NHPC - Faridabad - Housekeeping
NHPC - Faridabad - Housekeeping
TENDER DOCUMENT
FOR
SECTION – 0
एनएचपीसीिलिमटे ड
NHPC LIMITED
(A Govt. of India Enterprise)
SECTION-0:NOTICEINVITINGE-TENDER(NIT)
(Domestic Competitive Bidding)
Tender Specification No.: NH/EMS019/47/2020/5574 Dated: 09.06.2020
Online electronic bids (e-tender) on Item Rate Basis for Part-A of Schedule of Quantities &
Prices (SOQP) and Percentage Rate Basis for Part-B of Schedule of Quantities & Prices
(SOQP), under Two Cover Systems are invited for the following work on behalf of NHPC
Limited (A Public Sector Enterprise of the Government of India) from domestic bidders registered
in India.
Name of Work: Housekeeping Services of Neer Shakti Sadan and Jal Tarang Auditorium
at NHPC Office Complex, Sector-33, Faridabad.
.
Tender Specification No.: NH/EMS019/47/2020
Tender document can be viewed and downloaded from NHPC Limited website
www.nhpcindia.com and Central Public Procurement Portal (CPPP) at
https://eprocure.gov.in/eprocure/app.
S. Item Description
No.
(i) Name of Work Housekeeping Services of Neer Shakti Sadan and Jal
Tarang Auditorium at NHPC Office Complex, Sector-33,
Faridabad
(ii) Tender Specification No. NH/EMS019/47/2020
(v) Cost of Bidding Document Rs. 1500/- (Rupees One Thousand Five Hundred only)
(in the form of DD favouring “NHPC Ltd.” payable at
Faridabad )
(vii) EMD (Bid Security) Rs. 5,58,000/- in the form of Crossed Demand Draft/
Bank Guarantee (BG) in favour of “NHPC Limited”
payable at Faridabad.
(viii) Completion Period / 24 (Twenty-Four) Months from the date as mentioned in
Schedule LOA.
(ix) Required validity of Bid 120 days after the last date of online bid submission.
(x) Independent External Mr. Sutanu Behuria and Mr. Rakesh Kumar Agarwal
Monitor
(xi) Name of Institution for 1. Scope Forum of Conciliation and Arbitration (SFCA),
Arbitration New Delhi
2. Indian Council of Arbitration (ICA), New Delhi.
(xii) Tender Inviting Authority Sr. Manager (C), Contract Cell (EMS-I), EMS Division,
NHPC Office Complex, Sector-33, Faridabad.
Tele: 0129-2588154
Email: [email protected]
[email protected]
(v) Online Bid Submission End Date & Time 07.07.2020 at 17:00 Hrs
(vi) Last date of submission of Cost of Bidding 10.07.2020 at 17:00 Hrs
document, EMD and other offline supporting
documents in office of “Sr. Manager (C), Contract
Cell (EMS-I), EMS Division, NHPC Office
Complex, Sector-33, Faridabad.
Tele: 0129-2588154.
Email: [email protected]
[email protected]
(vii) Bid Opening Date & Time 13.07.2020 at 15:00 Hrs
i. Technical bid along with offline documents
ii. Price bid To be intimated separately
2.2 The bidders must fulfil the following minimum Qualifying Criteria:-
2.2.1 A To qualify for award of the Contract, each bidder should have
a) Achieved in any one year in last three-year ending FY 2018-19 a minimum financial
turnover of at least equal to estimated cost of work i.e. Rs.2,79,09,068/- for which bid
has been invited.
b) Experience of having successfully completed similar works during last Seven (7) years
(ending 28 days prior to the deadline date for online submission of Bid) either of the
following:
Three (03) similar completed works each costing not less than Rs. 111.63 lakhs
OR
Two (02) similar completed works each costing not less than Rs. 139.54 lakhs
OR
One (01) similar completed work costing not less than Rs. 223.27 lakhs.
Note: - In support of 2.2.1A (a) above, Notarized copy of Printed Annual reports or
financial statements of the Bidder, such as balance sheet, profit and loss
statements and auditor's reports as the case may be for the past three years
(ending FY 2018-19) shall be submitted to ascertain bidder’s meeting the
financial criteria as stipulated in clause 2.2.1A (a) .
In support of 2.2.1A (b) above, the bidder shall submit notarized copy of Supply
Order / Work Order /Letter of Award with detailed BOQs and notarized copy of
successful completion certificate(s)/ successful installation certificate
signed/issued by purchaser/owner/employer to establish the successful
completion of the awarded works.
In case Purchaser / Owner/employer issuing experience certificate is non-
government entity, the bidders shall also submit notarized copy of TDS
certificate.
Detail of such experience shall be furnished in Annexure-IV format of ITB.
The word ‘completed’ means that the bidder should have provided at least one
(1) year continuous service even if the total work order or contract is not
completed /closed. The same shall be supported by the documentary evidence
issued by the concerned owner/employer.
2.2.1 B To qualify for Contract for which bids are invited in the Notice Inviting Tender, the bidder
must demonstrate having work experience, financial capability and resources sufficient
to meet the aggregate of the qualifying criteria. Failure to produce the certificates and
documents in clauses 2.1 and 2.2. shall make the bid non-responsive.
2.2.1 C JVs or any other arrangement other than sole bidder is not allowed. Work experience
of bidder as sub-contractor shall not be considered in qualification of its bid.
2.2.2 All Start-ups (whether MSEs or otherwise), falling within the definition as per Gazette
notification- G.S.R. 501 (E) dt. 23.05.2017 or as amended from time to time are exempted
from meeting the qualification criteria in respect of Prior Experience-Prior Turnover in
public procurement subject to meeting of quality and technical specifications for which
necessary documents shall be submitted by such bidders.
Declaration in this regard is to be submitted by the Bidder as per Annexure-VIII.
2.2.3 All Micro and Small Enterprises (MSEs) are exempted from meeting the qualification
criteria in respect of Prior Experience-Prior Turnover in public procurement subject to
meeting of quality and technical specifications for which necessary documents shall be
submitted by such bidders.
2.2.4 The reference date for considering the period for eligibility / qualification requirements
above shall be the last day of the month previous to the one in which tenders are invited.
2.2.5 Each bidder must also produce with their Bid – PAN, Goods & Services Tax Identification
No. (GSTIN), EPF Registration No.& ESI Registration.
2.3 The Bidder should not have been banned/ de-listed/ blacklisted/ debarred from business
or declared ineligible on the grounds mentioned in para 6 of Guidelines on Banning of
Business Dealings (Annexure-A) to Integrity Pact, ITB Clause 9.0. Self-declaration in this
regard is to be submitted as per enclosed Annexure-III.
2.4 To improve transparency and fairness in tendering process and/or during execution of
work undertaken, the Employer is implementing Integrity Pact as per Clause No. 9.0 of
the ITB. The bidder must submit the Integrity Pact as per Proforma (Annexure-II) duly
signed as per Clause 9.0 of ITB.
Pre-contract Integrity Pact is to be executed on plain paper with NHPC Ltd. at the time of
submission of Bids. The successful bidder (Contractor) shall submit duly executed
Integrity Pact on Non-Judicial Stamp Paper of appropriate value prior to signing of
Contract Agreement.
To oversee the compliance under the Integrity Pact, Mr. Sutanu Behuria and Mr.
Rakesh Kumar Agarwal have been appointed as Independent External Monitors (IEM)
by the owner. The Contact Address of IEM is as under: -
2.5 Bids of only those Bidders who are meeting the Eligibility Criteria specified above
will be considered for evaluation and award of the Contract. Bidders will submit duly
notarized requisite supporting documents [as mentioned in Tender Document]
and testimonials with their Bids to prove their credentials and claim of meeting the
Eligibility Criteria.
3.0 The details/ information regarding online tendering i.e. Registration on CPP portal,
Preparation of Bid and Submission of bid are available in the tender document and as
well as on CPP Portal under “Bidders Manual Kit”.
4.0 NHPC reserves the right to reject any or all tenders and shall not be bound to assign any
reason for such rejection.
SECTION – I
INSTRUCTIONS TO BIDDERS
(ITB)
SECTION-I:INSTRUCTIONSTOBIDDERS(ITB)
1.4 INTRODUCTION
1.1 NHPC Limited, a leading Public Sector Enterprise of the Government of India, hereinafter
referred to as the “Employer” will receive bid for “Housekeeping Services of Neer
Shakti Sadan and Jal Tarang Auditorium at NHPC Office Complex, Sector-33,
Faridabad” as set-forth in the specifications. The bid will be received, opened and
evaluated online in electronic form through NHPC’s E-tendering portal i.e.
https://eprocure.gov.in/eprocure/app[Link to reach at site is also available at NHPC
website i.e., www.nhpcindia.com→Tender& Bids→ e-Procurement→Govt. e-
Procurement System of NIC (GePNIC) under Central Public Procurement Portal
(CPPP)]. Bid shall be prepared and submitted in accordance with instructions contained
in this Section.
1.2 This section of the bidding document provides the information necessary for Bidders to
prepare online responsive bids, in accordance with the requirements of the Employer. It
also provides information on online bid submission, opening, evaluation and contract
award.
1.3 INSTRUCTION FOR ONLINE BID SUBMISSION:
The Bidders are required to submit soft copies of their bids electronically on the Central
Public Procurement (CPP) Portal, using valid Digital Signature Certificates. The
instructions given below are meant to assist the Bidders in registering on the CPP Portal,
prepare their bids in accordance with the requirements/ instructions and submitting their
bids online on the CPP Portal.
1.4.1 REGISTRATION:
(i) The Bidder is requested to visit the link ‘Bidders Manual Kit’ at Central Public
Procurement (CPP) Portal (URL: https://eprocure.gov.in/eprocure/app). Bidders are
required to enrol on the e-Procurement module of the CPP Portal (URL:
https://eprocure.gov.in/eprocure/app) by clicking on the link “Online Bidder Enrolment”,
which is free of charge.
(ii) As part of the enrolment process, the Bidder will be required to choose a unique
username and assign a password for their accounts.
(iii) During enrolment/ registration, the Bidder should provide the correct/ true information
including valid email-id & mobile no. All the correspondence shall be made directly with
the Contractors/ Bidders through email-id provided.
(iv) For e-tendering, possession of valid Digital Signature Certificate (Class II or Class III
Certificates with signing key usage) is mandatory which can be obtained from
SIFY/TCS/nCode/eMudra or any Certifying Authority recognized by CCA India on
eToken/ Smartcard.
(v) Upon enrolment on CPP Portal for e-tendering, the Bidder has to register their valid
Digital Signature Certificate with their profile.
(vi) Only one valid DSC should be registered by a Bidder. Bidders are responsible to ensure
that they do not lend their DSCs to others which may lead to misuse and should ensure
safety of the same.
(vii) Bidder can then log into the site through the secured login by entering their userID/
password and the password of the DSC/ e-Token.
1.4.2 SEARCHING FOR TENDER DOCUMENTS
(i) There are various search options built in the CPP Portal, to facilitate Bidders to search
active tenders by several parameters. These parameters could include Tender ID,
Organization Name, Location, Date, Value, etc. There is also an option of advanced
search for tenders, wherein the Bidders may combine a number of search parameters
such as Organization Name, Form of Contract, Location, Date, Other keywords etc. to
search for a tender published on the CPP Portal.
(ii) Once the Bidders have selected the tenders they are interested in, they may download
the required documents/ tender schedules. These tenders can be moved/ saved to the
respective ‘My Tenders’ folder. This would enable the CPP Portal to intimate the Bidders
through SMS/ e-mail in case there is any corrigendum issued to the tender document.
(iii) The Bidder should make a note of the unique Tender ID assigned to each tender, in case
they want to obtain any clarification/ help from the Helpdesk.
1.4.3 PREPARATION OF BIDS:
(i) Bidder shall go through the tender document carefully to understand the documents
required to be submitted as part of the bid. Bidders shall note the number of covers in
which the bid documents have to be submitted, the number of documents – including the
names and content of each of the document that need to be submitted. Any deviations
from these may lead to rejection of the bid.
(ii) Any pre-bid clarifications if required, then same may be obtained online through the
tender site, or through the contact details given in the tender document.
(iii) Bidders should get ready in advance the bid documents to be submitted as indicated in
the tender document/schedule in pdf/xls/rar/zip/ jpg/ dwf formats. If there is more than
one document, they can be clubbed together using zip format. Bid documents may be
scanned with 100 dpi with black and white option which helps in reducing size of the
scanned document.
(iv) To avoid the time and effort required in uploading the same set of standard documents
which are required to be submitted as a part of every bid, a provision of uploading such
standard documents (e.g. PAN card copy, annual reports, auditor certificates etc.) has
been provided to the Bidders. Bidders can use “My Space” or ‘’Other Important
Documents’’ area available to them to upload such documents. These documents may
be directly submitted from the “My Space” area as per tender requirements while
submitting a bid and need not be uploaded again and again. This will lead to a reduction
in the time required for bid submission process.
1.4.4 SUBMISSION OF BIDS:
(i) Bidder should log into the site well in advance for bid submission so that he/she upload
the bid in time i.e. on or before the bid submission time.
(ii) Bidder should prepare the Cost of bidding document/ EMD as per the instructions
specified in the tender document. The original Cost of bidding document/ EMD should be
posted/ couriered/ given in person to the concerned official, latest by the last date of bid
submission or as specified in the NIT/ tender documents. The details of the DD/ any other
accepted instrument, physically sent, should tally with the details available in the scanned
copy and the data entered during bid submission time. Otherwise the uploaded bid shall
be liable for rejection.
(iii) While submitting the bids online through already downloaded/ saved tender in ‘My
Tenders’ folder, the Bidder should read the terms & conditions (of CPP portal) and
accepts the same in order to proceed further to submit their bid.
(iv) Bidders should select the payment option as ‘offline’ to pay the Cost of bidding document/
EMD and enter details of the DD/BC/BG.
(v) Bidder should digitally sign and upload the required bid documents one by one in
respective ‘Tender Cover’ as indicated in the tender document.
(vi) Bidders should note that, the very act of using DSC for downloading the tender document
and uploading their offers is deemed to be a confirmation that they have read all sections
and pages of the tender document without any exception and have understood the
complete tender document and are clear about the requirements of the tender document.
(vii) Bidders are requested to note that each document to be uploaded for the tender should
be less than 2 MB. If any document is more than 2 MB, it can be reduced through zip/rar
and the same can be uploaded. For the file size of less than 1 MB, the transaction
uploading time will be very fast.
(viii) Utmost care shall be taken for uploading “Schedule of Quantities & Prices” and any
change/ modification of the price schedule shall render it unfit for bidding.
Bidder shall download the Schedule of Quantities & Prices i.e. BOQ_XXXX.xls, in XLS
format and save it without changing the name of the file. Bidder shall fill their respective
rates in figures (financial quotes) and other details (such as name of Bidder) in light blue
background cells, thereafter, save and upload the file online in financial/price bid
(Finance) cover without changing the filename. No other cell should be changed.
Bidders are requested to note that they should necessarily submit their financial bids in
the ‘Finance’ cover in the format provided and no other format is acceptable. If the
template of “Schedule of Quantities & Prices” file is found to be modified/
tampered by the Bidder, the bid shall be rejected and further dealt as per provision
of clause no. 9.0 of ITB including forfeiture of EMD.
The Bidders are cautioned that uploading of financial bid elsewhere i.e. other than
in Financial cover shall result in rejection of the tender.
(ix) Bidder should submit their bids through online e-tendering system to the Tender Inviting
Authority (TIA) well before the bid submission end date & time (as per Server System
Clock). The TIA will not be held responsible for any sort of delay or the difficulties faced
during the submission of bids online by the Bidder at the eleventh hour.
(x) After the bid submission (i.e. after clicking “Freeze Bid Submission” in the portal), the
Bidder should take print out of system generated acknowledgement number, and keep it
as a record of evidence for online submission of bid, which will also act as an entry pass
to participate in the bid opening.
(xi) Bidder should follow the server time being displayed on Bidder’s dashboard at the top of
the tender site, which shall be considered valid for all actions of requesting, bid
submission, bid opening etc., in the e-tender system.
(xii) All the documents being submitted by the Bidder would be encrypted using PKI (Public
Key Infrastructure) encryption techniques to ensure the secrecy of the data. The data
entered cannot be viewed by unauthorized persons until the time of bid opening. The
confidentiality of the bids is maintained using the secured Socket Layer 128-bit
encryption technology. Data storage encryption of sensitive fields is done. Any bid
document that is uploaded to the server is subjected to symmetric encryption using a
system generated symmetric key. Further this key is subjected to asymmetric encryption
using buyers/bid openers public keys. Overall, the uploaded tender documents become
readable only after the tender opening by the authorized bid openers.
1.4.5 ASSISTANCE TO BIDDERS:
(i) Any queries relating to the tender document and the terms and conditions contained
therein should be addressed to the Tender Inviting Authority or the relevant contact
person indicated in the tender.
(ii) Any queries relating to the process of online bid submission or queries relating to CPP
Portal in general may be directed to the 24X7 CPP Portal Helpdesk.
Toll Free Number 1800-3070-2232. Mobile No.+91-7878007972 and +91-7878007973.
2.2 The bidders must fulfil the following minimum Qualifying Criteria:-
2.2.1 A To qualify for award of the Contract, each bidder should have
a) Achieved in any one year in last three year ending FY 2018-19 a minimum financial
turnover of at least equal to estimated cost of work i.e. Rs. 2,79,09,068/- for which bid
has been invited.
b) Experience of having successfully completed similar works during last Seven (7) years
(ending 28 days prior to the deadline date for online submission of Bid) either of the
following:
Three (03) similar completed works each costing not less than Rs. 111.63 lakhs
OR
Two (02) similar completed works each costing not less than Rs. 139.54 lakhs
OR
One (01) similar completed work costing not less than Rs. 223.27 lakhs.
Note: - In support of 2.2.1A (a) above, Notarized copy of Printed Annual reports or
financial statements of the Bidder, such as balance sheet, profit and loss
statements and auditor's reports as the case may be for the past three years
(ending FY 2018-19) shall be submitted to ascertain bidder’s meeting the
financial criteria as stipulated in clause 2.2.1A (a) .
In support of 2.2.1A (b) above, the bidder shall submit notarized copy of Supply
Order / Work Order /Letter of Award with detailed BOQs and notarized copy of
successful completion certificate(s)/ successful installation certificate
signed/issued by purchaser/owner/employer to establish the successful
completion of the awarded works.
In case Purchaser / Owner/employer issuing experience certificate is non-
government entity, the bidders shall also submit notarized copy of TDS
certificate.
Detail of such experience shall be furnished in Annexure-IV format of ITB.
The word ‘completed’ means that the bidder should have provided at least one
(1) year continuous service even if the total work order or contract is not
completed /closed. The same shall be supported by the documentary evidence
issued by the concerned owner/employer.
2.2.1 B To qualify for Contract for which bids are invited in the Notice Inviting Tender, the bidder
must demonstrate having work experience, financial capability and resources sufficient
to meet the aggregate of the qualifying criteria. Failure to produce the certificates and
documents in clauses 2.1 and 2.2.1(A) shall make the bid non-responsive.
2.2.1 C JVs or any other arrangement other than sole bidder is not allowed. Work experience
of bidder as sub-contractor shall not be considered in qualification of its bid
2.2.2 All Start-ups (whether MSEs or otherwise), falling within the definition as per Gazette
notification- G.S.R. 501 (E) dt. 23.05.2017 or as amended from time to time are
exempted from meeting the qualification criteria in respect of Prior Experience-Prior
Turnover in public procurement subject to meeting of quality and technical
specifications for which necessary documents shall be submitted by such bidders.
Declaration in this regard is to be submitted by the Bidder as per Annexure-
VIII.
However, in case of circumstances (like procurement of items related to public safety,
health, critical security operations and equipment’s, etc.) where purchaser may prefer
the vendors to have prior experience rather than giving orders to new entities, such
procurements, wherever adequate justifications exists, the purchaser may not relax
the criteria of prior experience / turnover for the Start-ups
2.2.3 All Micro and Small Enterprises (MSEs) are exempted from meeting the qualification
criteria in respect of Prior Experience-Prior Turnover in public procurement subject to
meeting of quality and technical specifications for which necessary documents shall be
submitted by such bidders.
2.2.4 The reference date for considering the period for eligibility / qualification requirements
above shall be the last day of the month previous to the one in which tenders are invited.
2.2.5 Each bidder must also produce with their Bid – PAN, Goods & Services Tax Identification
No. (GSTIN), EPF Registration No.& ESI Registration.
2.3 The Bidder should not have been banned / de-listed / blacklisted / debarred from business
or declared ineligible on the grounds mentioned in para 6 of Guidelines on Banning of
Business Dealings (Annexure-A) to Integrity Pact, ITB Clause 9.0. Self-declaration in this
regard is to be submitted as per enclosed Annexure-III.
2.4 To improve transparency and fairness in tendering process and/or during execution of
work undertaken, the Employer is implementing Integrity Pact as per Clause No. 9.0 of
the ITB. The bidder must submit the Integrity Pact as per Proforma (Annexure-II) duly
signed as per Clause 9.0 of ITB.
Pre-contract Integrity Pact is to be executed on plain paper with NHPC Ltd. at the time of
submission of Bids. The successful bidder (Contractor) shall submit duly executed
Integrity Pact on Non-Judicial Stamp Paper of appropriate value prior to signing of
Contract Agreement.
To oversee the compliance under the Integrity Pact, Mr. Sutanu Behuria and Mr.
Rakesh Kumar Agarwal have been appointed as Independent External Monitors (IEM)
by the owner. The Contact Address of IEM is as under: -
Independent External Monitor for NHPC,
Room No.- 211, NHPC Ltd.
NHPC Office Complex,
Sector –33 Faridabad – 121003
2.5 Bids of only those Bidders who are meeting the Eligibility Criteria specified above will be
considered for evaluation and award of the Contract. Bidders will submit duly notarized
requisite supporting documents [as mentioned in the tender document] and
testimonials with their Bids to prove their credentials and claim of meeting the Eligibility
Criteria.
3.0 Cost of Bidding Document
3.1 Complete bid document can be viewed and downloaded from NHPC Limited
website www.nhpcindia.com and Central Public Procurement (CPP) Portal
http://eprocure.gov.in/eprocure/app. The bidder will be required to submit a non-
refundable fee of Rs. 1500/- (Rupees One Thousand Five Hundred only) in the form
of Crossed Demand Draft in favour of “NHPC Limited” payable at ‘Faridabad’ towards
the cost of bidding document. The bidder shall fill the Cost of bidding document details
online and submit DD to Tender Inviting Authority, as mentioned below, on or before the
date as specified in NIT.
3.2 Micro and Small enterprises (MSEs) registered with NSIC under their Single Point
Registration Scheme or District Industries Centre (DIC) or Khadi and Village Industries
Commission (KVIC) or Khadi and Village Industries Board (KVIB) or Coir Board or
Directorate of Handicrafts and Handlooms or any other body specified by Ministry of
MSME or MSEs having Udyog Aadhar Memorandum for the goods/ services are
exempted from furnishing the cost of bidding document. They should furnish a Notarized
copy of the valid registration certificate/ Entrepreneurs memorandum (EM-II) details/
other relevant documents issued by above board/ body in their favours, for the goods/
services covered under this tender document. No other bidders are exempted from
furnishing Cost of bidding document as mentioned above.
3.3 The Bidder shall bear all costs associated with the preparation and submission of his bid,
and the Employer will in no case be responsible or liable for these costs, regardless of
the conduct or outcome of the bidding process.
3.4 Bids received unaccompanied by either an acceptable Tender Fee or a notarized
photocopy of valid certificate of registration stated as above shall be rejected as being
non-responsive.
4.0 Bid Security / Earnest Money Deposit (EMD)
4.1 Bidder shall submit along with the bids, the requisite Bid Security / EMD for an amount
of Rs. 5,58,000/- (Rupees Five Lacs Fifty-Eight Thousand Only) as given in NIT
appended hereto. Bid security / EMD may be deposited in the form of a Crossed Bank
Draft/ Bank Guarantee in favour of NHPC Limited, payable at Faridabad.
Micro and Small enterprises (MSEs) Units registered with NSIC under their Single Point
Registration Scheme or District Industries Centre (DIC) or Khadi and village Industries
Commission (KVIC) or Khadi and Village Industries Board (KVIB) or Coir Board or
Directorate of Handicrafts and Handlooms or any other body specified by Ministry of
MSME or MSEs having Udyog Aadhar Memorandum for the goods/ services are
exempted from furnishing the Bid Security/ EMD.
Start-ups as recognised by Department of Industrial Policy & Promotion (DIPP) are
exempted from furnishing the Bid Security / EMD. They should furnish with the Bid a
Notarized copy of the valid Certificate of Recognition issued by DIPP. No other bidders
are exempted from furnishing Bid Security / EMD except as mentioned elsewhere in the
document.
They should furnish with the Bid a Notarized copy of the valid registration certificate/
Entrepreneurs memorandum (EM-II) details/ other relevant documents issued by above
board/body in their favors, for the goods/ services covered under this Tender document.
No other bidders are exempted from furnishing Bid Security/ EMD as mentioned above.
Bidders shall communicate the following bank details to the issuing Bank for online
confirmation of Bank Guarantee to be submitted in terms of this clause:
Name of the beneficiary: NHPC LIMITED
Account No.: 10813608692
IFSC Code: SBIN0017313
Address of the Bank: State Bank of India, 5th Floor Red Fort Capital, Parsvnath
Tower, Bhai Veer Singh Marg, Gole Market, New Delhi – 110001.
4.2 The bidders shall not be entitled, during the period of validity of their offers without the
consent in writing of the Employer, to revoke or withdraw their bids or vary in any respect
their offer or any terms and conditions thereof. In case of a bidder revoking or
withdrawing his Bid or varying any terms and conditions in regard thereto without the
consent of the Employer in writing during the period of validity of his offer, the Employer
shall forfeit the Bid Security / EMD furnished by the bidder along with his offer.
In addition to this the bidder may at the discretion of the Employer, be debarred from
bidding for a period as may be considered fit by the Employer, against any Bid that might
be invited by the Employer in future. The Employer will also be within its rights to circulate
the information, at its discretion to other prospective Employers about the bidder having
withdrawn his offer within the validity period.
4.3 Bids received unaccompanied by either an acceptable Bid Security / EMD or a
notarized copy of valid certificate of registration stated as above shall be rejected as
being non-responsive.
4.4 Bid Security / EMD of the successful bidder will be returned when the bidder has
furnished requisite Performance Guarantee as stipulated in Conditions of Contract. Bid
Security / EMD of bidders who are not qualified for opening of price bid shall be returned
within 15 days after such notification. The Bid security / EMD of all the unsuccessful
bidders whose price bid has been opened will be returned within 15 days of notification
of the award of Contract to the successful bidder. The Earnest Money of unsuccessful
bidders shall be remitted by the Employer in the account mentioned in ECS Form
(Annexure-VI) through ECS mode.
4.5 (I) The Bid Security / EMD shall be forfeited:
(a) If the Bidder withdraws its bid or varies any terms & conditions, without the consent
of the Employer, in regard thereto during the period of Bid validity specified by the
bidder; or
(b) If the bidder indulges in Corrupt, Fraudulent, Collusive or Coercive practice(s) as
mentioned in the clause 13.0 of ITB or defaults commitments under Integrity Pact
(ITB clause no. 9.0); or
(c) If the bidder does not accept the correction of its Bid Price pursuant to ITB Sub-
Clause 11.7; or
(d) If the successful bidder having been notified of the acceptance of its Bid by the
Employer during the period of Bid validity refuses to accept / execute the Order or
fails to enter into Contract Agreement when required; or
(e) In the case of a successful Bidder, if the Bidder fails within the specified time limit
to furnish the required Performance Security in accordance with Conditions of
Contract.
(II) Any liability of GST arising out of forfeiture of EMD shall be borne by the contractor.
5.0 The bidder shall prepare the bid and submit the bid online on “Electronic Tendering
System” in following manner:
5.1 ONLINE SUBMISSION:
5.1.1 Cover-1: Techno-commercial Bid:
Online Bids should be submitted containing scanned copy of following documents in
Cover-1:
i) All Documents establishing conformity to the Eligibility Criteria as mentioned at
Clause-2.0 of ITB.
ii) Demand Draft/ Banker’s Cheque/ Notarized copy of valid relevant MSEs
Certificate towards Cost of Bidding Document.
iii) Demand Draft/ Banker’s Cheque/ Bank Guarantee/ Notarized copy of valid
relevant MSEs/Start-up Certificate towards Bid Security / EMD.
iv) Copy of proof in respect of declaration of UAM number / documents on CPP
Portal (if applicable), refer clause-2.1 of NIT & ITB)
v) Pre-Contract Integrity Pact [Annexure-II].
vi) ECS Form [Annexure-VI].
vii) Copy of PAN, GST Registration Certificate, EPF Registration & ESI certificate.
viii) Details of Past Experience (Annexure – IVA) & Annual Turnover (Annexure-IV B)
along with notarized copy of supporting documents.
ix) Bid Proforma [Annexure-V].
x) Annexure-V (A)-HSN/SAC Code of quoted items.
xi) Copy of Notarized Power of Attorney along with authority of executants (i.e.
Notarized copy of resolution of the Board containing name of executant).
xii) Declaration regarding applicability of Micro, Small & Medium Enterprise under
MSMED Act, 2006 along with notarized copy of certificate [Annexure-VII].
xiii) Declaration regarding applicability of Start-Ups under Start-Up India Initiative
along with notarized copy of Certificate of Recognition issued by DIPP [Annexure-
VIII].
xiv) Annexure-III on letter head of the firm-Self declaration by the bidder
xv) Annexure-IX-Declaration by the bidder
xvi) Scanned copy of Undertaking related to GST (Annexure-X)– on letter head of the
firm.
The scanned copy(ies) of all the offline documents (hard copies) are to be uploaded
online on the portal along with the Bid as provided in ITB clause 5.1.
i) DD/ Banker’s Cheque/ Notarized copy of valid relevant MSEs Certificate towards
Cost of Bidding Document.
ii) DD/ Banker’s Cheque/ Bank Guarantee/ Notarized copy of valid relevant MSEs
Certificate/ start up certificate towards Bid Security / EMD.
iii) Power of Attorney along with authority of executants (i.e. Notarized copy of
resolution of the Board containing name of executant).
Hard copy of online documents, if desired by the Employer, shall be submitted by the
bidder in due course of time.
These envelope(s) shall not contain anything else. This part of bid should not contain any
“Price information”.
If any discrepancy is found between the Hard Copies of the offline documents viz. DD
towards Cost of bid document & DD / BG towards Bid Security, Power of Attorney and
scanned copy of same uploaded online then the online bid shall be liable for rejection.
5.3 The online bid (Techno-commercial Bid and Price Bid) shall be submitted upto the due
date & time indicated in the NIT or any extension thereof. Offline documents (as
specified at Clause No. 5.2 above) in Physical Form shall be received by the Employer
at the address specified in Invitation for Bids (Notice Inviting e-Tender) not later than
the time and date stated in the Invitation for Bids or any extension thereof. In the event
of the specified date for submission of Offline documents being declared a holiday for
the Employer, the same will be received upto the appointed time on next working day.
However, the date and time for online submission of the Bids shall continue to be the
date and time specified or amended, if any.
5.4 The Employer reserves the right to itself to postpone and/or extend the date of
receipt or to withdraw the Bid notice, without assigning any reason thereof, entirely
at its discretion. In such an event, bidders shall not be entitled to any compensation,
in any form whatsoever.
5.5 The work covered by this Bid specification shall be executed strictly in accordance
with the conditions specified in the “Conditions of Contract” and other conditions
specified in various sections of this Bid document. Bidders are requested to submit
their offer strictly in line with terms and conditions of tender specification, otherwise
bid may be rejected. Bids silent regarding any of the terms or specifications shall be
presumed to be confirming to the specifications and terms & conditions as stipulated
in this Bid document.
5.6 Bidders shall give a breakdown of the prices in the manner and detail called for in
the Schedule of Quantities & Prices. The bidder shall quote their prices on “Firm”
basis in all respects. The bidder shall as certain the rate of all applicable taxes &
duties and shall fill up price bid accordingly.
Further, Bidders shall have to quote HSN/SAC Code for the individual item in Annexure- V- A
in Technical Bid.
The same HSN/SAC shall prevail throughout the entire contract and no alteration thereof is
permissible during contract for any reason whatsoever, unless otherwise specified in any other
provisions of this contract or required due to change in tax law.
5.7 It is imperative for each bidder to satisfy himself completely of all local conditions and the
nature of the site. A Bidder shall be deemed to have full knowledge of the site.
5.8 The Bidder should possess a valid PF or appropriate Mediclaim policy/ ESIC registration
number and Goods & Services Tax Identification Number (GSTIN) duly allotted by the
concerned Authorities and shall furnish proof towards the same along with the bid.
5.9 The bidder should provide the PAN and a copy of PAN card issued by the Income tax
department contact/ mobile & landline telephone numbers along with bids.
5.10 Price bid of bidders, whose techno-commercial bids are not considered acceptable to the
Employer, will be archived unopened. The decision of the Employer is final and binding
in this regard.
5.11 The rates and prices quoted by the bidder shall be inclusive of EPF and ESI contribution
in respect of this contract. However, the same has been freezed in the BOQ as per the
extent rate. The EPF and ESI Contribution on the part of Employer in respect of this
contract shall be paid by the Contractor. These contributions on the part of Employer paid
by the Contractor shall be reimbursed by the Engineer-in-Charge to the Contractor on
actual basis on production of documentary evidence.
Further, the reimbursements are subject to Production of Contract Wise copy of separate
Challan Cum Return (ECR) for monthly payment of EPF by the Contractor. However,
during currency of the Contract the Contractor shall also comply and furnish the
document in respect of statutory returns of EPF like F-6A and F-3A in respect of
Contractor’s Employees engaged in the Contract. GST as applicable on EPF & ESI shall
also be reimbursed.
6.0 Past Experience
The Bidder should fill the details of his past experience in the works covered under these
specifications in the following Proforma and submit the same online as per Annexure-IV
appended here with.
7.0 Bid Proforma
The bidder should fill in the Bid Proforma appended as Annexure-V here with and submit
the same online. Bidders are required to quote HSN/SAC Code for the individual item in
Annexure- V-A in Technical Bid
8.0 ECS Form
Bidders are required to submit duly filled in ECS Form appended as Annexure-VI
herewith and submit the same online.
9.0 INTEGRITY PACT
To improve transparency and fairness in tendering process and/or during execution of
work undertaken, the Employer is to implement a transparency pact.
The Pre-contract integrity pact, signed by all the prospective Bidders and the Employer
shall commit the persons/ officials of both the parties, not to exercise any corrupt/
fraudulent/ collusive/ coercive practices in the tendering process and also during
implementation of the contract. Only those Bidders who have entered into
Integrity Pact with the Employer shall be eligible to participate in the bidding process.
Entering into Integrity Pact as per Performa (Annexure-II) provided in the tender is a basic
qualifying requirement.
Pre-contract Integrity pact is to be executed on plain paper with NHPC Ltd. at the time of
submission of Bids. The successful bidder (Contractor) shall submit duly executed
Integrity Pact on Non-Judicial Stamp Paper of appropriate value prior to signing of
Contract Agreement.
To oversee the compliance under the Integrity Pact, Mr. Sutanu Behuria and Mr.
Rakesh Kumar Agarwal have been appointed as Independent External Monitors (IEMs)
by the Owner. The Contact Address of IEM is as under: -
Independent External Monitor for NHPC,
Room No.-211, Jyoti Sadan, NHPC Ltd.
NHPC Office Complex,
Sector–33 Faridabad – 121003
Quantities & Prices shall be considered for the purpose of evaluation of bids.
11.6 Any adjustments in price that result from the above procedures shall be added, for
purposes of comparative evaluation only, to arrive at an ‘Evaluated Bid Price’. Bid prices
quoted by Bidder shall remain unaltered.
11.7 Arithmetical errors will be rectified on the following basis:
If there is a discrepancy between the unit price and the total price which is obtained by
multiplying unit price and quantity, or between subtotal and the total price, the unit or
subtotal price as the case may be shall prevail, and the total price shall be corrected. If
there is a discrepancy between words and figure of the unit rates, the unit rates in words
will prevail. If bidder does not accept the correction of errors, its bid will be rejected and
the Bid Security / EMD will be forfeited in accordance with ITB sub-clause 4.5.
11.8 If the bid of the successful bidder contains abnormally high rated items or abnormally low
rated items i.e. above or below 25% in relation to the Engineer’s estimate items to be
performed under the contract, the Employer may require that the amount of the
performance security set forth in Clause5.0 of GCC be increased to a level sufficient to
protect the Employer against financial loss in the event of default of the successful Bidder
under the Contract. The amount of the increased performance security shall be decided
at the sole discretion of the Employer, which shall be final, binding and conclusive on the
bidder. The additional performance security shall be valid up to Time for Completion of
the work under the scope of the contract.
12.0 Award Criteria & Employer’s Right to accept any bid and to reject any or all
Bids
12.1 The Employer reserves the right to accept or reject any bid, or cancel/ withdraw invitation
to Bid for any reason including National Defence and security conditions, and annul the
Bidding process and reject all bids at any time prior to the award of Contract, without
thereby incurring any liability to the affected Bidder or Bidders. However, the Bidder(s),
who wish to seek reasons for such decision of cancellation/ rejection, shall be informed
of the same by Employer unless its disclosure reasonably could be expected to affect the
sovereignty and integrity of India, the security, strategic, scientific or economic interest of
the State, relation with foreign state or lead to incitement of an offence.
12.2 The Employer shall not be bound to accept the lowest or any bid and reserves to itself
the right of accepting whole or a portion of any of the bid as it may deem fit, without
assigning any reason thereof.
12.3 Canvassing in any form or any approach, official or otherwise, by the Bidder to influence
the consideration of his bid shall render the bid liable to summarily rejection.
12.4 Subject to ITB Clause 12.1 and 12.2, the Employer shall award the contract to the
successful Bidder whose bid has been determined to be substantially responsive and to
be the lowest evaluated bid, further provided that the Bidder is determined to be qualified
to perform the contract.
12.5 The Evaluated price arrived at in terms of clause 11.0 shall be considered for the
comparison and evaluation of the bids. However, for the purpose of award of work the
lesser of the total price quoted by the Bidder as per ‘price bid’ or the evaluated price as
per clause 11.0 of ITB shall be considered.
12.6 The parties shall sign the Contract Agreement (three sets in Original) within 28 days from
the date of issue of Letter of Award. The Contractor shall be provided with one signed
original Contract Agreement. The expenses of completing and stamping the agreement
shall be borne by the Contractor. Subsequent to signing of the Contract, the Contractor
at his own cost shall provide the Employer with four (4) true copies of Contract agreement
within fifteen (15) days after signing of Contract.
Micro and Small enterprises (MSEs) registered with NSIC under their Single Point
Registration Scheme or District Industries Centre (DIC) or Khadi and village Industries
Commission (KVIC) or Khadi Village and Industries Board (KVIB) or Coir Board or
Directorate of Handicrafts and Handlooms or any other body specified by Ministry of
MSME or MSEs having Udyog Aadhar Memorandum for the goods/ services are
exempted from furnishing the Cost of bidding document. They should furnish a Notarized
copy of the valid registration certificate/ Entrepreneurs memorandum (EM-II) details/
other relevant documents issued by above board/body in their favors, for the tendered
goods/ services covered under this tender document. No other bidders are exempted
from furnishing Cost of bidding document as mentioned above.
b. Bid Security / EMD:
Micro and Small enterprises (MSEs) Units registered with NSIC under their Single Point
Registration Scheme or District Industries Centre (DIC) or Khadi and Village Industries
Commission (KVIC) or Khadi and Village Industries Board (KVIB) or Coir Board or
Directorate of Handicrafts and Handlooms or any other body specified by Ministry of
MSME or MSEs having Udyog Aadhar Memorandum for the goods/ services are
exempted from furnishing the Bid Security deposit/ EMD.
They should furnish with the Bid a Notarized copy of the valid registration certificate/
Entrepreneurs memorandum (EM-II) details/ other relevant documents issued by above
board/ body in their favors, for the goods/ services covered under this Tender document.
No other bidders are exempted from furnishing Bid Security/ EMD as mentioned above.
Start-ups as recognised by Department of Industrial Policy & Promotion (DIPP) are
exempted from furnishing the Bid Security / EMD. They should furnish with the Bid a
Notarized copy of the valid Certificate of Recognition issued by DIPP. No other bidders
are exempted from furnishing Bid Security / EMD except as mentioned elsewhere in the
document.
Bids received unaccompanied by either an acceptable Bid Security / EMD or a Notarized
copy of valid certificate of registration stated as above shall be rejected as being non-
responsive.
c. Purchase Preference in favour of MSEs:
Micro and Small enterprises (MSEs) Units registered with NSIC under their Single Point
Registration Scheme or District Industries Centre (DIC) or Khadi and Village Industries
Commission (KVIC) or Khadi and Village Industries Board (KVIB) or Coir Board or
Directorate of Handicrafts and Handlooms or any other body specified by Ministry of
MSME or MSEs having Udyog Aadhar Memorandum for the goods/ services, covered in
this Tender document shall also be eligible for the Purchase Preference.
All Micro and Small Enterprises (MSEs) are exempted from meeting the qualification
criteria in respect of Prior Experience-Prior Turnover in public procurement subject to
meeting of quality and technical specifications for which necessary documents shall be
submitted by such bidders.
In tender, participating Micro and Small Enterprises (MSEs) quoting price within price
band of L1+15% shall also be allowed to execute a portion of the requirement by bringing
down their price to L1 price in a situation where L1 price is from someone other than an
MSE and such MSEs shall be allowed to execute at least 25% of total tendered value. In
case more than one such MSEs, the work will be shared proportionately (to tendered
quantity).
In case of tender item is non-splitable or non-divisible, etc. MSE quoting price within price
band L1+15% may be awarded for full/complete execution of total tendered value to MSE,
considering spirit of Public Procurement Policy, 2012 for enhancing the Govt.
Procurement from MSE.
Out of 25% target of annual procurement from MSEs, a sub target of 4% 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 L-1 price, the 4% sub-target for procurement earmarked for MSEs
owned by SC/ST entrepreneurs will be met from other MSEs.
Out of the total annual procurement from MSEs, 3% from within the 25% target shall be
earmarked for procurement from MSEs owned by women.
Definition of MSEs owned by SC/ST is as given under:
(a) In case of proprietary MSE, proprietor(s) shall be SC/ST.
(b) In case of partnership MSE, the SC/ST partners shall be holding at least 51%
shares in the unit.
(c) In case of Private Limited Companies, at least 51% share shall be held by
SC/ST promoters.
15.0 Check List (This Check List duly tick marked shall be submitted online)
Sl. Document Required Action required Submitted
No. Please
tick (√)
1a) Notarized copies of Documentary evidences in support of To be uploaded
the qualification criteria as per ITB Clause No. 2.0. online.
b) Self-declaration in original on Company’s Letterhead:
The bidder should not have been banned/de-listed/ To be uploaded
blacklisted/ de-barred from business or declared online.
ineligible on the grounds mentioned in Para 6 of
Guidelines on Banning of Business dealings (Annex-A)
to Integrity Pact[if applicable], ITB Clause no. 9.0 of
tender document on Company’s Letterhead as per
format (Annexure-III).
c) Integrity Pact along with all Annexure and Appendix To be uploaded
as per Performa duly signed & Stamped at each page. online.
(Annexure-II & its all Performa)
2. Cost of Bidding Document To be submitted in
hard copy and
(i) DD amounting to Rs. 1,500/- (i)
uploaded online.
Or Or
(ii) Notarized copy of valid Certificate towards exemption (ii)
of Cost of bid document.
3. Bid Security / EMD To be submitted in
hard copy as original
(i) DD Amounting to Rs. 5,58,000/- (i)
in case of DD/BG
or and uploaded online. Or
(ii) In case of Bank Guarantee, strictly in the format of (ii)
Annexure-I, Amount ₹ 5,58,000/-, validity as per tender
document.
or Or
(iii) Notarized copy of valid certificate towards exemption (iii)
of Bid Security / EMD.
4. Copy of proof in respect of declaration of UAM number / To be uploaded
documents on CPP Portal (if applicable), refer clause- online
2.1 of NIT & ITB)
Note: The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered
to: -
i) Obtain individual Digital Signature Certificate (DSC or DC) well in advance of tender
submission deadline.
ii) Register your Organization on CPPP well in advance of tender submission deadline.
iii) Get your Organization’s concerned executives trained on CPPP well in advance of tender
submission deadline.
iv) Submit your bids well in advance of tender submission deadline on portal (There could
be last minute problems due to internet timeout, breakdown, etc.) While the first three
instructions mentioned above are especially relevant to first-time users of portal, the
fourth instruction is relevant at all times.
Note: Electronic procurement system will not allow any Bidder to place their bids after the
expiry of scheduled date & time. NHPC/ NIC-CPPP shall not be responsible for any
delays/ problems related to bandwidth, connectivity etc., which are beyond the
control of the NHPC/ NIC-CPPP.”
-----------------------------------------------------X----------------------------------------------------
ANNEXURE-I
Date:__________
[Name of Contract]
To:
NHPC Limited
NHPC Office Complex
Sector-33, Faridabad (Haryana) -121003 (India)
WHEREAS [name of Bidder] (hereinafter called “the Bidder”) has submitted its Bid dated [date
of bid] for the performance of the above-named Contract (hereinafter called “the Bid”)
KNOW ALL PERSONS by these present that WE [name of bank] of [address of bank]
(hereinafter called “the Bank”), are bound unto [name of Employer] (hereinafter called “the
Employer”) in the sum of: [amount], for which payment well and truly to be made to the said
Employer, the Bank binds itself, its successors and assigns by these presents.
Sealed with the Common Seal of the said Bank this____day of_________20________
(a) If the Bidder withdraws its bid or varies any terms & conditions, without the consent
of the Employer, in regard thereto during the period of bid validity specified by the
Bidder. Or
(c) If the successful bidder fails to enter into Contract Agreement when required. Or
(d) In the case of a successful Bidder, if the Bidder fails within the specified time limit to
furnish the required Performance Security, in accordance with Conditions of
Contract.
WE undertake to pay to the Employer up to the above amount upon receipt of its first written
demand, without the Employer having to substantiate its demand, provided that in its demand
the Employer will note that the amount claimed by it is due to it, owing to the occurrence of any
of above-named Condition/Conditions, and specifying the occurred condition or conditions.
Notwithstanding anything contained herein above our liability under this Guarantee is limited
to................. (Rupees ............. only) and our Guarantee shall remain in force until........... day of
..........., 20 ............. *@ unless a claim or demand under this Guarantee is made on
1. ................................................ ...............................
(Signature) (Signature)
................................................ .....................................
(Name) (Name)
................................................ .................................................
(Official Address) (Designation with Bank Stamp)
2. ................................................
(Signature) Including staff Authority No. with
complete Bank Address with Tel. Fax
Nos. ………………………….............
...............................................
(Name)
................................................
(Official Address)
ANNEXURE-II
(To be filled and uploaded online)
PRE-CONTRACT INTEGRITY PACT
Between
NHPC Limited, a company incorporated under the Companies Act 1956 and having its registered
office at NHPC Office Complex, Sector-33, Faridabad-121003 (Haryana), hereinafter referred
to as “ The Employer” which expression shall mean and include, unless the context otherwise
requires, his successors in office and assigns of the First Part.
and
M/s ----------------------------------------------, a company/ firm/ individual (status of the company)
and having its registered office at ------------------------ represented by Shri ________,
hereinafter referred to as “The Bidder/Contractor” which expression shall mean and include,
unless the context otherwise requires, his successors and permitted assigns of the Second Part.
WHEREAS the Employer proposes to procure under laid down organizational procedures,
contract/s for –“ Housekeeping Services of Neer Shakti Sadan and Jal Tarang Auditorium
at NHPC Office Complex, Sector-33, Faridabad”(Name of the work/ goods/ services) and the
Bidder/Contractor is willing to offer against NIT No. NH/EMS019/47/2020/……………….
WHEREAS the Bidder/ Contractor is a private company / public company/Government
undertaking/ partnership/ consortium/ joint venture constituted in accordance with the relevant
law in the matter and the Employer is a Public Sector Enterprise.
NOW, THEREFORE,
To avoid all forms of corruption by following a system that is fair, transparent and free from any
influence/prejudiced dealings prior to, during and subsequent to the currency of the contract to
be entered into with a view to:-
Enabling the Employer to obtain the desired said (work/ goods/ services) at a competitive price
in conformity with the defined specifications by avoiding the high cost and the distortionary
impact of corruption on public procurement, and
Enabling the Bidder(s)/Contractor(s) to abstain from bribing or indulging in any corrupt practice
in order to secure the contract by providing assurance to them that their competitors will also
abstain from bribing and other corrupt practices and the Employer will commit to prevent
corruption, in any form, by its officials by following transparent procedures.
1.0 Commitments of the Employer
1.1 The Employer undertakes that no official of the Employer, connected directly or indirectly
with the contract, will demand, take a promise for or accept, directly or through
intermediaries, any bribe, consideration, gift, reward, favour or any material or immaterial
benefit or any other advantage from the Bidder/Contractor, either for themselves or for
any person, organization or third party related to the contract in exchange for an
advantage in the bidding process, bid evaluation, contracting or implementation process
related to the contact.
1.2. The Employer will, during the pre-contract stage, treat all the Bidders/Contractors alike,
and will provide to all the Bidders/Contractors the same information and will not provide
any such information to any particular Bidder/Contractor which could afford an advantage
to that particular Bidder/Contractor in comparison to other Bidders/Contractors.
1.3. All the officials of the Employer will report to the appropriate Authority any attempted or
completed breaches of the above commitments as well as any substantial suspicion of
such a breach.
2.0 In case any such preceding misconduct on the part of such official(s) is reported by the
Bidder to the Employer with full and verifiable facts and the same is prima facie found to
3.12 If the Bidder/Contractor or any employee of the Bidder/Contractor or any person acting
on behalf of the Bidder/Contractor, either directly or indirectly, is a relative of any of the
officers of the Employer, or alternatively, if any relative of an officer of the Employer has
financial interest/stake in the Bidder(s)/Contractor(s) firm(excluding Public Ltd. Company
listed on Stock Exchange), the same shall be disclosed by the Bidder/Contractor at the
time of filling of tender.
The term ‘relative’ for this purpose would be as defined in Section 2(77) of the
Companies Act 2013.
3.13 The Bidder(s)/Contractor(s) shall not lend to or borrow any money from or enter into
any monetary dealings or transactions, directly or indirectly, with any employee of the
Employer.
3.14 The representative of the Bidders/Contractors signing Integrity Pact shall not approach
the Courts while representing the matters to IEMs and he/she will wait their decision in
the matter.
3.15 In case of Sub-Contracting, the bidder shall take the responsibility of the adoption of
Integrity Pact by the Sub-Contractor.
4.0 Previous Transgression
4.1 The Bidder(s)/Contractor(s) declares that no previous transgression occurred in the last
three years immediately before signing of this Integrity Pact, with any other company in
any country in respect on any corrupt practices envisaged hereunder or with any Public
Sector Enterprise in India or any Government Department in India.
5.0 Earnest Money (Security Deposit)
The provision regarding Earnest Money/Security Deposit as detailed in the Notice Inviting
Tender (NIT) and Instruction to Bidders (ITB) section of the Bid Document is to be
referred.
6.0 Sanctions for Violations
6.1 Any breach of the aforesaid provisions, before award or during execution by the
Bidder/Contractor or any one employed by it or acting on its behalf such as to put their
reliability or credibility in question. shall entitle the Employer to take action as per the
procedure mentioned in the “Guidelines on Banning of Business Dealings” attached as
Annexure-A and initiate all or any one of the following actions, wherever required:-
(i) To immediately call off the pre contract negotiations without assigning any reason or
giving any compensation to the Bidder/Contractor. However, the proceedings with
the other Bidder(s)/Contractor(s) would continue.
(ii) The Earnest Money Deposit (in pre-contract stage) and/or Security
Deposit/Performance Bond (after the contract is Signed) shall stand forfeited either
fully or partially, as decided by the Employer and the Employer shall not be required
to assign any reason thereof.
(iii) To immediately cancel the contract, if already signed, without giving any
compensation to the Contractor. The Bidder/Contractor shall be liable to pay
compensation for any loss or damage to the Employer resulting from such
cancellation/rescission and the Employer shall be entitled to deduct the amount so
payable from the money(s) due to the Bidder/Contractor.
(iv) Deleted.
(v) To encash the Bank guarantee, in order to recover the dues if any by the Employer,
along with interest as per the provision of contract.
(vi) Deleted .
contractual relations between the parties. The parties will offer to the Monitor the option
to participate in such meetings as and when required.
7.8 The Monitor will submit a written report to the CMD, NHPC Ltd., within 8 to 10 weeks
from the date of reference or intimation to him by the Employer/Bidder and should the
occasion arise, submit proposals for correcting problematic situations.
7.9 The word ‘Monitor’ would include both singular and plural.
For & On behalf of the Employer For & On behalf of the Bidder / Contractor
Witness1.____________________ Witness1.___________________
(Name and address) (Name and address)
2.__________________________ 2.__________________________
(Name and address) (Name and address)
Annexure-A
Guidelines on Banning Business Dealings
1.0 Introduction
1.1 NHPC Limited (NHPC) deals with Agencies viz. parties/ contractors/
suppliers/ bidders, who are expected to adopt ethics of highest standards
and a very high degree of integrity, commitments and sincerity towards the
work undertaken. It is not in the interest of NHPC to deal with Agencies who
commit deception, fraud or other misconduct in the tendering process and/or
during execution of work undertaken. NHPC is committed for timely
completion of the Projects within the awarded value without compromising
on quality.
1.2 Since suspension/ banning of business dealings involves civil
consequences for an Agency concerned, it is incumbent that adequate
opportunity of hearing is provided and the explanation, if tendered, is
considered before passing any order in this regard keeping in view the facts
and circumstances of the case.
2.0 Scope
2.1 NHPC reserves its rights to remove from list of approved suppliers /
contractors (if such list exists) or to Suspend/Ban Business Dealings if any
Agency has been found to be non / poor performing or have committed
misconduct or fraud or anything unethical or any of its action(s) which falls
into any such grounds as laid down in this policy.
2.2 The procedure of (i) Removal of Agency from the List of approved suppliers
/ contractors; (ii) Suspension and (iii) Banning of Business Dealing with
Agencies, has been laid down in these guidelines.
2.3 These guidelines shall apply to all the units of NHPC.
2.4 These guidelines shall not be applicable in Joint Venture, Subsidiary
Companies of NHPC unless they are assignees, successors or executor.
2.5 The suspension/banning except suspension/banning under Integrity Pact
shall be with prospective effect, i.e. future business dealings.
3.0 Definitions
In these Guidelines, unless the context otherwise requires:
i) “Agency /Party / Contractor / Supplier / Bidders/Vendors” shall mean and
include a public limited company or a private limited company, a joint Venture,
Consortium, HUF, a firm whether registered or not, an individual, cooperative
society or an association or a group of persons engaged in any commerce,
trade, industry, etc. “Party / Contractor/ Supplier / Bidder/Vendor” in the context
of these guidelines is indicated as ‘Agency’.
ii) “Unit” shall mean the Corporate Office, Project/ Power Station/ Regional
Office/ Liaison Office or any other office of NHPC.
iii) “Competent Authority” and ‘Appellate Authority’ shall mean the following:
a) For works awarded/under Tendering from corporate office (falling in the
competency of CMD /Board of Directors)
(Note: The examples given above are only illustrative and not exhaustive. The
Competent Authority may decide to ban business dealing for any good and
sufficient reason).
7.0 Procedure for Banning of Business Dealings
7. 1 An Investigating Committee shall be constituted by the authority competent to
Ban the dealing comprising members from Engineering/Indenting department
(convener), Finance, Law and C o nt r ac t . The level of the committee
members shall be CGM and above for works falling in the competency of
CMD/Board of Directors, General Manager and above for the works falling in
the competency of Director/ Executive Director and DGM/SM with at least one
member of the level of General Manager for works falling in the competency of
CGM and below.
7.2 The order of Banning of Business Dealings shall be effective throughout the
NHPC. During the period of Banning of Business Dealings, no Business
Dealing shall be held with the Agency.
The purpose of issuing the Show Cause Notice is only that the Agency
concerned shall be given an opportunity to explain their stand before any
action is taken. The grounds on which action is proposed to be taken shall be
disclosed to the Agency inviting representation and after considering that
representation, orders may be passed. Such orders require only the
satisfaction of the authority that passed the final orders.
If the Agency requests for inspection of any relevant document in possession
of NHPC, necessary facility for inspection of documents may be provided.
During the conductance of oral hearing, only the regular duly authorized
employees of Agency will be permitted to represent the Agency and no
outsider shall be allowed to represent the Agency on its behalf.
Reply to the Show Cause Notice given by the Agency and their submissions
in oral hearing, if any, will be processed by the Committee for obtaining final
decision of the Competent Authority in the matter.
In case, no reply to Show Cause Notice is received from the Agency within
stipulated time, further reminder shall be given with further period of 10 days
thereafter if no reply is received action for processing ex-parte against the
concerned Agency shall be initiated.
7.5 Speaking Order
The speaking order (reasoned order) for banning the business dealing with
the Agency shall be issued by the Competent Authority or by a person
authorized for the said purpose.
The decision regarding banning of business dealings taken after the issue of
a Show Cause Notice and consideration of representation, if any, in reply
thereto, shall be communicated to the Agency concerned along with a
reasoned order. The fact that the representation has been considered shall
invariably be mentioned in the communication. Also, the fact that if no reply
was received to the Show Cause Notice shall invariably be indicated in the
final communication to the Agency. The format for intimation of banning of
business dealing is placed at Appendix– III.
7.6 Period of banning
In case banning is processed for violation of provisions of Integrity pact or due
to corrupt or fraudulent practices, the Competent Authority shall decide on the
period of banning on case to case basis depending on the gravity of the case
and considering the implications for NHPC on account of the act/omission on
the part of the Agency, intention of the Agency as established from the
circumstances of the case etc. The period of banning shall not be less than 6
months and shall not exceed 2 years and in case termination of contract due
to poor performance the period of banning shall be for 5 years. For contracts
awarded to JV/Consortium, a constituent of the JV shall be permitted to
participate in the bidding process if it has not been banned on grounds of its
role and responsibility in the tendering process for which the Joint Venture
has been banned in Past. In case if the Joint Venture which has been banned
does not indicate the roles and responsibility of individual Partner(s) then, the
partner of the banned Joint Venture shall only be allowed to participate in the
bidding process if its participation share is less than 35%.
In case the information/documents submitted by Agency in competing for the
tender found to be false/forged then NHPC, without prejudice to any other
rights or remedies it may possess, shall recover from Agency the cost incurred
in carrying out physical assessment for establishing veracity of such
information/documents. In case Agency refuses to reimburse such cost to
NHPC then banning period of Agency shall be extended by another one year.
7.7 Effect of Banning
As far as possible, the existing ongoing contract(s) with the Agency may
continue unless the Competent Authority, having regard to the circumstances
of the case, decides otherwise, keeping in view contractual and legal issues
which may arise thereof. In case the existing Contracts are allowed to
continue, the suspension/Banning of Business Dealing along with default of
the Contractor shall be recorded in the experience certificate issued for the
work.
The Agency, (after issue of the order of banning of business dealings) would
not be allowed to participate in any future tender enquiry and if the Agency
has already participated in tender process as stand-alone OR constituent of
joint venture and the price bids are not opened, his techno-commercial bid will
be rejected and price bid will be returned unopened. However, where the price
bids of Agency have been opened prior to order of banning, bids of Agency
shall not be rejected and tendering process shall be continued unless
Competent Authority having regard to the circumstances of the case decides
otherwise keeping in view the Contractual, Legal issues which may arise
thereafter. However, in case the suspension /Banning is due to default of an
Agency for the provisions under Integrity Pact and the Agency happens to be
Lowest Bidder (L1), the tendering process shall be annulled and fresh tenders
shall be invited.
During the Suspension/ Banning period, if it is found at any stage that Agency
has participated in tender enquiry under a different name then such Agency
would immediately be debarred from the tender/contract and its Bid
Security/Performance Security would be forfeited. Payment, if any, made shall
also be recovered.
After Suspension/ Banning order, the Suspended/ Banned Agency shall not
be allowed to participate as Sub-Vendor/Sub-Contractor in the tenders.
Further, if the Suspended/ Banned agency is an approved Sub-Vendor under
9.0 Circulation of the names of Agencies with whom Business Dealings have been
banned
The name of the concerned banned agency shall also be shared with MOP and other
PSU in the sector and all the units of NHPC.
The provisions of this policy supersede and will have overriding effect on all earlier
guidelines, procedures & system issued for the similar purpose.
Appendix –I
No………. Date………
To
M/s ………………………
Attn.: Shri ………………..
Dear Sir,
Whereas the work of …………. was awarded to your firm vide letter of award no …dt….. amounting to Rs.
…………. OR In response to NHPC NIT ( e-tender / physical tender ) no ………dt. you have submitted
your bid . (strike out whichever is not applicable )
Whereas the conduct of your firm in respect of the following is under investigation:
(vi)(a) In case the Firm is in Joint Venture the following would also be applicable:
i) Participation of Agency in Joint Venture
Tenders in which your firm has been proposed as Joint Venture Partner by any of the bidders
and price bids have been opened prior to Suspension of your firm in such cases the tendering
process shall not be annulled on this ground and the Agency shall be permitted to continue as
Partner in the Joint Venture for such bidding. However, where event of Price Bid opening has
not taken place prior to Suspension/Banning of Agency then in such case Agency shall not be
permitted to participate as Partner in the Joint Venture.
ii) Banning of joint Venture:
As the Joint Venture is Banned, your firm intends to bid as Partner(s) of Joint Venture in bidding
process then it shall be permitted to participate in the bidding process if it has not been Banned
on grounds of its role and responsibility in the tendering process for which the Joint Venture has
been Banned in Past. In case if the Joint Venture which has been Banned does not indicate the
roles and responsibility of individual Partner(s) then, the partner of the Banned Joint Venture
shall only be allowed to participate in the bidding process if its participation share is less than
35%.
(b) Your firm shall not be allowed to participate as Sub-Vendor/Sub-Contractor in the tenders.
Further if your firm is an approved Sub-vendor under any Contract for such
equipment/component/service, the Main Contractor shall not be permitted to place work
order/Purchase order/Contract on your agency as a Sub-Vendor/Sub-Contractor after the date
of Suspension/ Banning even though the name of the party has been approved as a Sub-
Vendor/Sub-Contractor earlier.
(c) There would be no bar on procuring the spares and awarding Contracts towards Annual
Maintenance (AMC)/ O&M/ Repair works on Agencies pertaining to the packages for which they
have been Banned provided the Equipment has been supplied by such Agency.
(d) Banning of business dealing shall not be applicable to the Subsidiary company of the Banned
agency provided subsidiary company has not participated on the strength of the Banned agency.
On expiry of the above period of Suspension/Banning, you may approach…… (Indicate the concerned
procurement department), with request for revocation of the order mentioning inter-alia the steps taken
by you to avoid recurrence of misconduct which has led to Suspension.
Yours faithfully,
Appendix –II
(Format of Show Cause Notice)
No…………. Date………….
To
M/s ……………………………
……………………………..………
Attn.: Shri ………………..
Dear Sir,
You are hereby required to Show Cause in writing within 15 days from the date hereof why Business
Dealing with your firm should not be banned / your firm is placed in the Banning List (as the case may
be) and be debarred from entering into any contracts with NHPC for the following reasons:
(Give Reasons)
Your reply (if any) should be supported by documents and documentary evidence which you wish to rely
in support of your reply. Should you fail to reply to this Show Cause Notice within the time and manner
aforesaid, it will be presumed that you have nothing to say and we shall proceed accordingly.
Your reply, if any, and the documents / documentary evidence given in support shall be taken into
consideration prior to arriving at a decision.
Yours faithfully,
Appendix –III
(b) Your firm shall not be allowed to participate as Sub-Vendor/Sub-Contractor in the tenders.
Further if your firm is an approved Sub-vendor under any Contract for such
equipment/component/service, the Main Contractor shall not be permitted to place work
Order/Purchase Order/Contract on your agency as a Sub-Vendor/Sub-Contractor after the date of
Banning even though the name of the party has been approved as a Sub-Vendor/Sub-Contractor
earlier.
( c) There would be no bar on procuring the spares and awarding Contracts towards Annual
Maintenance (AMC)/ O&M/ Repair works on Agencies pertaining to the packages for which they
have been banned provided the Equipment has been supplied by such Agency.
(d) Banning of Business Dealing shall not be applicable to the Subsidiary company of the Banned Agency
provided subsidiary company has not participated on the strength of the Banned Agency. However,
in case of a default by a Sub-Contractor, the banning shall be applicable to the Sub-Contractor as
well as the Lead Partner of the concerned JV or the Sole bidder as the case may be.
On expiry of the above period of Banning, you may approach…… (Indicate the concerned
procurement department), with request for revocation of the order mentioning inter-alia the steps
taken by you to avoid recurrence of misconduct which has led to Banning.
Further if you desire to appeal against this order you may do so within 30 days from the date of issue
of this order to the appellate authority as here under:
Appellate Authority : ……
Designation:
Address:…..
Ph . no.
e-mail :
Yours faithfully,
Appendix –IV
(Format for communication of Appellate Decision on Suspension/Banning Order)
This has reference to the order dt……… placing you on Suspension/Banning List and your appeal petition
reference ….. dt…. on the same.
After considering the findings of the Original Authority in order and submissions made by you in your
appeal , and the documents/documentary evidences available on record, it has been decided finally that :
There is no infirmity in the order of the Original Authority, and the allegations stand substantiated
and the Suspension/Banning for the period of …… years/month from the date of order, as ordered
by the original Authority is upheld,
Considering your submissions, the order of Suspension/Banning passed by the original authority is
upheld , but with a reduction in period of Suspension/Banning for ……… years/months from the date
of order of original authority;
Considering your submissions and the evidence available on record, there is enough justification to
annul the order of the original authority.
ANNEXURE-III
(To be filled and uploaded online)
I/We, M/s _____________________________ (Name of Bidder) hereby certify that I/We have
not been banned/ de-listed/ black listed/ debarred from business on the grounds mentioned in
para 6 of Guidelines on Banning of Business dealings (Annex-A) to Integrity Pact, ITB Clause
9.0 of Tender Document.
I/We, M/s _____________________________ (Name of Bidder) hereby further certify that I/We
have not been declared ineligible under para 6 of Guidelines on Banning of Business Dealings.
ANNEXURE-IV A
(to be filled and uploaded online)
PAST EXPERIENCE
ANNEXURE-IV B
(to be filled and uploaded online)
ANNUAL TURNOVER
Fiscal year begins on 01 April in each calendar year. Notarized copy of supporting documents
to be enclosed with the bid for Past Experience as well as Financial Turnover.
ANNEXURE-V
(to be filled and uploaded online)
BID PROFORMA
Station :
Date:
ANNEXURE-V(A)
Sl. HSN/SAC
House Keeping / Consumables Unit
No Code
Covered area :- Housekeeping of all floors, Corridors, Collection of waste paper from all
rooms & paper baskets, Housekeeping of all toilets, bath rooms, urinals, toughened
glass in stairs, steel railings, aluminum doors, windows, wooden door shutters, patch
fitting doors and glazing, grid ceilings, name plates, removal of jala, R&M of water
1 Month
supply and drainage & sewerage system including removing of faults in entire office
complex i/c cost of all T&P items and Any other T&P item as required as per directions
of Engineer-In-Charge. as per Scope of work.(Area to be maintained = 11533.56
Sqm/daily)
Open area :- Housekeeping of roads and pavements, terraces, basements, chhajjas,
underground & Overhead water tanks, removal of waste papers, cigarette buds and
2 Month
other waste material and disposal of same to a designated area i/c all T&P items as per
Scope of work. (Area to be maintained = 19172.72 sqm /daily)
Façade cleaning: - Cleaning of all structural glazing, ACP sheets outside of building fixed
either horizontally or vertically i/c all T&P items, safety gadgets cleaning consumables,
3 Quarter
cleaning equipments as per direction of Engineer in charge. (Area to be maintained =
4513.81 sqm)
4 Liveries for housekeeping boys for Two Year Set
Daily Floor cleaner 5ltr pack (Make/Model-M/s Eureka Forbes (A. MARINE), M/s
5 No.
Diversey (R2), M/s 3M (P2),
Wash room Cleaner 5 Ltr pack (Make/Model-M/s Eureka Forbes (Edelweiss Igienic),
6 No.
M/s Diversey (R1), M/s 3M (P1),
WC & Urinal cleaner 750ml Pack (Make/Model-M/s Eureka Forbes (WC REIN), M/s
7 No.
Diversey (R6), M/s 3M (P6),
Glass surface cleaner 5 Ltr. pack (Make/Model-M/s Eureka Forbes (PLURAL PLUS),
8 No.
M/s Diversey (R3), M/s 3M (P3)
Hand Wash 5Ltr (Make/Model- M/s Godrej Ltd.,M/s Hindustan unilever Ltd., M/s
9 No.
Eureka Forbes Ltd.), M/s 3M (H1),
Heavy-duty cleaners 5 kg pack (Make/Model-M/s Eureka Forbes (CLEANER 2000), M/s
10 No.
Diversey (Spiral HD), M/s 3M (Spiral HD),
Bathroom fittings Cleaner 5 kg pack (Make/Model-M/s Eureka Forbes (Decalc), M/s
11 No.
Diversey (R9), M/s 3M (Stainless steel cleaner sprey),
Brass Cleaner (Make/Model-M/s Reckitt Banckiser India Ltd., M/s Eureka Forbes
12 ltr
Ltd.(Splendi Rame) )
13 Hand wash refill Pack 225 spray pack (Make/Model-Dettol/Lifeboy) No.
Deodorizer 100 gm/ (Make/Model: M/s Balsara -Odonil 100gm/ M/s Godrej -Air
14 No.
pocket)
15 Sanitary cubes 400 gms pack (Make/Model - M/s Nand Kishore Khanna & Sons) No.
Mosquito replant with machine (Make/Model-All out , Good knight)
16 No.
Mosquito replant refill pack (Make/Model-All out , Good knight)
17 No.
Room Freshener (Make/Model-Premium /Odonil)
18 No.
Soap medium (Make/Model-M/s Hindustan Lever Ltd.)
19 No.
Sl. HSN/SAC
House Keeping / Consumables Unit
No Code
Urinal Screen (Make/Model- M/s Staschem (Stas Urinal Screen), M/s V Screen)
20 No.
Lemon Grass/Rose/Ocean/Forest Mist/Ginger etc. Freshener for floor (1Ltr)
21 No.
(Make/Model- M/s Staschem (Stasrom FCF) or Any standard make)
22 Mug Plastic (1Ltr cap) (Make/Model-Any standard make) Nos
23 Garbage Bag (Make/Model-Any standard make) kg
24 CR P2 Battery for sensor taps (Duracell) Nos
Refill can for automatic room freshener (Make/Model-Uniair/Unifresh or Any
25 Nos
standard make)
26 Toilet paper roll (Make/Model-Any standard make) Nos
27 Tissue paper refill for dispenser (Make/Model-Any standard make) Nos
28 Tissue paper (Make/Model-Any standard make) Nos
ECS - Form
ANNEXURE-VI
(to be filled and uploaded online)
NHPC Limited
ELECTRONIC CLEARING SERVICE (CREDIT CLEARING)
(PAYMENT TO PARTIES THROUGH CREDIT CLEARING MECHANISM)
1. BIDDER’S NAME : _
a) ADDRESS : _
_
_
b) Phone/ Mobile No. : __________________
2. PARTICULARS OF BANK ACCOUNT: :
a) BANK NAME :
b) BRANCH NAME : _
c) :
ADDRESS
Telephone No. :
_________
(Bank’s Stamp)
(------------------------------)
Date: Signature of the
Authorized
Official from the Bank
ANNEXURE-VII
(to be filled and uploaded online)
Declaration/Undertaking
A) I/We confirm that the provisions of Micro, Small & Medium Enterprise are applicable/not
applicable to us and our organization falls under the definition of:
Please tick in the appropriate option box [ ] and attach documents/certificate, if any.
B) I/We also confirm that We are MSEs owned by SC/ST/Women Entrepreneurs (Strike
out if not applicable)
C) I/We also undertake to inform the change in this status as aforesaid during the currency
of the contract, if any.
Annexure-VIII
(to be filled and uploaded online)
DECLARATION / UNDERTAKING
[ ] Not applicable to us and our organization does not fall under the definition of
Startups.
Please (tick) the appropriate box [ ] and attach documents / certificates, if any.
B) I/We also undertake to inform the change in this status as aforesaid during the
currency of the contract, if any.
(Authorized
Representative of Firm)
ANNEXURE-IX
(to be filled and uploaded online)
DECLARATIONS
(to be submitted by bidder)
Note: - The firm shall indicate acceptance against each type of declaration. If nothing
is mentioned it shall be treated as acceptance. However, if the bidder
mentioned rejection, against any declaration, the bid shall be considered as
non-responsive.
************
Annexure-X
To,
Dear Sir,
We, M/s............................. (Name of Bidder) have submitted bid Dt... .........for the aforesaid
tender.
Section 171 of CGST Act. /SGST Act stipulates that it is mandatory to pass on the benefit of
reduction in rate of tax on supply of Goods or Services or availability of Input Tax Credit, by
way of commensurate reduction in prices.
Accordingly, it is certified that we have duly considered the impact of Input Tax Credit
available on supplies in the GST regime, in our quoted prices. Further, any additional
benefit of ITC if available to bidder shall be passed on to the Employer.
Further, we hereby confirm that our quoted prices are duly considering maximum possible
benefit available and are in compliance with the aforesaid Section 171 of CGST Act / IGST
Act.
Further, if any refund on account of GST is received from the Government in future by the
Contractor I Supplier under any GST Refund I Exemption or Subsidy Scheme, the same shall
also be passed on to the Employer.
In case this declaration is found faulty in any manner, we shall be fully responsible for the
consequential effect including making good of any losses of interest etc. to NHPC Ltd.
Place:
Date:
[Signature of Authorized Signatory of Bidder]
Name:
Designation:
Seal:
SECTION – II
CONDITIONS OF CONTRACT
SECTION–II:-CONDITIONSOFCONTRACT
1.0 NAMEOFWORK:
Housekeeping Services of Neer Shakti Sadan and Jal Tarang Auditorium at NHPC
Office Complex, Sector-33, Faridabad.
2.0 PRICESANDTAXES&DUTIES:
2.1 Prices shall be Firm and inclusive of all cost of labour, insurance, EPF charges,
spares and T&P emergency stock, all Consumables & materials and all applicable
taxes & duties including those assessed on the Employer. The Contract unit rates
shall also be after taking into account the Input Credit (ITC) and other benefits.
2.2 Taxes, duties and levies, as applicable twenty-eight (28) days prior to dead line for
submission of bids, shall be mentioned in Price Bid i.e. Schedule of Quantities &
Prices (Section-IV).
2.3 All taxes & duties mentioned in the Price Bid as per clause 2.2 above shall be paid/
reimbursed against proper invoice as per rules/ and other relevant documents, if any
and restricted to the total amount of Taxes & Duties mentioned in Price Bid subject
to clause 2.4 below. No other taxes and duties shall be payable/ reimbursable by
NHPC
TDS wherever statutorily required under any Tax Act/ Rule shall be deducted and
deposited and necessary certificate will be provided by the Employer.
2.4 Statutory variation, in Taxes and Duties or levy of any new Tax after 28 (Twenty-
Eight) days prior to dead line for submission of bid will be adjusted/ reimbursed against
production of documentary evidence
2.5 The rates of minimum wages for different categories of workers shall be as notified by
the Central Government as applicable twenty-eight (28) days prior to dead line for
submission of bids. If there is any revision of minimum wages by the Government
during the currency of the Contract, the Contract or is entitled for reimbursement
towards the incremental changes in Minimum wages proportionate to the manpower
deployment from the effective date of revision against specific request from the
Contractor with documentary evidence.
2.6 Contractor shall be liable to extend the statutory benefits as provided under the
Employees PF Act, Payment of Wages Act, Payment of Bonus Act, Payment of
Gratuity Act, Employee's Compensation Act, Contract Labour (R&A) Act, Minimum
wages Act, and any other relevant Acts applicable to the establishment. The rates
mentioned in Schedule of Quantity & Prices shall be inclusive of all such statutory
obligations as applicable
2.7 Save and except as expressly provided elsewhere in this Contract all costs, expenses,
charges and liabilities for the completion of the Services in accordance with the
Contract and/ or for the due and faithful performance and/ or the fulfillment of all of the
Contractor’s obligations under the Contract including furnishing of bank guarantees to
the Employer pursuant to the Contract shall be to the account of and be borne by the
Contractor and shall be deemed to be included in the unit rates provided for in the
Schedule of Quantities & Prices and the Employer shall not be liable in any manner
whatsoever therefore.
2.8 GST has been implemented by the Government w.e.f. 01.07.2017. The Contractor,
except for the supplies for the categories mentioned at Section 9(3) of GST Act, shall
submit GSTIN and shall quote his prices in accordance with GST provisions after
considering the benefit of Input tax Credit etc. Undertaking in the prescribed format for
passing on benefit of Input Tax Credit Act and compliance of Anti-profiteering clause
under section 171of CGST Act/ SGST Act shall be submitted along with bid
(ANNEXURE-X)
Page 58 of 93
GENERAL CONDITIONS OF CONTRACT
SECTION-II
2.9 Invoices and other documents submitted by contractor for payment under Interim
Payment Certificate/ Final Payment certificate, or any other payment under the
contract shall be in accordance with the GST Law.
The contractor shall furnish a certificate along with Interim Payment Certificate/ Final
Payment certificate that GST payable by him has been depositedI will be deposited
to the Govt. Treasury
3.0 CONTRACTPERIOD:
The Contract shall be valid for a period of Twenty-Four (24) Months from the date
of commencement of the work. The Contractor shall takeover and commence the work
within10 days from the date of issue of Letter of Award and signing of Contract
Agreement. If the Contractor commits default in the commencement of work within 10
days of issue of LOA, the Engineer-in-Charge shall without prejudice to any other right
or remedy be at liberty to cancel the Contract and forfeit the Earnest Money/
Performance Security.
4.0 COMPENSATION:
4.1 The Contractor shall ensure timely attending of complaints, rectification of faults
within reasonable time period or the period specified by the Engineer-in-charge, in
case of emergency. Any delay on account of Contractor/ service personnel,
negligence will result as imposing of compensation @Rs.1000/- per month and the
same shall be recoverable from the bill.
4.2 The Contractor shall provide the minimum staff ------no./ day for the work otherwise
recovery shall be made from the Monthly bills at the rate as follows: -
i. For Skilled=`------
ii. For Semi Skilled =`. ---
iii. For Unskilled=` ------
iv. For Highly skilled= ------.
5.0 PERFORMANCE SECURITY / SECURITY DEPOSIT:
Within 28 days of receipt of Order, the Contractor shall furnish to the Engineer-in-
Charge a performance security in the form of Demand Draft/ Bank Guarantee from
an Indian Nationalized Bank or any Scheduled Bank in India as per the format
appended as Annexure-A herewith for an amount equal to (10) ten percent of the
originally awarded contract price by way of guarantee valid till Three Months beyond
the Contract period as mentioned in the Order for the due and faithful performance
of the contract along with the other terms and conditions agreed to. The Contractor
shall, at his own cost get the validity period of bank guarantee furnished by him
extended from time to time till one month beyond the completion of work as per the
provisions of the contract. He shall furnish the extended/revised Bank Guarantee to
the Engineer-in-charge one month before the expiry date o f t h e original bank
guarantee or any extension thereof. In case the extended/revised Bank Guarantee
is not received by the Engineer-in-charge within the specified period of one month,
the Employer entirely at his discretion shall be at liberty to encash the aforesaid bank
guarantee.
Alternatively, in case of non-submission of BG towards Performance Security,
Security Deposit shall be deducted from initial payments due to the Contractor till
total amount of security deposit becomes 10% of the Contract Value.
The Performance Security/Security deposit shall be released after successful
completion of the entire Contract Period, including extension, if any. The
Performance Security / Security deposit amount will not earn any interest for the
whatsoever period detained by NHPC.
Page 59 of 93
GENERAL CONDITIONS OF CONTRACT
SECTION-II
Bidders shall communicate the following bank details to the issuing Bank for online
confirmation of Bank Guarantee to be submitted in terms of this clause:
Name of the beneficiary: NHPC LIMITED
Account No.: 10813608692
IFSC Code: SBIN0017313
Address of the Bank: State Bank of India, 5th Floor Red Fort Capital, Parsvnath
Tower, Bhai Veer Singh Marg, Gole Market, New Delhi – 110001.
78 (The blank space may be filled as per the Bank details for Corporate Office / Project /
Power Station / Regional Office / Liaison Office as the case may be and confirmation of
same may be done in line with the Circular No. Misc./271 dated 04.05.2016 of Finance
division available on Finance Section of Intranet Corner).
6.0 WARRANTEE:
During the period of the contract, if the Contractor fails to rectify any defect pointed
out to him the same shall be got done by NHPC at the risk and cost of Contractor
and recovered from the Security Deposit or any other amount payable to the
Contractor. For non-performance of certain items or unsatisfactory performance,
penalty shall be levied on pro-rata basis as decided by Engineer In- charge. The
penalty leviable from the Contractor for such non-performance shall not be higher
than the amount equivalent to which would have become payable to the
Contractor by NHPC had the work been executed by the Contractor as per schedule.
In case of any damage or loss on account of acts of commission or omissions of the
Contractor, the same shall be compensated by the Contractor or else shall be
recovered from available payment or any monies payable to the Contractor.
7.0 TERMINATION:
If the work is found to be unsatisfactory during the execution of the contract or
the Contractor commits default in any of the terms and conditions of the contract,
NHPC reserves the rights to terminate the contract and can get the work done
by another agency at the risk and cost of the Contractor.
8.0 INSPECTION:
All works under or in course of execution or executed in pursuance of the Contractor
shall at all times be open to the inspection and supervision of the Engineer in Charge
or his authorized representatives.
9.0 ENGINEER-IN-CHARGEANDHISDECISION:
DGM (Civil), EMS Division, NHPC Office Complex, Sector-33, Faridabad or his
authorized representative shall be the Engineer-In-Charge of the aforesaid contract.
All notices, instructions, orders, certificates, approvals and all other communications
under the Contract shall be given by the Engineer-in-Charge, except as herein
otherwise provided. All notices, instructions, information and other communications
given by the Contractor to the Employer under the Contract shall be given to the
Engineer-in-Charge, except as herein otherwise provided.
In respect of all matters, which are left to the decision of Engineer-In-Charge
including granting or withholding of certificates, the Engineer-In-Charge shall, if
required, give in writing a decision thereon and his reasons for such decision. Such
decision shall be final and binding on the Contractor.
10.0 QUANTITY VARIATION:
During the execution of the contract, the Employer reserves the right to increase or
decrease the original quantities of item without any change in unit price or other
terms & conditions. In case items for which rates are not available in the Schedule
of Quantities & Prices, the rates of such items shall be paid at the analyzed rate
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12.14 The Contractor shall at his own expense comply with or cause to be complied with
the Provisions/Rules provided for welfare and health of Contract Labour in the
Contract Labour (Regulation & Abolition) Act and other relevant Acts and Rules
framed thereunder or any other instructions issued by the Employer in this regard for
the protection of health and for making sanitary arrangements for workers employed
directly or indirectly on the works. In case, the Contractor fails to make arrangements
as aforesaid, the Engineer-in-Charge shall be entitled to do so and recover the cost
thereof from the Contractor.
12.15 In the event of any injury, disability or death of any employees in or about the work
employed by the Contractor, the Contractor shall at all times indemnify and save
harmless the Employer against all claims, damages and compensation under the
Employee’s Compensation Act, 1923 as amended from time to time or in other law
for the time being in force and rules there under from time to time and also against
all costs, charges and expenses of any smooth action by proceedings arising out of
such accidents or injury, disability or death of an employee and against all sum or
sums which may with the consent of the Contractor be paid to compromise or
compound any claim in this regard. If any award, decree or order is passed against
the Contractor for recovery of any compensation under the Employee’s
Compensation Act, 1923, for any injury, disability or death of an employee by any
competent court, the said sum or sums shall be deducted by the Engineer-in-charge
from any sum then due or that may become due to the Contractor or from his Security
Deposit or sale thereof in full or part under the Contract or any other contract with the
Employer towards fulfillment of the said decree, award or orders.
12.16 The Contractor shall furnish to the Engineer-In-charge, a copy of the License
obtained under Contract Labour (Regulation & Abolition) Act, 1970 for employing
contract labour in NHPC. To obtain License, NHPC shall issue a certificate in Form
V.
12.17 COMPLIANCE WITH REGULATIONS/ OBSERVANCE OF LABOUR LAWS AND
CONTRACTOR’S LIABILITIES:
12.17.1 During continuance of the Contract, the Contractor and his Sub-contractor(s) shall abide
at all times by all existing labour enactments and rules made thereunder, regulations,
notifications and bye laws of State or Central Government or local authority and any other
labour law (including rules), regulations, bye laws that may be passed or notification that
may be issued under any labour law in future either by the State or the Central
Government or the local authority. The Contractor shall also comply with the laws relating
to their employment, health, safety, welfare, immigration, and shall allow them all their
legal rights. The Contractor shall keep the Principal Employer indemnified in case any
action is taken against the Principal Employer by the competent authority on account of
contravention by the Contractor of any of the provisions of any Act or rules made
thereunder, regulations or notifications including amendments. If the Principal Employer
is caused to pay or reimburse, such amounts as may be necessary to cause or observe,
or for non-observance of the provisions stipulated in the notifications / bye laws / acts /
rules / regulations including amendments, if any, on the part of the Contractor, the
Principal Employer shall also have right to recover from the Contractor any sum required
or estimated to be required for making good the loss or damage suffered by the Principal
Employer. The employees of the Contractor and his sub-Contractor in no case shall be
treated as the employees of the Principal Employer at any point of time.
Salient features of some of the major labour laws that are applicable to construction
industry including amendments (if any) are given below.
(i) Employee Compensation Act 1923 as amended
The Act provides for compensation in case of injury or death by accident arising out of
and during the course of employment.
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authorities and statutory bodies as may be in force from time to time as applicable.
The Contractor shall also be responsible for giving the required notice to any
statutory or local bodies as required by law and obtain all requisite licenses as
applicable to him under the contract. The Contractor at all times shall indemnify
the Employer against all claims, damages or compensation, any action is taken
against the Employer by the competent authority on account of contravention by the
Contractor of any of the provisions of any Act or rules made thereunder, regulations
or notifications including amendments. If the Employer is caused to pay or
reimburse, such amounts as may be necessary to cause or observe, or for non-
observance of the provisions stipulated in the notifications/bye
laws/acts/rules/regulations including amendments, if any, on the part of the
Contractor, the Engineer/Employer shall also have right to recover from the
Contractor any sum required or estimated to be required for making good the loss
or damage suffered by the Employer.
12.18 The Contractor shall provide and maintain upon the works sufficient, proper and
efficient life-saving appliances and first-aid equipment in accordance with the
requirement of ILO Convention No. 62. The appliances and equipment shall be
available for use at all time.
12.19 Social Accountability 8000 Compliance:
The Contractor shall comply with all the requirements of SA 8000:2001 and maintain
appropriate records in support thereof and produce for inspection by NHPC
representatives as and when called for.
12.20 The Contractor shall employ labour in sufficient numbers to maintain the required rate of
progress and quality to ensure workmanship of the degree specified in the Contract. The
Contractor shall not employ in connection with the works any person who has not
completed fourteen years of age in terms of Child Labour (Prohibition and Regulation)
Act 1986. The Contractor is encouraged, to the extent practicable and reasonable, to
employ staff and labour with appropriate qualifications and experience from the region of
the project. Unskilled labour shall be recruited from local region only.
12.21 The Contractor including its Sub-contractor shall have the registration with EPFO and
ESIC. Further all the workers deployed by Contractors or Sub-contractors shall be
members of Provident Fund and should be given the Universal Account Number (UAN).
The EPF and ESI Contribution on the part of Employer in respect of this contract shall be
paid by the Contractor. These contributions on the part of Employer paid by the
Contractor shall be reimbursed by the Engineer-in-Charge to the Contractor on actual
basis on production of documentary evidence.
The reimbursements are subject to Production of Contract Wise copy of separate Challan
Cum Return (ECR) for monthly payment of EPF by the Contractor. However, during
currency of the Contract the Contractor shall also comply and furnish the document in
respect of statutory returns of EPF like F-6A and F-3A in respect of Contractor’s
Employees engaged in the Contract.
The Contractor including its Sub-contractor shall ensure that the payment is being made
to contract workers through bank. The Contractor including its Sub-contractor should
produce the documentary proof of depositing the ESI & EPF to the concerned
departments along with monthly bills.
In addition to above, the Contractor including its Sub-contractor shall also submit the
Bank account nos. of the contract workers in which the salary is deposited by the
Contractor including its Sub-contractor. The Contractor including its Sub-contractor as
proof shall submit along with other documents pursuant to Clause 25, the account
statement in respect of salary paid to the contract workers for the month prior to the
month in which the Contractor submits Running account bill.
The Engineer-in-Charge or his authorized representative shall have right to withhold the
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payment of monthly bill in case the Contractor fails to produce the proof of payment made
by him or his Sub-contractor to the contract workers deployed by him or his Sub-
contractor and the statutory compliance. The Contractor shall in no case withhold the
payments due to their employees for any reasons whatsoever including that on account
of non-clearance of its bill by the Engineer-in-Charge or his authorized representative.
13.0 SAFETY:
The work shall be carried out strictly adhering to all the safety norms as per NHPC
Safety Rules and therefore Contractor shall have to ensure safety of all the
labourers engaged by them while working.
The Contractor shall provide & make all necessary gadgets/arrangements for safety
of his employees. The Corporation shall not, in any way be responsible for accident
minor, major or fatal to any of his employees or for any damage arising there from
during the pendency of the contract, which shall be the sole responsibility of the
Contractor. The insurance charges of the employees shall be borne by the
Contractor.
Protective equipment like safety shoes, safety helmets, gloves etc. shall be supplied
by the Contractor to the labour and shall be used particularly when working in
electrically charged areas. Special precaution should be taken and/or Engineer in
Charge should be contacted before entering the electrically charged areas.
The Contractor shall be responsible for safety of all employees employed by him
from time to time and shall be responsible for payment of compensation that may
arise from time to time as a legal obligation or otherwise whatsoever it may be.
14.0 INSURANCE
The Contractor shall take the ESIC. In case ESIC is not available, then Mediclaim
insurance policy or any other policy as applicable for his workers engaged for the
works and shall submit the proof of the policy to the Engineer-in-charge before
commencing the work.
All costs on account of insurance liabilities covered under the Contract will be on
Contractor’s account and will be included in Contract Price.
15.0 SUBLETTING OF CONTRACT
The Contractor shall execute the work himself and no part of the contract shall be,
without the prior consent in writing of the Engineer-in-Charge or Employer, sublet or
transfer other than for minor details, provided that any such consent shall not relieve
the Contractor from any obligation, duty or responsibility under the Contract.
16.0 CONTRACTOR'S SUPERVISION:
The Contractor shall appoint at his own expense adequate number of supervisors/
engineers with sufficient experience to supervise the Works.
The Contractor or his authorized representatives present at the site(s) shall
superintend the execution of the works with such additional assistance in each trade,
as the work involved shall require and considered reasonable by the Engineer-in-
Charge. Directions/instructions given by the Engineer-in- Charge to the Contractor's
authorized representatives shall be considered to have the same force as if these
had been given to the Contractor himself.
17.0 REMOVAL OF CONTRACTOR'S MEN:
The Contractor shall employ on the execution of the Works only such persons as are
skilled and experienced in their respective trades and the Engineer-in-Charge shall
be at liberty to object to and require the Contractor to remove from the works any
persons employed by the Contractor on the execution of the works who, in the
opinion of the Engineer-in-Charge, misconducts himself or is incompetent or
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negligent in the proper performance of his duties. The Contractor shall forth-with
comply with such requisition and such person shall not be again employed upon the
works without permission of the Engineer in charge. Any person so removed shall
be replaced immediately.
18.0 ECOLOGICAL BALANCE:
During the course of work the Contractor shall ensure compliance to Ecological
balance under various regulations and acts in vogue including following: -
1. Environment Protection Act 1986
2. The Water (Prevention and control of Pollution) Act,1974
3. Air (Prevention and control of Pollution) Act 1981
19.0 FORCE MAJEURE:
19.1 The term "Force Majeure" shall herein mean riots (other than among the Contractor's
employees), Civil Commotion (to the extent not insurable), war (whether declared
or not), invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution,
insurrection, military or usurped power, damage from aircraft, nuclear fission, acts of
God, such as earthquake (above 7 magnitude on Richter Scale), lightning,
unprecedented floods, fires not caused by Contractor's negligence and other such
causes over which the Contractor has no control and are accepted as such by the
Engineer-in-Charge, whose decision shall be final and binding. In the event of either
party being rendered unable by force Majeure to perform any obligation required to be
performed by them under this contract, the relative obligation of the party affected by
such Force Majeure shall be treated as suspended for the period during which such
Force Majeure cause lasts, provided the party alleging that it has been rendered
unable as aforesaid, thereby shall notify within 10 days of the alleged beginning and
ending thereof giving full particulars and satisfactory evidence in support of such cause.
19.2 On occurrence of Force Majeure, the liability of either party shall be dealt with, in
accordance with the provisions as under:
i) Neither party to the Contract shall be liable to the other in respect of any loss or
damage which may occur or arise out of "Force Majeure" to the Works or any part
thereof or to any material or article at site but not incorporated in the Works or to
any person or anything or material whatsoever of either party provided such a loss
or damage could not have been foreseen or avoided by a prudent person and the
either party shall bear losses and damages in respect of their respective men and
materials. As such liability of either parties shall include claims/compensation of the
third party also.
ii) Provided, however, in an eventuality as mentioned in sub-clause 19.2 (i) above,
the following provisions shall also have effect:
(a) The Contractor shall, as may be directed in writing by the Engineer-in-Charge
proceed with the completion of the works under and in accordance with the
Contract; and
(b) The Contractor shall, as may be directed in writing by the Engineer-in-Charge,
re-execute the works lost or damaged, remove from the site any debris and so
much of the works as shall have been damaged and carry the Employer’s
T&P, Equipment, Material etc, to the Employer’s stores. The cost of such re-
execution of the works, removal of damaged works and carrying of Employer’s
store shall be ascertained in the same manner as for deviations and this shall
be paid separately to the Contractor.
Provided always that the Contractor shall, at his own cost, repair and make good so
much of the loss or damage as has been by any failure on his part to perform his
obligations under the Contract or not taking precautions to prevent loss or damage
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uncompleted part without the Employer being in any way liable to payment of any
compensation whatsoever on any account to the estate of the deceased Contractor
and/or to the surviving partners of the Contractor's firm on account of termination of
the Contract. The decision of the Engineer-in- Charge that the legal representatives
of the deceased Contractor or the surviving partners of the Contractor's firm cannot
carry out and complete the Works under the Contract shall be final and binding on
the parties. In the event of such termination, the Corporation shall not hold the estate of
the deceased Contractor and/or the surviving partners of the Contractors firm liable
for damages for not completing the Contract. Provided that the power of the Engineer-
in-charge of such termination of contract shall be without prejudice to any other right
or remedy, which shall have accrued or shall accrue to him under the Contract.
23.0 TIME FOR COMPLETION AND EXTENSIONS:
23.1 Time for Completion allowed for execution of the Works is as specified in clause
3.0 of these conditions.
23.2 However, if the work is delayed on account of:
i) Delay in handing over of site to the Contractor; or
ii) Increase in the quantity of work to be done under the contract; or
iii) Suspension of work; or
iv) "Force Majeure" or
v) Any other cause which, in the opinion of the Engineer-in-Charge is beyond the
Contractor's control;
then, immediately upon the happening of any such event as aforesaid, the Contractor
shall inform the Engineer-in-charge accordingly, but the Contractor shall nevertheless
use constantly his best endeavors to prevent and/or make good the delay and shall
do all that may be required in this regard. No extension in time on account of rains
shall be admissible. The Contractor shall request, in writing, for extension of time, to
which he may consider himself eligible under the Contract, within fourteen days of the
date of happening of any such events as indicated above.
Provided further that no monetary claims shall be admissible to the Contractor for such
extension of Time for Completion except for reimbursement of cost of extension of
bank guarantee for Security Deposit and Insurance Policy(ies). Provided further that
such extension is not caused by increase in Contract Price of Works.
23.3 In any such case as may have arisen due to any of the events, as aforesaid, and which
shall be brought out by the Contractor in writing, the Engineer-in-Charge may give a
fair and reasonable extension of Time for Completion, after taking into consideration
the nature of the work delayed and practicability of its execution during the period of
extension. Provided in the event of non-receipt of a request for such extensions from
the Contractor for reasons whatsoever, the Engineer-in-Charge may, at his sole
discretion and with due regard to the event, grant fair and reasonable extension of time
suo motto.
Such extensions, if admissible, shall be communicated to the Contractor by the
Engineer-in-Charge in writing.
Provided that Engineer-in-charge is not bound to make any determination unless the
Contractor has;
a) within 14 days after such event has first arisen notified the Engineer and
b) within 28 days or such other reasonable time as may be agreed by the Engineer–
in–charge detailed particulars of any extension of Time for Completion to which
the Contractor may consider himself entitled.
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Engineer-in-Charge or Employer against any claim of the Employer or such other person
or persons in respect of payment of a sum of money arising out of or under any other
contract made by the Contractor with the Engineer-in-Charge or Employer or with such
other person or persons.
The sum of money so withheld or retained under this clause by the Engineer-in-Charge
or Employer will be kept withheld or retained as such by the Engineer-in-Charge or
Employer or till his claim arising out of in the same Contract or any other contract is either
mutually settled or determined by the arbitrator under Clause 28 hereof, or by the
competent court.
28.0 SETTLEMENT OF DISPUTES
If any dispute arises between the Employer and the Contractor arising out of the Contract,
whether during the execution of the Works or after their completion and whether before
or after the repudiation or after termination of Contract, including any disagreement by
either Party with any action, inaction, opinion, instruction, determination, certificate or
valuation of the Employer, an attempt shall be made to resolve the matter in dispute
amicably.
29.0 General:
The Employer reserves to itself the right to take over the part or full contract from
the Contractor after the award of the Contract or during the execution of Contract
without assigning any reason.
30.0 Training of Apprentices
The Contractor shall, during the currency of the Contract, engage and also ensure
engagement by his Sub-contractor and other employed by the Contractor in
connection with the Works, such number of apprentices and in such categories for
such periods as may be required under the Apprenticeship Act 1961 as amended in
2014 and he shall be responsible for all obligations of the Employer under the
aforesaid Act, including the liability to make payment to Apprentices as required
under the Act.
31.0 Employment of Skilled / Semi-skilled workers
The Contractor shall, at all stages of work, deploy skilled / semi-skilled tradesmen
who are qualified and possess certificate in particular trade from CPWD Training
Institute / Industrial Training Institute / National Institute of Construction
Management and Research (NICMAR) / National Academy of Construction, CIDC
or any similar reputed and recognized Institute managed / certified by State / Central
Government. The number of such qualified tradesmen shall not be less than 20%
of total skilled / semi-skilled workers required in each trade at any stage of work.
The Contractor shall submit number of man days required in respect of each trade, it’s
scheduling and the list of qualified tradesmen along with requisite certificate from
recognized Institute to Engineer-in-Charge for approval. Notwithstanding such approval,
if the tradesmen are found to have inadequate skill to execute the work of respective
trade, the Contractor shall substitute such tradesmen within two days of written notice
from Engineer-in-Charge. Failure on the part of Contractor to obtain approval of
Engineer-in-Charge or failure to deploy qualified tradesmen will attract a compensation
to be paid by Contractor at the rate of ` 100 per such tradesmen per day. Decision of
Engineer-in-Charge as to whether particular tradesmen possess requisite skill and
amount of compensation in case of default shall be final and binding.
Provided always, that the provisions of this clause, shall not be applicable for works
with estimated cost put to tender less than ` 5 crores.
**************
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Annexure-A of GCC
Dear Sirs,
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Contractor and notwithstanding any security or other guarantee the Employer may have in
relation to the Contractor’s liabilities.
i) Our liability under this Bank Guarantee shall not exceed …………………..
ii) This Bank Guarantee shall be valid up to ………………………
iii) We are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only and only if Employer serve upon Bank a written claim or demand on or
before ……………..@…………..
Dated this ....................day of ..................... 20…......... at .................................
WITNESS Signed for and on behalf of the Bank
1. ................................................ ...............................
(Signature)
(Signature)
................................................ .....................................
(Name) (Name)
................................................ .................................................
(Official Address) (Designation with Bank Stamp) Staff No.
Full Address of Bank with Tel., Fax. No.
2. ................................................
(Signature)
................................................
(Name)
................................................
(Official Address)
Communication address of the Bank
Name of the contact person
Tel. No.
Fax No.
Email:
Notes: 1. (*) This sum shall be ten percent (10%) of the Contract Price denominated in the types and
proportions of currencies.
(@) This date will be Ninety (90) days beyond the Contract period as specified in the Contract.
The Bank Guarantee shall be released after completion of job and upon certification by
Engineer/ Officer -in-charge.
2. The stamp papers of appropriate value shall be purchased in the name of guarantee issuing
Bank.
3. Vendor’s stamp with full details i.e. name of the Employer in whose favour for which this stamp
paper has been purchased, should be invariable mentioned on the back side of the stamp
paper.
4. Bank Guarantee is required to be submitted directly to the Employer by the issuing bank (on
Behalf of the Contractor) under the registered post (A.D.). The Contractor can submit an
advance copy of Bank Guarantee to the Employer. However, in case of exceptional
circumstances where efficient postal services are not in force, the Bank Guarantee may be
submitted by the Contractor directly to the Employer and the issuing Bank shall submit an
unstamped duplicate copy of Bank Guarantee directly under the registered post (A.D.) to the
Employer, with a forwarding letter.
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Annexure-B of GCC
AGREEMENT
(To be executed on non-judicial stamp paper of appropriate value)
This AGREEMENT is made on the …… day of ………….. BETWEEN ……………..
(1) NHPC Ltd., a corporation incorporated under the laws of INDIA and having its Registered
Office at NHPC OFFICE COMPLEX, SECTOR-33, FARIDABAD-121003, HARYANA
(hereinafter called “the Employer”), and which expression shall include its permitted
successors and assigns.
and
(2) M/s …………………….. and having registered office at ………… ………………………
(herein after referred to as “The Contractor”) which expression shall include the permitted
successors and assigns.
“WHEREAS the Employer is desirous of ……………………….. and have invited enquiry vide
……………. ………………………. for the purpose of the said work.
AND WHEREAS the Contractor has submitted its tender AND WHEREAS the Employer has
accepted the tender of the Contractor for execution of the said work upon the terms and subject
to the conditions herein after mentioned below in the agreement.
This Contract comprises of the following component / parts, all of which shall form an integral
part of this contract as if herein set out verbatim or if not attached as if here to attached.
In the event of any ambiguity or conflict between the Contract Documents listed above, the order
of precedence shall be the order in which the Contract Documents are listed above.
AND WHEREAS the Employer has accepted the tender of the Contractor and the execution of
the said work for the sums as per Schedule of Quantities & Prices contained in the Section-I
upon the terms and subject to the conditions hereinafter mentioned and more particularly
described in Section I to IV respectively which shall form integral part of this Contract (hereinafter
to be collectively referred to as ‘Contract Documents’).
NOW THESE PRESENT WITNESS AND the parties hereto hereby agree and declare as follows:
That is to say, in consideration of the payments to be made to the Contractor by the Employer
as hereinafter mentioned, the Contractor shall duly provide the plant for the said works and shall
do and perform all other works and things in the contract mentioned or described which are
implied there from or herein respectively or may be reasonably necessary for the completion of
the said work within and at the times and in the manner and subject to the terms & conditions
and stipulations mentioned in the said contract document.
AND in consideration of the due provision and satisfactory supply, Installation, Commissioning
and completion of the said supply thereof as aforesaid, the Employer will pay to the Contractor
the sums as per the Schedule of Prices contained in Section-I or such other as may become
payable to the
Contractor under the provisions of this Contract, such payment to be made in time and in such
manner as is provided by the Contract.
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IN WITNESS WHEREOF The Parties hereto have signed this deed hereunder on the date
respectively mentioned against the signature of each.
1. 1.
****************
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SECTION – III
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SECTION-III
The following conditions shall be read in conjunction with the corresponding relevant provisions
made in the Conditions of Contract (GCC) and in case of any variation, discrepancy or
contradiction between these two terms & conditions, the provisions made under these special
conditions shall prevail.
1.0 Site order books shall be maintained by the Contractor all the time with his Supervisor
appointed for the work. Any specific instruction issued by NHPC’s authorized
representative shall be recorded in duplicate in the Site Order Book and authorized
representative of the contractor shall put his / her signature on these recorded
instructions as token of acceptance. One copy of instructions issued shall be taken by
NHPC authorized representative for regulating the payments of various items. The
contractor shall be responsible for safe custody of site order books till the expiry of the
contract. These books shall be handed over to NHPC on expiry of the Contract.
Recovery of penalty against the relevant clauses shall be based on the recordings in Site
Order Books/ letters issued regarding deficiencies in performance/ Inspection Reports
and instructions issued by the authorized NHPC’s representative.
2.0 The payment shall be regulated as per accepted rates and in accordance to provisions
of the Contract. The contractor shall not be entitled for any extra payment or
compensation or remuneration for performance of works / services during unfavorable
weather conditions or relating to any special arrangements made and / or equipment or
machinery brought to the site of work to complete the work as per the schedule of
terms/specifications/ schedule of contract, or warrant to circumstance.
3.0 Water supply and Electricity for carrying out the works identified in the schedule shall be
given by NHPC free of cost as per direction of Engineer–in-Charge or his representative.
Contractor will be required to make his own arrangements to carry the water/ electricity
connection wherever required for the purpose identified in the schedule of quantities as
per requirements without any extra cost to NHPC.
4.0 If the contractor fails to do the works as directed or rectify the bad work or does not
remove the unaccepted materials from the site then Engineer-in-Charge shall have the
liberty to remove the materials from site at the risk and cost of the contractor.
5.0 The Contractor shall be fully responsible for smooth taking over and handing over of the
work-site from and to other agency (ies) on starting and expiry/termination of the contract.
6.0 The workmen of the contractor shall come on duty in proper uniforms. Any workman of
the contractor deployed on the work will not be allowed without proper uniform on the
duty. The uniforms (2 Pairs), Badge (1No.) & Shoes (1 Pair) every year for the employees
shall be provided by the Contractor as under: -
Summer Dress : Blue/Grey Pant Belted
Blue/Grey shirt with collar and company logo
Black leather shoes with socks of std. quality.
Winter Dress : Blue/Grey shirt with collar and company logo
Blue/Grey Pant Belted
Blue/Grey sweater/ Jacket with company Logo
Black leather shoes with socks of std. quality
OR
Note: - Suitable colour combination for above dresses shall be finalized with consultation
with Engineer-In-Charge.
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a) GST has been freezed as per the existing applicable rate. TDS wherever statutorily
required, under any tax Act/Rule shall be deducted and deposited and necessary
certificate will be provided by the Employer (to be read in conjunction with clause
2.2 & 2.3 of Conditions of Contract, Section-II).
b) Statutory variation in GST rate or levy of any new tax will be adjusted / reimbursed
against production of documentary evidences by the Contractor. However, these
adjustments would be restricted to direct transactions between the Employer and the
Contractor (to be read in conjunction with clause 2.4 of Conditions of Contract,
Section-II).
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SPECIAL CONDITIONS OF CONTRACT (SCC)
SECTION-III
II. For Part B (Façade Cleaning, Liveries & Consumables) of the BOQ
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SPECIAL CONDITIONS OF CONTRACT (SCC)
SECTION-III
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SPECIAL CONDITIONS OF CONTRACT (SCC)
SECTION-III
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SPECIAL CONDITIONS OF CONTRACT (SCC)
SECTION-III
Annexure - A
T&P Required for this work
A. Main T& P items
Sl. Qty.
Item Description Unit
No. required
1 Automatic floor cleaner/scrubber machines with cleaning brush and floor
pads Nos 2
2 Wet and Dry Vacuum cleaner (Model ZW35SS of M/s Eureka Forbes or
equivalent make) Nos 2
3 High Pressure jet cleaner (Model KL Extra 1600 of M/s Eureka Forbes or
equivalent make) Nos 2
4 Cleaning trolleys with double bucket and wastebin Nos 5
5 Dust cleaner/Sweeper Nos 1
6 Wheel barrows Nos 5
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SPECIAL CONDITIONS OF CONTRACT (SCC)
SECTION-III
3. While quoting their rates for service charges for item 1 & 2 contractor is advised
that the rates of all T&P mentioned in Annexure A (item A to C) above are inclusive
in these items. The contractor shall arrange at his own cost. No reimbursement for
these items shall be made by NHPC.
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SPECIAL CONDITIONS OF CONTRACT (SCC)
SECTION-III
Annexure - B
Sl.
CATEGORY / TRADE Nos. per day
No.
1. Supervisor(Semi skilled) 3
2. Fitter/ Plumber(Semi Skilled) 3
3. Carpenter (Semi Skilled) 1
4. House Keeping Attendant/ Helper
34
(Unskilled)
Total Strength 41
Note: -
(I) The approximate total manpower requirement (for all above categories) for satisfactory
execution of the works described in the “Scope of works” is assessed as above. The contractor
shall provide manpower accordingly in the above categories, for the quantum of work to be
executed. The presence of all categories on every day of the month shall not go below under
any circumstances; otherwise recovery shall be applicable as per provisions of the Tender
Document.
(II) The contractor shall employ only adult male labour for this work.
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SPECIAL CONDITIONS OF CONTRACT (SCC)
SECTION-III
Annexure - C
Details of Quantity of Consumables for One (01) Month
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SPECIAL CONDITIONS OF CONTRACT (SCC)
SECTION-IV
SECTION – IV
(SOQP)
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SCHEDULE OF QUANTITIES & PRICES
SECTION-IV
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SCHEDULE OF QUANTITIES & PRICES
SECTION-IV
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SCHEDULE OF QUANTITIES & PRICES
SECTION-IV
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SCHEDULE OF QUANTITIES & PRICES
SECTION-IV
Part- C
Note : - 1. The Bidder has to quote only Services Charge in Rupees ( INR) for item no. 1 & 2 of Part-A of SOQP . The Bidder shall not quote negative or zero amount in the
service charge column. In case negative or zero amount is quoted in the service charge column, the bid shall be considered as Non-Responsive. GST @18% has been
freezed as per the existing rate for Part –A of SOQP.
2. Item rates as taken in Part B are inclusive of GST. The Bidder has to quote rate in percentage (at Par/Below/Above) of the total amount in Part B.
3. EPF & EDLI contribution (Employer part) & ESI Contribution charges have been freezed as per the extant rates (i.e. as per statutory guidelines issued from the Govt.
of India / concerned deptt.). In case of changes in rates of EPF & EDLI and ESI, the same shall be adjusted accordingly. The EPF and ESI Contribution on the part of
Employer in respect of this contract shall be paid by the Contractor. These contributions on the part of Employer paid by the Contractor shall be reimbursed by the
Engineer-in-Charge to the Contractor on actual basis.
4. It is hereby confirmed that, except as otherwise stipulated in the Tender Document and the statutory variations permitted as per the Contract, the above unit rates
and other charges as mentioned in this Schedule, will remain firm till the subject work is completed. Further, it is confirmed that no other charges would be payable
by NHPC, in connection with our execution of the Contract.
5. While quoting their rates for service charges for item 1 & 2 of Part-A of SOQP, the bidder is advised to keep in mind that the rates of all T&P mentioned in Annexure
A (item A to C) are included in these items.
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SCHEDULE OF QUANTITIES & PRICES