name circular.pdf · MAN 224 A Page 1

MAN 224 A

OFFICE MEMORANDUM

No.DGW/MAN/224A

ISSUED BY AUTHORITY OF DIRECTOR GENERAL OF WORKS

NIRMAN BHAVAN,NEW DELHI DATED: 26.08.2010

Sub: Introducing new Section 20A in CPWD Works Manual 2010 named as

e-Tendering- Withdrawal of OM No. 224 Dt. 30.07.2010 and replacing the same with OM No. 224A Dt. 26.08.2010

Necessary guidelines for e-tendering in CPWD were issued vide OM No. 224 dated 30.7.2010. After receipt of feedback from various field units and the difficulties faced in inviting e-tenders following clarifications are issued :-

FAQ Clarification Whether tender document can be downloaded freely without uploading proof of payment of fee to ITI and cost of tender document?

Tender document as uploaded by the department can be viewed and downloaded free of cost by anyone including intending bidder

Whether the bid submitted by the contractor can be revised after submission?

After submission of the bid the contractor can re-submit revised bid any number of times but before last time and date of submission of tender as notified.

Whether contractor can modify the rate of one or more item after submission of bid or he has to modify/revise the rate of each and every item of the tender while submitting revised bid?

White submitting the revised bid, contractor can revise rate of one or more item(s) any number of times (he need not re-enter rate of all the items) but before last time and date of submission of tender as notified.

Who is responsible for uploading the tender document on ITI website?

Uploading of tender document on the ITI website is to be done by the Executive Engineer only. Under no circumstances document is to be got uploaded through ITI. In case of any difficulty faced by him he can seek clarification and take help from ITI. It shall be the responsibility of Executive Engineer alone to upload the tender document.

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Is it mandatory to send the soft copy of the tender document to respective regional mail ID of ITI as mentioned under Para 20A.2(9)?

The copy of the tender document uploaded on the website shall also be sent to ITI separately to respective regional mail ID as mentioned under Para20A.2(9).

Which class of digital signature the intending bidder must have?

The intending bidder must have Class III digital signature to submit the bid. Annexure 20A.5.1 & 20A.5.2 have been modified accordingly

What system to be followed when tender are to be invited under three stage system?

Following steps are to be followed: (i) Entire tender document related to

Eligibility Criteria, Technical bid and Financial bid are to be uploaded.

(ii) Stage-I: documents uploaded by the contractors related with Eligibility Criterias are opened first and name of eligible contractors are approved by competent authority.

(iii) Stage-II: Stage II deals with technical bid which requires pre bid conference. NIT approving authority may decide whether pre bid conference with qualified contractors is to be held before opening of technical bid or to be held after opening of technical bid. This should be clearly indicated in the NIT.

Accordingly Qualified contractors are called for conference and specifications are finalized and new tender document is prepared on the basis of decisions taken.

(iv) The new document is to be uploaded on ITI website to invite revised financial bids. At the time to Create Tender there is option box as open tender where Yes or No is to be filled.

Fill the box as NO. (v) In next step while submitting Tender

Detail there is option box as Is Limited where YES will appear automatically.

(vi) Since the contractors have already paid EMD, Cost of tender document and processing fee of ITI, cost against each option box to be indicated as "0".

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(vii) In next step select and Submit name of the qualified contractors/Vendors from already available names of all the Contractors/Vendors those have participated in technical bid.

(viii) Inform all the qualified contractors about last time and date of submission of revised financial bid through e- mail. In addition to this, they may also be informed through SMS.

(ix) Submission of revised financial bid is mandatory since the financial bid submitted earlier has already become invalid.

(x) Stage-III: Revised financial bids may be opened on due date and time.

Note: In case there is no change in

technical specification then there is no need to invite revised financial bids and the bids submitted earlier are to be opened. Time and date of opening of financial bids may be intimated to qualified contractors.

Whether will it be mandatory to submit the revised financial bid if called so under three stage system of e-tendering?

Yes, it is mandatory to submit revised financial bid. If not submitted then the tender submitted earlier shall become invalid.

How e-tenders to be opened when the Executive Engineer hands over his charge before the time of opening of e-tenders on due date?

In case of transfer of Executive Engineer, intimation to be sent to ITI immediately through e-mail. The new incumbent if not in possession of digital signature, has to obtain the same from authorized agency. In case the new incumbent already has digital signature then S.No. of his digital signatures need to be intimated to ITI for updating so as to enable him to open e-tenders. If necessary, opening of bids could be postponed suitably.

For works (excluding specialized works) costing up to tendering limit of class-I contractors open tenders are invited where some

Under such situation it will be mandatory for non CPWD contractors and class-II contractors enlisted with CPWD to upload the work experience certificate(s) and the

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times non CPWD contractors and class-II CPWD contractors are also allowed to participate which requires uploading of additional documents such as certificates of work experience and affidavit that the eligible similar work(s) has not been executed through another contractor on back to back basis. What procedure is to be followed for such cases applicable to non CPWD, class-II CPWD contractors and class-I contractors of CPWD?

affidavit that the eligible similar work(s) has not been executed through another contractor on back to back basis. Class-I contractors of CPWD are eligible to submit the bids without submission of work experience certificate and affidavit. Therefore, CPWD class-I contractors shall upload two separate letters for experience certificate and affidavit that these documents are not required to be submitted by them. Uploading of these two letters is mandatory otherwise system will not clear mandatory fields.

The specimen Press Notice for publication in news papers as specified under Para 20A.4 should also include time and last date of submission of bids.

The press notice has been modified slightly by adding one more information pertaining to time and last date of submission of bid. The press notice not to published in the table form which occupies much more space than required and ultimately increase the cost of advertisement.

In view of clarifications given above the entire section 20A has been modified and replaced by OM NO. 224A dated 26.08.2010. The changes/additions made in OM No. 224 are indicated in red ink.

Superintending Engineer (C&M)

Issued from file no.CSQ/CM/M/16 (1)/2009 Copy to:

1. All ADGs, CPWD, E-in-C, PWD, Delhi Govt. 2. All CEs( Civil & Electrical), E&F, CAs in CPWD, PWD Delhi Govt. –

They are requested to endorse a copy of this to all SEs & EEs with further directions that they should bring this change to the notice of all the concerned.

Executive Engineer (I)

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SECTION 20A (MODIFIED UP TO 26.08.2010)

e-Tendering

20A.1 Introduction of e-tendering in CPWD w.e.f. 1st July, 2010.

Attention is drawn to OM No. DGW/MAN/201 dated 01.12.2009, where it was decided to introduce e-tendering in CPWD w.e.f. 01.01.2010 but its implementation was deferred because of some administrative reasons.

1. It has now been decided to introduce e-tendering in CPWD in two phases. In the first phase starting from 1st July, 2010, e-tendering has been made mandatory by CPWD for all works with estimated cost exceeding Rs. 90 lac (viz. works for which contractors of category Class I, Class II or higher are eligible). In 2nd phase starting from 1st September, 2010, e-tendering shall be mandatory for all categories of works irrespective of their cost.

2. e-Tendering platform to be used by CPWD Divisions has been decided to be hosted by M/s. ITI Ltd. with URL address www.tenderwizard.com/cpwd. Also a self learning demonstration-cum-training presentation has been hosted on this web page by M/s. ITI Ltd. for facilitating its users. The copy of agreement entered with M/s ITI Ltd. is available for download by all interested procurement offices in CPWD from CPWD website.

3. According to the aforesaid agreement, M/s ITI Ltd. are to provide needed implementation logistic support including supply of documentation covering 'User Manual' and Vendor Manual covering training/hand holding of each CPWD Procurement Office up to Sub-Division level and also all interested contractors in phased manner all over country. In Ist phase, they are to provide training during Ist June, 2010 to 30th June, 2010 to officials of those procurement divisions having plans to receive tenders with estimated cost exceeding Rs.90 lac during Ist July, 2010 to 31st August, 2010. In second phase starting from Ist July, 2010, they shall undertake training of officials of remaining procurement divisions. For the training of contractors, a separate press notice is being issued in leading newspapers of different regions in the country asking such contractors interested in tendering in CPWD Divisions, to get the digital signatures and needed training through M/s ITI Ltd.

4. It is, therefore, enjoined upon all Executive Engineers of CPWD Divisions to immediately take following actions in respect of EE, all AEs/AEEs including AE(P) and Divisional Accountant strictly in the following sequence.

a) Obtain Digital Signatures directly from authorized certifying authorities viz. NIC, MTNL, e-Mudhra, TCS, Safescrypt, GNFC, etc. details of these including fee structure, application form, etc. are available on http://cca.gov.in.

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b) Request M/s ITI Ltd. to impart training / hand holding of officials of CPWD of the Procurement Division by sending e-mail, FAX, telephonic request at following address :

(i) Shri Rajesh Kumar, Manager (Business Development), M/s ITI Ltd., 495-496, Main Madhuban Road, Ganesh Nagar-II, Shakarpur, Delhi-110092 E-mail1 : [email protected] E-mail 2: [email protected] Tele/FAX : 011-22023084 Mob.: 9868123587

(ii) Prabhudev BJ Mobile : 09448274285 E-mail : [email protected] (iii) Gaurav Kumar Mobile : 09999026955 E-mail : [email protected]

c) To ensure M/s ITI Ltd. imparts training/hand holding much before the

date of publication of tender notice, EEs of the CPWD Divisions while making aforesaid request, are required to specifically inform M/s ITI Ltd. that

(i) The needed Digital Signatures of all officials of that Division have been physically obtained.

(ii) The proposed date of publication of tender notice, last date for

sale of tenders, date and time of receipt and opening of tenders. (iii) Method of inviting tenders such as two/three envelop system.

20A.2 Important Instructions for Executive Engineers for e-Tendering 1. All the Executive Engineers in Divisions, AE(P) in Divisions and Divisional

Accountant shall have to obtain digital signature from authorized certifying authorities viz. NIC, MTNL, e-Mudhra, TCS, Safescrypt, GNFC etc.

2. Any intending bidder has to get himself registered with the ITI Limited through their website www.tenderwizard.com/CPWD before submission of bid.

3. All the documents such as NIT including Information and Instructions for contractors, all the conditions of NIT, Schedule of Quantities, Drawings and other documents shall be uploaded at one time.

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4. The Tender Document as uploaded can be viewed and downloaded free of cost by anyone including intending bidder. But the bid can only be submitted after uploading the mandatory scanned documents such as Demand Draft/Pay order or Banker`s Cheque /Bank Guarantee of any Scheduled Bank towards cost of tender document, and EMD in favour of respective Executive Engineer and Processing Fee in favour of ITI Limited.

5. NIT approving authority has to categorically specify the period during which EMD, cost of tender document, e-tender processing fee and other documents shall be submitted in the office of Executive Engineer by the intending bidder after submission of his/their bid.

The documents mentioned above should be submitted up to the time and date as mentioned in the NIT for which time of 1 working day may be allowed after last time and date of submission of bid for the purpose of verification of documents and to determine eligibility of contractors before opening of bids. This period may be increased by NIT approving authority as per requirement.

6. NIT approving authority has also to specify the time and date of opening of tender. Generally a time of 3 working days after last date and time of submission of bid would be enough to receive and verify the documents submitted by the intending bidder. However NIT approving authority may vary this period of 3 days as per requirement.

7. The list of documents to be scanned and uploaded by the intending bidder shall be clearly mentioned under Information and Instructions for contractors.

8. The sample Press Notice to be published in newspapers and the Information and Instructions for contractors to be attached in NIT are annexed separately. The Information and Instructions for contractors to be attached in NIT may be modified suitably as per requirement if found necessary by the NIT approving authority.

9. It shall be mandatory for Executive Engineer to send soft copy of the upcoming tender regularly on respective E-mail ID region wise for processing as per details given below:

1. [email protected] – Northern Region 2. [email protected] – Eastern Region 3. [email protected] – Western Region 4. [email protected] – Southern Region 5. [email protected] – Headquarter

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10. Uploading of tender document on the ITI website is to be done by the Executive Engineer only.

Under no circumstances document is to be got uploaded through ITI. In case of any difficulty faced by him he can seek clarification and take help from ITI.

It shall be the responsibility of Executive Engineer alone to upload the tender document.

11. In case of transfer of Executive Engineer, intimation to be sent to ITI immediately through e-mail. The new incumbent if not in possession of digital signature, has to obtain the same from authorized agency.

In case the new incumbent already has digital signature then S.No. of his digital signatures need to be intimated to ITI for updating so as to enable him to open e-tenders.

If necessary, opening of bids could be postponed suitably.

12. When tenders are invited in three stage system following steps are to be followed:

(i) Entire tender document related to Eligibility Criteria, Technical bid and

Financial bid are to be uploaded. (ii) Stage-I: documents uploaded by the contractors related with Eligibility

Criterias are opened first and name of eligible contractors are approved by competent authority.

(iii) Stage-II: Stage II deals with technical bid which requires pre bid conference. NIT approving authority may decide whether pre bid conference with qualified contractors is to be held before opening of technical bid or to be held after opening of technical bid. This should be clearly indicated in the NIT.

Accordingly Qualified contractors are called for conference and specifications are finalized and new tender document is prepared on the basis of decisions taken.

(iv) The new document is to be uploaded on ITI website to invite revised financial bids. At the time to Create Tender there is option box as open tender where Yes or No is to be filled.

Fill the box as NO. (v) In next step while submitting Tender Detail there is option box as Is

Limited where YES will appear automatically. (vi) Since the contractors have already paid EMD, Cost of tender

document and processing fee of ITI, cost against each option box to be indicated as "0".

(vii) In next step select and Submit name of the qualified contractors/Vendors from already available names of all the contractors/Vendors those have participated in technical bid.

(viii) Inform all the qualified contractors about last time and date of submission of revised financial bid through e- mail. In addition to this, they may also be informed through SMS.

(ix) Submission of revised financial bid is mandatory since the financial bid submitted earlier has already become invalid.

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(x) Stage-III: Revised financial bids may be opened on due date and time.

Note: In case there is no change in technical specification then

there is no need to invite revised financial bids and the bids submitted earlier may be opened. Time and date of opening of financial bids may be intimated to qualified contractors.

12. Time limit for publicity of tenders shall be as per the provisions of para17.5

of CPWD Works Manual 2010. 13. To draw agreement EE shall download the tender document as uploaded

with duly filled schedule of quantities. Contractor`s negotiation letter and other relevant letters written by the contractor such as extending the validity of tenders etc. and Standard GCC 2010 (Form 7 or Form 8) or other Standard GCC on Form 9,10,11,11A and 12 etc. as the case may be, shall form part of agreement.

14. Hard copies of documents as submitted physically by the contractor shall be compared with the documents uploaded at the time of submission of bid. In case of any discrepancy noticed, the tender shall become invalid and further necessary action to be taken as per the provisions of clause 17 of CPWD-6.

15. NIT approving authority may issue any specific instructions to the Executive

Engineer as per requirement.

20A.3 CPWD-6

The existing CPWD-6 in use for open tendering has been modified as per the requirement of e-tendering. The modified CPWD-6 is enclosed as Annexure-20A.3. For convenience the same form is also available on CPWD website cpwd.gov.in>GCC 2010>CPWD-6 for e-tendering which can be downloaded and used for preparation of NIT.

20A.4 Specimen Press Notice for publication in News Papers In case of e-tendering there is no necessity to publish a large size Press

Notice in News Papers. Only a condensed form of Notice Inviting e-Tenders is to be published in leading News Papers for wide publicity as mentioned below :

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NOTICE INVITING e-TENDERS

The Executive Engineer ............................. Division, CPWD .......................... invites on behalf of President of India online item rate/percentage rate / Lump Sum tenders on two / three bid system for following work(s):- 1. NIT NO. ....................Name of Work*..........................., Estimated

Cost** Rs. ................Earnest money............................, Period of completion .................. Last time and date of submission of bid ............

2. NIT NO. ................... Name of Work*................................ , Estimated Cost** Rs. ................ Earnest money............................, & period of completion .............. Last time and date of submission of bid ............

The tender forms and other details can be obtained from the website

www.tenderwizard.com/CPWD or www.cpwd.gov.in

* Name of work should include details of minor components in case of

composite tenders.

** Estimated cost of minor component should also be indicated.

Note:

(i) Notice Inviting Tender as published in newspapers shall not form part of NIT/ Tender document.

(ii) Combined advertisement should be issued for all the tenders by clubbing.

(iii) The press notice not to published in the table form which occupies much more space than required and ultimately increase the cost of advertisement.

20A.5 INFORMATION AND INSTRUCTIONS FOR CONTRACTORS FOR e- TENDERING FORMING PART OF NIT AND TO BE POSTED ON WEBSITE

1. In case of e-tendering the entire NIT along with all necessary documents is to be uploaded which can be viewed and downloaded by the intending bidder free of cost. Therefore, the existing form of Press Notice has been modified since it is no more to be published in news papers and named as information and instructions for Contractors which will form part of NIT and to be uploaded on ITI website.

2. Draft information and instructions for Contractors for e-tendering inviting open tenders is enclosed as Anneuxre-20A.5.1.

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3. The Draft information and instructions for Contractors for e-tendering where tenders are to be invited on 2/3 bid system are enclosed as Annexure 20A.5.2.

4. After submission of the bid the contractor can re-submit revised bid any number of times but before last time and date of submission of tender as notified.

5. White submitting the revised bid, contractor can revise the rate of one or more item(s) any number of times (he need not re-enter rate of all the items) but before last time and date of submission of tender as notified.

6. When tenders are invited in three stage system and if it is desired to submit revised financial bid then it shall be mandatory to submit revised financial bid. If not submitted then the tender submitted earlier shall become invalid.

7. For works (excluding specialized works) costing up to tendering limit of class-I contractors open tenders are invited where some times non CPWD contractors and class-II CPWD contractors are also allowed to participate which requires uploading of additional documents such as certificates of work experience and affidavit that the eligible similar work(s) has not been executed through another contractor on back to back basis.

Under such situation it will be mandatory for non CPWD contractors and

class-II contractors enlisted with CPWD to upload the work experience certificate(s) and the affidavit that the eligible similar work(s) has not been executed through another contractor on back to back basis.

Class-I contractors of CPWD are eligible to submit the bids without

submission of work experience certificate and affidavit. Therefore, CPWD class-I contractors shall upload two separate letters for experience certificate and affidavit that these documents are not required to be submitted by them. Uploading of these two letters is mandatory otherwise system will not clear mandatory fields.

8. The Draft information and instructions to Contractors may be modified suitably by NIT approving authority as per requirement.

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ANNEXURE - 20A.3

CPWD-6 FOR e-TENDERING

1. Item rate/percentage rate tenders are invited on behalf of President of India from approved and eligible contractors of CPWD and those of appropriate list of M.E.S., BSNL, Railway and …………….. State P.W.D. (B&R) or State Govt.’s Department ……………… (strike out as the case may be) dealing with building and roads, if there is no State PWD (B&R) for the work of .............................................................................................. The enlistment of the contractors should be valid on the last date of submission of tenders. In case the last date of submission of tender is extended, the enlistment of contractor should be valid on the original date of submission of tenders.

1.1 The work is estimated to cost Rs .......................... . This estimate, however,

is given merely as a rough guide. 1.1.1 The authority competent to approve NIT for the combined cost and

belonging to the major discipline will consolidate NITs for calling the tenders. He will also nominate Division which will deal with all matters relating to the invitation of tenders.

For composite tender, besides indicating the combined estimated cost put

to tender, should clearly indicates the estimated cost of each component separately. The eligibility of tenderer will correspond to the combined estimated cost of different components put to tender.

1.2 Intending tenderer is eligible to submit the bid provided he has definite

proof from the appropriate authority, which shall be to the satisfaction of the competent authority, of having satisfactorily completed similar works of magnitude specified below:-

Criteria of eligibility for submission of tender documents 1.2.1 Conditions for Non-CPWD contractors only, if tenders are also open

to non-CPWD contractors. For works estimated cost up to Rs. 15 Crore ( the figure of Rs. 15 Crore may be modified as per tendering limit of CPWD class I contractors of respective discipline such as Electrical, Horticulture and Furniture etc. as the case may be)

Three similar works each of value not less than Rs. ..................... or two

similar work each of value not less than Rs. ..................... or one similar work of value not less than Rs. ..................... (all figures rounded to nearest

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Rs.10 lac) in last 7 years ending last day of the month previous to the one in which the tenders are invited.

Note :-

For works costing above Rs. 3 Crore but up to Rs. 15 Crore, ( the figure of Rs. 3 Crore and Rs. 15 Crore may be modified as per tendering limit of CPWD class II and CPWD Class I contractors respectively of respective discipline such as Electrical, Horticulture and Furniture etc. as the case may be) when tenders are open to non-CPWD contractors also, then class II contractors of CPWD shall also be eligible if they satisfy the eligibility criteria specified in 1.2.1 above.

1.2.2 Criteria of eligibility for CPWD as well as non-CPWD contractors. For works estimated to cost above Rs. 15 Crore. Three similar works each of value not less than Rs. .................. or two

similar work each of value not less than Rs. ................... or one similar work of value not less than Rs. ...................... (all figures rounded to nearest Rs.10 lac) in last 7 years ending last day of the month previous to the one in which the tenders are invited.

The value of executed works shall be brought to current costing level

by enhancing the actual value of work at simple rate of 7% per annum, calculated from the date of completion to the last date of submission of tender.

1.2.3 To become eligible for issue of tender, the tenderer shall have to

furnish an affidavit as under :- I/We undertake and confirm that eligible similar works(s) has/have not been

got executed through another contractor on back to back basis. Further that, if such a violation comes to the notice of Department, then I/we shall be debarred for tendering in CPWD in future forever. Also, if such a violation comes to the notice of Department before date of start of work, the Engineer-in-Charge shall be free to forfeit the entire amount of Earnest Money Deposit/Performance Guarantee. (Scanned copy to be uploaded at the time of submission of bid)

1.2.4 When tenders are invited from non CPWD contractors and CPWD class II

contractors, it will be mandatory for non CPWD contractors and CPWD class-II contractors to upload the work experience certificate(s) and the affidavit as per the provisions of clause 1.2.3.

But for such tenders, Class-I contractors of CPWD are eligible to submit

the bids without submission of work experience certificate and affidavit. Therefore, CPWD class-I contractors shall upload two separate letters for experience certificate and affidavit that these documents are not required to

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be submitted by them. Uploading of these two letters is mandatory otherwise system will not clear mandatory fields.

2. Agreement shall be drawn with the successful tenderer on prescribed Form No. CPWD 7/8 (or other Standard Form as mentioned) which is available as a Govt. of India Publication. Tenderer shall quote his rates as per various terms and conditions of the said form which will form part of the agreement.

3. The time allowed for carrying out the work will be ............................ from

the date of start as defined in schedule ‘F’ or from the first date of handing over of the site, whichever is later, in accordance with the phasing, if any, indicated in the tender documents.

4. The site for the work is available. OR The site for the work shall be made available in parts as specified below:- 5 The tender document consisting of plans, specifications, the schedule of

quantities of various types of items to be executed and the set of terms and conditions of the contract to be complied with and other necessary documents except Standard General Conditions Of Contract Form can be seen from website www.tenderwizard.com/CPWD or www.cpwd.gov.in free of cost.

6. After submission of the bid the contractor can re-submit revised bid any

number of times but before last time and date of submission of tender as notified.

7. White submitting the revised bid, contractor can revise the rate of one or more item(s) any number of times (he need not re-enter rate of all the items) but before last time and date of submission of tender as notified.


9 Earnest Money in the form of Treasury Challan or Demand Draft or Pay order or Banker`s Cheque or Deposit at Call Receipt (drawn in favour of Executive Engineer .................) or Bank Guarantee of any Scheduled Bank shall be scanned and uploaded to the e-tendering website within the period of tender submission and original should be deposited in office of Executive Engineer.

A part of earnest money is acceptable in the form of bank guarantee also.

In such case, 50% of earnest money or Rs. 20 lakh, whichever is less, will

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have to be deposited in shape prescribed above, and balance in shape of Bank Guarantee.

Interested contractor who wish to participate in the tender has also to make following payments in the form of Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank and to be scanned and uploaded to the e-tendering website within the period of tender submission:

(i) Cost of Tender Document - Rs. .......... drawn in favour of Executive Engineer, ................. Division.

(ii) e-Tender Processing Fee - Rs. ......... drawn in favour of "ITI Limited" payable at Delhi.

Treasury Challan or Demand Draft or Pay Order or Banker`s Cheque or Deposit at Call Receipt or Bank Guarantee against EMD, Cost of Tender Document and Cost of Tender Processing Fee shall be placed in single sealed envelope superscripted as “Earnest Money, Cost of Tender Document and Cost of Tender Processing Fee” with name of work and due date of opening of the bid also mentioned thereon.

Copy of Enlistment Order and certificate of work experience and other documents as specified in the press notice shall be scanned and uploaded to the e-tendering website within the period of tender submission and certified copy of each shall be deposited in a separate envelop marked as “Other Documents”.

Both the envelopes shall be placed in another envelope with due mention of Name of work, date & time of opening of tenders and to be submitted in the office of Executive Engineer during the period mentioned above.

Online tender documents submitted by intending bidders shall be opened only of those bidders, whose Earnest Money Deposit, Cost of Tender Document and e-Tender Processing Fee and other documents placed in the envelope are found in order .

The bid submitted shall be opened at 03:30 PM on ................ . 10. The contractor whose tender is accepted, will be required to furnish

performance guarantee of 5% (Five Percent) of the tendered amount within the period specified in Schedule F. This guarantee shall be in the form of cash (in case guarantee amount is less than Rs. 10000/-) or Deposit at Call receipt of any scheduled bank/Banker’s cheque of any scheduled bank/Demand Draft of any scheduled bank/Pay order of any Scheduled Bank of any scheduled bank (in case guarantee amount is less than Rs. 1,00,000/-) or Government Securities or Fixed Deposit Receipts or

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Guarantee Bonds of any Scheduled Bank or the State Bank of India in accordance with the prescribed form. In case the contractor fails to deposit the said performance guarantee within the period as indicated in Schedule ‘F’. including the extended period if any, the Earnest Money deposited by the contractor shall be forfeited automatically without any notice to the contractor.

11. Intending Tenderers 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 tenderer shall be deemed to have full knowledge of the site whether he inspects it or not and no extra charge consequent on any misunderstanding or otherwise shall be allowed. The tenderer 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 tenderer 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 Government and local conditions and other factors having a bearing on the execution of the work.

12. The competent authority on behalf of the President of India does not bind

itself to accept the lowest or any other tender and reserves to itself the authority to reject any or all the tenders received without the assignment of any reason. All tenders in which any of the prescribed condition is not fulfilled or any condition including that of conditional rebate is put forth by the tenderer shall be summarily rejected.

13. Canvassing whether directly or indirectly, in connection with tenderers is

strictly prohibited and the tenders submitted by the contractors who resort to canvassing will be liable to rejection.

14. The competent authority on behalf of President of India reserves to himself the right of accepting the whole or any part of the tender and the tenderer shall be bound to perform the same at the rate quoted.

15. The contractor shall not be permitted to tender for works in the CPWD Circle (Division in case of contractors of Horticulture/Nursery category) responsible for award and execution of contracts, in which his near relative is posted a Divisional Accountant or as an officer in any capacity between the grades of Superintending Engineer and Junior Engineer (both

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inclusive). He shall also 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 gazette officer in the Central Public Works Department or in the Ministry of Urban Development. Any breach of this condition by the contractor would render him liable to be removed from the approved list of contractors of this Department.

16. No Engineer of gazette rank or other Gazetted Officer employed in Engineering or Administrative duties in an Engineering Department of the Government of India is allowed to work as a contractor for a period of one year after his retirement from Government service, without the previous permission of the Government of India 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 Government of India as aforesaid before submission of the tender or engagement in the contractor’s service.

17. The tender for the works shall remain open for acceptance for a period of ninety (90) days from the date of opening of tenders/Ninety days from the date of opening of financial bid in case tenders are invited on 2/3 bid system (strike out as the case may be) if any tenderer withdraws his tender before the said period or issue of letter of acceptance, whichever is earlier, or makes any modifications in the terms and conditions of the tender which are not acceptable to the department, then the Government shall, without prejudice to any other right or remedy, be at liberty to forfeit 50% of the said earnest money as aforesaid. Further the tenderer shall not be allowed to participate in the retendering process of the work.

18. This notice inviting Tender shall form a part of the contract document. The

successful tenderer/contractor, on acceptance of his tender by the Accepting Authority shall within 15 days from the stipulated date of start of the work, sign the contract consisting of:-

a) The Notice Inviting Tender, all the documents including additional

conditions, specifications and drawings, if any, forming part of the tender as uploaded at the time of invitation of tender and the rates quoted online at the time of submission of bid and acceptance thereof together with any correspondence leading thereto.

b) Standard C.P.W.D. Form 7/8 or other Standard C.P.W.D. Form as

mentioned

19. For Composite Tenders

MAN 224 A

19.1.1 The Executive Engineer in charge of the major component will call tenders for the composite work. The cost of tender document and Earnest Money will be fixed with respect to the combined estimated cost put to tender for the composite tender.

19.1.2 The tender document will include following three components: Part A:- CPWD-6, CPWD-7/8 including schedule A to F for the major

component of the work, Standard General Conditions of Contract for CPWD 2010 or latest edition as applicable with all amendments/modifications.

Part B:- General / specific conditions, specifications and schedule of

quantities applicable to major component of the work. Part C: Schedule A to F for minor component of the work. (SE/EE

in charge of major component shall also be competent authority under clause 2 and clause 5 as mentioned in schedule A to F for major components) General/specific conditions, specifications and schedule of quantities applicable to minor component(s) of the work.

19.1.3 The tenderer must associate with himself, agencies of the appropriate class eligible to tender for each of the minor component individually.

19.1.4 The eligible tenderers shall quote rates for all items of major

component as well as for all items of minor components of work. 19.1.5 After acceptance of the tender by competent authority, the EE in

charge of major component of the work shall issue letter of award on behalf of the President of India. After the work is awarded, the main contractor will have to enter into one agreement with EE in charge of major component and has also to sign two or more copies of agreement depending upon number of EE’s/DDH in charge of minor components. One such signed set of agreement shall be handed over to EE/DDH in charge of minor component. EE of major component will operate part A and part B of the agreement. EE/DDH in charge of minor component(s) shall operate Part C along with Part A of the agreement.

19.1.6 Entire work under the scope of composite tender including major

and all minor components shall be executed under one agreement.

MAN 224 A

19.1.7 Security Deposit will be worked out separately for each component corresponding to the estimated cost of the respective component of works. The Earnest Money will become part of the security deposit of the major components of work.

19.1.8 The main contractor has to associate agency(s) for minor

component(s) conforming to eligibility criteria as defined in the tender document and has to submit detail of such agency(s) to Engineer-in-charge of minor component(s) within prescribed time. Name of the agency(s) to be associated shall be approved by Engineer-in-charge of minor component(s).

19.1.9 In case the main contractor intends to change any of the above

agency/agencies during the operation of the contract, he shall obtain prior approval of Engineer-in-charge of minor component. The new agency/agencies shall also have to satisfy the laid down eligibility criteria. In case Engineer-in-charge is not satisfied with the performance of any agency, he can direct the contractor to change the agency executing such items of work and this shall be binding on the contractor.

19.1.10 The main contractor has to enter into agreement with

contractor(s) associated by him for execution of minor component(s). Copy of such agreement shall be submitted to EE/DDH in charge of each minor component as well as to EE in charge of major component. In case of change of associate contractor, the main contractor has to enter into agreement with the new contractor associated by him.

19.1.11 Running payment for the major component shall be made by EE

of major discipline to the main contractor. Running payment for minor components shall be made by the Engineer-in-charge of the discipline of minor component directly to the main contractor.

19.1.12 Final bill of whole work shall be finalized and paid by the EE of

major component. Engineer(s) in charge of minor component(s) will prepare and pass the final bill for their component of work and pass on the same to the EE of major component for including in the final bill for composite contract.

20. In case any discrepancy is noticed between the documents as uploaded at

the time of submission of the bid online and hard copies as submitted physically in the office of Executive Engineer, then the bid submitted shall become invalid and the Government shall, without prejudice to any other right or remedy, be at liberty to forfeit 50% of the said earnest money as aforesaid. Further the tenderer shall not be allowed to participate in the retendering process of the work.

MAN 224 A

ANNEXURE 20A.5.1

INFORMATION AND INSTRUCTIONS FOR CONTRACTORS FOR e- TENDERING FORMING PART OF NIT AND TO BE POSTED ON WEBSITE

(Applicable for inviting open tenders)

The Executive Engineer ............................. Division, CPWD .......................... on behalf of President of India invites online Item rate/percentage rate tenders from approved and eligible contractors of CPWD and those of appropriate list of M.E.S., BSNL, Railway and …………….. State P.W.D. (B&R) or State Govt.’s Department ……………… dealing with building and roads, if there is no State PWD (B&R), (strike out as the case may be) for the following work(s):

S. N

o.

NIT

No.

Name of work & Location

Estimated cost put to tender

Ear

nest

Mon

ey

Per

iod

of C

ompl

etio

n Last date & time of submissi

on of tender

Period during which EMD,

Cost of Tender

Document, E-tender

Processing Fee and

other Documents

shall be submitted

Time & date of opening of tender

1 2 3 4 5 6 7 8 9

Name of work should include

details of minor

components in case of composite

tenders

Estimated cost of minor component should also be indicated

Up to 03:30 PM on ............

The tender document consisting of plans, specifications, the schedule of

quantities of various types of items to be executed and the set of terms and

conditions of the contract to be complied with and other necessary documents can

be seen and downloaded from website www.tenderwizard.com/CPWD or

www.cpwd.gov.in free of cost.

MAN 224 A

The enlistment of the contractors should be valid on the last date of submission of tenders. In case only the last date of submission of tender is extended, the enlistment of contractor should be valid on the original date of submission of tenders. Those contractors not registered on the website mentioned above, are required to

get registered beforehand. If needed they can be imparted training on online

tendering process as per details available on the website. The intending bidder

must have valid class-III digital signature to submit the bid.

* Conditions for Non-CPWD contractors only, if tenders are also open to non- CPWD contractors (For works estimated to cost up to Rs. 15 Crore) ( the figure of Rs. 15 Crore may be modified as per tendering limit of CPWD class I contractors of respective discipline such as Electrical, Horticulture and Furniture etc. as the case may be)

Non CPWD contractors are also eligible to submit tender provided they have definite proof from the appropriate authority, which shall be to the satisfaction of the competent authority, of having satisfactorily completed similar works of magnitude specified below:- Three similar works each of value not less than Rs. ............... or two similar works each of value not less than Rs. ............... or one similar work of value not less than Rs. ............... in last 7 years ending last day of the month previous to the one in which the tenders are invited. (Scanned copy of work experience is to be uploaded) * Conditions applicable to CPWD contractors only, if tenders are also open

to non-CPWD contractors (For works estimated to cost up to Rs. 15 Crore) ( the figure of Rs. 15 Crore may be modified as per tendering limit of CPWD class I contractors of respective discipline such as Electrical, Horticulture and Furniture etc.)

For works costing above Rs. 3 Crore but up to Rs. 15 Crore, ( the figure of Rs. 3 Crore and Rs. 15 Crore may be modified as per tendering limit of CPWD class II and CPWD Class I contractors respectively of respective discipline such as Electrical, Horticulture and Furniture etc. as the case may be) when tenders are open to non-CPWD contractors also, then class II contractors of CPWD shall also be eligible if they satisfy the eligibility criteria specified for Non-CPWD Contractors. (Scanned copy of work experience is to be uploaded) Earnest Money in the form of Treasury Challan or Demand Draft or Pay order or Banker`s Cheque or Deposit at Call Receipt (drawn in favour of Executive Engineer .................) or Bank Guarantee of any Scheduled Bank shall be scanned

MAN 224 A

and uploaded to the e-tendering website within the period of tender submission and original should be deposited in office of Executive Engineer.

A part of earnest money is acceptable in the form of bank guarantee also. In such case, 50% of earnest money or Rs. 20 lakh, whichever is less, will have to be deposited in shape prescribed above, and balance in shape of Bank Guarantee.

Interested contractor who wish to participate in the tender has also to make following payments in the form of Demand Draft or Pay order or Banker`s Cheque of any Scheduled Bank and to be scanned and uploaded to the e-tendering website within the period of tender submission:


(ii) e-Tender Processing Fee - Rs. ........... drawn in favour of "ITI Limited" payable at Delhi.

Treasury Challan or Demand Draft or Pay order or Banker`s Cheque or Deposit at Call Receipt or Bank Guarantee of any Scheduled Bank against EMD, Cost of Tender Document and Cost of Tender Processing Fee shall be placed in single sealed envelope superscripted as “Earnest Money, Cost of Tender Document and Cost of Tender Processing Fee” with name of work and due date of opening of the bid also mentioned thereon.

Copy of Enlistment Order and certificate of work experience as required shall be scanned and uploaded to the e-tendering website within the period of tender submission and certified copy of each shall be deposited in a separate envelop marked as “Other Documents”.


Online tender documents submitted by intending bidders shall be opened only of those bidders, whose Earnest Money Deposit, Cost of Tender Document and e-Tender Processing Fee and other documents placed in the envelope are found in order . List of Documents to be scanned and uploaded within the period of tender submission:

1. Treasury Challan/Demand Draft/Pay order or Banker`s Cheque /Deposit at Call Receipt/Bank Guarantee of any Scheduled Bank against EMD.

MAN 224 A

2. Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank towards cost of Tender Document.

3. Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank towards cost of Processing Fee.

4. Enlistment Order of the Contractor.

5. Certificates of Work Experience (if required from non CPWD and CPWD class II contractors).

6. Affidavit as per clause 1.2.3 of CPWD 6 (if required from non CPWD and CPWD class II contractors)..

7. Two letters from CPWD class I contractors as specified under clause 1.2.4 of CPWD 6 (if applicable).

8. Certificate of Registration for Sales Tax / VAT and Service Tax and acknowledgement of up to date filed return if required.

Note: Other conditions for composite tenders and any special condition as applicable may also be added and Press Notice may be modified suitably by NIT approving authority.

MAN 224 A

ANNEXURE-20A.5.2

INFORMATION AND INSTRUCTIONS FOR CONTRACTORS FOR e-TENDERING FORMING PART OF NIT AND TO BE POSTED ON WEBSIT

(Applicable for inviting tenders on 2/3 bid system)

The Executive Engineer ................................... on behalf of the President of India invites online the tenders from firms/contractors of repute in two/three bid system for the following work:

S. N

o.

NIT

No.

Name of work &

Location

Estimated cost put to tender

Ear

nest

Mon

ey

Per

iod

of C

ompl

etio

n Last date & time of

submission of technical

and financial

bids

Period during which EMD, Cost

of Tender Document, E-tender

Processing Fee and other

Documents shall be submitted

Time & date of opening

of technical

bid

1 2 3 4 5 6 7 8 9

Name of work should

include details of

minor components

in case of composite

tenders

Estimated cost of minor

component should also

be indicated

Up to 03:30 PM on ............

1. Contractors who fulfil the following requirements shall be eligible to apply.

Joint ventures are not accepted.

(a) Should have satisfactorily completed the works as mentioned below during the last Seven years ending last day of the month...............:-

(i) Three similar works each costing not less than Rs. ...................., or two similar works each costing not less than Rs. .................... one similar work costing not less than Rs..................

and

(ii) One work of any nature (either part of (i) above or a separate one) costing not less than Rs...............with some Central/State

MAN 224 A

Government Department/Central Autonomous Body/ Central Public Sector Undertaking.

Similar work shall mean works of .................................... The value of executed works shall be brought to current costing level by enhancing the actual value of work at simple rate of 7% per annum; calculated from the date of completion to last date of receipt of applications for tenders.

(b) Should have had average annual financial turnover of Rs. ............................. on construction works during the last three years ending 31st March .......... . (Scanned copy of Audited Balance Sheet to be uploaded)

(c) Should not have incurred any loss in more than two years during the last five years ending 31st March ........... .

(d) Should have a solvency of Rs............................ . (Scanned copy of original solvency to be uploaded)

(Solvency not required if applicant is a class I(Civil) registered contractor of CPWD and estimated cost is up to Rs. 25 Crore)*

2. The tender document consisting of plans, specifications, the schedule of quantities of various types of items to be executed and the set of terms and conditions of the contract to be complied with and other necessary documents can be seen and downloaded from website www.tenderwizard.com/CPWD or www.cpwd.gov.in free of cost.

Those contractors not registered on the website mentioned above, are required to get registered beforehand. If needed they can be imparted training on online tendering process as per details available on the website. The intending bidder must have valid class-III digital signature to submit the bid.

3. Earnest Money in the form of Treasury Challan or Demand Draft or Pay order or Banker`s Cheque or Deposit at Call Receipt (drawn in favour of Executive Engineer .................) or Bank Guarantee of any Scheduled Bank shall be scanned and uploaded to the e-tendering website within the period of tender submission and original should be deposited in office of Executive Engineer.

A part of earnest money is acceptable in the form of bank guarantee also. In such case, 50% of earnest money or Rs. 20 lakh, whichever is less, will have to be deposited in shape prescribed above, and balance in shape of Bank Guarantee.

MAN 224 A

Interested contractor who wish to participate in the tender has also to make following payments in the form of Demand Draft or Pay order or Banker`s Cheque of any Scheduled Bank and to be scanned and uploaded to the e-tendering website within the period of tender submission:


(ii) e-Tender Processing Fee - Rs. ........... drawn in favour of "ITI Limited" payable at Delhi.

Treasury Challan or Demand Draft or Pay order or Banker`s Cheque or Deposit at Call Receipt or Bank Guarantee of any Scheduled Bank against EMD, Cost of Tender Document and Cost of Tender Processing Fee shall be placed in single sealed envelope superscripted as “Earnest Money, Cost of Tender Document and Cost of Tender Processing Fee” with name of work and due date of opening of the bid also mentioned thereon.

Copy of certificate of work experience, Audited Balance Sheet, Bank Solvency Certificate and other documents mentioned above shall be scanned and uploaded to the e-tendering website within the period of tender submission and certified copy of each shall be deposited in a separate envelope marked as “Eligibility Documents”.


Online tender documents submitted by intending bidders shall be opened only of those bidders, whose Earnest Money Deposit, Cost of Tender Document and e-Tender Processing Fee and other documents placed in the envelope are found in order .

4 The Technical bid shall be opened first on due date and time as mentioned

above. The time and date of opening of financial bid of contractors qualifying the technical bid shall be communicated to them at a later date.

5. Pre Tender conference shall be held in the chamber of .............................. at ..................... on............ to clear the doubt of intending tenderers, if any.


MAN 224 A

7. The department reserves the right to reject any prospective application without assigning any reason and to restrict the list of qualified contractors to any number deemed suitable by it, if too many tenders are received satisfying the laid down criterion.

* To be struck off for works with estimated cost more than Rs. 25 Crore. ** Para6 above be modified suitably for three envelope system. (Any other condition as decided by NIT approving authority may be

added) Executive Engineer ...............................

List of Documents to be scanned and uploaded within the period of tender submission: 1. Treasury Challan/Demand Draft/Pay order or Banker`s Cheque /Deposit at

Call Receipt/Bank Guarantee of any Scheduled Bank against EMD.

2. Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank towards cost of Tender Document.

3. Demand Draft/Pay order or Banker`s Cheque of any Scheduled Bank towards cost of Processing Fee.

4. Certificates of Work Experience.

5. Audited Balance Sheet.

6. Bank Solvency Certificate

7. Any other Document as specified in the press notice

8. Affidavit as per provisions of clause 1.2.3 of CPWD-6

9. Certificate of Registration for Sales Tax / VAT and Service Tax and acknowledgement of up to date filed return if required.

Note: Press notice inviting tenders shall be published in newspapers as per

Para20A.4.

name circular.pdf · MAN 224 A Page 1

Documents

Transcript of name circular.pdf · MAN 224 A Page 1