Estd.

: 01-11-2008
Uttar Subhas Pally,Monoharpur
P.O. & P.S. : Dankuni,Dist. Hooghly,PIN Code: 712311
Phone & Fax No. : (033) 2659-0694
Website: www.dankunimunicipality.com
E-mail Id: [email protected] & [email protected]

Memo No. 2718/DKM/2024-25 Dated. 07/01/2025

NOTICE INVITING e-TENDER FOR FABRICATION OF M.S. CHASIS FOR INSTALLATION

OF WATER TANK (CAPACITY-245 GALLON) UNDER DANKUNI MUNICIPALITY.

NIT No:- WBMAD/DKM/SUPL/e-NIT-13/2024-25, Dated-08/01/2025

The Chairperson, Dankuni Municipality, On behalf of the board of Councilors, having its office at
Dankuni Municipality, Dankuni, Hooghly, invites on-line bid from eligible and qualified Tenders for procurement
of “Fabrication of M.S. Chassis for Installation of Water Tank (Capacity-245 Gallon)”.
Intending Tenderer may download the Tender document from the e-Tender portal of Govt. of West
Bengal at “e-procurement/municipality” The submission of bids should only be through online at
http://wbTender.gov.in, detailed in the table below:

SI. Time of Price of

No. Name of work Earnest Money
Completion Tender
1. Fabrication of M.S. Rs.10,000.00 (Rupees Ten Thousand ) as 30 days NIL
Chassis for an initial Earnest Money Deposit shall be
Installation of Water paid through online mode of payment
Tank (Capacity-245 (Payment link will be available in the
Gallon) under website).
Dankuni This amount will be converted to security
Municipality deposit for the successful bidder. Balance
Earnest Money beyond Rs.10,000.00
(Rupees Ten Thousand only) if any, to fulfill
2% of amount offered) shall be deposited by
the successful Bidder prior to acceptance of
tender in the form of a Bank Draft obtained
in favour of “ The Chairperson Dankuni
Municipality” from any nationalized bank
payable at
The EMD for the successful Bidder will be
converted to Security Deposit and additional
amount of 8% will be deducted towards
Security Deposit from each running bill.
Such deducted total amount will be refunded
after 12 months of completion of the work.
No interest shall be payable on the deducted
amount.
GENERAL TERMS AND CONDITIONS FOR BIDDERS THROUGH E-TENDER:

1. In the event of e-filling, intending bidders may download the Tender documents from the website
https://wbTenders.gov.in directly with the help of Digital Signature Certificate.

2. Both Technical Bid and Financial Bid are to be submitted concurrently duly digitally signed in
the website https://wbTenders.gov.in Tender documents may be downloaded from website and
submission of Technical Bid and Financial Bid will be done as per Time Schedule stated.

3. The financial offer of the prospective Tenderer will be considered only if the technical bid of the
bidder is found qualified by the Bid Evaluation cum Tender Committee. The decision of the Bid
Evaluation cum Tender Committee will be final and absolute in this respect. The list of Qualified
Bidders will be displayed in the website.

4. Eligibility criteria for participation in the Tender:

Proposal may be submitted by interested bidders only as a single entity. No Consortium/JV is

allowed.
For eligibility, the Bidder shall have at least:

I. The Entity / Bidder must be a company as specified in Companies Act, 1956/2013 OR a

Limited Liability Partnership registered under The Limited Liability Partnership Act, 2008 OR a
Company incorporated under equivalent law abroad OR a Society registered under The
Societies Registration Act, 1860 OR a Proprietorship Firm OR a Partnership Firm etc.
registered under relevant laws of India. The time period elapsed from commencement of
business should be at least 05 (five) years as on 1st April 2021.

II. i) Intending Tenderers should produce credentials of Similar Nature of Works of completed
work with Central & State Govt./PSU/ULB of the minimum value of 40% of the estimated
amount put to Tender during 5(five) years prior to the date of issue of the Tender notice; or,

ii) Intending Tenderers should produce credentials of 2(two) same of completed work with
Central & State Govt./PSU/ULB, each of the minimum value of 30% of the estimated amount
put to Tender during 5(five) years prior to the date of issue of the Tender notice; or,

iii) Intending Tenderers should produce credentials of one single running work of same or
similar nature with Central & State Govt./PSU/ULB which has been completed to the extent of
80% or more and value of which is not less than the desired value at(i) above;

In case of running works, only those Tenderers who will submit the certificate of satisfactory
running work from the concerned Executive Engineer, or equivalent competent authority will be
eligible for the Tender. In the required certificate it should be clearly stated that the work is in
progress satisfactorily and also that no penal action has been initiated against the executed
agency, i.e., the Tenderer.

III. MOU / Joint Venture/ sub contract in any form will not be allowed or provided in this contract.

IV. Bidder must have valid Trade License, PAN, and GST Certificate. Certificate of registration with
the department of Industries in the state where the manufacturing plant is located and
certificate of NSIC/ Excise Registration Certificate is accepted in lieu of Trade License.

V. The prospective bidders should not have been Black Listed from any Government
Organization/ Statutory Body etc. during the last 3 (Three) years. (A self-declaration in this
 respect has to be furnished by the prospective bidders without which the Technical Bid shall be
treated as non- responsive).

VI. The Bidder shall furnish the Article of Association and Memorandum, if applicable.

VII. The average annual turnover of the Bidders during the last three financial years should be not
less than Rs.1.5 crore. [Turnover shall mean gross sales or gross revenue, as defined by the
Indian Accounting Standards published by the Institute of chartered Accountants of India].

VIII. Bidder must have a Functional Service Centre and office in the State. If service center is not
already there at the time of bidding, successful bidder shall have to establish one within 30
days of award of contract. Payment shall be released only after submission of documentary
evidence of having Functional Service Centre.

5. Payment term: As mentioned in the commercial terms & conditions.

6. There shall be no provision of Arbitration.

7. Bid shall remain valid for a period of 270 days from the date of opening of the financial part of the
Bid.

8. Date and Time Schedule:

Sl.
Particulars Date and Time
No.
A. Date of uploading of Bid Document and
Tender Documents (Online Publishing 08/01 /2025 at 06.00 PM
Date)
B. Documents download start date
08/01 /2025 at 06.15 PM
(Online)
C. Documents download end date (Online) NA

D. Date and time of bid queries

NA
submission
E. Bid submission starting 08/01 /2025 at 06.30 PM
F. Bid Submission closing (Bid Due Date) 24/01 /2025 at 05.00 PM
G. Bid opening date for Technical
28/01 /2025 at 05.00 PM
Proposals
H. Date of communicating list for Will be intimated Later
Technically Qualified Bidders
I. Date of Opening of Financial Proposal Will be intimated Later
J. Date of issuance of Work Order / Will be intimated Later
Signing of Agreement

9. Earnest Money: Rs.10,000.00 (Rupees Ten Thousand only) as an initial Earnest Money Deposit
shall be paid through online mode of payment (Payment link will be available in the website). This
amount will be converted to security deposit for the successful bidder. Balance Earnest Money
beyond Rs.10,000.00 (Rupees Ten thousand only) (if any, to fulfill 2% of amount offered) shall be
 deposited by the successful Bidder prior to acceptance of tender in the form of a Bank Draft
obtained in favour of “The Chairperson Dankuni Municipality”, from any nationalized bank payable
at Dankuni The EMD for the successful Bidder will be converted to Security Deposit and
additional amount of 8% will be deducted towards Security Deposit from each running bill. Such
deducted total amount will be refunded after 12 months of completion of the work. No interest
shall be payable on the deducted amount.
10. The Bidder, at his own responsibility and risk is encouraged to visit and examine the site of works
and its surroundings and obtain all information that may be necessary for preparing the Bid and
entering into a contract for the work as mentioned in the Notice Inviting e-Tender, before
submitting offer with full satisfaction, the cost of visiting the site shall be at his own expense.

11. The intending Bidder shall clearly understand that whatever may be the outcome of the present
invitation of Bids, no cost of Bidding shall be reimbursable by the Department. The Chairperson
Dankuni Municipality, West Bengal reserves the right to accept or reject any offer without
assigning any reason whatsoever and is not liable for any cost that might have been incurred by
any Bidder at the stage of Bidding.

12. Prospective applicants are advised to note carefully the minimum qualification criteria as
mentioned in 'Instructions to Bidders' stated in before Tendering the bids.

13. Conditional / Incomplete Tender will not be accepted under any circumstances.

14. The intending Bidders are required to quote the price online.

15. Bidder shall have to comply with the provisions of (a) the contract Labour (Regulation
Abolition) Act. 1970 (b) Apprentice Act. 1961 and (c) minimum wages Act.1948 of the
notification thereof or any other laws relating thereto and the rules made and order issued
there under from time to time.

16. During scrutiny, if it comes to the notice of the Tender inviting authority that the credential or any
other paper found incorrect / manufactured / fabricated, that bidder would not be allowed to
participate in the Tender and that application will be rejected without any prejudice.

17. The Chairperson Dankuni Municipality, West Bengal, reserves the right to cancel the N.I.T. due to
unavoidable circumstances and no claim in this respect will be entertained.

18. Before issuance of the Supply Order, the Tender inviting authority may verify the credential and
other documents of the lowest Bidder if found necessary. After verification if it is found that the
documents submitted by the lowest Bidder is either manufactured or false in that case work order
will not be issued in favour of the said Bidder under any circumstances.

19. If any discrepancy arises between two similar clauses on different notification, the clause as
stated in later notification will supersede former one in following sequence:
a. N.I.T
b. Tender Document.

20. Qualification criteria: The Tender inviting and Accepting Authority through a “Bid Evaluation cum
Tender Committee” will determine the eligibility of each bidder. The bidders shall have to meet all
the minimum criteria regarding:
a. Financial Capacity
b. Experience/Credential
21. The eligibility of a bidder will be ascertained on the basis of the document(s) in support of the
minimum criteria as mentioned above and the declaration executed through prescribed affidavit in
non-judicial stamp paper of appropriate value duly notarized. If any document submitted by a
bidder is either manufactured or false, in such cases the eligibility of the bidder will be rejected at
any stage without any prejudice.

22. Escalation of Price on any ground and consequent cost overrun shall not be entertained under
any circumstances. Rates should be quoted accordingly.

23. No. price preference and other concession will be allowed.

24. Dankuni Municipality reserves the right to modify the order quantity by (+/-) 20%

Chairman
Dankuni Municipality
 INSTRUCTION TO TENDERERS/BIDDERS
SECTION – A

1. General guidance for e-Tendering:

Instructions/ Guidelines for Bidders for electronic submission of the Bids have been annexed for
assisting them to participate in e-Tendering.

2. Registration of Bidder:

Any Bidder willing to take part in the process of e-Tendering will have to be enrolled and registered
with the Government e-procurement system, through logging on to https:// wbTenders.gov.in.
The Bidder is to click on the link for e-Tendering site as given on the web portal.

3. Digital Signature certificate (DSC):

Each Bidder is required to obtain a class-II or Class-Ill Digital Signature Certificate (DSC) for
submission of Bids, from the service provider of the National Information's Centre (NIC) or any
other bonafide service provider on payment of requisite amount. Details are available at the Web
Site stated in Clause 2 of Guideline to Bidder. DSC is given as a USB e-Token.

4. The contractor can search and download NIB and Bid Documents electronically from computer
once he logs on to the website mentioned in Clause 2 using the Digital Signature Certificate. This
is the only mode of collection of Bid Documents.

5. Submission of Bids:

General process of submission, Bids are to be submitted through online to the website stated in Cl.
2 in two folders at a time for each work, one in Technical Proposal and the other is Financial
Proposal before the prescribed date and time using the Digital Signature Certificate (DSC) the
documents are to be uploaded virus scanned copy duly Digitally Signed. The documents will get
encrypted (transformed into non readable formats).

Technical proposal

The Technical Proposal should contain scanned copies of the following further two covers
(folders).

Statutory Documents

I. Technical Packet:
1. NIT (Notice Inviting Tender): The Bidders are instructed to download the NIT Document
Properly, and the same NIT Document will be uploaded in this Folder.
2. Copy of EMD submitted: The Bidders are instructed to upload proof of submission of EMD
amount as done online in this Folder
 All Annexures: The Bidders have to take a print out copy of the Annexures, fill them properly
3.
in hard copies and the same documents has to be scanned in Multipage PDF format and
upload in this Folder.
4. Special terms, conditions & specification of work and current Bank solvency certificate.
II. Financial Packet:
1. BOQ (Bill of Quantity): The Bidders are instructed to download the BOQ (i.e., Excel sheet)
and the same must be filled up properly and uploaded by providing competitive rates including
all admissible taxes& duties, GST, transportation, freight, trial run & training and Company
name.

Non Statutory Document/ OID (Other Important Documents):

To upload these documents go to My Account My Document then you can see the Folders.

The Documents must be arranged in the format given below:

Sl.N Category Name Sub Category Sub Category Description

o. Name
A. CERTIFICATES [Every A1.CERTIFICATE 1. GST Registration No.
folder corresponds to one S 2. PAN No. and TAN No.
single file] 3. Income Tax return for last three
years.
4. Trade License Certificate etc.

B. COMPANY DETAILS B1.COMPANY 1. Certificates of incorporation and

[Every folder corresponds DETAILS1 commencement of business
to one single file] highlighting registration details as is
applicable to the legal status of the
bidder.

2. Composition of Board of Directors

or details of lead partner or
governing authority or trust as the case
may be, as is applicable to the legal
status of the bidder.

C. CREDENTIAL [Every C1.CREDENTIAL 1. Project Experience during the period of

folder corresponds to 1 last 5years
one single file]

C1.CREDENTIAL 1. Work Completion Certificates or

2 Payment Certificates issued by
competent authority for the projects
mentioned. [For completed projects,
provide payment certificate in case work
completion certificate is not available]
The Bidders are instructed to scan the documents in Multipage PDF Format and the scanning
properties must be in (100 to 150 DPI/PPI in Grey or Color).

Note: - Failure of submission of any of the above mentioned documents will render the Bid liable to be
summarily rejected for both statutory and non statutory cover.

6. Bid Evaluation:

i. Opening of Technical proposal: Technical proposals will be opened by the Bid Inviting
Authority electronically from the website using his/ her Digital Signature Certificate.

ii. Cover (folder) of statutory documents should be opened first and if found in order, cover
(Folder) for non statutory documents will be opened. If there is any deficiency in the statutory
documents the Bid will summarily be rejected.

iii. Uploading of summary list of technically qualified Bidders.

iv. Pursuant to scrutiny and decision of the Bid Evaluation Cum Tender Committee the summary
list of eligible Bidder and for which their proposal will be considered and uploaded in the web
portals.

v. While evaluation, the committee may summon the Bidders and seek clarification / information
or additional documents or original hard copy of any of the documents already submitted and if
these are not produced within the stipulated time frame, their proposals will be liable for
rejection.

Financial proposal
To be uploaded digitally signed by the Bidder. BOQ should be uploaded for financial bidding in
following manner:

Total GST
Estimated
Quoted in Rs. Total Quoted
Amount
Rate(inclusi Rate
(inclusive of all
ve of all (inclusive of
Sl. taxes & duties,
Item Quantity taxes & all taxes &
No GST,
duties, duties, GST,
transportation)
transportati transportatio
in Rs.
on, except n) in Rs.
GST) in Rs.
Fabrication of M.S.
Chassis for
All
Installation of Water
complete
1. Tank (Capacity-245
3nos
Gallon) under
Chassis
Dankuni
Municipality
The audited Balance sheet for the last three years is to be submitted along with the bid documents.
 7. Penalty for suppression / distortion of facts:

Submission of false document by Bidder is strictly prohibited and in case of such act by the Bidder
the same may be referred to the appropriate authority for prosecution as per relevant IT Act.

8. Rejection of Bid:

The Employer (bid accepting authority) reserves the right to accept or reject any bid and to cancel
the bidding processes and reject all bids at any time prior to the award of contract without thereby
incurring any liability to the affected Bidder or Bidders or any obligation to inform the affected
Bidder or Bidders of the ground for Employer's (Bid accepting authority) action.

The Bidder whose bid has been accepted will be notified by the Bid Inviting and Accepting
Authority through acceptance letter/ Letter of Acceptance.

The Letter of Acceptance will constitute the formation of the Contract.

The Agreement in Printed Tender Form will incorporate all necessary documents e.g. N.I.T., all
addenda-corrigendum, special terms and condition, different filled-up forms Price Schedule and the
same will be executed between the Bid Accepting Authority and the successful Bidder.

Sd/-
Chairperson
Dankuni Municipality

Technical Specification of FABRICATION OF M.S. CHASSIS FOR INSTALLATION OF

WATER TANK (CAPACITY-245 GALLON)

TECHNICAL SPECIFICATION
Only Best Quality

Commercial Terms &Conditions :

1. Payment terms :
 i) All payments will be made by the Chairperson Dankuni Municipality.

ii) 90% of the cost may be paid on supply of the Items with compartments in good
condition to the respective allocated space of Corporation/ Municipalities.

iii) Remaining 10% will be released after 12 months only after successful operation
of the delivered items.

2. There shall be complete integrated full body free warranty for an initial period of 12 months.

3. Supply should be completed preferably within 30 days from the date of issue of LoI / Supply
Order.

4. Delay fine: 0.3% Penalty for delay beyond contract delivery period will be chargeable on
pro rata basis per day for the number of day of delay on undelivered quantity.
5. Initial Earnest Money of Rs. 10,000.00(Rupees Ten thousand) to be deposited along with
Technical bid. This amount will be converted to security deposit for the successful bidder.
Balance Earnest Money beyond Rs.10,000.00 (if any, to fulfill 2% of amount offered) shall
be deposited by the successful Bidder prior to acceptance of tender in the form of a Bank
Draft obtained in favour of “Chairperson Dankuni Municipality”, from any nationalized bank
payable at Dankuni.

6. The Security Deposit amount of 10% will be deducted towards Security Deposit (Including
EMD) from each running bill. Such deducted total amount will be refunded after 12 months
of completion of the work. No interest shall be payable on the deducted amount.

7. Price should be for inclusive of all taxes & duties, GST, transportation, freight, trial run &
training.
8. Price quoted should be firm and should remain valid up to 12 months from the date of
opening of financial part of the Tender.
9. Delivery to be made to respective allocated space of Municipal Corporations / Municipalities.

10. Any replacements / repairs during the warranty period i.e., 12 months should be the
responsibility of the Bidder.

11. The Tendering Authority reserves rights for +5% changes in the specifications with
condition that quality and functioning should not affect.

12. Inspection will be done at manufacturing site of the bidder (First One before painting
applied over the specified item and another one before delivery or as and when required). If
any discrepancy is found in the material supplied and technical specifications approved, the
same lot shall be rejected. No claim for the rejected material shall be entertained.

13. Dankuni Municipality reserves the right to modify the order quantity by (+/-) 20%.
 ANNEXURE A
PRE-QUALIFICATION APPLICATION

To
The Chairman
……………………Municipality

Name of work:
N. I. T. No.:
Dear Sir,
Having examined the Statutory, Non statutory and NIT documents, I /we hereby
submit all the necessary information and relevant documents for evaluation. The
application is made by me / us on behalf of In the capacity ________ duly
authorized to submit the order.
The necessary evidence admissible by law in respect of authority assigned to us on
behalf of the group of firms for Application and for completion of the contract
documents is attached herewith.

We are interested in bidding for the work(s) given in Enclosure to this letter.
We understand that:
(a) Bid Inviting and Accepting Authority / Engineer-in-Charge can amend the scope
and value of the contract bid under this project.

(b) Bid Inviting and Accepting Authority / Engineer-in-Charge reserves the right to
reject any application without assigning any reason.

Enclo : e-Filling:-
1. Statutory Documents
2. Non Statutory Documents

Date: - Signature of applicant including title

and capacity in which application is made.
 ANNEXURE B

Experience Profile
Name of the Firm :
Detailed Project experience during the period of last 05 years along with work
order copy and completion certificate

Date of Date of
Sl. Name of Tendered
Organisation Work Work Remarks
No. the Work Amount
order Completion

1.

2.

3.

4.

ANNEXURE C
FINANCIAL STATEMENT

1.Name of Applying Agency:

2.Summary of Turn over generated on the basis of the audited financial
statement of the last 0 3 ( three)financial years.

2020-21 2021-22 2022-23

Average
(Rs. In Lakh) (Rs. In Lakh) (Rs. In Lakh)

Annual Turnover

Average Annual Turnover is XXXX(Rs in Lakh)

Signed by a Practicing Chartered Accountant

Name: Membership No.:

Name of the Firm with seal

Date…………..
Note: This for required to be certified by a practicing Chartered Accountant
 ANNEXURE D

POWER OF ATTORNEY

Declaration of the Bidder

(Affidavit to be affirmed on a Non Judicial Stamp Paper of Appropriate Value

and Duly Notarized)

I, …………………………………………………………………………….. son of
……………………. ……………..……………………………………… aged about
……………….. years by occupation …………………………………………… do
hereby solemnly affirm and confirm as follow :

1. That, I am the ............................................... Of ...................................

have duly authorized by and competent to affirm this affidavit on behalf of the said
Bidder.
2. That, I have inspected the site of work and meticulously gone through the
Bid documents. Bid of the above named Bidder is offered and submitted upon
due consideration of all factors and if the same is accepted, I on and for behalf of
the aforesaid Bidder, being lawfully and duly authorized, promise to abide by all
the covenants, conditions and stipulations of the contractual documents and to
carry out, complete the works to the satisfaction of the Bid accepting Authority of
the Work and abide by all instructions as may given by the Engineer in Charge of
the work time to time. I also hereby undertake to abide by the provisions of Law
including the provisions of Contract Labour (Regulation & Abolition) Act,
Apprentice Act 1961, West Bengal Sales Tax Act, VAT Act, Income Tax Act, GST
as would be applicable to the Contractor upon entering into formal Contract /
agreement with the Bid Inviting/Accepting authority.
3. That I declare that, no relevant information as required to be furnished by
the Bidder has been suppressed in the Bid documents.

4. That the statement above made by me is true to my knowledge.

Deponent
Solemnly affirmed by the said .......................................
before me.

(1st class Judicial Magistrate / Notary Public)

 ANNEXURE E

STRUCTURE AND ORGANISATION

1. Name of applying agency:

2.Registered Office Address:

Telephone No.:
Fax No. :
E mail#:
Website:

3.Kolkata Office Address:

Telephone No.:
Fax No. :
E mail#:
Website:

4. Name of the Contact Person for this assignment:

Designation:
Address:
Telephone No. :
Cell phone No.:
E mail:
Fax No. :

Signature of applicant
including title and capacity in
which application is made.
 ANNEXURE F

DECLARATION
(Declaration should provide on printed letter head of the Bidders)

Sub: Submission of Bid for Fabrication of M.S. Chassis for Installation of Water Tank
(Capacity-245 Gallon) under Dankuni Municipality

To,
The Chairman
……………………. Municipality

Sir,

Having examined the details of Tender document, I / We hereby submit the

prequalification documents and other relevant information.

I hereby certify that all the statements made and information supplied in the
statements are true and correct to the best of my knowledge. I understand that if any
information found incorrect, the application is liable to be cancelled.

I have furnished all information and details necessary for pre-qualification and have
no further pertinent information to supply.

I certify that my firm is not blacklisted / banned from business by any organization.

I hereby accept the rules and procedures of the Institute for pre-qualification of
contractor and agree that the Institute has the right to accept or reject any application
without assigning a reason thereto.

I/we have not tampered / modified the Tender forms in any manner. In case, if the
same is found to be tampered/modified, I/we understand that my/our Tender will be
summarily rejected and I/we am/are liable to be banned from doing business with
Chairman Dankuni Municipality and /or prosecuted.

(Signature of authorized person)

Full Name of Signatory: ______________________

Designation of Signatory: ______________________

Place: ________________ Seal of the Bidder

Date_________________

ANNEXURE G
 Sl.
Name of Urban Local Body District No of Items
No.
1. Dankuni Municipality Hooghly Online Separate BOQ
uploaded

Annexure H - Financial Proposal Submission Form

THIS IS TO BE SUBMITTED AS PER FORMAT PROVIDED ONLINE ONLY

Bill of Quantities (BOQ)

Estimated Total Quoted GST in

Total Quoted
Amount Rate(inclusi Rs.
Rate
(inclusive of all ve of all
(inclusive of
Sl. taxes & duties, taxes &
Item Quantity all taxes &
No. GST, duties,
duties, GST,
transportation) transportatio
transportation
in Rs. n, except
) in Rs.
GST) in Rs.
Fabrication
of M.S.
Chassis for All
complete
Installation
3nos
of Water
Chassis
1. Tank
(Online
(Capacity-
Separate
245 Gallon)
BOQ
under
uploaded)
Dankuni
Municipality
 Form of Contract

(Text in brackets [ ] is optional; all notes should be deleted in final text)

This CONTRACT (hereinafter called the “Contract”) is made the ------ day of the month of -----, -------,
between, on the one hand, ---------------- (hereinafter called the “Authority”) and, on the other hand, ----
------------------ (hereinafter called the “Supplier”).
WHEREAS
(a) the authority has requested the supplier to provide certain goods and services as defined in this
contract (hereinafter called the “goods and services”);
(b) the supplier, having represented to the authority that it has the required professional skills, and
personnel and technical resources, has agreed to provide the services on the terms and conditions
set forth in this contract;
NOW THEREFORE the parties hereto hereby agree as follows:

1. The following documents attached hereto shall be deemed to form an integral part of this contract:
(a) The General conditions of contract;
(b) The Special conditions of contract (if applicable);
(c) The following appendices:
Appendix A: Description of goods and services
Appendix B: Reporting requirements
Appendix C: Staffing schedule
Appendix D: Total cost of services and payment schedule
Appendix E: Duties of the authority

2. The mutual rights and obligations of the authority and the supplier shall be as set forth in the
Contract, in particular:
(a) the Supplier shall carry out the Services in accordance with the provisions of the Contract; and
(b) the authority shall make payments to the supplier in accordance with the provisions of the
Contract.
IN WITNESS WHEREOF, the Parties hereto have caused this contract to be signed in their
respective names as of the day and year first above written.
For and on behalf of [name of Employer /Authority]

[Authorized Representative]

For and on behalf of [name of Supplier]

[Authorized Representative]
 General Conditions of Contract

1. General Provisions:

1.1 Definitions: Unless the context otherwise requires, the following terms whenever used in this
Contract have the following meanings:
a) “Applicable Law” means the laws and any other instruments having the force of law in India for
the time being.
b) “Authority” means Chairman……………Municipality.
c) “Supplier” means any private or public entity that will provide the goods and services to the
“Authority” under the Contract.
d) “Contract” means the Contract signed by the Parties and all the attached documents listed in its
Clause 1, that is this General Conditions (GC), the Special Conditions (SC), and the Appendices.
e) “Day” means calendar day.
f) “Effective Date” means the date on which this Contract comes into force and effect pursuant to
Clause GC 2.1.
g) “Force Majeure” for the purposes of this contract, means an event which is beyond the
reasonable control of a party, is not foreseeable, is unavoidable and not brought about by or at
the instance of the party claiming to be affected by such events and which has caused the non-
performance or delay in performance, and which makes a party’s performance of its obligations
hereunder impossible or so impractical as reasonably to be considered impossible in the
circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire,
explosion, storm, flood or other extreme adverse weather conditions, strikes, lockouts or other
industrial action (except where such strikes, lockouts or other industrial action are within the
power of the party invoking force majeure to prevent), confiscation or any other action by
Government agencies
h) “GC” means the General Conditions of Contract.
i) “Government” means the Government of India / Government of West Bengal
j) “Local Currency” means Indian Rupees.
k) “Member” means any of the entities that make up the joint venture / consortium /association; and
“Members” means all these entities.
l) “Party” means the “Authority” or the supplier, as the case may be, and “Parties” means both of
them.
m) “Personnel” means professionals and support staff provided by the Supplier assigned to perform
the Services or any part thereof.
n) “Reimbursable expenses” means all assignment-related costs [such as travel, translation, report
printing, secretarial expenses, subject to specified maximum limits in the contract].
o) “SC” means the Special Conditions of Contract by which the GC may be amended or
supplemented.
p) “Services” means the work to be performed by the supplier pursuant to this Contract, as
described in Appendix A hereto.
q) “In writing” means communicated in written form with proof of receipt.

1.2 Relationship Between the Parties: Nothing contained herein shall be construed as establishing
a relationship of master and servant or of principal and agent as between the “Authority” and the
“Supplier”. The Supplier, subject to this Contract, has complete charge of personnel, if any,
performing the services and shall be fully responsible for the goods provided and services performed
by them or on their behalf hereunder.
1.3 Law Governing Contract: This contract, its meaning and interpretation, and the relation
between the parties shall be governed by the applicable laws of India.
1.4 Headings:The headings shall not limit, alter or affect the meaning of this contract.
1.5 Notices:
1.5.1 Any notice, request or consent required or permitted to be given or made pursuant to this
Contract shall be in writing. Any such notice, request or consent shall be deemed to have been given
or made when delivered in person to an authorized representative of the party to whom the
communication is addressed, or when sent by registered post to such party at the address specified
in the Special Conditions of contract (SC).
1.5.2 A party may change its address for notice hereunder by giving the other party notice in writing
of such change to the address specified in the Special Conditions of contract (SC).
1.6 Location: The goods supplied and services shall be performed at such locations as mentioned in
the NIT document and, where the location of a particular task is not so specified, at such locations,
as the authority may approve.
1.7 Authorized Representatives: Any action required or permitted to be taken, and any document
required or permitted to be executed under this contract by the authority or the supplier may be taken
or executed by the signatories of this contract agreement or by any officials authorized by the
signatories of this contract.
1.8 Taxes and Duties: The supplier and its personnel shall be liable to pay such direct and indirect
taxes, duties, fees and other impositions levied under the applicable laws of India.
1.9 Fraud and Corruption:
1.9.1 Definitions: It is the authority’s policy to require that authority as well as supplier observe the
highest standard of ethics during the execution of the contract. In pursuance of this policy, the
authority defines, for the purpose of this provision, the terms set forth below as follows:
(i) “corrupt practice” means the offering, receiving, or soliciting, directly or indirectly, of anything of
value to influence the action of a public official in the selection process or in contract execution;
(ii) “fraudulent practice” means a misrepresentation or omission of facts in order to influence a
selection process or the execution of a contract;
(iii) “collusive practices” means a scheme or arrangement between two or more suppliers, with or
without the knowledge of the authority, designed to establish prices at artificial, non competitive
levels;
(iv) “coercive practices” means harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in a procurement process, or affect the execution of a
contract;
1.10.1 Measures to be taken by the Authority :
(a) The authority may terminate the contract if it determines at any time that representatives of the
supplier were engaged in corrupt, fraudulent, collusive or coercive practices during the selection
process or the execution of that contract, without the supplier having taken timely and appropriate
action satisfactory to the authority to remedy the situation;
(b) The authority may also sanction against the supplier, including declaring the supplier ineligible,
either indefinitely or for a stated period of time, to be awarded a contract if it at any time determines
that the supplier has, directly or through an agent, engaged in corrupt, fraudulent, collusive or
coercive practices in competing for, or in executing, an authority-financed contract;
1.10.2 Commissions and Fees:
At the time of execution of this contract, the supplier shall disclose any commissions or fees that may
have been paid or are agreed to be paid to agents, representatives, or commission agents with
respect to the selection process or execution of the contract. The information disclosed must include
at least the name and address of the agent, representative, or commission agent, the amount and
currency, and the purpose of the commission or fee.

2. COMMENCEMENT, COMPLETION, MODIFICATION AND TERMINATION OF CONTRACT:

2.1 Effectiveness of Contract: This contract shall come into force and effect on the date of signing
of this contract agreement (the “effective date”) OR of the “Authority”s notice to the supplier
instructing the supplier to begin carrying out the Services, whichever is later. This notice shall confirm
that the conditions precedent and effectiveness conditions, if any, listed in the Special Conditions of
contract (SC) have been met.
2.2 Termination of Contract for Failure to Become Effective: If this contract has not become
effective within such time period after the date of the contract signed by the parties as specified in the
Special Conditions of contract (SC), either party may, by not less than twenty one (21) days written
notice to the other party, declare this contract to be null and void, and in the event of such a
declaration by either party, neither party shall have any claim against the other party with respect
hereto.
2.3 Commencement of Services: The supplier shall begin carrying out the services not later than
the number of days after the effective date specified in the Special Conditions of contract (SC).
2.4 Expiration of Contract: Unless terminated earlier pursuant to clause 2.9 hereof, this contract
shall expire at the end of such time period after the effective date as specified in the Special
Conditions of contract (SC).
2.5 Entire Agreement: This contract contains all covenants, stipulations and provisions agreed by
the parties. No agent or representative of either party has authority to make, and the parties shall not
be bound by or be liable for, any other statement, representation, promise or agreement not set forth
herein.
2.6 Modifications or Variations: (a) Any modification or variation of the terms and conditions of this
contract, including any modification or variation of the scope of the services, may only be made by
written agreement between the parties.
(b) In cases of substantial modifications or variations, the prior written consent of the authority is
required.
2.7 Force Majeure:
2.7.1
(a) Force Majeure as has been defined in Clause no. 1.1 shall not include (i) any event which is
caused by the negligence or intentional action of a party, nor (ii) any event which a diligent party
could reasonably have been expected both to take into account at the time of the conclusion of this
contract, and avoid or overcome in the carrying out of its obligations hereunder.
(b) Force Majeure shall not include insufficiency of funds or inability to make any payment required
hereunder.
2.7.2 No Breach of Contract: The failure of a party to fulfill any of its obligations hereunder shall not
be considered to be a breach of, or default under, this contract insofar as such inability arises from an
event of force majeure, provided that the party affected by such an event has taken all reasonable
precautions, due care and reasonable alternative measures, all with the objective of carrying out the
terms and conditions of this contract.
2.7.3 Measures to be taken: (a) A party affected by an event of force majeure shall continue to
perform its obligations under the contract as far as is reasonably practical, and shall take all
reasonable measures to minimize the consequences of any event of force majeure.
(b) A party affected by an event of force majeure shall notify the other party of such event as soon as
possible, and in any case not later than fourteen (14) days following the occurrence of such event,
providing evidence of the nature and cause of such event, and shall similarly give written notice of
the restoration of normal conditions as soon as possible.
(c) Any period within which a party shall, pursuant to this contract, complete any action or task, shall
be extended for a period equal to the time during which such party was unable to perform such action
as a result of force majeure.
(d) During the period of their inability to perform the services as a result of an event of force majeure,
the supplier, upon instructions by the “authority”, shall either:
(i) demobilize, or
(ii) continue with the supply of goods and services to the extent possible, in which case
the supplier shall continue to be paid proportionately and on prorata basis, under the
terms of this contract.
(e) In the case of disagreement between the parties as to the existence or extent of force majeure,
the matter shall be settled by the State Government.
2.8 Suspension: The “authority” may, by written notice of suspension to the supplier, suspend all
payments to the supplier hereunder if the supplier fails to perform any of its obligations under this
Contract, including the carrying out of the Services, provided that such notice of suspension (i) shall
specify the nature of the failure, and (ii) shall allow the supplier to remedy such failure, if capable of
being remedied, within a period not exceeding thirty (30) days after receipt by the supplier of such
notice of suspension.
2.9 Termination
2.9.1 By the “Authority”:
2.9.1.1The “Authority” may terminate this contract in case of the occurrence of any of the events
specified in paragraphs (a) through (i) of this clause 2.9.1.1
(a) If the supplier fails to remedy a failure in the performance of its obligations hereunder, as
specified in a notice of suspension pursuant to clause 2.8 hereinabove, within thirty (30) days of
receipt of such notice of suspension or within such further period as the “authority” may have
subsequently approved in writing.
(b) If the supplier becomes (or, if the supplier consists of more than one entity, if any of its members
becomes and which has substantial bearing on providing services under this contract) insolvent or go
into liquidation or receivership whether compulsory or voluntary.
(c) If the supplier fails to comply with any final decision reached as a result of arbitration proceedings
pursuant to clause 8 hereof.
(d) If the supplier, in the judgment of the “authority”, has engaged in corrupt or fraudulent practices in
competing for or in executing this contract.
(e) If the supplier submits to the “authority” a false statement which has a material effect on the rights,
obligations or interests of the “authority”.
(f) If the supplier places itself in position of conflict of interest or fails to disclose promptly any conflict
of interest to the authority.
(g) If the supplier fails to provide the quality goods and services as envisaged under this contract.
The Authority itself or an appointed representative/Committee formulated to monitor the progress of
the assignment may make judgment regarding the poor quality of goods and services, the reasons
for which shall be recorded in writing. The authority may decide to give one chance to the supplier to
improve the quality of the goods and services.
(h) If, as the result of force majeure, the supplier is unable to perform a material portion of the
contract for a period of not less than sixty (60) days.
(i) If the “authority”, in its sole discretion and for any reason whatsoever, decides to terminate this
contract.
2.9.1.2 In such an occurrence the “authority” shall give a not less than thirty (30) days’ written notice
of termination to the supplier, and sixty (60) days’ in case of the event referred to in (i).
2.9.2 By the Supplier: The supplier may terminate this contract, by not less than thirty (30) days’
written notice to the “authority”, in case of the occurrence of any of the events specified in paragraphs
(a) through (d) of this clause 2.9.2.
(a) If the “authority” fails to pay any money due to the supplier pursuant to this contract and not
subject to dispute pursuant to clause 8 hereof within forty-five (45) days after receiving written notice
from the supplier that such payment is overdue.
(b) If, as the result of force majeure, the supplier is unable to perform a material portion of the
services for a period of not less than sixty (60) days.
(c) If the “authority” fails to comply with any final decision reached as a result of arbitration pursuant
to clause 8 hereof.
(d) If the “authority” is in material breach of its obligations pursuant to this contract and has not
remedied the same within forty-five (45) days (or such longer period as the supplier may have
subsequently approved in writing) following the receipt by the “Authority” of the supplier’s notice
specifying such breach.
2.9.3 Cessation of Rights and Obligations: Upon termination of this contract pursuant to clauses
2.2 or 2.9 hereof, or upon expiration of this contract pursuant to clause 2.4 hereof, all rights and
obligations of the parties hereunder shall cease, except (i) such rights and obligations as may have
accrued on the date of termination or expiration, (ii) the obligation of confidentiality set forth in clause
3.3 hereof, (iii) the supplier’s obligation to permit inspection, copying and auditing of their accounts
and records set forth in clause 3.6 hereof, and (iv) any right which a party may have under the Law.
2.9.4 Cessation of Services: Upon termination of this contract by notice of either party to the other
pursuant to clauses 2.9.1 or 2.9.2 hereof, the supplier shall, immediately upon dispatch or receipt of
such notice, take all necessary steps to bring the supply of goods and services to a close in a prompt
and orderly manner and shall make every reasonable effort to keep expenditures for this purpose to
a minimum. With respect to documents prepared by the supplier and equipment and materials
furnished by the “authority”, the supplier shall proceed as provided, respectively, by clauses 3.9 or
3.10 hereof.
2.9.5 Payment upon Termination: Upon termination of this contract pursuant to clauses 2.9.1 or
2.9.2 hereof, the “authority” shall make the following payments to the supplier:
(a) If the contract is terminated pursuant to clause 2.9.1 (g), (h) or 2.9.2, payment pursuant to clause
6.3(h) (i) hereof for supply of goods at required quality and services satisfactorily performed prior to
the effective date of termination, and any reimbursable expenditures (if applicable and to be decided
solely by the authority) pursuant to clause 6.3(h)(ii) hereof for expenditures actually and reasonably
incurred prior to the effective date of termination;
(b) If the agreement is terminated pursuant of Clause 2.9.1 (a) to (f), the supplier shall not be entitled
to receive any agreed payments upon termination of the contract. However, the “authority” may
consider to make payment for the part satisfactorily performed on the basis of quantum merit as
assessed by it, if such part is of economic utility to the authority. Under such circumstances, upon
termination, the authority may also impose liquidated damages as per the provisions of clause 9 of
this agreement. The supplier will be required to pay any such liquidated damages to authority within
30 days of termination date.
2.9.6 Disputes about Events of Termination: If either party disputes whether an event specified in
paragraphs (a) through (g) of clause 2.9.1 or in clause 2.9.2 hereof has occurred, such party may,
within forty-five (30) days after receipt of notice of termination from the other party, refer the matter to
clause 8 hereof, and this contract shall not be terminated on account of such event except in
accordance with the terms of any resulting arbitral award.

3. OBLIGATIONS OF THE SUPPLIER:

3.1 Standard of Performance: The supplier shall perform the services and provide the goods as per
the detailed specifications and benchmarks provided in the NIT document and carry out their
obligations hereunder with all due diligence, efficiency and economy, in accordance with generally
accepted professional standards and practices, and shall observe sound management practices, and
employ appropriate technology and safe and effective equipment, machinery, materials and methods.
3.2 Conflict of Interests: The supplier shall hold the authority’s interests paramount, without any
consideration for future work, and strictly avoid conflict of interest with other assignments or their own
corporate interests. If during the period of this contract, a conflict of interest arises for any reasons,
the supplier shall promptly disclose the same to the Authority and seek its instructions.
3.2.1 Supplier not to benefit from Commissions, Discounts, etc.: (a)The payment of the supplier
pursuant to Clause 6 hereof shall constitute the supplier’s only payment in connection with this
contract and, subject to clause 3.2.2 hereof, the supplier shall not accept for its own benefit any trade
commission, discount or similar payment in connection with activities pursuant to this contract or in
the discharge of its obligations hereunder.
(b) Furthermore, if the supplier, as part of the services, has the responsibility of advising the authority
on the procurement of goods, works or services, the supplier shall comply with the authority’s
applicable procurement guidelines, and shall at all times exercise such responsibility in the best
interest of the authority. Any discounts or commissions obtained by the supplier in the exercise of
such procurement responsibility shall be for the account of the authority.
3.2.2 Supplier and Affiliates Not to Engage in Certain Activities: The supplier agrees that, during
the term of this contract and after its termination, the supplier and any entity affiliated with the
supplier, shall be disqualified from providing goods, works or services (other than consulting services)
resulting from or directly related to the supplier’s services within the framework of this contract.
3.2.3 Prohibition of Conflicting Activities: The supplier shall not engage, and shall cause their
personnel not to engage, either directly or indirectly, in any business or professional activities that
would conflict with the activities assigned to them under this contract.
3.3 Confidentiality: Except with the prior written consent of the authority, the supplier and its
personnel shall not at any time communicate to any person or entity any confidential information
acquired in the course of the contract, nor shall the supplier and its personnel make public the
recommendations formulated in the course of, or as a result of, the contract.
3.4 Accounting, Inspection and Auditing: The supplier (i) shall keep accurate and systematic
accounts and records in respect of the services hereunder, in accordance with internationally
accepted accounting principles and in such form and detail as will clearly identify all relevant time
changes and costs, and the bases thereof, and (ii) shall periodically permit the authority or its
designated representative and/or the authority, and up to five years from expiration or termination of
this contract, to inspect the same and make copies thereof as well as to have them audited by
auditors appointed by the authority or the authority, if so required by the authority or the authority as
the case may be.
3.5 Supplier’s Actions Requiring Authority’s Prior Approval: The supplier shall obtain the
Authority’s prior approval in writing before taking any of the actions that is not in line and spirit of this
contract agreement or has any financial and quality implications pertaining to the supply of the goods
and services as envisaged in this contract.
.
3.6 Reporting Obligations: The supplier shall submit to the authority the reports and documents as
specified from time to time, in the form, within the pre stated time periods. Final reports shall be
delivered in CD ROM in addition to the hard copies specified (Appendix B).
3.7 Equipment and Materials provided by the Suppliers: Equipment or materials brought into the
project location by the supplier and the personnel and used either for the project or personal use
shall remain the property of the supplier or the personnel concerned, as applicable.

4. SUPPLIERS’ PERSONNEL:
4.1 General: The supplier shall employ and provide such qualified and experienced personnel as
are required to carry out the services and supply of goods.

5. OBLIGATIONS OF THE “AUTHORITY”

5.1 Assistance and Exemptions: Unless otherwise specified in the Special Conditions of Contract
(SC), the authority shall use its best efforts to ensure that the Government shall:
(a) Provide the supplier and personnel with work permits and such other documents as shall be
necessary to enable the supplier or personnel to supply the goods and perform the services.
(b) Provide to the supplier and its personnel any such other assistance as may be specified in the
Special Conditions of Contract (SC).
5.2 Change in the Applicable Law Related to Taxes and Duties: If, after the date of this contract,
there is any change in the applicable laws of India with respect to taxes and duties, which are directly
payable by the supplier for providing the services i.e. service tax or any such applicable tax from time
to time, which increases or decreases the cost incurred by the supplier in performing the services,
then the remuneration and reimbursable expenses otherwise payable to the supplier under this
contract shall be increased or decreased accordingly by agreement between the parties hereto, and
corresponding adjustments shall be made to the ceiling amounts specified in clause 6.1(b).
5.3 Services, Facilities and Property of the “Authority”: The authority shall make available to the
supplier and its Personnel, for the purposes of the supply of goods and services any sort of
assistance as may be within the powers of the Authority.
5.4 Payment: In consideration of the services performed by the supplier under this contract, the
authority shall make to the supplier such payments and in such manner as is provided by clause 6 of
this contract.

6. PAYMENTS TO THE SUPPLIER:

6.1 Total Cost of the Services:

(a) The total cost of the services payable is set forth in Appendix D as per the supplier’s proposal to
the authority.
(b) Except as may be otherwise agreed under clause 2.6 and subject to clause 6.1(c), payments
under this contract shall not exceed the amount specified in Appendix-D.
(c) Notwithstanding clause 6.1(b) hereof, if pursuant to any of the clauses 4.2 (c) or 5.2 hereof, the
parties shall agree that additional payments shall be made to the supplier in order to cover any
necessary additional expenditures not envisaged in the cost estimates referred to in clause 6.1(a)
above, the ceiling or ceilings, as the case may be, set forth in clause 6.1(b) above shall be increased
by the amount or amounts, as the case may be, of any such additional payments.
6.2 Currency of Payment: All payments shall be made in Indian Rupees.
6.3 Terms of Payment: The payments in respect of the services shall be made as follows:
(a) The supplier shall submit the invoice for payment when the payment is due as per the agreed
terms.
(b) If the authority fails to intimate acceptance of the deliverables or its objections thereto, within 21
days of receipt of invoice, the Authority shall release the payment to the supplier without further
delay.
(c) In case of early termination of the contract, the payment shall be made to the supplier as
mentioned here with: (i) Assessment should be made about work done from the previous deliverable,
for which the payment is made or to be made till the date of the termination. (ii) A reasonable
assessment of the reimbursable and miscellaneous expenses shall be made based on details
furnished by the supplier in this regard with supporting documents and based on the assessment of
the work done and the respective rates as provided. (iii) Wherever such an assessment is difficult,
the rates should be arrived at by calculating the amount on pro-rata basis. The total amount payable
shall be the amount calculated as per (i) and (ii) above plus any applicable tax.

7. FAIRNESS AND GOOD FAITH:

7.1 Good Faith: The parties undertake to act in good faith with respect to each other’s rights under
this contract and to adopt all reasonable measures to ensure the realization of the objectives of this
contract.
7.2 Operation of the Contract: The parties recognize that it is impractical in this contract to provide
for every contingency which may arise during the life of the contract, and the parties hereby agree
that it is their intention that this contract shall operate fairly as between them, and without detriment
to the interest of either of them, and that, if during the term of this contract either party believes that
this contract is operating unfairly, the parties will use their best efforts to agree on such action as may
be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action
pursuant to this clause shall give rise to a dispute subject to arbitration in accordance with clause 8
hereof.

8. SETTLEMENT OF DISPUTES:

8.1 Amicable Settlement: Performance of the contract is governed by the terms and conditions of
the contract, in case of dispute arises between the parties regarding any matter under the contract,
either party of the contract may send a written notice of dispute to the other party. The party receiving
the notice of dispute will consider the notice and respond to it in writing within 30 days after receipt. If
that party fails to respond within 30 days, or the dispute cannot be amicably settled within 60 days
following the response of that party, clause 8.2 shall become applicable.
8.2 Arbitration: In the case of dispute arising upon or in relation to or in connection with the contract
between the authority and the supplier, which has not been settled amicably, any party can refer the
dispute for arbitration under the Arbitration and Conciliation Act, 1996. Such disputes shall be
referred to an Arbitral Tribunal consisting of 3 (three) arbitrators, one each to be appointed by the
Authority and the supplier, the third arbitrator shall be chosen by the two arbitrators so appointed by
the parties and shall act as Presiding Arbitrator. In case of failure of the two arbitrators, appointed by
the parties to reach a consensus regarding the appointment of the third arbitrator within a period of
30 days from the date of appointment of the two arbitrators. The Arbitration and Conciliation Act,
1996 and any statutory modification or re-enactment thereof, shall apply to these arbitration
proceedings.
8.3. Arbitration proceedings shall be held in Kolkata, India at a mutually agreed upon place and the
language of the arbitration proceedings and that of all documents and communications between the
parties shall be English.
8.4 The decision of the majority of arbitrators shall be final and binding upon both parties. The
expenses of the arbitrators as determined by the arbitrators shall be shared equally by the authority
and the supplier. However, the expenses incurred by each party in connection with the preparation,
presentation shall be borne by the party itself. All arbitration awards shall be in writing and shall state
the reasons for the award.

9. Miscellaneous provisions:

(i) Nothing contained in this contract shall be construed as establishing or creating between the
parties, a relationship of master and servant or principal and agent.
(ii) Any failure or delay on the part of any party to exercise right or power under this contract shall not
operate as waiver thereof.
(iii) The supplier shall notify the authority of any material change in their status, in particular, where
such change would impact on performance of obligations under this contract.
(iv) The supplier shall at all times indemnify and keep indemnified the authority against all
claims/damages etc. for any infringement of any Intellectual Property Rights (IPR) while providing its
services under the project.
(v) The supplier shall at all times indemnify and keep indemnified the authority against any claims in
respect of any damages or compensation payable in consequences of any accident or injury
sustained or suffered by its (the Supplier’s) employees resulting from or by any action, omission or
operation conducted by or on behalf of the supplier.
(vi) All claims regarding indemnity shall survive the termination or expiry of the contract.

LIST OF APPENDICES

APPENDIX A – DESCRIPTION OF GOODS AND SERVICES:

Supply and delivery at site of ………………nos. of Items with compartments for …………… ULBs.
Following the specifications as stated below:

Technical Specification of Fabrication of M.S. Chassis

………………………………….

APPENDIX B - REPORTING REQUIREMENTS:

The supplier shall report to the authority the following milestones:

a) Delivery & Installation M.S. Chassis to any of the specified ULB as mentioned in the NIT
with all necessary supporting documents.

APPENDIX C – STAFFING SCHEDULE:

The supplier shall employ and provide such qualified and experienced personnel as are required to
carry out the services and supply of goods.

APPENDIX D – TOTAL COST OF SERVICES AND PAYMENT SCHEDULE:

As mentioned in the NIT documents.

APPENDIX E - DUTIES OF THE “AUTHORITY”

As mentioned in clause 5 of this agreement.

Signature Not Verified

Digitally signed by HASINA SHABNAM
Date: 2025.01.07 16:04:29 IST
Location: West Bengal-WB