TENDER DOCUMENT FOR Lining, Repair & Construction of Right

TENDER DOCUMENT FOR

Lining, Repair & Construction of Right Main Canal and its Structures from RD 17.16 to 31.4 km under North Koel Reservoir Project,

Jharkhand and Bihar

Estimated Cost (Rs. 82.58 Crores)

TENDER NO: WAP/INFRA./NK/RMC(P2)/2019

VOLUME 1: NOTICE INVITING TENDER

Issued to M/s

Tele: +91-124-2348021, Email: [email protected],

Website: www.wapcos.co.in

Page 1 of 73

DATA SHEET

Note: the Tender for “Lining, Repair & Construction of Right Main Canal and its Structures from RD 0 to 31.4 km under North Koel Reservoir Project, Jharkhand and Bihar” has been invited in two separate Packages as follows:

Package 1 - Lining, Repair & Construction of Right Main Canal and its Structures from RD 0 to 17.16 km under North Koel Reservoir Project, Jharkhand and Bihar - Estimated Cost (Rs. 86.42 Crores) (TENDER NO: WAP/INFRA./NK/RMC(P1)/2019)

Package 2 - Lining, Repair & Construction of Right Main Canal and its Structures from RD 17.16 to 31.4 km under North Koel Reservoir Project, Jharkhand and Bihar - Estimated Cost (Rs. 82.58 Crores) (TENDER NO: WAP/INFRA./NK/RMC(P2)/2019)

This NIT is for Package 2 - Lining, Repair & Construction of Right Main Canal and its Structures from RD 17.16 TO 31.4 km under North Koel Reservoir Project, Jharkhand and Bihar - Estimated Cost (Rs. 82.58 Crores)

Sr No Item Details

1. Name of work Lining, Repair & Construction of Right Main Canal and its Structures from RD 17.16 to 31.4 km under North Koel Reservoir Project, Jharkhand and Bihar Estimated Cost (Rs. 82.58 Crores)

2. Completion period for Construction 8 months (including monsoon period) 3. Date of issue of Notice inviting bid 23.05.2019

4. Period of downloading of bidding documents

23.05.2019 to 20.06.2019 (up to 03:00 PM) Documents can be downloaded from MSTC

WAPCOS Ltd., 76-C, Sector- 18, Institutional Area,

Gurgaon- 122015, Haryana 6. Deadline for receiving bids 20.06.2019 (up to 03:00 PM)

General Manager (Infra.), WAPCOS Ltd., 76-C, Sector-18, Institutional Area, Gurgaon- 122015, Haryana

7. Date & time of opening Technical Bids 20.06.2019 (03:30 PM) 8. Place of opening Bids WAPCOS Ltd., 76-C, Sector-18, Institutional

Area, Gurgaon-122015, Haryana 9. Validity of Bid 120 days from the date of receiving of the bids.

10. Officer inviting Bids General Manager (Infra.) Tele: +91-124-2348021

11. Mode of Submission Technical Bid –Technical Bid must be uploaded online. EMD and Solvency Certificate in original to be submitted physically, in the office of General Manager (Infra.), WAPCOS Ltd.,76- C, Sector-18, Institutional

Area, Gurgaon- 122015, Haryana by 20.06.2019 (up to

Page 2 of 73

Website from 23.05.2019

5. Date & Place of pre-bid meeting 31.05.2019 (03:00 PM)

03:00 PM)

Financial Bid – Financial Bid has to be submitted online.

EMD – EMD Amount of Rs. 1,65,00,000/- (Rupees One Crore and sixty five lakhs Only) will have to be deposited in shape of FDR in favor of WAPCOS limited from a Nationalized/Scheduled Bank payable at Gurgaon/Delhi. A part of Earnest money is acceptable in the form of Bank Guarantee also. In such case Earnest money of Rs. 20,00,000/- (Rupees Twenty lakhs Only) will have to deposited in shape of FDR in favor of WAPCOS limited from a Nationalized/ Scheduled Bank payable at Gurgaon/Delhi and balance Rs. 1,45,00,000/- (Rupees One Crore and forty five lakhs Only) in shape of irrevocable bank Guarantee from Nationalized/ Scheduled Bank in favor

of WAPCOS Ltd. BG Shall be valid for minimum 120

days from the last date of submission of tender as per format enclosed. EMD is exempted for MSMEs (Micro, small & medium Enterprises)/ NSIC (The National Small Industries Corporation Limited) on submission of valid proof in place of EMD at the required date & time

12. Award of Work In case a Bidder is L1 for both packages, then Bidder shall have to meet the qualifying criteria as mentioned below for award of both Packages: The Bidder should have a solvency of at least Rs.

68 Cr in order to fund the project till the time the invoices get paid. The bidder shall provide a solvency certificate from the Bank in original issued after publishing date of NIT.

The Bidder should not have incurred any loss (Profit after tax should be positive) in more than two years during the last Five financial years ending on the financial year 2017-18.

The contractor should have minimum annual average turnover of Rs. 84.5 Cr during the last 3 years. The bidder shall furnish a certified copy of audited financial statements in support of the claim.

The contractor should also have successfully completed during last Seven years ending previous day of last date of submission of tenders of minimum values specified herein below:

Three similar completed works costing not less than Rs. 68 Cr

Page 3 of 73

Or Two similar completed works of order value each not

less than Rs. 101.4 Cr

Or One similar completed work of order value not less than

Rs. 135.2 Cr

However, if the Bidder does not meet the above criteria, then the Bidder shall have the option of choice of executing either of the Packages at L1 rate for that Package.

After award of Work to the Bidder, the remaining Package shall be awarded to the L2 Bidder at his quoted amount i.e. L2 rate for that Package.

If both Packages are awarded to a single Bidder, then also the time period shall be 8 months i.e. both the Packages shall be executed simultaneously.

Page 4 of 73

TENDER DOCUMENT FOR


Jharkhand and Bihar



Section I- NIT

Tele: +91-124-2348021,

Email: [email protected],


Page 5 of 73

NOTICE INVITING TENDER Section I

TENDER NO: WAP/ INFRA./NK/RMC(P2)/2019

Online Tenders are invited by WAPCOS Limited on behalf of Ministry of Water Resources, River Development and Ganga Rejuvenation (MoWR, RD & GR) from Contractors meeting the qualifying requirements.

1 Estimated Cost of Work : Rs. 82.58 Crores

2 Bid Processing Fee : Rs. 10,000 /- (as per MSTC website)

3 Contents of Tender Document Volume 1 –Notice Inviting tender Instruction to Bidder Qualifying Criteria Scope of work

Volume 2 - General Conditions of Contract & Special Conditions of Contract

Volume 3 – Technical Specifications Volume 4- Price Schedule Volume 5 - Tender Drawings

Tenders are non-transferable.

7 Tender Closing Date & Time 20.06.2019 (03:00 PM)

If the office of WAPCOS Limited, Gurgaon happens to be closed on the last date and time mentioned for any of the event, the said event will take place on the next working day at the same time and venue

Technical and Financial Bid must be submitted online on MSTC Website (https://www.mstcecommerce.com/eprochome/wapcos) on or before 20.06.2019 up to 3:00 PM and Sealed Tender (Technical Bid along with EMD and original Solvency Certificate) will also be received physically at the Office of General Manager (Infra.), WAPCOS Limited, 76-C, Sector-

18, Institutional Area, Gurgaon-122015, Haryana, India up to 3.00 PM on or before

20.06.2019. The Financial bid of the technically qualified tenderers shall only be opened. Telex,

Page 6 of 73

4 Amount of Earnest Money Deposit : Rs. 1.65 Crores

5 Project completion period : 8 months (including monsoon period)

6 Pre- bid meeting : 31.05.2019 (03:00 PM)

Full details, specifications, terms and conditions of work shall be available in the Tender Document for above NIT, which can be downloaded from MSTC website (https://www.mstcecommerce.com/eprochome/wapcos) in downloadable form. The tenderer has to ensure that the tender so downloaded is complete along with all corrigendum/addendum, if any. Incomplete Tender shall be rejected out rightly. Tenders received without EMD and documents pertaining to qualifying criteria mentioned in Section III of Tender Document will be summarily rejected.

Telegraphic or e-mail tenders will not be entertained.

Pre-BID conference of the Bidders shall be convened at the designated date, time and place. A maximum of two representatives of prospective Bidders shall be allowed to participate on production of authority letter from the Bidder.

During the course of Pre-Bid conference(s), the Bidders will be free to seek clarifications and make suggestions for consideration of the Employer. The Employer shall endeavor to provide clarifications and such further information as it may, in its sole discretion, consider appropriate for facilitating a fair, transparent and competitive Bidding Process.

The bidder is requested to submit any questions in writing or by mail to reach the Employer not later than 2 days before the meeting. No queries whatsoever shall be entertained after the pre- bid meeting.

The successful Tenderers shall have to comply with provision of contract labour (Regulation & Abolition) Act, 1970 and rules appended there under if, applicable to him as applicable. WAPCOS Limited reserves the right to accept or reject or cancel any or all tender (s) at any stage if necessary without assigning any reason whatsoever. The contractor should have a minimum average annual turnover of Rs. 41 Cr during the last 3 years ending March 2018. Turnover Certificate for the last three years ending March 2018 shall be provided from an Independent Chartered Accountant.

The contractor should also have successfully completed similar projects during the last 7 years ending previous day of last date of submission of tenders as prescribed below;


Or

Two similar completed works of order value each not less than Rs. 49.5 Cr

Or One similar completed work of order value not less than Rs. 66 Cr

Here "Similar work" refers to Construction of Irrigation projects (including Canals Earthwork & CC Lining, Canal Structures such as CD Work, Bridges, Regulators, Falls, etc.) or River Structures such as weir, barrage, etc. (Completion Certificate of Executed works need to be enclosed along with work order/agreement as proof of completion)

The purpose of this NIT is to provide interested parties with information to assist the preparation of their bid. While WAPCOS Limited has taken due care in the preparation of the information contained herein, and believe it to be complete and accurate, neither it nor any of its authorities or agencies nor any of its respective officers, employees, agents or advisors give any warranty or make any representations, expressed or implied as to the completeness or accuracy

Page 7 of 73

of the information contained in this document or any information which may be provided in association with it.

Further, WAPCOS Limited does not claim that the information is exhaustive. Respondents to this NIT are required to make their own inquiries/ surveys and will be required to confirm, in writing, that they have done so and they did not rely solely on the information in NIT. WAPCOS Limited is not responsible if no due diligence is performed by the Respondents.

WAPCOS Limited, reserves the right not to proceed with the Project at site or to change the configuration of the Project, to alter the time-table reflected in this document or to change the process or procedure to be applied. It also reserves the right to decline to discuss the Project further with any respondent.

The Employer reserves the right, without being liable for any damages or obligation to inform the bidder, to:

A) Amend the scope and value of contract to the bidder

B) Reject any or all the applications without assigning any reason.

No reimbursement of cost of any type or on any account will be paid to persons or entities submitting their Bid. 1. IMPORTANT POINTS

1.1 Bidder shall be an Indian organization/entity. 1.2 Bidder must not have been blacklisted or deregistered by any government agencies or

public sector undertaking. If so the same shall be brought to the notice of the Employer 1.3 All Bidders are hereby cautioned that Bids containing any deviation or reservation as

described in Clauses of “Instructions to Bidders” shall be considered as non- responsive and shall be summarily rejected.

1.4 WAPCOS Ltd. reserves the right to accept or reject any or all bids without assigning any reasons. No Bidder shall have any cause of action or claim against WAPCOS Ltd. for rejection of his Bid.

1.5 All designs and other information submitted in response to this NIT shall be the property of WAPCOS Limited and it shall be free to use the concept of the same at its will.

1.6 Joint Ventures are not allowed

1.7 WAPCOS, the Employer may appoint a third party inspection agency for quality inspection of works on periodical basis. The expenses for appointment of this agency shall be borne by Contractor.

Page 8 of 73

2. PREPARATION OF BID

2.1 Bidder’s responsibility

Bidder is solely responsible for the details of his Bid and the preparation of Bids. Bidder is expected to examine carefully all the contents of NIT document which

includes instructions, conditions, forms, terms, Employer’s Requirements etc. and take them fully into account before submitting his offer. Bids, which do not satisfy all the requirements, as detailed in these documents, are liable to be rejected as being unresponsive.

The Bidder shall be deemed to have inspected the Site and its surroundings and taken into account all relevant factors pertaining to the Site, while preparing and submitting the bid.

WAPCOS will provide the Basic Details of the Project to the successful bidder.

2.2 Project Inspection and Site Visit

Any Site information given in this NIT is for guidance only. The Bidder is advised to visit and

examine the Site of works and its surroundings at his/their cost and obtain at his/their own responsibility, any information that may consider necessary for preparing the Bid and entering into a Contract with the Employer, including availability of electricity, water and drainage, where applicable

WAPCOS Ltd. shall not be liable for such costs, regardless the outcome of the selection process.

For and on behalf of WAPCOS LIMITED

Page 9 of 73

TENDER DOCUMENT FOR


Jharkhand and Bihar



Section II- INSTRUCTIONS TO BIDDER

Tele: +91-124-2348021,

Email: [email protected],


Page 10 of 73

SECTION–II

INSTRUCTIONS TO BIDDER

1) Purpose:-

It is the purpose of these instructions to serve as a guide to Bidders for preparing offer for carrying out the Project.

2) In case of discrepancy between quoted rate and amount, rate shall prevail.

3) a) Submission of a tender by a tenderer implies that he has read this notice and all other

Tender Documents and has made himself aware of the scope and the specifications, Drawings of the work to be done and of conditions of contract and local conditions and other factors having bearings on the execution of the work.

b) While all efforts have been made to avoid errors in the drafting of the tender documents, the Bidder is advised to check the same carefully. No claim on account of any errors detected in the tender documents shall be entertained.

c) WAPCOS Limited desires that the bidders, suppliers, and Sub-contractors under the Project, observe the highest standard of ethics during the performance, procurement and execution of such contracts. In pursuance of this requirement, WAPCOS Limited:

Defines, for the purposes of this provision, the terms set forth below:

I. “Corrupt Practice” means the offering, giving, receiving, or soliciting, directly or indirectly, anything of value to influence improperly the actions of another party

II. “Fraudulent Practice” means any act of submission of forged documentation, or

omission, including a misrepresentation, that knowingly or recklessly misleads, or attempts to mislead, a party to obtain a financial or other benefit or to avoid an obligation, or to succeed in a competitive bidding process;

III. “Coercive Practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of the party to influence improperly the actions of a party;

IV. “Collusive Practice” means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party.

Will reject the award of Contract, even at a later stage, if it determines that the bidder recommended/ selected for award/awarded has, directly or through an agent, engaged in Corrupt, Fraudulent, Collusive, Or Coercive Practices in competing for the Contract;

Will sanction a party or its successors, including declaring ineligible, either indefinitely or for a stated period of time, to participate in any further bidding/ procurement proceedings

Page 11 of 73

under the Project, if it at any time determines that the party has, directly or through an agent, engaged in Corrupt, Fraudulent, Collusive, Or Coercive Practices in competing for, or in executing, the contract; and will sign an Integrity Pact, w.r.t the selected Tenderer.

Will have the right to require the bidders, or its suppliers, contractors and consultants to permit WAPCOS Limited to inspect their accounts and records and other documents relating to the bid submission and contract performance and to have them audited by auditors appointed by WAPCOS Limited at the cost of the bidders.

The Bidder must obtain for himself on his own responsibility and at his own expenses all the information which may be necessary for the purpose of making a bid and for entering into a contract, must inspect the sites of the work, acquaint himself with all local conditions, means of access to the work, nature of the work and all matters pertaining thereto. WAPCOS Limited will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process.

d) Each page of the Tender documents should be stamped and signed by the person or persons submitting the Tender in token of his/their having acquainted himself/ themselves and accepted the entire tender documents including various conditions of contract. Any Bid with any of the Documents not so signed is liable to be rejected at the discretion of WAPCOS Limited. The signatures shall be in blue ink.

e) The tender prepared by the Bidder and all correspondence and documents relating to the tender exchanged between the Bidder and WAPCOS Limited shall be in the English language.

f) The bidder shall attach the original authorization letter/power of Attorney as the proof. The contract shall be governed by General Conditions for Contract (GCC), Special Conditions of Contract, Technical Specification (TS), addendum / clarification / corrigendum etc. and all other relevant conditions on the tender documents. The Bidders are expected to carefully examine all the contents of the tender documents including instructions, conditions, terms, and specifications, if required, from WAPCOS Limited and take them fully into account before submitting their offer.

g) Failure to comply with the requirements as detailed in these documents shall be at the Bidder’s own risk. Bidders which are not responsive to the requirements of the tender documents will be rejected.

h) All Bidders are hereby explicitly informed that conditional offers or offers with deviations from the conditions of Contract, the bids not meeting the minimum eligibility criteria, Technical Bids not accompanied with EMD of requisite amount in acceptable format, Bids in altered/modified formats, or in deviation with any other requirements stipulated in the tender documents are liable to be rejected.

i) The Bid submitted on behalf of a Firm shall be signed by all the Partners of the Firm or by a Partner who has the necessary authority on behalf of the Firm to enter into the proposed contract. Otherwise, the bid is liable to be rejected by WAPCOS Limited.

j) The bidders are expected to meet the minimum eligibility criteria as given in the Section-III to participate in this tender. WAPCOS Limited will reject the Bids that do

Page 12 of 73

not meet the minimum eligibility criteria as laid down, based on their submission along with the tender documents, even after the bid opening process is concluded.

k) The bidders shall not tamper or modify any part of the tender documents in any manner. In case in part of the bid is found to be tampered or modified at any stage, the bids are liable to be rejected, the contract is liable to be terminated and the full earnest deposit/retention money/performance guarantee will be forfeited and the bidder will be liable to be banned from doing any business with WAPCOS Limited.

l) Incomplete Price bid shall be liable to be rejected, at the discretion of WAPCOS Limited. The total bid price shall cover the entire scope of works covered in the tender.

4) Procedure for submission of bid: EMD – EMD Amount of Rs. 1,65,00,000/- (Rupees One Crore and sixty five lakhs Only) will have to be deposited in shape of FDR in favor of WAPCOS limited from a Nationalized/Scheduled Bank payable at Gurgaon/Delhi. A part of Earnest money is acceptable in the form of Bank Guarantee also. In such case Earnest money of Rs. 20,00,000/- (Rupees Twenty lakhs Only) will have to deposited in shape of FDR in favor of WAPCOS limited from a Nationalized/ Scheduled Bank payable at Gurgaon/Delhi and balance Rs. 1,45,00,000/- (Rupees One Crore and forty five lakhs Only) in shape of irrevocable bank Guarantee from Nationalized/ Scheduled Bank in favor of WAPCOS Ltd. BG Shall be valid for minimum 180 days from the last date of submission of tender as per format enclosed. EMD is exempted for MSMEs (Micro, small & medium Enterprises)/ NSIC (The National Small Industries Corporation Limited) on submission of valid proof in place of EMD at the required date & time.

i) The offer of the bidder may not be considered for further evaluation, if the EMD is not submitted in the form and manner as stated above and their offer is liable to be rejected.

ii) The EMD of unsuccessful tenderer(s) will be returned to latest on or before the 30th day after the award of Contract. The Earnest Money deposit submitted by the successful tenderer shall be retained by WAPCOS Limited until the Performance Bank Guarantee (PBG) is submitted. The successful Tenderer shall accept the LOI within 3 (Three) days from receipt of the same, failing which the EMD shall be forfeited and the award of work may be liable to be cancelled.

iii) If any tenderer withdraws or make any changes in his offer already submitted before the expiry of the above validity period or any extension thereof without the written consent of the company, the EMD amount will be forfeited for such act of the tenderer.

iv) WAPCOS Limited reserves the right of forfeiture of Earnest Money deposit (EMD) in case of the successful tenderer.

a) After opening of Tender, revokes his tender within the validity period or increases his earlier quoted rates.

b) Does not commence the work within the period as per LOI/Contract. In case

Page 13 of 73

the LOI/Contract is silent in this regard then within 15 days after award of contract. c) EMD shall not carry any interest.

5) WAPCOS Limited reserves the right to reject any or all the bids or to cancel the Tender, without assigning any reason(s) whatsoever.

6) The contents of the TECHNICAL BID and FINANCIAL BID are as mentioned below:

CONTENTS OF TECHNICAL BID

The Technical Bid, clearly labeled as “TECHNICAL BID”, has to be submitted. It shall consist of information for responsiveness and other information about Bidders, as required under Tender document.

(a) Technical bid shall comprise the followings:

i. Bidder’s covering letter of offer.

ii. Signed & stamped NIT documents (comprising of total documents-all pages) including documents related to Qualifying criteria as per SECTION-III of the Tender Document.

iii. “No Deviation Certificate” in prescribed format in Bidder’s Letter Head. iv. Earnest Money Deposit v. No information relating to financial terms of services should be included in the

technical bid. Bids are to be submitted to determine that the bidder has a full comprehension of the tendered work. Where a bidder technical submittal is found non- compliant with the requirement or work, it may be rejected. This process is to assure that only technical acceptable bids are considered for the tendered work.

vi. Constitution & Legal Status along with attested copies of Deeds/Incorporation Certificate, Articles and Memorandum of Association etc. as Applicable.

vii. Power of Attorney in original in favor of the person signing the tender. In case the bidder is a joint venture, the members thereof should furnish a Power of Attorney in favor of the Lead member in the Format enclosed. In case the Bidder is a joint venture, joint Bidding agreement in the format enclosed shall be submitted by the Bidder.

viii. Details of Financial Status i.e. Name of the Banker & Current Solvency Certificate from the Banker in original for a sum of at least Rs. 33 Cr. Solvency Certificate shall have the date of issue after the date of publishing of NIT.

ix. The Construction agency should have liquid assets or availability of Credit facilities letter of credit/ Certificate from banks for amount not less than the equivalent of the estimated cash flow required per month during the construction period of the Project for meeting the monthly fund requirement.

x. Yearly sales Turnover and Audited Balance Sheet for Last 5 (Five) years ending on the financial year 2017-18. Year in which no turnover is shown would be considered for working out the average.

xi. The Bidder should not have incurred any loss (Profit after tax should be positive) in more than two years during the last Five financial years ending on the financial year 2017-18.

Page 14 of 73

xii. Copy of P.F, ESI and GST Registration Certificate xiii. PAN No. (With a copy) xiv. Name(s) of the Owner/Partners/Promoters and Directors of the firm / company. xv. Information on litigation history, liquidated damages, disqualification

etc. in Tenderer’s Letter Head.

xvi. Details of similar type of work executed indicating value of works in each contract

with self-attested documentary evidence such as copy/copies of completion Certificate(s) along- with LOI(s)/W.O(s) from respective Owner(s)/Client(s) mentioning name and nature of work(s), date(s) of commencement and value(s) of the job(s) executed during last Seven years.

xvii. Programme of Works, a comprehensive Project implementation Program with list of activities, timelines and milestones. A detailed overall activity chart indicating the duration and timing of all major activities.

CONTENTS OF FINANCIAL BID

The Financial Bid, clearly labeled as “FINANCIAL BID” should be submitted in the Quoting Sheet (format prescribed). The Percentage (%) rate quoted for the contract shall be inclusive of all charges, except GST @12% as indicated in the Price Schedule. GST as applicable shall be paid on submission of proof and Bill shall be accepted only after Bill is uploaded at GST Portal, subject to receipt of the same by Employer on back to back terms.

Cost of Bidding

The Bidder shall bear all costs associated with the preparation and submission of the Bid as well as costs associated for facilitating the evaluation. WAPCOS Limited shall in no case be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

Language of Bid

The Bid and all related correspondence and documents relating to the Project shall be in English language only. Supporting documents and printed literature furnished by the Bidder may be in another language provided they are accompanied by an accurate English translation which shall be certified by a qualified translator. Any material that is submitted in a language other than English and which is not accompanied by an accurate English translation will not be considered.

Currency of Bid

Bid prices shall be quoted in Indian Rupees.

Outermost cover:

It shall be superscribed with offer for “Name of the Project” (WAP/ INFRA./NK/RMC(P2)/2019) and shall be addressed to “The General Manager (Infra.), Room No. C- 12, WAPCOS Limited 76-C, Sector-18, Institutional Area, Gurgaon - 122015 (Haryana)” and should reach this

Page 15 of 73

office as mentioned above on or before 20.06.2019 up to 3.00 P.M

Due date of submission shall be written on all the covers/envelopes of the bid without fail. Bids received after the due date and time shall not be accepted.

Telegraphic or Fax or E-Mail offers shall not be accepted under any circumstances.

7) Tender submitted by tenderer shall remain valid for acceptance for a period of 120 days from the date set for submission of the tender. The tenderer shall not be entitled within the said period of 120 days to revoke or cancel or vary the tender given or any item thereof. In case tenderer revokes or cancels or varies his tender in any manner without the consent of WAPCOS Limited, within this period, his earnest money will be forfeited.

Price Bids of those Bidders who will be technically qualified for the subject job on the basis of evaluation of technical bids, will be opened on specified date. The date & time to open the price bid (Part-II) shall be intimated to the bidders and in such a case, one representative of the bidder shall be allowed to attend. WAPCOS’s decision in this regard is final & binding. The lowest Financial Bid so opened shall be awarded the work (L-1 Bidder).

Acceptance of WAPCOS LTD. is a prerequisite for consideration of Bidder’s offer for this contract. Accordingly, Bidder(s) not acceptable to WAPCOS LTD. shall not be considered and shall be rejected by WAPCOS Limited and no correspondence and claim etc. from the Bidder in pursuant to the Tender shall be entertained by WAPCOS Limited under any circumstances whatsoever

8) Special instructions to Bidders for e-Tendering

Digital Certificates

For integrity of data and authenticity/ non-repudiation of electronic records, and to be compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

Page 16 of 73

Bidder’s guide for WAPCOS portal:

1. Use Internet Explorer to go to https://www.mstcecommerce.com/eprochome/wapcos

2. On the right side of the page click on Register as a Vendor:

Page 17 of 73

3. Fill the form that appears to create username and password.

4. Once the registration is done, login with your user name and password:

5. System will ask you to verify your digital signature

Page 18 of 73

6. Press Ok and select your digital signature from the List:

7. Your digital signature will be verified

8. Once login is complete, a bidder can access My Menu through the left side of the page:

9. Here click on Download NIT/Corrigendum button to download the NIT/Corrigendums.

Select Event number and click on download to download the files:

Page 19 of 73

10. To submit the bid a bidder can proceed to Bid Floor through the left side My menu. In Bid

Floor click on live events to view a list of Live events. In live events select the tender

number where you wish to submit a bid.

11. On clicking the event number, if the bidder has not paid transaction fee, system will prompt

them to pay the transaction fee. They can pay the transaction fee by going to Transaction

Fee payment link in their login, and pay the same through online payment (debit card,

credit card, net banking etc) or RTGS/NEFT (Challan).

12. Tender can be of multiple types with price bid uploading in Excel or Technical-Price type.

The bid floor for each type of event will change automatically.

On clicking the tender number one of the following screens will appear:

For 2 cover with price bid in excel

Page 20 of 73

E-Tender Technical Cum Price Bid

13. For each type of event the event details including start time and close time the details will

be given on the top of the page.

14. To submit the tender the bidder has to start from top left and submit the details one by

one.

15. For 2 cover with price bid in excel, the bidder has to submit technical bid, by filling the

details and clicking the save button.

a) After the technical bid is saved, a bidder can proceed to uploading documents through the

link upload docs:

b) Please note that under no circumstance the price bid excel has to be uploaded here.

c) After the documents have been uploaded, the bidder can click on download excel to

download the excel format.

d) Fill up the excel sheet as per the details given therein and tender document.

Page 21 of 73

e) To upload the filled up excel click on Upload Price Button, click on browse to select the file

and then click on Upload and Save encrypt file.

f) The bidder can then click on final submit to finally submit the bid. In case of any

amendments after final submit, click on delete bid button to delete the techno-commercial

and price bids and resubmit the same. Please note that at the end the bid must be final

submit, otherwise the same will not be considered.

16. For E-Tender Technical Cum Price Bid:

a) In the manner similar to above the bidder has to fill up Common terms, then press save

button to submit.

b) Then the bidder has to upload documents as per the list shown therein.

c) Once the documents are uploaded the bidder has to submit the Technical and Price

bids.

d) The bidder can then click on final submit to finally submit the bid. In case of any

amendments after final submit, click on delete bid button to delete the techno-

commercial and price bids and resubmit the same. Please note that at the end the bid

must be final submit, otherwise the same will not be considered.

Bidder’s may note that in each case using the Delete bid button will only delete the bids and then

the bidder can resubmit upto tender closing time.

Using the withdraw button the bid will be withdrawn and the bidder will not be allowed to submit

any further bid in that event.

For any assistance during bid submission, system settings etc. bidders may contact at MSTC: Phone Number:- 03322901004, 01123212357, 01123215163, 01123217850 Email :- [email protected] Please mention “Helpdesk” as subject while sending emails Availability :- 10 AM to 5:30 PM on all working days.

For any assistance regarding the Tender Document and/or term and conditions the bidders may

contact at WAPCOS:

Page 22 of 73

WAPCOS Contact

WAPCOS Contact Person Sanjay Sharma General Manager (Infra.)

Telephone/ Mobile +91-124-2348021

E-mail ID [email protected]

For & on behalf of Tenderer

Page 23 of 73

TENDER DOCUMENT FOR


Jharkhand and Bihar



Section III- QUALIFYING CRITERIA

Tele: +91-124-2348021, Email: [email protected], Website: www.wapcos.co.in

Page 24 of 73

SECTION-III

QUALIFYING CRITERIA

Qualifying Criteria for participating in the Tender for “Name of the Project”

TENDER NO: WAP/ INFRA./NK/RMC(P2)/2019

The Tenderer who wish to participate in the Tender shall fulfill the following Qualifying Criteria.

1) Qualifying Criteria for participation in Tender:-

Bids may be submitted by a contractor.

a) The contractor should have the expertise and experience to provide turnkey solution for similar work.

b) The contractor should have a solvency of at least Rs. 33 Cr in order to fund the project till the time the invoices get paid. The bidder shall provide a solvency certificate from the Bank in original issued after publishing date of NIT.

c) The Bidder should not have incurred any loss (Profit after tax should be positive) in more than two years during the last Five financial years ending on the financial year 2017-18.

d) The contractor should have minimum annual average turnover of Rs. 41 Cr during the last 3 years. The bidder shall furnish a certified copy of audited financial statements in support of the claim.

e) The contractor should also have successfully completed during last Seven years ending previous day of last date of submission of tenders of minimum values specified herein below:


Or

Two similar completed works of order value each not less than Rs. 49.5 Cr

Or One similar completed work of order value not less than Rs. 66 Cr

f) The value of executed works shall be brought to current costing level by enhancing the

actual value of work at simple rate of 7% per annum; calculated from the date of completion to previous day of last date of submission of tenders.

g) LOI / WO and relevant Completion certificate or any other documents to substantiate the

Page 25 of 73

above nature as well as value of work. h) Copy of PAN, PF and GST Registration Certificate to be submitted.

Note for Clause 1 (e) above:

Here "Similar work" refers to Construction of Irrigation projects (including Canals Earthwork & CC Lining, Canal Structures such as CD Work, Bridges, Regulators, Falls, etc.) or River Structures such as weir, barrage, etc. (Completion Certificate of Executed works need to be enclosed along with work order/agreement as proof of completion)

2) The company reserves the right to waive minor deviations if they do not materially affect the capability of the Tenderer to perform the contract.

3) BID Capacity: The Bidder who interalia meet the minimum qualification criteria will be qualified only if their available Bid Capacity is more than the Total Tendered Value. The available Bid Capacity will be calculated as per following based on information mentioned enclosed in the Bid Format for Bid Capacity.

Assessed available Bid Capacity =(A*N*2-B), Where

N= Number of years prescribed for completion of work for which Bid is invited

A= Maximum value of civil engineering works in respect of projects executed in any one year during the last five years (updated to the price level of the year indicated in table below under note) taking into account the completed as well as works in progress. The Projects include turnkey project/item rate contract/ Construction works.

B = Value (updated to the price level of the year indicated in table below under note) of existing commitments and on-going works to be completed during the period of completion of the works for which BID is invited.

Note-1: The Statement showing the value of all existing commitments and ongoing works as well as the stipulated period of completion remaining for each of the works listed should be countersigned by the Client or its Engineer-in-charge not below the rank of Executive Engineer or equivalent in respect of Projects or Concessionaire / Authorised Signatory of SPV in respect of BOT Projects and verified by Statutory Auditor. The factor for the year for up-dation to the price level is indicated as under:

Year Year-1 Year-2 Year-3 Year-4 Year-5

Up-dation 1.00 1.05 1.10 1.1 1.20

For & on behalf of Tenderer

Page 26 of 73

TENDER DOCUMENT FOR


Jharkhand and Bihar



Section IV- SCOPE OF WORK


Page 27 of 73

SECTION IV

CONDITIONS OF PARTICULAR APPLICATION

1) The instructions to the Bidders for submission of Tender are enclosed. This Tender is being invited by WAPCOS Limited on behalf of Ministry of Water Resources, River Development and Ganga Rejuvenation (MoWR, RD & GR) for executing a part of the work for the subject job as per enclosed Scope of Work.

2) All terms & conditions namely General Conditions of Contract, Special Conditions of Contract, Technical Specification, Corrigendum/Amendments/Clarification, if any incorporated with this bidding document applicable to WAPCOS Limited shall also be binding and construe as part of this tender document unless amended/altered or clarified specifically here-in and such additional stipulation/clarification shall have an overriding effect over Scope of work, General Conditions of Contract, Special Conditions of Contract, Technical Specification, Corrigendum/ Amendments/ Clarification etc.

SCOPE OF WORK

1.1 BACKGROUND

The North Koel Project was conceived in late 60’s by Irrigation Department Government of Bihar and the administrative approval was accorded in the year 1970. The construction of the project was taken up in 1973-74. The main components of the project are:

A 67.86 m high and 343m long concrete dam near village Kutku (Mandal) in Barwadih Block of Latehar District in Jharkhand on river North Koel. A tributary of river Sone to store 1.16 Lakh ha.m. (1160 MCM) of water.

A 819.60m long barrage at Mohammadganj 97 Km downstream of the dam in Garhwa district in Jharkhand.

Two canals originate from left and right banks of Mohammadganj barrage with distribution system for irrigating land in old Palamau and Garhwa districts of Jharkhand and Aurangabad and Gaya district of Bihar.

After bifurcation of Bihar in November 2000 the head works i.e. dam and power house now lies in Jharkhand. Also the entire length 11.89 Km of left bank canal with a capacity of 1.64 cumec which is irrigating area in Garhwa district in Jharkhand which off takes from barrage. However the right canal named as North Koel Main canal which off takes from Mohammadganj Barrage located 96 Km downstream of dam having a total length of 109.09 Km with a capacity of 84.15 cumecs at head and 6.58cumecs in the tail reach. Out of the 109.09 Km, a length of 31.40 Km falls in the Administrative Jurisdiction of Jharkhand with an irrigation potential of 12470 Ha and remaining 77.69 km falls in Bihar with a total irrigation potential of 111521 Ha.

The canal was initially lined with concrete block having a bed width of 6.1 m at head and 0.305m in tail reach and with a depth of 4.115m at head and 1.98m at tail.

Page 28 of 73

1.2 RIGHT MAIN CANAL

At the time of initial design in 1975, the canal was lined as cement tile lining by adopting the coefficient of rugousity as 0.016 whereas as per IS 10430-2000 for PCC tiles the value of “n”

should be in between 0.018 to 0.020. Due to this reason the actual discharge capacity of the canal

works out as 67.5 cumecs (2406 cusecs) against the design discharge of 84.15 cumecs (2979 cusecs).

There are 213 numbers of various types of structures across the canal, out of which in 44 numbers of structures, there is excessive fluming and do not have adequate waterway causing afflux/ Head loss of about 8.5 m and the bridges also constructed with a no. of piers which also cause afflux/head loss. So, to restore the canal to its authorized discharge of 84.15 cumecs at head and 6.58 cumec at tail it was decided to line the canals with M15 cement concrete as new and remodeling of intervening structures which cause excessive head loss.

1.3 BRIEF DESCRIPTION OF WORK UNDER SCOPE OF CONTRACT

The scope of work of the contractor under this contract shall conduct/satisfy with all relevant survey, geo-investigations, availability of materials, design and drawings of all the works and provide install, erect, commission, operate and maintain all the working facilities including shipment and mobilization of material, equipment, machinery, personnel and labor requirement with the essential facilities required for the execution of works. The main scope of the work of the project under contract is as under:

1. Fixing of Distance marks and boundary pillars as per design and drawing approved.

2. Preparation of borrow areas, embankments by removing grass and jungle, bushes, etc.

3. Dismantling, removal and stacking of old tiles.

4. Earthwork excavation in filling and cutting and laying in layers including its compaction as per design profile of the section of the canal.

5. Providing CNS layer and Sand Layer as per IS Code, Design and Drawings.

6. Providing under drainage arrangement with porous concrete sleepers and wrapping with Geo- Synthetic Filter and GI/Steel Pipes and LDPE film.

7. Providing and laying lining with M15 concrete(100/75mm) with fully automatic Batching Plant, Transit Mixtures manufactured as per design and laying the same with pavers with PVC stop seal construction joints as per design and drawings.

8. Coping along the length of the lining with M10 including construction joints with M10 cement concrete.

9. Construction of catchwater drain and its lining from existing dismantled tiles as per requirement, design and drawings

10. Restoring the banks of the canal to its designed section as per design and drawings.

11. Renovation/Rehabilitation/ Construction of intervening Structures like Aqueduct, Cross Drainage Works, Cross Regulators, Bridge, etc. simultaneously with the construction of lining as per list enclosed.

12. The Contractor shall prepare the construction drawings and get them approved before execution of the work.

Page 29 of 73

List of Structures

S.No. Structure Type Structure RD (km) REMARKS

1 Aqueduct 18.560 Remodelling of the Structure to minimize Head

Loss

2 S.L.R.B 18.928 S.L.R. Bridge is proposed with no piers.

3 Cross Regulator 19.580 Remodelling of the Structure to minimize Head

Loss


Loss

5 D.L.R. B. OVER J.M.

ROAD 21.031 D.L.R. Bridge is proposed with no piers.

6 D.L.R.B 21.720 S.L.R. Bridge is proposed with no piers as actual

width at site is 4.16 metres.


Loss


9 D.L.R.B. OVER JAPLA

CHHATARPUR P.W.D ROAD

23.226 Skew D.L.R. Bridge is proposed with no piers.

10 Super Passage 24.600 Single Span is proposed with same trough

section without pier to minimise the head loss.

11 CART BRIDGE 25.110 D.L.R. Bridge is proposed with no piers.





14 S.L.R.B. 25.954 S.L.R. Bridge is proposed with no piers.

15 D.L.R.B OVER JAPLA-

NABINAGAR D.B. ROAD

26.822 D.L.R. Bridge is proposed with no piers.


Loss


Loss

18 Cross Regulator 28.970 Remodelling of the Structure to minimize Head

Loss



20 CART BRIDGE 30.029 S.L.R. Bridge is proposed with no piers.


Page 30 of 73

Annexure- I

NORTH KOEL RESERVOIR PROJECT

SALIENT FEATURES

LOCATION OF DAM

Near Kutku Village, Palamu District, Jharkhand (Latitude - 23° 40 ' 30" N , Longitude - 83° 59' 00" E)

LOCATION OF BARRAGE

96 Km Downstream of Dam site near village Mohammadganj (10 km upstream of Confluence of Koel River and Sone River)(Latitude-24°24’20’’N, Longitude-83°21’0’’E)

SOURCE OF WATER

North Koel River

S.No.

Description

Unit

Last Designed

Proposed

I

Offtake Point

From Mohammadganj

Barrage Right Side

From Mohammadganj

Barrage Right Side

II Data of Head Regulator

1.Design Pond Level in Barrage

m

148.17

148.17

2.Crest Level m 145.87 145.87 3.Clear Waterway m 6.4*3=19.2 6.4*3=19.2

4.Length of Head Regulator m 22.365 22.365

III Data of NKMC

1 Year of Construction - 1975-76

2 Discharge at head cumecs 84.15 84.15

3 Full supply level at head m 147.75 147.98

4 Bed level of canal at head m 143.64 143.64

5 Depth of water at F.S.L m 4.115 4.34

6 Bed Slope - 1 in 7000 1 in 7000

7 Type of Lining - CC Tile lining Complete New Lining

8 Thickness of Lining mm 60 100/75 (as per IS 3873:1993)

9 Thickness of CNS mm 200-600 750 (as per IS 9451:1994)

10 Rugousity Factor - 0.016 0.018 (as per IS 10430:2000)

11 Width at Head m 6.096 6.096

Page 31 of 73

12 Free Board

m

0.762 0.75/0.6 (as per IS

10430:2000)

13 Velocity m/s 1.395 1.29

14 Vₒ m/s 1.35 1.407

15 CVR - 1.03 0.92

16 Bank Width(Inspection) m - (As per IS 10430:2000) • For Discharge ≥ 30 cumecs: 6m +dowel • For Discharge between 10 to 30 cumecs: 5m +dowel • For Discharge between 3 to 10 cumecs: 4m +dowel

17 Bank Width (Non Inspection)

m

- (As per IS 10430:2000) • For Discharge ≥ 30 cumecs: 5 m • For Discharge between 10 to 30 cumecs: 4 m • For Discharge between 3 to 10 cumecs: 2.5 m

18 Total Length of Canal km 109.09 109.09

i)Length In Jharkhand km 31.4 31.4

ii)Length In Bihar km 77.69 77.69

IV No. of Direct Offtakes No. 35 35

V Length of Distributaries and Minor

km 593.11 Existing (as per Survey) 539.32

km - New Minors to be constructed: 49.41

km

- New Sub-Minors to be

constructed: 1050

VI Location of Tail

1.Discharge at Tail cumecs 6.58 6.58

1.FSL at Tail m 131.71 131.804

2.Bed Level at Tail m 129.74 129.729

VII Irrigation Potential

1.Kharif Ha 73800 90000

2.Rabi Ha 30900 21521

Total Ha 104700 111521

VIII GCA Ha 149571 149571

IX Duty Acre/Cusecs 98 98 Page 32 of 73

.

Notwithstanding the Employer has provided certain information, the scope of work shall include obtaining necessary approvals during Construction Stage which are required for the completion of the project. The bidder shall be responsible right through the entire duration of the Project for execution of all works from the conception till commissioning and handing over of the Project complete with all respects ready to use and shall remove all defects, if any, developed during Defects Liability Period (DLP).

The Bidder shall visit the site and collect whatever information he may require before submission of bid at their own cost.

The Contractor shall be responsible for all surveys, investigations, design and drawings. The Contractor shall also provide detailed construction drawings for approval before proceeding with the Construction work.

The responsibility of the Bidder shall include carrying out all the activities for the completion of the Project which generally shall include the following and any additional activities incidental to these:-

The contactor should verify himself the land for disposal before bidding. However, it is clear

from the quantity Abstract of earth work that 99% earth work is in cutting and only 1% earthwork is in filling. As per site conditions the disposal of earth can be made as per specifications duly dressed on the existing spoil banks.

As the canal is in existence and its lining is to be relayed as new, therefore no environmental clearance is required. However the contractor shall comply with all the Environmental norms during the construction period.

The canal is in existence; presently no forest clearance is required. However the contractor should inspect the site before bidding.

The land is already under possession of the department and the canal is already in existence. However any land required out of the canal boundary for the storage of material, machinery, site establishment, diversion etc. has to be arranged by the contractor at his own cost.

The Borrow area for the use of borrow materials for construction i.e. location, area, classification of materials is to be identified by the contractor and shall provide its testing reports before use as construction material. In case the lead is more than provided in the BOQ nothing will be paid extra. However if the lead is less than the BOQ, then a proportionate rate will be deducted.

The contactor should verify himself that all Statutory clearance are already completed before bidding.

The Contractor shall be responsible for providing plant, equipment, materials and labour for the provision of all necessary Permanent/Temporary Works, site installations and services required for the realisation of the Works under this Contract.

The Contractor shall design, furnish, set-up, maintain and operate at the Site all Permanent/Temporary Works, site installations and Contractor's Equipment for his own use, or required by the Contractor, including camps, workshops, warehouses, storage and assembly areas, all machinery, vehicles, scaffolding, equipment, water and power supply, etc.

Permanent/Temporary Works and services provided and operated by a Contractor for

Page 33 of 73

his own use as well as for that of the Employer shall conform to the applicable Indian laws, regulations, standards, codes and sanitary requirements stipulated for such purpose. In addition, they shall comply fully with all Indian laws and regulations relating with environmental protection, mitigating measures for reducing environmental impacts and remedial works on completion of the Works.

The design, construction, operation and maintenance of a Contractor's Permanent/Temporary Works and services may be subject to inspection by the Employer.

All plants, camp facilities, installations and services provided by a Contractor for his own use as well as for that of the Employer's wherever applicable shall at all times remain his property, except when otherwise specified hereinafter. Should, after the Completion of Contract, the Contractor will transfer the developed amenities to Employer after operation and maintenance in a good working condition.

Handing over of the Infrastructures in good working condition with all relevant documents such as as-built drawings, physical & operational condition of the assets, Project Completion Report, O&M manual, periodical reports along with soft copy to employer.

The Permanent/Temporary site roads which a Contractor shall construct, and maintain required for the various working areas, camps, and facilities and other Permanent/Temporary works.

Any other facility and / or Infrastructures that may be required by the Contractor or Employer shall be proposed by the Contractor along with detailed design / drawings for the approval of Employer. All infrastructures existing prior to the award of work or constructed by the Contractor shall be properly maintained in a good condition and may be upgraded as per the requirements of Employer.

Within 14 days from the date of issue of the Letter of Acceptance, the Contractor shall submit to the Employer updated layout drawings showing, at adequate scale, the locations and arrangement of all his Permanent/Temporary Works and facilities. These drawings shall be consistent with the plan submitted by the Contractor with his Tender, as well as, with any amendments and additions subsequently agreed to by the Employer and the Contractor; and shall include:

a) Camps for Contractor's employees, b) Water supply, sewerage, sewage treatment and disposal, power supply

and illumination, telephone service, etc.

c) Permanent/Temporary road works, including public road diversions.

The Contractor shall forthwith comply with and duly execute any work comprised in such WAPCOS Limited’s instructions, provided always that verbal instructions, directions and explanations given to the Contractor or his representative upon the works by WAPCOS Limited shall if involving a variation be confirmed in writing to the Contractor/s within seven days. No works, for which rates are not specifically mentioned in the priced schedule or quantities, shall be taken up without written permission of WAPCOS Limited. Rates of items not mentioned in the priced Schedule of Quantities shall be fixed by WAPCOS Limited as provided in the corresponding clauses of the tender document.

Regarding all factory made products for which ISI marked products are available, only products bearing ISI marking shall be used in the work. Other products should be supplied as per the brand name mentioned in the Technical Specifications and Special Conditions of

Page 34 of 73

Contract.

3) DEFINITIONS:

The following words and expressions shall have the meanings hereby assigned to them.

a. “Client/Employer” shall mean “WAPCOS Limited”, a Government of India undertaking- Ministry of Water Resources, River Development & Ganga Rejuvenation for execution of the Project having their Corporate office at 76-C, Sector-18, Institutional Area, Gurgaon-122015, Haryana, India & include their successors & permitted assigns as well as their authorized officer / representatives.

b) The “COMPANY” shall mean WAPCOS Limited having its Corporate office at 76-C, Sector-18, Institutional Area, Gurgaon-122015(Haryana) and include their successors and permitted assigns as well as their authorized officers/ representatives.

c) The “Accepting Authority” shall mean the authority mentioned in the Instructions to Bidders of the Tender Document.

d) The ‘ENGINEER – IN - CHARGE” shall mean Engineering Officer appointed by WAPCOS Limited or his duly authorized representative who shall direct, supervise and be in charge of the works for the purpose of this contract.

e) “TENDERER/BIDDER” shall mean the firm/party who quotes against this Notice Inviting Tender.

f) “TENDERED VALUE” shall mean the sum accepted in this tender or the sum calculated in accordance with the prices accepted in this tender or the contract rates as payable to the Contractor by WAPCOS Limited for the entire execution and full completion of work with respect to scope of work of Contractor.

g) The “Contractor/Successful Bidder” shall mean the firm or company whose bid has been accepted by WAPCOS Limited and shall include legal representative or successors or permitted assigns of such firm or company as the case may be.

h) The "Contract" shall mean the Notice Inviting Tender, the tender and acceptance thereof and the formal agreements if any, executed between WAPCOS Limited and the Contractor together with documents referred to therein including their conditions with SECTION and any Special Conditions of Contract, the specifications, designs, drawings etc. All these documents taken together shall be deemed to form one contract and shall be complementary to one another.

i) "Contract Price" shall mean the sum accepted or the sum calculated in accordance with the prices accepted in tender or the contract rates as payable to the Contractor for the entire execution and full completion of work.

Page 35 of 73

j) "Site" or "Work Site" shall mean the site of the contract works and shall include the lands, buildings and other erection thereupon, or under, in or through which the works are to be executed or carried out and any other lands or places provided by WAPCOS Limited for the purpose of the contract. Words imparting the singular only also include the plural and vice-versa when the context requires. Words imparting persons include firms and Corporations and vice versa where the context requires.

k) “Specification” shall mean all directions, various technical specifications, provisions and requirement attached to this document/order, which pertain to the methods and manner of performing the work according to the quantities and qualities thereof as may be amplified or modified by the company during the performance of the contract. It shall also include the latest edition including all agenda/corrigenda or relevant Indian Standard Specifications & other relevant codes. In agenda/corrigenda or relevant Indian Standard Specifications & other relevant codes. In any dispute, the decision of the “Company” will be final.

l) “Consultant” shall mean any consultant nominated by the Company or by the Company’s client.

m) The “Period of Liability” in relation to the contract means the specified period from the date of Issue of completion certificate by the Company.

n) The “Appointing Authority” for the purpose of arbitration shall be the Chairman cum Managing Director of the Company or any other persons as designated by him.

o) The “Alteration/Variation Order” means an order given in writing by the Company to affect additions/alteration to or deletions from the scope of work.

p) “Letter of Intent (LOI)” shall mean an intimation by a letter to tenderer that the tender has been accepted in accordance with the provisions contained therein and shall be issued by the Chairman Cum Managing Director of the Company or his authorized representative.

4) PERFORMANCE GUARANTEE

1. The Successful Bidder shall within Ten (10) days of the acceptance of the LOI, execute a Performance Bank Guarantee as per contract, from a Nationalized/Scheduled Bank, for an amount equivalent to the 5% of the accepted Contract Value, which shall be kept valid for the entire period of work, i.e. till the issue of completion Certificate. The EMD of the successful Bidder shall be retained by WAPCOS Limited until the PBG is submitted.

Page 36 of 73

The Performance Bank Guarantee of the successful Bidder will be invoked and forfeited if he fails to comply with any of the conditions of contract.

2. The Contractor shall from time to time at the request of the WAPCOS Limited suitably

extend the validity of Performance Bank Guarantee as may from time to time be required by WAPCOS Limited, failing which, without prejudice to any other right or remedy available to WAPCOS Limited, WAPCOS Limited shall be entitled to encash the Bank Guarantee.

3. The Agency would be required to furnish an additional performance guarantee for an

amount equal to the difference between the Tendered Cost and the awarded value in case of bid amount lower than the Tendered Cost for a period valid till the date of validation of the Performance Guarantee.

Page 37 of 73

TENDER DOCUMENT FOR


Jharkhand and Bihar



BID FORMATS


Page 38 of 73

FORMAT OF COVERING LETTER

*To be submitted in Bidder’s Letter Head+

To,

The General Manager (Infra.) WAPCOS LTD. 76-C, Sector-18

Institutional Area,

Gurgaon-122015 (Haryana)

Subject: Name of the Project Tender No: WAP/ INFRA./NK/RMC(P2)/2019

Sir,

Having examined the details given in press notice and bids document for the above work, I/We hereby submit the relevant information.

1. I/we hereby certify that all the statement made and information supplied in the enclosed forms and accompanying statement is true and correct.

2. I/we have furnished all information and details necessary for eligibility and have no

further pertinent information to supply.

3. I/we submit the requisite certified solvency certificate and authorize the Chief Engineer

(Commercial), to approach the Bank issuing the solvency certificate to confirm the correctness thereof. I/we also authorize General Manager (Infra.) to approach individuals, employers, forms and corporation to verify our competence and general reputation.

4. I/we submit the following certificates in support of our suitability, technical knowledge

and capability for having successfully completed the following eligible similar works:

Name of Work Certificate form

Page 39 of 73

Certificate:

It is to certify that the information given in the enclosed eligibility bid is correct. It is also certified that I/we shall be liable to be debarred, disqualified/cancellation of enlistment in case any information furnished by me/us found to be incorrect. Enclosures:

Seal of bidder

Date of Submission: Signature(s) of Bidder(s)

Page 40 of 73

ORGANISATION SET UP: GENERAL INFORMATION OF BIDDER

1. a) Name: b) Country of incorporation c) Address of the corporate headquarters and its branch office(s): d) Date of incorporation and/ or commencement of business:

2. Brief description of the Bidder including details of its main lines of business and proposed role and responsibilities in this Project:

3. Details of individual(s) who will serve as the point of contact/ communication for the Employer:

(a) Name: (b) Designation: (c) Company: (d) Address: (e) Telephone Number: Landline: Mobile: (f) E-Mail Address: (g) Fax Number:

4. Particulars of the Authorized Signatory of the Bidder: (a) Name:

(b) Designation: (c) Address: (d) Phone Number: Landline: Mobile: (e) Fax Number:

5. In case of a Joint Venture: (a) The information above (1-4) should be provided for all the Members of the Joint Venture. (b) A copy of the Jt. Bidding Agreement should be attached to the Application. (c) Information regarding the role of each Member should be provided as per table below:

Sl. No.

Name of Member Role* Share of work in the Project

1.

2.

3.

(d) The following information shall also be provided for each Member of the Joint Venture:

Page 41 of 73

Name of Applicant/ member of Joint Venture:

No. Criteria Yes No

1. Has the Bidder/ constituent of the Joint Venture been barred by the [Central/ State] Government, or any entity controlled by it, from participating in any project

2 . If the answer to 1 is yes, does the bar subsist as on BID due date.

3 . Has the Bidder/ constituent of the Joint Venture paid liquidated damages of more than 5% of the contract value in a contract due to delay or has been penalized due to any other reason in relation to execution of a contract, in the last three years?

6. A statement by the Bidder and each of the Members of its Joint Venture (where applicable) disclosing material non-performance or contractual non- compliance in past projects, contractual disputes and litigation/ arbitration in the recent past is given below (Attach extra sheets, if necessary)

Name of Bidder/ member of Joint Venture:

No. Criteria 1st last year 2nd last

year

3rd last Year

1. If bidder have either failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial authority or a judicial pronouncement or arbitration award against the Bidder or any of its Joint Venture Member, as the case may be, or has been expelled from any project or contract by any public entity nor have had any contract terminated by any public entity for breach by such Bidder or any of its Joint Venture Member.

2. Updated details of stage of litigation, if so, against the Authority/ Governments on all the on-going projects of the bidder or any of its Joint Venture Member.

Page 42 of 73

3. Updated details of on-going process of blacklisting if so, under any contract with Authority / Government on the Bidder including any of its Joint Venture members.

Page 43 of 73

Information Required to Calculate the BID Capacity

1.To calculate the value of “A”

A table containing value of Civil Engineering Works in respect to Projects (Turnkey projects / Item rate contract/ Construction works) undertaken by the Bidder during the last 5 years is as follows:

Sl. No. Year Value of Civil Engg. Works

undertaken w.r.t. Projects (Rs. In Crores)

1 2017-18

2 2016-17

3 2015-16

4 2014-15

5 2013-14

Maximum value of projects that have been undertaken during the F.Y. out of the last 5 years and value thereof is Rs. Crores (Rupees ). Further, value updated to the price level of the year indicated in Appendix is as follows:

Rs. Crores x (Updation Factor as per Appendix) = Rs. Crores (Rupees )

…………………….. ………………………… …………………….. ………………………….

Authorised Signator

For and on behalf of ……………… (Name signatory) of the Bidder) Name of the Statutory Auditor’s firm

Seal of the audit firm: (Signature, name and designation and Membership No. of authorised Signatory

2. To calculate the value of “ B”

A table containing value of all the existing commitments and on-going workings to be completed during the next years is as follows:

Page 44 of 73

Sl. No.

Name of Project/W ork

Percentag e of participat ion of Bidder in the project

Dater of start / appointed date of project

Value of contract as per Agreemen t /LOA

Value of work comple ted

Balan ce

value of work to be complet ed

Anticipat ed date of completi on

Balance value

of work at 2017-18 price level

Rs. in Crore

Rs. in Crore

Rs. in Crore

Rs. in Crore

1 2 3 4 5 6 7= (5-6) 8 9 (3x 7 x #)

#

Updation Factor as given below:

For Year F.Y. / Calendar Year Updation Factor

1 2017-18 1.00

2 2016-17 1.05

3 2015-16 1.10

4 2014-15 1.15

5 2013-14 1.20

The Statement showing the value of all existing commitments and ongoing works as well as the stipulated period of completion remaining for each of the works mentioned above is verified from the certificate issued that has been countersigned by the Client or its Engineer-in-charge not below the rank of Executive Engineer or equivalent in respect of Projects or Concessionaire / Authorised Signatory of SPV in respect of BOT Projects. No awarded / ongoing works has been left in the aforesaid statement which has been awarded to M/s………………individually / and other member M/s ……………….. and M/s………………., as on due date of this tender.

…………………….. ………………………….

Authorised Signator For and on behalf of ……………… (Name signatory) of the Bidder)

Name of the Statutory Auditor’s firm

Seal of the audit firm: (Signature, name and designation and Membership No. of authorised Signatory

Page 45 of 73

Format for Power of Attorney

Know all men by these presents, We…………………………………………….. (name of the firm and address of the registered office) do hereby irrevocably constitute, nominate, appoint and authorise Mr/ Ms (name), …………………… son/daughter/wife of ……………………………… and presently residing at …………………., who is presently employed with us/ the Lead Member of our Joint Venture and holding the position of……………………………. , as our true and lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our BID for the Project ………………………………………………………………proposed or being developed by the ***** (the “Employer”) including but not limited to signing and submission of all applications, BIDs and other documents and writings, participate in Pre-BID and other conferences and providing information/ responses to the Authority, representing us in all matters before the Authority, signing and execution of all contracts including the agreement and undertakings consequent to acceptance of our BID, and generally dealing with the Authority in all matters in connection with or relating to or arising out of our BID for the said Project and/ or upon award thereof to us and/or until the entering into of the Contract with the Authority.

AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, ………………., THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ……… DAY OF …………. 2…..

For ………………………….. (Signature, name, designation and address) of person authorized by Board Resolution (in case of Firm/ Company)/ partner in case of partnership firm

Witness 1 2 Accepted …………………………… (Signature) (Name, Title and Address of the Attorney)

Page 46 of 73

(Notarised) Person identified by me/ personally appeared before me

Attested/ Authenticated* (*Notary to specify as applicable)

(Signature Name and Address of the Notary) Seal of the Notary

Registration No. of the Notary

Date:………………

Page 47 of 73

Format for Power of Attorney for Lead Member of Joint Venture

Whereas, …………………….., …………………….., and …………………….. (collectively the “Joint Venture”) being Members of the Joint Venture are interested in bidding for the Project in accordance with the terms and conditions of the Tender and other BID documents including agreement in respect of the Project, and Whereas, it is necessary for the Members of the Joint Venture to designate one of them as the Lead Member with all necessary power and authority to do for and on behalf of the Joint Venture, all acts, deeds and things as may be necessary in connection with the Joint Venture’s BID for the Project and its execution. NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS

We, …… having our registered office at ……., M/s. ….. having our registered office at …, M/s. … having our registered office at ….., and ….. having our registered office at ………, (hereinafter collectively referred to as the “Principals”) do hereby irrevocably designate, nominate, constitute, appoint and authorize M/S ……. having its registered office at ………., being one of the Members of the Joint Venture, as the Lead Member and true and lawful attorney of the Joint Venture (hereinafter referred to as the “Attorney”). We hereby irrevocably authorize the Attorney (with power to sub-delegate) to conduct all business for and on behalf of the Joint Venture and any one of us during the bidding process and, in the event the Joint Venture is awarded the contract, during the execution of the Project and in this regard, to do on our behalf and on behalf of the Joint Venture, all or any of such acts, deeds or things as are necessary or required or incidental to the qualification of the Joint Venture and submission of its BID for the Project, including but not limited to signing and submission of all applications, BIDs and other documents and writings, participate in pre BID and other conferences, respond to queries, submit information/ documents, sign and execute contracts and undertakings consequent to acceptance of the BID of the Joint Venture and generally to represent the Joint Venture in all its dealings with the Authority, and/ or any other Government Agency or any person, in all matters in connection with or relating to or arising out of the Joint Venture’s BID for the in all respect Project and/ or upon award thereof till the Contract is entered into with the Authority & Compelled.

AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts, deeds and things done or caused to be done by our said Attorney pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Attorney in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us/ Joint Venture.

IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS …………………. DAY OF ………. 2..…

For …………………….. (Signature) …………………..

For …………………….. (Signature) …………………..

For …………………….. (Signature) …………………..

(Name & Title) (Name & Title) (Name & Title)

Page 48 of 73

(Executants) (To be executed by all the Members of the Joint Venture)

Witnesses:

1.

2.

3.

Page 49 of 73

Format for Joint Bidding Agreement for Joint Venture (To be executed on Stamp paper of appropriate value)

THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of ………… 20…

AMONGST

1. {………… Limited, and having its registered office at ………… } (hereinafter referred to as the “First Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

A N D

2. {………… Limited, having its registered office at ………… } and (hereinafter referred to as the “Second Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

A N D

3. {………… Limited, and having its registered office at …………} (hereinafter referred to as the “Third Part” which expression shall, unless repugnant to the context include its successors and permitted assigns)

The above mentioned parties of the FIRST, {SECOND and THIRD} PART are collectively referred to as the “Parties” and each is individually referred to as a “Party”

WHEREAS,

A. WAPCOS Limited, having its registered office at 5th Floor, “Kailash”, 26, Kasturba Gandhi Marg, New Delhi-98001 (hereinafter referred to as the “Employer” which expression shall, unless repugnant to the context or meaning thereof, include its administrators, successors and assigns) has invited bids (the Bids”) by its Tender No. WAP/ INFRA./NK/RMC(P2)/2019 for award of contract for “………………………………………… “(the “Project”)

B. The Parties are interested in jointly bidding for the Project as members of a Joint Venture and in accordance with the terms and conditions of the NIT and other bid documents in respect of the Project, and

C. It is a necessary condition under the Bid document that the members of the Joint Venture shall enter into a Joint Bidding Agreement and furnish a copy thereof with the Application.

NOW IT IS HEREBY AGREED as follows:

1. Definitions and Interpretations

In this Agreement, the capitalised terms shall, unless the context otherwise requires, have the meaning ascribed thereto under the Tender document (NIT, GCC and Special Conditions of Contract)

Page 50 of 73

2. Joint Venture 2.1 The Parties do hereby irrevocably constitute a Joint Venture (the “Joint Venture”) for the purposes of jointly participating in the Bidding Process for the Project.

2.2 The Parties hereby undertake to participate in the Bidding Process only through this Joint Venture and not individually and/ or through any other Joint Venture constituted for this Project, either directly or indirectly.

3. Covenants The Parties hereby undertake that in the event the Joint Venture is declared the selected Bidder and awarded the Project, it shall enter into Contract with the Employer for performing all its obligations as the Contractor in terms of the Contract for the Project. 4. Role of the Parties The Parties hereby undertake to perform the roles and responsibilities as described below:

a) Party of the First Part shall be the Lead member of the Joint Venture and shall have the power of attorney from all Parties for conducting all business for and on behalf of the Joint Venture during the Bidding Process and until the Appointed Date under the Contract;

b) Party of the Second Part shall be {the Member of the Joint Venture; and}

c) Party of the Third Part shall be {the Member of the Joint Venture.}

5. Joint and Several Liabilities The Parties do hereby undertake to be jointly and severally responsible for all obligations and liabilities relating to the Project and in accordance with the terms of the Bid documents and the Contract, till such time as the completion of the Project is achieved under and in accordance with the Contract. 6. Share of work in the Project The Parties agree that the proportion of construction in the Contract to be allocated among the members shall be as follows: First Party: Second Party: {Third Party:}

Further, the Lead Member shall itself undertake and perform at least 50 (fifty) per cent of the total value of the project, if the Contract is allocated to the Joint Venture.

7. Representation of the Parties Each Party represents to the other Parties as of the date of this Agreement that:

a) Such Party is duly organised, validly existing and in good standing under the laws of its incorporation and has all requisite power and authority to enter into this Agreement;

b) The execution, delivery and performance by such Party of this Agreement has been authorised by all necessary and appropriate corporate or governmental action and a copy of the extract of the charter documents and board resolution/ power of attorney in favour of the

Page 51 of 73

person executing this Agreement for the delegation of power and authority to execute this Agreement on behalf of the Joint Venture Member is annexed to this Agreement, and will not, to the best of its knowledge:

i. Require any consent or approval not already obtained; ii. Violate any Applicable Law presently in effect and having applicability to it;

iii. Violate the memorandum and articles of association, by-laws or other applicable organizational documents thereof;

iv. Violate any clearance, permit, concession, grant, license or other governmental authorization, approval, judgment, order or decree or any mortgage agreement, indenture or any other instrument to which such Party is a party or by which such Party or any of its properties or assets are bound or that is otherwise applicable to such Party; or

v. Create or impose any liens, mortgages, pledges, claims, security interests, charges or Encumbrances or obligations to create a lien, charge, pledge, security interest, encumbrances or mortgage in or on the property of such Party, except for encumbrances that would not, individually or in the aggregate, have a material adverse effect on the financial condition or prospects or business of such Party so as to prevent such Party from fulfilling its obligations under this Agreement;

c) this Agreement is the legal and binding obligation of such Party, enforceable in accordance with its terms against it; and

d) there is no litigation pending or, to the best of such Party's knowledge, threatened to which it or any of its Affiliates is a party that presently affects or which would have a material adverse effect on the financial condition or prospects or business of such Party in the fulfillment of its obligations under this Agreement.

8. Termination

This Agreement shall be effective from the date hereof and shall continue in full force and effect until Project completion (the “Defects Liability Period”) is achieved under and in accordance with the Contract, in case the Project is awarded to the Joint Venture. However, in case the Joint Venture is either not pre-qualified for the

Project or does not get selected for award of the Project, the Agreement will stand terminated in case the Applicant is not qualified or upon return of the Bid Security by the Employer to the Bidder, as the case may be.

9. Miscellaneous

9.1 This Joint Bidding Agreement shall be governed by laws of {India}.

9.2 The Parties acknowledge and accept that this Agreement shall not be amended by the Parties without the prior written consent of the Authority.

IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED AND DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.

Page 52 of 73

SIGNED, SEALED AND DELIVERED For and on behalf of LEAD MEMBER by: SECOND PART THIRD PART

(Signature) (Name)

(Designation) (Address) In the presence of:

1………………. 2.............................

(Signature) (Name) (Designation) (Address)

(Signature) (Name) Designation) (Address)

Page 53 of 73

FORMAT FOR NO DEVIATION CERTIFICATE

*To be submitted on Bidder’s Letter Head+

To,

The General Manager (Infra.) WAPCOS LTD. 76-C, Sector-18

Institutional Area,

Gurgaon-122015 (Haryana)

Subject: No Deviation Certificate for “Name of the Project”

Tender No: WAP/ INFRA./NK/RMC(P2)/2019

Dear Sir,

With reference to above this is to confirm that as per Tender conditions we have visited site before submission of our Offer and noted the job content and site condition etc. We also confirm that we have not changed/modified, the above tender document and in case of observance of the same at any stage it shall be treated as null and void.

We hereby also confirm that we have not taken any deviation from Tender Clause together with other reference as enumerated in the above referred Notice Inviting Tender and we hereby convey our unqualified acceptance to all terms & conditions as stipulated in the Tender Document.

In the event of observance of any deviation in any part of our offer at a later date whether implicit or explicit, the deviations shall stand null and void.

Thanking you, Yours faithfully,

(Signature, date & Seal of Authorized representative of the Tenderer

Page 54 of 73

DECLARATION AGAINST CORRUPT OR FRAUDULENT PRACTICES

TO WHOM IT MAY CONCERN I / We hereby declare that I / We and any of my / our affiliates have neither been involved, nor have debarred by any Government/Multilateral funding agency for my / our involvement in any corrupt or fraudulent practices in any of my /our contractual (Supply/Services)/ construction activities.

I / We also confirm that if at any point of time, my / our involvement in any of my / our works as corrupt or fraudulent is proved to be true, my / our proposals for the work under the contract shall be treated as Non-Responsive.

Place: Date: Signature: Name: Seal

Page 55 of 73

SCHEDULE OF SUBMISSION OF CONSTRUCTION DRAWINGS / DOCUMENTS

The Tenderer shall list in this schedule all the Construction drawings / documents etc., to be supplied by him as also the date by which each of the drawings / documents etc., would be made available to the Employer.

S. No. Title of the Reference Date by which Remarks

Drawings / Documents

to specifications Clause, if any

shall be submitted

For M/s.

Signature

(By its constituted attorney)

(Seal)

Date

Place

Page 56 of 73

FORMATS

BANK GUARANTEE FORMAT FOR EMD

WHEREAS, M/s having their Registered/Head Office at (hereinafter called “the Bidder”) has submitted his Bid dated for the *hereinafter called “the Bid”+ to M/s WAPCOS Limited (hereinafter called the Employer)

KNOW ALL PEOPLE by these presents that we (name of the Bank) having our head office at (hereinafter called “the Bank”) are bound unto Employer in the sum of for which payment well and truly to be made to the Employer, the Bank binds itself, its successors and assigns by these presents.

SEALED with the Common Seal of the said Bank this .................. day of 2019. THE CONDITIONS of this obligation are:

(1) If after Bid opening the Bidder withdraws his bid during the period of Bid validity specified;

OR

(2) If the Bidder having been notified of the acceptance of his bid by - during the period of Bid Validity:

We undertake to pay to the up to the above amount upon

receipt of his first written demand, without the _having to substantiate his demand, provided that in his demand the will note that the amount claimed by him is due to him owing to the occurrence of one or any of the above mentioned two conditions and specify the occurred condition or conditions.

This Guarantee will remain in force up to and including the date

Page 57 of 73

after the deadline for submission of Bids as is stated in the instructions to Bidders or as it may be extended by the notice of which extension(s) to the Bank is hereby waived and notice to the bidder would constitute sufficient notice to the Bank. Any demand in respect of this guarantee should reach the Bank not later than the above date.

Notwithstanding anything contained herein

i) Liability under this guarantee shall not exceed

ii) This bank guarantee shall be valid upto and;

iii) Our liability to make payment shall arise and we are liable to pay the guaranteed amount or any part thereof under this guarantee only and only if you serve upon us a written claim or demand in terms of the guarantee on or before

(indicate a period 120 days after the date of submission of bid).

DATE SIGNATURE

.........................

................................... (Signature of Witness) SEAL ............................

Page 58 of 73

FORM OF ADVANCE PAYMENT GUARANTEE

M/s WAPCOS Limited,

76-C, Sector 18,

Gurgaon-122015

In consideration of WAPCOS LTD. (hereinafter referred to as "the Employer") which expression shall, unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to (Contractor’s name) with its Registered /Head Office at _(hereinafter referred to as "the Contractor “ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) a contract, by issue of Employer’s Notification of Award No. dt. and the same having been unequivocally accepted by the Contractor, resulting into a contract valued at Rs. (Rupees only) for (hereinafter called “ the contract”) and the Employer having agreed to make

an advance payment to the Contractor for performance of the above Contract amounting to Rs.

(Rupees only) as an advance against bank guarantee to be furnished by the Contractor.

We, _(name & address of bank) having its Head Office at

(hereinafter referred to as "the Bank" which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Employer immediately on demand any or, all monies payable by the Contractor to the extent of Rs. (Rupees _only) as aforesaid at any time upto without any demur,

reservation, contest , recourse or protest and/or without any reference to the Contractor. Any such demand made by the Employer on the bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. We agree that the Guarantee herein contained shall be irrevocable and shall continue to be enforceable till the Employer discharges this guarantee. We further agree that no change in the constitution of the Bank or of the Employer shall affect this guarantee.

The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee, from time to time, to vary the advance or to extend the time for performance of the Contract by the Contractor. The Employer shall have the fullest liberty

without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor and to exercise the

Page 59 of 73

same at any time in any manner, and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract between the Employer and the Contractor or any other course or remedy or security available to the Employer. The bank shall not be released of its obligations under these presents by any exercise by the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Employer or any other indulgence shown by the Employer or by any other matter or thing whatsoever which under law would but for this provision, have the effect of relieving the Bank.

The bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance without proceeding against the Contractor and notwithstanding any security or other guarantee that the Employer may have in relation to the Contractor's liabilities.

We The Said Bank do hereby declare that we have absolute and unconditional power to issue this guarantee in your favour under the Memorandum and Articles of Association or such other constitutional documents of the Bank and the undersigned have full power to execute this guarantee under the Power of Attorney/ Post Approval Authorization dated of the bank granted to him / us by the Bank. We the said bank do hereby declare and undertake that your claim under the guarantee shall not be affected by any deficiency or other defect in the powers of the bank or its officials and the guarantee shall be deemed to have been issued as if the bank and its officials have all the powers and authorization to give this guarantee on behalf of the bank.

We the said bank does hereby certify the genuineness and appropriateness of the Stamp paper and stamp value used for issuing the guarantee. We the said bank does hereby declare and undertake that your claim under the guarantee shall not be affected by any deficiency or other defect in the stamp paper or its stamp value.

We the said bank do hereby declare that our payments hereunder shall be made to you, free and clear of and without and deduction, reduction on account of any reasons including any and all present and future taxes, levies, charges of withholding whatsoever imposed or collected with respect thereto.

Notwithstanding anything contained hereinabove our liability under this guarantee is limited to

Rs. _(Rupees only) and it shall remain in force upto and

including and shall be extended from time to time for such period (not exceeding one year), as may be desired by M/S on whose behalf this bank guarantee has been given.

Page 60 of 73


ii) Our liability under this guarantee shall not exceed Rs. _(Rupees

_only);

iii) This bank guarantee shall be valid upto and

iv) our liability to make payment shall arise and we are liable to pay the guaranteed amount or any part thereof under this guarantee, only and only if you serve upon us a written claim or demand in terms of the guarantee on or before (indicate a date six months after the validity of the guarantee).

Dated this _day of at New Delhi.

WITNESS

(Signature) (Signature) (Name) (Name)

(Official address) (Designation with bank stamp)

Attorney as Power of Attorney

(Signature) No. dt.

(Name)

Page 61 of 73

FORM OF PERFORMANCE GUARANTEE

WAPCOS Limited,

76-C, Sector 18, Gurgaon-122015.

In consideration of (Employer’s name) (hereinafter referred to as "the Employer") which expression shall, unless repugnant to the context or meaning thereof include its successors, administrators and assigns) having awarded to (Contractor’s name & address) (hereinafter referred to as "the Contractor “ which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) a contract, by issue of Employer’s Notification of Award No. dt. and the same having been unequivocally accepted by the Contractor, resulting into a contract valued at Rs. _(Rupees only) for _(name of work) (hereinafter called “

the contract”) and the Contractor having agreed to provide a Contract Performance Guarantee for the faithful performance of the entire contract equivalent to Rs. (Rupees only) (5 % of the said value of the Contract to the Employer)

We, (name & address of bank) (hereinafter referred to as "the Bank" which expression shall, unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns) do hereby guarantee and undertake to pay the Employer, on demand any or, all monies payable by the Contractor to the extent of Rs. (Rupees only) as aforesaid at any time upto

without any demur, reservation, contest , recourse or protest and/or without any reference to the Contractor. Any such demand made by the Employer on the bank shall be conclusive and binding notwithstanding any difference between the Employer and the Contractor or any dispute pending before any Court, Tribunal, Arbitrator or any other authority. The Bank undertakes not to revoke this guarantee during its currency without previous consent of the Employer and further agrees that the guarantee herein contained shall continue to be enforceable till the Employer discharges this guarantee.

We the said Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said Contract and that it shall continue to be enforceable till all the dues of the Employer under or by virtue of the said contract have been fully paid and its claims satisfied or discharged or till the Employer certifies that the terms and conditions of the said Contract have been fully and properly carried out by the said Contractor and accordingly discharges the guarantee.

Page 62 of 73

The Employer shall have the fullest liberty without affecting in any way the liability of the Bank under this guarantee, from, time to time to extend the time for performance of the Contract by the Contractor. The Employer shall have the fullest liberty without affecting this guarantee, to postpone from time to time the exercise of any powers vested in them or of any right which they might have against the Contractor and to exercise the same at any time in any manner and either to enforce or to forbear to enforce any covenants, contained or implied, in the Contract between the Employer and the Contractor or any other course or remedy or security available to the Employer. The bank shall not be released of its obligations under these presents by any exercise by the Employer of its liberty with reference to the matters aforesaid or any of them or by reason of any other act or forbearance or other acts of omission or commission on the part of the Employer or any other indulgence shown by the Employer or by any other matter or thing whatsoever which under law would but for this provision, have the effect of relieving the Bank. The guarantee shall not be affected by a change in the constitution of the bank or of the employer.

The bank also agrees that the Employer at its option shall be entitled to enforce this Guarantee against the Bank as a principal debtor, in the first instance, without proceeding against the Contractor and notwithstanding any security or other guarantee that the Employer may have in relation to the Contractor's liabilities.

We The Said Bank do hereby declare that we have absolute and unconditional power to issue this guarantee in your favour under the Memorandum and Articles of Association or such other constitutional documents of the Bank and the undersigned have full power to execute this guarantee under the Power of Attorney/ Post Approval Authorization dated of the bank granted to him / us by the Bank. We the said bank do hereby declare and undertake that your claim under the guarantee shall not be affected by any deficiency or other defect in the powers of the bank or its officials and the guarantee shall be deemed to have been issued as if the bank and its officials have all the powers and authorization to give this guarantee on behalf of the bank.

We the said bank do hereby certify the genuineness and appropriateness of the Stamp paper and stamp value used for issuing the guarantee. We the said bank do hereby declare and undertake that your claim under the guarantee shall not be affected by any deficiency or other defect in the stamp paper or its stamp value.

We the said bank do hereby declare that our payments hereunder shall be made to you, free and clear of and without and deduction, reduction on account of any reasons including any

Page 63 of 73

and all present and future taxes, levies, charges of withholding whatsoever imposed or collected with respect thereto.

Notwithstanding anything contained hereinabove our liability under this guarantee is restricted to Rs. (Rupees only) and it shall remain in force upto and including and shall be extended from time to time for such period as may be desired by M/S WAPCOS Limited on whose behalf this bank guarantee has been given.


i) Our liability under this guarantee shall not exceed Rs. (Rupees

only);

ii) This bank guarantee shall be valid upto _; and

iii) our liability to make payment shall arise and we are liable to pay the guaranteed amount or any part thereof under this guarantee, only and only if you serve upon us a written claim or demand in terms of the guarantee on or before (indicate a date six months after validity of guarantee).

Dated this _day of at New Delhi.

Page 64 of 73

FORMAT FOR FINANCIAL INFORMATION [To be submitted in Bidder’s Letter Head]

I. Financial Analysis – Details to be furnished duly supported by figures in balance

sheet/profit & loss account for the last five years duly certified by Chartered Accountant, as submitted by the applicant to the Income Tax Department(Copies to be attached)

Years

(i) Gross Annual Turnover on construction works. (ii) Profit/Loss Statement

II. Financial arrangements for carrying out the proposed work.

III. Solvency Certificate from Bankers of the bidder in the prescribed Form

Signature of Chartered Accountant with Seal Signature of Bidder(s)

Page 65 of 73

FORMAT OF BANKERS’ CERTIFICATE FROM A NATIONALISED/SCHEDULED BANK

This is to certify that to the best of our knowledge and information that M/s./Sh……………….. having marginally noted address, a customer of our bank are/is respectable and can be treated as good for any engagement up to a limit of Rs. ………..(*Rupees……….).

This certificate is issued without any guarantee or responsibility on the bank or any of the officers.

(Dated Signature) Name & Designation

For the Bank

NOTE (1) Banker’s certificate should be on letter head of the bank, sealed in cover

addressed to tendering authority. (2) In case of partnership firm, certificate should include names of all partners

as recorded with the bank

Page 66 of 73

Page 67 of 73

INTEGRITY PACT Between

WAPCOS Limited hereinafter referred to as “The Principal”/ Employer

And

hereinafter referred to as “The Bidder / Contractor”

Preamble

The Principal intends to award, under laid –down organizational procedures, contract/s for (Name of the Work). The Principal values full compliance with all relevant laws and regulations, and the principles of economical use of resources, and of fairness and transparency in its relation with its Bidder/s and /or Contractor/s.

In order to achieve these goals, the Principal Cooperates with the renowned international Non- Governmental Organization “Transparency International” (TI) Following TI’s national and international experience, the Principal will appoint an external independent Monitor who will monitor the tender process from the beginning till execution of the contract for compliance with the principles mentioned HEREIN.

Section 1- Commitments of the Principal

1. The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:-

I. No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract demand, take a promise for or accept, for him/herself or third person, any material benefit which he/she is not legally entitled to.

II. The Principal will, during the tender process treat all Bidders with equity and reason. The principal

will in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential/additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

III. The Principal will exclude from the process all known prejudiced persons.

Page 68 of 73

2. If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary action.

SECTION – 2 Commitments of the Bidder/Contractor

1. The Bidder / Contractor commit himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

I. The Bidder / Contractor will not, directly or through any other person or firm, offer, promise or give to the Principal, to any of the Principal’s employee involved in the tender process or the execution of the contract or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange an advantage during the tender process or the execution of the contract.

II. The Bidder / Contractor will not enter with other Bidders into any illegal agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or action to restrict competitiveness.

III. The Bidder / Contractor will not commit any criminal offence under the relevant Anti- corruption Laws of India, further the Bidder/Contractor will not use improperly, for purposes of competition or personal gain, or pass on to others, any information provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

IV. The Bidder/Contractor will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

2. The Bidder / Contractor will not instigate third persons to commit offences outlined above or be an accessory to such offences.

3. The Bidder / Contractor may indicate the advantage of his offer compared to the tender terms and conditions. The Bidder / Contractor shall not make any commitment whatsoever on the offers / products of other bidder(s) thereby influencing the principal to take decision of the former.

Page 69 of 73

Section 3 – Disqualification from tender process and exclusion from future contract

1. If the Bidder, before contract award, has committed a serious transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason.

2. If the Bidder/Contractor has committed a serious transgression through a violation of section – 2 such as to put his reliability or credibility into question, the principal is entitled also to exclude the Bidder / Contractor from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors with the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

3. If the Bidder / Contractor can prove that he has restored/recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

4. A transgression is considered to have occurred if in light of available evidence no reasonable doubt is possible.

Section 4 – Forfeiture of Earnest Money Deposit/Security Deposit 1. If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to forfeit the bidders Earnest Money Deposit.

2. If the Principal has terminated the contract according to section – 3, or if the Principal is entitled to terminate the contract according to section – 3, the principal shall be entitled to forfeit the Earnest Money Deposit/Security Deposit.

Section 5 – Previous Transgression 9. The Bidder declares that no previous transgression occurred in the last three years with any

other company in any country confirming to the TI approach or with any other Public Sector Enterprise in India that could justify it’s exclusion from the tender process.

10. If the bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 – Equal treatment of all bidders/contractors

1. The principal will disqualify from the tender process all bidders who do not sign this pact and submit it to the Principal along with the offer.

Page 70 of 73

Section 7 – Criminal charges violating Bidders/Contractors

If the principal obtains knowledge of conduct of a Bidders/Contractors, or of an employee or a representative or a JV Partner of a Bidders/Contractors which constitutes corruption, or if the principal has substantive suspicion in this regard, the principal will inform the vigilance office.

Section 8 – External Independent Monitor

1. The principal appoints competent and credible external independent Monitor for this Pact. The task of the monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

2. The monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairman of the Board of the Principal.

3. The Monitor has the right of access without restriction to all Projects documentation of the Principal. The Contractor will also grant the monitor, upon his request and demonstration of a valid interest, unlimited access to his project documentation. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor with confidentiality.

4. The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

6. The Monitor will regularly submit a written report to the Chairman of the Board of the Principal and, should the occasion arise, submit proposals for correcting problematic situations.

7. In case of report to the Chairman of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairman has not, with reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Officer, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

Page 71 of 73

Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the respective contract, and for all other Bidder’s 6 months after the contract has been awarded.

Section 10 – Other Provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Corporate Office of the Principal.

2. Changes and supplements as well as termination notices need to be made in writing: Side agreements have not been made.

3. Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

For the Principal For the Bidder/Contractor

Place Witness 1:

Date Witness 2:

Page 72 of 73

CONTRACT AGREEMENT

This Agreement made the day of 2019 Between. of (hereinafter called “the Employer”) of the one part, and of (hereinafter called “the Contractor”) of the other part.

Whereas the Employer desires that the Works known as should be executed b y the Contractor, and has accepted a Tender by the Contractor for the execution and completion of these Works and the remedying of any defects therein,

The Employer and the Contractor agree as follows:

1. In this Agreement words and expressions shall have the same meanings as are respectively assigned to

them in the Conditions of Contract hereinafter referred to.

2. The following documents shall be deemed to form and be read and construed as part of this Agreement: (a) The memoranda annexed hereto (which includes a breakdown of the Contract Price) (b) The Addenda nos. (c) The Conditions of Contract (d) The Employer’s Requirements, and (e) The Contractor’s Tender.

3. In consideration of the payments to be made by the Employer to the Contractor as

hereinafter mentioned, the Contractor hereby covenants with the Employer to design, execute and complete the Works and remedy any defects therein in conformity with the provisions of the Contract.

4. The Employer hereby covenants to pay the Contractor, in consideration of the design, execution

and completion of the Works and the remedying of defects therein, the final Contract Price at the times and in the manner prescribed by the Contract.

5. The Contract shall come into full force and effect on the date when the following conditions are

satisfied:

[List of pre-conditions]

The Employer shall promptly confirm to the Contractor the date on which all these conditions have been satisfied. If any of these conditions has not been satisfied within days of the above-mentioned date on which this Agreement is made, this Agreement shall be void and ineffective and any securities issued in relation to the above Works shall be returned. optional]

5. The Commencement Date shall be

In Witness whereof the parties hereto have caused this Agreement to be executed the day and year first before written in accordance with their respective laws.

SIGNED by: SIGNED by:

for and on behalf of the Employer in the presence of for and on behalf of the Contractor in the presence of

Witness: Witness:

Name:

Name:

Address

Address

Date: Date:

Page 73 of 73