Phone No. : (033) Fax No. : (033)

(1)

GOVERNMENT OF WEST BENGAL

OFFICE OF THE

SUPERINTENDING ENGINEER

EASTERN CIRCLE, PUBLIC WORKS DEPARTMENT

45, Ganesh Chandra Avenue, 4

th

Floor, Kolkata – 700013

Phone No. : (033) – 22158103 Fax No. : (033) – 22346162 e-mail: [email protected]

Memo No. Date:

NOTICE INVITING

e

-TENDER NO.WBPWD/SE/EC/NIT-07 of 2015 – 2016 OF SUPERINTENDING ENGINEER, EASTERN CIRCLE, P.W.D.

The Superintending Engineer, Eastern Circle, Public Works Department invites e-Tender Only from the reputed and bonafied outsider for the works detailed in the table below (Submission of Bid online)

Name & address of the Concerned Division : Barasat Division, P.W.D Champadali More, P.O. Barasat, Kolkata – 700124 Ph. No. 25523373, 25842694/95 Fax:25523436 E-mail: [email protected]

Sl. No.

Name of the Work Estimated Amount (Rs) Earnest Money (Rs) Price of Technical, Financial Bid Documents (`) (Non-refundable) Period of Completion Remarks 1. Strengthening of Barasat-Basirhat Road from 30.00 kmp to 33.00 kmp, 33.15 kmp to 36.00 kmp & 38.00 kmp to 40.00 kmp under Barasat Division during 2015-16. (under 14th Finance Commission). Rs.4,27,98,198.00 2.00 % of the estimated amount put to tender in the form of bank Draft / Pay order from any

nationalized Bank in favour of Executive Engineer, P.W.D. Barasat Division Nil As per Notification no. 199- CRC/2M-10/2012 dated 21.12.12 of Secretary to the Govt. of West Bengal 120 (One hundred

Twenty days) NIL

2. Upgradation of Sayestanagar-Kaijuri-Chituri Road from 0.00 Kmp to 17.70 Km under Barasat Division during 2015-16 (under 14th Finance Commission) Rs.3,72,76,414.00 Do DO 120 (One hundred

(2)

Eligibility of Bidders:- i). Intending Tenderers should produce credentials of a similar nature of completed works of the minimum value of 40% of the estimated amount put to tender during 5(five) years prior to the date of issue of this tender notice i.e. not before than June 2010. (price upto dated @ 10% per annum, compoundable from the date of completion of the work) or, ii). Intending Tenderers should produce credentials of 2(two) similar nature of completed works, each of the minimum value of 30% of the estimated amount put to tender during 5(five) years prior to the date of issue of this tender notice i.e. not before than June 2010. (price upto dated @ 10% per annum, compoundable from the date of completion of the work)or,

iii). Intending Tenderers should produce credentials of one single running work of similar nature which has been completed to the extent of 80% or more and value of which is not less than the desired value at (i) above,

iv). In case of running works, only those tenderers who will submit the certificate of satisfactory running work from the concerned Executive Engineer, or equivalent competent authority will be eligible for the tender. In the required certificate it should be clearly stated that the work is in progress satisfactorily and also that no penal action has been initiated against the executed agency, i.e., the tenderer..

3. Strengthening of Hingalgunj-Dulduli Road from 12.50 Kmp to 33.60 Kmp (D.L.P free Zone) under Barasat Division during 2015-16. (Under 14th Finance Commission) Rs.7,45,61,858.00 2.00 % of the estimated amount put to tender in the form of bank Draft / Pay order from any

nationalized Bank in favour of Executive Engineer, P.W.D. Barasat Division Nil As per Notification no. 199- CRC/2M-10/2012 dated 21.12.12 of Secretary to the Govt. of West Bengal 180 (One hundred eighty days) Experience of similar nature of works in revering island 4. Construction of L type retaining wall and restoration of adjacent road near pond together with hard shouldering (0.00 Kmp.to 7.00 kmp) at Gaighata- Gobardanga Road under Barasat Division during 2015-16 (14th Finance Commission) . Rs.2,32,78,867.00 DO Do 90 (Ninety days) Experience of similar nature of works of retaining wall, culverts etc. &

480 cum. M20/M25 grade rigid concrete work 5. I.R.Q.P. to Helancha- Sindrani-Duttaphulia Road (SH-3) from 0.00 kmp to 10.00 kmp under Barasat Division during 2015-16(14th Finanace Commission) Rs.4,20,99,719.00 Do Do 120 (One hundred

(3)

i). Payment Certificate will not be treated as credential.

ii).Credential certificate issued by the Executive Engineer or equivalent or competent authority of a State/Central Government, State/Central Government undertaking, Statutory/Autonomous bodies constituted under the central/ State statute, on the executed value completed / running work will be taken as credential.

(To be documented through e-filing) [Non Statutory Documents]

1. In the event of e-filling intending bidder may download the tender document from the website https:// etender.wb.nic.in directly with the help of Digital Signature Certificate and necessary cost of earnest money may be remitted through demand draft /pay order issued from any Nationalized Bank to be drawn in favour of the Executive Engineer, Barasat Division, PWD and the same to be documented along with earnest money (as per detailed in “Instruction to Bidder”) through e-filling. The L1 bidder shall submit the hard copy of the draft to the tender inviting authority with his acceptance letter of the LOI. Failure to submit the hard copy with the acceptance letter within the time period prescribed for the purpose, may be construed as an attempt to disturb the tendering process and dealt with accordingly legally including blacklisting of the bidder, as per order no. 1592-F(Y) dated 20.03.2014.

2. The FINANCIAL OFFER of the prospective Bidder will be considered only if the Technical BID of the Bidder found qualified by the evaluation committee formed vide G.O. no. 3330-ENC/2012 dt. 19.03.2012 of the Engineer in Chief & Ex-officio Secretary, P.W.D. the decision of the evaluation committee will be final and absolute in this respect. The both list of qualified Bidder will be displayed in the website & also in the notice board of the office of the Superintending Engineer, P.W.D. Eastern Circle by the Chairman of the evaluation committee in the schedule date & time.

3. Eligibility Criterion for participation in the tender

i) The prospective Bidders are required to submit copies of current Income Tax return along with PAN, VAT registration Certificate & current Professional Tax receipt Challan (to be documented through e-filing)

ii) Registered Partnership deed should be furnished (for partnership firm only) along with Power of Attorney to sign on the tender documents. (if required) and the company shall furnish the Article of Association and Memorandum. (to be documented through e-filing) iii) For registered unemployed Engineers Co-operative Societies /unemployed Labour Co-operative

Societies work completion certificate and payment certificate from Engineer in Charge for similar nature of works done satisfactorily as primary agency having credential as above. (to be documented through e-filing)

iv) Declaration regarding structure and the organization.(to be documented through e-filing) v) Registered Unemployed Engineers Co-operative Societies / Unemployed Labour Co-operative

Societies are required to furnish current Tax return along with PAN, VAT registration Certificate & Professional Tax receipt Challan for the current year, Registration Certificate, valid Bye Law, Current Audit Report along with other relevant supporting papers. (to be documented through e-filing)

vi) For Registered Unemployed Engineers Co-operative Societies should submit documents of the society consists at least 10(ten) members out of which at least 60% should hold Degree / Diploma in any branch in engineering as per memo no. 44-A/4M-11/2002 dt. 09.01.2004 of Deputy Secretary III, P.W.D.

(4)

vii) Joint Venture will be allowed. ( Respective Clauses for the provision of Joint Venture

is given in the Section – B followed by the instructions to the Bidders and should filled up all the relevant Forms )

viii) In case of proprietorship & partnership firms and company tax audited report in 3CD form to be furnish along with balance sheet and profit & loss account and all schedules forming the part of balance sheet and profit & loss account. Tax audited report balance & profit & loss A/c including all schedules forming the part of balance sheet and profit& loss A/c should be in favour of applicant. No other name along with applicant name, in such enclose will be entertained. (should be documented through e-filing)

ix) The Working Capital shall not be less than 15% (Fifteen) percent of the amount put to tender out of which minimum 10% shall be of applicants’ own resource.

x) The prospective bidder should own / hired through lease agreement in between leaser & lessee as required plant & machinery (Detail as mentioned in Sl. No.15/NIT).The required plant & machineries of prescribed specification as shown in format (Sec. B Form – IV).Conclusive proof of own / hired (Tax invoice, waybill, delivery challan,

in corporation in the balance sheet as fixed assets for own and lease agreement in between leaser & lessee for hired) for each plant & machineries in working condition shall have to be submitted. Present location of installation of main plant & machineries and status as mentioned in specified format (vide Cl. No. B.4.1/ section B) has also to be disclosed. If the same is already engaged in other works, then name of

client along with his contact no. should be furnished in the declaration by the intended bidder countersigned by the client with tentative date of release of such plant & machineries where the same are presently engaged. If necessary, authority screening committee may inspect plant & machinery physically or called for the original documents as proof of ownership of the same (to be documented through e-filling).

Bidder should fill and signed the Annexure – IV regarding declaration of ownership of machineries and uploaded through e-filling.

xi) The prospective Bidder Should have in their full time engagement experienced technical personnel, the minimum being one Degree holder Civil Engineer / one Diploma holder Civil Engineer (Authenticated document in respect of qualification and engagement shall have to be documented through e-filing)

4. Issuance of work order as well as payment will depend on availability of fund and no claim what so ever will be entertained for delay of Issuance of work order as well as payment, if any. Intending tenderers may consider this criterion quoting their rates or the authority may restricted the total expenditure upto the current Administratively Approved amount.

5. The selected Bidder, during execution of the job may not get a running payment unless the gross amount of running bill would reach 50(Fifty) lakh or 30% of the tendered amount whichever is less. Provisions in Clause(s) 7, 8 & 9 contained in W.B. Form No. 2911(ii) so far as they related to quantum and frequencies of payment are to be treated as superseded.

6. There shall be no provision of Arbitration. Hence clause 25of the West Bengal Form No. 2911(ii) shall not be allowed vide memo no.558/SPW dated 13.12.2011 of P.W.D. Establishment Branch.

7. Constructional Labour Welfare Cess@1 %( One percent) of the cost of construction will be deducted from every bill of the selected agency. VAT, Royalty & all other Statutory Levy / Cess will have to be borne by the contractor. As the rates in the Schedule of rate are inclusive of all the taxes & Cess as stated above.

(5)

8. The available Bid Capacity (to be calculated on the basis of prescribed format Annexure – A, Form-I & Form – II of Section - B) of the prospective applicant shall not be less than the Estimated amount put to tender.

All the documents to be submitted in support of Annexure –A must be duly signed and sealed by the applicant /bidder and authenticated by Statutory Auditor’s Firm

9. The Contractor will have to submit the receipt of payment of Royalty to the Government for use of sand, stone materials, laterite, Moorum, gravel etc. to the Engineer-In-charge before preparation of bill for payment, when they collect the materials directly from the source. If they collect the materials from the authorized quarry holder or commercials establishment who directly or indirectly pay the royalty to the Government, necessary certificate or cash memo for sale in that respect from them shall have to be produced to the Engineer-In-Charge failing which necessary deduction from the dues of the contractor may be made as fixed by the Engineer-In-Charge.

10. Bids will remain valid for a period not less than 120 days (One Hundred twenty days) after the deadline date for financial offer submission and necessary affidavit in the form of non-judicial stamp paper required to be furnished along with Financial Bid. Offer valid for a shorter period shall be rejected by screening committee as non-responsive. If the Bidder withdraws the Bid during the period of Bid validity his Earnest Money Deposited to be forfeited.

11. All materials both Civil & Electrical including bitumen (of all grade), bitumen emulsion, cement, steel, electrical installations shall be of approved brand in accordance with relevant I.S. code of practice and manufacture accordingly and shall be procured and supplied by the agency at their own cost. Authenticated evidence for purchase of bitumen, bitumen emulsion, cement, steel and electrical installations which are required for the project have to be submitted along with challan and test certificate. If required by the Engineer in Charge, further testing from any Government approved Testing laboratory shall have to be conducted by the agency at their own cost. Only Bitumen (Bulk)VG30 (60/70 & Bitumen emulsion (packed) M.S. type) of Indian Oil/Bharat Petroleum/Hindustan Petroleum will be permitted as Straight run bitumen& penetration grade bitumen

12. No Mobilization Advance / Secured Advance will be allowed.

13. For any typographical mistake in case of Unit, Rate, Quantity, Amount, any type of nomenclature in items of works / item itself including description etc. whatsoever as stated in BOQ, that cant’be claimed during agreement or so. In that case sanctioned estimate will be binding criteria.

14. Prospective Bidders should note carefully the minimum qualification criteria as mentioned in instruction to bidders before tendering the bids.

15. No Conditional / Incomplete Bid /. Tender will be accepted under any circumstances.

16. Requirement of Principal Machineries which must be possessed by [Non Statutory Document).

The maximum age of the plants, machineries and works related equipments will be placed according to the Memorandum vide Ref. Memo no-293/W (C)/1M-24/15 Dated-15th June, 2015. of Principal Secretary to the Govt. of West Bengal. P.W.D.

N.B.: Required machineries will be placed as per rule

17. Before uploading tender document through e-filing each page of the tender documents are to be signed by the Bidder/ owner/ partner / authorized signatories having legal authority to do so, failing which the Bid will be treated as informal.

(6)

18. The intending Bidders shall clearly understand that whatever may be the outcome of the present invitation of the Bid, no cost of Bidding shall be reimbursable by the Department. The Superintending Engineer, Eastern Circle, PWD reserves the right to accept or reject any / all offer without assigning any reason whatsoever and is not liable for any cost that might have incurred by the Bidder at the stage of Bidding. 19. IMPORTANT INFORMATION

A. Current Schedule of Rates of Roads & Bridge, Building, S&P and Electrical Works with latest addenda & Corrigendum of P.W. Directorate, Government of West Bengal w.e.f 01.07.2014 will be applicable in this Tender.

B. Date & Time Schedule

Sl. No.

PARTICULAR DATE & TIME

i) Date of uploading of N.I.T and Tender Documents (online) (Publishing date)

10.09.2015

ii) Documents Sell / download start date (online) 11.09.2015 At 10.00 A.M. iii) Bid Submission Upload Start date (online) 11.09.2015 at 11.00 A.M. iv) Bid Submission Upload End date (online) 06.10.2015 upto 3.00 P.M. v) Date & Place for Opening of technical Bid (online) 07.10.2015 At 11.00A.M. vi) Date of uploading list of technically qualified bidder (online) To be Notified later on vii) Date of opening financial Bid (online) To be Notified later on viii) Date of uploading the list of bidder along with their rates

through online, also if necessary for further negotiation through offline to finalized the rate

To be Notified later on

C: LOCATION OF CRITICAL EVENTS

Bid Opening: “Office of the Superintending Engineer Eastern Circle 45, Ganesh Chandra Avenue 4th floor KOLKATA – 700013”

Interested bidder or his authorized representative may be presented at during opening of Bid. Superintending Engineer, Eastern Circle, PWD may call open bid /sealed bid after opening of the said bid to obtain the suitable rate further, if it is required. No objection in this respect will be entertained if raised by any bidder present or absent during opening of tender.

20. In case of any unscheduled holiday on the aforesaid dates [Sl. (vi) &( vii)}, the next working day will be treated as schedule / prescribed date for the same purpose

21. Earnest Money @2.00% of the estimated amount put to tender in the shape of Bank Draft or Pay order of any Nationalized Bank to be drawn in favour of the concerned Executive Engineer, PWD is to be documented through e-filling The L1 bidder shall submit the hard copy of the draft to the tender inviting authority with his acceptance letter of the LOI. Failure to submit the hard copy with the acceptance letter within the time period prescribed for the purpose, may be construed as an attempt to disturb the tendering process and dealt with accordingly legally including blacklisting of the bidder, as per order no. 1592-F(Y)

dated 20.03.2014. Balance amount of earnest money if any required (calculated on the basis of 2% of total quoted value) has to be deposited by the successful bidders in the form of demand draft or pay order of any Nationalized Bank to be drawn in favour of the concerned Executive Engineer, PWD at the time of execution of Formal Agreement. The earnest money of the successful bidders (being converted to security deposit) deposited, will remain under the custody of the department till satisfactory completion of the work in full including extended quantity if ordered for. Besides this, necessary percentages shall be deducted from the progressive bids so as to make it 10%(Ten percent) of the value of work billed for. 22. Provision of fixed permanent security for exemption for payment of earnest money as been

deleted vide PWD (Accounts Branch) Notification No. 24-A/2D-13/2010 dated 31.01.2014. 23. The Earnest Money of the unsuccessful Bidder (s) will be refunded from the office of the

Executive Engineer P.W.D. concerned with the Work, after He/She/They is/are to apply for the same, giving the reference to the Work, NIT No., date of Tender, amount and mode of Earnest

(7)

Money deposited – all in a complete form. The Earnest Money of all the tenderers other than lowest tenderers should be refunded as per norms laid down in the Notification No. 451-A/PW/O/10C-35/10 dated 26.07.2011 of Accounts Branch, P.W.D.

24. The successful Bidder shall have to execute Formal Agreement with Superintending Engineer; P.W.D. Eastern Circle through the concerned Executive Engineer, P.W.D. in triplicate copies of printed form no. W.B.F. 2911(ii) within 7(Seven) days from the issuance of Letter of Acceptance. All document required for execution of Formal Agreement along with WBF 2911(ii) are to be purchased from the Office of the concerned Executive Engineer, P.W.D. On usual payment of cost as per Notification no 452-A/PW/O/10C-35/10. Dated 26th July 2011.of per set . The Formal Agreement comprises of the following documents and forms a part of the Agreement.

i) WBF 2911 (ii) printed form

ii) Specific priced schedule of the work. iii) Financial Bid.

iv) Notice Inviting Tender v) Special Terms & Conditions vi) Letter of Acceptance.

25. The concerned Executive Engineer, P.W.D. will issue work order along with necessary information in this regard.

26. Bank guarantee shall not be accepted for the purpose of the security

27. Agency shall have to arrange required land for installation of Plant & machineries (Specified for the awarded work), storing materials, labour shade etc. at their own cost and responsibility nearest to the work site.

28. If any tenderer withdraws his offer before acceptance or refuse within a reasonable time without giving any satisfactory explanation for such withdrawals, he shall be disqualified for submitting tender to this Circle and Division and Sub-Division under this Circle for minimum period of 1(one) year.

29. No Adjustment of Price or Price Escalation of any kind will be allowed. Notification No. 23-CRC/2M-61/2008 dated 13.03.2009 & Notification No. 38-CRC/2M-23-CRC/2M-61/2008 dated 20.04.2009 shall not be applicable for the job included in this NIT.

30. The intending bidder(s) required to quote the rate (percentage above/below/at per) over the total estimated cost pto tender online considering that no escalation and / or price adjustment will be allowed by the department under any circumstances.

31. The Bidder, at the Bidder’s own Responsibility and risk is encouraged to visit and examine the site of works and its surroundings and obtained all information that may be necessary for preparing Bid and entering into an agreement for the work / works as mentioned in the NIT. The costs for visiting the working site shall be at the bidder own expense.

32. Prospective Bidder shall have to execute the work in such manner so that appropriate level of service of the road under improvement is to be maintained during progress of the work and during Defect Liability Period of 3(Three) Years from the date of successful completion of the work upto the entire satisfaction of

the Engineer in Charge. If any defect / damage is detected during this period as mentioned above the contractor shall make the same good at his own expense to the satisfaction of the of the Engineer in Charge or in default the Engineer in Charge may cause the same to be made good by other agency and deduct the cost (of which the certificate of the Engineer in Charge shall be final) from his security deposit or any sums that may be then, or at any time thereafter become due to the contractor. Security Deposit shall become payable only after expiry of the Defect Liability Period after making necessary deduction if applicable. However the Engineer in Charge may on his satisfaction and his discretion refund one-third of the total security deposit after expiry of 1st. year from the date of completion of the work, another one-third of the total security deposit after expiry of 2nd. year from the date of completion of the work and

(8)

remaining part of the total Security deposit after expiry of 3rd. year from the date of completion of the work. Hence condition of refund of Security Deposit as stated in Para 2&3 of Clause No. 17 of WBF 2911(ii) is here by superseded.

33. If more than one Bidder quoted same rate and which are found lowest at the time of opening, such similar multiple rates will not be entertained / accepted. Lowest offer will be ascertained by sealed bid amongst the lowest bidder.

34. At any stage during scrutiny, if it is found that the credential or any other papers which the Bidder uploaded during Bidding process, found incorrect / manufactured / fabricated, that bid will be considered as non-responsive and out right rejected with forfeiture of Earnest Money and action will be taken as per stipulation of IT Rules in force.

35. Before issuance of Letter of Acceptance / Work order, the tender accepting authority may verify the credential & other documents of the lowest bidder so uploaded online if found necessary. If it is found such document incorrect / manufactured / fabricated, Letter of Acceptance / Work order will not be issued in favour of the bidder under any circumstances and action will be taken accordingly.

36. In case of Ascertaining of Authority at any stage of application or execution of work, necessary registered Power of Attorney is to be produced.

37. The Tender inviting and accepting authority through a screening committee will determined the eligibility of each Bidder, the Bidder shall have to meet all the minimum criteria regarding;

a) Financial Capacity

b) Technical Capability comprising of personal & equipment capability. c) Experience.

38. The Earnest Money may be forfeited if;-

a) If the Bidder withdraws the Bid during the period of Bid validity.

b) In case of successful Bidder, if the Bidder fails to execute formal agreement within the stipulated time period.

c) During scrutiny, if it is come to the notice of tender inviting authority that the credential or any other document which were uploaded& digitally signed by the Bidder are incorrect / manufactured / fabricated.

39. If any discrepancy arises between two similar clauses on different notifications, the clause as stated in later notification will supersede former one in following sequence;-

a) Printed Tender Form, i.e. W.B.F 2911 (ii) b) Notice Inviting Tender

c) Special Terms and Conditions d) Technical Bid.

e) Financial Bid.

All works covered in the clause appearing hereinafter shall be deemed to form a part of the appropriate item or items of works appearing in the work schedule whether specifically mentioned in any clause or not and the rates quoted shall include all such works unless it is otherwise mentioned that extra payment will be made for particular works.

N.B : The eligibility of the Bidder will be ascertained on the basis of document submitted / uploaded & digitally signed in support of the minimum criterion as mentioned above. If any document submitted / uploaded by the Bidder is either manufacture or false the eligibility of Bidder will be out rightly rejected at any stage without prejudice and action will be taken as per stipulation of IT Rules in force.

(9)

1. Audit reports last five years ( In 3CD Form )

2. Owned/Lease machineries and laboratories with supporting documents 3. Technical staff and their supporting documents provided for this work 4. Format of Affidavit “X” & “Y”

5. Performance guarantee for 3(Three) years after completion of works shall have to be provided by the agency, details of which will be informed in due course.

Superintending Engineer, P.W.D Eastern Circle

Memo No. Date:

Copy forwarded to the Joint Director of Information & Cultural Affairs Department, Government of West Bengal Writers” Buildings, Kolkata – 700001 for information & wide circulation. He is requested to publish the above Notice in the leading “DAILIES” both English & Bengali for wide circulation. One circulation publication in a Sunday paper is recommended.

Memo No. Date:

Copy forwarded for wide circulation to:-

I. Sabhadhipati, Barasat, 24Parganas (North), Barasat

II. Hon’ble Member of Parliament Concerned Jurisdiction of work.

III. Member of West Bengal Legislative Assembly, Concerned Jurisdiction of work. IV. Chief Engineer, (HQ / SZ ) Public Works Directorate, Government of West Bengal

V. Superintending Engineer, P.W.D, Central Circle, Nabanna Circle, Southern Circle, Presidency Circle, Kolkata Health Circle, Southern Circle-Social Sector, Bidhan Nagar Circle, Presidency Electrical Circle, Health Electrical Circle, Kolkata Electrical Circle, Central Electrical Circle, Southern Electrical Circle.

VI. Executive Engineer, P.W.D. Kolkata North Division, Barrackpore Division, Barasat Division To comply with the instruction vide this office memo no. 2169(7)W dt. 03.12.2007 (IN DUPLICATE) /. VII. District Magistrate, Barasat, 24parganas (North)

VIII. Assistant Engineer, P.W.D. Concerned Sub-Division.

IX. Secretary, West Bengal Builders Association, 118 B. B. Ganguly Street, Kolkata. X. Kshudra Thikadar Samity, 21/1/1 Creak Row, Kolkata – 700014.

XI. District Contractor Association, Barasat, 24 parganas (North) .

XII. West Bengal Contractor Welfare Association, East Kulia Road, Kolkata – 700010.

XIII. West Bengal Engineers Co-operative Fedaration Ltd. 29, Phears Lane, 1st. Floor, Kolkata – 700073. XIV. Estimating Branch of this Circle Office.

(10)

SECTION - A

INSTRUCTION TO BIDDERS

General guidance for e-tendering

Instruction/Guidelines for tenders for electronic submission of the tenders online have been annexed for assisting the contractors to participate in e-Tendering.

1. Registration of bidder

Any bidder willing to take part in the process of e-Tendering will have to be enrolled and registered with the Government system; through logIn on to Https://etender.wb.nic.in (the web portal of Public Works Department) the contractor is to click on the link for e-Tendering site as given on the web portal.

2. Digital Signature Certificate (DSC)

Each bidder is required to obtain a class or registered unemployed Engineers Co-operative Society Ltd. Digital Signature Certificate (DSC) for submission of tenders, from the approved service provider of the National Informatics Centre (NIC) on payment of requisite amount at the website stated in clause 3 DSC is given as a USB e-Token.

3. Collection of Tender Documents

The Bidder can search & download NIT and bid documents electronically from computer ones he logs on to the website mention in clause 2 using the Digital Signature Certificate. This is the only mode of collection of tender documents.

4. Submission of Bids

General process of submission, Bids are to be submitted through online to the website in Cl.2 in two folders for each work before the prescribe date and time using the Digital Signature Certificate (DSC) the documents are to be uploaded virus scanned copy duly digitally signed. The documents will get encrypted (transformed into no readable format)

A. Technical Proposal

The Technical proposal should contain scanned copies of the following further two covers A-1 Statutory Cover Containing

i. Pre-qualification application [As per Sec-B, Form-I]

ii. NIT& Special Terms and Conditions in NIT, Special Specification for the Works in NIT, with All Corrigendum & addendum (if any) (Properly downloaded & upload the same Digitally Signed)[Sec-C & Sec-D]

iii. Tender Form No. 2911(ii)& NIT (Properly downloaded & upload the same Digitally Signed except quoting rate, quoting rate only encrypted in the B.O.Q. under Financial Bid. In case quoting any rate in 2911 (ii) bid liable to summarily rejected).

iv. Documentary evidence of Demand Draft towards Earnest Money (EMD) as prescribed in NIT against each of the serial of Work in favour of the concerned Executive Engineer, P.W.D. v. Exemption from payment of Earnest money of the Registered Labour Co-operative

Society Ltd. may be done as per rule. Proper document in this regard should be documented through e-filing.

vi. Financial Statement [As per Sec-B, Form-II]

vii. Affidavits [Ref;- Format Shown in ‘X’ B & format for general affidavit shown in ‘Y’ Sec-B.

A-2 Non-Statutory Covers containing

i. Registration certificate under company act (if any)

(11)

iii. Power of Attorney (For Partnership Firm / Private Limited Company (if any). iv. Professional Tax (P.T.) deposit receipt challan for the Financial Year 2011-2012.

v. VAT registration Certificate, PAN Card, valid acknowledgement receipt of upto-date income tax return.

vi. Tax audit report in 3CD Form along with Balance Sheet & profit & loss A/c for the last five years ( years just preceding the current Financial year will be consider as year -1)

vii.Bye laws are to be submitted by the Registered Labour Co-operative (s) / Unemployed Engineers Co-operative(s).

viii.List of machineries& Laboratory Instrument possessed by own / leased / arranged along with authenticated copy of invoice, challan & waybill. [As per Sec-B, Form IV]

ix. List of Technical staffs along with structure of Organization [Sec-B, Form-III] x. Scanned copy of Credential from Engineer in Charge,

i). Intending Tenderers should produce credentials of a similar nature of completed works of the minimum value of 40% of the estimated amount put to tender during 5(five) years prior to the date of issue of this tender notice i.e. not before than June 2010. (price upto dated @ 10% per annum, compoundable from the date of completion of the work) or,

ii). Intending Tenderers should produce credentials of 2(two) similar nature of completed works, each of the minimum value of 30% of the estimated amount put to tender during 5(five) years prior to the date of issue of this tender notice i.e. not before than June 2010. (price upto dated @ 10% per annum, compoundable from the date of completion of the work)or,

iii). Intending Tenderers should produce credentials of one single running work of similar nature which has been completed to the extent of 80% or more and value of which is not less than the desired value at (i) above,

iv). In case of running works, only those tenderers who will submit the certificate of satisfactory running work from the concerned Executive Engineer, or equivalent competent authority will be eligible for the tender. In the required certificate it should be clearly stated that the work is in progress satisfactorily and also that no penal action has been initiated against the executed agency, i.e., the tenderer..

A). Payment Certificate will not be treated as credential.

B). Credential certificate issued by the Executive Engineer or equivalent or competent authority of a State/Central Government, State/Central Government undertaking, Statutory/Autonomous bodies constituted under the central/ State statute, on the executed value completed / running work will be taken as credential.

(To be documented through e-filing) [Non Statutory Documents]

NOTE: failure of submission of any of the above mentioned documents (as stated A-1 & A-2) will render the tender liable ti summarily rejected for both Statutory & Non Statutory cover.

THE ABOVE STATED NON-STATTUTORY / TECHNICAL DOCUMENTS SHOULD BE ARRANGE IN THE FOLLOWING MANNER

B. Financial Proposal

i. The Financial proposal should contain the following documents in one cover (folder) i.e. Bill of Quantities (BOQ) the Biddershall quote their rate (Percentage Above (+) / Below (-) / At per) on line in the space marked for quoting the same in the BOQ.

ii. Only downloaded copies of the above documents are to be uploaded virus scanned & Digitally Signed by the prospective Bidder.

5. Tender Screening Committee (TSC)

i) Screening Committee constituted vide G.O. no. 3330-ENC/2012 dt. 19.03.2012 of the Engineer in Chief & Ex-officio Secretary, P.W.D. will continue to function as screening committee for determination technically qualified Bidders.

ii) Opening & evaluation of tender :-

If any Bidder is exempted from payment of EMD [those having minimum Fixed Security Deposit of 12.50 Lack to PW &PW(Roads) Department or Registered Labour Co-operative] relevant certificate to be furnished.

iii) Opening Technical proposal :-

Technical proposals will be opened by the Superintending Engineer, P.W.D. Eastern Circle along with his authorized representatives electronically from the web site stated in Cl. 1 using their Digital Signature Certificate.

(12)

iv) Intending Bidder may remain present if they so desire.

v) Cover (folder) statutory documents [vide Cl. 5A-1] should be opened first and if found in order, cover (folder) for non-statutory documents [vide Cl. 5A-2] will be opened. If there is any deficiency in statutory documents the tender will summarily be rejected.

vi) Decrypted (transformed in to readable formats) documents of the non-statutory cover will be down loaded & handed over to the tender evaluation Committee.

vii) Uploading of summary list of technically qualified Bidders will be made.

viii)Pursuant to scrutiny and the decision of the screening committee the summary list of eligible Bidder and the Sl. No. of work for which their proposal will be uploaded in the web portals.

ix) During evaluation the screening committee may summon any of the Bidders and seek clarification / information or seek additional documents or Original documents copy of which has already submitted by the Bidder and if these are not produced in time their proposals will be liable for rejection.

x) Financial capacity of a Bidder will be judged on the basis of working capital and available Bid capacity as mentioned in the NIT to be derived from the information furnished FORM – I & II (Sec.-B) i.e., application (for prequalification) and financial statement. The available Bid Capacity (to be

calculated on the basis of prescribed format Annexure – A, Form-I & Form – II of Section - B) of the prospective applicant shall not be less than the Estimated amount put to tender.

All the documents to be submitted in support of Annexure –A must be duly signed and sealed by the applicant /bidder and authenticated by Statutory Auditor’s Firm. If an applicant feels that his/their working capital beyond own resource may be

insufficient, he / they may include with the application letter of Guarantee issued by a Nationalized Bank to supplement the applicant. This letter of guarantee should be address to the tender inviting /

accepting authority and should guaranteed duly specifying the name of the work that in case of contract awarded to this Bidder, Bidder will be provided with revolving line of credit. Such

revolving line of credit should be maintained until the works are taken over by the Engineer in Charge / Employer.

The audited balance Sheet for the last five years net worth Bid capacity etc. are to be submitted which must demonstrate the soundness of the Bidder’s financial position, showing long profitability including an estimated financial projection of the next two years.

6. Penalty for Suppression / Distortion of facts.

Submission of false document by Bidder is strictly prohibited & if found bid will be considered as non-responsive and out rightly rejected with forfeiture of Earnest Money and action may be referred to the appropriate authority foe prosecution as per relevant IT Act.

7. Rejection of Bid

The tender inviting Authority i.e. Superintending Engineer, P.W.D. Eastern Circle reserve the right to accept or reject any Bid or cancel Bidding process and reject all Bids at any time prior to the award of contract without assigning any reason thereof. No claim in this regard by the Bidder (s) for such action will be entertained by the Tender inviting Authority.

8. Opening of Financial Bid

8.1 Financial proposals will be opened by the Superintending Engineer, P.W.D. Eastern Circle along with his authorized representative electronically as per schedule date, time & place.

8.2 After opening of Financial Bid if situation demands, Superintending Engineer, P.W.D. Eastern Circle may call off-line open Bid among the Bidders to lower down the offer rate further. So all

bidders are requested to be present at the schedule Bid opening place. No objections in this

respect will be entertained raised by any Bidder who will be present during opening of tender, or from any Bidder who will be absent at the time of opening of tenders.

9. Award of Contract

11.1 The Bidder whose offer has been accepted will be notified by the Tender Inviting / Accepting Authority through Letter of Acceptance (LOA)

The issuance of Letter of Acceptance will constitute the formation of contract.

The Agreement inW.B.F.No. 2911(ii) with incorporation of all required documents, i.e. NIT including all itsagenda& corrigendum (if any), Instruction to Bidder, Special Terms & Conditions, Priced Schedule of

(13)

the Work and Financial Offer on Bill of Quantities (BOQ) will be executed between Tender Accepting Authority and Successful Bidder.

11.2 the Tender accepting authority will reject a proposal for award if it determines that the Bidder recommended for award has engaged in corrupt or fraudulent practices in competing for the contract in question and will declare the firm ineligible, either indefinitely or for stated period of time, for awarding contract with the P.W. & P.W. (Roads) Department, Government of West Bengal

Note: - In this Contract there is no provision of

i) Arbitration

ii) Price Escalation or Price Adjustment

iii) Mobilization Advance

iv) Secured Advance

(14)

SECTION – B

FORM –‘I’

B1: PRE-QUALIFICATION APPLICATION

To

The Superintending Engineer, P.W.D, Eastern Circle

Ref:- Tender for……… ………...

……… (Name of work)………...……… ……….… ………...… ……….…

N.I.T. No.………(Sl. No.…………) of 2014-2015 of Superintending Engineer, P.W.D. Eastern Circle.

Dear Sir,

Having examined the Statutory, Non-Statutory, Instruction to Bidder & NIT Documents along with its addenda &Corrigendum, I /we hereby submit all the necessary information and relevant documents for evaluation. The application is made by me / us on behalf of……… In the capacity……….. duly authorized to submit the order.

The necessary evidence admissible by law in respect of authority assigned to us on behalf of the group of firms for Application and for completion of the contract documents is attached herewith.

We are interested in bidding for the works given in Enclosure to this letter. We understand that:

(a) Tender Inviting & Accepting Authority/Engineer-in-Charge can amend the scope & value of the contract bid under this project.

(c) Tender Inviting & Accepting Authority/Engineer-in-Charge reserves the right to reject any application without assigning any reason ;

Enclo:-e-filing

1. Statutory Documents. 2. Non-Statutory Documents.

Date :- Signature of applicant including it leand capacity in

(15)

SECTION - B

FORM – ‘II’

B2 FINANCIAL STATEMENT B.2.1 Name of Applicant

B.2.2 Summary of assets and liabilities on the basis of the audited financial statement of the last five Financial years (attach copies of the audited financial statement of the last five financial years)

Year (Rs. In lakh) Year (Rs. In lakh) Year (Rs. In lakh) Year (Rs. In lakh) Year (Rs. In lakh) a) Current Assets (It should not include investment in any other firm)

b) Current liabilities

( It should include bank over draft)

c) Working capital (a) – (b)

d) Net worth

(Proprietors Capital or Partners Capital or Paid up Capital + Resource & surplus )

e) Bank loan / Guarantee (As per clause 7/NIT)

B.2.3. Annual value of construction works undertaken :

Work in hand i.e. Work order issued As on 30.04.2014 As on 31.03.2013 As on 31.03.2012 As on 31. 03.2011 As on 31.03.2010 As on 31.03.2009

(16)

Work in progress Work order issued but work not started Sl.

No.

Name of the work with Tender No.

Estimated Amount % of work executed Sl. No.

Name of the work with Tender No.

Tendered Amount

(17)

The aforesaid statement against Sl.3 must be submitted through Affidavit in required Non-judicial Stamp. If any information in this Affidavit it is found to be incorrect or concealed, pre-qualification application, even

qualified, will be summarily rejected. B.2.6 Bid Capacity:

[A.N.2 –B]

A = Maximum value of work done in a single year during last three years

B = Value at current price level of existing commitments and ongoing works to be Completed in the next N years.

N = Time of completion of the work in years for which tender has been invited

N.B. The Audited Balance Sheet and Profit & Loss Account with all the schedules and annexure forming part of the Balance Sheet and Profit & Loss Accountant for the last five years should be given. All these financial statements should be signed by a competent authority for the last five years[Reference Clause No A.2(vi) / Section – A/ instruction to Bidders & Clause No. 3 (ix) of NIT]

Each intending bidder can submit their bid in maximum 2(Two) nos. work of this NIT & in that case please note that bid capacity will be calculated together both job for which the bidder submit their bid and also intending bidders has to satisfied the possession of required machineries accordingly.

(18)

Annexure – A Information of audited financial statements for the last year to demonstrate the current soundness of the Bidder’s financial position :

1. The Bidder’s Net worth for the last year calculated as the difference between total assets and total liabilities should be positive.

2. Bidders, who meet the minimum qualification criteria, will be qualified only if their available bid capacity at the expected time of bidding is more than the total estimated cost of the works. The available bid capacity will be calculated as under :

Assessed Available Bid capacity = (AxNx2 – B) where

A = Maximum value of engineering works in respect of Projects executed in any one year during the last five years (updated to the price level of the year indicated in table below under note) taking into account the completed as well as works in progress. The projects include turnkey project / item rate contract /

Construction works.

N = Number of years (i.e., _____________ year) prescribed for completion of the works for which bids are invited.

B = Financial Liability of the bidder to be incurred for existing commitments and on-going works during the period of the subject contract.

To calculate the value of “A”

i) A table containing value of Engineering Works in respect to Projects (Turnkey projects / Item rate contract / Construction works) undertaken by the Bidder during the last 5 years is as follows :

Sl. No. Year Value of Engineering Works undertaken w.r.t.

Projects (Rs. in Crores) 1. Year – 5 2. Year – 4 3. Year – 3 4. Year – 2 5. Year – 1

ii) Maximum value of projects that have been undertaken during the F.Y. ____________ out of the last 5 years

and value thereof is Rs. _________________ Crores (Rupees

_______________________________________).

Further, value updated to the price level of the year indicated in Table is as follows :

Rs. _________________ Crores x ______________ (Updation Factor as per Table annexed)

= Rs. ________________ Crores (Rupees __________________________________________) Table indicating the factor for the year for updation to the price level is indicated as under :

Sl. No. F.Y. / Calender Year Updation factor

1. Year – 1 1.00

2. Year – 2 1.05

3. Year – 3 1.10

4. Year – 4 1.15

5. Year – 5 1.20

iii) Net worth for the last year of ____________________________________________ (Name of the company)

(19)

……….. ………..

Signature, name and designation of Authorised Signatory

For and on behalf of

……….……… (Name of the Applicant)

………. ……….

Name of the Statutory Auditor’s firm : Seal of the audit firm :

(Signature, name and designation and Membership No. of authorized signatory).

To calculate the value of “B”

3. A table containing value of all the existing commitments and on-going workings to be completed during the next _____________ years (prescribed time for completion of the works for which Bids are invited) is as follows : S l. n o . N am e o f W o rk / P ro je ct N am e o f th e em p lo y er P er ce n ta g e o f p ar ti ci p at io n o f B id d er i n t h e p ro je ct S ti p u la te d p er io d o f co m p le ti o n a s p er A g re em en t/ L O A w it h t h e S ta rt d at e V al u e o f C o n tr ac t as p er A g re em en t / L O A R s. _ _ _ V al u e o f w o rk c o m p le te d R s. _ _ _ B al an ce v al u e o f w o rk t o b e co m p le te d R s. _ _ _ A n ti ci p at ed d at e o f C o m p le ti o n F in an ci al l ia b il it y t o i n cu rr ed f o r th e sa id w o rk / p ro je ct d u ri n g t h e p er io d o f th e su b je ct c o n tr ac t R s. _ _ _ 1 2 3 4 5 6 7 8 9 10 ……….. ………..

Signature, name and designation of Authorised Signatory

For and on behalf of

……… (Name of the Applicant)

(20)

1. All the documents to be submitted in support of Annexure – A must be duly signed and sealed by the applicant / bidder and authenticated by Statutory Auditor’s firm.

2. In case of a Joint Venture, Lead Member of such joint venture shall be required to meet 60% of required Bid Capacity and each of the Joint Venture Members shall be required to meet at least 30% of requirement of Bid Capacity, Bid capacity of all the members in total should be at least 100% of required Bid capacity.

SECTION - B

FORM- ‘III’

B3: STRUCTURE AND ORGANISATION

B.3.1 Name of applicant :

B.3.2. Office Address :

Telephone No. :

Fax No.

E-mail address

B.3.3. Name and address of Bankers :

B.3.4. Attach an organization chart showing : the structure of the company with

names of key personnel and technical staff with Bio-data.

Note : Application covers Proprietary Firm, Partnership, Limited company or Corporation,

Date Signature of the applicant

(21)

Signature of the applicant

Including title and capacity in which application is made

Superintending Engineer, P.W.D. Eastern Circle

(22)

SECTION – B

FORM – ‘V’

B.5. EXPERIENCE PROFILE

B.5.1 Name of the Firm:

LIST OF PROJECTS COMPLETED THE WORKS HAVING MORE THAN 40% OF THE PROJECT COST EXECUTED DURING THE LAST FIVE YEARS.

Note : a) Certificate from the Employers to be attached

b)Non-disclosure of any information in the Schedule will result in disqualification of the firm

Date Signature of the applicant

Including title and capacity in which application is made Name, Location & nature of work Department Concerned Name of Consulting Engineer responsible for supervision Contract price in (`) Percentage of Participation of company

Original Time Schedule Actual Time Schedule Reasons for delay in completion (if any) Start Date Completion Date Start Date Completion Date

(23)

SECTION –B

FORM – ‘IV’

B.4 DEPLOYMENT OF MACHINERIES:-

(Original document of own possession to be annexed)

(If engaged before Certificate from E.I.C. to be annexed in respect of anticipated date of release of Machineries.)

B.4.1.DETAILS OF MACHINARIES

Sl. No.

Name of Machine Make Type Capacity Motor /

Engine No.

Machine No.

Possession Status Date of release If

Engaged

Idle Engaged

1 2 3 4 5 6 7 8 9 10

For each item of equipment the application should attach copies of (i) Document showing proof of full payment, (ii) Receipt of Delivery, (iii) Road Challan from Factory to delivery spot is to furnished

Date Signature of the applicant

(24)

FORM – ‘IV’(contd..)

B.4.2. CONTRACTOR’S EQUIPMENT*

B.4.2

MINIMUM PLANT AND EQUIPMENT TO BE DEPLOYED BY THE CONTRACTOR

Whereas it is entirely the responsibility of the Contractor to deploy sufficient plant and mechanical equipment to ensure compliance with his obligations under the Contract, the following list is an indicative list of the minimum essential basic holding of plant and mechanical equipment which the Contractor must own.

Sl. No.

TYPE OF EQUIPMENT CAPACITY NUMBER

REQUIRED

1. Batching Plant. 1 No.

2. Transit Mixer. 1 No.

3. Concrete Pump. 1 No.

4. Vibrators. 4 No.

5. Water Tanker. 1 No.

6. Roller(10 Ton). 1 No.

* Machineries of higher/ Lower specification yield/capacity than as mentioned above may be allowed without any extra payment.

Signature of the applicant

Superintending Engineer, P.W.D. Eastern Circle

(25)

Annexure – IV DECLARATION

• I, the undersigned, declare that all the statements made in the attached documents in respect of mode of ownership of machineries are true and correct.

• Certified that required specified machineries for the works under this NIT will be installed at the working site within 45 days (Maximum) from the date of LOA / work order.

• The undersigned also hereby certifies that neither our firm ………

………. nor any constituent firm had been debarred to participate in tender by Public Works Department during the last 5 (five) years prior to the date of this NIT.

• The undersigned understands and agrees that further qualifying information may be requested and agrees to furnish any such information at the request of the Department.

• Certified that I have applied in the Tender in the capacity of individual / as a partner of a firm and I have not applied severally for the same job.

• Certified that I have applied in the Tender in the capacity of individual / as a partner of a firm and I have applied to the works under this NIT restricted to maximum one no. works, if more than one work in the same NIT.

• Certified that I have access to or have available liquid assets (aggregate of working capital, cash-in-hand, uncommitted Bank Guarantees) and/or credit facilities not less than 10% of the estimated cost put to tender. In this respect, I have attached necessary documents with this application.

• I, the undersigned do certify that all the statements made in the attached documents are true and correct. If any declaration submitted is found / ascertain to be incorrect / fabricated / misrepresented / fraudulent etc. accordingly tender will be liable to be cancelled / terminated immediately and I / my firm / company shall also be liable to prosecuted under section 197, 199 and 200 of Indian Penal Code, 1860 alongwith sect6ion – 71 and section – 73 of Indian Information and Technology Act 2008 and any other applicable law for the time being in force in addition to forfeiture of Earnest Money / Security Deposit.

……… Signed by an authorized officer of the firm ……… Title of the officer

……… Name of the firm with seal

(26)

SECTION – B

FORM –‘VI’

B.6 INFORMATION REGARDING CURRENT LITIGATION, DEBARRING/EXPELLING OF TENDERER OR ABANDONMENT OF WORK BY TENDERER.

B.6.1 a) Is the Applicant currently involved in any : YES /NO Litigation relating to the contract works.

b) If yes, give details with reasons :

B.6.2 a) Has the Applicant or any of its constituent : YES/ NO Partners been debarred / expelled by any

Agency in India, during the last 5(five) years.

B.6.3. a) Has the Applicant or any of its constituent : YES / NO abandoned / suspended any contract during

the last 5(Five) years

Note : If any information in this Schedule is found to be incorrect or concealed, pre-qualification application will be summarily rejected.

(27)

SECTION – B

AFFIDAVIT – “X”

(To be furnished in Non-Judicial Stamp paper of appropriate value duly notarized)

Work in Progress

Sl. No.

Name of Work Tender No. Tendered

Amount

% of work executed

Work ordered issued but work not started

Sl. No.

Name of Work Tender No. Tendered

Amount

% of work executed

Date___________________

Title of the Officer

(28)

SECTION – B

AFFIDAVIT – “Y”

(To be furnished in Non-Judicial Stamp paper of appropriate value duly notarized)

B.7.1. I, the under signed, do certify that all the statements made in the attached documents are true and correct.In case of any information submitted proved to be false or concealed, the application may be rejected and no objection/claim will be raised by the under-signed.

B.7.2 The under-signed also hereby certifies that neither our firm M/S___________________________ ___________________________________ nor any of constituent partner had been debarred to

participate in tender by the P.W.& P.W.(Roads) Department during the last 5(five) years prior to the date of this NIT.

B.7.3. The undersigned would authorize and request any bank, person, firm or corporation to furnish pertinent information as deemed necessary and /or as requested by the Department to verify this statement.

B.7.4. The undersigned understands and agrees that further qualifying information may be requested, and agrees to furnish any such information at the request of the Department.

B.7.5. Certified that I have applied in the Tender in the capacity of individual / as a partner of a form and I have not applied severally for the same job.

B.7.6. Certified that I have applied in the tender in the capacity of individual / as a partner of a firm and I have applied to the works under this NIT restricted to maximum one no. works, if more than one work in the same NIT.

……… Signed by an authorized Officer of the Firm.

………. Title of Officer

………

(29)

Respective Clauses for the Joint Venture

A. INSTRUCTIONS TO BIDDERS

Eligible Applicants:

An Eligible Applicant shall be either (i) proprietorship firm (with the proprietor having residence in India) (ii) limited liability partnership of partnership firm (with all the partners having residence in India) or (iii) Company registered in India under Indian Companies Act 1956 or 2013 or any combination of them with formal intent to enter into an agreement or under an existing agreement in the form of a Joint Venture (JV). In the case of a JV,

(a) All partners shall be jointly and severally liable ; and

(b) A JV shall nominate a Representative who shall have the authority to conduct all business for and on behalf of any and all the partners of the JV during the prequalification process and, in the event the JV is prequalified, during the bidding process, and in the event the JV is awarded the Contract, during contract execution.

Documents Comprising the Bid :

In addition to the requirements under (refer to clause mentioning the required documents for technical proposal), bids submitted by a JV shall include a copy of the Joint Ventutre Agreement entered into by all partners. Alternatively, a Letter of Intent to execute a Joint Venture Agreement in the event of a successful bid shall be signed by all partners and submitted with the bid, together with a copy of the proposed agreement.

Bid Security :

The Bid security of a JV shall be in the name of the JV that submits the Bid. If the JV has not been legally constituted at the time of bidding, the Bid Security shall be in the names of all future partners as named in the letter of intent mentioned in (refer to clause for Eligible Applicants).

Number of Proposals :

An applicant shall be entitled to submit only one Proposal, either individually or as a member of any Joint Venture, as the case may be. However, a firm (including its affiliate), if acting in the capacity of a subcontractor in one Bid, may participate in other Bids, only in that capacity.

Signing of the Application :

The original of the Application shall be typed or written in indelible ink and shall be signed by a person duly authorized to sign on behalf of the Applicant. In case the Applicant is a JV, the Application shall be signed by an authorized representative of the JV on behalf of the JV and so as to be legally binding on all the members as evidence by a power of attorney signed by their legally authorized signatories.

Power of Attorney

An organization document, board resolution or its equivalent, or power of attorney specifying the representative’s authority to sign the Applicant on behalf of the Applicant is required. If the Applicant is an intended or an existing joint venture, the power of attorney should be signed by all partners and specifying therein the authority of the named representative of the joint venture to sign on behalf of the intended or existing jint venture. If the joint venture has not yet been formed, it is required to include evidence from all proposed joint venture partners of their intent to enter into a joint venture in the event of a contract award.

Signing of Agreement

In case of Joint Venture, all partners of the JV shall sign the Form of Agreement

(30)

B. QUALIFICATION CRITERIA

Unless specification indicated otherwise, it is legal entity of entities comprising the Applicant, and not the Applicant’s parent companies, subsidiaries or affiliates that must satisfy the qualification criteria described below.

1. Eligibility

Criteria Compliance Requirements Documents

Requirement Single Entity Joint Venture Submission Requirements All Partners Combined Each Partner One Partner 1.1 Nationality Nationality must meet requirements must meet requirements must meet requirements Not applicable (refer the relevant forms) 1.2 Conflict of Interest No conflicts of interest must meet requirements must meet requirements must meet requirements Not applicable Letter of Technical Bid 2. Pending Litigation

2.1 Pending Litigation and Arbitration

Requirement Single Entity Joint Venture Submission Requirements All Partners Combined

Each Partner One Partner All pending litigation

and arbitration, if any, shall be treated as resolved against the Bidder and so shall in total not represent

more than

………. Percent of the Bidder’s not worth calculated as the difference between total assets and total liabilities should be Positive. must meet requirement by itself or as partner to past or existing JV not applicable must meet requirement by itself or as partner to past or existing JV not applicable (refer to relevant Forms) - Note-

(31)

3. Financial Situation

3.1 Historical Financial Performance

Each Partner One Partner Submission of audited

financial statements or, if not required by the law of the Bidder’s

country, Other

financial statements acceptable to the Employer, for the last ……….. years to demonstrate the current soundness of the Bidder’s financial position. As a minimum, the Bidder’s net worth for the last year calculated as the difference between total assets and total liabilities should be positive. must meet requirement not applicable must meet requirement not applicable (refer to relevant Forms)

The financial information provided by an Applicant should be reviewed in its entirety to allow a truly informed judgment, and the pass fail decision on the financial position of the Applicant should be given on this basis. Any abnormal features which may lead to financial problems should alert the Employer to seek expert professional advice for further review and interpretation.

I Insert time period between 3 years and 5

3.2 Average Annual Construction Turnover

Each Partner One Partner Minimum average annual construction turnover of INR ………..1 calculated as total certified payments received for contracts in progress or completed, within the last ……….2 years must meet requirement must meet requirement must meet ………… 3 requirement must meet ………… 4 requirement (refer to relevant Forms) Note –

1. The amount stated should normally not be less than 2X V/T, the estimated turnover in the subject contract based on a straight- line projection of the Employer’s estimated cost (V), including contingencies, over contract duration in years (T), where T for contract duration of up to one year shall be “1”. The multiplier of two may be reduced for very large contracts but should not be less than 1.5.

2. Insert number of years in words and figures, and indicate time period between 3 years and 5 years.

3. Usually not less than 25% 4. Usually not less than 40%

(32)

3.3 Financial Resources Requirement

Each Partner One Partner The Bidder must

demonstrate access to, or availability of, liquid assets,1 _{lines of credit,} or other financial resources (other than any contractual advance payments) to meet the Bidder’s financial resources requirement must meet requirement must meet requirement must meet ………… 3 requirement must meet ………… 4 requirement (refer to relevant Forms) Note –

1. Liquid Assets mean cash and cash equivalents, short-term financial instruments, short term available –for-sale-securities, markable securities, trade receivables, short-term financing receivables and other assets that can be converted into cash, within One Year.

2. Usually not less than 25% 3. Usually not less than 40%

4. Experience

4.1 General Construction Experience

Each Partner One Partner Experience under

construction contracts in the role of prime contractor (single entity or JV member), subcontractor, or management

contractor (i) for at least the last [insert number] years must meet requirement not applicable must meet requirement not applicable (refer to relevant Forms) -Note-

1. Insert number of years in words and figures. The range is normally 5 years to 10 years.