the tenderer considers appropriate considering the climatic conditions of the place and serviceable life of at least 7 years. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 10 EE(P)-I
  • 11. iii) The trade name of the product offered shall be written in full and the same shall tally exactly with what is written in FIH approval certificate, laboratory’s test report and client’s certificate (if any). iv) Only such certificates (of FIH and FIH accredited laboratory) shall be accepted which is for the product as per it is current trade name. In case any of these certificate is for the product indicating it’s earlier trade name, the same shall not be accepted and technical bid with such certificate shall be summarily rejected. v) The successful bidder has to get registered with Meghalaya sales tax /VAT, if the same is not available and submit a copy of the same along with the Performance Guarantee. 14 Sample of the product offered in technical bid shall be submitted in on other envelop marked as “SAMPLE” and placed in the main envelop to be submitted to the executive engineer along with other documents. 15 Copy of certificates as mentioned at Sl. No. 13 above shall be scanned and uploaded to the e-tendering website within the period of tender submission and certified copy of each shall be deposited in a separate envelope marked as “ Eligibility Document”. Both the envelope shall be placed in another envelope with due mention of Name of work, date & time of opening of tenders and to be submitted in the office of the Executive Engineer during the period mentioned above. Another Envelope with Technical bid Part-II written on top of the envelope shall contain requisite number of samples of the product offered and quoted for in the size of (300mm x 300mm) each with an inextricable sticker on their back with the full trade name of product and name of the firm written thereon and duly signed by their authorize signatory. The numbers of samples for which the product as offered and quoted for shall be three for which the particular product has been offered. Online tender documents submitted by intending bidders shall be opened only of those bidders, whose Earnest Money Deposit, Cost of Tender Document and e-Tender Processing Fee and other documents placed in the envelope are found in order. 16 Trade name of the product for which rate has been quoted for item No.30 shall also be written in full in Col.5 of the Schedule of Quantities and it shall be ensured that the same is in consonance with the offer made as per technical bid document, otherwise the financial bid may be rejected. “ However, if the tenderer has offer only one product for the location, it is not mandatory to write the trade name of the product in column No. 5 against item No.30 of the schedule of quantities”. 17 The technical bid shall be opened first on due date and time as mentioned in annexure 20 A 5.2. The time and date of opening of financial bid of contractors qualifying the technical bid shall be communicated to them at a later date. 18 Pre tender Conference shall be held in the chamber of Chief Engineer, NEZ Shillong on 08.11.2011 at 11:30 AM to clear the doubt of intending tenderers, if any. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 11 EE(P)-I
  • 12. List of Documents to be scanned and uploaded within the period of bid submission: a. Treasury Challan/ Demand Draft/Pay order or Banker`s Cheque /Deposit at Call Receipt/FDR/Bank Guarantee of any Scheduled Bank against EMD. b. Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank towards cost of bid Document. c. Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank towards cost of Processing Fee. d. Signed copy of undertaking for signing of integrity pact as available in page No.30 of the tender document by the intending bidders. e. The product approval certificate from FIH, indicating its validity period. f. The trade name of the product offered in full and the same shall tally exactly with what is written in FIH approval certificate, laboratory’s test report and client’s certificate (if any). g. Letter of submittal containing the following details:- • Name & Full address of the tenderer. • Telephone, e-mail & fax No. of the tenderer. • Name, address, contact No. (Tel, e-mail, fax) of the person who holds power of attorney if any. • Name, address, contact No. (Tel, e-mail, fax) of their Indian representative, if any. • Original or attested photo copy of power of attorney, if any. • Compliance to Appendix-II of page no 14 shall be submitted in the form of laboratory test reports and if the test report doesn’t mention any of the parameters listed in appendix-II, the compliance to that extent shall be submitted in the form of a letter that ‘these parameters will be achieved with this product’ duly signed by the manufacturer or authorised representative • The trade name of the product, including the details of ingredients which will have to be brought to site for construction of cast-in-situ shock pad, if the synthetic surface offered is to be laid over cast-in-situ pad at SAG Centre, NEHU Campus, Shillong, Meghalaya, in the tabulated form as given below:- Sl.No Trade name of Details of ingredients and their quantity required for the product construction of cast-in-situ shock pad and Global Category Synthetic Hockey Surface 1. j. The original or self attested photo copy of FIH’s approval certificate for the product offered, indicating the validity period respectively thereof. k. The original or self attested photo copy of the latest Test Report from FIH accredited test laboratory for the product offered, containing test values vis-a- vis the performance standards as laid down for Global Category Synthetic Hockey Surfaces. L. English version of the documents, which are not in English, duly authenticated by the authority who had issued the originals, Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 12 EE(P)-I
  • 13. NOTE :- i) Self attestation means attestation by the authorised signatory of the manufacturer/ FIH approved manufacturer himself . ii) Wherever the authorised signatory signs the tender documents/ any documents being attached signature shall be on behalf of approved manufacturer and shall use the letter head/ stamp of the approved manufacturer only. As otherwise the tender shall be liable to be rejected. APPENDIX – I LIST OF EXECUTIVE ENGINEER (ENGINEER-IN-CHARGE) Sl. LOCATION OF NAME OF THE POSTAL FAX NO. E-MAIL No THE WORK DIVISION ADDRESS 1. SAG Centre, Meghalaya Cleve’s +9136422 mgcdcpwdshg11 NEHU Campus, Central Division Colony, 23533 @yahoo.com Shillong Dhankheti, Shillong 793003 Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 13 EE(P)-I
  • 14. APPENDIX – II PERFORMANCE STANDARDS FOR GLOBAL FIH COMPETITIONS Sl. Parameters Performance Standards for Global FIH No competitions 1. Trade Name of the Should be on FIH approved list product 2. Surface (unfilled/filled) Unfilled 3. Predictable playability Yes 4. Ball rebound(vertical Average 100mm-250mm. Field test maximum deviation from Average:20% 5. Ball roll 9m-15m(+10% of average) maximum deviation 3 degrees 6. Underfoot friction Co-efficient of friction 0.6 – 1.0 (+ 0.1 from average) 7. Ball to surface friction Static 0.50 minimum, Dynamic 0.35 minimum 8. Impact Response 40-65 per cent (+5 percent deviation) 9. Pile/Pad deformation Not less than 40 percent 10. Colour Defined range of ‘Green” plus uniformity 11. Gloss Max. 15 Percent when wet. 12 Pitch porosity To allow vertical drainage of water at a rate greater than equivalent of 150mm per hr. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 14 EE(P)-I
  • 15. CPWD-8 GOVERNMENT OF INDIA CENTRAL PUBLIC WORKS DEPARTMENT STATE Meghalaya CIRCLE : SE(P) BRANCH B&R DIVISION : MgCD ZONE NEZ SUB-DIVN. : SCSD-I Item Rate Tender & Contract for Works Tender for the work of: - Providing and laying Global Category Synthetic Hockey Surface at SAG Centre, NEHU Campus, Shillong. (i) To be uploaded on line by 15:00 hours on 14.11.2011 on web site tenderwizard.com/cpwd to Executive Engineer, MgCD, CPWD, Shillong. (ii) Last date and time of submission of copy of registration certificate, tender cost, Earnest Money Deposit, Tender processing fee and Technical Bids (In physical form) in the office of the Executive Engineer, Meghalaya Central Division,CPWD, Meghalaya by 15.30 hours on dated 15.11.2011 (iii) Eligibility Bids to be opened in presence of bidders who may be present at 16:00 hours on dated 15.11.2011 in the office of Executive Engineer, Meghalaya Central Division, CPWD, Shillong. (iv) Financial Bids to be opened in presence of qualified/approved bidders who may be present at 16:00 hours on dated 21.11.2011 in the office of Executive Engineer, Meghalaya Central Division, CPWD, Shillong. Designation: Executive Engineer, Meghalaya Central Division, CPWD, Shillong. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 15 EE(P)-I
  • 16. TENDER l/We have read and examined the notice inviting tender, schedule, A, B, C, D, E & F Specifications applicable, Drawings & Designs, General Rules and Directions, Conditions of contract, clauses of contract, Special conditions, Schedule of Rate & other documents and Rules referred to in the conditions of contract and all other contents in the tender document for the work. I / We hereby tender for the execution of the work specified for the President of India within the time specified in Schedule ‘F’ viz., schedule of quantities and in accordance in all respects with the specifications, designs, drawings and instructions in writing referred to in Rule-1 of General Rules and Directions and in Clause-11 of the Conditions of contract and with such materials as are provided for, by, and in respects in accordance with, such conditions so far as applicable. I/We agree to keep the tender open for ninety (90) days from the date of opening of financial bid and not to make any modifications in its terms and conditions. A sum of Rs. 530952.00 is hereby forwarded in the form of Receipt Treasury Challan/Deposit at call Receipt of a Scheduled Bank / Fixed deposit receipt of a Scheduled Bank/Demand Draft of a Scheduled Bank / bank guarantee issued by a scheduled bank as Earnest Money. If I/We fail to furnish the prescribed performance guarantee within prescribed period, I/We agree that the said President of India or his successors in office shall without prejudice to any other right or remedy, be at liberty to forfeit the said earnest money absolutely. Further, if I/We fail to commence work as specified, I/We agree that President of India or his successors in office shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the said earnest money and the performance guarantee absolutely, otherwise the said earnest money shall be retained by him towards security deposit to execute all the works referred to in the tender documents upon the terms and conditions contained or referred to therein and to carry out such deviations as may be ordered, up to maximum of the percentage mentioned in Schedule ‘F’ and those in excess of that limit at the rates to be determined in accordance with the provision contained in Clause 12.2 and 12.3 of the tender form. Further, I/We agree that in case of forfeiture of earnest money or both Earnest Money & Performance Guarantee as aforesaid, I/We shall be debarred for participation in the re-tendering process of the work. I/We undertake and confirm that eligible similar work(s) has/have not been got executed through another contractor on back to back basis. Further that, if such a violation comes to notice of department, then I shall be debarred for tendering in CPWD in future for ever. Also, if such a violation comes to the notice of the department before date of start of work, the Engineer-in-Charge shall be free to forfeit the entire earnest money deposit/Performance Guarantee. I/We hereby declare that I/We shall treat the tender documents drawings and other records connected with the work as secret/confidential documents and shall not communicate information/derived there from to any person other than a person to whom I/We am/are authorized to communicate the same or use the information in any manner prejudicial to the safety of the State. Dated, ……………. . Signature of Contractor Witness Postal Address Address: Occupation: ** To be filled by Contractor Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 16 EE(P)-I
  • 17. ACCEPTANCE The above tender (as modified by you as provided in the letters mentioned hereunder) is accepted by me for and on behalf of the President of India for a sum of Rs………………………… (Rupees……………………………..……………………………………………..……………) The letters referred to below shall form part of this contract Agreement: - * * * For & on behalf of the President of India. Signature Dated: Designation: * To be filled in by EE Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 17 EE(P)-I
  • 18. PROFORMA OF SCHEDULES SCHEDULE ‘A’ Schedule of quantities of Part C from Page No 78 to 83 SCHEDULE ‘B’ Schedule of materials to be issued to the contractor Sl. Description of item Quantity Rates in figures & words of Place of issue No. Which the material will be Charged to the contractor 1. 2 3 4 5 ---------------------------------------------------Nil---------------------------------------------------- SCHEDULE ‘C’ Tools and plants to be hired to the contractor. Sl. No. Description Hire charges per day Place of issue 1. 2. 3. 4. …………………………………………………..NIL………………………………………………… SCHEDULE ‘D’ Extra schedule for specific : General Conditions, additional Conditions and Requirements/documents documents for the work, if any, specifications, etc for the work, if any: attached herewith vide Part B from page No.38 to 76 SCHEDULE ‘E’ Reference to General : General Condition of contract Conditions of Contract 2010 with correction slips up to 23.05.2011 Name of work: - Providing and laying Global Category Synthetic Hockey Surface at SAG Centre, NEHU Campus, Shillong. Estimated cost of work = Rs. 265,47,609.00 1) Earnest money: = Rs. 5,30,952.00 2) PerformanceGuarantee = 5 % of tendered value. 3) Security Deposit = 5 % of tendered value. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 18 EE(P)-I
  • 19. SCHEDULE ‘F’ GENERAL RULES & DIRECTIONS: Officer inviting tender Executive Engineer, Meghalaya Central Division, CPWD, Shillong. Maximum percentage for quantity of items See below of work to be executed beyond which rates are to be determined in accordance with Clauses 12.2 & 12.3 Definition: 2(v) Engineer-in-Charge Executive Engineer Meghalaya Central Division, CPWD, Shillong. 2 (viii) Accepting Authority Chief Engineer, NEZ, CPWD, Shillong. 2 (x) Percentage on cost of material and labour to cover all overheads and 15% profits. 2 (xi) Standard Schedule of Rates DSR 2007 with Amendments/correction slips Issued up to 25.07.2011. 2(xii) Department Central Public Works Department. 9(ii) Standard CPWD contract Form CPWD form 8 (publication 2010) as modified and corrected with Amendments issued up to 23.05.2011 Clause 1 i)Time allowed for submission of Performance Guarantee from the date of issue of letter of 15 days Acceptance. ii) Maximum allowable extension beyond the period provided in (i) above. 7 days Clause 2 Authority for fixing Compensation SUPERINTENDING ENGINEER (P), under clause-2 NEZ, CPWD, Shillong. Clause 2A Whether Clause 2A shall be applicable Yes Clause 5 Number of days from the date of issue of letter of acceptance for reckoning date of start. 15 days Mile stone(s) as per table given below. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 19 EE(P)-I
  • 20. Sl. Time allowed Amount to be No. Description of Mile stone(s) (Physical) in days withheld in case of (From date non achievement of start). of mile stone(s). 1. Earthwork and cement concrete including CC drain and 30 days In the event of not RCC base of water tank achieving the 2. Complete under ground water tank 60 days necessary physical Complete brickwork of pump house milestone, 1.00% of Laying of sprinkler network the tendered value of Pump house complete 90 Days work will be withheld 3. for failure in achieving Chain link fencing complete each mile stone Foot path along drain complete subject to a maximum Getting the mix design result for DBC amount of 5% 4. All items except Global Synthetic Hockey Turff complete 100 Days 5. Completion of Work including laying Global Synthetic 150 Days Hockey Turff complete in all respect Time allowed for execution of work 150 days Authority to decide: (i) Extension of time EE, MgCD, CPWD, Shillong. (ii) Rescheduling of mile stones Superintending Engineer (P), NEZ, CPWD, Shillong Clause 6, 6A Clause applicable – (6 or 6A) Clause 6A applicable Clause 7 Gross work to be done together with net payment/ Rs. 35.00 lakhs or as mutually adjustment of Advances for material collected, agreed by both parties. if any, since the last such payment for being eligible to interim payment. Clause 10A List of testing equipment to be provided by the contractor at site lab. 1. Concrete testing hammer. 2. Slump cone with tamping rod and non-absorbent platform. 3. Glass measuring cylinder. 4. Weighing balance with required brass and iron weight. 5. Brass and metal sieve of required size for testing coarse and fine aggregate. 6. Cube moulds of 15x15x15 cm size. 7. Moisture meter. Clause 10B (ii) Whether Clause 10B (ii) shall be applicable : Yes Clause 10 C Component of labour expressed as percentage of value of work = 25 % Clause 10 CA Clause 10 CA Nearest materials (other than Base price of all Materials Covered cement, reinforcement bars materials covered under under this clause : and structural steel) for which Clause 10CA* All India Whole Sale Price Index to be followed. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 20 EE(P)-I
  • 21. 1. Cement (O.P.C.) 1. NIL Rs. 5,400/- per MT 2. Reinforcement 2. NIL Rs. 48,100/- per MT steel bars (TMT) Primary producers CLAUSE 10 CC : Not Applicable Clause 11 Specifications to be followed for execution of work :- As per model documents of CSO, CPWD as enclosed on page 64 to page 76 and C.P.W.D. Specifications 2009 Vol. – I & II with up to date correction slips upto date and general conditions and Additional specifications as attached in PART B & C of the NIT except for items No. 30 for which FIH requirements for Global Competition for “Providing and Synthetic Hockey Surface” Clause 12 Deviation limit beyond which clause 12.2 & 12.3 shall apply for building work 30% (Thirty percent) Deviation limit beyond which clause 12.2 and 12.3 shall apply for foundation work 100% (one hundred percent). Clause 16 Competent Authority for deciding Superintending Engineer (P), reduced rates. NEZ, CPWD, Shillong. Clauses 18 List of mandatory machinery, tools & plants to be deployed by the contractor at site:- 1. Steel shuttering (for foundation – 200sqm, for beams 200sqm, for column 100 sqm & for slab 200sqm) 2. Steel scaffolding with adjustable flexi jack on top for 200 cum space. 3. Concrete mixture machine of full bag cement capacity. 4. Needle type vibrator (40mm) – at least 2 nos. 5. Water pump set for curing Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 21 EE(P)-I
  • 22. Clause 19 Add after Para 2 of Clause 19 at Page 38 of GCC 2008. For this purpose, as laid down in Rule 4(3) of the Building and other Construction Workers Welfare Cess Rule 1998, the contractor shall have to pay Cess @ 1% of the gross value of work done by him, which shall be recovered from each running bill including final bill of the work by the Engineer-in-charge. The amount so deducted shall be transferred to the Meghalaya Building and other Construction Workers Welfare Board or any other designated office. Clause 25 - Constitution of Dispute Redressal Committee: For total claims more than Rs. 25 lac. Chairman – Chief Engineer (EZ-I), CPWD, Kolkata Member – Superintending Engineer (TLCQA), CPWD, Kolkata. Member – Superintending Engineer (P), NEZ, CPWD, Shillong For total claims upto Rs. 25 lac. Chairman – Superintending Engineer (TLCQA), CPWD, Kolkata. Member – Executive Engineer (P), NEZ, CPWD, Shillong Member – Executive Engineer, IIM Project Division, CPWD, Shillong Member – Executive Engineer, Meghalaya Central Division, CPWD, Shillong Clause 36(i) :-Requirement of Technical Representative(s) and recovery rate. Sl. Minimum Designation Minimum Nos. Rate at which recovery No Qualification of (Principal experience shall be made from the Discipline Technical Technical/ contractor in the event representative Technical of not fulfilling provision representative of Clause 36(i) Figures Words 1 Rupees Graduate Principal A Rs. 20,000/- Twenty Engineer 1(One) Each Per thousand Technical Technical No. month each per representative expert who has month experienc e of having executed at least Civil one similar work successf ully Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 22 EE(P)-I
  • 23. 2. Graduate Nil for Rupees Engineer Graduate Rs. 15,000/- Fifteen Or Technical Engineer 1(One) Each Per thousand Civil Diploma representative OR 5 No. month each per Engineer years for month Diploma Engineer Assistant Engineers retired from Government services that are holding Diploma will be treated at par with Graduate Engineers. Clause 42 i) a) Schedule/statement for determining DSR 2007 with up to date theoretical quantity of cement and amendments and as per bitumen on the basis of Delhi schedule additional specifications of Rate printed by CPWD attached in the NIT. ii) Variations permissible on theoretical quantities a) Cement For works with estimated cost put to 2% plus/minus. tender more than Rs.5 lakhs. b) Bitumen for all works. 2.5% plus only & Nil on minus side c) Steel Reinforcement and structural steel sections for each diameter, section and 2% plus / minus. Category. d) All other materials NIL RECOVERY RATES FOR QUANTITIES BEYOND PERMISSIBLE VARIATION Sl. Description of item Rates in figures and words at which recovery No. Shall be made from the Contractor. Excess beyond Less use beyond the Permissible Variation. Permissible variation. 1 Cement NIL Not Permitted 2 Steel Reinforcement NIL Not Permitted 3 Structural Section NIL Not Permitted 4 Bitumen issued free NIL Not Permitted 5 Bitumen issued at NIL Not Permitted stipulated fixed price Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 23 EE(P)-I
  • 24. FORM OF PERFORMANCE SECURITY (GUARANTEE) BANK GUARANTEE BOND 1. In consideration of the President of India (hereinafter called "the Government") having offered to accept the terms and conditions of the proposed agreement between………………………………………and…...…..…………………………….. (herein after called "the said contractor(s)") for the work ……………………………………………………………………………. (herein after called "the said agreement') having agreed, to production of an irrevocable Bank Guarantee for Rs……………….. (Rupees………………………………………..only) as a security/ guarantee from the contractor(s) for compliance of his obligations in accordance with the terms and conditions in the said agreement. We ………………………………………………(hereinafter referred to as "as (indicate the name of Bank) Bank") hereby undertake to pay to the Government an amount not exceeding Rs……………. (Rupees………………………………………….only) on demand by the Government. 2. We …………………………………………………………………………..do hereby (indicate the name of Bank) undertake to pay the amounts due and payable under this Guarantee without any demure, merely on a demand from the Government stating that the amount claimed is required to meet the recoveries due or likely to be due from the said contractor (s). 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……………………………(Rupees……………………………………………only) 3. We, the said bank further undertake to pay the Government any money so demand notwithstanding any dispute or disputes raised by the contractor(s) in any suit or proceeding pending before any court or Tribunal relating thereto, our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be a valid discharge of our liability for payment thereunder and the contractor(s) shall have no claim against us for making such payment. 4. We ……………………………………………………………….further agree that (indicate the name of the Bank) 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 Government under or by virtue of the said Agreement have been fully paid and its claim satisfied or discharged or till Engineer-in-Charge on behalf of the Government certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said contractor(s) accordingly discharges this guarantee. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 24 EE(P)-I
  • 25. 5. We…………………………………………………………………. further agree with (indicate the name of Bank) the Government that the Government 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 contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the Government against the said contractor(s) and to forebear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said contractor(s) or for any forbearance, act of omission on the part of the Government or any indulgence by the Government 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. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the contractor(s). 7. We ………………………………………………………………lastly undertake (indicate the name of bank) not to revoke this guarantee except with the previous consent of the Government in writing. 8. This guarantee shall be valid upto………………………………………………..unless extended on demand by Government. Notwithstanding any thing mentioned above, our liability against this Guarantee is restricted to Rs. ……………………(Rupees………………………………………………………only) and unless a claim in writing is lodged with us within six months of the date of expiry or the extended date of expiry of this guarantee, all our liabilities under this guarantee, shall stand discharged. Dated, the …………Day of…..………………. . For……………………………………………… (indicate the name of the Bank) Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 25 EE(P)-I
  • 26. Form of Earnest Money Deposit Bank Guarantee Bond WHEREAS, contractor.................. (Name of contractor) (hereinafter called "the contractor") has submitted his tender dated ............. (date) for the construction of .............................................. (name of work) (hereinafter called "the Tender") KNOW ALL PEOPLE by these presents that we ........................................ (name of bank) having our registered office at ................................... (hereinafter called "the Bank") are bound unto ................................................... (Name and division of Executive Engineer) (hereinafter called "the Engineer-in-Charge") in the sum of Rs. ......................... (Rs. in words .................................................) for which payment well and truly to be made to the said Engineer-in-Charge the Bank binds itself, his successors and assigns by these presents. SEALED with the Common Seal of the said Bank this ................. day of ................. 20... . THE CONDITIONS of this obligation are: (1) If after tender opening the Contractor withdraws, his tender during the period of validity of tender including extended validity of tender) specified in the Form of Tender; (2) If the contractor having been notified of the acceptance of his tender by the Engineer-in-Charge: (a) fails or refuses to execute the Form of Agreement in accordance with the Instructions to contractor, if required; OR (b) fails or refuses to furnish the Performance Guarantee, in accordance with the provisions of tender document and Instructions to contractor, OR (c) fails or refuses to start the work, in accordance with the provisions of the contract and Instructions to contractor, OR (d) fails or refuses to submit fresh Bank Guarantee of an equal amount of this Bank Guarantee, against Security Deposit after award of contract. We undertake to pay to the Engineer-in-Charge up to the above amount upon receipt of his first written demand, without the Engineer-in-Charge having to substantiates his demand, provided that in his demand the Engineer-in-Charge will note that the amount claimed by his is due to him owing to the occurrence of one or any of the above conditions, specifying the occurred condition or conditions. This Guarantee will remain in force up to and including the date* ............. after the deadline for submission of tender as such deadline is stated in the Instructions to contractor or as it may be extended by the Engineer-in- Charge, notice of which extension(s) to the Bank is hereby waived. Any demand in respect of this Guarantee should reach the Bank not later than the above date. DATE ............. SIGNATURE OF THE BANK WITNESS .................. SEAL (SIGNATURE, NAME AND ADDRESS) *Date to be worked out on the basis of validity period of 6 months from last date of receipt of tender. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 26 EE(P)-I
  • 27. OFFICE MEMORANDUM No.DGW/CON/255 ISSUED BY AUTHORITY OF DIRECTOR GENERAL OF WORKS NIRMAN BHAWAN, NEW DELHI DATED: 23.05.2011 Subject: Introduction of Integrity Pact and Dispute Resolution Committee under Clause 25 in GCC 2010. 1. Introduction of Integrity Pact: A new provision of Integrity Pact (copy enclosed) has been introduced in the GCC 2010. At the time of submission of tender/bid, it shall be mandatory to sign the Pact by the bidder/contractor failing which the tenderer/bidder will stand disqualified from the tendering process and the bid of the bidder would be summarily rejected. 2. Following provisions of CPWD Works Manual 2010 are modified: Reference Existing Provision Modified Provision CPWD - No Provision Following new Para is added: 7/8 Clause 25 - Schedule - Constitution of Dispute Redressal F Committee: Chairman - Member - Member - Clause 3 If the contractor shall obtain a contract If the contractor had secured the (vii) with Government as a result of wrong contract with Government as a result of tendering or other non-bonafide wrong tendering or other non-bonafide methods of competitive tendering. methods of competitive tendering or commits breach of Integrity Agreement. Clause If the contractor considers any work If the contractor considers any work 25(i) demanded of him to be outside the demanded of him to be outside the requirements of the contract, or requirements of the contract, or disputes disputes any drawings, record or any drawings, record or decision given in decision given in writing by the writing by the Engineer-in-Charge on Engineer in-Charge on any matter in any matter in connection with or arising connection with or arising out of the out of the contract or carrying out of the contract or carrying out of the work, to work, to be unacceptable, he shall be unacceptable, he shall promptly promptly within 15 days request the within 15 days request the Superintending Engineer in writing for Superintending Engineer in writing for written instruction or decision. written instruction or decision. Thereupon, the Superintending Engineer Thereupon, the Superintending shall give his written instructions or Engineer shall give his written decision within a period of one month instructions or decision within a period from the receipt of the contractor’s letter. of one month from the receipt of the contractor’s letter. If the Superintending Engineer fails to If the Superintending Engineer fails to give his instructions or decision in give his instructions or decision in writing writing within the aforesaid period or if within the aforesaid period or if the Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 27 EE(P)-I
  • 28. the contractor is dissatisfied with the contractor is dissatisfied with the instructions or decision of the instructions or decision of the Superintending Engineer, the Superintending Engineer, the contractor contractor may, within 15 days of the may, within 15 days of the receipt of receipt of Superintending Engineer’s Superintending Engineer’s decision, decision, appeal to the Chief Engineer appeal to the Chief Engineer who shall who shall afford an opportunity to the afford an opportunity to the contractor to contractor to be heard, if the latter so be heard, if the latter so desires, and to desires, and to offer evidence in offer evidence in support of his appeal. support of his appeal. The Chief The Chief Engineer shall give his Engineer shall give his decision within decision within 30 days of receipt of 30 days of receipt of contractor’s contractor’s appeal. If the contractor is appeal. If the contractor is dissatisfied dissatisfied with the decision of the Chief with this decision, the contractor shall Engineer, the contractor may within 30 within a period of 30 days from receipt days from the receipt of the Chief of the decision, give notice to the Engineer decision, appeal before the Chief Engineer for appointment of Dispute Redressal Committee (DRC) arbitrator on prescribed proforma as along with a list of disputes with per Appendix XV, failing which the amounts claimed in respect of each said decision shall be final binding such dispute and giving reference to and conclusive and not referable to the rejection of his disputes by the adjudication by the arbitrator. Chief Engineer. The Dispute Redressal Committee (DRC) shall give his decision within a period of 90 days from the receipt of Contractor’s appeal. The constitution of Dispute Redressal Committee (DRC) shall be as indicated in Schedule ‘F’. If the Dispute Redressal Committee (DRC) fails to give his decision within the aforesaid period or any party is dissatisfied with the decision of Dispute Redressal Committee (DRC), then either party may within a period of 30 days from the receipt of the decision of Dispute Redressal Committee (DRC), give notice to the Chief Engineer for appointment of arbitrator on prescribed proforma as per Appendix XV, failing which the said decision shall be final binding and conclusive and not referable to adjudication by the arbitrator. It is a term of contract that each party invoking arbitration must exhaust the aforesaid mechanism of settlement of claims/ disputes prior to invoking arbitration. ---Sd--- Superintending Engineer (C&M) Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 28 EE(P)-I
  • 29. To, Intending Bidders, ……………………….., ……………………….. Sub: NIT No. …………………………………. for the work ……………................... Dear Sir, It is here by declared that CPWD is committed to follow the principle of transparency, equity and competitiveness in public procurement. The subject Notice Inviting Tender (NIT) is an invitation to offer made on the condition that the Bidder will sign the integrity Agreement, which is an integral part of tender/bid documents, failing which the tenderer/bidder will stand disqualified from the tendering process and the bid of the bidder would be summarily rejected. This declaration shall form part and parcel of the Integrity Agreement and signing of the same shall be deemed as acceptance and signing of the Integrity Agreement on behalf of the CPWD. Yours faithfully Executive Engineer To, Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 29 EE(P)-I
  • 30. Executive Engineer, ……………………….., ……………………….. Sub: Submission of Tender for the work of ………………………....…………….... Dear Sir, I/We acknowledge that CPWD is committed to follow the principles thereof as enumerated in the Integrity Agreement enclosed with the tender/bid document. I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on the condition that I/We will sign the enclosed integrity Agreement, which is an integral part of tender documents, failing which I/We will stand disqualified from the tendering process. I/We acknowledge that THE MAKING OF THE BID SHALL BE REGARDED AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT. I/We confirm acceptance and compliance with the Integrity Agreement in letter and spirit and further agree that execution of the said Integrity Agreement shall be separate and distinct from the main contract, which will come into existence when tender/bid is finally accepted by CPWD. I/We acknowledge and accept the duration of the Integrity Agreement, which shall be in the line with Article 1 of the enclosed Integrity Agreement. I/We acknowledge that in the event of my/our failure to sign and accept the Integrity Agreement, while submitting the tender/bid, CPWD shall have unqualified, absolute and unfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance with terms and conditions of the tender/bid. Yours faithfully (Duly authorized signatory of the Bidder) Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 30 EE(P)-I
  • 31. To be signed by the bidder and same signatory competent / authorised to sign the relevant contract on behalf of CPWD. INTEGRITY AGREEMENT This Integrity Agreement is made at ............... on this ........... day of ..................20...... BETWEEN President of India represented through Executive Engineer,.................................,……………. (Name of Division) CPWD, ............................................................................................,(Hereinafter referred as the (Address of Division) ‘Principal/Owner’, which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns) AND ....................................................................................................................................... ............... (Name and Address of the Individual/firm/Company) through ........................................................................................ (Hereinafter referred to as the (Details of duly authorized signatory) “Bidder/Contractor” and which expression shall unless repugnant to the meaning or context hereof include its successors and permitted assigns) Preamble WHEREAS the Principal / Owner has floated the Tender (NIT No. ...............................................) (hereinafter referred to as “Tender/Bid”) and intends to award, under laid down organizational procedure, contract for ................................................................................................................................ (Name of work) hereinafter referred to as the “Contract”. AND WHEREAS the Principal/Owner values full compliance with all relevant laws of the land, rules, regulations, economic use of resources and of fairness/transparency in its relation with its Bidder(s) and Contractor(s). AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into this Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and conditions of which shall also be read as integral part and parcel of the Tender/Bid documents and Contract between the parties. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 31 EE(P)-I
  • 32. NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the parties hereby agree as follows and this Pact witnesses as under: Article 1: Commitment of the Principal/Owner 1) The Principal/Owner commits itself to take all measures necessary to prevent corruption and to observe the following principles: (a) No employee of the Principal/Owner, personally or through any of his/her family members, will in connection with the Tender, or the execution of the Contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to. (b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity and reason. The Principal/Owner will, in particular, before and during the Tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential / additional information through which the Bidder(s) could obtain an advantage in relation to the Tender process or the Contract execution. (c) The Principal/Owner shall endeavour to exclude from the Tender process any person, whose conduct in the past has been of biased nature. 2) If the Principal/Owner obtains information on the conduct of any of its employees which is a criminal offence under the Indian Penal code (IPC)/Prevention of Corruption Act, 1988 (PC Act) or is in violation of the principles herein mentioned or if there be a substantive suspicion in this regard, the Principal/Owner will inform the Chief Vigilance Officer and in addition can also initiate disciplinary actions as per its internal laid down policies and procedures. Article 2: Commitment of the Bidder(s)/Contractor(s) 1) It is required that each Bidder/Contractor (including their respective officers, employees and agents) adhere to the highest ethical standards, and report to the Government / Department all suspected acts of fraud or corruption or Coercion or Collusion of which it has knowledge or becomes aware, during the tendering process and throughout the negotiation or award of a contract. 2) The Bidder(s)/Contractor(s) commits himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the Tender process and during the Contract execution: Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 32 EE(P)-I
  • 33. a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal/Owner’s employees involved in the Tender process or execution of the Contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the Tender process or during the execution of the Contract. b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to cartelize in the bidding process. c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act. Further the Bidder(s)/Contract(s) will not use improperly, (for the purpose of competition or personal gain), or pass on to others, any information or documents provided by the Principal/Owner as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically. d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and addresses of agents/representatives in India, if any. Similarly Bidder(s)/ Contractor(s) of Indian Nationality shall disclose names and addresses of foreign agents/representatives, if any. Either the Indian agent on behalf of the foreign principal or the foreign principal directly could bid in a tender but not both. Further, in cases where an agent participate in a tender on behalf of one manufacturer, he shall not be allowed to quote on behalf of another manufacturer along with the first manufacturer in a subsequent/parallel tender for the same item. d) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose (with each tender as per proforma enclosed) any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the Contract. 3) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences. 4) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm indulge in fraudulent practice means a willful misrepresentation or omission of facts or submission of fake/forged documents in order to induce public official to act in reliance thereof, with the purpose of obtaining unjust advantage by or causing damage to justified interest of others and/or to Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 33 EE(P)-I
  • 34. influence the procurement process to the detriment of the Government interests. 5) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm use Coercive Practices (means the act of obtaining something, compelling an action or influencing a decision through intimidation, threat or the use of force directly or indirectly, where potential or actual injury may befall upon a person, his/ her reputation or property to influence their participation in the tendering process). Article 3: Consequences of Breach Without prejudice to any rights that may be available to the Principal/Owner under law or the Contract or its established policies and laid down procedures, the Principal/Owner shall have the following rights in case of breach of this Integrity Pact by the Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes to respect and uphold the Principal/Owner’s absolute right: 1) If the Bidder(s)/Contractor(s), either before award or during execution of Contract has committed a transgression through a violation of Article 2 above or in any other form, such as to put his reliability or credibility in question, the Principal/ Owner after giving 14 days notice to the contractor shall have powers to disqualify the Bidder(s)/Contractor(s) from the Tender process or terminate/determine the Contract, if already executed or exclude the Bidder/Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of transgression and determined by the Principal/Owner. Such exclusion may be forever or for a limited period as decided by the Principal/Owner. 2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the Principal/Owner has disqualified the Bidder(s) from the Tender process prior to the award of the Contract or terminated/determined the Contract or has accrued the right to terminate/determine the Contract according to Article 3(1), the Principal/Owner apart from exercising any legal rights that may have accrued to the Principal/Owner, may in its considered opinion forfeit the entire amount of Earnest Money Deposit, Performance Guarantee and Security Deposit of the Bidder/Contractor. 3) Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder or Contractor, or of an employee or a representative or an associate of a Bidder or Contractor which constitutes corruption within the meaning of Indian Penal code (IPC)/Prevention of Corruption Act, or if the Principal/Owner has substantive suspicion in this regard, the Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 34 EE(P)-I
  • 35. Principal/Owner will inform the same to law enforcing agencies for further investigation. Article 4: Previous Transgression 1) The Bidder declares that no previous transgressions occurred in the last 5 years with any other Company in any country confirming to the anticorruption approach or with Central Government or State Government or any other Central/State Public Sector Enterprises in India that could justify his exclusion from the Tender process. 2) If the Bidder makes incorrect statement on this subject, he can be disqualified from the Tender process or action can be taken for banning of business dealings/ holiday listing of the Bidder/Contractor as deemed fit by the Principal/ Owner. 3) If the Bidder/Contractor can prove that he has resorted / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal/Owner may, at its own discretion, revoke the exclusion prematurely. Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors 1) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity Pact. The Bidder/Contractor shall be responsible for any violation(s) of the principles laid down in this agreement/Pact by any of its Subcontractors/sub-vendors. 2) The Principal/Owner will enter into Pacts on identical terms as this one with all Bidders and Contractors. 3) The Principal/Owner will disqualify Bidders, who do not submit, the duly signed Pact between the Principal/Owner and the bidder, along with the Tender or violate its provisions at any stage of the Tender process, from the Tender process. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 35 EE(P)-I
  • 36. Article 6- Duration of the Pact This Pact begins when both the parties have legally signed it. It expires for the Contractor/Vendor 12 months after the completion of work under the contract or till the continuation of defect liability period, whichever is more and for all other bidders, till the Contract has been awarded. If any claim is made/lodged during the time, the same shall be binding and continue to be valid despite the lapse of this Pacts as specified above, unless it is discharged/determined by the Competent Authority, CPWD. Article 7- Other Provisions 1) This Pact is subject to Indian Law, place of performance and jurisdiction is the Head quarters of the Division of the Principal/Owner, who has floated the Tender. 2) Changes and supplements need to be made in writing. Side agreements have not been made. 3) If the Contractor is a partnership or a consortium, this Pact must be signed by all he partners or by one or more partner holding power of attorney signed by all partners and consortium members. In case of a Company, the Pact must be signed by a representative duly authorized by board resolution. 4) Should one or several provisions of this Pact turn out to be invalid; the remainder of this Pact remains valid. In this case, the parties will strive to come to an agreement to their original intensions. 5) It is agreed term and condition that any dispute or difference arising between the parties with regard to the terms of this Integrity Agreement / Pact, any action taken by the Owner/Principal in accordance with this Integrity Agreement/ Pact or interpretation thereof shall not be subject to arbitration. Article 8- LEGAL AND PRIOR RIGHTS All rights and remedies of the parties hereto shall be in addition to all the other legal rights and remedies belonging to such parties under the Contract and/or law and the same shall be deemed to be cumulative and not alternative to such legal rights and remedies aforesaid. For the sake of brevity, both the Parties agree that this Integrity Pact will have precedence over the Tender/ Contact documents with regard any of the provisions covered under this Integrity Pact. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 36 EE(P)-I
  • 37. IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact at the place and date first above mentioned in the presence of following witnesses: ............................................................... (For and on behalf of Principal/Owner) ................................................................. (For and on behalf of Bidder/Contractor) WITNESSES: 1. .............................................. (signature, name and address) 2. ............................................... (signature, name and address) Place: Dated : Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 37 EE(P)-I
  • 38. Correction.. Nil Addition.. Nil Insertion.. Nil Overwriting.. Nil AE(P) 38 EE(P)-I