Final - Commercial & SOR-Vol I
Final - Commercial & SOR-Vol I
Final - Commercial & SOR-Vol I
26.05.2014
AC
KT
RC
Rev
Date
Subject of Revision
Author
Checked
Approved
TABLE OF CONTENTS
IGL/ND/C&P/P13028
TABLE OF CONTENTS
SECTION I INVITATION FOR BIDS (IFB) ......................................................................................... 6
1
2
3
4
5
6
7
8
9
10
11
INTRODUCTION ....................................................................................................................... 7
BRIEF DESCRIPTION OF PROJECT............................................................................................. 7
BRIEF SCOPE ........................................................................................................................... 7
CONTRACT PERIOD .................................................................................................................. 7
BID VALIDITY .......................................................................................................................... 8
BIDDING PROCEDURE .............................................................................................................. 8
DETAILS OF BID DOCUMENT .................................................................................................... 8
BID SECURITY ......................................................................................................................... 9
BID QUALIFICATION CRITERIA ................................................................................................. 9
PRE-BID MEETING.................................................................................................................. 10
GENERAL ............................................................................................................................... 10
SCOPE ................................................................................................................................... 12
ELIGIBILITY OF BIDDERS ....................................................................................................... 12
ONE BID PER BIDDER............................................................................................................. 12
COST OF BIDDING ................................................................................................................. 12
NON-TRANSFERABILITY OF THE BID DOCUMENTS .................................................................. 12
SITE SURVEY ......................................................................................................................... 13
CONTENTS OF BID DOCUMENTS ............................................................................................. 13
CLARIFICATION ON BID DOCUMENTS ..................................................................................... 13
AMENDMENT OF BID DOCUMENTS.......................................................................................... 14
LANGUAGE OF BID ................................................................................................................. 14
DOCUMENTS COMPRISING THE BID ...................................................................................... 14
BID PRICES ............................................................................................................................ 15
PERIOD OF VALIDITY OF BIDS ............................................................................................... 16
BID SECURITY ....................................................................................................................... 16
FORMAT AND SIGNING OF BID ............................................................................................... 16
DEVIATION ............................................................................................................................ 17
SEALING AND MARKING OF BIDS............................................................................................ 17
DEADLINE FOR SUBMISSION OF BID ...................................................................................... 18
LATE BIDS ............................................................................................................................. 18
MODIFICATION AND WITHDRAWAL OF BIDS .......................................................................... 18
BID OPENING......................................................................................................................... 18
CLARIFICATION OF BIDS ........................................................................................................ 19
CONTACTING THE OWNER ..................................................................................................... 19
PRELIMINARY EXAMINATION OF BIDS .................................................................................... 19
REJECTION CRITERIA............................................................................................................. 19
OPENING OF PRICE BID ......................................................................................................... 20
ARITHMETIC CORRECTIONS ................................................................................................... 20
EVALUATION AND COMPARISON OF BIDS ............................................................................... 21
PERFORMANCE CAPABILITY.................................................................................................... 21
AWARD CRITERIA .................................................................................................................. 21
OWNERS RIGHT TO VARY QUANTITIES DURING CONTRACT PERIOD ...................................... 21
OWNERS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS ................................ 22
NOTIFICATION OF AWARD / FAX OF INTENT .......................................................................... 22
ACCEPTANCE OF CONTRACT / WORK ORDER .......................................................................... 22
CONTRACT PERFORMANCE BANK GUARANTEE ........................................................................ 22
CORRUPT AND FRAUDULENT PRACTICES ................................................................................ 22
INCOME TAX LIABILITY .......................................................................................................... 23
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TABLE OF CONTENTS
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39
IGL/ND/C&P/P13028
DEFINITIONS ......................................................................................................................... 25
INTERPRETATION OF CONTRACT DOCUMENT ......................................................................... 25
CONFIDENTIALITY ................................................................................................................. 26
CONTRACT PERFORMANCE BANK GUARANTEE ........................................................................ 26
INSPECTIONS AND TESTS ...................................................................................................... 27
TRANSPORTATION ................................................................................................................. 27
GUARANTEE/ WARRANTY/ DEFECT LIABILITY PERIOD ........................................................... 27
PRICES .................................................................................................................................. 27
TAXES, DUTIES, ETC. ............................................................................................................. 28
STATUTORY VARIATION ......................................................................................................... 28
PAYMENT ............................................................................................................................... 28
SUBCONTRACTING ................................................................................................................. 28
DELAYS IN THE CONTRACTORS PERFORMANCE...................................................................... 29
CONTRACTOR REMAINS LIABLE TO PAY COMPENSATION IF ACTION NOT TAKEN UNDER CLAUSE
13......... ................................................................................................................................ 30
TERMINATION FOR DEFAULT ................................................................................................. 30
CHANGE IN CONSTITUTION ................................................................................................... 30
MEMBERS OF THE OWNER NOT INDIVIDUALLY LIABLE ........................................................... 31
CONTRACTOR'S OFFICE AND STORE AT SITE .......................................................................... 31
CONTRACTOR TO INDEMNIFY THE OWNER ............................................................................. 31
SAFETY REGULATIONS ........................................................................................................... 32
OTHER AGENCIES AT SITE ..................................................................................................... 32
LIENS .................................................................................................................................... 32
TERMINATION FOR OWNERS CONVENIENCE .......................................................................... 32
PAYMENT IF THE CONTRACT IS TERMINATED ......................................................................... 32
NO WAIVER OF RIGHTS ......................................................................................................... 33
PLANNING ............................................................................................................................. 33
PROGRESS ............................................................................................................................. 33
WORK IN MONSOON AND DEWATERING ................................................................................. 34
WORK ON SUNDAYS AND HOLIDAYS....................................................................................... 34
SETTLEMENT OF DISPUTES .................................................................................................... 34
LIMITATION OF LIABILITY...................................................................................................... 35
GOVERNING LANGUAGE ......................................................................................................... 35
APPLICABLE LAW ................................................................................................................... 35
NOTICES ............................................................................................................................... 35
INSURANCE ........................................................................................................................... 35
DAMAGE TO PROPERTY OR TO ANY PERSON OR ANY THIRD PARTY ........................................ 37
DATE OF COMING INTO EFFECT ............................................................................................. 38
EXECUTION OF WORK ............................................................................................................ 38
CONSTRUCTION AIDS, EQUIPMENTS, TOOLS & TACKLES ........................................................ 38
CARE OF WORKS .................................................................................................................... 38
ALTERATIONS IN SPECIFICATIONS, DESIGN AND EXTRA WORKS ............................................ 38
OWNER MAY DO PART OF WORK ............................................................................................ 38
POSSESSION PRIOR TO COMPLETION ..................................................................................... 39
SUSPENSION OF WORKS ........................................................................................................ 39
CARE OF WORKS .................................................................................................................... 39
REPLACEMENT OF DEFECTIVE PARTS AND MATERIALS............................................................ 40
DEFENCE OF SUITS ................................................................................................................ 40
DEDUCTIONS FROM THE CONTRACT PRICE ............................................................................ 40
COMPLETION CERTIFICATE .................................................................................................... 40
FINAL DECISION AND FINAL CERTIFICATE .............................................................................. 41
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TABLE OF CONTENTS
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TABLE OF CONTENTS
IGL/ND/C&P/P13028
FORM F 3 B ..................................................................................................................................... 65
FINANCIAL STATUS ............................................................................................................................ 65
FORM F-4
DEVIATION FORM .............................................................................................................................. 66
FORM F-5
CHECK LIST FOR AGREED TERMS AND CONDITIONS ........................................................................... 67
FORM F 6
DECLARATION (ON BIDDERS LETTER HEAD) ...................................................................................... 69
FORM F-7 PROFORMA FOR LETTER OF AUTHORITY ............................................................................ 70
FORM F-8 DETAILS OF LITIGATION (ON BIDDERS LETTER HEAD) ...................................................... 71
FORM F- 9
(COVERING LETTER ON LETTER HEAD) ............................................................................................... 72
FORM F- 10
FORMAT FOR STATUTORY AUDITORS/ CHARTERED ACCOUNTANT * ................................................... 73
FORM F-11
FORMAT FOR CERTIFICATE FROM STATUTORY AUDITOR FOR DETAILS OF SIMILAR GOODS/ WORK/
SERVICES SUPPLIED/ DONE DURING PAST 5 YEARS ................................................................ 74
FORM F-12
DECLARATION ON TENDER DOCUMENT PURCHASED / DOWNLOADED (ON BIDDERS LETTER HEAD) .... 77
FORM F-13..... .................................................................................................................................... 78
FORM F-14
PERFORMA OF INDEMNITY BOND FOR SUPPLY OF MATERIALS BY ....................................................... 80
PURCHASER/ OWNER ......................................................................................................................... 80
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IGL/ND/C&P/P13028
RATE CONTRACT
FOR
YING OF UNDERGROUND PE COATECARBON STEEL PIPELINE
SECTION I
INVITATION FOR BIDS (IFB)
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IGL/ND/C&P/P13028
IGL/ND/C&P/P13028
INTRODUCTION
1.1
Indraprastha Gas limited (IGL) (IGL :CIN No. : L23201DL1998PLC097614) (hereinafter referred as Owner), is
supplying Piped Natural Gas (PNG) to domestic, commercial and Industrial consumers and Compressed
Natural Gas (CNG) to automobiles in NCT of Delhi and NCR. IGL intends to extend the network to cover more
areas of Delhi to supply Natural gas to Domestic, Commercial consumers through MDPE network and to
existing/ new CNG stations through steel pipeline network.
1.2
Woodgroup Kenny India Pvt. Ltd. (WGI) has been appointed as Engineering and Project Management
Consultants (hereinafter referred as Consultant), by IGL for aforementioned extension of project.
2.1
The present project is the extension of PNG pipeline network in NCR region for supplying Natural Gas to
Domestic, Commercial and Industrial consumers. It is proposed to execute the work of GI/COPPER
INSTALLATIONS FOR PNG DOMESTIC CONNECTIONS IN HIGH RISE BUIDINGS IN NCT OF
DELHI & NCR.
2.2
Definitions:
High Rise Buildings A building having fourteen or more storeys above ground level. (i.e. of G + 14
orientation)
Riser - A riser is the vertical section of a service pipe laid up along a building which supplies a numbers
of laterals.
Lateral - A lateral is a horizontal off-take from a riser, which supplies gas to single customer/dwelling.
BRIEF SCOPE
3.1
The Scope of work includes installation of above ground pipes along with associated work from the outlet
of PE/GI transition fitting up to the domestic customers Appliance/stove/oven valve as defined in bid
document.
3.2
The scope also includes Supply & Installation of above ground GI / Cu pipes and associated fittings
required for Domestic Connections in High Rise Buildings.
3.3
Service Regulators, Domestic Meters, Meter Regulator, Isolation and Appliance valve shall be supplied by
IGL as free issue materials from their stores & contractor will be responsible for safe custody of these items
and transportation from Owners store to work site. All other items i.e. GI fittings, Forged fittings, GI pipes,
Cu pipe, Cu/Brass fittings, Corrugated Flexible metal Hose (Anaconda), Re-enforced rubber hoses etc.
required for successful completion of work shall be procured by contractor from approved vendor list
provided in bid document.
3.4
Contractor shall be responsible for implementation of HSE activities & safety norms as defined in bid
document.
3.5
For complete scope of work, all volumes of tender document are to be read.
CONTRACT PERIOD
4.1
The duration of contract shall be two years. However initially the contract will be placed for one (1) year,
further extendable for another one (1) year. The effective date of order will be the date of first notification
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IGL/ND/C&P/P13028
of award. The scope of work shall be completed, as per instructions of the Owner or as specified in
allotment letters issued to contractor during contract period.
BID VALIDITY
5.1
Bid should be valid for 90 (Ninety) days from the date of schedule submission.
BIDDING PROCEDURE
6.1
Bidding will be conducted through Open Domestic Competitive bidding basis. Single stage two bid system
is adopted for this tender.
IGL/ND/C&P/P13028
7.2
7.3
7.4
7.5
7.6
7.7
GM (C&P)
Indraprastha Gas Limited
IGL Bhawan, 4, Community Centre,
Sector IX, R. K. Puram,
New Delhi - 110 022,
Bid Document can be purchased from the C & P (Head), Wood Group Kenny India Pvt. Ltd., 15th
Floor, Tower B, Building No. 5, DLF Cyber Terraces, DLF Cyber City, Phase III,Gurgaon-122002,
Haryana (Phone: 00- 91-0124- 4514759) on any working day (Monday to Friday) from 10.00 hours to
16.00 hours against a written request and payment of requisite document fee as specified in above Clause
7.0 by crossed bank draft / Bankers cheque from a first class international bank or an Indian nationalised/
scheduled bank in favour of INDRAPRASTHA GAS LTD., payable at DELHI, INDIA.
Downloading of Tender Document
The entire document has also been web hosted at IGLs website www.iglonline.net and TE-INs website
http://www.woodgroupindia.com/igl/tender.htm for view/ participation of the eligible bidders. Bidders
meeting the bid evaluation criteria and intend to submit their bid may download the tender for submission
by the bid due date and time. Bidder shall give an undertaking on his letterhead that the contents of the
bidding document have not been altered or modified.
The bidders who have downloaded the tender document from website shall made payment of bid document
fee through Crossed Bank Draft in physical form along with bid. The bid of any such bidder shall be
considered only if the bid is accompanied by the prescribed bid document fee in the form of Demand Draft
along with bid.
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IGL/ND/C&P/P13028
Bid submitted by bidders who have not purchased / not accompanied the bid document fee along with bid,
the bid offer will be rejected. The bid document fee should be submitted separately along with un-priced
bid.
BID SECURITY
8.1
All bids must be accompanied by a bid security amount of Rs 8.00 Lacs (Rupees Eight Lacs only).
8.2
Bid security shall be either in the form of bankers demand draft in favour of Indraprastha Gas Ltd, payable
at Delhi or bank guarantee from any Nationalised Bank or an International bank of repute as per proforma
attached in the Tender document. The bid security shall be submitted along with the bid and to be enclosed
in Part I (Un-priced bid). Bid security in the form of Bank Guarantee shall be valid for sixty (60) days
beyond the validity of the bid.
9.1
Bidder should have completed work of laying of MDPE and GI/Cu piping network for providing PNG
domestic connections including domestic connections through welded risers under a single order of
minimum value of Rs. 50 Lacs executed during last 5 years from the date of bid submission.
OR
Bidder should have completed laying of MDPE and GI/Cu piping network for providing PNG domestic
connections under a single order of minimum value of Rs. 1.0 crore and laying of carbon steel pipeline
network for natural gas application under a single order of minimum value of Rs. 25 Lacs executed during
last 5 years from the date of bid submission.
9.2
The bidder should have achieved turnover of at least Rs. 5.00 Crores during any of the preceding five (5)
financial years.
9.3
The net worth of the company must be positive for the preceding year.
9.4
The working capital of the company should be minimum Rs. 50.00 Lacs for the preceding financial year.
If the bidders working capital is inadequate, the bidder should supplement this with a letter from the
bidders bank having net worth not less than Rs.100 crore, confirming the availability of the line of credit to
cover the inadequacy of working capital required as above.
Note:
Bidder shall submit minimum following documents to establish their credentials to meet BQC:
1.
2.
3.
Note: IGL may at its discretion make additional checks for the qualification criteria.
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IGL/ND/C&P/P13028
10
PRE-BID MEETING
10.1
The bidder(s) or his representative who intend to bid and who have either purchased the tender document
or paid the tender fees for down loaded document are invited to attend a pre bid meeting which will take
place on date specified in the tender document. Bidder(s) queries if any must reach Owner/ Consultant
office at least two days prior to pre bid meeting date.
BIDDERS TO NOTE THAT IF THEY HAVE NOT DEPOSITED THE TENDER FEE TO
IGL/WGI TILL THE START OF PRE-BID MEETING, THEY WILL NOT BE ALLOWED TO
ATTEND THE PRE-BID MEETING.
10.2
Non-attendance of the pre-bid meeting will not be a cause for disqualification of the bidder.
11
GENERAL
11.1
Owner (IGL) reserves the right to increase or decrease the scope of work of bidders before or after award of
work. Total scope shall be awarded amongst more than two bidders and larger share of business shall be
awarded to the L-1 bidder. It is envisaged that maximum up to 5 contractors may be empanelled for this
work.
11.2
Bid document is non-transferable. Bid received from the bidders in whose name bid document fee has been
submitted shall only be considered. Bidder must submit the bid document fee in their name. Bid document
fee shall be submitted by the bidder as defined in tender document.
11.3
11.4
11.5
Owner/ Consultant will not be responsible for cost incurred in preparation and delivery of bids.
11.6
Owner/ Consultant reserve the right to reject any or all the bids received at its discretion without assigning
any reason whatsoever
11.7
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
RATE CONTRACT
FOR
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
A. INTRODUCTION
1
SCOPE
1.1
The Owner/ Consultant invites sealed bids for the entire work as specified in the Bid documents (hereafter
referred to as the Work).
1.2
The Bid document specifies the contractor scope of work, terms & conditions.
1.3
All terms, conditions and specifications of the Bid document shall be construed as applicable in general,
unless specifically indicated to the contrary.
1.4
Bidders shall quote in the manner as specified in the Bid document. Owner reserves the right to evaluate
and accept bids at their sole discretion. The provisions of this clause shall supersede any contrary provisions
expressly stated or implied anywhere else in the Bid document.
ELIGIBILITY OF BIDDERS
2.1
Bidders shall as part of their bid, submit a written Power of Attorney authorizing the signatory of the bid to
bind the bidder.
2.2
Bidders should not be associated, or have been associated in the past, directly or indirectly, with a firm or
any of its affiliates which have been engaged by the Owner to provide consultancy services for the
preparation of the design, specifications, and other documents to be used for carrying out the Works under
this Invitation for Bids.
2.3
The Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by
the Owner/ Consultant in accordance with ITB.
2.4
The bidder should not have been put on holiday or black listed by Owner or any Government Department/
Public Sector.
3.1
Each bidder shall submit only one bid. A Bidder who submits or participates in more than one bid will be
disqualified. If bid of companies which is managed & controlled by same group of individual (common
owners / proprietor, common partner /common directors in case of Pvt. Ltd. companies) the participation in
a particular tender by more than one such bidder will not be allowed and bids will be disqualified.
In case this fact comes to the knowledge of the owner at any stage, it shall be treated as fraudulant bid and
liable to be immediately disqualified.
In case the contract has been awarded to any such bidder or bidders, the owner shall be at absolute liberty to
terminate the contract forthwith with all consequential damages attributable to the contractor, including
forfeiting of security deposit in any form and banning the firms from participating in any future tender.
3.2
3.3
COST OF BIDDING
4.1
The bidder shall bear all costs incurred & associated with the preparation and submission of the bid, and
Owner will in no case be responsible or liable for this cost, regardless of the conduct or outcome of the
bidding process.
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
5.1
Bid document is non-transferable. Bid received from the bidders in whose name bid document fee has been
submitted shall only be considered. Bidder must submit the bid document fee in their name. Bid document
fee shall be submitted by the bidder as defined in tender document.
SITE SURVEY
6.1
The bidder is advised to visit and examine the site of works and its surroundings and obtain for himself at
his own responsibility all information that may be necessary for preparation of the bid and entering into the
Contract. The cost of visiting the site shall be at bidder's own expenses.
6.2
The bidder and any of his personnel or Agents will be granted permission by the Owner to enter upon his
premises and lands for the purpose of such inspection, but only upon the explicit condition that the bidder,
his personnel or agents will release and indemnify the Owner and his personnel and agents from and against
all liability in respect thereof and will be responsible for personnel injury (whether fatal or otherwise), loss
of or damage to property and any other loss, damage, cost and expenses incurred as a result thereof.
B. BID DOCUMENTS
7
7.1
The Bid Documents are those stated below and should be read in conjunction with any corrigendum issued
in accordance with clause 9.2 of Instructions To Bidders (ITB):
7.1.1
Volume I
Section I
Section II
Section III
Section IV
Section V
Section-VI
Volume II
7.2
The bidder is expected to examine all instructions, forms, terms, specifications and drawings in the bid
documents. The Bid Documents together with all its attachment thereto, shall be considered to be read
understood and accepted by the bidder. Failure to furnish all information required by the Bid documents or
submission of a bid not substantially responsive to the Bid documents in every respect will be at bidders
risk and may result in the rejection of the Bid.
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
9.1
At any time prior to the deadline for submission of bids, the Owner / Consultant, for any reason, whether at
its own initiative or in response to a clarification requested by a prospective Bidder, may modify the bid
documents by issuing addenda and or Corrigendum.
9.2
Any addendum /corrigendum thus issued shall be part of the bidding documents pursuant to ITB Clause7.0 and shall be hosted on the websites as mentioned in IFB before bid due date. All the prospective bidders
who have attended the Pre-Bid meeting/ submitted bid document fee, shall be informed by email only about
the addendum/ corrigendum for their reference.
9.3
Bidders desirous to submit its bid have to take into consideration of all the addendum(s)/ corrigendum (s)/
clarifications to bidder query before submitting the bid.
9.4
In order to allow prospective bidders reasonable time to take care of the addendum/ corrigendum into
account in preparing their bids, the Owner/ Consultant, at its discretion, may extend the deadline for the
submission of bids
9.5
Bidders are advised to visit WGI/IGLs websites time to time to get updated information/ documents.
LANGUAGE OF BID
10.1
The bid prepared by the bidder as well as all correspondence/ drawings and documents relating to the bid
exchanged by bidder shall be written in English language, provided that any printed literature furnished by
the bidder may be written in another language so long as accompanied by an ENGLISH translation, in
which case, for the purpose of interpretation of the bid, the ENGLISH translation shall govern.
11
11.1
The bid prepared by the bidder shall comprise of the following components:
11.1.1
Covering letter.
Confirmation that bidder is not banned by any Indian Government organization/ Government
Undertaking from quoting as per Form 6
Letter of authority in favour of any one or two of Bidders executives having authority to attend the unpriced and price bid opening as per format F-7.
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
Information regarding any current litigation in which the bidder is involved in Form 8.
Documents for meeting BQC as listed under IFB clause no. 9.6
Copy of Excise, CST, LST/ VAT, ESI, PF, Service Tax, PAN registration Certificates.
Power of attorney of the signatory to the bid offer on non-judicial stamp paper.
Note:
11.1.2
1.
2.
Document submitted in addition to the above listed documents, shall not be considered as part of
bid offer and shall not be taken into consideration for evaluation.
3.
All pages of the bid offer to be signed and stamped by an authorised representative (as described
in bid document) of the bidder.
Envelope II: Superscribing Price Bid Not to Open with TechnoCommercial Un-priced Bid- PART-II.
Part II shall contain one original and one copy of Schedule of Rates duly filled in, in separate sealed
envelopes duly signed and stamped on each page. In case of any correction, the bidders shall put his full
signature and his stamp.
12
BID PRICES
12.1
12.2
The Bidder shall indicate in the appropriate Schedule of Rates, the unit rate & total prices inclusive of all
applicable taxes, duties, freight, Insurance including Transit Insurance, overheads, provision of safety
gadgets to their personnel, transportation, conveyance, trainings, recruitments, communication charges,
liaisoning work, cost for providing tools & tackles, equipments, machineries, spares, etc. but exclusive of
VAT & Service Tax on completed work as specified in tender document. If quoted in separate typed sheets
and any variation in item description, unit or quantity is noticed, the bid is liable to be rejected.
12.3
The Owner will not issue any concessional form for CST/ VAT.
12.4
VAT to be quoted separately @14.0 % for NCR & 12.5% for NCT of Delhi on 80% of base value.
12.5
Service tax to be quoted separately @40% of 12.36% i.e. 4.944% for NCR & NCT of Delhi.
12.6
Service tax on free issue material shall be paid separately @40% of 12.36% i.e. 4.944%.
12.7
Bidder must quote for complete scope of work & indicate prices against each SOR item. Bid submitted for
part scope shall be rejected.
12.8
Prices quoted by the bidder, shall remain firm, fixed and valid until completion of the contract and will not
be subjected to any variation, except statutory variation (as specified in Bid document.) or provision for
price variation as defined under clause no. 30 of SCC, in the tender document.
12.9
All corrections and alterations in the entries shall be signed in full by the bidder with date. No erasures or
over-writings are permissible.
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
13
13.1
The bid shall remain valid for 90 days from the bid due date. Owner may reject a bid which is valid for a
shorter period being non-responsive.
13.2
In exceptional circumstances, prior to expiry of the original bid validity period, the Owner may request that
the bidder extend the period of bid validity for a specified additional period. The requests and the responses
thereto shall be made in writing (by fax/ post/ e-mail). A bidder can refuse the request without forfeiture of
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 its bid security for the period of the extension and in accordance
with ITB clause 14 in all respects.
14
BID SECURITY
14.1
Pursuant to IFB Clause No. 8, the bidder shall furnish, as part of his bid, bid security in the amount
specified in the Invitation for Bids.
14.2
The bid security is required to protect the Owner against the risk of bidders conduct which would warrant
the securitys forfeiture, pursuant to ITB Clause- 14.7
14.3
The bid security will be in Indian Rupees and shall be in the form of Demand Draft / Bankers Cheque
drawn in favour of Indraprastha Gas Ltd, payable at Delhi or in the form of Bank Guarantee as per format
F-2 enclosed in the Bid Document.
14.4
Any bid not secured in accordance with ITB Clause 14.1 and ITB Clause 14.3 may be rejected by the
Owner as non-responsive.
14.5
Unsuccessful bidders bid security will be discharged/ returned, as promptly as possible but not later than
30 days after the expiration of the period of bid validity prescribed by the Owner, pursuant to ITB Clause13.
14.6
The successful bidders bid security will be discharged upon the bidders accepting the Order, pursuant to
ITB Clause- 34 and furnishing the Contract Performance Guarantee pursuant to ITB Clause- 35.
14.7
14.7.1
14.7.2
Bid Security must indicate the Bid Document number and the item for which the bidder is quoting. This is
essential for proper correlation at a later date. The Bid Security in the form of Bank Guarantee shall be as
per the format provided in the Bid Document.
15
15.1
The bidder shall prepare one original of the document comprising the bid as per clause 11 of ITB marked
original. In addition, the bidder shall submit a copy of the bid clearly marked copy. In the event of any
discrepancy between the original and the copy, the original will govern.
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
15.2
The original and the copy of the bid shall be typed or written in indelible ink. Each page of bid offer shall be
stamped and signed by the Bidder or a person or persons duly authorized by competent authority in order to
bind the bidder to the contract.
15.3
The bid shall contain no alterations, omissions or additions, unless such corrections are signed & sealed by
the person or persons signing the bid.
16
DEVIATION
16.1
Owner/ Consultant will appreciate submission of offer based on the terms and conditions in the enclosed
GCC, SCC, ITB, Scope of Work, Technical Specification etc. to avoid delay seeking clarifications on
technical/ commercial aspect of the offer.
16.2
Deviations, if any have to be listed only in the Deviation Form-4 of this tender document. Deviations listed
anywhere else will not be considered and in case of award of the job to the bidder, the job has to be
completed in accordance with the tender terms and conditions without any commercial implications to the
Owner. However Owner reserves the right to take the final decision in this regard, without assigning any
reason.
D. SUBMISSION OF BIDS
17
17.1
Bid shall be submitted in the following manner in separate sealed envelopes duly superscribed as below:
Part-I Techno-commercial / Un-priced bid
Part-II- Priced Bid
17.2
Techno Commercial Un-priced Bid (Part - I): Original of Techno commercial Un-priced Bid and the
envelope containing Original Bid Security shall be sealed in one separate envelope superscripting Technocommercial Un-priced Bid (Item / package name) (Tender Document No. .) Original. Copy of
Techno-Commercial Un-priced Bid along with envelope containing copy of Bid Security shall be sealed in
separate envelopes super-scribing Techno-commercial Un-priced Bid- (Item/ package name) Copy.
All these envelopes shall be sealed in one separate envelope super scribing Techno commercial Unpriced Bid containing original + 1 copy (Item / package name) (Tender Document No..).
17.3
Price Bid (Part - II): Original Price Bid and one copy shall be sealed in separate envelopes superscribing
Price Bid Original or Copy as the case may be. All such envelopes (one original + copy) shall be
sealed in separate envelope superscribing Price Bid (One Original + One Copy) Not to Open along with
Techno Commercial Un-Priced Bid.
17.4
Bid Security: Original and one copy shall be sealed in separate envelopes clearly superscribing Bid
Security Original or Copy as the case may be. These envelopes shall be further sealed as detailed
above.
17.5
The Bidder shall seal the original and copy of the bid in separate envelopes, duly marking the envelopes as
ORIGINAL and COPY. All the envelopes shall then be sealed in an outer envelope.
17.6
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
17.7
Each of the inner envelopes shall also indicate the name and address of the Bidder to enable the bid to be
returned unopened in case it is declared late.
17.8
If the outer envelope is not sealed and marked as above, the Owner/ Consultant will assume no
responsibility for the misplacement or premature opening of the bid and its consequential rejection.
18
18.1
The Bid must be received by Owner (IGL) at the address as specified in IFB but not later than the time and
date as specified in IFB.
18.2
The Owner may, in exceptional circumstances and at its discretion, on giving reasonable notice by fax or
any written communication to all prospective bidders who have been issued the bid document extend the
deadline for the submission of bids in which case all rights and obligations of the Owner and bidders,
previously subject to the original deadline will thereafter be subject to deadline as extended.
19
LATE BIDS
19.1
Any bid received by the Owner after the deadline for submission of bid pursuant to clause no. 18.1 of ITB
will be declared Late and rejected and may be returned unopened to the bidder at the sole discretion of the
Owner/ Consultant.
20
20.1
The bidder may modify or withdraw its bid after the bid submission, but, before the due date of submission
provided that written notice of the modification, including substitution or withdrawal of the bid, is received
by the Owner prior to the deadline prescribed for submission of bids.
20.2
The bidders modification or withdrawal notice shall be prepared, sealed, marked and delivered in
accordance with the Bid document, with the outer envelopes additionally marked modification or
withdrawal as appropriate. A withdrawal notice may also be sent by fax/post, but followed by signed
confirmation copy, post marked not later than the deadline for submission of bids.
20.3
20.4
No bid shall be allowed to be withdrawn in the interval between the deadline for submission of bids and the
expiration of the period of bid validity specified by the bidder on the bid form. Withdrawal of a bid during
this interval shall result in the bidders forfeiture of its bid security, pursuant to clause 14.7 of ITB.
BID OPENING
21.1
The Owner/ Consultant will open all bids in the presence of Bidders representatives who choose to attend,
at the time, on the date and place (as specified in IFB). The Bidders representatives, who are present, shall
sign a register evidencing their attendance, if so required by the Owner/ Consultant.
21.2
The Bidders names, bid modifications or withdrawals, and the presence or absence of requisite Bid
Security (EMD) and such other details as the Owner, at its discretion, may consider appropriate, will be
announced at the opening. No bid shall be rejected at bid opening, except for late bids, which shall be later
returned unopened to the concerned Bidder pursuant to ITB Clause 19.
21.3
Bids (and modifications sent pursuant to ITB Clause 20) that are not opened and read out at bid opening
shall not be considered further for evaluation, irrespective of the circumstances. Bidders specific attention
is drawn to this stipulation to enable the representative of the Bidder at the bid opening time to bring out to
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
the attention for the Owner/ Consultant any documents pertaining to its bid is not being acknowledged and
relevant portions read out.
21.4
The Owner/ Consultant will prepare a bid opening statement to be signed by all representatives present
during bid opening.
22
CLARIFICATION OF BIDS
22.1
During evaluation of the bids, the Owner / Consultant may, at its discretion, ask the Bidder for a
clarification of its bid through email only at e-mail ID mentioned in Form F-1. The request for clarification
and the response shall be in writing, and no change in the prices or substance of the bid shall be sought,
offered, or permitted.
23
23.1
From the time of the bid opening to the time of the award, if any bidder wishes to contact the Owner for any
matter relating to the bid it should do so in writing.
23.2
Any effort by a bidder to influence the Owner in any manner in respect of bid evaluation or award will
result in the rejection of that bid.
24
24.1
24.1.1
The Owner/ Consultant will examine the bids to determine whether they are complete, whether required
securities have been furnished, whether the documents have been properly signed and whether the bids are
generally in order.
24.1.2
Prior to the detailed evaluation, the Owner/ Consultant will determine whether each bid is of acceptable
quality, is generally complete and is responsive to the Bid Documents. For the purpose of this
determination, a responsive bid is one, which confirms to all the terms, conditions and specification of the
Bid document, without deviations, objections, conditionality or reservations.
24.1.3
No deviation, whatsoever, is permitted in the Bid Documents and the price bids of those bidders, whose
technical and commercial bids contain any exception to the conditions and stipulations of the Bid
Documents may not be opened.
24.1.4
The Owner/ Consultants determination of bid responsiveness is to be based on the contents of the bid itself
without recourse to extrinsic evidence. If a bid is non-responsive, it may be rejected by the Owner.
24.1.5
The Owner will carry out a detailed evaluation of the bids previously determined to be responsive in order
to determine whether the technical aspects are in accordance with the requirements set forth in the Bid
documents. In order to reach such a determination, the Owner/ Consultant will examine and compare the
technical aspects of the bids on the basis of the information supplied by the bidders, taking into account the
following factors :
24.1.5.1
Overall completeness and compliance with the Technical Specifications, quality functions and operations of
any process control concept included in the bid. The bid that does not meet minimum acceptable standard of
completeness, consistency and detail will be rejected as non-responsive.
24.1.5.2
Any other relevant factor, if any that the Owner deems necessary or prudent to be taken into consideration.
24.1.5.3
Requisite forms contain all necessary information stipulated in the Bid Document.
25
REJECTION CRITERIA
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
25.1
Minor unconformities may be neglected and/or bidders may be required to rectify such minor
unconformities.
25.2
The provisions of the following clauses of the Bid document must be adhered to, failing which the bid shall
be considered as non-responsive and shall be summarily rejected:
i)
ii) Bid Security (EMD) i.e. non-submission or Bid Security (EMD) not complying with the specified
requirements.
iii) Submission of Contract Performance Bank Guarantee as per tender.
iv) Period of validity of bid.
v) Firm & fixed Prices throughout execution of contract
vi) Offer for complete scope of work
vii) Warranty and guarantee for work executed/ defect liability
viii) Resolution of Dispute/ Arbitration clause.
ix) Payment terms.
x) Completion schedule.
xi) Prices as per Schedule of Rates.
xii) Price reduction schedule provisions.
xiii) Penalty provisions.
xiv) Documents pertaining to PF registration and service tax registration.
xv) If the price quoted by the bidder is less than 30% of IGL cost estimate.
xvi) On submission of more than one bid from different companies and having one or more directors of
those companies are common.
26
26.1
The Bidders whose bids have been found substantially responsive shall be invited to attend the opening of
price bid. Such bidders may be required to attend the price bid opening at a short notice of 24 hours. The
place, date and time of price bid opening will be informed to all such bidders. The Bidders representatives
who are present shall sign a register evidencing their attendance.
26.2
The bid prices and discounts, if any stated in the price schedules will be announced during price bid
opening.
27
ARITHMETIC CORRECTIONS
27.1
The bids will be checked for any arithmetical errors as follows if any, will be rectified on the following
basis:
27.2
If there is a discrepancy between the unit price and the total price that is obtained by multiplying the unit
price and quantity, the unit price shall prevail, and the total price shall be corrected;
27.3
If there is a discrepancy between the amount in words and figures, the amount in words will prevail;
27.4
If the bidder does not accept the correction of errors, its bid will be rejected and the bid security will be
forfeited.
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
28
28.1
The total quoted price in Schedule of Rates for complete scope of work for NCT of Delhi & NCR shall be
taken up for evaluation.
28.2
Price bid offers will be evaluated for eligibility. If bidders total quoted price is found lower by more than
30% of the IGL estimated price, then bidder offer shall be disqualified & shall not be considered for further
evaluation.
28.3
Bidders status will be arranged in increasing order of their evaluated total price (L-1, L-2 .. and so on).
28.4
Work will be awarded to more than one bidder. The L-1 bidder will be awarded the work at their quoted/
negotiated rates.
28.5
Accordingly, other bidders in order of their ranking shall be asked to match the unit prices of L-1 bidder. In
case any bidder does not agree to match the L-1 bidders unit price, the bidder next in order of their ranking
shall be asked to match the L-1 bidders unit rates.
29
PERFORMANCE CAPABILITY
29.1
In case of pre-qualification, the Owner/ Consultant will determine to its satisfaction whether the Bidder that
is selected as having submitted the lowest evaluated responsive bid is qualified to perform the contract
satisfactorily, in accordance with the criteria listed in ITB.
29.2
The determination will take into account the Bidders financial, technical, and capacity of bidder as per
qualification criteria in IFB. It will be based upon an examination of the documentary evidence of the
Bidders qualifications submitted by the Bidder, as well as such other information as the Owner/Consultant
deems necessary and appropriate.
29.3
An affirmative determination will be a prerequisite for award of the contract to the Bidder. A negative
determination will result in rejection of the Bidders bid, in which event the Owner/ Consultant will proceed
to the next lowest evaluated bid to make a similar determination of that Bidders capabilities to perform
satisfactorily.
F. AWARD
30
AWARD CRITERIA
30.1
Subject to ITB Clause, the Owner will place the order on the successful bidder whose bid has been
determined to be substantially responsive and has been determined to be the lowest evaluated bid as defined
in ITB clause 28, provided further that the Bidder is determined to be qualified to perform the order
satisfactorily.
30.2
Total work will be divided into more than one bidder subject to matching their unit price with the finalized
rates of the L1 bidder.
31
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INSTRUCTIONS TO
BIDDERS (ITB)
IGL/ND/C&P/P13028
31.1
Owner reserves the right to increase or decrease the quantities specified in the Schedule of Rates during
contract period, without any change in unit price or other terms and conditions.
31.2
Bidder shall note that the quantities mentioned against each activity in Schedule of Rates are tentative and
for a period of 2 years and shall be used for evaluation purpose only. These quantities are subject to change
based on actual requirement. The unit rates quoted by the bidders shall remain fixed and firm throughout the
1st year of contract period i.e. no price adjustment shall be allowed in 1st year. Price Variation will be
allowed in 2nd year only, if the contract is extended, as defined in bid document.
32
OWNERS RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
32.1
Owner reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at
any time prior to award of contract, without thereby incurring any liability to the affected bidder or bidders
or any obligations to inform the affected bidder or bidders the reason for the Owners action.
33
33.1
Prior to the expiration of period of bid validity, the Owner will notify the successful bidder in writing by fax
or e-mail to be confirmed in writing, that his bid has been accepted.
33.2
The date of Fax of Intent for notification of Award will constitute effective date.
33.3
Contractor to ensure a Kick off meeting within seven (07) days of issuance of FOI, at IGL as per the agenda
finalised by Owner/ Consultant.
33.4
Upon the successful bidders furnishing of Contract Performance Bank Guarantee (CPBG), pursuant to ITB
Clause 35, the Owner will promptly notify each unsuccessful bidder and will discharge the bid security of
such bidders.
34
34.1
Owner will issue the Contract / Work Order to the bidders on receipt of acceptance of FOI, within 15 days
of award of Contract / Work Order, bidder shall sign all pages and return the acceptance copy of the
Contract / Work Order to the Owner.
35
35.1
Within twenty one (21) days of the receipt of the notification of award/ Fax of Intent, the successful bidder
shall furnish the performance guarantee in accordance with General Conditions of Contract in the form
provided in the Bid documents.
35.2
The Contract Performance Bank Guarantee shall be taken @ 10% of the total order value for one year. The
Contract Performance Bank Guarantee shall be released within 90 days after the expiry of defect liability
period of respective order.
35.3
Failure of the successful bidder to comply with the requirements of this clause shall constitute sufficient
ground for the annulment of the award and forfeiture of the bid security.
36
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INSTRUCTIONS TO
BIDDERS (ITB)
36.1
IGL/ND/C&P/P13028
The Owner requires that Bidders observe the highest standard of ethics during the execution of Contract. In
pursuance of this policy, the Owner defines, for the purposes of this provision, the terms set forth below as
follows :
i)
Corrupt Practice means the offering, giving, receiving, or soliciting of anything of value to influence
the action of public official in contract execution; and
ii) Fraudulent Practice means a misrepresentation of facts in order to influence the execution of a
Contract to the detriment of the Owner, and includes collusive practise amongst bidders (prior to or
after bid submission) designed to establish bid prices at artificial non-competitive levels and to deprive
the Owner of the benefits of free and open competition;
36.2
Owner will reject a proposal for award, if it determines that the bidder recommended for award is engaged
in corrupt or fraudulent practices in competing for the award in question;
36.3
Owner will declare a firm ineligible, either indefinitely or for a stated period of time, if at any time the
Owner determines that the firm has engaged in corrupt or fraudulent practices in competing for or in
executing a contract.
37
37.1
The bidder shall bear all Income Tax liability, both corporate as well as for his personnel.
38
38.1
Bidders have to furnish the proof of existing Employee Provident Fund details as per clause no. 11 of ITB.
Bidder who fails to furnish proof in respect of separate PF Code/No. of the concerned RPF
Commissioner/Authority, their bids shall be liable for rejection.
39
GENERAL
39.1
Any failure on the part of the Owner at any time to enforce the strict observances of the performance of any
of the term(s) and condition(s) or rights, shall not effect or deprive the Owner to exercise the same at any
later date.
39.2
The work will be supervised by Owners Engineer-In-Charge or his representative and the Contractor has to
strictly adhere to his instructions.
39.3
During the tenancy of this contract, Owner can increase and/or decrease the quantity of the work/ service (s)
required. The quantity of work / service (s) shown in the Schedule of rates is tentative.
39.4
Contractor will have to mobilise manpower & equipment as discussed in kick off meeting within 15 days
from the date of Fax of Intent (FOI) / first notification of award. The contract period shall be reckoned from
the date of FOI/ award.
39.5
The agreed rates shall remain firm & fixed till the expiry of contract and the contractor shall not be entitled
to any inflation, escalation or revision (statutory or otherwise) or any right to claim, whatsoever by way of
representation, explanation, statement or alleged representation or an outstanding or promise given or
alleged to have been given by any employee of the Owner or due to contractors own ignorance or on
account of the difficulties or hardships faced by him. The rates quoted shall be all-inclusive of applicable
taxes/ duties and shall remain firm till expiry/entire tenancy of this contract. It is agreed that the bidder has
inspected the sites and assessed the nature and the extent of the work including the conditions prevalent
under which the work is to be carried out.
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GENERAL CONDITIONS OF
IGL/ND/C&P/P13028
CONTRACT
UNDERGROUND PE COATED CARBON STEEL PIPELINE
RATE CONTRACT
FOR
GI/COPPER INSTALLATIONS FOR PNG DOMESTIC
CONNECTIONS IN HIGH RISE BUILDINGS IN NCT OF
DELHI & NCR
SECTION III
GENERAL CONDITIONS OF CONTRACT (GCC)
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GENERAL CONDITIONS OF
IGL/ND/C&P/P13028
CONTRACT
1
DEFINITIONS
1.1
All the initial capitalised terms used in the Agreement shall have the meaning as described to such terms
hereunder:
1.2
Agreement or Contract means the agreement entered into between the Owner and the Contractor,
including all attachments and appendices thereto and all documents incorporated by reference therein, as
modified, reinstated or amended from time to time.
1.3
Completion Schedule or Delivery Schedule means a schedule approved by the Owner for completion of
all obligations of the Contractor under the Agreement.
1.4
Consultant means the person or firm or body corporate appointed by the Owner for the purposes of
providing services as determined by him in connection with this Agreement i.e. Woodgroup Kenny India
Pvt. Ltd. (WGI).
1.5
Contract Documents mean all the documents referred to in the Agreement for discharging the requisite
obligations by respective party.
1.6
Contract Price means the price payable to the Contractor under the Contract for the full and proper
performance of all its contractual obligations.
1.7
Day, Month or Year means calendar day, calendar month or calendar year.
1.8
Engineer means an authorized representative of the Owner, if any, to which the Owner has entrusted
various tasks in relation to the carrying out of his Project and in particular the implementation of the
relevant Agreement. The Engineer is fully empowered to represent the Owner. For avoidance of doubt,
Consultant may be an Engineer. In case the Agreement does not specify the intervention by the Engineer,
the rights and obligations are exercised and borne by the Owner, mutatis mutandis.
1.9
Effective Date means a date on which Contractors obligations will commence and thereupon Delivery
Schedule and/or Completion Schedule will be drawn up.
1.10
Goods means all of the equipment, machinery, and/or other materials which the Contractor is required to
supply to the Owner under the Agreement.
1.11
1.12
Inspector means any person or outside Agency nominated by Owner to inspect equipment, stage wise as
well as final, before despatch, at Contractors works and/or on receipt at Site as per terms of the Agreement.
1.13
Notification of Award means date which is earlier of either a Fax of Intent (FOI) or Letter of Intent (LOI)
or Letter of Award (LOA) issued to a successful bidder for award of the work pursuant to bidding process.
1.14
Purchaser /or Owner means the organization purchasing the Goods / services i.e. Indraprastha Gas
Limited (IGL).
1.15
Services or Ancillary Services means those services ancillary to the supply of the Goods, such as
transportation and insurance, and any other incidental services, such as installation, commissioning,
provision of technical assistance, training and other such obligations of the Contractor covered under the
scope of the Agreement.
1.16
Site or Owners stores means the place or places named in tender document.
1.17
SCC means the SPECIAL CONDITIONS OF CONTRACT forming a part of the Contract Documents.
1.18
Supplier or Seller or Contractor means the individual person or firm or body corporate supplying the
Goods and Ancillary Services under the Agreement.
1.19
2.1
Notwithstanding the sub-division of the documents into these separate sections and volumes every part of
each shall be deemed to be supplementary to and complementary of every other part and shall be read with
and into the CONTRACT so far as it may be practicable to do so.
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GENERAL CONDITIONS OF
IGL/ND/C&P/P13028
CONTRACT
2.2
Where any portion of the General Condition of Contract is repugnant to or at variance with any provisions
of the Special Conditions of Contract, unless a different intention appears the provisions of the Special
Conditions of Contract shall be deemed to over-ride the provisions of the General Conditions of Contract
and shall to the extent of such repugnancy, or variations, prevail.
2.3
Wherever it is mentioned in the specifications that the CONTRACTOR shall perform certain WORK or
provide certain facilities, it is understood that the CONTRACTOR shall do so at his cost and the VALUE
OF CONTRACT shall be deemed to have included cost of such performance and provisions, so mentioned.
2.4
The materials, design and workmanship shall satisfy the relevant INDIAN STANDARDS, the JOB
SPECIFICATIONS contained herein and CODES referred to. Where the job specification stipulate
requirements in addition to those contained in the standard codes and specifications, these additional
requirements shall also be satisfied.
CONFIDENTIALITY
3.1
The Contractor cannot, without agreement of the Owner, disclose nor enable third parties to benefit from
the documents drawn up in the course of his obligations under the Agreement or information received from
the Owner / Consultant / Engineer/ Inspector.
3.2
Further, Contractor is not allowed to publish copy or transmit to third parties the documents that are
transmitted to him by Owner/ Consultant/ Engineer/ Inspector. The Owner/ Consultant retains the right to
claim damages from the Contractor in the case where these documents have been used without such written
consent.
3.3
However, these obligations do not apply to documents for which it can be demonstrated that
Such documents were already public before these were communicated to the other party, or have
become public since without any fault or negligence of the party concerned, or
Such documents were already in its possession without having obtained them directly or indirectly from
the other party, or
Such documents were obtained from an independent source that had neither direct nor indirect secrecy
commitment to the other party.
3.4
Regarding the application of this clause, the experts appointed by the Owner/ Engineer are not considered as
third parties, and for this reason they have to respect, towards the Contractor, the same obligations as the
Owner in these matters.
3.5
Any document, other than the Agreement itself, enumerated in GCC shall remain the property of the Owner
and shall be returned (all copies) to the Owner on completion of the Contractors obligations under the
Agreement, if so required by the Owner.
4.1
Within twenty one (21) days of the receipt of the notification of award/ Fax of Intent, the successful bidder
shall furnish the performance guarantee in accordance with General Conditions of Contract in the form
provided in the Bid documents.
4.2
The Contract Performance Bank Guarantee shall be taken @ 10% of the total order value for one year. The
Contract Performance Bank Guarantee shall be released within 90 days after the expiry of defect liability
period of respective order.
4.3
The Contract Performance Bank Guarantee will be discharged not later than six months from the date of
expiration of Contractors entire obligations including warrantee obligations under the contract.
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GENERAL CONDITIONS OF
IGL/ND/C&P/P13028
CONTRACT
4.4
In the event that completion of work is delayed beyond the scheduled completion date for any reason
whatsoever, the contractor shall have the validity of the Contract Performance Bank Guarantee suitably
extended to cover the period of delay.
4.5
The proceeds of the Contract Performance Bank Guarantee shall be payable to the Owner as compensation
for any loss or damage resulting from the Contractors failure to complete its obligations under the
Agreement.
4.6
The Contract Performance Bank Guarantee shall be denominated in the currency of the Agreement and shall
be in one of the following forms:
4.7
A bank guarantee issued by a scheduled/ Nationalized bank is acceptable to the Owner, in the form
provided in the bid documents. The Contract Performance Bank Guarantee will be discharged by the Owner
and returned to the Contractor not later than One hundred eighty (180) days following the date of
completion of all the Contractors performance obligations under the Contract, including any warranty
obligations.
4.8
The contractor shall submit a written request for release of Contract performance Bank Guarantee, on
successful completion of defect liability period.
5.1
TRANSPORTATION
6.1
Transportation of all items covered in the scope of contractor, will be arranged by contractor at his own cost
including insurance and storage. Contractor will also be responsible for taking delivery of free issue
material from Owners store and Transportation to place of work including its coverage for transit
insurance.
7.1
The Contractor warrants that the work carried out under the Agreement are meeting the requirement of the
Bid document and will rectify/ repair any defective work on receipt of instructions from Owner/ Consultant.
7.2
The Owner shall promptly notify the Contractor in writing of any claims arising under this warranty.
7.3
Upon receipt of such notice, the Contractor shall, within a reasonable period, repair or replace the defective
Goods or parts thereof, free of cost to the Owner. The Contractor may take over the replaced parts/ Goods
at the time of their replacement. No claim whatsoever shall lie on the Owner for the replaced parts/ goods
thereafter. In the event of any correction of defects or replacement of defective material during the warranty
period, the warranty for the corrected / replaced Goods or item or material shall be extended to a further
period of twelve (12) Months from the date of such repair/replacement if put to use immediately or eighteen
(18) Months. Defect liability period shall be 12 months from the date of handing over of the system to IGL.
7.4
If the Contractor, having been notified, fails to remedy the defect(s) within a reasonable period, the Owner
may proceed to take such remedial action as may be necessary, at the Contractors risk and expense and
without prejudice to any other rights which the Owner may have against the Contractor under the
Agreement.
PRICES
8.1
Prices charged by the Contractor for Goods delivered and all Services performed under the Agreement shall
be on firm price basis and not vary from the prices quoted by the Contractor in its bid, with the exception of
any price adjustments authorized as per tender document.
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GENERAL CONDITIONS OF
IGL/ND/C&P/P13028
CONTRACT
9.1
The Contractor agrees to and does hereby accept full and exclusive liability for the payment of any and all
taxes including BOCW tax, duties, etc. now or hereafter imposed, increased, modified, from time to time in
respect of Works and materials and all contributions and taxes for unemployment compensation, insurance
and old age pensions or annuities now or hereafter imposed by any Central or State Government authorities
which are imposed with respect to or covered by the wages, salaries, or other compensations paid to the
persons employed by the Contractor and the Contractor shall be responsible for the compliance with all
applicable Central, State, Municipal and local laws and regulations, and requirement of any Central, State or
local Government agency or authority.
9.2
Contractor further agrees to defend, indemnify and hold Owner harmless from any liability or penalty,
which may be imposed by the Central, State or Local authorities by reason or any violation by Contractor or
Sub-Contractor of such laws, suits or proceedings that may be brought against the Owner arising under,
growing out of, or by reason of the work provided for by this Contract, by third parties, or by Central or
State Government authority or any administrative sub-division thereof.
9.3
Tax deductions will be made as per the rules and regulations in force in accordance with acts prevailing
from time to time.
9.4
Service tax on free issue material shall be paid separately @40% of 12.36% i.e. 4.944%.
10
STATUTORY VARIATION
10.1
All statutory variations, change in law or imposition of any new taxes/ duties/ levies by any Central
Government/ State Government/ Civil Agencies shall be to Contractors account except for statutory
variations in VAT & Service Tax, which shall be reimbursed by Owner against documentary evidence
submitted by the Contractor.
11
PAYMENT
11.1
Contractor shall submit his monthly bills to the respective Engineer-In-Charge of Owner, attaching all the
required documentary proof confirming there upon that all statutory obligations as per rules are being
observed. Un-disputed payment shall be made to the contractor through Finance Department against Bills,
duly certified by respective Owners Engineer-In-Charge within 10 (Ten) days, if found in order. No
interest shall be paid in case of delay in payments. For payment terms, refer clause no. 6 of SCC.
11.2
Payment shall be released after applicable tax deductions at source as per rules & acts enforced during the
tenancy of the contract.
12
SUBCONTRACTING
12.1
The Contractor shall notify the Owner in writing of all subcontracts awarded under this Agreement if not
already notified in the Contractors bid and incorporated in the Agreement. Such notification and
incorporation shall not relieve the Contractor from any liability or obligation under the Agreement. Such
sub-contract shall be limited to certain bought-out items and sub-assemblies, which are not in line of
Contractors manufacturing or proposed manufacturing unit of authorized Contractor.
12.2
Such purchased and subcontracted items shall have to be necessarily in full compliance with the terms and
conditions of the Agreement and do not relieve the Contractor of any of his contractual obligations. The
Contractor shall be solely responsible for any action, deficiency or negligence of his sub contractors.
12.3
For any subcontract, the Owner is entitled to demand from the Contractor, for approval of the list of subcontractors, the Contractor intends to involve and of the orders he may entrust to them. Approval by the
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Owner cannot give rise to any legal bond between the Owner and the sub contractors and leaves full
responsibility only to the Contractor.
12.4
In the event where the warranty agreed between the Contractor and his sub-Contractors exceeds in scope or
in period those required under the Agreement, the Contractor undertakes to make the Owner the full and
direct beneficiary of such warranty.
13
13.1
Delivery of the Goods and performance of Services shall be made by the Contractor in accordance with the
time schedule prescribed by the Owner in the Completion Schedule.
13.2
If the CONTRACTOR refuses or fails to execute the WORK or any separate part thereof with such
diligence as will ensure its completion within the time specified in the CONTRACT or extension thereof
or fails to perform any of his obligation under the CONTRACT or in any manner commits a breach of any
of the provisions of the CONTRACT it shall be open to the OWNER at its option by written notice to the
CONTRACTOR:
13.2.1
TO DETERMINE THE CONTRACT in which event the CONTRACT shall stand terminated and shall
cease to be in force and effect on and from the date appointed by the OWNER on that behalf, whereupon
the CONTRACTOR shall stop forthwith any of the CONTRACTOR's work then in progress, except such
WORK as the OWNER may, in writing, require to be done to safeguard any property or WORK, or
installations from damage, and the OWNER, for its part, may take over the work remaining unfinished by
the CONTRACTOR and complete the same through a fresh contractor or by other means, at the risk and
cost of the CONTRACTOR, and any of his sureties if any, shall be liable to the OWNER for any excess
cost occasioned by such work having to be so taken over and completed by the OWNER over and above the
cost at the rates specified in the schedule of quantities and rate/prices.
13.2.2
WITHOUT DETERMINING THE CONTRACT to take over the work of the CONTRACTOR or any part
thereof and complete the same through a fresh contractor or by other means at the risk and cost of the
CONTRACTOR. The CONTRACTOR and any of his sureties are liable to the OWNER for any excess cost
over and above the cost at the rates specified in the Schedule of Quantities/ rates, occasioned by such works
having been taken over and completed by the OWNER.
13.3
13.3.1
The whole or part of the Contract Performance Security furnished by the CONTRACTOR is liable to be
forfeited without prejudice to the right of the OWNER to recover from the CONTRACTOR the excess cost
referred to in the sub clause aforesaid, the OWNER shall also have the right of taking possession and utilising in
completing the works or any part thereof, such as materials equipment and plants available at work site
belonging to the CONTRACTOR as may be necessary and the CONTRACTOR shall not be entitled for any
compensation for use or damage to such materials, equipment and plant.
13.3.2
The amount that may have become due to the CONTRACTOR on account of work already executed by him
shall not be payable to him until after the expiry of Six (6) calendar months reckoned from the date of
termination of CONTRACT or from the taking over of the WORK or part thereof by the OWNER as the case
may be, during which period the responsibility for faulty materials or workmanship in respect of such work
shall, under the CONTRACT, rest exclusively with the CONTRACTOR. This amount shall be subject to
deduction of any amounts due from the CONTRACT to the OWNER under the terms of the CONTRACT
authorised or required to be reserved or retained by the OWNER.
13.4
Before determining the CONTRACT provided in the judgement of the OWNER, the default or defaults
committed by the CONTRACTOR is/are curable and can be cured by the CONTRACTOR if an opportunity
given to him, then the OWNER may issue Notice in writing calling the CONTRACTOR to cure the default
within such time specified in the Notice.
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13.5
The OWNER shall also have the right to proceed or take action above, in the event that the CONTRACTOR
becomes bankrupt, insolvent, compounds with his creditors, assigns the CONTRACT in favour of his
creditors or any other person or persons, or being a company or a corporation goes into voluntary
liquidation, provided that in the said events it shall not be necessary for the OWNER to give any prior
notice to the CONTRACTOR.
13.6
Termination of the CONTRACT as provided above shall not prejudice or affect their rights of the OWNER
which may have accrued upto the date of such termination.
13.7
Except as provided under GCC or for the reasons solely attributable to the Owner, a delay by the Contractor
in the performance of its delivery obligations shall render the Contractor liable to the imposition of
liquidated damages pursuant to GCC, unless an extension of time is agreed upon without the application of
liquidated damages.
14
14.1
In any case in which become exercisable and the same had not been exercised, the non-exercise thereof
shall not constitute a waiver of any of the conditions hereof and such powers shall notwithstanding be
exercisable in the event of any further case of default by the CONTRACTOR for which by any clause or
clauses hereof he is declared any of the powers conferred upon the OWNER BY CLAUSE 13 thereof shall
have liable to pay compensation amounting to the whole of his Contract Performance Security, and the
liability of the CONTRACTOR for past and future compensation shall remain unaffected. In the event of
the OWNER putting in force the power under above sub clause vested in him under the preceding clause he
may, if he so desired, take possession of all or any tools, and plants, materials and stores in or upon the
works or the site thereof belonging to the CONTRACTOR or procured by him and intended to be used for
the execution of the WORK or any part thereof paying or allowing for the same in account at the
CONTRACT rates or in case of these not being applicable at current market rates to be certified by the
ENGINEER-IN-CHARGE whose certificate thereof shall be final, otherwise the ENGINEER-IN-CHARGE
may give notice in writing to the CONTRACTOR or his clerk of the works, foreman or other authorised
agent, requiring him to remove such tools, plant, materials or stores from the premises (within a time to be
specified in such notice), and in the event of the CONTRACTOR failing to comply with any such
requisition, the ENGINEER-IN-CHARGE may remove them at the Contractors expense or sell them by
auction or private sale on account of the CONTRACTOR and at his risk in all respects without any further
notice as to the date, time or place of sale and the certificate of the ENGINEER-IN-CHARGE as to the
expenses of any such removal and the amount of the proceeds and expenses of any such sale shall be final
and conclusive against the CONTRACTOR.
15
15.1
Save for the cases provided for in Clause, if the Contractor fails to fulfil any of his obligations, the Owner
reserves the right, after simple summons to comply and without prejudice to any other measures provided
for in the Contract Documents, to offset the Contractors deficiency by substituting Contractor by another
third party to the Contractor for the purpose of carrying out those obligations, at the Contractors expense,
risk and peril, or to terminate the Agreement without prejudice to the Owners rights of receiving reparation
for the resulting damage.
15.2
The Owner may terminate the Agreement when the Contractors situation at any time after Notification of
the Award is found to have become so precarious that there is every indication that he will not be able to
fulfil his obligations. Such indications may be, for example, the Contractors filing for bankruptcy or
composition, or going into receivership or liquidation, or any similar procedures under applicable
legislation.
16
CHANGE IN CONSTITUTION
16.1
Where the CONTRACTOR is a partnership firm, the prior approval of the OWNER shall be obtained in
writing, before any change is made in the constitution of the firm. Where the CONTRACTOR is an
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individual or a Hindu undivided family business concern, such approval as aforesaid shall, likewise be
obtained before such CONTRACTOR enters into any agreement with other parties, where under, the
reconstituted firm would have the right to carry out the work hereby undertaken by the CONTRACTOR. In
either case if prior approval as aforesaid is not obtained, the CONTRACT shall be deemed to have been
allotted in contravention of clause 12 hereof and the same action may be taken and the same consequence
shall ensure as provided in the said clause.
17
17.1
No Director, or official or employee of the OWNER/ CONSULTANT shall in any way be personally bound
or liable for the acts or obligations of the OWNER under the CONTRACT or answerable for any default or
omission in the observance or performance of any of the acts, matters or things, which are herein contained
18
18.1
The CONTRACTOR shall provide and maintain an office and at the site for the accommodation of his
Engineer and staff and such office shall be open at all reasonable hours to receive instructions, notice or
other communications.
18.2
The contractor shall provide and maintain stores at site with sufficient covered area and lock & key
arrangement for receiving, proper stocking and issue/return of all material under his scope of work as
defined in the tender document. Further, the contractor shall maintain proper documentation of stocks and
receipt & issue of material and update the same on daily basis by deploying dedicated resources as specified
by the Engineer-In-Charge. The space so provided shall be in addition to and distinctly separate from the
free-issue material by the Purchaser for proper identification and verification of both types of stocks at any
time.
19
19.1
The contractor shall indemnify the Owner and every member, officer and employee of the Owner, also
Engineer-In-Charge and his staff against all action, proceedings, claims, demands, costs and expenses
whatsoever arising out of all action, proceedings, claims, demands, costs and expenses which may be made
against the Owner for or in respect of or arising out of any failure by the contractor in the performance of
his obligations under the contract. The Owner shall not be liable for or in respect of consequence of any
accident or injury to any workmen or other person in the employment of the contractor or his sub-contractor
and contractor shall indemnify and keep the Owner indemnified against all such damages and
compensations and against all claims, proceedings, claims, demands, costs and expenses whatsoever in
respect thereof or in relation thereof.
19.2
If any action is brought before a Court, Tribunal or any other Authority against the Owner or an officer or
agent of the OWNER, for the failure, omission or neglect on the part of the CONTRACTOR to perform any
acts, matters, covenants or things under the CONTRACT, or damage or injury caused by the alleged
omission or negligence on the part of the CONTRACTOR, his agents, representatives or his SUBCONTRACTOR's, or in connection with any claim based on lawful demands of SUB-CONTRACTOR's
workmen, Contractors or employees, the CONTRACTOR, shall in such cases indemnify and keep the
OWNER and/or their representatives harmless from all losses, damages, expenses or decrees arising out of
such action.
19.3
If Owner have to pay any money in respect of such claims or demands as aforesaid the amount so paid and
the costs incurred by the Owner shall be charged to and paid by the Contractor and the Contractor shall not
be at liberty to dispute or question the right of the Owner to make such payments notwithstanding the same
may have been made without the consent or authority or in law or otherwise to the contrary.
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20
SAFETY REGULATIONS
20.1
In respect of all labour, directly or indirectly employed in the WORK for the performance of
CONTRACTOR's part of this agreement, the CONTRACTOR shall at his own expense arrange for all the
safety provisions as per safety codes and abide by all labour laws, fire and statutory regulations and keep the
Owner indemnified in respect thereof.
21
21.1
The CONTRACTOR shall have to execute the WORK in such place and conditions where other agencies
will also be engaged for other works. No claim shall be entertained due to WORK being executed in the
above circumstances
22
LIENS
22.1
The OWNER shall have lien on all materials, equipments including those brought by the CONTRACTOR
for the purpose of erection, testing and commissioning of the WORK.
22.2
If, at any time there should be evidence or any lien or claim for which the OWNER might have become
liable and which is chargeable to the CONTRACTOR, the OWNER shall have the right to retain out of any
payment then due or thereafter to become due an amount sufficient to completely indemnify the OWNER
against such lien or claim and if such lien or claim be valid, the OWNER may pay and discharge the same
and deduct the amount so paid from any money which may be or may become due and payable to the
CONTRACTOR. If any lien or claim remain unsettled after all payments are made, the CONTRACTOR
shall refund or pay to the OWNER all money that the latter may be compelled to pay in discharging such
lien or claim including all costs and reasonable expenses. OWNER reserves the right to do the same
23
23.1
The Owner, by written notice sent to the Contractor, may terminate the Agreement, in whole or in part, at
any time for its convenience. The notice of termination shall specify that termination is for the Owners
convenience, the extent to which performance of the Contractor under the Agreement is terminated, and the
date upon which such termination becomes effective.
23.2
The Goods that are complete and ready for shipment/ dispatch as on the date of Contractors receipt of
notice of termination shall be accepted by the Owner on the terms and prices mutually agreed at that time.
23.3
24
24.1
If the CONTRACT shall be terminated as per Bid pursuant to Clause no. 15 of GCC, the CONTRACTOR
shall be paid by the OWNER in so far as such amounts or items shall not have already been covered by
payments of amounts made to the CONTRACTOR for the WORK executed and accepted by
ENGINEER-IN-CHARGE prior to the date of termination at the rates and prices provided for in the
CONTRACT and in addition to the following:
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a)
The amount payable in respect of any preliminary items, so far as the Work or service comprised therein
has been carried out or performed and an appropriate portion as certified by ENGINEER-IN-CHARGE of
any such items or service comprised in which has been partially carried out or performed.
b) Any other expenses which the CONTRACTOR has spent for performing the WORK under the
CONTRACT subject to being duly recommended by ENGINEER-IN-CHARGE and approved by
OWNER for payment, based on documentary evidence of his having incurred such expenses.
24.2
The CONTRACTOR will be further required to transfer the title and provide the following in the manner
and as directed by the OWNER.
a)
a)
Such partially completed WORK including drawings, information and CONTRACT rights as the
CONTRACTOR has specially performed, produced or acquired for the performance of the
CONTRACTOR.
25
NO WAIVER OF RIGHTS
25.1
Neither the inspection by the OWNER or any of their officials, employees, or agents nor any order by the
OWNER for payment of money or any payment for or acceptance of the whole or any part of the Work by
the OWNER nor any extension of time, nor any possession taken by OWNER shall operate as a waiver of
any provision of the CONTRACT, or of any power herein reserved to the OWNER, or any right to damages
herein provided, nor shall any waiver of any breach in the CONTRACT be held to be a waiver of any other
subsequent breach.
26
PLANNING
26.1
Unless otherwise stated in the Agreement, the Contractor shall furnish to Owner not later than fifteen (15)
Days from date of Notification of Award the following:
26.2
A bar chart, or similar, including the network of activities if required on account of the complexity of the
Agreement, showing the time-scale of the main steps in the carrying out of his obligations, and showing at
least :
The dates at which the Contractor has to supply the informations and documents stipulated by the
award,
The dates at which the main orders for materials and equipment (bought out items) must normally be
placed, and the required Completion dates for these,
The method by which the Goods and /or Services are carried out outside the Site so that the contractual
time-limits can be met,
26.3
The organizational chart, with names, of the team in control of the studies and the carrying out of the work.
The Contractor describes the liaisons between said team and his existing structure. Contractor will state the
skills and experience of the personnel involved regarding similar projects. This organizational chart also
shows the links with his sub contractors.
26.4
This planning does not relieve the Contractor of any of its obligations including Completion Schedule.
26.5
The details of site office and site stores for stocking the material in his scope of work as well as the free
issued material.
27
PROGRESS
27.1
The planning (bar chart or similar physical progress forecast and quantities of manpower) established as per
Clause 26 shall be used as a reference to regularly monitor the progress of the Contractor's obligations. In
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particular, the latter requires furnishing to the Owner in principle monthly, the actual physical progress
computed by the method referred to in GCC Clause 26.
27.2
The planning is to be updated regularly by the Contractor, and is reviewed when the Owner so requests, any
time particular circumstances significantly affect the elements that were taken into account when the
planning was established.
27.3
If the work progress rate is deemed insufficient to meet the prescribed time-limits, the Owner will notify
this to the Contractor and will demand that Contractor defines, in writing and within fifteen (15) Days, the
measures he intends to take in order to improve the rate of progress, which measures have to receive the
prior approval of the Owner.
27.4
The Owner and/or Consultant reserve the right to have the progress of studies, procurement, work or any
other contractual services monitored by any person of their choice, without this right in any way diluting the
Contractors obligations.
28
28.1
Unless otherwise specified elsewhere in the tender, the execution of the WORK may entail working in the
monsoon. The CONTRACTOR must maintain a minimum labour force as may be required for the job and
plan and execute the construction and erection according to the prescribed schedule. No extra rate will be
considered for such work in monsoon.
28.2
During monsoon and other period, it shall be the responsibility of the CONTRACTOR to keep the
construction work site free from water logging at his own cost.
29
29.1
For carrying out Work on Sundays, and Holidays, the CONTRACTOR will approach the ENGINEER-INCHARGE or his representative at least two days in advance and obtain permission in writing. The
CONTRACTOR shall observe all labour laws and other statutory rules and regulations in force. In case of
any violations of such laws, rules and regulations, consequence if any, including the cost thereto shall be
exclusively borne by the CONTRACTOR and the OWNER shall have no liability whatsoever on this
account.
30
SETTLEMENT OF DISPUTES
30.1
The rules of procedure for arbitration proceedings shall be as per Indian Arbitration and Conciliation Act
1996 or as amended.
30.2
If any dispute or difference arising between the Parties in respect of or concerning or connected with the
interpretation or implementation of this Agreement or otherwise arising out of this Agreement, the parties
hereto shall promptly and in good faith negotiate with a view to bring out and amicable resolution and
settlement.
30.3
If, after thirty (30) days, the parties have failed to resolve their dispute or difference by such mutual
consultation, then either the Owner or the Supplier may give notice to the other party of its intention to
commence arbitration, as hereinafter provided, as to the matter in dispute, and no arbitration in respect of
this matter may be commenced unless such notice is given.
30.4
In the event, no amicable resolution or settlement is reached within a period of 30 days from the date on
which such dispute or difference arose, such dispute or difference shall be referred for adjudication by sole
Arbitrator to be appointed by the Managing Director (MD) of IGL, in accordance with the Arbitration and
Conciliation Act, 1996 and rules made there under or any statutory modification in case the Arbitrator so
appointed is related to IGL in any manner whatsoever.
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30.5
The Arbitration proceedings shall be held in Delhi and shall be conducted in English Language. The
decision of such arbitration shall be binding and conclusive upon the Parties. The Parties to the arbitration
shall equally share the costs and expenses of any such arbitration.
30.6
It is hereby clarified that the Courts at Delhi alone shall have jurisdiction to try and entertain any and all
suits or other proceedings in respect of, relating to or otherwise arising out of this Agreement.
30.7
Notwithstanding any reference to arbitration herein, the parties shall continue to perform their respective
obligations under the Agreement unless they otherwise agree.
31
LIMITATION OF LIABILITY
31.1
Except in cases of wilful negligence or wilful misconduct, and in the case of infringement, the Contractor
shall not be liable to the Owner, whether in contract, tort, or otherwise, for any indirect or consequential
loss or damage, loss of use, loss of production, or loss of profits provided that this exclusion shall not apply
to any obligation of the Contractor to pay PRS to the Owner and the aggregate liability of the Contractor to
the Owner, whether under the Contract, in tort or otherwise, shall not exceed the total Contract Price,
provided that this limitation shall not apply to the cost of repairing or replacing defective equipment.
32
GOVERNING LANGUAGE
32.1
The Agreement shall be written in English language unless specified otherwise in the SCC. All
correspondence and other documents pertaining to the Agreement which are exchanged by the parties shall
be written in the same language. In case, any document/brochure etc. is written in any other language then
its English translation shall govern.
33
APPLICABLE LAW
33.1
The Contract shall be governed and interpreted in accordance with the applicable laws of India and Courts
at Delhi shall have exclusive jurisdiction.
34
NOTICES
34.1
Any notice given by one party to the other pursuant to this Agreement shall be sent to the other party in
writing by registered mail or facsimile and confirmed in writing to the other partys address specified in the
Agreement.
34.2
A notice shall be effective when delivered or on the notices effective date, whichever is later.
35
INSURANCE
35.1
GENERAL
CONTRACTOR shall at his own expense arrange secure and maintain insurance with reputable insurance
companies to the satisfaction of the OWNER as follows:
CONTRACTOR at his cost shall arrange, secure and maintain insurance as may be necessary and to its full
value for all such amounts to protect the WORKS in progress from time to time and the interest of OWNER
against all risks as detailed herein. The form and the limit of such insurance, as defined here in together with
the under works thereof in each case should be as acceptable to the OWNER. However, irrespective of work
acceptance the responsibility to maintain adequate insurance coverage at all times during the period of
CONTRACT shall be that of CONTRACTOR alone. CONTRACTORs failure in this regard shall not
relieve him of any of his responsibilities and obligations under CONTRACT.
Any loss or damage to the work/ material, during transportation, storage, erection and completion of work
till such time the WORK is taken over by OWNER, shall be to the account of CONTRACTOR.
CONTRACTOR shall be responsible for preferring of all claims and make good for the damage or loss by
way of repairs and/or replacement of the parts of the Work damaged or lost. CONTRACTOR shall provide
the OWNER with a copy of all insurance policies and documents taken out by him in pursuance of the
CONTRACT. Such copies of document shall be submitted to the OWNER immediately upon the
CONTRACTOR having taken such insurance coverage. CONTRACTOR shall also inform the OWNER at
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least thirty days in advance regarding the expiry cancellation and/or changes in any of such documents and
ensure revalidation/renewal etc., as may be necessary well in time.
All costs on account of insurance liabilities covered under CONTRACT will be to CONTRACTOR's
account and will be included in VALUE OF CONTRACT. However, the OWNER may from time to time,
during the currency of the CONTRACT, ask the CONTRACTOR in writing to limit the insurance coverage
risk and in such a case, the parties to the CONTRACT will agree for a mutual settlement, for reduction in
VALUE OF CONTRACT to the extent of reduced premium amounts.
CONTRACTOR as far as possible shall cover insurance with Indian Insurance Companies.
i)
The CONTRACTOR agrees to and does hereby accept full and exclusive liability for the compliance with
all obligations imposed by the Employee State Insurance Act 1948 and the CONTRACTOR further agrees
to defend, indemnify and hold OWNER harmless for any liability or penalty which may be imposed by the
Central, State or Local authority by reason of any asserted violation by CONTRACTOR or SUBCONTRACTOR of the Employees' State Insurance Act, 1948, and also from all claims, suits or proceeding
that may be brought against the OWNER arising under, growing out of or by reasons of the work provided
for by this CONTRACTOR, by third parties or by Central or State Government authority or any political
sub- division thereof.
The CONTRACTOR agrees to fill in with the Employees State Insurance Corporation, the Declaration
Forms, and all forms which may be required in respect of the CONTRACTOR's or SUB- CONTRACTOR's
employees, who are employed in the WORK provided for or those covered by ESI from time to time under
the Agreement. The CONTRACTOR shall deduct and secure the agreement of the SUB- CONTRACTOR
to deduct the employees contribution as per the first schedule of the Employees State Insurance Act from
wages and affix the Employees Contribution Card at wages payment intervals. The CONTRACTOR shall
remit and secure the agreement of SUB-CONTRACTOR to remit to the State Bank of India, Employee's
State Insurance Corporation Account, the Employee's contribution as required by the Act. The
CONTRACTOR agrees to maintain all cards and Records as required under the Act in respect of employees
and payments and the CONTRACTOR shall secure the agreement of the SUB-CONTRACTOR to maintain
such records. Any expenses incurred for the contributions, making contributions or maintaining records
shall be to the CONTRACTORs or SUB-CONTRACTOR's account.
The OWNER shall retain such sum as may be necessary from the total VALUE OF CONTRACT until the
CONTRACTOR shall furnish satisfactory proof that all contributions as required by the Employees State
Insurance Act, 1948, have been paid. This will be pending on the CONTRACTOR when the ESI Act is
extended to the place of work.
ii) WORKMEN COMPENSATION AND OWNER'S LIABILITY INSURANCE:
Workmen Compensation and Owners Liability Insurance shall be taken by the CONTRACTOR at its own
cost covering all its employees who are engaged in the performance of this CONTRACT. If any of the work
is sublet, the CONTRACTOR shall require the SUB-CONTRACTOR to provide workman's Compensation
and Owners liability insurance for the latters employees if such employees are not covered under the
CONTRACTORs Insurance.
The policy shall indicate:
1.
2.
3.
4.
5.
Contract No.
Complete scope of work
Site/ location details
Details of workmen to be insured
Validity period of the insurance coverage
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Open transit policy of all items to be transported by the CONTRACTOR to the SITE of WORK, shall be
taken by the CONTRACTOR and monthly declaration of the materials to be transported or transported to be
declared to the insurance agency. This will include the materials to be supplied by the CONTRACTOR to
IGL site and or any free issue materials issued by IGL, to be transported to site for execution of work. The
cost of transit insurance should be borne by the CONTRACTOR and the quoted price shall be inclusive of
this cost.
iv) CONTRACTORS ALL RISK INSURANCE POLICY (CAR )
The contractor shall take all risk insurance policy at its own cost to cover physical loss or damage to the
works at the site occurring prior to acceptance of work or part thereof taken over by the owner at its sole
discretion with an extended maintenance coverage for the contractors liability including Third Party
Liability in respect of any loss or damage during the warranty period. Endorsements to the policy shall
include coverage for faulty workmanship and materials.
Contractor will be required to take insurance coverage of minimum 1.5 times the order value to cover the
cost of free issue material/items issued by the Owner and the cost of materials being procured by the
CONTRACTOR.
The policy shall indicate:
1.
2.
3.
4.
5.
Contract No.
Complete scope of work
Site/ location details
Type of risks covered
Validity period of the insurance coverage
The contractor shall take all risk insurance policy at its own cost to cover physical loss or damage to the
works at the site occurring prior to acceptance of work or part thereof taken over by the owner at its sole
discretion with an extended maintenance coverage for the contractors liability in respect of any loss or
damage during the warranty period. Endorsements to the policy shall include coverage for faulty
workmanship and materials.
The policy shall indicate complete scope of work, site, location details of work, type of risks covered and
validity of the insurance
v) ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATIONS OR BY OWNER:
CONTRACTOR shall also carry and maintain any and all other insurance(s), which he may be required under
any law or regulation from time to time without any extra cost to OWNER. He shall also carry and maintain
any other insurance which may be required by the OWNER
36
36.1
CONTRACTOR shall be responsible for making good to the satisfaction of the OWNER any loss or any
damage to structures and properties belonging to the OWNER or being executed or procured or being
procured by the OWNER or of other agencies within in the premises of all the work of the OWNER, if such
loss or damage is due to fault and/or the negligence or wilful acts or omission of the CONTRACTOR, his
employees, agents, representatives or SUB-CONTRACTORs.
36.2
The CONTRACTOR shall take sufficient care in moving his plants, equipments and materials from one
place to another so that they do not cause any damage to any person or to the property of the OWNER or
any third party including overhead and underground cables and in the event of any damage resulting to the
property of the OWNER or of a third party during the movement of the aforesaid plant, equipment or
materials the cost of such damages including eventual loss of production, operation or services in any plant
or establishment as estimated by the OWNER or ascertained or demanded by the third party shall be borne
by the CONTRACTOR. Third party liability risk shall be Rupees One lakh for single accident and limited
to Rupees Ten lakhs.
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36.3
The CONTRACTOR shall indemnify and keeps the OWNER harmless of all claims for damages to
property other than OWNER's property arising under or by reason of this agreement, if such claims result
from the fault and/or negligence or wilful acts or omission of the CONTRACTOR, his employees, agents,
representative of SUB-CONTRACTOR.
37
37.1
The date of coming into effect shall be the date of Notification of Award unless otherwise specified in SCC.
38
EXECUTION OF WORK
38.1
The CONTRACTOR shall be responsible for ensuring that works throughout are executed in the most
substantial, proper and workmanlike manner with the quality of material and workmanship in strict
accordance with the SPECIFICATIONS and to the entire satisfaction of the ENGINEER-IN-CHARGE.
The CONTRACTOR shall provide all necessary materials equipment labour etc. for execution and
maintenance of WORK till completion unless otherwise mentioned in the CONTRACT
39
39.1
CONTRACTOR shall be solely responsible for making available for executing the WORK, all requisite
CONSTRUCTION EQUIPMENTS, Special Aids, Barges, Cranes and the like, all Tools, Tackles and
Testing Equipment and Appliances, including imports of such equipment etc. as required. In case of import
of the same the rates applicable for levying of Custom Duty on such Equipment, Tools, & Tackles and the
duty drawback applicable thereon shall be ascertained by the CONTRACTOR from the concerned
authorities of Government of India. It shall be clearly understood that OWNER shall not in any way be
responsible for arranging to obtain Custom Clearance and/or payment of any duties and/or duty draw backs
etc. for such equipments so imported by the CONTRACTOR and the CONTRACTOR shall be fully
responsible for all taxes, duties and documentation with regard to the same. Bidder in his own interest may
contact, for any clarifications in the matter, concerned agencies/Dept./Ministries of Govt. of India. All
clarifications so obtained and interpretations thereof shall be solely the responsibility of the
CONTRACTOR
40
CARE OF WORKS
40.1
From the commencement to completion of the WORK, the CONTRACTOR shall take full responsibility
for the care for all works including all temporary works and in case any damages, loss or injury shall
happen to the WORK or to any part thereof or to any temporary works from any cause whatsoever, shall at
his own cost repair and make good the same so that at completion the WORK shall be in good order and in
conformity in every respects with the requirement of the CONTRACT and the ENGINEER-IN- CHARGE's
instructions
41
41.1
The WORK covered under this CONTRACT having to be executed by the CONTRACTOR on a lump sum
firm price. The OWNER will not accept any proposals for changes in VALUE OF CONTRACT or
extension in time on account of any such changes which may arise to the CONTRACTOR's scope of
WORK as a result of detailed Engineering and thereafter during the execution of WORK. The only
exception to this will be a case where the OWNER requests in writing to the CONTRACTOR to upgrade
the SPECIFICATIONS or the size of any major pieces of equipments, plant or machinery beyond what is
normally required to meet the scope of WORK as defined in the CONTRACT DOCUMENT.
41.2
In such cases, a change order will be initialled by the CONTRACTOR at the appropriate time for the
OWNER's prior approval giving the full back-up data for their review and for final settlement of any impact
on price within 30 (thirty) days thereafter
42
42.1
Upon failure of the CONTRACTOR to comply with any instructions given in accordance with the
provisions of this CONTRACT the OWNER has the alternative right, instead of assuming charge of entire
WORK, to place additional labour force, tools, equipments and materials on such parts of the WORK, as
the OWNER may designate or also engage another CONTRACTOR to carry out the WORK. In such cases,
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the OWNER shall deduct from the amount which otherwise might become due to the CONTRACTOR, the
cost of such work and material with ten percent (10%) added to cover all departmental charges and should
the total amount thereof exceed the amount due to the CONTRACTOR, the CONTRACTOR shall pay the
difference to the OWNER.
43
43.1
The ENGINEER-IN-CHARGE shall have the right to take possession of or use any completed or partially
completed WORK or part of the WORK. Such possession or use shall not be deemed to be an acceptance of
any work completed in accordance with the CONTRACT agreement. If such prior possession or use by the
ENGINEER-IN- CHARGE delays the progress of WORK, equitable adjustment in the time of completion
will be made and the CONTRACT agreement shall be deemed to be modified accordingly.
44
SUSPENSION OF WORKS
44.1
Subject to the provisions of sub-para (ii) of this clause, the CONTRACTOR shall, if ordered in writing by
the ENGINEER-IN-CHARGE, or his representative, temporarily suspend the WORKS or any part thereof
for such written order, proceed with the WORK therein ordered to be suspended until, he shall have
received a written order to proceed therewith. The CONTRACTOR shall not be entitled to claim
compensation for any loss or damage sustained by him by reason of temporary suspension of the WORKS
aforesaid. An extension of time for completion, corresponding with the delay caused by any such
suspension of the WORKS as aforesaid will be granted to the CONTRACTOR should he apply for the same
provided that the suspension was not consequent to any default or failure on the part of the CONTRACTOR
44.2
45
CARE OF WORKS
45.1
Decide that any works done or materials used by the CONTRACTOR or by any SUB-CONTRACTOR
is defective or not in accordance with the CONTRACT, or that the works or any portion thereof are
defective, or do not fulfil the requirements of CONTRACT (all such matters being hereinafter, called
`Defects' in this clause), and
b) As soon as reasonably practicable, gives to the CONTRACTOR notice in writing of the said decision,
specifying particulars of the defects alleged to exist or to have occurred, then the CONTRACTOR shall
at his own expenses and with all speed make good the defects so specified.
In case CONTRACTOR shall fail to do so, the OWNER may take, at the cost of the CONTRACTOR, such
steps as may in all circumstances, be reasonable to make good such defects. The expenditure so incurred by
the OWNER will be recovered from the amount due to the CONTRACTOR. The decision of the
ENGINEER-IN-CHARGE with regard to the amount to be recovered from the CONTRACTOR will be
final and binding on the CONTRACTOR. As soon as the WORK has been completed in accordance with
the CONTRACT (except in minor respects that do not affect their use for the purpose for which they are
intended and except for maintenance thereof provided in tender document and have passed the tests on
completion, the ENGINEER-IN-CHARGE shall issue a certificate (hereinafter called Completion
Certificate) in which he shall certify the date on which the WORK have been so completed and have passed
the said tests and the OWNER shall be deemed to have taken over the WORK on the date so certified. If the
WORK has been divided into various groups in the CONTRACT, the OWNER shall be entitled to take over
any group or groups before the other or others and there upon the ENGINEER-IN-CHARGE shall issue a
Completion Certificate which will, however, be for such group or groups so taken over only. In such an
event if the group /section/ part so taken over is related, to the integrated system of the work, not
withstanding date of grant of Completion Certificate for group/ section/ part. The period of liability in
respect of such group/ section/ part shall extend 12 (twelve) months from the date of completion of WORK.
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45.2
46
46.1
If during the progress of the WORK, OWNER shall decide and inform in writing to the CONTRACTOR,
that the CONTRACTOR has manufactured any plant or part of the plant unsound or imperfect or has
furnished plant inferior to the quality specified, the CONTRACTOR on receiving details of such defects or
deficiencies shall at his own expenses within 7 (seven) days of his receiving the notice, or otherwise within
such time as may be reasonably necessary for making it good, proceed to alter, re-construct or remove such
work and furnish fresh equipments upto the standards of the specifications. In case the CONTRACTOR
fails to do so, OWNER may on giving the CONTRACTOR 7 (seven) day's notice in writing of his
intentions to do so, proceed to remove the portion of the WORK so complained of and at the cost of
CONTRACTOR's, perform all such works or furnish all such equipments provided that nothing in the
clause shall be deemed to deprive the OWNER of or affect any rights under the CONTRACT, the OWNER
may otherwise have in respect of such defects and deficiencies.
46.2
The CONTRACTOR's full and extreme liability under this clause shall be satisfied by the payments to the
OWNER of the extra cost, of such replacements procured including erection/installation as provided for in
the CONTRACT; such extra cost being the ascertained difference between the price paid by the OWNER
for such replacements and the CONTRACT price portion for such defective plants and repayments of any
sum paid by the OWNER to the CONTRACTOR in respect of such defective plant. Should the OWNER
not so replace the defective plant the CONTRACTOR's extreme liability under this clause shall be limited
to the repayment of all such sums paid by the OWNER under the CONTRACT for such defective plant.
47
DEFENCE OF SUITS
47.1
If any action is brought before a Court, Tribunal or any other Authority against the Owner or an officer or
agent of the OWNER, for the failure, omission or neglect on the part of the CONTRACTOR to perform any
acts, matters, covenants or things under the CONTRACT, or damage or injury caused by the alleged
omission or negligence on the part of the CONTRACTOR, his agents, representatives or his SUBCONTRACTOR's, or in connection with any claim based on lawful demands of SUB-CONTRACTOR's
workmen or employees, the CONTRACTOR, shall in such cases indemnify and keep the OWNER and/or
their representatives harmless from all losses, damages, expenses or decrees arising out of such action.
48
48.1
All costs, damages or expenses which OWNER may have paid or incurred, which under the provisions of
the CONTRACT, the CONTRACTOR is liable/will be liable, will be claimed by the OWNER. All such
claims shall be billed by the OWNER to the CONTRACTOR regularly as and when they fall due. Such
claims shall be paid by the CONTRACTOR within 15 (fifteen) days of the receipt of the corresponding bills
and if not paid by the CONTRACTOR within the said period, the OWNER may, then, deduct the amount
from any moneys due i.e., Contract Performance Security or becoming due to the CONTRACTOR under
the CONTRACT or may be recovered by actions of law or otherwise, if the CONTRACTOR fails to satisfy
the OWNER of such claims
49
COMPLETION CERTIFICATE
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49.1
49.2
Completion Certificate:
Within one month of the completion of the WORK in all respects, the CONTRACTOR shall be furnished
with a certificate by the ENGINEER-IN-CHARGE of such completion, but no certificate shall be given nor
shall the WORK be deemed to have been executed until all scaffolding, surplus materials and rubbish is
cleared off the SITE completely nor until the WORK shall have been measured by the ENGINEER-INCHARGE whose measurement shall be binding and conclusive. The WORKS will not be considered as
complete and taken over by the OWNER, until all the temporary works, labour and staff colonies are
cleared to the satisfaction of the ENGINEER-IN-CHARGE.
If the CONTRACTOR fails to comply with the requirements of this clause on or before the date fixed for
the completion of the WORK, the ENGINEER-IN-CHARGE may at the expense of the CONTRACTOR
remove such scaffolding, surplus materials and rubbish and dispose off the same as he thinks fit and clean
off such dirt as aforesaid, and the CONTRACTOR shall forthwith pay the amount of all expenses so
incurred and shall have no claim in respect of any such scaffolding or surplus materials as aforesaid except
for any sum actually realised by the sale thereof.
49.3
The technical documents according to which the WORK was carried out.
ii) Four (4) sets of construction drawings showing therein the modification and correction made during the
course of execution and signed by the ENGINEER-IN-CHARGE.
iii) COMPLETION CERTIFICATE for `embedded' and `covered' up work.
iv) Certificates of final levels as set out for various works.
v) Certificates of tests performed for various WORKS.
vi) Material appropriation, Statement for the materials issued by the OWNER for the WORK and list of
surplus materials returned to the OWNER's store duly supported by necessary documents.
50
50.1
Upon expiry of the period of liability and subject to the ENGINEER-IN-CHARGE being satisfied that the
WORKS have been duly completed by the CONTRACTOR and that the CONTRACTOR has in all respect
duly made-up any subsidence and performed all his obligations under the CONTRACT, the ENGINEERIN-CHARGE shall (without prejudice to the rights of the OWNER to retain the provisions of relevant
Clause hereof) otherwise give a certificate herein referred to as the FINAL CERTIFICATE to that effect
and the CONTRACTOR shall not be considered to have fulfilled the whole of his obligations under
CONTRACT until FINAL CERTIFICATE shall have been given by the ENGINEER-IN- CHARGE
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notwithstanding any previous entry upon the WORK and taking possession, working or using of the same
or any part thereof by the OWNER.
51
51.1
Except the FINAL CERTIFICATE, no other certificates or payments against a certificate or on general
account shall be taken to be an admission by the OWNER of the due performance of the CONTRACT or
any part thereof or of occupancy or validity of any claim by the CONTRACTOR.
52
CONTRACTORS RESPONSIBILITY
52.1
The contractor shall depute his supervisor for supervision of the services, as per the scope of services
mentioned and to receive instructions from Engineer-In-Charge or his representative.
52.2
Contractor shall make the salary payment to his personnel on or before 7th of every month and provide
acknowledgement of salary slip by his personnel to the Owner. In case of default by the contractor, Owner
will hold the release of contractors payment till the contractor makes the payment of salary to his personnel
or Owner may take suitable action at the risk & cost of Contractor.
52.3
Accommodation/ Transportation/ Conveyance/ Medical: The Contractor shall make his own
arrangement for the accommodation & medical assistance to his personnel at respective locations and
subsequent transportation / conveyance arrangement for them from their place of residence to work place or
any other place as required and Owner shall have no obligation in this respect. The Owner shall not be
responsible for providing any medical assistance to the contractor personnel.
52.4
Discipline: The Contractor shall be responsible for the discipline and good behaviour of all his personnel
deployed in the services and should any complaint be received against any of his employee, he shall arrange
to replace such person(s) within 24 hours of notice issued by the Engineer-in-Charge at his own cost. The
decision of the Engineer-in-Charge in this matter shall be final and binding on the Contractor.
52.5
Gate pass/ Identity Card/ Uniform: The Contractor shall arrange for the gate pass, uniforms &
requirement of supply/ renewal of identity cards to his workforce as per design to be approved by OWNER
at his own cost, if so required by OWNER for security or for any other reasons. Contractors personnel shall
be required to carry their respective Identity Cards while on duty and produce on demand.
53
MODIFICATION IN CONTRACT
53.1
All modifications leading to changes in the Contract with respect to technical and/or commercial aspects
shall be considered valid only when accepted in writing by Owner by issuing amendment to the Contract.
Issuance of acceptance or otherwise in such cases, shall not be any ground for extension of agreed
completion date and also shall not affect the performance of contract in any manner except to the extent
mutually agreed through a modification of Contract.
53.2
Owner shall not be bound by any printed conditions or provisions in the Contractors Bid Forms or
acknowledgment of Contract, invoices, packing list or any other documents, which imposes any conditions
at variance with or supplemental to Contract.
54
54.1
Nothing contained herein shall restrict OWNER from accepting similar services from other agencies at its
sole discretion and at the risk and cost of the contractor, if the contractor fails to provide the said services
any time not up to the satisfaction of Engineer-in-Charge.
55
SUB-LETTING OF CONTRACT
55.1
No part of this contract, nor any share or interest therein, in any manner or extent, will be transferred or
assigned or sub-let, directly or indirectly, to any person / firm or organisation by the contractor without
written consent of Owner.
56
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56.1
The Contractor shall indemnify Owner & shall be solely and exclusively responsible for any liability arising
due to any difference or dispute between him and his employee / Third Party for the execution of this
contract at any time during / after the contract period is over. All workmen engaged by the contractor shall
be on his roll and be paid by him and Owner shall have no responsibility towards them.
56.2
The Contractor shall be directly responsible and indemnify the Owner against all charges, claims, dues, etc.
arising out of disputes relating to the dues and employment of personnel deployed by him.
56.3
The Contractor shall indemnify the Owner against all losses or damages caused to it on account of acts of
the personnel deployed by the contractor.
56.4
The Contractor shall ensure regular and effective supervision of the personnel deployed by him.
57
COMPLIANCE OF LAWS
57.1
The contractor deploying contract labour shall obtain license from appropriate licensing authority as per
prevailing rules & regulation and as modified from time to time during contract period.
57.2
The contractor (which shall include the contracting firm / company) shall be solely liable to obtain and to
abide by all necessary licenses from the concerned authorities as provided under the various Labour Laws /
legislations including labour license from the competent authority under the Contract Labour (Regulation
& Abolition) Act 1970 and Acts made thereafter.
57.3
The Contractor shall also be bound to discharge obligations as provided under various statutory enactments
including the Employees Provident Fund and Miscellaneous Provisions Act 1952, ESI Act 1948, Contract
Labour (Regulation & Abolition) Act 1970, Minimum Wages Act 1948, payment of wages Act 1936,
Workmens Compensation Act 1923 and other relevant Acts, Rules & Regulations in force from time to
time.
The Contractor shall be responsible for necessary contributions towards PF, Family Pension, ESIC or any
other statutory payments to Government Agencies as applicable under the laws in respect of the contract
and of personnel deployed by the contractor for rendering services to Owner and shall deposit the required
amount with the concerned statutory authorities on or before due dates. The contractor shall obtain a
separate PF number from the concerned Regional Provident Fund Commissioner and submit necessary
proof of having deposited the employees as well as the Owners contribution to the Provident Fund. The
contractor shall also be responsible for payment of any administration / inspection charges thereof,
wherever applicable, in respect of personnel deployed by him relating to the work of Owner.
57.4
57.5
The Contractor shall not engage / deploy any person of less than 18 years under this contract, and the
person(s) to be deployed should be physically and mentally fit.
57.6
The installations where job is to be carried out are live and have hydrocarbon environment. Contractor shall
comply with all safety and security rules and regulations and other rules laid down by Owner for its
operation. Contractor shall follow best Engineering practice and relevant international safety standards. It
shall be duty / responsibility of the Contractor to ensure the compliance of fire safety, security and other
operational rules and regulations by his personnel. Disregard to these rules by the Contractors personnel
will lead to the termination of the Contract in all respects and shall face penal / legal consequences.
57.7
Personnel protective items like safety helmets, safety shoes, hand gloves, eye protection, cotton working
overalls / dresses (not synthetic materials) and other required materials for the safety of the contractors
personnel shall be arranged by the contractor himself. However fire fighting equipments shall be arranged
by Owner.
57.8
The Contractor shall arrange for life insurance for all his personnel deployed on the job as per the relevant
Acts, rules and regulations, etc. In case by virtue of provisions of Workers Compensation Act, 1923 or any
other law in force, Owner has to pay compensation for a workman employed by the Contractor due to any
cause whatsoever, the amount so paid shall be recovered from the dues payable to the Contractor and/or
security deposit with Owner. General third party insurance for CNG Station shall be arranged by Owner.
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58
THE ENGINEER-IN-CHARGE
58.1
Issue the contractor from time to time during the running of the Contract such further instructions as shall
be necessary for the purpose of proper and adequate execution of the Contract and the Contractor shall carry
out and bound by the same.
58.2
During the currency of this Contract, OWNER can increase and / or decrease the number of the services
required & quantity of work /services shown in from the Schedule of Rates.
58.3
Order the Contractor to remove or replace any workmen whom the Owner considers incompetent or
unsuitable and opinion of the Owner representative as to the competence of any workman engaged by the
contractor shall be final and binding on the Contractor. Key personnel can be deployed at site only after
getting approval from the OWNER.
59
59.1
OWNER shall reserve the right, at any time during the currency of the contract without assigning any
reason thereof to terminate it by giving 30 days notice to contractor, and upon expiry of such notice period
the contractor shall vacate the site / office provided to him by Owner immediately.
59.2
Goods procured by the Contractor, but not utilised till date of termination will be the responsibility of the
Contractor and no claim will be entertained by the Owner for the same.
59.3
Also Owner will not be responsible for any cost incurred by the Contractor including but not limited to
repatriation of the workers, lease amount deposit for accommodation provided to the workers, etc. In case
Owner has to incur expenses due to the same, the same shall be recovered from the dues payable to the
contractor and / or security deposit held with OWNER.
60
INDEMNITY
60.1
Contractor shall exclusively be liable for non-compliance of the provisions of any act, laws rules and
regulations having bearing over engagement of workers directly or indirectly for execution of Contract and
the Contractor hereby undertake to indemnify the Owner against all actions, suits, proceedings, claims,
damages demands, losses, etc. which may arise under Minimum Wages Act 1948, payment of wages Act
1936, Workmens Compensation Act 1923, Personnel Injury (Compensation Insurance) Act, ESI Act, Fatal
accident Act, Industrial Dispute Act, Shops and Establishment Act, Employees Provident Fund Act, Family
Pension and deposit Linked Insurance schemes or any other act or statutes not herein specifically
mentioned but having direct or indirect application for the persons engaged under this contract.
61
61.1
Contractor, on or after award of the Contract shall Name and Depute a qualified engineer having sufficient
experience in carrying out work of similar nature, to whom the equipments, materials, if any, shall be issued
and instructions for works given. The Contractor shall also provide to the satisfaction of the
Engineer-In-Charge. sufficient and qualified staff to superintend the execution of the Contract, foremen and
leading hands including those specially qualified by previous experience to supervise the types of works
comprised in the Contract in such manner as will ensure work of the best quality, expeditious working.
Whenever in the opinion of the Engineer-In-Charge additional properly qualified supervisory staff is
considered necessary, they shall be employed by the Contractor without additional charge on accounts
thereof.
61.2
If and whenever any of the Contractor's assistants, foremen, or other employees shall in the opinion of
Engineer -in- Charge be guilty of any misconduct or be incompetent or insufficiently qualified or negligent
in the performance of their duties of that in the opinion of the Owner or the Engineer-In-Charge, it is
undesirable for administrative or any other reason for such person or persons to be employed in the works,
the Contractor, is so directed by the Engineer-In-Charge, shall at once remove such person or persons from
employment thereon. Any person or persons so removed from the works shall not again be employed in
connection with the Contract without the written permission of the Engineer-In-Charge. Any person so
removed from the Contract shall be immediately re-placed at the expense of the Contractor by a qualified
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and competent substitute. Should the Contractor be requested to repatriate any person removed from the
works he shall do so and shall bear all costs in connection herewith.
61.3
The Contractor shall be responsible for the proper behaviour of all the staff, foremen, workmen, and others,
and shall exercise a proper degree of control over them and in particular and without prejudice to the said
generality, the Contractor shall be bound to prohibit and prevent any employees from trespassing or acting
in any way detrimental or prejudicial to the interest of the community or of the properties or occupiers of
land and properties in the neighbourhood and in the event of such employee so trespassing, the Contractor
shall be responsible therefore and relieve the Owner of all consequent claims or actions for damages or
injury or any other grounds whatsoever. The decision of the Engineer-In-Charge upon any matter arising
under this clause shall be final. The Contractor shall be liable for any liability to Owner on account of
deployment of Contractor's staff etc. or incidental or arising out of the execution of Contract.
61.4
The Contractor shall be liable for all acts or omissions on the part of his personnel, staff, foremen and
workmen / labour and others in his employment, including misfeasance or negligence of whatever kind in
the course of their work or during their employment, which are connected directly or indirectly with the
Contract.
62
JURISDICTION
62.1
The contract shall be governed by and constructed according to the laws in force in Delhi.
63
FORCE MAJEURE
63.1
In the event of either party being rendered unable by Force Majeure to perform any obligation required to
be performed by it under this agreement, the relative obligation of the party affected by such Force Majeure
shall, after notice under this article be suspended for the period during which such cause lasts.
63.2
The term Force Majeure as employed herein shall mean act of god, war/hostilities, riot/civil commotion,
earthquake, Tsunami, fire, flood, tempest, lightening or other natural disaster, restriction imposed by the
government or other statutory bodies, acts and regulations or any of its authorised agencies.
63.3
Upon such occurrence, contractor shall immediately inform the Owner and only in case Owner decides,
contractor shall interrupt the CNG re-fuelling. In case of any emergency, contractor shall activate
Emergency Response Plan (ERP) as per Owners approved procedures.
63.4
Upon the occurrence of such cause and upon its termination, the party alleging that it has been rendered
unable as aforesaid thereby, shall notify the other party in writing within forty eight (48) hours of the
alleged beginning and ending thereof giving full particulars and satisfactory evidence in support of its
claim.
63.5
Time for performance of the relative obligation suspended by the Force Majeure shall then stand extended
for the period for which such cause lasts.
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RATE CONTRACT
FOR
GI/COPPER INSTALLATIONS FOR PNG DOMESTIC
CONNECTIONS IN HIGH RISE BUILDINGS IN NCT OF
DELHI & NCR
SECTION IV
SPECIAL CONDITIONS OF CONTRACT (SCC)
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1.1
Definitions
Bid Documents
Shall mean documents issued to the bidder pursuant to IFB and listed in ITB Clause
7.
Effective Date
Shall mean the date on which Contractors obligations will commence and that will
be the date of Fax of Intent.
INTERPRETATIONS
2.1
Where any portion of the GCC is repugnant to or at variance with any provisions of the SCC then, unless a
different intention appears, the provisions of the SCC shall be deemed to govern the provisions of the GCC
and SCC provisions shall prevail to the extent of such repugnancy, or variations exist.
2.2
In Contract Documents unless otherwise stated specifically, the singular shall include the plural and vice
versa wherever the context so requires.
2.3
Notwithstanding the sub-division of the Contract Documents into separate sections and volumes every part
of each shall be deemed to be supplementary to and complementary of every other part and shall be read
with and into the Agreement so far as it may be practicable to do so.
2.4
All headings, subtitles and marginal notes to the clauses of the GCC, SCC or to the Specifications or to any
other part of Bid Document are solely for the purpose of giving a concise indication and not a summary of
the contents thereof, and they shall never be deemed to be part thereof or be used in the interpretation or
construction thereof.
2.5
The terms fully capitalized and/or initial capitalized shall be interchangeable and shall have the meaning as
assigned to fully capitalized term or initial capitalised term.
SCOPE OF WORK
3.1
The Scope of work includes installation of above ground pipes along with associated work from the outlet
of PE/GI transition fitting up to the domestic customers Appliance/stove/oven valve as defined in bid
document.
3.2
The scope also includes Supply & Installation of above ground GI / Cu pipes and associated fittings
required for Domestic Connections in High Rise Buildings.
3.3
Service Regulators, Domestic Meters, Meter Regulator, Isolation and Appliance valve shall be supplied by
IGL as FREE ISSUE MATERIALS from their stores & contractor will be responsible for safe custody of
these items and transportation from Owners store to work site. All other items i.e. GI fittings, Forged
fittings, GI pipes, Cu pipe, Cu/Brass fittings, Corrugated Flexible metal Hose (Anaconda), Re-enforced
rubber hoses etc. required for successful completion of work shall be procured by contractor from approved
vendor list provide in bid document.
3.4
Contractor shall be responsible for implementation of HSE activities & safety norms as defined in bid
document.
3.5
The contractor shall allow weekly rest and daily working hours to his personnel/ workmen as per the
relevant Act/ Law and Rules made there under. However, contractor shall ensure that no work shall be left
incomplete/ unattended on any holiday/ weekly rest.
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3.6
The contactor shall make own arrangements to provide all facilities like boarding and transport etc to his
employees/ workers engaged by the contractor.
3.7
Contractor shall maintain proper record of his working employees attendance and payment made to them
for inspection. The contractors representative/supervisor shall report daily to the Engineer-in-Charge for
day to day working.
3.8
All the jobs mentioned under Scope of Services and Schedule of rates shall be carried out as per the work
procedures, documentations, recommendations of the manufacturer and as per guidelines / directions given
by Engineer-in-Charge or his authorized representative to Contractors Supervisor from time to time. In
general, the work performed by the contractor shall conform to relevant standards and best engineering
practices.
3.9
4.1
During execution of work, the works shall be inspected by the Owner or its authorised representative for
acceptance of the same.
4.2
For contractors supplied items, Third Party Inspection report shall be submitted by the contractor.
4.3
The Owner/ Consultant or its representative shall have the right to inspect and/ or to test the material to
confirm their conformity to the specifications.
4.4
If any inspected or tested material fail to conform the specifications, the Owner/ Consultant may reject them
and the Contractor shall either replace the rejected materials or make all the alterations necessary to meet
the specifications, free of cost to the Owner/ Consultant.
5.1
The entire work covered under this contract shall be treated as works contract services. Bidder shall be
required to quote their unit rates for all the SOR items inclusive of all applicable taxes & duties
including freight, Insurance, Transit Insurance excluding VAT & Service tax on completed works as
defined in the tender document. Any statutory variation in the VAT & Service tax on completed works
during the scheduled completion period only shall be considered by the owner against documentary
evidence.
6.1
Advance
6.1.1
6.2
6.2.1
80% after installation of GI / Copper pipes including all fittings, regulators, valves, clamping and
testing of installation.
ii) 10% after cementing of holes, painting and commissioning of GI, copper installation & submission of
RFC and JMR documents.
iii) Balance on contract closure and submission of all documents as per contract and reconciliation of IGL
issued material.
6.2.2
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90% progressively on completion of individual item work as certified in monthly progress bill.
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SPECIAL CONDITIONS OF
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ii) Balance on completion of all works in all respects and acceptance thereof by Engineer-in-Charge and
closure of contract.
PAYMENT METHODOLOGY
7.1
The contractor shall raise invoices on monthly basis for works carried out duly certified by Engineer-inCharge in triplicate. The contractor to ensure that the invoices of completed work should be raised & duly
certified by Engineer-in-charge within one month to avoid any statutory penalties on delay in paying taxes.
7.2
The contractor shall indicate cost of free issue material consumed in their invoice & charge Service tax on
value of work executed plus cost of free issue materials.
7.3
The payment shall be released within 10 days from the date of receipt of invoice, if found to be in order and
duly certified by PMC / EIC.
7.4
7.5
8.1
The Owner shall make every reasonable effort to have free issue materials available so as not to delay any
activities. No Idle time claim shall be entertained under any circumstances.
9.1
In case contractor fails to complete the work/ services within stipulated period then unless such failure is
due to force majeure as defined in Bid document, there will be reduction in contract price @ 1% for each
week of delay or part thereof subject to maximum of 10% of contract price.
9.2
Owner may without prejudice to any methods of recovery, deduct the amount of such PRS from any money
due or which may at any time become due to contractor from its obligations or liabilities under the contract
or by recovery against the performance bank guarantee. Both Owner and contractor agree that the above
percentage of price reduction are genuine pre-estimates of the loss/ damage which Owner would have
suffered on account of delay/ breach on the part of contractor and the said amount will be payable on
demand without there being any proof of the actual loss/ damage caused by such delay/ breach. Owner
decision in the matter of applicability of price reduction shall be final and binding.
9.3
PRS will apply on individual order against letter of allotment(s) issued during the contract period.
10
10.1
The ENGINEER-IN-CHARGE shall have to make any alterations in, omission from, additions to or
substitutions for, the Schedule of Rates, the original specifications, drawings, designs and instructions that
may appear to him to be necessary or advisable during the progress of the WORK and the CONTRACTOR
shall be bound to carry out the such altered/ extra/ new items of WORK in accordance with any instructions
which may be given to him in writing signed by the ENGINEER-IN- CHARGE, and such alterations,
omissions, additions or substitutions shall not invalidate the CONTRACT and any altered, additional or
substituted work which the CONTRACTOR may be directed to do in the manner above specified as part of
the WORK shall be carried out by the CONTRACTOR on the same conditions in all respects on which he
agreed to do the main WORK. The time of completion of WORK may be extended for the part of the
particular job at the discretion of the ENGINEER-IN- CHARGE, for only such alterations, additions or
substitutions of the WORK, as he may consider as just and reasonable. The rates for such additional, altered
or substituted WORK under this clause shall be worked out in accordance with the following provisions:I. For Item Rate Contract
a)
Rev.0 26.05.14
If the rates for the additional, altered or substituted WORK are specified in the CONTRACT for the
WORK, the CONTRACTOR is bound to carry on the additional, altered or substituted WORK at the
same rates as are specified in the CONTRACT.
CGD Expansion Project In NCT of Delhi And NCR
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SPECIAL CONDITIONS OF
CONTRACT
b)
IGL/ND/C&P/P13028
If the rates for the additional, altered or substituted WORK are not specifically provided in the
CONTRACT for the WORK, the rates will be derived from the rates for similar class of WORK as are
specified in the CONTRACT for the WORK. The opinion of the ENGINEER-IN- CHARGE, as to
whether or not the rates can be reasonably so derived from the items in this CONTRACT will be final
and binding on the CONTRACTOR.
c)
If the rates for the altered, additional or substituted WORK cannot be determined in the manner
specified in sub-clause (a) and (b) above, then the CONTRACTOR shall, within 7 days of the date of
receipt of order to carry out the WORK, inform the ENGINEER-IN-CHARGE of the rates which it is
his intention to charge for such class of WORK, supported by analysis of the rate or rates claimed, and
the ENGINEER-IN-CHARGE shall determine the rate or rates on the basis of the prevailing market
rates, labour cost at schedule of labour rates plus 10% to cover contractor's supervision, overheads and
profit and pay the CONTRACTOR accordingly. The opinion of the ENGINEER- IN-CHARGE as to
current market rates of materials and the quantum of labour involved per unit of measurement will be
final and binding on the CONTRACTOR.
d)
Where the item of work will be executed through nominated specialist agency as approved by the
ENGINEER-IN-CHARGE, then the actual amount paid to such nominated agency supported by
documentary evidence and as certified by ENGINEER-IN-CHARGE shall be considered plus 10% (ten
percent) to cover all contingencies, overhead, profits to arrive at the rates.
11
11.1
The Contractor will strictly adhere to Health Safety and Environment policy as stated in Technical
Specifications Vol. II of II of this Bid document and/ or the policies followed by the Owner.
11.2
All the safety rules and regulations prevailing and applicable from time to time at the installations as
directed by OWNER will be strictly adhered to by the Contractor.
11.3
Contractor has to ensure the safety of man and machine all the times. Damages due to bad
workmanship/negligence will be recovered as per the decision of Engineer-in-Charge, which will be final
and binding upon the contractor.
11.4
The contractor shall supply all the protective safety equipments like helmets / hard head hats, gumboots /
safety shoes, hand gloves, safety belts, eye protection, ear protection etc. to his workmen at his own cost as
required by operations. Bidders to note that without Safety Kits as specified in bid document, the contractor
shall not be allowed to work at site.
11.5
Carrying / striking of matches, open flames, lighters or smoking or other such acts, which may cause fire
hazards at the work site / in the terminals / installations, is strictly prohibited.
11.6
Tobacco/ Ghutka chewing or other such acts, are strictly prohibited at the site.
11.7
In addition to the PRS clause, penalties for violation of HSE shall be imposed as per clause 25 of SCC.
12
PROVIDENT FUND
12.1
The Contractor shall strictly comply with the provisions of Employees Provident Fund Act applicable in
India and register themselves with Regional Provident Fund Commission (RPFC) before commencing the
work. The Contractor shall deposit employees and Owners contributions to the RPFC every month. The
Contractor shall furnish along with each running bill, the challan/ receipt for payment made to the RPFC for
the preceding months.
12.2
In case the RPFCs challan/ receipt, as above, is not furnished, Owner shall deduct 5% (Five percent) of the
payable amount from Contractors running bill and retain the same as a deposit such retained amount shall
be refunded to Contractor on production of RPFC Challan/receipt for the period covered by the related
running bill.
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12.3
In case it is observed that contractor fails to submit requisite RPFC Challans along with bills more than
once during the tenancy of the contract and submits, subsequently, a token penalty per instance may be
imposed by owner as per clause 25 of SCC.
13
13.1
The Owner/ Consultant will not provide any power and water during construction period. Contractor shall
apply and obtain necessary power and water connection from relevant authority and will pay its uses
charges or arrange the same from the other sources.
14
14.1
CONTRACTOR shall be solely responsible for making available for executing the WORK, all requisite
CONSTRUCTION EQUIPMENTS, Special Aids, Barges, Cranes and the like, all Tools, Tackles and Testing
Equipment and Appliances, including Customs of such equipment etc. as required. In case of Customs of the
same the rates applicable for levying of Custom Duty on such Equipment, Tools, & Tackles and the duty
drawback applicable thereon shall be ascertained by the CONTRACTOR from the concerned authorities of
Government of India. It shall be clearly understood that OWNER shall not in any way be responsible for
arranging to obtain Custom Clearance and/or payment of any duties and/or duty draw backs etc. for such
equipments so imported by the CONTRACTOR and the CONTRACTOR shall be fully responsible for all
taxes, duties and documentation with regard to the same.
15
15.1
Whenever any material is issued by Owner, following conditions in addition to other conditions as specified
in the contract shall be applicable.
15.2
Necessary indents will have to be raised by the Contractor as per procedure laid down by the Engineer-in-charge
from time to time, when he requires the above material for incorporation in permanent works.
15.3
Materials will be issued only for permanent works and not for temporary works, enabling works etc. unless
specifically approved by the Engineer-in-charge and the same shall not be taken into account for the purpose of
materials reconciliation.
15.4
The contractor shall beer all other cost including lifting, carting from issue points to work. Site/ contractor's
store, custody and handling etc. and return of surplus/ serviceable materials to Owner's storage points to be
designated by the Engineer-in-charge etc. No separate payment for such expenditure will be made.
15.5
No material shall be allowed to be taken outside the store without a gate pass. Contractor to ensure that the
correct description is given in the request for issuance of material.
15.6
The contractor shall be responsible for proper storage, preservation and watch & ward of the materials.
15.7
All free issue materials shall be issued to contractor against submission of Indemnity Bond (as per Form-14
attached in bid document) for 150% value of free issue materials.
15.8
In case of any manufacturing defect found in free issue material, same shall be communicated to Engineer-InCharge in writing within 15 days from the date of issue of such material and return the same at IGL store within
30 days from the date of issuance.
15.9
Contractor to ensure that all free issue material shall be installed within a maximum period of 30 days from the
date of issue.
15.10
Contractor to ensure that at no point, cost of free issue materials taken from IGL store shall not exceed 20%
value of Work Order awarded to him.
16
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16.1
Applicability the said act is applicable to every establishment which employs or had employed on any day
often preceding twelve months, 10 or more building workers in any Building or other construction work
(Building or other construction work means the construction ,, repairs, maintenance or demolition of or in
relation to building , streets, roads, railways, tramways, airfields, drainages, embankment, transmission and
distribution of power, water works, oil and gas installations, pipeline etc.( refer section 2(d) of the act). It does
not include any building and other construction work to which the factory act 1948 and the mines act 1952 is
applicable).
16.2
17
17.1
In case of non availability of required material to be provided by the contractor and the material being available
with IGL, it can be issued to the contractor on chargeable basis. The charges payable by the contractor shall be
in advance and at the last PO rate plus 15% overhead charges. However, any delay on account of nonavailability of material shall be to contractors account for applicability of PRS clause.
18
18.1
Contractor shall establish site office near work place with adequate facilities like three tables, six chairs,
telephone, computer with mailing (internet), printer (including consumables), file rack, AC etc. for effective
communication and documentation.
18.2
Contractor shall provide transport for their technical staff and operatives to move from site to site, and to
move tools and equipment from site to site, this vehicle will also be fitted with a tow bar suitable for the
towing of a mobile air compressor or pipe trailer.
18.3
Contractors shall make appropriate arrangements to ensure that their supervisor(s) are adequately mobile
and can attend sites or meetings with IGL, other authorities or customers as required, without any undue
delay.
18.4
Contractors shall provide cell phones to their supervisors for day-to-day communication with IGL and site
representatives of IGL.
18.5
Contractor shall employ a Project Coordinator on company roll. The Project Manager / Coordinator must
have qualification of Diploma in Mech. Engg with min. 5-8 years of work experience in gas pipeline job.
He shall be single point of contact for all the works and must represent company in the review meetings.
18.6
Owner will not allow switching/swapping of key personnel of any contractor working at site from one
contractor to another during the continuity of the contract.
18.7
Any change in key persons working at site shall be informed to the Owner promptly.
18.8
Contractor shall deploy Equipments, Tools & tackles etc., at site as defined in tender document.
18.9
1 No.Four wheeler with driver. It shall be well equipped with tools and tackles for attending any
emergency complaints and ongoing execution work.
18.10
Contractor shall complete all the above activities within 30 days from the date of FOI. On failure to fulfil
the above requirement, contractor shall be liable for a penalty of Rs. 2000/- per day.
19
19.1
The Contractor is responsible for completing the Material Used section of the worksheet for each job
completed. This record will be used for the reconciliation of material at the end of the job or contract.
19.2
The full replacement or repair costs of all damages items will be recharged to the contractor.
19.3
It is mandatory that the contractor is required to undertake and submit inventory details of free issue and
purchased materials on monthly basis to Owner/ Owners representative as per the approved format of the
owner. The inventory details shall be in correlation with the Daily progress chart and material reconciliation
sheet. Material reconciliation statement of all free issue materials shall be carried out on every three months
& reconciliation statement shall be submitted to IGL.
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19.4
After the final reconciliation is carried out, the variances in materials issued against materials used and
returned, will be assessed. All unused materials shall be the property of the Owner and shall be returned by
the Contractor category-wise at his cost to the Owners designated store yard (s). In case the Contractor fails
to do so , then recovery for such quantities not returned, will be done at the penal rate i.e. 200% of landed
cost at the time of final bill/ closing of contract by Engineer-in-charge shall be effected from the
Contractor's bill (s) or from any other dues of the Contractor to the Purchaser. Contractor shall be
responsible for the adjustment and measurement of the surplus materials to be returned to the store.
Contractor shall also be responsible for suitable segregation of returned materials into separate stacks of
serviceable materials.
19.5
Material consumption will be recorded on area wise basis. Material issued from the IGL stores shall be
consumed, recorded and returned using the same IGL item code.
19.6
Any payments due to the Contractor may be withheld to cover these charges.
20
20.1
Contractor shall abide by all prevailing Laws of India including but not limited to:
20.1.1
Apprentices Act.
20.1.2
20.1.3
20.1.4
20.1.5
Factory Act.
20.1.6
20.1.7
20.1.8
20.1.9
20.1.10
Building and Other Construction Workers (Regulation of Employment and Condition of service) Act, 1996
20.1.11
21
INSURANCE
21.1
Contractor shall at his own expense arrange, secure and maintain insurance with reputed insurance
companies to the satisfaction of the Owner as may be necessary and to its full value for all such amounts to
protect the works in progress and his personnel from time to time and the interest of Owner against all risks
as detailed herein. The form and the limit of such insurance as defined herein together with the under writer
works thereof in each case should be as acceptable to the Owner. However, irrespective of work acceptance,
the responsibility to maintain adequate insurance coverage at all times during the period of Contract shall be
that of Contractor alone. Contractors failure in this regard shall not relieve him of any of his
responsibilities and obligation under the Contract.
21.2
All costs on account of insurance liabilities covered under this Contract will be to Contractors account and
will be included in Contract Price.
21.3
Contractor as far as possible shall cover insurance with Indian Insurance Companies.
22
STATUTORY APPROVALS
22.1
Deleted
23
SITE CLEANING
23.1
Contractor shall clean and keep clean (Housekeeping and cleanliness) the work site always to the
satisfaction of the Engineerin-charge / house owner for easy access to work site and to ensure safe passage,
movement and working.
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SPECIAL CONDITIONS OF
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23.2
The Contractor shall dispose of the unserviceable materials, debris etc. to any area, as decided by the
EngineerInCharge.
23.3
24
WORKMANSHIP
24.1
Regarding work completion, the decision of the Engineer-in-Charge will be final and binding.
24.2
The work executed and material supplied shall be to the satisfaction of Engineer-in-Charge and contract
price shall include for any incidental and contingent work although not specifically mentioned in the
contract but is necessary for its completion in an efficient and workman like manner.
24.3
The Engineer-in-Charge or his authorized representative shall approve the quality of all the materials used
by contractor from time to time.
25
PENALTIES
IGL shall have right to levy following penalties on the Contractor and deduct applicable amount from the
Contractors Running Bills:
25.1
In case required numbers of safety equipments like Safety Harness belts, helmets, fluorescent jackets etc as
per the Technical Specifications and Special conditions of the contract of the tender, could not be provided
by the contractor during execution, work shall be suspended and penalty will be levied as per SCC clause
25.2.
25.2
Non fulfilment of above shall attract penalty of Rs. 1000.00 per instance. Any subsequent instance shall
attract penalty of Rs. 5000.00 per instance with a notice to contractor. Subsequent non-compliance within 5
days shall lead to a deduction of upto 5% from RA bill at the discretion of the EIC and may also lead to
black listing of the contractor for future jobs.
25.3
In case of complete compliance of HSE norms throughout the contract period the contractor shall be issued
a letter of appreciation by the Owner on recommendation by the consultant.
25.4
In case any welding joints is being carried out by personnel other than approved/qualified welder as per the
Technical Specifications for installation of GI riser, Rs 1000.00 per joint shall be levied and the person
supervising the work shall be suspended from IGL sites.
25.5
In case of nonsubmission of material reconciliation statement on first week of every month, Rs. 5000/- per
instance shall be levied from the running bills.
25.6
In case of installation of contractors supplied material without inspection and prior approval EIC/sited in
charge, Rs. 5000/- per instance shall be levied from the running bills.
25.7
In case of non compliance of statutory provisions penalty will be imposed by the owner as detailed below:
a.
Contractors failure to submit RPFC/ ESI challans of previous month along with the bills during the
validity of the contract, Owner shall deduct 5% (Five percent) of payable amount from the
contractors running bill and retain the same as a deposit. Such retained amount shall be refunded to
contractor on production of RPFC challan/ receipt. In case of non-submission of challans for a
particular month, a penalty of Rs. 5000 /- shall be imposed for that particular month.
b.
Delay of more than 21 days from the date of work order in obtaining / submitting WC cover or taken
for shorter duration will result into penalty of Rs. 5000/- per week or part thereof.
c. Delay of more than 21 days from the date of work order in obtaining / submitting the required
insurance policies as specified in the tender document will result into a penalty of Rs. 5000/- per week
or part thereof.
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SPECIAL CONDITIONS OF
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d.
The contractor must obtain labour licence at the start of work at allotted site. Delay of more than 30
days from the date of work order in submitting the labour licence shall attract a penalty of Rs. 5000/per week or part thereof
e.
Delay of more than 21 days from the date of work order in obtaining / submitting CPBG of requisite
amount as well as timely extension of value and / or time period shall attract a penalty of Rs.
5000/- per week.
25.8
In case required numbers of equipment, Tools & Tackles as per the lists enclosed with the Technical
Specifications for installation of GI/Copper pipes, could not be provided by the contractor at the time of
need, a notice shall be issued to the contractor by IGL Site- In-charge and Rs 1000.00 per day shall be
levied as penalty till such time the equipment, Tools & Tackles are available for completion of the work.
25.9
25.9.1
Penalty will be applicable on shortfall in achieving monthly targets. The monthly targets will be minimum of
85% of available registration with contractor or 85% of fixed RFC targets given on monthly basis i.e. 150 to
400 RFCs per month (as per the rank of bidder) whichever is less. The penalty will be applicable on total no.
of shortfall of RFCs from the targets.
25.9.2
The incentives will be applicable on total no. of excess RFCs from the targets. The rate of penalty / incentive
will be same in NCT of Delhi & NCR. Penalty / incentive will be calculated on closure of PO.
25.9.3
The performance review will be done on closure of individual PO for incentives / penalties and will be
applicable to the quantities achieved as per the targets.
25.9.4
For total shortfall / excess of RFC nos. from the targets as defined above penalty and incentive shall be
Rs.350 per RFC.
26
COMPLETION DOCUMENT
26.1
Contractor in three sets shall submit the following documents in hard binder, as a part of completion
documents:
26.1.1
Copies of the Inspection reports, welding, Pre-testing, final Hydro-testing/ Pneumatic testing reports and
other Test reports etc.
26.1.2
Material Reconciliation.
26.1.3
26.1.4
26.1.5
26.1.6
26.1.7
Statement for reconciliation of all the payments and recoveries made in the progress bills.
26.1.8
26.1.9
Copies of all documents related to statutory requirements like Labour License, CAR Policy, WCP, EPF, ESI
challans etc.
26.1.10
27
27.1
Under no circumstances whatsoever, shall the contractor be entitled to any compensation from Owner on
any account unless the contractor shall have submitted claim pertaining to the contract in writing to the
Engineer-in-Charge within 30 days of cause of such a claim occurring. Contractor shall be deemed to have
waived off is writes to claim the same, if the claim is not raised within this period.
28
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Bidder is expected to quote rate for each SOR item after careful analysis of cost involved for performance
of the complete item considering all specifications & conditions of contract. In case it is noticed that the rate
quoted by the bidder of individual items rates are higher or lower by more than 50% of the estimated rates
then such items shall be considered abnormally high or low rated items i.e. AHR / ALR items.
28.1
28.2
a)
b)
c)
In case the overall quote of the qualified L-1 bidder is less than the overall estimate, then the rate
of contractor arrived after applying the same percentage of difference by which his overall quote was
lower than the overall estimate.
The bidders who will be offered L-1 bidders rate, the order after matching the L-1 price shall be paid as per
following for the execution of quantity of ALR item beyond the tender quantity.
The quantity of abnormally low rate items shall be restricted to the SOR quantities. Execution of ALR items
beyond the SOR quantities shall be made at the least of the following rates:
a)
b)
c)
In case the overall quote of the qualified L-1 bidder is less than the overall estimate, then the estimated
rate arrived after applying the same percentage of difference by which his overall quote was lower than
the overall estimate.
However, in order to establish that the bidder has quoted a balanced price for all items vis--vis the internal
estimated rates shall be compared. In case the total estimated price of ALR items are more than 50% of the
total estimated price of the complete job such bid shall be considered as having imbalance pricing as such bid
will be rejected.
29
29.1
Contractor will place timely orders on Owners specified manufacturers/agencies so as to receive the
material in accordance with the execution of project activities. The orders to be placed by the contractor
shall incorporate certain clauses with respect to delivery schedule, guarantee/warranty, inspection and
despatch clearance by Owner. The items and quantities shall be in accordance with the work to be executed
and shall be verified by Owner for its appropriations.
29.2
All material will be manufactured as per approved Inspection Test Procedure (ITP) only to be specified by
Owner. Material will be inspected by owners appointed third party inspection (TPIA), the charges of which
shall be in owner scope.
29.3
After approval of ITP, Contractor will submit a schedule production plan mentioning qtys of production
along with inspection call at-least one week in advance from the date of commencement of production.
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29.4
Contractor will submit a written request to Owner for dispatch clearance of material. For this purpose, he
will be required to submit detailed material test inspection report and release note issued by the TPIA. On
getting the dispatch clearance, the contractor will arrange material dispatch to the designated project site(s).
29.5
Contractor shall arrange for proper storage of his material distinctly separate from free-issued material.
Contractor shall required to appraise Owner regarding cover area, lock & key arrangement of its safe
custody, resources marked safe and proper receiving, stocking, issuing, maintaining all verifying records on
regular basis.
29.6
Contract shall invariably submit copies of order placed by them on various agencies for sourcing material
and shall ensure submission of invoices, challans/packing lists, LR Copy, material inspection report and
guarantee/warranty certificate for each lot of material received at Owners site.
29.7
All material should be covered under warranty for satisfactory performance for maximum period of defect
liability of executed work. Any defect noticed during defect liability period shall be promptly attended as
faulty material must be contractors responsibility to take-up the matter with material supplier. Any delay
on account of non-availability of ordered material or replacement of faulty material shall not be waived by
the reason of material having ordered to and inspected by Owners recommended agencies. Faulty material
must be contractors responsibility to take-up the matter with material supplier. Any delay on account of
non-availability of ordered material or replacement of faulty material shall not be waived by the reason of
material having ordered to and inspected by Owners recommended agencies.
29.8
Before award of works order/ starting of work at allotted site, contractor shall provide details of stores and
site office established by him for the intended work. Failing which the allocation of work may be deferred
by Owner. Also, the contractors shall submit details of tools& tackles under his procession required for
execution of the work. Owner shall verify all these aspects before allocating work to the contractor.
29.9
Contractor will not transfer any free issue as well as his supplied material to any other site/ any other
contractor without prior written approval of the Engineer- In-charge
30
PRICE VARIATION
Unit price of GI Pipes & Copper Pipes shall be reviewed after one year period (if contract period is
extended) from date of award of contract for change in unit price of respective items to be supplied by the
contractor. Following methodology shall be adopted:
30.1
For GI Pipes
The price variation clause will be applicable in this contract subject to following conditions:
a.
Revised prices will be applicable only if variation in reference index i.e. CFI/CF0 is more than (+ / -)
10 %.
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SPECIAL CONDITIONS OF
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30.2
IGL/ND/C&P/P13028
The variation in the prices of Copper Pipes shall be based on the per kg. rate of the Copper Wire Bar
b.
Revised prices will be applicable only if variation in reference index i.e. SF1/SF0 is more than (+ / -)
10 % .
GENERAL
31.1
All personnel of the contractor entering on work premises shall be properly and neatly dressed and shall
wear uniform badges while working on premises of the Purchaser including work sites.
31.2
The rates quoted by the bidder must be inclusive of all the taxes, duties & levies including Service Tax. All
taxes, duties, other statutory levies and rates thereof applicable as of 10 days prior to due date of submission
of bid shall be included in the quoted rates..
31.3
Contractor shall provide all labour and necessary supervision to carry out the work as per the scope of work
as defined in tender document, which forms part of this contract in accordance with the conditions of the
contract laid down in this part of contract read in conjunction with General Conditions of Contract.
32
B. VP (F&A)
Indraprastha Gas Limited,
IGL Bhawan, 4, Community Centre,
Sector IX, R. K. Puram,
New Delhi 110 022
Telephone
:
+91 (011) 26171674
Rev.0 26.05.14
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SPECIAL CONDITIONS OF
CONTRACT
Fax no.
IGL/ND/C&P/P13028
CONSULTANT:
THE PROJECT MANAGER,
WOOD GROUP KENNY INDIA PVT. LTD.,
15th Floor, Tower B, Building No. 5,
DLF Cyber Terraces, DLF Cyber City,
Phase III, Gurgaon-122002, Haryana
(Phone: 00- 91-0124- 4514759)
Email
:
[email protected]
Rev.0 26.05.14
Page 59 of 79
IGL/ND/C&P/P13028
RATE CONTRACT
FOR
GI/COPPER INSTALLATIONS FOR PNG DOMESTIC
CONNECTIONS IN HIGH RISE BUILDINGS IN NCT OF
DELHI & NCR
SECTION V
FORMS AND FORMATS
Rev.0 26.05.14
Page 60 of 79
IGL/ND/C&P/P13028
Form F-1
BIDDERS GENERAL INFORMATION
To,
M/S INDRAPRASTHA GAS LIMITED,
NEW DELHI.
1-1
Bidder Name:
________________________________________
1-2
1-3
________________________________________
1-4
________________________________________
_______________________________________
Operation Address
if different from above:
________________________________________
________________________________________
City________________ District _________
State _______________ PIN/ZIP__________
1-6
Telephone Number:
_______________________________________
(Country Code)
(Area Code)
(Telephone Number)
1-7
________________________________________
1-8
E-mail address:
________________________________________
1-9
Website:
________________________________________
1-10
Fax Number:
________________________________________
(Country Code)
(Area Code)
(Telephone Number)
1-11
Bankers Name :
_____________________________________
1-12
Branch :
_____________________________________
1-13
Branch Code :
_____________________________________
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IGL/ND/C&P/P13028
_____________________________________
1-15
_____________________________________
1-16
Excise Range :
_____________________________________
1-17
Excise Division :
_____________________________________
1-18
Excise Collectorate :
_____________________________________
1-19
Local ST No. :
_____________________________________
1-20
CST No. :
_____________________________________
1-21
PAN No. :
_____________________________________
1-22
_____________________________________
1-23
_____________________________________
1-24
TIN No.:
_____________________________________
1-25
______________________________________
1-26
_____________________________________
Rev.0 26.05.14
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IGL/ND/C&P/P13028
Form F-2
BID BOND PROFORMA / PROFORMA FOR EMD
To
M/S INDRAPRASTHA GAS LIMITED,
NEW DELHI.
TENDER NO. _____________________________________ FOR CARRYING OUT ______________________
WHEREAS... (HEREINAFTER CALLED THE Bidder has submitted his Bid
dated.. for carrying out of (Herein after called The Bid) KNOW ALL
MEN by these presents that WE . (hereinafter called The Bank) are bound unto
INDRAPRASTHA GAS LIMITED, IGL Bhawan, 4, Community Centre, Sector IX, R. K. Puram, New Delhi 110 022
(herein after called IGL) in the sum of .. for which payment well and truly made to IGL, the
BANK binds itself its successor and assigns by these presents. Sealed with the Common Seal of the said BANK this
.. day of 2013
THE CONDITIONS of this obligation are:
1.
If the Bidder withdraws his Bid during the period of Bid validity specified by the Bidder on the Bid Form; or
2.
If the Bidder, having been notified of the acceptance of his bid by IGL during the period of bid validity
a)
b)
We undertake to pay IGL upto the above amount upon receipt of its first written demand, without IGL having to
substantiate its demand, provided that in its demand IGL will note the amount claimed by it is due to it owing to the
occurrence of one or both of the two conditions specifying the occurred condition or conditions.
The Guarantee will remain in force upto and including 60 days after the period of bid validity and any demand in respect
thereof should reach the BANK not later than the above date.
(Signature of the BANK)
(Signature of the Witness)
Name & address of Witness:
Date:
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IGL/ND/C&P/P13028
Form F 3 A
ANNUAL TURNOVER
Bidder must fill in this form
Annual Turnover data for the last 5 years:
Year
Amount
(in INR)
1.
2.
Year 1:
2012-13
Year 1:
2011-12
Year 2:
2010-11
Year 3:
2009-10
Year 3:
2008-09
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IGL/ND/C&P/P13028
Form F 3 B
FINANCIAL STATUS
Amount
(in INR)
1. Current Assets
2. Current Liabilities
1.
Attached are copies of the audited balance sheets, including all related notes and income statement for the last
Audited Financial year, as indicated above, complying with the following conditions;
Historic financial statements must be complete, including all notes to the financial statements.
Historic financial statements must correspond to accounting periods already completed and audited (no
statement for partial periods shall be requested or accepted)
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IGL/ND/C&P/P13028
Form F-4
DEVIATION FORM
Name of Bidder:
Notes
1)
BIDDER may give here a consolidated list of deviations/ clarifications/ comments for all sections of the bid
documents which for an appropriate offer are considered unavoidable by him.
2)
Deviations/ clarifications mentioned elsewhere in the offer shall not be hiding on the IGL and any such
deviations if indicated elsewhere other than this form will render the offer non-responsive and shall liable to be
rejected.
3)
BIDDER shall state the reason for the deviations in the remark column.
4)
Only the deviations listed herein, in conjunction with the original Bid document, shall constitute
Sec No./
Cls. No.
1)
Page
No.
Requirements as
per tender
Deviation by
Bidder
Clarification/
Comments by Bidder
Remarks
2)
3)
4)
5)
6)
The bidder confirms that all clauses of the tender document as are not listed above are fully complied by the bidder.
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IGL/ND/C&P/P13028
Form F-5
CHECK LIST FOR AGREED TERMS AND CONDITIONS
S.No.
DESCRIPTION
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Price Basis
Complete Scope of work as defined in the Bid documents
Confirmation of acceptance of bid document in Toto
Prices include all Taxes, duties, levies, fees, insurance, etc.
Contract Validity (As per Bid document)
Price Reduction Schedule as per Bid document
Terms of Payments (As per Bid document)
Performance Bank Guarantee to be submitted in twenty one (21) days
General /Special/ Technical terms & Conditions of Bid
Validity of bid
Bid Document fee (If not submitted earlier)
DD No. & date: ________________
Bank Name :
___________
Amount Rs. ____________
12.
Submitted
13.
14.
Signature
Name
Designation
Date
Seal
Rev.0 26.05.14
BIDDERS
CONFIRMATION
Yes
Yes
M/s
Page 67 of 79
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IGL/ND/C&P/P13028
Page 68 of 79
IGL/ND/C&P/P13028
Form F 6
DECLARATION (on Bidders letter head)
We confirm that we are not under any liquidation, court receivership or similar proceedings.
We also confirm that we have not been banned or delisted by any Indian Government organisation or its undertaking from
quoting.
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IGL/ND/C&P/P13028
Form F-7
PROFORMA FOR LETTER OF AUTHORITY
No.
Date:
Sub:
Sir,
1.
Signature _____________
2.
Signature _____________
We confirm that we shall be bound by all and whatsoever our representative(s) shall commit.
Yours faithfully,
Signature
Name & Designation
For and on behalf of
Note: This letter of authority should be on the letterhead of the bidder and should be signed by a person competent and
having the power of attorney to bind the bidder.
Rev.0 26.05.14
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Bidder shall furnish details of litigation cases of the bidder during the last 5 years if any, in this Form.
Rev.0 26.05.14
Page 71 of 79
To,
Date:
Place:
Date:
(Signature)
Name of Authorised Signatory
Membership No.
Encl.: As above
Note:
Bidder whose accounts are not audited by the auditors as per law/jurisdiction, certification from Chartered Accountant to
be submitted.
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Form F- 10
FORMAT FOR STATUTORY AUDITORS/ CHARTERED ACCOUNTANT *
Year
Year 1:
Year 2:
Year 3:
Amount (Currency)
C.
Year_________
Amount (Currency)
1. Currency Assets
2. Current liabilities
3. Working capital (Current assets-current liabilities)
4. Net worth (Paid up share capital and free reserves &
surplus)
Name of Audit Firm:
Chartered Accountant
Date:
Instructions:
1.
2.
3.
4.
The financial year would be the same as one normally followed by the bidder for its Annual Report.
The bidder shall provide the audited annual financial statements as required for this Tender Document. Failure to
do so would result in the personnel being considered as non-responsive.
For the purpose of this Tender document (i) Annual Turnover shall be Sale value/Operating Income (ii)
Working capital shall be Current Assets less Current Liabilities and (iii) Net Worth shall be Paid up share
capital and Free reserves & Surplus
* Bidders whose accounts are not audited by auditors as per Law/jurisdiction, certification from a Chartered
Accountant to be submitted.
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IGL/ND/C&P/P13028
Form F-11
FORMAT FOR CERTIFICATE FROM STATUTORY AUDITOR FOR DETAILS OF SIMILAR GOODS/ WORK/ SERVICES SUPPLIED/ DONE DURING
PAST 5 YEARS
(Applicable in all cases where bidders accounts are audited by Statutory Auditor)
Sr.
no.
Description of the
goods/works/services
LOA/PO
/WO no.
& date
(1)
(2)
(3)
Value of
Contract/O
rder
(Specify
Currency
amount)
Date of
Commencem
ent of
work/service
s or supply
of goods
Scheduled
completion
time(months)
delivery
schedule
Date of
actual
completion/s
upply
Reasons for
delay in
execution, if
any
Project cost
(5)
(6)
(7)
(8)
(9)
(10)
Place:
Date:
Instructions:
Rev.0 26.05.14
Page 74 of 79
1.
2.
3.
4.
5.
6.
7.
IGL/ND/C&P/P13028
Copies of letter of awards/order/work orders and completion certificate (in case of works/services) or IRN/Proof of delivery (in case of supplies, if applicable) to be
enclosed.
The supply/work/services completed earlier than 5 years need not be indicated here.
The list of supply/ work/ services not of similar nature need not be indicated here. Failing to comply aforementioned instructions may lead to rejection of bid.
Bidders are expected to provide details in respect of each order in this Annex. The orders cited must comply with the bid evaluation criteria specified in Tender
Document Details provided in this section is intended to serve as a backup for information provided in Offer/Quotation. Bidder should also refer to the instructions
below.
A separate sheet should be filled for each LOA/work order/ purchase order.
Certificate from the bidders statutory auditors must be furnished in the format below for LOA/Work Order/Purchase Order mentioned above (separately for each
orders)
It may be noted that in the absence above certificates, the details would be considered inadequate and could lead to the bid being considered ineligible for further
evaluation.
Rev.0 26.05.14
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IGL/ND/C&P/P13028
Rev.0 26.05.14
Name:
Designation:
Seal:
Membership no.:
Page 76 of 79
IGL/ND/C&P/P13028
Form F-12
DECLARATION ON TENDER DOCUMENT PURCHASED / DOWNLOADED (on Bidders letter head)
No.
Date:
Bid Document no. IGL/ND/C&P/P12559 for GI/Copper Installations For PNG Connections in High Rise
Buidings in NCR (Volume I A, IB & II ), Corrigendum & Reply to bidders queries etc.
Sir,
We hereby confirm that we have read the subject tender document along with Corrigendum & Reply to bidders queries
thoroughly and understood the complete Scope of Work and other terms & conditions. We herby also confirm that tender
terms & conditions are acceptable to us and any deviation other than mentioned in deviation form is not to be taken into
account.
Yours faithfully,
Signature
Name & Designation
For and on behalf of
Rev.0 26.05.14
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IGL/ND/C&P/P13028
Form F-13
To
INDRAPRASTHA GAS LIMITED
The BANK also agrees that OWNER/OWNER at its option shall be entitled to enforce this Guarantee against the
BANK as a Principal Debtor, in the first instance without proceeding against SELLER and notwithstanding any
security or other guarantee that OWNER/OWNER may have in relation to the SELLERS liabilities.
Rev.0 26.05.14
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IGL/ND/C&P/P13028
Notwithstanding anything contained herein above our liability under this Guarantee is restricted to AND it shall be
remain in force upto and including .. and shall be extended from time to time for such period as may be desired
by the SELLER on whose behalf this Guarantee has been given.
WITNESS
(Signature)
(Name)
(Official Address)
Rev.0 26.05.14
Page 79 of 79
IGL/ND/C&P/P13028
Form F-14
PERFORMA OF INDEMNITY BOND FOR SUPPLY OF MATERIALS BY
PURCHASER/ OWNER
(To be executed on non-judicial stamp paper of appropriate value)
WHEREAS INDRAPRASTHA GAS LIMITED, NEW DELHI (INDIA) (hereinafter referred to as IGL) which
expression shall unless repugnant to the context includes their legal representatives, successors and assigns having their
registered office at 4, Community Center, Sector-9, R. K. Puram, New Delhi has entered into an Contract with
(hereinafter referred to as the CONTRACTOR which expression shall
unless repugnant to the context include their legal representatives, successors and assigns) for
on
the
terms and conditions as set out, inter-alia, in the Contract No................. Dated............. and various documents forming
part thereof hereinafter collectively referred to as the "CONTRACT" which expression shall include all amendments,
modifications and/or variations thereto.
AND WHEREAS
i)
IGL has agreed to supply to the CONTRACTOR, equipment, plants and materials (finished, semi-finished
and raw) for the purpose of EXECUTION of the said CONTRACT by the CONTRACTOR (the
equipment, plants and materials to be supplied by IGL to the CONTRACTOR, hereinafter for the sake of
brevity referred to
as the said materials) and pending execution by the CONTRACTOR of the CONTRACT
incorporating the said materials, the said materials shall be under the custody and charge of the
CONTRACTOR and shall be kept, stored, altered, worked upon and/or fabricated at the sole risk and expense
of the CONTRACTOR.
ii)
As a pre-condition to the supply of the said materials by IGL to the CONTRACTOR, IGL has required the
CONTRACTOR to furnish to IGL an Indemnity Bond in the manner and upon terms and conditions hereinafter
indicated.
NOW, THEREFORE, in consideration of the premises aforesaid the CONTRACTOR hereby irrevocably and
unconditionally undertakes to indemnify and keep indemnified IGL from and against all loss, damage and
destruction (inclusive but not limited to any or all loss or damage or destruction to or of the said materials or any
item or part thereof by theft, pilferage, fire, flood, storm, tempest, lightning, explosion, storage, chemic al or
physical action or reaction, binding, warping, exposure, rusting, faulty workmanship, faulty fabrication, or
faulty method or technique of fabrication, strike, riot, civil commotion, or other act or omission or
commission whatsoever within or beyond the control of the CONTRACTOR, misuse and misappropriation
(inclusive but not limited to the misuse or misappropriation by the CONTRACTOR and the CONTRACTOR's
servants and/or agents) whatsoever to, or of in the said materials or any part of them thereof from the date
that the same or relative part of item thereof was supplied to the CONTRACTOR upto and until the date of
return to IGL of the said materials or relative part of item thereof or completed fabricated works(s)
incorporating the said material and undertake to pay to IGL forthwith on demand in writing without protest or
demur the value as specified by IGL of the said material or item or part thereof, lost, damaged, destroyed,
misused and/or misappropriated, as the case may be or, together with IGL's costs and expenses (inclusive of
but not limited to handling, transportation, cartage, insurance, freight, packing and inspection costs/or expenses
upto) and aggregate limit of
________________________________ (In words ____________________
________________________________________ Only).
AND THE CONTRACTOR hereby agrees with IGL that:
i)
Rev.0 26.05.14
This Indemnity/Undertaking shall be a continuing Indemnity/ Undertaking and shall remain valid and
CGD Expansion Project In NCT of Delhi And NCR
Page 80 of 79
IGL/ND/C&P/P13028
irrevocable for all claims of IGL arising hereunder upto and until the midnight of
. However,
if the CONTRACT for which this Indemnity/Undertaking is given is not completed by this date, the
CONTRACTOR hereby agrees to extend the Indemnity/Undertaking till such time as is required to
fulfill the CONTRACT.
ii)
iii)
The mere statement of allegation made by or on behalf of IGL in any notice or demand or other writing
addressed to the CONTRACTOR as to any of the said material or item or part thereof having been lost,
damaged, destroyed, misused
or misappropriated while in the custody of the CONTRACTOR and/or prior to completion of the
completed fabricated work(s) and delivery to job site thereof incorporating the said materials shall be
conclusive of the factum of the said material or item or part thereof having been supplied to the
CONTRACTOR and/or the loss, damage, destruction, misuse or misappropriation thereof, as the case
may be, while in the custody of the CONTRACTOR and/or prior to the completion of the completed
fabricated work(s) and delivery to job site thereof incorporating the said materials without necessity
on the part of IGL to produce any documentary proof or other evidence whatsoever in support of this.
iv)
The amount stated in any notice of demand addressed by IGL to the CONTRACTOR as to the
value of such said materials lost, damaged, destroyed, misused or misappropriated, inclusive relative
to the costs and expenses incurred by IGL in connection therewith shall be conclusive of the value
of such said materials and the said cost and expenses as also of the amount liable to
be paid to IGL to produce any voucher, bill or other documentation or evidence whatsoever in
support thereof and such amount shall be paid without any demur and on demand and no dispute shall
be raised concerning the same.
The undersigned has full power to execute this Indemnity Bond on behalf of the
CONTRACTOR under the Power of Attorney dated
_______.
Place:
Dated:
Rev.0 26.05.14
Page 81 of 79
SCHEDULE OF RATES
IGL/ND/C&P/P13028
RATE CONTRACT
FOR
GI/COPPER INSTALLATIONS FOR PNG DOMESTIC
CONNECTIONS IN HIGH RISE BUILDINGS IN NCT OF
DELHI & NCR
SECTION - VI
SCHEDULE OF RATES (SOR)
Rev.0 26.05.14
Page 82 of 79
SCHEDULE OF RATES FOR RATE CONTRACT FOR GI/COPPER INSTALLATIONS FOR PNG DOMESTIC
CONNECTIONS IN HIGH RISE BUILDINGS IN NCT OF DELHI & NCR
Bidder Name:
ITEM
NO.
ITEM DESCRIPTION
UNIT
Assessment of material requirement for installation of riser & header at site, Procurement of GI Pipes (heavy duty) as per
IS-1239 Part-I duly powder coated & forged fittings conforming to IS-1239 Part-II from any of the approved vendors of IGL.
Scheduling, Planning of material & Forwarding inspection call, Getting Dispatch clearance from IGL/PMC, Handling,
loading, transportation and unloading of these materials at contractors store / site.
Preparation and approval of sketches, schedules, execution procedures & WPS as per technical specification. All
consumables e.g. e;ectrodes,flux etc. for welding pipes and fittings are under contractor's scope. Finalizing optimum
route in consent of IGL representative from transition fitting to last floor of building including lateral piece with isolation
valve as per Drawing No.01-08-102.
Erection, Fabrication, Socket Welding, Testing & Installation of welded GI Pipes & Fittings etc., including NPT threading as
per technical specification.
Supply & fixing of MS angle clamps, Ceiling clamps & dowel plugs with screws, grout material, suitable thread sealant i.e.
Teflon Tape / lock tight, Supply and fixing of studs & bolts of various sizes ranging from 3/4" to 2", Jointing of transition
fittings to above ground GI pipes, purging, testing and commissioning of the complete installation.
Welded riser shall be installed after successful testing at ground level. Pneumatic testing shall be carried out for entire riser
length after installation of riser as per technical specification. All the safety equipments,tools and tackles required for
satisfactory execution of welding/installation work are under contractor's scope.
Any other material & activities not mentioned/covered above, but otherwise required for satisfactory completion/safety of
work as defined in tender has to be supplied / done by contractor within specified schedule at no extra cost to owner.
90000
10000
4500
500
4500
500
SCHEDULE OF RATES FOR RATE CONTRACT FOR GI/COPPER INSTALLATIONS FOR PNG DOMESTIC
CONNECTIONS IN HIGH RISE BUILDINGS IN NCT OF DELHI & NCR
Bidder Name:
ITEM
NO.
ITEM DESCRIPTION
UNIT
Assessment of material requirement for installation at site, Procurement of GI Pipes & fittings, Copper pipes & fittings,
Brass Fittings & Corrugated Metallic Flexible hose (Anaconda) from any of the approved vendors of IGL.
Scheduling, Planning of material & Forwarding inspection call, getting dispatch clearance, handling, loading, transportation
and unloading of these items at contractors store / work site. Receiving, taking over, handling, loading, transportation and
unloading of owner supplied material such as regulators, meters, Isolation Valves & appliance valves and other free issue
items as defined in specification from Owners designated stock yards to Contractors own stores / work sites.
Proper storing, stacking, identification, providing security and insurance cover. Preparation and approval of sketches,
schedules & execution procedures. Finalising optimum route with consent of customer from lateral isolation valve to
cooking oven / appliance as per drawing no. 01-08-106
Installation of GI service pipes (Heavy duty) as per IS 1239 Part-I, Corrugated Metallic Flexible hose (Anaconda) of SS316
grade, GI fittings & Valves etc. including NPT threading as per technical specification, Drilling of holes through the walls
(Brick, RCC) / Kitchen slab, Granite, Marble, Wood Cutting, Glass Cutting with proper heavy duty hammer drill machine,
tools & tackles, using proper sealant/grout material and colors to match the original replacement of the damages during
drilling, restoring the area to the original condition, Painting (specified as per technical specification) of entire length of
pipe along with fittings after proper surface finish by one coat of approved primer paint and two coats of approved
synthetic enamel paint. Restoring the wall surface to original conditions.
Supply & fixing of clamps & dowel Plugs with screws, grout material, suitable thread sealant i.e. Teflon Tape / lock tight,
purging, testing and commissioning of the complete installation. The rate also includes tapoff in case of charged risers.
Any other material & activities not mentioned/covered above, but otherwise required for satisfactory completion/safety of
work as defined in tender has to be supplied / done by contractor within specified schedule at no extra cost to owner.
3/4 inch GI pipe installation (Threaded) from isolation valve to kitchen - All Floors
63000
7000
1/2 inch GI pipe installation (Threaded) from isolation valve to kitchen - All Floors
4500
500
67500
7500
SCHEDULE OF RATES FOR RATE CONTRACT FOR GI/COPPER INSTALLATIONS FOR PNG DOMESTIC
CONNECTIONS IN HIGH RISE BUILDINGS IN NCT OF DELHI & NCR
Bidder Name:
ITEM
NO.
ITEM DESCRIPTION
UNIT
Receiving, taking over, handling, loading, transportation and unloading of owner supplied materials such as Meters, Meter
Regulators, Isolation Valves & appliance valves and other free issue items as defined in specification from Owners
designated stock yards to Contractors own stores / work sites. Other materials and consumables like Unions and
Adapters etc. required for satisfactory installation of Meters and Meter Regulators i.e. for completion of RFC are under
contractor's scope.
Fixing of meters with associated inlet and outlet connections / fittings, supply of pipes & fittings, pipe cutting, threading &
firmly fixing with meter clamps/brackets and other supports by proper grouting.
Meter Regulators with associated inlet and outlet connections / fittings shall be connected with meter as per drawing no. 0108-106.
The rate also includes testing of joints till commissioning.
Any other material & activities not mentioned/covered above, but otherwise required for satisfactory completion/safety of
work as defined in tender has to be supplied / done by contractor within specified schedule at no extra cost to owner.
a
4
Nos
22500
2500
Nos
90000
10000
Nos
225
25
Conversions of all types of LPG Kitchen applainces to NG based appliances, Supply & changing of the nozzles / jets and
associated controls for domestic & imported appliances including oven and grill with proper tools and tackles. The rate
also includes testing of Kitchen piping from Isolation Valve to Appliance valve and supply and fixing of Reinforced rubber
hose with clamps. Cleaning and performing minor maintenance, greasing etc. and all associated works for conversion of
appliance. Testing and displaying the performance to the customer, signing of joint meter records (JMR) and instructing
safety norms to the customer as per specifications & to the satisfaction of customer / owner / Engineer in Charge.
Any other material & activities not mentioned/covered above, but otherwise required for satisfactory completion/safety of
work as defined in tender has to be supplied / done by contractor within specified schedule at no extra cost to owner.
SCHEDULE OF RATES FOR RATE CONTRACT FOR GI/COPPER INSTALLATIONS FOR PNG DOMESTIC
CONNECTIONS IN HIGH RISE BUILDINGS IN NCT OF DELHI & NCR
Bidder Name:
ITEM
NO.
ITEM DESCRIPTION
UNIT
TOTAL Rs.
Total
18.25
Not Applicable
Not Applicable
Notes:
1
The Schedule of Rates shall be read with all other sections of this Bidding Document
The Contractor is deemed to have studied the drawings, specifications and details of works to be done within the Time Schedule and should have acquainted himself of the conditions prevailing at site
The general activities related to installation of Welded Riser and GI /Cu pipe installation as defined in tender document.
The scope as mentioned in the above SOR is of indicative nature only and shall include all activities as detailed in the relevant clauses of the specifications.
The Owner will not issue any concessional form for CST/ VAT.
Unit rates quoted shall be inclusive of all taxes & duties as defined in bid document but exclusive of service tax & VAT.
The above quantities are tentative and may vary considerably depending upon site condition, methodology adopted as per site requirement with due approval of Owner / Consultant.