CREDA – HPCL Biofuel Limited - CHBL – HPCL Biofuel Limited TENDER DOCUMENT FOR PLANTATION AND...

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Sign and Seal of Bidder

CREDA – HPCL Biofuel Limited

TENDER DOCUMENT

FOR

PLANTATION AND MAINTENANCE OF JATROPHA CURCUS ON REVENUE WASTELANDS IN SURGUJA, JASPUR, RAIGARH AND

JANJGIR- CHAMPA DISTRICTS OF CHHATTISGARH.

TENDER NO: CHBL/TEN/CULT/0005

Prepared and Issued By: CREDA - HPCL BIOFUEL LTD (Sec-1, New Shanti nagar, Opposite MESONET Quarters, Shankar Nagar Road, Raipur, CHHATTISGARH- 492007

TENDER COST: Rs. 1000 /-

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TABLE OF CONTENTS

INDEX

CHAPTER NO. DESCRIPTION PAGE NO.

1 NOTICE INVITING TENDER (NIT) 5-14

2 INSTRUCTIONS TO BIDDERS (ITB) 15-46

3 SPECIAL TERMS &CONDITIONS (STC) OF CONTRACT.

47-90

4 PRICE PART 91-106

5 GENERAL TERMS AND CONDITIONS (GTC) OF CONTRACT

107-143

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CHAPTER 1 NOTICE INVITING TENDER (NIT)

REF: CHBL/TEN/CULT/0005

TO: SUBJECT: PLANTATION AND MAINTENANCE OF JATROPHA CURCUS ON

REVENUE WASTELANDS IN SURGUJA, JASPUR, RAIGARH AND JANJGIR- CHAMPA DISTRICTS OF CHHATTISGARH.

Dear Sir,

CREDA – HPCL Biofuel Ltd (CHBL ) is a Joint Venture Company (JVC) promoted by Hindustan Petroleum Corporation Limited (HPCL) & Chhattisgarh Renewable Energy Development Agency (CREDA). CHBL is a company incorporated in India having its registered office at Sector-1, Near Mesonet Quarters, New Shanti nagar, Shankar Nagar Road, Raipur, Chhattisgarh, India-492007.

One of the objectives of CHBL is to undertake large scale energy crop plantation on revenue wasteland across various districts of Chhattisgarh. Energy crop plantation in context of CHBL would mean Jatropha curcus plantation. Moreover, CHBL intends to ensure good health of the Jatropha curcas established plantations in the districts of SURGUJA, JASPUR, , RAIGARH and JANJGIR- CHAMPA by tendering the task of proper new plantations / maintenance to suitable contractors on allotted revenue wasteland.

For the purpose of this tender land admeasuring approximately 1450 Hectares in possession of CHBL at Surguja, Jashpur, Raigarh and Janjgir -Champa districts of Chhattisgarh (as more particularly described in Annexure XI of ITB) has been divided into 39 Clusters of area ranging from approximately 20 Ha to 60 Ha. It is on these clusters that plantation and maintenance activities are to be carried out.

CHBL proposes to supply saplings from its own source for plantations.

Sealed tenders are invited for & on behalf of CHBL in two-bid system, (Part-I i.e. Techno Commercial bid and Part-II, i.e. Price bid) from bonafide, experienced & reputed bidder(s) for the subject work as detailed in this Tender Document. A set of tender documents along with ‘Price Bid’ format are enclosed for submission of your offer:

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1.0 BRIEF DETAILS OF THE TENDER ARE AS UNDER: 1.1 COLLECTION/

SUBMISSION OF TENDER DOCUMENT

Tender documents can be obtained from 10.00 hours to 17.00 hours on all working days for tender release period as mentioned in clause 1.5 below from the office of CREDA – HPCL BIOFUEL LTD., RAIPUR. Tender document can also be downloaded from our website www.chbl.co.in or www.credacg.org (CREDA website).

The tender document can be submitted in person / submitted by post so as to reach at the following address before the last date and time for submission of the bid:

Chief Executive Officer CREDA – HPCL BIOFUEL LTD Office Address: Sector-1, Near MESONET Quarters, New Shanti Nagar, Shankar Nagar Main Road, Raipur, Chhattisgarh, India 492007 If submitted in person, the same could be dropped in the sealed tender box placed at the above office address.

1.2 TENDER FEES (NON- REFUNDABLE)

Tender can be obtained from CHBL office after payment of Tender fees of Rs. 1000/ - (Rs. one thousand only) by crossed Pay order/demand draft drawn in favour of CREDA - HPCL BIOFUEL LTD , payable at Raipur , Chhattisgarh. Prospective Bidder downloading the Tender from website shall be required to pay tender fees of Rs. 1000/- by crossed demand draft/pay order along with the bid.(to be enclosed in EMD envelope)

Bidders are advised not to make any corrections, additions or alterations in the Tender document either collected or downloaded Tender documents.

1.3 EARNEST MONEY

DEPOSIT (EMD)

EMD for one cluster is Rs. 25000/- (Rupees twenty five thousand only). A Bidder can apply for one or more clusters.

The EMD for the Bidder applying for more than one cluster will be equal to Rs. 25000/- multiplied by No. of clusters the tenderer wishes to participate. For eg. the Bidder applying for 10 clusters has to pay EMD of Rs

250000/- (Rs 25000 X 10) and so on and so forth. EMD in the form of Cash / Term Deposit Receipt

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(TDR) / Postal Order / Bank Guarantee or in any form other than crossed Demand Draft or Pay Orders shall not be accepted. Tenders without EMD shall be summarily rejected.

1.4 EXEMPTION FROM TENDER FEES & EMD

Small Scale Industries registered with National Small Industries Corporation (NSIC) under its single point registration scheme are exempted from paying Tender fees and EMD upon producing an attested copy of the registration.

Additionally, Public Sector Undertakings of Central/ State Government are exempted from EMD.

1.5 SALE OF TENDER DOCUMENT

From 12.04.2013 to 25.04.2013 (From 1000 hrs to 1700 hrs)

1.6 LAST DATE FOR SEEKING CLARIFICATIONS/ QUERIES

Upto 26.04.2013

1.7 PRE-BID MEETING On 29.04.2013 at 1400 hrs

1.8 LAST DATE FOR ISSUE OF CLARIFICATIONS BY CHBL

Upto 29.04.2013

1.9 LAST DATE OF SUBMISSION OF BID

Upto 15.00 HRS on 03.05.2013

1.10 DATE & TIME FOR BID OPENING

Techno-commercial bids (Part-I) shall be opened on 03.05.2013 at 15.30 hrs. Bidder / Authorized representative of Bidder may attend.

Price-bid (Part-II) of the Bidders whose Techno- commercial bid has been found acceptable by CHBL, shall be opened at a later date. Such bidder(s) shall be intimated by e-mail / post / fax / telephonically.

1.11 VALIDITY OF OFFER

6 months from the last date of submission of tender

1.12 CONTRACT PERIOD

Duration of the contract shall be ONE YEAR. Contract may be renewed UPTO THREE YEARS at the sole discretion of CHBL. Purchase order value will be revised upon renewal.

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2.0 SUBMISSION OF BIDS 2.1 Bidder shall submit his/its bid on one time basis in 3 separate sealed envelopes which in

turn shall be enclosed in a single big sealed envelope.

a) Envelope No. 1: shall consist of Techno-commercial/ unpriced bid. b) Envelope no.2: shall consist of Tender fees (in case the Tender is downloaded

from website) and EMD. c) Envelope no. 3: shall consist of price bid as per Annexure I of PRICE PART.

ENVELOPE NO. 1: TECHNO-COMMERCIAL / UNPRICED PART This envelope should contain techno-commercial details in the order as mentioned in

Para 1.0 of ITB, including all supporting documents as asked in the Tender Document, ORIGINAL Bidding Document duly signed & stamped on each page without filling the prices.

The envelope should mention “TECHNO-COMMERCIAL AND UNPRICED PART”

and Tender No. “CHBL/TEN/CULT/0005”. The name & address of the Bidder to be mentioned in bottom left hand part of the envelope.

ENVELOPE NO.2- This envelope shall contain EMD of Rs 25000/- per cluster

applied ( Rs 25,000 X n for n clusters applied) and tender fees of Rs. 1000/- (in case tender document is downloaded from the website as mentioned in Para 1.1 of NIT).

The envelope should superscribe “EMD and TENDER FEES” and Tender No.

“CHBL/TEN/CULT/0005”. The name & address of the Bidder to be mentioned in bottom left hand part of the envelope.

ENVELOPE NO. 3: PRICED PART The Bidder shall submit Price bid as per Annexure I to Price Part without any

condition. Condition indicated, if any, in this part shall not be taken cognizance of. The Bidders should submit Price Bid in different envelope which should bear “PRICED BID” and Tender No. “CHBL/TEN/CULT/0005”. The name & address of the Bidder to be mentioned in bottom left hand part of the envelope.

2.2 Subject tender number along with title i.e. Unpriced Bid, EMD or Priced Bid should be

superscribed on each envelope. 2.3 In the event of difference between figures and words the amount mentioned in words

shall prevail. 2.4 Tender documents (hard copies only) may be submitted in person or can be sent through

Registered Post / Speed Post / Courier so as to reach in this office CREDA - HPCL BIOFUEL LTD., Sector-1, Near MESONET Quarters, New Shanti Nagar, Shankar Nagar Road, Raipur, Chhattisgarh, India not later than the time and date mentioned in clause 1.9 above.

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2.5 CHBL takes no responsibility for delay, loss or non-receipt of tender documents sent by

post /courier. 2.6 CHBL may issue addendum(s) / corrigendum(s) to the Tender documents. In such

case, the addendum(s)/corrigendum(s) shall be issued and placed on website of CHBL at least three days in advance of date fixed for opening of Tender.

2.7 The Bidders who have downloaded the tender document from website must visit the

website and ensure that such addendum(s)/Corrigendum(s) if any is also downloaded by them. Such addendum(s)/corrigendum(s) (if any) shall also be submitted, duly stamped and signed, alongwith the submission of the Tender applications. Any Tender application submitted without such addendum(s)/corrigendum(s) shall be summarily rejected.

3.0 ELIGIBILITY CRITERIA

The Bidder can apply for one or more number of Clusters. The Bidder should satisfy himself/ herself regarding the eligibility criteria before submission of the bid.

A Bidder can be an individual, a partnership firm, Hindu Undivided Family (HUF), a company (Pvt. Or Public), a Society, a Non-Government Organisation (NGO), Self Help Group (SHG) etc.

The Bidder should fulfil the eligibility criteria elaborated in Para 3.1 to 3.4 below and also provide necessary documents (annual reports, related work-orders, payment vouchers approved by the project promoting agency, project completion report/payment proofs etc.) as discussed in detail in Para 2 of Annexure-III to the ITB for verification.

3.1. The Bidder applying for the tender must have handled projects of either plantation or maintenance or both in land belonging to them or under a contract in any one or more out of the following activities on commercial scale during last seven financial years. (Any work completed during Financial Year 2013-2014 shall not be considered):

a) Jatropha curcas plants. b) Field crops. c) Horticulture crops / Landscaping. d) Timber and non-timber projects. e) Agri allied activities viz soil and water conservation, crop protection, Agro-forestry

etc. f) Any Agri-related activities relevant to our plantation process. g) Cash crop production. h) Community development programs such as water-shed development (with the

objective of soil and water conservation). i) Agro-based cottage industry (involved in sericulture, nursery rising of

horticultural and forest tree species, lac culture etc.).

and

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3.2. The Average Annual Turnover of the Bidder applying for one or more Clusters shall be as per ready reckoner table given at clause 3.4 for the last three financial years (i.e.2012-13, 2011-12, 2010-11).

In case, the bidder does not possess Audited annual accounts for 2012-13, he may provide audited annual accounts details of 2011-12, 2010-11 & 2009-10. However, the bidder has to submit audited annual accounts of 2012-13 within 30 days of award of contract. Still, the average annual turnover for the past three years (2012-13, 2011-12 & 2010-11) shall be as per the ready recknor (as mentioned in 3.4 of NIT) failing which clusters as per his eligibility will be made available to the Contractor.

and 3.3. The Bidder should have experience of either three or two or one work order of similar

nature as discussed under Para 3.1 and of the values as provided in the ready reckoner table under Para 3.4 during any of the last SEVEN financial years. Any work completed during Financial Year 2013-2014 shall not be considered.

Note : In case of experience as per clause 3.1 in owned land/leased land, work order value would mean financial amount of job carried out as per audit report/IT return .

The Bidder shall submit the details of the Eligibility Criteria (Para 3.1 to 3.3) in the format attached as Annexure-III & Annexure-IV of Instruction to Bidder s (ITB).

3.4. A Ready Reckoner for calculating cluster wise eligibility criteria with respect to average annual turnover and similar work order values for being eligible for consideration for one or more clusters:

AVERAGE ANNUAL TURNOVER AND VALUE OF SIMILAR WORK ORDERS

Sr.No.

CLUSTER APPLIED

FOR

AVERAGE ANNUAL

TURNOVER [value in lakhs(Rs.)]

VALUE OF SIMILAR WORK ORDERS (minimum value of each order)

[value in lakhs (Rs)] One No. Two Nos. Three Nos.

1. 1 20 6 4 3 2. 2 30 12 8 6 3. 3 45 18 12 9 4. 4 60 24 16 12 5. 5 75 30 20 15 6. n 15 X n 6 X n 4 X n 3 X n 7. 20 300 120 80 60

OR In case any bidder has undertaken work on their own land and not under any particular contract, then the works similar to the works as elaborated under Para 3.1 performed by such bidder should constitute 75% of the average annual turnover for the last three Financial Years. (Excluding financial year 2013-2014)

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4.0 DISQUALIFICATION CRITERIA 4.1 The bidders Black listed / Holiday listed / Rescinded by CHBL, Hindustan Petroleum

Corporation Ltd. (HPCL), CREDA and CBDA are not eligible for applying in this tender and shall be disqualified.

4.2 Bids with Price information in Unpriced (Techno-commercial) Bid etc. shall be

rejected. Price information shall be provided only on Priced part of the bid. 4.3 Offers/ Bids in Telex/Telegraphic/Fax/E-mail/soft copy i.e. CD etc. shall not be

accepted. 4.4 Incomplete bids with partly applied scope of work (SOW) plots shall be rejected. 4.5 Use of white/erasing fluid shall not be accepted. Wherever the rates are corrected with

white/erasing fluid, the bids will be summarily rejected. The above provisions applicable even in cases where the rates after correction with white / erasing fluid are found to be L1.

4.6 The Bidders making misleading or false representations in the forms, statements and

attachments submitted in proof of the qualification requirement shall be rejected. 4.7 Bidders may note that they are liable to be disqualified at any time during tendering

process in case any information furnished by them is not found to be true. EMD of such bidders shall be forfeited. The decision of CHBL in this regard shall be final and binding.

4.8 Bidders having record of poor performance such as abandoning the works, not proper

completing the contract, abnormal delays in completion, litigation history, or financial failures shall be disqualified.

5.0 OTHER TERMS AND CONDITIONS

5.1. Bidders shall ensure submission of complete information/Tender documents in the first instance itself. CHBL reserves the right to complete the evaluation based on the details furnished by the Bidder without seeking any subsequent additional information. Tender documents not in compliance with Terms contained herein or with incomplete information shall be liable for rejection.

5.2. CHBL reserves the right to cancel the Tender submission/opening of tender, postpone the tender submission/opening date and to accept/reject any or all tenders without assigning any reasons thereof. CHBL’s assessment of suitability as per eligibility criteria shall be final and binding.

5.3 CHBL takes no responsibility for delay, loss or non-receipt of tender documents sent by post /courier.

5.4. Bidder is advised to visit and examine the site(s) of works and its surroundings and Obtain for himself on his own responsibility all information that may be necessary for preparing the bid and entering into the Contract. The cost of visiting the site shall be at

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Bidder’s own expenses.

5.5 2000 number of plants are presently proposed to be planted per ha of land, this number may vary, depending upon the requirement. However the variance would be between 1000 to 2500 plants per Ha.

5.6 Depending upon the requirements of CHBL and actual site conditions, all the items

mentioned in Scope of Work / Price Part / Payment Methodology may not be executed.

5.7 If the last date of receiving/ opening of the tenders coincide with a holiday, then the next working day shall be the tender receiving/ opening date.

5.8 Please acknowledge receipt of this tender document as per format enclosed as Annexure- I of NIT of the Tender Document within 1 week of obtaining Tender Document/ downloading from the website to enable CHBL to intimate about any change in Pre Bid meeting etc.

Thanking You, Yours Faithfully

For CREDA - HPCL BIOFUEL LTD

Chief Executive Officer Raipur, Chhattisgarh

Telefax No. 0771-2534451, E-Mail- [email protected]

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ANNEXURE-I OF NIT

ACKNOWLEDGEMENT CUM CONSENT LETTER

TELE/FAX NO. 0771-2534451

To

Chief Executive Officer, CHBL Raipur, Chhattisgarh

SUBJECT: PLANTATION AND MAINTENANCE OF JATROPHA CURCUS ON REVENUE WASTELANDS IN SURGUJA, JASPUR, RAIGARH AND JANJGIR- CHAMPA DISTRICTS OF CHHATTISGARH.


Dear Sir, We acknowledge the receipt of your invitation to Bid for subject work, which was received on ______________________/ downloaded from the website on _______, and understand that the documents received remain the property of M/s CREDA - HPCL BIOFUEL LTD. We indicate below our intentions with respect to the Notice Inviting Tender.

(A) We intend to bid as requested and furnish following details:

Sr. No.

OFFICE RAIPUR OFFICE (if any)

i) FULL POSTAL ADDRESS

FULL POSTAL ADDRESS

ii) TELEPHONE NUMBER

TELEPHONE NUMBER

iii) TELEFAX NUMBER TELEFAX NUMBER

iv) CONTACT PERSON CONTACT PERSON

v) EMAIL- ADDRESS EMAIL- ADDRESS

(B) We are unable to bid for the reasons given below (Please use separate page for

mentioning the reasons if the space is not sufficient and send with this letter): __________________________________________

__________________________________________ __________________________________________

__________________________________________ AGENCY'S NAME: _________________________

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SIGNATURE: _____________________________

NAME: __________________________________

DESIGNATION: ___________________________

DATE: ___________________________________

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CHAPTER 2

INSTRUCTIONS TO BIDDERS (ITB)

INDEX TO ITB S.NO DESCRIPTION

1.0 INFORMATION REQUIRED WITH BIDS

2.0 EXPENSES TO BE BORNE BY BIDDER

3.0 BIDDER CAN APPLY FOR MULTIPLE CLUSTERS

4.0 EMD AND SECURITY DEPOSIT AND RETENTION MONEY

5.0 BIDDING DOCUMENT NOT TRANSFERABLE

6.0 PRICES, TAXES, DUTIES

7.0 BID VALIDITY

8.0 PRE BID MEETING

9.0 OPENING OF BIDS

10.0 PRICE EVALUATION AND AWARD OF WORK

11.0 CONTRACT AGREEMENT


13.0 AMENDMENT OF TENDER DOCUMENT

14.0 APPLICABLE LANGUAGE

15.0 COMPLIANCE TO TENDER REQUIREMENT

16.0 PROCESS TO BE CONFIDENTIAL

17.0 CHBL’S RIGHT TO ANNUL BIDDING PROCESS OR ACCEPT/REJECT A BID

18.0 AWARD OF WORK

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ANNEXURES TO ITB

S. NO DESCRIPTION

Annexure-I Format for Bid Letter

Annexure-II Compliance/ Exceptions & deviations Statement to Bid Requirements

Annexure-III Details of Projects Undertaken during last Sevenyears

Annexure-IV Eligibility Criteria Details

Annexure-V Details of Proposed Organization

Annexure-VI Annual Turnover Statement

Annexure-VII Declaration of Relationship with Director

Annexure-VIII Bidder’s Queries & CHBL’s Reply

Annexure-IX Format of Contract Agreement

Annexure-X Format for Advise of Bidder Details

Annexure-XI Plot-wise detail of clusters

Annexure-XII Proforma of declaration of black listing/holiday listing

Annexure-XIII Checklist for Submission of Tender

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1.0 INFORMATION REQUIRED WITH BIDS Unpriced Bid (Techno-commercial Part) shall comprise the following attachments:

a) Submission of bid letter preferably on Bidder’s letter pad, the format of which is

attached as Annexure - I to ITB. b) Compliance to Bid Requirements as per Annexure-II to ITB along with

amendments if any, all pages including attachments duly numbered, signed & stamped in token of acceptance. Any Exception/ deviations in Tender documents shall be mentioned in Annexure –II itself.

c) Earnest Money Deposit and its details. d) Details of projects (as mentioned in Para 3.1 of NIT) executed in the last Seven

financial years by bidder as per Annexure-III to ITB along with Work Order copies and Completion Certificates for the highest valued similar executed work (as mentioned in Para 3.4 of NIT).

e) The Eligibility Criteria (EC) requirement as mentioned in should be submitted in the

format attached as Annexure-III & IV to ITB.

f) Audited Balance Sheet and Profit & Loss Account/Income & Expenditure Accounts for last three financial years or since the date of incorporation/ registration along with annual turnover statement as per Annexure-VI to ITB.

g) Valid Income-Tax Clearance Certificate/ Assessment orders for the last three years/

copy of the Income Tax return of last three years duly acknowledged by Income tax Department, if applicable.

h) Proposed Organization Chart together with an assignment schedule (by position) for the

execution of this work along with the bio-data of key personnel like Plantation Manager, Agronomist, operation supervisors, Field Assistants etc. as per Annexure V to ITB.

i) Information regarding blacklisting/holiday listing as been provided as per

Annexure- XII j) Copy of PAN No. k) Power of Attorney in favour of authorized signatory of the bid document, if not

applicable, Kindly mention.

l) Organization details:

• In case of a proprietorship firm, the name and address of proprietor, and certified copy of ‘Certificate of Registration’.

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• In case Bidder is a partnership firm, certified copy of the partnership deed, ‘Certificate of Registration of firm’.

• In case of company (whether private or public), certified copy of the

‘Certificate of Incorporation’ together with certified Memorandum/ Articles of Association.

• In case of NGOs and other Civil Society Organizations, certified copy of the

Certificate of Registration together with certified Memorandum/Articles of Association.

• In case of Cooperative society: Certified true copy of the bye laws of the

cooperative society.

m) Latest Solvency Certificate from a scheduled bank.

n) Details of Declaration about the relationship, if any with CHBL's Directors as per Annexure-VII to ITB.

o) Details of Works tax, Sales Tax registration no., Service Tax Registration number &

PF registration number (along with copies attached). p) Any other relevant document, Bidder desires to submit. q) Contract agreement to be signed between CHBL and the L1 (after award of contract)

as per Annexure IX. r) Checklist of submission of bid as per Annexure-XIII to ITB.

2.0 EXPENSES TO BE BORNE BY BIDDER

All expenses in preparation and submission of bids and visits to the office or any place in connection with the preparation of Bid shall be borne by Bidder. CHBL in no case shall be responsible or liable for these costs regardless of the outcome of the Bidding process.

3.0 BIDDER CAN APPLY FOR MULTIPLE CLUSTERS

CHBL intends to award work order for Plantation &maintenance of Jatropha curcas in districts Surguja, Jashpur, Raigarh and Janjgir – Champa of Chhattisgarh. Details of Clusters containing plots are attached as Annexure XI to ITB. Bidder can apply for all or any of the clusters but Purchase Orders will be placed for maximum 20 clusters to any single bidder. In case of clusters having sole bids and a situation arises for allotment of more than 20 clusters to any bidder, CHBL, at its sole discretion may allot more than 20 clusters to any single bidder.

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4.0 EMD AND SECURITY DEPOSIT AND RETENTION MONEY 4.1 EMD:

As mentioned in clause 4. (a) of General Term and Conditions, the Bidder shall deposit EMD by way Demand Draft / Pay Order in favour of M/s CREDA - HPCL BIOFUEL LTD., Payable at Raipur. No interest shall be payable by CHBL for Earnest Money Deposit. Bids not accompanied by Earnest Money are liable to be rejected.

For Bidders applying for more than 1 Cluster, the EMD amount should be as per Para 1.3 of the NIT. In the event amount of EMD deposited by the Bidder is insufficient for the number of Clusters bid for, the bid would be considered only for the Clusters for which EMD amount is sufficient in the order cluster no is mentioned in the tender document for which valid quote is available without any reference to the Bidder.

4.2 SECURITY DEPOSIT:

As mentioned in clause 4 (b) of General Term and Conditions, The Bidder shall have to maintain a security deposit of 1% of the value of the Work order with the CHBL.

For Bidder bidding for more than 1 cluster, work order value will be the sum total of work order value of the clusters assigned by way of contract to such Bidder. It is to be noted that Quote(s) for other than required activities will not be considered for calculation of the Work order value. Security deposit shall be provided by payment in Bank Draft or Pay Order or by Bank Guarantee from a Scheduled Bank (other than a Co-

Operative Bank) in the prescribed form payable at Raipur. The Bank Guarantee shall remain valid for the period 3 months beyond the last date of validity of Agreement period. Within seven days of acceptance of work order by the selected vendor, the Bidder must deposit an amount equal to 1 % of the work order value as security deposit. The EMD deposited by the BIDDER along with the tender shall be converted into security deposit and shall be adjusted against the said 1 % of the work order value. The balance amount of security deposit (if any) needs to be deposited by the successful bidder.

4.3 RETENTION MONEY: As mentioned in clause 7 C of General Term and Conditions, 10% of the every running bill will be deducted from the contractor as retention money.

5.0 BIDDING DOCUMENT NOT TRANSFERABLE

Bidding document once issued shall not be transferable in any other name.

6.0 PRICES, TAXES, DUTIES

The quoted prices shall be deemed to be inclusive of all taxes, duties, octroi, levies, overheads etc. unless separately specified. Income Tax and Works Contract Tax

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or service tax on any of the activities shall be deducted at source as applicable. In the event of any increase or decrease in the taxes or duties, the quoted price shall be accordingly increased or decreased so that there is no additional burden/benefit to the Bidder on account of changes in taxes/duties.

7.0 BID VALIDITY

Bid submitted by Bidder shall remain valid for a period of six month from the last date of submission of tender. Bidder shall not be entitled during this period to revoke or vary the content of Bid or any term thereof. In such case of making any variation subsequent to submission of bid at their own, the offer shall be treated as “REJECTED” and EMD shall be forfeited or Bank Guarantee en-cashed without any reference to the Bidder.

8.0 PRE-BID MEETING

8.1 The prospective Bidder (who has purchased the tender document) or his designated representative may be invited to attend a pre-bid meeting. The time and venue of Pre-Bid meeting shall be communicated to the prospective Bidders. The purpose of the meeting will be to clarify issues and to answer questions on any matter that may be raised at that stage.

8.2 The Bidder is requested to submit any queries or seek any clarification in the

format (Annexure-VIII to ITB) provided herewith by e-mail/courier/fax so as to reach CHBL at least one week before the pre-bid meeting. Any queries raised prior to pre bid meeting will be suitably replied and queries and reply will be hosted on CHBL website for benefit of other bidders.

8.3 The text of the queries raised/clarification sought and the responses given, together

with any responses prepared after the pre-bid meeting will be transmitted (without identifying the sources of the question) to all parties who have purchased Tender document or downloaded from the CHBL/CREDA/HPCL website and confirmed their intentions to bid as per Annexure-I of NIT. Bidders can also seek any clarification from the office of CHBL. Copy of the Clarification sought and CHBL’s reply would be provided to all parties who have purchased Tender document and confirmed their intentions to bid as per Annexure-I of NIT. The Bidder who has downloaded from the website must inform its intention to bid as per Annexure-I, otherwise the Bidder may not receive clarification / addendum issued by CHBL.

8.4 Any modification to the bidding documents that may become necessary due to:

a. New issues emerging at the time of the pre-bid meeting which were not thought of earlier or

b. Clarifications sought by the Bidders or c. Due to any other reason which in the opinion of CHBL requires modification shall

be made by CHBL exclusively through the issue of an Addendum and not through the minutes of the pre-bid meeting.

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All such addendums issued shall form part of tender documents.

9.0 OPENING OF BIDS

9.1 Part - I : Techno-Commercial and unpriced bid shall be opened by CHBL as mentioned under Para 1.10 of NIT. The bid document without EMD in the form of Demand Draft/Pay Order will not be valid and the same is liable to be rejected.

9.2 Part -II : Those Bidders, whose Techno-Commercial and unpriced bid is found acceptable after evaluation of their offers by CHBL, their Price bid shall be opened at a later date in the presence of the authorized representatives of such Bidders. The date of Price bid opening shall be communicated to those Bidders, whose Techno-Commercial and unpriced bid is found acceptable. During opening of Price bid, the name of Bidder, numbers of Clusters for which the Bidders has applied and Bid price(s) shall be read.

10.0 PRICE EVALUATIONS AND AWARD OF WORK

13.1 As mentioned in Special Terms and Conditions (STC) of the Contract, the Bidder(s) are

at liberty to apply for one or more Clusters. 13.2 The bids of those Bidders, whose bids are incomplete or not accompanied by EMD &

tender cost (applicable only for Bidders downloading tender document from the CHBL/CREDA/HPCL website) or Bidder(s) who are Black listed/put on Holiday by CHBL/ Hindustan Petroleum Corporation Ltd.. shall be rejected and not evaluated further. The Techno-Commercial and unpriced bids of other Bidders shall be technically evaluated by CHBL.

13.3 The Price Bids of technically acceptable Bidder(s) shall be evaluated in the

following manner.

I) Step 1- Price bid of all technically qualified Bidders shall be opened. All such valid Quotes shall be evaluated on the basis of weights attached for each quote (as mentioned in ANNEXURE I of Price part). Details of arriving at the total score of the quotes (which will also be the score of a Bidder for any single cluster) is explained in “Methodology of arriving at L1” of ANNEXURE II of Price part. The same methodology shall be adopted for all clusters and total score for each cluster shall be tabulated.

II) Step 2- Lowest price (i.e. L1 bid) for each individual Cluster shall be arrived as per Methodology mentioned above in Step-1. These Clusters shall be allotted to the respective L1 Bidders.

III) Step 3: In the event any Bidder is L1 in more number of Clusters, exceeding the maximum nos. of clusters that can be given to and bidder i.e. allotment process cannot be completed as per STEP 2 above and CHBL may have to consider Award of work of any cluster to next lowest Bidder (i.e L2 bid), which would result in increase in overall cost to CHBL. Hence, lowest overall cost to CHBL would be the deciding factor and

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allotment will be decided on the basis of following order of priority:

• 1st Priority- Where there is only one offer for a particular cluster i.e. which is L1.

• 2nd Priority-Balance left over cases will be decided on the basis of difference between the L2 and L1 bid amount and lowest difference will be given highest priority for award of work to L2 and so on (as allotment on this basis would result in less increase in the overall cost to CHBL).

• In the event more than one bidder qualifies on the basis of above methodology, the bidder having L1 position in less number of clusters would be given priority.

• Number of cluster allotted to the Bidder shall be guided by clause 3 of ITB.

IV) An illustration showing the above evaluation methodology with example is attached in ANNEXURE-III of Price part.

13.4 L1 Bidder shall have to undertake task as mentioned in Scope of Work (Annexure A of

STC).

13.5 CHBL reserve its rights not to award certain Cluster to any Bidder, if in the opinion of CHBL all price quotes for such Cluster are abnormally high or abnormally low.

11.0 CONTRACT AGREEMENT The successful Bidder(s) shall be required to execute a contract Agreement(s) (ANNEXURE IX to ITB) with CHBL as per Performa attached with this document on the non-judicial stamp paper of Rs.100/- (Rupees One hundred only). The cost of stamp paper shall be borne by successful Bidder.

CHBL reserves the right to amend the terms & conditions of contract/PO after mutual discussions and which shall only be in writing at any time during the validity of PO or before placement of PO.


Duration of the contract shall be ONE YEAR only. Contract may be renewed UPTO THREE YEARS from date of the PO, at the sole discretion of CHBL. Purchase order value will be revised upon renewal.

13.0 AMENDMENT OF TENDER DOCUMENT

13.1 CHBL, for any reason whatsoever, may issue amendment in the form of addendum / corrigendum(s) to the tender documents and place it on CHBL’s website at least 3 days in advance of the date fixed or opening of tender during the bidding period and subsequent to receiving the bids. Any addendum thus issued shall become part of tender document.

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13.2 For addendum issued prior to submission of the bids, Bidder shall consider the impact in his Bid. For addendum issued subsequent to receiving the bids, Bidder shall follow the instructions issued along with addendum with regard to submission of impact on quoted price.

14.0 APPLICABLE LANGUAGE

The bid and all correspondence incidentals to and concerning the bid shall be in English Language only.

15.0 COMPLIANCE TO TENDER REQUIREMENT

CHBL expects Bidder’s compliance to the requirement of tender document without any deviation. In any case, no exception or deviation shall be accepted to the following clauses of tender document:

i) Earnest Money Deposit

ii) Bid Validity Period

iii) Security Deposit

iv) Termination

v) Scope of Work

vi) Force Majeure

vii) Arbitration

viii) Preamble to Schedule of Rates

ix) Payment terms

x) Price Bid Evaluation Methodology

Deviation on other clauses, if felt absolutely necessary, should be furnished only in a Proforma given as Annexure-II to ITB. Deviations, if accepted shall be intimated to all Bidders. In case Bidder stipulates deviations, and there are other bids without any deviation, CHBL may reject such bid at its absolute discretion and without giving any opportunity for such Bidder to make good such deficiency.

16.0 PROCESS TO BE CONFIDENTIAL

Information related to examination, clarification, evaluation and comparison of bids and recommendations for award of contract shall not be disclosed to Bidder or other person not officially concerned with such process. Any effort by Bidder to influence the CHBL's processing of bidding or award decisions may result in rejection of such Bidder's bid.

17.0 CHBL’S RIGHT TO ANNUL BIDDING PROCESS OR ACCE PT/REJECT A BID

CHBL reserves the right to accept a bid other than the lowest and to accept or reject any

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bid in whole or part or to annul the bidding process or to reject all bids with or without providing notice or reasons. Such decisions shall be without any liability whatsoever upon the CHBL. CHBL’s decision in this regard shall be final and binding for all Bidders.

18.0 AWARD OF WORK The Bidder, whose bid is accepted by CHBL shall be issued, Fax of Acceptance / Letter of Acceptance (FOA / LOA) prior to expiry of bid validity. Bidder shall return signed &stamped copy of the FOA / LOA to CHBL.

CHBL shall not be obliged to furnish any information / clarification / explanation to the unsuccessful Bidders as regards non-acceptance of their bids. Except for refund of EMD to unsuccessful Bidders, CHBL shall correspond only with the successful Bidder(s).

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ANNEXURE-I TO ITB

FORMAT FOR BID LETTER (On Bidder’s Letter Head)

SUBJECT: PLANTATION AND MAINTENANCE OF JATROPHA CURCUS ON


TENDER NO. CHBL/TEN/CULT/0005

To, Chief Executive Officer, CHBL, Sector-1, Near Mesonet Quarters, New Shantinagar, Shankar Nagar Road, Raipur, Chhattisgarh, India-492007.

Dear Sir,

This is to inform you that the undersigned has got familiarized with the prevailing conditions of the sites. I have also read and understood all the terms and condition of the bid document and also agree to the same.

SIGNATURE OF BIDDER: _______________________

NAME OF BIDDER: _______________________

BIDDER’s SEAL: _______________________

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ANNEXURE-II TO ITB

COMPLIANCE OR EXCEPTIONS DEVIATIONS STATEMENT TO BI D

REQUIREMENTS NAME OF WORK: PLANTATION AND MAINTENANCE OF JATROPHA

CURCUS ON REVENUE WASTELANDS IN SURGUJA, JASPUR, RAIGARH AND JANJGIR- CHAMPA DISTRICTS OF CHHATTISGARH.

TENDER NO. CHBL/TEN/CULT/0005 NAME OF THE BIDDER: SECTION-I We confirm that our bid complies with the total techno-commercial requirement of Tender Document.*

OR SECTION-II We stipulate exceptions and deviations as given below. S.NO PAGE NO. OF BID

DOCUMENT CLAUSE

NO SUBJECT EXCEPTION AND

DEVIATION

All exceptions / deviations taken by Bidder to the stipulations of the Tender Document shall be brought out in Techno-commercial /unpriced bid (and not in the Tender Document or Price Bid) as per this format. Any exceptions / deviations brought out elsewhere in the bid shall not be construed as valid.* * Strike the section which is not applicable. SIGNATURE OF BIDDER: _______________________ NAME OF BIDDER: _______________________ BIDDER’s SEAL: _______________________

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ANNEXURE-III TO ITB

DETAILS OF PROJECT UNDERTAKEN DURING LAST SEVEN YEA RS SUBJECT: PLANTATION AND MAINTENANCE OF JATROPHA CURCUS ON



No. of Clusters applied for allotment of PO: _____________________________________ (however bidder can quote for all the cluster)

Cluster Name / Numbers applied for: __________________________________________

S.NO FULLPOSTALADDRESSOF CLIENT & NAME OF OFFICER-IN-CHARGE

DESCRIPTION OF THE WORK

VALU OF CONTRACT IN RS.

DATE COMMENCEMENT OF WORK

SCHEDULED COMPLTION TIME (MOTHS)

DATE OF ACTUAL COMPLTION OF WORK

REASONS FOR TIME OVERRUN, IF ANY

1 2 3 4 5 6 7 8

3.1 OF NIT

NOTE: 1. Certified copies of Letter of award and completion certificate/proof of payment for

major works shall be submitted along with the bid. 2. In case Bidder has completed the work along with other parties, than the role of the

Bidder in the Total work and value of the work done by the Bidder to be clearly specified in the 3rd and 4th column of above table.


NAME OF BIDDER: ______________________

BIDDER’s SEAL : __________________

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ANNEXUE-IV TO ITB ELIGIBILITY CRITERIA DETAILS



TENDER NO. CHBL/TEN/CULT/0005 No. of Clusters applied for: ____________________________________ ( for allotment, however bidder can Quote for each cluster)

Mention Cluster Numbers for which quote is submitted:_________________________

__________________________________________________________________________

S. NO Pre-Qualification CRITERIA Pre-Qualification details to be furnished by Bidder

1

The Average Annual Turnover of The Bidder during last three preceding financial years. (2012-13, 11-12, 10-11) as per clause 3.2 of NIT.

2 No. of work orders of nature as per clause 3.1 of NIT.

3 Total values of work orders.

4 Name of the Project & Work.

5 Locations of work.

6 Clients name with address & fax no./ E-mail.

7 Type of work.

8 Role of Bidder in the total work.

9 Work Order No. & Date of Project.

10 Total Work order value.

11 Work order value for work done by Bidder.

12 Project duration.

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13 Schedule Completion Date &Actual Completion Date

14 Copy of detailed Work Order/ Agreement enclosed.

YES/NO

15 Copy of Completion Certificate/proof of payment enclosed.

YES/NO

* The Bidder to fill up appropriate figure (Rupees) as per Eligibility Criteria. (Refer ready reckoner table given in clause 3.4 of NIT).


NAME OF BIDDER: _______________________

BIDDER’s SEAL : __________________

Notes: i) Bidder shall fill the Eligibility Criteria details strictly in above format furnishing all

the details. Eligibility Criteria details furnished in any other format/ separately in any other document shall not be considered for evaluation.

ii) The Bidder may use additional sheet for providing details of the work completed. iii) In the event the experience regarding completed work claimed by the Bidder has been

completed jointly with another party/parties, the details and exact role of such other party/parties is required to be furnished separately in additional sheet..

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ANNEXURE-V TO ITB

DETAILS OF PROPOSED ORGANIZATION


. TENDER NO. CHBL/TEN/CULT/0005 (Contactor to provide details of proposed Organisation proposed to involved in this project)

Note No 1: The Bidder shall submit above details of Head Office and site organization proposed to be deployed for execution of the work as mentioned in the tender documents. Bidder shall also furnish the bio-data of site-in-charge and key personnel to be deployed. Note No 2: Bidder agrees to augment the above chart with additional number/ categories, if required and directed by CHBL, to complete the work within the completion time schedule.

SIGNATURE OF BIDDER : _______________________

NAME OF BIDDER : _______________________

BIDDER’s SEAL :

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ANNEXURE-VI TO ITB

ANNUAL TURNOVER STATEMENT



FINANCIAL YEAR ANNUAL TURNOVER (Rs.) in Lakhs

2010-11

2011-12

2012-13

NOTE No 1: The Bidder shall indicate herein his annual turnover during preceding 3 financial years based on their audited financial statements.

NOTE No 2: Certified copies of audited balance sheets/ Statement of Affairs with Profit & Loss account/Income and Expenditure account for last 3 years shall be enclosed along with the bid. However, printed copies of the same need not be self-certified.

NOTE No. 3: In case, the bidder does not possess Audited annual accounts for 2012-13, he may provide audited annual Turnover details of 2011-12, 2010-11 & 2009-10. However, the bidder has to submit audited annual turnover details of 2012-13 within 30 days of award of contract. The average annual turnover, then, for the past three years (2012-13, 2011-12 & 2010-11) shall as per the ready recknor (as mentioned in 3.4 of NIT) failing which cluster as per his eligibility will be made available to the Contractor.


NAME OF BIDDER: ______________________

BIDDER’s SEAL : __________________

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ANNEXURE-VII TO ITB

DECLARATION OF RELATIONSHIP WITH DIRECTOR SUBJECT: PLANTATION AND MAINTENANCE OF JATROPHA CURCUS ON



This has reference to our bid for plantation and maintenance of Jatrophacurcas on planted revenue wastelands in Surguja, Jaspur, Raigarh and Janjgir – Champa districts of Chhattisgarh. For the purpose of Section 297 / 299 of the Companies Act 1956, we certify that to the best of my / our Knowledge:

(i) I am not a relative of any Director of CHBL;

(ii) We are not a firm in which a Director of CHBL or his relative is a partner;

(iii) I am not a partner in a firm in which a Director of CHBL or his relative is a partner;

(iv) We are not a private company in which a Director of CHBL is a member or a Director;

(v) We are not a company in which Directors of CHBL hold more than 2% of the paid up share capital of our company or vice versa

Note : Please make suitable changes if any of the above statements are not correct.

SIGNATURE OF BIDDER : _______________________

NAME OF BIDDER : _______________________

BIDDER’s SEAL : _______________________

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ANNEXURE-VIII TO ITB

BIDDER’S QUERIES & CHBL’s REPLY



S.NO SEC.NO PAGE NO OF BID DOCUMNENT

CLAUSE NO.

SUBJECT BIDDER’S QUERY

CHBL REPLY

Note: The Bidder’s queries may be sent by fax to 0771-2534451(Tele-fax number) and also by e-mail to [email protected], with copy to before the last date for seeking Bidder’s clarifications/queries.


NAME OF BIDDER: _______________________

BIDDER’s SEAL: ______________________

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ANNEXURE - IX To ITB

FORMAT OF CONTRACT AGREEMENT

THIS CONTRACT is made at RAIPUR (Chhattisgarh) this……………… day of 20___ BY AND BETWEEN CREDA - HPCL BIOFUEL LTD. , a company registered under the Companies Act 1956, having its registered office at Sector-1, Near Mesonet Quarters, New Shanti nagar, Shankar Nagar Road, Raipur, Chhattisgarh, India-492007(Hereinafter referred to as the "CHBL" which expression shall unless repugnant to the context include its successors and permitted assigns) of the one part;

AND _________*__________ , [a sole proprietor carrying business under the name and style of___________________] having its place of business at [____] ] [ a partnership firm registered under the Partnership Act 1949 and carrying business under the name and style of [_______] having its registered address as [__________] ] [a company incorporated under the Companies Act 1956 and having its registered office at [_______] ] [ a NGO having its office at____________________] (hereinafter referred to as the "Contractor'' which expression shall unless repugnant to the context include its executors, administrators, representatives and permitted assigns) of the other part:

[CHBL and _________________ (Please insert) shall be individually referred to as the "Party" and together as the "Parties". WHEREAS: A. CHBL is desirous of getting executed the work of “PLANTATION AND

MAINTENANCE OF JATROPHA CURCUS ON REVENUE WASTELANDS IN SURGUJA, JASPUR, RAIGARH AND JANJGI R- CHAMPA DISTRICTS OF CHHATTISGARH. ” which is more specifically mentioned and described in the Contract Documents (hereinafter referred to as the ''Work'', which expression shall include all amendments therein and/or modifications thereof); and

B. CHBL has accepted the bid tendered by the Contractor towards execution of the Work; C. The Parties are desirous of recording their entire mutual agreement and understandings

towards execution of the Work on the terms and conditions set forth in this Contract

NOW, THEREFORE THIS CONTRACT WITNESSETH as follows:

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ARTICLE – 1

CONTRACT DOCUMENTS 1.1The following documents shall constitute the Contract Documents, namely:

a. This Contract Agreement; b. Letter of Acceptance (LoA) of Tender along with Fax of Intent;. c. Tender Documents (as defined in the General Terms and Conditions (GTC) of

Contract and shall also include the General Terms and Conditions(GTC) of Contract and Special Terms and Conditions(STC) of Contract).

d. Any written communication sent to all the Tenderers before execution of this contract and related to this Tender.

e. Purchase Order

1.2A copy of the Letter of Acceptance of tender along with annexure thereto and/or a copy of Fax of Intent dated ________are annexed hereto as Annexure '1'.

1.3 All these Contract Documents shall constitute the entire Agreement between the Parties on the subject matter.

ARTICLE – 2 WORK TO BE PERFORMED The Contractor shall perform the Work upon the terms and conditions and within the time specified in the Contract Documents.

ARTICLE - 3 COMPENSATION Subject to and upon the terms and conditions contained in the Contract Documents, CHBL shall pay Contractor compensation as specified in the Contract Documents upon the satisfactory completion of the Work and/or otherwise as may be specified in the Contract Documents.

For and on behalf of For and on behalf of CREDA - HPCL BIOFUEL LTD.(CHBL) ....................................................... by ................................................................................ (CONTRACTOR) by______________________ on the date and at the place mentioned above in the presence of :

1 1

2 2

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ANNEXURE - X TO ITB

FORMAT FOR ADVICE OF BIDDER DETAILS (On the Letterhead of the Bidder)

Date: To, CEO, CREDA-HPCL BIOFUEL LTD Sector-1, New Shantinagar, Shankarnagar Road, Raipur, Chhattisgarh, 492007 Tel No.: 0771-2430036, Fax No.:0771-2534451 Dear Sir, With reference to the Purchase order bearing No :____________.Contract dated_______ awarded to us by CHBL, we hereby give our consent to accept the related payments of our claims/bills on CHBL through Cheques or Internet based online E-payments system at the sole discretion of CHBL. Our Bank account details for the said purpose are as under: S.NO PARTICULARS DETAILS 1 Name and address of the Bidder 2 Account Number of the Bidder 3 Account type (CA/CC/SB) 4 Name & Address of the Bank and Branch (where

payments are to be sent by CHBL)

5 Branch Name/Code 6 The 09 Digit MICR code of the Branch (as appearing

on the MICR Cheque)***

7 IFSC/RTGS Code of the Bank Branch 8 Any other Particulars (to be advised by Bidder for

the E payments purposes)

*** (please attach a blank copy of the cancelled cheque/photocopy of the cancelled cheque issued by your bank relating to the above account Number for verifying the accuracy of the 09 digit MICR code number . I / We hereby declare that the particulars given above are correct and complete

Date:/Place

(Encl: one cheque/photocopy of cheque duly cancelled)

Signature of Bidder Bidder’s seal

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ANNEXURE- XI TO ITB

Plot wise details of Clusters

a) Details of clusters located across various districts

Cluster Sr. No. Clusters

Plot Sr. No.

District Tehsil Village Area

(in Ha)

1 S-4 4 Surguja Premnagar Vrindawan 20

Total 20

2 S-5 1 Surguja Pratappur Badwar 50

Total 50

3 S-6 1 Surguja Lundra Kundikala 20

2 Surguja Lundra Dakai 19.86

Total 39.86

4 S-8

1 Surguja Wadrafnagar Mahewa 10

2 Surguja Wadrafnagar Mahewa 10

3 Surguja Wadrafnagar Langdi 25

Total 45

5 S-9

1 Surguja Premnagar Salkha 15

2 Surguja Premnagar Hanumangarh 13.15

3 Surguja Ramanujnagar Madanpur 12.3

Total 40.45

6 S- 17 1 Surguja Udaypur Visnupur 10.76

2 Surguja Udaypur Manoharpur 15

Total 25.76

7 S-18 1

Sarguja Shankargarh Sarima 9.00

Sarguja Shankargarh Sihar 25.00

Total 36.00

8 S-19 1 Surguja WadrafNagar Mahewa 50.00

Total 50.00

9 S-20 1 Surguja WadrafNagar Gurmuti 50.00

Total 50.00

10 S-21 1 Surguja Shankargarh

Karaasi/ Kanchannagar

50.00

Total 50.00

11 S-22 1 Surguja Ramanujnagar Madanpur 12.30

2 Surguja Ramanujnagar Kalipur 10.00

Total 22.30 Total Area in Surguja 428.37

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Sr. No. Clusters Plot

Sr.No. District Tehsil Village Area

(in Ha)

12 J-1

1 Jashpur Bageecha Mahuadeeh 15 2 Jashpur Bageecha Maraul 16

3 Jashpur Bageecha

Chamaara- Laengra

6

13 J-2

Total 37 1 Jashpur Bageecha Damkoda 2 2 Jashpur Bageecha Kurrog 10 3 Jashpur Bageecha Saraipaani 8

14 J-3

Total 20 1 Jashpur Bageecha Pasiya 12.7 2 Jashpur Bageecha Durgapaara 12.3 3 Jashpur Bageecha Maini 4 4 Jashpur Bageecha Ghughri 14 5 Jashpur Bageecha Baankabehri 2

15 J-4

Total 45 1 Jashpur Pathalgaon Sukhrapaara 13 2 Jashpur Pathalgaon Chandarpur 16 3 Jashpur Pathalgaon Maakarchuwan 5 4 Jashpur Pathalgaon Paemla 5.2

16 J-5

Total 39.2 1 Jashpur Pathalgaon Dharjiabathan 15 2 Jashpur Pathalgaon Joradol 9.2 3 Jashpur Pathalgaon Tildaega 8 4 Jashpur Pathalgaon Tildaega 13.36 5 Jashpur Pathalgaon Maakarchuwan 5

Total 50.56

17 J6

1 Jashpur Jashpur Paandul 5.00 2 Jashpur Jashpur Gholaeng 5.00 3 Jashpur Jashpur Neemgaon 7.00 4 Jashpur Jashpur Tikaetganj 3.00 5 Jashpur Jashpur Bargaon 7.00 6 Jashpur Jashpur Balachapur 2.00 7 Jashpur Sanna Thonthropaath 12.00 Total 41.00

18 J7

1 Jashpur Kunkuri Ginabahar 6.00 2 Jashpur Kunkuri Ginabahar 4.00 3 Jashpur Kunkuri Ginabahar 4.52 4 Jashpur Kunkuri Kurkunga 10.00 5 Jashpur Kunkuri shritoli 5.00

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6 Jashpur Kunkuri Jokaari 10.49 Total 40.01

19 J8

1 Jashpur Duldula Chatakpur 8.50 2 Jashpur Duldula Loro 2.22 3 Jashpur Duldula Patratoli 3.62 4 Jashpur Duldula Chaerdaand 12.98 5 Jashpur Duldula Chaerdaand 3.24 6 Jashpur Duldula Chaerdaand 3.00 Total 33.56

20 J9

1 Jashpur Duldula kastura 1 10.00 2 Jashpur Duldula Kastura 2 5.00 3 Jashpur Duldula Khutitoli 1.00 4 Jashpur Duldula Gidhasaand 8.00 5 Jashpur Duldula patratoli 4.00 6 Jashpur Duldula Khatanga 2.00 Total 30.00

21 J10

1 Jashpur kansabael Khatangkhar 4.50 2 Jashpur kansabael Kudrajharia 3.00 3 Jashpur kansabael Rajauti 10.50 4 Jashpur Kansabael Dhudrudaand 4.50 5 Jashpur kansabael Jaamunda 10.00 6 Jashpur kansabael Batakala 10.00 Total 42.50

22 J-11 1 Jashpur Pathalgaon Mayurnacha 5.00 2 Jashpur Pathalgaon Shivpur 10.00

23 J-12

Total 15.00 1 Jashpur Jashpur Timralal A&D 20.00 2 Jashpur Jashpur Jhargaon A&B 15.00 Total 35.00

24 J-13 1 Jashpur Kunkuri Korvabahari 10.00 2 Jashpur Kunkuri Ghatmunda 10.00 3 Jashpur Kunkuri Jaamchuwan 1.40

25 J-14 Total 21.40 1 Jashpur Duldula Kaendapani 1&2 50.00 2 Jashpur Duldula Patratoli 3&4 4.00

Total 54.00 Total Area in Jashpur 504.23

Cluster Sr. No. Clusters

Plot Sr. No.

District Tehsil Village Area

(in Ha)

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26 RG-1

1 Raigarh Lailunga Regri 13

2 Raigarh Lailunga Kunjara 12

3 Raigarh Lailunga Jharan 7

Total 32

27 RG-2

1 Raigarh Lailunga Salkhiya-1 8.5

2 Raigarh Lailunga Salkhiya-2 6

3 Raigarh Lailunga Salkhiya-3 14

Total 28.5

28 RG-11 1 Raigarh Kharsiya Barbhauna 20

2 Raigarh Kharsiya Barbhauna 9

Total 29

29 RG-13

1 Raigarh Kharsiya Kukricholi 11.5

2 Raigarh Kharsiya Tendumurhi 6

3 Raigarh Kharsiya Jhintipaali 13

4 Raigarh Kharsiya Binchkot 6

Total 36.5

30 RG-17 1 Raigarh Lailunga Ammapali 20

2 Raigarh Lailunga Ammapali 20

Total 40

31 RG-18 3 Raigarh Lailunga Angekela 20.5

Total 20.5

32 RG-19 1 Raigarh Bakaruma Charkhapara 56.00 Total 56.00

33 RG-20 1 Raigarh Baramkela Hattapaali 11.00 2 Raigarh Baramkela Bade Nayapara 25.00 Total 36.00

34 RG-21 1 Raigarh Baramkela Jhaal 21.00 2 Raigarh Baramkela Bade Ammakoni 15.00 Total 36.00

35 RG-22

1 Raigarh Pusaur Navapara A 5.00 2 Raigarh Pusaur Devalsura 20.00 3 Raigarh Pusaur Tarda 5.00 4 Raigarh Pusaur Kathani 14.00 Total 44.00

36 RG-23

1 Raigarh Pusaur Kathani 20.00 2 Raigarh Pusaur Gutku 5.00 3 Raigarh Pusaur Ruchida 20.00 4 Raigarh Pusaur Pusour 5.00 Total 50.00

37 RG-24 1 Raigarh Raigarh Pandripani 8.00 2 Raigarh Raigarh Pandripani 8.50

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3 Raigarh Gharghoda Dokarburra 6.00 Total 22.50

Total Area in Raigarh 431

Sr. No. Clusters Plot

Sl.No. District Tehsil Village Area

(in Ha)

38 JC-1

1 Janjgeer Bamnidieh Jharra 15.00 2 Janjgeer Bamhnideeh Rohda 5.00 3 Janjgeer Bamhnideeh Bhadra 10.00 Total 30.00

39 JC-2

1 Janjgeer Jaijaipur Akalsara 8.00 2 Janjgeer Sakti Manikpur 4.00 3 Janjgeer Baloda Mahuda B 15.00 Total 27.00

Total Area in Janjgir-Champa 57.00

TOTAL AREA – 1420.27 ha Note:

i) Areas as mentioned above are indicative in nature and hence are liable for change based on situations that maybe beyond the control of CHBL.

ii) In case a site /cluster is not worked upon due to some unavoidable reasons, CHBL may

allot another site to contractor for carrying out the work. The area of the newly allotted site may be more or less than the actual land allotted to the contractor for work. In that case the rates for carrying out the work on newly replaced site shall be same as that quoted by the contractor for the site/cluster to be replaced. If a single or more sites is allotted to the contractor in lieu of unworkable sites from two or more clusters, the rates for carrying out the work at these replaced sites shall be decided by CHBL on the basis of rates quoted by the contractor for the nearest site/cluster. These rates decided by CHBL shall be binding on the contractor.

iii) CHBL may include some plot or may exclude some plot from above clusters. However

location of the included plot will be within range of 100 km from the existing plots.

iv) Bidders are advised to make prior visits to above mentioned plots before quoting price for activities mentioned as in Annexure A to STC.

v) Efforts are on to gather more field information and upon receipt of the same will be shared with the bidders.

vi) In case of any difficulty in locating plots, Bidders may contact following officers

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For Surguja, and Jashpur Districts : Mukul Pande - 8959596060 For Janjgir-Champa and Raigarh Districts: Harinder Singh - 8959592692

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ANNEXURE- XII to ITB

PROFORMA OF DECLARATION OF BLACK LISTING/ HOLIDAY L ISTING (On Non-Judicial Stamp Paper as prescribed in the respective State)

In the case of a Individual / Proprietary Concern: I hereby declare that neither I in my personal name or in the name of my Proprietary concern M/s. ____________________________________________which is submitting the accompanying Bid/Tender nor any other concern or firm or company in which I am/was a proprietor or partner or director has been placed on Black List or holiday list declared by CREDA - HPCL BIOFUEL LTD(CHBL)Or INDIANOIL CREDA BIOFUEL LTD (ICBL) CREDA/CBDA or Hindustan Petroleum Corporation Limited. Except as indicated below: (Here give particulars of blacklisting or holidays listing, and in absence thereof state “NIL”) In the case of a Partnership Firm :

We hereby declared that neither we, M/s____________________________, submitting the accompanying Bid/Tender nor any partner of the said firm either in his individual capacity or as partner or director of the firm or concern or company have or has been placed on blacklist or holiday list declared by CREDA - HPCL BIOFUEL LTD.(CHBL) or INDIANOIL CREDA BIOFUEL LTD (ICBL) or Hindustan Petroleum Corporation Ltd. or CREDA / CBDA except as indicated below:

(Here give particulars of blacklisting or holidays listing, and in absence thereof state “NIL”)

In the case of Company:

I the authorised representative [Name of person making declaration] hereby confirm, declare and represent on behalf of [Name of company] that neither the company [Name of company] nor any director of the company has not been placed on any holiday list or black list declared by CREDA - HPCL BIOFUEL LTD.(CREDA) or INDIANOIL CREDA BIOFUEL LTD (ICBL) or Hindustan Petroleum Corporation Ltd. or CREDA / CBDA except as indicated below :


In the case of NGO:

I the authorised representative [Name of person making declaration] hereby confirm, declare and represent on behalf of [Name of organisation] that neither the Organisation [Name of NGO] nor any director of the NGO has not been placed on any holiday list or black list declared by CREDA - HPCL BIOFUEL LTD.(CREDA) or INDIANOIL CREDA BIOFUEL LTD (ICBL) or Hindustan Petroleum Corporation Ltd. or CREDA / CBDA except as indicated below :

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It is understood that if this declaration is found to be false in any particular, CREDA – HPCL BIOFUEL LTD (CHBL) shall have the right to reject my/our bid, and if the bid has resulted in a contract, the contract is liable-to be terminated. Place: Signature of Bidder:

Date: Name of signatory:

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ANNEXURE - XIII TO ITB

CHECK LIST FOR SUBMISSION OF TENDER



. TENDER NO. CHBL/TEN/CULT/0005

(Mark √ Appropriately as Applicable

1. All pages of the bid submitted have been consecutively numbered, signed and stamped by Yes No the authorized person(s) and indication given on the front page of the bid as to the number of pages contained in the bid.

2. Confirm all rates have been filled without any

Condition& deviation and submitted in the manner Yes No as given in the tender document.

3. Confirm EMD and Tender fees (if applicable, based on Yes No No. of cluster applied for allotment, however quote can be submitted for all the clusters) is submitted with the offer in Envelop no 1.

Details of EMD - Value Rs. _______________

Value of Tender fees (if applicable) Rs. ______________________

Demand Draft / Pay Order No. ____________________

Issuing Bank Name ______________________________

Date of D.D. / P.O. ______________________________

4. Eligibility Criteria and Details of Similar Works

Executed in the last 7 (Seven) years in the Performa Yes No Enclosed in the tender /bidding document

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5. Details of project undertaken during last 7 (Seven) Yes No

years have been attached with the bid.

6. Copies of Annual Turnover statement and Audited Yes No annual accounts for last three years have been attached.

7. PAN No. Submission. Yes No

8. Proposed Organization Chart together with an Yes No

assignment schedule (By position), proposed for the execution of this work along with the Bio-data of key personnel as per Annexure-V to ITB.

9. Original Tender / Bidding document along with Yes No Addendum, if any.

10. Information regarding blacklisting / holiday listing Yes No according to appropriate type of firm / concern The Bidder having as mentioned in Annexure XII to ITB.

Note: The Bidder is requested to tick in appropriate boxes for all 10 items mentioned above.


NAME OF BIDDER: _______________________

BIDDER’s SEAL: ______________________

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CHAPTER-3

SPECIAL TERMS AND CONDITIONS (STC) OF CONTRACT

INDEX TO SPECIAL TERMS AND CONDITIONS OF CONTRACT CL.NO. DESCRIPTION

1.0 GENERAL

2.0 SCOPE OF WORK

3.0 LOCATION/SITES FOR PLANTATION AND MAINTENANCE

4.0 CLUSTER FORMATION

5.0 CARRYING OUT WORK

6.0 PAYMENT METHODOLOGY

7.0 PAYMENT AND RELATED TERMS AND CONDITIONS

8.0 RATES

9.0 TIME OF COMPLETION

10.0 REASONABILITY

11.0 STATUTORY OBLIGATION

12.0 NEGLIGENCE OF WORK

13.0 FORMATS / REPORTS / RECORDS

14.0 QUALITY CONTROL

15.0 INTELLECTUAL PROPERTY

ANNEXURE-A SCOPE OF WORK AND TIME SCHEDULE FOR ACTIVITY

ANNEXURE-B BANK GUARANTEE FORMAT AND SECURITY DEPOSIT

ANNEXURE-C PAYMENT SCHEDULE

ANNEXURE-D REPORTING FORMAT

ANNEXURE-E CHBL POLICY FOR LAND SELECTION

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SPECIAL TERMS AND CONDITIONS (STC) OF CONTRACT 1.0 GENERAL 1.1 Special Terms and Conditions of Contract shall be read in conjunction with the

General Terms and Conditions of Contract and all other documents forming part of this contract. Notwithstanding the sub-divisions of the document into these two sections, every part of each shall be deemed to be supplementary to and complimentary of every other part and shall be read with and into the document as far as it may be applicable to do so.

1.2 Where any portion of the General Terms and Conditions of Contract is repugnant to or

at variance with any provision of Special Terms and Conditions of Contract, then unless a different intention appears, the provisions of Special Terms and Conditions of Contract shall override the provisions of General Terms and Conditions of Contract, and shall to the extent of such repugnancy or variation prevail.

2.0 SCOPE OF WORK

The scope of the entire work under this tender would in general but not limited to the following, which briefly comprises;

“ PLANTATION AND MAINTENANCE OF JATROPHA CURCUS ON REVENUE WASTELANDS IN SURGUJA, JASPUR, RAIGARH AND JANJGIR- CHAMPA DISTRICTS OF CHHATTISGARH. “

The detailed scope of work and time schedule is attached as Annexure - A of STC 3.0 LOCATION / SITES FOR PLANTATION AND MAINTENANC E 3.1 The plantation sites are located in Surguja, Jaspur, Raigarh and Janjgir – Champa

districts. The list of plots in these districts is mentioned in Annexure XI to ITB. 3.2 The Contractor shall at all times ensure that his/its representative(s) is/are available for

proper administration and supervision of the Work.

3.2 The Contractor shall provide the details of the manpower (including number of skilled, semi-skilled and unskilled labour/ manpower proposed to be deployed by him/it for carrying out the Work mentioned in the Contract to ensure that adequate manpower is deployed at all stages of Work commensurate to the Work requirements.

3.3 The Contractor shall on award of the Contract, furnish a list containing names and

addresses of his supervisors/managers, so that in the event of any contingency and non-

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availability of Contractor, they can be contacted by CHBL. 4.0 CLUSTER FORMATION 4.1 Cluster details in various districts of Chhattisgarh are as per Annexure XI to ITB.

However. It is on these clusters that plantation and maintenance activity is to be carried out. some clusters effective plantation area may differ because of undulation, existing large trees/shrubs, and bamboos on plots

4.2 CHBL may allot new sites to the contractor in event of decrease in GPS utilizable area

in cluster. In that case the rates for newly allotted sites shall be decided as mentioned in Annexure XI of ITB.

CHBL decision regarding above shall be final and binding on the contractor. 4.3 For all payment related issues where area measurement forms the basis for payment then

Area as measured by Global Positioning System (GPS) will be binding on the Contractor.

5.0 CARRYING OUT WORK 5.1 The Contractor will have to complete the whole work as laid down in the Scope of Work

(Annexure A of STC) to its full completion and shall in no way be half done or incomplete. Any incomplete work will make the Contractor liable for Liquidated damages as mentioned in Clause 10of GTC.

5.2 The Contractor will work in close co-operation and co-ordination with other agencies

involved in the project. 5.3 The Contractor may have to deploy and execute job during holidays and Sundays

according to the time schedules and quantity of work. 5.4 All works shall be executed with skilful workmanship. No extra cost shall be paid on

this account. 5.5 Number of dead plants/plants with stunted growth that are to be replaced with healthy

saplings will be decided jointly by authorized representatives of the Bidder &CHBL. 5.6 In case where Mortality replacement activity is to be carried out, the Contractor will be

subjected to the conditions and obligations as mentioned in Clause 7.5 of this STC. 5.7 All the agri input material to be used shall be got approved by CHBL before starting the

work. The randomly drawn sample of the material shall be tested by CHBL in an authorized lab to check for quality norms.

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5.8 The Contractor shall not disturb the harmony of the villages because of its conduct /

behaviour. The Contractor shall be fully responsible about the conduct of his employee and ensure that their behaviour with the employees of CHBL, supervisors, officers, residents, is always good and cordial. If it is found that the conduct or skill of any person employed by the Contractor is unsatisfactory, the Contractor shall have to remove the person concerned and engage a new one. The decision of CHBL in regard shall be final and binding on Contractor.

5.9 The Contractor shall carry out required supervision as per Quality Assurance and

Monitoring Plan and furnish all assistance required by the CHBL in carrying out inspection work. The CHBL will have authorized representatives, who would have free access to the work at all times. If an CHBL’s representative notifies the Contractor’s representative of any deficiency, the Contractor shall make every effort to carry out such instructions consistent with best industry practice.

5.10 The Contractor shall at his own expense provide all assistance including manpower,

tools etc. which CHBL team may require for checking and verifying the works. 5.11 The Contractor will familiarize itself/himself/herself with and obtain information and

details about the land and its surrounding environment on their own cost. 5.12 The Contractor, on award of contract, shall visit the location/ site/ cluster and provide

necessary information regarding it as per Annexure- E of STC. The Contractor shall furnish required documents as mentioned in Annexure-E.

5.13 CHBL reserves their right to execute any additional works / extra works, during the

execution of work, either by themselves or by appointing any other CONTRACTOR, even though such works are incidental to and necessary for the completion of works awarded to the Contractor. In the event of such decisions taken by CHBL, Contractor is required to extend necessary cooperation, and act as per the instructions of CHBL.

5.14 The Contractor shall provide for purposes of inspection, monitoring and verification the

required assistance as asked by CHBL at their own cost. 5.15 The Contractor shall provide the details of proposed organization structure for carrying

out the work mentioned in the contract. 5.16 The Contractor shall be responsible for the safe custody and safe transit of saplings from

the nodal Points/ site (s) decided by CHBL for receiving of saplings to plantation site(s) (within 50Km) and also for all the agri-inputs, ( if applicable), including any materials incidental to the requirement of the work , etc. Procured/provided by/to the Contractor. The Contractor shall also ensure that no damage is caused to standing crops due to movement of tractor/trolley or due to any other activities undertaken during the execution of the Work.

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Any loss arising from damage, pilferage or breakage of any agri-inputs, Jatropha

saplings, including any materials incidental to the requirement of the work, etc. as mentioned above and/or damage to standing crops shall be to the cost of and responsibility of the Contractor. In case the Contractor fails to make good the aforesaid losses, the CHBL shall be at liberty to recover the cost of these items from the Security Deposit/running bills and the other dues payable by the CHBL to the Contractor.

5.17 In case of delay of transplanting of saplings, the contractor shall arrange for the safe

keeping of saplings until the completion of transplanting activity. In above cases contractor shall compulsorily prepare trenches as per the directions of

CHBL authority for safe parking/storage of saplings until the completion of transplantation. Meanwhile, regular water shall be sprinkled in the trench for maintaining saplings in healthy condition.

In case, the contractor fails to carry out the above mentioned activities and mortality is

noticed in received saplings, penalty shall be levied on the contractor as per clause 12 of STC

5.18 Contractor shall be permitted to enter upon and use the Project Location(s) as identified

by CHBL as a Licensee only for the purpose of execution of Contract. The Contractor shall not be permitted to make, any structural additions or alternations to the same without the prior approval in writing of the CHBL. License granted to the Contractors to enter upon and use the Project Location(s) shall automatically stand cancelled on the contract getting terminated by effect of time or action of CHBL and the Contractor and shall be liable to vacate the Project Location forthwith, failing which the Contractor shall be treated as unauthorized occupant and be liable accordingly.

5.19 The Contractor shall ensure that local labour, skilled and/ or unskilled, to the extent

available shall be deployed in this work. In case of non-availability of suitable local labour labour from outside may be deployed.

5.20 The Contractor has to complete the activities as per time lines stipulated in the Time

Schedule. In case of any increase/decrease in manpower is required in order to complete the Work in time, the Contractor shall have to arrange for the same at no additional cost to the CHBL.

5.21 The Work is time bound and has to be strictly carried out in accordance with the Time

Schedule bound and the Contractor shall maintain both speed and quality. 5.22 The Contactor shall dispose of garbage, malba, rubbish and other unserviceable

materials and waste at its own cost to area(s) notified/specified by the CHBL’s Representative. Additionally, the Contractor shall ensure the disposal of waste water safely and shall also ensure compliance with the applicable laws relevant to avoid

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contamination and depletion of water sources. 5.23 CHBL and the Contractor shall prior to execution of the Work jointly (and if found

\necessary, with the local community and/or the concerned forest department) identify rare threatened or endangered species and high conservation value habitat (“Identified Biodiversity”). Once identified, the Contractor shall during execution of the Work take all such steps as are necessary to avoid adversely impacting the “Identified Biodiversity”.

6.0 PAYMENT METHODOLOGY: 6.1 Since the bid amount for each Cluster may varies, claims for different Clusters should be

submitted separately by the Contractor and payment for each Cluster will be treated as separate assignment. Contractor will submit the plot wise claim for each Cluster separately after achievement of milestones against the activity assigned for that Cluster (Annexure C to STC). In other words for all practical purposes, each Cluster would be treated as a separate unit/assignment. CHBL shall have the right to set off any amount due from the Contractor towards liquidated damages/risk purchase against any matured payment due towards the Contractor by CHBL.

6.2 The Contractor will submit plot wise claim for each activity completed in the Cluster.

After submission of claims with all supporting documents in proper form ,CHBL’s representatives will verify the claim . If the claim is found correct as per verification report the payment shall be released within 30days after submission of claims by the Contractor.

6.3 Certification of job/quantity will be basis for effecting payments. For this purpose

reporting formats are provided. 6.4 In case the contractor is not satisfied with verification report, conducted by CHBL’s

representative. A re-verification of the same activity would be carried out by joint verification team comprising representatives of Contractor and CHBL/Third Party appointed at sole discretion of CEO CHBL.

6.5 During verification by CHBL’s representative or Joint verification, if the

work/activity is found to be incomplete or inadequate, the Contractor would be asked to complete the said work within the time frame as decided by CHBL’s Representative. Subsequent joint verification for such activity by the representatives of both parties will be again carried out. The work/activity in question is found incomplete or inadequate, even after the joint verification, CHBL reserve the right to recover liquidated damages as per GTC and/or terminate the Contract as per GTC.

6.6 CHBL shall have the power to reduce the rates at which payments shall be made, if the

quality of the Work upon Verification is found to be not up to the required standard.

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CHBL shall also have the power to Order the Contractor to remove any inferior items from the Project Location(s) or rectify any work of inferior workmanship. If the Contractor fails to do the Work as directed, CHBL may arrange for any such Work to be rectified by any other agencies at the Contractor’s cost and expenses. During progress of the Work, CHBL may issue to the Contractor from time to time, such further instructions which shall be necessary for the purposes of proper and adequate execution and maintenance of the Work and the Contractor shall carry out the Work as directed and shall be bound by such directions/Instructions.

6.7 CHBL shall be entitled at its discretion, before or during the execution of the Work

through issuance a written notice to alter and/or amend the specifications of the Work including alter/amend the Scope of Work. The Contractor shall be required to carry out the Work related to such altered/amended specification and/or Scope of Work on the terms and conditions as contained in the Contract Documents subject however to the understanding that any work not covered under the original Scope of Work as contained in the Tender Document shall be carried out against remunerations payable based on the prevailing market rate. The CEO of CHBL’s opinion in relation to the nature and quantum of Work falling outside the original Scope of Work and prevailing market rate for the same shall be final and binding on the Contractor.

6.8 Rates of all materials required under the provision of this Contract (unless otherwise

communicated by CHBL in writing) are inclusive of cost of transport, profit, interest, insurance, overhead and all other duties, royalties, VAT and taxes etc. as may have to be incurred by the Contractor for getting the respective materials at the Project Location(s).

6.9 All expenses towards mobilization at the Project Location(s) and demobilization

including bringing in equipment, work force, materials, assembling the equipment, work force, materials, dismantling the equipment, clearing the Project Location(s) etc. shall be deemed to be included in the prices quoted and no separate payments on account of such expenses shall be entertained.

7.0 PAYMENT RELATED TERMS AND CONDITIONS 7.1 Payment will be made to the Contractor after completion of the respective milestones

as per Annexure C to STC and quantitative and qualitative verification for each Cluster. The Contractor will give intimation to CHBL upon completion of the activity in appropriate reporting format as per Annexure D to STC. The verification will be done by CHBL’s Representative and payment shall be made within 30days of submission of claims. Payment against each activity as mentioned under Payment Schedule will be made only when respective milestone is completed and verified for each Cluster for which claim has been made. The payment will be made separately for activities related to planting of new saplings and for plantation and maintenance of existing plants (refer Annexure-A to STC)

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7.2 If payment could not be made after 30days of submission of bills due to incomplete verification or for other reasons, payment of running bills will be made on provisional basis subject to appropriate adjustment after final verification in subsequent payments.

7.3 The release of payment for a completed activity in all the plots shall be limited to the

payment ceiling formula as defined in Annexure-C to STC. 7.4 Measurement of Work/Activity- Measurement and Verification of the activity will be

done at the Plantation site. Measurement of Activity will be done as per Annexure C to STC. 7.5 The Contractor and its representatives shall remain alert and vigilant regarding health of

the plants and disease related symptoms and shall take prompt action to avoid any spread of disease or further deterioration in the health of plants in consultation with CHBL. Contractor shall also take all reasonable care and precautions to avoid any physical or mechanical damage to the plants during any activity and thus limit the mortality of plants. In case of mortality replacement, payment would be made as follows:

Mortality Range(%)

Payment Condition

≤ 10 All cost involved will be paid

10 ≥ 15 Upto 10% mortality 100% of Q10* + 50 % of Q10 for rest of the mortality replacement

15 ≥ 20 Upto 10% mortality 100% of Q10 + 50 % of Q10 for 10 to 15% mortality replacement + 30 % of Q11 for rest of the mortality replacement

> 20 Upto 10% mortality 100% of Q10 + 50 % of Q10 for 10 to 15% mortality replacement + 30 % of Q10 for 15 to 20% Mortality replacement. Contractor has to replace all plants beyond 20% at his own cost.

*Q10 denotes quote sl. no. -10 as per price bid document ( Annexure -1 of Price Part)

7.6 CHBL reserves the right to modify/change above verification method and payment

terms and conditions in case such modification and change would adversely affect the Contractor such changes shall be carried out in consultation with the Contractor

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8.0 RATES 8.1 Rates of all materials required under the provision of this contract are inclusive of cost

of transport, profit, interest, insurance, overhead and all other duties, taxes and royalties, VAT, etc. as may have to be incurred by the Contractor for getting the respective materials at site.

8.2 All expenses towards mobilization at site and demobilization including bringing in

equipment, work force, materials, dismantling the equipment, work force, assembling the equipment, clearing the site etc. shall be deemed to be included in the prices quoted and no separate payments on account of such expenses shall be entertained.

8.3 All the tests either on the field or at outside laboratory concerning the execution of the

work and supply of materials by the Contractor shall be carried out by the CHBL at CHBL’s own cost. The Contractor shall fully cooperate for providing the samples ( if procured by contactor) free of cost well in time as per directions of CHBL.

9.0 TIME OF COMPLETION 9.1 The work shall be carried out within the stipulated period as per time schedule attached

in Annexure-A- Scope of Work. 9.2 The time schedule given in Annexure A is tentative.

9.3 Time being the essence of this Contract, the Contractor shall be and remain

responsible for timely completion of the Work as per the Time Schedule. Accordingly, it shall be the responsibility of the Contractor that all inputs, labour and material required for execution and completion of the Work commensurate with the Contract requirements made available. Should the situation so demand and subject to the applicable laws the Contractor shall deploy and execute Work during holidays and Sundays so as to meet the Time Schedule. In the event the Contractor is not in a position to complete the Work as per the Time Schedule or fails to complete the Work in terms of the Time Schedule or meeting the requirements of Contract, CHBL shall without prejudice to its right to levy Liquidated Damages in accordance with Section 10, be at liberty to terminate the Contract/reduce the Scope of work under the provisions of section 12.2 and have the unfinished Work done by itself and/or through any third party at the Contractor’s cost, risk and expenses under Section 12.4 of the General Terms and Conditions. .

9.4 The Work shall be executed by the Contractor with skilful workmanship consistent

with the best industry practices and standards. No extra fee and/or cost shall be paid to the Contractor on this account.

9.5 Except for Saplings which will be provided by CHBL, the Contractor shall be and

remain at all times exclusively responsible for providing all material and inputs of the

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quality and quantity required for or in connection with the Work, particularly meeting the standards norms and specifications as per BIS Standards (wherever applicable). In addition to the foregoing, the Contractor shall be and remain at all times responsible for the quality and quantity of all other materials and inputs employed in the execution of the Work and shall at no time compromise on the quality and quantity of materials and inputs. In the event it is found by CHBL that dubious materials are being used in execution of the Work by the Contractor, such Contractor shall be liable to forthwith replace such materials with the standard quality of material as may be directed by the CHBL in writing at the Contractor’s own cost. In this regard the Contractor shall co-operate and be under an obligation to provide samples of various inputs employed or to be employed to the CHBL’s Representative for analysis and quality check from any locations where the lot is stored or is in use. Further, it shall be entirely the Contractor’s responsibility to provide, operate and maintain all tools, equipment, apparatus and similar such things as may be necessary for completing the Work as per the Time Schedule.

9.6 Notwithstanding the provisions of Section 9.5, if specification for a particular agri-

input and/or any other input or material is clearly mentioned in the Tender Document, the Contractor will remain bound to use agri-input as per such specifications as mentioned in Tender Document.

9.7 The Contractor shall carry out required supervision as per Quality Assurance and

Monitoring Plan formulated and notified by the CHBL, and shall, if notified by the CHBL’s Representative of any deficiencies and/or deviations in the Work carried out, take remedial measures to rectify the same following instructions, if any, issued in this regard by the CHBL’s Representative. To enable the CHBL’s Representative to inspect the Work done, the Contractor shall ensure free access to CHBL’s Representative to the Project Location(s) including the Work carried out therein/thereon at all times.

9.8 The Contractor is required to provide samples of various agri inputs as mentioned in

Scope of Work well in advance to enable the CHBL for its testing in time. In case timely advance sample is not provided by the Contractor, the Contractor must ensure procurement of good quality (which may be subject to test by the CHBL) agri-inputs with a view to complete the activity in time. However, in the event, quality of any agri-input is not meeting specifications or are substandard, the Contractor would be required to replace the agri-input or undertake reapplication of such agri-input as per directions of CHBL’s Representative. In the event such replacements or reapplication is not feasible or may result in delay in the activities, the CHBL reserves its right for deducting the cost of such agri-input from the compensation payable to the Contractor. The CHBL also reserves its rights for replacement or reapplication of such agri-inputs from any other party at the risk and cost of the Contractor. The decision of the CHBL regarding the cost of such agri input or undertaking replacement or reapplication from any other party shall be final and binding

9.9 In carrying out the Work, the Contractor shall not disturb the harmony of the villages

because of his/its conduct/ behavior and such Work shall be carried out with due regard

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to the convenience of the villagers. In this regard, the Contractor in consultation with the CHBL and local community shall draw up a plan/procedure to ensure that the activities in relation to execution of Work do not adversely affect existing land rights and community relations. Further, in this regard the Contractor must take due care that no damage or loss incurs to the property of other villagers who have adjoining land, crop, livestock, infrastructure etc. Any damage done to the same or to any other property will have to be compensated/repaired/replaced by the Contractor, failing which the same will be got done by CHBL at his risk and cost. Further, should there be any other/further CONTRACTOR and/or institution involved by the CHBL for the purposes of achieving the CHBL’s overall objective(s) associated with the Work, the Contractor shall work in close co-operation and coordination with such CONTRACTOR (ies)/institution(s) so as to enable the CHBL to achieve its overall objective(s). In this regard, CHBL shall from time to time inform and keep informed the Contractor about the CONTRACTOR (ies)/institution(s) that the CHBL may involve/engage.

9.10 The Contractor shall be fully responsible for the conduct of his/its employee and ensure

that their behaviour with the employees of CHBL, supervisors, officers, residents, is always good and cordial. If it is found by CHBL that the conduct or behaviour of any person or group of persons employed by the Contractor is unsatisfactory, upon notification in writing in this regard received from the CHBL, the Contractor shall take remedial action as may be necessary under the circumstances, which may include replacement of such persons deployed by the Contractor.

9.11 Adequate care must be taken while carrying out the Work so that the Contractor shall

not build any permanent structure at the Project Location(s) and related location(s). Any structures if made temporarily, with the prior written consent of the CHBL, should be demolished after the completion of the Work and the land should be brought to the original condition. No extra cost shall be paid for the same by CHBL. The decision of the CHBL in this regard shall be final and binding on the Contractor.

10.0 REASONABILITY 10.1 Care must be taken while carrying out the job so that no damage or loss incur to the

property of other villagers who have adjoining land, crop, livestock, infrastructure etc. Any damage done to the same or any other property will have to be compensated/repaired/replaced by the Contractor, failing which the same will be got done at his risk and cost. The contractor/Contractor shall not build permanent structure at the plantation and related location. These structures if made temporarily should be demolished after the completion of project related activities and land should be brought to original condition and no extra cost shall be paid for the same. The decision of CHBL in this regard shall be final and binding on the CONTRACTOR.

10.2 There should not be any disturbance/incontinence to the villagers in carrying out the

various jobs as per contract. It is the responsibility of the contactor to see that jobs are being carried out peacefully and harmony of villagers are maintained.

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10.3 It shall be entirely the Contractor’s responsibility to provide, operate and maintain all

necessary equipments and complete all the jobs as per time schedules. 10.4 In case the Contractor is not in a position to complete the job in stipulated time CHBL

shall be at liberty to have the work done at Contractor’s cost, risk an expenses and recover the expenditure so incurred from his bills.

10.5 The Contractor must ensure the safety of its manpower/ labour at the Project Location(s)

and comply with all the safety regulations under the applicable law including any safety policy/conditions issued by the CHBL from time to time. Amongst others, the Contractor shall ensure compliance with procedures relating to safe use and storage for all crop protection chemical on farm, to avoid the risk of contamination to people, animals, birds and to the environment. Only legally permitted crop protection chemicals should be stored. The Contractor shall, amongst others, ensure the use of PPE (Protective Personal Equipment), for example face shields, disposable masks, coveralls, aprons, rubber boots, chemical resistant protective gloves etc. by all direct/indirect employees/workmen while they are in/on the Project Location(s) and are directly/indirectly handling and/or are being exposed to chemicals/substance/ instruments which are corrosive in nature and where there are chances of burns, rashes, passive inhalation, consumption, injuries etc. In addition to the above, the Contractor shall always ensure that safety parameter commensurate to each specific activity is adhered to.

11.0 STATUTORY AND OTHER OBLIGATIONS 11.1 The Contractor shall comply with and ensure strict compliance of all applicable, Central,

State, Municipal and local laws and regulations and undertake to indemnify the CHBL from and against all levies, damages, penalties, and payments whatsoever as may be imposed on CHBL by reason of any breach or violation by the Contractor of any law, rule or regulation and against all actions, proceedings claims and demands arising there from and/or relative thereto including any costs and expenses that may be incurred by CHBL in defending itself in this regard.

11.2 In case of labour unrest / dispute arising out of non-implementation of any law, the

responsibility shall solely lie with the Contractor and he shall remove/resolve the same satisfactorily at his cost and risk.

11.3 The Contractor shall be responsible for strict compliance of and shall ensure

strict compliance by its employees, agents, sub-contractors or any other authorised representative of all applicable labour laws, rules and regulations including but not limited to the Payment of Wages Act, 1936, Minimum Wages Act, 1948, Workmen’s

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Compensation Act, 1923, Contract Labour (Abolition and Regulation) Act, 1970, Plantation Labours Act, 1951. Additionally, the Contractor shall also be responsible for strict compliance of any policy issued by the relevant government or local authority under the applicable law.

12.0 NEGLIGENCE OF WORK

In case where mortality occurs due to improper handling of saplings or execution of improper work, all such loss will be recovered @ Rs 5/plant.

13.0 FORMATS / REPORTS / RECORDS 13.1 A format for BANK GUARANTEE for Initial Security Deposit / Security Deposit is

attached as Annexure-B of STC. 13.2 The Contractor shall, from time to time, maintain at each Project Location(s) (in

addition to any records or registers required to be maintained by the Contractor) such records and registers as the CHBL’s Representative shall or may require the Contractor to keep and/ or maintain from time to time.

13.3 In addition to any other records or registers required to be maintained by the Contractor

from time to time and/ or to the reports required to be furnished by the Contractor in terms of the Contract Document, the Contractor shall prepare periodic progress report as prescribed by the CHBL for all Work done and/ or progress achieved by the Contractor at each Project Location(s) during the concerned period.

13.4 The Contractor shall maintain register for agri-inputs, materials and resources bought,

materials and resources used, labour employed for the activities, payment records to other vendors including labour, transportation agencies/parties, warehousing contractor/parties etc. The Contractor or his authorized representative shall sign these registers. The CHBL shall have the right to inspect these records as and when required.

13.5 The Contractor shall also complete the MV (Monitoring and Verification) form or any

such format by whatever name mentioned in the Contract Document formed for each activity, as given in Tender Documents, from time to time as the Work progresses and same shall be made available to the CHBL’s Representative after filling the relevant details.

13.6 Contractor shall register with concerned controlling office of the Labour deptt.( presently CHBL, being a Central PSU is registered with RLC (Central) office) within two week of receipt of Purchase Order. Any document required for this purpose from CHBL will be provided to the Contractor.

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14.0 QUALITY CONTROL

14.1 Contractor has to ensure that each agri-input should be as per specification mentioned herein. Contractor has to produce Cash Memo./Bills and Challan of each procured agri-input, if demanded by CHBL’s representative.

14.2 WELL DECOMPOSED FARM YARD MANURE(FYM) i) FYM should be well decomposed, having following physical properties:

a) The FYM shall be obtained in dry state, free from grits, brick bats, pebbles, stone or any other unwanted materials (Physical verification by CHBL’s representative).

b) Colour dark brown to black (Physical verification by CHBL’s representative)

c) Absence of foul odor (Physical verification by CHBL’s representative). d) Bulk density: maximum 0.8 g/cm3 (samples to be tested in Laboratory by contractor for

the sample collected in presence of CHBL officials ). e) Organic carbon content: minimum 10.0 % by weight.

ii) Random samples will be collected from different plots and mixed properly to form

composite sample. The representative sample will be drawn jointly by CHBL officials and contractor representative. Such composite sample will be sent by CHBL to laboratory which is representative to that particular cluster and results of such sample have same implication for all the plots of that Cluster.

iii) The volume of the FYM will be recorded during the transportation to the plots by

measuring Length, breath, height of FYM stack in the trolley and corrected to a cm. The volume of FYM after reduction by 8% would be considered as final quantity.

The FYM quantity in Kg = Total volume of FYM (m3) X Bulk density (Kg/m3) iv) In case FYM is having bulk density more than 0.8 g/cm3 the whole quantity of FYM has

to be reapplied, as applied earlier during a particular activity, by the CONTRACTOR. v) In case Bulk density passes the specification and organic carbon content fails, the

deficient quantity based on organic carbon content shall have to be reapplied by the CONTRACTOR.

vi) CHBL at its sole discretion can deduct the payment for such deficient quantity based on

Organic carbon content or non application of FYM by considering the rate of FYM as 50 paisa per kg.

14.3 AGRO-CHEMICAL AND PESTICIDES

i) The Contractor should procure agrochemical and pesticides products having ISI/BIS Certification and preferably from reputed source having ISO 9001 certification for

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quality. ii) The Contractor should ensure that in one complete cluster the agrochemical/pesticides

applied must be from same brand. iii) The random samples will be drawn by CHBL in presence of Contractor’s representative

for each clusters and representative samples out of such randomly drawn samples will be sent to Laboratory (decided by CHBL) for quality tests as per specification of BIS or communicated by CHBL’s representative. The results of any such random samples will have same implications for whole cluster.

iv) Any Agrochemical/pesticide not meeting the specification as per BIS or

communicated to the Contractor in written by CHBL’s Representative, the payment in part or full shall not be made to Contractor. CHBL decision in this regard shall be final and binding on the Contractor.

15 INTELLECTUAL PROPERTY

All intellectual property rights in any work or material developed by the Contractor during the subsistence of the Contract and which is directly or indirectly related to the purpose of the contract shall belong to and be the property of CHBL and the Contractor confirms and agrees that the Contractor shall not be entitled to claim any rights over such intellectual property. If required by CHBL, during or after the term of this contract, the Contractor shall sign and execute such documents in favour of the CHBL with respect to such intellectual property as CHBL may require, to effectually vest in CHBL any and all intellectual property rights and benefits in such works or materials. In performance of the Contractor’s duties and responsibilities, the Contractor shall not use or infringe any intellectual property rights of any other persons and shall keep CHBL indemnified against any such violation by the Contractor.

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ANNEXURE-A of STC

Scope of Work (SOW) and Time Schedule for Activity

A. Fresh Plantation activities:

S.NO Activity Tentative Time Schedule

Report Formating

1 Land development:-

a). Full site preparation including removal of all existing jatropha and vegetative shrub growth along with complete bush clearance. b). Complete Destruction of all the existing Termitariums present in site and destruction of the queen from Termitariums. c). Site requires sub-soiling operation using mechanical means to breakup existing hard-pan and compaction layers by using MB plough in two directions, followed by harrowing across the slope and levelling. d). Application of Gypsum/ Ag lime may have to be carried out at the time of land preparation as per individual plot requirement. The cost of Gypsum/ Ag lime shall be borne by CHBL.

May-June

MV-1

2 Pit digging: a). Pit marking at a spacing of 2m X 2.5m, 3m X 1.5m, 3m X 2m, o 3m X 1m , 2m X 2m , 4m X 1.5 or any other formation, as advised by CHBL. The distance between plot boundary and pit rows should be at least 2 meter. b). Digging of pits as a cuboid of minimum size 30 cm X 30 cm X 30 cm.

May-June MV-2

3 Partly refilling of pits with agri-inputs: Prepare a mixture of 2 kg well decomposed FYM and pit soil. Refill the pit with 50% of this mixture.

May-June

MV-3

4a Transplanting of Jatropha Sapling and application of Nutrients/ other agri inputs:- a). Mixing of Bioinoculants (to be provided by CHBL) and basal dose of Fertilizers/Nutrients (to be procured by Agency, mentioned in point 4b of SOW) with balance 50 % soil at the time of planting of saplings. b) Transplanting of saplings along with remaining FYM-Soil and other nutrient mixture.

Jun-Aug

MV-4& MV-5

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Hold the sapling straight in the middle of the pit so that 5-10 cm hardy part of stem should also remain above soil surface after fully refilling the soil in pit. The roots in the pit must also not be bending or touching the hard surface (wherever requires remove the polybag with attention to maintaining integrity of soil and root mass).

c) Thoroughly press the loose soil around the plants and make a mound of soil around the plant stem.

d) After 10-15 days of transplanting, 2ml Fipronil per plant (to be procured by Agency) is to be applied. Make solution of 2ml Fipronil with 1 litre of water and apply at the collar portion of the saplings so that liquid penetrate in the root zone. This will restrict the termite attack on the plants.

4b Supply of Nutrients/ Fertilizers:- Following fertilizers are to be supplied by the agency at plantation site: Urea: 26 gm/Plant SSP : 125 gm/Plants MOP: 34gm/ plant. Total quantity to be applied in three splits (1st Split as basal dose during plantation, 2nd Split during Sept and 3rd Split during April).

As and when required

MV-3

5 Basin formation:-

i) Removing of weeds from the plant basin area(removing of unwanted plants from the plant basin).

ii) Formation of plant basin with a radius of 50cm around the plant.

iii) Loosening of soil up to 10 cm depth in the basin area without causing damage to roots.

Sep-Oct

MV-7

6

Mulching:- Place an approved mulch material like Rice husk, Straw, hulls, saw dust or others in basin area of plants as an effective means of retaining and maintaining soil moisture.

Feb-Mar MV-18

B. Maintenance Activities:

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7 Pruning of plants:

Plants having 1 or 3 stems and have attained height more than 55 cm should be cut back at 25-30 cm from ground.

NOTE: While carrying out pruning, cutting, training etc, it is necessary to use sharp secateurs to avoid pealing of the bark. Pruning should be done at an angle/slant cutting so as to avoid deposition of water droplets on the cut portion. To ensure phyto sanitary pruning practices, pruning shears shall be periodically disinfected with suitable substance as advise by CHBL prevent spread of disease infections.

Disposing of pruned material: All the cut portions of tree (green leaves, twigs etc.) should be well disposed by collecting the material and dumping into pits of sufficient size to accommodate such pruned material. Pit should be covered by soil after dumping the material.

NOTE: Pit should be dug preferably in the shaded place for disposing cut portions of plants.

Feb-Mar

MV-9

8 Maintenance of Basin formation & FYM mixing:- Formation of basin in area of 50 cm radius around stem for all plants and application of well decomposed FYM @ 1 kg per plant in basin area and thoroughly mixing with soil.

Feb-Mar MV-7& 8

9a Irrigation:- Irrigation of all surviving plants @ 15 Litres of water per plant 8 times in a year as per direction of CHBL during critical plant growth and development phase to support fruit development and resultant yield.( Oct, Nov, Dec) and the months prior to seasonal rains ( April, May). Irrigation water to be provided by CONTRACTOR with all the necessary arrangements for irrigation.

As per advise of CHBL MV-11

9b Irrigation through CHBL borewell:-

Irrigation of all surviving plants @ 15 Litres of water per plant 8 times in a year as per direction of CHBL during critical plant growth and development phase to support fruit development and resultant yield.( Oct, Nov, Dec) and the months prior to seasonal rains ( April, May). Irrigation water to be provided through borewells at borewell discharge point while all the necessary arrangements will be made by the CONTRACTOR.

As per advise of CHBL MV-11

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10 Mortality replacement: Pit digging (specification as per Activity-2), Replanting of Jatropha saplings 2 ml Fipronil per plant in one liter of water for preventative control of termite feeding and well decomposed FYM 1 kg/pit and pinching of saplingss (i.e. Removing tip of the plant).

Jun-Aug (based on

monsoon)

MV-2, MV-3, MV-4 and MV-5

11 Disease and Insect control spray application and foliar nutritional application:

CONTRACTOR has to make necessary arrangements for equipments (sprayer, mixing tanks etc), required water and skilled manpower for Spraying/ drenching of agro-chemicals/pesticides/ growth hormones/nutrients/weedicides as and when required.

Note: Any agrochemical to be applied will be suggested by CHBL and the same has to be procured by CONTRACTOR

As and When Required

MV-14

C. Watch and Ward & Seed Collection activity:

12 Watch & ward: One Gardner for plot(s) of size less than equal to 20 Ha and two gardeners for plots of size more than 20 Ha for Watch and ward of plants, , fruits, equipment’s and seeds. He will be responsible for all other minor allied acivities at plantation site e.g. weeding, bush clearance, keeping the plot clean, minor repair works of basins, CPT, Mudhut etc, minor plantation maintenance works and others.

Period :

a)Jan-Jul

b)Aug- Dec

MV-12

13 Fruit Harvesting and Packing:

Plucking, deshelling, drying , packaging, handling and local storage of fruits/seeds plucked from CHBL plantation or any other plantation.

As & when Required

MV13

14 Transport of Seed to Raipur:

Transportation of Seed from local storage points to Raipur, as and when the directed by CHBL.

As & when Required

MV-19 and MV-20

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D. Other Activities:

15 Digging and Maintenance of CPT:

Digging and Maintenance of CPT of 1.5m depth and 1 m width in those plots where there is no CPT of this dimension. At the end of year contractor has to ensure dimension of CPT as 1.5 m depth and 1 m wide.

As & when Required

MV-15

16 Geological Survey for underground water probability for Borewell provision:-

Survey to be carried out for identifying points for bore well digging (to be conducted by Govt. Registered surveyor and report to be submitted in original. One point to be identified for every 20 ha.

As & when Required

MV20

17 Borewell Provision:

Digging of approx. 500 feet borewell of 150 mm diameter with complete installation of 5 HP Pump of Crompton/ Tullu make. Prices quoted shall be inclusive of digging, supply & installation of pump with all pipe fittings, electrical cable, valves and other items as per requirements. Party shall be responsible for taking permanent connection from CSEB. Meter charges and any other charges paid to CSEB shall be paid separately on receipt of bills. For operation of pump CONTRACTOR have to make asbestos pump shed of7 ft* 7 ft area with height of 7 ft

As & when Required

MV-16

18 Temporary Office/Shelter/Storage construction:

Construction of Temporary enclosed shelter of size 12ft x 12ft x 10 ft with Brick with mud, asbestos roof with wooden/ iron support, wooden/ metallic door ( 8’ X 3’) with locking arrangement, One no of wooden/ metallic window ( 4’ X 3’) with steel grill. Minimum height of shelter should be 10 ft. Floor of inside of shelter should be PCC (1:3:6). All the enclosure should be such that no Rat should be able to enter. From the roof of shelter one side projection with support of size 8 ft x 12 ft has to be made for housing of DG set.

As & when Required

MV-10

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19 Construction of signboard:

At every plot construction of sign board of display area 5ft X 4ft ( both side)& 230 mm wide in brick masonry in cement mortar (1:4) with plaster (1:3) is required. The height of sign board should be 2 ft from ground level with suitable foundation ( at least 2 ft inside ground). Complete painting of sign board is required with white wash/ sun proof paint. Art work in multicolour to be painted on both side of display area will be provided by CHBL.

Within one month from start

of job

MV-17

E. Site Testing:

20 Soil Testing: It includes collection of random samples from plantation sites (as per directions of CHBL) and testing it from a reputed Laboratory. Report to be submitted in original which shall indicate nutrient content for Major and Minor elements, pH, E.C. (Electrical Conductivity), Soil profile details, Type of soil etc. One soil sample to be taken from each 2ha of land.

As & when required

21 Water testing: Water sampling to be carried out and analysis report (to be submitted in original) with details of water table, its suitability for irrigation, micro nutrient present etc. Sample to be collected from nearby/ village Bore well, pond etc. Water sample testing to be carried out from a reputed laboratory.

As & when required

NOTE:

1. CONTRACTOR must keep vigil on the planted saplings and immediately replace such poorly planted/dead/weak sapling as and when required during monsoon season.

2. Irrigation will have to be carried out only after prior written approval of the officer of CHBL. The decision regarding irrigation to be carried out as per activity 9a or 9b shall be made by CHBL’s representative and will be binding to the CONTRACTOR.

3. Pest and disease control have to be carried out only after prior written approval of the officer of CHBL The decision of CHBL in this regard shall be final and binding on the CONTRACTOR.

4. All the activities mentioned in the Scope of work shall have to be carried out at the same rate quoted in price bid (ANNEXURE- I of Price part) with same terms and condition.

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ANNEXURE-B of STC BANK GUARANTEE FROM A SCHEDULED BANK ( other than a co-operative bank)FOR

SECURITY DEPOSIT (Specimen )

(On Non-Judicial Stamp Paper as prescribed in the respective State)

(Validity of Bank Guarantee shall be beyond THREE months of Validity of Contract)

BG No.: Date: Amount: Validity:

To: CREDA – HPCL BIOFUEL Ltd. Sector-1, Near Mesonet Quarters, New Shantinagar, Shankarnagar Road, Raipur REF: TENDER NO: CHBL/TEN/CULT/0005 IN CONSIDERATION OF M/s CREDA – HPCL BIOFUEL LTD having its registered office at Sector-1, Near Mesonet Quarters, New Shantinagar, Shankar Nagar Road, Raipur, Chhattisgarh, India-492007.(hereinafter called the CHBL) (which expression shall include its successor in business and assigns) having placed an order on Messers ................................. a partnership firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at ................. (hereinafter called "the contactor") (which expression shall include executors, administrators and assigns) vide order No....................... dated................. (hereinafter called "the order" which expression shall include any amendments/alterations to "the order" issued by "CHBL") for the supply of goods to/execution of services for "CHBL" and "CHBL" having agreed :

a) not to insist upon immediate payment of Security deposit for the fulfilment and performance of the said order.

b) to pay " the contactor" as and by way of advance upto a sum of Rupees__________ (Rupees _____________________________ only)being ____% of the value of "the order";

c) that "the contactor" shall furnish a security for the performance of "the contactor's" obligations and/or discharge of "the contactor's" liability in connection with the said" order"; and "CHBL" having agreed with "the contactor" to accept a composite Bank Guarantee for the mobilisation advance, security deposit, retention money and performance guarantee.

1. We,....................................................Bank having office at ............................................(hereinafter referred to as "the Bank" which expression shall include its successors and assigns) at the request and on behalf of "the contactor" hereby agree to pay to "CHBL" without any demur on first demand an amount not exceeding ...............(Rupees.............................only) against any loss or damage, costs, charges and expenses caused to or suffered by "CHBL" by reason of non-performance and fulfilment or for any breach on the part of "the contactor" of any of the terms and conditions of the said "order".

2. We, ............................. Bank further agree that" CHBL" shall be sole judge whether the said" contactor" has failed to perform or fulfil the said "order" in terms thereof or committed breach of

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any terms and conditions of "the order" and the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by "CHBL" on account thereof and we waive in the favour of "CHBL" all the rights and defences to which we as guarantors and/or "the contactor" may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by "CHBL" as such shall be final and binding on "the Bank" as to "the Bank" 's liability to pay and the amount demanded and "the Bank" undertake to pay "CHBL" the amount so demanded on first demand and without any demur notwithstanding any dispute raised by "the contactor" or any suit or other legal proceedings including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with "CHBL" that "CHBL" shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said "order"/or to extend time of performance by "the contactor" from time to time or to postpone for any time to time any of the powers exercisable by "CHBL" against "the contactor" and to forbear to enforce any of the terms and conditions relating to "the order" and we shall not be relieved from our liability by reason of any such variation or extension being granted to" the contactor" or for any forbearance, act or omission on the part of "CHBL" or any indulgence by "CHBL" to "the contactor" or by any such matter or things whatsoever which under the law relating to sureties would but for this provision have the effect of relieving us.

5. However, it has been agreed between "the contactor" and "CHBL" that there shall be only one Composite Bank Guarantee for both the advance and security deposit performance guarantee/Retention Money @ of ____% valid till the end of the defects liability period as per the terms of the P.O. No. _______________ dated ______________ and that in proportion with the recovery of advance @ ______% per bill the same amount/value automatically stands credited to the defects liability account/security deposit or retention money as the case may be and will continue to be credited/treated till the entire advance of R_______________________ is fully recovered from the running bills and from the date of full recovery of the advance of R __________________ this guarantee automatically, shall stand valid towards the ____%retention money/defects liability, fully valid in all respects unto a further period of 3 (three) months, as

6. Notwithstanding anything contained herein above :

i. Our liability under this guarantee shall not exceed.......... ii. This Bank Guarantee shall be valid upto and including .......; and iii. We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee

only and only if you serve upon us a written claim or demand on or before the expiry of30 days from the date of expiry of this guarantee.

7. We, ........................................ Bank further undertake not to revoke this guarantee during its currency except with the previous consent of "CHBL" in writing.

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8. We, ......................................... Bank lastly agree that "the Bank’s liability under this guarantee shall not be affected by any change in the constitution of "the contactor".

9. "The Bank" has power to issue this guarantee in favour of" CHBL" in terms of the documents and/or the Agreement/Contract or MOU entered into between "the contactor" and "the Bank" in this regard.

IN WITNESS WHEREOF the Bank has executed this document on this .............................day of ........................... For ........................ Bank (by its constituted attorney) (Signature of a person authorised to sign on behalf of "the Bank")*

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ANNEXURE-C of STC

PAYMENT SCHEDULE FOR ACTIVITY

General Guidelines:

1. Payment will be limited to the ceiling fixed for each of the activities. 2. For Irrigation and Pest and Disease Control activities payment will be made on actual basis.

All these activities should have prior approval of CHBL’s Officers. 3. Payment for each activity will be made only after completion of activity on all the plots

identified in the Cluster. 4. Joint verification of each phase of the activity inclusive of plantation, maintenance and other

activities based will be undertaken by authorized representatives of CHBL and Bidder before the bills are submitted to CHBL by Bidder and payment is made.

5. Payment will be based on monitoring and Verification at the plantation site. 6. If payment after 30 days of submission of bills could not be made due to incomplete

verification or other reasons, payment of running bills would be made on provisional basis subject to appropriate adjustment after final verifications in subsequent payments.

7. Calculation of payment: If the activity is performed as per specified quantity, quality and timeline then the payment will be total quantity multiplied by rate quoted by the party subject to upper ceiling as mentioned in the payment schedule (last column).

8. In case subsequent activity is not done by the CONTRACTOR, CHBL has the right to forfeit remaining 10% payment (payment on hold) of previous activity which otherwise to bepaid along with subsequent activity, had the work been completed properly

Payment methodology:

Sr. No.

Activity Serial no. of activity as per scope of work

Reporting Format

Milestone for payment

1 Land development:

1 MV-1 On Completion as per specification after completion of Pit digging activity

2 Pit digging:

2 MV-2 On completion and Certification of Job.

3 Partly refilling of pits with agri-inputs:


4a Transplanting of Jatropha saplings and application of nutrients and other agri-inputs

4a MV-4& MV-5

On completion and Certification of Job.

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4b Supply of Nutrients/Fertilizers 4b MV-3 On completion and Certification of Job on prorata basis.

5 Basin formation 5 MV-7 On completion and Certification of Job.

6 Mulching 6 MV-18 On completion and Certification of Job.

7 Pruning of plants:

7 MV-9

On completion and Certification of Job as per specifications

8 Maintenance of Basin formation & FYM mixing:


9a Irrigation

9a MV-11 On completion and Certification of Job.

9b Irrigation through CHBL borewell

9b MV-11 On completion and Certification of Job.

10 Mortality replacement:

10 MV- 2, 3, 4 & 5

On completion and Certification of Job as per clause 7.5 of STC

11 Disease and Insect control spray application and foliar nutritional application:



12 Watch & ward

12 MV-12 On completion and Certification of Job. (on quarterly basis)

13 Fruit Harvesting and Packing 13 MV-13 On completion and Certification of Job.

14 Transportation of Seed to Raipur

14 MV-19 and MV-20


15 Digging and Maintenance of CPT:

15 MV-15 On completion and Certification of Job 50% on initial digging of CPT and 50% after one year

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of Maintenance.

16 Borewell Provision survey: 16 Borewell survey report

On completion and Certification of Job

17 Borewell Provision 17 MV-16 On completion and Certification of Job.

18 Temporary Shelter /office/ storage construction: .


19 Construction of signboard: 19 MV-17 On completion and Certification of Job.

20 Soil Testing: 20 Soil Test report


21 Water Testing: 21 Water Test report


Note: Additional irrigation if required has to be provided by the CONTRACTOR. The payment for the same will be made by considering the same quotes as the case may be i.e. with borewell irrigation or without borewell irrigation.

1. The planting for mortality replacement should be started immediately after receipt of first few showers and completed by July so that the remaining monsoon rains may be utilized by the plants for establishment.

2. The CONTRACTOR is required to show alertness and should take quick actions to keep minimum mortality and also expected to put all controls in place to ensure minimum mortality.

3. The mortality percentage and payment conditions will be as per Clause 7.5 of STC which is tabulated as under:

Mortality Range(%) Payment Condition

≤ 10 All cost involved will be paid

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10 ≥ 15 Upto10% mortality 100% of Q10* + 50 % of Q10 for rest of the mortality replacement

15 ≥ 20 Upto 10% mortality 100% of Q10 + 50 % of Q10 for 10 to 15% mortality replacement + 30 % of Q10 for rest of the mortality replacement

> 20 Upto 10% mortality 100% of Q10 + 50 % of Q10 for 10 to 15% mortality replacement + 30 % of Q10 for 15 to 20% mortality replacement. CONTRACTOR has to replace all plants beyond 20% at his own cost.

*Q10 denotes Quote no. 10 as per price bid document ( Annexure -1 of Price Part)

Reporting Formats General Guidelines: The purpose of monitoring and verification is to ensure satisfactory completion of activity with respect to quantity, quality and time schedule so that payment can be made to the party as per schedule of payment.

• CONTRACTOR will convey in advance (7 days), the plot wise and date wise schedule of activity proposed to be undertaken by the CONTRACTOR as mentioned under Scope of Work.

• Verification of activities viz. soil working, pruning, pits, basins, saplings, plants will be based on physical counting.

• Application of Agri-Input shall be started under the presence of authorized representative of CHBL.

Quality Check for Activity Performed :

• Soil working: Checks will be made to ensure that dead and diseased parts of the plants are removed and also the surrounding of each plant is weed free.

• In all the cases, physical observation shall be done by Officers of CHBL. • Before verification is carried out by CHBL, the CONTRACTOR will monitor and verify

the activities and Input application. They will certify the quantum of work done and quantity of agri-input.

• During Verification by CHBL, all necessary support should be provided by the CONTRACTOR.

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ANNEXURE- D of STC

MONITORING AND REPORTING FORMATS FOR ALL ACTIVITIES

The Monitoring and Verification (MV) Formats are given below. However, CHBL at its sole discretion can add new MV formats which may be required for the purpose of effective monitoring and verification and can modify the existing MV formats in the tender documents during the contract period or before award of work through addendum. Any such addition or modification in the MV formats will be binding on the CONTRACTOR

MV1: Monitoring and Verification format for Land development

Cluster No …………

It is verified that land development activity has been completed as per Scope of Work of Tender on

following land plots by Uprooting of unwanted weeds, Plants, Bushes, land levelling etc from the

allotted land.

Village Khasara No. Date of completion of

land development

Remarks (if any)

Signature of the Contractor/Contractor authorised Representative and date:

Signature of CHBL official and Date

………………………………..………………………………………X…………………..……………….………………………………………

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MV2: Monitoring and Verification format for pit digging

Cluster No………………

It is verified that Pit digging activity has been completed as per Scope of Work of Tender on

following land plots by digging of pit.

Village Khasara

No.

Date of completion of

Pit digging No of pits dug

Remarks

(if any)


Signature of CHBL official and Date

………………………………..………………………………………X…………………..……………….………………………………………

MV3: Monitoring and Verification format for transfer of inputs


It is verified that transfer of following details of inputs has been completed as per Scope of Work of

Tender:

Type

of

input

Source Destination Number Quantity For

use on

Khasa

ra No

Village Vehicle

No.

Godow/

Sub

Godown

chalan

No


Signature of CHBL official and Date:

………………………………..………………………………………X…………………..……………….………………………………………

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MV4: Monitoring and Verification format for Seeds/Stem cuttings/Sapling


Date of Receipt of

Saplings

Source of

Seeds/Stem

cuttings/Sapling

Total Seeds/Stem

cutting/Sapling

Received

Where Utilized

Village Khasra No



………………………………..………………………………………X…………………..……………….………………………………

MV5: Monitoring and Verification format for plantation


It is verified that plantation activity as per Scope of Work of Tender has been completed as per

following details

Village Khasara

No

Date of

Receipt of

Saplings

Date of

completion of

plantation

No of saplings

transplanted

Remarks if

any



………………………………..………………………………………X…………………..……………….………………………………………

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MV6: Monitoring and Verification format for Mortality Replacement


It is verified that mortality replacement as per Scope of Work of Tender has been completed as per

the following details:

Village Khasara

No.

No. of

saplings

planted in

first year

No. of plants

in which

mortality

observed

Date of

completion of

mortality

replacement

No of

plants

replaced

Remarks if

any



………………………………..………………………………………X…………………..……………….………………………………………

MV7: Monitoring and Verification format for Basin Formation


It is verified that formation of basin around the pit of plants as per Scope of Work of Tender has

been completed as per following details on the number of surviving plants:

Village Khasara No. Date of

completion basin

formation

No. of basin

formed

Remarks if any



………………………………..………………………………………X…………………..……………….………………………………………

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MV8: Monitoring and Verification format for FYM/ Vermicompost Application


It is verified that application of FYM /vermicompost as per Scope of Work of Tender has been

completed as per following details on the number of surviving plants:


completion of

FYM /

Vermicompost

No. of plants in

which application

completed

Remarks if any



………………………………..………………………………………X…………………..……………….………………………………………

MV9: Monitoring and Verification format for Pinching/Pruning


It is verified that pinching/ pruning as per Scope of Work of Tender has been completed as per

following details on the number of surviving plants:


completion of

Pinching/ pruning

No. of plants in

which

Pinching/pruning

completed

Remarks if any



………………………………..………………………………………X…………………..……………….………………………………………

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MV10: Monitoring and Verification format for Construction of Temporary Shelter


It is verified that construction of Temporary shelter as per Scope of Work of Tender has been

completed as per following details.


completion of

Construction

No. of Hut

Constructed

Remarks if any



………………………………..………………………………………X…………………..……………….………………………………………

MV11: Monitoring and Verification format for Irrigation


It is verified that irrigation as per Scope of Work of Tender has been completed as per following

details.


completion of

Irrigation

No. of Plants

irrigated

Remarks if any



………………………………..………………………………………X…………………..……………….………………………………………

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MV12: Monitoring and Verification format for Watch & Ward


It is verified that Watch & Ward as per Scope of Work of Tender has been completed as per

following details.

Village Khasara No. Period for which

Watch & Ward

completed

No. of Plants

covered

Remarks if any



………………………………..………………………………………X…………………..……………….………………………………………

MV13: Monitoring and Verification format for Fruits/seeds Collection by Watch and ward


It is verified that Fruit Collection has been completed as per following details.

Village Khasara No. Period of Seed

collection

Amount

(Kg/Qt) of dry

seed collected

Remarks if any



………………………………..………………………………………X…………………..……………….………………………………………

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MV14: Monitoring and Verification format for Disease, pest control and foliar application of nutrient


It is verified that disease and pest control as per Scope of Work of Tender has been completed as per

following details.

Village Khasara

No.

Name of

disease/pest

Name of

chemical

applied

Quantity

of

chemical

used

Date of

completion

of disease

and pest

control

No. of

plants

under

application

Remarks

if any



………………………………..………………………………………X…………………..……………….………………………………………

MV15: Monitoring and Verification format for CPT Digging/ Maintenance


It is verified that CPT Digging as per Scope of Work of Tender has been completed/maintained as per

following details.

Village Khasara No. Date of completion

of CPT with

dimensions

Running Meter

(RM)

Remarks if any



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MV16: Monitoring and Verification format for Borewell Provision


It is verified that successfully activities for provision of borewell as per Scope of Work of Tender have been completed on following plots:


of borewell

provision

Depth of Bore Remarks if any



………………………………..………………………………………X…………………..……………….………………………………………

MV17: Monitoring and Verification format for construction of sign board


It is verified that constructions of sign board activities as per Scope of Work of Tender have been completed on following plots:


of construction of signboard as per scope of work

Display area Remarks if any



………………………………..………………………………………X…………………..……………….………………………………………

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MV18: Monitoring and Verification format For Mulching Completion


It is verified that mulching around the plant has been completed as per scope of Work of Tender in following plots:

Village Khasara

No.

Date of

completion

of Mulching

Type of

Material

used

No. Of

Plants

Mulched

Remarks if any



………………………………..………………………………………X…………………..……………….………………………………………

MV19: Monitoring and Verification for Dispatch Transport of seed:-


It is verified that following amount of Seed is dispatched from the location given below:-

Dispatch

Point

Dispatched

No. Of Bags

Dispatched

Qty

Date of

Dispatch

Place of

Delivery

Vehicle

no., Name

and

Mobile

No. Driver

Remarks



………………………………..………………………………………X…………………..……………….………………………………………

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MV20: Monitoring and Verification for Receipt of Seed:-


It is verified that following amount of Seed has been received from the location given below:-

Receiving Point Receiving

No. Of Bags

Receiving

Qty

Date of

Receiving

Place of

Receipt

Vehicle no.,

Name and

Mobile No.

Driver

Remarks



………………………………..………………………………………X…………………..……………….………………………………………

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ANNEXURE-E

CHBL LAND SELECTION POLICY- CLFSR

Sr. no. Particulars Selection of

Land YES/NO

Details/ Remarks Rejection of land YES/N

O Details/

Remarks

1

Type of land

(Revenue waste

land/forest land)

1. Selection of revenue waste lands is to be made which is confirmed from the list obtained through various departments.

1. Presence of forest Signboards/ symbols distinguishes the land from Revenue land.

2. Confirmation made from the local people like Sarpanch, Van samiti head, forest Guards etc.

2. Forest lands confirmed from the list obtained through various Departments are not selected.

3. Confirmation of Forest Land from local people and authorities.

3. Confirmation of Forest Land from local people and authorities.

2 Soil

depth/Rocky Land

1. At least 1 & 1/2 feet of soil cover must be available in plot for proper growth of roots of Jatropha. (to be ensured by taking samples from various part of the plot)

Approximate Soil cover-

1. Plot with stony land & lesser soil cover which may hinder growth of plants

2. Vegetation in nearby surroundings

2. Vegetation in nearby surroundings (If absent, proper verification regarding soil conditions to be made)

3 Physical access to

sites

1. Distance from Districts Head Quarter

1. Distance from District Head Quarter

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1. Accessibility through Kaccha/ Pakka roads.

1. Accessibility through Kaccha/Pakka roads.

2. Ease to transfer of material/ inputs to site.

2. Ease to transfer of material/ inputs to site.(presence of river in between or bad road conditions)

3. If plot lesser than 10 ha area,

3. If plot lesser than 10 ha area,

a) Is the site distance lesser than 25 km from District/ Tehsil headquarter

a) Is the site distance more than 25 km from District/ Tehsil headquarter

b) Is the site closer to earlier selected plots.

b) There is no other earlier selected plots.

4. verification of Plantation could be made even during monsoon season.

4. Verification of Plantation could be made even during monsoon season.

4 Soil type

1. Presence of sandy soil in plot.

1. Presence of heavy clay soil in plot.

2. Laterite soils with small gravels.

2. Soil with big rocky patches/Stony land

3. Good drainage conditions.

3. Bad drainage conditions.

4.Visual Soil problems like termite, poor soil structure etc.

4.Visual Soil problems like termite, poor soil structure etc.

5. No. of Termitariums in Plot

5. No. of Termitariums in Plot

5 Topography

1.Plain 1. Highly undulated

2. Light undulated

6 Area as per GPS

1. GPS Measurement of site Possible (Map to be attached)

1. GPS Measurement of site Not Possible.

2. If GPS not possible, rough map attached.

2. Area as per List

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3. Area as per list

4. Area as per GPS

7 Land Details

1. Village 1. Village

2. Block 2. Block

3. District- 3. District-

4. Landmark near Plot (if any)

4. Landmark near Plot (if any)

5. Khasra Details 5. Khasra Details

6. Photographs with date attached.

6. Photographs with date attached.

7. Details of Local authorities

3. Details of local Authorities, if any

a. Sarpanch (Name & Contact):

b. Patwari (Name & Contact):

c. Forest Guard (Name & Contact)

d. Forest Ranger (Name & contact)

e. Tehsildaar (Name & Contact):

f. Others, if any:

8 Vegetation cover

1. Minimum cover of dense Forest/ large trees present at the site.

1. Good cover of dense Forest/ large trees present at the site thereby decreasing total utilizable land heavily.

2. Presence of bushes in plot (removal to be done before starting plantation activity)

2. Presence of bushes in plot which can not be removed.

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9 Encroachment

1.Encroachment in plot observed in less than 10% of total area.

1. Encroachment in the form of Household constructions & Agriculture farms and others observed in more than 10% of total area.

10 Local

interference

1.Agreement on behalf of Local Panchayat/villagers observed. (NOC to be obtained from Sarpanch for carrying out plantation work)

1. Disagreement on behalf of Local Panchayat/villagers initially observed.

2. Agreement on behalf of Forest Department, Revenue Department & other local authorities observed.

2. Disagreement on behalf of Forest Department, Revenue Department & other local authorities initially observed.

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CHAPTER-4

PRICE PART

PREAMBLE TO SCHEDULE OF RATES

SL.NO. DESCRIPTION

ANNEXURE I Summary of Bidder’s Price ANNEXURE II Methodology for arriving at LI for a particular cluster

PREAMBLE TO SCHEDULE OF RATES


TENDER NO.: CHBL/TEN/CULT/0005 1. The schedule of rates shall be read with all other sections of this tender document including General Terms and Conditions of Contract and Special Terms and Conditions of Contract

(STC) where ever it is applicable. 2. The Bidders shall be deemed to have visited the site and studied the specifications and details of works to be done within the time schedule and to have acquainted him of the conditions prevailing at site. 3. The Bidder should quote in the format attached as ANNEXURE- I of Price part. 4. As per requirement the value of the work executed and the quantity of any item may vary up to any extent in course of execution and no claim for compensation in the eventuality of

variation shall be entertained at all. 5. PRICES, TAXES, DUTIES The quoted prices shall be deemed to be inclusive of all taxes, duties, octroi, levies, overheads

etc. unless separately specified. Income Tax and Works Contract Tax on any of the activities shall be deducted at source as applicable. In the event of any increase or decrease in the taxes or duties, the quoted price shall be accordingly increased or decreased so that there is no additional burden/benefit to the Bidder on account of changes in taxes/duties.

6. TERMS AND CONDITIONS 6.1 The CHBL shall not be in any manner, concerned with the internal affairs of Supplier /

tenderer / CONTRACTOR i.e. dispute and dissolution etc., or affair concerning any other third party that the supplier / CONTRACTOR may be having.

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6.2 Failure to discharge the contractual obligations by the tenderer may lead to black-listing of the firm for future supplies / tendering into the CHBL and the security deposited shall be forfeited in whole.

6.3 This contract shall remain in force for 3 years from the date of Award of Work. 7. DECLARATION I / We are giving a declaration that I/We are agreeable to all terms & conditions of Special

Conditions of Contract and General Conditions of Contract. (STAMP & SIGNATURE OF BIDDER)

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ANNEXURE- I OF PRICE PART

SUMMARY OF BIDDER’S PRICE

NAME OF WORK : PLANTATION AND MAINTENANCE OF JATROPHA CURCUS ON REVENUE WASTELANDS IN SURGUJA, JASPUR, RAIGARH AND JANJGIR- CHAMPA DISTRICTS OF CHHATTISGARH.

TENDER NO.: CHBL/TEN/CULT/0005

Cluster No. ---------------

Table: A - Price Bid for plantation and maintenance of plots

A) Plantation activities

S.NO Activity Quote Amount to be quoted

Amount in figures

Amount in Words

1. Land development:-

a) Full site preparation including removal of all existing jatropha and vegetative shrub growth along with complete bush clearance. b) Complete Destruction of all the existing termatoriums present in site and destruction of the queen from termatoriums. c) Site requires sub-soiling operation using mechanical means to breakup existing hard-pan and compaction layers by using MB plough in two directions, followed by harrowing across the slope and levelling. d) Application of Gypsum/ Ag lime may have to be carried out at the time of land preparation as per individual plot requirement. The cost of Gypsum/ Ag lime shall be borne by CHBL.

Q1

Rs & Paise per Ha (Area as per GPS)

2 Pit digging: a). Pit marking at a spacing of 2m X 2.5m, 3m X 1.5m, 3m X 2m, o 3m X 1m , 2m X 2m , 4m X 1.5 or any other formation, as advised by CHBL. The distance between plot boundary and pit rows should be at least 2 meter. b). Digging of pits as a cuboid of minimum size 30 cm X 30 cm X 30 cm.

Q2 Rs & Paise per Pit

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3 Partly refilling of pits with agri-inputs: Prepare a mixture of 2 kg well decomposed FYM and pit soil. Refill the pit with 50% of this mixture.

Q3 Rs & Paise per Pit

4a Transplanting of Jatropha Sapling and application of Nutrients/ other agri inputs:- a) Mixing of Bioinoculants (to be provided by CHBL) and basal dose of Fertilizers/Nutrients (to be procured by Agency, mentioned in point 4b of SOW) with balance 50 % soil at the time of planting of saplings. b) Transplanting of saplings along with remaining FYM-Soil and other nutrient mixture. Hold the sapling straight in the middle of the pit so that 5-10 cm hardy part of stem should also remain above soil surface after fully refilling the soil in pit. The roots in the pit must also not be bending or touching the hard surface (wherever requires remove the polybag with attention to maintaining integrity of soil and root mass).

c) Thoroughly press the loose soil around the plants and make a mound of soil around the plant stem.

d) After 10-15 days of transplanting, 2ml Fipronil per plant (to be procured by Agency) is to be applied. Make solution of 2ml Fipronil with 1 litre of water and apply at the collar portion of the saplings so that liquid penetrate in the root zone. This will restrict the termite attack on the plants.

Q4a

Rs & Paise per Plant

4b Supply of Nutrients/Fertilizers:- Following fertilizers are to be supplied by the agency at plantation site: Urea: 26 gm/Plant SSP : 125 gm/Plants MOP: 34gm/ plant. Total quantity to be applied in three splits (1st Split as basal dose during plantation, 2nd Split during Sept and 3rd Split during April).

Q4b Rs & Paise per Plant

5 Basin formation:-

Q5 Rs & Paise per Plant

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iv) Removing of weeds from the plant basin area(removing of unwanted plants from the plant basin).

v) Formation of plant basin with a radius of 50cm around the plant.

vi) Loosening of soil up to 10 cm depth in the basin area without causing damage to roots.

6.

Mulching:- Place an approved mulch material like Rice husk, Straw, hulls, saw dust or others in basin area of plants as an effective means of retaining and maintaining soil moisture.


B. Maintenance Activity:

S.NO Activity

Quote Amount to be quoted

Amount in figures

Amount in

Words

7 Pruning of plants: Plants having 1 or 3 stems and have attained height more than 55 cm should be cut back at 25-30 cm from ground. NOTE: While carrying out pruning, cutting, training etc, it is necessary to use sharp secateurs to avoid pealing of the bark. Pruning should be done at an angle/slant cutting so as to avoid deposition of water droplets on the cut portion. To ensure phyto sanitary pruning practices, pruning shears shall be periodically disinfected with suitable substance as advised by CHBL prevent spread of disease infections. Disposing of pruned material: All the cut portions of tree (green leaves, twigs etc.) should be well disposed by collecting the material and dumping into pits of sufficient size to accommodate such pruned material. Pit should be covered by soil after dumping the material. NOTE: Pit should be dug preferably in the shaded place for disposing cut portions of plants.


8 Maintenance of Basin formation & FYM mixing:- Formation of basin in area of 50 cm radius around stem for all plants and application of well decomposed FYM @ 1 kg per plant in basin area and thoroughly mixing with soil.


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9a Irrigation:- Irrigation of all surviving plants @ 15 Litres of water per plant 8 times in a year as per direction of CHBL during critical plant growth and development phase to support fruit development and resultant yield.( Oct, Nov, Dec) and the months prior to seasonal rains ( April, May). Irrigation water to be provided by CONTRACTOR with all the necessary arrangements for irrigation.

Q9a Rs & Paise per Plant

9b Irrigation through CHBL borewell:- Irrigation of all surviving plants @ 15 Litres of water per plant 8 times in a year as per direction of CHBL during critical plant growth and development phase to support fruit development and resultant yield.( Oct, Nov, Dec) and the months prior to seasonal rains ( April, May). Irrigation water to be provided through borewells at borewell discharge point while all the necessary arrangements will be made by the CONTRACTOR.

Q9b Rs & Paise per Plant

10 Mortality replacement: Pit digging (specification as per Activity-2), Replanting of Jatropha saplings 2 ml Fipronil per plant in one liter of water for preventative control of termite feeding and well decomposed FYM 1 kg/pit and pinching of saplingss (i.e. Removing tip of the plant).


11 Disease and Insect control spray application and foliar nutritional application: CONTRACTOR has to make necessary arrangements for equipments (sprayer, mixing tanks etc), required water and skilled manpower for Spraying/ drenching of agro-chemicals/pesticides/ growth hormones/nutrients/weedicides as and when required.


Q11 Rs & Paise per Ha (Area as per GPS)

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C. Watch & Ward and Seed Collection activity:

S.NO Activity


Amount in figures

Amount in

Words

12 Watch & ward: One Gardner for plot(s) of size less than equal to 20 Ha and two gardeners for plots of size more than 20 Ha for Watch and ward of plants, , fruits, equipment’s and seeds. He will be responsible for all other minor allied acivities at plantation site e.g. weeding, bush clearance, keeping the plot clean, minor repair works of basins, CPT, Mudhut etc, minor plantation maintenance works and others.


13 Fruit Harvesting and Packing: Plucking, deshelling, drying , packaging, handling and local storage of fruits/seeds plucked from CHBL plantation or any other plantation.

Q13 Rs & Paise per Kg dry seed

14 Transport of Seed to Raipur: Transportation of Seed from local storage points to Raipur, as and when the directed by CHBL.

Q14 Rs & Paise per tonne of dry seed

D. Other activities: S.NO Activity


Amount in figures

Amount in

Words

15 Digging and Maintenance of CPT: Digging and Maintenance of CPT of 1.5m depth and 1 m width in those plots where there is no CPT of this dimension. At the end of year contractor has to ensure dimension of CPT as 1.5 m depth and 1 m wide.

Q15 Rs & Paise per running meter

16 Geological Survey for underground water probability for Borewell provision:- Survey to be carried out for identifying points for bore well digging (to be conducted by Govt. Registered surveyor and report to be submitted in original. One point to be identified for every 20 ha.

Q16 Rs & Paise per Survey

17 Borewell Provision: Digging of approx. 500 feet borewell of 150 mm diameter with complete installation of 5 HP Pump of Crompton/ Tullu make. Prices quoted shall be inclusive of digging, supply & installation of pump with all pipe fittings, electrical cable, valves and

Q17 Rs & Paise per Bore well

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other items as per requirements. Party shall be responsible for taking permanent connection from CSEB. Meter charges and any other charges paid to CSEB shall be paid separately on receipt of bills. For operation of pump CONTRACTOR have to make asbestos pump shed of7 ft* 7 ft area with height of 7 ft

18 Temporary Office/Shelter/Storage construction: Construction of Temporary enclosed shelter of size 12ft x 12ft x 10 ft with Brick with mud, asbestos roof with wooden/ iron support, wooden/ metallic door ( 8’ X 3’) with locking arrangement, One no of wooden/ metallic window ( 4’ X 3’) with steel grill. Minimum height of shelter should be 10 ft. Floor of inside of shelter should be PCC (1:3:6). All the enclosure should be such that no Rat should be able to enter. From the roof of shelter one side projection with support of size 8 ft x 12 ft has to be made for housing of DG set.

Q18 Rs & Paise per Temporary Shelter

19 Construction of signboard: At every plot construction of sign board of display area 5ft X 4ft ( both side)& 230 mm wide in brick masonry in cement mortar (1:4) with plaster (1:3) is required. The height of sign board should be 2 ft from ground level with suitable foundation ( at least 2 ft inside ground). Complete painting of sign board is required with white wash/ sun proof paint. Art work in multicolour to be painted on both side of display area will be provided by CHBL.

Q19 Rs & Paise per Board

E. Site Testing:

S.NO Activity


Amount in figures

Amount in

Words

20 Soil Testing: It includes collection of random samples from plantation sites (as per directions of CHBL) and testing it from a reputed Laboratory. Report to be submitted in original which shall indicate nutrient content for Major and Minor elements, pH, E.C. (Electrical Conductivity), Soil profile details, Type of soil etc. One soil sample to be taken from each 2ha of land.

Q20 Rs and Paise per Site

21 Water testing: Water sampling to be carried out and analysis report (to be submitted in original) with details of water table, its suitability for irrigation, micro nutrient present etc. Sample to be collected from nearby/ village Bore well, pond etc. Water sample

Q21 Rs and Paise per Site

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testing to be carried out from a reputed laboratory.

Note:

8.5 Activities of irrigation will have to be carried out only after prior written approval of the officer of CHBL. Further, depending on monsoon and irrigation requirement of plants there will be flexibility in period of irrigation which will be mutually decided later on by CHBL’s Officers and CONTRACTOR.

8.6 The probable pests and diseases are mentioned below in Table A. However, bidder is bound to take pest and disease control measures for these as well as pests and diseases that may be observed other than those mentioned in Table A below at the same rate quoted in Quote-11 above.

8.7 The doses of chemicals to be applied in plant and its method of application will be decided by the CHBL’s Representative and will be binding on the CONTRACTOR. The quote for pest control includes all cost i.e. equipment’s, mandays, cost of chemicals, cost of water etc. that may be required to properly apply the pest control measure.

Sr. No. Insect/Pest/disease Chemical name 1 Broad mite Dicofol 18.5 EC 2 Broad mite & other sucking pests Abamectin 1.9 EC 3 Mites,Thrips& Mealy bug Dimethoate 30 EC 4 Mites Wettable sulphur 80WP 5 Thrips& Mealy bug Monocrotophos 36 EC 6 Thrips Methyl dematon 20 EC 7 Mealy bug Malathion 50 EC 8 Thrips& Leaf miner Neem oil 3 OE 9 Leaf Webber Endosulfan 35 EC 10 Leaf Webber Carbaryl 50 WDP 11 Leaf webber, Leaf miner &Thrips Chlorpyriphos 20 EC 12 Leaf miner & Broad Mite Acephate 75 SP 13 Leaf miner &Scutellarid bug Triazophos 40 EC 14 Scutellarid bug & Leaf webber Quinolphos 25 EC 15 Scutellarid bug Thiomethoxom 25 WG 16 Termite Chlorpyriphos 20EC 17 Wilt Carbendazim 50 WP 18 Damping off, Wilt, Collar rot Thiram 50 WP 19 Leaf blight & Leaf spot Mancozeb 80 WP 20 Collar rot and Foliar diseases Bordeaux mixture 21 Leaf blight, Leaf spot, wilt and Collar rot Copper Oxy Choloride 22 Powdery mildew Tridemorph 80 EC 23 Powdery mildew Wettable sulphur 80 WP

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24 Wilt, Collar rot Bordeaux mixture- 1 %

25 Any other chemical or Biological pesticides required to control above mentioned diseases or any other pest or diseases appear on Jatropha.

# Fumigation should be done only by the persons who have license to fumigate. EC- Emulsifiable Concentrates; WP- Wettable Powder; WDP- Water Dispersible Powder; SPSoluable Powder; WG- Wettable Granules; OE - Oil Emulsion. Bordeaux mixture- 1 %: Prepared by mixing of 1kg of copper sulphate + 1 kg of lime in 100 litres of water (Copper sulphate solution is added to the lime solutions)

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ANNEXURE II OF PRICE PART

Methodology for arriving at LI for a particular clu ster: 1. The Bidder’s quotes in Annexure-I of Price Part will be converted in to effective quotes as

per the methodology given in below table:

A) Plantation activities

B) Maintenance Activities

Sr. No.

Activity Quote Amount to be

Quoted in Effective Quote

(EQ)

1 Land Development Q1

Rs. & Paisa. Per Ha (Area as per GPS measurement)

EQ=Q1/2000

2 Pit Digging Q2 Rs. and paisa per pit

EQ =Q2

3 Partly refilling of pits with agri-inputs: Q3 Rs. and paisa per pit

EQ =Q3

4a Transplanting of Jatropha Sapling and Application of Nutrients

Q4a Rs. and paisa per plant

EQ =Q4a

4b Supply of Nutrients Q4b Rs. and paisa per plant

EQ =Q4b

5 Basin formation Q5 Rs. and paisa per plant

EQ =Q5

6 Mulching Q6

Rs. and paisa per plant

EQ =Q6

Cumulative Quote of plantation activities (CQI) Sum of above effective quotes

S.No Activity Quote Amount to be


(EQ)

7 Pruning and Disposing of pruned material:

Q7 Rs. and paisa per plant

EQ =Q7

8 Basin formation & FYM mixing: Q8 Rs. and paisa

per plant EQ =Q8

9a Irrigation (water to be provided by CONTRACTOR.)

Q9a Rs. and paisa

per plant EQ =0.5X Q9a

9b Irrigation through CHBL borewell and soil working:

Q9b Rs. and paisa per plant

EQ =0.5XQ9b

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C. Watch and Ward & Seed Collection activity:

D. Other activities:

E. Site Testing:

10 Mortality replacement

Q10 Rs. and paisa

per plant EQ =0.5XQ10

11 Disease and pest/insect control spray application and foliar nutritional application.

Q11 Rs. and paisa

per Ha EQ =Q11/2000

Cumulative Quote of plantation activities (CQII ) Sum of above effective quotes



(EQ) 12

Watch & ward (for full year) Q12 Rs. and paisa per plant

EQ = Q12

Cumulative Quote of plantation activities (CQIII ) Sum of above effective quotes



(EQ)

13 Digging and Maintenance of CPT Q15 Rs. and paisa per running meter

EQ =Q15X0.05

14 Geological Survey for underground water probability for Borewell provision:

Q16 Rs. and Paisa per plot/cluster survey

EQ =50%X (Q16/40000)

15 Borewell Provision Q17 Rs. and Paisa per Successful borewell

EQ =50%X (Q17/40000)

16 Temporary Shelter construction

Q18 Rs and paise per shelter

EQ =50%X (Q18/40000)

17 Construction of signboard Q19 Rs and paise per Sign Board

EQ =50%X (Q19/40000)

Cumulative Quote of other activities (CQIV ) Sum of above effective quotes

Sr. No.

Activity Quote Amount to be Quoted in

Effective Quote (EQ)

18 Soil Testing Q20 Rs and Paise per Site

EQ = Q20/ 4000

Cumulative Quote of other activities (CQV) Sum of above effective quotes

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1. The sum of above derived cumulative quotes i.e CQI, CQII, CQIII, CQIV and CQV will be the basis of comparing the different price bids eligible for particular cluster and the Bidder having lowest of this sum will be L1 and would be awarded the work order for that cluster.

2. The above methodology will be considered only for evaluation of Price bids and arriving at L1.

3. Work order for Activities of Digging of CPT, Bore-well and shelters will be placed separately as and when required and considering the actual quote for each activity.

4. Bidder is requested to refer Annexure XI to ITB before quoting rates for the above activities. 5. For Bidders quoting for more than one Cluster, separate price quotation for each Cluster

should be submitted in the format in ANNEXURE- I of Price part in separate envelope. 6. Necessary withholding tax (TDS)/work contract tax, if applicable, will be deducted from the

gross amount payable as per law.

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ANNEXURE-III to PRICE PART Illustration for evaluation of Price Bids for 10 Clusters

Assumptions: If for example 14 Bidders A to N quoted for various Clusters, as per the cost data given below in the following table.

1. Bidder A quote for 4 Clusters 2. Bidder B quote for 2 Clusters 3. Bidder C quote for 4 Clusters 4. Bidder D quote for3 Clusters 5. Bidder E quote for 4 Clusters 6. Bidder F quote for 2 Clusters 7. Bidder G quote for 4 Clusters 8. Bidder H quote for 2 Clusters 9. Bidder I quote for 2 Clusters 10. Bidder J quote for 4 Clusters 11. Bidder K quote for 2 Clusters 12. Bidder L quote for 2 Clusters 13. Bidder M quote for 5 Clusters 14. Bidder N quote for 2 Clusters

Total of Cumulative quotes (CQ1, CQII, CQIII, CQIV & CQV)

Bidder Cluster Code No of

cluster in which L1

01 02 03 04 05 06 07 08 09 10

A 18.2 17.3 15.8 17.8 2

B 19.3 17.4 0

C 19.4 16.5 19.9 16.9 1

D 19.8 16.8 16.5 0

E 18.4 16.6 17.9 10.2 1

F 16.4 17.8 2

G 19.9 17.6 18.6 19.2 0

H 19.7 19.8 0

I 19.6 18.5 0

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J 19.6 17.9 16.9 18.2 0

K 19.9 17.9 0

L 19.7 17.6 0

M 19.5 16.3 17.8 18.6 16.1 4

N 18.2 17.6 0

L1 Cost 18.2 18.4 16.4 16.3 17.8 17.8 15.8 18.6 16.9 16.1 10

L2 Cost 19.5 19.4 16.6 16.5 17.9 19.3 16.9 19.2 17.8 16.5

Difference Between L1 & L2

01.3 01.0 00.2 00.2 00.1 01.5 01.1 00.6 00.9 00.4

Example 1

1 Since the Bidder M is L1 in 4 Clusters, he may be considered for all 4 Clusters.

2 Bidder B, D, G, H, I, J, K, L & N are not L1 in any Cluster.

3 Bidder A is L1 in 2 Clusters (Code: 01, 07)

4 Bidder C is L1 in 1 Cluster (Code: 09)

5 Bidder E is L1 in 1 Cluster (Code: 02)

6 Bidder F is L1 in 2 Cluster (Code: 03,06)

7 Bidder M is L1 in 4 Cluster (Code: 04,05,08,10)

8 If all bidders are eligible for more nos. of Clusters than they are L1( as per ceiling for allotment of clusters for PO, there is no problem and Clusters in which bidder is L1 would be allotted.

Example 2

Bidder M who has quoted for 5 Clusters but can be allotted only 3 Clusters.

Since the Bidder M is L1 in 4 Clusters and he can be allotted maximum 3 Clusters he will be considered for 3 Clusters in the order of priority based on minimum difference between L1 and L2 cost.

The difference for L1 and L2 for Cluster 05 is minimum i.e. 0.10 only. Hence Cluster 05 would be allotted to Bidder E who is L2 in addition to Cluster 02, where he is L1.

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Bidder M would be allotted other 3 Clusters where he is L1.

In this case additional cost to CHBL would be 0.10 which is minimum; Hence, it is Cluster no. 05, which would be allotted to Bidder E and not to bidder M despite being L1 due to conditions that maximum nos. of clusters that can be allotted to bidder M is 3 only.

Disclaimer: Quotes in above illustrations are fictitious and bears no resemblance with actual cost of the activities and it is just to make Bidders understand the evaluation process.

(Stamp & Signature of the Bidder)

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CHAPTER 5

GENERAL TERMS & CONDITIONS (GTC) OF CONTRACT

1 PRELIMINARY

1.1 This is a Contract for execution of “___________________________________________________________________________________________________________________________________________________________________”work at ______________________________. (please fill up the blanks)

1.2 The tenderer for the abovementioned item of work is_____________________________________________________________________________________________________________________. (please give the name and address of the tenderer)

1.3 The terms and conditions mentioned hereunder are the terms and conditions of the Contract for the execution of the work mentioned under item 1.1 above.

1.4 It is the clear understanding between CREDA-HPCL Biofuel Limited and the tenderer ______________________________________ that (name and address of the tenderer) in case the tender of ___________________________________________________ is (name and address of the tenderer) accepted by CREDA-HPCL Biofuel Limited and an intimation to that effect is so issued and also a Purchase Order is placed with ________________________________________________________ (name and address of the tenderer) this document will be termed as a Contract between the parties and terms and conditions hereunder would govern the parties interest.

1.5 Interpretation of Contract Documents:

1.5.1 All documents forming part of the Contract are to be taken mutually explanatory. Should there be any discrepancy, inconsistency, error or omission in the contract, the decision of the Owner/Officer-in-Charge/Site-in-Charge shall be the final and the contractor shall abide by the decision. The decision shall not be arbitrable. Works shown upon the drawings but not mentioned in the specification or described in the specifications without being shown on the drawings shall nevertheless be deemed to be included in the same manner as if they are shown in the drawings and described in the specifications.

1.5.2 Wherever the context so requires, the words imparting the singular shall also include the plural and vice versa and words imparting the masculine gender shall also include feminine gender and the neuter gender and vice versa.

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No verbal agreement, assurances, representations or understanding given by the Owner’s Representative, any employee or officer of the Owner or so understood by the Contractor, whether given or understood before or after the execution of the Contract, shall in any way bind the Owner or alter the Contract Documents unless specifically given in writing and signed by the Owner.

1.5.3Section and/or clause heading given in this or any other document forming part of the Contract Documents are intended only as a general guide for convenience in reading and segregating the general subject of various clauses, but do not form part of the Contract Documents, with the intent that the clause headings shall not govern the meaning or importance of the clauses there under appearing or confine or otherwise affect the interpretation thereof.

1.5.4 Should the Contractor have any doubt or ambiguity regarding the interpretation of any specific provision of the Contract Documents for reasons of any apparent error, omission or contradiction therein or in any of them or otherwise, the Contractor shall, prior to commencing the Work (or part/portion of the Work) apply in writing to the Owner for clarification of the doubt, ambiguity or contradiction including correction and/or rectification of such error or omission, as the case may be. Any clarification so provided on any such specific provision by the Owner upon due consideration of the Contract Documents particularly keeping in view the overall intent of the Contract and towards implementation of such intent, shall be communicated in writing by the Owner to the Contractor, and the same shall to that extent be read as part of the concerned provision(s) of the Contract and shall have an overriding effect over such specific provision/s of the Contract Documents.

1.6 Special Terms and conditions of Contract : The special conditions of contract, if any provided and whenever and wherever referred to shall be read in conjunction with General Terms and Conditions of contract, specifications, drawings, and any other documents forming part of this contract wherever the context so requires. Notwithstanding the subdivision of the documents into separate sections, parts volumes, every section, part or volume shall be deemed to be supplementary or complementary to each other and shall be read in whole. In case of any misunderstanding arising the same shall be referred to decision of the Owner/ Officer-in-Charge/Site-in-Charge and their decision shall be final and binding and the decision shall not be arbitrable. It is the clear understanding that wherever it is mentioned that the Contractor shall do/perform a work and/or provide facilities for the performance of the work, the doing or the performance or the providing of the facilities is at the cost and expenses of the work not liable to be paid or reimbursed by the Owner.

2. DEFINITIONS

In this contract unless otherwise specifically provided or defined and unless a contrary intention appears from the contract the following words and expressions are used in the following meanings;

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2.1 The term "Agreement" wherever appearing in this document shall be read as "Contract".

2.2 The "Authority" for the purpose of this Contract shall be the Chief Executive Officer or any other person so appointed or authorized by the Board of Directors of CREDA-HPCL Biofuel Limited.

2.3 The "Chief Executive Officer" shall mean the Chief Executive Officer of CREDA-HPCL Biofuel Limited.

2.4 The "Change Order" means an order given in writing by the Officer-in-Charge or by Owner to effect additions to or deletion from or alterations into the Work.

2.5 The "Construction Equipment" means all appliances and equipment of whatsoever nature for the use in or for the execution, completion, operation or maintenance of the work except those intended to form part of the Permanent Work.

2.6 The "Contract" between the Owner and the Contractor shall mean and include all documents like enquiry, tender submitted by the contractor and the purchase order issued by the owner and other documents connected with the issue of the purchase order and orders, instruction, drawings, change orders, directions issued by the Owner/Officer-in-Charge/Site-in-Charge for the execution, completion and commissioning of the works and the period of contract mentioned in the Contract including such periods of time extensions as may be granted by the owner at the request of the contractor and such period of time for which the work is continued by the contractor for purposes of completion of the work.

2.7 "The Contractor" means the person or the persons, firm or Company whose tender has been accepted by the Owner and includes the Contractor's legal heirs, representative, successor(s) and permitted assignees.

2.8 The "Drawings" shall include maps, plans and tracings or prints thereof with any modifications approved in writing by the Officer-in-Charge and such other drawings as may, from time to time, be furnished or approved in writing by the Officer-in-Charge.

2.9 The "Officer-in-Charge or Site-in-Charge" shall mean the person appointed or designated as such by the Owner and shall include those who are expressly authorized by the owner to act for and on its behalf.

2.10 "The Owner" means the CREDA-HPCL BIOFUEL LTD incorporated in India having its Registered office at Sector-1, New Shanti Nagar, Opposite MESONET Quarters,Shankar Nagar Road, Adjacent to Cement Pipe Factory, Raipur-492007.

2.11 The "Permanent Work" means and includes works which form a part of the work to be handed over to the Owner by the Contractor on completion of the contract.

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2.12 The "Project Manager" shall mean any person so appointed, nominated or designatedby the owner.

2.13 The "Site" means the land on which the work is to be executed or carried out and such other place(s) for purpose of performing the Contract.

2.14 The "Specifications" shall mean the various technical and other specifications attached and referred to in the tender documents. It shall also include the latest editions, including all addenda/corrigenda or relevant Indian Standard Specifications and Bureau of Indian Standards.

2.15 The "Sub-Contractor" means any person or firm or Company (other than the Contractor) to whom any part of the work has been entrusted by the Contractor with the prior written consent of the Owner/Officer-in-Charge/Site-in- Charge and their legal heirs, representatives, successors and permitted assignees of such person, firm or Company.

2.16 The "Temporary Work" means and includes all such works which are a part of the contract for execution of the permanent work but does not form part of the permanent work confirming to practices, procedures applicable rules and regulations relevant in that behalf.

2.17 The "Tender" means the document submitted by a person or authority for carrying out the work and the Tenderer means a person or authority who submits the tender offering to carry out the work as per the terms and conditions.

2.18 The "Work" shall mean the works to be executed in accordance with the Contract or part thereof as the case may be and shall include extra, additional, altered or substituted works as maybe required for the purposes of completion of the work contemplated under the Contract.

2.19 "Project" shall mean the project embracing the Work(s) forming the subject matter of the Contract.

2.20 “Project Location(s)” shall mean all such area(s) where Work (as defined hereinafter) is carried out/to be carried out by the Contractor. The term “Project Location(s)”, should in context of the Contract Document permitting, be interchangeably read as an expression signifying and/or mean to include the expression “Site(s)”, or “Cluster(s)” or “Plot(s)”.

2.21 "Work" or "Scope of Work" , shall mean the totality of the work, services and/or activities to be performed by the Contractor including the totality of Contractor’s responsibilities to be discharged, as envisaged by expression or implication in the Contract Documents and shall include all direct and/or indirect tangible or intangible inputs required for such performance including Annexure A to Special Conditions of Contract.

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2.22 “Time Schedule" shall mean the time schedule for final completion of the Work encompassing amongst others any interim time schedules set up or to be set up by the Owner for achieving interim/phase-wise/stage-wise progress/completion /testing/ commissioning/handing in terms of the Contract and include any extensions and/or modifications of the Time Schedule by the Owner in terms of the Contract.

2.23 The "Total Contract Value" shall subject to any adjustments, set-offs and/or deductions/retentions that may be made by the Owner as per the terms of the Contract, mean the entire estimated remuneration as specified in the Acceptance of Tender due to the Contractor for successful completion of the Work.

2.24 “Tender Documents” shall mean the collective of the tender document (including General Conditions of the Contract, Special Terms and Conditions of the contract and any attachments/annexure/schedules annexed with the Tender document)issued by the Owner, all Amendments/Addendums issued by the Owner, all Bid documents submitted by the Contractor in response to the tender document and clarifications/additional information sought by the Owner during the Bid evaluation process & replies received in responses to these clarifications/information sought.

3. SUBMISSION OF TENDER

3.1 Before submitting the Tender, the Tenderer shall at their own cost and expenses visit the site, examine and satisfy as to the nature of the existing roads, means of communications, the character of the soil, state of land and of the excavations, the correct dimensions of the work facilities for procuring various construction and other material and their availability, and shall obtain information on all matters and conditions as they may feel necessary for the execution of the works as intended by the Owners and shall also satisfy of the availability of suitable water for construction of civil works and for drinking purpose and power required for fabrication work etc. Tenderer, whose tender may be accepted and with whom the Contract is entered into shall not be eligible and be able to make any claim on any of the said counts in what so ever manner for what so ever reasons at any point of time and such a claim shall not be raised as a dispute and shall not be arbitrable.

A pre-bid meeting may be held as per the schedule mentioned in the tender.

3.2 The Tenderer shall be deemed to have satisfied fully before tendering as to the correctness and sufficiency of his tender for the works and of the rates and prices quoted in the schedule of quantities which rates and prices shall except as otherwise provided cover all his obligations under the contract.

3.3 It must be clearly understood that the whole of the conditions and specifications are intended to be strictly enforced and that no work will be considered as extra work and allowed and paid for unless they are clearly outside the scope, spirit, meaning of the

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Contract and intent of the Owner and have been so ordered in writing by Owner and/or Officer-in-Charge/Site-in-Charge, whose decision shall be final and binding.

3.4 Before filling the Tender the Contractor will check and satisfy all drawings and

materials to be procured and the schedule of quantities by obtaining clarification from the Owner on all the items as may be desired by the Tenderer. No claim for any alleged loss or compensation will be entertained on this account, after submission of Tender by the Tenderer/Contractor and such a claim shall not be arbitrable.

3.5 Unless specifically provided for in the tender documents or any Special Conditions, no escalation in the Tender rates or prices quoted will be permitted throughout the period of contract or the period of actual completion of the job whichever is later on account of any variation in prices of materials or cost of labour or due to any other reasons. Claims on account of escalation shall not be arbitrable.

3.6 The quantities indicated in the Tender are approximate. The approved schedule of rates of the contract will be applicable for variations upto plus or minus 25% of the contract value. No revision of schedule of rates will be permitted for such variations in the contract value, including variations of individual quantities, addition of new items, alterations, additions/deletions or substitutions of items, as mentioned above Quantities etc. mentioned and accepted in the joint measurement sheets shall alone be final and binding on the parties.

3.7 Owner reserve their right to award the contract to any tenderer and their decision in this regard shall be final. They also reserve their right to reject any or all tenders received. No disputes could be raised by any tenderer(s) whose tender has been rejected.

3.8 The Rates quoted by the Tenderer shall include Costs and expenses on all counts viz. cost of materials, transportation of machine(s), tools, equipments, labour, power, Administration charges, price escalations, profits, etc. etc. except to the extent of the cost of material(s), if any, agreed to be supplied by Owner and mentioned specifically in that regard in condition of Contract, in which case, the cost of such material if taken for preparation of the Contractor's Bill(s) shall be deducted before making payment of the Bill(s) of the Contractor. The description given in the schedule of quantities shall unless otherwise stated be held to include wastage on materials, carriage and cartage, carrying in and return of empties, hoisting, setting, fitting and fixing in position and all other expenses necessary in and for the full and complete execution and completion of works and in accordance with good practice and recognised principles in that regard.

3.9 Employees of the State and Central Govt. and employees of the Public Sector Undertakings, including retired employees are covered under their respective service conditions/rules in regard to their submitting the tender. All such persons should ensure compliance to the respective/applicable conditions, rules etc. etc. Any person not

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complying with those rules etc. but submitting the tender in violation of such rules, after being so noticed shall be liable for the forfeiture of the Earnest Money Deposit made with the tender, termination of Contract and sufferance on account of forfeiture of Security Deposit and sufferance of damages arising as a result of termination of Contract.

3.10 In consideration for having a chance to be considered for entering into a contract with the Owner, the Tenderer agrees that the Tender submitted by him shall remain valid for the period prescribed in the tender conditions, from the date of opening of the tender. The Tenderer shall not be entitled during the said validity period, to revoke or cancel the tender without the consent in writing from the Owner. In case the tenderer revokes or cancels the tender or varies any of terms of the tender without the Consent of the Owner, in writing, the Tenderer forfeits the right to the refund of the Earnest Money paid along with the tender.

3.11 The prices quoted by the Tenderer shall be firm during the validity period of the bid and Tenderer agrees to keep the bid alive and valid during the said period. The Tenderers shall particularly take note of this factor before submitting their tender(s).

3.12 The works shall be carried out strictly as per approved specifications. Deviations, if any, shall have to be authorised by the Officer-in-Charge/Site-in-Charge in writing prior to implementing deviations. The price benefit, if any, arising out of the accepted deviation shall be passed on to the Owner. The decision of Officer-in-Charge shall be final in this matter.

3.13 The contractor shall make all arrangements at his own cost to transport the required materials outside and inside the working places and leaving the premises in a neat and tidy condition after completion of the job to the satisfaction of Owner. All materials except those agreed to be supplied by the Owner shall be supplied by the contractor at his own cost and the rates quoted by the Contractor should be inclusive of all royalties, rents, taxes, duties, octroi, statutory levies, if any, etc. etc.

3.14 The Contractor shall not carry on any work other than the work under this Contract within the Owner’s premises without prior permission in writing from the Officer-in-Charge/Site-in-charge.

3.15 The Contractor shall be bound to follow and ensure compliance to all the safety and security regulations and other statutory rules applicable to the area. In the event of any damage or loss or sufferance caused due to non-observance of such rules and regulations, the contractor shall be solely responsible for the same and shall keep the Owner indemnified against all such losses and claims arising from the same.

3.16 At any time after acceptance of tender, the Owner reserves the right to add, amend or delete any work item, the bill of quantities at a later date or reduce the scope of work in

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the overall interest of the work by prior discussion and intimation to the Contractor. The decision of Owner, with reasons recorded therefor, shall be final and binding on both the Owner and the Contractor. The Contractor shall not have right to claim compensation or damage etc. in that regard. The Owner reserves the right to split the work under this contract between two or more contractors without assigning any reasons.

3.17 Contractor shall not be entitled to sublet, sub contract or assign, the work under this Contract without the prior consent of the Owner obtained in writing.

3.18 All signatures in tender document shall be dated as well as all the pages of all sections of the tender documents shall be initialed at the lower position and signed, wherever required in the tender papers by the Tenderer or by a person holding Power of Attorney authorising him to sign on behalf of the tenderer before submission of tender.

3.19 The tender should be quoted in English, both in figures as well as in words. The rates and amounts tendered by the Tenderer in the Schedule of rates for each item and in such a way that insertion is not possible. The total tendered amount should also be indicated both in figures and words with the signature of tenderer.

If some discrepancies are found between the rates given in words and figures of the amount shown in the tender, the following procedure shall be applied:

(a) When there is a difference between the rates in figures and words, the rate which corresponds to the amount worked out by the tenderer shall be taken as correct.

(b) When the rate quoted by the tenderer in figures and words tallies but the amount is incorrect, the rate quoted by the tenderer shall be taken as correct.

(c) When it is not possible to ascertain the correct rate in the manner prescribed above the rate as quoted in words shall be adopted.

3.20 All corrections and alterations in the entries of tender paper will be signed in full by the tenderer with date. No erasures or over writings are permissible.

3.21 Transfer of tender document by one intending tenderer to the another one is not permissible. The tenderer on whose name the tender has been sent only can quote.

3.22 The Tender submitted by a tenderer if found to be incomplete in any or all manner is liable to be rejected. The decision of the Owner in this regard is final and binding. In case of any error/discrepancy in the amount written in words and figures, the lower amount between the two shall prevail.

4. DEPOSITS

a) EARNEST MONEY DEPOSIT (EMD):

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The tenderer will be required to pay a sum as specified in the covering letter, as earnest money deposit along with the tender either thru a crossed demand draft or a non-revocable Bank Guarantee in favour of CREDA-HPCL Biofuel Limited, from any Scheduled Bank (other than a Co-Operative Bank) payable at Raipur in favour of CREDA-HPCL Biofuel Limited, Raipur in the proforma enclosed. The earnest money deposit will be refunded after finalisation of the contract.

Note: Public sector enterprises and small scale units registered with National Small Scale Industries are exempted from payment of Earnest Money Deposit. Small scale units registered with National Small Scale Industries should enclose a photocopy of their registration certificate with their quotation to make their quotation eligible for consideration. The Registration Certificate should remain valid during the period of the contract that may be entered into with such successful bidder. Such tenderers should ensure validity of the Registration Certificate for the purpose.

b) SECURITY DEPOSIT:

The tenderer, with whom the contract is decided to be entered into and intimation is so given will have to make a security deposit of one percent (1%) of the total contract value in the form of account payee crossed demand draft drawn in favour of the Owner, within 15 days from the date of intimation of acceptance of their tender, failing which the Owner reserves the right to cancel the Contract and forfeit the EMD. 1% of PO/Contract value as Security deposit will be acceptable in the form of Demand draft uptoRs. 50,000/- and in the form of Demand draft / Bank guarantee beyond Rs. 50,000/-. Composite Performance Bank Guarantee (CPBG) for 10% of PO value towards Performance Bank Guarantee inclusive of Security Deposit shall be accepted (in lieu of deduction of retention money); such CPBG shall be valid upto a period of 3 months beyond the expiry of defect liability period. Demand Draft should be drawn on Scheduled Bank (other than a Co-Operative Bank).

5. EXECUTION OF WORK

All the works shall be executed in strict conformity with the provisions of the contract documents and with such explanatory details, drawings, specifications and instructions as may be furnished from time to time to the Contractor by the Officer-in-Charge/ Site-in-Charge, whether mentioned in the Contract or not. The Contractor shall be responsible for ensuring that works throughout are executed in the most proper and workman- like manner with the quality of material and workmanship in strict accordance with the specifications and to the entire satisfaction of the Officer-in- Charge/Site-in-Charge. The completion of work may entail working in monsoon also. The contractor must maintain the necessary work force as may be required during monsoon and plan to execute the job in such a way the entire project is completed within the contracted time schedule. No extra charges shall be payable for such work during monsoon. It shall be the responsibility of the contractor to keep the construction

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work site free from water during and off the monsoon period at his own cost and expenses. For working on Sundays/Holidays, the contractor shall obtain the necessary permission from OfficerIncharge/Site Incharge in advance. The contractor shall be permitted to work beyond the normal hours with prior approval of Officer-In-Charge/Site-In-Charge and the contractors quoted rate is inclusive of all such extended hours of working and no extra amount shall be payable by the owner on this account.

5.a. SETTING OUT OF WORKS AND SITE INSTRUCTIONS

5.a.1 The Officer-in-Charge/Site-in-Charge shall furnish the Contractor with only the four corners of the work site and a level bench mark and the Contractor shall set out the works and shall provide an efficient staff for the purpose and shall be solely responsible for the accuracy of such setting out.

5.a.2 The Contractor shall provide, fix and be responsible for the maintenance of all necessary stakes, templates, level marks, profiles and other similar things and shall take all necessary precautions to prevent their removal or disturbance and shall be responsible for consequences of such removal or disturbance should the same take place and for their efficient and timely reinstatement. The Contractor shall also be responsible for the maintenance of all existing survey marks, either existing or supplied and fixed by the Contractor. The work shall be set out to the satisfaction of the Officer-in-Charge/Site-in-Charge. The approval thereof or joining in setting out the work shall not relieve the Contractor of his responsibility.

5.a.3. Before beginning the works, the Contractor shall, at his own cost, provide all necessary reference and level posts, pegs, bamboos, flags ranging rods, strings and other materials for proper layout of the work in accordance with the scheme, for bearing marks acceptable to the Officer-in-Charge/Site-in-Charge. The Centre longitudinal or face lines and cross lines shall be marked by means of small masonary pillars. Each pillar shall have distinct marks at the centre to enable theodolite to be set over it. No work shall be started until all these points are checked and approved by the Officer-in-Charge/Site-in-Charge in writing. But such approval shall not relieve the contractor of any of his responsibilities. The Contractor shall also provide all labour, materials and other facilities, as necessary, for the proper checking of layout and inspection of the points during construction.

5.a.4. Pillars bearing geodetic marks located at the sites of units of works under construction should be protected and fenced by the Contractor.

5.a.5. On completion of works, the contractor shall submit the geodetic documents according to which the work was carried out.

5.a.6. The Officer-in-Charge/Site-in-Charge shall communicate or confirm his instructions to the contractor in respect of the executions of work in a "work site order book"

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maintained in the office having duplicate sheet and the authorised representative of the contractor shall confirm receipt of such instructions by signing the relevant entries in the book.

5.a.7. All instructions issued by the Officer-in-Charge/Site-in-Charge shall be in writing. The Contractor shall be liable to carry out the instructions without fail.

5.a.8. If the Contractor after receipt of written instruction from the Officer-in-Charge/Site-in-Charge requiring compliance within seven days fails to comply with such drawings or 'instructions' or both as the Officer-in-Charge/Site-in-Charge may issue, owner may employ and pay other persons to execute any such work whatsoever that may be necessary to give effect to such drawings or `instructions' and all cost and expenses incurred in connection therewith as certified by the Officer-in-Charge/ Site-in-Charge shall be borne by the contractor or may be deducted from amounts due or that may become due to the contractor under the contract or may be recovered as a debt.

5.a.9. The Contractor shall be entirely and exclusively responsible for the horizontal and vertical alignment, the levels and correctness of every part of the work and shall rectify effectually any errors or imperfections therein. Such rectifications shall be carried out by the Contractor, at his own cost.

5.a.10. In case any doubts arise in the mind of the Contractor in regard to any expressions, interpretations, statements, calculations of quantities, supply of material rates, etc. etc., the contractor shall refer the same to the Site-in-Charge/ Officer-in-Charge for his clarification, instructions, guidance or clearing of doubts. The decision of the Officer-in-Charge/Site-in-Charge shall be final and the contractor shall be bound by such a decision.

5.a.11. "The Contractor shall take adequate precautions, to ensure that his operations do not create nuisance or misuse of the work space that shall cause unnecessary disturbance or inconvenience to others at the work site".

5.a.12 "All fossils, coins articles of value of antiquity and structure or other remains of geological or archaeological discovered on the site of works shall be declared to be the property of the Owner and Contractor shall take reasonable precautions to prevent his workmen or any other persons from removing or damaging any such articles or thing and shall immediately inform the Owner/Officer-in-Charge/Site-in-Charge."

5.a.13. "Contractor will be entirely and exclusively responsible to provide and maintain at his expenses all lights, guards, fencing, etc. when and where even necessary or/as required by the Officer-in-Charge/Site-in-Charge for the protection of works or safety and convenience to all the members employed at the site or general public."

5.b. COMMENCEMENT OF WORK

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The contractor shall after paying the requisite security deposit, commence work within 15 days from the date of receipt of the intimation of intent from the Owner informing that the contract is being awarded. The date of intimation shall be the date/day for counting the starting day/date and the ending day/date will be accordingly calculated. Penalty, if any, for the delay in execution shall be calculated accordingly. Contractor should prepare detailed fortnightly construction programme for approval by the Officer-in-Charge within one month of receipt of Letter Of Intent. The work shall be executed strictly as per such time schedule. The period of Contract includes the time required for testing, rectifications, if any, re-testing and completion of work in all respects to the entire satisfaction of the Officer-in-Charge.

A Letter of Intent is an acceptance of offer by the Owner and it need not be accepted by the contractor. But the contractor should acknowledge a receipt of the purchase order within 15 days of mailing of Purchase Order and any delay in acknowledging the receipt will be a breach of contract and compensation for the loss caused by such breach will be recovered by the Owner by forfeiting earnest money deposit/bid bond.

5.c. SUBLETTING OF WORK

5.c.1. No part of the contract nor any share or interest thereof shall in any manner or degree be transferred, assigned or sublet, by the Contractor, directly or indirectly to any firm or corporation whatsoever, without the prior consent in writing of the Owner.

5.c.2. At the commencement of every month the Contractor shall furnish to the Officer-in-charge/Site-in-Charge list of all sub-contractors or other persons or firms engaged by the Contractor.

5.c.3 The contract agreement will specify major items of supply or services for which the Contractor proposes to engage sub-Contractor/sub-Vendor. The contractor may from time to time propose any addition or deletion from any such list and will submit the proposals in this regard to the Officer-in-charge/Designated officer-in-charge for approval well in advance so as not to impede the progress of work. Such approval of the Officer-in-charge/Designated officer-in-charge will not relieve the contractor from any of his obligations, duties and responsibilities under the contract.

5.c.4. Notwithstanding any sub-letting with such approval as resaid and notwithstanding that the Officer-in-Charge shall have received copies of any sub-contract, the Contractor shall be and shall remain solely to be responsible for the quality and proper and expeditious execution of the works and the performance of all the conditions of the contract in all respects as if such subletting or sub-contracting had not taken place and as if such work had been done directly by the Contractor.

5.c.5 Prior approval in writing of the Owner shall be obtained before any change is made in the constitution of the contractor/Contracting agency otherwise contract shall be

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deemed to have been allotted in contravention of clause entitled “sub-letting of works” and the same action may be taken and the same consequence shall ensue as provided in the clause of “subletting of works”.

5.d EXTENSION OF TIME

5.d.1 If the Contractor anticipates that he will not be able to complete the work within the contractual delivery/ completion date (CDD), then the Contractor shall make a request for grant of time extension clearly specifying the reasons for which he seeks extension of time and demonstrating as to how these reasons were beyond the control of the contractor or attributable to the Owner. This request should be made well before the expiry of the Contractual Delivery/ Completion Date (CDD).

5.d.2 If such a request for extension is received with a Bank Guarantee for the full Liquidated Damages amount calculated on the Total Contract Value, the concerned Chief Executive Officer of the Owner shall grant a Provisional extension of time, pending a decision on the request.

5.d.3 The concerned Chief Executive Officer of the Owner shall expeditiously decide upon the request for time extension and decide the levy of liquidated damages within a maximum period of 6 months fom the CDD or date of receipt of the request, whichever is later.

5.d.4 Grant of any extension of time shall be by means of issuance of a Change Order.

5.d.5 In order to avoid any cash crunch to the Contractor, a Bank Guarantee could be accepted against LD, as stated above. Once a decision is taken, the LD shall be recovered from any pending bills or by encashment of the BG. Any balance sum of Contractor or the BG (if LD is fully recovered from the bills) shall be promptly refunded/returned to the Contractor.

5.e. SUSPENSION OF WORKS

5.e.1. Subject to the provisions of this contract, the contractor shall if ordered in writing by the Officer- in-Charge/Site-in-Charge for reasons recorded suspend the works or any part thereof for such period and such time so ordered and shall not, after receiving such, proceed with the work therein ordered to uspended until he shall have received a written order to re-start. The Contractor shall be entitled to claim extension of time for that period of time the work was ordered to be suspended. Neither the Owner nor the Contractor shall be entitled to claim compensation or damages on account of such an extension of time.

5.e.2. In case of suspension of entire work, ordered in writing by Officer-in-Charge/Site-in-Charge, for a period of 30 days, the Owner shall have the option to terminate the Contract as provided under the clause for termination. The Contractor shall not be at

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liberty to remove from the site of the works any plant or materials belonging to him and the Employer shall have lien upon all such plant and materials.

5.e.3. The contract shall, in case of suspension have the right to raise a dispute and have the same arbitrated but however, shall not have the right to have the work stopped from further progress and completion either by the owner or through other contractor appointed by the owner.

5.f. OWNER MAY DO PART OF WORK

Notwithstanding anything contained elsewhere in this contract, the owner upon failure of the Contractor to comply with any instructions given in accordance with the provisions of this contract, may instead of Contract and undertaking charge of entire work, place additional labour force, tools, equipment and materials on such parts of the work, as the Owner may decide or engage another Contractor to carry out the balance of work. In such cases, the Owner shall have the right to deduct from the amounts payable to the Contractor the difference in cost of such work and materials with ten percent overhead added to cover all departmental charges. Should the total amount thereof exceed the amount due to the contractor, the Contractor shall pay the difference to the Owner within 15 days of making demand for payment failing which the Contractor shall be liable to pay interest at 24% p.a. on such amounts till the date of payment.

5.g. INSPECTION OF WORKS

5.g.1. The Officer-in-Charge/Site-in-Charge and Officers from Central or State Government will have full power and authority to inspect the works at any time wherever in progress, either on the site or at the Contractor's premises/workshops of any person, firm or corporation where work in connection with the contract may be in hand or where the materials are being or are to be supplied, and the Contractor shall afford or procure for the Officer-in-Charge/Site-in-Charge every facility and assistance to carry out such inspection. The Contractor shall, at all times during the usual working hours and at all other times at which reasonable notice of the intention of the Officer-in-Charge/Site-in-Charge or his representative to visit the works shall have been given to the Contractor, either himself be present to receive orders and instructions, or have a responsible agent, duly accredited in writing, present for the purpose. Orders given to the Contractor's agent shall be considered to have the same force as if they had been given to the Contractor himself. The Contractor shall give not less than seven days’ notice in writing to the Officer-in-Charge/Site-in-Charge before covering up or otherwise placing beyond reach of inspection and measurement any work in order that the same may be inspected and measured. In the event of breach of above, the same shall be uncovered at Contractor's expense for carrying out such measurement and/or inspection.

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5.g.2. No material shall be removed and dispatched by the Contractor from the site without the prior approval in writing of the Officer-in-charge. The contractor is to provide at all times during the progress of the work and the maintenance period proper means of access with ladders, gangways, etc. and the necessary attendance to move and adapt as directed for inspection or measurements of the works by the Officer-in-Charge/Site-in-Charge.

5.h. SAMPLES

5.h.1. The contractor shall furnish to the Officer-in-charge/Site-in-Charge for approval when requested or required adequate samples of all materials and finishes to be used in the work.

5.h.2. Samples shall be furnished by the Contractor sufficiently in advance and before commencement of the work so as the Owner can carry out tests and examinations thereof and approve or reject the samples for use in the works. All material samples furnished and finally used/applied in actual work shall fully be of the same quality of the approved samples.

5.i. TESTS FOR QUALITY OF WORK

5.i.1. All workmanship shall be of the respective kinds described in the contract documents and in accordance with the instructions of the Officer-in-Charge / Site-in- Charge and shall be subjected from time to time to such tests at Contractor's cost as the Officer-in-Charge/Site-in-Charge may direct at the place of manufacture or fabrication or on the site or at all or any such places. The Contractor shall provide assistance, instruments, labour and materials as are normally required for examining, measuring and testing any workmanship as may be selected and required by the Officer-in-Charge/Site-in-Charge.

5.i.2. All the tests that will be necessary in connection with the execution of the work as decided by the Officer-in- charge/Site-in-Charge shall be carried out at the contractors cost and expenses.

5.i.3.If any tests are required to be carried out in connection with the work or materials or workmanship to be supplied by the owner, such tests shall be carried out by the Contractor as per instructions of Officer-in-Charge/Site-in-Charge and expenses for such tests, if any, incurred by the contractor shall be reimbursed by the Owner. The contractor should file his claim with the owner within 15 (fifteen) days of inspection/test and any claim made beyond that period shall lapse and be not payable.

5.j. ALTERATIONS AND ADDITIONS TO SPECIFICATIONS, DESIGNS AND WORKS

5.j.1. The Officer-in-Charge/Site-in-Charge shall have powers to make any alterations, additions and/or substitutions to the schedule of quantities, the original specifications,

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drawings, designs and instructions that may become necessary or advisable or during the progress of the work and the Contractor shall be bound to carry out such altered/extra/new items of work in accordance with instructions which may be given to him in writing signed by the Officer-in-Charge/Site- in-Charge. Such alterations, omissions, additions or substitutions shall not invalidate the contract. The altered, additional or substituted work which the Contractor may be directed to carryon in the manner as part of the work shall be carried out by the Contractor on the same conditions in all respects on which he has agreed to do the work. The time for completion of such altered added and/or substituted work may be extended for that part of the particular job. The rates for such additional altered or substituted work under this Clause shall, be worked out in accordance with the following provisions:

5.j.2. If the rates for the additional, altered or substituted work are specified in the contract for similar class of work, the Contractor is bound to carry out the additional, altered or substituted work at the same rates as are specified in the contract.

5.j.3. If the rates for the additional, altered or substituted work are not specifically provided in the contract for the work, the rates will be derived from the rates for similar class of work as are specified in the contract for the work. In the opinion of the Officer-in- Charge/Site-in-Charge as to whether or not the rates can be reasonably so derived from the items in this contract, will be final and binding on the Contractor.

5.j.4. If the rates for the altered, additional or substituted work cannot be determined in the manner specified above, then the Contractor shall, within seven days of the date of receipt of order to carry out the work, inform the Officer-in-Charge/ Site-in-Charge of the rate at which he intends to charge for such class of work, supported by analysis of the rate or rates claimed and the Officer-In-Charge/ Site-in-Charge shall determine the rates on the basis of the prevailing market rates for both material and labour plus 10% to cover overhead and profit of labour rates and pay the Contractor accordingly. The opinion of the Officer-in- Charge/Site-in-Charge as to current market rates of materials and the quantum of labour involved per unit of measurement will be final and binding on the contractor.

5.j.5. The quantities indicated in the Tender are approximate. The approved schedule of rates of the contract will be applicable for variations of upto +25% of the estimated contract value. No revision of schedule of rates will be permitted for such variations in the contract value, even for variations of individual quantities, addition of new items, alterations, additions/deletions or substitutions of items, as mentioned above. (Already covered under Clause No. 3.6)

5.j.6. In case of any item of work for which there is no specification supplied by the Owner and is mentioned in the tender documents, such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard Specifications do not

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cover the same, the work should be carried out as per standard Engineering Practice subject to the approval of the Officer-in-Charge/ Site-in-Charge.

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5.k. PROVISIONAL ACCEPTANCE

Acceptance of sections of the works for purposes of equipment erection, piping, electrical work and similar usages by the Owner and payment for such work or parts of work shall not constitute a waiver of any portion of this contract and shall not be construed so as to prevent the Officer from requiring replacement of defective work that may become apparent after the said acceptance and also shall not absolve the Contractor of the obligations under this contract. It is made clear that such an acceptance does not indicate or denote or establish to the fact of execution of that work or the Contract until the work is completed in full in accordance with the provisions of this Contract.

5.l. COMPLETION OF WORK AND COMPLETION CERTIFICATE

As soon as the work is completed in all respects, the contractor shall give notice of such completion to the site in charge or the Owner and within thirty days of receipt of such notice the site in charge shall inspect the work and shall furnish the contractor with a certificate of completion indicating:

a) defects, if any, to be rectified by the contractor

b) items, if any, for which payment shall be made in reduced rates

c) the date of completion.

5.m. USE OF MATERIALS AND RETURN OF SURPLUS MATERIALS

5.m.1. Notwithstanding anything contained to the contrary in any or all of the clauses of this contract, where any materials for the execution of the contract are procured with the assistance of Government either by issue from Government stocks or purchase made under orders or permits or licenses issued by Government, the contractor shall use the said materials economically and solely for the purpose of the contract and shall not dispose them of without the permission of the Owner.

5.m.2. All surplus(serviceable) or unserviceable materials that may be left over after the completion of the contract or at its termination for any reason whatsoever, the Contractor shall deliver the said product to the Owner without any demur. The price to be paid to the Contractor, if not already paid either in full or in part, however, shall not exceed the amount mentioned in the Schedule of Rates for such material and in cases where such rates are not so mentioned, shall not exceed the CPWD scheduled rates. In the event of breach of the aforesaid condition the contractor shall become liable for contravention of the terms of the Contract.

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5.m.3. The surplus (serviceable) and unserviceable products shall be determined by joint measurement. In case where joint measurement has failed to take place, the Owner may measure the same and determine the quantity.

5.m.4. It is made clear that the Owner shall not be liable to take stock and keep possession and pay for the surplus and unserviceable stocks and the Owner may direct the Contractor to take back such material brought by the Contractor and becoming surplus and which the Owner may decide to keep and not to pay for the same.

5.n. DEFECT LIABILITY PERIOD

The contractor shall guarantee the work executed for a period of 12 months from the date of completion of the job. Any damage or defect that may arise or lie undiscovered at the time of completion of the job shall be rectified or replaced by the contractor at his own cost. The decision of the Officer In-charge/Site-Incharge/Owner shall be the final in deciding whether the defect has to be rectified or replaced. Equipment or spare parts replaced under warranty/guarantees shall have further warranty for a mutually agreed period from the date of acceptance. The owner shall intimate the defects noticed in writing by a Registered A.D. letter or otherwise and the contractor within 15 days of receipt of the intimation shall start the rectification work and complete within the time specified by the owner failing which the owner will get the defects rectified by themselves or by any other contractor and the expenses incurred in getting the same done shall be paid by the Contractor under the provision of the Contract. Thus, defect liability is applicable only in case of job/works contract (civil, mechanical, electrical, maintenance etc. ) where any damage of defect may arise in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at the time of completion of job. In other words, in case of service contracts (like car hire etc.) where there is no question of damage or defect arising in future, the defect liability clause is not applicable.

5.o. DAMAGE TO PROPERTY

5.o.1. Contractor shall be responsible for making good to the satisfaction of the Owner any loss of and any damage to all structures and properties belonging to the Owner or being executed or procured by the Owner or of other agencies within the premises of the work of the Owner, if such loss or damage is due to fault and/or the negligence or willful acts or omission of the Contractor, his employees, agents, representatives or sub-contractors.

5.o.2. The Contractors shall indemnify and keep the Owner harmless of all claims for damage to Owner's property arising under or by reason of this contract.

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6. DUTIES AND RESPONSIBILITIES OF CONTRACTOR

6.a. EMPLOYMENT LIABILITY TOWARDS WORKERS EMPLOYED BY THE CONTRACTOR

6.a.1 The Contractor shall be solely and exclusively responsible for engaging or employing persons for the execution of work. All persons engaged by the contractor shall be on Contractor's payroll and paid by Contractor. All disputes or differences between the Contractor and his/their employees shall be settled by Contractor.

6.a.2. Owner has absolutely no liability whatsoever concerning the employees of the Contractor. The Contractor shall indemnify Owner against any loss or damage or liability arising out of or in the course of his/their employing persons or relation with his/their employees. The Contractor shall make regular and full payment of wages and on any complaint by any employee of the Contractor or his sub-contractor regarding non-payment of wages, salaries or other dues, Owner reserves the right to make payments directly to such employees or sub- contractor of the Contractor and recover the amount in full from the bills of the Contractor and the contractor shall not claim any compensation or reimbursement thereof. The Contractor shall comply with the Minimum Wages Act applicable to the area of work site with regard to payment of wages to his employees and also to employees of his sub-contractor.

6.a.3. The Contractor shall advise in writing or in such appropriate way to all of his employees and employees of sub-contractors and any other person engaged by him that their appointment/employment is not by the Owner but by the Contractor and that their present appointment is only in connection with the construction contract with Owner and that therefore, such an employment/appointment would not enable or make them eligible for any employment/appointment with the Owner either temporarily or/and permanent basis.

6.b. NOTICE TO LOCAL BODIES

The contractor shall comply with and give all notices required under any Government authority, instruction, rule or order made under any act of parliament, state laws or any regulations or by-laws of any local authority relating to the works.

6.c. FIRST AID AND INDUSTRIAL INJURIES

6.c.1 Contractor shall maintain first aid facility for his employees and those of his sub-contractors.

6.c.2. Contractor shall make arrangements for ambulance service and for the treatment of all types of injuries. Names and telephone numbers of those providing such services shall be furnished to Owner prior to start of construction and their name board shall be prominently displayed in Contractor's field office.

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6.c.3. All industrial injuries shall be reported promptly to owner and a copy of contractor's report covering each personal injury requiring the attention of a physician shall be furnished to the Owner.

6.d. SAFETY CODE

6.d.1. The Contractor shall at his own expenses arrange for the Safety provisions as may be necessary for the execution of the work or as required by the Officer-in-Charge in respect of all labours directly or indirectly employed for performance of the works and shall provide all facilities in connections therewith. In case the contractor fails to make arrangements and provide necessary facilities as aforesaid, the Owner shall be entitled to do so and recover the cost thereof from the Contractor.

6.d.2. From the commencement to the completion of the works, the contractor shall take full responsibility for the care thereof and of all the temporary works (defined as meaning all temporary works of every kind required in or for the execution, completion or maintenance of the works). In case damage, loss or injury shall happen to the works or to any part thereof or to temporary works or to any cause whatsoever repair at his (Contractor's) own cost and make good the same so that at the time of completion, the works shall be in good order and condition and in conformity in every respect with the requirement of the contract and Officer-in-Charge's instructions.

6.d.3. In respect of all labour, directly or indirectly employed in the work for the performance of the Contractor's part of this agreement, the contractor shall at his own expense arrange for all the safety provisions as per relevant Safety Codes of C.P.W.D Bureau of Indian Standards, the Electricity Act/I.E. Rules. The Mines Act and such other Acts as applicable.

6.d.4. The Contractor shall observe and abide by all fire and safety regulations of the Owner. Before starting construction work, the Contractor shall consult with Owner's Safety Officer or Officer-in-Charge/Site-in-Charge and must make good to the satisfaction of the Owner any loss or damage due to fire to any portion of the work done or to be done under this agreement or to any of the Owner's existing property.

6.d.5. The Contractor will be fully responsible for complying with all relevant provisions of the Contract Labour Act and shall pay rates of Wages and observe hours of work/conditions of employment according to the rules in force from time to time.

6.d.6. The Contractor will be fully responsible for complying with the provision including documentation and submission of reports on the above to the concerned authorities and shall indemnify the Corporation from any such lapse for which the Government will be taking action against them.

6.d.7. Owner shall on a report having been made by an inspecting Office as defined in the Contract Labour Regulations have the power to deduct from the money due to the

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Contractor any sum required or estimated to be required for making good the loss suffered by a worker(s) by reasons of non-fulfilment of conditions of contract for the benefit of workers no-payment of wages or of deductions made from his or their wages which are not justified by the terms of contract or non-observance of the said contractor's labour Regulation.

6.e. INSURANCE AND LABOUR

Contractor shall at his own expense obtain and maintain an insurance policy with a Nationalised Insurance Company to the satisfaction of the Owner as provided hereunder.

6.e.1. EMPLOYEES STATE INSURANCE ACT

i. The Contractor agrees to and does hereby accept full and exclusive liability for the compliance with all obligations imposed by Employees State Insurance Act, 1948, and the Contractor further agrees to defend indemnify and hold Owner harmless from any liability or penalty which may be imposed by the Central, State or local authority by reason of any asserted violation by Contractor, or sub-contractor of the Employees' State Insurance Act, 1948 and also from all claims, suits or proceedings that may be brought against the Owner arising under, growing out of or by reason of the work provided for by this contract whether brought by employees of the Contractor, by third parties or by Central or State Government authority or any political sub-division thereof.

ii. The Contractor agrees to file with the Employees State Insurance Corporation, the Declaration forms and all forms which may be required in respect of the Contractor's or sub-contractor's employee whose aggregate remuneration is within the specified limit and who are employed in the work provided or those covered by ESI Act under any amendment to the Act from time to time. The Contractor shall deduct and secure the agreement of the sub-contractor to deduct the employee's contribution as per the first schedule of the Employee's State Insurance Act from wages and affix the employee's contribution cards at wages payment intervals. The Contractor shall remit and secure the agreement of the sub-contractor to remit to the State Bank of India, Employee's State Insurance Corporation Account, the Employee's contribution as required by the Act.

iii. The Contractor agrees to maintain all records as required under the Act in respect of employees and payments and the Contractor shall secure the agreement of the sub-contractor to maintain such records. Any expenses incurred for the contributions, making contribution or maintaining records shall be to the Contractor's or sub-contractor's account.

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iv. The Owner shall retain such sum as may be necessary from the total contract value until the Contractor shall furnish satisfactory proof that all contributions as required by the Employees State Insurance Act, 1948, have been paid.

v. WORKMAN'S COMPENSATION AND EMPLOYEE'S LIABILITY INSURANCE: Provide Insurance for all the Contractor's employees engaged in the performance of this contract. If any of the work is sublet, the Contractor shall ensure that the sub-contractor provides workmen's compensation and Employer's Liability Insurance for the latter's employees who are not covered under the Contractor's insurance.

vi. AUTOMOBILE LIABILITY INSURANCE : Contractor shall take out Insurance to cover all risks to Owner for each of his vehicles plying on works of this contract and these insurances shall be valid for the total contract period. No extra payment will be made for this insurance. Owner shall not be liable for any damage or loss not made good by the Insurance Company, should such damage or loss result from unauthorised use of the vehicle. The provisions of the Motor Vehicle Act would apply.

vii. FIRE INSURANCE: Contractor shall within two weeks after award of contract insure the Works, Plant and Equipment and keep them insured until the final completion of the Contract against loss or damage by accident, fire or any other cause with an insurance company to be approved by the Employer/Consultant in the joint names of the Employer and the Contractor (name of the former being placed first in the Policy). Such Policy shall cover the property of the Employer only.

6.e.2. ANY OTHER INSURANCE REQUIRED UNDER LAW OR REGULATION OR BY OWNER

i. Contractor shall also provide and maintain any and all other insurance which may be required under any law or regulations from time to time. He shall also carry and maintain any other insurance which may be required by the Owner.

ii. The aforesaid insurance policy/policies shall provide that they shall not be cancelled till the Officer-in-Charge has agreed to their cancellation.

iii. The Contractor shall satisfy to the Officer-in-Charge/Site-in-Charge from time to time that he has taken out all insurance policies referred to above and has paid the necessary premium for keeping the policies alive till the expiry of the defects liability period.

iv. The contractor shall ensure that similar insurance policies are taken out by his sub-contractor (if any) and shall be responsible for any claims or losses to the Owner resulting from their failure to obtain adequate insurance protections in connection thereof. The contractor shall produce or cause to be proceed by his sub-contractor (if any) as the case may be, the relevant policy or policies and premium receipts as and when required by the Officer-in-Charge/Site-in-Charge.

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6.e.3. LABOUR AND LABOUR LAWS

i. The contractor shall at his own cost employ persons during the period of contract and the persons so appointed shall not be construed under any circumstances to be in the employment of the Owner.

ii. All payments shall be made by the contractor to the labour employed by him in accordance with the various rules and regulations stated above. The contractor shall keep the Owner indemnified from any claims whatsoever inclusive of damages/costs or otherwise arising from injuries or alleged injuries to or death of a person employed by the contractor or damages or alleged damages to the property.

iii. No labour below the age of eighteen years shall be employed on the work. The Contractor shall not pay less than what is provided under the provisions of the contract labour (Regulations and Abolition) Act, 1970 and the rules made thereunder and as may be amended from time to time. He shall pay the required deposit under the Act appropriate to the number of workman to be employed by him or through sub-contractor and get himself registered under the Act. He shall produce the required Certificates to the Owner before commencement of the work. The Owner recognises only the Contractor and not his sub-contractor under the provisions of the Act. The Contractor will have to submit daily a list of his workforce. He will also keep the wage register at the work site or/and produce the same to the Owner, whenever desired. A deposit may be taken by the Owner from the Contractor to be refunded only after the Owner is satisfied that all workmen employed by the Contractor have been fully paid for the period of work in Owner's premises at rates equal to or better than wages provided for under the Minimum Wages Act. The contractor shall be responsible and liable for any complaints that may arise in this regard and the consequences thereto.

iv. The Contractor will comply with the provisions of the Employee's Provident Fund Act and the Family Pension Act as may be applicable and as amended from time to time.

v. The Contractor will comply with the provisions of the payment of Gratuity Act, 1972, as may be applicable and as amended from time to time.

vi. IMPLEMENTATION OF APPRENTICES ACT, 1961 : The Contractor shall comply with the provisions of the Apprentices Act, 1961 and the Rules and Orders issued thereunder from time to time. If he fails to do so, his failure will be a breach of the contract and the Officer-in-Charge may, at his discretion, cancel the contract. The Contractor shall also be liable for any pecuniary liability arising on account of any violation by him of the provision of the Act.

vii. MODEL RULES FOR LABOUR WELFARE :The Contractor shall at his own expenses comply with or cause be complied with Model rules for Labour Welfare as appended to those conditions or rules framed by the Government from time to time for

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the protection of health and for making sanitary arrangements for worker employed directly or indirectly on the works. In case the contractor fails to make arrangements as aforesaid the Officer-in-Charge/Site-in-Charge shall be entitled to do so and recover the cost thereof from the contractor.

6.f. DOCUMENTS CONCERNING WORKS

6.f.1. All documents including drawings, blue prints, tracings, reproducible models, plans, specifications and copies, thereof furnished by the Owner as well as all drawings, tracings, reproducible, plans, specifications design calculations etc. prepared by the contractor for the purpose of execution of works covered in or connected with this contract shall be the property of the Owner and shall not be used by the contractor for any other work but are to be delivered to the Owner at the completion or otherwise of the contract.

6.f.2. The Contractor shall keep and maintain secrecy of the documents, drawings etc. issued to him for the execution of this contract and restrict access to such documents, drawings etc. and further the Contractor shall execute a SECRECY agreement from each or any person employed by the Contractor having access to such documents, drawings etc. The Contractor shall not issue drawings and documents to any other agency or individual without the written approval by the Officer-in-Charge/Site-in- Charge.

6.f.3. Contractor will not give any information or document etc. concerning details of the work to the press or a news disseminating agency without prior written approval from Officer-in-charge/Site-in-Charge. Contractor shall not take any pictures on site without written approval of Officer-in-Charge/Site-in-Charge.

7. PAYMENT OF CONTRACTOR'S BILLS

7.1. Payments will be made against Running Accounts bills certified by the Owner's Officer-in-Charge/Site-in-Charge within 15 days from the date of receipt of the bill. .

7.2. Running Account Bills and the final bill shall be submitted by the Contractor together with the duly signed measurements sheet(s) to the Officer-in-Charge/ Site-in-Charge of the Owner in quadruplicate for certification. The Bills shall also be accompanied by quantity calculations in support of the quantities contained in the bill along with cement consumption statement, actual/theoretical, wherever applicable duly certified by the Officer-in-Charge/Site-in-Charge of the Owner.

7.3. All running account payments shall be regarded as on account payment(s) to be finally adjusted against the final bill payment. Payment of Running Account Bill(s) shall not determine or affect in any way the rights of the Owner under this Contract to make the final adjustments of the quantities of material, measurements of work and adjustments of amounts etc. in the final bill.

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7.4. The final bill shall be submitted by the Contractor within one month of the date of completion of the work fully and completely in all respects. If the Contractor fails to submit the final bill accordingly Officer-in-Charge/Site-in-Charge may make the measurement and determine the total amount payable for the work carried out by the Contractor and such a certification shall be final and binding on the Contractor. The Owner/Officer- in-Charge/Site-in-Charge may take the assistance of an outside party for taking the measurement, the expenses of which shall be payable by the Contractor.

7.5. Payment of final bill shall be made within 30 days from the date of receipt of the certified bill by the Disbursement Section of the owner.

7.6 Wherever possible, payment shall be tendered to the contractor in electronic mode (e-payment) through any of the designated banks. The contractor will comply by furnishing full particulars of Bank acount (mandate) to which the payments will be routed. Owner reserves the right to make payment in any alternate mode also.

7.a. MEASUREMENT OF WORKS

7.a.1. All measurements shall be in metric system. All the works will be jointly measured by the representative of the Officer-in-Charge/Site-in-Charge and the Contractor or their authorised agent progressively. Such measurement will be recorded in the Measurement Book/Measurement Sheet by the Contractor or his authorized representative and signed in token of acceptance by the Owner or their authorised representative.

7.a.2. For the purpose of taking joint measurement, the Contractor/representative shall be bound to be present whenever required by the Officer-in-Charge/Site-in-Charge.

If, however, they are absent for any reasons whatsoever, the measurement will be taken by the Officer-in-Charge/Site-in-Charge or his representative and the same would be deemed to be correct and binding on the Contractor.

7.a.3. In case of any dispute as to the mode of measurement for any item of work, the latest Indian Standard Specifications shall be followed. In case of any further dispute on the same the same shall be as per the certification of an outside qualified Officer/ Consultant. Such a measurement shall be final and binding on the Owner and the Contractor.

7.b. BILLING OF WORKS EXECUTED

The Contractor will submit a bill in approved proforma in quadruplicate to the Officer-in-Charge/Site-in-Charge of the work giving abstract and detailed measurement for the various items executed during a month, before the expiry of the first week of the succeeding month. The Officer-in-Charge/Site-in-Charge shall take or cause to be taken the requisite measurements for the purpose of having the bill verified and/or checked before forwarding the same to the disbursement office of the Owner for further action in

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terms of the Contract and payment thereafter. The Officer-in-Charge/Site-in-Charge shall verify the bills within 7 days of submission of the Bill by the Contractor.

7.c. RETENTION MONEY

10% of the total value of the Running Account and Final Bill will be deducted and retained by the Owner as retention money on account of any damage/defect liability that may arise for the period covered under the defect liability period clause of the Contract free of interest. Any damage or defect that may arise or lie undiscovered at the time of issue of completion certificate connected in any way with the equipment or materials supplied by contractor or in workmanship shall be rectified or replaced by the contractor at his own expense failing which the Owner shall be entitled to rectify the said damage/defect from the retention money. Any excess of expenditure incurred by the Owner on account of damage or defect shall be payable by the Contractor. The decision of the Owner in this behalf shall not be liable to be questioned but shall be final and binding on the Contractor. Thus, deduction towards retention money is applicable only in case of job/works contracts (civil, mechanical, electrical, maintenance etc.) where any damage or defect may arise in future (i.e. within 12 months from the date of completion of job) or lie undiscovered at the time of issue of completion certificate.

7.d. STATUTORY LEVIES

7.d.1 The Contractor accepts full and exclusive liability for the payment of any and all taxes, duties, octroi, rates, cess, levies and statutory payments payable under all or any of the statutes etc. Variations of taxes and duties arising out of the amendments to the Central / State enactments, in respect of sale of goods / services covered under this bid shall be to CHBL’s account, so long as :

They relate to the period after the opening of the price bid, but before the contracted completion period ( excluding permitted extensions due to delay on account of the contractors, if any) or the actual completion period, whichever is earlier; and • The vendor furnishes documentary evidence of incurrence of such variations, in addition to the invoices/documents for claiming Cenvat /Input Tax credit, wherever applicable. All contributions and taxes for unemployment compensation, insurance and old age pensions or annuities now or hereafter imposed by Central or State Governmental authorities which are imposed with respect to or covered by the wages, salaries or other compensations paid to the persons employed by the Contractor and the Contractor shall be responsible for the compliance with all obligations and restrictions imposed by the Labour Law or any other law affecting employer-employee relationship and the Contractor further agrees to comply and to secure the compliance of all sub-contractors with all applicable Central, State, Municipal and local laws, and regulations and requirements of any Central, State or Local Government agency or authority.

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Contractor further agrees to defend, indemnify and hold harmless from any liability or penalty which may be imposed by the Central, State or Local authorities by reason of any violation by Contractor or sub-contractor of such laws, regulations or requirements and also from all claims, suits or proceedings that may be brought against the Owner arising under, growing out of, or by reasons of the work provided for by this contract by third parties, or by Central or State Government authority or any administrative sub-division thereof. The Contractor further agrees that in case any such demand is raised against the Owner, and Owner has no way but to pay and pays/makes payment of the same, the Owner shall have the right to deduct the same from the amounts due and payable to the Contractor. The Contractor shall not raise any demand or dispute in respect of the same but may have recourse to recover/receive from the concerned authorities on the basis of the Certificate of the Owner issued in that behalf.

7.d.2. The rates quoted should be inclusive of all rates, cess, taxes and sales tax on works contracts wherever applicable. However, wherever the sales tax on works contract is applicable and is to be deducted at source, the same will be deducted from the bills of the Contractor and paid to the concerned authorities. The proof of such payments of sales tax on works contract will be furnished to the contractor.

7.d.3. Income tax will be deducted at source as per rules at prevailing rates, unless certificate, if any, for deduction at lesser rate or nil deduction is submitted by the Contractor from appropriate authority.

7.d.4 The contractor shall provide accurate particulars of PAN number as required, to enable issuance of TDS (Tax Deduction at Source) certificate.

7.e. MATERIALS TO BE SUPPLIED BY CONTRACTOR

7.e.1. The Contractor shall procure and provide the whole of the materials required for construction including tools, tackles, construction plant and equipment for the completion and maintenance of the works except the materials viz. steel and cement which may be agreed to be supplied as provided elsewhere in the contract. The contractor shall make arrangement for procuring such materials and for the transport thereof at their own cost and expenses.

7.e.2. The Owner may give necessary recommendation to the respective authority if so desired by the Contractor but assumes no responsibility of any nature. The Contractor shall procure materials of ISI stamp/certification and supplied by reputed suppliers borne on DGS&D list.

7.e.3. All materials procured should meet the specifications given in the tender document. The Officer-in-charge may, at his discretion, ask for samples and test certificates for any batch of any materials procured. Before procuring, the Contractor should get the

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approval of Officer-in-Charge/Site-in-Charge for any materials to be used for the works.

7.e.4. Manufacturer's certificate shall be submitted for all materials supplied by the Contractor. If, however, in the opinion of the Officer-in-Charge/Site-in-Charge any tests are required to be conducted on the material supplied by the Contractor, these will be arranged by the Contractor promptly at his own cost.

7.f. MATERIALS TO BE SUPPLIED BY THE OWNER

7.f.1. Steel and Cement maybe supplied by the Owner to the contractor against payment by Contractor from either godown or from the site or within work premises itself and the contractor shall arrange for all transport to actual work site at no extra cost.

7.f.2. The contractor shall bear all the costs including loading and unloading, carting from issue points to work spot storage, unloading, custody and handling and stacking the same and return the surplus steel and cement to the Owner's storage point after completion of job.

7.f.3. The contractor will be fully accountable for the steel and cement received from the Owner and contractor will give acknowledgement/receipt for quantity of steel and cement received by him each time he uplifts cement from Owner's custody.

7.f.4. For all computation purposes, the theoretical cement consumption shall be considered as per CPWD standards.

7.f.5. Steel and Cement as received from the manufacturer/stockists will be issued to the contractor. Theoretical weight of cement in a bag will be considered as 50 Kg. Bags weighing upto 4% less shall be accepted by the contractor and considered as 50 Kg. per bag. Any shortage in the weight of any cement bag by more than 4% will be to the Owner's account only when pointed out by the Contractor and verified by Officer-in-Charge/Site in Charge at the time of Contract or taking delivery.

7.f.6. The contractor will be required to maintain a stock register for receipt, issuance and consumption of steel and cement at site. Cement will be stored in a warehouse at site. Requirement of cement on any day will be taken out of the warehouse. Cement issued shall be regulated on the basis of FIRST RECEIPT to go as FIRST ISSUE.

7.f.7. Empty cement bag shall be the property of the Contractor. Contractor shall be penalised for any excess/under consumption of cement. The penal rate will be twice the rate of issue of cement for this work.

7.f.8. All the running bills as well as the final bills will be accompanied by cement consumption statements giving the detailed working of the cement used, cement received and stock-on-hand.

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7.f.9. The Contractor will be fully responsible for safe custody of cement once it is received by him and during transport. Owner will not entertain any claims of the contractor for theft, loss or damage to cement while in their custody.

7.f.10. The contractor shall not remove from the site any cement bags at any time.

7.f.11. The Contractor shall advise Officer-in-charge/Site-in-charge in writing atleast 21 days before exhausting the Cement stocks already held by Contractor to ensure that such delays do not lead to interruptions in the progress of work.

7.f.12. Cement shall not be supplied by the Owner for manufacturing of mosaic tiles, precast cement jali and any other bought out items which consume cement and for temporary works.

7.f.13. Cement in bags and in good usable condition left over after the completion of work shall be returned by the contractor to the Owner. The Owner shall make payment to the Contractor at the supply rate for such stocks of cement they accept and receive. Any refused stock of cement shall be removed by the Contractor from the site at his cost and expenses within 15 days of completion of the work.

8. PAYMENT OF CLAIMS AND DAMAGES

8.1. Should the Owner have to pay money in respect of claims or demands as aforesaid the amount so paid and the costs incurred by the Owner shall be charged to and paid by the Contractor and the Contractor shall not be entitled to dispute or question the right of the Owner to make such payments notwithstanding the same may have been without his consent or authority or in law or otherwise to the contrary.

8.2. In every case in which by virtue of the provisions of Workmen's Compensation Act, 1923, or other Acts, the Owner is obliged to pay Compensation to a Workman employed by the Contractor in execution of the works, the Owner will recover from the Contractor the amount of compensation so paid and without prejudice to the rights of Owner under the said Act. Owner shall be at liberty to recover such amount or any part thereof by deducting it from the security deposit or from any sum due to the Contractor whether under this contract or otherwise. The Owner shall not be bound to contest any claim made under Section 12 sub section (1)of the said Act, except on the written request of the Contractor and upon his giving to the Owner full security for all costs for which the owner might become liable in consequence of contesting such claim.

8.3 ACTION AND COMPENSATION IN CASE OF BAD WORK

If it shall appear to the Officer-in-Charge/Site-in-Charge that any work has been executed with bad, imperfect or unskilled workmanship, or with materials, or that any materials or articles provided by the Contractor for execution of the work are not of standards specified/inferior quality to that contracted for, or otherwise not in accordance

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with the contract, the CONTRACTOR shall on demand in writing from the Officer-in-Charge/Site-in-Charge or his authorised representative specifying the work, materials or articles complained of, notwithstanding that the same may have been inadvertently passed, certified and paid for, forthwith rectify or remove and reconstruct the work so specified and at his own charge and cost and expenses and in the event of failure to do so within a period of 15 days of such intimation/ information/knowledge, the Contractor shall be liable to pay compensation equivalent to the cost of reconstruction by the Owner. On expiry of 15 days period mentioned above, the Owner may by themselves or otherwise rectify or remove and re-execute the work or remove and replace with others, the materials or articles complained of as the case may be at the risk and expenses in all respects of the Contractor. The decision of the Officer-in- Charge/ Site-in-Charge as to any question arising under this clause shall be final and conclusive and shall not be raised as a dispute or shall be arbitrable.

8.4. INSPECTION AND AUDIT OF CONTRACT AND WORKS

This project is subject to inspection by various Government agencies of Government of India. The contractor shall extend full cooperation to all the Government and other agencies in the inspection of the works, audit of the Contract and the documents of Contract Bills, measurements sheets etc. etc. and examination of the records of works and make enquiries interrogation as they may deem fit, proper and necessary. Upon inspection etc. by such agencies if it is pointed out that the contract work has not been carried out according to the prescribed terms and conditions as laid down in the tender documents and if any recoveries are recommended, the same shall be recovered from the contractors running bills/final bill/from ordered/suggested Security Deposit/retention money. The Contractor shall not rise any dispute on any such account and the same shall not be arbitrable.

9. CONTRACTOR TO INDEMNIFY THE OWNER

The Contractor shall indemnify the Owner and every member, officer and employee of the Owner, also the Officer-in-Charge/Site-in-Charge and his staff against all the actions, proceedings, claims, demands, costs, expenses, whatsoever arising out of or in connection with the works and all actions, proceedings, claims, demands, costs, expenses which may be made against the Owner for or in respect of or arising out of any failure by the Contractor in the performance of his obligations under the contract. The Contractor shall be liable for or in respect of or in consequence of any accident or injury to any workmen or other person in the employment of the Contractor or his sub-contractor and Contractor shall indemnify and keep indemnified the Owner against all such damages, proceedings, costs, charges and expenses whatsoever in respect thereof or in relation thereto.

10. LIQUIDATED DAMAGES

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i) In case of any delay in completion of the work beyond the CDD, the Owner shall be entitled to be paid Liquidated Damages by the Contractor. The liquidated damages shall be initially at the rate of 0.5% (half percent) of the total contract value for every week of the delay subject to a maximum of 5% of the total contract value. The liquidated damages shall be recovered by the Owner out of the amounts payable to the Contractor or from any Bank Guarantees or Deposits furnished by the Contractor or the Retention Money retained from the Bills of the Contractor, either under this contract or any other contract.

ii) The Contractor shall be entitled to give an acceptable unconditional Bank Guarantee in lieu of such a deduction if Contractor desires any decision on a request for time extension.

iii) Once a final decision is taken on the request of the Contractor or otherwise, the LD shall be applicable only on the basic cost of the contract and on each full completed week(s) of delay (and for part of the week, a pro-rata LD amount shall be applicable).

iv) This final calculation of LD shall be only on the value of the unexecuted portion/quantity of work as on the CDD.

v) Contractor agrees with the Owner, that the above represents a genuine pre-estimate of the damages which the Owner will suffer on account of delay in the performance of the work by Contractor. The Contractor further agrees that the LD amount is over and above any right which owner has to risk purchase under Clause 12.4 and any right to get the defects in the work rectified at the cost of the contractor.

11. DEFECTS AFTER TAKING OVER OR TERMINATION OF WORK CONTRACT BY OWNER

The Contractor shall remain responsible and liable to make good all losses or damages that may occur/appear to the work carried out under this Contract within a period of 12 months from date of issue of the Completion Certificate and/or the date of Owner taking over the work, whichever is earlier. The Contractor shall issue a Bank Guarantee to the Owner in the sum of 10% of the work entrusted in the Contract, from any Scheduled Bank (other than a Co-Operative Bank)acceptable to the Owner and if however, the Contractor fails to furnish such a Bank Guarantee the Owner shall have right to retain the Security Deposit and Retention Money to cover the 10% of the Guarantee amount under this clause and to return/refund the same after the expiry of the period of 12 months without any interest thereon.

12. TERMINATION OF CONTRACT

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12.1 The owner may terminate the contract at any stage of the construction for reasons to be recorded in the letter of termination.

12.2 The Owner inter alia may terminate the Contract for any or all of the following reasons that the contractor

a) has abandoned the work/Contract.

b) has failed to commence the works, or has without any lawful excuse under these conditions suspended the work for 15 consecutive days.

c) has failed to remove materials from the site or to pull down and replace the work within 15 days after receiving from the Officer written notice that the said materials or work were condemned and/or rejected by the Officer under specified conditions.

d) has neglected or failed to observe and perform all or any of the terms acts, matters or things under this Contract to be observed and performed by the Contractor.

e) has to the detriment of good workmanship or in defiance of the Officer's instructions to the contrary sub-let any part of the Contract.

f) has acted in any manner to the detrimental interest, reputation, dignity, name or prestige of the Owner.

g) has stopped attending to work without any prior notice and prior permission for a period of 15 days.

h) has become untraceable.

i) has without authority acted in violation of the terms and conditions of this contract and has committed breach of terms of the contract in best judgment of the owner.

j) has been declared insolvent/bankrupt.

k) in the event of sudden death of the Contractor.

12.3 The owner on termination of such contract shall have the right to appropriate the Security Deposit, Retention Money and invoke the Bank Guarantee furnished by the contractor and to appropriate the same towards the amounts due and payable by the contractor as per the conditions of Contract and return to the contractor excess money, if any, left over.

12.4 In case of Termination of the contract, Owner shall have the right to carry out the unexecuted portion of the work either by themselves or through any other contractor(s) at the risk and cost of the Contractor. In view of paucity of time,

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Owner shall have the right to place such unexecuted portion of the work on any nominated contractor(s). However, the overall liability of the Contractor shall be restricted to 100 % of the total contract value.

12.5 The contractor within or at the time fixed by the Owner shall depute his authorized representative for taking joint final measurements of the works executed thus far and submit the final bill for the work as per joint final measurement within 15 days of the date of joint final measurement. If the contractor fails to depute their representative for joint measurement, the owner shall take the measurement with their Officer-in-Charge/Site-in-Charge or any other outside representatives. Such a measurement shall not be questioned by the Contractor and no dispute can be raised by the Contractor for purpose of Arbitration.

12.6 The Owner may enter upon and take possession of the works and all plant, tools, scaffoldings, sheds, machinery, power operated tools and steel, cement and other materials of the Contract at the site or around the site and use or employ the same for completion of the work or employ any other contractor or other person or persons to complete the works. The Contractor shall not in any way object or interrupt or do any act, matter or thing to prevent or hinder such actions, other Contractor or other persons employed for completing and finishing or using the materials and plant for the works. When the works shall be completed or as soon thereafter the Officer shall give a notice in writing to the Contractor to remove surplus materials and plant, if any, and belonging to the Contractor except as provided elsewhere in the Contract and should the Contractor fail to do so within a period of 15 days after receipt thereof the Owner may sell the same by public auction and shall give credit to the contractor for the amount realised. The Owner shall thereafter ascertain and certify in writing under his hand what (if anything) shall be due or payable to or by the Owner for the value of the plant and materials so taken possession and the expense or loss which the Owner shall have been put to in procuring the works, to be so completed, and the amount if any, owing to the Contractor and the amount which shall be so certified shall thereupon be paid by the Owner to the Contractor or by the Contractor to the Owner, as the case may, and the Certificate of the Owner shall be final and conclusive between the parties.

12.7 When the contract is terminated by the Owner for all or any of the reasons mentioned above the Contractor shall not have any right to claim compensation on account of such termination.

13. FORCE MAJEURE

13.1 Any delay in or failure of the performance of either part hereto shall not constitute default hereunder or give rise to any claims for damage, if any, to the extent such delays or failure of performance is caused by occurrences such as Acts of God or an enemy, expropriation or confiscation of facilities by Government authorities, acts of war, rebellion, sabotage or fires, floods, explosions, riots, or strikes. The Contractor shall

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keep records of the circumstances referred to above and bring these to the notice of the Officer-in-Charge/Site-in-Charge in writing immediately on such occurrences. The amount of time, if any, lost on any of these counts shall not be counted for the Contract period. Once decision of the Owner arrived at after consultation with the Contractor, shall be final and binding. Such a determined period of time be extended by the Owner to enable the Contractor to complete the job within such extended period of time.

13.2 If Contractor is prevented or delayed from the performing any of its obligations under this Agreement by Force Majeure, then Contractor shall notify Owner the circumstances constituting the Force Majeure and the obligations performance of which is thereby delayed or prevented, within seven days of the occurrence of the events.

14. ARBITRATION

14.1 All disputes and differences of whatsoever nature, whether existing or which shall at any time arise between the parties hereto touching or concerning the agreement, meaning, operation or effect thereof or to the rights and liabilities of the parties or arising out of or in relation thereto whether during or after completion of the contract or whether before after determination, foreclosure, termination or breach of the agreement (other than those in respect of which the decision of any person is, by the contract, expressed to be final and binding) shall, after written notice by either party to the agreement to the other of them and to the Appointing Authority hereinafter mentioned, be referred for adjudication to the Sole Arbitrator to be appointed as hereinafter provided.

14.2 The Chairman of CREDA-HPCL Biofuel Ltd. shall appoint a person whom he deems fit to act as the Sole Arbitrator to adjudicate the disputes and differences between the parties. The contractor/vendor shall not be entitled to raise any objection to the appointment of such person as the Sole Arbitrator on the ground that the said person is/was an officer and/or shareholder of the owner, another Govt. Company or the Central Government or that he/she has to deal or had dealt with the matter to which the contract relates or that in the course of his/her duties, he/she has/had expressed views on all or any of the matters in dispute or difference.

14.3 In the event of the Arbitrator to whom the matter is referred to, does not accept the appointment, or is unable or unwilling to act or resigns or vacates his office for any reasons whatsoever, the Appointing Authority aforesaid, shall nominate another person as aforesaid, to act as the Sole Arbitrator.

14.4 Such another person nominated as the Sole Arbitrator shall be entitled to proceed with the arbitration from the stage at which it was left by his predecessor. It is expressly agreed between the parties that no person other than the Appointing Authority or a person nominated by the Appointing Authority as aforesaid, shall

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act as an Arbitrator. The failure on the part of the Appointing Authority to make an appointment on time shall only give rise to a right to a Contractor to get such an appointment made and not to have any other person appointed as the Sole Arbitrator.

14.5 The Award of the Sole Arbitrator shall be final and binding on the parties to the Agreement.

14.6 The work under the Contract shall, however, continue during the Arbitration proceedings and no payment due or payable to the concerned party shall be withheld (except to the extent disputed) on account of initiation, commencement or pendency of such proceedings.

14. The Arbitrator may give a composite or separate Award(s) in respect of each dispute or difference referred to him and may also make interim award(s) if necessary.

14.8 The fees of the Arbitrator and expenses of arbitration, if any, shall be borne equally by the parties unless the Sole Arbitrator otherwise directs in his award with reasons.

14.9 Subject to the aforesaid, the provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof and the rules made thereunder, shall apply to the Arbitration proceedings under this Clause.

14. The Contract shall be governed by and constructed according to the laws in force in India. The parties hereby submit to the jurisdiction of the High Court situated at Bilaspur in the state of Chattisgarh for all purposes. The Arbitration shall be held at say Raipur and conducted in English language.

14.11 The Appointing Authority is the Chairman of CREDA-HPCL Biofuel Limited.

15. GENERAL

15.1 Materials required for the works whether brought by the or supplied by the Owner shall be stored by the contractor only at places approved by Officer-in-Charge/Site-in-Charge. Storage and safe custody of the material shall be the responsibility of the Contractor.

15.2. Owner and/or Officer-in-Charge/Site-in-Charge connected with the contract, shall be entitled at any time to inspect and examine any materials intended to be used in or on the works, either on the site or at factory or workshop or at other place(s) manufactured or at any places where these are laying or from which these are being obtained and the contractor shall give facilities as may be required for such inspection and examination.

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15.3. In case of any class of work for which there is no such specification supplied by the owner as is mentioned in the tender documents, such work shall be carried out in accordance with Indian Standard Specifications and if the Indian Standard Specifications do not cover the same the work should be carried out as per standard engineering practice subject to the approval of the Officer-in-Charge/Site-in-Charge.

15.4. Should the work be suspended by reason of rain, strike, lockouts or other cause the contractor shall take all precautions necessary for the protection of the work and at his own expense shall make good any damages arising from any of these clauses.

15.5 The contractor shall cover up and protect from injury from any cause all new work also for supplying all temporary doors, protection to windows and any other requisite protection for the whole of the works executed whether by himself or special tradesmen or sub- contractors and any damage caused must be made good by the contractors at his own expense.

15.6 If the contractor has quoted the items under the deemed exports, then it will be the responsibility of the contractor to get all the benefits under deemed exports from the Government. The Owner’s responsibility shall only be limited to the issuance of required certificates. The quotation will be unconditional and phrases like “subject to availability of deemed exports benefit” etc. will not find place in it.

CREDA – HPCL Biofuel Limited - CHBL – HPCL Biofuel Limited TENDER DOCUMENT FOR PLANTATION AND...

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Transcript of CREDA – HPCL Biofuel Limited - CHBL – HPCL Biofuel Limited TENDER DOCUMENT FOR PLANTATION AND...