GOVERNMENT OF ORISSA -...

CONTRACTOR EXECUTIVE ENGINEER 0

GOVERNMENT OF ORISSA

DEPARTMENT OF WATER RESOURCES

OFFICE OF THE EXECUTIVE ENGINEER CHIKITI IRRIGATION DIVISION, BERHAMPUR.

DETAILED TENDER CALL NOTICEDETAILED TENDER CALL NOTICEDETAILED TENDER CALL NOTICEDETAILED TENDER CALL NOTICE

Name of the Work : - Protection to Ghodahada left near village Lunilathi.

Name of the Contractor ______________________________________________ __________________________Class

Receipt No.__________________________Date__________________


GOVERNMENT OF ORISSA

DEPARTMENT OF WATER RESOURCES

OFFICE OF THE EXECUTIVE ENGINEER, CHIKITI IRRIGATION DIVISION, BERHAMPUR – 760004

DETAILED TENDER CALL NOTICE

Identification No. CHID -02 / 2010-11

1. Sealed tenders on behalf of Governor of Orissa are invited in the prescribed form for item rate bid to be eventually drawn in P.W.D. Form No. F-2 in the office of the Executive Engineer, Chikiti Irrigation Division, Berhampur from ‘D’ & ‘C’ Class contractors registered with the State Government for execution of Civil works, on production of definite proof from

the appropriate authority for the work “ Protection to Ghodahada left near village Lunilathi.”

Bidders registered with other State Govt./ M.E.S /Railways / CPWD in equivalent rank may participate in the tender for work in the State. But, successful bidder has to register under the State PWD before signing of the agreement.

2. The approximate estimated cost of the work tendered is Rs. 5.84 Lakhs /-

3. The work is to be completed within 2 (Two) Calendar months from the date of issue of written order to commence the work.

4 Bid documents consisting of plans, specifications, the schedule of quantities and the set of terms and conditions of contract and other necessary documents can be seen in all the offices issuing the documents during office hours everyday except on Sundays and Public Holidays till last date of sale and receipt of Bid documents. Interested bidders may obtain further information at the same offices.

5. Bids must be accompanied by Bid Security / E.M.D. of Rs. 5900 /- ( @ 1 % of the estimated cost of the work ) in shape of NSC / KVP / Post Office Time Deposit Account / Post Office Savings Bank Account / Deposit Receipt of any Schedule Bank duly pledged in favour of the Executive Engineer, Chikiti Irrigation Division, Berhampur failing which the bid will be rejected. Bidders desirous to hire machineries or equipments from out side the State are required to furnish 2% of the amount put to tender as Bid security.

6. The sale and receipt of the Bid document shall start from 31.07.2010 at 10.00 Hours and close on 10.08.2010 at 17.00 Hours . Bid documents will be available for sale and receipt in the office of the Superintending Engineer, Southern Irrigation Circle , Berhampur / Executive Engineer, Chikiti Irrigation Division, Be rhampur / Sub-Divisional Officer, Digapahandi Irrigation Sub-Division, Digapahandi during office hours everyday except on Sundays and Public Holidays till last date of sale and receipt of Bid documents. Intending Bidders are not required to produce any documents at the time of purchase of tender documents which would be required for verification purpose in the later state. Bids shall be received in all offices where the bids have been notified to be sold.

7. Bids must be delivered in the tender box of GREY Colour having identification No.CHID -02 / 2010-11 Bids delivered in the wrong box shall not be taken into consideration.


8. Bid documents can be purchased from all the offices mentioned in Sl. No. 4 above against a non-refundable fee of Rs. 4000.00 + V.A.T. @ 4 % Rs. 160.00 towards cost of the documents as indicated, in the form of cash or Demand Draft issued from any Scheduled bank payable at Berhampur in favour of Executive Engineer, Chikiti Irrigation Division, Berhampur. Cash receipt against purchase of tender paper shall be granted without mentioning the name of the contractor but with mention of the work for which purchase has been made.

9. Bidding documents requested by mail will be dispatched by registered / speed post on payment of an extra amount of Rs.500/- over the cost of documents. The Executive Engineer, Chikiti Irrigation Division, Berhampur will not be held responsible for the postal delay if any, in the delivery of the documents or non-receipt of the same.

10. Bids must be accompanied by attested copies of valid Registration Certificate / VAT Clearance Certificate (VAT-612) / PAN Card failing which the bid will be rejected. Bidders are not required to write their name on the outer cover containing the bid documents. They are only required to write the name of the work and authority who had issued the tenders. Bidders desirous to avail exemption / relaxation of E.M.D. as per prevailing rules should do so in writing and submit necessary document in support of their claim along with their bid. Bidders registered as “Engineer Contractors” desirous to avail exemption of E.M.D. for participating in bid shall have to enclose an affidavit for not having availed this facility in three works during the same financial year and produce the original Registration Certificate at the time of opening of the bid for recording the fact of availing exemption of E.M.D. for participating in bid failing which the bid will be rejected.

11. Additional performance security shall be deposited by the successful bidders when the bid amount is seriously unbalanced i.e. less than the estimated cost by more than 10%. In such event, the successful bidder will deposit the additional performance security to the extent of the differential cost of the bid amount and 90% of the estimated cost in shape of NSC / KVP / Post Office Time Deposit Account / Post Office Savings Bank Account / Deposit Receipt of any Schedule Bank duly pledged in favour of the Executive Engineer, Chikiti Irrigation Division, Berhampur. If a contractor declines / fails to deposit the Additional Performance Security at the time of Agreement, his EMD will be forfeited.

12. The bidders shall have to produce an affidavit in support of authenticity of documents / credential including the E.M.D accompanied with the bid failing which the bid will be rejected. The authority reserves the right to verify the authenticity of documents in case of any doubt or complain.

13. A bidder can submit only one tender paper for a particular work. Submission of more than one tender paper by a bidder for a particular tender will be liable for rejection of all such tender papers.

14. The Bids will be opened on 11.08.2010 at 11.00 Hours in the office of the Executive

Engineer, Chikiti Irrigation Division, Berhampur in the presence of the bidders who wish to attend. If the office happens to be closed on the last date of sale & receipt / date of opening of the bids as specified, the bids will be sold & received/ opened subsequently on the next working days at the same time and venue.

15. The authority reserves the right to reject any or all the tenders without assigning any reason thereof.

16. All the tenders received will remain valid for a period of ninety days from the date of receipt of tender. The period of validity can also be extended if agreed to by the Department and the Contractor.

17. The Department reserves the right of authority to reject any or all the tenders received without assigning any reason there of.

18. The police shall be informed about any threat to any official or contractor or possible interference during tendering process. Tendering process shall be cancelled on receipt of indication of cartelization or tender fixing subject to valid proof of the same.


19. In case the 1st. lowest tenderer or even the next lowest tenderers withdraw in series one by one, thereby facilitating a particular tenderer for award, then they shall be penalized with adequate disincentives with forfeiture of EMD unless adequate justification for such backout is furnished. Appropriate action for black listing the tenderers shall also be taken apart from disincentivising the tenderer.

20. The work is to be executed in strict accordance with the design and drawings and as per the specifications laid down in Orissa Detailed Standard Specifications. The Bidders shall carefully study the drawings and specifications applicable to contract and all the documents which form a part of the agreement to be entered into by the accepted tenderer and the Orissa detailed standard specifications .Complaints at a later date that the plan and specifications have not been verified by the tenderer, shall not be entertained.

21. The tender rates should be meticulously worked out and quoted by the tenderer without any flaw and ambiguity. Each rate should be accompanied by a clear and detailed analysis of it, covering the cost of various materials, labour, transport, direct and indirect overhead charges and the profit of the contractor without which the tender will be considered defective.

22. Each tender must take the form of a definite quotation of rate for each item of work to be included in the contract and tenders containing indefinite terms such as the estimated scheduled rate or at percentage basis or any omission of rate will not be considered.

23. All rates should be for finished items of works unless or other wise mentioned in the tender notice or schedule of quantities.

24. Unit and rates in the tender should be written both in words and figures and in case of discrepancy, the unit and rate written in words will be taken into account.

25. All taxes, fees, royalties etc. payable under the local rules including 1 % cess, C.S.T., O.S.T (V.A.T), Entry Tax etc. will be paid by the contractor. No extra payment will be made, if during the period of execution any enhancement of taxes, tollage, fees or royalties etc. effected by the union or state Govt. or any other authority.

26. The tender which is not in the prescribed proforma and not strictly in accordance with the terms and conditions of this tender notice is liable for rejection.

27. Letters found in the tender box intimating modification to the tender already submitted will not be considered.

28. Tenderers are required to submit detailed programme for completion of work along with the tender, keeping in view clause 2 of the P.W.D form No. F2 (schedule XLV Form No.61). Without this programme of work the tender will be considered defective.

29. The contractor shall have to furnish a certificate along with the tender to the effect that he is not related to any officer of the Departmental of the rank of Assistant Engineer or above or of any officer of the rank of Asst. Secretary or above.

30. The tenderer whose tender is accepted who have no fixed deposit with the Government, shall within a period of seven days, upon written intimation being given to him of acceptance of his tender, make an initial security deposit in shape of N.S.C. / K.V.P / P.O.T.D. / P.O.S.B. Account / Deposit receipt of any Scheduled Bank duly pledged in favour of the Executive Engineer, Chikiti Irrigation Division, Berhampur of an amount so that the earnest money deposit and initial security deposit will be 2% of the tendered amount and sign the agreement in the P.W.D. form no. F-2 for the due fulfillment of the contract in the Office of the Executive Engineer, Chikiti Irrigation Division, Berhampur. The initial security deposit, together with the earnest money and the amount withheld according to provisions of F-2 Contract shall be retained as security deposit for the due fulfillment of the contract. Failure to enter into the required agreement and to make the security deposit within the stipulated period shall entail forfeiture of the earnest money. No tender shall be finally accepted until, the required amount of security is deposited. The written agreement to be entered into between the Contractor and the Government shall be the foundation of rights of both the parties and the contract shall be deemed to be incomplete until the agreement has first been signed by the contractor and then by the proper officers authorised to enter into the contract on behalf of the Government. In case of tenderers who have made fixed deposits, action will be taken to degrade them if they decline to sign the agreement within the stipulated period and equivalent amount of


earnest money deposit shall be adjusted from the said deposit for not entering into the agreement.

31. The earnest money of the unsuccessful bidders will be returned on application after the tender is finally decided and retained in case of successful tenders as per the terms and conditions laid down in OPWD code and will not carry any interest.

32. The contractor should abide by the Fair wage clauses as introduced by the Govt. and shall pay not less than the Fair wages fixed by the Govt. to the labourers engaged by him on the work.

33. The contractor shall be liable to fully indemnify the Department for payment of any compensation under workman’s Compensation Act VIII of 1923 on account of workmen employed by the contractor and the full amount of compensation payable will be recovered from the contractor.

34. The contractor has to arrange all construction materials required for the work including cement, steel, bitumen etc. as per the required specifications subject to approval of quality by the Engineer-in-charge.

35. The department will have the right to supply at any time in the interest of work any departmental materials to be used in the work and the contractor shall use such materials without any controversy or dispute on that account. The rates of such materials issued will be at the stock issue rate inclusive of storage charges or rates fixed by the Department at the current schedule of rates which ever is higher.

36. The empty cement bags after use of the materials will be returned to Government store in good and serviceable condition failing which the cost thereof at the rate of Rs. 3.67 (Rupees three and paise sixty seven only) per bag will be recovered from contractor.

37. The contractor shall make arrangement at his own cost at the work site for proper storage and safe custody of the materials made over to them/him. The Engineer-in-charge have the right to refuse to issue materials unless he is satisfied regarding proper storage arrangement made by the contractor at work site.

38. If the contractor removes any Government materials or stores supplied to him from the site of work in contravention of the provision of this clause with a view to dispose of the same dishonestly he shall be, in addition to any other liability, civil or criminal arising out of this contract be liable to pay a penalty equivalent to five times the price of the materials or stock according to the stipulated rates. The penalty so imposed shall be recoverable at any time from any sum that may be then or at any time there after becomes due to the contractor, or from his security deposit, or the proceeds of sale thereof.

39. In the event of any delay in the supply of departmental materials for unavoidable reasons, reasonable extension of time will be granted on, application of the contractor but no claim for compensation will be entertained under any circumstances.

40. No part of the contract shall be sublet without written approval of the competent authority and in such an event the contract may be rescinded and the contractor may be penalized under appropriate clauses of the F2 contract.

41. The right is reserved with the competent authority to make any increase or decrease in the quantities for items of work mentioned in the schedule attached to the tender notice as may be considered necessary during actual execution of the work and such increase or decrease shall in no way invalidate the contract or rates. The contractor shall not be entitled to any compensation on this account except extension of time where considered necessary.

42. Item of work not covered by the tender schedule will be paid at the current schedule of rates and those not covered by schedule of rates will be paid on actual analysis approved by the authority competent to sanction as accommodated in clause 10 of F2 contract.

43. That for the purpose of jurisdiction in the event of dispute if any the contract shall be deemed to have been entered into at the district Head quarters of the work site and it is agreed that neither party to the contract nor the agreement will have the right to bring a suit in regard to the matters covered by this agreement or contract, at any place outside the State of Orissa.


44. The work may be split up and distributed among several contractors if considered necessary on emergent circumstances of the work, and the contractor is not entitled to any compensation on this account.

45. No compensation will be paid to the contractor for any damage done by rains, floods, cyclone or by any other natural calamity, labours made idle, labour strike, public agitation or riot during the execution of work and so the rates of the contractor should include all such contingencies.

46. Except as otherwise provided the contractor shall make arrangement of his own cost housing accommodation, water supply, sanitary arrangements, medical aid for the workmen engaged by him on the work.

47. The contractor should at his own cost arrange necessary tools and plants required for the efficient execution of work and the rates quoted should be inclusive of the running charges of such plant and tools and the consumables.

48. Machineries if available with the Department may be lent to the contractor on hire as per the prevailing terms and conditions of the Department.

49. The contractors are required to submit the list of machineries and equipments required for execution of the work along with the evidence of ownership (Format of certificate at Annexure – III).

50. In case the contractor is executing several works he is required to furnish a time schedule for movement of equipment / Machinery from one site to the work site when work is to be executed.

51. The contractor shall furnish ownership documents for those machineries which he is planning to deploy for the tendered works if these are not engaged or produce certificate from the Executive Engineer under whom these are deployed at the time of tendering as to the period by which these machines are likely to be released from the present contract. Certificate from the Executive Engineer shall not be more than 90 days old on the last date of receipt of tender (Format of certificate at Annexure – IV)

52. In case the contractor proposes to engage machineries and equipments as asked for in the tender document owned or hired but deployed out side the State, he/she is required to furnish additional 1% EMD/Bid security. The entire bid security including the additional bid security shall stand forfeited in case the contractor fails to mobilize the machineries with in stipulated time as per the tender document.

53. The contractor intending to hire/lease equipments/machineries are required to furnish proof of ownership from the company/person providing equipment/machineries on hire/lease along with contracts /agreements / lease deed and duration of such contract.

54. The contractor has to arrange the land required for borrowing earth if necessary for the work at his own cost. No extra payment by the Department will be made on this account and no claim whatsoever will be entertained on this ground. The rates quoted by the Contractor should be inclusive of all charges.

55. The earth work quantity will be assessed from cross sections taken at suitable intervals decided by the Executive Engineer, Chikiti Irrigation Division. Initial levels will be taken with reference to bench marks, which should be kept at site till finalisation of the contract. The initial cross section papers should be signed by both the parties before starting earth work. The final cross section of the embankment in filling reaches when finished to designed section will be taken for each portion of embankments and plotted over the initial level sections to ascertain to the final quantity.

56. Stones to be excavated, shall be measured in solid normally, but if the site conditions do not permit solid measurement by section as assessed by the Engineer-in-charge due to mixture of various rocks in the particular location, stack measurement will be taken to recourse at the direction of the Engineer-in-charge. From the stacks so measured deduction shall be made for voids at 40% minimum to arrive at solid measurement subject to increase in percentage according to the nature of compactness in stacking. No consideration will be given to any adverse condition by the Contractor in his tender.

57. Rubble stones, boulders, rough stones, soling stones are measured by volume of closely packed stacks. 1/6th volume for voids shall normally be deducted from closely packed stacks. Percentage of voids shall be determined on actual observation and deducted.


58. 12.5 % voids shall be deducted from metal and moorum stacks. The box of size 1.5m x 1.5 x 0.5 to be measured as 1.5m x 1.5m x0.44 = 1 Cum. Similar measurement to be adopted for gravel stacks also and voids deducted. The rates are excluding voids.

59. No payment will be made for bench marks, leveling-pillars, profiles benching, leveling areas, where required. Accommodation for majdoors, supply of controlled commodities for imported labour is the contractors responsibility.

60. After the work is finished all surplus materials and debris should be removed from the site to a safe distance as may be directed by the Engineer-in-charge at the cost of the contractor.

61. Before tendering for a work the tenderer should carefully examine the quarries for availabilities of the materials in sufficient quantities and the leads for conveyance. The department will in no case be responsible for the misjudgment of the quarries or the availability of the materials and the leads stipulated in the estimate and no extra cost will be paid on this account. Approach road both to the quarry site and work site are to be constructed (if necessary) by the contractor and no extra payment will be made on account of this.

62. It should be understood clearly that no claim what so ever will be entertained as regards extra items of work/extra quantity of any item besides estimated quantity. Written order must be obtained from the Engineer-in-charge and rates settled before the work is taken up.

63. Water required for construction will be arranged by the contractor with in his tendered rates for finished items without any extra payment

64. The canal slopes and banks will be maintained by the contractor till the final payment is made and any rain cuts, slides settlements that would occur, should be made good by him at his own cost without any claim.

65. In filling reaches, settlement allowance should be given at the rate of minimum 1” for every feet height of the embankment but payment will be made on the exact theoretical design section.

66. Any jungle clearance needed for borrowing earth beyond the toe of the embankment or beyond the excavation limits is the responsibility of the contractor and no extra payment will be made on this account

67. Earth work beyond the theoretical design section will not be paid for.

68. If there will be any delay in handing over the site, no compensation or claim on that account will be entertained. Extension of time will be granted if considered reasonable.

69. Sinking of wells shall be measured from bottom of well cap to bottom of cutting edge.

70. Construction of coffer dams or islands or the work of open excavation or dressing required for laying well curves should be included in the rate of well sinking.

71. In well sinking maximum tolerance permissible in the tilts is 1.60 and shift is 6 (six inches). Where it is not feasible to work those tolerance, the contractor shall carry out suitable remedial measures as may be directed by the Engineer-in-charge to over come the adverse affects of tilts and shifts without any extra cost the department.

72. The contractor should take all precautions to protect the structures from flood damages at his own cost during the period of execution. Damages if any caused by the flood will be made good by the contractor at his own cost.

73. No extra cost for plastering to beams or deck slabs or slide walls of through or other RCC works will be paid for rendering the exposed surfaces smooth.

74. After completion of the work the contractor shall arrange at his own cost all requisite equipment and labour for testing the work and bear the entire cost of test.

75. Tenders are required to go through each clause of PWD form No. F2 carefully in addition to the clauses mentioned here in before tendering. While submitting the tender the tenderers should sign in each page of detailed tender call notice and tender schedule.

76. The contractor shall employ one or more engineering graduate or diploma holder as apprentices at his own cost for works costing Rs. 2.5 lakhs or more. The apprentices will


be selected by the Chief Engineer, Irrigation, Orissa. The period of employment will commence with in one month of the date of work order and would last till the date when 90% of the work is completed. The stipend to be paid to the apprentices should not be less than the emoluments of the personnel of equivalent qualification employed under the Govt. of Orissa. The number of apprentices to be employed should be fixed by the Chief Engineer in a manner so that the total expenditure does not exceed one percent of the tendered cost of the work.

77. Income tax from the billed amount will be recovered from the bills of the Contractor as per prevailing rules of Income Tax Department as per instructions received from time to time.

78. Sales Tax (VAT) from the billed amount will be recovered from the bills of the Contractor as per instructions received from Sales Tax Authority from time to time.

79. The tenderers are required to pay royalties of all materials as per the rates prescribed by State Govt. from time to time. They are also required to produce receipts duly obtained from the authorities concerned at the time of each payment in proof of such payment of royalties to the Govt. as per the actual quantities of materials used in a particular work. In case the contractor fails to produce such receipts, the cost of royalties of all such materials will be recovered from the contractor bills at the rates prevailing and prescribed by the Govt. and the same will be remitted to Govt. on behalf of the contractor and in such case of recovery, no claims, whatsoever, will be entertained.

80. Security deposit will be deducted and withheld from the bills of the Contractor according to the provisions of F-2 Agreement and as per instructions of Government received from time to time.

81. The contractor has to arrange the samples of materials required for execution to be got tested and approved by the department before taking up the work and during course of execution required from time to time. All such samples are to be tested at Quality Control Laboratory of the department at the cost of the contractor with no extra cost to the department.

82. Where it will be found necessary by the department the Officer-in-charge of the work shall issue an order book to the contractor to be kept at the site of the work with pages serially numbered. Orders regarding the work whenever necessary are to be entered in this book by the Officer-in-charge of the Department with their dated signatures and duly noted by the contractor or his authorised agent with their dated signatures. Orders entered in this book and noted by the contractor’s agent shall be considered to have been duly given to the contractor for following the instructions of the Department. The order book shall be the property of the Department and shall not be removed from the site of work without written permission of the Executive Engineer and to be submitted to the Engineer-in-charge every month.

83. The contractor shall make requisition of claim book from the date of commencement of the work from the Department and shall maintain in proper P.W.D form with pages serially numbered in order to record items of work which are not covered by this contract and are claimable as extras. Claims shall be entered regularly in this book under the dated signatures of the contractor or his duly authorised agent at the end of each month. A certificate should also be furnished along with these claims to the effect that beyond this claim entered in the book, there are no other claims up-to-date. If in any month there are no claims to record. Certificate to that effect should be furnished by the contractor in the claim book. Each claim must be defined and should give as far as possible the quantities and as well as total amount claimed. The claim book must be submitted by the contractor regularly by 30th/16th days of each month for orders of the Engineer-in-charge or competent authority. Claims not made in this manner or the claims books not maintained from commencement of the work are liable to be summarily REJECTED.

The claim book is property of the Department and shall be finally surrendered by the contractor to the Executive Engineer (i.e. Engineer-in-charge) after completion of the work or before recession of the contract by the Department whichever is earlier for record.


84. Over and above these conditions, the terms & conditions, rules & regulations as laid down in Orissa Detailed Standard Specifications and Orissa P.W.D code are also binding.

85. The contractors are required to submit list of work in hand and list of similar work executed in the last five years accompanied with the certificate from the Executive Engineer’s with their seal (Format of certificates at Annexure – I & II).

SPECIAL CONDITIONS

All the earth work pits should be on river side and at least 10 mtr away from the new top of embankment works. All measurements for earth work will be taken by section measurement. Tender is to sign the longitudinal section and cross section of the existing ground level before starting execution of works. Final level will be taken after completion of the work in all respect. The contractor is to give labour for giving section and profiles. All materials necessary for such work will be supplied by the contractor and the profile is to be maintained till the work is completed. Payment of earthwork in banking by section measurement will be made by deducting at least 12.5% towards settlement of earth if measurement is taken before monsoon The contractor should keep himself in constant touch with Engineer-in-charge for smooth execution of the work and arrange for adequate labour depending on the work load and working space available. No claim for detention of labour on any account will be entertained. It is the responsibilities of the contractor to arrange earth to the extent required for the work at his own risk. The contractor should engage local labour as far as possible in the work entrusted to him for earth work in embankment there will be minimum distance of 25 feet from the toe of the embankment from the borrow pit. For earth work in cutting reaches, the spoils should be deposited as directed by the Engineer-in-charge. There will be minimum gap of 20 ft. between the canal edge and spoil bank. Except as other wise provided watering, dewatering, shoring and shuttering charges including drinking water to labour wherever necessary during execution of the work shall be borne by the contractor for which no extra payment will be made.


Annexure – I

LIST OF WORK IN HAND

I/We do hereby certify that at present the following works are in my / our hand:

Sl.No. Particulars of works now in

hand

Amount of each work

Period in which the work is

stipulated to be completed (in months)

Approximate value of work done against each work on

the date of submission of

tender

Department under which the work is being taken

up

1 2 3 4 5 6

I/We also note that non submission of this certificate will render my/our tender liable for rejection.

CONTRACTOR

Annexure - II

LIST OF SIMILAR WORKS EXECUTED IN THE LAST FIVE YEARS (Executive Engineer’s Certificate to be attached)

I/We do hereby certify that the following similar works have been executed by me/us in the last five years:

Sl.No. Particulars of

works already executed

Approximate amount of each work

Name of the Dept.

under which the

work

Date of commencement and stipulated

date of completion

Whether the works were

completed in stipulated

period 1 2 3 4 5 6


CONTRACTOR


Annexure - III

LIST OF MACHINERIES AND EQUIPMENTS I/We do hereby certify that the following machineries and equipments are in my/our possession and in working order:

Sl. No.

Name of the machineries/ equipments

Identification No./Engine/ Chasis No.

Capacity Year of purchase

Condition (Working/

breakdown) 1 2 3 4 5 6


CONTRACTOR

Annexure - IV

CERTIFICATE TO BE ISSUED BY THE EXECUTIVE ENGINEER UNDER WHOM THE MACHINERIES/EQUIPMENTS ARE DEPLOYED

(Not issued prior to 90 days of receipt of tender)

Sl. No.

Name of the machineries/ equipments

Identification No./Engine/ Chasis No.

Capacity

Year of purchase

Condition (Working/

breakdown)

Since when

deployed under him

When it is likely to be released

from current

assignment 1 2 3 4 5 6 7 8

Certified that, 1. I have verified the ownership documents with the identification no. of the

Machineries/equipments. 2. Machines are currently utilised exclusively for the work under the Division. 3. The facts provided are true as on the date of issue of this document to the best of my

knowledge.


PROCEDURAL AMMENDMENTS IN THE PROCESSING OF TENDERS

(O.M No. 24716 Dtd. 24.12.05 of Works Department, G ovt. of Orissa)

1.1 The bidder / Tenderer whose bid has been accepted will be notified of the award by the Engineer-in-charge prior to expiration of the validity period by cable, telex or facsimile confirmed by registered letter. This letter (hereinafter and in the Conditions of Contract called to “Letter of Acceptance” ) will state the sum that the Engineer-in-Charge will pay the contractor in consideration of the execution, completion, and maintenance of the Works by the contractor as prescribed by the contract (Hereinafter and in the contract called “Contract Price”)

1.2 The notification of award will constitute the formation of the contract, subject only to the furnishing of a performance security (ISD) and additional performance security in accordance with the provisions of the agreement.

1.3 The agreement will incorporate all agreements between the officer inviting the bid / Engineer-in-charge and the successful bidder. Within 15 days following the notification of award along with the letter of Acceptance, the successful bidder will sign the agreement and deliver it to the Engineer-in-Charge. Following documents shall form part of the agreement.

(a) The notice inviting bid, all the documents including additional conditions, specifications and drawings if any, forming the bid as issued at the time of invitation of bid and acceptance thereof together with any correspondence leading thereto & required amount of performance security including additional performance security.

(b) Standard P.W.D. Form F2.

2. TIME CONTROL

2.1 Progress of work and re-scheduling programme.

2.1.1 The Executive Engineer / Engineer-in-charge shall issue the letter of acceptance to the successful contractor. The issue of the letter of acceptance shall be treated as closure of the Bid process and commencement of the contract.

2.1.2 Within 15 days of issue of the letter of acceptance, the Contractor shall submit to the Engineer-in-charge for approval a programme commensurate to Clause No 3 showing the general methods, arrangements, and timing for all the activities in the Works along with monthly cash flow forecast.

2.1.3 To ensure good progress during the execution of the work the contractors shall be bound in all cases in which the time allowed for any work exceeds one month to complete 1/4th of the whole of the work before 1/4th of the whole time allowed under the contract has elapsed, ½ of the whole of the work before ½ of the whole time allowed under the contract has elapsed, 3/4th of the whole of the work before 3/4th of the swole time allowed under the contract has elapsed.

2.1.4. If at any time it should appear to the Engineer-in-charge that the actual progress of the works does not conform to the programme to which consent has been given, the contractor shall produce, at the request of the Engineer-in-charge, a revised programme showing the modifications to such programme necessary to ensure completion of the works within the time for completion. If the Contractor does not submit an updated programme within this period, the Engineer-in-charge may withhold the amount of 1% of the contract value from the next payment certificate and continue to withheld amount until the next payment after the date on which the over due programme has been submitted.

2.1.5 An update of the programme shall be a programme showing the actual progress achieved on each activity and the effect of the progress achieved on the timing of the remaining work including any changes to the sequence of the activities.

2.1.6 The Engineer-in-charge’s approval of the programme shall not alter the Contractor’s obligations. The Contractor may revise the programme and submit it to the


Engineer-in-charge again at any time. A revised programme is to show the effect of variations and compensation event.

2.2 Extension of the Completion Date.

2.2.1 The time allowed for execution of the works as specified in the Contract data shall be the essence of the Contract. The execution of the works shall commence from the 15th Day or such time period as mentioned in letter of Award after the date on which the Engineer-in-charge issues written orders to commence the work or from the date of handing over of the site whichever is later. If the Contractor commits default in commencing the execution of the work as aforesaid Government shall without prejudice to any other right or remedy available in law, be at liberty to forfeit the earnest money & performance guarantee / Security deposit absolutely.

2.2.2 As soon as possible after the contract is concluded the Contractor shall submit a Time & Progress Chart for each milestone and get it approved by the Department. The Chart shall be prepared in direct relation to the time stated in the Contract documents for completion of items of the works. It shall indicate the forecast of the dates of commencement and completion of various trades of sections of the work and may be amended as necessary by agreement between the Engineer-in-charge and the Contractor within the limitations of time imposed in the contract documents, and further to ensure good progress during the execution of the work, the contractor shall in all cases on which the time allowed for any work, exceeds one month (save for special jobs for which a separate programme has been agreed upon) complete the work as per milestone given in contract data.

2.2.3 In case of delay occurred due to any of the reasons mentioned below, the contractor shall immediately give notice thereof in writing to the Engineer-in-charge but shall nevertheless use constantly his best endeavors to prevent or make good the delay and shall do all that may be reasonably required to the satisfaction of the Engineer-in-charge to proceed with the works

i) Force majeure, or

ii) Abnormally bad weather, or

iii) Serious loss or damage by fire, or

iv) Civil commotion, local commotion of workmen, strike or lockout affecting any of the trades employed on the work, or

v) Delay on the part of other contractors or tradesmen engaged by Engineer-in-charge in executing work not forming part of the contract.

vi) In case a variation is issued which makes it impossible for completion to be achieved by the intended completion date without the contractor taking steps to accelerate the remaining work and which would cause the contractor to incur additional cost, or

vii) Any other cause, which, in the absolute discretion of the authority mentioned, in contract data is beyond the contractor’s control.

2.2.4. Request for re-schedule and extension of time, to be eligible for consideration shall be made by the contractor in writing within fourteen days of the happening of the event causing delay. The contractor may also, if practicable, indicate in such a request the period for which extension is desired.

2.2.5 In any such case a fair and reasonable extension of time for completion of work may be given. Such extension shall be communicated to the contractor by the Engineer-in-charge in writing within 3 months of the date of receipt of such request. Non-application by the contractor for extension of time shall not be a bar for giving a fair and reasonable extension by the Engineer-in-charge and this shall be binding on the contractor.

2.3 Compensation for Delay.

2.3.1 If the contractor fails to maintain the required progress in terms of Clause 2 or to complete the work and clear the site on or before the contract or extended date of completion he shall, without prejudice to any other right or remedy available under the law to the Government on account of such breach, pay as agreed compensation the


amount calculated at the rates stipulated below as the Superintending Engineer (whose decision in writing shall be final and binding) may decide on the amount of tender value of the work for every completed day / month (as applicable) that the progress remains below that specified in Clause 2 or that the work remains incomplete.

This will also apply to items or group of items for which a separate period of completion has been specified compensation @ 1.5% per month of for delay of work, delay to be computed on per day basis .

Provided always that the total amount of compensation for delay to be paid under this condition shall not exceed 10% of the tendered value of work or to the Tendered value of the item or group of items of work for which a separate period of completion is originally given.

The amount of compensation may be adjusted or set-off against and sum payable to the contractor under this or any other contract with the Government. In case, the contractor does not achieve a particular milestone mentioned in contract data, or the reschedule milestone(s) in terms of Clause 2.5, the amount shown against that milestone shall be withheld to be adjusted against the compensation levied at the final grant of extension of time. Withholding of this amount on failure to achieve a mile stone shall be automatic without any notice to the contractor. However, if the contractor catches up with the progress of work on the subsequent milestone(s), the withhold amount shall be released. In case the contractor fails to make up for the delay in subsequent milestone(s) amount mentioned against each milestone missed subsequently also shall be withheld. However, no interest whatsoever, shall be payable on such withheld amount.

2.4 Bonus for early completion.

In case, the contractor completes the work ahead of scheduled completion time a bonus @ 1% (one percent) of the tendered value per month computed on per day basis shall be payable to the contractor, subject to a maximum limit of 2% (two percent) of the tendered value. The amount of bonus, if payable shall be paid along with final bill after completion of work.

Incentive should be paid in respect of individual project for new construction / substantial additional or improvement work, the minimum value of which is Rs. 10.00 Crores for Irrigation works. Incentive will be paid with approval of next higher authority of tender accepting authority on completion of original work before original time schedule. Incentive need not be included in the estimate. Specific budget provision may be made under State-Plan out of which the incentive shall be met. ( Works Dept. Circular No. 8310 Dt. 17.05.2006 )

2.5 Management Meetings.

2.5.1 Either the Engineer or the contractor may require the other to attend management meeting. The business of a management meeting shall be to review the plans for remaining work and to deal with matters raised in accordance with early warning procedure.

2.5.2 The Engineer shall record the business of management meetings and is to provide copies of his record to those attending the meeting and the Employer. The responsibility of the parties for actions to be taken is to be decided by the Engineer either at the management meeting or after the management meeting and stated in writing to all who attended the meeting.

3. SEALING OF BIDS AND TENDER BOXES.

3.1 In order to ensure that the envelopes are properly sealed, the contractors can seal them with superglue and also add tamperproof tapes as additional precaution.

3.2 On the date of closure of the tender the openings of boxes through which the tenders are inserted are to be sealed using tamper proof security sealing tapes.

3.3 The tender boxes should display unique identity of each box at the tender receipt locations and details of the tenders to be inserted in such box as well as the last date for the same so that there is no accidental or inadvertent mix up.


RULES FOR BLACKLISTING OF CONTRACTORS

(Appendix-XXXIII of OPWD Code, Vol-II)

(As per Works Dept. Circular No. Codes-8/06 – 3365/ W Dated 01.03.2007)

A. The Chief Engineer of a department may blacklist a contractor with the approval of concerned Administrative Department on the following grounds.

a. Misbehavior / threatening of a departmental & supervisory officers during execution of work / tendering process

b. Involvement in any sort of tender fixing

c. Constant non-achievement of milestones on insufficient and imaginary grounds and non-adherence to quality specifications despite being pointed out.

d. Persistent and intentional violation of important conditions of contract.

e. Security consideration of the State i.e. any action that jeopardizes the security of the State.

f. Submission of false / fabricated forged documents for consideration of a tender. The Divisional Officer shall repot to the Chief Engineer if in his opinion any of the

above wrong has / have been committed by any contractor. On receipt of such a report from the Divisional Officer the Chief Engineer shall make due enquiry and if considered necessary issue show cause notice to the concerned contractor who in turn shall furnish his reply, if any, within a fortnight from the date of receipt of the show cause notice. Thereafter, if the Chief Engineer is satisfied that there is sufficient ground, he shall blacklist the concerned contractor with the approval of the Administrative Department. After issue of the order of blacklisting of the said contractor the Chief Engineer shall intimate to all Chief Engineers of other Administrative Departments, the Registering Authority as provided under Rule-4 of PWD Contractor’s Registration Rules, 1967 and Department of Information Technology for publication in web-site of State Govt.

B. The registration certificate of blacklisted contractor shall remain automatically

suspended while allowing him to complete all his ongoing work(s) unless otherwise rescinded by the competent authority on grounds of breach of conditions of agreement.

C. The name(s) of partners & allied concerns of the blacklisted contractor shall also

be communicated to all concerned. Care shall be taken to see that the contractor blacklisted and his partners do not transact any business with government under a different name or title.

D. Once the blacklisting order is issued it shall not be revoked ordinarily unless :

i. On review in later date, the Chief Engineer is of the opinion that there is sufficient justification to revoke the order of blacklisting, or

ii. In respect of the same offence, the accused has been honorably acquitted

by a Court of Law.

The concerned Chief Engineer will obtain order from the concerned Administrative Department before revoking the order of blacklisting. The order of revocation shall also be communicated to all concerned.

E. The Chief Engineers and Administrative Department shall maintain a list of

blacklisted contractor. Up-dated list of blacklisted contractors shall be communicated to all concerned by the Chief Engineers on a quarterly basis.

Checklist as per Annexure-I shall be furnished by the concerned Chief Engineer for blacklisting the contractor.


G. Checklist as per Annexure-II shall be furnished by the concerned Chief Engineer for revoking blacklisting order.

Explanation: (i) Action taken under this Rule shall be in addition to any action

taken under Rule-11 of PWD Contractor’s Registration Rules, 1967

(Appendix-VIII of OPWD Code, Vol-II). On revocation of order of

blacklisting, registration certificate of the contractor shall valid

automatically, if not otherwise become invalid which shall be recorded in

the registration certificate by the revoking authority.

(ii) The ground mentioned above for blacklisting of contractor shall be

deemed to be deleted from the grounds for cancellation / suspension of

registration certificate U/R—11(a) of PWD Contractor’s Registration Rules,

1967 (Appendix –VIII of OPWD Code, Vol-II).

Annexure - I CHECKLIST FOR BLACKLISTING OF CONTRACTOR

1. Name and address of contractor : 2. Class of contractor and registration number: 3. Status (individual, partner, company): 4. Validity of Registration Certificate: 5. Registering Authority: 6. Name and address of Divisional Officer who initiated the proposal for blacklisting: 7. Specific ground / reasons of blacklisting: 8. Detailed report of the officer recommending for blacklisting: 9. Date & number of the correspondences, if any made with the contractor on above

ground (Copy to be enclosed): 10. Date of receipt of reply to above notices (copy to be enclosed): 11. Date & number of show cause notice issued (Copy to be enclosed): 12. Date of receipt of reply to show cause notice (Copy to be enclosed): 13. Comments of the Superintending Engineer / Next Higher Officer on the reporting /

Recommending Officer: 14. Views of Chief Engineer concerned who finally recommended the Government for

blacklisting the contractor:


Annexure - II

CHECKLIST FOR REVOCATION OF BLACKLISTING ORDER OF C ONTRACTOR

1. Name and address of blacklisted contractor: 2. Name of the authority passing the order of the blacklisting (here enclose the copy

of blacklisting order): 3. Date of receipt of application of the contractor for revocation of blacklisting order

with name and address: 4. Name and address of receiving authority: 5. Reasons for revocation mentioned in the application: 6. Recommendation of the Executive Engineer / Superintending Engineer / Chief

Engineer or any other Officer (Department wise): 7. Specific ground of recommending the revocation of blacklisting order: 8. Report on performance of the Contractor in the ongoing works which were

executed by him / them during / after the period of blacklisting: 9. Performance report of the contractor during relevant period in connection

execution of works under any Central Government / other State Government / Central / State Public Undertakings


BILL OF QUANTITIES

Name of Work : Protection to Ghodahada left near village Lunilathi.. Amount Put to tender : Rs 5,83,683 /-

Sl. No.

Description of items Unit Quantity Rate (in Rs.)

In Figures In words

1 2 3 4 5 6

1 Earth work excavation in foundation in ordinary soil including rough dressing and leveling the bed and deposited the excavated materials away from the work site within initial lead of 50 m and initial lead of 1.50 m with all labour, T&P, Cess etc. complet as per the direction of the Engineer-in-Charge.

One Cum.

84.17

2 Cement Concrete of nominal mix / design mix of M-10 Grade having specified characterstics compressive strength of 10 N / mm 2 in design mix with minimum quantity of cement as specified in I.S / I.R.C. code of 150mm cube at 28 days curing after mixing and test conducted in accordance with relevant clauses of I.S-516 / I.R.C.- 78 using hand broken hard granite coarse aggregate 40 mm down graded and proportion as specified in I.S. 456 / I.R.C. 21 Code and subject to mix design in confirmity to the grading and proportion of different materials of concrete in canal structures as specified in the relevant codes of approved quantity obtained from approved quarry and using minimum quantity of cement 2.07 qntl. per cum (as per nominal mix) of tested and approved quality with all leads, lifts and delifts including cost, carriage, royalities, Cess and taxes of all materials, dewatering, mixing and vibrating by mechanical means and providing grooves or beads whenever necessary including cost, carriage of water, curing, T&P, labour and supervision charges including mobilisation and demobilisation and working of machineries etc with cost of construction and maintenance of coffer dam and diversion arrangement and removal required in complete as per approved drawing, specification and direction of the Engineer-in-charge.

One Cum. 95.23

3 Cement concrete (1:2:4) using 12 mm size hand broken hard granite chips for wearing coat including cost, conveyance, royalty, cess and all taxes of all materials, leads, lifts, delifts, all labour, curing, watering, T&P etc. complete as per direction of the Engineer-in-Charge.

One Cum. 19.20


4 Providing rigid smooth centring and shuttering for concrete works including false work, dismantling and finishing than after casting including cost, conveyance, Cess, all taxes of all materials, and T&P with all labour, materials etc. complete as per approved drawing, design, specification and direction of the Engineer-in-Charge.

One Sqm.

182.40

5 Dumping hard granite stones for dry rubble rock toe, bed bars, launching aprons to designed thickness and the slopes using 30 cm and above size hard granite broken stones of approved quality from approved quarry free from weathered skin and other deleterious materials including filling the interstices with small stones including wedges & packing surface to proper line and levels including fixing wave breakers, de-watering if any complete with all leads, lifts, delifts, T&P, all labour, cost, conveyance, royalty,cess etc. of all complete as per the direction of the Engineer-in-Charge. (Measurement shall be taken on finished level section only)

One cum. 557.35

5 (Five) Items only

CONTRACTOR


IDENTIFICATION NO. CHID - 02 / 2010-11 TENDER SCHEDULE CONTAINS _________________________SHEETS. 1- Date of issue of tender paper vide Receipt No. _____________________________ Date ___________________ 2- Last date of receipt of tender paper as per Call Notice up to 17.00 hours of 10.08.2010. 3- Valid R.C. 4- E.M.D 5- I.T.C.T. / PAN CARD 6- S.T.C.C. / VAT 7- AFFIDEVIT 8- NO. OF CORRECTION 9- NO. OF OVER WRITING 10- NO. OF DIFFERENCES

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