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FOREWORD
Projects are the cutting edge of development. These are undertaken to achieve planned results within the budgeted resources and targeted timeframe. Success depends largely on carrying out the constituent tasks in a proper sequence, deploying the resources to the best advantage. In the last 14 years, the Project Management Division of the Ministry of Statistics & Programme Implementation has monitored a few thousand infrastructure and industrial projects of the Central/Public Sector enterprises and Government agencies.
It emerges from the analysis of the Central Sector Projects by the Ministry of Statistics & Programme Implementation that many of the projects suffer from inadequacies in project formulation and implementation, resulting in large time and cost overruns, affecting the very viability of the projects and acting as drag on the economy. The analysis has also identified several factors responsible for time and cost overruns - some within the control of the enterprises and some beyond their control. As an apex institution for monitoring, the Ministry of Statistics & Programme Implementation has initiated several measures to improve the system and procedures relating to project formulation, implementation and monitoring. These include 2-stage clearance, appointment of Nodal Officers, improved procedures for cost benefit analysis and approval, delegation of more powers at project level, release of project implementation manual, institution of MOU system, institution of 3-tier regular monitoring, adoption of network based monitoring, extensive training of project managers, prioritization of projects matching with available resources and several project based interventions. A host of other measures, like, amendment to Land Acquisition Act and development of Standard Rehabilitation Package, On-line Computerised Monitoring System etc. are under progress.
Time and cost overruns in projects in the environment of uncertainties, inadequate funding, delay in land acquisition, law and order problems, general escalation in costs, and, high cost of capital cannot be eliminated altogether; but these can be controlled by suitable measures. Measures highlighted above have definitely brought about improvement in the project implementation scenario. A study carried out by the Ministry shows that the cost overruns in projects even with respect to original costs have come down from 62 % in March, 1988 to 36% in March, 2000. On an average, 450 projects costing Rs.1,60,000 crores have been on the monitor of the Ministry. Assuming 6 to 7 years as average period of completion of a project, the direct saving as a result of decrease in cost overruns should be more than Rs.41,600 crores (1,60,000 X 0.26). This is a commendable achievement.
Inequity condition in construction contract has been identified as one of the major maladies in Project Execution. Traditionally, the text of contract documents is drafted by the owner and this normally results in a manual which, sometimes, is drafted to favor one of the parties entering into a contract. An inequitable contract hurts all parties at all times, and therefore, is not a workable contract. Then, there is a question of multiplicity of contract texts. Almost all wings of Government, be they the Union Ministries, State Departments, or even the Public Sector Undertakings, both at the Central as well as State levels, have evolved and practice their own contract texts. Several of these are not relevant or designed to meet the exigencies posed by the complexities of present day contract management requirements. In this backdrop, this Ministry of Statistics & Programme Implementation took the initiative to develop a harmonized and transparent Contract Management System.
The contract document drawn up by the Ministry, after wide consultations with the Construction Industry Development Council (CIDC) and its associates, major Public Enterprises and Government Ministries/Departments, would go a long way in serving as a standard document and a set of guidelines for preparing proper contract documents. This will, in turn, lead to reduction in delays as well as improvement in productivity of both the owner as well as the contractor, improving co-operation and sense of responsibility and also reducing incidence of disputes between them. I believe that this is one of the positive steps towards good governance and hope that all agencies would adopt these Guidelines in the right spirit.
(JAGMOHAN)
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PREFACE
I am privileged to write the preface to the Guidelines on Contract Management System developed by Project Monitoring Division (PMD) of the Ministry of Statistics & Programme Implementation after consultations with several Government Agencies/Public Sector Enterprises.
The concerted efforts of PMD in bringing about several system improvements and in creation of awareness among the Ministries/Departments and Public Sector Enterprises about the need for completion of Projects within time and approved costs has paid rich dividends. These guidelines would provide a more effective and transparent system for good governance and result in ultimate savings to the nation by reducing incidence of disputes in contracts, enhancing better cooperation among the participating parties and inculcating greater sense of responsibility, leading to speedy execution of projects. The ideas drawn up in the guidelines for management of contracts with sound planning and net-working of the related inter-linked activities would help the owner as well as the contractor in keeping a good control on the implementation of projects on day-to-day basis and in keeping the projects on proper track.
The Standard Contract Clauses, which, by and large, conform to the international practices followed by the World Bank, the UN Agencies as well as the FIDIC, would provide basic structure for preparing the Contract Documents, and the Standard General Conditions for domestic bidding would serve as guidelines for providing safeguards for specific work requirements. These would help clearly identify the responsibilities of the parties entering into contract to achieve the specific objectives within the prescribed specifications and boundary limits. These guidelines have been approved by the Committee of Secretaries with a provision of periodic review by an expert body comprising experts drawn from Construction Industry, Public Sector Enterprises, and Government organisations.
The PMD of the Ministry of Statistics & Programme Implementation took up this matter and prepared the guidelines on Contract Management System at the national level. I acknowledge the dedicated efforts of Shri Sarweshwar Jha, Additional Secretary and Shri J. L. Narayan, Joint Adviser, in the Ministry of Statistics & Programme Implementation, Shri Harish Chandra, former DG (Works), Shri P. R. Swarup, D.G., CIDC and all esteemed members of the Harish Chandra Committee for their valuable contributions in drafting and finalising these Guidelines on Contract Management System. Let us adopt these Guidelines in the right spirit and help the cause of infrastructure building and project management in our country in a significant way.
New Delhi
September 3, 2001 (K. V. IRNIRAYA)
INDEX
SECTION DESCRIPTION PAGE NO.
Section 1 Instruction to Bidders 13
Section 2 Forms of Bid, Qualification Information and Letter of Acceptance 32
Section 3 Conditions of Contract and Special Conditions of Contract 43
Section 4 Contract Data 72
Section 5 Specifications 81
Section 6 Drawing 82
Section 7 Bill of Quantities 83
Section 8 Forms of Securities 85
Section 9 Contract Supervision and Monitoring System 95
Annexure-I Review Committee for Contract Management System 97
Annexure-II The Committee 98
STANDARD GENERAL CONDITIONS
FOR DOMESTIC CONTRACTS.
Standard General Conditions for Domestic Contracts consist of a complete framework for preparation of contract documents which include Invitation for Bids (IFB) and its basic details, format for Standard Bidding Document, General Conditions of Contract and Special Conditions of Contract including Standard Contract Clauses, contract data, specifications of the project, supporting drawings, bill of quantities and formats for securities etc. These documents have been arranged in the sequence of their formulation and implementation as given in the contents of this document.
INDEX
SECTION DESCRIPTION PAGE NO.
DC1 Bid reference 9
IFB Invitation for Bids 10
Section 1: Instructions to Bidders 13
Section 2: Forms of Bid, Qualification Information and Letter of acceptance 32
Section 3: Conditions of contract and Special conditions of Contract 43
Section 4 Contract Data 72
Section 5: Specifications 81
Section 6: Drawing 82
Section 7: Bill of Quantities 83
Section 8: Forms of Securities 85
DC- 1
(NAME OF THE PROJECT OWNER/EMPLOYER)
__________________________________________________PROJECT
AGREEMENT NO._____________________________________________
DOMESTIC COMPETITIVE BIDDING
(CONSTRUCTION)
BID NO.-
NAME OF WORK ________________________________________________
PERIOD OF SALE OF BIDDING FROM___________________________________________
DOCUMENT TO______________________________________________
TIME AND DATE OF PRE-BID DATE____________________TIME______________HOURS
CONFERENCE
LAST DATE AND TIME FOR DATE____________________TIME______________HOURS
RECEIPT OF BIDS
*TIME AND DATE OF OPENING OF BIDS DATE_________________TIME______________HOURS
PLACE OF OPENING OF BIDS _________________________________________________
_________________________________________________
_________________________________________________
OFFICER INVITING BIDS __________________________________________________
* Should be the same as for the deadline for receipt of bids of promptly thereafter.
INVITATION FOR BID
(IFB)
(Name of the Project owner/Employer)
…..………………………………………PROJECT
INVITATION FOR BIDS (IFB)
DOMESTIC COMPETITIVE BIDDING
Date:
Bid No.:
TABLE
Package No. |
Name of Works |
Approximate value of works (Rs.) |
Bid Security (Rs.) |
Cost of documents (Rs.) |
Period of completion |
1 |
2 |
3 |
4 |
5 |
6 |
Rs. 25 crores & above
1% of Estimated cost
subject to a max.
amount of Rs. 50 lacs.
less than Rs.25 crores
1% of Estimated cost
subject to a max
amount of * Rs. ………….
* (To be stipulated at the
discretion of the Employer).
Seal of office
FORMAT
[STANDARD BIDDING DOCUMENTS]
SECTION 1: INSTRUCTIONS TO BIDDERS
SECTION 1: INSTRUCTIONS TO BIDDERS
Table of Clauses |
Page No. |
Page No. |
||
A. General 1 Scope of Bid 2 Source of Funds 3 Eligible Bidders 4 Qualification of the Bidder 5 One Bid per Bidder 6 Cost of Bidding 7 Site Visit 8 Content of Bidding Documents 9 Clarification of Bidding Documents 10 Amendment of Bidding Documents
11 Language of Bid 12 Documents Comprising the Bid 13 Bid Prices 14 Currencies of Bid and Payment 15 Bid Validity 16 Bid Security 17 Alternative Proposals by Bidders 18 Format and Signing of Bid
|
15 15 15 16 20 20 20
21 21 22
22 22 22 23 23 24 25 25 |
D. 19
20 21 22
E. 23 24 25 26
27 28 29 30 F. 31 32 33 34 35 36 37 |
Sealing and Marking of Bids
Deadline for submission of Bids Late Bids Modification and Withdrawal of Bids
Bid Opening BLANK Clarification of Bids Examination of Bids and Determination of Responsiveness Correction of Errors BLANK Evaluation and Comparison of Bids BLANK Award Criteria BLANK Notification of Award Performance Security Advance Payment and Security Conciliator Corrupt or Fraudulent Practices |
25
26 26 26
27 27 27
28 28 29 29 29
29 29 30 30 30 31 31 |
1. Scope of Bid
1.1 The……………………... (referred to as Employer in these documents) invites bids for the construction of works (as defined in these documents and referred to as "the works") detailed in the table given in IFB. The bidders may submit bids for any or all of the works detailed in the table given in IFB.
1.2 The successful bidder will be expected to complete the works by the intended completion date specified in the Contract data.
2. Source of Funds
2.1 The Employer has arranged the funds from ……………………(indicate the source) and will have sufficient funds in Indian currency for execution of the works.
3. Eligible Bidders
3.1. The Invitation for Bids is open to all eligible bidders meeting the eligibility criteria as defined in clause no. 3.5
3.2 All bidders shall provide in Section 2, Forms of Bid and Qualification Information, a statement that the Bidder is not associated, nor has been associated in the past, directly or indirectly, with the Consultant or any other entity that has prepared the design, specifications, and other documents for the Project Manager for the Contract. A firm that has been engaged by the Employer to provide consulting services for the preparation or supervision of the works, and any of its affiliates, shall not be eligible to bid.
3.3. Government-owned enterprises may only participate if they are legally and financially autonomous, operate under commercial law and are not a dependent agency of the Employer.
3.4 Bidders shall not be under a declaration of ineligibility for corrupt and fraudulent practices issued by the employer in accordance with sub-clause 37.1
3.5 Eligibility Criteria
a) The Bidder must have experience on similar works executed during the last five years. Details like monetary value, clients, proof of satisfactory completion should be submitted for establishing eligibility.
b) Registration if any with specified deptts/organisations, class/type of registration.
c) Documentary evidence of adequate financial standing.
The employer would quantify the criteria as below.
TABLE
S.No. |
Experience of works |
Details of Registration |
Requirements to display financial standing. |
1. |
Performance parameters |
i) Registration |
i) Solvency certificate from bankers for….(value) |
2. |
Equipment requirements |
||
3. |
Managerial requirements |
ii) Grade obtained under CIDC-ICRA grading |
ii) Turn over in last …. years |
4. |
Manpower requirement |
iii) Any other |
4. Qualification of the Bidder
4.1 All bidders shall provide in Section 2, Form of Bid and Qualification Information, a preliminary description of the proposed work method and schedule, including drawings and charts, as necessary.
4.2 In the event that Pre-qualification of potential bidders has been undertaken, only bids from prequalified bidders will be considered for award for Contract. These qualified bidders should submit with their bids any information updating their original prequalification applications or, alternatively, confirm in their bids that the originally submitted prequalification information remains essentially correct as of date of bid submission. The update or confirmation should be provided in Section 2.
Pre-qualification Information to be called for :-
a) Constitution and legal status. Joint-venturing or other tie-ups for technology, equipment, financial backing and / or project management.
b) Registration ( class and type ) with specified agencies and previous pre-qualification (s) for similar projects, including the grade awarded under CIDC -ICRA grading programme.
c) Experience on similar work(s) during last 5 years with details including year wise monetary value, Clients, and proof of satisfactory completion of works.
d) Financial standing as certified by Bankers, Audited Profit & Loss A/c and Balance Sheet, Annual turnover in last 5 years, access to adequate working capital.
e) Construction Equipment proposed to be deployed for the project and proof of its availability; equipment proposed to be purchased or leased.
f) Key personnel available and proposed to be engaged for management, and supervision of the Project, their qualifications and experience.
g) Project, planning & quality control procedures to be adopted.
h) Information regarding projects in hand, current litigation, orders regarding exclusion, expulsion or black listing, if any.
The capacity of a construction agency to take up a new project under consideration in addition to his present commitments must be carefully assessed on the basis of the above information. (The method of this assessment may be left to the Employer or his Consultants).
4.3 If the Employer has not undertaken prequalification of potential bidders, all bidders shall include the following information and documents with their bids in Section 2.
(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 monetary value of construction work performed for each of the last five years;
(c) experience in works of a similar nature and size for each of the last five years, and details of works under way or contractually committed; and Employers who may be contacted for further information on those contracts;
(d) major items of construction equipment proposed to carry out the Contract;
(e) qualifications and experience of key site management and technical personnel proposed for the Contract;
(f) reports on the financial standing of the Bidder, such as profit and loss statements and auditor's reports for the past five years;
(g) evidence of adequacy of working capital for this contract (access to line(s) of credit and availability of other financial resources)
(h) authority to seek references from the Bidder's bankers;
(i) information regarding any litigation, current or during the last five years, in which the Bidder is involved, the parties concerned, and disputed amount;
(j) proposals for subcontracting components of the Works amounting to more than 10 percent of the Bid Price (for each, the qualifications and experience of the identified sub-contractor in the relevant field should be annexed); and
(k) the proposed methodology and program of construction, backed with equipment planning and deployment, duly supported with broad calculations and quality control procedures proposed to be adopted, justifying their capability of execution and completion of the work as per technical specifications within the stipulated period of completion as per milestones (for all contracts over Rs. 10M)
4.4 A. To qualify for award of the contract, each bidder in its name should have in the last five years i.e……………………………*
(a) achieved a minimum annual financial turnover of (in all classes of civil Nodal Officer or his nominee projec/constrction works only) of Rs…… @ in any one year (usually not less than two and a half times of the estimated annual payments under the contract);
(b) satisfactorily completed (not less than 75% of contract value), as a prime contractor at least one similar work of value not less than Rs……@ (usually not less than 50% of estimated value of contract);
(c) executed in any one year, the following minimum quantities of work:
- cement concrete (including RCC and PSC) ……..cum
- earthwork in both excavation and embankment
(combined quantities) ……..cum
- …………………………………… ……..cum
- …………………………………… ……..cum
(usually 80% of the expected peak rate of construction)
(d) The Bidder or his identified sub-contractor should possess required valid electrical license for executing the building electrification works and should have executed similar electrical works totalling Rupees………..@** in any one year.
(e) The Bidder should have minimum .... Grade, under ClDC-ICRA grading scheme.
(f) The contractor or his identified sub-contractor should possess required valid license for executing the water supply/sanitary Nodal Officer or his nominee works and should have executed similar water supply sanitary Nodal Officer or his nominee works totalling Rupees…………*** in any one year.
* Specify the financial years; they should be those immediately preceding the financial year which the bids are received
** The financial year in which bids are received.
*** at least 50% of the estimated value of electrical/water supply works
@ at ____________ ** price level, Financial turnover and cost of completed works of previous years shall be given weightage of 10% per year to bring tiem to _______price level**
B. Each bidder should further demonstrate:
(a) availability (either owned or leased or by procurement against mobilization advances) of the following key and critical equipment for this work:
- ……………………………………….
- ……………………………………….
- ……………………………………….
- ……………………………………….
(NOTE: To be included for bids valued over Rs.10 million only)
Based on the studies, carried out by the Nodal Officer or his nominee the minimum suggested major equipment to attain the completion of works in accordance with the prescribed construction schedule are shown in the above list.
The bidders should, however, undertake their own studies and furnish with their bid a detailed construction planning and methodology supported with layout and necessary drawings and calculations (detailed) as stated in clause 4.3(k) above to allow the employer to review their proposals. The numbers, types and capacities of each plant/equipment shall be shown in the proposals along with the cycle time for each operation for the given production capacity to match the requirements.
(b) availability for this work of a Project Manager with not less than five years experience in implementation/constrction of similar civil Nodal Officer or his nominee works and other key personnel with adequate experience as required; and
(c) liquid assets and/or availability of credit facilities of not less than Rs.......... million.
(Credit lines/letter of credit/certificates from Banks for meeting the funds requirements etc. - usually the equivalent of the estimated cash flow for 3 months in peak construction period.)
4.5 C. To qualify for a package of contracts made up of this and other contracts for which bids are invited in the IFB, the bidder must demonstrate having experience and resources sufficient to meet the aggregate of the qualifying criteria for the individual contracts.
4.6 Sub-contractors’ experience and resources shall not be taken into account in determining the bidder’s compliance with the qualifying criteria except to the extent stated in 4.4 (A) above.
4.7 Bidders who meet the minimum qualification criteria will be qualified only if their available bid capacity is more than the total bid value. The available bid capacity will be calculated as under:-
Assessed Available Bid capacity = AxNx2-B, where
'N' = Number of years prescribed for completion of the subject contract.
'A' maximum value of works executed in any one year during last five years (at current price level).
'B' = Value at current price level of existing commitments and on going works to be completed in the next 'N' years.
Note: The Bidder shall furnish statements showing the value of existing commitments and on-going works as well as the stipulated period of completion remaining for each of the works preferably countersigned by the Nodal Officer or his nominee - in - charge.
4.8 Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have:
- made misleading or false representations in the forms, statements and attachments submitted in proof of the qualification requirements; and/or
- record of poor performance such as abandoning the works, not properly completing the contract, inordinate delays in completion, litigation history, or financial failures etc., and/or
5. One Bid per Bidder
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 and 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 Bidders' own expense.
B. BIDDING DOCUMENTS
8. Content of Bidding Documents
8.1 The set of bidding documents comprises the documents listed in the table below and addenda issued in accordance with Clause 10:
Invitation for Bids (IFB)
Section 1 1 Instructions to Bidders
2 Forms of Bid and Qualification Information
3 Conditions of Contract
4 Contract Data
5 Specifications
6 Drawings
7 Bills of Quantities
8 Forms of Securities
8.2 Of the three sets of the bidding documents supplied, two sets should be completed and returned with the bid.
9. Clarification of the Bidding Documents
9.1 A prospective bidder requiring any clarification of the bidding documents may notify the employer in writing or by cable (hereinafter "cable" includes telex and facsimile) at the Employer's address indicated in the invitation to bid. The Employer will respond to any request for clarification which he received earlier than 15 days prior to the deadline for submission of bids. Copies of the Employer's response will be forwarded to all purchasers of the bidding documents, including a description of the enquiry but without identifying its source.
9.2 Pre-bid meeting
9.2.1 The bidder or his official representative is invited to attend a pre-bid meeting which will take place at_______________(address of venue) on______________(time and date).
9.2.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.
9.2.3 The bidder is requested to submit any questions in writing or by cable to reach the Employer not later than one week before the meeting.
9.2.4 Minutes of the meeting, including the text of the questions raised (without identifying the source of enquiry) and the responses given will be transmitted without delay to all purchasers of the bidding documents. Any modification of the bidding documents listed in Sub-Clause 8.1 which may become necessary as a result of the pre-bid meeting shall be made by the Employer exclusively through the issue of an Addendum pursuant to Clause 10 and not through the minutes of the pre-bid meeting.
9.2.5 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 using addenda.
10.2 Any addendum thus issued shall be part of the bidding documents and shall be communicated in writing or by cable to all the purchasers of the bidding documents. Prospective bidders shall acknowledge receipt of each addendum by cable to the Employer.
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 Sub-Clause 20.2 below.
C. PREPARATION OF BIDS
11. Language of the Bid
11.1 All documents relating to the bid shall be in the English language.
12. Documents comprising the Bid
12.1 The bid submitted by the bidder shall comprise the following:
a) The Bid (in the format indicated in Section 2)
b) Bid Security
c) Priced Bill of Quantities
d) Qualification Information Form and Documents
and any other materials required to be completed and submitted by bidders in accordance with these instructions. The documents listed under Sections 2,4 and 7 of Sub-Clause 8.1 shall be filled in without exception.
13. Bid Prices
13.1 The contract shall be for the whole works as described in Sub-Clause 1.1, based on the priced Bill of Quantities submitted by the Bidder.
13.2 The bidder shall fill in rates and prices for all items of the Works described in the Bill of Quantities. Items for which no rate or price is entered by the bidder will not be paid for by the Employer when executed and shall be deemed covered by the other rates and prices in the Bill of Quantities. Corrections, if any, shall be made by crossing out, initiating, dating and rewriting.
13.3 All duties, taxes, 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.
13.4* The rates and prices quoted by the bidder shall be fixed for the duration of the Contract and shall not be subject to adjustment on any account.
OR
13.4* The rates and prices quoted by the bidder are subject to adjustment during the performance of the Contract in accordance with the provisions of Clause 47 of the Conditions of Contract.
14. Curriencies of Bid and Payment
14.1 The unit rates and the prices shall be quoted by the bidder entirely in Indian Rupees.
15. Bid Validity.
15.1 Bids shall remain valid for a period not less than twenty eight days after the deadline date for bid submission specified in Clause 20. A bid valid for a shorter period shall be rejected by the Employer as non-responsive
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 cable. A bidder may refuse the request without forfeiting his bid security. A bidder agreeing to the request will not be required or permitted to modify his bid except as provided in 15.3 hereinafter, but will be required to extend the validity of his bid security, or a period of the extension, and in compliance with Clause 16 in all respects.
15.3 In the case of contracts in which the Contract Price is fixed (not subject to price adjustment), in the event that the Employer requests and the Bidder agrees to an extension of the validity period, the contract price, if the Bidder is selected for award shall be the bid price corrected as follows:
The price shall be increased by the factor (value of factor B) 1 for each week or part of a week that has elapsed from the expiration of the initial bid validity to the date of issue of letter of acceptance to the successful Bidder.
15.4 Bid evaluation will be based on the bid prices without taking into consideration the above correction
* Choose one and delete the other.
1 The value of B is based on the country's project inflation for the period in question. The Employer inserts the value in the bid documents prior to issue.
16 Bid Security
16.1 The Bidder' shall furnish, as part of his Bid, a Bid Security in the amount as shown in column 4 of the table of IFB for this particular work. This bid security shall be in favour of………………………………………….. and may be in one of the following forms:
- a bank guarantee issued by a nationalised/scheduled bank located in India or a foreign Bank located in India and acceptable to the Employer in the form given in Section 8 or another form acceptable to the Employer, or
- Certified cheque or Bank draft in favour of …………….. payable at ………..
- ………………………………………………..
- ………………………………………………..
16.2 Bank guarantees (and other instruments having fixed validity) issued as surety for the bid shall be valid for 28 days beyond the validity of the bid.
16.3 Any bid not accompanied by an acceptable Bid Security and not secured as indicated in Sub-Clauses 16.1 and 16.2 above shall be rejected by the Employer as non-responsive.
16.4 The Bid Security of unsuccessful bidders will be returned within 28 days of the end of the bid validity period specified in Sub-Clause 15. 1.
16.5 The Bid Security of the successful bidder will be discharged after he has signed the Agreement and furnished the required Performance Security.
16.6 The Bid Security may be forfeited, if
(a) the Bidder withdraws the Bid after Bid opening during the period of Bid Validity;
(b) the Bidder does not accept the correction of the Bid Price, pursuant to Clause 27; or
(c) the sucessfull Bidder fails within the specified time,limit to
(i) sign the Agreement or
(ii) furnish the required Performance Security.
17 Alternative Proposals by Bidders
17.1 Bidders shall submit offers that comply with the requirements of the bidding documents, including the basic technical design as indicated in the drawing and specifications. Alternatives will not be considered.
18. Format and Signing of Bid
18.1 The Bidder shall prepare one original and one copy of the documents comprising the bid as described in Clause 12 of these Instructions to Bidders, bound with the volume containing the Form of Bid, and clearly marked 'ORIGINAL" and 'COPY" as appropriate. In the event of discrepancy between them, the original shall prevail.
18,2 The original and copy of the Bid shall be typed or written in indelible ink and shall be signed by a person or persons duly authorised to sign on behalf of the Bidder, pursuant to Sub-Clauses 4.3. All pages of the bid where entries or amendments have been made shall be initialled by the person or persons signing the bid.
18.3 The Bid shall contain no alterations or additions, except those to comply with instructions issued by the Employer, or as necessary to correct errors made by the bidder in which case such corrections shall be initialled by the person or persons signing the bid.
D. SUBMISSION OF BIDS
19. Sealing and Marking of Bids
19.1 a) The Bid shall be submitted in two separate sealed envelopes duly marked Envelop 1 and Envelope 2. The Envelope 1 will contain Employer's Bid documents (other than priced BOQ) which will be submitted under formal forwarding letter in standard printed form addressed to the Employer interalia containing an undertaking that the Bid docs not contain any amendment, modification or change of any type whatsoever in the Bid documents and to any amendment issued after pre-bid meeting. The Envelope 2 will contain priced BOQ only giving the unit price and amount against each item with grand total at the end in figures and in words.
19.1 b) The Bidder shall seal the original and copy of the Bid in separate envelopes (Envelope 1 &II), duly marking the envelopes as "ORIGINAL" and "COPY" (Envelope I & II).
(a) be addressed to Employer at the following address:
…………………………………………………………….
…………………………………………………………….
(insert address of office for bid submission), and
(b) bear the following identification:
- Bid for ………………………………….. [name of contract]
- Bid Reference No………………………… [insert number]
- DO NOT OPEN BEFORE …………….. [time and date for bid opening, per Clause 23]
- ORIGINAL / COPY
- Name and address of the bidder.
19.3 lf the outer envelopes are not sealed and marked as above, the Employer will assume no responsibility, for the misplacement or premature opening of the bid.
20. Deadline for Submission of the Bids
20.1 Bids must be received by the Employer at the address specified above not later than ……………………… * In the event of the specified date for the submission of bids being declared a holiday by the Employer, the Bids will be received upto the appointed time on the next working day.
20.2 The Employer may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 10, in which case all rights and obligations of the Employer and the bidders previously subject to the original deadline will then be subject to the new deadline.
21 Late Bids
21.1 Any Bid received by the Employer after the deadline prescribed in Clause 20 will be returned unopened to the bidder.
22 Modification and Withdrawal of Bids
22.1 Bidders may modify or withdraw their bids by giving notice in writing before the deadline prescribed in Clause 20.
22.2 Each Bidder's modification or withdrawal notice shall be prepared, sealed, marked, and delivered in accordance with Clauses 18&19, with the outer and inner envelopes additionally marked "MODIFICATION" or "WITHDRAWAL" as appropriate.
22.3 No bid may be modified after the deadline for submission of Bids.
22.4 Withdrawal or modification of a Bid between the deadline for submission of bids and the expiration of the original period of bid validity in Clause 15.1 above or as extended pursuant to Clause 15.2 may result in the forfeiture of the Bid security pursuant to Clause 16.
22.5 Bidders may only offer discounts to, or otherwise modify the prices of their Bids by submitting Bid modifications in accordance with this clause or included in the original Bid submission.
*Insert time and date; this should be the same as those given in the Invitation for Bids.
E. BID OPENING AND EVALUATION
23. Bid Opening
23.1 On the due date and appointed time as specified in clause 20, the Employer will first open envelopes 1 (original) of all bids received (except those received late) including modifications made pursuant to clause 22 in presence of the Bidders or their representatives who choose to attend. In the event of the specified date for Bid opening being declared a holiday by the Employer, the Bids will be opened at the appointed time and location on the next working day.
23.2 Envelopes marked "WITHDRAWAL" shall be opened and read out first. Bids for which an acceptable notice of withdrawal has been submitted pursuant to Clause 22 shall not be opened.
23.3 If all Bidders have submitted unconditional Bids together with requisite Bid security, thein all Bidders will be so informed then and there. If any Bid contains any deviation from the Bids documents and /or if the same does not contain Bid security in the manner prescribed in the Bid documents, then that Bid will be rejected and the Bidder informed accordingly. The sealed envelopes 2 (original and copy) containing priced BOQ will be returned to him without opening. All other valid Bids shall be opened on the same day after one hour from declaring the results of Envelope 1. The Bidder's name, the Bid prices, the total amount of each Bid and of any alternative Bid (if alternatives have been requested or permitted), any discounts, Bid modifications and withdrawals, and such other details as the Employer may consider appropriate, will be announced by the Employer at the opening. Any bid price, discount, or alternative Bid price which is not read out and recorded at Bid opening, will not be taken into account in Bid evaluation
23.4 The Employer shall prepare minutes of the Bid opening, including the information disclosed to those present in accordance with Sub-Clause 23.3 and the minutes shall form part of the contract.
24. BLANK
25. Clarification of Bids
25.1 To assist in the examination and comparison of Bids, the Employer may, at his discretion, ask any Bidder for clarification of his Bid, including breakdown of unit rates. The request for clarification and the response shall be in writing or by cable, but no change in the price or substance of the Bid shall be sought, offered, or permitted except as required to conform the correction of arithmetic errors discovered by the Employer in the evaluation of the Bids in accordance with Clause 27.
25.2 Subject to sub-clause 25.1, no Bidder shall contact the Employer on any matter relating to his bid from the time of the bid opening to the time the contract is awarded. If the Bidder wishes to bring additional information to the notice of the Employer, he should do so in writing.
25.3 Any effort by the Bidder to influence the Employer's bid evaluation, bid comparison or contract award decisions, may result in the rejection of his bid.
26. Examination of Bids and Determination of Responsiveness
26.1 Prior to detailed evaluation of Bids, the Employer will determine whether each Bid (a) meets the eligibility criteria defined in Clause 3 (b) has been properly signed by an authorised signatory (accredited representative) holding Power of Attorney in his favour. The Power of Attorney shall interalia include a provision to bind the Bidder to settlement of disputes clause; (c) is accompanied by the required Bid security and; (d) is responsive to the requirements of the Bidding documents.
26.2 A responsive Bid is one which conforms to all the terms, conditions and specification of the Bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality or performance of the Works; (b) which limits in any substantial way, 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 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. Correction of Errors
27.1 Bids determined to be responsive will be checked by the Employer for any arithmetic errors. Errors will be corrected by the Employer as follows:
(a) Where there is a discrepancy between the rates in figures and in words, the rate in words will govern; and
(b) where there is a discrepancy between the unit rate and the line item total resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern.
27.2 The amount stated in the Bid will be adjusted by the Employer in accordance with the above procedure for the correction of errors and, with the concurrence of the Bidder, shall be considered as binding upon the bidder. If the Bidder does not accept the corrected amount the Bid will be rejected, and the Bid security may be forfeited in accordance with Sub-Clause 16.6(b).
28. BLANK
29 Evaluation and Comparison of Bids
29.1 The Employer will evaluate and compare only the Bids determined to be responsive in accordance with Clause 26.
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) making any correction for errors pursuant to Clause 27;
(b) making appropriate adjustments to reflect discounts or other price modifications offered in accordance with Sub Clause 22.5
29.3 The Employer reserves the right to accept or reject any alternative offer. Alternative offers 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 taken into account in Bid evaluation.
29.4 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 taken into account in Bid evaluation.
29.5 If the Bid of the successful Bidder is seriously unbalanced in relation to the Nodal Officer or his nominee's estimate of the cost of work to be performed under the contract, the Employer may require the Bidder to produce detailed price analyses for any or all items of the Bill of Quantities, to demonstrate the internal consistency of those prices with the implementation/constrction methods and schedule proposed.
30.0 BLANK
F. AWARD OF CONTRACT
31. Award Criteria
31.1 The Employer will award the Contract to the Bidder whose Bid has been determined to be responsive to the Bidding documents and who has offered the lowest evaluated Bid Price, provided that such Bidder has been determined to be (a) eligible in accordance with the provisions of Clause 3, and (b) qualified in accordance with the provisions of Clause 4.
31.2 The Employer shall award the contract within 15 days of the opening of the priced bids.
32. BLANK
33 Notification of Award and Signing of Agreement.
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 cable, telex or facsimile confirmed by registered letter. This letter ( hereinafter and in the Conditions of Contract called the "letter of Acceptance" ) will state the sum that the Employer will pay the Contractor in consideration of the execution, completion and maintenance of the Works by the Contractor 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 correspondence between the Employer and the successful Bidder. It will be signed by the Employer and sent to the successful Bidder within 28 days following the notification of award along with the Letter of Acceptance. Within 21 days of receipt, the successful Bidder will furnish the performance security and sign the Agreement with the Employer.
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 and release their Bid security.
34. Performance Security
34.1 Within 28 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 5% of the Contract price.
- a bank guarantee in the form given in Section 8; or
- Govt securities, FDR or any other form of deposit stipulated by Employer
- _________________________
34.2 If the performance security is provided by the successful Bidder in the form of a Bank Guarantee, it shall be issued either (a) at the Bidder's option, by a Nationalised/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 of work and forfeiture of the Bid Security.
35. Advance Payment and Security
35.1 The Employer will provide an Advance Payment on the Contract Price as stipulated in
the
Conditions of Contract, subject to maximum amount, as stated in the Contract Data.
36.1 The Employer proposes that …………… [
name of proposed Conciliator] be appointed as conciliator conciliator under the Contract,
at a daily fee of Rs……….. plus reimbursable expenses. If the Bidder
disagrees with this proposal, the Bidder should so state in the Bid. If in the Letter of
Acceptance, the Employer has not agreed to the appointment of the conciliator, the
conciliator shall be appointed by………. [name of Appointing Authority] @ at
the request of either party. 37. Corrupt or Fraudulent Practices
37.1 The Employer requires that Bidders/Suppliers/Contractors under this contract, observe
the
highest standard of ethics during the procurement and execution of this contract. In
pursuance of
this policy, the Employer:
(a) defines, for the purpose of these provisions, the terms set forth
below as follows: (i) "corrupt practice" means the offering, giving, receiving
or soliciting of any thing of value to influence the action of a public official in the
procurement process or in contract execution; and (ii) "fraudulent practice" means a misrepresentation of facts
in order to influence a procurement process or the execution of a contract to the
detriment of the Employer, and includes collusive practice among Bidders (prior to or
after bid submission ) designed to establish bid prices at artificial non-competitive
levels and to deprive the Employer of the benefits of free and open competition.
(b) will reject a proposal for award of work if he determines that the Bidder recommended
for
award has engaged in corrupt or fraudulent practices in competing for the contract in
question.
(c) will declare a Bidder in eligible, either indefinitely or for a
stated period of time, to be awarded a contract/contracts if he at any time determines
that the Bidder has engaged in corrupt or fraudulent practices in competing for, or in
executing, the contract. 37.2 Furthermore, Bidders shall be aware of the provision stated in
sub-clause 23.2 and sub-clause 59.2 of the Conditions of Contract. (Such as ICA, Institution of Surveyors, Institution of Nodal Officer or
his nominees, CIDC, BAI etc.) FORMS OF BID, QUALIFICATION INFORMATION AND LETTER OF ACCEPTANCE
Table of Forms
- CONTRACTOR'S BID - QUALIFICATION INFORMATION - LETTER OF ACCEPTANCE - NOTICE TO PROCEED WITH THE WORK - AGREEMENT FORM CONTRACTOR'S BID Description of the
Works------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------1 BID To ------------------------------------------------------------------------------(the
Employer) Address ----------------------------------------------------------------- -------------------------------------------------------------------------------------------2 GENTLEMEN, We offer to execute the Works described above in accordance with the
Conditions of Contract accompanying this Bid for the Contract Price of______________(in
figures)_______________________________(in letters)3 The advance payment required is Rupees_______________________________ We accept the appointment of___________________________as the
conciliator (OR) We do not accept the appointment of_____________________as the
conciliator and propose instead that ____________________________be appointed as
conciliator whose daily fees and biographical data are attached. This bid and your written acceptance of it shall constitute a binding
contract between us. We understand that you are not bound to accept the lowest or any Bid
you receive. We undertake that, in competing for (and, if the award is made to us,
in executing the above contract, we will strictly observe the laws against fraud and
corruption in force in India namely " Prevention of Corruption Act 1988" We hereby confirm that this Bid complies with the Bid Validity and Bid
Security required by the Bidding documents. We attach herewith our valid income-tax clearance certificate. Yours faithfully, Authorised Signature: Name & Title of Signatory
:__________________________________________ Name of Bidder :__________________________________________ Address :__________________________________________ Notes:
1 To be filled in by the Employer before issue of the Bidding Decrements. 2. To be filled in by the Employer before issue of the Bidding Documents. 3. To be filled in by the Bidder, together with his particulars and
date of submission at the bottom of the form of Bid. INFORMATION REGARDING QUALIFICATION OF BIDDERS The information to be filled in by the Bidder in the following pages
will be used for purposes of post qualification as provided for in Clause 4 of the
Instructions to Bidders. This information will not be incorporated in the Contract. 1. For Individual Bidders 1. 1. Constitution or legal status of Bidder (Attach copy) …..B Place of registration: ____________________________ …..B Principal of place of business ____________________________ (Power of attorney of signatory of Bid (Attach) 1.2. Total value of Civil Nodal Officer or his
nominee19—19-----------------
implementation/constrction work performed in the 19—19---------------- last five
years**
19----19--------------------------------------- (in Rs.
Million)
19—19---------------------------------------
19—19--------------------------------------- 1.3.1 Work performed as prime contractor (in the same
name) on works of a similar nature over the last five years. **
Project Name |
Name of Employer* |
Description of work |
Contract No. |
Value of contract (Rs. Million) |
Dt/of Issue of Work Order |
Stipulated period of completion |
Actual Date of Completion |
Remark explaining reason for delay and work completed
|
* Attach Certificate(s) from the Nodal Officer or his nominee(s) in-charge.
** immediately preceding the financial year in which bids are received
B Attach certificate from Chartered Accountant.
1.3.2 Quantities of work executed as prime contractor (in the same name and style) in the last five years. **
| Year
19-19- 19-19- 19-19- 19-19- 19-19-
|
Name of the work | Quantity of work performed (cum) @ concrete Masonry E/work (including (RCC & PCC) | Remarks* (indicate contract Ref) |
1.4 Information on Bid Capacity(works for which bids have been submitted and works which are yet to be completed) as on the date of this bid.
(A) Existing commitments and on-going works:
Description of work |
Place & state |
Contract No. & Date |
Name and Address of Employer |
Value of Contract (Rs.Million) |
Stiputed period of completion |
Value of works* remaining to be completed (Rs. Million) |
Anticipated date of completion |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
(B) Works for which bids already submitted.
Description of work |
Place & state |
Name and Address of Employer |
Stipulated period of completion |
Date when decision is expected | Remarks if any |
1 |
2 |
3 |
5 |
6 |
8 |
* Attach certificate(s) from the Nodal Officer or his nominee(s) -in-Charge.
1.5 The following items of Contractor's Equipment are essential for carrying out the works. The Bidder should list all the information requested below. Refer also to Sub-Clause.3 (d) of the Instructions to Bidders.
Availability proposals
Item of Equipment |
Requirement No. Capacity |
Owned/leased/to be procured |
Nos / Capacity |
Age / Condition |
Remarks (From whom to be purchased) |
* |
* |
* |
* |
* |
* |
* |
* |
* |
* |
* |
* |
1.6 Qualifications and experience of key personnel proposed for administration and execution of the Contract. Attach biographical data. Refer also to Sub Clause 4.3 (e) of instructions to Bidders and Sub Clause 9.1 of the Conditions of Contract.
Position |
Name |
Qualification |
Years of Experience (general) |
Years of experience in the proposed position |
Project Manager * * * etc. |
* * * * |
* * * * |
* * * * |
* * * * |
1.7 Proposed sub-contracts and firms involved {(Refer ITB Clause 4.3 (j)}
Section of the works |
Value of Sub-contract | Sub-contractor (name and address) | Experience in similar work |
* * * * |
* * * * |
* * * * |
* * * * |
1.8. Financial reports for the last five years: balance sheets, profit and loss statements, auditors' reports (in case of companies/ corporation) etc. List them below and attach copies.
1.9 Evidence of access to financial resources to meet the qualification requirements: cash in hand, lines of credit, etc. List them below and attach copies of support documents.
1.10. Name, address and telephone, telex and fax numbers of the Bidders' bankers who may provide references if contacted by the Employer
1.11 Information on litigation history in which the Bidder is involved.
Other party(ies) |
Employer |
Cause of dispute |
Amount Involved |
Remarks showing present status. |
1.12 Statement of compliance under the requirements of Sub Clause 3.2 of the instructions to Bidders.
---------------------------------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------------------------------
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1.13 Proposed work method and schedule. The Bidder should attach descriptions, drawings and charts as necessary to comply with the requirements of the Bidding documents. [Refer ITB Clause 4.1 and 4.3 (k)]
2. blank.
3 Additional Requirements
3.1 Bidders should provide any additional information required to fulfil the requirements of Clause 4 of the Instructions to the Bidders, if applicable.
LETTER OF ACCEPTANCE
(On letterhead paper of the Employer)
_________(date)
To: ______________________________________________(name and address of the Contractor)
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 Instructions to Bidders) for the Contract Price of Rupees ___________________________________________________ (________________) (amount in words and figures as corrected and modified in accordance with the Instructions to Bidders is hereby accepted by our Agency.
We accept / do not accept that __________________________be appointed as the Consiliator 2
You are hereby requested to furnish Performance Security, in the form detailed in para 34.1 of ITB for an amount of Rs.______ within 21 days of the receipt of this letter of acceptance valid upto 28 days from the date of expiry of taking over certificate subject to removal of defects Period i.e. upto ______and sign the contract, failing which action as stated in para 34.3 of ITB will be taken.
Please acknowledge receipt.
Yours faithfully,
Authorised Signature
Name and Title of Signatory
Name of Agency.
--------------------
1. Delete "corrected and "or" and modified" if only one of these action applies.