Professional Documents
Culture Documents
( )
(A Mini Ratna and Schedule A Company)
(6X250MW )
, , , # -. 172201
. 01782-275236,275459,275106, + 01782-234049, 275106,
http://www.sjvn.nic.in
(TIN No.) 02011000291
(CIN No.) L40101HP1988GOI008409
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,
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For wider publicity and awareness among the bidders, it is intimated that all open tenders having
estimated cost more than 20.0 lacs only are published in the print media. For regular updates on all
other open tenders having estimated cost below 20.0 lacs, please visit websites www.sjvn.nic.in or
www.tenders.gov.in www.eprocure.gov.in.
Registered & SJVN Corporate Office Complex, Shanan, Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate Shimla-171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
Qualifying requirement for Design, Engineering, Supply,
Erection, Testing & Commissioning of Pre-Engineered Building
(PEB) of Central O&M Workshop at NJHPS, SJVN Ltd. Jhakri:
A. Qualifying Requirements
1.0 Proven Experience: The bidder should have successfully completed similar
jobs (Design, Supply, Erection, Testing &Commissioning of Pre-
Engineered Building) during last seven years ending last day of month
previous to one in which tenders are uploaded on website by SJVN.
2.0 The bidder should have supplied /manufactured PEB Structure having provision
for EOT Crane of 30 Tonnes capacity or above in past ending last day of month
previous to one in which tenders are uploaded on website by SJVN.
4.0 Financial Requirement: The Bidder must have an average annual financial
turnover of 1,44,00,000/-(Rupees One Crore Forty Four Lacs Only) during
last three years ending 31st March of previous financial year.
(a) The Bidder should have completed 3 similar works valuing not less than
1,92,00,000/- (Rupees One Crore Ninety Two Lacs Fifty Only) each.
Or
(b) 2 similar completed works, valuing not less than 2,40,00,000/-(Rupees
Two Crores Forty Lacs only) each.
Or
(c) 1 similar completed work, valuing not less than 3,84,00,000/-(Rupees
Three Crore Eighty Four Lacs Only).
Registered & SJVN Corporate Office Complex, Shanan, Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate Shimla-171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
PQR-(Package (W)-NJHPS-174(O&M)/2017),
Page 1of 3
A. General Conditions of qualifications:
5. The above stated requirements are minimum and the owner reserves
the right to request for any additional information and also reserves the
right to reject the proposal of any bidder, if in the opinion of the owner,
the qualification data is incomplete or the bidder if found not qualified to
satisfactorily perform the works.
6. Price bid of only those bidders shall be opened who qualify based on the
specified qualifying requirements after Scrutiny of details / documents
furnished by them and found to be techno- commercial responsive.
Registered & SJVN Corporate Office Complex, Shanan, Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate Shimla-171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
PQR-(Package (W)-NJHPS-174(O&M)/2017),
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Page 1 of 19
1.1 The SJVN Limited, hereinafter called "SJVN" / "Owner" is a Joint Venture of Govt.
of India and Govt. of Himachal Pradesh having its registered office at SJVN
Corporate Office Complex, Shanan, Shimla-171006 (H.P.), have their Nathpa
Jhakri Hydroelectric Power Plant with a capacity of 6x250 MW at Nathpa (Distt.
Kinnaur) and Jhakri (Distt. Shimla) in the State of Himachal Pradesh, India.
1.2 SJVN has issued an invitation to bid as enclosed and will receive bids as set forth
in the accompanying Bid documents.
1.3 Bids cannot be uploaded after the time & date fixed for receipt of bids as set out in
the Invitation of Bid.
1.4 SJVN reserves the right to accept or reject any or all Bids without assigning any
reason for such a decision.
1.5 All the cost and expenses incidental to preparation of the proposals, discussions
and conferences, if any, including pre-award discussions with the Bidder, technical
and other presentation including any demonstrations etc. shall be to the account
of the Bidder and Owner shall bear no liability whatsoever on such costs and
expenses.
1.6 The complete filled in bids and necessary scanned documents shall be uploaded
at the mentioned address up to 29.03.2017 at 13:00 hrs. The last date of
availability /downloading of the bid document are on 28.03.2017 at 12:00 hrs. The
commercial bid shall be opened on 29.03.2017 at 14:00 hrs. The bids cannot be
uploaded / submitted later than 29.03.2017 at 13:00 hrs. However, Price bid part
of qualified & commercial responsive bidders shall be opened on subsequent
date, for which the qualified bidders shall be informed separately.
1.7 PRE BID MEETING: The pre bid meeting shall be held on 15/03/2017 at 11:00
HRS (IST). The interested bidders are requested to come prepare in the Pre Bid
meeting with all details regarding Design, Engineering, Supply, Erection, Testing
& Commissioning of Pre-Engineered Building (PEB) of Central O&M Workshop at
NJHPS,SJVN Ltd. Jhakri based on ground data in combination with, comments on
Technical Specification & other bid documents etc. Based on the inputs provided
by the Bidder during Pre Bid Meetings, necessary amendment in Technical
Specification or other Bid Documents, if required, shall be issued by SJVN. The
bidders are requested to send their queries 07 days in advance by e-mail/ fax etc.
The venue of the pre bid meeting shall be Conference Hall, New Office
Building, NJHPS, SJVN, Jhakri.
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
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1.8 Please note that bids in physical form shall not be entertained under any
circumstances and are only to be submitted through e-tendering at
https://sjvn.abcprocure.com.
1.9 DIGITAL SIGNATURES: The bidder should also have the Digital Signatures
(Class II or higher with signing & encryption) which are mandatory for security
purpose. The digital signatures can be obtained from any of the authorized
agencies in India as per IT Act.2000. Valid Digital Certificate must be installed in a
computer system from where you want to login on website. Perform the below
steps to confirm whether valid digital certificate is available on your computer
system or not.
Steps:
Open Internet Explorer.
Select Tools menu from menu bar. OR (Press Alt + T on your keyboard).
Click on Internet Options >>Content >>Certificate button.
The bidder should view your digital certificate under Personal heading
Requirement of Digital Signature Certificate
1. https://sjvn.abcprocure.com
&
2. https://www.tpsl-india.in
From below ActiveX controls and plug-ins ---- Select below 5 Items to be enabled
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
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Also, please check your system Date & Time it should be set as current date
& time.
In case of Digital Certificate based Login, user need to download & install
"Signer" file available under Download Section at https://sjvn.abcprocure.com.
Download & Install "Intermediary Certificate" available under Download Section
at https://sjvn.abcprocure.com.
Please disable or uninstall Third Party Toolbar / Add-ons from Browser.
1.10 The contract & procurement process through e-tendering/e-procurement system is
in process at NJHPS, SJVN Jhakri and hence this tender is to be processed
through e-tendering/e-procurement system. The bids are to be filled and submitted
online. To participate in e-tendering/e-procurement, it is requested to register with
our website https//:sjvn.abcprocure.com. The one year cost of registration on web
site is Rs 2990/- {Rs 2600/- plus service tax @ 15%( i.e. Service tax @ 14%
+Swachh Bharat Cess @ 0.5%+Krishi Kalyan Cess @ 0.5%)} is payable
directly to M/s e-Procurement Technologies Ltd. The bidder should also have the
Digital Signatures for security purpose. The detailed procedure for the registration
is as under:-
a. Go to the url: - https://sjvn.abcprocure.com In the home page click on
vender Registration.
b. Click on New Bidders Registration link available on home page.
c. You need to furnish individual details as well as of company details in
registration form.
d. After filling all mandatory fields, you need to click on submit button to
complete the registration process.
e. After submission of the form, the user id and password are generated in the
form of Acknowledgement.
f. The payment of annual registration fee amounting to Rs.2990/- is to be
made through DD.
g. The User ID will be activated after DD is received. Send the
Acknowledgement copy and uploaded document below mentioned e-Mail
ID.
1.12 Down loading Bid Documents: Bidder to access e-Tender portal of SJVN
(http://sjvn.abcprocure.com) to access NIT document, after completing
registration formality and successful login vendor need to process for Tender Fee /
Document Fee (if any) and after that bidder can download detailed tender
document.
Download Document link is available at the end of every tender notice along
with access to Corrigendum.
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
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For any other clarifications regarding the tender bidder may contact the
following persons/ representatives of M/s SJVN:-
(i) Sh. Ajay Kumar: Mobile No. 09418014928 (E-mail ID: aj.kumar@sjvn.nic.in)
The 1500 MW Nathpa Jhakri Hydroelectric Power Plant is located between Nathpa
(Distt. Kinnaur) and Jhakri (Distt. Shimla) in the State of Himachal Pradesh.
5.1 The bidder shall be required to offer their rates & prices for entire scope of
work.
5.2 The contractor may sublet /sub-contract in parts(s) (other than PEB
manufacturing) after the written approval from EIC (SJVN).
5.3 The contractor should have relevant class of certificate to carry out EI works
or the contractor may get EI works executed from any other contractor
having such relevant class of certificate for doing EI works. The approval for
the same in writing is to be taken from EIC before start of EI works.
5.4 Bids not covering the entire scope shall be treated as incomplete and hence
liable to be rejected.
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
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5.5 The bidders who want to participate in this tender are advised to visit the site to
make acquaintance with work before uploading/submitting their bid, as the
modification works have to be carried out at site. No excuse in this respect shall
be entertained later on. The cost of visiting the site shall be at bidders own
expenses. (Refer clause 20.0 of GCC). For coordination of site visit please
contact AGM (PH. Mech. Maintc.), NJHPS, SJVN Ltd, Jhakri, Distt Shimla (H.P.),
PIN- 172201. PH No. Phone No.01782-275237, Fax No. 01782-275834 (who shall
be the EIC of this package).
The Bidder shall bear all costs associated with the preparation and submission of
its bid, and the Owner will in no case be responsible or liable for these costs,
regardless of the conduct or outcome of the bidding process.
8.0 The Bidder is expected to examine all instruction, forms, terms, specifications, and
other information in the bidding documents. Failure to furnish all information
required by the bidding documents or submission of a bid not substantially
responsive to the bidding documents in every respect will be at the Bidder's risk
and may result in rejection of its bid.
9.1 At any time prior to the deadline for submission of bids, the Owner may, for any
reason, whether at its own initiative, or in response to a clarification requested by
a prospective Bidder, amend the bidding documents.
9.2 The amendment will be notified in writing or by cable or through website (on
www.sjvn.nic.in, www.tenders.gov.in, www.eprocure.gov.in, and
https://sjvn.abcprocure.com) to all prospective Bidders that have received the
bidding documents and will be binding on them. Bidders are required to
immediately acknowledge receipt of any such amendment, and it will be assumed
that the information contained therein has been taken into account by the Bidder in
its bid.
9.3 In order to afford prospective Bidders reasonable time in which to take the
amendment into account in preparing their bid, the Owner may, at its discretion,
extend the deadline for the submission of bids.
9.4 After publishing of NIT in Newspaper, any amendment/ corrigendum shall not be
published in any Newspaper. The amendment(s) of the NIT shall be put on our
web-sites directly. The bidders who have not informed us about the download
would be required to regularly visit our website for updating themselves about any
amendments which may arise from time to time. It will be assumed that all the
information contained/updated in the website has been taken into account by the
Bidder in its bid.
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
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The bid prepared by the Bidder and all correspondence and documents related to
the bid exchanged by the Bidder and the Owner shall be written in English
language. Any printed literature furnished by the bidder may also be written in
English language.
11.0 Cost of Bid Document and Earnest Money deposit (EMD / Bid
Security(ONLINE) / FDR /T DR:
11.1 The cost for purchase of bid document is 5,000/-(Rupees Five Thousand only).
11.2 The bidder shall furnish, a bid security/ earnest money as part of the bid
amounting to 9,60,000/- (Rupees Nine Lacs Sixty Thousand Only).
11.3 Micro or Small Entreprises (MSE)/NSIC registered firms are exempted from the
submission of the Tender Document Cost (if any) and EMD and must
enclose (Upload scanned copy of the MSE/ NSIC certificate). If the MSE/ NSIC
certificate does not contain the item(s)/work(s)/Services as listed in our
NIQ/NIT and no EMD is found submitted, then SJVN may ask the bidder to
submit the EMD and the same should reach within ten (10) days from the
date of SJVNs notification by E-mail/Fax Letter, otherwise the bid shall be
considered as non-responsive and price bid of such firms shall not be
opened.
11.4 The cost of Bid Document and Earnest Money (EMD) shall be submitted
using below mentioned facilities:-
a) Credit Card
b) Debit Card
c) Net Banking
d) NEFT/RTGS
Bidder needs to feed correct details while making the payment through online
payment gateway.
NEFT/RTGS:
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
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Page 8 of 19
be paid through the document fees and EMD, shall get appropriately deducted
from the available balance and payment shall be confirmed in real time.
This facility allows you to transfer lump sum amount to your Bidder ID account
number as mentioned above via RTGS / NEFT. Bidder would be able to use the
funds as and when require till the time balance is available in Bidder ID. Also,
Bidder can transfer more amount as and when he/she require. Kindly note that
the payment via RTGS / NEFT is required to be made one working day in
advance in order to make it available in your Bidder ID. Hence please ensure
that Bidder remit funds at least one day in advance before he/she would like to
make the document fees and EMD payment through RTGS / NEFT option on
payment gateway.
Caution: Please ensure that you need to mention the correct beneficiary
account number and IFSC code as mentioned above while making payment via
RTGS / NEFT. In the event of funds remitted to wrong beneficiary account
number, SJVN Limited or its Bank or its service provider would not responsible
for the same.
Remarks:- The EMD submitted in the form of BG, DDs, local Cheque/
outstations Cheque will not be considered
11.5 FDR/TDR: Please note that EMD (Earnest Money Deposit) / Bid Security in the
form of FDR/TDR {Pledged in favour of the NJHPS, SJVN Ltd. Jhakri} is also
acceptable and the same in physical form should reach preferably before the last
date and time of submission of bid at the following address:
Sr. Manager (SM),
Procurement and Contract Department,
NJHPS, SJVN LTD., Jhakri,
Distt. Shimla (H.P.)-172201.
If EMD in the form of FDR/TDR does not reach in physical form within seven (07)
days after the bid closing date, the bid(s) shall not be entertained and such bid(s)
shall be treated as late bid(s)/non-responsive bid(s).
11.6 The bid securities of unsuccessful bidders will be returned as promptly as
possible, but not later than twenty-eight (28) days after the expiration of the bid
validity period.
11.7 The bid security of the successful bidder will be returned when the bidder has
furnished the required performance security.
11.8 No interest shall be payable by the Owner on the above Bid security.
(c) if the Bidder does not withdraw any deviations listed in Deviation Schedule
at the cost of withdrawal indicated by him;
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
ITB- {Package(W)-NJHPS-174(O&M)/2017)
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(d) if the Bidder refuses to withdraw, without any cost to the Owner, any
deviation not listed in Deviation Schedule but found elsewhere in the bid; or
(e) in the case of a successful Bidder, if the Bidder fails within the specified
time limit;
12.0 Deviations
The pre-bid meeting is envisaged in this tender. All clarifications/quarries shall be
discussed in pre-bid meeting for consideration of any changes/amendments in
biding documents if possible. Hence deviations/ variations are to be considered
accordingly based on the outcome of pre-bid meeting.
However still there are Deviations, if any, from the terms and conditions of Bidding
Documents or Technical Specifications including drawings shall be listed only in
Deviation Schedule of the bid i.e.Schedule-2 Schedule of Deviations. The
Bidder shall also provide the additional price, if any, for withdrawal of the
deviations.
Bidder may further note that except for deviations listed in Deviation Schedule, the
bid shall be deemed to comply with all the requirement in the bidding documents
and the bidders shall be required to comply with all such requirements of bidding
documents and technical specifications and drawings without any extra cost to the
Owner irrespective of any mention to the contrary, anywhere else in the bid, failing
which the bid security of the Bidder may be forfeited.
The owner has complete right to evaluate the deviations without prejudice. After
evaluation, the deviations may or may not be agreed by the owner. The bidder
shall be intimated in writing accordingly.
13.1 However, Bidder can also offer a shorter completion period which will also be
acceptable to SJVN Ltd. Bidders have an option to plan the periods for various
activities at their own and shall fill up the period against each activity in the Work
completion schedule Techno-commercial Schedule-5. However, any bidder
offering work completion of more than 390Days will not be considered and his
bid will be rejected.
13.2 The bidder shall submit the activity wise schedule for drawings submission,
equipment manufacturing, supply and erection along with the bid.
Remarks:
The Prices quoted by the Bidder shall be FIRM during the performance of the
contract and not subject to variation on any account. A bid submitted with an
adjustable price quotation will be treated as non-responsive and rejected.
Bids shall remain valid for a period of 180 days after the closing date
prescribed by the Owner for the receipt of bids. A bid valid for a shorter
period shall be rejected by the Owner as being non-responsive.
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
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The Bidder shall fill and upload all the appropriate Schedules / data required as
per the bidding documents.
The Bid must contain the name, residence and place of business of the
person or persons making the Bid and must be digitally signed. The name of
all persons signing should also be mentioned at appropriate place.
Satisfactory evidence of authority of the person digitally signing on
behalf of the Bidder shall be furnished on non-judicial stamp paper of
an appropriate value in the form of a Power of Attorney/Affidavit of
proprietorship, duly notarized by a Notary Public, indicating that the
person(s) signing the bid have the authority to sign the bid and that the
bid is binding upon the Bidder during the full period of its validity..
Bid by Corporation / Company must be digitally signed with the legal name of
the Corporation / Company by the President, Managing Director, or by the
Secretary or other person or persons authorized to bid on behalf of such
Corporation / Company in the matter.
Bidder's name stated on the proposal shall be the exact legal name of the
firm.
If situation so warrants, SJVN Ltd/NJHPS may ask the bidders to produce
original documents which were submitted as scanned copies along with bid
for verification.
20.0 Sealing and Marking and Submission of Bids:
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
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(i) Name, Address & Contact Details (Tel. no. etc.) of the Service
Provider.
(ii) Service Tax Number of the Service Provider.
(iii) PAN of the Service Provider.
(iv) Service Tax Invoice Number.
(v) Gross amount of services.
(vi) Service Tax amount
Qualifying Requirements
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
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The Price Part will be opened electronically at same place only for those
bidders whose techno-commercial part is found to be techno-commercially
acceptable and only such bidders will be intimated subsequently either
telephonically or through Fax /E-mail about the time and date of price bid
opening.
The Owner further, reserves the right to reject any Bid which is not submitted
according to the instructions stipulated above.
No bid may be withdrawn in the interval between the bid submission deadline and
the expiration of the bid validity period specified in Bid documents. Withdrawal of
a bid during this interval may result in the Bidder's forfeiture of its bid security /
EMD.
The Owner will open all bids electronically in the presence of bidder's
representatives who choose to attend the opening at the time, on the date and
at the place specified in the NIT / NIQ. Bidder's representatives shall sign a
register as proof of their attendance. In the event of the specified date for the
opening of bids being declared a holiday for the Owner/there is any network
problem, the bids will be opened at the appointed time on the next working
day.
No Mobile Phone will be permitted inside the bid opening room. Therefore,
bidders should deposit Mobile Phones with Security guard at Reception.
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
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v. SJVN liability towards service tax, Swachh Bharat Cess, Krishi Kalyan
Cess shall also be considered during the bid evaluation as per
applicable rules.
Cost loading will be carried out for the deviations taken by the bidder to
determine the lowest evaluated Bid which will be considered for
acceptance.
The items for which bidder does not quote his price i.e. leaves the rate /
amount column blank or simply puts a (-) mark or (*) mark or indicates NIL /
NA or as applicable, no cost shall be considered for bid evaluation for these
items, and for the purpose of award the value of such item shall be deemed to
have been included in other quoted items. If the bidder does not agree to this
consideration, his bid will be rejected and the bid guarantee may be forfeited.
24.0 Clarification of Bids
During bid evaluation, the Owner may, at its discretion, ask the Bidder for a
clarification of its bid. The request for clarification and the response shall be in
writing, and no change in the price or substance of the bid shall be sought, offered
or permitted.
C. The bidder has to fill the applicable percentage (%) of the taxes & duties. The
amount for the taxes & duties shall be calculated automatically accordingly.
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
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D. The above entered UNIT RATES in the figures and calculated amount of taxes
& duties shall be multiplied with quantity to calculate the TOTAL AMOUNT in
figures & as well as in words automatically.
E. After computation of the amounts as above, the values as computed shall be
considered for evaluation as well as for award. If the bidder does not accept
the above consideration, his bid will be rejected and the Bid Security / EMD
may be forfeited.
Any effort by a Bidder to influence the Owner in the Owners bid evaluation,
bid comparison or contract award decisions may result in rejection of the
Bidders bid.
The Owner will award the contract to the successful Bidder whose bid has been
determined to be substantially responsive and to be the lowest evaluated bid,
further provided that the bidder is determined to be qualified to perform the
contract satisfactorily.
The owner may request the Bidder to withdraw any of the deviations listed in
Deviation Schedule of the winning bid, at the price shown for the deviation in
Deviation schedule. In case the Bidder does not withdraw the deviations proposed
by him, if any, at the cost of withdrawal stated in the bid, his bid will be rejected
and bid security forfeited.
Bidders would be required to comply with all other requirement of the Bidding
Documents except for those deviations in Deviation Schedule, which are accepted
by the Owner, failing which the bid security of the Bidder may be forfeited.
Award will be placed for Entire Scope of work on L1 basis for substantially
responsive bid on single responsibility basis.
28.0 Owner's Right to Accept Any Bid and to Reject Any Bids
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 contract, without thereby
incurring any liability to the affected Bidder or bidders or any obligation to inform
the affected Bidder or bidders of the grounds for the Owner's action.
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
ITB- {Package(W)-NJHPS-174(O&M)/2017)
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Prior to the expiration of the period of bid validity, the Owner will notify the
successful Bidder in writing by registered letter or by cable, to be confirmed in
writing by registered letter, that its bid has been accepted. The notification of award
will constitute the formation of the contract. Until a formal contract is signed, the
Notification of Award shall constitute a binding contract.
Upon the successful Bidder's furnishing of the performance security, the Owner will
promptly notify each unsuccessful Bidder and will discharge its bid security.
The Contract Agreement (s) will be signed in three (3) originals on non judicial
Stamp Paper (03Nos) of 100/- each along with Six (06Nos) copies of judicial
paper of 1/-each within 30(thirty) days of issue of Notification of awards/letter of
Awards and the contractor shall be provided with one signed copy of Original
Agreement and other will be retained by the owner. The non-judicial stamp papers
& judicial papers are to be purchased from Himachal Pradesh only.
A. The Owner requires that Bidders to observe the highest standard of ethics during
the procurement and execution of the Contract. For the purpose, the applicant shall
sign the Integrity Pact as per clause 31.0 of ITB. In pursuance of this policy, the
Owner:
(a) defines, for the purposes of this provision, the terms set forth below as
follows:
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
ITB- {Package(W)-NJHPS-174(O&M)/2017)
Page 18 of 19
(b) will reject a proposal for award if it determines that the Bidder
recommended for award has engaged in corrupt or fraudulent practices in
competing for the contract in question;
(c) will declare a firm ineligible, either indefinitely or for a stated period of time,
to be awarded a contract if it at any time determines that the firm has
engaged in corrupt or fraudulent practices in competing for, or in executing,
a contract of the Owner.
All pages of Integrity Pact (As per attached format at Annexure-E) duly signed by
authorized signatory of the Employer prior to uploading of the tender shall be
subsequently signed by the authorised signatory of Applicant and uploaded &
submitted with the tender documents as specified in the tender. Failure to sign
the Integrity Pact by the applicant shall lead to outright rejection of the
application.
32.0 Submission of documents by post:
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
ITB- {Package(W)-NJHPS-174(O&M)/2017)
Page 19 of 19
33.1 We have read carefully all the bidding documents and agreed to the conditions
except for deviation taken clause wise in deviation schedule.
33.3 Scanned copy of documents uploaded along with the bid is true to the best of our
knowledge.
33.4 We have visited the site before the submission of the tender.
Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New
Corporate 171006 (H.P.), ordination Office Delhi. PIN-110017, TELE: 011- 41659210/17
Office FAX: 011- 41659204/14
ITB- {Package(W)-NJHPS-174(O&M)/2017)
GENERAL CONDITIONS OF CONTRACT (GCC)
1.0 Definitions
(a) "The Contract" means the Contract Agreement entered between the
Owner and the Contractor, as recorded in the Contract Form signed by the
parties, including all attachments and appendices thereto and all
documents incorporated by reference therein.
(b) "The Contract Price" means the price payable to the Contractor under the
Contract for the full and proper performance of its contractual obligations.
(c) "The Services" means all those services necessary for the Design,
Engineering, Supply, Erection, Testing & Commissioning of Pre-
Engineered Building (PEB) of Central O&M Workshop at NJHPS,SJVN
Ltd. Jhakri and any other incidental services etc. and other such
obligations of the Contractor covered under the Contract.
(e) "The Contractor" means the individual or firm carrying out the repair work
under this Contract.
(f) "Corrupt Practice" means the offering, giving, receiving or soliciting of any
thing of value to influence the action of a public official in the procurement
process or in contract execution.
2.1 Within thirty (30) days of receipt of the notification of Contract award i.e. from the
date of issue of LOA, the successful Bidder shall furnish to the Owner, an
unconditional performance security for ten percent (10%) of the Contract Price
with a validity up to 60 days after the Guarantee Period (Refer clause 5.0).
2.2 The proceeds of the performance security shall be payable to the Owner as
compensation for any loss resulting from the Contractor's failure to complete its
obligations under the Contract.
2.3 The performance security shall be denominated in the currency of the Contract
and shall be in the form of Bank Guarantee (As per format enclosed) issued
preferably by a nationalized or by any Scheduled Bank As per RBI guidelines (As
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Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New Delhi.
Corporate 171006 (H.P.), ordination PIN-110017, TELE: 011- 41659210/17
Office Office FAX: 011- 41659204/14
per list enclosed), acceptable to the Owner or in the form of FDR/TDR (pledged in
the favour of the owner) etc.
2.4 The performance security will be discharged by the Owner and returned to the
Contractor not later than sixty (60) days after completion of guarantee period.
2.5 The NSIC registered firms are not exempted from the submission of CPG.
2.6 The interest @15.5% shall be charged on delay period for breach in timely
submission of CPG/Initial Security Deposit without prejudice to right of
SJVN to other remedies available under the contract.
3.0 PACKING: The bidder shall provide such packing to the goods as is required to
prevent damage or deterioration during transit to their final destination. The
packing shall be sufficient to withstand, without limitation, rough handling during
transit and precipitation during transit and open storage. Packing case size and
weights shall take into consideration, the remoteness of the Goods final
destination, the existing road condition and the absence of heavy handling
facilities at all points in transit and project storage site.
4.0 INSURANCE
4.1 The goods to be supplied and work to be completed under the scope of the
work shall be insured for all risks by the contractor till the completion of work
and handing over of the premises to SJVN. The Contractor shall at his expense
take out and maintain in effect, or cause to be taken out and maintain in effect,
during the performance of the Contract, the insurance set forth below in sums and
other conditions specified.
Sl. Insurance Amount insured Conditions
No.
A. All risk 1. 110% of FOR and 1) Owner to be named as co-
Insurance for inland transportation insured
value
material to be +
2) Warehouse to warehouse
supplied & 2. 110% of the services basis
services to be value 3) Open policy/Separately
completed + 4) All risk insurance, SRCC (Strikes,
3. All taxes & duties Riots, Civil Commotion), terrorism
including entry tax etc.
Note:
(i) The owner shall be named as co-insured under all insurance policies taken out
by the contractor except for Third Party Liability and Workmans Compensation /
Employees Liability Insurances.
4.2 It will be the responsibility of the supplier/contractor to lodge, pursue and settle all
claims with the insurance company in case of any damage, loss, theft, pilferage of
fire during execution of the contract and purchaser shall be kept informed about it.
The supplier/contractor shall replace the last/damaged materials promptly
irrespective of the settlement of the claims by the underwriters. The losses, if any,
in such replacement will have to be borne by the supplier/contractor.
4.3 Any loss or damage to the plant and equipment or person during handling,
transportation, repairing, and all activities, and any accident or death of the
persons due to negligence on the part of the contractor shall be to the contractors
account for all risks. The successful bidder shall be responsible for preparing of all
claims and make good the damages or loss by way of repairs and/ or replacement
of plant and equipment damaged or lost. Notwithstanding the extent of insurance
cover and the amount of claim available from the underwriter, the successful
bidder shall be liable to make good the full replacement/rectification of all the
equipment and material and to ensure their availability as per the project
requirement/without additional financial liability to SJVN.
4.4 In addition to above contractor shall insure his all man and machinery etc.
against any mishap / accident. Contractor shall submit the insurance policy
to this effect to the EIC of the work. SJVN shall bear no responsibility and
financial liability for any mishap/accident for contractor man power /
machinery.
5.0 GUARANTEE
5.1 The complete work done under the scope of contract will be guaranteed in the
normal working condition with allowable wear and tear for 12 months of
satisfactory performance from the date of completion of work and handing over
of premises to SJVN Ltd. In case of any problem within the guarantee period due
to poor quality of material, poor workmanship etc. the same will be replaced or
rectified free of cost at SJVN project site, as necessary during the stipulated
period in the contract or on the direction of EIC.
6.1 The firm shall not be liable for loss or damage to SJVN resulting from any delays
or failure to make shipment to Jhakri site within schedule time for all or any part of
the item due to the act of God, war declared or undeclared, acts of public enemy,
riots, civil commotion, invasion, insurrection, sabotage, acts of restraint of
Government, federal, state or municipal action or regulation, fire, flood, hurricanes,
accidents, epidemic, quarantine, restrictions, or any failure on the part of the
Owner or his representative to approve or comments on drawings or other causes,
contingencies or circumstances not subject to their control, whether of a similar or
dissimilar nature which prevents the Contractor from completion of work. Any
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Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New Delhi.
Corporate 171006 (H.P.), ordination PIN-110017, TELE: 011- 41659210/17
Office Office FAX: 011- 41659204/14
such cause or delays even though not existing on the date of the contract on or
the date of start of reclaiming shall extend the time of performance automatically
by length of delays occasioned thereby, including delay reasonably incidental to
the resumption of normal reclamation work even though such case may occur
after performance of firms obligation has been delayed for the other causes.
6.2 If a Force Majeure situation arises, the Contractor shall promptly notify the Owner
in writing of such condition and the cause thereof. Unless otherwise directed by
the Owner in writing, the Contractor shall continue to perform its obligations under
the Contract as far as is reasonably practical, and shall seek all reasonable
alternative means for performance not prevented by the Force Majeure event.
7.0 PAYMENT TERMS: The payment to the bidder will be made as under after
submission of all the required documents acceptable to SJVN Ltd. All the
payments will be made within 30 days on submission of all the required
documents as under:
A. 70% pro-rata payment along with 100% taxes & duties on delivery and
acceptance/inspection of identified items as per BOQ/billing break-up and on
submission of the following documents in bound folder to concerned EIC for
verification:-
i. Invoices in Triplicate.
ii. Copy of unconditional acceptance of Letter of Award along with copy of
agreement.
iii. Copy of TIN No.
iv. Copy Contract Performance Security.
v. Inspection & Test Reports as per T.S. (As applicable).
vi. Material dispatch clearance certificate (MDCC) issued by SJVN.
vii. Material physical verification certificate issued by consignee.
viii. Copy of GR duly acknowledged at NJHPS, SJVN Ltd. Jhakri by EIC or
his authorized representative or consignee, for receiving of material in
good condition.
ix. Insurance Policy as per sr. no. 4.1 above.
B. Balance 30% of the material cost for each item as identified as per BOQ/billing
break-up will be made after completion of the entire works under the contract &
submission of following documents to EIC of the work:
a. In view of above, 70% pro-rata payment along with 100% taxes & duties on
completion of each identified items/services as per BOQ/billing break-up on
submission of following documents to EIC for verification:
b. Balance 30% of the service cost for each item as identified as per BOQ/billing
break-up will be made after completion of the entire works under the contract
& on submission of following documents to EIC of the work:
7.3 The payment shall be released through electronic fund transfer and hence you are
requested to give your bank account detail along with IFSC/RTGS code of your
bank branch. The required detail is to be filled in Schedule-4. Bank charges
if any, shall be borne by you. The details to be submitted in the schedule as
enclosed.
7.4 This however, shall not be linked with liability of the contractor to pay wages to his
worker as per provisions of wages act. The contractor shall make payment to the
workmen hired by him for this job by 7th of each month. In case of his failure to
Package(W)-NJHPS-174(O&M)/2017- Design, Engineering, Supply, Erection, Testing & Commissioning of Pre-Engineered
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Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New Delhi.
Corporate 171006 (H.P.), ordination PIN-110017, TELE: 011- 41659210/17
Office Office FAX: 011- 41659204/14
do so, EIC shall make direct payment to the workmen hired by him and shall
recover the payments so made by SJVN from the pending dues of the contractor
along with 25% cost as SJVN, overhead.
7.6 The Service Tax including Swachh Bharat Cess & Krishi Kalyan Cess (If
applicable) shall be paid as per relevant rules of service tax. However, the service
tax including Swachh Bharat Cess & Krishi Kalyan Cess is to be invoiced and paid
separately. The Service Tax including Swachh Bharat Cess & Krishi Kalyan Cess
shall be paid by SJVN on submission of following information/documents along
with bids:-
7.8 All the payments for the supplies and/or services (as applicable) rendered by
MSEs (Micro & Small Enterprises) supplier/contractor under the contract shall be
released within forty five (45) days from the day of acceptance.
In case payments are not released as mentioned above, SJVN shall pay the
principal amount plus compound interest with monthly rests from the date
immediately following the date agreed upon @ three times of bank rates as
notified by Reserve Bank of India time to time.
7.9 All the payments for the supplier and/or services (as applicable) rendered by non-
MSEs (Non- Micro & Small Enterprises) supplier/ contractor under the contract
shall be released within forty five (45) days from the receipt of invoices/bills from
the contractor/ supplier complete in all respects.
Package(W)-NJHPS-174(O&M)/2017- Design, Engineering, Supply, Erection, Testing & Commissioning of Pre-Engineered
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Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New Delhi.
Corporate 171006 (H.P.), ordination PIN-110017, TELE: 011- 41659210/17
Office Office FAX: 011- 41659204/14
In case payments are not released as mentioned above, SJVN shall pay the
principal amount plus simple interest from the date immediately following the date
agreed upon @ 8% p.a.
8.0 WORK COMPLETION SCHEDULE: The basic consideration and the essence of
the Contract shall be the strict adherence to the Work Completion Schedule. The
Maximum work completion period for complete scope of work as per technical
specifications (For Design, Engineering, Supply, Erection, Testing &
Commissioning of Pre-Engineered Building (PEB) of Central O&M Workshop
at NJHPS,SJVN Ltd. Jhakri) from the date of issue of LOI/LOA till Completion of
work shall be as below.
Sr. Description Completion period in
no. No. of days from the
date of placement of
LOI/LOA.
1 Design of Pre-Engineered Building Structure 30
&Civil Works.
2 Approval of Civil work/PEB Structure Design. 120
3 Civil Works i.e. Foundation Works and 120
Manufacturing of PEB Structure Material.
4 Transportation of PEB Structure Material. 30
5 Erection/Construction at site 90
Total Work Completion Period 390 Days
8.1 However, Bidder can also offer a shorter completion period which will also be
acceptable to SJVN Ltd. Bidders have an option to plan the periods for various
activities at their own and shall fill up the period against each activity in the Work
completion schedule Techno-commercial Schedule-2. However, any bidder
offering work completion of more than 390Days will not be considered and his
bid will be rejected.
8.2 The bidder shall submit the activity wise schedule for drawings submission,
equipment manufacturing, supply and erection along with the bid.
Remarks:
9.1 If the contractor fails to complete the work within the period(s) specified in the
Contract (8.0 above), the Owner shall, without prejudice to its other remedies
under the Contract, deduct from the Contract Price, as Liquidated Damages, as
specified here in below.
9.2 The Liquidated Damage for delay in completion of work, beyond the maximum
completion schedule as stipulated at clause 8.0 above shall be @ % (Half
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Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New Delhi.
Corporate 171006 (H.P.), ordination PIN-110017, TELE: 011- 41659210/17
Office Office FAX: 011- 41659204/14
percent) per week or part thereof on the total contract price. The total amount of
Liquidated Damages for delay under the Contract will be subject to a maximum of
five percent (5%) of the total Contract price for the entire scope of work.
9.4 Contractors obligations and the Owners remedies in respect of delay are solely
and exclusively as stated in this Liquidated Damages clause subject to provisions
of Clause 10.0 and consequence thereof.
10.1 The Owner, without prejudice to any other remedy for breach of Contract, by
written notice of default sent to the Contractor, may terminate this Contract in
whole or in part:
a) if the Contractor fails to complete any part of all the work or all of the Goods within
the period(s) specified in the Contract, or within any extension thereof granted by
the Owner.
b) if the Contractor fails to perform any other obligation(s) under the Contract.
10.2 In the event the Owner terminates the Contract in whole or in part, the Owner may
procure / get repaired, upon such terms and in such manner as it deems
appropriate, Goods or Services similar to those undelivered / un-repaired, and the
Contractor shall be liable to the Owner for any excess costs for such similar
Goods or Services. However, the Contractor shall continue performance of the
Contract to the extent not terminated.
The Owner may at any time terminate the Contract by giving written notice to the
Contractor if the Contractor becomes bankrupt or otherwise insolvent. In this
event, termination will be without compensation to the Contractor, provided that
such termination will not prejudice or affect any right of action or remedy which
has accrued or will accrue thereafter to the Owner.
12.1 The Owner reserves the right to terminate the Contract either in part or in full due
to reasons other than those mentioned under clause entitled "Contractor's
Default" and "Outbreak of War". The Owner shall in such an event give seven (7)
days notice in writing to the Contractor of his decision to do so.
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Registered & SJVN Corporate Office Complex, Shanan, Shimla- Liaison/Co- SJVN, IRCON Building, Ground Floor, Saket New Delhi.
Corporate 171006 (H.P.), ordination PIN-110017, TELE: 011- 41659210/17
Office Office FAX: 011- 41659204/14
12.2 The Contractor upon receipt of such notice shall discontinue the work on the date
and to the extent specified in the notice, make all reasonable efforts to obtain
cancellation of all orders and contracts to the Owner, stop all further sub-
contracting or purchasing activity related to the work terminated, and assist the
Owner in storage, maintenance, protection, and disposition of the works acquired
under the contract by the Owner.
12.3 In the event of such a termination, the Contractor shall be paid equitable and
reasonable compensation, as dictated by the circumstances prevalent at the time
of termination.
13.1 Any dispute(s) or difference(s) arising out of or in connection with the Contract
shall, to the extent possible in the first instance be resolved amicably between the
Contractor and the Owners Engineer.
13.2 If any dispute or difference of any kind whatsoever shall arise between the Owner
and the Contractor, arising out of the Contract for the performance of the Works
whether during the progress of the Works or after its completion or whether before
or after the termination, abandonment or breach of the Contract, it shall, in the first
place, be referred to and settled by the Engineer, who within a period of ten (10 )
days after being requested by either party to do so, shall give written notice of his
decision to the Owner and the Contractor.
13.3 Save as hereinafter provided, such decision in respect of every matter so referred
shall be final and binding upon the parties until the completion of the entire work
under the Contract and shall forthwith be given effect to by the Contractor who
shall comply with all such decisions, with all due diligence, whether he or the
Owner requires arbitration as hereinafter provided or not.
13.4 If after the Engineer has given written notice of his decision to the parties, no claim
to arbitration has been communicated to him by either party within ten (10) days
from the receipt of such notice, the said decision shall become final and binding
on the parties.
13.5 In the event of the Engineer failing to notify his decision within ten (10) days after
being requested as aforesaid or in the event of either the Owner or the Contractor
being dissatisfied with any such decision, or within ten (10) days after the expiry of
the first mentioned period of ten (10) days, as the case may be, either party may
require, by written notice to the other party, that the matters in dispute be referred
to arbitration as hereinafter provided.
14.1 All disputes or differences in respect of which the decision, if any, of the Engineer
has not become final or binding as aforesaid shall be settled by arbitration in the
manner hereinafter provided.
14.3 The arbitration shall be conducted in accordance with the provisions of the
Arbitration & Conciliation Act, 1996 or any statutory modification thereof.
14.5 The decision of the majority of the arbitrators shall be final and binding upon the
parties. The expenses of the arbitration shall be paid as may be determined by the
arbitrators. The arbitrators may, from time to time with the consent of all the
parties enlarge the time for making the award. In the event of any of the aforesaid
arbitrators dying, neglecting, resigning of being unable to act for any reason, it will
be lawful for the party concerned to nominate another arbitrator in place of the
outgoing arbitrator.
14.6 The arbitrator shall have full powers to review and/or revise any decision, opinion,
directions certification or valuation of the Engineer in consonance with the
contract.
15.2 The arbitration procedure shall be as per the guidelines issued by DPE
(department of Public Enterprise).
a) the Contractor shall not be liable to the Employer, whether incontract, tort,
or otherwise, for any indirect or consequential loss or damage, loss of use,
loss of production, or loss of profits or interest costs, provided that this
exclusion shall not apply to any obligation of the Contractor to pay liquidated
damages to the Employer and
b) the aggregate liability of the Contractor to the Employer, whether under the
Contract, in tort or otherwise, shall not exceed the total Contract Price,
provided that this limitation shall not apply to the cost of repairing or
replacing defective equipment, or to any obligation of the Contractor to
indemnify the Employer with respect to patent infringement.
17.1 The Contract shall be governed by and interpreted in accordance with the laws in
force in India. The courts of Rampur Bushahar/ Shimla shall have exclusive
jurisdiction in all matters arising under the Contract.
18.0 NOTICES
Any notice given by one party to the other pursuant to this Contract shall be sent
to the other party in writing or by cable telex, or facsimile and confirmed in writing
to the other party's address specified in NIT/NIQ.
(ii) All the correspondences after award of the contract shall be addressed to AGM
(PH. Mech. Maintc.), NJHPS, SJVN Ltd, Jhakri, Distt Kinnaur (H.P.), PIN- 172201.
PH No. Phone No.01782-275237, Fax No. 01782-275834
21.0 CONSIGNEE
The Goods under this Contract shall be dispatched to the Consignee i.e. to Sr.
Manager, (O&M Stores),Nathpa Jhakri Hydro Electric Project, SJVN Ltd.,
Jhakri, Distt. Shimla, (HP),Pin-172201 (INDIA)
Phone No. 0091-1782-275041; Fax No. 0091-1782-275827
.
Remarks: The material is to be routed through (O&M), Stores, NJHPS, SJVN Ltd.
Jhakri for Physical verification of the material. The physical verification certificate
shall be issued by Stores Deptt. The material after verification by stores deptt. is to
be delivered at Storage site to be provided by SJVN (EIC).
***
Basic Requirements:
1. The contractor has to observe all site norms applicable for the
contractor and his deployed personnels at worksite.
(Employees; regular/ daily wages/ contract basis etc.)
c) All the equipment deployed for the job should have proper safety
guards.
Page 2 of 2
ANNEXURE-
Dear Sirs,
We .. [Name & Address of the Bank] ... Having its Head Office at
.. (hereinafter referred to as the 'Bank', which expression shall,
unless repugnant to the context or meaning thereof, include its successors, administrators,
executors and assigns) do hereby guarantee and undertake to pay the Owner, on demand any
and all monies payable by the contractor to the extent of ... (*) . as aforesaid at
any time upto . (@) [days/month/year] without any demur,
reservation, context, recourse or protest and/or without any reference to the Contractor. Any
such demand made by the Owner on the Bank shall be conclusive and binding
notwithstanding any difference between the Owner and the Contractor or any dispute
pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes
not to revoke this guarantee during its currency without previous consent of the Owner and
further agrees that the guarantee herein contained shall continue to be enforceable till the
Owner discharges this guarantee.
The Owner shall have the fullest liberty, without affecting in any way the liability of the
Bank under this guarantee, from time to time to extend the time for performance of the
Contract by the Contractor. The Owner shall have the fullest liberty, without affecting this
guarantee, to postpone from time to time the exercise of any powers vested in them or of any
right which they might have against the Contractor, and to exercise the same at any time in
any manner, and either to enforce or to forbear to enforce any covenants, contained or
implied, in the Contract between the Owner and the Contractor or any other course or remedy
or security available to the Owner. The Bank shall not be released of its obligations under
these presents by any exercise by the Owner of its liberty with reference to the matters
aforesaid or any of them or by reason of any other act or forbearance or other acts of
omission of commission on the part of the Owner or any other indulgence shown by the
Owner or by any other matter or thing whatsoever which under law would, but for this
provision, have the effect of relieving the Bank.
The Bank also agrees that the Owner at its option shall be entitled to enforce this Guarantee
against the Bank as a principal debtor, in the first instance without proceeding against the
Contractor and notwithstanding any security or other guarantee that the Owner may have in
relation to the Contractor's liabilities.
Not withstanding anything contained hereinabove our liability under this guarantee is
restricted to . (*) .. and it shall remain in force up to and including
. (@) and shall be extended from time to time for such period (not
exceeding one year), as may be desired by M/s.. [Contractor's Name] ... on
whose behalf this guarantee has been given.
Dated this . day of .. 2017 . at ...
WITNESS
.. (Signature) .
(Signature)
..
(Name) (Name) ..
..
(Official Address) (Designation with Bank
Stamp)
Attorney as per Power of
Attorney No
Dated .
Notes: 1. (*) this sum shall be ten percent (10%) of the Contract Price.
(@) This date will be sixty (60) days beyond the guarantee period as
specified in the Contract.
AGREEMENT FORMAT
AND
1. In this Agreement, words and expression shall assume the same meanings as
are respectively assigned to them in the Conditions of Contract hereinafter
referred to and they shall be deemed to form and be read and construed as part
of this Agreement.
4. The contractor undertakes to execute and complete the Works within the Time for
Completion and to achieve the Milestones within the time prescribed thereof in
the Contract.
5. The following documents shall be deemed to form and be read and construed as
integral part of this Agreement: This Agreement shall prevail over all other
Contract Documents.
In witness whereof the parties hereto have executed this Agreement on the day, month and
year first written before.
The Common Seal of both the Parties is hereunto affixed in the presence of: