ROHINI COLLEGE OF ENGINEERING & TECHNOLOGY

4.5 DRAFTING OF CONTRACT DOCUMENTS BASED ON IBRD / MORTH

STANDARD BIDDING DOCUMENTS

IBRD

This Standard Bidding Document for Procurement of Goods has been prepared
for use in contracts financed by the International Bank for Reconstruction and
Development (IBRD) and the International Development Association (IDA),1to be used
for the procurement of goods through International Competitive Bidding (ICB) in the
projects that are financed in whole or in part by the World Bank. They are consistent
with the January 2011 Guidelines for Procurement of Goods, Works and Non-
Consulting services under IBRD Loans and IDA Credits & Grants by World Bank
Borrowers.

These Bidding Documents for Procurement of Goods, assumes that no prequalification

has taken place before bidding.

To obtain further information on procurement under World Bank-assisted projects or

for question regarding the use of this SBD, contact:

Summary

PART 1 – BIDDING PROCEDURES

SectionI. Instructions to Bidders (ITB)

This Section provides information to help Bidders prepare their bids.

Information is also provided on the submission, opening, and evaluation of
bids and on the award of Contracts. Section I contains provisions that
are to be used without modification.

Section II. Bid Data Sheet (BDS)

This Section includes provisions that are specific to each procurement and
that supplement Section I, Instructions to Bidders.

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Section III. Evaluation and Qualification Criteria

This Section specifies the criteria to determine the lowest evaluated bid
and the qualifications of the Bidder to perform the contract.

Section IV. Bidding Forms

This Section includes the forms for the Bid Submission, Price Schedules,
Bid Security, and the Manufacturer’s Authorizationto be submitted
completed by the Bidder and submitted as part of his Bid.

Section V. Eligible Countries

This Section contains information regarding eligible countries.

Section VI. Bank Policy – Corrupt and Fraudulent Practices

This Section provides the Bidders with the reference to the Bank’s policy
in regard to corrupt and fraudulent practices applicable to this process.

PART 2 – SUPPLY REQUIREMENTS

Section VII. Schedule of Requirements

This Section includes the List of Goods and Related Services, the Delivery
and Completion Schedules, the Technical Specifications and the Drawings
that describe the Goods and Related Services to be procured.

PART 3 – CONDITIONS OF CONTRACT AND CONTRACT FORMS

Section VIII. General Conditions of Contract (GCC)

This Section includes the general clauses to be applied in all contracts.

The text of the clauses in this Section shall not be modified.

Section IX. Special Conditions of Contract (SCC)

This Section consists of Contract Data and Specific Provisions which

contains clauses specific to each contract. The contents of this Section

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modify or supplement, but not over-write, the General Conditions and shall
be prepared by the Purchaser.

Section X. Contract Forms

This Section contains forms which, once completed, will form part of the
Contract. The forms for Performance Security and Advance Payment
Security, when required, shall only be completed by the successful Bidder
after contract award.

Attachment: Invitation for Bids

An “Invitation for Bids” form is provided at the end of the Bidding
Documents for information.

MORTH
1.This Tender Document (“Tender Document”) is being issued by The Automotive
Research Association of India ( ARAI ) on behalf of Ministry of Road Transport&
Highways (MoRTH) for the selection of a successful bidder fordelivery, installation,
integration of systems and system checking, testing and commissioning of Vehicle
Inspection Equipment’sat the Centers, supply of special tools, and requisite software for
smooth operation of the Centers. Design, construction & civil work of equipment
foundations including allied services like test shed trimixflooring, epoxy coating for the
flooring, conducting for cables including 3 phase & Single phase cables &drainage,
compressor piping will also be scope of the bidder. The suitable exhaust gas handling
system is to be selected & supplied, installed & commissioned by the bidder. Bidder
should also provide fresh air ducting for all underbody inspection pits.Further, these
Centers should also be operated, initially for a period of 24 months, after the Centers
are commissioned which includes, but not limited to, regularmaintenance of the
equipment’s, providing all necessary consumables. The Bidder should beresponsible for

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operatingthe Centers with Technicians, Supervisors and operatorsfor complete in-use

vehicle tests, including all tests mentioned in CMVR. Additional tests, if any, required
by the executing agency for ensuring optimum safety and emission performance of in-
use vehicles shall also beperformed. (The above is hereinafter collectively referred to as
the “Works”).

2. The information contained in this Tender Document is being provided for the limited
purposes of enabling the interested parties (“Bidders”) to submit a binding proposal
(“Bid”) for performing, executing and implementing the Works and for no other
purpose. In no circumstances shall executing agencies, or their employees, advisers,
consultants, contractors, servants and/or agents incur any liability arising out of or in
respect of the issue of this Tender Document, or the selection procedure.

3. The possession of the Tender Document or use in any manner contrary to any
applicable law is expressly prohibited. The Bidders shall inform themselves and shall
observe any applicable legal requirements.
4. The information does not purport to be comprehensive or to have been independently
verified. Nothing in this Tender Document shall be construed as legal, financial or tax
advice. MoRTH will not be liable for any costs, expenses, however so incurred by the
Bidders in connection with the preparation and submission of the Bids.

5. MoRTH reserves the right to amend this Tender Document and any information
contained herein at any time to the Bidders. The amendment document shall be notified
through website and such amendments shall be binding on those concerned.

6. Nothing in this Tender Document is, nor shall be relied upon as, a promise or
representation as to MoRTH ultimate decision in relation to the selection process of the
successful Bidder for the execution of the Contract (defined hereinafter). The Bidder(s)
shall not, therefore, assume that they will have the opportunity to revise their Bids
following submission except as provided in this Tender Document, without assigning
any reason whatsoever. However, MoRTH reserves the right to change the basis of or
the procedures (including the timetable) relating to the bidding process, reject any, or
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all, of the Bids, not to invite a Bidder to proceed further, not furnish a Bidder with
additional information nor otherwise to negotiate with a Bidder at any time. MoRTH
does not undertake to accept the lowest or indeed any Bid, without assigning any
reason.

7. No person other than the one authorized by MoRTH to give any information or to
make any representation not contained in this Tender Document and, if given or made,
any such information or representation shall not be relied upon as having been so
authorized.

8. Canvassing in any form shall result in rejection of the bid.

9. The applicant shall be deemed to have duly considered all terms of this Invitation for
the bid document and acknowledge that it intends to submit bid offer in accordance
with the provisions of this document having accepted the terms and conditions as have
been incorporated herein and / or that may be incorporated by MoRTH through any
Addendum/s.

10. This Tender Document is confidential and personal to each Bidder. The Bidders
shall note that they are required to sign and submit as part of the Technical Bid, as
provided in “Form b) Letter of Undertaking” of this Tender Document, a Letter of
Undertaking to MoRTH which, inter alia, prohibits disclosure of any information as
therein defined to any person or body corporate except as permitted by such Letter of
Undertaking. The Bidders shall promptly return this Tender Document to MoRTH upon
request and shall not use the same for any purpose whatsoever other than for
submission of the Bid to MoRTH for the Works. Any failure to furnish or comply with
the terms of the Letter of Undertaking shall entitle MoRTH to disqualify the relevant
Bidder.

11. Any summaries or descriptions of documents or contractual arrangements contained

in any part of this Tender Document are only indicative and cannot be and are not
intended to be comprehensive, nor any substitute for the underlying documentation

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(whether existing or to be concluded in the future), and are in all respects qualified in
their entirety by reference to them.

12. MoRTH its employees, advisers, consultants, contractors, servants, agents do not
accept any responsibility for the legality, validity, effectiveness, adequacy or
enforceability of any documentation executed, or which may be executed, in relation to
the Works. MoRTH or the other executing agencies shall enter into a contract
individually, with the successful Bidder for performance, execution and implementation
of the Works (“Contract”). No legal or other obligation shall arise between the
successful Bidder and MoRTH and / or executing agencies unless and until the Contract
has been formally executed by MoRTH and / or executing agencies and the successful
Bidder and any conditions precedent to the effectiveness of the Contract have been
fulfilled. MoRTH reserves the right not to proceed with the bidding process and to
cancel the selection procedure, or any part thereof, at any time.

13. Nothing in this Tender Document shall constitute the basis of the Contract which
may be concluded in relation to performance, execution and implementation of the
Works nor shall such documentation/information be used in construing the Contract.
Each Bidder must rely on the terms and conditions contained in the Contract, when, and
if, finally executed, subject to such limitations and restrictions which may be specified
in such Contract. Any reference to this Tender Document in the Contract with MoRTH
or any correspondence between MoRTH and the Bidder shall not be construed as this
Tender Document forming part of such contract.

14. The Bidder is prohibited from any form of collusion or arrangement by a Bidder (or
its advisers or consultants) in an attempt to influence the selection and award process.
Giving or offering of any gift, bribe or inducement or any attempt to any such act on
behalf of the Bidder towards any officer / employee of MoRTH or to any other person
in a position to influence the decision of MoRTH or any other person associated with
the bidding process, for showing any favour in relation to this Bid or any other contract,
shall render the Bidder to such liability / penalty as MoRTH may deem proper,

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including but not limited to rejection of the Bid and forfeiture of the Earnest Money
Deposit.

15. Laws of the Republic of India are applicable to this Tender Document. The courts at
New Delhi shall have exclusive jurisdiction in relation to any disputes arising from this
Tender Document.

16. Each Bidder’s acceptance of delivery of this Tender Document constitutes its
agreement to, and acceptance of, the terms set forth in this Disclaimer. By acceptance
of this Tender Document, the recipient agrees that this Tender Document and any
information herewith supersedes document(s) or earlier information, if any, in relation
to the subject matter hereof.

17. All documents and communication will be in English only. Any document which is
submitted in any other language, other than English will be acceptable only if
accompanied by self- certified English translated version. MoRTH will have the right to
verify the same independently.

18. A High Level Committee ( HLC ) is appointed by the MoRTH for their assistance
to take final decisions on all important matters pertaining to this project. The committee
consists of -
(i) Representative of ARAI – Chairperson
(ii) Representative of CIRT – Member
(iii) Representative of ICAT – Member
(iv) Representative of Transport Department, Odisha – Member
(v) Representative of Transport Department, Maharashtra - Member
19. Arbitration:
The disputes or differences, arising from this Invitation for bid document or in any
manner connected therewith shall be subject to the following dispute resolution
mechanism:

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(i) Any dispute shall initially be referred to the designated Senior Management of the
parties for amicable settlement. Parties shall nominate two persons each from their
Senior Management within ten days of a dispute arising.
(ii) If no amicable settlement is arrived at within 30 days, then any party may refer the
dispute to a Sole Arbitrator to be nominated by the MoRTH. The place of arbitration
shall be New Delhi. All arbitration proceedings shall be conducted in English and in
accordance with the provisions of the Arbitration and Conciliation Act 1996 as
amended from time to time.
(iii) The Arbitration award will be final and binding upon the parties, and each party
will bear its own costs of arbitration and equally share the fees of the arbitral tribunal
unless the arbitral tribunal decides otherwise.
(iv) All disputes shall be subject to the exclusive jurisdiction of Courts at New Delhi
only.
20. Governing Law:

Indian laws, both substantive and procedural, shall govern.

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