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Page1
VOLUME – I OF II
COMMERCIAL VOLUME
FOR NIT No. MWP/CIVIL/984/24 Dated 04/10/2016
INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING)
AND BASE OF EXTERNAL FLANGE TYPE RECTANGULAR
OVERHEAD PS WATER TANK
Address for Communication :
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh,
Assam PIN 786602
Tel. : 0374 2800558
0374 2800 463/466 Ext. 217
Fax : 0374 2800557
Email : www.assamgas.org
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(For web publication)
No. MWP/CIVIL/984/24 Date: 04/10/2016
TENDER NOTICE
Sealed tenders are invited from Certified/ Competent inspecting agency having
sufficient experience in Design/Inspection of steel structures etc. in two bids (i.e. technical
and commercial) system for the following work and will be received by the Managing
Director, Assam Gas Company Ltd, Duliajan on 27/10/2016 up to 2.00 p.m. The bids will
be opened on the same day at 2.15 p.m. in presence of the bidders or their authorized
representatives. In case 27/10/2016 remains bundh / holiday etc. the bids will be opened on
the next working day at the same timing. No other documents will be taken into
consideration except those found during the time of opening bids and duly verified and
signed by the Tender opening committee members.
Name of Work Time of
Completion
Earnest
Money
Inspection (Visual and NDT) of 01No.MS structure
(staging) and base of External flange type rectangular
overhead PS water tank, capacity 175.00 KL of
staging height 12.00m and to submit a detailed report
with recommendations for renovation/ replacement
etc.
30(Thirty)
Days
Rs. 3,000.00
The complete set of specification, blank SOR etc. and other conditions of contract
may be downloaded from the tender section of the website of the company,
www.assamgas.org from 24/10/2016 to 25/10/2016 and duly filled tender documents should
be submitted along with a non refundable tender fee of Rs 1000/- in the form of A/C payee
DD favoring Assam Gas Co. Ltd. payable at Duliajan.
Documents to be submitted along with the Tender:
Copy of following documents duly attested by a class 1 Gazetted Officer:-
1) Certificate/ authorization to act as inspecting agency from appropriate Govt. authority.
2) Experience certificate for Design/Inspection of steel structures/ columns etc. with copy of
contract/PO [not earlier than 2012] from Govt./PSU/ Corporate client of repute.
3) Up to date Solvency certificate from any nationalized bank.
4) Copy of PAN card, Service Tax registration no & VAT registration for composite work.
Failing which the tender may be rejected forfeiting the earnest money deposit. Original
document(s) may be called as and when necessary.
Earnest money : To be submitted in the shape of Bank Draft/ Banker’s Cheque in favour of
Assam Gas Company Ltd., along with the tender.
Validity period :- Tender must be valid for 6(six) months from the date of submission of
tender .
Page3
Before submission of tender, the bidders may inspect the location and extent of
work at his own cost, from 20/10/2016 to 26/10/2016 during office hours.
All materials, tools, plants, labour etc. have to be arranged by the successful
bidder at his own cost. The bidder must arrange for safety measures including insurance of
workers and proof of the same has to be produced before commencement of work.
Duly filled and sealed tenders shall be submitted in the manner prescribed in the
tender documents. Tenders shall be received at the corporate office of AGCL, Duliajan from
10.00AM to 2.00PM on 27/10/2016. The tenders will be opened on the same day at 2.15
PM
Unless specified otherwise, all other terms and conditions will be as per
prevailing condition of tender and contract of the company.
The management of AGCL reserves the right to accept or reject any or all
tender(s) or may split in part(s) without assigning any reason thereof.
(A K Sharma)
MANAGING DIRECTOR
Page4
INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING)
AND BASE OF EXTERNAL FLANGE TYPE RECTANGULAR
OVERHEAD PS WATER TANK
Contents for all volumes of Bid Documents
Sl. No. DESCRIPTION
DOCUMENT NO.
1 COMMERCIAL PART Volume I of II
2 TECHNICAL PART Volume II of II
Page5
SECTION I
INVITATION FOR BID (IFB)
NOTICE OF INVITATION FOR BIDS FOR
INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING)
AND BASE OF EXTERNAL FLANGE TYPE RECTANGULAR
OVERHEAD PS WATER TANK
FOR NIT No. MWP/CIVIL/984/24 Dated 04/10/2016
Page6
1. INTRODUCTION
1.1 Assam Gas Company Ltd. [hereinafter mentioned as AGCL or OWNER], a Govt. of
Assam Undertaking and an ISO 9001 :2000 company, was established on March 31,1962
in Shillong as a private limited wholly owned by the Government of Assam to carry out
all kinds of business related to natural gas in India. It has its present headquarters in the
OIL town of Duliajan in the district of Dibrugarh, Assam, India.
2. BRIEF DESCRIPTION OF WORK
Inspection (Visual and NDT) of 01No.MS structure ( staging) and base of External
flange type rectangular overhead PS water tank, capacity 175.00 KL of staging height
12.00m and to submit a detailed report with recommendations for renovation/
replacement etc.
3 BRIEF SCOPE OF BID
3.1 The brief scope of work includes in general to complete Inspection (Visual and NDT) of
175.00 KL overhead P.S water tank in AGCL, Duliajan Industrial area. All the
instruments and workmanship as per the IS code mentioned in the tender paper. Detailed
scope of work is defined in technical volume II of II of bid document. It must be clearly
understood that each and every activity of works should be completed by the contractor
in all respects, including supply of tools, plants, equipments and necessary manpower
and their accommodation etc. thereof.
3.2 No extra claims will be allowed for items or activities which are required to be
completed and make the facility fully operational as per the Scope of Work as defined in
the bid documents.
4. TIME SCHEDULE:
The completion period for complete scope of work shall be 30 (Thirty) Days from
the date of issue of Letter of Intent.
5. BIDDER’S QUALIFICATION CRITERIA
5.1 Technical
5.1.1 Bidder must have Certificate/ authorization to act as inspecting agency for similar work
from appropriate Govt. authority.
5.1.2 The Bidder should have successfully completed Design/Inspection of steel structures/
columns etc. which include at least 1 (one) PS overhead tank with copy of contract/PO
[not earlier than 2012] from Govt./PSU/ Corporate client of repute.
5.1.2 Qualified according to necessary documents vide clause 11.2.1
5.2 COMMERCIAL
5.2.1 The average annual turnover during the last three years, ending 31st march of the
previous financial year, should be at least Rs.
Page7
The Bidder shall be required to submit the Work order, Completion certificates
confirming the scope of work and audited financial results to substantiate their
claims for meeting the above criteria.
6. DETAILS OF BID DOCUMENT
NIT No
MWP/CIVIL/984/24 Dated 04/10/2016
Bid Document for
download
from 24/10/2016 to 25/10/2016 from company’s website
www.assamgas.org
Bid Due Date on 27/10/2016 up to 2.00 p.m
Un-priced Bid Opening At 2-15p.m. on 27/10/2016
Venue of Bid Submission In the Conference Room of the corporate office of Assam
Gas Company Ltd, Duliajan, Assam
Bid Document Fee (non
refundable)
Rs. 1,000.00 in the form of A/C payee DD favoring Assam
Gas Co. Ltd. payable at Duliajan. The fee is non-
refundable.
7 BID VALIDITY:
7.1 Bid should be valid for Six months from the date of submission.
8 BID SECURITY (Earnest Money Deposit)
8.1 All bids must be accompanied by a bid security (EMD) of Rs. 3,000.00. The EMD
should be in the shape of Bank Draft or Banker’s Cheque from any Nationalized bank,
pledged in favour of ‘Managing Director, Assam Gas Company Ltd.’
9.0 GENERAL
9.1 AGCL reserves the right to reject any or all the bids received at its discretion without
assigning any reason whatsoever.
9.2 Bidders to quote for complete scope of work as per bid document.
9.3 Bid document is non-transferable and the bidder to whom the document is issued, should
submit the bid in his/ her own name.
9.4 Bids received through Fax/ E-mail, shall be rejected.
9.5 AGCL will not be responsible for cost incurred in preparation and delivery of bids.
.
Chief Manager & HOD [SERVICES]
FOR MANAGING DIRECTOR
ASSAM GAS COMPANY LTD., DULIAJAN
Page8
[AGCL]
SECTION II
INSTRUCTIONS TO BIDDERS (ITB)
Page9
INSTRUCTIONS TO BIDDERS
GENERAL
1.0 SCOPE OF BID:
1.1. The Owner, wishes to receive bids as described in the Bidding Documents.
1.2. The successful bidder will be expected to complete the Works within the period stated in
Special Conditions of Contract.
1.3. Throughout these bidding documents, the terms “bid” and “tender” and their derivatives
(“bidder/ tenderer”, “bid/ tendered”, “bidding/ tendering”, etc.) are synonymous, and day
means calendar day. Singular also means plural.
1.4. SCOPE OF BID: Detailed Scope of Work has been defined in Volume – II of II of bid
document.
2.0 ELIGIBLE BIDDERS:
2.1. Bidder, as part of their bid, shall submit a written power of attorney authorizing the
signatory of the bid to commit the bidder.
2.2. A bidder shall not be affiliated with a firm or entity:
I. that has provided consulting services related to the work to the Owner during
the preparatory stages of the works or of the project of which the works form
a part,
or
II. That has been hired by the Owner as engineer/owner’s representative for the
contract.
2.3. The bidder shall not be under a declaration of ineligibility by OWNER for corrupt or
fraudulent practices as defined in ITB clause no.43.0.
2.4. Further, the bidder and/or its subcontractor should not be on Holiday by AGCL or black
listed by any government department/ public sector.
3.0 BIDS FROM CONSORTIUM
3.1. Not Applicable
4.0 ONE BID PER BIDDER
4.1. A bidder shall submit only one bid in the same bidding process.
4.2. Alternative bids are not acceptable.
5.0 COST OF BIDDING
5.1. The bidder shall bear all costs associated with the preparation and submission of the bid,
and OWNER, will in no case be responsible or liable for this cost, regardless of the
conduct or outcome of the bidding process.
6.0 SITE VISIT
6.1. The bidder is advised to visit and examine the site or / locations of works and its
surroundings and obtain for itself at its own responsibility all information that may be
necessary for preparing the bid and entering into the Contract. The cost of visiting the
site shall be at the bidder’s own expense.
6.2. The bidder or any of its personnel or Authorized Representatives will be granted
permission by the Owner to enter upon its premises and land for the purpose of such
visits, but only upon the express condition that the bidder, its personnel, and Authorized
Representatives will release and indemnify the Owner and its personnel and Authorized
Representatives from and against all liabilities in respect thereof, and will be responsible
Page10
for death or personal injury, loss of or damage to property, and any other loss, damage,
costs, and expenses incurred as a result of inspection.
7.0 CONTENT OF BIDDING DOCUMENT
7.1. The Bidding Documents are those stated below and should be read in conjunction with
any addenda issued in accordance with clause 9.0 of ITB:
Volume – I : Commercial Volume
Section-I : Invitation for Bid (IFB)
Section-II : Instruction to Bidders (ITB)
Attachment I : Forms and Formats
Section-III : General Conditions of Contract (GCC)
Section-IV : Special Conditions of Contract (SCC)
: Annexure to SCC
Section-V : Schedule of Rates
Volume II : SCOPE & Technical Specifications
7.2. The bidder is expected to examine all instructions, forms, terms, specifications and
drawings in the bidding documents. The invitation for bid (IFB) together with all its
attachment thereto, shall be considered to be read, understood and accepted by the
bidder. Failure to furnish all information required by the Bid Documents or submission
of a bid not substantially responsive to the Bidding Documents in every respect will be at
bidder’s risk and may result in the rejection of the Bid.
8.0 CLARIFICATION ON BID DOCUMENTS
8.1. A prospective bidder requiring any information or clarification of the Bidding
Documents, may notify the Owner in writing through HOD(Services). All question/
queries should be referred to Owner at least 07 (seven) days before scheduled date of
submission of the bid.
9.0 AMENDMENT OF BID DOCUMENTS
9.1. At any time prior to the deadline for submission of bids, the Owner may, for any reason,
whether on its own requirement or in response to a clarification requested by prospective
bidders, modify the Bidding Documents by issuing addenda.
9.2. Any addendum thus issued shall be part of the Bidding Documents pursuant to ITB
Clause- 7.1 and shall be notified in writing by fax/post to all prospective bidders who
have received the bidding documents. Prospective bidders shall promptly acknowledge
receipt of each addendum by fax/post to the Owner. The addendum may also be hosted
on the website http://www.assamgas.org
9.3. The Owner may, at its discretion, extend the date of submission of Bids in order to allow
the bidders a reasonable time to furnish their most competitive bid taking into account
the amendments issued.
PREPARATION OF BIDS
10.0 LANGUAGE OF BID
10.1. The Bid prepared by the bidder, all correspondence / drawings and documents relating to
the bid exchanged by the bidder with the Owner shall be in English Language.
Page11
11.0 DOCUMENTS COMPRISING THE BID
11.1. The bid prepared by the bidder shall comprise the following:
11.2. Envelope- I: Super scribing – “Techno-Commercial Un price-Bid” (PART-
I) : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING)
AND BASE OF EXTERNAL FLANGE TYPE RECTANGULAR OVERHEAD PS
WATER TANK.
11.2.1. Part – I, Techno-commercial/Un-priced Bid shall contain the following:
(i) Covering Letter
(ii) Bidder’s General Information as per format F-1.
(iii) Bid Form as per format F-2.
(iv) List of Enclosures as required in F-3 and supporting documents for F- 3A
(Annual report along with the details such as, Balance Sheet, Annual turnover,
P&L A/C Sheet etc. for the last three years.)
(v) Deviations as per Format F-4 (optional)
(vi) Work Experience along with the copy of Contract / PO as per format F-5.
(vii) Solvency certificate as per Format F - 6
(viii) Details of Sub-contractors as per format F-7. (optional)
(ix) Upto date EPF Registration as per format F-8
(x) Bid Security as per format F – 9
(xi) Letter of Authority as per format F-10 (optional)
(xii) Up to date Labour Licence as per format F-11
(xiii) Photo-copy of PAN.
(xiv) Copy of the tender documents duly signed & stamped as a token of acceptance
of all terms & conditions of the tender document.
(xiv) Any other information required as per the Bidding Documents.
11.3. Envelope II: Super scribing “Price Bid – Not to Open with Techno – Commercial
Un priced Bid”- PART – II : INSPECTION (VISUAL AND NDT) OF 01NO. MS
STRUCTURE (STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
11.3.1. Part – II: Price Bid shall contain only original Schedule of Rates (SOR), in separate
sealed envelopes duly filled legibly by both in words and figures, signed and stamped on
each page. In case of any correction, the bidders shall put his signature and his stamp.
11.4. Envelope III; Super scribing “Bid Security & Tender Fee”- PART-III :
INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING)
AND BASE OF EXTERNAL FLANGE TYPE RECTANGULAR OVERHEAD PS
WATER TANK.
11.4.1. Part-III: Bid Security shall contain one original and three copy of Bid
security in separate sealed envelopes. Bid security in accordance with Clause 15.0 of
“ITB” to be furnished only be in the shape of Bank Draft / Bankers’ Cheque from
any Nationalized bank, pledged in favour of ‘Managing Director, Assam Gas
Company Ltd.’ as per format F-9. The Tender fee shall contain the original copy in a
separate sealed envelope and shall be in the form of A/C payee DD favoring Assam
Gas Co. Ltd. payable at Duliajan.
Page12
12.0 BID PRICES
12.1. The bidder shall indicate on the appropriate format for “Schedule of Rates (SOR)”
enclosed as part of Bidding Document. If quoted in separate typed sheets and any
variation in item description, unit or quantity is noticed, the bid may be liable to be
rejected.
12.2. Unless stated otherwise in the Bidding Documents, the Contract shall be for full scope of
work ( part wise) as described in the Bidding documents for the specified Section(s) (as
specified in IFB) for which the Bidder intends to quote based on the prices in the
“Schedule of Rates”. Bid for part scope of work for quoted section(s) shall not be
considered & shall be rejected.
12.3. Prices quoted by the bidder, shall remain firm, fixed, and valid until completion of the
contract and will not be subject to any variation whatsoever.
12.4. The bidder shall quote for full scope of work under Schedule of Rates after careful
analysis of cost involved for the performance of complete scope considering all parts of
the Bidding Documents. In case, any activity though specification has not covered but
same is required to complete the work as per scope of work specifications, standards,
drawings, GCC, SCC or any other part of Bidding Document, the prices quoted shall
deemed to be inclusive of cost incurred for such activity.
12.5. The prices quoted by the bidder shall be inclusive of all taxes, duties including custom
duty, levies, Works Contract Tax, Turnover tax or any other statutory payment
payable by the contractor under the Contract for total scope of work except Service
Tax.
12.6. Owner will not issue the concessional form for CST/LST on request.
12.7. Bidders shall indicate the following in the price bid:
12.7.1. Schedule of rates (including rates duly filled in for each item). In case, rate for any
activities are not filled in, the total price quoted for the package shall be deemed to be
inclusive of cost incurred for such activity.
12.7.2. The bidder‘s offer shall be evaluated with Service tax (as per latest norms of the
government). Bidders can claim the Service Tax against submission of Service Tax
invoice as per rule 4A of Service tax. Owner will claim Cenvat benefit on Service tax
invoices from concerned authorities.
12.7.3. Discount, if any, must be indicated in the Schedule of Rates only. Conditional discount,
if offered shall not be considered for evaluation.
13.0 BID CURRENCY:
13.1. Bidders should submit bid in Indian Rupees only and will receive payment in the same
currency.
14.0 PERIOD OF VALIDITY OF BIDS
14.1. The bid shall remain valid for acceptance for six (6) months from the bid due date.
Owner shall reject a bid valid for a shorter period being non-responsive.
14.2. In exceptional circumstances, prior to expiry of the original bid validity period, the
Owner may request that the bidder extend the period of validity for a specified additional
period. The requests and the responses thereto shall be made in writing (by fax/post/e-
mail). A bidder may refuse the request without forfeiture of its bid security. A bidder
agreeing to the request will not be required or permitted to modify his bid, but will be
required to extend the validity of its bid security for the period of the extension and in
accordance with ITB clause 15.0 in all respects.
Page13
15.0 BID SECURITY
15.1. Pursuant to clause 8 of IFB, the bidder shall furnish, as part of its Bid, a Bid Security in
the amount specified in the IFB.
15.2. The bid security is required to protect the Owner against the risk of bidder’s conduct,
which would warrant the bid security’s forfeiture, pursuant to clause 15.10 of ITB.
15.3. The bid security shall be in the form of Bank Draft / Bankers’ Cheque pledged in favour
of Managing Director, Assam Gas Company Ltd. payable at Duliajan (issued by Indian
Nationalized/Scheduled bank) as per format enclosed ( F-9).
15.4. AGCL shall not be liable to pay any bank charges, commission or interest on the amount
of bid security.
15.5. Tender will not be valid without proper Bid security
15.6. The bid security shall be valid for eight (8) months i.e. two (02) months beyond the
validity of the bid as specified in Clause 14.0 of ITB.
15.7. Any bid not secured in accordance with clause 15.1 and 15.3 may be rejected by AGCL
as non-responsive.
15.8. Unsuccessful bidder’s bid security will be discharged or returned, as promptly as
possible but not later than 30 days after the expiration of period of bid validity prescribed
by AGCL pursuant to clause 14.0.
15.9. The successful bidder’s bid security will be discharged upon the bidder’s accepting the
order, pursuant to clause 36.0 of ITB and completion of the work successfully.
15.10. The bid security may be forfeited:
If a bidder withdraws its bid during the period of Bid validity.
In case of a successful bidder, if the bidder fails
to accept the award in accordance with clause 36.0 of ITB. OR
to accept the arithmetic corrections pursuant to clause 31.0 of ITB.
AND/OR
to complete the work successfully up to satisfaction of owner/ owner’s
representative.
15.11. Bid security should be in favour of AGCL and addressed to Managing Director. Bid
security must indicate the bid document and the work for which the bidder is quoting.
This is essential to have proper co-relation at a later date.
16.0 PRE-BID MEETING : Not applicable
17.0 FORMAT AND SIGNING OF BID
17.1. The bidder shall prepare one original of the document comprising the bid as per clause
11.0 of ITB marked “original”. In addition, the bidder shall submit two copies of the bid
clearly marked “copies”. In the event of any discrepancy between the original and the
copies, the original will govern.
17.2. The original and all copies of the bid shall be typed or written in indelible ink (in the
case of copies, photocopies are also acceptable) and shall be signed by the person or
persons duly authorized to sign on behalf of the bidder. The name and position held by
each person signing must be typed or printed below the signature. All pages of the bid
except any catalogues / literatures shall be signed and sealed by the person or persons
signing the bid.
17.3. The bid shall contain no alterations, omissions or additions, unless such corrections are
initialed by the person or persons signing the bid.
18.0 DEVIATIONS / MODIFICATIONS:
Page14
18.1. Owner / Owner’s representative will appreciate submission of offer based on the terms
and conditions in the enclosed GCC, SCC, ITB, Scope of Work, and Technical
Specification etc. to avoid wastage of time and money in seeking clarifications on
technical/ commercial aspect of the offer.
18.2. Deviation if any has to be listed only in the covering letter and Form 4 of the bid
document, by the bidder. Deviations listed anywhere else will not be considered and in
case of award of the job to the bidder, the job has to be completed in accordance with the
tender terms and conditions without any commercial implications to the Owner.
18.3. Notwithstanding to the above, bids with the following deviation(s) to the bid conditions
may be summarily rejected. However, Owner reserves the right to take the final decision
in this regard, without assigning any reason:
i. EMD / Bid Security
ii. Firm Price
iii. Scope of work
iv. Completion Schedule
v. Period of validity of bid.
vi. Price Reduction schedule
vii. Payment terms & conditions.
viii. Arbitration / Resolution of dispute
ix. Guarantee/Warrantee and Liability Clause.
x. Security Deposit
18.4 Any other condition specifically mentioned in the tender documents elsewhere that non
compliance of the clause may also lead to rejection of the bid.
19.0 PAYMENTS
19.1. Refer Annexure- IV of SCC
20.0 REPRESENTATIVES/ OWNER’S REPRESENTATIVES/ RETAINERS/
ASSOCIATES
20.1. Not applicable
SUBMISSION OF BIDS
21.0 SEALING AND MARKING OF BIDS
21.1. Bid shall be submitted in the following manner in separate sealed envelopes duly super
scribed as below:
Part - I – Techno-Commercial Un-Priced bid
Part - II - Priced Bid
Part - III - Bid Security
21.2. Techno-Commercial Un-priced Bid: (Part - I) Original Bid of Techno–commercial Un-
priced Bid shall be sealed in one separate envelope super scribing “Techno-Commercial
Un-Priced Bid for INSPECTION (VISUAL AND NDT) OF 01NO. MS
STRUCTURE (STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
“Original”. Each of three copies of Techno-Commercial un-priced Bid shall be sealed in
separate envelopes super scribing “Techno-Commercial Un-Priced Bid for
INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING)
AND BASE OF EXTERNAL FLANGE TYPE RECTANGULAR OVERHEAD PS
WATER TANK. “Copy”.
Page15
21.3. Price Bid: (Part - II) Original Price Bid shall be sealed in separate envelope super scribing
“Price Bid for INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE RECTANGULAR
OVERHEAD PS WATER TANK. “Original”.
21.4. Bid Security & Tender Fee: (Part - III) Original and each of three copies shall be sealed in
separate envelopes clearly super scribing “Bid Security/Tender fee for INSPECTION
(VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING) AND BASE OF
EXTERNAL FLANGE TYPE RECTANGULAR OVERHEAD PS WATER TANK.
“Original” or “Copy” as the case may be. These envelopes shall be further sealed as
detailed hereunder.
21.5 All three parts containing Techno-Commercial Un-priced Bids (One original plus
three copy), Original Price Bid and Bid security (One Original plus three copy) shall
further be sealed in one outer envelope super scribing “Bid for INSPECTION
(VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING) AND BASE OF
EXTERNAL FLANGE TYPE RECTANGULAR OVERHEAD PS WATER
TANK. superscribing bid Document Number and shall be addressed to Managing
Director at address mentioned in clause no. 22.1 below.
22.0 SUBMISSION OF BIDS
22.1. Original Bid (Techno-commercial Un-priced Bid, Price Bid, Bid Security & Tender Fee)
along with copy (Techno-commercial Un priced Bid, Bid security& Tender Fee) as
described in clause no. 21 above must be received by Owner on or before the bid due
date and time being specified in the NIT at the following Address:
Corporate Office
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh,
Assam – 786 602
22.2. Each envelope shall indicate name and address of the bidder.
22.3. If the outer envelopes are not sealed and marked as above, the Owner will assume no
responsibility for the misplacement or premature opening of the bid.
22.4 The Bid must be submitted in the specified Bid-Box, placed in the lobby of AGCL
Corporate Office. Bid submitted in any other place/form will not be considered valid.
23.0 DEADLINE FOR SUBMISSION OF BID
23.1. The Bid must be received by Owner at the address as specified in Clause 22 above no
later than the time and date as specified in clause 6 of IFB.
23.2. The Owner may, in exceptional circumstances and at its discretion, on giving reasonable
notice by fax or any written communication to all prospective bidders who have received
the bid document extend the deadline for the submission of bids in which case all rights
and obligations of the Owner and bidders, previously subject to the original deadline will
thereafter be subject to deadline as extended.
24.0 LATE BIDS
24.1. Any bid received by the Owner after the deadline for submission of bid prescribed by the
Owner’s representative pursuant to clause 22 of ITB will be declared “Late” and hence
shall be rejected.
25.0 MODIFICATION AND WITHDRAWAL OF BIDS
25.1. The bidder may modify or withdraw its bid after the bid submission, but before the due
date of submission provided that written notice of the modification, including
Page16
substitution or withdrawal of the bid, is received by the Owner prior to the deadline
prescribed for submission of bids.
25.2. The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and
delivered in accordance with the provisions of Clause 21.0 of ITB, with the outer
envelopes additionally marked “modification” or “withdrawal” as appropriate. A
withdrawal notice may also be sent by fax/post, but followed by signed confirmation
copy, post marked not later than the deadline for submission of bids.
25.3. No bid shall be modified after the deadline for submission of bid.
25.4. No bid shall be allowed to be withdrawn in the interval between the deadline for
submission of bids and the expiration of the period of bid validity specified by the bidder
on the bid form. Withdrawal of a bid during this interval shall result in the bidder’s
forfeiture of its bid security, pursuant to clause 15.10 of ITB.
BID OPENING AND EVALUATION
26.0 BID OPENING
26.1. UN-PRICED TECHNO – COMMERCIAL BID OPENING:
26.1.1. The Owner will open bids (Part - I & III) including withdrawals and modifications made
pursuant to clause 25 of ITB, in the presence of bidders’ designated representatives who
choose to attend, at date, time as stipulated in IFB at Owner’s address. The bidder’s
representatives who are present shall sign bid-opening register evidencing their
attendance.
26.1.2. Bidder’s names, bid modifications and withdrawals, the presence (or absence) and
amount of bid security, and any other such details as the owner may consider appropriate
will be announced by the owner.
27.0 PROCESS TO BE CONFIDENTIAL
27.1. Information relating to the examination, clarifications, evaluation and comparison of
bids, and recommendations for the Award of Contract shall not be disclosed to bidders or
any other person officially concerned with such process. Any effort by a bidder to
influence the Owner in any manner in respect of bid evaluation or award will result in
the rejection of that bid.
28.0 CONTACTING THE OWNER
28.1. From the time of the bid opening to the time of the Contract award, if any bidder wishes
to contact the Owner for any matter relating to the bid it should do so in writing.
28.2. Any effort by a bidder to influence the Owner in any manner in respect of bid evaluation
or award will result in the rejection of that bid.
29.0 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS
29.1. TECHNO-COMMERCIAL BID EVALUATION
29.1.1. Owner will examine the bids to determine whether they are complete, whether any errors
have been made, whether required securities have been furnished, whether the
documents have been properly signed, and whether the bids are generally in order.
29.1.2. Prior to the detailed evaluation, pursuant to bid evaluation and rejection criteria, the
Owner will determine the substantial responsiveness of each bid to the bidding
documents. For the purpose of this, a substantially responsive bid is one, which conforms
to all the terms and conditions of the Bidding Documents without deviations or
Page17
reservations. The Owner’s determination of a bid’s responsiveness is to be based on the
contents of the bid itself without recourse to extrinsic evidence.
29.1.3. A bid determined as substantially non-responsive will be rejected by the Owner and may
not subsequently be made responsive by the bidder by correction of the non-conformity
through queries / clarifications or any other means.
29.1.4. Bidder’s whose bids are prima-facie responsive, shall be issued queries for seeking
clarifications only. The request for such clarifications and the response shall be in
writing and no change in the price or substance of the bids shall be sought, offered or
permitted. The substance of the bid includes but not limited to price, delivery /
completion schedule, scope, specification, etc. Thus the bidder is not permitted to submit
new documents, new information, withdrawal of deviation, etc., which modifies the
original submission.
29.1.5. No deviation, whatsoever, is permitted in the Bidding Documents and the price bids of
those bidders whose technical and commercial bids contain any exception to the
conditions and stipulations of the Bidding Documents shall not be opened and returned
un-opened to such bidder(s).
29.1.6. The Owner will carry out a detailed evaluation of the bids previously determined to be
responsive in order to determine whether the technical aspects are in accordance with the
requirements set forth in the Bidding Documents. In order to reach such a determination,
the Owner will examine and compare the technical aspects of the bids on the basis of the
information supplied by the bidders, taking into account the following factors:
(a) Overall completeness and compliance with the Technical Specifications; Commercial
conditions; quality, function and operation of any process control concept included in
the bid. The bid that does not meet minimum acceptable standard of completeness in
terms of required documents (11.2.1), consistency and detail will be reject as non-
responsive.
(b) Work experience on similar job will largely determine bidders’ qualification for the
job. Present commitment of the bidder shall also be evaluate with respect to its
maximum turnover achieved during any of the last 3 years.
(c) Solvency/financial soundness of the bidder.
(d) Any other relevant factor, if any that the Owner deems necessary or prudent to be
taken into consideration.
30.0 PRICE – BID OPENING
30.1. The Owner shall inform the time, date and venue for price bid opening to all such
bidders who qualify pursuant to techno-commercial bid evaluation. Bidders may be
required to attend price bid opening at a short notice of 24 hours.
30.2. The Owner will open price bids of all bidders notified to attend price bid opening in
presence of authorized bidders’ representatives. The bidder’s representatives who are
present shall sign bid-opening register evidencing their attendance.
30.3. The bidder’s name, prices, and such other details as the Owner, at its discretion, may
consider appropriate will be announced and recorded at the time of bid opening.
31.0 ARITHMETIC CORRECTIONS
31.1. The bids will be checked for any arithmetic errors as follows:
31.1.1. Where there is a discrepancy between the amount in figures and in words, the amount in
words will govern; and
31.1.2. Where there is a discrepancy between the unit rate and the total resulting from
multiplying the unit rate by the quantity, the unit rate as quoted shall prevail and the total
price shall be corrected.
Page18
31.1.3. If the bidder does not accept the correction of errors, its bid will be rejected and the bid
security will be forfeited.
32.0 CONVERSION TO SINGLE CURRENCY
32.1. NOT APPLICABLE
33.0 EVALUATION AND COMPARISON OF BIDS
33.1. The Schedule of rates quoted shall be taken up for evaluation individually to arrive at the
lowest evaluated bid for complete scope of work.
33.2 . The evaluation of all responsive bids to arrive at lowest evaluated offer for complete scope
of work shall include the following:
33.2.1. Optional items, if any, shall not be considered for the purpose of arriving at the total cost.
However, in case the rates quoted by the selected Bidder of optional items are found
high, such bidder will be required to match the prices of lowest price(s) quoted by other
bidder(s) for similar item.
33.2.2. In case a Bidder does not quote for any item of scope of Schedule of Rates and the total
impact of such unquoted item(s) is/are not exceeding 10% of the total quoted price, the
bid of such bidder shall be evaluated at highest price quoted by any bidder against such
item(s). Thereafter, if such bidder qualifies for award, then price of such unquoted items
shall be negotiated before award for such section. If unquoted items constitute more than
10% of the total quoted price, such bids will be rejected.
34.0 MATCHING OF PRICES BY L-2, L3 AND SO ON BIDDERS BY L-1 BIDDER:
34.1. Not applicable.
35.0 PRICE PREFERENCE
35.1. Price Preference to Central Govt./ Public Sector Undertakings shall be allowed as per
prevailing rules.
AWARD OF CONTRACT
36.0 AWARD OF WORK
36.1. The Owner will award the contract to the successful bidder (s), whose bid has been
determined to be substantially responsive and/or have been determined as lowest on least
cost to Owner and is determined to be qualified to satisfactorily perform the Contract.
36.2. Award of work shall be based on total scope of work basis (part wise).
37.0 SCOPE/QUANTITY VARIATION
37.1. Scope of Lump sum price items:
37.1.1. The bidder prices shall be based on total scope and no variation in Contract price on this
account shall be admissible.
37.2. Scope of Item Rate:
37.2.1. The payment will be controlled by actual quantity executed as certified by Owner’s
representative.
38.0 OWNER’S RIGHT TO ACCEPT / REJECT OF ANY BID
38.1. The Owner reserves the right to accept or reject any bid, and to annul the bidding process
and reject all bids at any time prior to award of the contract without thereby incurring
any liability to the affected bidder or bidders or any obligations to inform the affected
bidder or bidders of the ground for Owner/Owner’s representative’s action.
Page19
40.0 NOTIFICATION OF AWARD
40.1. Prior to the expiration of period of bid validity AGCL will notify the successful bidder in
writing by fax/e-mail to be confirmed in writing, that his bid has been accepted. The
notification of award / Fax of Intent will constitute the formation of the Contract.
40.2. The Completion period shall commence from the date of notification of award / Fax
of Intent (FOI).
40.3. The notification of award will constitute the formation of a Contract, until the Contract has
been affected pursuant to signing of Contract as per Clause 41.0 of ITB.
41.0 SIGNING OF CONTRACT
41.1. After the successful bidder has been notified for acceptance of his bid, the bidder is
required to execute the Contract Agreement within 15 days of receipt of Fax of Intent in
the form provided in the Bidding Documents. The Contract Agreement is to be executed
on the non judicial stamp paper of appropriate value (the cost of stamp paper shall be
borne by the Contractor).
41.2. The successful bidder shall be required to execute a Contract Agreement, as per
proforma given in attachment IV of this bidding document, on non-judicial paper of
appropriate value (the cost of stamp paper shall be borne by the Contractor), within 15
days of the receipt by him of the Notification of Acceptance of Tender. In the event of
failure on the part of the successful bidder to sign the Contract within the above-
stipulated period, the Bid Security shall be forfeited and the acceptance of the tender
shall be considered as cancelled.
42.0 CONTRACT PERFORMANCE GUARANTEE
42.1. The bidder may be asked to provide Performance Guarantee of appropriate value within
15 days of receipt of FOI from the Owner. The Performance Guarantee shall be in form
of either Demand Draft or Banker’s Cheque or Bank Guarantee and shall be in the
currency of Contract.
42.2. Failure of the successful bidder to comply with the requirement of this clause shall
constitute a breach of contract, cause for annulment of the award, forfeiture of the bid
security and any such remedy the Owner may take under the Contract and the Owner my
resort to awarding the Contract to the next ranked bidder.
43.0 CORRUPT AND FRAUDULENT PRACTICES
43.1. The Owner requires that Bidders/Contractors observe the highest standard of ethics
during the execution of Contract. In pursuance of this policy, the Owner defines, for the
purposes of this provision, the terms set forth below as follows :
i) “Corrupt Practice” means the offering, giving, receiving, or soliciting of anything of
value to influence the action of public official in contract execution; and
ii) “Fraudulent Practice” means a misrepresentation of facts in order to influence the
execution of a Contract to the detriment of the Owner, 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 Owner of the benefits of free and
open competition;
43.2. Will reject a proposal for award if it determines that the bidder recommended for award
has engaged corrupt or fraudulent practices in competing for the Contract in question;
43.3. Will declare a firm ineligible as per conditions of bid document.
Page20
ATTACHMENT – I
FORMS AND FORMATS
Page21
INDEX OF ATTACHMENTS
S. No.
Description
Format No
No. of Pages
1.
Covering Letter
-
2
2.
Bidder's General Information's
F-1
2
3.
Bid Form & Appendix
F-2
2
4.
List of Enclosures
F-3
1
5.
Deviations
F-4
1
6.
Work experience of the bidder F-5
1
7. Solvency Certificate F - 6 1
8.
Details of Sub- contractors
F-7
1
9.
Details of EPF Registration
F-8
1
10.
Bid Security Proforma
F-9
1
11.
Letter of Authority
F-10
1
12.
Labour License F-11 1
13. Check list
F-12
2
Page22
Bid Document No. : MWP/CIVIL/984/01
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
COVERING LETTER FOR SUBMISSION OF THE BID
{Required in the letter head of the bidder}
Ref. NO.: Date:
To
The Managing Director,
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh
Assam – 786602
Our Offer No. :
With reference to the above:
1. I/We (Bidder’s Name ___________________________) hereby confirm that the required
work shall be completed as per TENDER DOCUMENT within the specified completion
period. A separately signed and accepted, Schedule of Rates quoted for the complete scope
of work/ quoted in accordance with Notice Inviting Tender, General Conditions of
Contract, Special Conditions of Contract, Schedule of Rates of Completion of Job,
Technical specifications and other documents and papers, all as detailed in the Tender
documents is also submitted.
2. It has been explained & understood to me/us that the time stipulated for completion of work
in all respects and in different stages mentioned in the "Time Schedule" of completion of
jobs and signed and accepted by me/us is the essence of the CONTRACT. I/We agree that
in the case of failure on my/our part to strictly observe the Time of Completion mentioned
for jobs or any of them and to the Final Completion in all respects according to the
schedule set out in the said "Time Schedule" of completion of jobs, I/We shall pay
compensation to the Owner as per provisions and stipulations contained in General
Conditions of Contract and I/We agree to recovery being made as specified therein. In
exceptional circumstances, extension of time which shall always be in writing may,
however, be granted by the Engineer-in-Charge at his entire discretion for some items of
supply, and I/We agree that such extension of time will not be counted for the extension of
completion dates stipulated for job and for the Final Completion of work as stipulated in
the said "Time Schedule" of completion of jobs.
3. I/We also agree to pay the Bid Security / Earnest Money Deposit and accept the terms and
conditions laid down in the memorandum below in this respect.
Page23
MEMORANDUM
a) General Description of Work : ________________________________________
_________________________________________
b) Earnest Money / Bid Security : (Rupees)_______________________________
_________________________________________
The Earnest Money / Bid Security is payable in the manner
set out in para 5 below & also as per the format attached.
(c) Security Deposit : 8% of the Bill amount which will be deducted from
Contractor’s bill if his tender is accepted and work
awarded.
4. Should this tender be accepted, I/We hereby agree to abide by and fulfill all terms and
conditions referred to above and in default thereof, to forfeit and pay to the Owner or its
successors or its authorized nominees such sums of money as are stipulated in conditions
contained in Tender Documents.
5. I/We hereby pay the Earnest Money / Bid Security of Rs.3000.00(Rupees Three thousand) in
the shape of Bank Draft/ Banker’s Cheque No. ____________________ issued by
_____________________________________________ (name and address of the Bank) in
favour of Managing Director, Assam Gas Company Ltd.
6. If I/We fail to commence the scope of work as specified in the bid document, or I/We fail to
deposit the requisite Earnest Money specified in the Memorandum in (3) above, I/We agree
that the Owner or its successors without prejudice to any other right or remedy be at liberty
to forfeit the said Earnest Money / Bid Security in full.
Yours faithfully,
(SIGNATURE AND SEAL OF BIDDER)
Page24
Bid Document No. : MWP/CIVIL/984/02
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
F-1
BIDDER’S GENERAL INFORMATION
To
The Managing Director,
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh
Assam – 786602
1-1 GENERAL
S. No.
Details
Submitted by Bidder
1.
Bidder Name
2.
Number of Years in Operation
3.
Address of Registered Office
City / State /PIN
4.
Operation Address if different from
above City / State /PIN
5.
Phone Number (STD Code) (Telephone
Number)
6.
Fax Number (STD Code) (Telephone Number)
7.
E-mail address
8.
Website if any
9.
ISO Certification, if any
10.
Whether Supplier / Manufacturer/
Dealer/ Trader/ Contractor
11.
Type of Material Supplies
12.
Banker's Name& Branch
13.
Branch IFSC Code
14.
Bank account number
Page25
15. PAN No.
16.
EPF No.
17.
TIN No.
18. VAT Registration No.
Note:
1 Bidders have to submit the supporting document confirming the above registrations
where necessary.
2 Up to date VAT registration for composite works contract, EPF registration, Labour
license and supporting documents for the same, photo-copy of PAN are to be submitted.
3. Only those documents mentioned in clause 11.2.1 of ITB will form the part of Bid
qualification criteria.
4. The above information is required on the bidder’s letterhead.
(SIGNATURE AND SEAL OF BIDDER)
Page26
Bid Document No. : MWP/CIVIL/984/03
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
F-2
BID FORM AND APPENDIX TO BID FORM
To
The Managing Director,
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh
Assam – 786602
Dear Sir,
After examining/reviewing the bid documents for Inspection (Visual and NDT) of 01no. MS
structure (staging) and base of external flange type rectangular overhead PS water tank for Assam Gas Company Ltd., Duliajan, including technical specifications, drawings, IFB, ITB,
GCC, SCC, SOR etc. the receipt of which is hereby duly acknowledged, we, the undersigned,
pleased to offer to execute the work in conformity with the said Bid Documents, including
Addenda Nos. ____________.
We confirm that our bid is valid for a period of three (3) months from the date of opening of
Techno-Commercial Bid, and it shall remain binding upon us and may be accepted by any time
before the expiration of that period.
If our bid is accepted, we will provide the security deposit equal to 8% (eight per cent) of the
Contract Price, which may be deducted from every bill paid to us.
Enclosed herewith is the Appendix to the Bid form duly completed and signed. Until a final
Contract is prepared and executed, the bid together with your written acceptance thereof in your
notification of award shall constitute a binding Contract between us.
We understand that Bid Documents are not exhaustive and any action and activity not
mentioned in Bid Documents but may be inferred to be included to meet the intend of the Bid
Documents shall be deemed to be mentioned in Bid Documents unless otherwise specifically
excluded and we confirm to perform for fulfillment of Contract and completeness of the Facility
in all respects within the time frame and agreed price.
We understand that you are not bound to accept the lowest bid or any bid that you may receive.
SEAL AND SIGNATURE
DATE:
Duly authorized to sign bid for and on behalf of ________________________________
(SIGNATURE OF WITNESS)
WITNESS NAME:
ADDRESS:
Page27
APPENDIX TO BID FORM (F-2)
Amount of Earnest Money : Rs. 3000.00 (Rupees Three thousand).
Price Reduction Schedule : As defined in clause no. 16.0 of SCC
Period of defect liability : 30 days from the date of Completion of the proposed
works.
Effective Date : Date of notification of award / Date of LOI
Bid Validity Period : Six months from date of bid opening
Time for Completion : As per SCC Clause 5.0
(Seal and Signature of the Bidder)
Page28
Bid Document No. : MWP/CIVIL/984/04
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
F-3
LIST OF ENCLOSURES
To
The Managing Director,
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh
Assam – 786602
Dear Sir,
We are enclosing the following documents as part of the bid:
(Please ‘Tick’ whichever is applicable)
1. Power of Attorney of the signatory to the bid document.
2. Previous Experience of similar works completed successfully
3. Proof of Financial soundness from any nationalized bank.
4. Other documents as mentioned in IFB/ITB
5. List of sub contractors for site work etc. (optional)
6. Copy of bid documents along with addendum/corrigendum no……….. duly signed and sealed
on each page, in token of confirmation that Bid Documents are considered in full while
preparing the bid and in case of award, work will be executed in accordance with the
provisions detailed in Bid Documents.
(SEAL AND SIGNATURE OF BIDDER)
Page29
Bid Document No. : MWP/CIVIL/984/05
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
F-4
DEVIATIONS
To
The Managing Director,
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh
Assam – 786602
Dear Sir,
We certify that we have not taken any exceptions/deviations anywhere in the bid. However, any
deviations / exception to the specification / terms & conditions have been mentioned as below.
Further, we also confirm that if any deviation/exception found in the bid other then those
mentioned in the deviation format as given below shall be null & void and may be treated as the
compliance to the bid document.
S.
No.
Cl. Ref.
No
Subject /
Description
Tender requirement Deviation
taken
Reason of
deviations
1
2
3
4
5
Note:
1 Bidder is advice to attach separate sheet duly signed & stamped maintaining the above
format.
2 Bidder to provide the above format on his letterhead.
(SEAL AND SIGNATURE OF BIDDER)
Page30
Bid Document No. : MWP/CIVIL/984/06
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING) AND BASE OF EXTERNAL
FLANGE TYPE RECTANGULAR OVERHEAD PS WATER TANK.
F-5
WORK EXPERIENCE OF THE BIDDER
Sr.
No
Full Postal Address and phone
nos of Client & Name of Officer-
in-Charge
Description of
the Work
Contract
Value
Date of
Commencement
of Work
Scheduled
Time of
completion
Date of
completion Remarks
Note:
1. This list must be a full list of all type of works complete/in hand. Please attach an extra sheet with same format if necessary.
2. Certified copy of work order/completion certificate must be submitted in support.
3. Work experience in Govt./PSU/Corporate House of repute will only be considered.
SEAL AND SIGNATURE OF BIDDER
Page31
Bid Document No. : MWP/CIVIL/984/07
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
F-6
Certificate to be obtained from any Nationalized Bank
[In Bank’s Stationary]
SOLVENCY CERTIFICATE
This is to certify to the best of our knowledge and information that
M/S……………………………………, (Address) ………………………………………… is a
valued customer of our bank and transaction of his A/C (A/C No…………………………….) is
satisfactory and the firm can be treated as solvent and financially sound.
----------------------------------------------------------------------- (any other comment)
Seal & Signature of Authorized Signatory
Name & Designation……..………………..
Date…………………………………………
Page32
Bid Document No. : MWP/CIVIL/984/08
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
F-7
DETAILS OF SUB-CONTRACTORS PROPOSED FOR THE FACILITY
To
The Managing Director,
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh
Assam – 786602
Dear Sir,
Following Sub-contractors are the proposed for the Facility
NAME & ADDRESS
OF
SUB-CONTRACTOR
DESCRIPTION OF WORK
TO BE SUB-CONTRACTED
EXPERIENCE DETAILS OF THE
SUBCONTRACTOR
IN BRIEF IN TERM OF
MAXIMUM SINGLE
CONTRACT VALUE
EXECUTED
NOTE:
I) If no sub-contracts are anticipated, enter the word ‘none’
II) MOU/consent letter from each proposed sub-contractor should be furnished
SEAL AND SIGNATURE OF BIDDER
Page33
Bid Document No. : MWP/CIVIL/984/09
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
F-8
EPF REGISTRATION (when applicable)
To
The Managing Director,
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh
Assam – 786602
Dear Sir,
We hereby confirm that the following EPF Account is under operation and shall be used on
award of the contracts for all EPF related activities for the labour engaged by us.
PF REGISTRATION NO. :
DISTRICT & STATE :
SEAL AND SIGNATURE OF BIDDER
N.B. Detail documents must be submitted supporting upto date EPF registration
Page34
Bid Document No. : MWP/CIVIL/984/10
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
F- 9
Bid Security / Earnest Money Deposit / Bid Document Fee
[Required on the letter head of the bidder]
No. Date:
To
The Managing Director,
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh
Assam – 786602
Dear Sir,
With reference to your NIT No. MWP/CIVIL/984/24 Dated 04/10/2016 and Name of work
Inspection (Visual and NDT) of 01no. MS structure (staging) and base of external flange
type rectangular overhead PS water tank. We are enclosing Bid Security / Earnest Money
amounting to Rs. 3000.00 (Rupees Three thousand) in the shape of Bank Draft / Banker’s
Cheque No……………………. Date………………. Of ……………………………….. Bank [
………………………Branch], pledged in favour of the Managing Director, Assam Gas
Company Ltd., Duliajan.
We also confirm that an amount of Rs. 1000.00 (Rupees One thousand) has been enclosed
towards Bid Document Fee in the form of A/C payee DD No…………………….
Date………………. Of ……………………………….. Bank [ ………………………Branch],
pledged in favour of the Managing Director, Assam Gas Company Ltd., Duliajan. We
understand that the fee is non-refundable.
We understand that this Bank Draft / Banker’s Cheque may be released after the work being
awarded to some other contractor or on successful completion of the work if the work is
awarded to us.
We further undertake that this Bank Draft / Banker’s Cheque may be encashed by AGCL and
may be adjusted towards any amount due by us to AGCL under any part/ clause of this contract.
Yours faithfully,
Signature
Name & Designation
For and on behalf of
Page35
Bid Document No. : MWP/CIVIL/984/11
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
F-10
LETTER OF AUTHORITY
PROFORMA FOR LETTER OF AUTHORITY FOR ATTENDING AND SUBSEQUENT
NEGOTIATIONS/CONFERENCES
No. Date:
To
The Managing Director,
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh
Assam – 786602
Dear Sir,
We _____________________________________ hereby authorize following representative(s)
to attend un-priced bid opening and price bid opening and for any other correspondence and
communication against above Bidding Document:
1) Name & Designation _______________________ Signature _________________
2) Name & Designation _______________________ Signature _________________
We confirm that we shall be bound by all commitments made by aforementioned authorized
representatives.
Yours faithfully,
Signature
Name & Designation
For and on behalf of
Note: This letter of authority should be on the letterhead of the bidder and should be signed by
a person competent and having the power of attorney to bind the bidder. Not more
than two persons are permitted to attend techno–commercial un-priced and price bid
opening.
Page36
Bid Document No. : MWP/CIVIL/984/12
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
F-11
LABOUR LICENCE (when applicable)
To
The Managing Director,
Assam Gas Company Ltd., Duliajan
P O Duliajan, Dist. Dibrugarh
Assam – 786602
Dear Sir,
We hereby confirm that we possess upto date Labour licence under Sec. 12(I) of Contract
Labour (Regulation & Abolition) Act. 1970.
Licence No. :
Validity of Licence : Upto
SEAL AND SIGNATURE OF BIDDER
N.B. Detail documents must be submitted supporting upto date Labour Licence.
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Bid Document No. : MWP/CIVIL/984/13
Name of Work : INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE
(STAGING) AND BASE OF EXTERNAL FLANGE TYPE
RECTANGULAR OVERHEAD PS WATER TANK.
F-12
CHECK LIST
Bidders are requested to duly fill in the checklist. This checklist gives only certain important
items to facilitate the bidder to make sure that the necessary data/information as Bank Draft /
Banker’s cheque for in the bid document has been submitted by them along with their offer.
This, however, does not relieve the bidder of his responsibilities to make sure that his offer is
otherwise complete in all respects.
Please ensure compliance and tick (√) against following points:
Sl.
NO.
DESCRIPTION STATUS
1.0 Signing and stamping each sheet of offer, original bid document including
drawings, addendum (if any)
2.0 Confirm that the following details have been submitted in the Unpriced
part:
a) Covering Letter, Letter of Submission
b) Bank Draft / Banker’s cheque deposit towards Bid Security/Earnest
Money
c) Duly signed and stamped copy of bid document along with drawings
and addendum (if any)
d) Power of Attorney in the name of person signing the bid
e) Details of Past experience supported by relevant documents and proof
of having Class I registration with APWD.
g) Solvency certificate from any Nationalized bank
h) Documents supporting up to date clearance of Sales Tax for composite
works contract, EPF registration, Labour licence and supporting
documents for the same, photo-copy of PAN etc.
i) Copies of documents defining constitution or legal status, place of
registration and principal place of business of the Company
j) Bidders Declaration that they are not under any liquidation court
receivership or similar proceedings.
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k) MOU / letter of commitment with the proposed sub-contractors / suppliers as per tender requirement, if applicable
3.0 Confirm that all forms are enclosed with the bid duly signed by authorised
persons
4.0 Confirm that the price bid has been duly filled in for each item, signed
and stamped on each page.
5.0 Confirm that proper page nos. have been given in sequential way in all the
documents submitted along with your offer with Index.
6.0 Confirm that any correction in the Un-priced part has been initialed and
stamped.
7.0 Confirm that any correction in the “Price Part” has been signed in full and
stamped
(Seal and Signature of Bidder)
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SECTION III
GENERAL CONDITIONS OF CONTRACT
(GCC)
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General Conditions of Contract (GCC)
1.0 DEFINITIONS
1.1 The term initial capitalized and used herein or any other document related to the
Contract, the defined terms set forth in this Clause 1.0 shall have the meanings specified
herein
1.2 Adjudicator means the person or persons named as such in the Contract
appointed by agreement between the Owner and the Contractor to
make a decision on or to settle any dispute or difference between the
Owner and the Contractor referred to him or her by the parties
pursuant to GCC Sub-Clause 6.1 hereof.
1.3 Change shall have meaning ascribed to it pursuant to GCC Sub-Clause 50.1
hereof
1.4 Completion means that the Facilities (or a specific part thereof where specific
parts are specified in the SCC) have been completed operationally
and structurally and put in a tight and clean condition, and that all
work in respect of Pre-commissioning of the Facilities or such
specific part thereof has been completed and commissioning has
been attained as per Technical Specifications.
1.5 Construction
Equipment
means all plant, facilities, equipment, machinery, tools,
apparatus, appliances or things of every kind required in or for
installation, completion and maintenance of Facilities that are to be
provided by the Contractor, but does not include Plant and
Equipment, or other things intended to form or forming part of the
Facilities.
1.6 Contract Price means the sum specified in the Contract and to be paid to the
Contractor for its all obligations as per the provisions of the
Contract, subject to such additions and adjustments thereto or
deductions there from, as may be made pursuant to the Contract.
1.7 Contract or
Agreement
means the Contract entered into between the Owner and the
Contractor, together with the Contract Documents referred to
therein; they shall constitute the Contract, and the term “Contract”
shall, in all such documents, be construed accordingly.
1.8 Contractor’s
Representative
means any person nominated by the Contractor and named as such
in the Contract and approved by the Owner in the manner provided
in GCC Sub-Clause 17.2 (Contractor’s Representative and
Construction Manager) hereof to perform the duties delegated by
the Contractor.
1.9 Contractor means the person(s) whose bid to perform the Contract has been
accepted by the Owner and is named as such in the Contract, and
includes the legal successors or assigns of the Contractor.
1.10 Day means calendar Day of the Gregorian Calendar.
1.11 Defect Liability means the period of validity of the warranties given by the
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Period Contractor commencing the date following the date of successful
completion of the Commissioning of the Facilities or a part thereof,
during which the Contractor is responsible for defects with respect
to the Facilities (or the relevant part thereof).
1.12 Effective Date means the date on which Contractor’s obligations commences and
unless specified otherwise in the Contract or SCC, it will be the date
of notification of award
1.13 Facilities or Work means the Plant and Equipment to be supplied and installed, as well
as all the Installation Services to be carried out by the Contractor
under the Contract.
1.14 Functional
Guarantees
means all such functions of the Facility, which are guaranteed to
achieve and/or demonstrated by the Contractor for its achievement.
1.15 GCC means the General Conditions of Contract hereof.
1.16 Guarantee Test(s) means the test(s) specified in the Technical Specifications to be
carried out to ascertain whether the Facilities or a specified part
thereof is able to attain the Functional Guarantees specified in the
Technical Specifications.
1.17 Installation
Services
means all those services ancillary to the Facilities, to be provided by
the Contractor under the Contract; e.g., collection of Owner issued
material from Owner designated places transportation and provision
of insurance, inspection, expediting, site preparation works
(including the provision and use of Construction Equipment and the
supply of all construction materials required), installation, testing,
pre-commissioning, commissioning, operations, maintenance, the
provision of operations and maintenance manuals, training, etc.
1.18 Mobilization means transporting/establishing of sufficiently adequate
infrastructure by the Contractor at “Site” comprising of
Construction Equipment, aids, tools tackles including setting of site
offices with facilities such as power, water, communication,
conveyance etc. establishing manpower organization comprising of
Construction Manager, engineers, supervising personnel and an
adequate strength of skilled, semi-skilled and unskilled workers,
who, with the so established infrastructure shall be in a position to
commence execution of work at site(s), in accordance with the
agreed quality and HSE (health, safety and environment)
requirements and complete the same within the Completion Time.
1.19 Month means calendar month of the Gregorian Calendar.
1.20 Operational
Acceptance
means the acceptance by the Owner of the Facilities (or any part of
the Facilities where the Contract provides for acceptance of the
Facilities in parts), which certifies the Contractor’s fulfillment of the
Contract in respect of Functional Guarantees of the Facilities (or the
relevant part thereof) .
1.21 Owner means the person named as such in the SCC and includes the legal
successors or assigns of the Owner.
1.22 Plant and
Equipment
means permanent plant, equipment, machinery, apparatus and things
of all kinds to be provided and incorporated in the Facilities by the
Contractor under the Contract (including the spare parts to be
supplied by the Contractor), but does not include Construction
Equipment.
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1.23 Pre-
commissioning
means the testing, checking and other requirements specified in the
Technical Specifications that are to be carried out by the Contractor
in preparation for Commissioning.
1.24 SCC means the Special Conditions of Contract
1.25 Site means the land and other places upon which the Owner has legal
right to install the Facilities though any legitimate means with all
possible rights and means to approach/reach such place or land, and
such other land or places as may be specified in the Contract as
forming part of the Site.
1.26 Specifications means all referred standards, various technical guidelines, technical
documents, provisions and requirements attached and referred to in
Contract Documents which pertain to the method and manner of
performing the Facilities, to the quantities and qualities of the Work
and the materials to be furnished under the
Contract for the work, as may be amended/modified/ reinstated
from time to time.
1.27 Subcontractor means any person, to whom execution of any part of the Facilities,
including preparation of any design or supply of any Plant and
Equipment, is sub-contracted directly or indirectly by the
Contractor, and includes its legal successors or assigns. The term
Subcontractor shall include its sub vendors
1.28 Time for
Completion
means the time within which Completion of the Works/ Facilities as
a whole (or of a part of the Facilities where a separate Time for
Completion of such part has been prescribed) is to be attained in
accordance with the stipulations in the SCC and relevant provisions
of the Contract.
2.0 CONTRACT DOCUMENTS
Subject to order of precedence defined in the Contract, all documents forming part of the
Contract (and all parts thereof) are intended to be correlative, complementary and
mutually explanatory. The Contract shall be read as a whole.
3.0 INTERPRETATION
3.1 LANGUAGE
3.1.1 All Contract Documents, all correspondence and communications to be given, and all
other documentation to be prepared and supplied under the Contract shall be written in
English, and the Contract shall be construed and interpreted in accordance with that
language.
3.1.2 If any of the Contract Documents, correspondence or communications are prepared in any
language other than English then, the English translation of such documents,
correspondence or communications shall prevail in matters of interpretation.
3.2 SINGULAR AND PLURAL
3.2.1 The singular shall include the plural and the plural the singular, except where the context
otherwise requires.
3.3 HEADINGS
3.3.1 The headings and marginal notes in the Contract Documents are intended for ease of
reference, and shall neither constitute a part of the Contract nor affect its interpretation.
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3.4 PERSONS
3.4.1 Words importing persons or parties shall include firms, corporations and government
entities.
3.5 ENTIRE CONTRACT
3.5.1 The Contract constitutes the agreement between the Owner and Contractor with respect
to the subject matter of Contract and supersedes all communications, negotiations and
agreements (whether written or oral) of parties with respect thereto made prior to the date
of Contract, except to the extent any such communications, negotiations and agreement
are specifically made a part of the Contract.
3.6 AMENDMENT
3.6.1 No amendment or other variation of the Contract shall be effective unless it is in writing,
is dated, expressly refers to the Contract, and is signed by a duly authorized
representative of each party hereto.
3.7 INDEPENDENT CONTRACTOR
3.7.1 The Contractor shall be an independent contractor performing the Contract. The Contract
does not create any agency, partnership, joint venture or other joint relationship between
the parties hereto.
3.7.2 Subject to the provisions of the Contract, the Contractor shall be solely responsible for the
manner in which the Contract is performed. All employees, representatives or
Subcontractors engaged by the Contractor in connection with the performance of the
Contract shall be under the complete control of the Contractor and shall not be deemed to
be employees of the Owner, and nothing contained in the Contract or in any subcontract
awarded by the Contractor shall be construed to create any contractual relationship
between any such employees, representatives or Subcontractors and the Owner.
3.8 JOINT VENTURE or CONSORTIUM
3.8.1 If the Contractor is a joint venture or consortium of two or more persons (if permitted in
SPC), all such firms shall be jointly and severally bound to the Owner for the fulfillment
of the provisions of the Contract and shall designate one of such persons to act as a
leader with authority to bind the joint venture or consortium. The composition or the
constitution of the joint venture or consortium shall not be altered without the prior
consent of the Owner.
3.9 NON-WAIVER
3.9.1 Subject to GCC Sub-Clause 3.9.2 below, no relaxation, forbearance, delay or indulgence
by either party in enforcing any of the terms and conditions of the Contract or the
granting of time by either party to the other shall prejudice, affect or restrict the rights of
that party under the Contract, nor shall any waiver by either party of any breach of
Contract operate as waiver of any subsequent or continuing breach of Contract.
3.9.2 Any waiver of a party’s rights, powers or remedies under the Contract must be in
writing, must be dated and signed by an authorized representative of the party granting
such waiver, and must specify the right and the extent to which it is being waived.
3.10 SEVERABILITY
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3.10.1 If any provision or condition of the Contract is prohibited or rendered invalid or
unenforceable, such prohibition, invalidity or unenforceability shall not affect the
validity or enforceability of any other provisions and conditions of the Contract.
3.11 COUNTRY of ORIGIN
3.11.1 “Origin” means the place where the materials, equipment and other supplies for the
Facilities are mined, grown, produced or manufactured, and from which the services are
provided.
4.0 NOTICES
4.1 Unless otherwise stated in the Contract, all notices to be given under the Contract shall
be in writing, and shall be sent by either one or more of the means namely personal
delivery, airmail post, special courier, facsimile or Electronic Data Interchange (EDI) to
the address of the relevant party set out in the Contract, with the following provisions:
4.2 Any notice sent by facsimile or EDI shall be confirmed within two (2) Days through
airmail post or special courier, except as otherwise specified in the Contract.
4.3 Any notice sent by airmail post or special courier shall be deemed (in the absence of
evidence of earlier receipt) to have been delivered within three (3) working Days of
dispatch excluding the date of dispatch. In proving the fact of dispatch, it shall be
sufficient to show that the envelope containing such notice was properly addressed,
stamped and conveyed to the postal authorities or courier service for transmission by
airmail or special courier.
4.4 Any notice delivered personally or sent by facsimile or EDI shall be deemed to have
been delivered on date of its dispatch.
4.5 Either party may change its postal, facsimile or EDI address or addressee for receipt of
such notices by ten (10) Days’ notice to the other party in writing.
4.6 Notices shall be deemed to include any approvals, consents, instructions, orders and
certificates to be given under the Contract.
5.0 GOVERNING LAW
DELETED
6.0 SETTLEMENT OF DISPUTES
6.1 Adjudicator
6.1.1 If any dispute of any kind whatsoever shall arise between the Owner and the Contractor in
connection with or arising out of the Contract, including without prejudice to the
generality of the foregoing, any question regarding its existence, validity or termination,
or the execution of the Facilities whether during the progress of the Facilities or after
their completion and whether before or after the termination, abandonment or breach of
the Contract the parties shall seek to resolve any such dispute or difference by
Adjudicator. Adjudicator will give its decisions within fifteen (15) Days of referring the
dispute. Either party, if not in agreement with Owner’s Representative’s decision, within
fifteen (15) Days of decision by Adjudicator may refer the dispute in writing to the
Adjudicator only if Adjudicator (s) is/are named in the Contract, otherwise may refer to
arbitration pursuant to GCC Sub-Clause 6.2.
6.1.2 In case the matter is referred to the Adjudicator pursuant to GCC Sub-Clause 6.1.1, the
Adjudicator shall give its decision in writing to both parties within thirty(30) Days of a
dispute being referred to it. If the Adjudicator has done so, and no notice of intention to
commence arbitration has been given by either the Owner or the Contractor within sixty
(60) Days of such reference, the decision shall become final and binding upon the Owner
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and the Contractor. The parties shall implement any decision that has become final and
binding forthwith.
6.1.3 The Adjudicator fee shall be divided equally between the Owner and the Contractor.
6.2 Arbitration
6.2.1 If either the Owner or the Contractor is dissatisfied with the Adjudicator’s decision, or if
the Adjudicator fails to give a decision within thirty (30) Days of a dispute being referred
to it, then either the Owner or the Contractor may, within sixty (60) Days of such
reference, give notice to the other party, with a copy for information to the Adjudicator,
of its intention to commence arbitration, as hereinafter provided, as to the matter in
dispute, and no arbitration in respect of this matter may be commenced unless such
notice is given.
6.2.2 Any dispute, in respect of which a notice of intention to commence arbitration has been
given, in accordance with GCC Sub-Clause 6.2.1, shall be finally settled by arbitration.
Arbitration may be commenced prior to or after completion of the Facilities.
6.2.3 Arbitration proceedings shall be conducted in accordance with the rules of procedure
designated in the SCC.
6.2.4 Not withstanding any reference to the Adjudicator or arbitration herein,
6.2.4.1The parties shall continue to perform their respective obligations under the Contract
unless they otherwise agree
6.2.4.2 Either party shall pay to other party the sum due to such other party under the provisions
of the Contract, unless any such payment itself is under reference to Adjudicator or
arbitration.
6.2.4.3 Except the specific provisions of the Contract surviving after its expiry, no matter will be
referred to the Adjudicator by either party beyond ninety (90) Days of final payment to
the Contractor or return of securities under the Contract, whichever is later.
7.0 SCOPE OF FACILITIES
7.1 Unless otherwise expressly limited in the Technical Specifications and/or SCC, the
Contractor’s obligations shall cover the provision of all Plant and Equipment and the
performance of all Installation Services required for the design, the manufacture
including procurement, quality assurance, construction, installation, associated civil
works, Pre commissioning and Commissioning of the Facilities in accordance with the
plans, procedures, specifications, drawings, codes and any other documents as specified
in the Technical Specifications. Such specifications include, but are not limited to, the
provision of supervision and engineering services; the supply of labour, materials,
equipment, spare parts (as specified in GCC Sub-Clause 7.3 below) and accessories;
Construction Equipment; construction utilities and supplies; temporary materials,
structures and facilities; transportation (including, without limitation, unloading and
hauling to, from and at the Site); and storage, except for those supplies, works and
services that will be provided or performed by the Owner under the Contract.
7.2 The Contractor shall, unless specifically excluded in the Contract, perform all such work
and/or supply all such items and materials not specifically mentioned in the Contract but
that can be reasonably inferred from the Contract as being required for attaining
Completion of the Facilities as if such work and/or items and materials were expressly
mentioned in the Contract.
7.3 In addition to the supply of Mandatory Spare Parts included in the Contract, the
Contractor agrees to supply spare parts required for the operation and maintenance of the
Facilities for the period specified in the SCC. However, the identity, specifications and
quantities of such spare parts (other than spares for pre-commissioning/commissioning)
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and the terms and conditions including price relating to the supply thereof are to be
agreed between the Owner and the Contractor.
8.0 TIME FOR COMMENCEMENT AND COMPLETION
8.1 The Contractor shall commence work on the Facilities within the period specified in the
SCC and without prejudice to the provision of Liquidated Damages hereof. The
Contractor shall thereafter complete the Facilities in accordance with the time schedule
specified in SCC or in the Contract.
8.2 The Contractor shall attain completion of the Facilities (or of a part where a separate
time for Completion of such part is specified in the Contract) within the such time
schedule or within such extended time schedule to which the Contractor shall be entitled
pursuant to GCC Clause 51.
9.0 CONTRACTOR’S OBLIGATIONS
9.1 The Contractor shall design, manufacture (including associated purchases and/or
subcontracting), install and complete the Facilities with due care and diligence in
accordance with the Contract.
9.2 The Contractor confirms that it has entered into the Contract on the basis of a proper
examination of the data relating to the Facilities provided by the Owner, and on the basis
of information that the Contractor could have obtained from the inspection of the Site (if
access thereto was available) and of other data readily available to it relating to the
Facilities prior to its bid submission. The Contractor acknowledges that any failure to
acquaint itself with all such data and information shall not relieve it from the
responsibility for properly estimating the difficulty or cost of successfully performing the
Facilities/Work.
9.3 The Contractor shall acquire in its name all permits, approvals and/or licenses from all
local, state or national government authorities or public service undertakings that are
necessary for the performance of the Contract, including, without limitation, visas for the
Contractor’s and Subcontractor’s expatriate/ personnel and entry permits for all imported
Construction Equipment. The Contractor shall acquire all other permits, approvals and/or
licenses that are not the responsibility of the Owner under GCC Sub-Clause 10.3 hereof
and that are necessary for the performance of the Contract.
9.4 The Contractor shall comply with all laws in force where the Facilities are installed and
where the Installation Services are carried out. The laws will include all local, state,
national or other laws that affect the performance of the Contract and bind upon the
Contractor. The Contractor shall indemnify and hold harmless the Owner from and
against any and all liabilities, damages, claims, fines, penalties and expenses of whatever
nature arising or resulting from the violation of such laws by the Contractor or its
personnel, including the Subcontractors and their personnel, but without prejudice to
GCC Sub-Clause 10.1 hereof.
9.5 The Contractor shall obtain necessary power and water connection from relevant
authority and will pay its uses charges, if so required as per the provisions of SCC.
9.6 The Contractor shall be responsible for (i) providing necessary residential
accommodation for its and its Subcontractor’s employees, staff, workers etc. (ii)
construction of necessary office accommodation, with all storage facilities; (iii)
construction of temporary roads, lighting, sanitary, kitchen etc. for performing its
obligations. Owner’s responsibility for providing land, if any, will be governed by the
provisions stipulated in SCC.
10.0 OWNER’S OBLIGATIONS
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10.1 The Owner shall ensure the accuracy of all information and/or data to be supplied by the
Owner, except when otherwise expressly stated in the SCC and/or Contract.
10.2 The Owner shall be responsible for acquiring and providing legal and physical
possession of the Site and access thereto, and for providing possession of and access to
all other areas reasonably required for the proper execution of the Contract, including all
requisite rights of way. The Owner shall give full possession of and accord all rights of
access thereto to the Contractor as per the time schedule agreed in the Contract.
10.3 The Owner shall acquire and pay for all permits, approvals and/or licenses from all local,
state or national government authorities or public service undertakings required to own
the Facility.
10.4 If requested by the Contractor, the Owner shall use its best endeavors to assist the
Contractor in obtaining in a timely and expeditious manner all permits, approvals and/or
licenses necessary for the execution of the Contract from all local, state or national
government authorities or public service undertakings that such authorities or
undertakings require the Contractor or Subcontractors or the personnel of the Contractor
or Subcontractors, as the case may be, to obtain.
10.5 Unless otherwise specified in the Contract or agreed upon by the Owner and the
Contractor, the Owner shall provide sufficient, properly qualified operating and
maintenance personnel; shall supply and make available all raw materials, utilities,
lubricants, chemicals, catalysts, other materials and facilities; and shall perform all work
and services of whatsoever nature, including those required by the Contractor to properly
carry out Pre commissioning, Commissioning and Guarantee Tests, all in accordance
with the provisions of the Contract at or before the time specified in the program
furnished by the Contractor under GCC Sub-Clause 18.2 hereof and in the manner
thereupon specified or as otherwise agreed upon by the Owner and the Contractor.
10.6 The Owner shall be responsible for the continued operation of the Facilities after taking
over the complete facility.
11.0 CONTRACT PRICE
11.1 The Contract Price shall be as specified in the Contract.
11.2 Unless indicated otherwise in the SCC, the Contract Price shall be firm, not subject to
any alteration, except in the event of a Change in the Facilities or as otherwise provided
in the Contract.
11.3 Subject to GCC Sub-Clauses 9.2, 10.1 and 46.1 hereof, the Contractor shall be deemed to
have satisfied itself as to the correctness and sufficiency of the Contract Price, which
shall, except as otherwise provided for in the Contract, cover all its obligations under the
Contract.
12.0 TERMS OF PAYMENT
12.1 The Contract Price shall be paid as specified in SCC and in the corresponding Appendix
(Terms and Procedures of Payment) to the Contract. The procedures to be followed in
making application for and processing payments shall be those outlined in the same
Appendix, failing which will be agreed to between the parties and incorporated in the
Contract.
12.2 No payment made by the Owner herein shall be deemed to constitute acceptance by the
Owner of the Facilities or any part(s) thereof.
13.0 SECURITIES
14.0 TAXES AND DUTIES
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14.1 Except as otherwise specifically provided in the Contract, the Contractor shall bear and
pay all taxes, duties, levies and charges assessed on the Contractor, its Subcontractors or
their employees by all municipal, state or national government authorities in connection
with the Facilities in and outside of the country where the Site is located.
14.2 For the purpose of the Contract, it is agreed that the Contract Price specified in Contract
is based on the taxes, duties, levies and charges prevailing on bid due date. If any rates of
Tax are increased or decreased, a new Tax is introduced, an existing Tax is abolished, or
any change in interpretation or application of any Tax occurs in the course of the
performance of Contract, which was or will be assessed on the Contractor,
Subcontractors or their employees in connection with performance of the Contract, an
equitable adjustment of the Contract Price shall be made to fully take into account any
such change by addition to the Contract Price or deduction there from, as the case may
be, in accordance with GCC Clause 47.0 hereof.
15.0 COPYRIGHT
15.1 The copyright in all drawings, documents and other materials containing data and
information furnished to the Owner by the Contractor herein shall remain vested in the
Contractor or, if they are furnished to the Owner directly or through the Contractor by
any third party, including suppliers of materials, the copyright in such materials shall
remain vested in such third party.
16.0 CONFIDENTIALITY
16.1 The Contractor cannot, without agreement of the Owner, disclose nor enable third
parties to benefit from the documents drawn up in the course of his obligations under the
Contract or information received from the Owner.
16.2 Further, Contractor is not allowed to publish copy or transmit to third parties the
documents that are transmitted to him by the Owner. The Owner retains the right to
claim damages in the case where these documents have been used without his written
consent.
16.3 However, these obligations do not apply to documents for which it can be demonstrated
that :
such documents were already public before these were communicated to the
Contractor or have become public since without any fault or negligence of the
Contractor, or
such documents were already in its possession without having obtained them
directly or indirectly from the Owner, or
such documents were obtained from an independent source that had neither direct
nor indirect secrecy commitment to the Owner.
16.4 Regarding the application of this clause, the experts appointed by the Owner’s
Representative/Owner are not considered as third parties, and for this reason they have to
respect, towards the Contractor, the same obligations as the Owner in these matters.
16.5 Any document other than the Contract itself, shall remain the property of the Owner and
shall be returned (all copies) to the Owner on completion of the Contractor’s
performance under the Contract, if so required by the Owner.
16.6 The provisions of this GCC Clause 16.0 shall survive termination of the Contract, for
whatever reason.
17.0 REPRESENTATIVES OF PARTIES
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17.2 Contractor’s Representative & Construction Manager
17.2.1 If the Contractor’s Representative is not named in the Contract, then within fifteen (15)
Days of the Effective Date, the Contractor shall appoint the Contractor’s Representative
and shall request the Owner in writing to approve the person so appointed. If the Owner
makes no objection to the appointment within fifteen (15) Days thereafter, the
Contractor’s Representative shall be deemed to have been approved. If the Owner
objects to the appointment within fifteen (15) Days of receiving the request for approval
giving the reason therefore, then the Contractor shall appoint a replacement within
fifteen (15) Days of such objection, and the foregoing provisions of this GCC Sub-
Clause 17.2.1 shall apply thereto.
17.2.2 The Contractor’s Representative shall represent and act for the Contractor at all times
during the currency of the Contract and shall give to the owner all the Contractor’s
notices, instructions, information and all other communications under the Contract.
17.2.3 All notices, instructions, information and all other communications given by the Owner
to the Contractor under the Contract shall be given to the Contractor’s Representative or,
in its absence, its deputy, except as herein otherwise provided.
17.2.4 The Contractor shall not revoke the appointment of the Contractor’s Representative
without the Owner’s prior written consent, which shall not be unreasonably withheld. If
the Owner consents thereto, the Contractor shall appoint some other person as the
Contractor’s Representative, pursuant to the procedure set out in GCC Sub-Clause
17.2.1.
17.2.5 The Contractor’s Representative may, subject to the approval of the Owner (which shall
not be unreasonably withheld), at any time delegate to any person any of the powers,
functions and authorities vested in him or her. Any such delegation may be revoked at
any time. Any such delegation or revocation shall be subject to a prior notice signed by
the Contractor’s Representative, and shall specify the powers, functions and authorities
thereby delegated or revoked. No such delegation or revocation shall take effect unless
and until a copy thereof has been delivered to the Owner
.17.2.6 Any act or exercise by any person of powers, functions and authorities so delegated to
him or her in accordance with this GCC Sub-Clause 17.2.5 shall be deemed to be an act
or exercise by the Contractor’s Representative.
17.2.7 From the time of preparation for the commencement of installation of the Facilities at the
Site and until Completion, the Contractor’s Representative shall appoint a suitable
person as the construction manager (hereinafter referred to as “the Construction
Manager”). The Construction Manager shall supervise all work done at the Site by the
Contractor and shall be present at the Site throughout normal working hours except when
on leave, sick or absent for reasons connected with the proper performance of the
Contract. Whenever the Construction Manager is absent from the Site, a suitable person
shall be appointed to act as his or her deputy.
17.2.8 The Owner may by notice to the Contractor object to any representative or person
employed by the Contractor in the execution of the Contract who, in the reasonable
opinion of the Owner, behaves inappropriately, is incompetent or negligent and/or may
commit a serious breach of the Site regulations provided under GCC Sub-Clause 26.0.
The Owner shall provide evidence of the same, whereupon the Contractor shall remove
such person from the Facilities.
17.2.9 If any representative or person employed by the Contractor is removed in accordance
with GCC Sub-Clause 17.2.8, the Contractor shall, where required, promptly appoint a
replacement.
Page50
18.0 WORK PROGRAM
18.1 Contractor’s Organization
18.1.1 The Contractor shall supply to the Owner a chart showing the proposed organization to be
established by the Contractor for carrying out work on the Facilities. The chart shall
include the identities of the key personnel together with the curricula vitae of such key
personnel to be employed within fifteen (15) Days of the Effective Date. The Contractor
shall promptly inform the Owner in writing of any revision or alteration of such an
organization chart.
18.2 Program of Performance
18.2.1 Within 7 (Seven) Days after the date of signing the Contract, the Contractor shall prepare
and submit to the owner a detailed program of performance of the Contract, made in the
form specified in the SCC and showing the sequence in which it proposes to design,
manufacture, transport, assemble, install and pre-commission the Facilities, as well as the
date by which the Contractor reasonably requires that the Owner shall have fulfilled its
obligations under the Contract so as to enable the Contractor to execute the Contract in
accordance with the program and to achieve Completion, Commissioning and
Acceptance of the Facilities in accordance with the Contract. The program so submitted
by the Contractor shall be in accordance with the Time of Completion specified in SCC
and/or included in the Contract and any other dates and periods specified in the Contract.
The Contractor shall update and revise the program as and when appropriate or when
required by the owner, but without modification in the Times for Completion given in
the SCC and any extension granted pursuant to GCC Clause 51.0, and shall submit all
such revisions to the owner.
18.3 Progress Report
18.3.1 The Contractor shall monitor progress of all the activities specified in the program
referred to in GCC Sub-Clause 18.2 above and supply a progress report to the owner
every month.
18.3.2 The progress report shall be in a form acceptable to the owner and shall indicate:
(a) %age completion achieved compared with the planned percentage completion for
each activity; and
(b) where any activity is behind the program, giving comments and likely consequences
and stating the corrective action being taken.
18.4 Progress of Performance
18.4.1 If at any time the Contractor’s actual progress falls behind the program referred to in
GCC Sub-Clause 18.2 or it becomes apparent that it will so fall behind, the Contractor
shall, at the request of the Owner, prepare and submit to the owner a revised program,
taking into account the prevailing circumstances, and shall notify the owner of the steps
being taken to expedite progress so as to attain Completion of the Facilities within the
Time for Completion under GCC Sub-Clause 8.2 subject to the provision of GCC sub-
clause 51.1 or any extended period as may otherwise be agreed upon between the Owner
and the Contractor.
18.5 Work Procedures.
18.5.1 The Contract shall be executed in accordance with the Contract Documents and the
procedures given in the Contract.
Page51
18.5.2 The Contractor may execute the Contract in accordance with its own standard project
execution plans and procedures to the extent that they do not conflict with the provisions
contained in the Contract.
19.0 SUBCONTRACTING
19.1 The corresponding Appendix (List of Approved Subcontractors) to the Contract specifies
major items of supply or services and a list of approved Subcontractors against each
item, including vendors. Insofar as no Subcontractors are listed against any such item,
the Contractor shall prepare a list of Subcontractors for such item for inclusion in such
list. The Contractor may from time to time propose any addition to or deletion from any
such list. The Contractor shall submit any such list or any modification thereto to the
Owner for its approval in sufficient time so as not to impede the progress of work on the
Facilities. Such approval by the Owner for any of the Subcontractors shall not relieve the
Contractor from any of its obligations, duties or responsibilities under the Contract.
19.2 The Contractor shall select and employ its Subcontractors for such major items from
those listed in the lists referred to in GCC Sub-Clause 19.1.
19.3 For items or parts of the Facilities not specified in the Contract Documents, the
Contractor may employ such Subcontractors as it may select, at its discretion.
20.0 DESIGN AND ENGINEERING
20.2 Codes and Standards
20.2.1 Wherever references are made in the Contract to codes and standards in accordance with
which the Contract shall be executed, the edition or the Revised Version of such codes
and standards current at the date thirty (30) Days prior to date of bid submission shall
apply unless otherwise specified. During Contract execution, any changes in such codes
and standards shall be applied after approval by the Owner and shall be treated in
accordance with GCC Clause 50.0
21.0 PROCUREMENT
21.1 Plant and Equipment
21.1.1 The Contractor shall manufacture or procure and transport all the Plant and Equipment in an
expeditious and orderly manner to the Site.
22.0 TRANSPORTATION
22.1 The Contractor shall at its own risk and expense transport all the Plant and Equipment
and the Construction Equipment to the Site by the mode of transport that the Contractor
judges most suitable under all the circumstances.
23.0 CUSTOMS CLEARANCE
23.1 Not Applicable.
24.0 INSTALLATION : Not Applicable.
25.0 CONSTRUCTION EQUIPMENT : Not Applicable.
26.0 SITE REGULATIONS AND SAFETY
26.1 The Owner and the Contractor shall establish Site regulations setting out the rules to be
observed in the execution of the Contract at the Site and shall comply therewith. The
Contractor shall prepare and submit to the Owner, proposed Site regulations for the
Owner’s approval, which approval shall not be unreasonably withheld. Such Site
regulations shall include, but shall not be limited to, rules in respect of security, safety of
the Facilities, gate control, sanitation, medical care, and fire prevention.
27.0 OPPORTUNITIES FOR OTHER CONTRACTORS
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27.1 The Contractor shall, upon written request from the Owner, give all reasonable
opportunities for carrying out the work to any other contractors employed by the Owner
on or near the Site.
28.0 EMERGENCY WORK
28.1 If, by reason of an emergency arising in connection with and during the execution of the
Contract, any protective or remedial work is necessary as a matter of urgency to prevent
damage to the Facilities, the Contractor shall immediately carry out such work.
29.0 SITE CLEARANCE
29.1 Site Clearance in Course of Performance: In the course of carrying out the Contract, the
Contractor shall keep the Site reasonably free from all unnecessary obstruction, store or
remove any surplus materials, clear away any wreckage, rubbish or temporary works
from the Site, and remove any Construction Equipment no longer required for execution
of the Contract.
29.2 Clearance of Site after Completion: After Completion of all parts of the Facilities, the
Contractor shall clear away and remove all wreckage, rubbish and debris of any kind
from the Site, and shall leave the Site and Facilities clean and safe.
30.0 WATCHING AND LIGHTING
30.1 The Contractor shall provide and maintain at its own expense all lighting, fencing, and
watching when and where necessary for the proper execution and the protection of the
Facilities, or for the safety of the owners and occupiers of adjacent property and for the
safety of the public.
31.0 WORK AT NIGHT AND ON HOLIDAYS
31.1 Unless otherwise provided in the Contract, no work shall be carried out during the night
and on public holidays of the country where the Site is located without prior written
consent of the Owner, except where work is necessary or required to ensure safety of the
Facilities or for the protection of life, or to prevent loss or damage to property, when the
Contractor shall immediately advise the Owner’s Representative, provided that
provisions of this GCC Sub-Clause 31.1 shall not apply to any work which is
customarily carried out by rotary or double-shifts.
32.0 TEST AND INSPECTION
32.1 The Contractor shall at its own expense carry out at the place of manufacture and/or on
the Site all such tests and/or inspections of the Plant and Equipment and any part of the
Facilities as are specified in the Contract.
33.0 COMPLETION OF THE FACILITIES
33.1 As soon as the Facilities or any part thereof has, in the opinion of the Contractor, been
completed operationally and structurally and put in a tight and clean condition as
specified in the Technical Specifications, excluding minor items not materially affecting
the operation or safety of the Facilities, the Contractor shall so notify the Owner in
writing.
33.2 If the Owner’s representative is not so satisfied, then it shall notify the Contractor in
writing of any defects and/or deficiencies within seven (7) Days after receipt of the
Contractor’s repeated notice, and the above procedure shall be repeated.
33.3 As soon as possible after Completion, the Contractor shall complete all outstanding
minor items so that the Facilities are fully in accordance with the requirements of the
Contract, failing which the Owner will undertake such completion and deduct the costs
thereof from any monies owing to the Contractor.
34.0 COMMISSIONING : Not Applicable.
35.0 PARTIAL ACCEPTANCE
35.1 Partial acceptance of facilities subject to owner’s discretion.
36.0 COMPLETION TIME GUARANTEE
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36.1 The Contractor guarantees that it shall attain Completion of the Facilities (or a part for
which a separate time for completion is specified in the SCC) within the Time for
Completion specified in the SCC pursuant to GCC Sub-Clause 8.2, or within such
extended time to which the Contractor shall be entitled under GCC Clause 51.0 hereof.
36.2 If the Contractor fails to attain Completion of the Facilities or any part thereof within the
Time for Completion or any extension thereof pursuant to GCC Clause 51.0 the
Contractor’s prices shall be reduced for delay in the amount specified or as a percentage
rate of the Contract Price as stipulated in the SCC, or the relevant part thereof. The
aggregate amount of such reduction for any reason shall in no event exceed the amount
specified as “Maximum” in the SCC. Once the “Maximum” is reached, the Owner may
consider termination of the Contract, pursuant to GCC Sub-Clause 53.4.
36.3 However, the reduce prices for delay shall not in any way relieve the Contractor from
any of its obligations to complete the Facilities or from any other obligations and
liabilities of the Contractor under the Contract.
37.0 DEFECT LIABILITY
37.1 The Contractor warrants that the Facilities or any part thereof shall be free from defects
in the design, engineering, materials and workmanship of the Plant and Equipment
supplied and of the Facilities.
37.2 The Defect Liability Period shall be twelve (12) months from the date of Operational
Acceptance of the Facilities, unless specified otherwise in the SCC/Technical
Specifications.
37.3 If during the Defect Liability Period any defect should be found in the design,
engineering, materials and workmanship of the Plant and Equipment supplied or of the
work executed by the Contractor, the Contractor shall promptly, in consultation and
agreement with the Owner regarding appropriate remedying of the defects, and at its
cost, repair, replace or otherwise make good (as the Contractor shall, at its discretion,
determine) such defect as well as any damage to the Facilities caused by such defect.
37.4 If the Contractor fails to commence the work necessary to remedy such defect or any
damage to the Facilities caused by such defect within a reasonable time (which shall in
no event be considered to be less than fifteen (15) Days), the Owner may, following
notice to the Contractor, proceed to do such work, and the reasonable costs incurred by
the Owner in connection therewith shall be paid to the Owner by the Contractor or may
be deducted by the Owner from any monies due the Contractor or claimed under the
Performance Security.
38.0 FUNCTIONAL GUARANTEES
38.1 The Contractor guarantees that during the Guarantee Test, the Facilities and all parts
thereof shall attain the Functional Guarantees specified in the Contract, subject to and
upon the conditions therein specified.
39.0 PATENT INDEMNITY : Not Applicable.
40.0 LIMITATION OF LIABILITY : Not Applicable.
41.0 TRANSFER OF OWNERSHIP : Not Applicable.
42.0 TAKING OVER
42.1 Owner will take over the care, custody and control of the Facility or its part if agreed
specifically upon satisfaction by Contractor of the (i) achievement of the Completion; (ii)
all services required to have been performed in accordance with the requirements of the
Technical Specifications and the other requirements of the Contract.
43.0 CARE OF FACILITIES
43.1 The Contractor shall be responsible for the care and custody of the Facilities or any part
thereof until the date of the taking over of the Facilities
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44.0 INDEMNIFICATION (LOSS OF DAMAGE TO PROPERTY,
ACCIDENT/INJURY TO WORKERS)
44.1 The Contractor shall indemnify and hold harmless the Owner and its employees and
officers from and against any and all suits, actions or administrative proceedings, claims,
demands, losses, damages, costs, and expenses of whatsoever nature, including
attorney’s fees and expenses, in respect of the death or injury of any person or loss of or
damage to any property (other than the Facilities whether accepted or not), arising in
connection with the supply and installation of the Facilities and by reason of the
negligence of the Contractor or its Subcontractors, or their employees, officers or
Authorized Representatives, except any injury, death or property damage caused by the
negligence
45.0 INSURANCE : Not Applicable.
46.0 UNFORESEEN CONDITIONS
46.1 If, during the execution of the Contract, the Contractor shall encounter on the Site any
physical conditions (other than climatic conditions) or artificial obstructions that could
not have been reasonably foreseen prior to the Effective Date of the Contract by an
experienced contractor on the basis of reasonable examination of the data relating to the
Facilities (including any data as to boring tests) provided by the Owner, and on the basis
of information that it could have obtained from a visual inspection of the Site (if access
thereto was available) or other data readily available to it relating to the Facilities, and if
the Contractor determines that it will in consequence of such conditions or obstructions
incur additional cost and expense or require additional time to perform its obligations
under the Contract that would not have been required if such physical conditions or
artificial obstructions had not been encountered, the Contractor shall promptly, and
before performing additional work or using additional Plant and Equipment or
Construction Equipment, notify the Owner’s Representative in writing of 46.2 The
physical conditions or artificial obstructions on the Site that could not have been
reasonably foreseen
46.3 The additional work and/or Plant and Equipment and/or Construction Equipment
required, including the steps which the Contractor will or proposes to take to overcome
such conditions or obstructions
46.4 The extent of the anticipated delay
46.5 The additional cost and expense that the Contractor is likely to incur.
46.6 On receiving any notice from the Contractor under this GCC Sub-Clause
47.0 CHANGE IN LAWS AND REGULATIONS
47.1 If, after the date thirty (30) Days prior to the date of Bid submission, any law, regulation,
ordinance, order or by-law having the force of law is enacted, promulgated, abrogated or
changed (which shall be deemed to include any change in interpretation or application by
the competent authorities) that subsequently affects the costs and expenses of the
Contractor by an amount exceeding the amount specified in SCC and/or the Time for
Completion, the Contract Price shall be correspondingly increased or decreased, and/or
the Time for Completion shall be reasonably adjusted to the extent that the Contractor
has thereby been affected in the performance of any of its obligations under the Contract.
47.2 Such Change in Law provision shall be applicable only if, enacted on or prior to
agree schedule of Completion or actual schedule, which ever is earlier.
47.3 If due to enactment of such Change in Law, Contractor is entitled for additional amount
same shall be paid against a claim supported by documentary evidence by the Contractor
along with final payment.
48.0 FORCE MAJEURE
Page55
48.1 “Force Majeure” shall mean any event beyond the reasonable control of the Owner or of
the Contractor, as the case may be, and which is unavoidable notwithstanding the
reasonable care of the party affected, and shall include, without limitation, the following:
War, hostilities or warlike operations (whether a state of war be declared or not),
invasion, act of foreign enemy and civil war
rebellion, revolution, insurrection, mutiny, usurpation of civil or military
government, conspiracy, riot, civil commotion and terrorist acts
confiscation, nationalization, mobilization, commandeering or requisition by or
under the order of any government or de jure or de facto authority or ruler or any
other act or failure to act of any local state or national government authority
strike, sabotage, lockout, embargo, import restriction, port congestion, lack of
usual means of public transportation and communication, industrial dispute,
shipwreck, shortage or restriction of power supply, epidemics, quarantine and
plague.
Strike, sabotage, lockout, lack of usual means of public transportation and
communication, industrial dispute and shipwreck shall be considered a force
Majeure only if Force
Majeure Claiming party does not have direct or indirect involvement. Shortage or
restriction of power supply shall be considered force Majeure only if such
situation is proved to be unusual.
earthquake, landslide, volcanic activity, fire, flood or inundation, tidal wave,
typhoon or cyclone, hurricane, storm, lightning, or other inclement weather
condition, nuclear and pressure waves or other natural or physical disaster
48.2 If either party is prevented, hindered or delayed from or in performing any of its
obligations under the Contract by an event of Force Majeure, then it shall notify the other
in writing of the occurrence of such event and the circumstances thereof within fifteen
(15) Days of the occurrence of such event.
49.0 WAR RISKS : Not Applicable.
50.0 CHANGE IN THE FACILITIES : Not Applicable.
51.0 EXTENSION OF TIME FOR COMPLETION
51.1 The Time(s) for Completion specified in the SCC shall be extended by such period as
shall be fair and reasonable in all the circumstances and as shall fairly reflect the delay or
impediment sustained by the Contractor. if the Contractor is delayed or impeded in the
performance of any of its obligations under the Contract by reason of any of the
following:
51.2 Any Change in the Facilities as provided in GCC Clause 50.0; or
51.3 Any occurrence of Force Majeure as provided in GCC Clause 48.0, unforeseen
conditions as provided in GCC Clause 46.0, or other occurrence of any of the matters
specified or referred to in GCC Sub-Clauses 43.2 or
any suspension order given by the Owner under GCC Clause 52.0 hereof or
reduction in the rate of progress pursuant to GCC Sub-Clause 52.2 or
any changes in laws and regulations as provided in GCC Clause 47.0 or
Page56
any default or breach of the Contract by the Owner, including failure to supply
the Owner issue items, or any activity, act or omission of any other contractors
employed by the Owner; or
any other matter specifically mentioned in the Contract
51.4 Except where otherwise provided in the Contract, the Contractor shall submit to the
Owner’s Representative a notice of a claim for an extension of the Time for Completion,
together with particulars of the event or circumstance justifying such extension as soon
as reasonably practicable after the commencement of such event or circumstance. As
soon as reasonably practicable after receipt of such notice and supporting particulars of
the claim, the Owner and the Contractor shall agree upon the period of such extension. In
the event that the Contractor does not accept the Owner’s estimate of a fair and
reasonable time extension, the Contractor shall be entitled to refer the matter to
Adjudicator, pursuant to GCC Sub-Clause 6.1.
51.5 The Contractor shall at all times use its reasonable efforts to minimize any delay in the
performance of its obligations under the Contract.
52.0 SUSPENSION
52.1 The Owner may request the Owner’s Representative, by notice to the Contractor, to
order the Contractor to suspend performance of any or all of its obligations under the
Contract. Such notice shall specify the obligation of which performance is to be
suspended, the effective date of the suspension and the reasons thereof. The Contractor
shall thereupon suspend performance of such obligation (except those obligations
necessary for the care or preservation of the Facilities) until ordered in writing to resume
such performance by the Owner’s representative.
53.0 TERMINATION
53.1 Termination for Owner’s Convenience
53.1.1 The Owner may at any time terminate the Contract for any reason by giving the
Contractor a notice of termination that refers to this GCC Sub-Clause 53.1.
53.1.2 Upon receipt of the notice of termination under GCC Sub-Clause 53.1.1, the Contractor
shall either immediately or upon the date specified in the notice of termination cease all
further work, except for such work as the Owner may specify in the notice of termination
for the sole purpose of protecting that part of the Facilities already executed, or any work
required to leave the Site in a clean and safe condition
terminate all subcontracts, except those to be assigned to the Owner pursuant to GCC
Sub-Clause 53.1.2 below
remove all Construction Equipment from the Site, repatriate the Contractor’s and its
Subcontractors’ personnel from the Site, remove from the Site any wreckage, rubbish
and debris of any kind, and leave the whole of the Site in a clean and safe condition
53.2 Termination for Contractor’s Default
53.2.1 The Owner, without prejudice to any other rights or remedies it may possess, may
terminate the Contract forthwith in the following circumstances by giving a notice of
termination and its reasons there for to the Contractor.
if the Contractor becomes bankrupt or insolvent, has a receiving order issued against it,
compounds with its creditors, or, if the Contractor is a corporation, a resolution is passed
or order is made for its winding up (other than a voluntary liquidation for the purposes of
amalgamation or reconstruction), a receiver is appointed over any part of its undertaking
or assets, or if the Contractor takes or suffers any other analogous action in consequence
of debt
Page57
if the Contractor assigns or transfers the Contract or any right or interest therein in
violation of the provision of GCC Clause 54.0.
if the Contractor, in the judgment of the Owner has engaged in corrupt or fraudulent
practices in competing for or in executing the Contract.
If delay in executing the Contract results in reaching cap of liquidated damages due
under the terms of the Contract.
If breaches the Contract and or its clauses / conditions.
If abandons the Contract
53.4 If the Contractor
has abandoned or repudiated the Contract
has without valid reason failed to commence work on the Facilities promptly or has
suspended (other than pursuant to GCC Sub-Clause 52.2 the progress of Contract
performance for more than thirty(30) Days after receiving a written instruction from the
Owner to proceed
persistently fails to execute the Contract in accordance with the Contract or persistently
neglects to carry out its obligations under the Contract without just cause
refuses or is unable to provide sufficient materials, services or labour to execute and
complete the Facilities in the manner specified in the program furnished under GCC Sub-
Clause 18.2 at rates of progress that give reasonable assurance to the Owner that the
Contractor can not attain Completion of the Facilities by the Time for Completion,
then the Owner may, without prejudice to any other rights it may possess under the
Contract, give a notice to the Contractor stating the nature of the default and requiring
the Contractor to remedy the same. If the Contractor fails to remedy or to take steps to
remedy the same within fifteen (15) Days of its receipt of such notice, then the Owner
may terminate the Contract forthwith by giving a notice of termination to the Contractor
that refers to this GCC Sub-Clause 53.2.
Upon receipt of the notice of termination under GCC Sub-Clauses 53.2, the Contractor
shall, either immediately or upon such date as is specified in the notice of termination,
cease all further work, except for such work as the Owner may specify in the notice of
termination for the sole purpose of protecting that part of the Facilities already executed,
or any work required to leave the Site in a clean and safe condition
terminate all subcontracts, except those to be assigned to the Owner pursuant to
paragraph 53.2 below
deliver to the Owner the parts of the Facilities executed by the Contractor up to the date
of termination
to the extent legally possible, assign to the Owner all right, title and benefit of the
Contractor to the Facilities and to the Plant and Equipment as of the date of termination,
and, as may be required by the Owner, in any subcontracts concluded between the
Contractor and its Subcontractors
deliver to the Owner all drawings, specifications and other documents prepared by the
Contractor or its Subcontractors as of the date of termination in connection with the
Facilities.
54.0 ASSIGNMENT
54.1 Neither the Owner nor the Contractor shall, without the express prior written consent of
the other party (which consent shall not be unreasonably withheld), assign to any third
party the Contract or any part thereof, or any right, benefit, obligation or interest therein
or there under, except that the Contractor shall be entitled to assign either absolutely or
by way of charge any monies due and payable to it or that may become due and payable
to it under the Contract.
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SECTION IV
SPECIAL CONDITIONS OF CONTRACT (SCC)
Page59
1.0 DEFINITIONS
(GCC Clause 1.0)
In addition to meaning ascribed to certain capitalized terms in Section III “GCC”,
following initial capitalized terms shall have the meaning as ascribed to such term
hereunder. In case any term defined hereunder is also defined in Section III “GCC”, the
meaning ascribed to such term hereunder shall prevail:
Bid Documents: shall mean documents issued to the bidder pursuant to IFB which shall inter-
alia cover (i) volume I commercial specifications including IFB, ITB, GCC and SCC
including all attachments; (ii) Volume I B Schedule of rates, (iii) volume II A and II B
technical specifications.
Completion: shall mean the Service/Facilities awarded under the Contract have been completed
operationally and structurally and put in a tight and clean condition, and that all work in
respect of Pre-commissioning of the Facilities or such specific part thereof has been
completed as per Technical Specifications.
Effective Date: shall mean the date on which Contractor’s obligations will commence and that
will be earlier date of (i) Fax of Intent; (ii) Letter of Intent; or (iii) Letter of award
Owner: shall mean ASSAM GAS COMPANY LTD, [ also known as AGCL] having its
registered office at P.O. Duliajan, Dist : Dibrugarh, Assam—786 602, INDIA and shall
include its successors and assigns.
Owner’s Representative : shall mean the Head of Services Department, AGCL or any other
official, assigned by him for the work.
2.0 INTERPRETATIONS
(GCC Clause 3.0)
Where any portion of the GCC is repugnant to or at variance with any provisions of the
SCC then, unless a different intention appears, the provisions of the SCC shall be
deemed to govern the provisions of the GCC and SCC provisions shall prevail to the
extent of such repugnancy, or variations exist. Notwithstanding the sub-division of the
Contract Documents into separate sections and volumes every part of each shall be
deemed to be supplementary to and complementary of every other part and shall be read
with and into the Contract so far as it may be practicable to do so. The terms include and
including shall be deemed to be followed by the words ‘without limitation’ whether or
not so followed.
3.0 ARBITRATION
(GCC Sub- Clause 6.2.3)
Arbitration proceedings shall be conducted in accordance with Rules of Indian
Arbitration and Conciliation Act, 1996. The arbitral panel shall consist of three
arbitrators appointed in accordance with the said rules and the award shall be binding on
both parties. The proceedings and award shall be in English language. The award will be
a reasoned award. The venue of this Arbitration shall be Dibrugarh, Assam, India.
4.0 SCOPE OF FACILITIES
(GCC Sub-Clause 7.1)
The successful bidder is required to complete the work on turnkey basis, which will inter
alia include the residual engineering, procurement, storage, preservation, fabrication,
erection, testing and handing over of facilities. The scope is defined in detail in technical
part of the bid documents. It may, however, be noted that anything not defined as scope
but may be inferred to be part of scope shall be part of bidder’s scope unless specifically
excluded.
5.0 TIME FOR COMPLETION
(Definition of “Time for Completion” in GCC and GCC Sub-Clause 8.1)
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The completion period for complete scope of work shall be 30 ( Thirty) days from the
date of fax of intent. Completion period is inclusive of 15 days mobilization period.
Construction Schedule is attached in bid document. Contractors will have to complete
the activities at site strictly as per Construction Schedule.
.
6.0 CONTRACTOR’S OBLIGATIONS
(GCC Clause 9.0)
Power and Water Connection (GCC Sub-Clause 9.5)
The Owner will not provide any power and water connection and The Contractor shall
obtain necessary power and water connection from relevant authority and will pay its
uses charges.
Land (GCC Sub-Clause 9.6)
Contractor’s responsibility shall be limited to 9.6 .
7.0 OWNER’S OBLIGATIONS
(GCC Sub-Clause 10.1)
In partial modifications of GCC Sub-Clause 10.1, the Contractor will be required to
check the accuracy of information/data furnished by the Owner. Any deficiency or
inaccuracy in such information/data shall be Contractor’s responsibility and Owner will
not own any responsibility in this regard, whatsoever. Any bearing of GCC Sub-Clause
10.1 on any subsequent Clause which entitles Contractor to claim any compensation
and/or extension and/or any other benefit shall stand modified to the extent that no such
claim and/ or extension and/or any other benefit by the Contractor shall be applicable/
entertained by the Owner.
8.0 CONTRACT PRICE
(GCC Sub-Clause 11.2)
The Contract Price will be firm for total scope of work, through out the execution of
Contract except for (i) Statutory variations defined under SCC Clause 16.0; and/or (ii)
variations defined in SCC Clause 18.0. The Contract Price shall be inclusive of all taxes
as applicable would be indicated separately including (i) works contract tax (ii) sales tax;
(iii) excise duty; (iv) VAT, if any; (v) Octroi, if any; .
Contractor to make note that no concessional sales tax forms i.e. Form C for
concession in sales tax shall be issued by Owner.
9.0 TERMS AND MODE OF PAYMENT
(GCC Sub-Clause 12.1)
The terms and mode of payment shall be as per Annexure – 2 to SCC hereto.
10.0 COMPENSATION FOR IDLE TIME
No Idle time claim shall be entertained under any circumstances.
11.0 SECURITIES
(GCC Clause 13.0)
Since the scope of work include only inspection (visual and NDT) and submission of
report thereof, no Security Deposit will be retained against this work and full
payment will be made after statutory deduction on successful completion of the
work.
.
12.0 WORK PROGRAM
(GCC Sub-Clauses 18.2.1)
The work program pursuant to GCC Sub-Clause 18.2.1, shall be prepared and
administered by the Contractor ensuring Time or Completion as stipulated in SCC
Clause 5.0. Such work program will be subject to the approval of the Owner’s
Representative. In the work program, the Contractor will indicate the detailed schedule
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of requirement Owner supplied items commensurate with such work program.
Contractor shall furnish daily report to Owner’s Representative on deployment of
manpower and equipment along with progress of work achieved on previous Day in the
proforma to be prescribed by the Owner’s Representative.
13.0 COMPLETION OF THE FACILITIES
(GCC Clause 33)
Owner will take over the Service/Facilities only on its Completion, no part facility will
be taken over by the Owner.
14.0 HEALTH, SAFETY AND ENVIRONMENT (HSE)
The Contractor will strictly adhere to HSE requirements as per Technical Specifications.
15.0 COMMISSIONING AND OPERATIONAL ACCEPTANCE
(GCC Sub-Clauses 34 & 38)
Not Applicable.
16.0 PRICE REDUCTION SCHEDULE (PRS)
(GCC Clause 36.0)
In case contractor fails to complete the work/ services within stipulated period then
unless such failure is due to force majeure as defined in Bid document, there will be
reduction in contract price @ 0.5% for each week of delay or part thereof subject to
maximum of 5% of contract price.
Owner may without prejudice to any methods of recovery, deduct the amount of such
PRS from any money due or which may at any time become due to contractor from its
obligations or liabilities under the contract or by recovery against the performance bank
guarantee. Both Owner and contractor agree that the above percentage of price reduction
are genuine pre-estimates of the loss/ damage which Owner would have suffered on
account of delay/ breach on the part of contractor and the said amount will be payable on
demand without there being any proof of the actual loss/ damage caused by such delay/
breach. Owner decision in the matter of applicability of price reduction shall be final and
binding
17.0 CHANGE IN LAW
(GCC Sub-Clause 47.1)
Except statutory variations in indirect taxes and duties rates, no other variation resulting
due to change in law will be applicable. However, any upward variation in indirect taxes
& duties shall be payable to the extent of maximum 2% of the initial agreed contract
price and shall be certified by an independent chartered accountant. No variation shall be
allowed on account of any taxes and duties applicable outside India. Any downward
variation in indirect taxes & duties shall be passed on to the Owner at actual.
As regards statutory variations in taxes and duties, the effect shall be applicable on
components and amounts detailed in bid, submitted by the Contractor at bidding stage.
Any increase in taxes and duties applicable till actual completion or scheduled
completion, whichever is earlier (original approved completion schedule shall be the
basis for schedule completion of any activity. Any change in original schedule during
execution of the contract for any reason except for the reasons attributable to the Owner
alone shall not result in change in implication of statutory variations) . However, any
decrease resulting due to statutory variations shall be applicable up to actual completion.
The effect of statutory variations will be considered at the time of settlement of final bill
of the Contractor.
18.0 CHANGE IN THE FACILITIES
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(GCC -Clause 50.0)
Without prejudice to the provisions of Change in Law defined in SCC Clause 16.0, the
Contract price shall not be subject to any adjustment except for the variations defined
hereunder,
19.0 REJECTION
Any part of the Service/Facility, which during the process of inspection by Owner/
Owner’s representative at any stage, is found to be not in conformity with the
requirements/specifications shall be liable for immediate rejection. Contractor shall be
responsible and liable for immediate replacement of such part of the Facility at no extra
cost or impact on the delivery schedule to OWNER.
20.0 COMPLIANCE WITH LAWS
The Contractor shall abide by all prevailing Laws of India including but not limited to
the following:
Contract Labour (Regulation & Abolition) Act.
Payment of Wages Act.
Minimum Wages Act.
Owner’s Liability Act
Factory Act
Apprentices Act.
Workman’s Compensation Act.
Industrial Dispute Act
Environment Protection Act
Any other Statute, Act, Law as may be applicable
21.0 PRECEDENCE OF DOCUMENTS
Any conflict in the provisions of various documents under the Contract shall be settled in
the sequence, the documents are listed below:
Contract
Notification of Award
Technical Specifications
Any conflict between the provisions of General Technical Specifications and Particular
Technical specifications , the provisions of Particular Technical Specifications will
prevail.
Commercial Specifications
22.0 PROVIDENT FUND
The Contractor shall strictly comply with the provisions of Employees Provident Fund
Act and register themselves with Regional Provident Fund Commission (RPFC) before
commencing the work. The Contractor shall deposit employees and Owners
contributions to the RPFC every month. The Contractor shall furnish along with each
running bill, the challan / receipt for payment made to the RPFC for the preceding
months. In case the RPFC’s challan/receipt, as above, is not furnished, Owner shall
deduct 20% (Twenty percent) of the payable amount from Contractor’s running bill and
retain the same as a deposit. Such retained amount shall be refunded to Contractor on
production of RPFC Challan/receipt for the period covered by the related running bill.
23.0 WORKS CONTRACT
The entire work covered under this contract shall be treated as “Works Contract”.
24.0 CONSTRUCTION RIGHT OF USE AND PERMITS
The Owner shall provide legal rights to adequate land to the Contractor free of cost for
the construction of the facility. The Contractor at his own cost and initiative shall obtain
all other permissions, permits, clearances and licenses necessary for the execution of the
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work from all relevant authorities. Insofar as any such permission, permit or license
required for the execution of the work by the Contractor, the same can only be granted at
the request or recommendation of the Owner, the Owner shall at the request of the
Contractor, take all reasonable steps to assist the Contractor to obtain or procure the
same. The Contractor shall not, however, be entitled to any additional compensation over
and above the price accepted in the Price Schedule for any hardship or increased cost
caused by any idleness, suspension or disruption of work or any other account
whatsoever as a result of the inability of the Contractor to obtain the permission(s),
permit(s), license(s) aforesaid to match with the progress of the work nor shall the same
constitute a ground for extension of time or delay.
25.0 FREE ISSUE MATERIAL
(GCC Sub-Clause 21.2.)
Owner will not supply any free issue items for this work. All items required for
completion of work will be procured & supplied by contractor.
26.0 CONTRACTOR’S ADDITIONAL DEFAULTS
(GCC Sub-Clause 53.2.1)
If PRS, due to delay in achieving the monthly target becomes applicable for two
consecutive month in a way that Contractor fails to achieve respective monthly target in
each of two months; or A major mile stone agreed in the Contract is not achieved; and
Owner’s Representative, at its sole discretion, opines that delay occurred by the
Contractor can not be recovered.
27.0 QUALITY ASSURANCE/QUALITY CONTROL
The Contractor shall prepare a detailed quality assurance plan for the execution of
Contract for various facilities, which will be mutually discussed and agreed to. The
Contractor shall establish document and maintain an effective quality assurance system
outlined in recognized codes. Quality Assurance System plans/procedures of the
Contractor shall be furnished in the form of a QA manual. This document should cover
detail of the personnel responsible for the Quality Assurance, plans or procedures to be
followed for quality control in respect of completion of work. The quality assurance
system should indicate organizational approach for quality control and quality assurance
of the construction activities, at all stages at relevant places.
The Owner, while agreeing to a quality assurance plan shall mark the stages where they
would like to witness the tests; review any or all stages of work at shop/site as deemed
necessary for quality assurance.
28.0 LIEN
Contractor shall ensure that the Facility covered under the Contract shall be free from
any claims of title/liens from any third party. In the event of such claims by any party,
Contractor shall at his own cost defend, indemnify and hold harmless Owner or its
authorized representative from such disputes of title/liens, costs, consequences etc.
29.0 ROYALITY
Contractor’s quoted rate should include the royalty on different applicable items as per
the prevailing Government rates. In case, owner is able to obtain the exemption of
Royalty from the State Government, the contractor shall pass on the same to owner for
all the items involving Royalty. Any increase in prevailing rate of Royalty shall be borne
by the Contractor at no extra cost to the Owner.
30.0 SITE FACILITIES FOR WORKMEN
Following facilities are to be ensured at all work places where workmen are
deployed/engaged by the Contractor at a particular site.
• Arrangement of first aid
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• Arrangement for clean drinking water
• Toilets
31.0 GOVERNING LAW
Laws of India will govern the Contract and Dibrugarh courts in the State of Assam, will
have jurisdiction on all matters related to Contract.
GENERAL WORK DESCRIPTION
1.0 GENERAL
1.1 Special Condition of Contract shall be read in Conjunction with the General Conditions
of Contract, specification of work, Drawing and any other documents forming part of
this contract wherever the context so requires. Clauses of SCC supersedes the clauses of
GCC
1.2 Notwithstanding the sub-division of the documents into these separate sections and
volumes every part of each shall be deemed to be supplementary to and complementary
of every other part and shall be read with and into the contract so far as it may be
practicable to do so.
1.3 Where any portion of the General Condition of Contract is repugnant, to or at
variance with any provisions of the Special Conditions of Contract, unless a
different intention appears, the provisions of the Special Conditions of Contract
shall be deemed to over-ride the provisions of the General Condition of Contract
and shall to the extent of such repugnancy, or variations, prevail. 1.4 The materials, design, service and workmanship shall satisfy the relevant INDIAN
STANDARDS, the TECHNICAL SPECIFICATIONS contained herein and CODES
referred to. Where the technical specification stipulate requirements in addition to those
contained in the standard codes and specifications, these additional requirements shall
also be satisfied.
1.5 Wherever it is mentioned in the specifications that the CONTRACTOR shall perform
certain work/service or provide certain facilities, it is understood that the
CONTRACTOR shall do so at his cost and the VALUE OF CONTRACT shall be
deemed to have included cost of such performance and provisions, so mentioned.
1.6 It will be Contractor’s responsibility to bring to the notice of Engineer-in-charge any
irreconcilable conflict in the contract documents before starting the work(s) or making
the supply with reference to which the conflict exists.
1.7 In the absence of any specifications covering any material, design of work(s) the same
shall be performed/ supplied/ executed in accordance with Standard Engineering Practice
as per the instructions/ directions of the Engineer-In-Charge, which will be binding on
the Contractor.
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Section-V
Schedule of Rates
Page66
SOR FOR THE WORK VIDE FOR NIT No. MWP/CIVIL/984/24 Dated 04/10/2016
(Rates may be quoted legibly both in words and figures)
Sl. No. DESCRIPTION OF WORK UNIT QUTY. RATE (Rs) AMOUNT (Rs)
1 Complete visual inspection of rectangular external flange type
overhead PS water tank staging of capacity 175.00 KL at a
height of 12.00m at Assam Gsa Co. Ltd. Duliajan.
No. 01
2 Inspection by NDT method of the staging for the required
portion.
LS 01
3 Submission of detail report regarding service stability/
recommendation for replacement/ change of location for the
system.
No 01
TOTAL Rs._________________________
Total (in words)____________________________________________________________________________________________
DATE: ________________________
SIGNATURE OF BIDDER
SEAL:
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VOLUME – II OF II
TECHNICAL VOLUME
FOR NIT No. MWP/CIVIL/984/24 Dated 04/10/2016
INSPECTION (VISUAL AND NDT) OF 01NO. MS STRUCTURE (STAGING)
AND BASE OF EXTERNAL FLANGE TYPE RECTANGULAR
OVERHEAD PS WATER TANK
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PERFORMANCE TECHNICAL SPECIFICATION (PTS)
1.0 Definitions and interpretation
1.1 PTS shall be read in conjunction with the General Conditions of Contract(GCC), Special
Conditions of Contract(SCC), General Technical Specifications(GTS) of work, drawings,
Schedule of Rates(SOR), Instruction to Bidders(ITB) and other documents forming part
of the tender wherever the context so requires.
1.2 Where any portion of the GTS is repugnant or in variation with any provisions of the
PTS, unless a different intention appears, the provision(s) of PTS shall be deemed to
govern the provision(s) of GTS of contract. If there is no variance or repugnance
between GTS and PTS, both clauses shall be applicable.
1.3 In case of conflict between the requirements of this specification and that of the referred
codes, standards and specifications, the requirements of this specification shall govern.
1.4 DEFINITIONS
The terms used between in the technical section must be understood as follows:
AGREEMENT Designate the agreement concluded between the OWNER
and the CONTRACTOR, under which the latter
undertakes to the former the GOODS and/or SERVICES
according to the stipulations which are agreed and
specified in the form of an order.
OWNER Designate the purchaser of the GOODS and/or
SERVICES which are the subject of the agreement.
CODE Designate a set of systems and Indian rules or
international standardization documents for design,
materials, tests etc.
CONTRACTOR Designate the individual or legal entity with whom the
order has been concluded by the OWNER. The term
“CONTRACTOR” may be used indifferently for a
supplier, a manufacturer, an erection contractor etc.
APPROVAL Designate a written approval
CONSTRUCTION SITE Designate the area where the works are to be undertaken
by the contractor in accordance with the Agreement.
DAYS-WEEKS-MONTHS Specify the number of calendar days, weeks or months
and not of working days, weeks or months.
OWNER’S
REPRESENTATIVE
Designate the individual or legal entity to which the
OWNER has entrusted various tasks in relation with the
carrying out of his works/projects.
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EQUIPMENT Designate all apparatus, tools and machines of any kind
whatsoever that are necessary for the construction,
execution and maintenance of the Works specified in the
Agreement.
MATERIAL Designate the materials or any other supplies that are
intended to be a part of or integral to the Works.
GOODS and/or
SERVICES
Designate, depending on the case, all or part of the
drawings or documents, substances, materials, equipment,
structures, plants, tools, machinery etc. to be studied,
designed, manufactured, supplied, erected, built,
assembled, adapted, arranged or put into service by the
CONTRACTOR under the AGREEMENT, including all
the studies, tasks, works and services specified by the
order. The terms GOODS or SERVICES may be
indifferently used one for the other as required by the
context.
STANDARD Designates a set of models or references, corresponding
to common practice and generally used by the OWNER’S
REPRESENTATIVE. This can be typical standard
drawings or documents.
SPECIFICATION Designates a document describing in some details general
or particular requirements for specific type of works.
2.0 LAWS-CODES-RULES & STANDARDS
2.1 GENERAL
Basically the following are applicable :
Basic Laws-Codes-Rules & Standards, mandatory by law in Assam and India
The complete set of which are part of the present technical volume.
Particular Codes & Standards as per Section 2.2
The :Rules of Art” and “Sound Practices” of the engineering.
In case of condition, the above shall prevail in descending order of preference.
2.2 PARTICULAR CODES & STANDARDS (Latest editions)
1 IS:804-1967( Reaffirmed
1995, 1998)
: Code of Practice for Rectangular Press Steel Tank.
2.
IS: 226-1962, fifth
Revision 1975.
: Specification for structural steel
3 IS:158-1950, second
revision1968
: Ready mixed paint, brushing, bituminous, black , lead
free, acid, alkali, water and heat resistance for general
purpose.
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4. IS:1079-1963, third
revision 1973
: Specification for hot rolled carbon steel sheet and strip
5. IS:1363-1960 : Specification for black hexagonal bolts( 6 to 39 mm) with
nuts block hexagonal screws( 6 to 24 mm)
5 IS:814-1975 : Specification for covered electrode for metal arc welding
of mild steel.
6 IS:227-1962, ( Third
revision 1977)
: Specification for galvanized steel sheet.
3.0 SCOPE OF WORK
3.1 General
It broadly describes the scope of work to be executed by the contractor pertaining to the
company’s Industrial area, Duliajan. All works described hereunder shall be performed
in accordance with PTS, specifications, and other requirements of Tender and shall be
subject to review by the Owner/Owner’s representative and their approval.
The brief scope of work includes in general to complete Inspection (Visual and NDT) of
175.00 KL overhead P.S water tank in AGCL, Duliajan Industrial area. All the
instruments and workmanship as per the IS code mentioned in the tender paper. Detailed
scope of work is defined in technical volume II of II of bid document. It must be clearly
understood that each and every activity of works should be completed by the contractor
in all respects, including supply of tools, plants, equipments and necessary manpower
and their accommodation etc. thereof.
3.2 PROJECT PLANNING, CONTROL AND REPORTING
The scope of work of the Contractor includes but not limited to planning, scheduling, monitoring & interfacing of all activities for the entire work. The Contractor shall co-ordinate all activities with his own sub-contractors, site workers, suppliers, Owner/Owner’s Representative, Owner and Government agencies for specific clearances. It is also the responsibility of the contractor to prepare & perform the Quality Control of all the activities and expediting plan for all procured items. The Contractor shall expedite suppliers for timely deliveries and transportation.
The Contractor shall submit progress reports as Daily Progress Report and Weekly Progress Report respectively as per Tender Requirement.
It is Contractor’s responsibility to carry out proper documentation of inspection and quality assurance programs for all equipment, items and materials, duly approved/reviewed by Owner/Owner’s Representative. The Contractor shall maintain an accurate and traceable records for the location, quality and character of all permanent materials in the Project.
The Contractor shall report to Owner/Owner’s Representative of all changes which will affect material quality, recommended and take necessary corrective actions, after obtaining Owner/Owner’s Representative approval.
3.3 DATA INFORMATION
The scope of work of the Contractor includes but not limited to following:
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Compile all the data and information furnished in the tender & any additional relevant data and information collected /generated by the Bidder.
• The Bidder/Contractor shall remain responsible for the adequacy and accuracy of the data supplied in the Tender and for collection of any additional data required for preparation of complete offer.
• Owner/Owner’s Representative will not be responsible for any inaccuracy or short coming in the data provided in the Tender Documents.
Contractor shall not be entitled for any compensation in time or cost in case of any variation in actual site conditions from the data furnished in the Tender.
3.4 MOBILISATION OF EQUIPMENT /PERSONNEL
In order to adhere to complete the schedule of work in time, the contractor must mobilize the machinery /equipment given below:
* All materials, equipment, tools and tackles, safety items etc..
3.5 Main Activities
The main activities include
Complete visual inspection of staging of rectangular external flange type
overhead PS water tank staging of capacity 175.00 KL at a height of 12.00m at
Assam Gas Co. Ltd. Duliajan.
Inspection by NDT method of the staging for the required portion.
Submission of a detailed report with recommendation for renovation / replacement etc.for the same
3.6 General activities
Contractor’s scope of work defined in this heading shall be and consist but not limited to
following:
To comply with the entire requirements as per relevant IS code.
To provide, operate and maintain all temporary facilities required for the related works and remove after completion of work.
All expenses and cost for attending Tests/Inspections etc. at laboratory or at vendors’ place for Owner/Owner’s Representative shall be borne by the Contractor.
To prepare and establish safety procedures for works and personnel associated with the project.
To co-ordinate and supervise the work of all sub-contractor(s), if any.
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To mobilize and provide all equipment, manpower (skilled and unskilled), tools and tackles, consumables and other resources etc. as required for the execution of the complete job defined and discussed herein and thereafter demobilizing the same upon completion of work.
To provide all safety tools/tackles/devices/apparatus/ equipment, etc. including
ladders and scaffolding as required.
To provide camp facilities for personnel at own cost.
To transport the materials/equipments to work site, intermediate storage points
etc. To Prepare and execute adequate Material Control Procedure at Work Site.
To provide, operate and maintain all temporary facilities required for the construction related works and remove after completion of work.
4.0 STATUTORY PERMISSIONS
GUIDELINES:
Owner Will provide general permission from the authorities for execution of the work, Contractor shall obtain necessary permits for all works from the authorities
having jurisdiction before the actual execution of the works and all stipulations/
conditions /recommendations of the said authorities shall be strictly complied
with at no extra cost to Owner.
To obtain all permissions including statutory work permits etc. from village, circle, district, State Govt., road department, river authorities, irrigation and PWD
authorities, Semi-Govt., PSU, private and any other concerned authorities and
person(s) having jurisdiction, as applicable for performing the work.
5.0 PRIORITIES
Owner may, at its sole option, assign priority of construction to any part of the work on
the requirement basis. Contractor shall comply with such priority of execution without
any time and cost implication to the owner.
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