GMDA Bid
GMDA Bid
GMDA Bid
June-2022
www.gmda.gov.in
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TABLE OF CONTENTS
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e-Tender Notice
PRESS NOTICE
The Chief Executive Officer, GMDA invites online bids through e-tendering mode on
the website http://etenders.hry.nic.in for the work detailed in the table.
Name of Work: Design, Development, Implementation, Operation
and Maintenance of Smart Parking solution for On-
Street / Off-Street Parking spaces in Gurugram
1. Pre-bid meeting will be held on 20.06.2022 at 11.30 Hrs. in the Office of GMDA,
Gurugram.
2. Bidder shall pay Rs. 1180/- as E-Service fee through Net Banking in favour of
“Society for IT initiative fund for e-Governance” payable at Chandigarh.
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DETAIL NOTICE INVITING TENDER
The Chief Executive Officer, GMDA invites the bids from the eligible bidders through online bid
on the portal https://etenders.hry.nic.in for the work detailed in the table below.
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In case Financial bid is submitted but Bid Security or Tender document Fee or both has not been
submitted or submitted after due date & time by any bidder, then bidder would be debarred from
further tendering in GMDA for a period of minimum one year.
1. “Single tender shall normally not be considered unless there are special circumstances to
do so. In such eventuality, decision to accept the single tender shall be as prescribed in the rules. If
special circumstances are not present. Tenders shall be re-called. If re-tendering again results in a single
tender its acceptance may be considered with proper justification and reasons”.
2. Those bidders shall not be required to pay tender document fees, who choose to submit
bids again on tender being re-called on account of single tender/bid being received or first call.
5. Submission of Original Documents: Willing Contractors shall have to pay the e- Service
Fees of Rs. 1180/- in favor of ‘Society for IT initiative fund for e – Governance through Debit
Cards & Internet Banking Accounts are required to be paid online directly through Internet Baking
Accounts. The Bid Security/ earnest money will have to be submitted online as specified in the
bidding document. However, as the details of the Bid Security and Tender document fee are required
to be filled at the time of Bid Preparation and Submission stage, the Bidders are required to keep
the BS ready appropriately.
6. Last Date/ Time for receipt of bids through e-tendering:(30.06.2022) upto17:00 Hrs.
7. The site for the work is available.
8. Only online submission of bids is permitted, therefore; bids must be submitted online on
website http://etenders.hry.nic.in. The technical qualification part of the bids will be opened online
at O/o Advisor Smart City Division, GMDA, Gurugram GMDA on 01.07.2022 at 15:00 hrs by the
authorized officers. If the office happens to be closed on the date of opening of the bids as specified,
the bids will be opened online on the next working day at the same time.
9. Last date of Bid Validity: 120 days from last date of bid submission.
10. The bid for the work shall remain open for acceptance during the bid validity period to be
reckoned from the last date of ‘online submission of BS. If any bidder/ renderer withdraws his bid/
tender before the said period or makes any modifications in the terms and conditions of the bid,
the earnest money shall stand forfeited. Bids shall be valid for 120 days from the date of bid closing
i.e. from last date of Online submission of EMD. In case the last day to accept the tender happens
to be holiday, validity to accept tender will be the next working day.
11. Bidders may bid for any one or more of the works mentioned in the Table above. To qualify
for a package of contracts made up of this and other contracts for which bids are invited in the same
NIT, the bidder must demonstrate having experience and resources sufficient to meet the aggregate
of the qualifying criteria for the individual contracts.
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(i) Other details can be seen in the bidding documents. The Employer shall not be held liable
for any delays due to system failure beyond its control. Even though the system will attempt to
notify the bidders of any bid updates, the Employer shall not be liable for any information not
received by the bidder. It is the bidders’ responsibility to verify the website for the latest information
related to the tender.
(ii) DNIT& Prequalification criteria can be seen on any working day during office hours in
office of the undersigned.
(iii) Conditional tenders will not be entertained & are liable to be rejected.
(iv) In case the day of opening of tenders happens to be holiday, the tenders will be opened on
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the next working day. The time and place of receipt of tenders and other conditions will remain
unchanged.
(v) The undersigned reserve the right to reject any tender or all the tenders without assigning
any reason.
(vi) The societies shall produce an attested copy of the resolution of the Co-Operative
department for the issuance of tenders.
(vii) The tender without earnest money / bid security / tender document fee will not be opened.
(viii) The jurisdiction of court will be at Gurugram.
(ix) The tender of the bidder who does not satisfy the qualification criteria in the bid documents
are liable to be rejected summarily without assigning any reason and no claim whatsoever on this
account will be considered.
13. Bidding documents consisting of Instruction to bidders, qualification information
and eligibility criteria of bidders, plans, the schedule of items work to be done and the set
of terms & conditions of contract to be complied with by the Contractor can be seen online
on https://etenders.hry.nic.in & GMDA website https://www.gmda.gov.in.
14. Bidder to submit one copy of physical document in printed format before bid
opening in sealed condition.
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KEY DATES
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Section 1: Instructions to Bidders
Table of Clauses
A. General
1. Scope of Bid 22. Withdrawal or modification
E. Bid Opening and Evaluation
2. Source of Funds
23 Bid Opening
3. Eligible Bidders
24 Process to be Confidential
4. Qualification of the Bidder
25 Clarification of Bids and Contacting the
5. One Bid per Bidder
Employer.
6. Cost of Bidding
26. Examination of bids and Determination of
7. Site Visit
Responsiveness.
B. Bidding Documents and Evaluation 27. Correction of Errors
8. Content of Bidding Documents. 28. Pursuant to clause 27
29. Evaluation and Comparison of Bids.
9. Clarification of Bidding Documents and 30.
Pre-Bid Meeting.
10. Amendment of Bidding Documents. F. Award of Contract
11. Language of Bid 32. Employer’s Right to Accept any Bid and to
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A. General
1. Scope of Work
1.1 The Employer (named in the Contract data) on behalf of Chief Executive Officer, GMDA,
Gurugram invites bids for the construction of Works as described in these documents and referred
to as “the Works”. The name of the works is provided in the Appendix to ITB. The bidders may
submit bids for any or all of the works detailed in the table given in the Notice Inviting Tender.
Bid for each work should be submitted separately.
1.2 The successful Bidder will be expected to complete the Works by the Intended Completion
Date specified in the Contract data.
1.3 Throughout these documents, the terms “bid” and “tender” and their derivatives
(bidder/Bidder, bid/tender, bidding/tendering etc.) are synonymous.
2. Source of Funds
2.1 The expenditure on this project will be met from the budget provided by the Govt. of
Haryana.
3. Eligible Bidders
3.1 The Invitation for Bids is open to all registered bidders on the portal
http://works.haryana.gov.in and eligible bidders meeting the eligibility criteria as defined in ITB.
For bid amount exceeding Rs. 100 crore, the Joint Ventures are allowed.
3.2 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices
by the Central Government, the State Government or any public undertaking, autonomous body,
authority by whatever name called under the Central or the State Government.
4.1 All bidders shall provide the Qualification Information as specified in Section 1 & 2 of this
document, Forms of Bid and the undertaking(s) as specified in Section 7. The undertaking should
be of a date after the first invitation of this tender. Initially the scanned copy of undertaking(s)
shall have to be submitted in technical bid and before signing the agreement, the original
undertaking(s) should be submitted by the bidders to GMDA. The undertaking(s) in original shall
make integral part of the agreement.
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4.2 All bidders shall include the following information and documents with their bids in
Section 2, Qualification Information unless otherwise stated in the Appendix to ITB:
(a) Copies of original documents defining the constitution or legal status, place of registration,
and principal place of business; written power of attorney of the signatory of the Bid to commit
the Bidder;
(b) Total annual financial turnover of each of the last three years duly certified by Chartered
Accountant;
(c) (i) Experience in works of a similar nature and size for each of the last seven years with
certificates from the concerned officer not below the rank of Executive Engineer or equivalent;
(ii) and details of works in progress or contractually committed with detail ofclients who may be
contacted for further information on those contracts;
(d) The undertakings as per the format and language given in Section 7 of the document. The
undertakings should be of a date after the invitation of this tender. The bids accompanying with
the language deviated from the languageof the draft provided in Section 2 shall be treated as non
– responsive.
4.3 All care should be taken by the bidder to submit correct information and documents in first
place. No cognizance of the documents submitted subsequently by the bidder on his own regarding
his technical bid shall be taken. However, clarification can be sought upto the extent of clearing
any doubt on the documents already submitted online.
4.4 Joint Ventures are allowed for works costing more than Rs. 100 Cr. Bids submitted by a
Joint Venture (JV) of not more than three firms as partners shall comply with the following
requirements:
a. There shall be a Joint Venture Agreement (as per the format given in Section-7) specific
for these contract packages between the constituent firms, indicating clearly, amongst other things,
the proposed distribution of responsibilities both financial as well as technical for execution of the
work amongst them. For the purpose of this clause, the most experienced lead partner will be the
one defined. A copy of the Joint Venture agreement shall be submitted before any award of work
could be finalized.
b. The bid, and in the case of the successful bidder, the Form of Agreement, etc., shall be
signed and / or executed in such a manner as may be required for making it legally binding on all
partners (including operative parts of the ensuing Contract in respect of Agreement of Arbitration,
etc.). On award of work, the Form of Agreement and Contract Documents shall be signed by all
partners of the Joint Venture to conclude Contract Agreement.
c. Lead partner shall be nominated as being partner-in-charge; and this authorization shall
be evidenced by submitting a power of attorney signed by the
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legally authorized signatories of all the partners.
d. The partner-in-charge shall be authorized to incur liabilities and to receive instructions for
and on behalf of the partners of the Joint Venture, whether jointlyor severally, and entire execution
of the Contract (including payment) shall be carried out exclusively through the partner-in-charge.
A copy of the said authorization shall be furnished in this Bid.
e. All partners of the Joint Venture shall be liable jointly and severally for the execution of
the Contract in accordance with the Contract terms, and a relevant statement to this effect shall be
included in the authorization mentioned under sub clause (c) above as well as in the Form of
Tender and the Form of Agreement (in case of a successful bidder).
f. In the event of default by any partner, in the execution of his part of Contract, the Employer
shall be so notified within 30 days by the partner-in-charge, or in the case of the partner-in-charge
being the defaulter, by the partner nominated as partner-in-charge of the remaining Joint Venture.
The partner-in-charge shall, within 60 days of the said notice, assign the work of the defaulting
partner to any other equally competent party acceptable to the Employer to ensure the execution of
that part of the Contract, as envisaged at the time of bid. Failure to comply with the above
provisions will make the Contractor liable for action by the Employer under the Conditions of
Contract. If the Most Experienced i.e. Lead Partner defined as such in the Communication
approving the qualification defaults, it shall be construed as default of the Contractor and Employer
will take action under the Conditions of Contract.
g. Notwithstanding the permission to assigning the responsibilities of the defaulting partner to
any other equally competent party acceptable to the Employer as mentioned in sub clause (f)
above, all the partners of the Joint Venture will retain the full and undivided responsibility for the
performance of their obligations under the Contract and/ or for satisfactory completion of the
Works.
h. The bid submitted shall include all the relevant information as required under the provisions
of Sub-Clause 4.4 of ITB and furnished separately for each partner.
4.5A To qualify for award of the contract, each bidder in its name should have: -
2. Financial The Average annual Turnover (TO) forCertificate from the StatutoryPQ-2
Turnover Tenderer from all or any of ICTauditor/CA clearly specifying the
infrastructure / IT based projects during last annual turnover & profit before tax
Three (3) Financial years i.e. up to(PBT) for the specified years.
31.03.2022 shall be at least Rs. 10 Crore &
shall be profit making
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3 Financial: NetThe Net Worth of the Tenderer for last 3 Annual Report/Balance Sheet duly PQ-3
Worth & years as on 31.03.2022 should be positive & certified by CA. In case, P&L audited
Profit Making it shall be profit making in last Three (3) report for F.Y 2021-2022 is not
Financial years i.e. up to 31-03-2022. available, certificate from Statutory
Auditor / CA to this effect be
provided.
4. Technical The Tenderer/lead bidder/Parking For each work Copy of Contract / PQ-4
Capability Solution Provider must have completed / in Concession Agreement to establish
for Project progress in India during last Three (5) the required experience.
work financial years up to 2021-2022 & current
year till last date of Tender submission in
India the following scope of work:
Single Government Project Experience of
operating IT based automated parking
systems with a minimum of 500 on-street &
300 off-street parking bays in any of the
metro/Tier I /Tier II cities.
5. OEM The proposed Smart Parking Solution OEM MSME Certification PQ-5
Selection provider must be an Indian registered OEM
from Ministry of Micro, Small and
Medium Enterprises (MSME)
6 Tax The Tenderer, should be registered with the Copy of the certificate of PQ-6
Registration Tax Departments and carry a valid GST, PAN/TAN Number etc.
and clearance PAN/TAN Numbers and GST No.
7 Certifications Tenderer shall have valid certificate for Copy of a valid certificate. PQ-7
ISO 9001:2015/9001:2008. and ISO 20000
or ISO 27001.
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8. Mandatory The Tenderer should: - Self-Declaration by PQ-8
Undertaking not be insolvent, in receivership, bankrupt Director/Company Secretary/
or being wound up, not have its affairs Board resolution as per format in
administered by a court or a judicial Annexure enclosed.
officer, not have its business activities
suspended and must not be the subject of
legal proceedings for any of the foregoing
reasons; not have, and their directors and
officers not have, been convicted of any
criminal offence related to their
professional conduct or the making of false
statements or misrepresentations as to their
qualifications to enter into a procurement
contract within a period of three years
preceding the commencement of the
procurement process, or not have been
otherwise disqualified pursuant to
debarment proceedings;
not have a conflict of interest in the
procurement in question as specified in the
Tender document.
09 Affidavit The Tenderer shall submit a self- A Self Declaration by PQ-09
declaration for being not under legal Director/Company Secretary/
action for corrupt or fraudulent practices Board resolution as per Annexure
(blacklisted) by any Ministry / enclosed.
Department of GoI / State / U T
Government / Government organizations.
10 Integrity Comply with the code of integrity of as Sign the integrity pact as per PQ 10
Pact specified. Annexure enclosed.
11 Letter of The Tenderer shall submit Letter of Original copy should be signed PQ 11
Authorization Authorization signed by Managing and notarized on a legal bond
Director or Board Resolution. paper.
OEM Selection Criteria:
a) The Bidder shall quote only one specific make and model from only one specific OEM, for
each of the goods. Providing more than one option shall not be allowed. All goods quoted
by the Bidder must be associated with item code and names and with printed literature
describing configuration and functionality. Any deviation from the printed specifications
should be clearly mentioned in the offer document by the Bidder.
b) The OEM for each products or technology quoted should be in the business of that product
or solution or technology for at least 5 years as on the date of release of the RFP.
c) All the OEMs should have Direct presence in India and not through channel partners before
the date of submission of bid.
d) The OEM for all active components should give a declaration that products or technology
quoted are neither end of- sale nor end-of-life till 30 months from the date of bidding and
are not end-of-support till 10 years from the due date of bidding.
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e) Bidder must quote products in accordance with above clause “Eligible goods and related
services.
f) Products / Devices / Components used should be non-Chinese and an undertaking for the
same should be provided by the OEM / MSI.
g) The prime responsibility of providing 24x7x365 support for overall project is of MSI.
h) However, in order to ensure the seamless support each of the proposed OEMs should either
have existing capability and infrastructure to provide 24x7x365 technical support in India,
or should provide an undertaking that they would establish the requisite infrastructure and
capability to provide 24x7x365 technical support in India within 60 days from the date of
signing of the contract of their successful MSI and proof of establishment should be
provided after establishing the same.
i) The OEM for each product should not be banned/ blacklisted in India or Globally with any
of the department because of security concerns.
I. OEM / IP CCTV Camera
i. The OEM of the CCTV Camera should have direct incorporated Company in MCA India
for minimum 7 years. Registered offices by way of Joint ventures, Franchise, distribution
partners will not be considered. Also, Merger or takeover of Joint ventures /new companies
less than 7 years will not be considered. Please attach MCA Registration copy.
ii. The OEM brand should not be origin from any land border sharing countries of India or
having its offices and trademark at any land border sharing countries of India.
iii. The OEM / IP CCTV Camera Product Company should have supplied / installed a project
in India containing minimum 5000 Varifocal/PTZ IP Cameras (of quoted camera brand) in
one single project/customer within last 5 years for any state/central Government
department in India. Copies of Purchase Order(s) / Contract Agreement and Certificates of
Successful Completion or satisfaction letter from Customer should be submitted.
iv. The OEM / IP CCTV Camera Product Company should have supplied / installed minimum
2 or more City Surveillance/smart city/smart parking project for any government
department in India.
v. The IP camera OEM should have ISO 14001, ISO 27001 and ISO 9001 Certificate for
manufacturing. The ISO certificate must have registered company name and brand name
in India.
vi. The MAC address of the IP cameras must be registered in the name of OEM supplying the
cameras
vii. The OEM should not be the distributor of another OEM of same or similar product in last
7 years
II. Smart Parking Solution:
i. The Parking Solution OEM should have minimum implementation of 2000 parking bays
in Off-street parking for any State or Central Government Department in India. Valid
certificates like purchased order/contract agreements should be provided.
ii. The OEM should have successfully implemented minimum of 5 projects of smart parking
in State/Central Government/PSU/Smart City/Global and Large Enterprise out of which
min 3 projects should be from smart cities mission projects in India and minimum 1 project
in globally. Valid certification line purchased order/contract agreements should be
provided.
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iii. All software licenses and its implementation for this smart parking solution should be
developed and delivered from one sole OEM
Note:
1) The Tenderer shall comply with all applicable laws, including labor laws, at any point of time
throughout the contract period.
2) For the purpose of pre-qualification only the qualification of the lead bidder shall be considered.
3) Only those tenderers who meet the eligibility criteria shall qualify for Technical Evaluation.
Tenders of firms who do not meet these criteria shall be rejected.
4) In addition to the provisions regarding the qualifications of the Tenderers as set out above the
procuring entity shall disqualify a Tenderer as per the provisions under “Clause 4 in
Section- I: ITB” or any other inconsistency.
(i) An affidavit (format affidavit to be attached) in the prescribed format given in this
document. The affidavit should be of a date later then the date of calling of tender; and
(ii) Such other certificates as defined in the Appendix to ITB. Failure to produce the
certificates shall make the bid non-responsive.
4.5 C To qualify for a package of contracts made up of this and other contracts for whichbids
are invited in the Notice Inviting Tender, the bidder must demonstrate having experience and
resources sufficient to meet the aggregate of the qualifying criteria for the individual contracts.
4.5 D If bidder is a Consortium, the partners would be limited to three (including lead partner).
All Consortium Partners firm shall be jointly and severally responsible for completion of the
project. Consortium must fulfill the following minimum qualification requirement.
i. The lead partner shall meet not less than 50% of qualification criteria given in sub-clause
4.5 A (a) & (b) of ITB above.
ii. Each of the remaining partners shall meet not less than 25% of all the criteria given in sub-
clause 4.5 A (a) & (b) of ITB above.
iii. The Consortium must also collectively satisfy the subject of the criteria of Clause 4.5 B
and 4.5 C of ITB for this purpose the relevant figures for each of the partners shall be added
together to arrive at the Consortium total capacity which shall be 100% or more.
iv. In the event that the Employer has caused to disqualify under Clause 4.7 of ITB below all
of the Consortium partners will be disqualified.
v. Consortium Applicants shall provide a certified copy of the Consortium Agreement in
demonstration of the partners undertaking joint and several liabilities for the performance of any
contract entered into before award of work.
vi. The available bid capacity of the Consortium as required under Clause 4.6 of ITB below
will be applied for each partner to the extent of his proposed participation in the execution of the
work. The total bid capacity available shall be more than estimated contract value.
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vii. The Sub-Contractors' experience and resources shall not be taken into account in
determining the bidder's compliance with the qualifying criteria.
4.5. E Any other requirement as specified elsewhere in the ITB.
4.6 Bidders who meet the minimum qualification criteria will be qualified only if their
available bid capacity for construction work is equal to or more than the total bid value. The
available bid capacity will be calculated as under:
Assessed Available Bid Capacity = (A*N*2- B)
Where
A = Maximum value of financial turnover (as certified by the Charted Accountant) in any one year
during the last three years (updated to price level of the last financial year at the rate of 8% per
year compounded yearly).
N = Number of years prescribed for completion of the works for which bids are invited (period up
to 6 months to be taken as ½ and more than 6 months as 1 in a year).
B = Value, at the current price level (compounded yearly @8% per year), of existing commitments
and on-going works to be completed during the period of completion of the works for which bids
are invited.
4.7 Even though the bidders meet the above qualifying criteria, they are subject to be
disqualified if they have:
(i) made misleading or false representations in the forms, statements, affidavits and
attachments submitted in proof of the qualification requirements; and/or
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5. One Bid per Bidder
5.1 Each Bidder shall submit only one Bid for one work. A Bidder who submits more than
one Bid for one work will cause the proposals with the Bidder's participation to be disqualified.
6. Cost of Bidding
6.1 The Bidder shall bear all costs associated with the preparation and submission of his Bid,
and the Employer will, in no case, be responsible or liable for those costs.
7. Site Visit
7.1 The Bidder, at the Bidder’s own responsibility and risk is encouraged to visit and examine
the Site of Works and its surroundings and obtain all information that may be necessary for
preparing the Bid and entering into a contract for construction of the Works. The costs of visiting
the Site shall be at the Bidder’s own expense. The Bidder acknowledges that prior to the
submission of the bid, the Bidder/Contractor has, after a complete and careful examination, made
an independent evaluation of the Scope of the Project, Specifications and Standards of design,
construction and maintenance, Site, local conditions, physical qualities of ground, subsoil and
geology, suitability and availability of access routes to the Site and all information provided by the
Employer or obtained, procured or gathered otherwise, and has determined to its satisfaction the
accuracy or otherwise thereof and the nature and extent of difficulties, risks and hazards as are
likely to arise or may be faced by it in the course of performance of its obligations hereunder. The
Employer makes no representation whatsoever, express, implicit or otherwise, regarding the
accuracy, adequacy, correctness, reliability and/orcompleteness of any assessment assumptions,
statement or information provided by it and the Bidder confirms that it shall have no claim
whatsoever against the Employer in this regard.
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B. BIDDING DOCUMENTS
8.1 The set of bidding documents comprises the documents listed below and addenda issued
in accordance with Clause 10 of ITB.
1. Detail Notice Inviting Tender
2. Instructions to Bidders including Appendix to bid
3. Qualification Information and other forms
4. Conditions of Contract
(Part I General Conditions of Contract, and Contract Data; Part II Special
Conditions of Contract)
5 Technical Specifications
6 Drawings
7 Bill of Quantities
8 Form of Acceptance, Form of Agreement, Issue of Notice to Proceed
with the Work,
9 Forms of Securities and Form of Unconditional Bank Guarantee.
8.2 The bidder is expected to examine carefully all instructions, conditions of contract, contract
data, forms, terms and specifications, bill of quantities, forms and drawings in the Bid Document.
Failure to comply with the requirements of Bid Documents shall be at the bidder’s own risk.
Pursuant to clause 25 hereof, bids, which are not substantially responsive to the requirements of
the Bid Documents, shall be rejected.
9.1 A prospective bidder requiring any clarification of the bidding documents may notify the
Employer in writing or through email at the Employer’s address indicated in the invitation to bid.
The Employer will respond to any request for clarification which he receives earlier than 10 days
prior to the deadline for submission of bids. Copies of the Employer’s response will be put on
website including a description of the enquiry but without identifying its source.
9.2 If a pre-bid meeting is to be held, the bidder or his authorized representative is invited to
attend it. Its date, time and address are given in the Appendix to ITB.
9.3 The purpose of the meeting will be to clarify issues and to answer questions on any matter
that may be raised at that stage.
9.4 Minutes of the meeting, including the text of the questions raised (without identifying the
source of the enquiry) and the responses given will be uploaded for information of the public or
other bidders. Any modifications of the bidding documents listed in Clause 8.1 of ITB, which may
become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively
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through the issue of an Addendum pursuant to Clause 10 of ITB and not through the minutes of the
pre-bid meeting.
9.5 Non-attendance at the pre-bid meeting will not be a cause for disqualification of a bidder.
10.1 Before the deadline for submission of bids, the Employer may modify the bidding
documents by issuing corrigendum.
10.2 Any addendum/corrigendum thus issued shall be part of the bidding documents and put
on website only and shall be deemed to have been communicated to all the bidders. The Employer
will assume no responsibility in this regard.
10.3 To give prospective bidders reasonable time in which to take an addendum into account
in preparing their bids, the Employer shall extend, as necessary, the deadline for submission of
bids, in accordance with Clause 20.2 of ITB.
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C. PREPARATION OF BIDS
12.1 The Bid submitted by the Bidder shall be in two separate parts:
Part I Technical bid. This shall be named Technical Qualification Part of Bid and shall
comprise of:
Part II. Financial Bid: - It shall be named Financial Bid and shall comprise of:
12.2 The following documents, which are not submitted with the bid, will be deemed to bepart
of the bid.
Section Particulars
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13. Bid Prices
13.1 The Contract shall be for the whole Works, as described in Clause 1.1 of ITB, based on
the priced Bill of Quantities submitted by the Bidder.
13.2 For item rate tenders, the bidder shall fill in item rate at its appropriate place in figures.
Items for which no rate or price is entered by the bidder will not be paid for by theemployer
and considered as nil.
13.3 For percentage rate tender, the bidder shall make its due diligence and quote a single
percentage above or below HSR items including any premium if applicable and individual rate for
NS items which are in the BOQ but not in HSR. NS Items in theBOQ, for which no rate or price
is entered by the bidder will not be paid for by theEmployer and considered as nil rate items.
13.4 All duties, taxes, royalties and other levies payable by the Contractor under the Contract,
or for any other cause, shall be included in the rates, prices, and total Bid price submitted by the
Bidder online.
The rates and prices quoted by the bidder are subject to adjustment during the performance of the
Contract in accordance with the provision of Clause 42 A of the Conditions of Contract.
14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees.
15.2 In exceptional circumstances, prior to expiry of the original time limit, the Employer may
request that the bidders may extend the period of validity for a specified additional period. The
request and the bidders’ responses shall be made in writing or by email. A bidder may refuse the
request without forfeiting his Earnest money. A bidder agreeing to the request will not be required
or permitted to modify his bid, but will be required to extend the validity of his Earnest money for
a period of the extension, and in compliance with Clause 16 of ITB in all respects.
16.1. The Bidder who is not registered as contractor with Haryana Government, shall furnish, as
part of his Bid, a earnest money in favour ‘GMDA’ for the amount for this particular work. The
Earnest Money can be in the following forms: -
a) The Earnest Money through online payment on the portal.
b) Deposit-at-Call Receipt from any scheduled Indian Bank or a foreign Bank located in India
and approved by the Reserve Bank of India.
21
c) Bank Guarantee from any Scheduled Indian Bank or a foreign Bank located in India and
approved by the Reserve Bank of India in the format given in Section-7.
d) Fixed Deposit Receipt, a certified cheque or an irrevocable letter of credit, issued by any
Scheduled Indian Bank or a foreign Bank or a foreign Bank approved by the Reserve Bank of
India.
16.2 Bank guarantees (and other instruments having fixed validity) issued as surety for the bid
shall be valid for 45 days beyond the validity of the bid.
16.3 Any bid not accompanied by an acceptable Earnest Money and not secured as indicated in
Sub-Clauses 16.1 and 16.2 above shall be rejected by the employer as non-responsive. A bidder
shall submit the bid security instruments in physical form for the kinds at 16.1b) or 16.1c) or 16.1d)
in the office of Smart City Division by 5:00 pm on the last date of submission, in case of failure
to do so, he/it shall be blacklisted for participation in the bidding in all future tenders floated by
any Division of GMDA, for a period of 2 years.
16.4. The bidder who is registered as contractor with Haryana Government, shall upload a Earnest
Money declaration form as per format given in Section 7 in the bid document online.
16.5 Any bid from the registered bidders not accompanied by an acceptable Earnest Money
Declaration form as per Section 7 or not secured as indicated in Sub-Clauses 16.1 and 16.2 above
shall be rejected by the Employer as non-responsive.
16.6. The successful bidder shall be de-registered with forfeiture of his/its registration amount
and further barred from participation in future bidding for a period of 2 years, in case of failure to
submit the Performance bank Guarantee as per Clause 34 of this document.
17.1 Bidders shall submit offers that comply with the requirements of the bidding documents,
including the Bill of Quantities and the basic technical design as indicated in the drawings and
specifications. Conditional offer or alternative proposals will be rejected as non-responsive.
22
D. ONLINE SUBMISSION OF BIDS
All the bidders intending to participate in the tenders processed online are required to get registered
on the centralized e - Procurement Portal i.e. https://etenders.hry.nic.in. Please visit the website for
more details.
19. 2.1 The Bids submitted online should be encrypted and signed electronically with a
Digital Certificate to establish the identity of the bidder bidding online. These Digital Certificates
are issued by an Approved Certifying Authority, by the Controller of Certifying Authorities,
Government of India.
19.2.2 A Digital Certificate is issued upon receipt of mandatory identity (i.e. Applicant’s PAN
Card) and Address proofs and verification form duly attested by the Bank Manager / Post Master
/ Gazetted Officer. Only upon the receipt of the required documents, a digital certificatecan be
issued. For more details please visit the website – https://etenders.hry.nic.in.
19.2.3 The bidders may obtain Class-II or III digital signature certificate from any Certifying
Authority or Sub-certifying Authority authorized by the Controller of Certifying Authorities or
may obtain information and application format and documents required for the issue of digital
certificate from the authority.
19.2.4 The bidder must ensure that he/she comply by the online available important guidelines
at the portal https://etenders.hry.nic.in for Digital Signature Certificate (DSC) including the e-
Token carrying DSCs.
19.2.5 Bid for a particular tender must be submitted online using the digital certificate (Encryption
& Signing), which is used to encrypt and sign the data during the stage of bid preparation. In case,
during the process of a particular tender, the user loses his digital certificate (due to virus attack,
hardware problem, operating system or any other problem) he will not be able to submit the bid
online.
Hence, the users are advised to keep a backup of the certificate and also keep the copies at safe
place under proper security (for its use in case of emergencies).
23
19.2.6 In case of online tendering, if the digital certificate issued to the authorized user of a firm
is used for signing and submitting a bid, it will be considered equivalent to a no-objection
certificate/power of attorney /lawful authorization to that User. The firm has to authorize a specific
individual through an authorization certificate signed by all partners to use the digital certificate
as per Indian Information Technology Act 2000. Unless the certificates are revoked, it will be
assumed to represent adequate authority of the user to bid on behalf of the firm in the department
tenders as per Information Technology Act 2000. The digital signature of this authorized user will
be binding on the firm.
19.2.7 In case of any change in the authorization, it shall be the responsibility of management
/ partners of the firm to inform the certifying authority about the change and to obtain the digital
signatures of the new person / user on behalf of the firm / company. The procedure for application
of a digital certificate however will remain the same for the new user.
19.2.8 The same procedure holds true for the authorized users in a private/Public limited
company. In this case, the authorization certificate will have to be signed by the directors ofthe
company.
The bidders can view the detailed N.I.T and the time schedule (Key Dates) for all the tenders
floated through the single portal e-Tender system on the Home Page at http://etenders.hry.nic.in
19.7 Online Payment of eService fee & Bid Preparation & Submission (PQQ/ Technical
& Commercial/Price Bid):
24
i) Online Payment e-Service fee:
The online payment for eService fee can be done using the secure electronic payment gateway by
bidders/ Vendors online directly through Debit Cards & Internet Banking Accounts. The secure
electronic payments gateway is an online interface between contractors and Debit card / online
payment authorization networks.
Important Note: -
(a) Any intending bidder can contact the helpdesk on or before prior to 4 hours of the
scheduledclosing date & time of respective e-Auction/Tender event.
(b) For queries pertaining to e-Payment, please contact the help desk at least 2 business days
priorto the closing date& time of e-Auction/Tender event.
(c) Help-desk support will remain closed during lunch break i.e. from 1:30 PM up to 2:15
PM oneach working day.
Schedule for Training
25
Haryana e-Tender Help Desk Office will remain closed on Saturday, Sunday and
NationalHolidays.
NOTE: - Bidders participating in online tenders shall check the validity of his/her Digital
Signature Certificate before participating in the online Tenders at the portal
http://etenders.hry.nic.in.
For help manual please refer to the ‘Home Page’ of the e-Tender website at
https://etenders.hry.nic.in and click on the available link ‘How to ...? to download the file.
20.2 The Employer may extend the deadline for submission of bids by issuing an amendment
in accordance with Clause 10.3 of ITB. In such case all rights and obligations of the Employer and
the bidders previously subject to the original deadline will then be subject tothe new deadline.
21.3 No bid shall be modified or withdrawn after the deadline of submission of bids.
22. Withdrawal or modification of a bid between the deadline for submission of bids and the
expiration of the original period of bid validity specified in clause 15.1 above or as extended
pursuant to Clause 15.2 may result in the forfeiture of the Earnest money pursuant to Clause 16 or
invite action as per Earnest Money declaration undertaking.
26
E. Bid Opening and Evaluation
23. Bid Opening
23.1 The Employer inviting the bids or its authorized representative will open the bids online
in the presence of the bidders or their representatives who choose to attend at time, date and the
place specified in Appendix to ITB.
23.2 In the event of the specified date for the Opening of bids being declared a holiday for
the Employer, the Bids will be opened at the appointed time and location on the next working day.
23.3 The file containing the Part-I of the bid will be opened first.
23.4 The amount, form and validity of the cost of bidding document and earnest money
furnished with each bid will be announced. If the cost of bidding document and earnest money
furnished does not conform to the amount and validity period as specified in the Invitation for Bid,
and has not been furnished in the form specified in Clause 16, the remaining technical bid will not
be opened and will be disqualified for opening of financial bid. Similarly, for registered bidders,
bid not accompanied by the Earnest Money declaration form, shall be rejected and technical bid
not be opened.
23.5 The Employer will also prepare minutes of the Bid opening, including the information
disclosed in accordance with Clause 23.4 of ITB.
23.6
(i) Subject to confirmation of the earnest money, the bids accompanied with valid earnest
money/earnest money declaration form will be taken up for evaluation with respect to the
Qualification Information and other information furnished in Part I of the bid pursuant to Clause
12.1.
(ii) The technical bid will be evaluated on the basis of the documents submitted online by
the bidder and no modification of his technical bid will be sought from the bidder. No cognizance
of the documents submitted subsequently by the bidder on his own regarding his technical bid
shall be taken. However, clarification can be sought upto the extent of clearing any doubt the
documents already submitted online.
The Technical solution of the Bidders shall be evaluated for compliance to technical
specifications. The Bidder is also required to give Make and Model No. of equipment proposed
along with its specifications (Datasheets) and parawise compliance to technical specifications. No
major deviations shall be accepted. The offer with non-compliant equipment shall not be
considered and their financial bids shall not be opened.
(iii) The bidders will respond in not more than 7 days of issue of the clarification letter,
which will also indicate the date, time and venue of opening of the Financial Bid.
(iv) Immediately, on receipt of these clarifications the Evaluation Committee will finalize
the list of responsive bidders whose financial bids are eligible for consideration.
27
23.7 The Employer shall hoist the result of technical evaluation of bids along with the reasons
for rejection of Part-I of the bid (Technical bid) on the website. Thereafter, the employer shall wait
for 7 days before opening the financial bid of the qualified bidders so as to give the disqualified
bidders and opportunity to avail, if they so desire, any remedy available under the Law.
23.8 Part II (Financial Bid) of bids of only those bidders will be opened online, who have
qualified in Part I of the bid. The bidders’ names, the Bid prices, the total amount of each bid, and
such other details as the Employer may consider appropriate will be notified by the Employer at
the time of bid opening.
23.9 The Employer shall prepare the minutes of the online opening of Part-II of the Bids.
24 Process to be Confidential
Information relating to the examination, clarification, evaluation, and comparison of bids and
recommendations for the award of a contract shall not be disclosed to bidders or any other persons
not officially concerned with such process until the award to the successful Bidder has been
announced. Any attempt by a Bidder to influence the Employer’s processing of bids or award
decisions may result in the rejection of his Bid.
25.2 Any attempt by the bidder to influence the Employer’s bid evaluation, bid comparison
or contract award decision may result in the rejection of his bid.
25.3 To assist in the examination, evaluation, and comparison of Bids, the Employer may,
at his discretion, ask any Bidder for clarification of his Bid, including breakdowns of unit rates.
The request for clarification and the response shall be in writing or by email, but no change in the
price or substance of the Bid shall be sought, offered, or permitted.
26.1 During the detailed evaluation of “Part-I of Bids”, the Employer will determine
whether each Bid
(a) meets the eligibility criteria defined in Clauses 3 and 4;
(b) has been properly signed;
(c) is accompanied by the required securities;
(d) is substantially responsive to the requirements of the bidding documents; and
(e) meets the functional and technical requirements of the bidding document.
During the detailed evaluation of the “Part-II of Bids”, the responsiveness of the bids will be
further determined with respect to the remaining bid conditions, i.e., priced bill of quantities.
26.2 A substantially responsive “Financial Bid” is one which conforms to all the terms,
conditions, and specifications of the bidding documents, without material deviation or reservation.
A material deviation or reservation is one
28
(a) which affects in any substantial way the scope, quality, or performance of the
Works;
(b) which limits in any substantial way, inconsistent with the bidding documents, the
Employer’s rights or the Bidder’s obligations under the Contract; or
(c) whose rectification would affect unfairly the competitive position of other bidders
presenting substantially responsive bids.
26.3 If a Bid is not substantially responsive, it will be rejected by the Employer, and may
not subsequently be made responsive by correction or withdrawal of the non-conforming deviation
or reservation.
27.2. The amount stated in the “Financial Bid” will be corrected by the Employer in
accordance with the above procedure and the bid amount adjusted in the following manner.
(a) If the Bid price increases as a result of these corrections, the amount as stated in the bid
will be the ‘bid price’ and the increase will be treated as rebate;
(b) If the bid price decreases as a result of the corrections, the decreased amount will be
treated as the ‘bid price’.
28. Adjusted in bid price pursuant to clause 27 above, shall be considered as binding upon
the Bidder. If the Bidder does not accept the corrected amount the Bid will be rejected, and action
as per provisions of Earnest Money Declaration Form shall be initiated or Earnest Money shall be
encashed as applicable.
29.2 In evaluating the Bids, the Employer will determine for each Bid the evaluated Bid Price
by adjusting the Bid Price as follows:
(a) adjustments to reflect discounts or other price offered in Financial bid submitted online.
29.3 If the Bid of the successful Bidder is seriously unbalanced in relation to the
Engineer’s estimate of the cost of work to be performed under the contract, the Employer may
require the Bidder to produce detailed price analysis for any or all items of the Bill of Quantities,
to demonstrate the internal consistency of those prices. After evaluation of the price analysis, the
Employer may require that the amount of the Performance Security set forth in Clause 30 of ITB
29
be increased at the expense of the successful Bidder to a level sufficient to protect the Employer
against financial loss in the event of default of the successful Bidder under the Contract. The
amount of the increased Performance Security shall be decided at the sole discretion of the
Employer, which shall be final, binding and conclusive on the bidder. The amount of additional
performance security shall be equal to an amount arrived at as below: -
(i) If the Bid price offered by the contractor is negatively unbalanced upto the 10% of the
estimated project cost (as per analytical rates / N.S. rates).
In such cases no additional performance security shall be taken from the successfulbidder;
(ii) If the bid price offered by the contractor is negatively unbalanced below 10% and upto
20% of the estimated project cost (as per analytical rates / N.S. Rates): -
(iii) If the bid price offered by the contractor is further negatively unbalanced below 20% of
the estimated project cost (as per analytical rates / N.S. Rates): -
In such case, the Additional performance security shall be calculated @ 30% of the
{(% below quoted by the contractor – 10%) of the estimated cost of the project};
(iv) 20% of the total unbalanced amount of all the seriously unbalanced items (i.e.
unbalanced by more than 40% of the estimated amount of that particular item/items).
Out of (i), (ii), (iii) and (iv) above Whichever is higher is to be deposited by the successful
bidder.
30
2. Single OEM for all Software Components
3. Experience in implementation of On-street, Off-street with Multi-
level Car Parking (MLCP)
4. Solution should have proven integration with parking hardware
like ground sensors, LED displays, boom barriers, Ticketing
Systems, ANPR cameras in one single software application.
5. The solution should support cloud, on-premise and hybrid mode
of deployment
TQ1.2 The sole bidder or any member in case of consortium should 10
have experience in development and implementation of at least One
IT/Software/Hardware project with Government of Haryana with
minimum order value of 2 Cr.
TQ OEM-Criteria
2.0
TQ Smart Parking Solution Provider: 10
2.1 > 1 Project 3 Marks
> 2 Projects 5 Marks
> = 3 Projects 10 Marks
All the bidders who secure a Technical Score of 70% or more will be declared as technically
qualified
Quality and Cost Based Selection: The method employed for the final selection of the System
Partner and award of the contract will be QCBS i.e. Quality and Cost Based Selection method,
which would ensure the quality of the solution as well as the cost effectiveness of the same. Each
bidder would be assigned a Technical Score (TS) and a Financial Score (FS) based on the technical
and financial evaluation of the bid respectively. These scores would then be combined with pre-
assigned weights (0.7 for technical score and 0.3 for financial score) and the bidders would be
31
ranked as per this combined score. Bidder with the highest final composite score (Final Composite
Score = TS*0.70 + FS*0.30) shall be declared as “Best Evaluated Bidder” and shall be entitled for
the award of the contract.
ii. In case of a tie in the final composite score, the bidder having highest technical score will be
considered eligible for leading to the award of the contract.
iii. GMDA may waive any minor informality or non-conformity or irregularity in a Bid, which
does not constitute a material deviation, provided such a waiver does not prejudice or affect the
relative ranking of any Bidder. iv. Negotiations may be done as per Haryana Govt. Guidelines/
instructions.
29.5 Validity of above Additional performance Security shall be valid until a date 28 days
from the date of issue of the certificate of completion.
29.6 The Employer reserves the right to accept or reject any variation or deviation. Variations
and deviations and other factors, which are in excess of the requirements of the Bidding documents
or otherwise result in unsolicited benefits for the Employer, shall not be considered in Bid
evaluation.
29.7 The estimated effect of the price adjustment conditions under Clause 47 of the
Conditions of Contract, during the period of implementation of the Contract, will not be considered
in Bid evaluation.
30. The agency/Bidder to whom the work is allotted shall be paid lowest of the following
in the running/final bills.
32
F. AWARD OF CONTRACT
31.1 Subject to Clause 32 of ITB, the Employer will award the Contract to the Bidder whose
Bid has been determined:
(i) To be substantially responsive to the bidding documents and who has offered the lowest
evaluated Bid price and
(ii) To be within the available bid capacity adjusted to account for his bid price which is
evaluated the lowest in any of the packages opened earlier than the one under consideration. In no
case, the contract shall be awarded to any bidder whose available bid capacity is less than the
evaluated bid.
32. Employer’s Right to Accept any Bid and to Reject any or all Bids
32.1 Notwithstanding Clause 31 above, the Employer reserves the right to accept or reject any
Bid, and to cancel the bidding process and reject all bids, at any time prior to the award ofContract,
without thereby incurring any liability to the affected Bidder or bidders or any obligation to inform
the affected Bidder or bidders of the grounds for the Employer’s action.
33.1 The bidder whose Bid has been accepted will be notified of the award by the Employer
prior to expiration of the Bid validity period by email confirmed by registered letter. This letter
(hereinafter and in the Part I General Conditions of Contract called the “Letter of Acceptance”)
will state the sum that the Employer will pay to the Contractor in consideration of the execution,
completion and maintenance of the works, by the Contractor during defect liability period as
prescribed by the Contract (hereinafter and in the Contract called the “Contract Price”).
33.2 The notification of award will constitute the formation of the Contract, subject only to
the furnishing of a Performance Security in accordance with the provisions of Clause 34.
33.3 The Agreement will incorporate all agreements between the Employer and the successful
Bidder. It will be signed by the Employer and the successful Bidder after the Performance Bank
Security is furnished.
33.4 Upon the furnishing by the successful Bidder of the Performance Security, the Employer
will promptly notify the other Bidders that their Bids have been unsuccessful.
33.5 Upon the furnishing by the successful Bidder of the Performance Security, the Employer
shall issue the letter to proceed with the work.
33.6 If the lowest Bidder (L-1) backs out, his earnest money shall be forfeited or action as per
conditions of Bid Security Declaration Form shall be initiated. The agency will be de- barred for
giving tenders for two year and the second lowest Bidder (L-2), third lowest
33
Bidder (L-3) in order of sequence, may be called upon to bring his offer to the same level as the
originally first lowest Bidder. In the event of their refusal to do so, tenders shall be recalled. In
case of great urgency, authority competent to accept the tender may authorize call of limited or
short notice tenders.
34.1.a) Within 15 days of receipt of the Letter of Acceptance, the successful Bidder shall deliver
to the Employer a Performance Security in any of the forms given below for an amount equivalent
to 3% of the Contract price plus additional security for unbalanced Bids in accordance with Clause
29.3 of ITB and Conditions of Contract:
A Bank Guarantee in the form given in Section 7/FDR in the name of Executive Engineer
concerned. Performance bank guarantee shall be valid until a date 45 days after the expiry of
Defect Liability-cum-Maintenance Period.
34.2 If the performance security is provided by the successful Bidder in the form of a Bank
Guarantee/FDR, it shall be issued either (a) at the Bidder’s option, by a Nationalized/Scheduled
Indian Bank or (b) by a foreign bank located in India and acceptable to the Employer.
34.3 Failure of the successful Bidder to comply with the requirements of Sub-Clause 34.1
shall constitute sufficient grounds for cancellation of the award and forfeiture of the Earnest
money/action due as per Earnest Money declaration. The bidder shall also be debarred for period
of 2 year from participation in tenders in any of the Departments/Boards/Corporations etc. of
Haryana Government. If the work of is an urgent nature and cannot brook delay involved in re-
tendering, the remaining Bidders shall be offered the lowest approved rates. If more than one
Bidder turns up, then preferences shall be given to the Bidder graded according to the rates quoted
in the first instance.
34.4 Whenever there is an addition to the contract price due to change in scope or variations,
the Performance Security shall be increased by an equal percentage. The contractor shall deliver
Performance Security within 21 days of receipt of request in this regard from the employer.
35. Advances
The Employer will provide Advances as stipulated in the conditions of contract, subject to
maximum amount, as stated in the Contract Data.
34
36. Corrupt or Fraudulent Practices
36.1 The ‘Employer’ will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices in competing for the
contract in question and will declare the firm ineligible, either indefinitely or for a stated period
of time; to be awarded a contract by Haryana Government in any of
Departments/Boards/Corporations etc.
36.2 The successful bidder shall be required to sign an Integrity Pact as provided in Section 7.
36.3 The Employer requires the Bidders/Contractors to strictly observe the laws against fraud
and corruption in force in India, namely, Prevention of Corruption Act, 1988.
37. Debarring
If a registered but unverified bidder submits Financial Bid online but he/it fails to submit the
Earnest Money instruments in physical form by 5:00 pm with GMDA on the last date of
submission of this tender, he / it shall be blacklisted for participation in the bidding in all future
tenders floated by any of Department/Boards/Corporations etc. of Government of Haryana, for a
period of 2 years.
The agency to whom the work is allotted shall complete the entire work as per Functional &
Technical specifications, drawings irrespective of quantities in the DNIT. The agency is bound to
consult the Functional & Technical specifications, drawings before tendering and tender the work
accordingly.
Note: - After Clause 38 of ITB, any of the tendering Departments may include one or more
clauses in the ITB as per specific requirement of the department/work.
35
Appendix to ITB
Instructions to Bidders
Clause Reference
(4.5 A) (i) The average annual financial turn over amount is Rs. lacs
(Rs. only)
(4.5 A) (ii) Value of work is as under: -
(i) Three works: - Rs ................... Lacs
(ii) Two works: - Rs ................... Lacs
(iii) Single Work: - Rs ................... Lacs
Place: -
Time: -
Date: -
36
Section-2
Qualification Information
Individual Bidders
1.
1.1 Constitution or legal status of Bidder [attach copy]
Place of registration:
1.2.1 Work performed as prime Contractor (in the same name and style) on construction works
of a similar nature and volume over the last Five years. Attach certificate from the Engineer-in-
charge.
1.2.2 Work performed as Sub-Contractor (in the same name and style) on construction works of
a similar nature and volume over the last Five years. Attach certificate from Principal Employer
(Main Client).
37
Project Name of Description Value of Contract Date of Stipulated Actual Remarks
Name Employer of work contract No. Issue of date of Date of explainin
Work completion Completion g reasons
Order for delay,
if any
1.2.3 Information on Bid Capacity (works for which bids have been submitted and works
which are ongoing and yet to be completed) as on the date of this bid.
Description Place & Name & Estimated Stipulated Date when Remarks, if
of works State Address of value of period of decision is any
Employer works (Rs. completion expected
in lacs)
1 2 3 4 5 6 7
Note:- Here, any of the departments may specify the quantities of the work executed by the
bidder.
38
Section 3
Conditions of Contract
Table of Contents
39
Section 3
A. General
1. Definitions
1.1 Terms which are defined in the Contract Data are not also defined in the Conditions
ofContract but keep their defined meanings. Capital initials are used to identify defined terms.
Bill of Quantities means the priced and completed Bill of Quantities forming part of the Bid.
The Completion Date is the date of completion of the Works as certified by the Engineer, in
accordance with Clause 48.1.
The Contract is the Contract between the Employer and the Contractor to execute, complete, and
maintain the Works. It consists of the documents listed in Clause 2.3.
The Contract Data defines the documents and other information which comprise theContract.
The Contractor is a person or corporate body whose Bid to carry out the Works, including
routine maintenance, has been accepted by the Employer.
The Contractor's Bid is the completed bidding document submitted by the Contractor to the
Employer.
The Contract Price is the price stated in the Letter of Acceptance and thereafter as adjusted in
accordance with the provisions of the Contract.
A Defect is any part of the Works not completed in accordance with the Contract or distressed
development in the work irrespective of any causes.
The Defect Liability-cum-Maintenance Period is the period named in the contract Data and
calculated from the Completion Date.
40
The Maintenance means the activities required to be carried out for routine maintenance of road
relating to works covered in scope of work as per the agreement.
Drawings include calculations and other information provided or approved by the Engineer for
the execution of the Contract.
The Employer is the party as defined in the Contract Data, who employs the Contractor to carry
out the Works, including routine maintenance. The Employer may delegate any or all functions to
a person or body nominated by him for specified functions.
The Engineer is the person named in the Contract Data (or any other competent person appointed
by the Employer and notified to the Contractor, to act in replacement of the Engineer) who is
responsible for supervising the execution of the Works and administering the Contract.
Equipment is the Contractor's machinery and vehicles brought temporarily to the Site to construct
the Works.
The Initial Contract Price is the Contract Price listed in the Employer's Letter of Acceptance.
The Intended Completion Date is the date on which it is intended that the Contractor shall
complete the Works. The Intended Completion Date is specified in the Contract Data. The
Intended Completion Date may be revised only by the Engineer by issuing an extension of time.
Materials are all supplies, including consumables, used by the Contractor for incorporation in the
Works.
Plant is any integral part of the Works that shall have a mechanical, electrical, electronic,
chemical, or biological function.
Site Investigation Reports are those that were included in the bidding documents and are reports
about the surface and subsurface conditions at the Site.
Specification means the Specification of the Work included in the Contract and any modification
or addition made or approved by the Engineer.
The Start Date is given in the Contract Data. It is date when the Contractor shall commence
execution of the works. It does not necessarily coincide with any of the Site Possession Dates.
A Sub-Contractor is a person or corporate body who has a Contract with the Contractor to carry
out a part of the construction work in the Contract, which includes work on the Site.
Temporary Works are works designed, constructed, installed, and removed by the Contractorthat
are needed for construction or installation of the Works.
The Works, as defined in the Contract Data, are what the Contract requires the Contractor to
construct, install, maintain, and hand over to the Employer.
41
Substantial completion means those works which are at least 95% completed as on the date of
submission (i.e. gross value of work done upto the last date of submission is 95% or more of the
original contract price) and continuing satisfactorily.
2. Interpretation
2.1 In interpreting these Conditions of Contract, singular also means plural, male also means
female or neuter, and the other way around. Headings have no significance. Words have their
normal meaning under the language of the Contract unless specifically defined. The Engineer will
provide instructions clarifying queries about these Conditions of Contract.
2.2 If sectional completion is specified in the Contract Data, references in the Conditions of
Contract to the Works, the Completion Date, and the Intended Completion Date apply to any
Section of the Works (other than references to the Completion Date and Intended Completion Date
for the whole of the Works).
2.3 The documents forming the Contract are to be taken as mutually explanatory, and unless
otherwise expressly provided elsewhere in the Contract, the priority of the documents, in the event
of any ambiguity between them, shall be interpreted in the following order of priority:
(1) Agreement,
(2) Notice to Proceed with the Work,
(3) Letter of Acceptance,
(4) Contractor's Bid,
(5) Contract Data,
(6) Special Conditions of Contract Part II,
(7) General Conditions of Contract Part I,
(8) Specifications,
(9) Drawings,
(10) Bill of Quantities, and
(11) Any undertaking given subsequent to submission of bid.
(12) Any other document listed in the Contract Data.
3. Language and Law
3.1 The language of the Contract shall be English. The law governing the Contract are the
Acts/Rules/Guidelines etc. notified by Government of India and Government of Haryana.
4. Engineer's Decisions
4.1 Except where otherwise specifically stated, the Engineer will decide contractual matters
between the Employer and the Contractor in the role representing the Employer. However, if the
Engineer is required under the rules and regulations and orders of the Employer to obtain approval
of some other authorities for specific actions, he will so obtain the approval.
4.2 Except as expressly stated in the Contract, the Engineer shall not have any authority to
relieve the Contractor of any of his obligations under the Contract.
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5. Delegation
5.1 The Engineer, with the approval of the Employer, may delegate any of his duties and
responsibilities to other person, after notifying the Contractor, and may cancel any delegation after
notifying the Contractor.
6. Communications
7. Subcontracting
7.1(a) The Contractor may subcontract part of the work with the approval of the Employer
in writing, up to 50 percent of the contract price, but will not assign the Contract. It is
expressly agreed that the Contractor shall, at all times, be responsible and liable for all his
obligations under this Agreement notwithstanding anything contained in the agreements with his
Sub-contractors or any other agreement that may be entered into by the Contractor and no default
under any such agreement shall exempt the Contractor from his obligations or liability hereunder.
7.1 (b) However, any specialized work can be Subletted to a Sub Contractor possessing
required valid Experience and certificate required if any after approval from the Employer.
7.2 The Contractor shall not be required to obtain any consent from the Employer for:
(a) the sub-contracting of any part of the Works for which the Sub-Contractor is named in
the Contract;
(b) the provision for labour, or labour component.
(c) the purchase of Materials which are in accordance with the standards specified in the
Contract.
7.3. The Engineer should satisfy himself before recommending to the Employer whether the
Sub-Contractor so proposed for the Works possesses the experience, qualifications and equipment
necessary for the job proposed to be entrusted to him in proportion to the quantum of Works to be
sub-contracted.
7.4 While sub-contracting part of construction work as per provisions of Clause 7.1 and
7.3 above, the Contractor shall enter into formal sub-contract with sub-contractor making
provisions for such requirements as may be specified by the Engineer including a condition that to
the extent of inconsistency, provision of the Contract shall prevail over the provisions of the sub-
contract. A copy of document of formal sub-contract shall be furnished to the Employer within a
period of 30 days from the date of such sub-contract. In all such cases, on completion of the
Contract, the Engineer, unless for reasons recorded in writing decides otherwise shall issue a
43
Certificate of Experience to the contractor and in such certificate, the experience of the sub-
contractors shall also be mentioned. The Copy of such certificate would also be endorsed to the
sub-contractor.
8. Other Contractors
8.1 The Contractor shall cooperate and share the Site with Other Contractors, public
authorities, utilities, and the Employer between the dates given in the Schedule of Other
Contractors, as referred to in the Contract Data. The Contractor shall also provide facilities and
services for them as described in the Schedule. The Employer may modify the Schedule of Other
Contractors, and shall notify the Contractor of any such modification.
8.2 The Contractor should take up the works in convenient reaches as decided by the Engineer
to ensure there is least hindrance to the smooth flow of traffic including movement of vehicles
and equipment of Other Contractors till the completion of the Works.
9. Personnel
9.1 The Contractor shall ensure that the personnel engaged by it in the performance of its
obligations under this Contract are at all times appropriately qualified, skilled and experienced in
their respective functions.
9.2 The Contractor shall employ for the construction work and operation of lab, the technical
personnel named in the Contract Data or other technical persons approved by the Engineer. Before
signing the agreement, the contractor will submit the bio data of the technical personnel, as given
in contract data, he proposes to employ on this work to the Engineer and will get the bio data
approved from the Engineer. The Engineer will approve any proposed replacement of technical
personnel only if their relevant qualifications and abilities are substantially equal to or better than
those of the personnel stated in the Contract Data.
9.3 If the Engineer asks the Contractor to remove a person who is a member of the Contractor's
staff or work force, stating the reasons, the Contractor shall ensure that the person leaves the Site
within seven days and has no further connection with the Works in the Contract. The Contractor
shall then appoint (or cause to be appointed) a replacement.
9.4 The Contractor shall not employ any retired Gazetted officer who has worked in the
Engineering Department of the State Government and has either not completed two years afterthe
date of retirement or has not obtained State Government’s permission for employment with the
Contractor.
9.5 The Engineer may require the Contractor to remove (or cause to be removed) any person
employed on the Site or Works, including the Contractor's Representative, who in the opinion of
the Engineer:
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(d) persists in any conduct which is prejudicial to safety, health, or the protectionof the
environment.
10.1 The Employer carries the risks which this Contract states are Employer's risks, and the
Contractor carries the risks which this Contract states are Contractor's risks.
11.1 The Employer is responsible for the excepted risks which are (a) in so far as they directly
affect the execution of the Works in the Employer’s country, the risks of war, invasion, act of
foreign enemies, rebellion, revolution, insurrection or military or usurped power, civil war, riot
commotion or disorder (unless restricted to the Contractor’s employees) and contamination from
any nuclear fuel or nuclear waste or radioactive toxic explosive.
12.1 All risks of loss of or damage to physical property and of personal injury and death which
arise during and in consequence of the performance of the Contract other than the excepted risks,
referred to in clause 11.1, are the responsibility of the Contractor.
13. Insurance
13.1 The Contractor at his cost shall provide, in the joint names of the Employer and the
Contractor, insurance cover from the Start Date to the date of completion, in the amounts and
deductibles stated in the Contract Data for the following events which are due to the Contractor's
risks:
(a) loss of or damage to the Works and material, plant and machinery to be incorporated
in the work.
(b) Personal injury or death.
(c) Loss of damage to property of third party other than the Contractor and the Employer
(except works, plant, material and equipments) in connection with the Contract.
13.2 Insurance policies and certificates for insurance shall be delivered by the Contractor to the
Engineer for the Engineer's approval before the Start Date. All such insurance shall provide for
compensation to be payable in Indian Rupees to rectify the loss or damage incurred.
13.3 (a) The Contractor at his cost shall also provide, in the joint names of the Employer and
the Contractor, insurance cover from the date of completion to the end of Defect Liability- cum-
Maintenance Period, in the amounts and deductibles stated in the Contract Data for personal
injury or death which are due to the Contractor's risks:
(b) Insurance policies and certificates for insurance shall be delivered by the Contractor to the
Engineer for approval before the completion date/start date. All such insurance shall provide for
compensation to be payable in Indian Rupees.
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13.4 Alterations to the terms of insurance shall not be made without the approval of the
Employer.
13.5 Both parties shall comply with any conditions of the insurance policies.
14.1 The Contractor, in preparing the Bid, may, at his own risk, rely on any Site Investigation
Reports if referred to in the Contract Data, supplemented by any other information available to
him, before submitting the bid.
14.2 The Contractor shall be required to make adequate dewatering arrangements to make the
area dry for construction work. No separate payment shall be made to the Contractor for
dewatering. The percentage premium (above or below) for HSR items and individual rates for NS
items shall include the cost of dewatering unless specific provisions are made in the BOQ for
payment of dewatering. This includes sub soil/surface dewatering also, if needed to execute the
work properly.
16.1 The Contractor shall construct, and install and maintain the Works in accordance with the
Specifications and Drawings.
17. The Works to Be Completed by the Intended Completion Date
17.1 The Contractor may commence execution of the Works on the Start Date and shall carry
out the Works in accordance with the Programme submitted by the Contractor, as updated with
the approval of the Engineer, and complete them by the Intended Completion Date.
18.1 The Contractor shall submit Specifications and Drawings showing the proposed
Temporary Works to the Engineer, who is to approve them.
18.2 The Contractor shall be responsible for design and safety of Temporary Works.
18.3 The Engineer's approval shall not alter the Contractor's responsibility for design and safety
of the Temporary Works.
18.4 The Contractor shall obtain approval of third parties to the design and safety of the
Temporary Works, where required.
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18.5 All Drawings prepared by the Contractor for the execution of the temporary or permanent
Works, are subject to prior approval by the Engineer before their use.
19. Safety
19.1 The Contractor shall be responsible for the safety of all activities on the Site.
19.2 The Contractor shall be responsible for safety of all persons, employed by him on Works,
directly or through petty contractors or Sub-Contractors, and shall report accidents to any of them,
however, and wherever occurring on Works, to the Engineer or the Engineer’s
Representative, and shall make every arrangement to render all possible assistance and to provide
prompt and proper medical attention. The compensation for affected Workers or their relatives
shall be paid by the Contractor in such cases expeditiously in accordance with the Workmen’s
Compensation Act and other labour Laws and regulations.
20. Discoveries
21.1 The Employer shall handover complete or part possession of the site to the Contractor
seven days in advance of construction Programme. At the start of the work, the Employer shall
handover the possession of at least 75% of the site.
22. Access to the Site
22.1 The Contractor shall allow access to the Site and to any place where work in connection
with the Contract is being carried out, or is intended to be carried out to the Engineer and any
person/persons/agency authorized by:
Not applicable.
23. Instructions
23.1 The Contractor shall carry out all instructions of the Engineer, which comply with the
applicable laws where the Site is located.
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24. Dispute Redressal system
24.1 If any dispute or difference of any kind what-so-ever shall arise in connection with or
arising out of this contract or the execution of work or Defect Liability-cum- Maintenance period
of the works there under, whether before its commencement or during the progress of works or
after the termination, abandonment or breach of the contract, it shall, in the first instance, be
referred for settlement to the competent authority, described along with their powers in the contract
data above the rank of the Engineer. The competent authority shall, within a period of forty-five
days after being requested in writing by the contractor to do so, convey his decision to the
contractor. Such decision in respect of every matter so referred shall, subject to review as
hereinafter provided, be final and binding upon the contractor. In case the work is already in
progress, the contractor shall proceed with the execution of the works, including maintenance
thereof pending receipt of the decision of the authority as aforesaid, with all due diligence.
24.2 Either of the parties is barred from making reference to the competent authority after 120
days from completion of work i.e. the claims will be time barred if the reference to the competent
authority is not made within 120 days from the completion of work.
24.3 Either Party will have the right to apply for arbitration as provided here in after if
he/it is not satisfied with decision of the competent authority.
25. Arbitration
(a) Where any of the party is not satisfied with the order passed by the competent authority
can apply for appointment of Arbitrator. In case the party invoking arbitrator is contractor he shall
deposit 2% of claim amount with ‘Engineer’. On termination of the arbitration proceedings, this
fee shall be adjusted against the cost, if any, awarded by the arbitrator against the claimant party
and the balance remaining after such adjustment, and in the absence of such cost being awarded,
the whole of the sum bill will be refunded within one month of the date of award.
(b) For agreement amounts upto Rs. 10.00 Crore (after adjusting the contract price any
increase/decrease due to variations etc.) the matter will be referred to a single Arbitrator to be
appointed by the Engineer-in-Chief from the panel of arbitrators approved by the Government.
(c) (i) For agreement amounts more than Rs. 10.00 Crore (after adjusting the contract price
any increase/decrease due to variations etc.) the matter will be referred to an Arbitral Tribunal
consisting of 3 arbitrators, one each to be appointed by the Employer after taking approval from
Engineer-in-Chief and the contractor and the third arbitrator to be chosen by the two arbitrators so
appointed by both the parties to act as Presiding Arbitrator. In case of failure of the two arbitrators
appointed by the parties to reach upon a consensus within a period of 30 days from the appointment
of the arbitrator appointed subsequently, the Presiding Arbitrator shall be appointed by the
Administrative Secretary, of the department to which the work belongs (Principal Secretary/
Additional Chief Secretary) as the case may.
ii) If one of the parties fails to appoint its arbitrator in pursuance of sub-clause c(i) above within
30 days after receipt of the notice of the appointment of its arbitrator by the other party, then the
48
Administrative Secretary, of the department to which the work belongs shall appoint the arbitrator.
A certified copy of the order of the Administrative Secretary, of the department to which the work
belongs, making such an appointment shall be furnished to each of the parties.
iii) The decision of the majority of arbitrators shall prevail both parties.
(d) Arbitration proceedings shall be held in India, and the language of the arbitration
proceedings and that of all documents and communications between the parties shallbe English.
(e) The cost and expenses of Arbitration proceedings will be paid as provided hereinafter.
However, the expenses incurred by each party in connection with the preparation, presentation,
etc. of its proceedings as also the fees and expenses paid to the arbitrator appointed by such party
or on its behalf shall be borne by each party itself. The fee and expenses of presiding Arbitrator
shall be borne by both the parties equally.
(f) Performance under the contract shall continue during the arbitration proceedings and
payments due to the contractor by the employer shall not be withheld, unless they are the subject
matter of the arbitration proceedings.
(g) The fee and other charges payable to an arbitrator shall be as per of “THE
ARBITRATION AND CONCILIATION (AMENDMENT) ACT., 2016.
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B. Time Control
26. Programme
26.1 Within the time stated in the Contract Data, the Contractor shall submit to the Engineer
for approval a Programme showing the general methods, arrangements, order, and timing for all
the activities in the Works, for the construction of works.
26.2 The Contractor shall submit the list of equipment and machinery being brought to site,
the list of key personnel being deployed, the list of machinery/ equipments being placed in field
laboratory and the location of field laboratory along with the Programme. The Engineer shall cause
these details to be verified at each appropriate stage of the programme.
26.3 An update of the Programme shall be a programme showing the actual progress achieved
on each activity and the effect of the progress achieved on the timing of the remaining Works,
including any changes to the sequence of the activities.
26.4 The Contractor shall submit to the Engineer for approval an updated Programme at
intervals no longer than the period stated in the Contract Data. If the Contractor does not submit
an updated Programme within this period, the Engineer may withhold the amount stated in the
Contract Data from the next payment certificate and continue to withhold this amount until the
next payment after the date on which the overdue Programme has been submitted.
26.5 The Engineer's approval of the Programme shall not alter the Contractor's obligations.
The Contractor may revise the Programme and submit it to the Engineer again at any time. A
revised Programme shall show the effect of Variations and Compensation Events.
27.1 The Engineer shall extend the Intend Completion Date, with approval from authority
competent to grant time extension as mentioned in clause 16.16.6 of PWD code through Employer,
if a Compensation Event occurs or a Variation is issued which makes it impossible for Completion
to be achieved by the Intended Completion Date without the Contractor taking steps to accelerate
the remaining work and which would cause the Contractor to incur additional cost.
27.2 The Engineer with the approval of the authority competent to grant time extension as per
PWD Code Clause 16.16.6 through employer shall decide whether and by how much to extend the
Intended Completion date within 56 days of the Contractor asking the Engineer for a decision upon
the effect of a compensation event or variation and submitting full supporting
50
information. If the Contractor has failed to give early warning to delay or has failed to cooperate
in dealing with a delay, the delay by the failure shall not be considered in accessing the new
Intended Completion Date.
27.3 The Engineer shall within 14 days of receiving full justification from the contractor for
extension of Intended Completion Date refer to the employer. The employer shall refer the case
to the authority competent to grant time extension as per Clause 16.16.6 of PWD Code within
further 14 days for his decision. It the authority competent to grant time extension fails to give his
acceptance within next 28 days, the engineer shall not grant the time extension and the Contractor
may refer the matter to the Dispute Redressal System under clause 24.1. In case the employer
happens to be the authority competent to grant time extension, he would convey his decision to
the Engineer within 42 days.
28.1 The Engineer may instruct the Contractor to delay the start or progress of any activity
within the Works. Delay/delays totaling more than 30 days will require prior written approval of
the Employer.
29.1 The Engineer may require the Contractor to attend a management meeting. The business
of a management meeting shall be to review the plans for the Works.
29.2 The Engineer shall record the business of management meetings and provide copies of
the record to those attending the meeting. The responsibility of the parties for actions to be taken
shall be decided by the Engineer either at the management meeting or af ter the management
meeting and stated in writing to all those who attended the meeting.
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C. Quality Control
30. Identifying Defects
30.1 The Engineer shall check the Contractor's work and notify the Contractor of any Defects
that are found. Such checking shall not affect the Contractor's responsibilities. The Engineer may
instruct the Contractor to search for a Defect and to uncover and test any work that the Engineer
considers may have a Defect.
31. Tests
31.1 For carrying out mandatory tests as prescribed in the specifications, the Contractor shall
establish field laboratory at the location decided by Engineer. The field laboratory will have
minimum equipments as specified in the Contract Data. The Contractor shall be solely responsible
for:
(a) Carrying out the mandatory tests prescribed in the relevant Specifications, and
(b) For the correctness of the test results, whether preformed in his laboratory or
elsewhere.
If the Engineer instructs the Contractor to carry out a test not specified in the Specifications to
check whether any work has a Defect and the test shows that it does, the Contractor shall pay for
the test and any samples.
32.1 The Engineer shall give notice to the Contractor of any Defects before the end of the
Defect Liability-cum-Maintenance Period, which begins from the Completion Date. The Defect
Liability-cum-Maintenance Period shall be extended for as long as the Defects remain to be
corrected.
32.2 Every time notice of Defect/Defects is given, the Contractor shall correct the notified
Defect/Defects within the duration of time specified by the Engineer’s notice.
32.3 To fulfill the objectives laid down in sub clauses 32.3 and 32.4 above, the Contractor
shall undertake detailed inspection of the roads at least once in a month. The Engineer can increase
this frequency in case of emergency. The Contractor shall forward to the Engineer, the record of
inspection and rectification each month. The Contractor shall pay particular attention on those road
sections which are likely to be damaged or inundated during rainy season.
32.4 The Engineer may issue notice to the Contractor to carry out maintenance of defects, if
any, noticed in his inspection, or brought to his notice. The Contractor shall remove the defects
within the period specified in the notice and submit to the Engineer a compliance report.
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33. Uncorrected Defects
33.1. If the Contractor has not corrected a Defect within the time specified in the ‘Engineer’s notice,
the ‘Engineer’ will assess the cost of having the Defect corrected, and the Contractor will pay
double of this amount.
33.2 If the contractor fails to pay the amount as intimated by the ‘Engineer’ to the contractor as
per clause 36.1 the same shall be recovered from the running bill or the security amount and it if is
more than the security amount then the same shall be recovered from the performance security.
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D. Cost Control
35 The Bill of Quantities is used to calculate the Contract Price. The Contractor is paid for the
quantity of the work done at the rates in the Bill of Quantities for each item.
36. Variations
36.1 The Engineer shall, having regard to the scope of the Works and the sanctioned estimated
cost, have power to order, in writing, Variations within the scope of the Works, he considers
necessary during the progress of the Works. Such Variations shall form part of the Contract and
the Contractor shall carry them out and include them in updated Programmes produced by the
Contractor. Oral orders of the Engineer for Variations, unless followed by written confirmation,
shall not be taken into account.
38.1 When the Programme is updated, the Contractor shall provide the Engineer with an updated
cash flow forecast.
39.1. The Contractor shall submit to the ‘Engineer’ monthly statements of the estimated value
of the work completed less the cumulative amount certified previously by 1st week of the month.
In case contractor does not submit his bill by 1st week of the month, ‘Engineer’ shall get the
monthly statement of the estimated value of work completed less cumulative amount prepared by
the end of third week of the month. This procedure will be followed even if no work is carried out
at the site of work.
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39.2. The ‘Engineer’ shall check the Contractor’s monthly statement within 21 days of the date
of submission and certify the amount as per agreement to be paid to the Contractor. The amount
so checked and certified by the ‘Engineer’ shall be paid to the contractor within 30 days from such
certification failing which an interest @10% per annum for the period of delay shall be paid. In
case the payment is made earlier than 51 days then deduction of interest @ 10% per annum for the
number of days of early payment shall be deducted from the next bill.
40. Payments:
40.1 Payments shall be adjusted for deductions for advance payments, security
deposit/retention, other recoveries in terms of the contract and taxes at source, as applicable under
the law.
41. The Employer may appoint another authority, as specified in the Contract Data (or any
other competent person appointed by the Employer and notified to the Contractor) to make
payment certified by the Engineer.
42. Items of the Works for which no rate or price has been entered in the Bill of Quantities,
will not be paid for by the Employer and shall be deemed covered by other rates and prices in the
Contract.
43. The agency / bidder to whom the work is allotted shall be paid lowest of the following in
the running / final bills: -
1. Amount calculated with the accepted rates of lowest agency.
2. Amount worked out with the accepted percentage above /below HSR+CP/analytical
rates/NS item rates, worked out in financial statement. Financial statement will be made a part of
agreement.
3. Payment Schedule:
The stage wise payment schedule shall be as follows:
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4 Installation, Testing &
Commissioning
20% 2 Months
4 (a) Installation, Testing, 100%
configuration of device/
equipment/ sensors &
readers
4(b) Product/ Equipment 100% 1 Month
testing
6 Handover & Training
Handover of equipment &
training to operations team
(a) 100% 10% 1 Month
7 AMC for 5 Years Payment shall be
made on quarterly
basis in equal parts.
a) AMC for Ist Year 100% Quarterly payment of 1 Year
annual quoted
b) AMC for 2nd Year 100% Quarterly payment of 1 Year
annual quoted
c) AMC for 3rd Year 100% Quarterly payment of 1 Year
annual quoted
d) AMC for 4th Year 100% Quarterly payment of 1 Year
annual quoted
e) AMC for 5th Year 100% Quarterly payment of 1 Year
annual quoted
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44. Compensation Events
44.1 The following are Compensation Events unless they are caused by the Contractor:
(a) The Employer does not give access to 80% of the area of project Site by theSite
Possession Date stated in the Contract Data.
(b) The Employer modifies the schedule of other contractors in a way whichaffects the
work of the contractor under the contract.
(c) The Engineer orders a delay or does not issue drawings, specifications or instructions
required for execution of works on time.
(d) The Engineer instructs the Contractor to uncover or to carry out additional testsupon work
which is then found to have no Defects.
(e) The Engineer does not approve of a subcontract to be let, within 30 days.
(f) Ground conditions are substantially more adverse than could reasonably have been
assumed before issuance of Letter of Acceptance from the information issued to Bidders (including
the Site Investigation Reports), from information available publicly and from a visual inspection
of the site.
(g) The Engineer gives an instruction for dealing with an unforeseen condition, caused by the
Employer, or additional work required for safety or other reasons.
(h) Other contractors, public authorities, utilities or the Employer does not work within the
dates and other constraints stated in the Contract, and they cause delay or extra cost to the
Contractor.
(i) The advance payment is delayed, beyond 28 days after receipt of application and bank
guarantee.
(j) The effect on the Contractor of any of the Employer’s Risks.
(k) The Engineer unreasonably delays issuing a Certificate of Completion.
(l) Other Compensation Events listed in the Contract Data or mentioned inthe Contract.
44.2 In case of works of Irrigation Water Resources Department, no compensation would be
payable due to non availability of closure of a canal. If the closure is not made available within the
Intended Completion Date, the Contractor will have the option to complete the works, withthe
permission of Competent Authority, in the extended period.” Not applicable.
44.3 If a Compensation Event would prevent the Works being completed before the Intended
Completion Date, the Intended Completion Date shall be extended. The Engineer shall recommend
to the Employer whether and by how much the Intended Completion Date shall be extended. Final
approval shall rest with the Employer.
45. Tax
45.1 The rates quoted by the Contractor shall be deemed to be inclusive of all taxes of Central
and State Governments (including GST), duties, royalties, cess, toll, other levies etc. of local
bodies and authorities that the Contractor will have to pay for the performance of this Contract.
The Employer will perform such duties in regard to the deduction of such taxes at source as per
applicable law.
46 Currencies
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46.1 All payments will be made in Indian Rupees.
The Employer shall retain is sum of 6% (six percent) from each payment due to the contractor
subject to maximum of 5% of the final contract price until Completion of the whole of the Works.
On completion of the whole of the Works half the total amount retained is repaid to the Contractor
and half when the Defect Liability-cum-Maintenance Period has passed and the Engineer has
certified that all Defects notified by the Engineer to the Contractor before the end of this period
have been corrected.
On completion of the whole works, the contractor may substitute retention money with an “on
demand” Bank guarantee/FDR.
49.1 In the event of failure on part of the Contractor to achieve timely completion of the project,
including any extension of time granted under Clause 27, he shall, without prejudice to any other
right or remedy available under the law to the Employer on account of such breach, pay as agreed
liquidated damages to the Employer and not by way of penalty in a sum calculated at the rate per
day or part thereof as stated in the Contract Data. For the period that the Completion Date is later
than the Intended Completion Date, liquidated damages at the same rate shall be withheld if the
Contractors fails to achieve the milestones prescribed in the Contract Data. However, in case the
Contractor achieved the next milestone, the amount of the liquidated damages already withheld
shall be restored to the Contractor by adjustment in the payment certificate. Both the Parties
expressly agree that the total amount of liquidated damages shall not exceed 10% (ten percent) of
the value of the balance work (amount of uncompleted work) on the date on which liquidated
damages have become due. The liquidated damages payable by the Contractor are mutually agreed
genuine pre-estimated loss and without any proof of actual damage likely to be suffered and
incurred by the Employer; and the Employer is entitled to receive the same and are not by way of
penalty.
The Employer may, without prejudice to any other method of recovery, deduct the amount of such
damages from any sum due, or to become due to the Contractor or from Performance Security or
any other dues from Government or semi Government bodies within the state.
The payment or deduction of such damages shall not relieve the Contractor from his obligations
to complete the Works, or from any other of his duties, obligations or responsibilities under the
Contract.
The Contractor shall use and continue to use his best endeavor to avoid or reduce further delay to
the Works, or any relevant Stages.
49.2 If the Intended Completion Date is extended after liquidated damages have been paid, the
Engineer shall correct any such payment of liquidated damages by the Contractor by adjusting the
next payment certificate.
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49.3 It is agreed by the Contractor that the decision of the Employer as to the liquidated damages
payable by the Contractor under this Clause shall be final and binding.
50.1. The Employer shall make advance payment to the Contractor of the amounts stated in the
Contract Data by the date stated in the Contract Data, against provision by the Contractor of an
Unconditional Bank Guarantee in a form as per Section-7 and by a bank acceptable to the
Employer in amounts and currencies equal to the advance payment. The guarantee shall remain
effective until the advance payment has been repaid, but the amount of the guarantee shall be
progressively reduced by the amounts repaid by the Contractor. Interest will be charged on the
advance payment as specified in the contract data.
50.2. The Contractor is to use the advance payment only to pay for Equipment, Plant and
Mobilization expenses required specifically for execution of the Works. The Contractor shall
demonstrate that advance payment has been used in this way by supplying copies of invoices or
other documents to the ‘Engineer’.
50.3. The advance payment shall be repaid by deducting proportionate amounts from payments
otherwise due to the Contractor. Following the schedule of completed percentages of the Works
on a payment basis. No account shall be taken of the advance payment or its repayment is assessing
valuations of work done, Variations, price adjustments, Compensation Events, or Liquidated
Damages.
The ‘Engineer’ shall make advance payment in respect of materials intended for but not yet
incorporated in the Works in accordance with conditions stipulated in the Contract Data.
51 Securities
51.1 The Performance Security equal to 3% (three percent) and additional security for
unbalanced bids shall be provided to the Employer no later than the date specified in the Letter of
Acceptance and shall be issued in an amount and form and by a bank or surety acceptable to the
Employer, and denominated in Indian Rupees. The Performance Security shall be valid until a date
45 days from the date of expiry of Defect Liability-cum-Maintenance Period and the additional
security for unbalanced bids shall be valid until a date 28 days from the date of issue of the
certificate of completion.
52.1 Loss or damage to the Works or Materials to be incorporated in the Works between the
Start Date and the end of the Defect Liability-cum-Maintenance Period shall be remedied by
the Contractor at his cost if the loss or damage arises from the Contractor's acts or omissions.
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E. Finishing the Contract
54.2 The Employer shall take over the maintained work within seven days of the Engineer
issuing a certificate of clearance of Defect Liability-cum-Maintenance Period.
55.1 The Engineer shall issue a substantial completion certificate if so requested by the
contractor if the work is atleast 95% complete and the work has been executed to such an extent
that it can be gainfully utilized by the Employer and remaining work is minor in nature not
affecting gainful use of the work.
56.1 The Defect Liability-cum-Maintenance period shall be as defined in the Contract Data and
Special Condition of Contract.
57.1. The Contractor shall supply to the ‘Engineer’ a detailed account of the total amount that
the Contractor considers payable under the Contract before the end of the Defects Liability Period.
The ‘Engineer’ shall issue a Defect Liability Certificate and certify any final payment that is due
to the Contractor within 56 days of receiving the Contractor’s account if it is correct and complete.
If it is not, ‘Engineer’ shall issue within 56 days a schedule that states the scope of the corrections
or additions that are necessary. If the Final Account is still unsatisfactory after it has been
resubmitted, the Engineer shall decide on the amount payable to the Contractor and issue a
payment certificate, within 56 days of receiving the Contractor’s revised account.
57.2 The contractor will submit the final bill of construction within 21 days of issue of Completion
Certificate. The Engineer will process and pass the final bill within 21 days of the submission of
final bill by the contractor.
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58. Operating and Maintenance Manuals
58.1 If "as built" Drawings and/or operating and maintenance manuals are required, the
Contractor shall supply them by the dates stated in the Contract Data.
58.2 If the Contractor does not supply the Drawings and/or manuals by the dates stated in the
Contract Data, or they do not receive the Engineer's approval, the Engineer shall withhold the
amount stated in the Contract Data from payments due to the Contractor.
59. Termination
59.1 The Employer or the Contractor may terminate the Contract if the other party causes a
fundamental breach of the Contract.
59.2 Fundamental breaches of the Contract shall include, but shall not be limited to, the
following:
(a) the Contractor stops work for 28 days when no stoppage of work is shown on the current
Programme and the stoppage has not been authorized by the Engineer;
(b) the ‘Engineer’ instructs the Contractor to delay the progress of the Works and the
instruction is not withdrawn within 56 days the Contractor is declared as bankrupt or goes into
liquidation other than for approved reconstruction or amalgamation;
(c) the Engineer gives Notice that failure to correct a particular Defect whether pertaining to
construction work or pertaining to Defect Liability-cum-Maintenance Period is a fundamental
breach of the Contract and the Contractor fails to correct it within a reasonable period of time
determined by the Engineer;
(e) the Contractor has delayed the completion of the Works by the number of days for which
the maximum amount of liquidated damages can be paid, as defined in clause 44.1;
(f) the Contractor fails to provide insurance cover as required under clause 13;
(g) if the Contractor, in the judgment of the Employer, has engaged in the corrupt, fraudulent
or coercive practice in competing for or in executing the Contract. For the purpose of this clause,
“corrupt practice” means the offering, giving, receiving, or soliciting of anything of value to
influence the action of a public official in the procurement process or in Contract execution.
“Fraudulent Practice” means a willful misrepresentation or omission of facts or submission of
fake/forged documents in order to induce public official to act in reliance thereof, with the purpose
of obtaining unjust advantage by or causing damage to justified interest of others and/or to
influence the procurement process to the detriment of the Government interests. And, this includes
collusive practice among Bidders (prior to or after bid submission) designed to establish bid
process at artificial non-competitive levels and to deprive the Employer of the benefits of free and
open competition. “Coercive practice” means the act of obtaining something, compelling an action
or influencing a decision through intimidation, threat or the use of force directly or indirectly,
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where potential or actual injury may befall upon a person, his/ her reputation or property to
influence their participation in the tendering process.
59.3 When either party to the Contract gives notice of a breach of contract to the ‘Engineer’ for
a cause other than those listed under Sub Clause 59.2 above, the ‘Engineer’ shall decide whether
the breach is fundamental or not
59.4 Notwithstanding the above, the Employer may terminate the Contract for convenience.
59.5 If the Contract is terminated, the Contractor shall stop work immediately, make the Site
safe and secure, and leave the Site as soon as reasonably possible.
60.1 (i) If the Contract is terminated because of a fundamental breach of Contract by the
Contractor, the Engineer shall issue a certificate for the value of the work done, less liquidated
damages, less advance payments received up to the date of the issue of the certificate and less the
percentage to apply to the value of the work not completed, as indicated in the Contract Data. If
the total amount due to the Employer exceeds any payment due to the Contractor, the difference
shall be recovered from the Retention Money and Performance Security. If any amount is still left
un-recovered it will be a debt payable to the Employer from any other due payments to the
contractor for any other works executed by him in the State of Haryana, any other state Govt.
works, Central Govt. works including state public sector works executed by the Contractor.
(ii) If the Contract is terminated because of a fundamental breach of contract by the Contractor
due to non compliance of the requirements of clause 32 of GCC regarding Defect Liability-cum-
Maintenance Period, the Engineer will assess the cost of having the defect corrected. If the total
amount due to the Employer exceeds any payment due to the Contractor, the difference shall be
recovered from the Security Deposit and Performance Security. If any amount is still left un-
recovered, it will be recovered from any dues payable to the Contractor from any other State
Government works including State Public Sector works executed by the Contractor. If any amount
still remains unrecovered, it shall be recovered as arrears of land revenue.
61.1 All materials on the Site, Plant, Equipment, Temporary Works and Works are deemed to
be the property of the Employer, if the Contract is terminated because of a Contractor’s default to
make recoveries.
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62. Release from Performance
62.1 If the Contract is frustrated by the outbreak of war or by any other event entirely outside
the control of the Employer or the Contractor, the Engineer shall certify that the Contract has been
frustrated. The Contractor shall make the Site safe and stop work as quickly as possible after
receiving this certificate and shall be paid for all work carried out before receiving it and for any
work carried out afterwards to which a commitment was made.
62.2 If a Contractor dies during the currency of the Contract or becomes permanently
incapacitated, and his/her legal heirs are not willing to complete the Contract, the Contract shall
be closed without levying any damages/compensation as provided for in clauses 44 and 60 of GCC.
However, if the nominee expresses his/her intention to complete the balance work and the
competent authority is satisfied about the competence of the nominee, then the competent authority
shall enter into a fresh agreement for the remaining work strictly on the same terms and conditions,
under which the Contract was initially awarded.
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Part-II Special Conditions of Contract
63. 0 Agreement:
Gurugram Metropolitan Development Authority shall execute an Agreement with the successful
bidder as per the terms and conditions of the Bid document. The conditions stipulated in the
agreement must be strictly adhered to and any violation of any of the conditions will entail
termination of the contract without prejudice to the rights of Gurugram Metropolitan Development
Authority. In such a case, Gurugram Metropolitan Development Authority has the right to invoke
Performance Bank Guarantee and further right to terminate the entire or part of the contract by
giving one-month notice.
It will be the responsibility of the Bidder to ensure that all instructions/provisions issued
time to time by GMDA are strictly adhered to. Any violation of any lawful provision will
be treated, as a violation of the terms conditions of contract action will be taken against
the Bidder as per provision of the contract.
65.0 Bidder responsibility for Public Liability against All Claims, Act Losses:
The Bidder shall indemnify GMDA, against all claims, actions, demands, losses, charges, cost
of expenses, which the GMDA has to incur, or which may occur on account of infringement of
any of these conditions by the Bidder or on any other account whatsoever. The Bidder shall
obtain a public liability policy of insurance in respect of work allotted to him.
66.0 The GMDA, Authority to Recover the Cost in Case of Any Default:
If the Bidder shall neglect or fails in its duties under the Provisions of the contract, the GMDA,
may serve a notice on the Bidder asking it to do undertake tasks as agreed upon as in the
contract and recover the cost thereof from the Bidder without prejudice to any other rights,
the GMDA may have on account of such default..
The GMDA or his authorized representative shall have the right to have the Smart Parking
System discontinued, shifted or removed at any time during the period of contract with due
prior notice to the Private operator. In the event of such removal or shifting, the Bidder may
be permitted at the discretion of GMDA to develop the Smart Parking System on the
alternative site constructed / allotted, if available. The locations may be changed/relocated for
the reasons beyond the control of GMDA. The Bidder shall re-commission the Smart Parking
System / Project Facility or the affected part thereof on receiving the instructions from
GMDA in this regard. In such a case the cost of relocation of any / all the Smart Parking
System shall be borne by the Bidder as per the instructions from GMDA. The Smart
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Parking System shall be relocated & decommissioned within 15 days. If the Smart
Parking System has been damaged because of natural calamity, riots, fire, and accident or
asked to remove for any legal dispute, GMDA under no circumstances will reimburse the
Bidder for such damage or removal.
The Bidder shall not assign or transfer the rights hereby granted to him to any person or
persons, firm or company whosoever or whatsoever in any manner including by way of
subcontract, agency or in any other manner without intimating in writing to the CEO,
GMDA.
If during the Agreement, the performance in whole or in part, by either party, of any obligation
under this is prevented or delayed, by reason beyond the control of the parties including war,
hostility, acts of the public enemy, civic commotion, sabotage, Act of State or direction from
Statutory Authority, explosion, epidemic, quarantine restriction, strikes and lockouts (as are not
limited to the establishments and facilities of the parties), fire, floods, earthquakes, natural
calamities or any act of GOD (hereinafter referred to as EVENTS), provided notice of happenings
of any such EVENT is given by the affected party to the other, within twenty one (21) days from
date of occurrence thereof, neither party shall have any such claims for damages against the other,
in respect of such non-performance or delay in performance. Provided service under this
Agreement shall be resumed as soon as practicable, after such EVENT comes to an end or ceases
to exist.
In the event of a Force Majeure, the affected party will be excused from performance during the
existence of the Force Majeure. When a Force Majeure occurs, the affected party after notifying
the other party will attempt to mitigate the effect of the Force Majeure as much as possible. If
such delaying cause shall continue for more than sixty (60) days from the date of the notice stated
above, the party injured by the inability of the other to perform shall have the right, upon written
notice of thirty (30) days to the other party, to terminate this Agreement. Neither party shall be
liable for any breach, claims, damages against the other, in respect of non-performance or delay
in performance as a result of Force Majeure leading to such termination.
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Contract Data to General Conditions of Contract
1. The Employer is
Name: Chief Executive Officer, GMDA Address: Plot No.03, Sector-44, GMDA office,
Gurugram 122003 (Haryana)
4. The Intended completion date for the whole of the works is 06 months (six months) after
start of work.
5. The site is located at: Sector 44, Gurugram, As per Annexure attached.
6. The start date shall be 10 days after the date of issue of the Notice to Proceed with the work.
7. Section Completion: Pl. refer payment Schedule.
8. Following document also form part of Contract:
9. Schedule (if any) of other contractors: Nil
10. Technical Personnel for work and operation:
Personnel
11. S Qualification Minimum
N Numbers
1 Project Manager BE. Electrical / Electronics + 08 1 No.
years Experience
2 Site Engineer BE. Electrical / Electronics + 03 2 No.
years Experience
3 IT & Networking BE. (Computer/IT) + 3 Years 2 No.
Engineer Experience
Total 5 Nos
Note:- In case, the above qualified personnel are not deployed the following deduction shall be
made per month from the payment due to the contractor
S Personnel Salary
N
1 Project Manager Rs. 60,000/- per month
2 Site Engineer Rs.50,000/- per month
3 IT & Networking Engineer Rs.50,000/- per month
The employer reserves the right to employ any or all the above personal as per requirement
given above irrespective of above deductions made from the payments due to the contractor.
For whole of work: (1/2000) the of the initial Contract price rounded off to the nearest
thousand per day.
For non-achievement of milestone (wherever specified in terms of Contract Data):
(1/2000) th of the initial Contract price rounded off to the nearest thousand per day.
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Maximum limit of liquidated damages for completion of work: 10 (Ten) percent of the
balance amount of work.
12. Retention Money: The proportion of payments retained (Retention money) shall be 6% from
each bill subject to maximum of 5% of Final contract price.
12. The standard form of Performance Security acceptable to the Employer shall be an
unconditional Bank Guarantee of the type as presented in the Bidding document, or Fixed Deposit
Receipt from a scheduled Commercial bank. (refer Clause 51).
13. The Maintenance –cum-Defect Liability Period shall be seven (05) years from the
date of completion wherein payment for DLP period shall be made as per payment schedule of the
contract agreement/ DNIT (refer Special conditions for Comprehensive Maintenance Contract).
During ‘Maintenance-cum-Defect Liability Period’ no extra payment shall be made to
contractual agency on account of repair / replacement of items / material (including the cost of
material / machinery / Labour etc. what so ever), if required any.
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Section 4
Project Summary, Scope of work & Technical Specifications
The Smart Parking initiative in Gurugram Smart City is aimed at providing parking
management and guidance system. Details related to the Smart Parking initiative
requirements are mentioned in the following sections.
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4.1.1.2 Off-street parking spaces: This type of parking consists of demarcated area for
parking near a street or road.These parking locations will have proper fencing and defined
entry and exit points. Individual sensors for parking slots are not proposed.
It shall include the following:
Boom Barrier with Loop sensors / entry and exit sensors.
CCTV Cameras
Multiline LED Display unit with built in UPS.
Mobile / handheld PoS Device.
The entry and exit boom barriers shall be installed for off street parking spaces. The
boom barrier prevents the users from entering the Parking lot without any ticket and
exiting without payment. The boom barriers are connected to the system and operate
(open/close) independently only after transaction is complete. The barrier can be operated
manually in the event of communication failure between the controller and barrier. The
barrier can be locked in either open or closed state and can prevent any unauthorized
access to it. The barrier uses a dual channel loop for detection of vehicle as it passes the
barrier. The loop is ideally used for closing the barrier once the vehicle has entered /
exited, but also serves as a dual purpose of safety of personnel and vehicles.
The CCTV Camera captures the number plate information whenever any vehicle enters
or exits the parking area. This number plate information is saved along with the ticket
transaction information in the server. This information can be retrieved later as part of
transaction logs.
For other items i.e Multiline LED Display unit with built in UPS and Mobile / Handheld
PoS Device the description is as provided under Online Parking Spaces.
The system shall have advanced slot booking facility and map-based guidance system up
to parking location.
All the afore-mentioned information will be available on the Parking Management Portal
and GMDA Mobile App.
The proposed Mode of Implementation shall be through open tender. Brief details are as
follows:
Design, Finance, Construct and O&M through Agency finalized in tender process.
4.1.3 Broad Requirements for setting up of Smart Parking System for Sector 44:
State of art Smart parking Infrastructure, management and guidance system.
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Proper Paved surface for parking:
- On-street parking (around 3.66 Kms)
- Off Street (2 nos) (I no to be upgraded & 2nd to be paved).
along with other civil infrastructure.
Properly marked Bays for 4 W (Cars) & 2 W (Bikes) parking.
Well planned circulation Area within Off-street parking lots.
Locations to have proper fencing and defined entry / exit points.
Sector-wide well-designed footpaths (3.9 Kms on both sides (low height, good surface and
with gentle ramps at entry and intersections) next to On-street parking so that parkers need
not walk on road carriageways.
AI based Parking Guidance System (PGS): For on street parking the PGS shall consist of
LED Displays to show availability and Web-portal and Mobile App (Android and iOS
latest) to guide commuters to free parking slot using map based guidance system, AI based
recommendation on availability of parking slot and wait time to get a parking slot.
Central Management System (CMS): The CMS shall consist of servers to host parking
management software, storage to host all the parking and surveillance camera data,
network switches, and management solutions for real time monitoring and administration
of all the parking lots.
FASTag operating license should be made available by the customer as the payment via
FASTag would then directly be credited to customer account.
The Smart Parking System shall support wide range of Parking reservation through computer
browser or mobile app, Monthly Passes, and Walk-in-booking. It shall also support wide range of
Payment options like FASTag, Online Payment using credit / debit cards, Mobile payments using
e-wallets & NFC, Prepaid cards and Cash. If required a discount can be given for cashless system.
It shall support both static and dynamic pricing models and pricing can be set based on Type of
Vehicle, type of parking area, holiday / working day, peak hours, duration of parking, category of
passes etc. The parking rates shall be set by GMDA only. The parking rates shall be displayed on
Information Display panels. It shall be possible to provide wide range of real-time MIS reports
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and analytics to know various demand and revenue trends. The parking application shall be made
available on GMDA Mobile App “myGurugram” and shall be very user friendly. It shall be
possible to find from the Mobile app the nearest available parking slot, parking charges, guide to
the empty parking slot on map and finally making mobile payment. It shall support wide range of
parking areas like Indoor parking Lots (MCLP), Off-street parking lot, 3rd party /Private Paring
Lots , On demand Temporary parking Lots etc. It shall support multiple types of vehicles like cars,
bikes and commercial transport vehicles etc.
A Schematic diagram for both On-street and Off-Street Parking is enclosed.
I. Bidder is required to conduct an additional detailed survey to study, validate and submit all
updated documents, survey reports and maps as part of the proposed solution to GMDA.
II. The Bidder may propose any other innovative solution to increase occupancy of parking
lots. However, the Bidder shall be required to take approval from GMDA before
implementation of any solution, whether proposed or otherwise.
III. The Bidder shall ensure at all times that the parking lots are utilized by cars, cabs, two
wheelers and that no heavy or medium commercial vehicles are parked on On-Street
parking areas.
IV. The Bidder shall provide parking system that is accommodative to the needs of differently-
abled people.
V. The solution provided by Bidder shall include end devices for parking management and
revenue collection and alternate fall-back mechanism for ensuring smooth working of
Smart Parking initiative.
VI. Bidder shall be responsible for all civil and installation work related to last mile
connectivity, power supply extensions to devices, installing devices and equipment, and
any other networking, communication, and infrastructure requirements related to Smart
Parking.
The overall functional requirements for the Smart Parking Solution are as follows:
System shall be equipped to track, monitor and manage On-street & Off-street Parking
locations.
a) The Bidder shall carryout surface preparation, asphalting, demarcation of slots and
painting in parking areas.
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b) The Bidder shall ensure that all parking slots are individually and clearly marked.
Such individual markings shall have a one-to-one mapping for four-wheelers on On-street
parking areas.
d) System shall have the capability to uniquely identify each vehicle entering any of the
parking lots. Bidder may propose barcoded tickets, magnetic strip cards, RFID cards, Smart
Cards, QR Coded entry or any other technology as deemed fit by the Private operator.
f) The entire database generated through the implementation will be synched with
GMDA as back up. The bidder will specify backup/sync requirements.
g) Shall ensure availability of real time parking information by Mobile PoS (MPOS) in
on-street parking, entry and exit sensors & MPoS in off-street parking lot.
h) Shall allow Gurugram residents and visitors to access the Parking Guidance System
via GMDA Mobile App and Online Portal through API or appropriate integration
mechanism.
i) Shall provide an application for greater visibility into parking related details
through analytics, such as usage and vacancy periods, premium parking demand, etc. for
making informed decisions.
4.1.7 Shall include provisions for the following types of parking reservations:
CategoryA -Walk-in Parking: This category includes motorists who enter a parking lot without any
prior booking. This category of motorists may be provided a QR Coded ticket through Ticket
Dispenser, or any other advanced technology as deemed fit by Private operator.
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Category B - On-Spot Online Booking: This includes the motorist reserving a parking spot on
reaching the parking lot (if available) through the mobile app/portal. This category of motorists may
be identified through a Unique Booking Number (UBN) or a Quick Response (QR) Code, or any other
advanced technology as deemed fit by Private operator.
Category C - Online reservation for Pre-booking a Spot: Any motorist shall be allowed to book a
parking spot in any of the parking lots through City Connect Mobile App and Online Portal. The user
shall be charged for pre-booking a spot. If the motorist does not show up for 15 minutes after the
elapse of the pre-booked time slot, the reservation shall be terminated and the slot shall be reassigned.
This category of motorists may be identified through a Unique Booking Number/ Quick Response
(QR) Code, or any other technology as deemed fit by Private operator. No penalty shall be applicable
in case of cancellation.
Category D - Pass-based Parking (Monthly, quarterly, yearly, etc.): There shall be a provision for
users to buy monthly, quarterly or yearly passes for hassle-free experience. This category of motorists
may be identified through a Unique Booking Number, or an NFC enabled Smart Card, or QR Code or
any other advanced technology as deemed fit by Private operator.
Category E - Premium Paid Parking: Premium shall be charged for users who wish to book a slot
located at a convenient position in the parking lot, for e.g., by the entrance of a parking lot or next to
a corporate office entrance. Additionally, premium shall be charged for corporate offices that wish to
book slots in advance for their employees. This category of motorists may be identified through a
Unique Booking Number, QR Code, NFC enabled Smart Card, or any other advanced technology as
deemed fit by Private operator.
Category F - Night Parking: Motorists shall be allowed to avail night parking services for their
vehicles at designated parking lots.
Please note, the various categories of reservations as described above will be reviewed, amended
or deleted and subsequently formalized by way of documentation of a formal Parking Policy for
Gurugram. The policy will define the duration and applicable fee/rates for parking as per category.
5) The Bidder shall comply with all applicable laws, including labor laws, at any point of time throughout
the contract period.
6) For the purpose of pre-qualification only the qualification of the Bidder shall be considered.
7) Only those tenderers who meet the eligibility criteria shall qualify for Technical Evaluation. Tenders of
firms who do not meet these criteria shall be rejected.
GMDA will set Parking Fee Rates, including the determination of Monthly Parking Pass
Charges for all type of vehicles. The Parking Base Price for cars will be Rupees Twenty only
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(Rs 20/-) for first 2 hours. The Parking Base Price for two wheelers will be Rupees Ten only (Rs
10/-) for first 2 hours.
Also, VIPs as defined by GMDA/Traffic Police will be exempted from paying parking fee.
GMDA will set Fine Rates for non-payment of Parking Fees of at least twice the applicable
Parking Base Price (PBP).
PBP is the Parking Base Price for the respective vehicle type.
All fee fine payments collected in Smart Parking’s shall be shared between GMDA and
the Bidder in the ratio of 50:50 respectively. The 50% (fifty percent) share received by the
Bidder from fines shall form part of the parking overall revenue and shall be shared with
GMDA.
Implementation Stage
Implementation Stage
a) Parking charges are to be collected by the Bidder by using any mechanism from the date of
handing over of the parking spaces by GMDA to the Bidder on as-is-where-is-basis.
b) Within six months from the date of handing over of all parking spaces, complete smart
parking solution is to be implemented, operationalized as per scope defined in this RFP document.
b) The Bidder shall operate, maintain manage the complete Smart Parking System as
designed and built under this RFP document, throughout the Agreement period in accordance
with this RFP document.
The Bidder shall be responsible for all the costs associated with the preparation of its
Proposal its participation in the bidding process, including all types of due diligence in the
process. GMDA will not in any way be responsible or liable for such costs, regardless of
the conduct or outcome of bidding.
GMDA
a) The Bidder shall construct/install Smart Parking System only on the earmarked spaces
provided by GMDA. Any violation shall result in immediate cancellation of the contract without
any prior notice.
b) Minimum space required for installation of items for smart parking services will be
provided by GMDA. However, all Civil/Electrical work required will be the responsibility of the
Bidder.
c) At the end of the Agreement period, all rights given to the Bidder shall be terminated
automatically.
d) GMDA shall provide single window clearance, where GMDA has full control jurisdiction, to
the Concessionaire for the purpose of this RFP document.
e) Areas for no parking, towing are to be defined by GMDA in consultation with Traffic Police
department.
f) Parking yard for towed vehicles shall be provided by GMDA. However, the same shall be
managed by the Private operator.
Bidder
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The Bidder role, responsibilities obligations relating to the Project are provided herein
below:
a) Design, develop, provide, install, manage, operate maintain the smart parking system as
defined in this RFP, as per the Service Level Agreement (SLA) throughout the Agreement period.
Penalty will be imposed as per SLA in the Penalty Clause of this RFP document for non-adherence of
the terms and conditions of the RFP.
b) Operate, maintain manage all hardware, software services covered in this RFP document
throughout the Agreement Period.
c) The Bidder shall provide connectivity (electrical, network, etc.) within the parking area to all
devices / equipment, such as LED signage including variable massages sign boards, sensors, boom
barriers, entry / exit systems, handheld device (fall back device), manual pay station, built / installed
under this RFP document, running, maintenance, operation & management cost of these devices
/equipment throughout the Agreement Period.
d) The Bidder will be responsible for all civil installation work related to network connectivity,
power supply extensions to devices, installation of devices equipment, any other networking,
communication, infrastructure requirements related to any work under this RFP document.
e) Record and maintain the assets/services created in this project. The Bidder has to replace
the material(s) / equipment(s) /device(s) in case of any theft or loss due to any other reasons, which
affects the services/assets under this project.
f) Bidder shall arrange network connectivity at each of the parking lot to make parking related
data available on real-time basis.
g) Erect suitable steel structures at its own cost for installation of signage for parking guidance
management system. These structures/poles shall be stainless steel, aesthetically designed
structurally stable as per GMDA specifications. The Bidder shall also indemnify GMDA for any damage
due to such structures.
h) May erect street light poles, with prior permission from GMDA, for installation of
repeaters/Gateways, switches/routers as necessary for the purpose of this project.
i) Engage adequate battery back up to ensure uninterrupted power supply to all hardware
(equipment, devices, etc.) covered under this RFP document.
j) All physical assets created under this RFP as per Bill of Materials (BoM), will be the property
of GMDA. The Bidder will not have any legal right on these assets.
k) At the end of the Agreement Period of O&M, the Bidder has to handover all physical assets
belonging to GMDA in proper working condition. In case of any deficiency noticed at the time of such
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handing over, the Bidder has to get it rectified at his own cost within 15 days of such handing-over,
otherwise, GMDA will get it rectified at the risk cost of the Private operator. Performance Security of
Bidder will be released only after successful handing over of all the physical assets in working condition
to GMDA.
m) The location of Parking spaces area given under this RFP document is based on preliminary
survey. Area location may change while preparing detailed design execution of this project. During
the Agreement Period, new parking spaces may be added by GMDA the Bidder has to cover such
spaces under the scope of this project with the agreed Parking Tariff.
n) For any complaint registered by users, provisions shall be made by the Bidder in Smart
Parking Mobile Application and on web portal for record and resolution. Dedicated number/Help
line number shall be provided to users for any complaints/suggestions/feedback with regard to
parking. The same shall be monitored by the Bidder. Responses shall be delivered to users within
48 hours. The Bidder shall provide a weekly report to the GMDA every Monday on the number of
complaints received during the previous week (Monday to Sunday), the number of replies
furnished by it to the complainants along with number of complaints on which no response has
been made.
o) The Bidder shall integrate the Parking Management System with the Integrated Command and
Control Centre (ICCC) of GMDA.
p) The Bidder shall take metered electricity for parking sensors, gateway, router/switches, LED
signage / displays, Parking guidance system all systems for on-street, off-street & underground
parking equipment, etc. The entire electricity charges shall be borne by Bidder only.
q) The Bidder shall integrate the Smart Parking Mobile Application, the web portal with the
GMDA App, with the GMDA Smart City ICCC.
r) At the time of completion of implementation period (i.e. six months from the date of hand
over of the parking spaces to the Bidder by GMDA), the Bidder shall inform the GMDA in writing
for the same along with a list of all the assets (details of equipment, software, services, etc.) deployed
during the implementation period under this RFP document. The Bidder shall update such assets list
on yearly basis throughout the Agreement Period.
s) Ensure that all the vehicles will be parked in the space defined for each vehicle in the
parking lot. The parking attendant will ensure proper parking of vehicles in each slot.
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t) The Bidder shall be responsible for any theft/damage/loss of vehicles parked in parking
lots and shall be responsible for settlement of the dispute, if any, including under the Court of Law,
also follow all instructions guidelines issued by Gurugram Police / statutory rules & regulations /
GMDA for prevention of misuse of parking lots, including usage by anti-social elements, terrorist(s)
, etc.
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6 M Adj to Food Market 100 57
7 N1 & N2 Road beside Green Park (2) 75+ 101= 176 43 + 40 = 83
Total 1447 745
Assumptions
SN Items Details
1 Outdoor Type Electromechanical Boom Two nos (1 each at Entry & Exit for four) (1
Barrie each at entry & exit for two wheelers)
83
9 UPS (5 KVA) One UPS required at every Parking Space for
providing power during power failure.
Electrical cabling from Electrical One Lot
Meter to all locations such as Parking
display board, Parking Gateway etc.
10 including cables, conduits and other
items, Surge protector, Earthing.
Structured CAT 6 LAN cabling work One Lot
(including Supply, installation and
Termination of CAT 6 cables, Cat 6
Patch Cords with RJ 45 Connectors at
11 both ends, PVC conduits / flexible
Pipes and accessories, RJ45
termination at IOT Box, ANPR
cameras, Boom Barrier & Lane
Controller etc.
10 Contingency Any other item not covered
11 Installation & Commissioning Lumpsum
12 Broadband / WiFi connectivity One per Parking Space
13 4G Prepaid Data SIM Cards Two nos for MPoS machine.
14 Electric connection One per Parking Space (Metered)
15 Manpower for Mtce & collection Four per Parking space
Assumptions
SN Items Details
1 VMS Server Existing servers in GMDA Data centre to be used.
2 VMS Software Existing VMS to be used.
3 IP SAN Storage Existing IP SAN Storage GMDA Data centre to
be used
4 Windows Server Existing servers in GMDA Data centre to be used.
5 PMS App Part of Bill of Quantity
6 PMS Admin Software Part of Bill of Quantity
7 Workstation Part of Bill of Quantity
84
4.2 Functional Requirement & Technical Specifications
85
Folded Max Boom Length 4 Meters
Boom Dimension 45*100 MM
Boom Weight 3 KG
Motor Torque 300 NM
Duty Cycle 100%
Voltage 220V -/+ 10%,
Power consumption 100 W
87
Image Settings -Time stamp, text overlay, flip & mirror;
Configurable brightness, contrast, saturation, sharpness, white
balance, exposure control,gain, backlight compensation, privacy
masks, scheduled profile settings; 3D noise reduction, DIS,
video rotation, snapshot focus, scene mode
Users -Live viewing for up to 10 Clients
Supported protocols IPv4/v6, HTTP, FTP, SMTP, UPnP,
TSP/RTP/RTCP, SNMPv3, RTSP, Samba, AAA, Qos, etc
Interface -10Base-T/100BaseTX Ethernet (RJ-45)
ONVIF -ONVIF Profile S, G and T
Intelligent Video -Video Motion Detection, Up to 3 zone,
tampering alarm
Alarm Triggers -Motion Detection, manual trigger, digital
input, periodical trigger, system boot, recording notification,
camera tampering detection, audio detection, MicroSD card life
expectancy
Alarm Events -Event notification using digital output, HTTP,
SMTP, FTP, and MicroSD card File upload via HTTP, SMTP,
FTP and MicroSD card RJ‐45 for Network PoE connection and
DC12V
IP Camera Connectors –
Alarm input ‐ 1 Alarm output ‐ 1
Audio input ‐ 1 Audio output ‐
Shutter Time-1/100 to 1/10,000 sec. Or Better
Capture Range-Up to 35 meters or better
Power Input AC 24V or DC24V or PoE
Housing-Weather-proof IP67-rated housing or better
Vandal-proof IK10-rated Housing
IRIS - P-IRIS
Operating Temperature- 0 °C to 60 °C
Regulatory compliance- UL60950 or latest UL Test Support to
be submitted without multi listing
ISO Certificates for OEM-The OEM should have ISO
9001:2008 and ISO 14001:2004 certificate
Accessories-The firm should provide necessary accessories like
camera mounting kit, patch cable etc. One memory card reader
should be supplied to each Police Station.
o One IP67 rated Metal junction box to be supplied with
each camera for protection of cables/Connectors.
o Should have lightning and surge protector
Warranty -3 years onsite warranty
88
The system should perform ANPR on all the vehicles passing the
site and send alert to the central command center on detection of
any Hot-listed vehicles (whose numbers have been marked as
Stolen, Wanted, etc. at the Central server).
With the detected number plate text, picture should also be sent
of hot listed vehicle. It is highly likely to misread similar
alphabets like 7/1/L or 8/B
The system should work 24 x 7 in both day and night conditions
with good accuracy for the duration of the project.
System should be able to detect and recognize the English alpha
numeric License plate standard fonts and formats, defined under
CMVR 1989.
The system should have ANPR/ OCR to address the Alpha
numerical character of irregular font sizes.
The system should capture standard vehicle’s number plates with
an accuracy of at least 90% at day time and at least with an
accuracy of 70% at night time. (On basis of number of vehicles).
The system should have an option for the user to enter Hot Listed
vehicles at the Central Server and the same should be sent to all
the sites automatically over the network.
Local processing unit should be industrial grade type. capable of
working up to 700
Alert Generation: The system should have option to input
certain license plates according to the hot listed categories like
“Wanted”, “Suspicious”, “Stolen”, etc.
Alert Generation: The system should be able to generate
automatic alarms to alert the control room personnel for further
action, in the event of detection of any vehicle falling in the Hot
listed categories.
Logs: The system shall enable easy and quick retrieval of
snapshots, video and other data for post incident analysis and
investigations.
Logs: The system should be able to generate suitable MIS reports
that will provide meaningful data to concerned authorities and
facilitate optimum utilization of resources. A) Report of vehicle
flow at each of the installed locations for Last Day, Last Week
and Last Month B) Report of vehicles in the detected categories
at each of the installed locations for Last Day, Last Week and
Last Month. C) Report of Vehicle Status change in different
Vehicle Categories.
Logs: The system shall have Search option to tune the reports
based on license plate number, date and time, site location as per
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the need of the authorities.
Logs: The system shall have option to save custom reports for
subsequent use. The system shall have option to export report
being viewed to common format for use outside of the ANPRS
or exporting into other systems.
General Requirements: The system should be able to
effectively read the reflective and non-reflective vehicle number
plates
91
• Dimensions: 25X75X7.5 (cm) (Per Hump) • Weight: 0.85(kg)
92
Parking management desktop application should be able to
update all assets and hardware information for a parking place.
Parking management desktop application should support error
reporting and diagnostics for all assets and hardware for a parking
place.
Parking management desktop and mobile application should
provide parking availability and occupancy.
Parking management desktop application should provide parking
fee collection reports.
The available parking slots can be viewed through parking mobile
application variable message sign boards.
Wirelessly connected variable sign boards should be available at
the point of interest in the approaching road displaying the
available slots.
Bidder should have hand held point of sale system for parking
ticketing.
The entire system should provide real time reports to the
concerned parties (Municipal Corporation and the contractor) of
the parking scenario.
All the data collected to be provided to the concerned parties in a
readable format on demand.
Nearest available parking lots are shown using maps and if public
decides to reserve it, reservation is done with payment done from
e-wallet or after physically going there in which case the parking
lot might or might not be available.
If parking slots are not available, the minimum waiting time for
getting an available parking slot should be displayed in parking
mobile application.
If parking slots are not available for parking place, the user is
allowed to enter the parking place and leave immediately through
exit. The time within which the user has to exit without getting
charged for his stay should be configurable. If the user takes more
time to exit than the allowed time, user should be charged.
The entry to off street parking place should be managed by
automatic boom barrier and parking ticket dispensing machine.
The vehicle number and image of the number plate should be
captured at the time of entry and exit of parking should be stored.
The parking management application should calculate the final
settlement amount based on the user privileges, dynamic pricing
and issue a receipt.
93
The parking management application at any location should be
able to function for a day even if it is not connected to the data
center.
The entire solution should function 2 hours with uninterrupted
power supply backup.
Web Application should run on browsers IE 11+, Chrome 45+,
Firefox 45+
Database open source of enterprise
Mobile application should run on iOS 9+, Android 5+
User should be able to advance book Parking lot in any parking
of his/her choice, 15 minutes (minimum) to 1 hours (max) from
the Check-In time.
Parking charges have to be paid at the time of booking.
APP should have feature of cancelling booking, 15 minutes prior
to check-in time.
Advance booking stands cancelled in case of No-Show after 30
minutes for the booked Check-In time.
50% of amount should be refunded back to user in case of no-
show and refund should be processed within 3-5 working days.
75% of amount should be refunded back to user in case user
cancels booking and refund should be processed within 3-5
working days.
100% of amount should be refunded back to user in case Parking
Operator cancels the booking and refund should be processed
within 3-5 working days.
94
v) Shall ensure availability of Mobile POS (MPOS) in on-street parking,
entry and exit sensors & MPOS in off-street parking lot.
vi) Shall allow Gurugram residents and visitors to access the Parking
Guidance System via GMDA Mobile App and Online Portal through
API or appropriate integration mechanism.
vii) Shall provide an application for greater visibility into parking related
details through AI analytics, such as usage and vacancy periods,
premium parking demand, etc. for making informed decisions.
viii) The solution shall be automated, reliable, cost effective, scalable,
secure, environment friendly, energy efficient and must entail minimum
human intervention for day-to-day parking management.
ix) For On-street parking shall have the ability to detect wrong parking,
overstay and other parking violations. System should have the capability
to reconcile parking events and duration with the actual collection.
x) Photographic proof with every parking ticket should be available
automatically for later audit.
xi) Multi-tenant PMS dashboard allowing operator and admin
functionality.
xii) ICCC integration of PMS
xiii) Integration with third party operator
xiv) Seamless integration with citizen and operator [mpos] mobile apps
xv) Works for both on-street and off-street deployment scenarios
xvi) Parking create and update parking location, block, slot and rate
information within the managed number of lots
xvii) PMS should have capability to monitor all hardware devices in the
deployment and display realtime hardware and software monitoring
xviii) Parking payment should be based on policies defined in the PMS
xix) Advanced booking policies controlled via PMS
xx) Parking analytics to predict future parking availability
xxi) Off-line mode event sync with PMS server during network outage.
Off-street:
xxii) ANPR detected LP should be automatically printed on the ticket
xxiii) Barrier should open only after issuance of ticket and car on top of boom.
xxiv) Option to automatically open barrier with season ticket holder on scan
of QR of recognition of license plate
xxv) mPOS should be able to operate using QR code, license plate and
booking ID. Search, swipe and scan should be supported by the mPOS
software
xxvi) Boom can be operated via software from mPOS over wifi/bluetooth
xxvii Boom operation status and count should be available at software
On-street:
xxviii) Bay monitoring of individual slot with virtual overlaid ROI [region of
interest]
xxix) mPOS ticketing should be linked parking events on the ground and
image capture against ticketing and invoicing.
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xxx) Best effort detection of license plate of the vehicle parked in on-street
xxxi) Detection on invalid parking and cross parking
xxxii) Pilferage reporting against actual collection.
4.2.11 Fast Tag System Integrated software with NETC & NPCI:
96
SN Minimum Specifications Compliance
(Yes/No)
13 Single Board Computer with 16GB class 10 SD card
• Wifi Router PCB with
• Opto drove Relay circuitry (11 relays - can be sugar cube) Opto Driven
Digital Isolated inputs (12) • Wifi Router Placement on the PCB
• Indicator LED with Pull up / down resistors (3 nos)
• Onboard AC input with output to drive to SMPS via a rocker switch
• Onboard provision to accept 12v and 5v dc from SMPS
• Onboard 9v regulator for the reader's power
• Input and output terminals are using RMC connector
• Power Inputs and outputs are with terminal blocks with a pitch of 5mm
4.2.17 Handheld Fastag RFID Reader with Fastag App POS FasTag:
99
Power Li-ion, rechargeable, 8000 mAh Standby: over 500 hours
Continuous use: over 12 hours (depending on user environment)
Charging time: 3-4 hours (with standard adaptor and USB cable) •
Expansion Slot 1 slot for SIM card, 1 slot for SIM or TF card
Interfaces USB 2.0 Type-C, OTG, Type-C headphones supported
• Audio Speaker, 2 microphones • Keypad 4 front keys, 1 power
key, 2 scan keys, 1 multifunctional key
User Environment Operating Temp. 0 o C to 50 o C
Storage Temp. 0 o C to 70 o C
Humidity 5% RH - 95% RH non condensing
Drop Specification Multiple 1.5 m / 4.9 ft. drops (at least 20 times)
to the concrete across the operating temperature range
Tumble Specification 1000 x 0.5 m / 1.64 ft. falls at room
temperature
Sealing IP65 per IEC sealing specifications
ESD ±15 KV air discharge, ±6 KV conductive discharge
Camera 13 MP Autofocus with flas
Frequency 865-868 MHz / 920-925 MHz / 902-928 MHz
Protocol EPC C1 GEN2 / ISO18000-6C
Antenna Circular polarization (4dBi), linear polarization(1.8dBi)
Power 1 W (30 dBm, +5 dBm to +30 dBm adjustable) 2 W
R/W range Up to 15 m (circular polarization, open outdoors,
Impinj MR6 tag); up to 7 m (linear polarization, open outdoors)
Fastest Read Rate 900+ tags/sec (circular polarization)• Barcode
Scanning (Optional)
NFC Frequency 13.56 MHz Protocol ISO14443A/B, ISO15693,
NFC-IP1, NFC-IP2, etc. Chips M1 card (S50, S70), CPU card,
NFC tags, etc. Range 2-4 cm
100
ADDITIONAL CONDITIONS FOR EQUIPMENT PROVIDED
2. The technology of system must be latest but not for earlier than that two years from date of
tender to this effect must be given by the original manufactures.
3. Bidder will ensure that the equipment supplied under this contract are vermin proof and
defects arising due to rendering any insect or reptile etc. will be made good by the Bidder.
4. The contractor will be on turn key basis. Any essential spare piece / part of equipment, not
mentioned in NIT/ tender, to complete the job will include in the rates and no extra payment will
be made for such item/ items which are required for installation, commissioning, testing or to make
the system operational i.e. make the job complete in al respect.
5. Life of System: - The system is deemed to have life span of 10 years. Under no
circumstances the system will be declared obsolete during above 10 years period by the firm/
manufacture.
6. GUARANTEE-The contractor shall guarantee that the material and workmanship of the
apparatus installed by him under these specifications are new and first class in every respect and
for that he will make good any defect for the period of minimum 12 months guarantee period offer
by the manufacturer firm of apparatusfrom the date of completion of 30 days trouble free operation.
7. Inspection: - If required the equipment / material shall be got inspected by firm from
Engineer-in-Charge or his representative in token of approval of material before the same is
transported to the site work. Manufacture test certificate should be given by the Contractor for
system and instruments.
8. After completion of work the Fire Alarm System shall be got checked / inspected from the
101
concerned Fire Officer and his satisfactory inspection report shall be supplied to the department
and the charges to this effect shall be borne by the firm.
10. After final completion of system, the same will be inspected by the Engineer/ Technical
person of manufacturer to ensure that installation is technically correct. Necessary certificate to
this effect shall also be submitted duly signed by the competent person.
11. The contractor/firm shall have to supply manufacturer’s test certificate of various
equipment.
12. FREE MAINTENANCE - After 30 days trouble free operation, mtc. service for the
system shall be provided free for a period of 12 months. The mtc. service shall include at least
monthly examination of installation during regular working hours by trained staff and shall include
all necessary adjustment, overhauling, cleaning, rectification of defects including replacement of
defective parts with genuine standard parts only as required to keep the equipment in proper
operation.
13. There shall not be delay of more than 24 hours in attending to minor break- down/defect
and 48 hours for the major breakdown / defect reported in station.
14. In case the firm does not adhere to the schedule of monthly examination and attending of
complaints as mentioned above, the same shall be got done and attended to at the risk and cost of
firm and amount the expenditure incurred will be recovered from the firm from his pending dues
/ security deposit.
15. Contractor will provide copy of original bill of all items from OEM/ authorized distributor
to ascertain backup warranty from OEM on later stage.
102
SPECIAL CONDITIONS FOR COMPREHENSIVE MAINTENANCE CONTRACT &
REVENUE COLLECTION
After completion of the installation the firm shall get the installations inspected from authorized
person deputed by department and prepare as built drawings with complete detail of installations
along with inventory of equipment with their make Sr. No. model size etc. The firm shall also
obtain a certificate of OEM of the equipment installed for proper installation and backup guarantee
by OEM of major items.
The firm after successful completion of the work, shall stand guarantee for all material, equipment
and installation for one year from date of completion. This will include repair, replacement and all
labour of all installation including consumable items if any. This will be treated as free
maintenance period. The firm will hand over the system as per para above before completion of
Defect Liability period / free maintenance period free maintenance period / Defect Liability of
period will be considered as extended till hand over the system. The decision for allotment of
maintenance work will be on the discretion of client department. The decision for allotment of
operation and maintenance work will be allotted on the discretion of client department.
After completion of free maintenance period of one year from the date of completion as above,
the firm will be bound to carry out paid comprehensive maintenance i.e. repair and replacement
of all installations including consumable items etc. and operation of system for next Four year
for which the firm will be paid as quoted:
B. Revenue Collection:
All revenues generated from Parking shall be accounted for and tracked. It shall be collected
online to the maximum extent through GMDA mobile APP or alternatively through Attendant
based Mobile PoS to start with till citizens become fully conversant of cashless and attendant
less transactions. The Bidder shall ensure validity and accuracy of occupancy data and
revenue through multiple sources i.e. sensors, Mobile PoS etc. The Bidder shall undertake
promotions, marketing to ensure 80% of cashless transactions immediately after the start of
operations. The said data is subject to audit by GMDA.
a) The Bidder shall pay all duties and GST in consequence of its obligations under this
Agreement, the Parking Revenue shall not be adjusted for such costs. Any changes in other
taxes as applicable shall be added on pro-rata basis on the applicable tariff for all categories
rounded off to the nearest rupee.
b) The Bidder shall be paid Revenue share by GMDA on monthly basis by the 10th day of
the subsequent month throughout the Agreement Period, along with necessary detailed reports
and proof for submission of taxes duties, as applicable.
103
NOTE: -
The contractor would submit an affidavit in the technical bid that he shall undertake to carry
comprehensive maintenance as brought out in the DNIT. In case of failure to do so, the department
is at liberty to take any due action including proceeding under criminal negligence against the firm
/ contractor.
Payment of this maintenance will be done on quarterly basis. After deducting the statutory taxes.
Other terms and conditions of comprehensive maintenance contract have been as depicted under
heading addition condition for free maintenance period and annual maintenance contract of this
DNIT.
IMPORTANT: -
After completion testing and commissioning the installations will be handed over to the authorized
authority of GMDA. The contract for operation and comprehensive maintenance contract on the
rates terms and conditions for the period as per this DNIT / Agreement will be done with the firm
by authorized authority of GMDA. The firm will be bound to carry out the comprehensive
maintenance and operation contract accordingly for which necessary payments etc. will be done
by GMDA
104
GURUGRAM METROPOLITAN DEVELOPMENT AUTHORITY
DRAWINGS
105
106
Typical Parking Plan for 12 M wide Road
107
Typical parking Plan for 18 M wide Road
108
Typical parking Plan for 24 M wide Road
109
Section 6
Bill of Quantities
Preamble
1. The Bill of quantities shall be read in conjunction with the instructions to Bidders,
Conditions of contract, Technical Specifications and Drawings.
2. The quantities given in the Bill of Quantities are estimated and provisional, and are
given to provide a common basis for bidding. The basis of payment will be the actual
quantities of work ordered and carried out, as measured by the contractor and verified by the
Engineer and valued at the rates and prices tendered in the priced Bill of Quantities, where
applicable, and otherwise at such rates as the Engineer may fix within the terms of the Contract.
3. The rates and prices tendered in the priced Bill of Quantities shall, except in so far as it is
otherwise provided under the Contract, include all constructional plant, labour, supervision,
materials, erection, maintenance, insurance, profit, taxes and duties, together with all general
risks, liabilities and obligations set out or implied in the Contract.
5. A rate or price shall be entered against each item in the Bill of Quantities, whether the
quantities are stated or not. The cost of Items against which the contractor has failed to enter a
rate or price shall be deemed to be covered by other rates and prices entered in the Bill of
Quantities.
6. The whole cost of complying with the provisions of the Contract shall be included in the
items provided in the priced Bill of Quantities, and where no Items are provided the cost shall be
deemed to be distributed among the rates and prices entered for the related Items of work.
7. General directions and descriptions of work and materials are not necessarily repeated
or summarized in the Bill of Quantities. References to the relevant sections of the contract
documentation shall be made before entering rates or prices against each item in the Bill of
Quantities.
8. Errors will be corrected by the Employer for any arithmetic errors pursuant to clause
29 of the Instructions to Bidders.
9. Any items of work not provided in the contract schedule of rates if required to be executed
will be paid by the Engineer based on market rates of that time after getting approval from the
competent authority and will be binding upon the contractor.
10. The work will be carried out strictly in accordance with the Technical specifications and
that will form part and parcel of this contract agreement.
110
11. Quantities given in the BOQ may vary at the time of execution of works done at site by the
contractor.
12. Unless otherwise specified all material, machinery and labour input are to be arrange by
the contractor.
13. No conditional offer should be made. In case any conditions are tendered, this will be
considered as null and void and only the premium or discount quoted by the Bidder small be
accepted. In case any tendered refused to accept the above afterwards, his earnest money will be
forfeited or the action as per conditions of Bid Security Declaration Form shall be taken.
14. Rate quoted by the contractor for each N.S. item shall be for complete job including all
taxes, carriage etc. Nothing extra on any account shall be paid.
15. The payment will be made according to the actual work done by the contractor.
111
BILL OF QUANTITIES
112
19 PMS-AI Analytics 1 Nos
20 Third Party Customization 1 Nos
Fast Tag System Integrated software
with NETC & NPCI (National
21 Payments Corporation of India) 1 Nos
FASTAG Enabled READER for four-
22 wheeler 2 Nos
Single Board Computer with 16GB
23 class 10 SD card Wi-Fi Router PCB 2 Nos
Status LED display Alpha numeric 4x4
p10 module Parking availability display
board along with enclosure, pole and
mounting accessories etc. and
24 integration. 1 Nos
25 Poles(5m) 1 Nos
MPoS Manned Point of Sales at exit of
26 each parking 1 Nos
27 Hand held PoS Device with PoS app 1 Nos
Handheld Fastag RFID Reader with
28 Fastag App PoS FasTag 1 Nos
29 8 Port Network Switch 3 Nos
UPS 3 KVA with 2 Hour Backup in
30 outdoor rack 1 Nos
B Cable and Conduit
Supply, Installation, Testing,
Commissioning of - CAT6 Twisted Pair
31 A Cable 610 RM
32 Polycab- 3 core 1.5 Sqmm Power cable- 500 RM
BEC/AKG- 25 mm MS Conduit with
1000 mm fastener each 2.5 Mtr to hold
33 the PGS sensor 50 RM
34 ISI Mark- 25 mm MPVC Conduit 500 RM
35 ISI Mark- 32 mm HDPE Conduit 200 RM
CI Others (For 1 Off street sites)
36 Installation & Commissioning 1 Site
37 Electrical works 1 Site
38 Networking 1 Site
39 Civil Work 1 Site
113
On Street Parking
114
AMC for 5th Year 1 Year Lot
Manpower Supply:
The above rates shall be applicable over the entire contract period of 7 Years.
Note:
1. Cost for day to day Maintenance of Smart Parking system as per SLA is covered under Payment
Schedule.
2. The operation positions at Parking Locations, ICCC shall be manned by Trained Manpower.
However, the technical support/supervision of proper operations shall be responsibility of Contract
Agency.
3. Manmonth is one official for 30 days (not counting holidays/rests). The HoER shall be contractor’s
responsibility.
4. Adequate field maintenance teams for preventive & breakdown maintenance along with required
vehicles, instrumentations, tools & tackles etc. shall be clearly indicated by contractor. GMDA
shall evaluate the adequacy, & deficiency shall be supplemented by contractor.
5. The integration with ICCC shall be done by the bidder. GMDA expects this to be monitored by
manpower engaged by the bidder for AMC & Level 2 support.
6. QTY can changed as per site requirement.
7. Delivery: Between 6-8 weeks on receipt of order.
8. Payment Terms: - As per Bid document.
9. Taxes/other Levies: All duties, taxes, royalties and other levies payable by the Contractor
under the Contract, or for any other cause, shall be included in the rates, prices, and total
Bid price submitted by the Bidder online.
10. Prequalification & OEM Qualification- As per bid document.
115
11. Installation, Testing and Commissioning: within 5-6 weeks from date of delivery &
clearance of work front.
12. Warranty: 12 Month from the date of delivery on manufacturing defects subsequently shall
be covered under AMC.
13. Validity: Validity of offer shall be 120 days and price shall be firm.
Notes: -
1. For item rate tenders, the bidder shall fill in item rate at its appropriate place in figures.
Items for which no rate or price is entered by the bidder will not be paid for by the employer and
considered as nil (Refer: ITB Clause 13.2).
2. Unit rates and prices shall be quoted by the bidder in Indian Rupees (Refer: ITB Clause 14.1)
3. Rate quoted by the contractor for each N.S. item shall be for complete job including all
taxes, carriage etc. Nothing extra on any account shall be paid.
116
Section 7
117
A) Letter of Acceptance
LETTER OF ACCEPTANCE
(Letterhead paper of the Employer)
No._________ Dated____________
To
Dear Sirs,
This is to notify you that your Bid dated for execution of the
__________(name of the contract and identification number as given in the contract data) for
the contract Price of Rupees_________amount in words and figures), as corrected and modified
You are hereby requested to furnish Performance Security, (and additional security
for unbalanced bids in terms of ITB Clause 29.3) [where applicable] in the form detailed in Clause
34.1 of ITB for an amount equivalent to Rs. within 15 days of the receipt of this letter of
acceptance valid up to 28 days from the date of expiry of Defect Liability-cum-Maintenance
Period i.e. up to_____________and sign the contract, failing which action as stated in Clause
34.3 of ITB will be taken.
Yours faithfully,
Authorized Signature
Name and title of Signatory
Name of Employer
for and on behalf of Chief Executive Officer, GMDA
118
B) Issue of Notice to Proceed with the Work
No._____________ Dated___________
To
——————————————
——————————————
Dear Sirs:
Yours faithfully,
119
C) Standard Form of Agreement
[name and address of Contractor] (hereinafter called “the Contractor” of the other part).
1. In this Agreement, words and expressions shall have the same meanings as are respectively
assigned to them in the Conditions of Contract hereinafter referred to, and they shall be deemed to
form and be read and construed as part of this Agreement.
2. In consideration of the payments to be made by the Employer to the Contractor as
hereinafter mentioned, the Contractor hereby covenants with the Employer to execute and
complete the Works and remedy any defects therein in conformity in all aspects withthe provisions
of the Contract.
3. The Employer hereby covenants to pay the Contractor in consideration of the execution
and completion of the Works and remedying the defects within the Contract Price or such other
sum as may become payable under the provisions of the Contract at the times and in the manner
prescribed by the Contract.
4. The following documents shall be deemed to form and be read and construed as part of this
Agreement, viz:
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i) Letter of Acceptance;
ii) Notice to Proceed with the works;
iii) Contractor’s Bid;
iv) Contract Data;
v) Special Conditions of Contract and General Conditions of Contract;
vi) Specifications;
vii) Drawings;
viii) Bill of Quantities; and
ix) Any other document listed in the Contract Data as forming part of the Contract.
In witness whereof, the parties thereto have caused this Agreement to be executed the
day and year first before written.
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D) Form of Unconditional Bank Guarantee from Contractor for Earnest Money,Earnest
Money Declaration and Performance Bank Guarantee
SEALED with the common seal of the said Bank this day of
,20
a. If after Bid opening the Bidder withdraws his bid during the period of Bid validity
specified in the from of tender.
OR
b. If the Bidder having been notified to the acceptance of his bid by the Employer
during the period of Bid validity:
We undertake to pay to the employer up to the above amount upon receipt of his first written
demand, without the Employer having to substantiate his demand, provided that in his demand
the Employer will note that the amount claimed by him is due to him owing to the occurrence
of one or any of the three conditions, specifying the occurred condition or conditions.
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** days after the deadline for submission of Bids or as such deadline as
is stated in the Instructions to Bidders or as it may be extended by the Employer, notice of which
extension(s) to the Bank is hereby waived. Any demand in respect of this guarantee should reach
the Bank not later than the above date.
DATE SIGNATURE
WITNESS SEAL
* The Bidder should insert the amount of the guarantee in words and figures denominated in
Indian Rupees. This figure should be the same as shown in Clause 16.1 of the Instructions to
Bidders.
** 45 days after the end of the validity period of the Bid. Date should be inserted by the employer
before the Bidding documents are issued.
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Earnest Money Declaration Form
(in case of bidder is registered as contractor with Haryana Government)
(This should be on a non-judicial stamp paper of Rs.10/- and shall be attested by Magistrate/Sub-
Judge/ Notary Public)
1. I hereby submit a declaration that the bid submitted by the undersigned, on behalf of the
bidder, (name of the Bidder), shall not be withdrawn or modified during the periodof validity i.e.
not less than 120 (one hundred twenty) days from the bid due date.
2. I, on behalf of the bidder, (Name of Bidder), also accept the fact that in case the bid is
withdrawn or modified during the period of its validity or if we fail to sign the contract in case the
work is awarded to us or we fail to submit a performance security before the deadline defined in
clause 34.1 of the tender document, then (Name of Bidder) will be debarred for participation in
the tendering process in any of the Department/Boards/Corporations etc. of the Government of
Haryana for a period of Two year from the bid due date of this work.
(Official Seal)
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PERFORMANCE BANK GUARANTEE
To
[name of Employer]
[address of Employer]
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This guarantee shall be valid until 28 days from the expiry of the DefectLiability-cum-
Maintenance Period.
Signature and Seal of the guarantor
Name of Bank
Address
Date
* An amount shall be inserted by the Guarantor, representing the percentage the Contract
Price specified in the Contract including additional security for unbalanced Bids, if any and
denominated in Indian Rupees.
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E) Format for Equipment/Machinery Lease Agreement
_______________________________________________________
_______________________________________________________
_______________________________________________________
2. ___________________________________ LEASE TERM: The Lessee will start on dated
___________________ (begin date) and will end on dated (end date).
3. LEASE PAYMENT: Lessee agrees to pay lessor as rent for the equipment/ machinery
the amount of Rs._________ (“RENT”) each month in advance on the first day of each month
at __________ _ _ _ _ _ _ _ _ __________
(Address for rent payment) or at any other address designated by Lessor.
4. ____________________________________________________________________ LATE
PAYMENT: _____________________________________________________________ If any
amount under this agreement is more than ____________________________________ days
late, lessee agree to pay a late fees of Rs _______________ per day.
5. ______________________________________________________________________ SE
CURITY DEPOSIT: Prior to taking possession of the Equipment/ machinery, Lessee shall
deposit with Lessor in trust, a security deposit of Rs. ___________________________ as
security for the performance by Lessee of the terms under this agreement and for any damages
caused by Lessee or Lessee’s agents to the equipment/ machinery during the lease term. Lessor
may use part or all of security deposit to repair any damage to Equipment/ machinery caused by
Lessee or Lessee’s agents. However, lessor is not just limited to security deposit amount and
lessee remains liable for any balance. Lessee shall not use or apply any such security at any
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time in lieu of payment of rent. If lessee breaches any terms or conditions of this Agreement,
Lessee shall forfeit any deposit, as permitted by law.
6. DELIVERY: Lessee shall not be responsible for all expenses and costs i) at the beginning
of the Lease Term, of transporting the equipment/ machinery Lessee’s premises and ii) at the end
of the Lease Term, of transporting the equipment/ machinery back to Lessor’s premises.
8. USE OF EQUIPMENT/ MACHINERY: Lessee shall only use the equipment/ machinery
in a careful and proper manner and will comply with all laws, rules, ordinances, statues and orders
regarding the use, maintenance of storage of the equipment/ machinery.
10. MAINTENANCE, DAMAGE AND LOSS:- Lessee will, at Lessee’s sole expense, keep
and maintain the equipment/ machinery clean and in good working order and repair during the
Lessee Term. In the event the equipment/ machinery is lost or damaged beyond repair, Lessee
shall pay to Lessor the replacement cost of equipment/ machinery, in addition, the obligations
of this Agreement shall continue in full force and effect through the Lease term.
12. OWNERSHIP: The equipment/ machinery is and shall remain the exclusive property of
Lessor.
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13. BINDING EFFECT: The covenants and conditions contained in the Agreements shall
apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns
of the Parties.
14. GOVERNING LAW: This agreement shall be governed and constructed in accordance
with the Laws of State of Haryana.
15. NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be
in writing and mailed certified return receipt requested, postage prepaid, or delivered by courier
or speed post to Lessor/ Lessee
Either party may change such address from time to time by providing notice as set for the above.
In witness whereof, the parties have caused this Agreement to be executed the dayand year
first above written.
LESSOR
LESSEE
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F) Format For Joint Venture Memorandum of Understanding/Agreement (wherever
applicable)
WHEREAS the parties herein above mentioned are desirous of entering into a Joint Venture
for carrying on Engineering and/or contract works, in connection with
and other works mentioned in Tender Notice No.
Dated of PWD B&R Departmentor
any other work or works, as mutually decided between the parties to this Joint Venture.
WHEREAS all the parties are desirous of recording the terms and conditions of thisJoint Venture
to avoid future disputes.
1. That in and under this Joint Venture agreement the work will be done jointly by the First
Party and Second Party in the name and style of M/s ___________M/s and M/s.
).
2. This all the parties shall be legally liable, severally and or jointly responsible for the
satisfactory/successful execution/completion of the work in all respects and in accordance with
terms and conditions of the contract.
3. That the role of each constituent of the said Joint Venture in details shall be as under:-
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4. The share of profit and loss of each constituent of the said Joint venture shall be as under:-
5. That all the parties of this Joint Venture shall depute their experienced staff as committed
commensuration with their role and responsibility and as required for the successful completion
of the works in close consultation with each other.
6. That the investment required for the works under this Joint Venture shall be brought in by
the parties as agreed to between them from time to time.
7. That all the Bank guarantee shall be furnished jointly by the parties in the name of Joint
Venture.
8. That the party number to thisJoint Venture shall be the prime (lead) contractor and
will be responsible for timely completion of work and to coordinate with the Department to receive
payments and also to make all correspondence on behalf of this Consortium/Joint Venture.
9. That all the above noted parties i.e. not to make any change in the agreement
without prior written consent of the competent authority of the department.
NOW THE PARTIES HAVE JOINED HANDS TO FORM THIS JOINT VENTURE ON THIS
_____ DAY OF __ TWO THOUSAND WITH REFERENCE TO AND
IN CONFIRMATION OF THEIR DISCUSSIONS AND UNDERSTANDING BROUGHT ON
RECORD ON ___ .
IN WITNESS THEREOF ALL/BOTH THE ABOVE NAMED PARTIES HAVE SET THEIR
RESPECTIVE HANDS ON THIS JOINT VENTURE AGREEMENT ON THE DAY, MONTH
AND YEAR FIRST ABOVE MENTIONED IN THE PRESENCE OF THE FOLLOWING
WITNESS;
WITNESSES:
1. FIRST PARTY
2. SECOND PARTY
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G) Bank Guarantee for Advance Payment
Gentlemen:
In accordance with the provisions of the Conditions of Contract, sub-clause 51.1 (“Advance
Payment”) of the above-mentioned Contract,___________[name and address of Contractor]
(hereinafter called “the Contractor”) shall deposit with [name of Employer] a
bank guarantee to guarantee his proper and faithful performance under the said Clause of the
Contract in an amount of [amount of Guarantee] *
[in words].
We further agree that no change or addition to or other modification of terms of the Contractor or
Works to be performed thereunder or of any of the Contract documents which may be made
between [name of Employer] and the Contractor,
shall in any way release us from any liability under this guarantee, and we hereby waive notice of
any such change, addition or modification.
This guarantee shall remain valid and in full effect from the date of the advance payment under
the Contract until [name of Employer]
receives full repayment of the same amount from the Contractor.
Yours truly,
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H) Indenture For Secured Advances
AND WHEREAS the contractor has applied to the Employer that he may be allowed advanced
on the security of materials absolutely belonging to him and brought by him to the site of the
works the subject of the said agreement for use in the constructions of such of the works as he
has undertaken to executive at rates fixed for the finished work (inclusive of the cost of materials
and labour and other charges).
AND WHEREAS the Employer has agreed to advance to the Contractor the sum of
Rupees_________________________________________on the security of
materials the quantities and other particulars of which are detailed in Accounts of Secured
Advances attached to the Running Account bill for the said works signed by the Contractor on
and the Employer has reserved to himself the option of making any further
advance or advances on the security of other materials brought by the Contractor to the site of
the said works.
Now THIS INDENTURE WITNESSETH that in pursuance of the said agreement and in
consideration of the sum of Rupees on or before the execution of
these presents paid to the Contractor by the Employer (the receipt where of the Contractor doth
hereby acknowledge) and of such further advances (if any) as may be made to him as a for said
the Contractor doth hereby covenant and agree with the President and declare as follows:
(1) That the said sum of Rupees so advanced by theEmployer to the Contractor as
aforesaid and all or any further sum of sums advanced as aforesaid shall be employed by the
Contractor in or towards expending the execution of the said works and for no other purpose
whatsoever.
(2) That the materials details in the said Account of Secured Advances which have been
offered to an accepted by the Employer as security are absolutely the Contractor’s own propriety
and free from encumbrances of any kind and the contractor will not make any application for or
receive a further advance on the security of materials which are not absolutely his own property
and free from encumbrances of any kind and the Contractor indemnified the Employer against
all claims to any materials in respect of which an advance has be made to him as aforesaid.
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(3) That the materials detailed in the said account of Secured Advances and all other
materials on the security of which any further advance or advances may hereafter be made as
aforesaid (hereafter called the said materials) shall be used by the Contractor solely in the
execution of the said works in accordance with the directions of the ‘Engineer’.
(4) That the Contractor shall make at his own cost all necessary and adequate arrangements
for the proper watch, safe custody and protection against all risks of the said materials and that
until used in construction as aforesaid the said materials shall remain at the site of the said works
in the Contractor’s custody and on his own responsibility and shall at all times be open to
inspection by the ‘Engineer’ or any officer authorized by him. In the event of the said materials
or any part thereof being stolen, destroyed or damaged or becoming deteriorated in a greater
degree than is due to reasonable use and wear thereof the Contractor will forthwith replace the
same with other materials of like quality or repair and make good the same required by the
‘Engineer’.
(5) That the said materials shall not be any account be removed from the site of the said
works except with the written permission of the ‘Engineer’ or an officer authorized by him on
that behalf.
(6) That the advances shall be repayable in full when or before the Contractor receives
payment from the Employer of the price payable to him for the said works under the terms and
provisions of the said agreement. Provided that if any intermediate payments are made to the
Contractor on account of work done than on the occasion of each such payment the Employer
will be at liberty to make a recovery from the Contractor’s bill for such payment by deducting
there from the value of the said materials than actually used in the construction and in respect
of which recovery has not been made previously, the value for this purpose being determined in
respect of each description of materials at the rates at which the amounts of the advances made
under these presents were calculated.
(7) That if the Contractor shall at any time make any default in the performance or
observance in any respect of any of the terms and provisions of the said agreement or of these
presents the total amount of the advance or advances that may still beowing of the Employer
shall immediately on the happening of such default be re- payable by the Contractor to be the
Employer together with interest thereon attwelve per cent per annum from the date or
respective dates of such advance or advances to the date of repayment and with all costs,
charges, damages andexpenses incurred by the Employer in or for the recovery thereof or
theenforcement of this security or otherwise by reason of the default of theContractor and
the Contractor hereby covenants and agrees with the Employer to reply and pay the same
respectively to him accordingly.
(8) That the Contractor hereby charges all the said materials with the repayment to the
Employer of the said sum of Rupees and any further sum of sums advanced as
aforesaid and all costs, charges, damages and expenses payable under these presents
PROVIDED ALWAYS and it is hereby agreed and declared that notwithstanding anything in
the said agreement and with- out prejudice to the power contained therein if and whenever the
covenant for payment and repayment here-in-before contained shall become enforceable and
the money owing shall not be paid in accordance there with the Employer may at any time
thereafter adopt all or any of the following courses as he may deem best :
(a) Seize and utilize the said materials or any part thereof in the completion of the said works
on behalf of the contractor in accordance with the provisions in that behalf contained in the said
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agreement debiting the contractor with the actual cost of effecting such completion and the
amount due to the contractor with the value of work done as if he had carried it out in accordance
with the said agreement and at the rates thereby provided. If the balance is against the
contractor, he is to pay same to the Employer on demand.
(b) Remove and sell by public auction the seized materials or any part there of and out of
the moneys arising from the sale retain all the sums aforesaid repayable or payable to the
Employer under these presents and pay over the surplus (if any) to the Contractor.
(c) Deduct all or any part of the moneys owing out of the security deposit or any sum due
to the Contractor under the said agreement.
(9) That except in the event of such default on the part of the contractor as aforesaid interest
on the said advance shall not be payable.
(10) That in the event of any conflict between the provisions of these presents and the said
agreement the provisions of these presents shall prevails and in the event of any dispute or
difference arising over the construction or effect of these presents the settlement of which has
not been here-in-before expressly provided for the same shall be referred to the Employer whose
decision shall be final and the provision of the Indian Arbitration Act for the time being in force
shall apply to any such reference.
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I) Integrity Pact Format
(To be executed on plain paper and submitted alongwith Technical Bid/Tender documents for
tenders having a value of Rs 1 cr. or above. To be signed by the bidder and same signatory
competent/ authorized to sign the relevant contract on behalf of the State)
BETWEEN
Engineer-in-Chief on the behalf of Cheif Executive Officer, GMDA, Gurugram through its
Superintending Engineer or Executive Engineer “Employer” through which expression shall,
unless repugnant to the context or meaning thereof, include its administrators, successors
and assigns)
AND
Preamble
Whereas, the Employer has floated the Tender (NIT No.......... dtd ..................................... }
(hereinafter referred ’to as “Tender/Bid”) and intends to award, under laid down organizational
procedure, contract/s for {Name of the work}(hereinafter referred to as the “Contract”).
And Whereas the Employer values full compliance with all relevant laws of the land,
rules of land, regulations, economic use of resources and of fairness/ transparency in its relations
with its Bidder(s) and/ or Contractor(s)/Concessionaire (s)/Consultant(s).
And whereas to meet the purpose aforesaid, both the parties have agreed to enter into this
Integrity Pact (hereafter referred to as “Integrity Pact” or “Pact”) the terms and conditions of
which shall also be read as integral part and parcel of the Tender documents and contract
between the parties.
Now, therefore, in consideration of mutual covenants contained in this pact, the parties hereby
agree as follows and this pact witnesses as under:
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Article-1: Commitments of the Employer
(1) The Employer commits itself to take all measures necessary to prevent corruption and to
observe the following principles:-
a) No employee of the Employer, personally or through family members, will in
connection with the Tender for, or the execution of a Contract, demand, take a promise for or
accept, for self, or third person, any material of immaterial benefit which the person is not legally
entitled to.
b) The Employer will, during the Tender process treat all Bidder(s) with equity and reason.
The Employer will in particular, before and during the Tender process, provide to all Bidder(s)
the same information and will not provide to any Bidder(s) confidential/ additional information
through which the Bidder(s) could obtain an advantage in relation to the tender process or the
contract execution.
c) The Employer will exclude all known prejudiced persons from the process, whose conduct
in the past has been of biased nature.
(2) If the Employer obtains information on the conduct of any of its employees which is a
criminal offence under the IPC/PC Act or any other Statutory Acts or if there be a substantive
suspicion in this regard, the Employer will inform the Chief Vigilance Officer and in addition
can initiate disciplinary actions asper its internal laid down Rules/Regulations.
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Contractor(s) / Concessionaire(s) / Consultant(s) will not use improperly, for purposes of
completion or personal gain, or pass on to others, any information or document provided
by the Principal as paid of the business relationship, regarding plans, technical proposals and
business details, including information contained or transmitted electronically.
d) The Bidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s) will, when
presenting his bid, disclose any and all payments he has made, is committed to or intends to
make to agents, brokers or any other intermediaries in connection with the award of the contract.
He shall also disclose the details of services agreed upon for such payments.
e) The Bidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s) will not instigate
third persons to commit offences outlined above or be an accessory to such offences.
f) The Bidder(s) / Contractor(s) / Concessionaire(s) / Consultant(s) will not bring any outside
influence through any Govt. bodies/quarters directly or indirectly on the bidding process in
furtherance of his bid.
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5. The decision of the Employer to the effect that a breach of the provisions of this Integrity
Pact has been committed by the Bidder(s) / Contractor(s) shall be final and binding
on the Bidder(s) / Contractor(s)/Concessionaire(s)/ Consultant(s) however, the Bidder(s) /
Contractor(s) / Concessionaire(s) / Consultant(s) can approach IEM(s) appointed for the purpose
of this Pact.
6. On occurrence of any sanctions/ disqualification etc arising out from violation of integrity
pact, the Bidder(s)/Contractor(s)/Concessionaire (s)/Consultant(s) shall not be entitled for any
compensation on this account.
7. Subject to full satisfaction of the Employer, the exclusion of the Bidder(s)/ Contractor(s)
/Concessionaire (s)/Consultant(s) could be revoked by the Principal if the Bidder(s)/
Contractor(s)/Concessionaire (s)/Consultant(s) can prove that he has restored/recouped the
damage caused by him and has installed a suitable corruption prevention system in his
organization.
1. If the Employer has disqualified the Bidder(s) from the tender process prior to the award
according to Article-o, the Employer shall be entitled to forfeit the Earnest Money Deposit/ Bid
Security or demand and recover the damages equivalent to Earnest Money Deposit/ Bid
Security apart from any other legal right that may have accrued to the Employer.
2. In addition to I above, the Employer shall be entitled to take recourseto the relevant
provisions of the contract related to Termination of Contract due to Contractor Default. In
such case, the Employer shall be entitled to forfeit the Performance Bank Guarantee of the
Contractor demand and recover liquidated and all damages as per the provisions of the
contract/concession agreement against Termination.
Article-5: Previous Transgressions
1. The Bidder declares that no previous transgressions occurred in the last 3 years
immediately before signing of this Integrity Pact with any other Company in any country
conforming to the anti corruption/ Transparency International (TI) approach or with any other
Public Sector Enterprise/ Undertaking in India or any Government Department in India that could
justify his exclusion from the tender process.
2. If the Bidder makes incorrect statement on this subject, lie can be disqualified from the
tender process oi action for his exclusion can be taken as mentioned under Article-3 above for
transgressions of Article-2 andshall be liable for compensation for damages as per Article-4 above.
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1. The Bidder(s)/Contractor(s)/Concessionaire (s)/Consultant(s) undertake(s) to demand
from all sub-contractors a commitment in conformity with this Integrity Pact, and to submit it to
the Employer before contract signing.
2. The Employer will enter into agreements with identical conditions as this one with all
Bidders/Contractors//Concessionaire (s)/Consultant(s) and Subcontractors
3. The Employer will disqualify from the tender process all Bidders who do not sign
this Pact or violate its provisions.
1. The Employer has appointed a Independent External Monitor (herein after referred to as
“Monitor”) for this Pact. The task of the Monitor is to review independently and objectively,
whether and to what extent the parties comply with the obligations under this agreement.
2. The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Engineer – In – Chief
(Roads/Buildings).
3. The Bidder(s)/Contractor(s)/Concessionaire (s)/Consultant(s) accepts that the Monitor
has the right to access without restriction to all project documentation of the Employer including
that provided by the Bidder(s)/ Contractor(s)/Concessionaire(s)/Consultant(s).
The Bidder(s)/Contactor(s)/Concessionaire (s)/Consultant(s) will also grant the Monitor, upon his
request and demonstration of a valid interest, unrestricted and unconditional access to his
project documentation. The same is applicable to Subcontractors. The Monitor is under
contractual obligation to treat the information and documents of the Bidder(s)/Contractor(s)/
Subcontractor(s) with confidentiality.
4. The Employer will provide to the Monitor sufficient information about all meetings
among the parties related to the Project provided such meetings could have an impact on the
contractual relations between the Principal and the Contractor. The parties offer to the Monitor the
option to participate in such meetings.
5. As soon as the monitor notices, or has reason to believe, a violation of this Pact, lie will so
inform the Management of the Employer and request the Management to discontinue or take
corrective action, or to take other relevant action. The monitor can in this regard submit non-
binding recommendations. Beyond this, the monitor has no right to demand from the parties that
they act in a specific manner, refrain from action or tolerate action.
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6. The Monitor will submit a written report to the Engineer – In – Chief (Roads/Buildings)
within 8 to 10 weeks from the date of reference or intimation to him by the Employer and, should
the occasion arise, submit proposals for correcting problematic situations.
7. If the Monitor has reported to the Engineer – In – Chief (Roads/Buildings), a
substantiated suspicion of an offence under relevant IPC/PC Act, and the Engineer – In – Chief
(Roads/Buildings) has not, within the reasonable time taken visible action to proceed against
such offence or reported it to the Chief Vigilance Officer, the Monitor may also transmit this
information directly to the Chief Vigilance Officer.
8. The word 'Monitor" would include both singular and plural.
This Pact begins when both parties have 1egally signed it. It expires 12 months after the Defect
Liability period is over or 12 months after his last payment under the contract whichever is
later and for all other unsuccessful Bidders 06 months after this Contract has been awarded. If
any claim is made/ lodged during his time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged/ determined by the Engineer
– In – Chief (Roads/Buildings).
1. This pact is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Employer
2. Changes and supplements as well as termination notices need to be made in writing.
3. If the Bidder/Contractor/Concessionaire(s)/Consultant(s) is a partnership or a consortium,
this pact must be signed by all partners or consortium members.
4. Should one or several provisions of this agreement turn out to be invalid, the remainder
of this agreement remains valid. In this case, the parties will strive to come to an agreement
to their original intentions.
5. Any disputes/ differences arising between the parties with regard to term of this pact, any
action taken by the Employer in accordance with this Pactor interpretation thereof shall not
be subject to any Arbitration.
6. The actions stipulated in this Integrity Pact are without prejudice to any other legal action
that may follow in accordance with the provision of the extent law in force relating to any civil or
criminal proceedings.
In witness whereof the parties have signed and executed this Pact at the place and datefirst done
mentioned in the presence of following witness:-
(For & On behalf of the Employer) (For & On behalf of the Bidder/
Contractor Concessionaire (s)/Consultant(s)/)
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(Office Seal)
Place Date
Witness I: (Name & Address):
Witness 2: (Name & Address):
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J) Undertaking
UNDERTAKING
To :
Address :
1. With full understanding that Part II of our bid (Financial bid) will be opened only if
I/We qualify on the basis of evaluation in Part I of the Bid (Technical bid), I/We offer to execute
the Works described above and remedy any defects therein in conformity with the conditions of
Contract, specifications, drawings, Bill of Quantities and Addenda for an amount quoted in the
Financial Bid.
2. I/We agree to abide by this Bid for the period of 120 days from the date fixed for
receiving the same, and it shall remain binding upon us and may be accepted at any time before
the expiration of that period.
3. Unless and until a formal Agreement is prepared and executed this Bid, together with
your written acceptance thereof, shall constitute a binding contract between us.
4. I/We undertake, if our Bid is accepted, to commence the Works as soon as is reasonably
possible after the receipt of the Engineer’s notice to commence, and to complete the whole of
the Works comprised in the Contract within the time stated in the document.
5. I/We understand that you are not bound to accept the lowest or any tender you may
receive.
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K) AFFIDAVIT
(NOTE: This affidavit should be on a non-judicial stamp paper of Rs.10/- and shall be
attested by Magistrate/Sub-Judge/ Notary Public)
Name of work
a. I, undersigned, do hereby certify that all the information furnished and statements made in
response to this notice inviting bid are true and correct and nothing has been concealed.
b. I, undersigned or our firm M/s have never beenblacklisted or debarred by any State
Govt. /Central Government/Autonomous Body/Authority in Law.
c. I, undersigned or our firm M/s have never been declared bankrupt/ insolvent as on
date.
d. The undersigned hereby authorize(s) and request(s) any bank, person, firm PSU/ Authority
or Corporation to furnish pertinent information deemed necessary and requested by the
Department to verify this statement or regarding may (our) competence and general reputation.
e. The undersigned understand and agrees that further qualifying information may be
requested, and agrees to furnish any such information at the request of the Department/ Project
implementing agency.
g. I, the undersigned do hereby undertake that our firm M/s agreeto abide by this bid for a
period of 120 days from the date fixed for receiving the same and it shall be binding on us and
may be accepted at any time before the expiration of that period.
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h. I, the undersigned do hereby undertake that our firm M/s agree to deploy on this work
the machinery and equipment as mentioned in ITB and technical personnels as mentioned in
Contract Data of the bid document.
Place: ……………..
Date: ………………
*not applicable if the bidder is an individual and is signing the bid on his own behalf.
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