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U;wfDy;j ikWoj dkWjijs'ku vkWQ bafM;k fyfeVsM

Nuclear Power Corporation of India Limited

Hkkjr ljdkj dk m|e A Govt. of India Enterprise)

rkjkiqj ijek.kq fo|qr dsanz & rkjkiqj egkjkV LFky


Tarapur Atomic Power Station - Tarapur Maharashtra Site.
dsafnz; fufonk izdksB - CENTRALISED TENDERING CELL
TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518
>> NAME OF WORK <<
Providing Services of Nursing & Paramedical Staff,- Trained qualified nurses,
Pharmacists, Pathology Laboratory technician, X-ray technician and
Physiotherapist for TAPS Hospital, TMS.
SECTION

CONTENTS
PART- I (TECHNICAL BID)

e-Tender Notice, Notice Inviting Tender (Including Pre-qualification criteria).

II

Memorandum of Agreement

III

Special Conditions of Contract

IV

General Conditions of Contract

Technical Specifications / Datasheets.

VI

Drawings

VII

Format of various contractual documents as applicable viz: Bid Security, Security


deposit, Lump sum Advance, Form of Hypothecation Deed Disputes Resolution
Board Agreement, Format for issue of tender, Format of Completion Certificate,
Wage Slip.

&
SECTION

PART- II (COMMERCIAL BID)

BOQ(enclosed as separate pdf file for view. Excel file of BOQ to be filled and
uploaded in e tendering by bidders)

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 1 of 75

SECTION - I
e-Tender Notice, Notice Inviting Tender
(Including Pre-qualification criteria).

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 2 of 75

NIT OPERATING PART

U;wfDy;j ikWoj dkWjijs'ku vkWQ bafM;k fyfeVsM

Nuclear Power Corporation of India Limited

Hkkjr ljdkj dk m|e A Govt. of India Enterprise)

rkjkiqj ijek.kq fo|qr dsanz & rkjkiqj egkjkV LFky


Tarapur Atomic Power Station - Tarapur Maharashtra Site.

dsafnz; fufonk izdksB - CENTRALISED TENDERING CELL


e-TENDER NOTICE
Online tenders are invited through e-tendering mode by competent authority, for and on behalf of NPCIL in Two
Part, from eligible contractors for the work and details given below:
1.GENERAL DETAILS
1.1

Tender no.

TMS / CTC / HOSPITAL / 2016 / 1518

1.2

Name of work

Providing Services of Nursing & Paramedical Staff,- Trained


qualified
nurses,
Pharmacists,
Pathology
Laboratory
technician, X-ray technician and Physiotherapist for TAPS
Hospital, TMS HR section at TM Site.

1.3

Estimated cost of the work


inclusive of all taxes and
insurance

` 55,62,763/-

1.4

Bid
Security
@2%
of
estimated cost subject to
maximum of ten lakh

` 1,11,255/-

1.5

Mode of tender

Public Tender (% Rate Tender)

Type of tender

Two part bid

1.6

Mode of bid security


submission

1)

Credit / debit card

2)

RTGS / NEFT

3) Online payment
1.7

Completion period

06 (Six) Months (including monsoon period)

1.8

Tender processing fee


including taxes

` 3,185/- in favour of M/s.ITI Limited through on-line payment, debit


/credit card

1.9

Availability
of
tender
documents for free view only

The links of website www.tenderwizard.com/DAE is also available


on websites www.npcil.nic.in & http://e-procure.gov.in

1.10

Dates of availability of tender


documents for downloading
after paying processing fee

On website www.tenderwizard.com/DAE From 14/01/2016


(10:00 Hrs.). Upto 21/01/2016 (17:00 Hrs.)

1.11

Last date and time of


submitting
online
queries/questions
for
clarification in both cases
where pre- bid meeting is
envisaged or not

23/01/2016 ( up to 15.00 hours)

1.12

Pre-bid meeting

Not applicable

1.13

Last date and time of closing


of online submission of

27/01/2016 (14:00 Hrs.)

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 3 of 75

tenders:
1.14

Date and time of online


opening of technical bid.

29/01/2016 (14:30 Hrs.)

1.15

Date and time of opening of


financial bids

Will be notified on the website at a later date.

1.16

Competent authority inviting


tender

Station Director, TAPS-1&2

1.17

Authority & place for seeking


clarification
on
tender
conditions, pre-bid meeting,
opening of tender

1.18

Help Desk

Shri S. P. Songire, SO/F,


Centralised Tendering Cell, TMS, NPCIL.
Phone no. 02525-283668,
e-mail : spsongire@npcil.co.in
On working days and during office hours (i.e. 09:00 hrs To
17:00 hrs)
1. Help desk of M/s ITI:
Shri Rudresh, Mobile No. 09969395522
e-mail : daehelpdesk@tenderwizard.co.in
twhelpdesk231@gmail.com
2. E payment gateway :
022-41852124
On working days from 10 am to 6 pm

2. INFORMATION & INSTRUCTIONS FOR BIDDERS:


2.1

Steps for downloading, uploading and free viewProspective bidders or General public can see and download free of cost PDF format of the tender
documents from website www.tenderwizard.com/DAE >Tender Of DAE > Nuclear Power
Corporation of India Limited
To participate in the tender, Prospective Bidder are requested to download the Excel formats, after
login in the Home page of the website www.tenderwizard.com/DAE with User id/Password/Class III
Digital Signature Certificate.
Steps to Download the excel formats of particular tender:
a: Click on UNAPPLIED button
b: Click on REQUEST button
c: Pay Tender Processing fee online via any VISA/MASTER card or PNB Net banking
d: Click on SUBMIT button,
e: Click on INPROGRESS button (In status column bidder will find the tender as RECEIVED)
f:

Bidder will be able to download required Tender Documents by clicking EDIT attachment button
for any number of times till last date of submission.

Prospective Bidder has to fill Excel Documents and upload the same without renaming it.
Please refer Help Manual for Tender submission or contact ITI Helpdesk.
2.2

The intending bidder must read the terms and conditions in the notice inviting tender & prequalification criteria carefully. He should only submit his bid if he considers himself eligible and he is in
possession of all the documents required.

2.3

Submission of bid shall mean acceptance of undertaking to be furnished online by bidder as per
format enclosed as annexure-10.

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 4 of 75

2.4

Information and Instructions for bidders posted on website shall form part of tender document. The
tender is to be downloaded and uploaded only on www.tenderwizard.com/DAE after paying requisite
processing fee.

2.5

The bid can only be submitted after uploading the mandatory scanned documents, payment of
processing fee in favour of ITI LIMITED, NEW DELHI, bid security in favour of NPCIL and other
documents as specified. Processing fee shall not be refunded in any case.

2.6

After submitting bids the contractor can re-submit revised bid any number of times but before
stipulated closing time and date of online submission of bid as notified. The bidder can withdraw the
bid before stipulated closing date and time of online submission. But, once the bidder withdraws
the bid, it cannot be resubmitted.

2.7

The contractors, who are not enrolled on tender wizard website, are required to get enrolled.

2.8

The intending bidder must have valid Class-III Digital Signature to submit the bid.

2.9

Contractor must ensure to quote rate of each item. The column meant for quoting rate in figures
appears in YELLOW colour and the moment rate is entered, it turns SKY BLUE. In addition to this,
while selecting any of the cells a warning appears that if any cell is left blank the same shall be
treated as 0. Therefore, if any cell is left blank and no rate is quoted by the bidder, rate of such item
shall be treated as 0 (ZERO). The bidder shall be required to execute such items at his quoted rate
of zero as per specifications, bill of quantity and GCC provisions.

2.10

In case of bids in three stage system and if it is desired to submit revised financial bid then it shall be
mandatory to submit revised financial bid. If not submitted then the bid submitted earlier shall become
invalid.

2.11

The bidders are solely responsible to keep their email and bank account active and to update their
profile in case of change. This is essential as communication shall preferably be done by e-mail by
corporation. Moreover, all the auto generated mail by e-tendering portal shall be sent on this e-mail
address.

2.12

Contractor can upload documents in the form of JPG format and PDF format.

2.13

Bidders are advised to open bank account with core banking solution branch (with NEFT / RTGS) in
order to facilitate online payment of tender processing fee and bid security for their own benefit.

2.14

Bidder shall read the GCC and standard NIT in NPCIL download section before
submission of bid. Submission of bid shall imply that the bidder has seen and understood the
GCC & NIT and shall abide by the same without any deviations/conditions. The detailed NIT
and GCC shall be part of agreement. If the bidder at any stage refuses to accept the same, the
bid shall be rejected and bid security forfeited. Further disciplinary action is liable to be taken
including debarring from participation in retendering of the same work or other works as deemed
appropriate by the competent authority.

3. LIST OF MANADATORY DOCUMENTS TO BE SCANNED AND UPLOADED ON THE LINK


WITHIN PERIOD OF BID SUBMISSION:
SR.NO.

DESCRIPTION

3.1

Power of attorney of the signatory of the bid as per relevant clause of NIT

3.2

PAN card

3.3

Registration of Sales Tax/VAT/WCT Certificate

3.4

Registration of TIN certificate

3.5

Registration of EPF

3.6

Certificate of annual turnover of last 3 years stamped & signed by CA as per annexure 2 of
NIT

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 5 of 75

3.7

Statement of value of work executed during last five financial years stamped and signed by
chartered accountant as per annexure 3A of NIT

3.8

Statement of existing commitments and on-going works and value of bid capacity stamped
and signed by chartered accountant as per annexure 3B of NIT

3.9

Work experience 1 :
As per annexure 1 of NIT

3.10

Work experience 2 :
As per annexure 1 of NIT

3.11

Work experience 3 :
As per annexure 1 of NIT

3.12

Work experience 4
As per annexure 1 of NIT

3.13

Certificate of registration with MSME; uploading is mandatory if bidder wishes to avail benefit
of clause- 25 of NIT

3.14

The bidder shall upload scanned copy of originals in JPG format or PDF format. The submission
of documents is deemed as undertaking by bidder that all the documents are true and genuine. If
it is found, at any time during bidding or execution of work, that the information/ documents
submitted by the bidder are in variance/ forged, they shall be legally held responsible for the
same. Their offer shall be summarily rejected or termination of contract, if awarded, forfeiting of
the bid security, performance guarantees, security deposit, if any. The bidder / contractor shall be
blacklisted/debarred for further works in NPCIL for a period of five years.

3.15

By submission, the bidder undertakes and confirms that eligible similar works have been
executed as prime contractor and the same have not been got executed through another
contractor on back to back basis or as a subcontractor. Any violation of this shall result in panel
action as per point-3.14 above.

3.16

It is essential to upload all the mandatory documents. If some document is not applicable/
available the status shall be printed on a paper and same shall be uploaded. Uploading of
any blank/irrelevant documents in connection to mandatory documents will lead to
rejection of the offer.

3.17

At the time of submission of bid, contractor shall upload certificate from CA mentioning financial
turnover of last 3 years, value of work done during last five audited financial year (A) and existing
commitments (B) for calculation of bid capacity. Further financial details and related supporting
documents, if required may be asked from contractor after opening of technical bid. There is no
need to upload entire voluminous balance sheet.

3.18

It is binding on the bidder to fill the data required for assessment of pre-qualification criteria in the
excel sheet uploaded for the purpose. The technical evaluation shall be done based on the data
provided in excel sheet and the relevant document uploaded to support the same. In case where
the relevant information is not filled in the uploaded excel sheets while commensurate supporting
documents are uploaded, the supporting documents shall not be considered in evaluation as the
technical evaluation sheet is auto generated by system. Therefore the bidders in their own
interest shall fill all the relevant information in excel sheets and upload commensurate supporting
documents. The corporation shall not accept any new document for prequalification after bid
opening. Corporation may ask for clarification and submission of documents in support of
documents/information already submitted.

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 6 of 75

3.19

In case of Single/ Nomination/ Limited tenders the bidders are not required to upload information
and documents for prequalification.

4.

PRE-QUALIFICATION CRITERIA

4.1

MINIMUM REQUIREMENT:-

4.1.1

Work Experience:
(i) The intending tenderer must have in its name as prime contractor experience of having
successfully completed similar works during last 5 years ending last day of month previous to
the one in which applications are invited should be either of the following:
a) Three similar completed works, each costing not less than the amount equal to 30% of the
estimated cost. For work done in private sector, stamped and signed certificate by chartered
accountant giving details of bill wise payment received, TDS amount, certificate number for
private works is essential .
or
b) Two similar completed works, each costing not less the amount equal to 40% of the
estimated cost. For work done in private sector, stamped and signed certificate by chartered
accountant giving details of bill wise payment received, TDS amount, certificate number for
private works is essential .
or
c) One similar completed work costing not less than the amount equal to 60% of the estimated
cost. For work done in private sector, stamped and signed certificate by chartered accountant
giving details of bill wise payment received, TDS amount, certificate number for private works
is essential.
(ii) Bidder shall have a valid registration with State /Central Nursing Council issued by
concerned Authority prior to the date of Submission of Bid.
(iii) Similar work for the purpose of this contract is Experience in providing manpower
services to Hospital.

4.1.1.1

Note:-

4.1.1.1.1.

The cost of completed work shall mean gross value of the completed work including all the taxes
and levies, cost of material supplied by the client on chargeable basis, but excluding those
supplied free of cost. The cost of chargeable material shall be the fixed value at which the client
had supplied the material.

4.1.1.1.2.

The work experience of the bidder for those works only shall be considered for evaluation
purposes, which are completed before the last date of month previous to one in which NIT has
been published on e-tendering portal. Hence, the works which are incomplete/ ongoing, as on
the last date of month previous to one in which NIT has been published on e-tendering portal,
shall not be considered against eligibility.

4.1.1.1.3.

In case the work is started prior to the eligibility period of 5 years (counted backwards starting
from the last day of month previous to the e-publication date of NIT) and completed within the
said eligibility period of 5 years, then the full value of work shall be considered against eligibility.

4.1.1.1.4.

In case the experience has been earned by the bidder as an individual or proprietorship firm or
partner of a partnership firm, then 100% value of experience will be considered against eligibility.
But if the experience has been earned by the bidder as a partner in a Joint Venture / Consortium,
then the proportionate value of experience in proportion to the actual share of bidder in the joint
venture/ consortium will be considered against eligibility. The bidder shall furnish information

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 7 of 75

regarding the actual percentage of share and value of experience accordingly. In case of joint
venture / consortia, full value of work, if done by the same joint venture shall be considered.
4.1.1.1.5.

The bidder shall submit details of work executed by them in the Performa of Annexure-1 of NIT
for the works to be considered for qualification of work experience criteria. Documentary proof
such as work order/agreement, extension letter if any, completion certificate from client clearly
indicating the name of work, actual completion cost and actual date of completion for such work
should be submitted. The offers submitted without the documentary proof shall not be evaluated.
The work done for private companies, which has been completed after extension, will not be
accepted without documentary proof of extension.

4.1.1.1.6.

In case the work is executed for private client the following shall be submitted:
4.1.1.1.6.1

Work order with bill of quantities

4.1.1.1.6.2

Extension letter, if the work has been extended/completed beyond stipulated


completion date in work order/agreement

4.1.1.1.6.3

Completion certificate with final / last bill. The completion certificate shall be for
individual work order. The completion certificate clubbing two or more work
orders shall be rejected.

4.1.1.1.6.4

Stamped and signed certificate by chartered accountant giving details of bill wise
payment received, TDS amount, certificate number

4.1.1.1.7.

The value of work done meeting prequalification criteria shall be brought to current costing level
by enhancing the actual value of work at simple rate of 7% per annum, calculated from the date
of completion to the last day of month previous to the one in which NIT has been published on etendering portal. Both the date of completion and last date of month previous to the one in which
NIT has been published on e-tendering portal shall be excluded for the purpose of calculating
escalation

4.1.1.1.8.

The bidders if required may be asked to produce original and photocopy of all the documents
attested by notary submitted for qualification purpose for verification at any stage at corporations
discretion. If the same are not produced in stipulated time, the bid shall be rejected.

4.1.2

Annual Turnover:

4.1.2.1

The average annual financial turnover during the last three years ending 31 st March of the
previous financial year should be at least 30% of the estimated cost.

4.1.2.2

Notes:

4.1.2.2.1.

Financial data for latest last three audited financial years has to be submitted by the bidder in
Annexure-2 of NIT. The same shall be certified by chartered accountant (CA) with his stamp and
signature. In case balance sheet of the last financial year is not audited, the bidder has to submit a
certificate by a CA certifying that the balance sheet has actually not been audited so far. The
certificate shall be signed by bidder also. In such case the financial data of previous three audited
financial shall be taken into consideration for evaluation. If the audited turnover of any year as per
above is not submitted, the turnover for that year shall be considered as zero and average annual
turnover for three years will accordingly be calculated.

4.1.2.2.2.

In case of joint venture / consortia, the financial standing criteria will be evaluated based on
weighted average of the financial data of the members as per their percentage participation.

4.1.3

For tenders of estimated cost put to tender of Rs 100.0 lakhs and above, bidders who meet
minimum criteria will be qualified only if their available bid capacity is more than the bid

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 8 of 75

value. The bid capacity of the contractor shall be determined by the following formula:
Bid Capacity = (A x N x 2) B
Where,
A =

maximum value of works executed in any one year during last five financial
years.

B =

Value of existing commitments and ongoing works calculated from last date of
month previous to one in which NIT has been published to be completed in the
next N years.

N =

Number of years prescribed for completion of the subject contract.

4.1.3.1.

Financial data for latest last five financial years has to be submitted by the bidder in Annexure-3A
of NIT The above financial data will be brought to current costing level by enhancing the actual
value of work at simple rate of 7% per annum or part thereof calculated from the last date of that
financial year The same shall be certified by the chartered accountant with his stamp, signature
and membership number.

4.1.3.2.

Value of existing commitments for on-going works has to be submitted by the bidder in Annexure3B of NIT. These data shall be certified by the chartered accountant with his stamp and signature.

4.1.3.3.

In the case of joint venture / consortia, bid capacity of each member will be computed applying
above formula and combined bid capacity of the joint venture / consortia will be weighted average
of the individual bid capacity of the members as per their percentage share in the joint venture /
consortia.

4.1.3.4.

If it is found at any stage that the bidder has submitted incorrect data for assessment of bid
capacity the bid or if the work is awarded the work order shall be rejected/cancelled and other
penal action as per NIT and GCC shall be taken.

4.1.4

Registration no. of EPF as per schedule A.

4.1.5

For all types of work except works mentioned below having completion period of more
than one year the estimated cost for qualification shall be on per annum basis. Similarly
the experience shall be considered on per annum basis.
1)

Construction works

2)

Works wherein material supply component is more than 20%

4.2

GENERAL ELIGIBILITY CRITERIA

4.2.1

A Bidder may be a natural person, private entity, government-owned entity, or any combination of
such entities supported by a letter of intent to enter into an agreement or under an existing
agreement in the form of a Joint Venture of Association (JVA) or Consortium. Bids from JVA or
Consortium shall not be accepted for works with estimated cost below Rs. 100 crores. JVA
are not permitted for service & maintenance contract of all values.
In the case of a joint venture or consortium:
4.2.1.1.

Joint venture should not have more than three partners who are specialized in their
respective field.

4.2.1.2.

Unless otherwise specified, all partners shall be jointly and severally liable.

4.2.1.3.

The JVA or consortium agreement shall nominate a lead partner who shall have the
authority to conduct all business for and on behalf of any and all the partners of the
JVA / Consortium during the bidding process and, in the event the JVA / Consortium
are awarded the contract, during contract execution.

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 9 of 75

4.2.2

4.2.1.4.

In such case, generally the lead partner shall take full responsibility of successful
completion / fulfillment of all the contract conditions.

4.2.1.5.

A non-Indian firm is permitted to tender only in a consortium arrangement or joint


venture with their wholly owned Indian subsidiary registered in India under companies
act-1956 or any other Indian firm having minimum participation interest of 26%.

4.2.1.6.

In case of joint venture/consortium PAN number, VAT/sales tax registration number of


each partner shall be submitted.

A bidder shall not have a conflict of interest. In case of JV/consortium none of the partner shall
have a conflict of interest. All bidders found to have a conflict of interest shall be disqualified. A
bidder may be considered to have a conflict of interest with one or more parties in this bidding
process, if:
4.2.2.1

a bidder participated as a consultant in the preparation of the design or technical


specifications of the works that are the subject of the bid; or

4.2.2.2

a bidder was affiliated with a firm or entity that has been hired (or is proposed to be
hired) by the corporation or as engineer-in-charge for the contract.

4.2.2.3

One firm applies for tender both as an individual firm and in a group.

4.2.2.4

If bidders in two different applications have controlling shareholders in common.

4.2.2.5

Submit more than one application of the tender.

4.2.3

Government-owned entities in the corporations country shall be eligible only if they can establish
that they are legally and financially autonomous and operate under commercial law. Also, they
shall not be dependent agencies of the corporation.

4.2.4

Bidders shall provide such evidence of their continued eligibility, satisfactory to the corporation,
as the corporation shall reasonably request any time within the currency of the contract (including
defect liability period).

4.2.5

Firms shall be excluded if:

4.3.

4.2.5.1

as a matter of law or official regulation, the corporations country prohibits commercial


relations with that country, provided that such exclusion does not preclude effective
competition for the supply of goods or related services required; or

4.2.5.2

by an act of compliance with a decision of the United Nations Security Council taken
under Chapter VII of the Charter of the United Nations, the borrowers country prohibits
any import of goods or contracting of works or services from that country or any
payments to persons or entities in that country.

CONTRACT ELIGIBILITY CRITERIA


Further, the contract eligibility may include the following, if specified in pre- qualification criteria:

4.3.1

Documentary evidence of adequate financial standing, certified by bankers, audited profit & loss
a/c and balance sheet, access to adequate working capital.

4.3.2

Construction equipment proposed to be deployed for the project and proof of its availability;
equipment proposed to be purchased or leased.

4.3.3

Key personnel available and proposed to be engaged for management and supervision of the
Project, their qualifications and experience. Valid certificates by a recognized University, technical
Board, or Ministry of Government of India would only be taken cognizance of.

4.3.4

Project planning and quality control procedures to be adopted.

4.3.5

The bidder has to obtain ESIC registrations after award of work in the areas covered by ESIC.

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 10 of 75

NOTICE INVITING TENDER


1.0

Scope of bid

1.1

The Nuclear Power Corporation of India Limited (referred to as corporation or NPCIL in these
documents) invites bids for the work .The successful bidder should provide the services during
the period of work as per the terms and conditions specified in the NIT, general condition of
contract, technical specifications, special conditions of contract and schedules.

2.0

Eligible bidders

2.1

Bidding is open to all eligible bidders meeting the eligibility criteria as defined in prequalification
criteria. Bidders are advised to note the pre-qualification criteria specified in the notice inviting
tender.

2.2

Incomplete bids and bidders not meeting the minimum qualification criteria shall be summarily
rejected. It may be noted that mere submission of bid does not imply that your offer shall be
considered. Tenders are considered only after NPCIL themselves assess the document
submitted along with the bid by the bidder meets the pre-qualification criteria as specified in
notice inviting e-tender during evaluation of bid.

2.3

The bidder who has been blacklisted / de-registered / holiday at any of the sites of NPCIL, DAE,
any other government department or PSU shall not be eligible for participation in tenders of
NPCIL for that period.

3.0

One bid per bidder

3.1

Each bidder shall submit only one bid. A bidder who submits or participates in more than one bid
will cause the bidders participation to be disqualified for all the proposals.

4.0

Cost of bidding

4.1

The bidder shall bear all costs associated with the preparation and submission of his bid and the
corporation will in no case be responsible and liable for these costs.

5.0

Site visit

5.1

The bidder and any of his authorized personnel or agents will be granted permission by the
corporation to enter upon its premises and lands for the purpose of site visit. However, the bidder,
his personnel and agents will be responsible against all liability in respect thereof, including death
or personal injury, loss of or damage to property, and any other loss, damage, costs, and
expenses incurred as a result of the inspection.

5.2

The bidder should inform the corporation at least three days in advance about the proposed site
visit.

5.3

The bidder, at his own responsibility and risk is encouraged to visit, inspect and survey the site
and its surroundings and satisfy himself before submitting his bid as to the form and nature of
the site, the means of access to the site, the accommodation he may require, etc.

5.4

In general, bidders shall themselves obtain all necessary information as to risks, contingencies
and other circumstances which may influence or affect their bid. A bidder shall be deemed to
have full knowledge of the site, whether he inspects it or not and no extra claims due to any
misunderstanding or otherwise shall be allowed.

5.5

The costs of visiting the site shall be at the bidders own expense. Any report shared at the site,
by the corporation is subject to verification by the contractor. Any deviations of information in the
report and the actual site will not be the responsibility of the corporation.

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 11 of 75

5.6

The bidders are requested to bring photo identification like passport, voters identity card, and
driving license, PAN card, identity card issued by employer etc. for security regulations. Any
electronic devices like mobiles, radio, transistors camera etc. are not allowed inside NPCIL
premises and the same shall be left at security gate at the risk of bidders. The bidders are
requested to e- mail the details of authorized representative in the prescribed format (annexure11).

5.7

The bidder shall forward any query/question by e -mail within the stipulated date and time given in
NIT. The clarification given by the corporation shall be visible to all the bidders without disclosing
the identity of the bidder raising the query. The questions/query received after stipulated date and
time shall not be entertained and no response shall be forwarded. The submission of bid shall
mean that the bidder has seen the response and accepts the content

6.0

Content of bidding documents

6.1

Submission of a bid by a bidder implies that he has read this notice and all other contract
documents, clarification, addendum, corrigendum and has made himself aware of the scope and
specifications of the work to be executed and of conditions and rates at which stores, tools and
plant, etc, will be issued to him by the corporation and local conditions and other factors having
a bearing on the execution of the works.

6.2

The bidder shall submit the bid, which satisfies each and every condition laid down in the bid
documents, failing which, the bid is liable to be rejected.

6.3

The documents listed below comprise one set of bid document:


a)

Notice Inviting tender (Including Pre-qualification criteria),e tender notice

b)

Memorandum of Agreement

c)

Special Conditions of Contract

d)

General Conditions of Contract

e)

Technical Specifications / Datasheets

f)

Drawings, if any

g)

Schedules as per clause 18 of G.C.C.


&
Formats of various contractual documents as applicable viz: Bid Security, Security
Deposit, Memorandum of Understanding / Consortium Agreement, Lump sum Advance,
Form of Hypothecation Deed, Disputes Resolution Board. Agreement, Format for issue of
tender, Format of Completion Certificate, wage slip, Format of Performance Guarantee.

h)

Bill of quantities

7.0

Pre-bid meeting:

7.1

The bidder or his officially authorized representative is invited to attend pre-bid meeting, which will
take place as referred in instructions to the bidders. The bidder shall intimate the details of his
authorized representative in prescribed format (annexure-11) to the CTC office to facilitate his
attending the meeting.

7.2

The purpose of the pre-bid meeting is to clarify issues and to answer questions on matters that
may be raised at that stage. The bidder is requested to submit their questions/queries/clarification
in writing preferably by email so as to reach the corporation before stipulated date and time for

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submitting the same. The queries which are received after stipulated date and time as per NIT
shall be summarily rejected and no response shall be made.
7.3

Attending the pre-bid meetings is in the interest of bidders to understand the scope of work of the
tender. It is insisted upon that bidders shall attend the pre-bid meetings. However, in case the
bidders do not attend the pre-bid meetings, it would be presumed that they have understood the
scope of work. NPCIL has to finalize the award within a limited time schedule. Therefore, NPCIL
will not seek any clarification in respect of incomplete offers. Any doubt, may be cleared, if
required by the bidder before filling the bid. No request for extension of bid submission dates shall
be entertained.

7.4

Minutes of the meeting, including the text of the questions (without identifying the source of
enquiry) and the responses given will be displayed on web site. Any modifications of the bidding
documents which may become necessary as a result of the pre-bid meeting shall be made by
the corporation exclusively through the issue of an addendum only and not through the minutes
of the pre-bid meeting. The addendum shall be binding on all the bidders. Submission of bid shall
imply the acceptance of addendum by the bidder.

8.0

Amendment of bid documents

8.1

Before the deadline for submission of bids, the corporation may modify the bidding documents by
issuing addenda on web site.

8.2

Any addendum so issued shall be part of the bid documents as well as contract document.

8.3

To give prospective bidders reasonable time to take an addendum into account in preparing their
bids, the corporation may extend the date for submission of bids, if necessary.

8.4

Corrigendum, addendum or any other information regarding tender shall be uploaded only on web
site. Hence, the bidders are requested to visit the web site (www.tenderwizard.com/DAE)
regularly. The above documents shall become part of bid and agreement. Submission of bid shall
imply that bidder has noted and accepted content of all the corrigendum/addendum/clarifications
and affect of same has been included in price bid.

9.0

Language of the bid

9.1

All documents relating to the bid shall be in the English language, unless stated otherwise. Hindi
version of general conditions of contract (GCC) uploaded on web site is for information purpose
only. The English version of GCC is the legal document.

10.0

Bid security

10.1

The bid security amount may be paid in the modes described below. The corporation shall not
pay interest on the same in any case. The bidder is responsible for timely payment of bid security,
so that corporation receives the same before stipulated date and time. Even if the payment made
by the bidder within the stipulated date and time is not received by the corporation due to reasons
beyond control of the bidder, bid will be considered as non-responsive and rejected. If the bid
security amount paid by bidder is less than stipulated, the bid shall be rejected:
a)

Credit / debit card

b)

RTGS / NEFTThe bidder shall note that banks as per standard working practice require a certain time
period for completion of transaction. The bidder shall ensure timely submission in order to
complete transaction as per bid condition. If the transaction is not completed in favour of
NPCIL the bid will not be accepted. The bidder shall note that the RTGS / NEFT require
minimum two banking day to get posted. Hence, in his own interest the bidder should make
NEFT / RTGS payments minimum two day prior to last date of submission. The bidder

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shall preferably use the print out of challan as generated from the e-tendering portal for
RTGS / NEFT payment, in order to avoid discrepancies. The bidder shall note that if the bid
security is deposited to account other than the 16 digit challan code as generated through
the e-tendering portal, the bid shall be rejected on account of non submission of bid
security. The bidder is solely responsible for timely deposition of bid security in the correct
account.
c) Online payment
10.2

MSEs (and not their dealers/distributors) registered with District Industry Centers or Khadi and
Village Industries Commission or Khadi and Village Industries Board or Coir board or National
Small Industries Corporation or Directorate of Handicrafts and Handloom or any other body
specified by Ministry of MSME are exempted from payment of bid security for the items/services
they are registered with District Industry Centers or Khadi and Village Industries Commission or
Khadi and Village Industries Board or Coir Board or National Small Industries Corporation or
Directorate of Handicrafts and Handloom or any other body specified by Ministry of MSME. But,
all the bidders have to pay tender processing fee to M/s. ITI. The bidders are requested to ensure
that they are registered for relevant service as stipulated in similar nature of work In case of
mismatch between the service registered with MSME and service for which bid is called ,the bid
shall be treated as without bid security and hence rejected.

10.3

(a)

in case of two part bid, the bid security of technically unqualified bidders after technical
evaluation shall be returned.

(b)

Bid security of qualified unsuccessful bidders will be returned to them within a month (30
days) from the date of acceptance of bid of the successful bidder.

(c)

Bid security of successful bidder will be returned after submission of the performance
guarantee amount.

(d)

Bid security of the bidder who has withdrawn the bid shall be returned after opening of the
bid.

10.4

The bid security shall be forfeited, if;


a)

The bidder withdraws / modifies his bid or any item thereof after opening of bid.

b)

The successful bidder fails within the specified time limit to submit the performance
guarantee and commence the work.

10.5

The corporation at its discretion shall refund the bid security by online/RTGS/NEFT or through
any other electronic mode to the account number as registered by the bidder himself on e
tendering portal.

11.0

Bid prices, rates & taxes

11.1

The bidder should quote his rates in figures only.

11.2

In the case of item rate tenders, only rates quoted shall be considered. In case of lump sum
tender, only lump sum quoted amount shall be considered.

11.3

The rates, prices and total bid price submitted by the contractor shall be inclusive of terminal or
other duties, VAT, CST, turnover tax, work contract tax, octroi, cess, or any other similar tax
applicable under the existing laws or levy by the statuary authorities/state/central government in
performance of this contract except service tax.
The contractors are expected to buy maximum inputs from local vendors (within the state) and the
CENVAT / VAT input set off benefits available to the bidders thereof should be passed on to
NPCIL through the quoted price.

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The statutory service tax as applicable shall be reimbursed separately on presentation of tax
invoice as provided under Rule 4A (1) and service tax registration number as per service tax
rules. The reimbursement shall be limited to prevailing government rules and GR
No claim on any duties, taxes or other levies payable by the bidders in respect of
transaction between the bidders and consortium members, sub-Contractors or others will be
entertained by NPCIL.
There shall be no reimbursement on account of any increase in rate of taxes, duties or any other
levies or new statutory taxes, duties and or any other levies coming into force during the currency
of the contract except Service Tax. Accordingly, Clause no.6.10.3 of NPCIL GCC stands
withdrawn.
11.4

Tax deduction at source


At the time of its payments due to the contractor under this contract, the statutory deduction of
income tax at source (IT TDS) and works contract tax TDS or other taxes/dues shall be made
from time to time as may be required by the government of India or any relevant authority thereof
and under the respective state sales tax / value added tax legislation at such rate as applicable
unless and to the extent that the contractor shall produce to NPCIL any certificate issued by a
government authority (having authority to issue such certificate) entitling the contractor to receive
the payments under the contract for a prescribed period without deduction of any tax or deduction
at a lower rate.
NPCIL shall provide the necessary withholding tax certificates to the contractor within the time
stipulated by the relevant law to enable the contractor to file the same with the government.

11.5

Tax informationThe bidder has to compulsorily fill up annexure-7 along with BOQ during submission of bid.
Annexure-8 & 9 is to be submitted during execution of work after award. Bidders shall
substantiate the Information provided herein if called for to do so.

11.6

The evaluation of price bid will be done strictly on the basis of rates/total bid price quoted by
bidder in the price bid format plus service tax as applicable.

12.0

Currencies of bid and payment

12.1

The unit rates and the prices shall be quoted by the bidder in Indian rupees, unless otherwise
specified in the special conditions of contract.

13

Bid validity

13.1

The bids submitted shall remain valid for acceptance for a period of 120 days from the date of
opening of the bid. The bidder shall not be entitled during the period of validity, to revoke or
cancel his bid or vary / modify the bid given or any item thereof. In case of bidder revoking or
canceling his bid, varying any terms in regard thereof, the full amount of bid security paid by the
bidder along with the bid shall be forfeited by NPCIL.

13.2

In exceptional circumstances, prior to expiry of the original bid validity period, NPCIL may request
the bidders to extend the period of validity for a specified additional period. The request and the
responses thereto shall be made in writing. A bidder may refuse the request without forfeiting its
bid security but his bid will not be considered. A bidder agreeing to the request will not be
required or permitted to modify its bid, but will be required to extend the validity of its bid security
for the period of the extension.

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14.0

Alternative proposals by bidders

14.1

Bidders shall submit offers that comply with the requirements of the bidding documents, including
the basic technical design as indicated in the drawing and specifications. Alternatives will not be
considered.

15.0

Deadline for submission of the bids

15.1

The date and time of on-line bid submission shall remain unaltered even if the specified date for
the submission of the bid is declared as holiday for the office inviting tender.

15.2

The corporation may extend the deadline for submission of bids by issuing an amendment, in
which case, all rights and obligations of the corporation and the bidders previously subject to the
original deadline will then be subject to the new deadline.

15.3

Any bid received by the corporation after the deadline prescribed above will be rejected.

15.4

The bidders shall note the following before submission of bid


(a)

If the digital signature certificate (DSC) holder is sole proprietor of the firm, power of
attorney need not be submitted.

(b)

In case DSC holder is bidding on behalf of partnership firm, joint venture, consortium etc.
power of attorney or any other legally acceptable document viz. partnership deed, board
resolution etc authorizing DSC holder to bid on behalf of the bidder is to be uploaded. In
case of non-submission the bid shall be summarily rejected.

16.0

Bid opening

16.1

Tender opening shall be done on-line only. If the date of opening is declared as holiday then bid
will be opened on next working day. In exceptional cases opening of tenders can be done on any
day or time after scheduled date and time of opening. Corrigendum issued for postponement of
opening shall be delivered through e-Mail to the participating agencies.

16.2

The bids without stipulated bid security amount and other documents as per NIT shall be
summarily rejected.

16.3

In two part tenders financial bid of only qualified bidder shall be opened.

17.0

Clarification of bids

17.1

To assist in the examination and comparison of bids, the corporation may, at its discretion, ask
any bidder for clarification of his bid, including breakdown of unit rates. The request for
clarification and the response shall be in writing or by email / fax, but no change in the price or
substance of the bid shall be sought, offered, or permitted. If the bidder does not respond within
the stipulated time, then the bid of the bidder will be evaluated on its own merit.

17.2

Bidder shall not contact the corporation on any matter relating to his bid from the time of the bid
opening to the time the contract is awarded.

17.3

Any effort by the bidder to influence the corporations bid evaluation, bid comparison or contract
award decisions, may result in the rejection of his bid.

18.0

Examination of bids and determination of responsiveness

18.1

Prior to detailed evaluation of bids, the corporation will determine whether each bid(s) meets (a)
the minimum requirements as per pre- qualification criteria (b) is accompanied by the required
bid security (c) is responsive to the requirements of the bidding documents (d) has been properly
signed by authorized signatory holding power of attorney in his favour which shall inter alia
include a provision to bind the bidder for settlement of dispute as per GCC.

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18.2

A responsive bid is one which conforms to all the terms, conditions and specification of the
bidding documents, without material deviation or reservation. A material deviation or reservation
is one (a) which affects in any substantial change in scope, quality or performance of the works;
(b) which limits in any substantial way, the corporations rights or the bidders obligations under
the contract; or (c) whose rectification would affect unfairly the competitive position of other
bidders presenting responsive bids.

18.3

It is binding on the bidder to fill the data required for assessment of pre-qualification
criteria in the excel sheet uploaded for the purpose. The technical evaluation shall be done
based on the data provided and the relevant document uploaded to support the same.
Therefore the bidders in their own interest shall fill all the relevant information

19.0

Evaluation and comparison of bids

19.1

The corporation reserves the right to accept or reject any offer. Corporation also reserves to
award only part of the work.

19.2

The estimated effect of the price adjustment conditions under variations and deviations of the
conditions of contract, during the period of implementation of the contract, will not be taken into
account in bid evaluation.

19.3

If the bid of the successful bidder is seriously unbalanced in relation to the engineer-in-charge or
his representatives estimate of the cost of work to be executed under the contract, the
corporation may require the bidder to produce detailed rate analyses for any or all items of the bill
of quantities, to demonstrate the internal consistency of those rates with the implementation /
construction methods and schedule proposed. The unbalanced bids are liable to be rejected.

19.4

Any deviation in the commercial terms shall be suitably loaded before evaluation.

20.0

Award criteria

20.1

The corporation shall award the contract to the bidder whose evaluated offer / bid has been
determined to be the technically suitable and financially lowest (L1) and is substantially
responsive to the bidding document, provided further that the bidder is determined to be qualified
to execute the contract satisfactorily. The technically and financially suitable bids in other types of
bids shall be decided as per criteria given in pre-qualification requirement. In case of tie between
two lowest bidders, both the bidders shall be given a chance to offer rebate to decide the lowest
bid. If the situation still remains same the lottery shall be adopted to decide the award.

20.2

L-1 bidder will be required to produce the original documents in support of the information
furnished by him on line for verification and submit photo copy of documents attested by notary as
specified in NIT/e-tender notice. The bidder shall submit the same on any working day within
specified period after issue of letter to this effect. In case the L-1 bidder fails to produce the
documents within the specified period or if any of the information furnished by L-1 bidder on-line
is found to be false during verification of original document, which changes the eligibility status of
the bidder, then the bid shall be disqualified with forfeiture of bid security and banning of the
concerned bidder for participation in future tenders for five years. The next financial lowest
qualified bidder shall be awarded the work subject to producing original document and
photocopies attested by notary.

20.3

Submission of illegible or blank document may render


rejection. Submission of bid will be recognized and
authentication of all information provided in the bid and
general condition of contract, notice inviting tender etc.,
digital signature is legally tenable.

20.4

The corporation reserves the right not to award the work without assigning reason and without
incurring any liability to the bidder or bidders.

the bid non-responsive and liable for


accepted as a certificate regarding
acceptance of all terms & conditions,
since such acceptance by bidder with

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21.0

Notification of award and signing of agreement

21.1

The bidder whose bid has been accepted will be notified of the award by the corporation prior to
expiration of the bid validity period by issue of work order. The notification may also be made
through letter of intent, wherein the work order shall follow.

21.2

The details of award can be seen on web site. The bidders can request for de-briefing in writing
within fifteen days of award. They shall be informed about suitable days to visit the office of the
concerned officer. Requests beyond deadline shall not be entertained.

21.3

The work order will constitute the formation of the contract subject only to the furnishing of a
performance guarantee within 30 days of issue of work order.

21.4

An agreement shall be made and signed by both the parties. The agreement will incorporate all
correspondence between the corporation and the successful bidder, bid documents etc. The bid
document as uploaded on website www.tenderwizard.com/DAE shall be forming part of
agreement. The successful bidder shall be responsible for compliance at his own cost with the
stamp duty act of the state where the agreement is being executed. The non-judicial stamp paper
of appropriate value after adjudication shall be submitted by the successful bidder at his own
cost..

22.0

Corrupt or fraudulent practices

22.1

The corporation requires that bidders / suppliers / contractors under this contract, observe the
highest standard of ethics during the procurement and execution of this contract. In pursuance of
this policy, the corporation:

(a)

defines, for the purpose of these provisions, the terms set forth below as follows:
(i)

corrupt practice means the offering, giving, receiving or soliciting of anything of value to
influence the action of a public official in the procurement process or in contract execution;
and

(ii)

fraudulent practice means a misrepresentation of facts in order to influence a


procurement process or the execution of a contract to the detriment of the corporation, and
includes collusive practice among bidders (prior to or after bid submission) designed to
establish bid prices at artificial non-competitive levels and to deprive the corporation of the
benefits of free and open competition.

(b)

Will reject a proposal for award of work if it determines that the bidder recommended for award
has engaged in corrupt or fraudulent practices in competing for the contract in question.

(c)

will declare a bidder ineligible, either indefinitely or for a stated period of time, to be awarded a
contract / contracts if at any time it determines that the bidder has engaged in corrupt or
fraudulent practices in competing for, or in executing, the contract.

22.2

The bidder may make representation in connection with processing of tender directly and
only to the competent authority (calling tender) as mentioned in the tender document.
However, if such representation is found to be un-sustentative and/ or frivolous and if the
tender has to be closed because of the delays / disruptions caused by such representations
and the job has to be re-tendered, then such bidder will not be allowed to participate in the
re-invited tender.
In case, any bidder while making such representation to competent authority also involves
other officials of corporation and / or solicits/ invokes external intervention other than as may
be permitted under the law and if the tender has to be closed because of the delays /
disruptions caused by such interventions and has to be re-tendered, then the particular
bidder will not be allowed to participate in the re-invited tender.

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23.0

Disclosures

23.1

Any change in the constitution of the contractors firm, where it is a partnership firm, joint venture
or consortium partnerships as declared in the bid should be disclosed to the corporation, at any
time between the submission of bids and the signing of the contract. The same shall be disclosed
during the currency as per the GCC clause number 1.9 (Changes in constitution).

24.0

Concessions for mega power projects

24.1

The applicability of this clause will be as per Schedule A of general conditions of contract.

24.2

Nuclear Power Project of capacity 440 MW or more has been notified as Mega Power
Project. As such, goods required for setting up these projects are subjected to Nil customs
duty as per the extended policy of Government of India (vide customs notification no. 21
dated 1-3-2002 sr. no. 401and as amended from time to time). Similarly, as per the foreign
trade policy 2004-2009 of Government of India, domestic contractors supplying goods for
these projects under the procedures of competitive bidding shall be eligible for benefits of
Deemed Export, which include refund of terminal excise duty (presently given under
paragraph 8.2(j) of the policy and paragraphs 8.2.6 to 8.4.8 of Handbook of procedures)
issued by the Director General of Foreign Trade, Department of Commerce, Ministry of
Commerce and Industry, Government of India. Hence, no customs duty and/or excise duty
on goods shall, therefore, be payable / reimbursable by the purchaser to the contractor. The
purchaser shall, however, make available the requisite documents or certifications as per the
extant rules and procedures for availing the above exemptions / concessions by the
contractor.

24.3

The bidders may like to ascertain the availability of deemed export benefit mentioned as
above. They shall be responsible for obtaining such benefits, which they have considered in
the bid, and in case of failure to receive such benefits the corporation will not compensate the
bidder. However the bidder must give all information required for issue of project authority /
payment certificate in terms of export-import policy of the Government of India along with the
bid. The project authority / payment certificate will be issued on this basis only and no
subsequent change will be permitted. In this regards chapter 8 deemed export in the export
and import policy and handbook of procedures shall be referred to, for ascertaining the
above.

25.0

Purchase Preference for supply of goods or services as per new Public Procurement
Policy for Micro & Small Enterprises (MSEs) under Micro, Small and Medium Enterprises
Development Act, 2006.

25.1

As per the provision of MSEs Policy, the participating bidder registered under MSEs Act in a
tender for supply of goods or services, quoting price within the band of L1+15% would be allowed
to supply a portion of the requirement by bringing down their price to the L1 price, in a situation
where L1 price is from someone other than an MSE. Such MSEs would be allowed to supply up
to 20% of the total tendered value. In case of more than one such eligible MSE, the supply will be
shared proportionately. Further, out of 20% allocation, a sub-target of 4% (i.e. 20% out of 20%)
will be earmarked for procurement from MSEs owned by SC/ST entrepreneurs. However, in the
event of failure of such MSEs to participate in the tender process or meet the tender requirements
and the L1 price, the 4% sub-target for procurement earmarked for MSEs owned by SC/ST
entrepreneurs will be met from other MSEs proportionately. MSME registered with the agencies
listed below for the tendered service only will be exempted from payment of bid security.
The MSEs, who are interested in availing themselves of these benefits, will enclose with their
offer the proof of their being MSE registered with any of the agencies mentioned in the
Notification Ministry of MSE. The MSE must also indicate the terminal validity date of their
registration. Failing of these requirements, such offers will not be eligible for consideration of
benefit detailed in MSE Notification of Govt. of India dated 23-03-2012.

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25.2

MSEs who are interested in availing themselves of these benefits shall enclose with their offer
the proof of their being MSE registered with any of the agencies mentioned in the notification of
Ministry of MSME indicated below:
(i)

District Industries Centers

(ii)

Khadi and Village Industries Commission

(iii)

Khadi and Village Industries Board

(iv)

Coir Board

(v)

National Small Industries Corporation

(vi)

Directorate of Handicraft and Handloom

(vii)

Any other body specified by Ministry of MSME.

Failing above, such offers will not be eligible for consideration of benefits detailed in MSE
notification of Government of India dated 23.03.2012.
25.3

The operational part of this clause shall be as defined in schedule A.

Station Director,
Tarapur Atomic Power Station - 1&2
For & On behalf of the
Nuclear Power Corporation of India Ltd

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ANNEXURE - 1
WORK EXPERIENCE
1.

Name of Work

2.

Agreement / Contract No. / Work


Order No.

3.

Name and address of client

4.

Whether the client in public / private


entity

5.

Date of Start

6.

Stipulated date of completion

7.

Actual date of completion

8.

Extension letter (mandatory in case of


work done for private companies)

9.

Final value of work done on


completion

10.

Ref. to clients completion certificate

11.

If work is done with private entity, the


details of CA certificate.

12.

Value of penalty / LD levied,

NOTE:
1. Separate Performa shall be used for each work. Details of only similar works as defined in the
minimum eligibility criteria shall be submitted. Clubbing of works in completion certificate shall be
avoided. If done same shall be rejected.
2. Only the value of contract as executed by the bidder /member of the JV/ Consortium in his own
name should be indicated. Where a work is undertaken by a group, the portion of the contract which
is undertaken by the bidder / member of JV / Consortium should be indicated and the remaining
done by the other members of the group be excluded while filling the item No. 9.
3. All the details should be supported by documentary proof, for e.g., agreement / work order,
extension letter, completion certificates from client and concerned Consultant/Architect otherwise it
will not be considered.
4. In case the work is executed for private client the following shall be submitted:

Work order with bill of quantities

Extension letter, if work is completed beyond stipulated completion date

Completion certificate with final / last bill.

Stamped and signed certificate by Chartered Accountant giving details of bill wise payment
received, TDS amount, TDS certificate number.

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ANNEXURE 2
FINANCIAL DATA
(ANNUAL TURNOVER)
This is to certify that the financial turnover of M/s ------------------------------------------------ is as underSR.
NO.

DESCRIPTION

AUDITED FINANCIAL DATA FOR LAST THREE


FINANCIAL YEARS

1.

Profits/ loss before taxes

2.

Profits/loss after taxes

3.

Annual turnover

Year

Year

Year

2014-15

2013-14

2012-13

NOTES :
1. Separate Performa shall be used for each member in case of JV / Consortium. All such
documents reflect the financial data of the bidder or member in case of JV/ Consortium, and
not that of sister of parent company.
2. The financial data in above format shall be certified by Chartered Accountant / Company
Auditor under his signature and seal having membership no. and firm no.
3.

In case audited turnover of the last financial year is not made available by the bidder, he
has to submit a certificate by a CA certifying that the balance sheet has actually not been
audited so far. The certificate shall be signed by bidder also. In such case the financial data
of previous three audited financial shall be taken into consideration for evaluation.

We have obtained all the information which to best of our knowledge and belief was necessary for the
purpose of certification. The certification process involves examining the supporting documents.

(Seal, membership no. and signature of CA)

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 22 of 75

ANNEXURE 3 A
FINANCIAL DATA
(Value of work done during the latest last five audited financial years)

SR.
NO.

DESCRIPTION

FINANCIAL DATA FOR LAST 5 AUDITED FINANCIAL YEARS


Year

Year

Year

Year

Year

2014-2015

2013-2014

2012-2013

2011-12

2010-11

II

III

IV

Total value of work done


as per audited financial
statements

NOTES :
1.

Separate Performa shall be used for each member in case of JV / Consortium.

2.

All such documents reflect the financial data of the bidder or member in case of JV / Consortium, and not that
of sister or parent company.

3.

The financial data in above format shall be certified by Chartered Accountant / Company Auditor under his
signature & stamp, membership number.

(Signature, membership no. and seal of chartered accountant)

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 23 of 75

ANNEXURE 3B
FINANCIAL DATA
(EXISTING COMMITMENTS & ONGOING WORKS FOR CALCULATING BID CAPACITY)

Description
of Work

Place
&
state

Contract
No. &
Date

Name &
Address
of Client

Value of
Contract
(In Rs)

Stipulated
period/date
of
completion

Value of
work
remaining
to be
done (in
Rs)

Anticipated
date of
completion

Remarks

TOTAL (FOR ALL ONGOING WORKS)

NOTE :
1. Separate Performa shall be used for each member in case of JV / Consortium.
2. Bidder or member in case of JV / Consortium should provide information on their current
commitments for all contracts that have been awarded or for which a letter of intent or acceptance
has been received or for contracts approaching completion but for which a completion certificate
is yet to be issued even if completion of such works spills over beyond completion period of this
contract.

(Signature, membership no. and seal of chartered accountant)

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 24 of 75

ANNEXURE 4
THE DETAILS OF BLACK LISTING / DE-REGISTRATION / HOLIDAY IN CENTRAL STATE
G0VERNMENT, PSU & PUBLIC BODIES

Sr.No.

Name of
Client

Work Order/
Agreement No.

Value of
work in
lakhs

Blacklisting
period

Reasons

Letter no.
informing of
black listing

NOTES:
1.

The bidder shall submit the details of black listing /de-registration / holiday by any central / state
government department or public sector undertaking. The relevant letter shall be scanned and
uploaded,

2.

In case of JV / Consortium, the undertaking shall be submitted by each member of JV /


Consortium.

3.

The undertaking shall be signed by authorized signatory of the bidder or constituent member in
case of JV / Consortium.

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 25 of 75

ANNEXURE 5
Information of litigation history in which the bidder is involved

Client &
Address

Work Order
No.

Name of Work

Cause of
dispute

Amount

Remarks and
the present
status

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 26 of 75

ANNEXURE 6
REGISTRATION WITH MSME

Name & Address of


Registering Authority

Class of Registration

Name of Service

Valid up to

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 27 of 75

ANNEXURE-7
Tax information to be provided by the bidders during submission of bid along with BOQ in excel
sheet
Sr no

Nature of tax

1.0

Excise Duty

1.1

Have you included excise duty in the bid price?

Response by bidder

YES
NOT APPLICABLE

1.2

If YES, Confirm you shall furnish duty paying documents in


original and comply with the procedural requirements and
conditions at the time of billing to NPCIL.

1.3

Excise Duty Registration Number

2.0

Sales Tax

2.1

Have you included VAT /CST in the bid price?

APPLICABLE /
NOT APPLICABLE

2.2

If VAT / CST is not applicable, the reason thereof:

1. Being pure labour contract.


2. Being exempted goods.
3. Any other reason (please
state)

2.3

If YES, please indicate what option of taxation is adopted by


you.

A-1 Actual Labour Deduction


(Legal Option)
A-2 Standard Labour
Deduction (Legal Option)
B - Composition Tax

2.4

VAT TIN and CST TIN

VAT:

(if unregistered, mention so)

CST:
Unregistered

2.5

Confirm Tax Invoice as provided under the respective


State VAT Rules shall be issued while billing.

3.0

Service Tax

3.1

Whether service tax is applicable?

APPLICABLE /
NOT APPLICABLE

3.2

If Not Applicable, the reason thereof.

3.3

Service Tax Registration number

3.4

The Constitution of the bidder.

1. Individual
2. firm

Please state whether you are a:

3. LLP
4. Company

4.0
5.0

Permanent Account Number of the bidder


Any other information you would like to give, please state.

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 28 of 75

ANNEXURE-8
Certificate to be furnished by the Contractor along with the Invoice/bills where Value Added Tax/Central
Sales Tax is claimed in the quoted rates.
Certified that:
1. Goods on which Value Added Tax / Central Sales Tax claimed are not exempted from payment of
VAT / CST under the provisions of respective statutes.
2. I/We, as a Registered Dealer, is/are being assessed to VAT/CST and our VAT TIN is
___________________ and CST TIN is __________________
3. I/We, hereby certify that my/our Registration Certificate is in force on the date on which the sale
of the goods included in this invoice is made by me/us and that the transaction of sale covered by
this invoice has been effected by me/us and it shall be accounted for in the turnover of sales
while filing of return and the due tax, if any, payable on the sale has been paid or shall be paid.

Signature of Contractor or their Authorized Representative


(Stamp)

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 29 of 75

ANNEXURE-9
Certificate to be furnished by the Contractor along with the Invoice/bills where Service Tax is claimed.
Certified that:
1. Services on which Service Tax claimed are taxable under category __________________ (name
of service) and not exempted from payment of Service Tax under the provisions of extant Rules.
2. I/We, are registered with Central Excise Department and our Registration Number is
_______________________
3. I/We, hereby certify that my/our Registration Certificate is in force as on date and that the
transaction covered by this invoice has been effected by me/us and it shall be accounted for in
the turnover while filing of return and the due tax payable has been paid or shall be paid to the
Government Account.

Signature of Contractor or their Authorized Representative


(stamp)

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 30 of 75

ANNEXURE 10
UNDERTAKING TO BE FURNISHED ONLINE BY THE BIDDER
I DO HEREBY UNDERTAKE
1. That all the information being submitted by me is genuine, authentic, true and valid on the
date of submission of tender and if any information is found to be false at any stage of
tendering or contract period I will be liable to the penal actions as prescribed in NIT.
2. That I accept all terms and conditions of NIT, including general terms and condition,
special / additional terms and conditions, addendum, corrigendum, clarifications as stated
there in the tender document as available on the website.
3. That I am giving my consent for e-payment.
4. That I do authorize corporation for seeking information / clarification from by bankers,
clients having reference in this bid.
5. That I have uploaded photo copies of all relevant documents as prescribed in the tender
document in support of the information and data furnished by me online.
6. That I accept all the undertakings as specified elsewhere in the tender document.
7. That this online agreement will be a part of my bid and if the work is awarded to me /us,
this will be a part of our agreement with corporation.

(bidder)

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 31 of 75

ANNEXURE 11
APPLICATION FORM FOR BIDDERS / CONTRACTORS FOR ENTERING
SITE IN CONNECTION WITH TENDER FOR CONTRACT WORKS
1.

Name of the person

2.

Name of the firm / company

3.

Age

4.

Details of identification proof*

5.

Designation

6.

Address

7.

Contact No.

Landline/ Mobile No.


8.

E-mail ID

9.

Purpose of visit

10.

Person whom you want to meet :

11.

Date of visit

12.

Time of visit

13.

Vehicle No.

14.

Drivers name & age

15.

Additional persons, if any *

16.

Name

Age

Designation

Remarks

*Photo ID Proof in any form of PAN Card, Voters ID, Bank Pass Book, Ration Card, Driving License, any
other ID card issued by Government etc. shall be produced at CISF Main gate for entry. Mobile phones,
laptop and any other electronic device are not permitted.
The information given above is true to the best of my knowledge.

Signature of the bidder with date.

______________________________________________________________________________________________________

Tender No. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 32 of 75

SECTION - II
MEMORANDUM OF AGREEMENT

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 33 of 75

SECTION - II
MEMORANDUM OF AGREEMENT
(a) For Item Rate Tender:
I/We hereby tender for the execution for the Nuclear Power Corporation of India Limited of the work
specified in the underwritten memorandum within the time specified in such memorandum at the rate
specified therein, and in accordance in all respects with the specifications, design, drawings and
instructions in writing referred to in Rule 1 hereof and general conditions of contract and with materials as
per provided for by and in all respects in accordance with, such conditions as far as possible.
MEMORANDUM
a) General Description of work

:Providing Services of Nursing & Paramedical Staff,- Trained


qualified nurses, Pharmacists, Pathology Laboratory technician,
X-ray technician and Physiotherapist for TAPS Hospital, TMS.

b) Estimated cost

: As per Clause No. 1.3 of e-Tender Notice.

c) Bid Security

: As per Clause No. 1.4 of e-Tender Notice.

d) Security Deposit

: As per Clause No. 4.2 of General Conditions of Contract.

e) Time of completion

: As per Clause No. 1.7 of e-Tender Notice.

RULE:1
Should this tender be accepted, in whole or in part, I/We hereby agrees (i) to abide and fulfill all terms and
provisions of the said conditions annexed hereto and all the terms and provisions contained in the notice
inviting tenders so far as applicable, and/or in default thereof to forfeit and pay to Nuclear Power
Corporation of India Limited or his successors in office, the sum of money mentioned in the said
conditions. A Draft/Bank guarantee of a scheduled commercial bank has been deposited as Bid Security.
If I/We fail to furnish the prescribed performance guarantee within prescribed period, I/We agree that the
said NPCIL or his successors in office shall without prejudice to any other right or remedy, be at liberty to
forfeit the said bid security absolutely, Further, if I/We fail to commence the work specified in the above
memorandum, I/We agree that the said NPCIL or his successors in office shall without prejudice to any
other right or remedy, be at liberty to forfeit the said bid security absolutely and cancel the award of work.
I/We agree to execute all the works referred to in the tender document upon the terms and conditions
contained or referred to therein and to carryout such deviations as may be ordered, upto maximum of the
percentage mentioned in Clause 11.2.1 of General Conditions of Contract and those in excess of that
limit at the rates to be determined in accordance with the provisions contained in General Conditions of
Contract. I/We hereby declare that I/We have been debarred/not debarred and/or delisted/ not delisted by
any Govt./PSU.+
Dated the_____________________________ day of __________________ 20______________

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 34 of 75

++ M/s.____________________________________________ Signature______________________
Witness+++ _______________________Signature____________________________________
Address _____________________________________________
_____________________________________________
Occupation ________________________________________________
The above tender is hereby accepted by me for and on behalf of Nuclear Power Corporation of India
Limited.
Dated the ___________________________day of _________________ 20 ________________
Signature ++++_________________________________________________________________
_________________________________________________________________

Bidder is advised to read carefully and strike out whichever is not applicable and furnish details
wherever applicable.

++

Signature of contractor before submission of tender

+++

Signature of witness to contractors signature

++++

Signature of the Officer by whom accepted

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 35 of 75

b) For Piece work Tender :


I/We hereby tender to execute for the Nuclear Power Corporation of India Limited (NPCIL) the under
mentioned description of work on a Piece Work basis in accordance, all respects, with the specifications,
designs, drawings and instructions in writing referred to in Rule 1 hereof and the conditions of contract in
consideration of payment being made for the quantity of work executed at the rate specified in the
following schedule.
MEMORANDUM
a) General Description :
of work

____________________________________________________

b) Bid Security

` __________________________________________________

(Rupees______________________________________________
______________________________________________)
c) Amount if any, to be :
deducted from bill

`
(Rupees______________________________________________
____________________________________________________)

d) Percentage to be
deducted from bills

Name of work

No. of Item

Percent______________________________________________)

Clause
&
Description Unit of
Rate work to be
executed

Unit of calculation

Rate of item

---Schedule Attached---

Should this tender be accepted I/We agree to abide by and fulfil conditions contained in the tender
document which have been read by me/received and explained to me for as applicable, or his successors
in office the sums of money mentioned in the said conditioned, without prejudice to any other right of the
NPCIL.
Note: 1. Piece work is that which involves the payment of work done at stipulated rate only without
reference to a total quantity or time.
2. A separate schedule should be attached in case where the space provided herein found to be
inadequate.
_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 36 of 75

Give the particular and numbers.


The sum of Rs. is herewith forwarded (details of remittance made_________) as Bid Security, the full
value of which is to be absolutely forfeited to the said NPCIL or his successors in office, without prejudice
to any other rights or remedies of the said NPCIL or his successors in office should I/We fail to commence
the work specified in the above schedule.

Witness:

Signature:

Address :

The above tender is hereby accepted by me on behalf of NPCIL.


Dated the

day

of 201____

Signature of the Officer

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 37 of 75

TENDER FORM
(TO BE FILLED AND SIGNED BY THE CONTRACTOR)
To,
Nuclear Power Corporation of India Ltd.,
(Hereinafter referred to as the Corporation)

I/We have read and examined the following documents relating to ______________________________
__________________________________________________________________________________
(Name of the Works)
(a) Notice Inviting tender.
(b) Schedules A, B & C
(c) Technical Specifications
(d) Drawings
(e) General Conditions of Contract including Contractors Labour Regulations, Model Rules for
Labour Welfare and Safety guide appended to these conditions together with the
amendments thereto if any.
(f) Special Conditions of contracts
(g) Schedule of quantities and Rates (referred to in the General Conditions of Contract as
Schedule of Rates) together with Amendment if any.

I/We hereby tender for execution of the works referred to in the aforesaid documents upon the terms and
conditions contained or referred to therein and in accordance in all respects with the specifications,
designs, drawings and other relevant details at the rates contained in Schedule of Quantities and Rates
and within the period(s) of completion as stipulated in NIT.
In consideration of I/We being invited to tender. I/We agree to keep the tender open for acceptance for
....... days from the due date of submission thereof and not to make any modifications in its terms and
conditions which are not acceptable to the Corporation.
A sum of Rs __________ is hereby forwarded in Demand Draft payable at __________/Deposit at Call
Receipt of any scheduled commercial bank as Bid Security. If I/We fail to keep the tender open as
aforesaid or make any modifications in the terms and conditions of the tender which are not acceptable to
the Corporation, I/We agree that the Corporation shall without prejudice to any other right or remedy, be
at liberty to forfeit the said bid security absolutely. Should this tender be accepted, I/We hereby agree to
abide by and fulfill all the terms, conditions and provisions of the aforesaid Documents.
_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 38 of 75

If, after the tender is accepted, I/We fail to commence the execution of the works as provided in the
conditions, I/we agree that the Corporation shall without prejudice to any other right or remedy be at
liberty forfeit the said bid security absolutely.

Signature of the capacity of ____________________________


Duly authorised to sign the tender on behalf of the
(In Block Capitals)____________________________________
___________________________________________________
Dated ______________________________________________
Postal Address _______________________________________
Telegraph Address ____________________________________
Telephone No./Fax/Telex No ____________________________

Seal of the Company/Firm

Witness ___________________________
Date______________________________
Address ___________________________

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 39 of 75

AGREEMENT
Agreement for the Work of PROVIDING SERVICES OF NURSING & PARAMEDICAL STAFF,TRAINED QUALIFIED NURSES, PHARMACISTS, PATHOLOGY LABORATORY TECHNICIAN, X-RAY
TECHNICIAN AND PHYSIOTHERAPIST FOR TAPS HOSPITAL, TMS. Agreement made this
__________ day of __________2016 between the Nuclear Power Corporation of India Limited, (A
Government of India Enterprise), acting through the STATION DIRECTOR, TARAPUR ATOMIC POWER
STATION - 1&2, (hereinafter called the CORPORATION) of the one part and
M/s.________________________________________________________________________________
___________________________________________________________________________________

(Herein after referred to as the Contractor) of the other part.


WHEREAS the aforesaid STATION DIRECTOR, TARAPUR ATOMIC POWER STATION - 1&2, on
behalf of the Corporation invited tenders for the work of PROVIDING SERVICES OF NURSING &
PARAMEDICAL

STAFF,-

TRAINED

QUALIFIED

NURSES,

PHARMACISTS,

PATHOLOGY

LABORATORY TECHNICIAN, X-RAY TECHNICIAN AND PHYSIOTHERAPIST FOR TAPS HOSPITAL,


TMS." WHEREAS the tender of the Contractor was accepted and work awarded to the Contractor by the
Corporation

under

this

letter

No.(i.e.

W.O.

No.___________________________________________________________ dt.______________
AND WHEREAS the Contractor has accepted the work order for the work aforesaid in their letter No.
___________________________________________________________ dt. _____________________
Now the agreement, witness and it is hereby agreed by and between the parties hereto as follows:
I)

This agreement, inter alias, consisting of (section I to VII inclusive) hereto annexed contains the
entire agreement between the parties. All other previous and collateral arrangements,
representations, promises and conditions are superceded by the contract and shall not be binding
on either party. All the work executed by the Contractor under the work order and undertaking
given under the terms and conditions of the agreement.

II)

In consideration of the payments to be made by the Nuclear Power Corporation of India limited to
the Contractor as mentioned in the contract the Contractor hereby covenants with the Corporation
to carry the work of PROVIDING SERVICES OF NURSING & PARAMEDICAL STAFF,TRAINED

QUALIFIED

NURSES,

PHARMACISTS,

PATHOLOGY

LABORATORY

TECHNICIAN, X-RAY TECHNICIAN AND PHYSIOTHERAPIST FOR TAPS HOSPITAL, TMS.


On the terms and conditions as mentioned in this contract.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 40 of 75

III)

The corporation hereby covenants to pay to the Contractor in consideration of the aforesaid work,
in the manner mentioned in this Contract.

In

witness

whereof

Shri.

___________________,

the

Contractor

and

Shri.

___________________ (work order signing authority) for and on behalf of the Corporation and
the Contractor have hereunto affixed their seals and signature the day, month and year here in
above written.

For & on behalf of the Nuclear Power


Corporation of India Limited

: Witness Signature

__________________________

: Name

__________________________

: Address

__________________________

Signature of the Contractor


For & on behalf of
M/s. _______________________
: Witness Signature

__________________________

: Name

____________________________

: Address

____________________________

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 41 of 75

SECTION -III
SPECIAL CONDITIONS OF CONTRACT

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 42 of 75

SECTION III
SPECIAL CONDITIONS OF CONTRACT
1.0

SCOPE OF WORK :
Item wise Scope of work shall be as mentioned in the Technical Specification i.e. SectionV of
tender document.

2.0

SITE LOCATION :
The bidder may please note that Boisar Railway Station of Western Railway which is 98 Km.
North from Bombay Central in Dist Palghar, Maharashtra. TMS plant site and TMS Township is
located at about 15 km and 03 km respectively from Boisar railway station.

3.0

SECURITY RULES :
The contractor shall follow all security rules as may be framed by the corporation from time to
time regarding movement of materials and equipment to site, issue, cancellation, deposition, loss
etc. of identity cards, control of entry of personnel etc.. The contractor and his personnel shall
abide by all security measures imposed by the Engineer or his duly authorized representative
from time to time. Contractor shall also follow all rules and regulations applicable in the event of
subject area being declared /proclaimed under emergency from time to time by existing Nuclear
Power Stations in the vicinity or by any other statutory order. Nothing extra will be payable on
account of stoppage/ hindrance of the work on this account.
The contractor should apply for issue of identity cards with photo for all his employees which
should be displayed while on duty. The photo identity card shall be issued by the TAPS-1 to 4
security section. Police verification shall be done by contractor at his own cost. Intermittently and
specifically at the end of contract period all the identity cards shall be accounted for. The expired
cards and all the cards after completion of work order shall be submitted to security section for
cancellation. Failing this a penalty of Rs. 200/- per missing card shall be levied. The contractor
has to submit a copy of report to local police station regarding missing photo passes.

4.0

SIGNING OF AGREEMENT:

4.1

The successful Bidder shall enter into contract and shall execute and sign the Contract
Agreement in accordance with the Articles of Agreement.

4.2

Client shall prepare the draft Articles of Agreement in the Proforma included in this Document,
duly incorporating all the terms of agreement between the two parties and send the same in
duplicate to the successful Bidder for their concurrence.

4.3

The successful Bidder shall return the duly concurred copies of the draft Articles of Agreement
within Two (02) days of receipt of the draft Articles of Agreement from Client, duly printed on the
correct amount of stamp paper at his own cost, duly adjudicated by the registrar of
stamps where the contract is proposed to be executed. An excerpt of the Article-63 of
Bombay Stamp Duty Act, 1958, regarding the value of the stamp paper to be used, is reproduced
below as a guideline. However, the value of the stamp paper shall be as per aforesaid act
amended up to date prevailing at the time of entering into contract:
a)

Where the amount or value of set forth in


such contract does not exceed rupees ten
lakh

One hundred rupees

b)

Where it exceeds rupees ten lakh

One hundred rupees plus 100 rupees for


every rupees 1,00,000 or part thereof, above
ten lakhs subject to maximum of rupees five
lakh.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 43 of 75

4.4

The competent authority of the Client shall sign the Contract agreement and return a copy of the
same to the successful bidder.

4.5

The agreement before execution shall be got vetted by F&A group along with value of stamp paper
value.

5.0

FACTORS TO BE CONSIDERED FOR ARRIVING AT DAILY WAGES WHILE QUOTING:-

i.

Minimum Wages for different categories of laborers shall be considered as prevailing wages of
the Maharashtra Government or Central Government which ever is higher. At Tarapur
Maharashtra Site (TMS) the minimum wages under the provisions of Minimum wages Act, 1948
as notified from time to time by HR group, TMS for Construction or Maintenance of Road or
in Building Operation shall be applicable. ( Not applicable)
The present rates of minimum wages w.e.f. 01/07/2015 are given below:Minimum rate of wages w.e.f.
01/07/2015 in (`)

Sr.
No.

Category of Employees

1.

Skilled

` 461.46

2.

Semi skilled

` 434.54

3.

Unskilled

` 415.31

ii.

Factor to take care of increase in minimum wages as notified from time to time during the contract
period where escalation is not applicable.

iii.

EPF component as per provision of EPF & MP Act 1952 shall be taken into account while
quoting the rate.

iv.

NPCIL Special Allowance to the tune of 25% of the minimum wages of respective category to be
paid to the contract workers. ( Not applicable)

v.

Contract manpower working at plant site shall be paid Rs.30 each and for township Rs.20 each
towards transportation allowance

vi.

Industrial Safety & security charges covers for PPE like Safety Shoes and Safety gears, labour
license, medical fitness, expenses for Police Verification, restricted entry for the workmen and
other associated charges.

vii.

Charges for uniform comprising of a Trouser and Shirt (2 Nos. in a year) for male employee and
sari/salwar suit OR Standard Uniform for Nurses (2 Nos. in a year) for female employee for
contract period more than three months.

viii.

Charges for Audiometry and medical test for getting TLD cards / working in high noise area /
working at height.

ix.

Contractor has to issue pay slip to the contract workers as per given format.

x.

Bonus as per the act has to be paid and shall be shown separately in wage slip issued to
contractor employees. ( Not applicable)

xi.

As per act wages of the workers are to be disbursed with in seventh day of the every month. If
contractor fail to do the same then penalty @ of 0.1% of work order value for delay of each week
shall be recovered from the respective bill of the contractor. Levy of penalty does not abrogate
contractor from his responsibility for disbursement of wages as per the Payment of wage act.
NPCIL shall not be liable for any damage or compensation payable.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 44 of 75

xii.

All taxes and duties, insurance/policies excluding service tax and cess, for which reimbursement
shall be paid separately on actual amount / premium paid after submission of documentary
evidence. The policy should be taken considering actual wages. When the monthly wages are
more than ` 8000/- per month it will be deemed ` 8000/- for calculating the premium for policy
(According to Employee Compensation Act 1923.) in case of delay in submission of policy as
per tender condition shall result in levy of non returnable penalty equivalent to 3 times the
Premium required to be paid. Levy of penalty does not absolve contractor from his responsibility
regarding Insurance and risk cover. NPCIL shall not be liable for any damage or compensation
payable.

6.0

Criteria for rejection


Quotation, which are less than minimum wages, NPCIL special allowance, Transport allowance,
EPF contribution (if applicable), Bonus, are liable for rejection for manpower (unskilled,
semiskilled and skilled categories)contract or where minimum No. of manpower are mentioned in
the contract.

7.0

Compliance requirements

i.

To ensure the compliance of payment of statutory levies by contractor, the documentary evidence
of registration towards EPF(if applicable), Service tax and Professional tax shall be submitted
st
before 1 R.A. Bill and documentary evidence of premium paid towards workmen compensation
policy, CAR policy (if applicable) and third party insurance etc. shall be submitted before
commencement of work. Contractor shall submit documentary evidence of remittance of EPF
by next RA bills along with the challan (work order vise) submitted to PF office (if applicable).

ii.

Implementation of all the provisions of the EPF & MP Act, 1952 in respect of the contract workers
engaged by various contractors in NPCIL shall be to the extent as provided in the EPF & MP Act,
1952, as amended from time to time.

iii.

The deployment of contractors supervisory staff shall be in accordance with schedule- A.

iv.

Penalty for inadequate deployment: The penalty for inadequate deployment shall be as per
Schedule A.

v.

Penalty for late disbursement of wages @0.1% of work order value for delay of each week .( as
per clause no. 5 - xi of section - III).

vi.

Penalty for late submission of labour license and or less in number than required under Labour
License as applicable shall result in levy of non-returnable penalty equivalent to 3 times the
premium required to be paid on pro-rate basis on per day per person basis. Contractor shall
ensure the submission of receipt of application within 10 days of issue of FORM-V failing which
penalty shall be imposed and recovery date shall be reckoned from the 11th day subsequent to
issue of FORM-V. Levy of penalty does not absolve contractor from his responsibility regarding
Labour License.

vii.

Penalty for late execution of agreement shall result in levy of non-returnable penalty of Rs. 10.00
as per day beyond the stipulated period by which agreement should have been executed as per
Tender Conditions, subject to max. Rs 1000.00/- but prior to 2nd RA bill. Signing of agreement
shall be completed within following time schedule:

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 45 of 75

viii.

The contractor shall take an Insurance policy before commencement of the work. Quoted rate
shall be including the premium amount of insurance policy.
In case of delay in submission of insurance policies as per tender condition shall result in levy of
non returnable penalty equivalent to 3 times the Premium required to be paid for each type of
insurance i.e. CAR policy (if applicable), Third Party Insurance, Workmen Compensation Policy
separately. Levy of penalty does not abrogate contractor from his responsibility regarding
Insurance and risk cover. NPCIL shall not be liable for or in respect of any damage or
compensation payable. The work order is liable for rejection in case or repeated / continuous non
compliance.

ix.

When the estimates are based on the NPCIL pay scale (for technician Grade I&II, supervisor
Grade I&II and Engineer Grade I&II) the minimum equivalent Gross Salary include perks shall
not be less than Band Pay + Grade Pay + DA + EPF + Transportation allowance. This shall be as
per schedule A clause 30.

x.

Wage Slip /Wage register shall indicate payment towards Minimum wages, NPCIL Special
allowance, transportation overtime, bonus, PF and deduction if any as per wage slip Compliance
shall be submitted with each RA Bill and same has to be certified by NPCIL representative. The
contractor shall inform the ENC in writing about the date and time of labour payment to facilitate
witnessing of the same.

xi.

The contractor has to pay wages to all the employees in their bank account through RTGS /
account payee cheque except in the following conditions:a)

First month of the contract.

b)

The completion period of work order is less than three months.

c)

The work is being executed in vendors premises.

d)

Petty work.

e)

In case of contract period of more than three months, only the employee who is deployed
for less than a months duration can be paid in cash.

In case of Sr. No. (a) & (e) above the contractor has to make wages payment to employee in
cash in presence of engineers representative. The contractor shall inform the engineer in writing
about the date and place of wage disbursement well in advance.
The contractor has to arrange for opening of bank account for his employees at his own cost.
The contractor shall submit the muster roll and details of transfer of money to bank account to
ENC within three days of due date of wage disbursement.
_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 46 of 75

8.0

PREFERENCE TO PROJECT AFFECTED PERSONS :


Contractor shall employ their employees, preferably from amongst the project affected eligible
persons. Contractors, if asked by engineer, shall submit regularly in a prescribed proforma; a list
of such eligible project affected persons employed by him through out the contract period.

9.0

BANK GUARANTEE :
Bank / performance guarantee submitted by contractor is subject to verification by NPCIL directly
through issuing bank. The contractor is required to facilitate the verification.

10.0

PROVISION OF UNIFORM (This Clause is applicable for contract period more than 3
months):The contractor shall at his own expenses provide uniform and footwear etc. for all labourers
engaged on work to the satisfaction of the employer during entire period of work order. On his
failure to provide the uniform and footwear to the workers, employer may deduct an amount of `
600/- and ` 400/- respectively. Employer may recover this amount from any amount due or which
may become due to the contractor or from any amount lying with them or under their control. The
minimum uniform shall be overcoat type half shirt with firms name printed on back & Standard
Uniform for Nurses . The uniform to be provided by contractor shall be of different colour and
shade than that of NPCIL employees.

11.0

RATES :11.1 Item rates shall be including all the taxes and duties, insurances/policies (like employee
compensation policy, CAR policy, third party insurance etc.) except service tax & cess /
surcharge there on, and same shall be reimbursed separately on actual payment basis on
submission of documentary evidence.
11.2 Labour CESS is not applicable for works at plant site and at Town ship.

12.0

13.0

Contractor would give preference to those employees who either have Aadhar No. or have applied
for Aadhar Card or agree to apply for Aadhar Card to establish their genuiness and payments
may be made to the through Aadhar payment Bridge to the extent possible.
LABOUR LICENSE
The contractor shall apply for issue of Form-V as soon as work order is issued, in case labour
license is to be obtained.

14.0

The following documents are to be submitted:a)

Before commencement of work :-

i.

CAR policy (if applicable), third party liability and Employees compensation policy (in
original) as per schedule - A.

ii.

Work order acceptance letter.

b)

For payment of the First RA Bill, the contractor shall furnish the following
documents.

i.

Performance guarantee as per clause 4.2.3 of general conditions of contract shall be


submitted within 30 days after issue of work order.

ii.

Copy of registration of sale tax/ excise duty/VAT. If this is not applicable then contractor
shall submit an undertaking.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

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15.0

iii.

Copy of registration of EPF along with the PF account no. of the employees. Challans for
EPF for previous month shall be submitted along with subsequent RA bill (if applicable).

iv.

Partnership deed of firm in case of partnership firm or power of attorney of the


representative in case of company.

v.

Bank details, address, RTGS number etc.

vi.

Copy of Service Tax registration

vii.

Copy of Professional tax registration

viii.

Copy of PAN card in name of firm / individual (in case propriety firm).

ix.

Labour license if applicable.

x.

Copy of wage register witnessed by NPCIL representative for the bill period, bank
transfer details.

xi.

Contract agreement on non judicial stamp paper as per stamped duty act.

xii.

ESIC registration (if applicable)

c)

Contractor / suppliers shall submit the service tax invoice (indicating Invoice No., Date,
Name and Address of contractor, Service Tax No. & PAN No.) along with WCMS bill. The
bill will not be processed for payment till the tax invoice is made available to F&A section.

d)

For payment of the Final Bill, the contractor shall furnish the following documents:

i.

The contractors shall indemnify, on stamp paper of appropriate value, before settlement
of final bills that provisions of EPF & MP Act, 1952 as applicable have been complied
with and he will stand responsible for any future claims, in this regard, received through
Central and State Government.

ii.

The contractor has to take clearance from HR group of TMS before release of final bill
that bonus has been paid to all employees.(If applicable)

iii.

The contractor has to take No Objection Certificate (NOC) if applicable from safety
section, stores, health physics section, HR / HS Section and security section before
release of final bill that no dues / issues are pending from the respective sections.

SHORT CLOSURE OF CONTRACT:TMS, NPCIL shall have right to close the Contract awarded under this Tender on or before
st
31 August 2016 irrespective of any stage of execution. Under such situation, the contract
shall not have any right for any claim from NPCIL towards the Compensation for the
SHORT CLOSURE of this contract.

16.0

SPECIFIC SPECIAL CONDITION OF CONTRACT:

16.1

The entire work handled shall be treated as confidential. Contractors personnel shall not retain
copy of any material handled by them. They shall not divulge any information coming to their
knowledge during the execution of the work.

16.2

The manpower being engaged shall be subjected to written and / or oral exams (Proficiency Test)
before deployment on the work. The payment for the work will be made from the date they have
cleared the test and allowed on the work by the Officer In-Charge.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 48 of 75

16.3

In case the person engaged is not found up-to the standard during the execution of contract, it
shall be the responsibility of the contractor to replace the same within 3 days.

16.4

Contractor should give periodical Training / behavioral training as the tasks need to deal with
CHSS beneficiaries.

16.5

Contractor should give training (with help from TAPS hospital) regarding proper handling of
biomedical waste in TAPS hospital. Proper hygiene must be maintained. Universal
precautions must be followed.

16.6

All the documents provided to the contractor shall be returned back to the Officer In-charge
immediately dafter completion of the job.

16.7

The Contractor has to prepare and maintain the records related to entry passes for his man
power etc.

16.8

The bidder may please note that the quantities shown in Bill of quantities are approximate and
may vary, however, the quantities are based on the following requirements:a) SOQR Item No. 1:- 28 persons are required on per day basis. ( 7 Male Nurse And 21
Female Nurse)
b) SOQR Item No. 2:- 4 persons are required on per day basis.
c) SOQR Item No. 3:- 4 persons are required on per day basis.
d) SOQR Item No. 4:- 2 persons are required on per day basis.
e) SOQR Item No. 5:- 1 person is required on per day basis.

16.9

Minimum average attendance for above said items per month per person is 21 days; failing
which a penalty @ 1.5 times of your quoted / accepted rates shall be recovered, however,
monthly average shall be considered for arriving the levy of penalty under respective items.

16.10

Definition of unit for all items (i.e. TASK) One task is defined as 08 Hrs. prescribed duty by
one person for one day for carrying out the respective activities as defined.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 49 of 75

SECTION - IV
GENERAL CONDITIONS OF CONTRACT

Please see Web site www.tenderwizard.com/DAE/Downloads for

General Conditions of Contract which will form part of the Bid.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 50 of 75

SCHEDULES COVERED UNDER CLAUSE 18 OF GCC


SCHEDULE A
SN
1.
2.

Clause no. of
GCC
NIT 24.0
NIT 25

3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

1.1.1
2.1.3
4.14.1
4.14.1
4.19.2
4.22.1
4.23.2
4.23.2(i)
4.24.2
5.6.3

13.

5.6.4

14.

5.6.14

15.

5.6.15

16.
17.

7.8.1
7.8.2

18.

7.9.3

19.

9.1.1

20.
21.

9.1.6

11.3.3
11.3.4

Description

Stipulation

Applicability of Mega Power Project Concession


Purchase preference to MSE registered bidders
a) Waiver of submitting bid security
b) Splitting of quantity for award to MSE
Accepting authority
Time by which possession of site will be given
Availability of electricity
The rate at which electricity will be charged
Number of trees to be planted by the contractor
Number apprentices to be trained by the contractor
Availability of water supply by corporation
Water charges
Land availability for contractors colony
Penalty, for not providing arrangements and
facilities as per safety guidelines

No
No
Yes
No
SD (TAPS 1&2)
IMMEDIATE
Yes
Free of charge
Not applicable
Not applicable
Yes
Free of charge
No
Rs. 1000/- for first violation &
subsequent Rs. 2000/- per
violation subject to maximum
up to 2% of Contract value
Yes

Industrial safety training to be provided by


corporation
Minimum number of safety professionals to be
deployed by contractor
Penalty, for not deploying the minimum number of
safety professionals
Applicability of the incentive clause
Maximum percentage of the contract value, which
shall be paid as incentive
Compensation for suspension (entire work) beyond
30 days (per day rate)
Defect liability period for the contracts mentioned
below
Applicability of liability towards latent defect
Applicability of escalation clause
Various components expressed as a percentage of
contract value
Fixed component (Non-escalable)
Unskilled labour component (lu)
Skilled labour component (ls)
Semi-skilled labour component (lu)
Material component
____________ (m)
____________ (n)
___________ (o)
___________ (p)
All other materials (q)
P.O.L. component (d)
Nearest Petrol pump to be considered for petrol
prices (P.O.L.)

NA
NA
NA
NA
Not Applicable
One month
NA
Not Applicable

NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
Boisar

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 51 of 75

22.

12.1.4

23.

12.2.1

24.

12.5.1

25.

15.1.1

26.

27.

The rate of interest to be charged for mobilization


advance.
Applicability to submit the bills and measurement in
Computerized form.
Simple interest for delayed payment
a) Workman Compensation Policy
b) Third Party liability @ 10% of the maximum
of rupees 50.00 lakhs
c) CAR policy for the whole contract value
d) ESIC
e) EPF registration
Minimum number of labours to be deployed
a) Unskilled
b) Semi-skilled
c) Skilled /clerical
d) Highly skilled Technician /Operator Gr.- I
e) Highly skilled Technician /Operator Gr. II
f) Supervisor Gr. I
g) Supervisor Gr. II
h) Supervisor Gr. III
Penalty for shortfall of minimum number of labours
to be deployed as per special condition of contract
a) Unskilled
b) Semi-skilled
c) Skilled/Clerical
d) Highly skilled Technician /Operator Gr. I

e) Highly Skilled Technician / Operator Gr.


II

28.

29.

30.

f) Supervisor Gr. I
g) Supervisor Gr. II
h) Supervisor Gr. III
a) Details of Supervisory Staff to be
deployed
b) Penalty for shortfall
PENALTY FOR LATE DISBURSEMENT OF
WAGES @ of 0.1% work order value for delay of
each week
Minimum Gross Equivalent Salary including perks
for
a) Technician Grade -I
b) Technician Grade -II
c) Supervisor Grade -I
d) Supervisor Grade -II
e) Engineer Grade -I
f) Engineer Grade -II

NA
Yes
Applicable (@12.25% p.a.)
Yes
Yes
NA
No
Yes
NA
NA.
NA.
06
33
NA
NA
NA
NA
NA
NA
NA
As Specified in special
condition of contract (Section
III)
As Specified in special
condition of contract (Section
III)
NA
NA
NA
Nil
Nil
Yes

RS.763/-per day per person


RS.805/- per day per person
Nil
Nil
Nil
Nil

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 52 of 75

SCHEDULE B
MATERIAL ISSUED TO THE CONTRACTOR
( The Engineer-in-Charge to indicate permissible wastage before issue of tender duly approved by the
Competent Authority)

Sl.
No

Particulars

Unit

Rate at
which
Material
will be
issued

Maximum
Invisible
wastage
(NonReturnable)
%

Maximum
permissible
wastage
(Returnable
in case of
free issue)
%*

Qty
to be
Issued
(approx.)

1.

Water

Ltr.

Free

N.A.

Nil

2.

Electricity

Units

Free

N.A.

Nil

As per
requirement
As per
requirement

Signature of Issuing Officer:

Signature of Contractor:

Date:

Date : .

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 53 of 75

SCHEDULE 'C'
TOOLS AND PLANT TO BE HIRED TO THE CONTRACTOR

Sr.
No.

Particulars

Number
available

Hire charges
per Unit per
working day
Rs.

Frequency of
Maintenance

Value
Per
Unit

Place
of Issue

Number
Reqd. by
the
Contractor.

-----------------------------N. A.-----------------------------

Tools and Plants are not expected to be hired out to the Contractor. If, however, any tools and plants are
available at the time of performing the work the same may be hired out at rates to be decided by the
Engineer-In-Charge. The Corporation reserves the right not to hire out any T&P and to withdraw at any
time such T&P hired out.
The Contractor shall ask the Engineer-In-Charge the value of tools & Plants for which these have to be
insured and carry out the insurance accordingly in case insurance not available with NPCIL.

Signature of the Issuing Officer

Signature of Contractor

Date..............

Date..............

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 54 of 75

SECTION - V
TECHNICAL SPECIFICATIONS /
DATA SHEETS

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 55 of 75

SECTION - V
Technical Specifications / Data Sheets
1)

The scope of work for SOQR items :SOQR Item No. 1: -Providing Services of Trained Qualified Nurses
Services related to taking quality nursing care of patients admitted in TAPS
Hospital, Managing first aid centers at plant sites, escorting patients to
other hospitals if required on round the clock basis.
SOQR Item No. 2: -Providing services of Medical Dispenser cum Pharmacists
Services related to dispensing medicine as per Doctors prescription,
maintaining records etc. in TAPS Hospital as per requirements.
SOQR Item No. 3: -Providing Services of trained pathology Laboratory technician
Services related to technical work in pathology lab/blood bank of TAPS
Hospital including blood collection, doing tests in various section, reporting,
documentation, attending emergency call duties etc. for doing day to day
services on round the clock basis.
SOQR Item No. 4: -Providing Services of X-ray technicians
Services related to technical work (i.e taking X-ray, documentation, day to
day work) in X-ray dept. of TAPS hospital on round the clock basis.
SOQR Item No. 5: -Providing Services of qualified physiotherapist
Services related to physiotherapy unit in TAPS Hospital/ TAPS 3&4
dispensary as per requirement.

2)
SOQR
Items.

Educational Qualification and Experience Requirements


Description of work

Qualification and Experience

Providing Services of
Trained Qualified Nurses

XII Pass + Diploma in Gen. Nursing & Midwifery or equivalent from


Govt./ Govt. recognized institutes with registration in Maharashtra
Nursing Council + 1 year experience.

Providing services of
Medical Dispenser cum
Pharmacists
Providing Services of
trained
pathology
Laboratory technician

XIIth Pass + Diploma in Pharmacy from Govt. / Govt. recognized


institutes + 1 year experience.

Providing Services of Xray technicians

XIIth Pass + Diploma in Radiography from Govt./ Govt. recognized


institute with minimum 1 year experience.

Providing Services of
qualified physiotherapist

Bachelor degree in Physiotherapy from Govt./ Govt. recognized


institute with minimum 1 year experience.

th

BSc. In Clinical Laboratory Sciences or B.Sc.(Chem/Zoo/Life


Science etc.) with 1 year DMLT course from Govt./ Govt. recognized
institute with 1 year experience.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 56 of 75

SECTION VI
DRAWINGS

------NIL------

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 57 of 75

SECTION -VII
Format of various contractual
documents as applicable viz: Bid
Security, Security deposit , Lump sum
Advance, Form of Hypothecation
Deed Disputes Resolution Board
Agreement, Format for issue of
DRAWINGS
tender, Format
of Completion
Certificate, Wage Slip.

SECTION VI

------NIL------

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 58 of 75

FORMS OF DIFFERENT DEEDS


1.

PROFORMA BANK GUARANTEE IN LIEU OF BID SECURITY

(On Non Judicial Stamp paper to be stamped in accordance


with stamp act, the stamp paper to be in name of
Executing Bank)
Ref..............

Date................
Bank Guarantee No..............

To

NUCLEAR POWER CORPORATION OF INDIA LTD


____________________________________________________
____________________________________________________
____________________________________________________

Dear Sir,
In accordance with your Notice Inviting Tender for _______________under your tender No__________
dated ________________ M/s _______________________ (hereinafter called the Bidder) with following
directors on their Board of Directors/Partners of the firm.
1________________________ 2________________________
3________________________ 4________________________
5________________________ 6________________________
7________________________ 8________________________
9________________________ 10________________________
Wish to participate in the said tender for the following:
1__________________________________________________________________
2__________________________________________________________________
3__________________________________________________________________
Whereas it is a condition in the tender documents that the bidder has to deposit Bid Security with respect
to the tender, with Nuclear Power Corporation of India Ltd (hereinafter referred to as "Corporation")
amounting to Rs........ or alternatively the bidder is required to submit "Bank Guarantee" from a
nationalised bank irrevocable and operative till 28 days after the validity of the offer. (i.e. 120 days from
the date of opening of tender), for the like amount which amount is likely to be forfeited on the happening
of contingencies mentioned in the tender documents. And whereas the bidder desires to secure
exemption from deposit of Bid Security and has offered to furnish a Bank Guarantee for a sum of Rs.......
to the Corporation for the purpose of securing exemption from the deposit of Bid Security.
1.

NOW THEREFORE, we the ...................... Bank, a body corporate constituted under the Banking
Companies (Acquisition and Transfer of undertakings) Act 1969 and having a branch office
at............ (hereinafter referred to as the Bank") do hereby undertake and agree to pay on
demand in writing by the Corporation, the amount of Rs.......(Rupees............) to the Nuclear
Power Corporation of India Ltd without any demur, reservation or recourse.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 59 of 75

2.

We, the aforesaid Bank, further agree that the Corporation shall be the sole judge of and as to
whether the bidder has committed any breach or breaches of any of the terms and conditions of
the tender and the extent of loss, damage, costs, charges and expenses caused to or suffered by
or that may be caused to or suffered by the Corporation on account thereof the extent of the bid
security required to be deposited by the Bidder in respect of the said Tender document and the
decision of the Corporation that the Bidder has committed such breach or breaches and as to the
amount or amounts of loss, damage, costs, charges and expenses caused to or suffered by or
that may be caused to or suffered by the Corporation shall be final and binding on us.

3.

We, the said Bank further agree that the Guarantee herein contained shall remain in full force
and effect until it is released by the Corporation and change in the constitution, liquidation or
dissolution of the Bidder, shall not
discharge our liability guaranteed herein.

4.

It is further declared that it shall not be necessary for the Corporation to proceed against the
Contractor before proceeding against the Bank and the Guarantee herein contained shall be
enforceable against the Bank notwithstanding any security which the Corporation may have
obtained or shall obtain from the Contractor at the time when proceedings are taken against the
Bank for whatever amount may be outstanding or unrealized under the Guarantee.

5.

The right of the Corporation to recover the said amount of Rs...........(Rupees ......................) from
us in manner aforesaid will not be affected or suspended by reason of the fact that any dispute or
disputes have been raised by the aid M/s................... (Bidder) and/or that any dispute or disputes
are pending before any authority, officer, tribunal or arbitrator(s) etc.

6.

Notwithstanding anything stated above, our liability under this guarantee shall be restricted to
Rs........(Rupees....... ....)and our guarantee shall remain in force upto.......... and unless a demand
or claim under the guarantee is made on us in writing within three months after the aforesaid date
i.e. on or before the .......... all your rights under the guarantee shall be forfeited and we shall be
relieved and discharged from all liabilities there under.

Date......................
place....................
(Signature)__________________________________________
(Printed Name)_______________________________________
(Designation)________________________________________
(Bank's Common seal_________________________________
(Authorisation No.)___________________________________

In the presence of:


Witness
1)_______________________
2)_______________________
Accepted
(Signature of the Officer)
For and on behalf of the
Nuclear Power Corporationof India Ltd.
_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 60 of 75

2. PROFORMA OF BANK GUARANTEE IN LIEU OF SECURITY DEPOSIT


(Performance Guarantee / Retention money)
IN INDIVIDUAL CONTRACT
(ON NON JUDICIAL STAMP PAPER)
To
Nuclear Power Corporation of India Ltd.
_________________________________________
________________________________________

In consideration of the Nuclear Power Corporation of India Ltd..................... Atomic Power


Project) having its registered Office at ........................................ (hereinafter called the
"Corporation" which expression shall unless repugnant to the subject or context include its
administrators, successors and assigns) having agreed under the terms and conditions of the
Award Letter bearing No......... dated...... issued by the Corporation, which has been
unequivocally accepted by the Contractor M/s...*...................................................... work
of........................(hereinafter called the said Contract) to accept a Deed of Guarantee as herein
provided for Rs.......(Rupees..........................only) from a Scheduled commercial bank in lieu of
the.. (performance guarantee to be submitted by the Contractor /retention money
deducted from the Contractor's bills) for the due fulfillment by the said Contractor of the terms and
conditions contained in the said Contract.
1.

We, the ........ Bank (hereinafter referred to as "the said Bank" and having our registered office
at....... do hereby undertake and agree to indemnify and keep indemnified the Corporation from
time to time to the extent of Rs..........(Rupees ................Only) against any loss or damage, costs,
charges and expenses caused to or suffered by or that may be caused to or suffered by the
Corporation by reason of any breach or breaches by the said Contractor of any of the terms and
conditions contained in the said Contract and to unconditionally pay the amount claimed by the
Corporation on demand and without demur to the extent aforesaid.

2.

We.................... Bank, further agree that the Corporation shall be the sole judge of and as to
whether the said Contractor has committed any breach or breaches of any of the terms and
conditions of the said Contract and the extent of loss, damage, costs, charges and expenses
caused to or suffered by or that may because to or suffered by the Corporation on account
thereof and the decision of the corporation that the said Contractor has committed such breach or
breaches and as to the amount or amounts of loss, damage, costs charges and expenses caused
to or suffered by or that may be caused to or suffered by the Corporation from time to time shall
be final and binding on us.
*Refer note at the end of the proforma.

3.

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 till
all the dues of the Corporation under the said Contract or by virtue of any of the terms and
conditions governing the said Contract have been fully paid and its claims satisfied or discharged
and till the owner certifies that the terms and conditions of the said Contract have been fully and
properly carried out by the said Contractor and accordingly discharges this Guarantee subject,
however, that the Corporation shall have no claim under the Guarantee after 90 (Ninety) days
from the date of expiry of the Defects Liability Period as provided in the said Contract, i.e.
...........(date) or from the date of cancellation of the said contract as the case may be, unless a
notice of the claim under this Guarantee has been served on the Bank before the expiry of the
said period in which case the same shall be enforceable against the Bank notwithstanding the
fact, that the same is enforced after the expiry of the said period. The Corporation shall have the
fullest liberty without affecting in any way the liability of the Bank under this Guarantee or

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 61 of 75

Indemnity, from time to time, to vary any of the terms and conditions of the said Contract or to
extend time of performance by the said Contractor or to postpone for any time from time to time
any of the powers exercisable by it against the said Contractor and either to enforce or forbear
from enforcing any of the terms and conditions governing the said Contract or securities available
to the Corporation and the said bank shall not be released from its liability under these presents
by any exercise by the Corporation of the liberty with reference to the matters aforesaid or by
reason of time being given to the said Contractor or any other forbearance act or omission on the
part of the Corporation or any indulgence by the Corporation to the said Contractor or any other
matter or thing whatsoever which under the law relating to sureties would, but for this provision,
have the effect of so releasing the Bank from its such liability.
4.

It shall not be necessary for the Corporation to proceed against the Contractor before proceeding
against the Bank and the Guarantee herein contained shall be enforceable against the Bank,
notwithstanding any security which the Corporation may have obtained or obtain from the
Contractor shall at the time when proceedings are taken against the Bank hereunder, be
outstanding or unrealized.

5.

We, the said Bank, lastly undertake not to revoke this Guarantee during its currency except with
the previous consent of the Corporation in writing and agree that any change in the Constitution
of the said Contractor or the said Bank shall not discharge our liability hereunder. If any further
extension of this Guarantee is required the same shall be extended to such required periods on
receiving instructions from M/s.......................on whose behalf this guarantee is issued.

In the presence of

For and on behalf of (the Bank)

WITNESS
1.________________

Signature__________________________

2.________________

Name & Designation _________________


______________________________________________

Authorization No:_________________________________
Date and Place:___________________________________
Bank's Seal ______________________________________

Accepted

(Signature of the Officer)


For and on behalf of the
(Nuclear Power Corporation of India Ltd)

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 62 of 75

NOTES
*For Proprietary Concerns
Shri

_______________________________________

son

of__________________

resident

of

_____________________________________carrying on business under the name and style of


_________ at_____________(herein after called " the said Contractor" which expression shall unless the
context requires otherwise include his heirs, executors, administrators and legal representatives.

*For Partnership Concerns


M/s. _____________________ a partnership firm with its office ___________________(hereinafter called
" the said Contractor" which expression shall unless the context requires otherwise include their heirs,
executors, administrators and legal representative); the names of their partners being
(i) Shri _________________S/o.______________________________
(ii) Shri ________________ S/o._______________________________

*For Companies
M/s................ a company registered under the Companies Act, 1956 and having its registered office at
.........in the State of ............ ...(hereinafter called "the said contractor" which expression shall unless the
context requires otherwise include its administrators, successors and assigns).

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

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3. PROFORMA OF BANK GUARANTEE TO SECURE A LUMPSUM ADVANCE


(On Non-Judicial Stamp Paper of Appropriate Value)

To
Nuclear Power Corporation of India Ltd.
.........................
.........................

1.

In consideration of the Nuclear Power Corporation of India Ltd. (......................Atomic Power


Project) having its registered Office at ................................... (hereinafter called "the Owner"
which expression shall unless repugnant to the subject or context include its successors and
assigns) having agreed under the terms and conditions of Award Letter No. ........... dated .......
issued by Owner which has been unequivocally accepted by .*..................in connection with
the work of "...................................." Tender No.................. (hereinafter called "the said
Contract") to make at the request of the Contractor a lumpsum advance of Rs. .....
(Rupees..................... only) for utilizing it for the purpose of the Contract on his furnishing a
guarantee acceptable to the Owner. We,.....................................................Bank incorporated
under .......................and having one of our branches at ............................................ (hereinafter
referred to as " the said Bank") do hereby guarantee the due recovery by the Owner of this said
advance with interest thereon as provided according to the terms and conditions of the Contract.
If the said Contractor fails to utilize the said advance for the purpose of the Contract and/ or the
said advance together with interest thereon as aforesaid is not fully recovered by the Owner, We,
......... Bank hereby unconditionally and irrevocably undertake to pay to the Owner on demand
and without demur to the extent of the said sum of Rs......... (Rupees.......................only) on any
claim made by the Owner on us for the loss or damage caused to or suffered by the Owner by
reason of the Owner not being able to recover in full thesaid sum of Rs...........
(Rupees................only) with interest as aforesaid.

2.

We,.................... Bank, further agree that the Owner shall be the sole judge of and as to whether
the said Contractor has not utilized the said advance or any part thereof for the purpose of the
contract and the extent of loss or damage caused to or suffered by the Owner on account of the
said advance together with interest not being recovered in full and the decision of the Owner that
the said Contractor has not utilized the said advance or *Refer note at the end of the proforma
any part thereof for the purpose of the Contract and as to the amount or amounts of loss or
damage caused to or suffered by the Owner shall be final and binding on us.

3.

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 till all
the said advance with interest has been fully recovered and its claims satisfied or discharged and
till Owner certifies that the said advance with interest has been fully recovered from the said
Contractor, and accordingly shall have no claim under this guarantee after 30 (thirty) days from
the date of satisfactory completion of the said Contract ( as per the mutually agreed work
schedule) i.e. upto and inclusive of ........(date) unless a notice of the claim under this Guarantee
has been served on the Bank before the expiry of the said period i.e................... (date) in which
case the same shall be enforceable against the Bank notwithstanding the fact, that the same is
enforced after the expiry of the said period.

4.

The Owner shall have the fullest liberty without effecting in any way the liability of the Bank under
this Guarantee or Indemnity, from time to time, to vary any of the terms and conditions of the said
Contract or the advance or to extend time of performance by the said Contractor or to postpone

_______________________________________________________________________________________________________

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for any time from time to time any of the powers exercisable by it against the said Contractor and
either to enforce or forbear from enforcing any of the terms and conditions governing the said
contract or the advance available to the owner and this said bank shall not be released from its
liability under these presents by any exercise by the Owner of the liberty with reference to the
matters aforesaid or by reasons of time being given to the said Contractor or any other
forbearance act or omission on the part of the Owner or any indulgence by the Owner to the said
Contractor on of any other matter or thing whatsoever which under the law relating to sureties
would, but for this provision, have the effect of so releasing the Bank from its such liability.
5.

It shall not be necessary for the Owner to proceed against the Contractor before proceeding
against the Bank and the Guarantee herein contained shall be enforceable against the Bank
notwithstanding any security, which the Owner may have obtained or obtain from the Contractor
shall at the time when proceedings are taken against the Bank hereunder, be outstanding or
unrealized.

6.

We, the said Bank, lastly undertake not to revoke this Guarantee during its currency except with
the previous consent of the Owner in writing and agree that any change in the Constitution of the
said Contractor or the said Bank shall not discharge our liability hereunder.
If any further extension of this Guarantee is required the same shall be extended to such required
periods on receiving instructions from M/s........................................ on whose behalf this
Guarantee is issued.
Notwithstanding anything contained herein before our liability under this Guarantee is restricted to
Rs,......... (Rupees ..............Only) together with interest. Our undertaking shall commence from
the date of execution and shall remain in force upto ..........
Dated this ................day of.........20
In presence of

For and on behalf of (the Bank)

WITNESS
1________________________

Signature _________________________________

2________________________

Name & Designation_________________________

Authorization No___________________________

Seal of the Bank___________________________


Accepted
(Signature of the Officer)
For and On behalf of the
Nuclear Power Corporation of India Ltd.,
_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 65 of 75

NOTES
*For Proprietary Concerns
Shri

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

son

of................

resident

of....................................carrying on business under the name and Style of...........at...........(herein after


called " the said Contractor" which expression shall unless the context requires otherwise include his
heirs, executors, administrators and legal representatives).

*For Partnership Concerns


M/s.....................

partnership

firm

with

its

office.........................(hereinafter called " the said Contractor" which expression shall unless the context
requires otherwise include their heirs, executors, administrators and legal representative); the names of
their partners being
(i) Shri ................S/o...............................
(i) Shri ................S/o...............................

*For Companies
M/s. ________________ a company under the Companies Act, 1956 and having its registered office
at______________ in the State of_________________(hereinafter called "the said Contractor" which
expression shall unless the context requires otherwise include its administrators, successors and
assigns).

_______________________________________________________________________________________________________

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4. FORM OF HYPOTHECATION DEED


(ON NON-JUDICIAL STAMP PAPER ON APPROPRIATE VALUE)
THE INDENTURE made this .................day of .........20....................... BETWEEN ............ of the one part
(herein after called `Contractor') and Nuclear Power Corporation of India Ltd. (........... Atomic Power
Project/ Station) hereinafter called " the Corporation" which expression shall unless the context requires
otherwise include his successors and assigns of the other part:
WHEREAS under sub-clause12.1 of the General Conditions of Contract relating to the terms and
conditions of its Award letter No....................dated .............which have been unequivocally accepted by
the Contractor, the Contractor has applied to the Corporation for a loan of Rs.............. (Rupees)
...............................................Only) for plant and equipment described in the Schedule here to specifically
acquired by the Contractor for the works and brought to site.
AND WHEREAS one of the conditions on which the said loan of Rs........./- granted by the Corporation to
the Contractor is that the Contractor shall hypothecate the plant and equipment described in the Schedule
hereto in favour of the Corporation as security for the due repayment of the said loan.
AND WHEREAS the Contractor has represented that he is the Owner of the plant and equipment
described in the Schedule hereto and the same is free from encumbrances.
NOW THIS INDENTURE WITNESSTH THAT in pursuance of the said agreement and in consideration of
the premises the Contractor doth hereby hypothecate, assign and transfer to the Corporation the Plant
and equipment described in the Schedule hereto the intent that the same shall remain and form security
for repayment to the Corporation of the said loan of Rs........... together with the interest thereon at ........
% per annum.
1.

The Contractor hereby agrees, declares and covenants with the Corporation as follows:(a)

The Contractor
shall
repay
to
the Corporation
the said
loan
of
Rs........(Rupees....................... Only) together with interest thereon as aforesaid by and
agrees that the said loan be recovered by the Corporation by making deductions in the
manner provided in sub-clause12.1 of the General Conditions of Contract and other
conditions of the Award letter from the claims made by the Contractor against the
Corporation of "on account payment".

(b)

The Contractor has paid in full the purchase price of the Plant & Equipment described in
the Schedule hereto and each and every one of them and that the same are the absolute
property of the Contractor and that the same have not been sold, pledged, mortgaged or
transferred or in any way dealt with by the Contractor.

(c)

So long as any amount remains payable to the Corporation by the Contractor in respect
of the said loan of Rs.__________ the Contractor shall not sell, pledge, hypothecate,
transfer, part with or in any way deal with the Plant and Equipment described in the
Schedule hereto.

(d)

If the said loan of Rs.___________shall not be repaid by the Contractor or recovered in


the manner described above by the said ..........day of .... due to any reasons whatsoever
or the said Contract has been determined earlier or cancelled or if the Contractor shall
sell, pledge, mortgage, transfer, part with or in any way deal with the said plant and
equipment or any part thereof or the Contractor or any of the partners is adjudged
insolvent or the Contractor is to be would up or makes any composition or arrangement
with its creditors or the Contractor shall commit breach of any of the terms and conditions
or covenants as herein contained or if any of the said plant and equipment or if any other
property whatsoever belonging to the Contractor has been sold or attached for a period
of not less than 21 days in execution of the decree of any court for payment of money,

_______________________________________________________________________________________________________

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the whole of the said loan of Rs....... or such part thereof as may remained unpaid or
unrecovered together with interest thereon shall forthwith become due and payable.

(e)

The Corporation may on the happening of any of the events mentioned in the preceding
clause (d) or in the event of the said loan or any part thereof becoming due and payable
and has not been paid or recovered or cannot be recovered as provided in the said
conditions, seize and take possession of the said plant and equipment (and either remain
in possession thereof without removing the same or else may remove the same) and sell
the said plant and equipment or any of them either by public auction or private contract
and may out of the sale proceeds retain the balance of the said loan and interest thereon
remaining unpaid and unrecovered and all costs, charges and expenses and payments
incurred or made in maintaining, defending or protecting the rights of the Corporation
hereunder and shall pay over the surplus, if any, to the Contractor.

(f)

The Contractor shall at all times during the continuance of the security and at the
expense of the Contractor insure and keep insured and plant and equipment described in
the Schedule hereto for the value thereof in the joint names of the Contractor and the
Corporation with an insurance company to be approved by the Engineer-in-charge
against the risk of loss or damage from whatever cause arising other than the Excepted
Risks not covered under the insurance. During the continuance of the security the
Contractor shall pay all premia and sums of money necessary for keeping such insurance
on foot and the insurance policy and receipts in original for premia paid shall be
deposited with the Engineer-in-charge. The Contractor shall assign all his rights, title and
interest in the policy to the Corporation.

(g)

The Contractor shall not permit or suffer the said plant and equipment or any part thereof
to be destroyed or damaged or used or to be used or to deteriorate in a greater degree
than it would deteriorate by reasonable wear and tear thereof in the performance of the
Contract.

(h)

In the event of any damage or loss happening to the said plant and equipment or any part
thereof from whatever cause other than the Excepted Risk [not covered under insurance]
the Contractor shall forthwith have the same repaired or replaced as the case may be or
arrange for payment of the entire amount recovered or to be recovered from the
insurance company to the Corporation towards the payment of the said loan of Rs............

Upon repayment or recovery in full of the amount secured on account of this hypothecation deed
the said plant and equipment secured hereunder shall stand released from hypothecation but this
is without prejudice to the right of the Corporation under any other conditions of the Contract.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 68 of 75

SCHEDULE ABOVE REFERRED TO

Sr.
No.

Particulars of
Plant and .
Equipment

Nos

Purchase price/
Total price
Advance(75%
considered
of Col.5)
reasonable by
Engineer-in-Charge
_________________________________________________________________________
1
2
3
4
5
6
_________________________________________________________________________

IN WITNESS WHEREOF the parties hereto have executed these presents on the day and your first
above written

Signed and delivered


by the within named ............

Signed by Shri ___________________


(Name and Designation)
Nuclear Power Corporation of India Ltd.,
(__________Atomic Power Project)

In the presence of:


(1)__________________________ (1)______________________________
(2)__________________________ (2)______________________________

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 69 of 75

*NOTES
*For Proprietary Concerns

Shri

__________________________________

son

of______________________

resident

________________________________________carrying on business under the name and

of

Style of

__________ at _________ (hereinafter called " the said Contractor" which expression shall unless the
context requires otherwise include his heirs, executors, administrators and legal representatives.

*For Partnership Concerns

M/s. _____________________ a partnership firm with its office _______________________


(hereinafter called " the said Contractor" which expression shall unless the context requires otherwise
include their heirs, executors, administrators and legal representative); the names of their partners being

(i) Shri _________________S/o.______________________________


(ii) Shri ________________ S/o._______________________________

*For Companies
M/s................ a company registered under the Companies Act, 1956 and having its registered office at
............... in the State of ............... (hereinafter called "the said Contractor" which said Contractor" which
expression shall unless the context

requires otherwise include its administrators, successors and

assigns).

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 70 of 75

5. DISPUTES RESOLUTION BOARD AGREEMENT


THIS AGREEMENT, made and entered into this ............................ Day of ..20
.............. Between .............. (the Corporation) and.
........................................................................................................................................................................
....................................................................... (the Contractor), and the Disputes resolution Board (the
Board) consisting of three Board Members,
(1).
(2)..
(3)..
WITNESSETH, that
WHEREAS, the Corporation and the Contractor have contracted for the construction of
the..
(Project
name) (the Contract) and WHEREAS,
the contract provides for the establishment and operation of the Board NOW THEREFORE, the parties
hereto agree as follows :
1.

The parties agree to the establishment and operation of the Board in accordance with this Board
Agreement.

2.

Except for providing the services required hereunder, the Board Members should not give any
advice to either party concerning conduct of the Works.
The Board Members :
(a)

Shall have no financial interest in any party to the contract, or a financial interest in the
contract, except for payment for services on the Board.

(b)

Shall have had no previous employment by, or financial ties to, any party to the contract,
except for fee based consulting services on other projects, all of which must be disclosed
prior to appointment to the Board.

(c)

shall have disclosed in writing to the parties prior to signature of this Agreement any and
all recent or close professional or personal or personal relationships with any director,
officer, or employee of any party to the contract, and any and all prior involvement in the
project to which the contract relates;

(d)

Shall not, while a Board Member, be employed whether as a consultant or otherwise by


either party to the contract, except as a Board Member.

(e)

Shall not, while a Board Member, engage in discussion or make any agreement with any
party to the contract, regarding employment whether as a consultant or otherwise either
after the contract is completed or after services as a Board Member is completed;

(f)

Shall be and remain impartial and independent of the parties and shall disclose in writing
to the Corporation, the Contractor, and one another any fact or circumstances which
might be such to cause either the Corporation or the Contractor to question the continued
existence of the impartiality and independence required of Board Members.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 71 of 75

3.

Except for its participation in the Boards activities as provided in the contract and in this
Agreement none of the Employer, the Contractor, the Nodal Officer or his nominee, and one
another any fact or circumstances which might be such to cause either the Employer or the
Contractor to question the continued existence of the impartiality and independence required of
Board Members.

4.

The Contractor shall :


a)

Furnish to each Board Members one copy of all documents which the Board may request
including contract documents, progress reports, variation orders, and other documents,
pertinent to the performance of the Contract.

b)

In co-operation with the Employer, co-ordinate the Site visits of the Board, including
conference facilities, and secretarial and copying services.

5.

The Board shall serve throughout the operation of the contract. It shall begin operation following
execution of this Agreement, and shall terminate its activities after issuance of the taking over
Certificate and the Boards issuance of its Recommendations on all disputes referred to it.

6.

Board Member, shall not assign or subcontract any of their work under this Agreement.

7.

The Board Members are independent and not employees or agents of either the Employer or the
Contractor.

8.

The Board Members are absolved of any personal or professional liability arising from the
activities and the Recommendations of the Board.

9.

Fees and expenses of the Board Member[s] shall be agreed to and shared equally by the
Employer and the Contractor. If the Board requires special services, such as accounting, data
research, and the like, both parties must agree and the costs shall be shared by them as mutually
agreed.

10.

Board Site visits :

11.

a)

The Board shall visit the Site and meet with representatives of the Employer and the
Contractor and at regular intervals, at times of critical construction events, and at the
written request of either party. The timing of Site visit, failing agreement shall be fixed by
the Board.

b)

Site meetings shall consist of an informal discussion of the status of the construction of
the works followed by an inspection of the works, both attended by personnel from the
Employer, the Contractor.

c)

If requested by either party or the Board, the Employer will prepare minutes of the
meetings and circulate them for comments of the parties.

Procedure for disputes referred to the Board :


a)

If either party objects to any action or inaction of the other party, the objecting party may
file a written Notice of Dispute to the other party stating that it is given pursuant to
relevant clause and stating clearly and in detail the basis of the dispute.

b)

The party receiving the Notice of Dispute will consider it and respond in writing within 7
days after receipt.

c)

This response shall be final and conclusive on the subject, unless a written appeal to the
response is filed with the responding party within 7 days of receiving the response. Both

_______________________________________________________________________________________________________

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parties are encouraged to pursue the matter further to attempt to settle the dispute. When
it appears that the dispute cannot be resolved without the assistance of the Board either
party may refer the dispute to the Board by written Request for Recommendation to the
Board, and the other party stating that it is made pursuant to relevant Clause.

12.

13.

d)

The Request for recommendation shall state clearly and in full detail the specific issues of
the dispute to be considered by the Board.

e)

When a dispute is referred to the Board, and the Board is satisfied that the dispute
requires the Boards assistance, the Board shall decide when to conduct a hearing on the
dispute. The Board may request that written documentation and arguments from both
parties be submitted to each Board Members before the hearing begins. The parties shall
submit insofar as possible agreed statements of the relevant facts.

f)

During the hearing, the Contractor and the Employer, shall each have ample opportunity
to be heard and to offer evidence. The Boards Recommendations for resolution of the
dispute will be given in writing, to the Employer and the Contractor as soon as possible,
and in any event not more than 28 days after the Boards final hearing on the dispute.

Conduct of Hearings :
a)

Normally hearing will be conducted at the Site, but any location that would be more
convenient and still provide all required facilities and access to necessary documentation
may be utilized by the Board. Private Sessions of the Board may be held at any location
convenient to the Board.

b)

The Employer and the Contractor shall have representatives at all hearings.

c)

During the hearings, no Board Member shall express any opinion concerning the merit of
any facet of the case.

d)

After the hearings are concluded, the Board shall meet privately to formulate its
Recommendations. All Board deliberations shall be conducted in private, with all
individual views kept strictly confidential. The Boards Recommendations, together with
an explanation of its reasoning shall be submitted in writing to both parties. The
Recommendations shall be based on the pertinent contract provisions, applicable laws
and regulations, and the facts and circumstances involved in the dispute. The Board shall
make every effort to reach a unanimous Recommendation. If this proves impossible, the
majority shall decide, and the dissenting member any prepare a written minority report for
submission to both parties.

If during the contract period, the Corporation and the Contractor are of the opinion that the
Dispute Resolution Board is not performing its functions properly; the Corporation and the
Contractor may together disband the Disputes Resolution Board. In such an event, the disputes
shall referred to Arbitration straightaway.
The Corporation and the Contractor shall jointly sign a notice specifying that the Board shall stand
disbanded with effect from the date specified in the notice. The notice shall be posted by a
registered letter with AD or delivery of the letter, even if he refuses to do so.

_______________________________________________________________________________________________________

TENDER NO. : TMS / CTC / HOSPITAL / 2016 / 1518

Page 73 of 75

6.0 FORMAT FOR COMPLETION CERTIFICATE


Ref._________________

Date: ___________
COMPLETION CERTIFICATE

Name of Work

Tender No.

W.O. No. & date

Name of Contractor

Estimated Amount

Work Order value

Completion Value

Escalation Value if any

Date of Start of work

Stipulated Date of Completion

Actual Date of Completion

Levy of compensation for delay

Value of penalty imposed for safety, security,


sub-standard works etc and details thereof

Amount o Security Deposits

Any other information

Certified that the work has been completed in all respect.


__________________________
Engineer

_____________________________________________________________________________________________________

TENDER NO. : : TMS / CTC / HOSPITAL / 2016 / 1518

Page 74 of 75

7. 0

_____________________________________________________________________________________________________

TENDER NO. : : TMS / CTC / HOSPITAL / 2016 / 1518

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