M.P. AUDYOGIK KENDRA VIKAS NIGAM LTD., INDORE. Cosntruction of New BT Road at I/A Meghnagar Distt. Jhabua, (M.P)

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1 M.P. AUDYOGIK KENDRA VIKAS NIGAM LTD., INDORE. STANDARD DOCUMENT FOR PERCENTAGE RATE TENDER (Form A ) FOR Cosntruction of New BT Road at I/A Meghnagar Distt. Jhabua, (M.P) Estimated Cost Rs lacs Earnest Money Rs.89050/- Managing Director Madhya Pradesh Audyogik Kendra Vikas Nigam (I) Ltd., Indore February

2 NOTICE INVITING TENDER Office of the Managing Director, MP AKVN, Indore 3/54 Press Complex, Free Press Building, Agra-Mumbai Road, Indore , M.P No. AKVN/IND/ACCT/14/ Date NOTICE INVITING TENDER On line tenders for the following work are invited through e-procurement system Name of work: - Construction of New B.T. Road at Industrial Area Meghnagar Distt. Jhabua Probable amount of contract Rs lacs EMD Rs /- Last date of Purchase of Tender: Detailed NIT along with other details can be viewed on above mentioned portal. Executive Engineer

3 GUIDELINES TO CONTRACTORS FOR IMPLEMENTATION OF E-PROCUREMENT SYSTEM IN Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd, GOVERNMENT OF MADHYA PRADESH Note: These will over rule the stated in the tender documents, wherever relevant and applicable. 1. Registration of Bidders on e-procurement System: All the Bidders (Contractors) registered / intending to register with Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd are required to register on the e-procurement System on the website and get empanelled on in order to participate in tenders processed by Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd using the e- procurement System. The Bidders (Contractors) registered with other departments who are also eligible to participate in tenders processed by Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd are also required to be registered on the e-procurement System on 2. Digital Certificate: The bids submitted online should be signed electronically with a Class III Digital Certificate to establish the identity of the Bidder submitting the Bid online. The bidders may obtain Class III Digital Certificates issued by an approved certifying Authority authorized by the Controller of Certifying Authorities, Government of India. A Class III Digital Certificate is issued upon receipt of mandatory identity proofs along with an Application Form. Only upon the receipt of the required documents, a Digital Certificate can be issued. Note: It may take up to 7 working days for issuance of Class III Digital Certificate; hence the bidders are advised to obtain them at the earliest. Important Note: Bid for a particular tender can be submitted during the ONLINE BID SUBMISSION stage only using the Digital Certificate that is used to encrypt the data and Upload their bids. In case, during the process of a particular tender, the bidder looses his Digital Certificate because of any problem (such as misplacement, virus attack, hardware problem, operating system problem, etc); he may not be able to submit his bid online. Hence, the bidders are advised to keep their Digital Certificates in a safe place under proper security to be used whenever required. The digital certificate issued to the Authorized User of a Partnership Firm / Private Limited Company / Public Limited Company / used for online bidding will be considered as equivalent to a no-objection certificate / power of attorney to that user. In case of Partnership Firm, majority of the Partners have to authorize a specific individual through Authority Letter signed by majority of the Partners of the Firm. In case of Private Limited Company, Public Limited Company, the Managing Director / any other person (having designated authority to authorize a specific individual) has to authorize a specific individual through Authority Letter.

4 Unless the certificate is revoked, it will be assumed to represent adequate authority of the specific individual to bid on behalf of the Organization for online tenders as per Information Technology Act This Authorized User will be required to obtain a Digital Certificate. The Digital Signature executed through the use of Digital Certificate of this Authorized User will be binding on the firm. It shall be the responsibility of Management / Partners of the concerned firm to inform the certifying authority, if the authorized User changes, and apply for a fresh digital certificate for the new authorized User. 3. Set Up of Bidders Computer System: In order for a Bidder to operate on the e-procurement System, the computer system of the bidder is required to be set up for Latest version of Java, Operating System, Internet Connectivity, Utilities Fonts, etc. A help file on setting up of the Computer System can be obtained form the portal.. 4. Publishing of NIT For the tenders processed using the e-procurement system, only a brief Advertisement related to the tender shall be published in the newspapers and the Detailed Notice shall be uploaded only on the e-procurement system. The contractors can view the Detailed Notice and the time schedule for all the tenders processes using the e-procurement System on the website 5. Key Dates The bidders are strictly advised to follow the time schedule (Key Dates) of the Tender for their side for tasks and responsibilities to participate in the tender, as all the stages of each Tender are locked before the start time and date and after the end time and date for the relevant stage of the Tender as set by the concerned Department Official. 6. Purchase of Tender Documents: The tender document can be purchased ONLY online. The tender shall be available for purchase to concerned eligible contractors immediately after online release of the tender and upto scheduled date and time as set in the key dates. Arrangements have been made for the Bidders to make payments online via Credit Card / Internet Banking. In case of online tendering, the application form for the purchase of tender documents shall not be required. The bidder can purchase the tender documents online by making online payment of tender document fees using the service of the secure electronic payments gateway (see point 7 below for further details), and should print out the system generated receipt of their reference which can be produced whenever required. 7. Electronic Payment Account: As the tender documents shall be available for purchase only online, bidders are required to pay the tender document fees online using the Online Payments Gateway Service integrated into the e-procurement System. For the list of available modes of electronic payments that are presently accepted on the Online Payments Gateway Service, please check the link List of e-payments accepted online on

5 8. Preparation of Bids and Submission of Bid Online by the Bidders: The Bidders have to prepare their Bids online, encrypt their bid data in the Bid Forms and submit Bid Seals (Hashes) of all the envelopes and documents required to be uploaded related to the Tender as per the time schedule mentioned in the key dates of the Notice Inviting Tenders after signing of the same by the Digital Signature of their authorized representative. 9. Submission of Earnest Money Deposit: The Bidders shall submit their Earnest Money Deposit as usual in a physically sealed Earnest Money Deposit envelope and the same should reach the concerned Office as stated in the Notice Inviting Tender by post. The bidders have to upload scanned copy of Earnest Money Deposit instrument along with the reference details. 10. Opening of Tenders: The concerned Department Official receiving the tenders or his duly authorized Officer shall first open the online Earnest Money Deposit envelope of all the Bidders and verify the scanned copy of the Earnest Money Deposit uploaded by the Bidders. He shall check for the validity of Earnest Money Deposit as required. He shall also verify the scanned documents uploaded by the bidders, if any, as required. In case, the requirements are incomplete, the commercial and other envelopes of the concerned Bidders received online shall not be opened. The concerned official shall then open the other envelopes submitted online by the Bidders in the presence of the Bidders or their authorized representatives who choose to be present in the order of opening. He will match the Bid seal (Hash) of each envelope and the documents uploaded, during the respective opening, with the hash submitted by the Bidders during the Bid Preparation stage. In the event of a mismatch, the Bid data in question shall be liable for a due process of verification by the Nodal Officer of e-procurement System of Public Works Department. For more details you may contact Mr. N.S. Rajput, Executive Engineer MP, AKVN (I) Ltd, Indore. Telephone No , Mr. Amar Singh Officer Implementation, MPSEDC, State IT Center, Bhopal Call at

6 DETAILED NOTICE INVITING TENDERS OFFICE OF THE MANAGING DIRECTOR MP AKVN, Indore 1. SCOPE OF WORK 2. Construction of New B.T. Road at Industrial Area Meghnagar Distt. Jhabua. 3. ELIGIBILITY CRITERIA a). The Contractors (registered in appropriate class in PHED, PWD, WRD, CPWD, Railways, MES or any other state government / central government undertaking / organizations) who have got adequate financial resources, state of the art technology, suitable construction equipments, technical manpower and sufficient past experience satisfying the conditions of technical and financial criteria are eligible to apply. b). No joint Venture or consortia is permissible. c). Not more than one bid shall be submitted by a contractor or by a firm of contractors. d). No two or more concerns in which an individual is interested as a proprietor and / or partner shall bid for the same work. If they do so, all such bids shall be liable to be rejected. A- Technical Criteria The bidder should have experience in similar nature of work. Experience requirement:- Applicant must have completed successfully at least one project of similar nature / civil works of costing minimum lacs in last three year of similar nature (building work/boundary wall work). Or Applicant must have completed successfully at least two projects of similar nature /civil work costing minimum each lacs in last three year of similar nature (building work/boundary wall work). Or Applicant must have completed successfully at least three projects of similar nature /civil work costing minimum each lacs in last three year of similar nature (building work/boundary wall work). B- Financial Criteria 1. The bidder should have a minimum average annual construction turnover 30% of cost of work in similar nature of works during last three financial years. (Financial Years , and ) 2. Latest valid original bank solvency certificate for at least a minimum amount of Rs. Twelve Lacs from a Nationalised / Scheduled Bank in favour of Managing Director, MPAKVN (I) Ltd. Indore.

7 Note:- 1. Latest audited balance sheets counter singed by a charted Accountant shall be enclosed towards the financial qualifying requirements. 2. Work done certificate for having successfully completed at least one similar nature of work under single contract as per technical criteria shall be obtained from a competent authority not below the rank of Executive Engineer. The work done certificate should mention the nature / items of work executed, date of commencement of work, date of completion of work and the date of successful commissioning of work. 3. All photocopies should be self attested

8 Construction of New BT Road at Industrial Area Meghnagar Distt. Jhabua Conditions for Eligibility A. The tenders will be received online in three envelopes system in which: First Envelope will contain Scan Copy of Earnest Money of required amount by FDR / DD payable to the Managing Director MPAKVN (Indore) Ltd. Indore at Indore. To be eligible, the applicant shall provide satisfactory evidence to the department of their eligibility and their capability and adequacy of the resources to carry out the contract effectively. The minimum requirement of pre-qualification shall be given in Detailed Tender Notice of contract document. B. Joint Venture of firms is not allowed. C. Even though the applicant satisfy the prequalification criteria, they are likely to be disqualified if they: Make untrue or false representation in the forms, statements and attachments finished in response to this clause and or having. Records of poor performance such as abandoning the work, rescinding of contract for which the reasons are attributed to the non-performance of the contractor, consistent history of mitigation awarded against the applicant or financial due to bankruptcy. D. After checking for the various elements of the technical proposals. Tenderers whose technical proposals is found un eligible for consideration, there financial bid will be returned unopened. E. Bidders have to submit Envelope A and B Physically also. Original Earnest Money in Envelope A and relevant technical document in Envelope B. Price Bid (Financial Offer) should be submitted online only, in case of physical submission of price bid, the bid will be rejected. 1. Submission of Tender:- (i). The Post-qualification document in prescribed forms duly completed and signed shall submit his offer in a double cover with Earnest money, Technical proposal online and same should be submitted physically. Financial bid should be uploaded online only. In case of physical submission of price bid, the bid will be rejected. Tender document complete in all respect should reach at the office of the Managing Director MPAKVN Indore as per online notice by in up to 5:30 pm Documents submitted in connection with the Technical proposal will be treated as confidential and will not be returned. (ii). Over writing should be avoided, correction if any, shall be made by crossing out, initialing, dating and rewriting.

9 (iii). References / information and certifications from the respective clients certifying suitability, technical know-how or capability of the applicant should be signed by the client. (iv). The applicant is advised to attach any additional information, which he thinks it necessary in regard to his capability. No further information will be entertained after opening the tender document, unless the office of the Managing Director MPAKVN Indore, calls it for. (v). The cost incurred by the applicant in preparing the post-qualification information, in preparing clarification or attending the discussions, conferences in connection with this document will be borne by the applicant and the Employer will in no case be responsible or liable for these costs, regardless of the conduct of the outcome of the post qualification process. 2. All applications submitted shall include the following information. (i). Copies of the original documents defining the constitution, legal status, place of registration and principal place of business of the applicant in the format given in Annexure. (ii). Details are experience and past performance of the applicant on work of similar nature completed during the past five years in Annexure. (iii). Details of current work in hand and other contractual commitment in format given in Annexure. (iv). Report of the financial standing of the application such as profit and loss statements, balance sheets and auditor s reports, for the past three years, estimated financial projections for the next two years and an authority from the applicant to seek reference from the applicant bankers in the format given in Annexure. (v). Information regarding relatives working in the MP AKVN format given at Annexure. (vi). Information regarding any litigation in which the applicant is involved in the format given in Annexure. (vii). ADDITIONAL INFORMATION: Any further information may be supplied in Annexure. The applicant may also give a brief note indicating how the applicant considers himself as eligible for pre-qualification for the work. No two or more concerns in which an individual is interested as proprietor and / for Partner / Director shall tender for the execution of the same work. If they do so, all such tenders shall be liable to rejected. List of Annexure Structural Organization Annexure I Tenderer s Experience Annexure II Tenderer s details of Machinery Annexure III Tenderer s details of Personnel Annexure IV Works Tendered / in Hand Annexure V

10 Performa showing the details of site visit done by agency before quoting the tender Financial Statement List showing near relative of the applicant working in MPAKVN Indore Information regarding litigation Additional Information Annexure VI Annexure VII Annexure VIII Annexure IX Annexure X All information should be furnished in the enclosed forms against the respective columns in the forms. If the information is furnished in a separate document, reference to the same should be given against respective columns. If information is NIL ; it should also be mentioned as NIL ; or No such case, if any particulars / query is not applicable in case of the applicant, it should be stated as Not Applicable. However, the applicants are cautioned that giving incomplete information in the prescribed forms or not giving it in clear terms or making any change in the prescribed forms may result in the applicant being summarily disqualified. Requested made by telegram or by fax and those received after due date shall not be considered. The information in the prescribed forms (Annexure I to X) should be type written. The applicant s name should appear on each page of the Technical Proposal. 3. OPENING OF APPLICATION The Post-qualification documents will be opened online as per key dates at in the presence of the representatives of applicants, who choose to be present. If the Earnest Money is not found in accordance with the prescribed mode, the technical and financial proposal will be returned unopened. The financial offer of only technical qualified contractors will be opened in presence of their representatives. The financial offer of non qualified contractors will be sent back unopened. 4. SEALING OF TENDERS The tenderers are advised to properly seal the tender papers online and physically, it is in their interest. 5. FINAL DECISION MAKING AUTHORITY Office of the Managing Director MPAKVN Indore will scrutinize the applications and reserves the right to recommend for enlisting of the applicant or for rejecting any of the post qualification document, without assigning any reasons there of. 6. PARTICULARS PROVISIONAL The particulars of the proposed work given are provisional and must be considered only as advance information to assist the applicant. 1. The earnest money of all the tenderer shall be refunded if it is decided to reject all the tenders on the same day. Otherwise the earnest money of the all the tenderers shall be retained till any tender is accepted and agreement executed. However, irrespective of the decision on the

11 tenders the earnest money of all the tenderers shall be refundable on expiry of the validity period specified in the NIT unless otherwise mutually agreed. 2. Tenderer should quote his amount on percentage rate basis. The amount should be expressed in figures as well in words. In case the difference in the two then the lower one will be considered. The tenderer will not have the freedom to change the amount. 3. The amount as quoted by the tenderer will be deemed to include various elements described in the respective specifications unless otherwise specified to the contrary. Similarly, the mode of measurements will be deemed to be as provided in the respective specifications. In case there is no such provision in the relevant specifications then the Indian Standard (IS) Code of measurement will guide the decision. 7. LEAD AND LIFT OF WATER No lead and lift for carting of water will be paid unless specifically mentioned to the contrary. 8. LEAD AND LIFT OF MATERIAL No lead or lift of carting of material shall be payable to the contractor except in case of such items for which specific lead and lift are provided in the Bill of Quantities. 9. POWERS OF OFFICER OPENING THE TENDER The officer opening the tenders does not bind himself to accept or recommend for the acceptance of the lowest or any tender or to give any reasons for his decision. Canvassing for support in any form for the acceptance of any tender is strictly prohibited. 10. VALIDITY OF OFFER Tenders submitted shall remain valid for a period of 120 days from the date of opening of the tender. In the event of the tenderer withdrawing the offer before the aforesaid date or failing to deposit the performance security amount and or execute the agreement documents within the notified period for any reason whatsoever, earnest money deposited with the tender shall be forfeited. Time of Contract:- Time allowed for carrying out the work as entered in the NIT shall be strictly observed by the contractor and shall be reckoned from the date of issue of the written work order to commence the work. Payment by Cheque:- The payment will be made by cheque on the Bank at Indore only. No bank commission charges on realizing such payments will be borne by the MP AKVN Indore 11. DRAWINGS : Tenderer should carefully examine the drawings, specification, special condition and other particulars etc. He may visit the site of works and fully satisfy and acquaint himself about the nature, location of the work, the surface conditions, quality and quantity of materials required the character of equipment and ancillaries needed preliminary to and during the execution of the work that may affect the work or its cost.

12 The drawings annexed with the NIT, show the work to be done as generally. In the detailed drawings for execution there might be variations. Such variations are not be vitiate the contract. The drawings will be supplemented or superseded by such additional and detailed drawings as may be necessary or desired as the work proceeds. Such additional general and detailed drawings will show dimensions and details necessary for construction purposes. The contractor shall be required to perform the work on these features and in accordance with additional general and detailed drawings mentioned above. The drawings and specifications are to be considered as complementary to each other. In case of disagreement between specification and drawings, the specification shall govern the contract. Should any discrepancies however appear or should any misunderstanding arise as to the meaning and interpretation of the said specification or drawings or as to the dimension or the quality of the material for the proper execution of the work or as to the measurements or quality or valuation of work executed under this contract or extra thereupon, the same shall be explained by the Engineer in Charge. Figures in dimensioned drawings shall supersede measurements by scale and drawings to the large scale shall take precedence over those on a small scale special directions incorporated on the drawings shall be complied with strictly. The Contractor shall keep at least one copy of the drawings and contract documents all times at the site of works. The contractor shall prepare his construction program and submit the same, showing sequence of operations within three weeks of receipt of notice to proceed with the work in pursuance of the conditions of contract. Along with the above he will also submit the program of bringing requisite tools and plant, machinery to be engage by him to the site of work. 12. THE FINAL BILL: The final bill shall be cleared after withholding the amount of royalty charges Withhold amount shall be released only when contractor obtains the no dues certificate for the royalty from the respective District Collector and submits it to the E.E. 13. SPECIAL WORK CONDITIONS: Refer Annexure H 14. EXECUTION OF AGREEMENT: The tenderer whose tender has been accepted also referred to as the contractor, will have to execute the agreement in the prescribed form, within ten days of the date of receipt of the communication of the acceptance of this tender. He will also have to furnish part of the performance security amount as provided in the conditions of the NIT, simultaneously. Failure to do so will result in the earnest money being forfeited and tender being cancelled. Discretion of Managing Director MPAKVN Indore will be final in this matter. 15. CONDITIONS APPLICABLE FOR CONTRACT All the terms and conditions of the tender notice and the Annexures, referred to herein before, will be binding on the contractors in addition to the conditions of the contract in the prescribed from. Special Conditions will take precedence over the other conditions of the NIT. Similarly the NIT conditions will take precedence over the clauses of the agreement form.

13 Annexure I - Structure and Organisation 1. Name of the applicant : 2. Office Address : 3. Telegraphic Address : 4. Telephone Numbers : 5. Fax Number : 6. Date and location of establishment : 7. The applicant is : a) An individual : b) A proprietary firm : c) A partnership firm (if yes, give name and : address of each of the partners) 8. A limited company (Attach the organizational : chart showing the structure of the organization including the names of the Directors and position of the Officers) 9. Number of years of experience : 10. How many years have your organization been : in this business under the present name? What were the fields when your organization was established? Whether any new fields were added in your organization? And if so, when? 11. Were you ever required to suspend the work for : a period of more than six months continuously after you started? If so give the names of projects and reasons? 12. Have you ever not completed any assignment : given to you? (If so, give name of project and reasons for not completing the work) 13. How many projects were completed either in : time, or before time? 14. In how many of your project were penalties : imposed for delays? Please give details. 15. In which field of Civil Engineering construction : do you claim specialization and interest? Signature of the Applicant

14 Annexure II Tenderer s Experience A list of similar jobs executed by the Contractor & Name with address of a Person whom reference can be made, by the Corporation, if required necessary. (Tenderers shall submit the information in the Format detailed here under) Sr. No Description of work Value of work Construction period as Actual construction Date of Completion Client Person to whom Principal Features executed Rs. per contract on period for the completion of the work reference may be made Contractor s Representative legible Signature: Name of the Person: Seal of the Company: Date & Place:

15 Annexure III Tenderer s Details of Machinery The List of Technical Personnel intended to be placed at the work by the contractor. (Tenderer shall submit in the Format detailed here under.) Sr. No Description & Details Capacity Numbers Make Remarks Machinery Contractor s Representative legible Signature: Name of the Person: Seal of the Company: Date & Place:

16 Annexure IV Details of Personnel The list of Technical Personnel intended to be placed at the Work by the Contractor. (Tenderers shall submit in the Format detailed hereunder). Sr. No Description & Details of Name Qualification Professional Remarks Position Experience & details of works carried out Contractor s Representative legible Signature: Name of the Person: Seal of the Company: Date & Place:

17 Annexure V Works Tendered / In Hand Details of other works, tendered for & in hand, as on the date of the submission of this tender (Tenderers shall submit the information in the format detailed hereunder). Sr. No Name of work with location and address Work in hand Work tender for Remarks Tender cost Cost of remaining work Anticipated date of completion Estimated cost Date when decision is Stipulated date or period of completion expected Contractor s Representative legible Signature: Name of the Person: Seal of the Company: Date & Place:

18 Annexure VI Performa showing the details of site visit done by agency before quoting the tender (Tenderers shall submit in the Format detailed hereunder) Sr. Name of Firm Name of Authorised Qualification Designation / post Remarks No representative of firm who has visited the site holding in company Contractor s Representative legible Signature: Name of the Person: Seal of the Company: Date & Place:

19 Annexure VII - Financial Statement Information regarding financial standing of the applicant S. Details Amount Remarks No. (Rs. In Lac.) Solvency Banker s certificate to be attached 2. Profit and Loss Statement (Last Three Years) 3. Balance Sheet 4. Auditor s Report including net worth 5. Estimated financial projection for the next two years 6. Value of the biggest work executed with period. Certificate from the Owner / Employer in successful execution of work to be furnished Contractor s Representative legible Signature: Name of the Person: Seal of the Company: Date & Place:

20 Annexure VIII - List showing near relative of the applicant working in MPAKVN Indore S. No. Name of Divisional Accountant and other Officer (s) Relationship with the applicant Name of the Relation who are near relatives to Officers mentioned in col. 2 (1) (2) (3) (4) (5) Contractor s Representative legible Signature: Name of the Person: Seal of the Company: Date & Place:

21 Annexure IX - Information regarding current litigation S. No. Name of the Year of Contract Organization Details of Contract litigation (1) (2) (3) (4) (5) Contractor s Representative legible Signature: Name of the Person: Seal of the Company: Date & Place:

22 Annexure X - Additional Information Please add any information, which the applicant considers necessary in regard to the capabilities. (Please give a brief a brief note indicating why the applicant considers himself eligible for prequalification for the work). Contractor s Representative legible Signature: Name of the Person: Seal of the Company: Date & Place:

23 M.P. AUDYOGIK KENDRA VIKAS NIGAM (I) LTD. INDORE Regd. Office : 3/54, A.B. Road Press Complex, INDORE DETAILED NOTICE INVITING TENDER 1. INTRODUCTION : Online Sealed tenders are invited on behalf of M.P. Audyogik Kendra Vikas Nigam (Indore) Ltd. in form A and will be received online at office of the Managing Director M.P.A.K.V.N. (INDORE) Ltd. As per key dates mentioned below, from contractors registered in appropriate class, as per new centralized registration system up to date of issue of NIT. (a) Name of work Construction of New B.T. Road at I/A Meghnagar Distt. Jhabua (b) Probable amount of contact Rs lacs (d) Amount of Earnest money - Rs /- (e) Time allowed for completion 4 months excluding rainy season with 3 years maintenance. (Road carriageway should be pot hole free with bituminous material i/c like BM and BC at the time of completion of maintenance period.) Key Dates Seq MPAKN (I) Stage No 1 - Contractor Stage Tender Purchase - Online 2 - Submit Bid - Online 3 4 Open EMD & Technical / PQ Bid Open Financial / Price-Bid - - Start Date & Time Expiry Date & Time :31 17: : : :30 Envelopes Envelope C,Envelope A,Envelope B Envelope C,Envelope A,Envelope B Envelope A,Envelope B Envelope C The last date for submission of physical Envelop A and B is No price bid should be submitted manually otherwise Bid will be rejected. 1. No, two or more concerns in which an individual is interested as a proprietor and/or partner shall tender for the execution of the same work. If they do so, all such tenders shall be liable to be rejected. 2. The Managing Director shall be accepting officer hereinafter referred to as such for the purpose of this contact. 3. Applications for issue of tender documents shall be submitted to Managing

24 Director so as to reach the office not later than the Last date for receipt of tender. 4. Tender documents consisting of plans specification, Schedules of quantities of the various classes of work to be done, the condition of contract and other necessary documents, together with addressed envelope to be used for return of forms and other documents, will be opened for inspection and issue, for sale on payment of tender fees.

25 IMPORTANT POINTS FOR THE GUIDANCE OF THE BIDDERS (1). Bidders are requested to submit the responsive bids. No conditional bids will be accepted. If any bid is found to be non responsive, the same will summarily rejected without assigning any reason thereof. (2). The bidders are required to quote firm prices having no clause for escalation in the prices of materials in any form. No escalation in any case shall be paid. No advance shall be made. (3). The bidders have to accept the payment conditions as envisaged of the payment schedule of NIT. (4). It is clarified that no payment would be made on submission of drawing and designs and payment will be strictly in accordance with the payment schedule given in NIT. (5). The department does not bind itself that the quantity shown in the schedule will necessarily be executed. No extra works are generally anticipated however, if any such extra works become essential then following SOR shall be applicable & rates shall be decided as per SOR and conditions of contract. (i) Civil : The SOR issued by the Engineer in chief, MP PWD Bhopal for Road & bridge works in force from 01/02/2013 with amendments issued upto date will be applicable. (6). The bidders should ensure that their offers are open for acceptance for complete validity period as prescribed in the NIT i.e. for 120 days from the date of opening of the financial bid. (7). All IS codes referred to at various places in this tender document shall be applicable along with all other IS codes which are relevant to the work even if not mentioned specifically. Similarly all such IS codes shall be applicable with up to date amendments / revisions even if some old year is mentioned against any of such IS codes in this tender document. Final bill shall be processed only when royalty clearance issued by the Collector is furnished by the contractor to the department. (8). CANVASSING: Canvassing or support in any form for the acceptance of any tender is strictly prohibited. Any bidder doing so will render himself liable to penalties which may include removal of his name from the register of approved contractors. (9). POWERS OF COMPETENT AUTHORITY: The Competent Authority reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids at any time prior to contract award, without thereby incurring any liability to Bidders. In case of annulment, all bids submitted and specifically, bid securities shall be promptly returned to the Bidders.

26 (10). AWARD OF CONTRACT: The Competent Authority shall award the contract to the Bidder whose offer has been determined to be the lowest evaluated bid and is substantially responsive to the Bidder is determined to be qualified to perform the Contract satisfactorily. (11). VALIDITY PERIOD: Tenders submitted shall remain valid for a period of 120 days from the date of opening of the tender. In the event of bidders withdrawing the offer before the aforesaid period for any reason what so ever, his earnest money deposited with the tender shall be forfeited. (12). IMPLICATION OF SUBMISSION OF TENDERS: Bidders are advised to visit the sites sufficiently in advance of the date fixed for submission of tender. A tenderer shall be deemed to have full knowledge of all the relevant sites, documents alignments of pipeline, soil conditions etc. whether he inspects them or not. The submission of tender by the contractor implies that he has read the tender notice, conditions of tender and all other contract documents and he has made himself aware of the standard procedures in this respect laid down in the manual of water supply and treatment, and relevant Indian Standard Code of Practice, specifications and made himself aware of the scope and specifications of the work to be done, has seen the queries for different construction materials with their approaches, all sites of the work etc and has satisfied himself regarding the suitability and availability of all the material required for completion of work. The responsibility of opening of new quarries and construction and maintenance of approaches etc shall lie wholly with the contractor. (13). RATES: Contractors shall quote their offer on percentage basis for complete job as described under the scope of work. The percentage rate quoted in the tender shall not be altered by the contractor during the term of the contract. The percentage rate quoted by the contractor shall be the total of the amount of each individual item of work given in Schedule F. Payment shall be made on the basis of actual execution of items of work on the accepted percentage rate as per agreement. The comparison of the bids shall be done on the basis of percentage rate only which shall be the total amount of different items of work given in Schedule F based on the rates in the tender. (14). CURRENCY: The financial offer shall be quoted in Indian Rupees (INR) only. (15). LANGUAGE: The bid and all correspondence shall be prepared and submitted in English Language only. (16). SPECIFICATIONS The wording of item in Schedule F shall be taken as guidelines for general provisions and coverage under the item. The specification under General Specification and Item wise Detailed Specifications given elsewhere in tender document shall apply.

27 The Bureau of Indian Standard (BIS) code of practice as available up to date shall apply in addition to above specifications as supplementary ones. The material required for various items shall conform to relevant IS codes wherever available. The latest edition of IS codes shall be applicable. Materials Of Construction: All works pertaining to the tender shall be executed in accordance with standard specifications of P.W.D. handbook, (with all amendments issued up to the date of issue of Notice Inviting Tender) and relevant I.S. specifications shall be given preference in case there is any difference in I.S. specifications and any other specifications. All materials used on the Civil Work shall be best quality and approved by the Engineer in Charge. Rejected materials shall be removed from the site immediately at the cost of the contractor. All timbers used for wood work must be properly seasoned. Workmanship: The work shall be carried out according to the specifications referred to hereinafter and according to sound Engineering Practices. The decision of the Executive Engineer, in respect of workmanship shall be final. The contractor shall be bound to carry out dewatering wherever found necessary and his percentage rate offer shall be inclusive of it. No separate payment shall be made for dewatering or any other work connected with it unless and otherwise provided for in the Schedule Designs: Contractor has to get the designs of road from reputed structural designer and the same shall be got approved by engineer-in charge. All designs shall be got approved before commencement of work on site. (17). PAYMENTS Payments to the contractor for percentage rate shall be made. (18). SECURITY DEPOSIT The security of 5% of the amount from each payment due to the contractor will be deducted until completion of the whole of the construction work. 25% of the total amount retained as security deposit shall be repaid to the contractor after one year of satisfactory completion of the whole of construction work. One-fourth of the total amount retained as security deposit is repaid to the contractor at the end of 2 nd year after completion of the construction work and balance of the amount retained as security deposit is repaid to the contractor at the end of 3rd year after completion of the construction work subject to condition the engineer has certified that all defects notified by the engineer to contractor before the end of period prescribed for repayment have been corrected. (19). LIQUIDATED DAMAGES 19.1 Both, the Contractor and the Employer have agreed that it is not feasible to precisely estimate the amount of losses due to delay in completion of works and the losses to the public and the economy, therefore, both the parties have agreed that the Contractor shall pay to the Employer and not by way of penalty, at the rate per week or part thereof stated in the Tender Document for the period that the completion Data is later than the Time allowed for Completion of work. Liquidated damages at the same rates shall be withheld if the Contractor fails to achieve the milestones prescribed in the Tender Document. However, in case the Contractor

28 achieve the next milestone the amount of the liquidated damages already withheld shall be restored to the Contractor by adjustment in the next payment certificate. The employer and the contractor have agreed that this is a reasonable agreed amount of liquidated damages and their total amount of liquidated damages shall not exceed 10% of the contract price. The employer may deduct liquidated damages from payments due to the contractors. Payment of liquidated damages shall not affect the contractor s other liabilities If the Completion period is extended after liquidated damages have been paid, the Engineer shall correct any overpayment of liquidated damages by the Contractor by adjusting the next payment certificate. The delay in departmental assistance ingrained in the contract will be taken duly into account while recovering any compensation for the delay. The decision of the Managing Director, MP AKVN (I) Ltd., Indore shall be final. (20). MODE OF PAYMENT Minimum one running bill every month will be paid. The cost of work executed must be more than 5% of the total accepted tender cost for every running bill. However this will not be applicable for Final Bill. The bill will be computed at the accepted percentage rate above / below the rates in Schedule F. (21). MISCELLANEOUS CONDITIONS Subletting: The contractor shall not, without the prior approval of the competent authority in writing, sublet or assign to any other party / parties the whole or any portion of the work under the contract. Even where such approval is granted, the contractor shall not be relieved of any such obligation or duty or responsibility which he undertakes in the contract. The contractor shall be fully responsible for all the works even if they are sublet as above. Taxes: All the taxes and duties including Income tax, sales tax, commercial tax, Octroi duties, royalty or any other tax or duty applicable on the contractors work by the government and local bodies etc. shall be payable by the contractor. The department will grant a certificate for the quantities actually used on the work. Any increase in taxes and duties or any imposition of new taxes or duties after the date of submission of final financial offer shall be reimbursed to the contractor as per actual on production of documentary evidence. For all work costing Rs Lacs and more a 1% of cost of work shall be deducted from the bills of the contractor towards MP building and other construction workers welfare. The royalty charges for extracting minerals for this work shall be paid by the contractor(s) directly as per rules to the concerned authority or any other individuals or local body. Rules of Labour Camp: The Contractor shall be bound to follow the Madhya Pradesh Model rules relating to layout for water supply and sanitation in Labour camps and the provisions of the National Building code of India, latest edition in regard to constructional practice and safety. Fair Wages: The contractor shall pay not less than fair wages to labourers engaged by him on the works (copy of rules enclosed vides Annexure B ). The contractor shall also be bound to follow all the labour laws applicable for the work.

29 Work in the Vicinity: The Executive Engineer reserves the right to take up departmentally or to award works on contract, in the vicinity without prejudice to the terms of contract. Best Quality of Quarried Materials: If in a quarry, materials of more than one quality are found, the materials of the best quality shall be used as approved by the Engineer in Charge. Removal of Undesired Persons: The contractor shall on receipt of the requisition from the Executive Engineer, at once remove any person employed by him on the work who, in the opinion of the Executive Engineer is unsuitable or undesirable. Amount Due From Contractor: Any amount due to Government or any local body, from the contractor on any account concerning work, shall be recovered from him from his bill and / or as arrears of land revenue. Tools and Plants: The contractor shall arrange, at his own cost all tools and plants required for the proper execution of the work. Site Order Book: A site order book shall be maintained by the contractor which shall always be available at site to record the instructions given by the Engineer-in-Charge or his Representative or by the Project Management Consultant. The contractor will sign for orders, instructions given therein by the Engineer In charge or his Representative or by the Project Management Consultant and comply with them. For this purpose, the contractor, or his authorized representative shall have to attend the site daily for receiving instructions if any. Right to Increase or Decrease: The competent authority reserves the right to increase or decrease any item or work during the tenure of the contract and the contractor will be bound to comply with the order of the competent authority without any claim for compensation. Time Schedule: The work shall be done by the contractor according to the time schedule issued by the competent authority. The contractor shall also submit a detailed programme of work giving specific time periods for different activities of work, immediately after award of work and after approval by the competent authority, he shall adhere to this schedule. Time of Contract: Time allowed for carrying out the work as entered in the NIT shall be strictly observed by the contractor and shall be reckoned from the date of issue of work order to commence the work. Payments by Cheque: The payments will be made by crossed account payee cheque. No bank commission charges for realizing such payments, will be borne by the Dept. the Contractor shall have to submit a report of labour engaged to local employment and labour office and copy of the same shall be attached with the bill failing which no payment will be made to the contractor. The contractor shall be liable to obtain all permissions or licenses from the concerned authority such as labour dept., collectorate, mining officer, Nagar Nigam, Govt., Panchayat, development authorities etc. for any activity of work where such permissions / licenses are necessary. All the provisions of the contract labour regulation and abolition act with all upto date amendments shall be applicable and the contractor shall not be allowed to execute any work without such licenses.

30 Contravention of above is punishable and the contractor shall be liable to be prosecuted for any lapse as per provisions of law. The successful bidder is liable to produce license as and when demanded by the Engineer in Charge obtained from the labour department as laid down in chapter IV of contractor labour (Regulation & Abolition) Act 1970, with upto date amendments. TRANSPORTATION OF MATERIALS The contractor shall make his own arrangements for transportation, handling and storage of all the materials. The department is not bound to arrange for priorities for getting wagons or any other materials, such as diesel, P.O.L etc through all possible assistance by way of recommendatory letters will be given if found necessary in the opinion of the Engineer in charge. If it proves ineffective, the contractor shall have no claim for any compensation on that account. (22). Sufficiency Of Tender The contractor shall be deemed to have satisfied himself before tendering as to the correctness and sufficiency of his tender for the execution of the work and that the offer rates and prices shall cover all his obligations under the Contract and all matters and things necessary for the proper completion and mandatory maintenance of the work. (23). Corrupt or Fraudulent Practices The Employer requires the bidders/contractors to strictly observe the laws against fraud and corruption in force in India, namely, Prevention of Corruption Act, (24). AGREEMENT The bidder whose tender has been accepted hereinafter referred to as the contractor, will execute the agreement in the prescribed form, within ten days of communication of the acceptance of his tender by the competent authority. Failure to do so will result in the Earnest Money being forfeited to department and tender being cancelled. Conditions applicable for contract: All the conditions of the tender notice shall be binding on the contractor and shall form part of the agreement to be executed by the contractor in addition to the conditions of the contract in the prescribed form. The contractor shall employ the following minimum technical staff during the execution of work. a). One Graduate Engineer when the cost of work to be executed is more than Rs. 5 Lacs. b). One diploma holder sub-engineer when the cost of work to be executed is Rs. 2 Lacs and more but less than Rs. 5 Lacs. c). The Technical staff should be available at site whenever required by the Engineer in charge to take instruction for compliance by the contractor firm. d). In case the contractor fails to employ the Technical Staff as aforesaid the department shall have the right to take suitable remedial measures at the cost of the contractor. e). The contractor should give the names and other details of the graduate Engineer / Diploma holder / sub-engineer whom he intends to employ or who is under employment on the work at the time he commences the work.