CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No.

DIRECTOR GENERAL NAVAL PROJECTS VISAKHAPATNAM-14

NOTICE INVITING TENDER (NIT)

1. A tender is invited for the work as mentioned in Appendix ‘A’ to this NOTICE INVITING
TENDER (NIT).

2. The work is estimated to cost as indicated in aforesaid Appendix ‘A’. This estimate, however,
is not a guarantee and is merely given as a rough guide and if the work cost more or less, a
tenderer/ bidder will have no claim on that account.

3. The work is to be completed within the period as indicated in aforesaid Appendix ‘A’ in
accordance with the phasing, if any, indicated in the tender from the date of handing over
site, which will be on or about two weeks after the date of Acceptance of tender.

4. Contractors whose names are in the DGNP (V)/ MES approved list and within whose financial
category the estimated amount would fall and unenlisted contractors may submit tender
subject to fulfil other criteria metioned in Appendix ‘A’. Not more than one tender shall be
submitted/uploaded by one contractor/ firm. Under no circumstances will a father and his
son[s] or other close relations who have business dealings with one another will be allowed
to tender/bid for the same contract as separate competitors. Two firms shall be deemed to
have business dealing if any of the partners/proprietor/director is common among both of
them. A breach of this condition will render the tenders/ bids of both the parties liable for
rejection.

5. The Deputy Director General and Chief Engineer, Office of the Director General Naval
Project, Naval Base Post, Visakhapatnam – 530 014 will be the Accepting Officer here-in-
after referred to as such for the purpose of this contract.

6. This tender is issued on Two Stage Three Cover tendering system. In first stage contractor
shall submit the tender fee, EMD and requisite documents as per PQC given in NIT (Cover-
1 and Cover-2). The tender along with BOQ will be published to those contractors who will
meet the PQC in second stage and contractor shall submit financial bid (Cover-3) on or
before the date & time mentioned in the e-tendering portal. A scanned copy of DD with
enlistment details and other documents as specified in Appendix “A” shall be uploaded as
Cover-1 and Cover-2 of the tender in stage 1 on e-tendering portal. DD is refundable in
case the contractor is not considered eligible in technical evaluation of Cover-2. The
applicant contractor shall bear the cost of bank charges for procuring and encashing the DD
including revalidation of DDs and shall not have any claim from Government whatsoever on
this account.

7. Tender form and conditions of contract and other necessary documents shall be available on
www.defproc.gov.in web site for download and shall form part of contract agreement in
case the tender/bid is accepted.

8. In case of DGNP(V)/ MES enlisted contractor who has not executed the Standing Security
Bond and un enlisted contractor, the Cover-1 shall be accompanied by Earnest Money for
the amount mentioned in Appendix 'A' in the form of deposit at call receipt in favour of DGNP,
Visakhapatnam (see Appendix 'A') by a Scheduled Bank or in received treasury Challan the
amount being credited to the revenue deposit of the DGNP, Visakhapatnam (see Appendix
'A'). The DGNP(V) will return the Earnest Money, wherever applicable, to all unsuccessful
tenderers/bidders by endorsing an authority on the deposit at call receipt for it’s refund, on
receipt of intimation from the Accepting Officer to do that.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 8

NOTICE INVITING TENDER (Contd…)

9. A contractor whose name is in the DGNP(V) approved list or MES approved list of any MES
formation and who has deposited standing security and executed standing security Bond may
bid without depositing earnest money along with the tender.

10. In case of successful contractor i.e the lowest contractor having submitted EMD, he shall
have the option of converting the EMD instrument into part of the Performance Security to
be deposited by him within time limit or return the Earnest Money to the successful cotractor
by endorsing an authority on the deposit-at-call receipt for its refund on receipt of an
appropriate amount of performance security in the forms mentioned in para 11.1 below.

11. Performance Security

11.1 Within 28 days of receipt of the letter of Acceptance, the successful contractor shall deliver
to the Accepting Officer a Performance Security in favour of DGNP(V) in any of the forms
given below for an amount equivalent to 5% of the contract amount:-

(a) A Bank Guarantee in the prescribed form.

(b) Government Securities, FDR or any other Government instruments stipulated by the
Accepting Officer.

(c) Insurance Surety Bonds (non recoverable)

11.2 Regarding performance security, all conditions are mentioned in schedule “A’ Notes to this
tender document.

12. Sample of materials and stores to be supplied by the contractor will also be available for
inspection by the tenderer /bidder at the office of Accepting Officer and concerned GE during
working hours.

13. The tenderers/bidders shall visit the site of work by making prior appointment with
GE (Wks) 2 who is the Executing Agency of the work (see Appendix ‘A’). The tenderers/
bidders shall be deemed to have full knowledge of all relevant documents, samples, site etc.
whether they have inspected them or not. The contractor should examine site
conditions and all factors requiring timely completion while bidding.

14. Any tender/bid which proposes any alteration to any of the conditions laid down or which
proposes any other new condition whatsoever, is liable to be rejected.

15. The uploading of bid by a bidder implies that bidder has read this notice and the Conditions
of Contract and has made himself aware of the scope and specification of work to be done
and of the conditions and rates at which stores (as applicable) etc. will be issued to him and
local conditions and other factors having bearing on the execution of the work.

16. Tenderers/ bidders must be in possession of a copy of the MES Standard Schedule of Rates
(SSR Part-I: 2010 & SSR part-II: 2020) (see Appendix ‘A’) including amendments and errata
thereto (if any).

17. Accepting Officer does not bind himself to accept the lowest or any tender/bid or to give any
reason for not doing so.

18. The Accepting Officer reserves the right to accept a tender submitted by a public
Undertaking/ Small & Medium enterprises (MSME), giving a price preference/ purchase
preference over other Tender(s)/bids which may be lower, as are admissible under the
Government Policy. No claim for any compensation or otherwise shall be admissible from
such tenderer/bidder whose tender/bid is rejected.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 9

NOTICE INVITING TENDER (Contd…)

19 BIDDER FROM A COUNTRY WHICH SHARES A LAND BORDER WITH INDIA:

19.1 Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the bidder is registered with the Competent Authority.

19.2 "Bidder" (including the term 'tenderer', 'contractor' or 'service provider' in certain contexts)
means any person or firm or company including any member of a consortium or joint venture
(that is an association of firms or companies), every artificial juridical person not falling in
any of the descriptions of bidders stated hereinbefore, including any agency branch or office
controlled by such person, participating in a tendering process.

19.3 "Bidder from a country which shares a land border with India" for the purpose of this Order
means: -

(a) An entity incorporated, established or registered in such a country; or

(b) A subsidiary of an entity incorporated, established or registered in such a country; or

(c) An entity substantially controlled through entities incorporated, established or

registered in such a country; or

(d) An entity whose beneficial owner is situated in such a country; or

(e) An Indian (or other) agent of such an entity; or

(f) A natural person who is a citizen of such a country; or

(g) A consortium or joint venture where any member of the consortium or joint venture
falls under any of the above

19.4 The beneficial owner for the purpose of (19.3) above will be as under:

(a) In case of a company or Limited Liability Partnership, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more
juridical person, has a controlling ownership interest or who exercises control through
other means.

Explanation—
(i) "Controlling ownership interest" means ownership of or entitlement to more
than twenty-five per cent. of shares or capital or profits of the company;

(ii) "Control" shall include the right to appoint majority of the directors or to
control the management or policy decisions including by virtue of their
shareholding or management rights or shareholders agreements or voting
agreements;

(b) In case of a partnership firm, the beneficial owner is the natural person(s) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;

(c) In case of an unincorporated association or body of individuals, the beneficial owner

is the natural person(s), who, whether acting alone or together, or through one or
more juridical person, has ownership of or entitlement to more than fifteen percent
of the property or capital or profits of such association or body of individuals;
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 10

NOTICE INVITING TENDER (Contd…)

(d) Where no natural person is identified under (a) or (b) or (c) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;

(e) In case of a trust, the identification of beneficial owner(s) shall include identification
of the author of the trust, the trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person exercising ultimate effective control
over the trust through a chain of control or ownership.

19.5 An Agent is a person employed to do any act for another, or to represent another in dealings
with third person.

19.6 Contractor shall submit a certificate as per format given in Annexure-I on non-judicial stamp
paper of ` 100/- duly signed by authorized bidder and attested by the Magistrate/ Notary
public.

19.7 A certificate is attached herewith as Annexure-II regarding any bidder apply this tender from
a country which shares a land border with India will be certified by the department.

20. A contractor whose name is in the MES approved list of any MES formation and who has
deposited standing security and executed standing security Bond may bid without depositing
earnest money along with the tender.

21. This notice of tender will be available in www.indiannavy.nic.in and www.mes.gov.in.

websites.

22. This Notice Inviting Tender (NIT) including Appendix “A” and Annexure-I to V shall form
part of the contract agreement.

Signature of contractor (A. SOMA SEKHAR)

Date: AE(QS&C)
Addl. Asst. Director (Contracts)
for Accepting Officer
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 11

APPENDIX ‘A’ TO NOTICE INVITING TENDER (NIT)

1. Name of Work : PROVISION OF TECHNICAL AREA INFRASTRUCTURE

(UNDER WP-6) AT NAVAL STATION RAMBILLI, NEAR
VISAKHAPATNAM

2. Estimated Cost : Rs. 542.60 Crore [At Par Market]

3. Period of completion : 900 [Nine hundred] days

4. Cost of tender documents : ` 3000/- in the form of DD/ Bankers cheque from any
schedule Bank in favour of DGNP and payable at
Visakhapatnam.

Note: In case of retendering, the contractor who had quoted

in the previous call is not required to submit the cost of
tender.

5. Website/portal address : www.defproc.gov.in

6. Tendering System : Two stage 3 cover tendering system

1st stage : Cover-1 and cover-2 (Technical bids)

2nd Stage : Cover-3 (Finacial bid)

7. Type of contract : The tender shall be based on measurement contracts (IAFW-

1779-A) and GCC (IAFW-2249) with Schedule ‘A’ (list of items
of work) to be priced by tenderer. The tenderers are required
to quote their rates against items of Schedule “A” (Price Bid)

8. Timeline details: :

[a] Bid submission start date :

[b] Bid submission end date : Refer critical dates on the e-tendering portal

[c] Date of bid opening :

9. Eligibility Criteria

(a) For DGNP [V] / MES Enlisted : They shall satisfy the following:-
contractors
(i) Enlistment in Class "SS" & Category "a[i] & b[ii]" as
per MES enlistment rules.

(ii) They shall not carry adverse remarks in Work Load

Return or any similar report circulated by competent
engineer authority.

(iii) The contractor shall meet the Prequalification criteria

(PQC) as in Note No. 1 below.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 12

APPENDIX ‘A’ TO NOTICE INVITING TENDER (NIT) [CONTD…]

(b) For contractors : i) Contractor shall meet the enlistment criteria of 'SS' class & "a[i] &
not enlisted with b[ii]" category contractor with regard to satisfactorily completion
MES of requisite value works with Central or State Government/ Central
or State PSUs / AWHO / AFNHB / CGEWHO / DGMAP, annual
turnover, bank solvency, working capital and other requirements
given in Para 1.4 & 1.5 of Section 1 of MES Manual of Contracts -
2020 as available in all MES formations as well as MES website
(www.mes.gov.in).

(ii) Contractor shall not carry adverse remarks in Work Load Return
(WLR) or any similar report circulated by competent engineer
authority, if already working in MES/DGNP.

(iii) Not suspended / debarred / backlisted (either permanently or

temporarily) from participating in any bid or for business dealings
by any Central/State Government Department or any Central / State
Government PSU or any autonomous body under Central / State
Government or any Local Body as on the bid submission end date.

(iv) Contractos who have secured two works in DGNP/MES should get
themselves registred in the appropriate designated class with any
Registering Authority, else the firm will not be eligible for
participation in the tender unless until the firm is enlisted with the
MES/DGNP”

(v) The contractor shall meet the Prequalification criteria (PQC) as in

Note No. 1 below.

(vi) Details of works completed and under progress in DGNP/MES to be

submitted in the following format: -
Srl CA Value Date of Date of Extended
No No. & of CA Commencememt Completion Date of
Name Completion
of
Work

10. Tender issuing and : Issuing Officer Accepting Officer

Accepting Officer
Shri. Shailendra Kumar Brig. S Ramanathan
Director (Contracts) Deputy Director General and
DGNP, Naval base post Chief Engineer
Visakhapatnam 530014 DGNP, Naval base post
Phone No. 0891- 2750908 Visakhapatnam 530014
2577498 Phone No. 0891- 2577376
Email ID: dircontdgnpv2- Email ID: [email protected]
[email protected]

11. Executing agency : GE (Wks) 2 & CWE (Wks) 2

12. Earnest Money : ` 15,00,000.00 (Rupees fifteen lakhs only) in favour of DGNP
Visakhapatnam in the form of Deposit at call Receipt, BGB not
acceptable.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 13

APPENDIX ‘A’ TO NOTICE INVITING TENDER (NIT) [CONTD…]

Notes: -
1. PRE-QUALIFICATION CRITERIA (PQC):

[a] Average annual financial turnover during the last 3 years, ending 31st March
2024 should be at least Rs 195.40 Crore.

[b] Experience of having successfully completed or atleast 90% completed

*similar integrated works during last seven years ending last day of month previous
to the month of bid submission start date should be either of the following: -

(i) Three similar completed or atleast 90% completed works costing not less
than the amount equal to Rs 217.00 Crore each.

OR

(ii) Two similar completed or atleast 90% completed works costing not less
than the amount equal to Rs 271.30 Crore each

OR

(iii) One similar completed or atleast 90% completed work costing not less
than the amount equal to Rs 434.10 Crore.

[c] Similar work shall mean “Construction of RCC framed Structures” under
Government / PSU departments / AWHO / AFNHB / CGEWHO / DGMAP. Further the
contractor must have the following experience in addition: -

(i) The contractor must have experience of execution of one work (completed or
atleast 90% completed) of minimum value of Rs. 115Crore involving
buildings on Pile foundation.

Note: The work at c(i) is not necessary to be part of the same work and
need not be necessary in qualifying work also.”

[d] The contractor shall submit back to back Memorandum of Understanding (MoU) with
OEMs of DG Sets and Chiller Units / Compressors (HVAC Work). Approved name
of manufacturers (OEM’s) are given below: -

Diesel Generating Set Cummins / Kirloskar Green / Ashok Leyland /

(above 2500KVA Capacity) Greaves Cotton / Catterpillar / Cablor / MTU /
Kohler or Equivalent

Chiller Units / Compressors Blue Star / Voltas / York / Kriloskar / Carrier /

Daikin / Trane or Equivalent

Note: MoU concluded between the Bidder and the OEM is to be valid till completion
of the work. The bidder shall submit documentary support thereof. MOU shall focus
on the following.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 14

APPENDIX ‘A’ TO NOTICE INVITING TENDER (NIT) [CONTD…]

(aa) The OEM shall have committed to the bidder for design, supply, installation,
testing and commissioning of the equipment either directly or through their
authorised representatives.

(ab) The OEM shall have committed to the department towards availability of the
spares and services for a minimum period of 7 years from the date of
completion of defect liability period of this contract.

[e] For the purpose of value of completed works, the value of previously completed works
shall be enhanced @ 5% per year to bring them at par with present cost.

[f] The bidder shall also submit affidavit duly notarized that the firm is not debarred from
bidding for Govt. tenders and shall not have incurred losses during the three
consecutive years in last five years.
[g] WORKING CAPITAL not less than ` 125.00 Crore from the nationalized/ Scheduled
banks as per format given in Annexure-III as certified by the bankers which shall not
be older than 06 months as on the preceding month of bid submission end date.

[h] BANK SOLVENCY not less than ` 185.00 Crore from the nationalized/ Scheduled
banks as per format given in Annexure-III as certified by the bankers which shall not
be older than 06 months as on the preceding month of bid submission end date.

2. After opening of Cover-1, if the number of MES enlisted contractors of “SS” class as well as
un-enlisted contractors, if any, fulfilling the other eligibility criteria given in NIT are less than
7 (seven), applications in respect of contractors one class below the eligible class shall also
be considered subject to fulfilment of PQC as per Note 1 above and other eligibility criteria
given in NIT. Therefore, MES/DGNP(V) contractos one class below the eligible class may also
bid for this tender. However, contractors one class below the eligible class shall not
be considered in case their present residual work in hand is more than twice their
present tendering limit. Such bidders shall upload in their technical bid (Cover-2) details
of works in hand showing names of work, names of Accepting Officer, Contract amounts,
dates of commencement and completion (stipulated) and progress as on bid submission end
date. These details shall be verified by the Tender Issuing Authority from concerned
formations in case bids of such contractors are considered for evaluation.

3. In case after opening of Cover-1, the number of MES enlisted contractors of “SS” class as
well as un-enlisted contractors, if any, fulfilling the other eligibility criteria given in NIT are
7(seven) or more, applications of only those one class below the eligible class bidders shall
be considered who will fulfil the PQC as per Note 1 above and are meeting the criteria of up
gradation in SS class with respect of past experience of completed works (individual work
experience and average annual turnover as applicable) and financial soundness
(solvency/financial soundness and working capital) as per details given in Manual on
Contracts. Therefore, such contractos shall upload the requisite information / documents in
the Cover-1.

4. Unenlisted contractors shall be considered provided he meets the criteria. However, foreign
firms shall not be eligilge for this tender. However Indian firms having foreign national /
Indian nationals staying abroad / Indian national having taken foreign citizenship, as diectors
shall be considered subject to security clearance from the concerned authorities.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 15

APPENDIX ‘A’ TO NOTICE INVITING TENDER (NIT) [CONTD…]

5. Contractors enlisted with DGNP(V)/MES will upload the following documents in Cover-1 for
checking eligibility criteria:-

(a) Application for tender on firms letterhead.

(b) Enlistment letter issued by the Registering Authority duly renewed for the cyclic period
in vogue i.e at present 2020 to 2025.

(c) Scanned copy of DD / Bankers Cheque towards cost of tender and EMD instrument
in case SSD bond is not signed at the time of registration.

6. Contractors not enlisted with DGNP(V)/MES will upload the following documents in
Cover-1 for checking eligibility criteria:-

(a) Application for tender on firms letterhead

(b) Scanned copy of DD / Bankers Cheque towards cost of tender and EMD instrument.

(c) Copy of Police verification report / Police Clearance Certificate / Character Certificate
from police authority of the area where the registered office of the firm is located /
notarised copy of valid passport of proprietor/each partner/each Director.

(d) Documents required for enlistment in MES for SS Class as per Para 1.5 of Section I of
MES Manual on Contracts 2020.

(e) Details of works completed and under progress in DGNP/MES if any, to be submitted
in the following format: -

Srl CA No. & Name Value of Date of Date of Extended

No of Work CA Commencememt Completion Date of
Completion

7. All Contractors will upload the following documents in Cover-2 for checking eligibility of
prequalifuication criteria:-

(a) Documents required in respect of PQC criteria.

(aa) Copy of turn over certificate from CA for last 5 (Five) years (FY), notarised copy
of relevant pages of balance sheet of those FYs showing the turn over (gross
receipts).

(ab) Copies of completion certificates in three highest valued similar works as

definition in para note 1 (c) above (after adjusting the values as per para note
1(d) above during last seven years. This will be in tabular form giving name of
work, Accepting Officer's details, viz, Address, Telephone, Fax No, e-mail ID
etc, date of acceptance of tender and actual date of completion. This shall be
duly signed by proprietor / all partners / authorised Director of Pvt / Public Ltd,
as applicable. It should indicate whether extension was granted or
compensation was levied. Attested copy of acceptance letter and completion
certificate shall be enclosed for each work. In case performance report has been
given by the client, same shall also be submitted duly attested.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 16

APPENDIX ‘A’ TO NOTICE INVITING TENDER (NIT) [CONTD…]

(ac) Affidavit on non judicial stamp paper of Rs. 100/- (minimum) in the form of
hard copy declaring their turnover for last 5 (Five) Years and details of works
completed.

(b) Integrity Pact (IP) downloaded from website duly signed and stamped on each page
by bidder(s).

(c) Certificate stating that bidder or representative of bidder has visited the
site duly countersigned by GE

(d) Any other document required as described in this Appendix.

8. Tenders not accompanied by scanned copies of requisite DD/Bankers Cheque towards cost
of tender and earnest money (as applicable) in Cover-1 shall not be considered in Stage 2
tendering.

9. Contractors shall ensure that their original physical DD’s and Earnest Money Deposit (EMD)
instruments (as applicable) shall reach the office of Accepting Officer within 07 days of bid
submission end date, failing which following action shall be taken: -

(a) In case of bids from an enlisted contractor of DGNP / MES, where scanned copies of
requisite DD/Bankers Cheque towards cost of tender has been uploaded in Cover-1
but physical copies are not received within the stipulated period, the firm shall be
considered in 2nd Stage. However, non-submission of physical copies of cost of
tender shall be considered as wilful negligence of the tenderer with ulterior motives
and such tenderer shall be banned from bidding for a period of six months
commencing from the date of publishing of tender in 2nd stage.

(b) In case of tenders from un-enlisted contractors, where scanned copies of requisite
DD/Bankers Cheque towards cost of tender have been uploaded in Cover-1 but
physical copies are not received within the stipulated period, the firm shall not be
considered in 2nd Stage. Name of such contractors along with complete address shall
be circulated for not opening of their bids for a period of six months commencing
from the date of publishing of tender in 2nd stage.

(c) In case of tenders from enlisted contractor and un enlisted contractors, where
scanned copies of instruments for Earnest Money Deposit (as applicable) have been
uploaded in Cover-1 but the same are not received in physical form within stipulated
period, such tenders shall not be considered in 2nd Stage.

10. Contractor will not be allowed to execute the work by subletting or through power of attorney
holder to a third party/ another firm on his behalf. However, a contractor can execute the
work through Power of Attorney to sons/daughters/spouse of proprietor/ partner/ Director
and firm's own employees, Director, Project Manager provided they are not having a separate
enlisted firm in DGNP/MES in their name as proprietor/ partner/ Director.

11. After opening of technical bids (Cover -1 & 2) and during its technical evaluation, in case
any deficiency is noticed in the documents required to be uploaded by the tenderers as per
NIT, a communication in the form of e-mail/ sms/ speed post etc. shall be sent to the
contractor to rectify the deficiency within a period of seven days from date of communication
failing which tenderer shall not be qualified for 2nd Stage tendering and contractor shall not
have any claim on the same.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 17

APPENDIX ‘A’ TO NOTICE INVITING TENDER (NIT) [CONTD…]

12. Invitation for e-tender does not constitute any guarantee for validation of ‘Technical’ bid and
subsequent opening of financial bid of any applicant/ bidder, merely by virtue of enclosing
DD. Accepting Officer reserves the right to reject the Technical bid (Cover-1 & 2) and not
to allow for participating in Stage 2 tendering of any applicant/ bidder. Technical bid
validation shall be decided by the Accepting Officer based on eligibility of the firm as per
criteria given in this Appendix. Tenderer/bidder will be informed regarding non-validation of
his Technical bid assigning reasons therefor through tender evaluation report, which shall be
uploaded on the www.defproc.gov.in website. Such tenderer, if desires may appeal to the
Next Higher Engineer Authority (NHEA) viz Director General, Naval Projects,
Visakhapatnam on email ID: [email protected] with copy to the Accepting Officer
on email [email protected] within 7 working days of uploading technical evaluation.
NHEA shall decide the matter within a period of seven working days from the date of receipt
of appeal. The decision of the Next Higher Engineer Authority (NHEA) i.e. DGNP,
Visakhapatnam shall be final and binding. The contractor/bidder shall not be entitled for any
compensation whatsoever for rejection of his bid.

13. In case the BOQ is revised through the corrigendum and the bidder has failed to quote on
latest revised BOQ (ie he has quoted on pre revised BOQ) such bid shall be treated as wilful
negligence by the bidder and his quotation shall be considered non-bonifide. In such cases,
the lowest tender shall be determined from amongst the valid / bonafide bids only. Accepting
Officer may decide whether to re-tender or consider the lowest bonafide tender for
acceptance.

14. Revoking the offer or revising the rates upward or offering voluntary reduction by the lowest
tenderer after opening of financial bid (Cover-3) shall be considered as a wilful default. For
this default a penalty of an amount equal to Earnest Money shall be levied. In case of
unenlisted tenderer, Earnet Money Deposited by him shall be forfeited. In case of DGNP /
MES enlisted tenderer having deposited the Standing Security Bond, an amount equal to the
Earnest Money stipulated in the NIT shall be notified to the tenderer for depositing the
amount through MRO and consideration of such tenderer in tender evaluation for future
works shall remain suspended till the aforementioned amount is deposited in Govt Treasury.
No other disciplinary / administrative action shall be taken against such tenderers. In such
situation, the next lowest offer shall not be considered for acceptance. Instead, retendering
shall be resorted to in a transparent and fair manner and the defaulting tenderer and his
related firm if any, shall not be eligible for this tender in second call or subsequent calls.

15. Tender to related firms shall not be issued simultaneously. Firms shall be treated as related
if Proprietor / one or more Partners / Directors are common. Decission of Accepting Officer
on issue / deny the tender to any of the related firms shall be final and binding.

16. The bidder/ tenderer shall also ensure compliance of the EPF & MP Act 1952 by the sub
contractor, if any engaged by the contractor for the subject work.

17. NO payments to contractors/firms will be made unless proof of payment of wages to

the workmen is submitted by the contractors/firms. In case payments are made in current
coin or currency notes, certificate will be submitted by the contractors/firms along with
undertaking by the concerned workmen asking for payment other than by cheque or by
crediting in the bank account of the employee/workman.

18. Court of the place from where tender has been published shall alone have jurisdiction to
decide any dispute out of or in respect of this tender. After acceptance of tender, Condition
72-Jurisdiction of Courts of IAFW-2249 shall be applicable.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 18

APPENDIX ‘A’ TO NOTICE INVITING TENDER (NIT) [CONTD…]

19. Prior to commencement of electrical work/ electrical component of works, copy of valid
Electrical License in the name of the contractor or copy of agreement with agency having
valid Electrical License along with agency’s Electrical License shall be submitted by the
contractor to the Accepting Officer through GE with copy to CWE. In case contractor does
not possess valid Electrical License and he intends to get such work executed through agency
having valid Electrical License and with whom he has agreement, prior approval of such
agency shall be got done from competent authority, who shall be concerned CWE (concerned
CE Zone in case there is no CWE). Copy of License shall be submitted to GE as well as CWE/
CE Zone for future reference.

20. Supervisor for execution of electrical works / electrical component of works employed by the
contractor shall possess Supervisor Certificate of Competency issued by concerned State
Government/Union Territory and the worker/tradesmen for execution of electrical works/
electrical component of works shall hold necessary Permit issued by concerned State
Government/ Union Territory.”

21. DISQUALIFICATION: Even though the tenderers meet the stipulated criteria, they
are liable to be disqualified if they have made misleading (or) false information in
documents submitted in the bidding.

22. Q-BID EVALUATION:

22.1. Arithmetical corrections shall be made as per General Condition of Contracts 6A(A) of IAFW
-2249.

22.2. Commercial Bids will be reviewed to ensure that the figures indicated therein are consistent
with the details of the corresponding Technical bids.

22.3. For the purpose of evaluation "cost" shall be inclusive of all taxes and duties.

22.4. Bidder who has quoted lowest total cost in Schedule "A" (L-1) shall be considered successful
bidder and all other bidders shall be considered unsuccessful. Offer of successful bidder (L-
1) shall only be considered for acceptance. If L-1 backs out, retendering shall be resorted in
a fair and transparent manner.

22.5. Completion Period as indicated in Tender Documents have been accepted.

22.6. If bidders/ tenderers desire that any condition or stipulation given in the tender documents
is to be modified/ amended or deleted, they may submit their comments/suggestions before
last working date of clarification as shown in critical date sheet in subject tender ID alongwith
supporting documents, as applicable, for consideration by the department for issue of
corrigendum/ amendments to tender documents. If department considers comments/
suggestions to be appropriate, corrigendum/amendments to tender documents shall be
issued and also uploaded on E- tendering Portal. If department does not consider
comments/suggestion suitable, corrigendum/amendments to tender documents shall not be
issued/uploaded on E- tendering Portal and tenderers shall quote strictly complying with the
various provisions given in the tender documents.

23. INTEGRITY PACT: Integrity pact is an integral part of tender/bid documents. Scanned copy
of Integrity pact duly signed on each page by the bidder shall be uploaded as a part of
technical bid (Cover-2) and hard copy of the same shall be forwarded along with tender fee
and other docuents to Accepting Officer. Bidders who do not upload scanned copy of IP duly
signed will be informed through option of “Short Fall Documents” (in e-tendering portal).
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 19

APPENDIX ‘A’ TO NOTICE INVITING TENDER (NIT) [CONTD…]

Any bidder who fails to forward the copy of IP duly signed even after this communication
shall be disqualified in the Technical Bid (Cover-2) evaluation and his financial bid will not
be opened.

24. JOINT VENTURE:

24.1 Joint Venture shall be permitted to participate in this tender.

24.2 Joint Venture (JV) shall not comprise more than two firms (called parties of JV). The lead
party shall have at least 60% share of interest in the JV. The other than lead party shall have
at least 30% share of interest in the JV. The format of agreement is at Annexure-IV. The
JV shall be considered as un-enlisted contractor. The JV shall submit Earnest Money Deposit
for all tenders mandatorily. Any bid received from JV firm without EMD shall be considered
as non-bonafide tender.

24.3 A valid agreement shall exist between the parties of JV defining clearly the role, responsibility
and scope of work of each party, percentage share of each party along with nomination of
leader (Lead Party) for the purpose of this work and a confirmation that the parties of the JV
are jointly and severally responsible.

24.4 (a) Foreign Companies shall not be permitted to participate in JV

(b) (i) Indian Companies having Director(s) of foreign origin and Indian Companies
having Director(s) of Indian origin but residing abroad/having foreign citizenship
shall be permitted to participate in JV. However, security clearance in such cases
shall be processed as brought out in Section 1.3(g) of Manual on Contracts 2020.

(ii) Case for security clearance shall be processed to E-in-C's Branch on PRIORITY
after opening Technical bid (Cover-1 & Cover-2). Further, processing of 2nd
stage shall not be held up awaiting receipt of security clearance. However, if
the JV requiring security clearance of Director(s) becomes L1, the tender shall
be accepted only on receipt of security clearance. For this, the Accepting Officer
will pursue the security clearance vigorously.

24.5 JV as a single unit or each party of the JV shall have Permanent Account Number (PAN) and
GSTIN. However, if the contract is awarded to the JV, then PAN & GSTIN shall be obtained
by the JV as a single unit.

24.6 Parties to the JV shall meet the following laid down criteria for the purpose of forming a JV:-
Criteria Lead Party Other than Lead Overall as a JV
party
Average Annual Min 60% Min 30% 100%
turnover as per NIT/
Tender documents
Technical Capacity as Min 30% of Min 30% of ---
Per NIT/ Tender Prequalification Prequalification
documents Criteria Criteria

24.7 (i) The JV shall collectively meet the working capital criteria as contained in the NIT/
Tender documents.

(ii) The JV shall collectively meet the Bank solvency/ financial soundness for engagement
criteria as contained in the NIT/ Tender documents.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 20

APPENDIX ‘A’ TO NOTICE INVITING TENDER (NIT) [CONTD…]

24.8 Both the parties to the JV either individually (single entity of the JV) or collectively (lead and
other than lead) shall fulfil the 100% of the Technical qualifying criteria as stipulated in the
NIT/Tender documents.

24.9 Both the parties of the JV shall jointly possess the required T&P, machinery and Engineering/
supervision staff. T&P can be either on ownership basis or leasehold as stipulated in
NIT/Tender documents and documentary prof of the same shall be submitted.

24.10 JV concluded up to the date of bid submission are permitted to apply. Copy of JV should be
uploaded along with Technical Bid (Cover-1). The Department reserves the right to verify
the particulars furnished by the applicant independently. If any information furnished by the
applicant JV is found incorrect and/or misleading and/or false representation and/or
deliberately suppressed information, at a later stage, the JV and both the parties shall be
liable to be debarred from tendering/ taking up of any work in DGNP(V)/ MES.

24.11 Party/parties will not be allowed to bid for the same tender in their independent capacity as
well as under JV. Also, no party will be allowed to bid for the same tender under multiple JVs.
In case of violation (party/ parties biding independently as well as under JV for the same
tender, party/ parties biding for the same tender under multiple JVs), the financial bid
(Cover-2) of the party/ parties concerned as well as the bid(s) of the related JV(s) shall not
be opened (ie shall not be qualified in technical bid (Cover-1) evaluation).

24.12 The lead party shall attend all progress review meetings and shall be answerable to all issues
relating to the project.

24.13 For any of the defaults as under of the JV, administrative action shall be taken against both
the parties of JV :-

(a) In case of non-submission of physical original documents of cost of tender, EMD –

Baring from bidding for six months.

(b) Due to default in performance of Contract etc — Administrative actions as per existing
instructions.

24.14 Any unrealized recovery from JV shall be recovered proportionately from the parties in
proportion to their percentage share in the JV. If it is not possible to recover proportionate
share (partly/fully) from one party, it shall be recovered from other party.

Signature of contractor (A. Soma Sekhar)

AE(QS&C)
AAD (Contracts)
for Accepting Officer

File No. DG/3440/ 186 /E8

Dated: 03 Sep 2024

Office of the Director General

Naval Projects
Naval Base Post
Visakhapatnam – 530 014
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 21

Annexure No. I

Certificate

"I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India: I certify that my firm not from such a country or, if from such a
country, has been registered with the Competent Authority. I hereby certify that my firm fulfills all
requirements in this regard and is eligible to be participated.”

*Where applicable, evidence of valid registration by the Competent Authority shall be

attached.

(Signature of Contractor)

Annexure No. II

Certificate

"I have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India: I certify that this bidder is not from such a country or, if from
such a country, has been registered with the Competent Authority. I hereby certify that this bidder
fulfills all requirements in this regard and is eligible to be considered.”

*Where applicable, evidence of valid registration by the Competent Authority shall be

attached.

(S Ramanathan)
Brig
DDG & CE
Accepting Officer
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 22

Annexure No. III

APPENDIX 1.3

FORM OF SOLVENCY CERTIFICATE FROM A NATIONALISED / SCHEDULED BANK

Bank Address and code

This is certified that to the best of our knowledge and information that M/s /Shri /Smt
________________________________________________ having address
_____________________________, a customer of our bank are/ is respectable and can be
considered solvent upto Rs. ____________ (Rupees_________________). This certificate is
issued without any guarantee or responsibility on the bank or any of the officers.

Place: Signature of Bank Manager

Date: (Name, Designation, personal code
No. of Signatory & Seal of Bank
E-Mail ID:

Note: In Case of partnership firm, certificate to include names of all partners as per
record with bank

FORM OF WORKING CAPITAL CERTIFICATE FROM A NATIONALISED / SCHEDULED BANK

Bank Address and code

This is certified that M/s /Shri /Smt __________________________ having address

_____________________________, has/ have maintaining a saving bank account/ current/
fixed deposit account with this branch of bank since ____________ and an amount not less
than Rs. ____________ (Rupees_________________) has been available to the credit in his/
her/ their account Nos. _______________________ for the last three months.
The Firm is enjoying overdraft/ credit facility upto limit of Rs. ______________.

Place: Signature of Bank Manager

Date: (Name, Designation, personal code
No. of Signatory & Seal of Bank
E-Mail ID:

Note: Please forward above documents issued by your Bankers in original to be received in the
office of DGNP (V) within 05 days of opening date of Technical bid (Cover I). Above certificates
shall not be older than 6months as on closing date of Bid submission. Signatory shall endorse
his rubber seal, indicate his name & bank employee number, Bank address particulars like full
address, telephone & fax number.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 23

ANNEXURE 'IV'

FORMAT FOR JOINT BIDDING AGREEMENT FOR JOINT VENTURE

(to be executed on Rs. 100/- stamp paper)

THIS JOINT BIDDING AGREEMENT is entered into on this the …………….day of ………………..20….

AMONGST

1. ……………………………….. having its registered office at ……………………………..(hereinafter referred to

as the ' First Part' which expression shall, unless repugnant to the context include its successors and
permitted assigns)

AND

2. …………………………………. having its registered office at ……………………………….. (hereinafter

referred to as the Second Part' which expression shall, unless repugnant to the context include its
successors and permitted assigns)

The above mentioned parties of the FIRST and SECOND PART are collectively referred to as the
"Parties" and each is individually referred to as a "Party"

WHEREAS,

(A) The Director Geneal Naval Projects, Visakhapatnam, represented by its DDG & CE and having
its office at DGNP, Naval Base Post, Visakhapatnam 530014 (hereinafter referred to as the
"Authority" which expression shall, unless repugnant to the context or meaning thereof, include its
administrators, successors and assigns) has invited bid by its Tender ID No. ………………………………….
for “PROVISION OF TECHNICAL AREA INFRASTRUCTURE (UNDER WP-6) AT NAVAL
STATION RAMBILLI, NEAR VISAKHAPATNAM”.

(B) The Parties are interested in jointly bidding for the tender as member of a Joint Venture and in
accordance with the terms and conditions of the tender document in respect of the work, and

(C) It is necessary condition under the pre-qualifying criteria (PQC) that the parties of the Joint
Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with the Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the
meaning ascribed thereto under the PQC in the Notice Inviting Tender.

2. Joint Venture

(a) The parties do hereby irrevocably constitute a Joint Venture for the purposes of jointly
participating in the Bidding Process for the project.

(b) The Parties hereby undertake to participate in the Bidding Process only through this Joint
Venture and not individually and/or through any other Joint Venture constituted for this Project,
either directly or indirectly.
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 24

ANNEXURE 'IV' [CONTD…]

3. Covenants
The parties hereby undertake that in the event the Joint Venture is declared the selected Bidder
and awarded the contract, it shall perform all its obligations as the Contractor in terms of the
Contract.

4. Role of the Parties.

The parties hereby undertake to perform the roles and responsibilities as described below:

(a) Party of the First Part shall be the Lead member of the Joint Venture and shall have the
power of attorney from the other Party for conducting all business for and on behalf of the Joint
Venture during the Bidding Process and execution process as well as post execution process.

(b) Party of the Second Part shall be the Member of the Joint Venture.

5. Joint and Several Liability

The parties do hereby undertake to be jointly and severally responsible for all obligations and
liabilities relating to the Project and in accordance with the terms and conditions given in the
NIT and Tender Documents.

6. Field of expertise

The parties do hereby declare that the field of expertise of the parties are as under:-

First Party : _________________

Second Party : _________________

7. Share of Work in the Project

The parties agree that the proportion of the Contract to be allocated among the parties shall be
as follows:--

First Party : _________________

Second Party : _________________

8. Representation of the Parties

Each Party represents to the other Party as of the date of this Agreement that:

(a) Such Party is duly organised, validly existing all in good standing under the laws of its
incorporation and has all requisite power and authority to enter into this Agreement;

(b) The execution, delivery and performance by such Party of this Agreement has been
authorised by all necessary and appropriate corporate or governmental action and a copy of the
extract of the charter documents and board resolution /power of attorney in favour of the person
executing this Agreement for the delegation of power and authority to execute this Agreement
on behalf of the Joint Venture party is annexed to this Agreement, and will not, to the best of
its knowledge: -

(i) Require any consent or approval not already obtained;

(ii) Violate any applicable law presently in effect and having applicability to it;
(iii) Violate the memorandum and articles of association, by-laws or other applicable
organisational documents thereof;
CA NO. DDG & CE (V)/TOKEN/06 OF 2022-2023 Serial Page No. 25

ANNEXURE 'IV' [CONTD…]

(iv) Violate any clearance, permit, concession, grant, license or other governmental
authorisation, approval, judgement, order or decree or any mortgage agreement, indenture
or any other instrument to which such Party is a Party or by which such Party or any of its
properties or assets are bound or that is otherwise applicable to such Party; or

(v) Create or impose any liens, mortgages, pledges, claims, security interest, charges or
encumbrances or obligations to create a lien, charge, pledge, security, interest,
encumbrances or, mortgage in or on the property of such Party, except for encumbrances
that would not, individually or in the aggregate, have a material adverse effect on the
financial condition or prospects or business of such Party so as to prevent such Party from
fulfilling its obligations under this Agreement.

(c) This Agreement is the legal and binding obligation of such Party, enforceable in accordance
with its terms against it; and

(d) There is no litigation pending or, to the best of such Party's knowledge, threatened to which
it or any of its Affiliates is a Party that presently affects or which would have a material adverse
effect on the financial condition or prospects or business of such Party in the fulfilment of its
obligations under this Agreement.

9. Termination

This Agreement shall be effective from the date hereof and shall continue in full force and effect
until completion of Defect Liability Period under and in accordance with the Contract, in case
the Project is awarded to the Joint Venture. However, in case the Joint Venture does not pre-
qualify for the Project or does not get selected for award of the Project, the Agreement will
stand terminated in case the Applicant does not pre-qualify or upon return of the Bid Security
by the Authority to the Bidder, as the case, may be.

10. Miscellaneous

(a) This Joint Bidding Agreement shall be governed by Laws of India.

(b) The Parties acknowledge and accept that this Agreement shall not be amended by the
Parties without the prior written consent of the Accepting Officer.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS
AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN

SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED

For and on behalf of

LEAD member by: SECOND PART

(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)

WITNESS Signature Not Verified

In the presence of : Digitally signed by SHAILENDRA KUMAR
Date: 2024.09.03 14:44:48 IST
1. 2. Location: Ministry of Defence-MES