NTPC LTD. BIDDING DOCUMENT FOR

Transcription

1 R1 (NIT and INSTRUCTIONS TO BIDDERS) NTPC LTD. BIDDING DOCUMENT FOR Extension of existing workshop and construction of New Shed, Inspection Pits at NTPC MGR Workshop Yard, construction Of Foot Over Bridges in-plant and at Loading Yard and Other ancillary works for NTPC Kahalgaon STPP, VOLUME I SECTION 1 SECTION 2A SECTION 2B SECTION 3 SECTION 4 SECTION 5 NIT & INSTRUCTIONS TO BIDDERS GENERAL CONDITIONS OF CONTRACT SPECIAL CONDITIONS OF CONTRACT TECHNICAL SPECIFICATIONS DRAWINGS LETTER OF BID, QUALIFICATION AND OTHER INFORMATION PROFORMA TENDER NO. RITES/PO-LKO/NTPC/KSTPP /Doubling/Workshop & FOB -R1 RITES LTD. (A Govt. Of India Enterprise) 13-KM, Stone, NH-24 Lucknow-Sitapur Road, Lucknow

2 R1 (NIT and INSTRUCTIONS TO BIDDERS) SE CTION- 1 NOTICE INVITING TENDER AND INSTRUCTI ONS TO BI DD ERS

3 R1 (NIT and INSTRUCTIONS TO BIDDERS) RITES LIMITED (A Govt. of India Enterprise) PROJECT OFFICE 13KM stone, NH-24 Main Lucknow Sitapur road, Lucknow NOTICE INVITING TENDER Tender Notice No.: RITES/PO-LKO/NTPC/KSTPP/Doubling/Workshop & FOB -R1 dated Sealed open Tenders are invited for and on behalf of NTPC for Extension of existing workshop and construction of New Shed, Inspection Pits at NTPC MGR Workshop Yard, construction of Foot Over Bridges in-plant and at Loading Yard and other ancillary works for NTPC Kahalgaon STPP, Kahalgaon, Distt. Bhagalpur State Bihar Earnest Money: Rs.6,13,000.00, Completion Period: 10 months, Tender Available on sale from Submission of Tenders: up to 15:00hrs, cost of Tender Documents: Rs For details regarding eligibility requirements etc. the bidders may contact Sr.DGM (C) RITES Ltd., Lucknow at the above address & Telephone No , Fax No or may visit RITES website Group General Manager (Projects) For and on behalf of NTPC Ltd. Under redeemable power of attorney

4 R1 (NIT and INSTRUCTIONS TO BIDDERS) RITES LIMITED (A Govt. of India Enterprise) PROJECT OFFICE 13KM stone, NH-24 Main Lucknow Sitapur road, Lucknow NOTICE INVITING TENDER AND INSTRUCTIONS TO BIDDERS (Domestic Competitive Bidding) Tender Notice No. RITES/PO-LKO/NTPC/KSTPP/DOUBLING/Workshop &FOB- R1 dated GENERAL 1.1 Type of Tender Item Rate Tenders in two packet system are invited by RITES Ltd., a Public Sector Undertaking under the Ministry of Railways, acting for and on behalf of NTPC Ltd. as an Agent and redeemable Power of Attorney Holder. 1.2 Brief Scope of work (a) Supplying, fabrication, erecting and Painting of all steel work for extension of existing 25X55M Shed with Gantry Crane by 25X35M and construction of new shed of 15X90M with Gantry Crane including foundations, flooring, roof, side & gable end sheeting, glazing, Gutters, rain water pipes etc. all complete as per approved plans and requirements. (b) Construction of Foot Over Bridges - two numbers at chainage (- )0/163.5 & 0/338.5 in plant yard of NTPC KhSTPP, Kahalgaon, Bhagalpur and one number at chainage 26/ at Lalmatia Loading Yard Distt. Godda Jharkhand - Supplying, fabrication, erecting and Painting of all steel work including foundations, footings, RCC slabs etc. all complete as per approved plans and requirements.

5 R1 (NIT and INSTRUCTIONS TO BIDDERS) (c) Construction of 3 Nos. Inspection pits including modification and linking of track all complete as per approved plans and requirements. (d) Construction of Buildings for the workshop (e) Construction of new Electric Switch Room. (f) (g) (h) Dismantling of structures as per requirements. Miscellaneous ancillary works like construction of rooms, provision of openable doors, construction of walls, drains, manholes, gully chambers, flooring etc. and other misc. works incidental to completion of the work. All electrification work as required. 1.3 Tentative GA plans for extension of existing shed and new shed of Workshop, Switch Room, Foot-over-bridges are enclosed with the tender documents for better understanding of the work. However, all these drawings are subject to change. 2.0 PRE -QUALIFICATION CRITERIA TO BE SATISFIED The Qualification criteria to be satisfied are given below:- 2.1 Annual Financial Turnover Bidder should have achieved a minimum annual financial turnover of Rs 613 Lakh (Rs Six hundred thirteen lakh) in any one of the last 5 (five) financial years. Weightage of 5% (compounded annually) shall be given for equating the financial turnover of the previous years to the current year. The financial turnover will be taken as given under the head Income in audited Profit and Loss Account and excluding non-recurring income, income from other sources and stock. The bidder should submit self attested copy of Auditor s Report along with Balance sheet and Profit and Loss statement along with Schedules for the relevant financial year in which the minimum criterion is met. Provisional audit reports or certified statements shall not be accepted.

6 R1 (NIT and INSTRUCTIONS TO BIDDERS) Closing stocks in whatever manner should not form part of turnover. If the Audited Balance Sheet for the immediately preceding year is not available in case of tender opened before 30 th Sept., audited Balance Sheets, Profit and Loss statements and other financial statements of the five financial years immediately preceding the previous year may be submitted 2.2 Work Experience The bidder should have satisfactorily completed in his own name at least one work of similar nature of minimum value of Rs.307 Lakh or two works of minimum value of Rs 184 Lakh each during the last 05 (five) years prior to the date of submission of bid. Works completed prior to the cut off date shall not be considered NOTES: (i) A weightage of 5% compounded annually from the date of completion of the work to the submission of bid shall be given for equating the work of the previous years to the current year. (ii) Works of similar nature means the work involving Fabrication and Erection of Welded Steel Structures of Workshops, Sheds, Shelters, Trusses, steel bridge girder etc. (iii) Only such works shall be considered where physical completion of entire work is over or commissioning of work has been done, whichever is earlier. (iv) The bidder should submit the details of such works (which meet the Qualification criteria) as per the format at Proforma 5 enclosed. Only such works which meet the Qualifying criteria should be given in the Proforma and only those works shall be considered which have been listed in the Proforma by the bidder. In support of having completed these works, the bidder should submit self attested copies of the completion certificates from the owner / client indicating the name of work, the description of work done by the bidder, value of the contract executed by the bidder, date of start, date of completion (stipulated and actual) and value of the material supplied by the Client. Name, Designation, Office Address and Phone/Fax Nos. of certificate issuing authorities shall be clearly provided. (v) The value of work should be inclusive of the value of free supply items and escalation amount, if any.

7 R1 (NIT and INSTRUCTIONS TO BIDDERS) 2.3 Profitability. The bidder should be a profit (net) making firm and shall not have made losses in any of the last two financial years or any 03 out of last 05 financial years. 2.4 SOLVENCY CERTIFICATE A Solvency Certificate of minimum solvency of Rs 245 Lakh (Rupees Two hundred Forty five Lakh only) from an Indian Nationalized Bank or a Scheduled Bank issued not earlier than 06 months from the last date of submission of tender is required to be submitted by the bidder ( Format at Proforma-6, Enclosed at Section 5) 2.5 JOINT VENTURE 2.6 OTHERS. Joint Venture shall not be allowed Even though the bidders meet the above qualifying criteria, they are subject to be disqualified if they have. Made misleading or false representation in the forms, statements and attachments in proof of the qualification requirements. In case of false information / fake documents, bidder may be banned for all future business. Records of poor performance such as abandoning the work, not properly completing the contract, inordinate delays in completions, litigation history or financial failures etc. Their business banned by any Central/State Govt. Department/Public Sector Undertaking or Enterprises of Central/State Govt. Note:- The Earnest money is liable to be forfeited and future business banned with the bidder in case any statement/information/document furnished by the bidder is found to be incorrect or false. Note:- The Earnest money is liable to be forfeited and future business banned with the bidder in case any statement/information/document furnished by the bidder is found to be incorrect or false.

8 R1 (NIT and INSTRUCTIONS TO BIDDERS) 2.7 SUB CONTRACTORS Sub contractors experience and resources will not be taken into account in determining the bidder s compliance with the Qualifying Criterion. 3.0 Sale, Submission and Opening of Tender Documents 3.1 Cost of Tender Documents & availability on Sale, submission & opening of the Tender Documents etc. are given in table below: - Cost of Tender Document (Rs) Tender Available on Sale Date, Time and Place of Submission of Tender Date, Time & Place of Opening of Tender Rs 7,500/ (Rupees Seven thousand five hundred only) (Non Refundable) From up to 15:00hrs on Office of GGM (P) RITES Ltd. 13KM stone, NH-24 Lucknow Sitapur Road, Lucknow at 15:30hrs Office of GGM (P) RITES Ltd. 13KM stone, NH-24 Lucknow Sitapur Road, Lucknow The Bidder can purchase the Tender Documents from the office of GGM (P) / RITES LTD. 13 KM stone, NH-24, Lucknow-Sitapur Road, Lucknow from the above mentioned dates on submission of necessary tender cost mentioned above in the form of a Demand Draft in favour of RITES LTD. payable at Lucknow. The tender documents are not transferable. 3.3 Tender Documents requested by Mail will be dispatched by Courier /Speed Post/Registered Post on payment of an extra amount of Rs (Rupees one thousand only ).RITES/NTPC will not be held responsible for the delay,if any, in the delivery of the Documents or non- receipt of the same. 3.4 Interested bidders may see the tender documents at RITES website However, they will be required to submit the tender only on the Tender Documents purchased from RITES LTD. and not on the documents downloaded from the website. In case of any discrepancy between the documents downloaded by the prospective bidders and the Tender Documents (hard copy) issued by RITES LTD., the later shall prevail. 3.5 Deadline for submission of Bids is as per clause 14.0 of NIT & ITB

9 R1 (NIT and INSTRUCTIONS TO BIDDERS) 4.0 PREBID MEETING 4.1 The Bidder or his official representative is invited to attend a Pre-Bid Meeting which will take place at the office of AGM (Civil) NTPC KhSTPP, Kahalgaon, District Bhagalpur, Bihar on at 15 hours. 4.2 The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage. 4.3 The bidders are required to submit any question in writing to reach AGM (C)/ RITES LTD. Lucknow 13 KM stone, NH-24, Lucknow-Sitapur Road, Lucknow & ; Fax: not later than 03 (three) days before the meeting. 4.4 Minutes of the meeting including the text of the questions raised (without identifying the source of enquiry) and the responses given will be transmitted without delay to all purchasers of the Tender Documents. Any modification of the Tender Document which may become necessary as a result of the Pre Bid Meeting shall be made exclusively through the issue of an Addendum / Corrigendum pursuant to Para 6.0 of NIT & ITB and not through the Minutes of the Pre Bid Meeting. 4.5 Non attendance at the Pre Bid Meeting will not be a cause for disqualification of a Bidder. 5.0 CONTENT OF BIDDING DOCUMENTS 5.1 Two sets of Bid Documents shall be issued to bidder marked as ORIGINAL & BIDDER'S COPY 5.2 Each set of Bid Document comprises the document listed in the table below: Section: 1 Notice Inviting Tender &Instructions to Bidders ( NIT &ITB) Volume-I Section: 2 Section: 2A Section: 2B Section: 3 Section: 4 Section: 5 Conditions of Contract General Conditions of Contract Special Conditions of Contract Technical Specifications Drawings Tender Form (Letter of bid), Bidder s information sheet, Qualification and other information Proforma 1 to 8.

10 R1 (NIT and INSTRUCTIONS TO BIDDERS) Volume II -- Schedule of Works & Rates 6.0 AMENDMENT OF TENDER DOCUMENT 6.1 Before the deadline for submission of Tenders, the Tender Document may be modified by issue of Addenda / Corrigendum. 6.2 Any Addendum / Corrigendum issued shall be part of the Tender Documents and shall be communicated in writing to all the purchasers of the Tender Documents. The Prospective Bidders shall acknowledge receipt of each Addendum / Corrigendum in writing. 6.3 To give Prospective Bidders reasonable time in which to take the Addenda/ Corrigenda into account in preparing their tenders, extension of the deadline for submission of Tenders may be given as necessary 7.0 BID VALIDITY 7.1 Bids shall remain valid and open for acceptance for a period of not less than 120 days after the deadline for bid submission specified in relevant Clauses of NIT & ITB. 7.2 In exceptional circumstances, prior to expiry of the original validity period, RITES/NTPC may request the bidder to extend the period of validity for a specified additional period. The request and the bidder s responses shall be made in writing or by fax. A bidder agreeing to the request will not be required or permitted to modify his bid, except that he will be required to extend the validity of his Earnest Money correspondingly. The provisions of clauses regarding discharge and forfeiture of Earnest Money and other NIT &ITB clauses shall continue to apply during extended period of Bid Validity.

11 R1 (NIT and INSTRUCTIONS TO BIDDERS) 8.0 EARNEST MONEY 8.1 The Tender should be accompanied by Earnest Money of Rs.6,13, (Rupees Six lakh thirteen thousand only). This Earnest Money shall be in favour of RITES Ltd, Lucknow & in the form of Bank Draft or Pay Order payable to RITES Ltd. drawn on any Indian Nationalized Bank/Scheduled Bank in favour of RITES Ltd. payable at Lucknow. 8.2 Earnest Money will not be accepted in any form other than mentioned above. Bids not accompanied by an acceptable Earnest Money shall be rejected as non-responsive. 8.3 The Earnest Money of the bidders whose technical bid is found not acceptable will be returned as soon as scrutiny of technical bid has been completed by RITES/NTPC 8.4 After Evaluation of the Financial Bid the Earnest Money of unsuccessful bidder will be returned within 30 days of the end of bid validity period. The Earnest Money of the successful bidder will be released after furnishing of Performance Security and signing of the agreement within the required time.

12 R1 (NIT and INSTRUCTIONS TO BIDDERS) 8.5 The Earnest Money is liable to be forfeited a) if after bid opening during the period of bid validity, or issue of Letter of Acceptance whichever is earlier,any bidder i) withdraws his Tender or ii) Makes any modifications in the terms and conditions of the tender, which are not acceptable to RITES/NTPC. b) In case any statement/information/document furnished by the bidder is found to be incorrect or false. c) In the case of a successful bidder,if the bidder i) Fails to furnish the Performance Guarantee within the period specified under Clause 32.1 of NIT & ITB iii) Fails to commence the work within 15 days after the issue of Letter of Award or from the date of handing over of the site, whichever is later. In case of forfeiture of E.M. as prescribed here in above, the bidder shall not be allowed to participate in the retendering process of the work 9.0 SIGNING OF BID 9.1 All the pages of the bid documents, addenda/corrigenda should be stamped and signed by the authorized representative of the bidder. All the documents & certificates submitted with bid shall be self attested, signed & stamped by the authorized signatory of the bid. 9.2 Authority to Sign If the Applicant is an individual, he should sign above his full type written name and current address If the Applicant is a proprietary firm, the Proprietor should sign above his full type written name and the full name of his firm with its current address

13 R1 (NIT and INSTRUCTIONS TO BIDDERS) If the Applicant is a firm in partnership, the Documents should be signed by all the Partners of the firm above their full type written names and current addresses. Alternatively the Documents should be signed by a Partner holding Power of Attorney for the firm in the Format of Proforma 3 and in this case a certified copy of the Power of Attorney should accompany the Documents. In both cases a certified copy of the Partnership Deed and current address of all the partners of the firms should be furnished If the Applicant is a limited Company, or a Corporation, the 10.0 FORMAT OF BID Documents shall be signed by a duly authorized person holding Power of Attorney in the Format of Proforma 3 for signing the Documents. A copy of Power of Attorney should accompany the bid along with necessary Board Resolution authorizing the signatory to issue the Power of Attorney. The Applicant should also furnish a copy of the Memorandum of Articles of Association duly attested by a Notary Public Two copies of bid documents shall be issued to the bidder marked as ORIGINAL and BIDDER'S COPY. The bidder should submit the bid documents marked as ORIGINAL and the bid marked as BIDDERS COPY shall be for the reference of the bidder and should be retained by the bidder The original bid document shall be written in indelible ink and each page of the bid document shall be signed by a person or persons duly authorized to sign on behalf of the bidder. The person or persons signing the bid shall initial all pages of the bid where entries or amendments have been made The bid shall contain no alterations or additions, except those to comply with instructions issued by RITES/NTPC, or as necessary to correct errors made by the bidder, in that case the person or persons signing the bid shall initial such corrections.

14 R1 (NIT and INSTRUCTIONS TO BIDDERS) 10.4 All witnesses and sureties shall be persons of status and their full names, occupation and addresses shall be provided below their signatures. All signatures shall be dated ITEMS TO BE KEPT IN MIND WHILE FURNISHING DETAILS While filling in Qualification Information Documents and the Financial Bid, the following should be kept in mind: 11.1 Details should be typed or written in indelible ink All corrections shall be initialed by the person or persons signing the Document There shall be no additions or alterations except those to comply with the instructions issued by the NTPC/RITES or as necessary to correct errors, if any, made by the Bidders Conditional Offer will be rejected. Unconditional rebate in the Financial offer will however be accepted DOCUMENTS COMPRISING THE BID: 12.1 The bid submitted by the bidder shall comprise the following: (a) Earnest money deposit (b) Tender Form duly filled in (Letter of bid) as per Proforma 1 enclosed in Section 5 (c) Information on bidder as per Proforma 2 enclosed in Section 5 (d) (e) Information on Financial Status and experience of works (as per Proforma 4 to 6 enclosed in Section 5). Only such works which meet the Qualifying criteria should be given in the Proforma and only those works shall be considered which have been listed in the Proforma by the bidder. Affidavit on past performance and correctness of information (as per Proforma 7 enclosed in Section 5)

15 R1 (NIT and INSTRUCTIONS TO BIDDERS) (f) Documents in support of pre-qualification criteria as mentioned under clause 2 of NIT & ITB are detailed below: (i) (ii) The Bidder should submit self attested copies of auditor s report along with audited balance sheets and profit and loss statement along with Schedules for the last five financial years. For pre-qualification condition of work experience the bidder is required to submit self attested copies of completion certificates and Letter of Award along with his tender from the officer in charge of the concerned department not below the rank of Executive Engineer in support of execution of the works mentioned therein. Completion certificates issued by Private firms / concerns shall be accompanied by TDS certificates issued for the works. Name, Designation, Office Address and Phone/Fax Nos. of certificate issuing authorities shall be clearly provided. (g) (h) (i) The bid documents containing Volume-I & II marked ORIGINAL duly signed and stamped on each page. Any other material required to be completed and submitted by bidders in accordance with these instructions and the bid documents shall be filled in without exception. Constitution of the bidder: Whether proprietary, partnership, Pvt. Ltd. or Limited company. The bidder shall submit a legally in order proprietorship affidavit, partnership deed or Memorandum & Articles of Association as the case may be. (j) The bidder shall enclose with its bid authenticated Power of Attorney/Board Resolution in favour of the person authorized to submit the bid on behalf of the bidder. Only such authorized person should sign all the documents/ communications/ modification, if any. (as per Proforma 3 enclosed in Section 5)

16 R1 (NIT and INSTRUCTIONS TO BIDDERS) 13.0 SEALING AND MARKING OF BIDS 13.1 The bidder shall seal the bid to be submitted in separate Packets as under: (i) Packet-I : (ii) Packet II : Packet-I marked as Pre-qualification Bid shall contain Earnest Money Deposit along with documents in support of pre-qualification criteria as detailed in Para-2.0 and other relevant documents to be submitted by the bidder. This packet shall also contain the Vol.-I of Bid Document duly signed & stamped on each page. Packet-II marked as PRICE BID shall contain the volume-ii of Bid Document i.e. Schedule of Works & Rates duly filled in No condition, Technical Specification etc. is to be quoted in price bid part Both of these packets i.e. Packet-I & Packet-II shall be placed and sealed in an outer bigger envelope making the bid a single packet. Each packet should be marked as given below: (a) Name of work: Extension of existing workshop and construction of New Shed, Inspection Pits at NTPC MGR Workshop Yard, construction of Foot Over Bridges in-plant and at Loading Yard and other ancillary works for NTPC Kahalgaon STPP. (b) Last date and time of submission (c) Date and Time of opening of pre-qualification Bid: (d) Bidders Name & Address 13.4 If the outer and the inner packets are not sealed and marked as above, RITES/NTPC will assume no responsibility for the misplacement or premature opening of the bid.

17 R1 (NIT and INSTRUCTIONS TO BIDDERS) 14.0 DEADLINE FOR SUBMISSION OF THE BIDS 14.1 Bids must be received by RITES at the following address not later than stipulated date and time as mentioned in the tender notice/corrigendum for submission of bids. In the event of the specified date for the submission of bids being declared a holiday, for RITES Ltd., for any reason, the bids will be received up to the appointed time on the next working day. Address for submission of bid: Office of GGM (P)RITES Ltd.13KM stone, NH-24 Lucknow Sitapur Road, Lucknow RITES/ NTPC may extend the deadline for submission of bids by issuing an amendment in accordance with Clause 6.0 of NIT &ITB, in which case all rights and obligations of RITES and the bidders previously subject to the original deadline will then be subject to the new deadline The bid should be invariably submitted by the bidder through authorized person. Bids submitted through Post/Courier shall be rejected Late Tender / Delayed Tender Bid received by RITES after the deadline prescribed in the tender notice/corrigendum will be returned unopened to the bidder QUOTING OF RATES 16.1 The bidder shall fill rates & cost of all items of works described in the Schedule of Works & Rates both in figure and words The bidder shall include all taxes including Service Tax, Duties & Octroi in his quoted rates. Tax on work contract, as applicable shall be deducted from the Contractor s Bill. No reimbursement of tax or increase thereof shall be made by RITES/NTPC in this regard. No leads, lifts, loading, unloading, handling, re-handling, stacking at site, toll tax, octroi, sales tax and royalty or any other charges levied or leviable by the State Government / Central Government or by Local bodies will be paid by NTPC/RITES.

18 R1 (NIT and INSTRUCTIONS TO BIDDERS) 17.0 LANGUAGE OF THE BID All documents relating to the bid shall be in the English language MODIFICATION AND WITHDRAWAL OF BIDS BEFORE DEADLINE OF SUBMISSION Bidder may modify or withdraw his bid by giving notice in writing before the deadline for submission prescribed in tender notice/corrigendum Each bidder s modification or withdrawal notice shall be prepared, sealed, marked and delivered in accordance with Clause-13 of NIT & ITB No bid shall be modified or withdrawn after the deadline for submission of bids Withdrawal or modification of a bid between the deadline for submission of bids and the expiry of the original period of bid validity shall result in the non-consideration of bid and forfeiture of earnest money.

19 R1 (NIT and INSTRUCTIONS TO BIDDERS) 19.0 BID OPENING: 19.1 RITES/ NTPC will open the Pre-qualification bids on the same day of receipt, including modifications made pursuant to Clause-18.0 of NIT & ITB, in the presence of the bidders or their representatives who choose to attend at the place specified below. In the event of the specified date of Bid opening being declared as holiday for RITES, the bids will be opened at the appointed time and location on the next working day. Address for opening of technical bid/pre qualification bid: Office of Group General Manager (Projects) RITES Ltd 13 Km. Stone, NH-24, Lucknow Sitapur Road Lucknow Bids for which an accepted notice of withdrawal has been received pursuant to Clause 18.0 of NIT & ITB shall not be opened The envelope marked as original shall be opened in the presence of bidders who choose to be present. The Packet-I shall be opened first and any deferred conditions/deviations if mentioned by bidder shall be read out after which the same shall be technically evaluated The Packet-II (Price Bid) of only those bidders who fulfill the prequalification criteria as mentioned in NIT & ITB will be opened at a later date which shall be informed to all qualified bidders in writing CLARIFICATION OF BIDS To assist the examination, evaluation and comparison of bids, RITES/NTPC may, at its discretion, ask any bidder for clarification of their bid. The request for clarification and the response shall be in writing or by cable or fax but no change in the price or substance of the bid shall be sought, offered, or permitted.

20 R1 (NIT and INSTRUCTIONS TO BIDDERS) 21.0 SITE The site is situated at the existing NTPC MGR Workshop Yard at Kahalgaon, Distt. Bhagalpur, State: Bihar and at Loading Yard of NTPC / Kahalgaon at Lalmatia Distt. Godda (Jharkhand) INSPECTOIN OF SITE BY THE BIDDERS Bidders are advised to inspect and examine the site and its surroundings and satisfy themselves before submitting their tenders, as to the nature of the ground and sub-soil (so far as is practicable), the form and nature of the site, the means of access to the site, the accommodation they may require and in general shall themselves obtain all necessary information as to risks, contingencies and other circumstances which may influence or affect their tender. A bidder shall be deemed to have full knowledge of the site whether he inspects it or not and no extra charges consequent on any misunderstanding or otherwise shall be allowed. The bidder shall be responsible for arranging and maintaining at his own cost all materials, tools & plants, water, electricity, access, facilities for workers and all other services required for executing the work unless otherwise specifically provided for in the contract documents. Submission of a tender by a bidder implies that he has read this notice and all other contract documents and has made himself aware of the scope and specifications of the work to be done and of conditions and rates at which stores, tools and plant etc. will be issued to him by the NTPC and local conditions and other factors having a bearing on the execution of the work NTPC/RITES RIGHT ON ACCEPTANCE OF ANY TENDER The competent authority on behalf of the NTPC/RITES does not bind himself to accept the lowest or any other tender and reserves to himself the authority to reject any or all the tenders received without the assignment of any reason. All tenders in which any of the prescribed conditions is not fulfilled or any condition including that of conditional rebate is put forth by the bidder shall be summarily rejected.

21 R1 (NIT and INSTRUCTIONS TO BIDDERS) 24.0 CANVASSING PROHIBITED Canvassing whether directly or indirectly, in connection with tenders is strictly prohibited and the tenders submitted by the Contractors who resort to canvassing will be liable to rejection NTPC/RITES RIGHT TO ACCEPT WHOLE OR PART OF THE TENDER The competent authority on behalf of the NTPC/RITES reserves to himself the right of accepting the whole or any part of the tender and the bidder shall be bound to perform the same at the rate quoted MISCELLANEOUS PROVISIONS 26.1 The Tenderer shall not be permitted to tender for works if his near relative is posted as Associated Finance Officer between the grades of AGM/F and JM/F in RITES/NTPC or as an officer in any capacity between the grades of GM and Engineer (both inclusive) in the organization of the NTPC/RITES. He shall intimate the names of persons who are working with him in any capacity or are subsequently employed by him and who are near relatives to any gazetted officer in the organization of the NTPC/RITES. Any breach of this condition by the Contractor would render his Tender to be rejected No Engineer of gazetted rank or other Gazetted Officer employed in Engineering or Administrative duties in an Engineering Department of the Organization of the NTPC/RITES is allowed to work as a contractor for a period of two years after his retirement from the NTPC/RITES service without the previous permission of the NTPC/RITES in writing. This contract is liable to be cancelled if either the Contractor or any of his employees is found any time to be such a person who had not obtained the permission of the NTPC/RITES as aforesaid before submission of the tender or engagement in the Contractor s service.

22 R1 (NIT and INSTRUCTIONS TO BIDDERS) 27.0 EXAMINATION OF BIDS AND DETERMINATION OF RESPONSIVENESS: 27.1 Prior to the detailed evaluation of bids, RITES/ NTPC will determine whether each bid(s). (a) (b) (c) (d) is accompanied by required Earnest Money Deposit, Meets the eligibility criteria defined under relevant clauses of NIT &ITB. has been properly signed and is substantially responsive to the requirement of bidding documents A substantially responsive bid is one, which conforms to all the terms, conditions and specifications of the bidding documents, without material deviation or reservation. A material deviation or reservation is one (a) which affects in any substantial way the scope, quality, or performance of the work (b) which limits in any substantial way, inconsistent with the bidding documents, RITES s/ NTPC s right or the bidder s obligations under the contract or (c) whose rectification would affect unfairly the competitive position of other bidders presenting substantially responsive bids If a bid is not substantially responsive, it will be rejected by RITES/ NTPC, and may not subsequently be made responsive by correction 28.0 RATE ANALYSIS or withdrawal of the non-conforming deviation or reservation. RITES/NTPC may require the bidder to produce detailed rate analysis for any or all items of the Schedule of Works & Rates CORRECTION OF ERRORS 29.1 Price bids of qualified bidders will be checked by RITES/NTPC for any arithmetical errors. Errors will be corrected by RITES/NTPC as follows: (a) Where there is a discrepancy between the rates in figures and in words, the rate in words will govern; and

23 R1 (NIT and INSTRUCTIONS TO BIDDERS) (b) Where there is a discrepancy between the unit rate and the item total amount resulting from multiplying the unit rate by the quantity, the unit rate as quoted will govern. (c) If there is an arithmetical error in totaling of individual items, the correct total shall be computed by RITES/NTPC and the same shall govern The amount stated in the Bid will be adjusted by RITES/NTPC in accordance with the above procedure for the correction of errors and shall be binding upon the bidder If the bidder does not accept the corrected Bid price, the Bid will be rejected, and the Earnest Money may be forfeited EVALUATION AND COMPARISON OF BIDS 30.1 RITES/NTPC will evaluate and compare only the bids determined to be substantially responsive in accordance with relevant clause of NIT & ITB In evaluating the bids, RITES/NTPC will determine for each bid the Evaluated Bid Price by adjusting the Bid Price as follows: (a) (b) Making any correction for errors pursuant to Clause-29.0 of NIT & ITB; or Making appropriate adjustments to reflect discounts DECIDING AWARD OF CONTRACT 31.1 The process of decision and award of the contract shall be as under: (a) Bidders who qualify as aforesaid shall furnish detailed cost breakup/rate analysis and any other clarification to the proposals submitted by him as may be requested by the RITES/NTPC to evaluate the reasonableness of the bid.

24 R1 (NIT and INSTRUCTIONS TO BIDDERS) (b) The bidder with the lowest Evaluated Bid Value, determined as above, may be invited for further negotiations/clarifications as may be necessary. If the negotiations/clarifications with the firm are successful, the award will be made to that bidder at his negotiated Bid Price (and not at the Evaluated Bid Price) or at any price lower than the Bid Price pursuant to the negotiations/clarifications. (c ) RITES/NTPC reserves the right to reject any or all offers received from the bidders without assigning any reasons thereof SECURITIES 31.2 If the bid of the successful bidder is front loaded and/or seriously unbalanced in relation to the estimate prepared by RITES/NTPC for the cost of work to be performed under the contract, the RITES/NTPC may require the bidder to produce detailed price analysis for any or all concerned items, to demonstrate the internal consistency of these prices with the construction method and schedule proposed. In the event of acceptance of such a bid, the successful bidder shall be required to deposit Additional Performance security for an amount to be decided by RITES Ltd in the same form as normal Performance Guarantee within the same time limit and validity PERFORMANCE SECURITY (A) Within 15 days of issue of the Letter of Acceptance (LOA), the successful bidder shall furnish to RITES Performance Security for an amount of 5% (five percent) of the contract price in any one of the following forms: (a) Bank Draft or Pay Order drawn on any Indian Nationalized Bank/Scheduled Bank in favour of RITES Ltd payable at Lucknow. Or (b) A Bank Guarantee issued by an Indian Nationalized Bank/Scheduled Bank located in India as specified in the format of Bank Guarantee enclosed as Proforma-8 in Section 5.

25 R1 (NIT and INSTRUCTIONS TO BIDDERS) (B) The Performance Security will be valid until two months after the completion period. Performance Security can be forfeited in order to realize liquidated damages, Cost of balance work if got done at risk & cost of contractor and any other expenditure or loss incurred to NTPC/RITES due to Contractor. Performance Security will be returned on due performance & certified completion of the work. ( C) The successful bidder is also to deposit Additional Performance Guarantees in case of unbalanced bids, if so decided by the tender accepting authority as explained in clause 31.2 above. This will also be in the same form as normal Performance guarantee and deposited within the same time limit with the same validity. (D) The claim period shall be six months from the date of expiry or the extended date of expiry of the bank guarantee as per para 9 of format. Note: Bank Guarantee issued by Bank of India would not be acceptable to RITES Ltd Retention Money: (A) (B) In addition to performance security, retention money will be 10% of the gross amount of each running account payment till the total amount so deducted reaches a value of 5% of contract price. Retention money can be forfeited in order to realize liquidated damages, Cost of balance work if got done at risk & cost of contractor and any other expenditure or loss incurred to NTPC/ RITES due to Contractor. Alternatively, the contractor may also deposit Fixed Deposit Receipts for retention money amounting to 5% of contract price. The Fixed Deposit Receipts shall be tendered by the State Bank of India or by Indian Scheduled banks. The Fixed deposit receipts should be in the name of RITES Ltd., Lucknow and it shall cover the stipulated period including extended period, if the contract period is extended, plus the defect liability period mentioned in the contract.

26 R1 (NIT and INSTRUCTIONS TO BIDDERS) In case a fixed deposit receipt of any bank is furnished by the contractor to the RITES Ltd. as part of the retention money and the bank is unable to make payment against the said fixed deposit receipt, the loss caused thereby shall fall on the contractor who shall forthwith on demand furnish additional security to the RITES to make good the deficit. (C) Refund of Retention Money: - One half of the Retention Money shall be refunded to the Contractor on the completion of work as certified by Engineer-in-Charge and balance half of the Retention money shall be refunded on expiry of the Defects Liability Period i.e. 12 months from the date of completion provided the Engineer-in- Charge is satisfied that there is no demand outstanding against the Contractor No interest shall be payable to the contractor against the Security Deposit furnished/recovered from the contractor, by RITES/ NTPC SIGNING OF CONTRACT AGREEMENT 33.1 The successful Bidder, on acceptance of his Tender by the Competent Authority, will be issued a Letter of Acceptance, directing the Contractor to furnish the Performance Guarantee and the Additional Performance Guarantee (if any in case of unbalanced bids) within 15 days of issue of Letter of Acceptance and in very special circumstances on the request of the Bidder within a further extended period of 7 days. If Performance and Additional Performance Security (if applicable) are not furnished within the above time limit, the RITES/ NTPC will be at liberty to forfeit the Earnest Money of the Bidder absolutely As soon as the Performance Security and Additional Performance Security have been furnished, RITES/NTPC will issue a Letter of Award. The Letter of Award will be sent to the Contractor in two copies one of which he should return promptly, duly signed in token of the acknowledgement of Receipt of the Letter of Acceptance from the RITES/NTPC. The Letter of Award will be a binding Contract between the RITES/NTPC and the Contractor till the formal Agreement is executed.

27 R1 (NIT and INSTRUCTIONS TO BIDDERS) 33.3 Each page of the Contract Agreement should be signed by the Engineer in Charge and the contractors authorized signatory. If there are any corrections, cuttings, omissions, overwriting, insertions etc (after issue of Tender Document) their number should be clearly mentioned on each page of the Contract Document before signing During the course of execution of work, if any need arises for issue of amendment to the Contract Agreement, the same shall be executed by the parties to the contract No payment for Works executed shall be made to the Contractor till the Contract Agreement is signed Date of Commencement Subsequent to furnishing of Performance Security as per Clause-32.1 of NIT & ITB, Letter of Award shall be issued to successful bidder and date of commencement of work shall be reckoned w.e.f. date of issue of Letter of Award Completion Period The intended completion period for whole of the work shall be 10 (ten) months from the date of commencement Defects Liability Period 12 (twelve) months after the certified date of completion.

28 (AMENDMENTS/ERRATA IN GCC) SECTION 2A GENERAL CONDITIONS OF CONTRACT INCLUDING AMENDMENTS/ ERRATA - 1 -

29 (AMENDMENTS/ERRATA IN GCC) SECTION 2A AMENDMENTS/ERRATA IN GENERAL CONDITIONS OF CONTRACT S. No. Clause No. of GCC Line of Reference Fill/Add/Delete 1. All Clauses in GCC Replace the word "National Thermal Power Corporation Ltd." or "NTPC" or "Corporation" by "NTPC/RITES". 2. 3a Delete the entire Clause. Replace by: "Owner" or "NTPC" or "Client" shall mean the "National Thermal Power Corporation Ltd., New Delhi, India (A Government of India Enterprises) and shall include their legal representative, successor and permitted assigns". "RITES Ltd." (RITES) has been engaged as "Construction Agency" for project management by the owner (NTPC). RITES, shall, therefore be signing the contract and working on the project, for and on behalf of its Principal (NTPC) who is the owner & employer of the Project to be constructed, under a redeemable Power of Attorney. The Contract signed by RITES Ltd. is to be treated as the Contract signed on behalf of NTPC. 3. 3c Delete the entire clause. Replace by: "Contract" shall mean the Contract Agreement entered into between RITES Ltd. for & on behalf of NTPC and the Contractor, together with the Contract Documents referred to therein, that shall constitute the contract and the term Contract shall in all such documents be construed accordingly. 4. 3g Delete the entire Clause. Replace by: "Engineer-in-Charge" or "EIC" shall mean the Officer appointed in writing by RITES to act as Coordinator from time to time on behalf of NTPC in all matters pertaining to this Contract. RITES shall authorize "Engineer-in-Charge for direction, supervision, inspection, security and approval of some or all of the services rendered by the Contractor under this Contract

30 (AMENDMENTS/ERRATA IN GCC) S. No. Clause No. of GCC Line of Reference Fill/Add/Delete 5. 3k Delete the entire Clause. Replace by: "The Project" or "Site" or Kahalgaon Super Thermal Power Project- Stage-II or Kahalgaon STPP shall mean and include the Land inside Plant near NTPC MGR at Kahalgaon, Distt. Bhagalpur, Bihar. And at chainage 26/ Loading Yard of NTPC KhSTPP Lalmatia Jharkhand It shall also include any adjacent land, path street, river or a reservoir, which may be allocated or used by the RITES or Contractor in performance of the Contract. Works are to be got executed by RITES through Contractor on behalf of NTPC as specified in the Scope of Work. 6. 3n Delete the entire Clause. Replace by: 7. 3p Add New Clause: "A Week shall mean continuous period of seven (7) days". "Specification" shall mean the terms and conditions of contract and detail project report or mean a part of bid documents and contract such other schedules and drawings as may be mutually agreed upon. 8. 3q Add New Clause "Indian Rupees" or the sign "Rs." shall mean the currency of the Government of India. 9. 3r Add New Clause: "The Government" shall mean the "Government of India" or "Government of State of Bihar or an authorized representative/agency/department of the Government of India or an authorized representative/agency/department of the Government of State of Bihar s Add New Clause: 11. 3t Add New Clause: 12. 3u Add New Clause: "Month" shall mean calendar month, "day" or "days" unless herein otherwise expressly defined shall mean calendar day or day of 24 hours each The "Title" or "Heading" shall not alter or affect the intent or scope of the clause or articles of the documents. Word pertaining "Person" shall include firms, companies, corporations and association or bodies of individuals, whether incorporated or not

31 (AMENDMENTS/ERRATA IN GCC) S. No. Clause No. of GCC Line of Reference Fill/Add/Delete 13. 3v Add new Clause: "Consultant to NTPC-NTPC have appointed M/s. Vogue Construction And Consultancy Services Ltd, 601, Hemkunt House 6, Rajendra Place, New Delhi, as the Engineering Consultant for doing the Design and Engineering, preparing technical specifications and drawings for the work of Construction of Railway Siding & MGR System and it's associated Sub-Systems. The Contractor in accordance with the design, technical specifications and drawings prepared by VCC shall execute all the works w Add new Clause: Delete the entire clause. BOQ or SOQ or SOR shall be read as "Schedule of Works and Rates." Refer, Clause 10.0 of SCC b Delete the Entire Clause Delete the entire existing Clause and Add the SAFETY PROVISIONS Clause as SAFETY PROVISIONS: (i) A Contractor employing more than 250 workmen whether temporary, casual, probationer, regular or permanent or on contract, shall employ at least one full time officer exclusively as safety officer to supervise safety aspects of the equipment and workmen, who will co-ordinate with project safety officer. In case of work being carried out through agency's employees/ workmen will also be considered as the Contractor's employees/ workmen for the above purpose. The name and address of such safety officer of Contractor will be promptly informed, in writing to Engineer-In-Charge with a copy to safety officer-in-charge of NTPC/ RITES before he starts work or immediately after any change of incumbent is made during currency of the contract

32 (AMENDMENTS/ERRATA IN GCC) S. No. Clause No. of GCC Line of Reference Fill/Add/Delete (ii) In case any accident occurs during the construction/ erection or other associated activities undertaken by the Contractor thereby causing any minor or major or fatal injury to his employee due to any reason, whatsoever, it shall be the responsibility of the Contractor to promptly inform the same to NTPC/ RITES Engineer-In-Charge and also to all the authorities envisaged under the applicable laws. (iii) The Engineer-In-Charge shall have the right at his sole discretion to stop the work, if in his opinion the work is being carried out in such a way that it may cause accidents and endanger the safety of the persons and/ or property and/ or equipment. In such cases, the Contractor shall be informed in writing about the nature of hazards and possible injury/ accident and he shall comply to remove shortcomings promptly. The Contractor after stopping the specific work can, if felt necessary, appeal against the order of stoppage of work to the Engineer-In- Charge within 3 days of such stoppage of work and the decision of Engineer-In-Charge in this respect shall be conclusive and binding on the Contractor. (iv) The Contractor shall not be entitled for any damages/ compensation for stoppage of work due to safety reasons as provided in para (iii) above and the period of such stoppage of work will not be taken as an extension of time for completion of work and will not be the ground for waiver of levy of liquidated damages. (v) The Contractor shall follow and comply with all NTPC and RITES safety rules, relevant provision of applicable law pertaining to the safety of workmen, employees, plant and equipment as may be prescribed from time to time without any demur, protest or contest or reservation. In case of any nonconformity between statutory requirement and NTPC and RITES safety rules referred to above, the latter shall be binding on the Contractor unless the statutory provisions are stringent

33 (AMENDMENTS/ERRATA IN GCC) S. No. Clause No. of GCC Line of Reference Fill/Add/Delete (vi) If the Contractor fails in providing safe working environment as per NTPC and RITES Safety rules or continues the work even after being instructed to stop work by the Engineer-In-Charge as provided in para (iii) above, the Contractor shall promptly pay to NTPC/ RITES, on demand by the owner, Rs. 5000/- per day or part thereof till the instruction are complied with and so certified by the Engineer-In-Charge. However, in case of accident taking place causing injury, to any individual, the provisions contained in pare (vii) below shall also apply in addition to compensation mentioned in this para. (vii) If the Contractor does not take all safety precautions and/ or fails to comply with the safety rules as prescribed by NTPC and RITES or under the applicable law for the safety of equipment and plant and for the safety of personnel and the Contractor does not prevent hazardous conditions which cause injury to his own employees or employees of other Sub- Contractor, or NTPC/ RITES employees or any other person who are at site or adjacent thereto, the Contractor shall be responsible for compensation to NTPC/ RITES as per the following schedule. (a) Fatal injury or accident causing death: Compensation 2 two Percent (2%) of contract value or Rs. 100,000/- (Rupees one lakh only) whichever is less, per person. (b) Major injury or accident causing 25% or more permanent disablement to workmen or employees: one half of one percent (1/2%) of contract value or Rs. 20,000/- (Rupees twenty thousand only) whichever is less, per person. Note: These compensations are applicable for death/ injury to any person whatsoever. (viii) Permanent disablement shall have the same meaning as indicated in Workmen Penalty Act. The compensation mentioned above shall be in addition to the compensation payable to the workmen/ employees under the relevant provisions of workmen's compensation act and rules framed there under or any other applicable laws as applicable from time to time. In case the owner is made to pay such compensation then contractor is liable to reimburse the owner such amount in addition to the penalty/ compensation indicated above