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HINDUSTAN PREFAB LIMITED (A Govt. of India Enterprise)
JANGPURA, NEW DELHI-110014
To render Architectural and Engineering Consultancy Services in
connection with the Construction of Post Doctoral Student’s
Accommodation at IIT-Kharagpur.
NIT NO: HPL/GM/TC/IITK/2015-16/ 62 Dated : 07.09.2015
Last date for Submission of Tender : 14.10.2015
Cost of Bid Document : ` 5000 /-
EMD : : ` 20,000/-
ISSUED TO M/s_________________________
Ph- (011) 43149800-899, Fax: - (011) 26340365 E-mail:- [email protected] Website: - www.hindprefab.org
Seal & Signature of Tenderer HPL 2
HINDUSTAN PREFAB LIMITED (A Govt. of India Enterprise)
JANGPURA, NEW DELHI-110014
NOTICE INVITING TENDER
NIT NO: HPL/GM/TC/IITK/2015-16/ 62 Dated : 07.09.2015
Sealed offers are invited from eligible and reputed Architectural firms / Consultants in
two bid system To render Architectural and Engineering Consultancy Services in
connection with the Construction of Post Doctoral Student’s Accommodation at IIT-
Kharagpur as per details given below :-
Sl.
No
.
Name of Work Estimated
Cost
(Rs. in
Crores)
EMD
(Rs. in
Thousand)
Cost of
tender
(Rs.)
Time of
completion
1 To render Architectural and
Engineering Consultancy Services
in connection with the
Construction of Post Doctoral
Student’s Accommodation at IIT-
Kharagpur.
16.00
20,000/-
5000/-
(non-
refunda
ble)
12 months
The tender documents can be had from the office of General Manager (Engg.),
Hindustan Prefab Limited from 08.09.2015 to 13.10.2015 up to 4.00 PM on furnishing
Demand Draft drawn on a Scheduled Bank in favour of “Hindustan Prefab Limited”
payable at New Delhi for Rs.5000/- as tender cost (non refundable). The tenders shall be
submitted in the office of General Manager (Engg.) , Hindustan Prefab Limited,
Jangpura, New Delhi-14 by 14.10.2015 up to 3.00 PM and opened on the same day
at 3.30 PM.
A pre-bid conference shall be held on dt. 24.09.2015 at 3:00 PM in the office of
Chairman (Civil Construction & Maintenance) at Indian Institute of Technology,
Kharagpur-721302, West Bengal. Any clarification / amendment / corrigendum given
shall be uploaded on HPL’s website, if any, upto dt.14.10.2015. To attend the pre-bid
conference, the bidders shall have to deposit the tender cost (non-refundable in the form
of DD or in Cash with Project Incharge HPL) prior to the pre-bid conference. Only two
representatives of each bidder can attend the pre-bid conference.
Tender documents can also be downloaded from HPL’s website www.hindprefab.org.
However, cost of tender documents as aforesaid shall be payable in addition to EMD at
the time of tender submission.
Hindustan Prefab Limited (HPL) reserves the right to accept or reject any or all tenders in
part or full without assigning any reason thereof.
General Manager (Engg.)
Seal & Signature of Tenderer HPL 3
INSTRUCTIONS TO TENDERERS
1.0 The tenderers shall be required to deposit Earnest Money of Rs. 20,000/-
(Rupees Twenty thousands only) by means of Demand Draft from any Scheduled Bank
in favour of “Hindustan Prefab Ltd.,” payable at New Delhi. The tenders received
without required Earnest Money and Tender Cost as mentioned above shall be summarily
rejected. In case, the date of opening of tenders happens to be a holiday, the tenders
would be received and opened on the next working day at the same time.
2.0 Mode of Submission:
The tender is to be submitted in two separate sealed covers as under:-
a) Envelope-1 (EMD, Cost of tender and undertaking for unconditional
acceptance of tender conditions).
This Envelope shall contain the following:-
i) Requisite EMD as specified in NIT.
ii) Cost of Tender documents, (if downloaded from Website) as specified in NIT.
iii) Letter of Integrity pact on letter head of party.
iv) Letter of Unconditional Acceptance of tender conditions as per proforma Annexure-I.
The envelope shall be properly sealed and superscribed as “Envelope-I”, indicating the
NIT No., Due date, Name of work and Name of the Tenderer.
Tenders not accompanied with prescribed EMD and cost of tender documents shall be
summarily rejected and such Tenderers shall not be allowed to participate in presentation
and attend the Opening of Financial Bids.
b) Envelope –II (Technical Bid)
This envelope shall contain the following:-
i) Application form for prequalification, initial criteria for eligibility for
prequalification, evaluation criteria, letter of transmittal etc. as per proforma given in
Technical Bid.
ii) NIT, General Conditions of Contract, Special Conditions of Contract,
Corrigendum/ Addendum, if any and Technical Specifications.
iii) Copy of Power of Attorney / Partnership Deed duly self attested by the owner of
the firm.
iv) Any other information required to be submitted along with the tender.
The Architect/Consultant should submit the documents keeping in mind the Technical
Evaluation Criteria and covers the following :-
1. Master Planning
a) 3-Dimensional view of the site
b) As integration of campus master plan
c) Access , communication & movement plan of the entire complex
d) Landscape plan (including site drainage)
e) Fire fighting plan
f) Parking plan
Seal & Signature of Tenderer HPL 4
2. Building Plans
a) Concept Floor Plans
b) Elevation/Sections-as per requirement.
c) 3-D views of both the buildings
d) Plan for services& utilities like water, sewer,electricity ,networking etc.
3. Budgetary estimate (based on CPWD Plinth Area Rates) incl. all services listed above.
4. List of measures to be taken for Energy efficiency/Green Building Concept for at least
GRIHA4 rating
All the above documents should be submitted along with Technical bid, and this envelope
shall be properly sealed and superscribed as “Envelop–II (Technical Bid)” indicating NIT
No., Due date, Name of Work, Name of tender/ Contractor.
c) Envelope –III (Financial Bid)
Containing the Financial bid which shall be opened as per S. No. 16.03 of ITT.
This envelope shall be properly sealed and superscribed as “Envelope-III (Financial
Bid)”, indicating the NIT No., Due date, Name of work, Name of Tenderer. This
Envelope shall contain the Price Bid.
All the three sealed envelopes shall be wrapped in an outer envelope which should also
be properly sealed super-scribing the NIT No., Due date, Name of work, Name of
Tenderer.
A pre-bid conference shall be held on dt. 24.09.2015 at 3:00 PM in the office of
Chairman (Civil Construction & Maintenance) at Indian Institute of Technology,
Kharagpur-721302, West Bengal. Any clarification / amendment / corrigendum given
shall be uploaded on HPL’s website, if any, upto dt.14.10.2015. To attend the pre-bid
conference, the bidders shall have to deposit the tender cost (non-refundable in the form
of DD or in Cash with Project Incharge HPL) prior to the pre-bid conference. Only two
representatives of each bidder can attend the pre-bid conference.
The tenders will be received in the office of General Manager (Engg.) by 14.10.2015
up to 3.00 PM and will be opened on the same day at 3.30 PM in the presence of
representatives of Tenderers who wish to be present there. In case, the date of opening of
tenders happens to be Holiday then the tenders would be received and opened on the next
working day at the same time.
The tenders received after the due date & time of submission shall not be entertained, and
shall be returned to the Tenderers unopened. HPL shall not be responsible for any postal
delays. Tenderers shall take care to ensure the submission of tenders at place of receipt
of tender before due date.
Financial Bid of those tenderers shall be opened who are technically qualified. Date for
opening of Financial Bids shall be intimated to the tenderers, who are found to be
technically qualified after evaluation in accordance with the prescribed criteria.
Seal & Signature of Tenderer HPL 5
3.0 In case the offer is withdrawn before validity period, the earnest money so
deposited shall be forfeited.
4.0 The tenders shall be strictly as per the conditions of NIT. Tenders with any
additional condition(s) / modifications shall be rejected.
5.0 The acceptance of tender will rest with the HPL, who does not bind itself to accept
the lowest tender and reserves the right to reject any or all the tenders received without
assigning any reason thereof. Incomplete Tenders or tenders not fulfilling the prescribed
conditions are liable to be rejected.
6.0 Canvassing whether directly or indirectly in connection with tenders is strictly
prohibited and the tenders submitted by the Tenderers / firms who resort to canvassing
will be liable for rejection.
7.0 On acceptance of tender, the name of the accredited representative(s) of the
Tenderers/ firm who would be responsible for taking instructions from Engineer-in-
Charge or its authorized representative shall be intimated by the Tenderers/agency within
07 (Seven) days of the issue date of letter/Fax/E.mail or Letter of Intent/ Award by HPL.
8.0 The time of completion of the entire work, as stipulated in the NIT, shall be
reckoned from the 7th
day after issue of the letter/Fax/E.mail of Intent by the HPL.
9.0 The tender award, execution and completion of work shall be governed by tender
documents, consisting of (but not limited to) Letter of Intent/ Work Order, Scope of
work, General Conditions of Contract etc. The Tenderers shall be deemed to have gone
through the various conditions and clauses of the tender or any other condition which in
the opinion of tenderer will affect his price/rates before quoting their rates. No claim,
whatsoever, against the foregoing shall be entertained.
10.0 In case the conditions mentioned above are found violated at any time before
opening of tenders the tender shall be summarily rejected and HPL shall without
prejudice to any other right or remedy be at liberty to forfeit the full Earnest Money
absolutely.
11.0 TRANSFER OF BID DOCUMENTS
Transfer of bid documents purchased by one intending bidder to another is not
permissible.
12.0 Only One Proposal
The Architect /consultant firm shall only submit one proposal. If a Consultant submits or
participates in more than one proposal, such proposals shall be disqualified. However,
this does not limit the participation of the same Sub-Consultant, including individual
experts, to more than one proposal.
13.0 Proposal Validity
The Architect firm /consultant tender must remain valid for 180 days after the last date
fixed for submission of tender including the extension(s) given, if any.
Seal & Signature of Tenderer HPL 6
14.0 Preparation of Bid Proposal
14.1 In preparing their tender, Architect firm/consultants are expected to examine in
detail the tender document and visit the site, if desired.
14.2 The bid proposals, all related correspondence exchanged by the Architect
firm/consultants & the HPL and the contract to be signed with the winning consultant
shall be written in the English language
1 4.3 Financial bid Proposals
The Financial bid shall not include any commercial or technical condition/ information.
Financial offer shall be submitted as per Financial Bid in Percentage Rate.
15.0 Technical Qualification and Presentation
The building included in this phase for which NIT is being invited is Post Doctoral
Student’s Accommodation at IIT-Kharagpur .
The eligible tenderers who fulfill the criteria as mentioned at S. No. 2(a) & 2(b) and
16.02 shall be invited for participating in the presentation before the Committee
constituted for the purpose by HPL. The Architect firm/Consultant shall bring hard &
Soft copy of related details at the time of presentation. The time and venue for
presentation shall be intimated to the tenderers, who are found to be technically qualified
after evaluation in accordance with the prescribed qualification criteria.
The committee shall evaluate the presentation and would assign the marks independently
and then the assigned marks would be included in the marks obtained by the bidder in
technical bid as per NIT.
The consultant shall have no right to challenge the marks assigned by the individual
member of the committee and, individual member of the committee shall have no liability
to applicant in this regard. No correspondence would be entertained challenging or
contesting the marking by the individual member of the committee.
The committee will select the Architects firms/Consultant on the basis of their
presentation and Technical evaluation. The financial bid of those Architect
firm/consultant shall only be opened who secure minimum 60% out of total marks in the
Technical evaluation.
The committee shall evaluate the Technical evaluation of consultants by applying the
evaluation criteria, sub-criteria, and point system as stipulated here in under.
16.0 Tender Evaluation
16.01 The bid document of the participating Architects will be evaluated by a duly
constituted/authorized committee of Client and HPL based on the following criteria for
Technical Bid (based on information provided by the bidders). Therefore the bidders are
Seal & Signature of Tenderer HPL 7
requested to provide authenticate, updated documentary evidential information along
with their bid. No request for subsequent production of documents will be allowed.
16.02 Qualification Criteria:
Architects /Firms who will fulfill the following criteria shall be considered for participation:
a. Members of Institution of Architects and Indian Council of Architects.
b. Have experience in the field for not less than 10 years as on 31.07.2015.
c. Have completed similar consultancy assignment during the last seven years as on 31.07.2015
value as listed below:
“At least one similar project costing not less than Rs.13 crore or two similar projects each
costing not less than Rs.10 crore or three similar projects each costing not less than Rs.7 crore”
d. The similar completed project must have minimum five storeys.
e. Similar assignment means providing comprehensive master plan/architectural/engineering
consultancy for planning & designing of architectural, civil engineering, public health, electrical,
fire fighting and other services for a reputed institute. At least one of the above projects shall be
for Government/PSU/Government Autonomous Bodies etc.
f. The Agency should have an average annual turnover not less than Rs.16 lacs for Consultancy
service during the last three financial years ending 31st March 2015. (Attested copies of audited
balance sheet along with Income Tax Return filed with IT Deptt. To be enclosed duly attested by
Notary Public)
g. The applicant should have a solvency of Rs 6.4 lacs certified by his Bankers. The solvency should be
issued in the name of HPL or to whom so it may concern & it should not be older than 6 months as on last
date of receipt of tenders.
The initial screening will be done for the bidders who have fulfilled the above criteria. The
documentary evidence for the fulfilling the above criterion is to be submitted along with the
Technical Bid. The bidders who are fulfilling the above criteria shall be evaluated as per the
following Technical Evaluation Criteria. The selection shall be based on Quality & Cost Based
Criteria (QCBC) as defined in Table-I.
Seal & Signature of Tenderer HPL 8
Table: I
Technical Evaluation Criteria
S.N. Criteria Weightage
A. Design of buildings
60%
a) Master plan 5%
b) 3D view of entire complex& landscaping 5%
c) Parking, access & fire fighting plan 5%
d) Space Planning of the buildings: 40%
i) Floor Plan 20%
ii) Space Utilization 10%
iii) Circulation & Flow: 10%
e) 3D view of the building : 5%
B. Qualification & Competence of the key staff for Assignments 20%
( Out of which
30 %for
qualification
& 70% for
quality of
experience)
a) Team Leader
b) Structural Engineer
c) Architect
c) PHE Expert
d) Electrical Engineer
C. Compatibility with GRIHA 4 Rating (the Architect need to enclose a
write up on how their design will be cost & energy efficient).
10%
D. Presentation 10%
Total: 100%
Qualification of Key Staff for Assignment
(CV recently signed and dated by the professional staff to be enclosed)
Sl.
No.
Designation Min. No. of
personnel
Qualification Experience
I. Team Leader 1 Graduate in Architecture
(Degree recognized by
Council of Architecture)
Minimum 5 years as
Team leader and
minimum total experience
of 15 years.
II. Structural Engineer 1 Post Graduate / Graduate
in Structural Engineering
Minimum 5 years
experience in structural
designing and total of 10
years.
III. Electrical Engineer 1 Graduate in relevant
branch of Engineering.
Minimum relevant
experience of 5 years.
Seal & Signature of Tenderer HPL 9
The bidders are also required to submit a self evaluation sheet along with the Technical Bid. The
supporting documents should be numbered and referred in the self evaluation sheet to support the self
marking.
The markings shall be based on the supporting documents submitted along with the Technical Bid. The
technical proposal shall be evaluated by the evaluation committee for the parameters based on the
evaluation criteria mentioned above and given a technical score. Bidders securing minimum 60% of the
marks mentioned above shall be declared technically successful. Financial bids of the technically
unsuccessful bidders will be returned unopened.
16.03 Opening of Financial Bids :
The Financial bids of only those agencies will be opened who are qualified in the Technical evaluation
and Presentation by the committee.
The date of opening of financial bid shall be intimated accordingly and shall be opened in the presence of
selected bidders /Architect Consultants or their representatives who wish to attend.
16.04 Financial Proposal Evaluation:
Evaluation Committee shall open the Financial Proposal of the technically qualified Bidders in the
presence of the Bidders / their authorized representative, who choose to attend, at the scheduled date and
time.
Lowest financial proposal (Fm) shall be given a financial score (Sf) of 100 points. The financial score of
the other financial proposals (Fo) shall be computed as follows:
Sf = 100 x Fm (Lowest financial proposal)
Fo (Other financial proposal)
Similarly highest technical proposal shall be given a technical score (Tm) of 100 points. The technical
score of the other financial proposals (To) shall be computed as follows.
St = 100 x To (score of other technical proposal)
Tm (highest score technical proposal)
Final Ranking: Proposals shall finally be ranked according to their combined technical (St) and
Financial (Sf) scores using the weights (T=the weight given to the technical proposal=80%; F=the weight
given to the financial proposal=20%;) indicated below:
S =St x T+ Sf x F
= (St x 80% + Sf x 20%)
17.0 Selection of Architect:
The assignment shall be awarded to the bidder with higher final ranking. In case of a tie, bidder
with higher financial score will be considered for award of work.
Seal & Signature of Tenderer HPL 10
18.0 Even though the applicant may satisfy the above requirements, he/she would be
liable to disqualification, if he/she has made misleading or false representation or
deliberately suppressed the information in the forms, statements and enclosures.
19. 0 The successful consultant(s) for the purpose of execution of the services, progress
review and monitoring, shall submit, a detailed work schedule and PERT network
/ CPM indicating completion of all major activities as per the milestones indicated
for completion of such activities in the RFP Document for consideration and
approval by the HPL. This approved schedule / network shall be pre-requisite for
signing of the Contract Agreement and shall form part of the Contract Agreement.
Further the consultant shall also submit another schedule, which is the most
detailed schedule depicting all activities involved for each of the major milestones/
activities involved in consultation with the HPL for approval by the Engineer in-
Charge at the site.
20.0 Confidentiality
Information relating to evaluation of tenders and recommendations concerning
awards shall not be disclosed to the Architect firm/consultants who submitted the
tender or to other persons not officially concerned with the process, until the
publication of the award of Contract. The undue use by any Consultant of
confidential information related to the process may result in the rejection of its
tender and may be debarred from participating in future tenders
General Manager (Engg.)
Issued to:
M/s. ________________________
________________________
________________________
Seal & Signature of Tenderer HPL 11
Annexure-I
UNDERTAKING
(To be enclosed along with EMD in Envelope-I)
I/We of M/s. _____________________________ bidder for Consultancy works “ To
render Architectural and Engineering Consultancy Services in connection with the
Construction of Post Doctoral Student’s Accommodation at IIT-Kharagpur” with
M/s. Hindustan Prefab Limited do hereby undertake that I/We agree to unconditionally
accept all the terms and conditions mentioned in the tender documents.
Further, we have noted that after unconditionally accepting the tender conditions in its
entirety, it is not permissible to put any remarks/conditions in the Price Bid enclosed in
Envelope-II and the same has been followed in the present case. In case this provision of
the tender is found violated at any time after opening of Envelope-II, we agree that the
tender shall be summarily rejected and HPL shall without prejudice to any other right or
remedy be at liberty to forfeit the full said earnest money absolutely.
Signature of the Bidder
or Authorised Person ________________________________
Name of the Firm ________________________________
Seal of the Firm
Seal & Signature of Tenderer HPL 12
LETTER OF TRANSMITTAL
From :
To
The General Manager (Engg.),
Hindustan Prefab Limited,
Jangpura, New Delhi: 110 014.
SUBJECT: Submission of tender To render Architectural and Engineering Consultancy Services
in connection with the Construction of Post Doctoral Student’s Accommodation at IIT-
Kharagpur.
Sir,
Having examined the details given in press-Notice and bid document for the above work, I/We
hereby submit the bid document and other relevant information.
1. I /We hereby certify that all the statements made and information supplied in the enclosed forms
A to F and accompanying statement are true and correct.
2. I / We have furnished all information and details necessary for eligibility and have no further
pertinent information to supply.
3. I /We submit the requisite certified solvency certificate and authorize the Dy. General Manager
or his authorized representatives to approach the Bank issuing the solvency certificate to confirm
the correctness thereof. I/We also authorise Dy. General Manager or his authorized
representative to approach individuals, employers, firm and corporation to verify our competence
and general reputation.
4. I /We submit the following certificates in support of our suitability, technical knowhow and
capability for having successfully completed the following works.
Enclosures:
Seal of Bidder Signature of Bidder(s)
S. N. Name of work Certificate from
Seal & Signature of Tenderer HPL 13
Date of Submission
INTEGRITY PACT
To,
General Manager (Engg.)
Hindustan Prefab Limited,
Jangpura, New Delhi : 110 0 14
SUBJECT : Selection of Architect To render Architectural and Engineering Consultancy
Services in connection with the Construction of Post Doctoral Student’s
Accommodation at IIT-Kharagpur.
NIT No. : HPL/GM/TC/IITK/2015-16/ 62 Dated : 07.09.2015
Dear Sir,
I/We acknowledge that HPL is committed to follow the principles thereof as
enumerated in the Integrity Agreement enclosed with the tender/bid document.
I/We agree that the Notice Inviting Tender (NIT) is an invitation to offer made on
the condition that I/We will sign the enclosed integrity Agreement, which is an integral
part of tender documents, failing which I/We will stand disqualified from the tendering
process. I/We acknowledge that THE MAKING OF THE BID SHALL BE REGARDED
AS AN UNCONDITIONAL AND ABSOLUTE ACCEPTANCE of this condition of the NIT.
I/We confirm acceptance and compliance with the Integrity Agreement in letter and
spirit and further agree that execution of the said Integrity Agreement shall be separate and
distinct from the main contract, which will come into existence when tender/bid is finally
accepted by HPL. I/We acknowledge and accept the duration of the Integrity Agreement,
which shall be in the line with Article 1 of the enclosed Integrity Agreement.
I/We acknowledge that in the event of my/our failure to sign and accept the
Integrity Agreement, while submitting the tender/bid, HPL shall have unqualified, absolute
and unfettered right to disqualify the tenderer/bidder and reject the tender/bid is accordance
with terms and conditions of the tender/bid.
Yours faithfully
(Duly authorized signatory of the Bidder)
Seal & Signature of Tenderer HPL 14
INTEGRITY PACT
To be signed by the bidder and same signatory competent / authorised to sign the
relevant contract on behalf of HPL.
INTEGRITY AGREEMENT
This Integrity Agreement is made at ........ on this ........ day of ...........201….
BETWEEN
President of India represented through General Manager (Engg.), Hindustan Prefab Limited,
Jangpura, New Delhi-110014, on behalf of ________________________ (Hereinafter referred
as the ‘Principal/Owner’, which expression shall unless repugnant to the meaning or context
hereof include its successors and permitted assigns)
AND .............................................................................................................
(Name and Address of the
Individual/firm/Company)
through .................................................................... (Hereinafter referred to as the
(Details of duly authorized signatory)
“Bidder/Contractor” and which expression shall unless repugnant to the meaning or
context hereof include its successors and permitted assigns)
Preamble
WHEREAS the Principal / Owner has floated the Tender (NIT No.
… …….…………………..……………….) (hereinafter referred to as “Tender/Bid”) and
intends to award, under laid down organizational procedure, contract for
:
______________________________________________________________________________
______________________________________________________________________________
____________________
NIT No. HPL/GM/TC/IITK/2015-16/ Dated : .2015 hereinafter referred to as the
“Contract”.
AND WHEREAS the Principal/Owner values full compliance with all relevant laws of
the land, rules, regulations, economic use of resources and of fairness/transparency in
its relation with its Bidder(s) and Contractor(s).
AND WHEREAS to meet the purpose aforesaid both the parties have agreed to enter into
this Integrity Agreement (hereinafter referred to as “Integrity Pact” or “Pact”), the terms and
conditions of which shall also be read as integral part and parcel of the Tender/Bid documents
and Contract between the parties.
NOW, THEREFORE, in consideration of mutual covenants contained in this Pact, the
parties hereby agree as follows and this Pact witnesses as under:
Seal & Signature of Tenderer HPL 15
Article 1: Commitment of the Principal/Owner
1) The Principal/Owner commits itself to take all measures necessary to prevent
corruption and to observe the following principles:
(a) No employee of the Principal/Owner, personally or through any of his/her family
members, will in connection with the Tender, or the execution of the Contract,
demand, take a promise for or accept, for self or third person, any material or
immaterial benefit which the person is not legally entitled to.
(b) The Principal/Owner will, during the Tender process, treat all Bidder(s) with equity
and reason. The Principal/Owner will, in particular, before and during the Tender
process, provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential / additional information through which the Bidder(s) could
obtain an advantage in relation to the Tender process or the Contract execution.
(c) The Principal/Owner shall endeavour to exclude from the Tender process any
person, whose conduct in the past has been of biased nature.
2) If the Principal/Owner obtains information on the conduct of any of its employees
which is a criminal offence under the Indian Penal code (IPC)/Prevention of
Corruption Act, 1988 (PC Act) or is in violation of the principles herein
mentioned or if there be a substantive suspicion in this regard, the
Principal/Owner will inform the Chief Vigilance Officer and in addition can also
initiate disciplinary actions as per its internal laid down policies and procedures.
Article 2: Commitment of the Bidder(s)/Contractor(s)
1) It is required that each Bidder/Contractor (including their respective officers,
employees and agents) adhere to the highest ethical standards, and report to the
Government / Department all suspected acts of fraud or corruption or Coercion or
Collusion of which it has knowledge or becomes aware, during the tendering
process and throughout the negotiation or award of a contract.
2) The Bidder(s)/Contractor(s) commits himself to take all measures necessary to
prevent corruption. He commits himself to observe the following principles during
his participation in the Tender process and during the Contract execution:
a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm,
offer, promise or give to any of the Principal/Owner’s employees involved in the
Tender process or execution of the Contract or to any third person any material or
other benefit which he/she is not legally entitled to, in order to obtain in exchange
any advantage of any kind whatsoever during the Tender process or during the
execution of the Contract.
Seal & Signature of Tenderer HPL 16
b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed
agreement or understanding, whether formal or informal. This applies in particular to
prices, specifications, certifications, subsidiary contracts, submission or non-submission
of bids or any other actions to restrict competitiveness or to cartelize in the bidding
process.
c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC
Act. Further the Bidder(s)/Contract(s) will not use improperly, (for the purpose of
competition or personal gain), or pass on to others, any information or
documents provided by the Principal / Owner as part of the business relationship,
regarding plans, technical proposals and business details, including information
contained or transmitted electronically.
d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the names and addresses of
agents / representatives in India, if any. Similarly Bidder(s)/ Contractor(s) of Indian
Nationality shall disclose names and addresses of foreign agents/representatives, if
any. Either the Indian agent on behalf of the foreign principal or the foreign principal
directly could bid in a tender but not both. Further, in cases where an agent participate
in a tender on behalf of one manufacturer, he shall not be allowed to quote on behalf
of another manufacturer along with the first manufacturer in a subsequent/parallel tender
for the same item.
d) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments
he has made, is committed to or intends to make to agents, brokers or any other
intermediaries in connection with the award of the Contract.
3) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences
outlined above or be an accessory to such offences.
4) The Bidder(s)/Contractor(s) will not, directly or through any other person or
firm indulge in fraudulent practice means a wilful misrepresentation or
omission of facts or submission of fake/forged documents in order to induce
public official to act in reliance thereof, with the purpose of obtaining unjust
advantage by or causing damage to justified interest of others and/or to
influence the procurement process to the detriment of the Government interests.
5) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm
use Coercive Practices (means the act of obtaining something, compelling an
action or influencing a decision through intimidation, threat or the use of force
directly or indirectly, where potential or actual injury may befall upon a person, his/
her reputation or property to influence their participation in the tendering process).
Seal & Signature of Tenderer HPL 17
Article 3: Consequences of Breach
Without prejudice to any rights that may be available to the Principal/Owner under law or
the Contract or its established policies and laid down procedures, the Principal/Owner shall
have the following rights in case of breach of this Integrity Pact by the
Bidder(s)/Contractor(s) and the Bidder/ Contractor accepts and undertakes to respect and
uphold the Principal/Owner’s absolute right:
1) If the Bidder(s)/Contractor(s), either before award or during execution of Contract
has committed a transgression through a violation of Article 2 above or in any other
form, such as to put his reliability or credibility in question, the Principal/Owner
after giving 14 days notice to the contractor shall have powers to disqualify the
Bidder(s)/ Contractor(s) from the Tender process or terminate/determine the
Contract, if already executed or exclude the Bidder/Contractor from future contract
award processes. The imposition and duration of the exclusion will be
determined by the severity of transgression and determined by the
Principal/Owner. Such exclusion may be forever or for a limited period as decided
by the Principal/Owner.
2) Forfeiture of EMD/Performance Guarantee/Security Deposit: If the
Principal/Owner has disqualified the Bidder(s) from the Tender process prior to the
award of the Contract or terminated/determined the Contract or has accrued the right
to terminate/determine the Contract according to Article 3(1), the Principal/Owner
apart from exercising any legal rights that may have accrued to the
Principal/Owner, may in its considered opinion forfeit the entire amount of Earnest
Money Deposit, Performance Guarantee and Security Deposit of the
Bidder/Contractor.
3) Criminal Liability: If the Principal/Owner obtains knowledge of conduct of a Bidder
or Contractor, or of an employee or a representative or an associate of a Bidder or
Contractor which constitutes corruption within the meaning of IPC Act, or if the
Principal/Owner has substantive suspicion in this regard, the Principal/Owner will
inform the same to law enforcing agencies for further investigation.
Article 4: Previous Transgression
1) The Bidder declares that no previous transgressions occurred in the last 5 years
with any other Company in any country confirming to the anticorruption
approach or with Central Government or State Government or any other
Central/State Public Sector Enterprises in India that could justify his exclusion
from the Tender process.
2) If the Bidder makes incorrect statement on this subject, he can be disqualified
from the Tender process or action can be taken for banning of business
dealings/ holiday listing of the Bidder/Contractor as deemed fit by the Principal/
Owner.
3) If the Bidder/Contractor can prove that he has resorted / recouped the damage
caused by him and has installed a suitable corruption prevention system,
the Principal/Owner may, at its own discretion, revoke the exclusion
prematurely.
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Article 5: Equal Treatment of all Bidders/Contractors/Subcontractors
1) The Bidder(s)/Contractor(s) undertake(s) to demand from all
subcontractors a commitment in conformity with this Integrity Pact. The
Bidder/Contractor shall be responsible for any violation(s) of the principles laid
down in this agreement/Pact by any of its Sub- contractors/sub-vendors.
2) The Principal/Owner will enter into Pacts on identical terms as this one with all
Bidders and Contractors.
3) The Principal/Owner will disqualify Bidders, who do not submit, the duly
signed Pact between the Principal/Owner and the bidder, along with the
Tender or violate its provisions at any stage of the Tender process, from the
Tender process.
Article 6- Duration of the Pact
This Pact begins when both the parties have legally signed it. It expires for the
Contractor/Vendor 12 months after the completion of work under the contract or till the
continuation of defect liability period, whichever is more and for all other bidders, till the
Contract has been awarded.
If any claim is made/lodged during the time, the same shall be binding and continue to be
valid despite the lapse of this Pacts as specified above, unless it is discharged/determined by
the Competent Authority, HPL on behalf of IIIT, Guwahati.
Article 7- Other provisions
1) This Pact is subject to Indian Law, place of performance and jurisdiction
is the Head quarters of the Division of the Principal/Owner, who has floated
the Tender.
2) Changes and supplements need to be made in writing. Side agreements have not
been made.
3) If the Contractor is a partnership or a consortium, this Pact must be signed by
all the partners or by one or more partner holding power of attorney signed by
all partners and consortium members. In case of a Company, the Pact must be
signed by a representative duly authorized by board resolution.
4) Should one or several provisions of this Pact turn out to be invalid; the remainder
of this Pact remains valid. In this case, the parties will strive to come to an
agreement to their original intensions.
5) It is agreed term and condition that any dispute or difference arising between
the parties with regard to the terms of this Integrity Agreement / Pact,
any action taken by the Owner/Principal in accordance with this Integrity
Agreement/ Pact or interpretation thereof shall not be subject to
arbitration.
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Article 8- LEGAL AND PRIOR RIGHTS
All rights and remedies of the parties hereto shall be in addition to all the other legal rights
and remedies belonging to such parties under the Contract and/or law and the same shall be
deemed to be cumulative and not alternative to such legal rights and remedies aforesaid. For
the sake of brevity, both the Parties agree that this Integrity Pact will have precedence over
the Tender/Contact documents with regard any of the provisions covered under this Integrity
Pact.
IN WITNESS WHEREOF the parties have signed and executed this Integrity Pact at the
place and date first above mentioned in the presence of following witnesses:
............................................................... (For and on behalf of Principal/Owner)
................................................................. (For and on behalf of Bidder/Contractor)
WITNESSES:
1. ..............................................
(signature, name and address)
2. ...............................................
(signature, name and address)
Place
Date
Seal & Signature of Tenderer HPL 20
GENERAL CONDITIONS OF CONTRACT
Brief project summary:
The project will comprise of construction of 100 units of accommodation for Post Doctoral
Student’s at IIT Kharagpur Campus at Kharagpur. The construction will be of high-rise
type, maximum up to G+7(no basement floor) .The built up footprint area is to be limited to
600 sqm. Each of the proposed units should have exactly 35 sqm of living area (excluding
area occupied by walls).There will be provision for living cum bedroom, bathroom,
kitchenette, loft, wall cupboards in each unit . Each unit should be fitted with LAN points
(for internet & telephone), power sockets at kitchenette & bathroom. Provision of common
mechanized washing & clothes drying space instead of individual balconies will be
preferred. Front office space, lounge , common kitchen & dining (50 capacity) in ground
floor and parking for 100 two wheelers are to be provided.
1.0 SCOPE OF WORK.
Preparation of Master Plan of campus, infrastructure and site development work
including site survey, Topographical Survey, Contouring , Levels, soil testing, measured
dimensions of existing buildings, including additions and alterations and interior design
of existing buildings. The topographical survey should include the existing structures
including service line and facilities available like water supply, electricity and approach
road etc. Work also includes proposal for new buildings such as hostels, staff quarters,
laboratories and lecture rooms, main security gate, library buildings, café, dinning halls
wardens facilities etc work involves design drawings, specs and architecture, structural
plumbing, electrical and external development work with quick construction technology /
prefab construction, site visits, preparation of BOQ, bid documents, rate analysis, detailed
engineering of all services and approval of shop drawings and weekly meetings on site to
resolve any issue and implement any change or take specific data for revision in drawings
or for providing additional details.
A – PLANNING STAGE
1.01 Undertaking site visits to collect details/data/information required for planning purpose,
holding necessary discussions with the Clients and HPL and obtaining requirements of
project and attending meetings at site of work or HPL’s Office, Client’s Office as and
when required by HPL to carryout detailed survey of the project location
1.02 Preparation and submission of detailed “Master Plan” of entire complex and obtaining
necessary approvals from client and statutory bodies including submission of
photographs and other documents required in connection with approval from clients and
Statutory Bodies. Prepare plinth are rate estimate as per CPWD norms. The estimate shall
also include the non-PAR items on prevailing market rate along with justification,
specification.
1.03 The Architect / Consultant will make the presentation related to the project as and when
required by the client / HPL
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1.04 The Associate Consultant shall be fully responsible for evolving safe, economic,
technically sound and correct design and shall ensure that the planning and designing of
the project as per specifications of clients, latest ISI codes of practices, legislation, other
relevant bye-laws and good engineering practices.
1.05 The Associate Consultant will give undertaking that the estimate / design and other
documents related to the projects will be prepared and furnished to suit the particular
local conditions of the site in the most economical manner. The Associate Consultant
will work out economic design and adopt specification so as to ensure that the estimate
approved by clients at initial stages is not exceeded on completion of work.
B - Implementation of project.
1.06 To carryout Soil Investigation for the project and submission of complete data / Test
Report. To conduct the survey with the due diligence study based upon the land records
including relevant maps and records. This will also include performance site survey
including building, tree and utility surveys, obtaining Soil data, Topographical data,
Hydrological data, Meteorological data etc. for design purpose as per codel provisions.
1.07 Preparation and submission of preliminary drawings, designs, specifications and
preliminary cost estimates for each and every building/ structure including internal
services complete and including getting necessary approvals from clients/ Statutory
Bodies including preparation and submission of Model.
1.08 Preparation and submission of detailed Architectural drawings, designs and
specifications for building / structures suitable for construction and releasing to site
including getting necessary approval from clients/ local authorities, wherever required.
Architectural drawings shall mean and include detailed engineering drawings, showing
plans, elevations, sections and detailing related to the structural, civil, sanitary electrical,
mechanical, chemical, environmental, public health related and other works for each of
the construction units together with modification and / or revision thereto, as and when
needed.
1.09 a) Preparation and submission of detailed structural designs drawings, fabrication
and erection drawings and detailed bar bending schedule (if required by HPL field
units/client) based on approved Architectural drawings, for various buildings/ structures
complete, suitable for construction and release to site including getting approvals from
clients / local authorities, wherever required.
b) The structure design details shall be got proof checked by Consultant from any of
the IITs/ NITs/ Institution, approval by HPL. The consultant has the obligation to make
as many required modification in the design incorporating the observation of above
authority and re-submit the design and drawing. The fee on account of this shall be borne
by the Architect Consultant.
1.10 Preparation and submission of detailed designs, drawings and documents for all internal
utility services like plumbing, fire-fighting, electrification etc. as per the requirements of
the project suitable for construction and release to site including getting necessary
approval from clients/ local authorities, wherever required.
Seal & Signature of Tenderer HPL 22
1.11 Preparation of designs drawings and documents pertaining to external utility services
like water supply, sewerage, storm water drainage, fire hydrants schemes, water supply
in-take arrangements, roads, street lighting, substations, switch yards and other related
schemes, landscaping, horticulture, arboriculture, street furniture, paths, boundary walls
and any other specialized extra services as per project requirement suitable for
construction and release to site including getting necessary approvals from clients / local
authorities, wherever required.
1.12 Preparation and submission of detailed bills of quantities, detailed estimate including
preparation and submission of detailed take off calculations sheets, analysis of rates and
tender documents for all works covered under clauses 1.05 to 1.10 including issue of
adequate number of tender documents along with necessary drawings for the purposes of
inviting tenders. Separate tender documents may be required to be submitted for different
works as decided by HPL.
1.13 Carrying out all modifications / deletions / additions / alteration in design/ drawings /
documents as required by client and HPL for proper execution of works at site till
completion and handing over of the project to the client.
1.14 Periodic supervision of works to ensure adherence on the part of the contractor’s
execution of work as per detailed drawings and specifications, including sorting out
problems and issue of necessary clarifications at site including preparation of additional
drawings and details for proper execution of work at site. The visit to the site at
Construction stages will be as and when required in the exigencies of work but the
consultant will adhere the below schedule.
i) At the starting of the project
ii) At 15% completion of work
iii) At 30% completion of work
iv) At 45% completion of work
v) At 60% completion of work
vi) At 75% completion of work
vii) At 90% completion of work
viii) At 100% completion of work
1.15 Preparation and submission of completion reports, completion drawings and documents
for the project as required and acceptable to clients including getting necessary
completion certificates, from Municipality/ statutory bodies.
1.16 The Client shall become the absolute and unencumbered owner of all intellectual
property (including documents/maps/plans etc. in hardcopy and/or in electronic form)
related to and arising from preliminary submissions, Architectural Drawings,
Architectural Design, Surveys of the project as they become available. The Client shall
have exclusive and complete right of above intellectual property in perpetuity for use in
future projects and in non-academic and academic activities. Sub-contractors/consultants
etc. shall have no ownership of above intellectual property and shall not use the same for
any commercial or non-commercial activity in the future.
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2.0 PAYMENT OF CONSULTANCY FEES
2.01 The fee of the consultant will be payable on percentage basis (as quoted & approved) of
the actual cost of work on completion or sanctioned prime cost of the work, whichever is
lower.
The rate of consultancy fee, shall be firm, fixed and final and inclusive of all taxes
(Service Tax, education cess etc. as applicable) and valid till completion of the project.
The completion cost shall exclude the following:-
a) Cost of Land.
b) Plan approval and service connection deposits and fees to local and /or statutory
bodies/ State/Central Govt., paid/payable by the Client/Executing Agency.
c) Any other services, fittings and fixtures which are not designed and planned by the
Consultant.
d) Cost of demolition of the existing building or its portion. Any infructuous
expenditure as a result of demolition etc. and cost of any rejected work.
e) Cost of supervisory and other establishment employed on work by Consultant or the
Client/Executing Agency.
f) Other contingent expenditure like press advertisement, publicity, cost of foundation
stone, inauguration ceremonies of building etc.
g) Escalation in the cost of work due to increase in rates of materials, labour etc. after
award of work.
h) Any deviation in the items of work not authorized by the Client/Executive Agency
prior to its execution.
i) Cost of any equipment which does not come under the scope of works of consultant.
j) Expenses relating to all legal fees and taxes etc. payable to various statutory and local
authorities paid by Client/Executive Agency.
k) Any payment towards reimbursement of taxes and duties, levies, cess etc.
l) Agency charges of Executing Agency.
3.0 MODE OF PAYMENT
On completion of works in stages
3.01 1.01 to 1.05 10% of total consultancy fee
3.02 1.06 to 1.07 15% - do -
3.03 1.08 to 1.10 15% - do -
3.04 1.11 10% - do --
3.05 1.12 10% - do -
3.05 1.13 to 1.14 20% - do -
3.06 1.15 20% - do –
--------
100% - do -
HPL shall release running payments on pro-rata basis after receiving the payment from the
client for various stages depending upon extent of their completion and decision of HPL in this
regard shall be final.
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On completion of works in stages
4.0 TERMS AND CONDITIONS
4.01 The Associate Consultant shall furnish an unconditional and irrevocable performance
bank guarantee on the proforma of HPL from a scheduled bank to the extent of 5% of
the value of total consultancy fees of Associate Consultant before release of 1st
installment (stage 3.01) of his fees based on approved cost. This bank guarantee
shall remain valid till twelve months after execution of work and handing over all
works of the project to clients by HPL.
4.02 5% of the fees payable to the Associate Consultant shall be retained from the
Running bills as ‘Retention Money’ in addition to the performance guarantee and the
same shall be released to the Associate Consultant three months after completion of
defect liability period.
4.03 Payment of running bills shall be made to the Associate Consultant based on the
contract value at which work is awarded by HPL to contractor or approved estimated
cost (excluding HPL’s agency charges), whichever is lower. The payment shall
however be made from the Registered Office of HPL situated in New Delhi by A/c
Payee cheque drawn on the Bank at New Delhi. In case the payment is required by
D.D., the charges shall be borne by the Associate Consultant.
Notwithstanding what is stated in para 2.0 and 3.0 above, the payment of fees to the
Associate Consultant shall be released only after the financial sanction of project is
received by the HPL from clients and money released by the clients to HPL against
this project. The Associate Consultant shall have no claim on HPL in case release of
money is delayed by clients or project is not sanctioned to HPL.
4.04 The final fees payable to the consultant shall be determined on the basis given in para
2.0 and difference, if any, in the fees payable and already paid at various stages shall
be adjusted at the last stage of the payment given under para / clause 3.0.
4.05 The Associate Consultant shall design, redesign, modify and make changes in the
design, drawings, details etc. till they are finally approved by clients and as required
for completion trial run, defect liability period and handing over of the project to
clients, within the fees agreed by the Associate Consultant in para 2.0 and nothing
extra shall be payable to Associate Consultant in this regard.
4.06 PAYMENT TOWARDS VISITS
All expenses for visits to the sites by the Associate Consultant in connection with
planning, designing, detailing, obtaining approval from clients / HPL / Statutory
bodies and during construction and completion stage of work shall be borne by the
associate Consultant and deemed to be included in his quoted fees.
The Associate Consultant shall prepare necessary models, if required, in connection
with approvals of scheme prepared by them from clients/ statutory bodies etc. at his
own cost.
Seal & Signature of Tenderer HPL 25
4.07 If at any time after award/ start of work, the client decides to abandon or reduce
the scope of work for any reason whatsoever and hence not require the whole or any
part of the works to be carried out, the HPL shall give notice in writing to this effect
to the Associate Consultant and the Associate Consultant shall have no claim for any
payment of compensation, or otherwise whatsoever, on account of any profit or
advance which he might have derived from the execution of the works in full but
which he did not derive in consequence of the foreclosure of the whole or part of the
work.
4.08 The Associate Consultant shall supply free of charge to the HPL, the following
documents:
a) Six sets of complete detailed design calculations (structural and other services)
including supply of drawings incorporating subsequent modifications /
revision, if any.
b) Ten sets of each of all working drawings for Architectural, Structural, Public
Health, Electrical, Mechanical, Fabrication, Erection and all services and
works (good for construction drawings), based on the approved drawings
including supply of drawings incorporating modifications / revision, if any.
c) Six sets of detailed estimates and rate analysis of all works.
d) Adequate number of tender documents and drawings.
e) Adequate number of additional design, drawings and other documents needed
for proper execution of works.
f) Six sets of completion drawings (cloth mounted) and detailed documents duly
approved by local authorities.
4.09 The Associate Consultant shall provide the documents, drawings, design, details
as required for timely completion of works within the time period mentioned against
each activity and the same is part of this agreement. The consultant shall complete
the said works within this agreed time schedule. No extension of time for completing
the same shall be made owing to any variations made in the works by the orders of
the clients/HPL, unless the clients in consequences of such variations extends the
time allowed to HPL for the completion of the works, in which case HPL may extend
the time for completion under this agreement for a proportionate period but not
greater than the time allowed to HPL for the completion of the whole works.
4.10 All designs and drawings shall be the property of HPL and the name of HPL shall
be predominantly displayed on all the drawings and documents as “Executing
Agency”. The originals of approved completion drawings shall be on good quality
re-producible on tracing papers. The proprietary rights of design shall remain with
Associate Consultant. The copy of design and drawings in digitalized format shall be
submitted to HPL.
Seal & Signature of Tenderer HPL 26
4.11 The Associate Consultant shall be fully responsible for evolving safe, economic,
technically sound and correct design and shall ensure that the planning and designing
of the work is carried out based on the tender documents and specifications of
clients, latest ISI codes of practices, legislation, other relevant bye-laws and good
engineering practices and Associate Consultant shall guarantee the performance of
all the structures, conveyances system and services after completion. The bill of
quantities and specifications shall be as per CPWD, BIS, MOST, HPL norms as
desired by HPL and / or clients.
4.12 The Associate Consultant will give undertaking that all drawings, design,
specifications, plans, estimates and other documents will be prepared and furnished
to suit the particular local conditions of the site in the most economical manner. The
Associate Consultant will work out economic design and adopt specification so as to
ensure that the estimate approved by clients at initial stages are not exceeded on
completion of work. At any stage. during the progress of execution of the work, if
any defect is noticed in the drawings, designs, specifications, plans, estimates or
other documents, the consultant shall provide free of cost to HPL fresh designs /
drawings / specifications / estimates and other documents within a period of the
seven days from the date of notice issued by HPL in this regard. The consultant shall
also indemnify the HPL due to such defective drawings/ designs/ specifications /
estimates / other documents supplied by the consultant subject to a maximum of the
consultancy fees.
4.13 The Associate Consultant shall ensure at detailed design stage that the project is
completed within approved project cost and the actual quantities of works executed
at site based on details / drawings given by the Associate Consultant, should not
exceed by 3% (three percent) of the quantities given by him at preliminary project
report stage on the basis of which the project cost is approved by the clients. In case
HPL has to incur extra expenses due to execution of extra quantities / additional
work to complete the project, the same shall be recovered from the Associate
Consultant upto the extent of maximum 15% (fifteen percent) of total consultancy
fees.
4.14 While providing consultancy services, the Associate Consultant shall ensure that
there is no infringement of any patent or design rights and he shall be fully
responsible for consequence / any actions due to any such infringement. Associate
Consultant shall keep HPL indemnified all the times and shall bear the losses
suffered by HPL in this regard.
4.15 The statutory deduction of income tax, or other taxes, duties, levies, cess etc. as
applicable shall be made from the payment released to Associate Consultant from
time to time and same are deemed to be included in the Associate Consultants fees
and nothing extra shall be payable to Associate Consultant in this regard. The
Associate Consultant shall submit the service tax details in all bills/ invoices to be
submitted for payments.
Seal & Signature of Tenderer HPL 27
4.16 The Associate Consultant shall establish office at Kharagpur to undertake site visits
or to attend meetings to collect details/data/information required for planning
purposes, holding necessary discussions with HPL/Clients representatives/local
bodies and obtaining requirements of the Project and attending meetings with
officials of Local bodies/Govt. Authorities/State/HPL/Central Govt. or any other
agency, as and when required.
5.0 TERMINATION OF WORK
5.1 The work may be terminated at any time by HPL upon one month’s notice in writing
being given to Associate Consultant, if the Associate Consultant’s work is not found
to be satisfactory according to the terms of the agreement. In case the agreement is
terminated on account of Associate Consultant’s work not being satisfactory. HPL
will get the work done at the risk and cost of the consultant.
5.2 If the scope of work is reduced by the client and the consultant approaches to the
client to get the same work for rendering the consultancy services than the
performance guarantee, security money, earnest money deposited by the consultant to
HPL will be forfeited.
6.0 LIQUIDATED DAMAGES
In case the Associate Consultant fails to complete the work within the contract period
or extended period mentioned in clause 4.09 above owing to reasons attributable to
Associate Consultant, liquidated damages @ 1% per week of the total fees subject to a
maximum of 10% of the total fees payable shall be levied on the Associate consultant.
HPL shall be entitled to deduct such damages from the dues that may be payable to
the Associate Consultant.
7.0 FORCE MAJEURE CLAUSE
The HPL will not be responsible for any delay / stoppage of work due to force
majeure conditions like natural calamities, civil disturbances, strikes, war etc. and
losses suffered, if any, by the consultant on this account. The HPL shall not be liable
in any way to bear such losses and no compensation of any kind whatsoever will be
payable by the HPL to the Associate consultant.
8.0 JURISDICTION
The Courts in Delhi/New Delhi alone will have the jurisdiction to deal with matters
arising under this work.
9.0 ARBITRATION :
Any or all disputes, differences, or questions which may at any time arise between the
parties hereto or any person claiming under them, touching or arising out of or in respect
of this agreement or the subject matter thereof shall first be endeavored to be amicably
resolved at the top management level of the parties. However, in the event of such
dispute, difference or question, etc. remaining unsolved, the same shall be referred to the
arbitration by a Sole Arbitrator to be nominated by the Chairman & Managing Director,
HPL and the provisions of the Arbitration & Conciliation Act, 1996 shall be applicable.
The place of such arbitration shall be at New Delhi.
Seal & Signature of Tenderer HPL 28
PROFORMA OF BANK GUARANTEE (PERFORMANCE)
Hindustan Prefab Limited,
Jangpura,
New Delhi 110014
Whereas the Hindustan Prefab Limited, (hereinafter called “HPL” which expression shall
include its successors and assigns) having awarded the Associate Consultancy Contract
for ___________________ hereinafter called the Contract) to M/s.
_________________________ (hereinafter called the Associate Consultant) at a total
price of Rs. _________ subject to the terms and conditions contained in the contract.
Whereas, the terms and conditions of the contract require the contractor to furnish a bank
guarantee for Rs. ________ (Rupees ________________) being ____ % of the total
value of contract for proper execution and due fulfillment of the terms and conditions
contained in the contract.
We, the Bank, (hereinafter called the “Bank”) do hereby unconditionally and irrevocably
undertake to pay to HPL immediately on demand in writing and without protest / or
demur all moneys payable by the Associate Consultant to HPL in connection with the
performance of the Contract inclusive of any loss, damages, charges, expenses and costs
caused to or suffered by or which would be caused to or suffered by HPL by reason of
any breach by the Associate Consultant of any of the terms and conditions contained in
the contract as specified in the notice of demand made by HPL to the bank. Any such
demand made by HPL on the bank shall be conclusive evidence of the amount due and
payable by the bank under this guarantee. However, the Bank’s liability under this
guarantee, shall be limited to Rs. ______ in the aggregate and the bank hereby agrees to
the following terms and conditions.
i) This guarantee shall be continuing guarantee and irrevocable for all claims of HPL as
specified above and shall be valid during the period specified for the performance of
the contract including the period of maintenance i.e. upto __________.
ii) We, the said bank further agree with HPL that HPL shall have the fullest liberty
without our consent and without affecting in any manner our obligations and
liabilities hereunder to vary any of the terms and conditions of the said contract or to
extend time for performance of contract by the contractor from time to time or to
postpone for any time or from time to time any of the powers exercisable by HPL
against the Associate Consultant under the contract and forebear or enforce any of
the terms and conditions relating to the said contract and we shall not be relieved
from our liability by reason of any such variations or extension being granted to the
Associate Consultant or for any forbearance, act or omission on the part of HP or any
other indulgence by HPL to the contractor or by any such matter or thing whatsoever,
which under the law relating to the sureties would, but for this provision, have effect
of so relieving us.
Seal & Signature of Tenderer HPL 29
iii) This guarantee / undertaking shall be in addition to any other guarantee or security
whatsoever HPL may now or at any time have in relation to the performance of the
works/equipment and the company shall have full recourse to or enforce this security
in performance to any other security or guarantee which the HPL may have or
obtained and there shall be no forbearance on the part of the HPL in enforcing or
requiring enforcement of any other security which shall have the effect of releasing
the Bank from its full liability. It shall not be necessary for HPL to proceed against
the said Associate Consultant before proceeding against Bank.
iv) This guarantee / undertaking shall not be determined or affected by the liquidation or
winding up, dissolution or change of constitution or insolvency of the Associate
Consultant, but shall in all respects and for all purposes be binding and operative
until payment of all moneys payable to HPL in terms thereof are paid by the Bank.
v) The Bank hereby waives all rights at any time inconsistent with the terms of this
Guarantee and the obligations of the bank in terms hereof, shall not be otherwise
effected or suspended by reasons of any dispute or disputes having been raised by the
Associate Consultant (whether or not pending before any Arbitrator, Tribunal or
Court) or any denial of liability by the Associate Consultant stopping or preventing
or purporting to stop or prevent any payment by the Bank to HPL in terms hereof.
We, the said Bank, lastly undertake not to revoke this guarantee during its currency
except with the previous consent of HPL in writing. Unless a claim is made in
writing within three months, i.e. from the date of expiry of the guarantee _______
(three months after the date of expiry) we shall be relieved from all liabilities under
this guarantee thereafter.
Signed this ______ day of _____________ at _______________.
For and on behalf of the Bank
WITNESS :
1.__________________
2.__________________
Seal & Signature of Tenderer HPL 30
TECHNICAL BID
Following proforma documents will form part of Technical Bid.
No document in support of minimum eligibility criteria will be accepted after opening of tender:
Schedule-I GENERAL INFORMATION OF THE ARCHITECT(S)
Schedule- II LIST OF COMPLETED SIMILAR PROJECTS HANDLED BY THE
FIRM
Schedule- III LIST OF ONGOING SIMILAR PROJECTS BY THE FIRM
Schedule- IV FINANCIAL INFORMATION
Schedule-V LIST OF TECHNICAL PERSONNEL GIVING THEIR TECHNICAL
QUALIFICATIONS, EXPERIENCE INCLUDING THAT IN THE
PRESENT ORGANIZATION
Schedule-VI DETAILED WRITE-UP OF SIMILAR NATURE OF WORK AND
METHODOLOGY
Schedule-VII DETAILS OF INFRASTRUCTURE FACILITIES AVAILABLE WITH
THE FIRM FOR ARCHITECTURAL CONSULTANCY
Schedule-VIII AFFIDAVIT REGARDING BLACKLISTING/ NON-BLACKLISTING
Seal & Signature of Tenderer HPL 31
HINDUSTAN PREFAB LIMITED (A GOVT. OF INDIA ENTERPRISE)
JANGPURA, NEW DELHI : 110 014. SCHEDULE-I
APPLICATION FORM FOR : To render Architectural and Engineering Consultancy
Services in connection with the Construction of Post Doctoral Student’s
Accommodation at IIT-Kharagpur.
1. Name, Nationality and address of the applicant
Telephone
Fax
2 Date of commencement of Business
3 Whether the firm is a Private or Public Ltd.
concern or undivided Hindu family, individual or
a registered partnership firm (Copies of
Partnership Deeds or Articles of Association to
be enclosed).
4. Name of person holding the power of Attorney
and his present nationality (Copy of Power of
Attorney to be enclosed).
5. Name of Banker’s full address with Banker’s
Report (Solvency
Certificate to be enclosed).
6. Name of Contact Person with Telephone & Fax
No.
7. Details of Experience :
(Please fill in the separate Schedule I to II enclosed)
8.
a)
Technical Resources :
List of Technical /Administrative Personnel available with their qualification (Please fill in the separate
Schedule V enclosed).
b) List of Infrastructure /Equipment such as computers, Software packages, Scanners, Printers, Plotter,
Total station etc. available with the applicant.
c) Details of Collaboration agreements for Foreign Technology/ Knowhow, if any.
9. Whether the applicant has Graduate
Engineer/Architects Registered with Council of
Engineer/ Architecture under his employment
(Copy of Registration to be enclosed.
10 Whether the applicant is already enlisted in
Govt. /Semi Govt. enclosed organization, if so,
enclosed the copy of Registration.
11 Latest Income Tax Clearance Certificate to be
enclosed.
12 Whether the applicant or any of his partners or
shareholders is/are members) of the Indian
Parliament or my State Legislature.
Seal & Signature of Tenderer HPL 32
(Signature of Applicant with seal)
Date :
Place :
13 Whether the applicant or any of his partners or
shareholders is/are dismissed Govt. Servant(s).
14 Has the applicant or shareholders been
blacklisted or removed from the approved list of
Architect, or demoted to lower class or orders
passed banning/ suspending business with the
applicant etc. by any Deptt. in the past.
15 Has the applicant or any of his partners/
shareholders in the firm worked in HPL as an
employee. Give details.
16 Does the Architect Consultant have in-house
facility for preparation of Architectural and
other drawings.
17 I/We certify that I/We have not got myself / ourselves registered as Consultant/ Architect in HPL under
more than one name.
18 We certify that I/We did not retire as an Engineer of Gazetted rank or as any Gazetted Officer
employed in Engineering or Administrative duties in the Engineering Departments of the Govt. of India
during the last two years. I also certify that I have neither such as person under my employment nor
shall I employ any such person within two years of his retirement except with the prior permission of
the Government. (For individual seeking assignment in their own name).
Seal & Signature of Tenderer HPL 33
SCHEDULE – II
Applicant shall give information To render Architectural and Engineering
Consultancy Services in connection with the Construction of Post Doctoral
Student’s Accommodation at IIT-Kharagpur.
Completed similar nature of work :
S.
No.
Full particulars of similar
works carried out by the
Consultant
Total cost of the
Project
Name of Clients Year of
Completion
AGENCY/Consultant shall submit the certificate of satisfactory completion of the work from the respective clients
along with copy of award letter / work order.
Certified that the above information is correct.
Signature of Applicant /
Authorised Representative with Seal
Seal & Signature of Tenderer HPL 34
SCHEDULE – III
Detail of present commitment for similar nature of work “To render Architectural
and Engineering Consultancy Services in connection with the Construction of Post
Doctoral Student’s Accommodation at IIT-Kharagpur.”
S.
No.
Full particulars of similar
in hand
Total cost of the
Project
Name of Client Date of
commencement
of work
Year of
Completion
Consultant shall submit the copy of the work order for the present commitments.
Certified that the above information is correct.
Signature of Applicant /
Authorised Representative with Seal
Seal & Signature of Tenderer HPL 35
SCHEDULE – IV
FINANCIAL INFORMATION
Financial Analysis - Details to be furnished duly supported by figures in balance sheet/ profit & loss
account for the last five years duly certified by the Chartered Accountant, as submitted by the applicant to
the Income Tax Department (Copies to be attached)
YEARS
I.
i) Gross Annual Turnover
on construction works
ii) Profit/ Loss
II. Financial arrangement with the Financial Institution like over drafts/loan, Bank Guarantee Limit
etc. for carrying out the proposed work
III The following certificates are enclosed:
a) Solvency Certificate (not older than six month) from Bankers of Applicant.
b) Current Income Tax Return filed with Income Tax Dept. duly acknowledged (with seal).
Signature of Applicant(s)
Signature of Chartered Accountant with Seal
2010-11 2011-12 2012-13 2013-14 2014-15
Seal & Signature of Tenderer HPL 36
SCHEDULE – V
Key- personnel on permanent rolls of the Company as on date
S.No. Name Present
Designation
Age Qualification Architectural
Consultancy
Experience
Date from
which employed
in the present
organization
Indicate
special
experience, if
any.
Certified that the above information is correct
Signature of Applicant /
Authorized Representative with Seal
Seal & Signature of Tenderer HPL 37
SCHEDULE – VI
A. Detailed write up w.r.t. similar nature of work and Methodology (Not more than 2 pages).
Signature of Applicant /
Authorised Representative with Seal
Seal & Signature of Tenderer HPL 38
SCHEDULE – VII
Details of Infrastructure facilities available with the firm for Architectural Consultancy
(To be put in Envelope-I of Technical Bid on the letter head of the bidder)
(The information should include details of office space, in-house computer aided design facilities etc. available
with the firm)
Signature of Applicant /
Authorised Representative with Seal
Seal & Signature of Tenderer HPL 39
SCHEDULE – VIII
AFFIDAVIT REGARDING BLACKLISTING/ NON-BLACKLISTING
(To be executed on Rs.10/- Stamp paper & attested by Public Notary/Executive Magistrate by the
bidder)
I / We Proprietor/ Partner(s)/ Director(s) of M/S. --------------------------------------- hereby declare that the
firm/company namely M/S.----------------------------------------------------------------------------has not been
blacklisted or debarred in the past by HPL/ NITs/ IITs/IIITs/ Central Universities/ IISERs/CSIR labs
etc. or any other Government organization from taking part in Government tenders.
Or
I / We Proprietor/ Partner(s)/ Director(s) of M/S. ---------------------------------------- hereby declare that the
firm/company namely M/S.-------------------------------------- ---------------------------------------was
blacklisted or debarred by -------------- Name of Organization or Government Department -------------------
---------- from taking part in Government tenders for a period of ---------------- years w. e. f.--------- --------
.
The period is over on--------------and now the firm/company is entitled to take part in Government
tenders. In case the above information found false I/We are fully aware that the tender/ contract will be
rejected/cancelled by HPL, and EMD/SD shall be forfeited. In addition to the above HPL, will not be
responsible to pay the bills for any completed/ partially completed work.
Signature ………………………………………………………………….……
Name………………………………………………………………………….….
Capacity in which assigned: ………………………………………………..
Name & address of the firm: ………………………………………………...
Date:
Signature of Bidder with seal.
Seal & Signature of Tenderer HPL 40
LIST OF ENCLOSURES
(To be submitted by the Applicant)
1. Constitution of Firm :
2. Power of Attorney :
3. Last five years audited balance sheets and annual turnover.
4. Latest Income Tax Clearance Certificate and Trade License Certificate.
5. Financial capacity and credit facilities available to the firm / company as certified by their Bankers (Banker’s
certificates in original or duly attested showing present cash credit limits & guarantee limits).
6. Details of work executed during the preceding 5 years (Refer Schedule –II)
7. List of present commitment (Refer Schedule –III).
8. Financial Information (Refer Schedule –IV.).
9. Organization structure, manpower resources, technical staff, their qualification
(Refer Schedule –V).
10. Detailed write up w.r.t. similar nature of work and Methodology, not more than 2 pages
(Refer Schedule –VI).
.
11. Certificates received from clients.
12. MoU or agreement with collaborators, if any.
13. A list of those persons who are working with the applicant in any capacity and who are near relatives to any
HPL employee.
14. Affidavit regarding blacklisting/non-blacklisting (Refer Schedule-VIII)
NOTE : By the term near relative is meant wife, husband, parents and grandparents, children and grand
children, brothers and sisters, uncles, aunts and cousins and their corresponding in-laws.
Signature of Applicant /
Authorized Representative with
Seal
Seal & Signature of Tenderer HPL 41
FINANCIAL BID
To render Architectural and Engineering Consultancy Services in connection with
the Construction of Post Doctoral Student’s Accommodation at IIT-Kharagpur
S.N. Description To be quoted in percentage
(%)
1. Professional fees (inclusive of all Taxes /
Service Tax etc. as applicable) on the completion
cost of the project for the professional services
“To render Architectural and Engineering
Consultancy Services in connection with the
Construction of Post Doctoral Student’s
Accommodation at IIT-Kharagpur”.
@ ……………..%
(in figures)
Percentage (in words)
__________________
__________________
(B)
Note: 1. Fees should be quoted on percentage basis only and should be inclusive of
all Taxes/Service Tax etc. as applicable and as per relevant clauses or GCC.
2. In case of difference in words and figures, the lowest among these two shall be taken as quoted rate.
3. Approximate cost of work shall be around Rs. 16.00 Crore for phase-I.
4. The project will comprise of construction of 100 units of accommodation for Post Doctoral Student’s at IIT Kharagpur Campus at Kharagpur. Each of the proposed units should have exactly 35 sqm of living area (excluding area
occupied by walls).
Signature and Name of the Bidder with Rubber Stamp.