CMPDI Tender-Project_Gopalprasad OCP

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    TENDER DOCUMENT

    FOR

    GENERATION OF ONE SEASON BASELINE ENVIRONMENTAL DATA( AIR, WATER, NOISE DATA & SOIL ANALYSIS ) FOR GOPALPRASADO.C.P OF MJSJ COAL LIMITED, ANGUL.

    PLACE OF WORK : GOPALPRASAD OCP ,TALCHER ANDCOMMAND AREA OF MJSJ COAL LIMITED ,

    ANGUL .

    PART I

    QUALIFICATION BID WITH SPECIFICATION

    CENTRAL MINE PLANNING & DESIGN INSTITUTE LIMITEDREGIONAL INSTITUTE-VIIGRUHA NIRMAN BHAWAN, SACHIVALAYA MARG,

    BHUBANESWAR-1, ODISHA, INDIA

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    PART I

    NAME OF WORK : Generation of one season base lineenvironmental data ( Air, Water,Noise & Soil analysis) for one

    project of MJSJ Coal Limited, Angul ,Odisha .

    PLACE OF WORK : GOPALPRASAD OCP ,TALCHER ANDCOMMAND AREA OF MJSJ Coal Limited ,Angul.

    TENDER NOTICE No. : CMPDI/RI-VII/CIVIL/1895Dated 05.11.2011

    DATE & TIME OF SUBMISSION OF TENDER Up to 3.00 PM on 15.12.2011

    DATE & TIME OF OPENING OF TENDER : 3.30 PM on 15.12.2011

    DATE OF ISSUE OF TENDER DOCUMENT : From 21.11. 2011 to 12.12.2011

    NAME & ADDRESS OF THE COMPANY : Central Mine Planning & Design Institute LtdISSUING TENDER Regional Institute - VII, Gruha Nirman Bhavan,

    Sachivalaya Marg , Bhubaneswar-751001 , Odisha

    APPLICATION MONEY DEPOSITED VIDE CRNO/DRAFT NO : ________________________

    _________________________

    Signature of Issuing Authority

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    CONTENT

    S No Particulars Page No.

    1 Notice Invit ing Tender 1-5

    2 Detailed Tender Notice 6-9

    3 Check List of Documents submit ted 10-10

    4 Instruct ion to the Bidders 11-21

    5 Forms of Bid and Qualification information 22-24

    6 General Terms & Condit ions 25-37

    7 Special Terms & Condit ions 38-40

    8 Technical Specifications 41-45

    9 Agreement form, format of letter of acceptance 46-48

    10 Proforma of Bank guarantee for Secur ity Deposit. 49-49

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    NOTICE INVITING TENDER

    TENDER NOTICE NO. CMPDI/RI-VII/CIVIL/1895 Dated :05/11/2011

    1. Sealed Item Rate tenders in two parts are invited from reputed andexperienced agencies for the following works:

    Description of Work Location Period of CompletionGeneration of one season baseline environmental data for Air,Water, Noise & Soil analysis forthe 2 (Two) projects of MahanadiCoalfields Limited , Burla,Sambalpur , Odisha and one

    project of MJSJ Coal Limited ,Talcher , Odisha.

    1.BhubaneswariOpen Cast Project

    Jaganath Area,Talcher, Dist :Angul.2.Orient under

    ground Mine no.1,2 and 3 OrientArea, Dist :Jharsuguda ,Odisha.3. GopalprasadOpen Cast Project,Talcher , Dist :Angul.

    The validity period of contract is 6months.

    2. Earnest Money

    As specified in the Table at Sl. No. 3 below, the Earnest Money is to be deposited in the

    form of Bank Draft drawn in favour of CMPDI Ltd. Regional Institute, Bhubaneswar on

    any Scheduled Bank, payable at Bhubaneswar.

    3. Application fee for Tender Documents

    Interested bidders may participate in one or more than one project specified in the tablebelow. The bidder has to bid ( in Part-I and Part-II of the bid document as sold/downloaded from the website) separately for each group and accordingly depositapplication money (non-refundable) for each of them as specified in the table below,payable either in cash or by Bank Draft drawn in favour of CMPDI Ltd. Regional Institute,Bhubaneswar, on any Scheduled Bank payable at Bhubaneswar.

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    SN Description Estimated Value EarnestMoney

    Application Fee

    1 PROJECT:BHUBANESWARIAir,Water, Noise Data as perCPCB notification No.29016/20/90/PCI-L dated 18thNovember , 2009 , SoilAnalysis and analysis ofheavy metal in air such as

    Hg, Pb, Cr etc. ofBhubnaeswari OCP

    Rs.16,26,450.00 Rs. 16,265.00 Rs. 500.00

    2 PROJECT:GOPALPRASADAir, Water, Noise Data as perCPCB notification No.29016/20/90/PCI-L dated 18thNovember , 2009 , SoilAnalysis and analysis ofheavy metal in air such asHg, Pb, Cr etc. ofGopalprasad OCP

    Rs.16,26,450.00 Rs. 16,265.00 Rs. 500.00

    3 PROJECT: ORIENTAir ,Water, Noise Data as perCPCB notification No.29016/20/90/PCI-L dated 18thNovember , 2009 , SoilAnalysis and analysis ofheavy metal in air such asHg, Pb, Cr etc. of Orient U/Gmine no. 1,2 and 3.

    Rs.16,26,450.00 Rs. 16,265.00 Rs. 500.00

    4. Availability of Tender Documents

    Tender documents shall be available on payment, in the office of the Regional Director,CMPDI,RI-VII., Gruha Nirman Bhavan, Sachivalaya Marg, Bhubaneswar , 751001 (Odisha ) from 21.11.2011 to 12.12.2011 between 10.00 A.M to 4.00 PM on all workingdays .

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    Tender documents can also be obtained by downloading from the website ofCMPDI(http://www.cmpdi.co.in) and application fee for tender document should bedeposited along with the tender at the time of submission of tender document in the formof Demand Draft with Part- I (for details please see the tender documents on the website

    which will be available for downloading from 21.11.2011 to 12.12.2011). For those whoshall download the tender document from CMPDIs website, shall have to give thefollowing declaration under their signature.This is to certify that I/We have downloaded this tender document from CMPDIswebsite and is being submitted without any tampering on any page. Further, Weunderstand that in the event of any tampering being detected at any stage or at anytime, then in that case CMPDI has got the right to reject/ terminate this offer/ workand forfeit the EMD/ Security Deposit submitted by us and blacklist our firm.

    5. General Instruction for Submission of Tender

    (a)The intending tenderer must have in its name as a prime contractor, experience ofhaving successfully completed similar works(i.e. work of baseline data generationessentially comprising of air, water, noise and Soil ) during last 7 (seven) years, endinglast day of month previous to the one in which bid applications are invited. The eligibilitycriteria shall be the following:

    (i)Three similar completed works, each costing not less than the amount equal to 40% ofthe estimated value in one year( i.e. 40% of estimated value of the respective Project)

    Or(ii)Two similar completed works, each costing not less than the amount equal to 50% ofthe estimated value in one year( i.e. 50% of estimated value of the respective Project)

    Or(iii) One similar completed work costing not less than the amount equal to 80% of theestimated value in one year( i.e. 80% of estimated value of the respective Project)

    (iv) In case the bidder is not a prime contractor but a sub-contractor, the biddersexperience as sub-contractor will be taken into account if the contract in support ofqualification is a sub-contract in compliance with the provision of sub-contract in theoriginal contract awarded to prime contractor..

    (b) Average annual financial turnover of similar work during the last 3(three) years,endingon 31st March 2011 should be at least 30% of the estimated cost .

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    Note: Financial turnover and cost of completed works of previous works shall begiven a weightage of 5% per year (average annual rate of inflation) to bring them atcurrent price level .

    The intending tenderer must submit documentary evidence in support of the above (a&b)in

    the form of certified copy of the work order, completion certificate, payment certificatesvouchers indicating the period of work for which the payment has been made. In additionthe intending tenderer has to submit the following. These should all be submittedcomplete in all respect in the first instance itself and should be properly flagged foreasy retrieval.

    i) Permanent Income Tax Account Number

    ii) Particulars of registration/ clearance from the appropriate Provident Fund

    authorities, if applicable

    iii) Copy of PAN based Service Tax Registration Certificate as it is statutory

    requirement

    iv) Audited Account 2010-11(Profit & Loss A/c, Balance Sheet)

    v) Copy of the Audited Balance Sheet for the last 5(Five) years.

    vi) A declaration in support of the authenticity of the credential submitted by themalongwith the tender in the form of an affidavit.

    vii) To qualify , a tenderer must also have the following:

    Air, Water, Noise data & Soil analysis :-Bidders should own an Environmental

    Laboratory or have MOU with an Environmental Laboratory. The Environmental Laboratoryshould be duly accredited by Central Pollution Control Board (CPCB), New Delhi orMinistry of Environment & Forest (MoEF) or NABL(National Accreditation Board for Testingand Calibration Laboratories) or Concerned State Pollution Control Board (SPCB) having

    jurisdiction in the command area for which the bidder proposes to bid.

    Tenderer is required to submit his offer in sealed covers giving reference to this TenderNotice No. and date, containing offers in two parts; Part I & Part-- II as specified in theTender Document. The EMD is to be submitted in a separate envelope with Part-- I of thetender document. Part I & II should also be in sealed covers, clearly super scribing as

    Part-- I & Part--II on the respective envelopes (Name of the work shall be super scribed onthe left hand side of the covers). For detailed information, Tenderers are required to gothrough the DETAILED TENDER NOTICE/INSTRUCTION TO BIDDERS.

    Part-- II (Price Bid) envelopes will be opened only in respect of such tenderers as arefound valid after scrutiny of Part I .

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    6. Validity Period of Offer

    The validity of the tenders shall be 4 (four) months from the date of opening of price bid orrevised price bid, if any.

    The tenderer shall not, during the said period or within the period extended by mutual

    consent, revoke or cancel his tender or alter the tender on any terms/ conditions thereofwithout consent in writing of the Company.

    In case the tenderer violates to abide by this, the Company will be entitled to forfeit theearnest money and reject the tender.

    7. Receipt of TendersTenders shall be received in sealed covers upto 3.00 P.M. on 15.12.2011 in the office ofthe Regional Director, CMPDI,RI-VII., Gruha Nirman Bhavan, Sachivalaya Marg,Bhubaneswar , 751001 ( Odisha ).

    8. Opening of Tenders

    Part-I of Tenders will be opened at 3.30 PM on 15.12.2011 in the office of RegionalDirector, CMPDI, RI-VII., Gruha Nirman Bhavan, Sachivalaya Marg, Bhubaneswar ,751001 ( Odisha )

    9. The Company is not under any obligation to accept the lowest tender/tenders andreserves the right to reject any or all the tenders without assigning any reason whatsoever,and also to allot the work/works to more than one tenderer, at its sole discretion.

    HOD ( Civil)

    CMPDI, RI-VIICOPY TO-

    1. RD,RI-I, II, III, IV, V, VI & VII CMPDI For kind information.2. GM,MCL, Talcher, Jaganath,Bharatpur,Hingula , Ib-Valley ,Orient ,Lakhanpur,Basundhara-Garjanbahal Area3. GM (Env), CMPDI, HQ, Ranchi.4. GM (Env.), MCL, Burla , Sambalpur5. HOD(F) RI-VII,CMPDI, Bhubaneswar - For kind information

    6. CMPDI Exploration Camp Talcher, Kosla & Gopalpur.7. All Notice Board of RI-VII

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    DETAILED TENDER NOTICE

    1 Sealed tenders in prescribed forms and parts with the name of work superscribed asGeneration of one season base line environmental data for Air, Water, Noise & Soil analysisfor the one project of MJSJ Coal Limited ( Gopalprasad OCP ).on each of the envelope(videTender Notice No CMPDI/RI-VII/ Civil/ 1895dt05.11.2011) are invited from experienced contractors

    / companies / parties and shall be received at the office of Regional Director, CMPDI, RI-VII, Griha

    Nirman Bhavan , Sachivalaya Marg , Bhubaneswar ,Odisha , Pin-751001 up to 3.00 PM on dt15.12.2011. ,Part I of the tender shall be opened at 3.30 PM. on 15.12.2011 in the presence of theattending tenderers or their authorized representatives.

    2. Earnest Money Deposit (EMD)As specified in the Tender Notice, EMD is to be deposited in the form of Bank Draft drawn in favourof CMPDI Ltd. Regional Institute, Bhubaneswar. on any Scheduled Bank, payable at Bhubaneswar.The EMD deposited will be treated as part of Security Deposit.

    3. Price of tender documentInterested bidders may participate in one or more than one projects specified in the Tender Notice.The bidder has to bid ( in Part-I and Part-II of the bid document as sold/ downloaded from thewebsite) separately for each group and accordingly deposit the application money (non-refundable)

    for each of them as specified in the table below, payable either in cash or by Bank Draft drawn infavour of CMPDI Ltd. Regional Institute, Bhubaneswar on any Scheduled Bank payable atBhubaneswar..

    4.0 Availability of Tender Documents:

    Tender documents shall be available on payment, in the office of the Regional Director, CMPDI,RI-VII.,Gruha Nirman Bhavan, Sachivalaya Marg, Bhubaneswar , 751001 ( Odisha ) from 21.11.2011 to 12.12.2011between 10.00 A.M to 4.00 PM on all working days .

    Tender documents can also be obtained by downloading from the website of CMPDI(http://www.cmpdi.co.in)and application fee for tender document should be deposited along with the tender at the time of submissionof tender document in the form of Demand Draft with Part- I (for details please see the tender documentson the website which will be available for downloading from 21.11.2011 to 12.12.2011). For those who shalldownload the tender document from CMPDIs website, shall have to give the following declaration undertheir signature.This is to certify that I/We have downloaded this tender document from CMPDIs website and isbeing submitted without any tampering on any page. Further, We understand that in the event of anytampering being detected at any stage or at any time, then in that case CMPDI has got the right toreject/ terminate this offer/ work and forfeit the EMD/ Security Deposit submitted by us and blacklistour firm.

    5. General Instruction for Submission of Tender

    (a)The intending tenderer must have in its name as a prime contractor, experience of having successfullycompleted similar works(i.e. work of baseline data generation essentially comprising of air, water, noise andSoil ) during last 7 (seven) years, ending last day of month previous to the one in which bid applications areinvited. The eligibility criteria shall be the following:

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    (i)Three similar completed works, each costing not less than the amount equal to 40% of the estimatedvalue in one year( i.e. 40% of estimated value of the respective Project)

    Or(ii)Two similar completed works, each costing not less than the amount equal to 50% of the estimated valuein one year( i.e. 50% of estimated value of the respective Project)

    Or

    (iii) One similar completed work costing not less than the amount equal to 80% of the estimated value in oneyear( i.e. 80% of estimated value of the respective Project)

    (iv) In case the bidder is not a prime contractor but a sub-contractor, the bidders experience as sub-contractor will be taken into account if the contract in support of qualification is a sub-contract in compliancewith the provision of sub-contract in the original contract awarded to prime contractor..

    (b) Average annual financial turnover of similar work during the last 3(three) years,ending on 31st March2011 should be at least 30% of the estimated cost .

    Note: Financial turnover and cost of completed works of previous works shall be given a weightageof 5% per year (average annual rate of inflation) to bring them at current price level .

    The intending tenderer must submit documentary evidence in support of the above (a&b)in the form ofcertified copy of the work order, completion certificate, payment certificates vouchers indicating the period ofwork for which the payment has been made. In addition the intending tenderer has to submit the following.These should all be submitted complete in all respect in the first instance itself and should beproperly flagged for easy retrieval.

    i) Firm Registration details.

    ii)Sales Tax Clearance certificate wherever applicable.

    iii) Permanent Income Tax Account Numberiv) Particulars of registration/ clearance from the appropriate Provident Fund authorities, if applicable

    iii) Copy of PAN based Service Tax Registration Certificate as it is statutory requirement

    iv) Audited Account 2010-11(Profit & Loss A/c, Balance Sheet)

    w) Copy of the Audited Balance Sheet for the last 5(Five) years.

    vi) A declaration in support of the authenticity of the credential submitted by them alongwith the tenderin the form of an affidavit.

    vii) List of Technical Personnel and list of equipments

    To qualify , a tenderer must also have the following:

    Air, Water, Noise data & Soil analysis :-Bidders should own an Environmental Laboratory or have MOUwith an Environmental Laboratory. The Environmental Laboratory should be duly accredited by CentralPollution Control Board (CPCB), New Delhi or Ministry of Environment & Forest (MoEF) or NABL(NationalAccreditation Board for Testing and Calibration Laboratories) or Concerned State Pollution Control Board(SPCB) having jurisdiction in the command area for which the bidder proposes to bid.

    Tenderer is required to submit his offer in sealed covers giving reference to this Tender Notice No. and date,containing offers in two parts; Part I & Part-- II as specified in the Tender Document. The EMD is to besubmitted in a separate envelope with Part-- I of the tender document. Part I & II should also be in sealed

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    covers, clearly super scribing as Part-- I & Part--II on the respective envelopes (Name of the work shall besuper scribed on the left hand side of the covers). For detailed information, Tenderers are required to gothrough the DETAILED TENDER NOTICE/INSTRUCTION TO BIDDERS.

    Part-- II (Price Bid) envelopes will be opened only in respect of such tenderers as are found valid afterscrutiny of Part I .

    The tendershall consist of the following:

    i) Complete set of tender documents as sold /complete set of tender documents as downloadedfrom website(http://www.cmpdi.co.in), duly filled in and signed on all pages and at differentplaces as required of the tender documents including Part-- I and Part-- II of the tenders as perthe Tender Notice as applicable.

    ii) Earnest Money Deposit (as specified above)iii) All the information in compliance with Clause- 3 (Section-1), Qualification Information (Section-

    2) and the CHECK LIST.iv) Sealing & marking of bids as per Clause- 16 of Section 1- INSTRUCTION TO BIDDERS

    6. No tender shall be considered unless accompanied by the said non- refundable Application Money(for tenderers downloading from web site) and Earnest Money Deposit.

    7. Exemption of Earnest Money The tender shall be treated valid when accompanied with requisiteearnest money and a tender without Earnest Money shall be rejected outright except in such caseswhere prior approval for exemption has been granted by CMD of the Subsidiary Company/CMPDI orChairman, CIL .

    8. The earnest money will be retained in the case of successful tenderer and will be refunded to theunsuccessful tenderer in due course and will not carry any interest. The earnest money deposited bythe successful tenderer will be dealt with as provided elsewhere in the tender document.

    9. Every tenderer is expected, before quoting his rates, to go through the requirements of materials /workmanship under specification/requirements and conditions of contract and to inspect the site /area of the proposed work.

    10. The company reserves the right to postpone the date of receipt and opening of tenders or to cancelthe tenders without assigning any reason whatsoever.

    11. Validity Period of Offer

    The validity of the tenders shall be 4 (four) months from the date of opening of price bid or revisedprice bid, if any.The tenderer shall not, during the said period or within the period extended by mutual consent,revoke or cancel his tender or alter the tender on any terms/ conditions thereof without consent inwriting of the Company.In case the tenderer violates to abide by this, the Company will be entitled to forfeit the earnestmoney and reject the tender.

    12. Receipt of TendersTenders shall be received in sealed covers upto 3.00 P.M. on 15.12.2011 in the office of theRegional Director, CMPDI,RI-VII., Gruha Nirman Bhavan, Sachivalaya Marg, Bhubaneswar , 751001( Odisha ).

    13. Opening of TendersPart-I of Tenders will be opened at 3.30 PM on 15.12.2011 in the office of Regional Director,CMPDI, RI-VII., Gruha Nirman Bhavan, Sachivalaya Marg, Bhubaneswar , 751001 ( Odisha ).

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    14. No subletting of work as a whole by the contractor is permissible. Subletting of work in piece rated jobs is permissible with the prior approval of the department .The contract agreement will specifymajor items of supply or services for which the contractor proposes to engage sub contractor / subvendor. The contractor may from time to time propose any addition or deletion from any such list andwill submit proposal in this regard to the Engineer in- charge / Designated officer in charge forapproval well in advance so as not to impede the progress of work. Such approval of the Engineer-in- charge / Designated officer in charge will not relieve the contractor from any of his obligations,duties and responsibilities under the contract.

    15. This Detailed Tender Notice shall be deemed to be part of the contract agreement / work order.

    16. Matter relating to any dispute or differences arising out of this tender and subsequent contractawarded, based on the bid, shall be subject to the jurisdiction of Bhuhaneswar Court only.

    17. The company is not under any obligation to accept the lowest tender/tenders and reserves the rightto reject any or all the tenders without assigning any reason whatsoever, and also to distribute thework and allot the work/works to more than one tenderer, at its sole discretion.

    18. The rates quoted by the successful tenderer shall remain operative and firm.

    19. The period of completion of work, under a work order, would be as mentioned in that work order. .

    20. The quantities are approximate and may vary depending on site conditions..

    21. Work order can be issued, in phases, for one season baseline data generation (winter/ summer/ postmonsoon) as per requirement , within the validity period of the contract .

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    CHECKLIST FOR DOCUMENTS SUBMITTEDSl.No

    Particulars Reference to Clause no./Section no.

    SubmittedYES / NO

    Remarks ( if any)

    1 Application money & EMD in the prescribed mode &value...including the declaration defined therein.

    NIT (Clause no2,3&4).,Detail Tender Notice (Clauseno. 2,3&4), Clause no-

    13,Section-22 Copies of original documents defining legal status

    ,registration , written power of Attorney ..Clause no. 3.3(a),Section-1Clause no.1, Section 2

    3 Experience in work of similar nature and size of the last 7years

    Clause no.3.3(b),Section-1Clause no.3, Section 2

    4 The intending tenderer must have in its name as a primecontractor experience of having successfully completedsimilar works during last 7 (seven) years ..

    Clause no. 3.4 (a) Section 1Clause no-3, Section-2

    5 Own an Environmental Laboratory duly. accredited byCPCB/MOEF /NABL/Concerned SPCB or have MOU withsuch labs .

    Clause no.3.2(a) ,Section 1Clause no.14, Section 2

    6 Have own capability or MOU with Govt. recognizedUniversities/institution for

    Clause no.3.2(b)& (c),Section 1, Clause no 14.,

    Section 27 Major items of lab equipments relevant software, computers,sampling equipments .

    Clause no.3.3 (d),Section 1Clause no 9., Section 2

    8 Qualifications and experience of key management andtechnical personnel proposed for the contract.

    Clause no.3.3(e),Section 1Clause no 11, Section 2

    9 Reports on financial standing of bidder, such as profit andloss statement and auditors reports for the past five years.

    Clause no.3.4(f),Section 1Clause no 5., Section 2

    10 Evidence of possessing adequacy of working capital.

    Clause no.3.3(f),3.4(c)Section 1 Clause no 6.,Section 2

    11 Authority to seek references from the Bidders Bankers Clause no.3.3(g),Section 1Clause no 7., Section 2

    12 Proposed subcontractor and firms to be involved. Clause no 4., Section 2

    13 Permanent Income Tax Account Number Cl. No-5(i) of Detailed NIT,Clause no.3.3(i),3.4(c)-(i),Section 1 Clause no10,Section 2

    14 Declaration on ban of firm, if any, by Govt./quasi Govt./ PSUs Clause no.3.3(g),Section 1

    15 Information on more than one company bidding as jointventure.

    Clause no.3.3(k),Section 1Clause no-2, Section-2

    16 All pages of tender documents including all sections of Part I(Section 1 to Section7), NIT, Detailed Tender Notice, Part II(Price Bid)... signed/ authenticated

    Clause no-15, Section-2

    17 Particulars of registration/ clearance from the appropriateProvident Fund authorities, if applicable.

    Cl. No-5(ii) of Detailed NIT,Clause no. 3.4 (c)-(ii) ofSection 1

    18 Annual financial turnover Cl.no. 3.4 (b),Section 1

    Bidders are advised to fill up the CHECK LIST and verify that all the information required, have been furnished. Non-submission of documents/information as per list given in the CHECK LIST will be considered as a non-responsive bidand will be rejected.

    Signature of TendererDt.

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    SECTION - 1

    INSTRUCTIONS TO BIDDERS1. SCOPE OF TENDERER

    1.1 The Central Mine Planning & Design Institute Ltd (referred to as Employer in these documents)invites bids for the Generation of one season base line environmental data for air, water, noise &soil analysis for one project of Mahanadi Coalfields Limited, Sambalpur and other Organisations,

    detailed in the table given in the Notice Inviting Tender (NIT). The tenderers may submit tenders forany or all of the works (packages or slices) detailed in the NIT.

    2. ELIGIBLE TENDERERS

    2.1 The invitation for bids is opened to all bidders eligible to participate as per qualifying criteria laiddown separately hereinafter.

    2.2 Joint venture: Two or three companies / contractors may jointly bid for the work. Each entity will bejointly responsible for completing the task as per the contract.

    3. QUALIFICAITON OF THE TENDERERS:

    3.1 a) Bidders are advised to fill up the CHECK LIST and verify that all the information required, havebeen furnished. Non- submission of documents/information as per list given in the CHECK LIST willbe considered as a non-responsive bid and liable to be rejected.

    b) All bidders shall provide in Section 2 Forms of Bid and Qualification, information, and a preliminarydescription of the proposed work method.

    3.2 To qualify in the concerned group, a tenderer must have the followinga) ( Air, Water, Noise data & Soil analysis) :-Bidders should own an Environmental Laboratory or have

    MOU with an Environmental Laboratory. The Environmental Laboratory should be duly accredited byCentral Pollution Control Board (CPCB), New Delhi or Ministry of Environment & Forest (MoEF) orNABL(National Accreditation Board for Testing and Calibration Laboratories) or Concerned StatePollution Control Board (SPCB) having jurisdiction in the command area for which the bidderproposes to bid.

    3.3 All bidders shall include the following information and documents with their bids in Section-2 andelsewhere as required (copies of all documentary evidences are to be duly authenticated by theconstituted attorney of the tenderer with full signature and seal. All signed declarations are to bemade in the tenderers letterhead).(a) Copies of original documents defining constitution or legal status, place of registration, and

    principal place of business; written power of attorney of signatory of the bid to commit thebidder.

    (b) Experience in work of similar nature and size for each of the last seven years , and details ofwork under way or contractually committed and the name and address of clients who may becontacted for further information on those contracts

    (c ) Application Money & EMD in the desired mode as per NIT & Detail Tender Notice.(d) Major items of lab equipments (such as AAS/ICP), relevant software, computers, sampling

    equipments etc.(e) Qualifications and experience of key management and technical personnel proposed for the

    contract. .(f) In support of evidence of adequacy of working capital(at least 20% of the annualized value

    of the work) for this contract ,the bidder should submit a certificate of solvency/access tolines of credit and availability of other financial resources. Such certificate shall be datedwithin three months before the date of tender opening.

    (g) Authority to seek references from the Bidders Bankers;(h) Prior approval in writing of the company shall be obtained before any change is made in the

    constitution of the contracting agency otherwise it shall be treated as breach of contract..

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    (i) Permanent Income Tax Account No. (PAN)(j) The bidders would give a declaration that they have not been banned by any Govt. or Quasi

    Govt. Agencies or PSUs. If a bidder has been banned by any Govt. or Quasi-Govt.Agencies or PSUs that fact must be clearly stated and it may not necessarily be a cause fordisqualification. If this declaration is not given, the bid will be rejected as non-responsive.

    (k) Two or three companies/contractors participating in the bid as Joint Venture should submitfirm wise participation details, bankers name, execution of work with details of contributionof each and all other relevant details.

    (l) Proposals for subcontracting components of the works, amounting to more than 10 percentof the contract price.

    [Note: The intending tenderer will have to submit a declaration in support of the authenticity of thecredential submitted by them alongwith the tender in the form of an affidavit.

    3.4 To qualify for award of the contract:(a)The intending tenderer must have in its name as a prime contractor, experience of having successfully

    completed similar works(i.e. work of baseline data generation essentially comprising of air, water, noise andSoil ) during last 7 (seven) years, ending last day of month previous to the one in which bid applications areinvited. The eligibility criteria shall be the following:

    (i)Three similar completed works, each costing not less than the amount equal to 40% of the estimated

    value in one year( i.e. 40% of estimated value of the respective Project)

    Or(ii)Two similar completed works, each costing not less than the amount equal to 50% of the estimated valuein one year( i.e. 50% of estimated value of the respective Project)

    Or(iii) One similar completed work costing not less than the amount equal to 80% of the estimated value in oneyear( i.e. 80% of estimated value of the respective Project)

    (iv) In case the bidder is not a prime contractor but a sub-contractor, the bidders experience as sub-contractor will be taken into account if the contract in support of qualification is a sub-contract in compliance

    with the provision of sub-contract in the original contract awarded to prime contractor..

    (b) Average annual financial turnover of similar work during the last 3(three) years,ending on 31st March2011 should be at least 30% of the estimated cost .

    Note: Financial turnover and cost of completed works of previous works shall be given a weightageof 5% per year (average annual rate of inflation) to bring them at current price level .

    The intending tenderer must submit documentary evidence in support of the above (a&b)in the form ofcertified copy of the work order, completion certificate, payment certificates vouchers indicating the period ofwork for which the payment has been made. In addition the intending tenderer has to submit the following.These should all be submitted complete in all respect in the first instance itself and should beproperly flagged for easy retrieval.

    v) Permanent Income Tax Account Number

    vi) Particulars of registration/ clearance from the appropriate Provident Fund authorities, if applicable

    iii) Copy of PAN based Service Tax Registration Certificate as it is statutory requirement

    iv) Audited Account 2010-11(Profit & Loss A/c, Balance Sheet)

    V) Copy of the Audited Balance Sheet for the last 5(Five) years.

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    3.5 Sub contractors experience and resources will not be taken into account in determining the bidderscompliance with qualifying criteria.

    3.6 Bidders who meet the minimum qualification criteria will be qualified only if their available bidcapacity is more than the total bid value . The available bid capacity will be calculated as under:

    Assessed available bid capacity = (A x N x 2 - B)

    Where , A- Maximum value of works executed in any one year during the last five years (updatedto current level) taking into account the completed as well as works in progress.

    N - Number of years prescribed for completion of the works for which bids are invited.

    B Value at current price level of existence commitments and on-going works to be completedduring the next 24 months (Period of completion of the works for which the bids are invited)Note- The statements showing the value of existing commitments and on going works as well asthe stipulated period of completion remaining for each of the works listed should be countersignedby the Engineer In Charge not below the rank of Executive engineer.Note: The system of determination of bid assessment capacity as above will be used onlyin case of works whose value in any single work order is more than Rs. 1crore (Rupees onecrore) .

    3.7 Even though the bidders meet the above qualifying criteria; they are subject to be disqualified ifthey have made misleading or false representations in the forms, statements and attachmentssubmitted in proof of the qualification requirements.

    4. ONE BID PER BIDDER

    4.1 Each bidder shall submit only one bid for a particular Project of work, either individually, or as apartner in a partnership firm or a partner in a joint venture or a public limited firm. A bidder whosubmits or participates in more than one bid (other than as a subcontractor or in cases ofalternatives that have been permitted or requested) will cause all the proposals with the biddersparticipation to be disqualified.

    5. (a)COST OF BIDDING :- The bidder shall bear all costs associated with the preparation andsubmission of his bid, and the Employer will in no case be responsible or liable for those costs.

    (b)SITE VISIT : (i)The bidder at the bidders own responsibility , cost & risk , is encouraged to visitand examine the site of works and its surroundings and obtain all information that may be necessaryfor preparing the bid and entering into contract for the proposed work. The cost of visiting the siteshall be at the bidders own expense.

    (ii) It shall be deemed that the bidder has visited the site / area and got fully acquainted with theworking conditions and other prevalent conditions and fluctuations thereto whether he actually visitsthe site/ area or not and has taken all the factors into account while quoting his rates.

    6. CONTENT OF BIDDING DOCUMENTS

    6.1 The set of bidding documents comprises the documents listed below and addenda issued inaccordance with Clause 8Part - I:

    Notice Inviting TenderDetailed Tender NoticeChecklist of Documents Submitted

    Section 1 Instruction to BiddersSection 2 Forms of Bid and Qualification Information;Section 3 General Terms and Conditions

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    Section 4 Special Terms and Conditions.Section 5 Technical Specifications including Scope of Work..Section 6 Form of Article of Agreement.Section 7 Bank Guarantee Format

    Part IIBill of Quantity.

    7. CLARIFICATION OF BIDDING DOCUMENTS

    7.1 A prospective bidder requiring any clarification of the bidding documents may notify the employer inwriting or by cable (cable includes telex and facsimile) at the Employers address indicated in theNotice Inviting Tender. The Employer will respond to any request for clarification received earlierthan 15 days prior to the date for the submission of bids. Copies of the Employers response will beforwarded to all purchasers of the bidding documents, including a description of the inquiry butwithout identifying its source.

    7.2 A pre-bid meeting may be held, if necessary, on 07.12.2011 at 11.00 A.M. hrs. at the office ofRegional Director, CMPDI ,RI-VII, Gruha Nirman Bhavan, Sachivalaya Marg, Bhubaneswar , 751001( Odisha ). to clarify the issues and to answer questions on any matter that may be raised at thatstage.

    8. AMENDMENT OF BIDDING DOCUMENTS

    8.1 Before the deadline for submission of bids, the Employer may modify the bidding documents byissuing addenda.

    8.2 Any addendum thus issued shall be part of the bidding documents and shall be communicated inwriting or by cable to all purchasers of the bidding documents. Prospective bidders shallacknowledge, receipt of each addendum, by cable to the Employer.

    8.3 To give prospective bidders reasonable time, in which to take an addendum into account, inpreparing their bids, the Employer shall extend, as necessary, the deadline for submission of bids inaccordance with Sub-clause 17.2 below and the same will also to be communicated simultaneously

    to all the purchasers of Bidding Document.

    9. LANGUAGE OF BIDAll documents relating to the bid shall be in English .

    10. DOCUMENTS COMPRISING THE BID

    10.1 The bid, comprising of two parts, will be submitted by the bidder as follows:

    a. Part-- I of the bid to be submitted in 1st

    inner sealed envelope comprising of

    (i) Bid security/earnest money deposit.(ii) Letter of the bidder submitting the bid in the form as stipulated in Contractors bid of

    Section 2 and(iii) Qualification information as indicated in Section 2 and documents as required in

    accordance with stipulations of Section 2 and any other material required to becompleted and submitted by bidder in accordance with these instructions.

    (iv) Complete set of bidding documents as given in Clause 6.1 of this section duly signed onall pages, by authorized signatory of the bidder, as proof of accepting the conditions ofthe contract.

    b. Part-II of the bid to be submitted in the 2nd

    inner sealed envelope comprising of Priced Bill ofQuantities.

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    c. Both the inner sealed envelopes will then be placed in one outer envelope, sealed and markedproperly as per Clause 16 and submitted to the Employer at its address, before the deadline forsubmission of the bid as described in Clause 17.

    11. BID PRICES

    11.1 The bidder shall quote rate for each module separately.

    11.2 The bidder shall fill in rates and prices for all items of the works described in the Bill of Quantities.Corrections, if any, shall be made by crossing out, initialing, dating and rewriting. Overwriting shouldbe avoided, and instead, corrections be made wherever required as per above.

    11.3 All duties taxes, and other levies payable by the bidder under the contract, or for any other causes,as applicable on the last date of submission of tender, shall be included in the rates, prices and thetotal Bid Price submitted by the bidder. All incidentals, overhead, etc. as may be attendant uponexecution and completion of works shall also be included in the rates, prices and total Bid Pricesubmitted by the bidder.However, such duties, taxes, levies etc. which is notified after the last date of submission of tenderand / or any / increase over the rate existing on the last date of submission of tender shall be re-imbursed by the company on production of documentary evidence in support of payment actuallymade to the concerned authorities.

    11.4 The rates quoted by the bidder shall be fixed for the duration of the contract and shall not be subjectto variations on any account.

    11.5 The bidder is to ascertain existence of any force- majeure condition at the place of operation of thebids and will categorically specify them in his bid stating whether they have taken into considerationin their quotation.

    12. CURRENCIES OF BID AND PAYMENT

    12.1 The unit rates shall be quoted by the bidder entirely in Indian rupees.

    13. BID VALIDITY

    13.1 The validity of the tenders shall be 4 (four) months from the date of opening of price bid or revisedprice bid, if any.

    The tenderer shall not, during the said period or within the period extended by mutual consent,revoke or cancel his tender or alter the tender on any terms/ conditions thereof without consent inwriting of the company.In case of the tenderer violates to abide by this, the company will be entitled to forefeet the earnestmoney and reject the tender.

    13.2 In exceptional circumstances, prior to expiry of the original time limit, the employer may request thatthe bidders may extend the period of validity for a specified additional period. The request and thebidders responses shall be made in writing or by cable. A bidder may refuse the request withoutforfeiting his bid security. A bidder agreeing to the request will not be required or permitted to modify

    his bid but will be required to extend the validity of his bid security for a period of the extension, and incompliance with Clause 14 in all respects.

    14. BID SECURITY/EARNEST MONEY DEPOSIT

    14.1 The bidder shall furnish, as part of his bid, a Bid Security/Earnest Money in the amount as shown inthe NIT. Bid Security/EMD will be required to be deposited in the form of irrevocable BankGuarantee( from Scheduled Bank/branch acceptable to the owner) with validity 28 days beyond thevalidity of the bid in the format given in the bid document. Certified cheques and Demand Drafts willalso be acceptable as Bid Security / Earnest Money drawn in favour of CMPDI Ltd. RegionalInstitute, Ranchi on any Scheduled Bank payable at its branch at Ranchi.

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    14.2 Any bid not accompanied by an acceptable Bid Security / EMD shall be rejected by the employer as

    non-responsive.

    14.3 The Bid Security / EMD of the unsuccessful bidder shall become refundable. The unsuccessfulbidder for this purpose means the bidders who have not qualified for opening of Part-II (Price Bid)and those who have not emerged as L1 tenderer after opening of Price Bid.

    14.4 The Bid Security / EMD of the successful bidder will be discharged when the bidder has signed theagreement and furnished the required Performance Security / Security Deposit.

    14.5 The Bid Security / Earnest Money may be forfeited:(a) If the bidder withdraws the bid after bid opening during the period of bid validity; or(b)in the case of a successful bidder , if the bidders fails within the specified time limit to

    i) Sign the agreement; orii) Furnish the required performance Security / Security Deposit.

    (c) If the bidder does not accept the correction of the bid price pursuant to Clause 24 of ITB.

    14.6 The Bid Security deposited with the Employer will not carry any interest.

    15. FORMAT AND SIGNING OF BID

    15.1 The bidder shall prepare the bidding documents comprising the bid as described in Clause 10 ofthese Instruction to Bidders.

    15.2 All documents of the bid shall be typed or written in indelible ink and shall be signed by a person orpersons duly authorized to sign on behalf of the bidder, pursuant to Sub-clauses 3.3(a). All pages ofthe bid document shall be initialed by the person or persons signing the bid.

    15.3 The bid shall contain no alterations, or additions, except those to comply with instructions issued bythe Employer, or as necessary to correct errors made by the bidder, in which case such correctionsshall be initialed by the person or persons signing the bid. Erasing or overwriting in the bid documentmay disqualify the bidder.

    16. SEALING AND MARKING OF BIDS

    16.1 The bidder shall seal the bid in two inner envelopes and one outer envelope, duly marking the innerenvelopes in the following manner:

    1st

    inner sealed envelope will be marked Part I Bid for generation of one season base lineenvironmental data for * project of Mahanadi Coal Fields Limited or MJSJ Limited (Gopalprasad OCP )comprising Bid Security / EMD with qualification information.

    2nd

    inner sealed envelope will be marked as Part II Price bid for generation of one season baseline environmental data for *.. project of Mahanadi Coal Fields Limited or MJSJ Limited (Gopalprasad OCP )

    Outer sealed envelope will be marked as Bidding documents for generation of one season base lineenvironmental data for *.. project of Mahanadi Coal Fields Limited ( Bhubaneswari Project /Orient ) or MJSJ Limited ( Gopalprasad OCP )

    *Bhubnaeswari OCP or Orient U/G Mines

    16.2 The inner envelopes, placed in outer envelopes, shall:a. Be addressed to the Employer at the following address:

    Central Mine Planning & Design Institute Ltd , Regional Institute-VIII, , Gruha Nirman Bhavan, SachivaBhubaneswar , 751001 ( Odisha )

    And

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    b. Inner and outer envelopes will bear the following additional identification:- Bid for generation of one season base line environmental data for *..for the projects of

    Mahanadi Coal Fields Limited ( Bhubaneswari Project / Orient ) or MJSJ Limited ( GopalprasadOCP ).- Bid Reference No CMPDI/RI-VII/CIVIL/1895 dt 05.11.2011- DO NOT OPEN BEFORE 15.30 HRS IST on 15.12.2011

    * Project(Bhubaneswari OCP ) or Project (Orient U/G Mines ) - appropriate group as applicable to bementioned.

    16.3 In addition to the identification required in Sub-clause 16.2, the inner and outer envelopes shallindicate the name and address of the bidder.

    16.4 If the outer envelope is not sealed and marked as above, the Employer will assume no responsibilityfor the misplacement or premature opening of the bid.

    17. DEADLINE FOR SUBMISSION OF BIDS

    17.1 Bids shall be delivered to the Employer at the address specified above not later than 15.12.2011upto 3.00 PM. In the event of the specified date for the submission of bids being declared a holiday

    for the Employer, the bids will be received up to the appointed time on the next working day.17.2 The Employer may extend the deadline for submission of bids by issuing an amendment in

    accordance with Clause 8, in which case all rights and obligations of the Employer and the bidderspreviously subjected to the original deadline, will then be subject to the new deadline.

    18. LATE BIDS

    18.1 Any bid received by the Employer after the deadline prescribed in Clause 17 due to any reasonwhatsoever will not be accepted.

    19. MODIFICATIONS AND WITHDRAWAL OF BIDS

    19.1 Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed

    in Clause 17 in case the bidder has submitted the bid well before the deadline.19.2 Each bidders modification or withdrawal notice shall be prepared, sealed, marked and delivered inaccordance with the provisions of Clause 10,15,16 and 17, with the outer and inner envelopesadditionally marked MODIFICATION or WITHDRAWAL, as appropriate.

    19.3 No bid may be modified after the deadline for submission of bids.19.4 Withdrawal of a bid between the deadline for submission of bids and the expiration of the period of

    bid validity specified in the bidding document may result in the forfeiture of the Bid Security pursuantto Clause 13.

    20. BID OPENING

    20.1 The Employer will open the bids, including modification made pursuant to Clause 19, in the presenceof the bidders or their representatives who choose to attend, at the time and place specified inClause 17. In the event of the specified date of bid opening being declared a holiday by theEmployer, the bids will be opened at the appointed time and location on the next working day,

    20.2 Envelopes marked WITHDRAWAL shall be opened and read out first. Bids for which an acceptablenotice of withdrawal has been submitted pursuant to Clause 19 shall not be opened.

    20.3 The bidders names, the bid prices, the total amount of each bid and of any alternative bid (ifalternatives have been requested or permitted), any discounts, bid modifications and withdrawals,the presence or absence of Bid Security, and such other details as the Employer may considerappropriate will be announced by the Employer at the opening.

    21. PROCESS TO BE CONFIDENTIAL

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    21.1 Information relating to the examination, clarification, evaluation and comparison of bids andrecommendations for the award of a contract shall not be disclosed to bidders or any other personnot officially concerned with such process, until the award to the successful bidder has beenannounced. Any effort by a bidder to influence the Employers processing of bids or award decisionsmay result in the rejection of his bid.

    22. CLARIFICATION OF BIDS

    22.1 To assist in the examination, evaluation and comparison of bids, the Employer may, at theEmployers discretion, ask any bidder for clarification of the bidders bid, including additionaldocuments / breakdowns of unit rates. The request for clarification and the response shall be inwriting or by cable, telex, or facsimile.

    23. EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS

    23.1 Prior to the detailed evaluation of bids, the employer will determine whether each bid.a. Meets the eligibility criteria defined in Clause 3;b. Has been properly signed;c. Is accompanied by the required Application Money& EMDd. Is substantially responsive to the requirements of the Bidding Documents.e Whether all the information / documents as per Clause no. 6.1 & CHECKLISTS has been f

    furnished

    23.2 A substantially responsive bid is one, which conforms to all terms, conditions, and specifications ofthe Bidding Documents without material deviation or reservation. A material deviation or reservationis onea. Which affects in any substantial way the scope, quality, or performance of the work;b. Which limits in any substantial way, inconsistent with the Bidding Documents, the

    Employers rights or the bidders obligations under the contract; orc. Whose rectification would affect unfairly the competitive position of other bidders presenting

    substantially responsive bids.

    23.3 If a bid is not substantially responsive, it may be rejected by the Employer at its sole discretion.

    24. CORRECTION OF ERRORS

    24.1 Bids determined to be substantially responsive will be checked by the employer for any arithmeticalerrors. Errors will be corrected by the Employer as follows:a. Where there is a discrepancy between the amounts in figures and in words, the amounts in

    words will govern; andb. Where there is a discrepancy between the unit rate and the line item total resulting from

    multiplying the unit rate by the quantity, the unit rate as quoted will govern.c. Discrepancy in totaling or carry forward in the amount quoted by the contractor shall be

    corrected.The tendered sum so corrected and altered shall be substituted for the sum originally tenderedand considered for acceptance, instead of the original sum quoted by the tendered along withother tender/tenders. Rounding off to the nearest rupee shall be done in the final summary ofthe amount instead of in totals of various sections of the offer.

    24.2 The amount stated in the bid will be adjusted by the Employer in accordance with the aboveprocedure for the correction of errors and, shall be considered as binding upon the bidder.

    25. EVALUATIONS AND COMPARISON OF BIDS

    25.1 The Employer will evaluate and compare only the bids determined to be substantially responsive inaccordance with Clause 23.

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    25.2 In evaluating the bids, the employer will determine for each bid, the evaluated Bid Price by adjustingthe Bid Price as follows.a. Making any correction for errors pursuant of Clause 24.b. Making appropriate adjustments to reflect discounts or other price modifications offered in

    accordance with Clause 19.

    25.3 The Employer reserves the right to accept or reject any variation, deviation, or alternative offer.Variations, deviations, and alternative offers and other factors that are in excess of the requirements

    of the Bidding Documents or otherwise result in unsolicited benefits for the bidder, shall not be takeninto account in bid evaluation and award of work.

    26. AWARD CRITERIA

    26.1 Subject to Clause 27, the Employer will award the contract to the bidder whose bid has beendetermined to be substantially responsive to the Bidding Documents and who has offered the lowestevaluated Bid Price, provided that such bidder has been determined to be:

    a. Eligible in accordance with the provisions of Clause 2 andb Qualified in accordance with the provisions of Clause 3 and Clause no. 6.1

    Acceptance of offer issued by the company need not be accepted by the tenderer. But the tenderer

    should acknowledge a receipt of order within 15 days of mailing of work order and any delay inacknowledging the receipt will be breach of the contract and compensation for the loss caused bysuch breach will be recovered by the company by forfeiting Earnest Money Deposit / Bid Bond.

    27. EMPLOYERS RIGHT TO ACCEPT ANY BID AND NEGOTIATE

    It is not obligatory to recommend the work to the lowest tenderer in all cases and there will be nopost tender negotiation with L 1,except in certain exceptional situations. Such exceptional situationwould include, procurement of proprietary items, items with limited sources of supply and itemswhere there is suspicion of a cartel formation. The justification and details of such negotiationsshould be duly recorded and documented without any loss of time.

    28. NOTIFICATION OF AWARD AND SIGNING OF AGREEMENT

    28.1 The bidder, whose bid has been accepted, will be notified of the award by the Employer prior toexpiration of the bid validity period by cable, telex, or facsimile confirmed by registered letter. Thisletter (hereinafter and in the Conditions of Contract called the Letter of Acceptance) will state thesum that the Employer will pay the Contractor in consideration of the execution, completion andmaintenance of Works by the Contractor as prescribed by the Contract (hereinafter & in the Contractcalled the Contract Price)

    28.2 The notification of award will constitute the formation of the Contract, subject only to the furnishing ofa Performance Security / Security Deposit in accordance with Clause 29.

    28.3 The agreement will incorporate all agreements, between the Employer and the successful bidder,within 21 days following the notification of award along with the Letter of Acceptance.

    29. PERFORMANCE SECURITY / INITIAL SECURITY DEPOSIT

    29.1 Security Deposit shall consist of two parts:

    (a) Performance Security to be submitted at the time of award of contract. and(a) Retention money to be recovered from running bills.The security deposit shall bear no interest.

    29.2 Performance security shall be 5% of the contract amount, and is to be submitted within 28 days ofreceipt of LOA, by the successful bidder, in any of the form given below:

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    A Bank Guarantee in the form given in the Bid Document

    Govt. Securities, FDR or any other form of deposit stipulated by the owner.

    Demand Draft drawn in favour of CMPDI Ltd. Regional Institute, Bhubaneswar on anyScheduled Bank payable at its branch at Bhubaneswar.

    The Earnest Money / Bid Security deposited shall be discharged when the bidder has signed theagreement and furnished the required Performance Security / Security Deposit equivalent to the 5%of the contract value..If performance security is provided by the successful bidder in the form of Bank Guarantee it shall

    be issued either (a) at bidders option by a Nationalized / Scheduled Indian Bank or(b) by a foreign bank located in India and acceptable to the employer.(c ) the validity of the Bank Guarantee shall be for a period of ninety days beyond the contract

    period.

    Failure of the successful bidder to comply with the requirement as above shall constitute sufficientground for cancellation of the award of work and forfeiture of the Bid Security.

    29.3 Retention money will be deducted at 5% from the bill that would be submitted by the contractor forthe work done against the work order given in that particular year.

    29.4 Retention money of 5% deducted from the bills shall be refunded after final approval, by MoEF, of EIA

    / EMP Report prepared on the baseline data generation report, against the work order for thatparticular year OR three years from acceptance of final report, whichever is earlier.

    29.5 The Company shall be at liberty to deduct / appropriate from the Security Deposit such sums as aredue and payable by the contractor to the Company as may be determined in terms of the contract,and the amount appropriated from the Security Deposit shall have to be restored by furtherdeduction from the contractors subsequent on account running bills, if any.

    The refund of Security Deposit shall be subject to Companys right to deduct / appropriate its dueagainst the contractor under this contract or under any other contract.

    29.6 Failure of the successful bidder to comply with the requirements as above shall constitute sufficientgrounds for cancellation of the award and forfeiture of the Bid Security.

    30. EMPLOYMENT OF LOCAL LABOUR

    30.1 Contractors are to employ, to the extent possible, only local project affected people and pay wagesnot less than the minimum wages fixed by the local Government.

    30.2 If a contractor submit his bid, qualifies, and does not get the contract because of his being not thelowest, he will be prohibited from working as a sub-contractor for the contractor who is executing thecontract.

    31. LEGAL JURISDICTION

    31.1 Matter relating to any dispute or difference arising out of this tender and subsequent contractawarded based on the bid shall be subject to the jurisdiction of Ranchi Court applicable to theawarding authority only.

    32. DEEMED EXPORTS

    32.1 If the bidder has quoted any item/ items under the deemed exports then it will be the responsibility ofthe bidder to get all the benefit under deemed exports from the Government. The Companysresponsibility shall only be limited to the issuance of required certificates. The quotation of the bidderwill be unconditional and phrases like Subject to availability of deemed exports benefit will not findplace in it.

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    33. CONSULTANTS NOT TO BID & VICE-VERSA:

    33.1 A firm which has been engaged by the Company to provide Goods or Works for a project or any ofits affiliates will be barred from providing consultancy services for the same project. Conversely, afirm hired to provide consultancy services for the preparation or implementation of a project and anyof its affiliates will be barred from subsequently providing Goods or Works or services related to theinitial assignment for the same project.

    34. SUB-CONTRACTOR / SUB-VENDOR:

    34.1 The contract agreement will specify major items of supply of services for which the contractorproposes to engage Sub-Contractor / Sub-Vendor. The contractor may from time to time proposeany addition or deletion from any such list and will submit the proposals in this regard to theEngineer- in- Charge/Designated Officer- in- Charge for approval well in advance so as not toimpede the progress of work. Such approval of the Engineer in Charge / Designated Officer will notrelieve the contractor from any of his obligation, duties and responsibilities under the contract.

    34.2 If a contractor submits his bid, qualifies and does not get the contract because of his not being thelowest, he will be prohibited from working as a sub-contractor for the contractor who is executing thework.

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    SECTION 2

    FORMS OF BID AND QUALIFICATION INFORMATION

    (To be filled by the Bidders)CONTRACTORS BID

    Sub: BID for the Work.

    To:---------------------------------------------------------------------------------------------------------------------------------Dear Sir,

    We offer to execute the works described above in accordance with the Conditions of Contract accompanyingthe Bidding Document issued to us. The Bid Security/Earnest Money in accordance with the NIT andInstructions to Bidders amounting to Rs (In figures) (In words) in the form as stipulated in Clause 14 of theInstructions to Bidders is enclosed herewith (to be filled in by the Bidder).

    This Bid and your written acceptance of it shall constitute a binding contract between us. We understand thatyou are not bound to accept the lowest or any Bid you receive.

    We hereby confirm that this Bid complies with the Bid validity and Bid security required by the Biddingdocuments. We also confirm that E.M.D. and other required documentary evidences related to this part ofthe Bid are enclosed ( as listed below ) herewith either in original/ copies attested by Gazetted Officer/ copiesduly authenticated by us with signature and seal.

    Yours faithfully.

    Authorized Signature: Name and Title of the Signatory: ..

    Name of the Bidder:. (The Contractor/Party)Address..Date...

    Enclosed i) E.M.D. of Rs vide dt.ii)iii)iv)v)

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    FORMS OF BID AND QUALIFICATION INFORMATION

    QUALIFICATION INFORMATION(In sealed cover)

    (The information to be submitted by the Bidders)

    1. Constitution or Legal status of Bidder (attach copy)

    Place of registration: -------------------------------------Principal place of business: ------------------------------Power of Attorney of signatory Bid: (attach)

    2. Two or three companies/contractors participating in the bid as Joint Venture should submit firm wiseparticipation details, bankers name, execution of work with details of contribution of each and allother relevant details.

    3. Details of experience for similar nature and complexity of work use a separate statement for eachcontract.

    1. Number of contract:

    Name of contract:2. Name of the employer:3. Employers address:

    4. Nature of work and special features if any:5. Contractors role (check one)

    1. Sole contractor 2. Sub-contractor 3. Partner in Joint venture6. Value of the total contract7. Date of award:

    8. Date of completion9. Specified requirements:

    A) Equipment:

    4. Proposed sub-contractors and firms to be involved:

    Section of work Value of sub-contract Sub-contractor(Name & Address)

    Experience in similarworks

    5 Financial reports of the last five years : balance sheets profit and loss statement, auditors report etc. (copies to be submitted and the following format to be filled up )

    Financial information in Rs. Actual : Previous five years Projected: Next two years1 2 3 4 5 6 7

    1. Total assets2.Current assets

    3. Total liabilities4. Current liabilities5.Profits before tax

    6. Profits after tax

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    6. Evidence of access to financial resources to meet the qualification requirements: Cash in hand, lines

    of credit and other financial means etc. sufficient to meet the construction cash flow (copies to besubmitted and the following format to be filled up)

    Source of financing Amount in Rs.

    1.2.

    7. Details of the Bankers

    Banker Name of the Banker

    Address of the Banker

    Telephone Contact name and title

    Fax Telex

    8. Details of the major sampling and laboratory equipment to be used for the work:

    SL.No. Equipment type and capacity Make and model Minimum number1

    9. The bidder should provide full details of laboratory personnel, workshop personnel including fitters,mechanics, machinists etc.

    10. Permanent Income Tax Account No. (PAN).

    11. TECHNICAL RESOURCES(a) List of key management & technical personnel available with the tenderer,

    with their qualification and experiences.

    12. ACCREDITION OF LABORATORY / MOU as per requirement of Clause no. 3.2 (Section 1).

    13. DETAILS OF EARNEST MONEY / PERFORMANCE SECURITY

    Deposit of Earnest money by:Draft No:Drawn on:Amount(Rs):

    14 OTHER DETAILSAll the information /documents as per Clause no. 6.1 &CHECKLISTS

    15. Acceptance by the bidder of conditions of contract as per Tender Documents (attach signed copiesof the bid document issued to them along with the tender as proof of acceptance).

    _____________________Signature of the bidder

    NOTE : Separate sheets may be attached to furnish details, if necessary.

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    SECTION 3

    GENERAL TERMS AND CONDITIONS

    1.0 DEFINITIONS:

    i. The word Company or Employer or Owner or Client wherever occurs in theconditions, means the Central Mine Planning & Design Institute Limited, represented at

    the headquarters of the Company by the General Manager (Env.) or Regional Directorsof the respective Institute or their authorized representatives or any other officerspecially deputed for the purpose.

    ii. The word Principal Employer wherever occurs, means the authorized representative orany other officer specially deputed by the Company for the purpose.

    iii. The word Contractor/ contractors or Agency wherever occurs means the successfulBidder/Bidders who has/have deposited the necessary Earnest Money and has/havebeen given written intimation about the acceptance of tender and shall include legalrepresentative of such individual or persons composing a firm or a company or thesuccessors and permitted assignees of such individual, firm or company, as the casemay be and any constitutional, or otherwise change of which shall have prior approval ofthe employer.

    iv. The Site shall mean the site of the contract work including land and any building and

    erections thereon and any other land allotted by the Company for contractors use.v. The term subcontractor as employed herein, includes those having a direct contract

    with contractor either on piece rate, items rate, time rate or on any other basis and itincludes one who furnishes work to a special design according to the plans orspecifications of this work but does not include one who merely supplied materials.

    vi. Accepting authority shall mean the management of the Company and includes anauthorized representative of the Company or any other person or body of personsempowered in this behalf by the Company.

    vii. A Day shall mean a day of 24 hours from midnight to midnight.viii. Engineer-in-charge/Designated Officer-in-charge will be clearly defined in the contract

    document. Engineer-in-charge/Designated Officer-in-charge who is of an appropriateseniority will be responsible for supervising and administering the contract, certifyingpayment due to the contractor, valuing variations to the contract, awarding extension of

    time and valuing compensation events. Engineer-in-charge/Designated Officer-in-chargemay further appoint his representatives i.e. another person/Project Manager or any othercompetent person and notify to the contractor who is directly responsible for supervisingthe work being executed at the site, on his behalf under the Delegation of Powers of theCompany. However, overall responsibility, as far as the contract is concerned will be thatof the Engineer-in-charge/Designated Officer-in-charge.

    ix. The Contract shall mean the Notice Inviting Tender, the tender as accepted by theCompany and the formal agreement executed between the Company and the contractortogether with the documents referred to therein, including general terms and conditions,special conditions, if any, specifications, including those to be submitted during progressof work, schedule of quantities with rates and amounts.

    x. The Works shall mean the works required to be executed in accordance with thecontract or parts thereof as the case may be and shall include all extra or additional,altered or substituted works or any work of emergent nature, which in the opinion of theEngineer-in-charge, become necessary during the progress of the works to obviate anyrisk or accident or failure or become necessary for security.

    xi. Schedule of Rates referred to in these conditions shall mean the standard schedule ofrates prescribed by the Company and the amendments issued from time to time.

    xii. Contract price shall mean :-(a) In the case of lump sum contracts the total sum for which tender is accepted by the

    company.(b) In the case of other types of contracts the total sum arrived at, based on the

    individual rates quoted by the tenderer for the various items shown in the Bill of

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    Quantities of the tender documents as accepted by the Company with or without anyalteration as the case may be.

    xiii Written notice shall mean a notice or communication in writing and shall be deemed tohave been duly served if delivered in person to the individual or to a member of the firmor to an office of the Corporation/Company for whom it is intended, or if delivered at orsent by registered mail to the last business address known to him who gives the notice.

    xiv Drawings/Plans shall mean all:(a) Drawing furnished by the owner with the bid document. if any, as a basis for

    proposals,(b) Working drawings furnished by the owner after issue of letter of acceptance of the

    tender to start the work,(c) Subsequent working drawings furnished by the owner in phases during progress of

    the work, andxv. Codes shall mean the following, including the latest amendments, and/or

    replacements, if any(a) Bureau of Indian Standards relevant to the works under the contract and their

    specifications.(b) Indian Electricity Act and Rules and Regulations made thereunder.(c) Indian Mines Act and Rules and Regulations made thereunder.(d) Any other Act, rule and regulations applicable for employment of labour, safety

    provisions, payment of provident fund and compensation, insurance etc.

    (e) Water (Prevention & Control of Pollution) Act, 1974(f) Air (Prevention & Control of Pollution) Act, 1981(g) Environmental Protection Act 1986

    2.0 CONTRACT DOCUMENTS:

    The following documents shall constitute the contract documents:Notice Inviting TenderDetailed Tender NoticeChecklist of Documents Submitted

    Section 1 Instruction to BiddersSection 2 Forms of Bid and Qualification Information;Section 3 General Terms and Conditions

    Section 4 Special Terms and Conditions.Section 5 Technical Specifications.Section 6 Form of Article of Agreement.Section 7 Bank Guarantee Format

    Letter of Acceptance of Tender indicating deviations, if any, from the conditions ofcontract incorporated in the Tender Document issued to the bidder and duly accepted by theEmployer.Scope of works/Bills of Quantities/Schedule of Works/quantities andFinalized work programme.

    N.B. Deviations:

    Deviations sought by the bidders, whether they are technical or commercial conditions, must only be given in

    the schedules prescribed to them. Any willful attempt by the bidders to camouflage the deviations by giving

    them in the covering letter or in any other documents than the schedules may render the bid itself as non-

    responsive.

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    2.1 After acceptance of tender and on execution of contract/issue of work order to proceed withthe work, as the case may be, the contractor shall be furnished, free of charge, two copies ofcontract documents. (Certified true copies).

    2.2 None of these documents shall be used by the contractor for any purpose other than thiscontract and the contractor shall ensure that all persons employed for this contract strictlyadhere to this and maintain secrecy, as required of such documents.

    2.3 The Court of Bhubaneswar shall have exclusive jurisdiction in all matters arising under thiscontract.

    2.4Abnormally High Rate (AHR) & Abnormally Low Rate (ALR) Items

    Abnormally High Rate & Abnormally Low Rates, if quoted by the contractor, in item rate tenders will beidentified & dealt with as under:

    i) For identification of AHR & ALR items the ceiling of +/- 20% respectively, when compared with the updatedestimate rate, will be considered.

    ii) For identified abnormally low rate (ALR) items, the tenderer will be required to deposit with the company

    the difference in amount calculated between the departmental justified rate multiplied by the quantity of aparticular ALR item and the ALR rate quoted by the contractor multiplied by the quantity of the same item.The total amount to be deposited will be the sum total of all the identified ALR items calculated as per themethod outlined above.The amount so retained will be refunded on successful completion of individual ALR items of work.

    2.5 Negotiations:

    Negotiations will be avoided as far as possible. However if desired by Company negotiations may be heldonly if the lowest rate received is not reasonable and the decision of the company regarding reasonablenessof rates quoted will be final & binding on the bidders.Work will be awarded to the lowest bidder (L-1) without post tender negotiations if the rates are reasonable.If rates are not reasonable, negotiations with (L-1) only may be undertaken to arrive at a reasonable rate.

    3.0 DISCREPANCIES AND ADJUSTMENTS THEREOF:

    The documents forming part of the contract are to be treated as mutually explanatory of oneanother and in case of discrepancy between schedule of quantities and the specifications,the following order of preference shall be observed:

    (a) Description in schedule of quantities.(b) Particular specification and special conditions, if any(c) General specification

    3.1 In the event of varying or conflicting provisions made in any of the document/documentsforming part of the contract. The Accepting Authoritys decision/clarification shall hold goodwith regard to the intention of the document or contract, as the case may be.

    3.2 Any error in description, quantity or rate in schedule of quantities or any omission there from,shall not vitiate the contract or release the contractor from discharging his obligations underthe contract including execution of work according to the specifications forming part of theparticular contract document.

    3.3 Any difference detected in the tender/tenders submitted, resulting from:

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    a. Discrepancy between description in words and figures, then the rate whichcorresponds to the words quoted by the contractor, shall be taken as correct.

    b. Discrepancy in the amount quoted by the contractor due to calculation mistake ofthe unit rate and quantity, then the unit rate shall be regarded as firm and amountcorrected.

    c. Discrepancy in totaling or carry forwards in the amount quoted by the contractorshall be corrected.The tendered sum so corrected and altered shall be substituted for the sum

    originally tendered and considered for acceptance instead of the original sum quotedby the tendered along with other tender/tenders. Rounding off to the nearest rupeewill be done in the final summary of the amount instead of in totals of varioussections of schedule of quantities.

    4.0 SECURITY DEPOSIT/RETENTION MONEY :

    4.1 Security Deposit shall consist of two parts:

    (a) Performance Security to be submitted at the time of award of contract. and(b) Retention money to be recovered from running bills.The security deposit shall bear no interest.

    4.2 Performance security shall be 5% of the contract amount, and is to be submitted within 28 daysof receipt of LOA, by the successful bidder, in any of the form given below:

    A Bank Guarantee in the form given in the Bid Document

    Govt. Securities, FDR or any other form of deposit stipulated by the owner.

    Demand Draft drawn in favour of CMPDI Ltd. Regional Institute, Ranchi, on any ScheduledBank payable at its branch at Ranchi.The Earnest Money / Bid Security deposited shall be discharged when the bidder has signed theagreement and furnished the required Performance Security / Security Deposit equivalent to the5% of the contract value..If performance security is provided by the successful bidder in the form of Bank Guarantee itshall be issued either (a) at bidders option by a Nationalized / Scheduled Indian Bank or

    (b) by a foreign bank located in India and acceptable to the employer.(c) the validity of the Bank Guarantee shall be for a period of ninety days beyond the contractperiod.

    Failure of the successful bidder to comply with the requirement as above shall constitutesufficient ground for cancellation of the award of work and forfeiture of the Bid Security.

    4.3 Retention money will be deducted at 5% from the bill that would be submitted by thecontractor for the work done against the work order given in that particular year.

    4.4 Retention money of 5% deducted from the bills shall be refunded after final approval, byMoEF, of EIA / EMP Report prepared on the baseline data generation report, against thework order for that particular year OR three years from acceptance of final report, whichever

    is earlier.

    4.5 The Company shall be at liberty to deduct / appropriate from the Security Deposit such sumsas are due and payable by the contractor to the Company as may be determined in terms ofthe contract, and the amount appropriated from the Security Deposit shall have to berestored by further deduction from the contractors subsequent on account running bills, ifany.

    The refund of Security Deposit shall be subject to Companys right to deduct / appropriate itsdue against the contractor under this contract or under any other contract.

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    4.6 Failure of the successful bidder to comply with the requirements as above shall constitutesufficient grounds for cancellation of the award and forfeiture of the Bid Security.

    5.0 PAYMENT:

    5.1 Payment as per the unit rates as accepted by CMPDI and for quantities as approved byGeneral Manager (Env.), CMPDI / Regional Director, CMPDI, Regional Institute-VII,GruhaNirman Bhavan, Sachivalaya Marg , Bhubaneswar-1 , Odisha after execution of security

    deposit as per article 4. above will be made on submission of environmental data generatedand its report.

    .5.2 The tenderer will have to execute an agreement with the Regional Director, CMPDI,RI-.VII,Gruha Nirman Bhavan, Sachivalaya Marg , Bhubaneswar-1 , Odisha. If in the opinion ofthe Regional Director, CMPDI,RI-VII , one contract agreement can be executed coveringmore than one work, the selected party would be allowed to do so, with understanding thathe will be bound by the time frame indicated against each work and he is being required tofurnish security deposit and fulfillment of other conditions including performance bond.

    6.0 DEVIATIONS / VARIATIONS IN QUANTITIES EXTENT AND PRICING:

    The quantities given in the Schedule of Quantities are provisional and are meant to indicate

    the extent of the work and to provide a uniform basis for tendering and any variation eitherby addition or omission shall not vitiate the contract.

    6.1 The company through its Engineer-in-charge or his representative shall, without radicallychanging the original scope and nature of the contracted work, have power to make anyalterations in or additions to or substitution of the original specifications and instructions thatmay appear to be necessary or advisable during the progress of; the work. The contractorshall be bound to carry out the works in accordance with the instructions given to him inwriting by the Engineer-in-charge or his representative on behalf of the company. Suchaltered or additional or substituted work, which shall form part of the original contract, shallbe carried out by the contractor on the same conditions in all respects on which they agreeto do the main work and at the same rate / rates as are specified in the contract.

    6.2 If the additional, altered or substituted work includes any class of work for which no rate /rates is / are specified in the contract, rates for such items shall be determined by theEngineer-in-charge as follows:

    (a) The rate shall be derived from the rate / rates for similar or near similar class of work as is /are specified in the contract / tender, fail ing which

    (b) The rates shall be derived from the companys prescribed schedule of rates based on whichthe estimate for tendering has been prepared plus or minus the percentage by which thetendered amount for the whole work quoted by the contractor is above or below theestimated amount as per the tender documents, failing which

    (c) The rate shall be derived from contractors from contractors rate claimed for such class ofwork supported by analysis of the rate / rates claimed by the contractor. The rate to bedetermined by the Engineer-in-charge as may be considered reasonable taking into accountpercentage of profit an overhead not exceeding ten percent or on the basis of market rates,if any, prevailing at the time when work was done.However, the Engineer-in-charge shall be at liberty to cancel the instruction by notice inwriting and to arrange to carry out the work in such manner as he / she considers advisableunder the circumstances. The contractor shall under no circumstances suspend the work onthe plea of non-settlement of rates.

    Alterations in the quantities shall not be considered as a change in the conditions of thecontract nor invalidate any of the provision thereof provided that a supplementary work orderor agreement for the item/items involved will be necessary when the alterations involved oneor more of the followings:

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    (i) An increase of more than 10% of the total cost of the work calculated from the originaltendered quantities and the contract price.

    (ii) More than 10% deviation from original awarded value should require approval of next higherauthority, but total amount should be within the delegated power of the next higher authority.

    6.4 Time for completion of the originally contracted work shall be extended by the company inthe proportion that the additional work (in value) bears to the original contracted work (invalue ) as may be assessed and certified by the Engineer-in-charge.

    6.5 The company through its Engineer-in-charge or his representative, on behalf of thecompany, shall have power to omit any of the work in case of non-availability of a portion ofthe site or for any other reason and the contractor shall be bound to carry out the work inaccordance with the instruction given by the Engineer-in-charge. No claim for omitting thepart of the work or extra charges / damages shall be made by the contractor on thesegrounds.

    6.6 In the event of any deviation being ordered which in the opinion of the contractor changesradically the original scope and nature of the contract, the contractor shall under nocircumstances suspend the work, either original or altered or substituted, and the dispute /disagreement as to the nature of deviation or the rate / rates to be paid thereof shall beresolved separately with the company.

    7.0 TIME FOR COMPLETION OF CONTRACT / PENALTYThe time frame for carrying out the generation of environment data shall be the essence ofthe contract. For delayed execution of the work, CMPDI reserves the right to impose penalty@ % of each work order value per week of delay. The aggregate of such compensation/compensations shall not exceed 10 (ten) percent of the total value as shown in the workorder This penalty would be adjusted from the security and / or recovered from the bills ordues of the contractor either against the same work or dues against other work. In situationswhere CMPDI is satisfied about reasons for delay, CMPDI may consider request forextension of time without imposition of penalty. The decision of the CMPDI in this regardshall be final and binding. The CMPDI however will not be responsible for any delay on itsparts that may be attributed in execution of the work and no claim what so ever will beentertained on this accounts.

    8.0 QUALITY ASSURANCE WORKMANSHIP:

    The contractor shall carry out and complete the work in every respect in accordance with thecontract and shall ensure that the work conforms strictly to the specifications, instructions ofthe Engineer-in-charge. The Engineer-in-charge may issue from time to time further detailinstructions/directions in writing to the contractor. All such instructions/directions shall beconsistent with the contract documents and should be reasonably inferable there from, alongwith clarifications/explanations thereof, if necessary.

    8.1 All equipment used for data generation and the data/report to be provided by the contractorshall be in conformity with the specifications/schedule of work as per the contract and thecontractor shall furnish proof, if so required by the Engineer-in-charge for his satisfaction thatthe materials so comply.

    8.2 The contractor shall immediately after the award of contract draw up a schedule giving datesfor submission of data as required or necessary by the specification for approval ofEngineer-in-charge who shall approve after amendments, if any, promptly so that there is nodelay in the progress of the work of the contractor or of the work of any of the subcontractor.On receipt of data as per schedule, the Engineer-in-charge shall arrange to check withreasonable promptness ensuring conformity of the data with the required specification andcomplying with the requirements as per contract documents. The contractor shall be boundto take fresh samples and furnish data accordingly, if disapproved by the Engineer-in-charge.

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    8.3 The company, through the Engineer-in-charge, shall have full power to reject any da